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H.R. 7567 · House bill · 119th Congress
This bill (commonly known as the farm bill) reauthorizes through FY2031 and modifies Department of Agriculture programs that address
Section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) is amended—
(1) in subsection (a), in the matter preceding paragraph (1)—
(A) by striking “2023” and inserting “2031”; and
(B) by striking “specialty crops, including—” and inserting “specialty crops through priorities established annually by State program administrators in consultation with specialty crop producers and producer groups, including—”;
(2) in subsection (c)—
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving the margins of such subparagraphs (as so redesignated) two ems to the right;
(B) by striking “Notwithstanding” and inserting “(1) In general.—Notwithstanding”; and
(C) by adding at the end the following:
“(2) No cost-sharing or matching requirements.— The Secretary may not impose any cost-sharing or matching requirement on any award or sub-award made using funds made available to carry out this section.”.
(3) by striking subsection (e), and inserting the following:
“(e) Plan requirements.— The State plan shall identify the lead agency charged with the responsibility of carrying out the plan and indicate—
(1) how the grant funds will be utilized to enhance the competitiveness of specialty crops; and
(2) how outreach to, and consultation with, specialty crop producers and producer groups will be achieved.”.
Section 10107(b) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622b(b)) is amended by striking “2023” and inserting “2031”.
Section 222 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6923) is amended—
(1) in subsection (a)(3)—
(A) in the matter preceding subparagraph (A), by inserting “production” after “emerging agricultural”;
(B) in subparagraph (D)—
(i) by inserting “controlled-environment agriculture, including” before “hydroponic”; and
(ii) by striking “and” at the end;
(C) by redesignating subparagraph (E) as subparagraph (H); and
(D) by inserting after subparagraph (D) the following:
“(E) using the resources of the Department and of State, Tribal, and local agencies to provide technical assistance for business incorporation, navigating local zoning, and managing farm tract numbers for smaller, noncontiguous parcels to growers implementing activities described in this paragraph;
(F) using the resources of the Department and of State, Tribal, and local agencies to promote conservation techniques unique to urban agriculture and innovative production, including techniques that address stormwater runoff and the impacted nature of urban land and the subsurface of the land;
(G) assisting urban and innovative producers in navigating Federal, State, Tribal, and local policies and regulations that impact business or operations; and”;
(2) in subsection (b)—
(A) in paragraph (5)(B), by striking “2023” and inserting “2031”; and
(B) in paragraph (7)(A), by striking “the date that is 5 years after the date on which the members are appointed under paragraph (2)(B)” and inserting “September 30, 2031”;
(3) by amending subsection (c) to read as follows:
“(c) Grants and cooperative agreements.—
(1) Grants.—
(A) In general.— The Director shall award competitive grants to support the development of urban and innovative agricultural production and technical or financial assistance to producers.
(B) Subgrants.— An eligible entity may use funds from a grant under subparagraph (A) to provide subgrants to urban and innovative producers to support the growth of the farm or farm business of the urban and innovative producers.
(C) Eligible entities.— An entity eligible to receive a grant under subparagraph (A) is—
(i) a nonprofit organization;
(ii) a unit of local government;
(iii) a Tribal organization;
(iv) an agricultural cooperative or other agricultural business entity or a producer network or association; or
(v) a school that serves any of grades kindergarten through grade 12.
(2) Cooperative agreements.—
(A) In general.— The Director may enter into cooperative agreements with eligible entities to support the development of urban and innovative agricultural production.
(B) Eligible entities.— An entity eligible to enter into cooperative agreements under subparagraph (A) is—
(i) a nonprofit organization;
(ii) a unit of local government;
(iii) a Tribal organization; or
(iv) an agricultural cooperative or other agricultural business entity or a producer network or association.”;
(4) in subsection (d)—
(A) in the subsection heading, by striking “pilot”;
(B) by striking “pilot” each place it appears in paragraphs (1) and (2);
(C) in paragraph (1)(A), by striking “Not later than 1 year after the date of enactment of this section, the Secretary shall establish a pilot program for not fewer than 5 years that” and inserting “The Secretary shall continue to implement a program that”;
(D) in paragraph (1)(C), in the matter preceding clause (i), by striking “2023” and inserting “2031”; and
(E) in paragraph (2)—
(i) in subparagraph (A), by inserting “and construct at-scale composting, food-to-feed, or anaerobic digestion food waste-to-energy projects” before the period at the end; and
(ii) in subparagraph (B)—
(I) in the subparagraph heading, by striking “PILOT”;
(II) in the matter preceding clause (i), by inserting “Tribal governments,” after “local governments,”;
(III) by redesignating clauses (vi) through (viii) as clauses (vii) through (ix), respectively; and
(IV) by inserting after clause (v) the following:
“(vi) develop food waste-to-energy operations;”; and
(5) in subsection (e), by striking “2023” and inserting “2031”.
Section 12203(c)(5) of the Agriculture Improvement Act of 2018 (7 U.S.C. 8914(c)(5)) is amended by striking “2023” and inserting “2031”.
(a) State and tribal plans.— Section 297B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by redesignating clauses (ii) through (vii) as clauses (iii) through (viii), respectively;
(II) by inserting after clause (i) the following:
“(ii) a procedure under which a hemp producer shall be required to designate the type of production of the hemp producer as—
(I) only industrial hemp; or
(II) hemp grown for any purpose other than industrial hemp;”;
(III) in clause (iii), as redesignated by clause (i) of this subparagraph—
(aa) by inserting “except as provided in subparagraph (B)(i),” before “a procedure”; and
(bb) by striking “delta-9 tetrahydrocannabinol concentration” and inserting “total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid)”; and
(IV) in clause (viii), as redesignated by clause (i) of this subparagraph, by striking “clauses (i) through (vi)” and inserting “clauses (i) through (vii)”; and
(ii) in subparagraph (B), by striking “include any other practice” and inserting the following:
“(i) notwithstanding subparagraph (A)(iii), a procedure for the use of visual inspections, performance-based sampling methodologies, certified seed, or a similar procedure when developing sampling plans for any producer who elects to be designated as a producer of only industrial hemp under subparagraph (A)(ii)(I);
(ii) notwithstanding subsection (e)(3)(B)(i), a procedure for eliminating the 10-year period of ineligibility following the date of conviction for a felony related to a controlled substance for producers who elect to be designated as producers of only industrial hemp under subparagraph (A)(ii); and
(iii) any other practice”; and
(B) by adding at the end the following:
“(4) Inspection of industrial hemp producers.—
(A) In general.— If a State or Tribal plan referred to in paragraph (1) includes procedures for reducing or eliminating sampling or testing requirements under paragraph (2)(B)(i) for a producer of industrial hemp, the State or Indian tribe shall require the producer to provide documentation that demonstrates a clear intent to produce, and use in-field practices consistent with production of, only industrial hemp, such as a seed tag, sales contract, Farm Service Agency report, harvest technique, or harvest inspection.
(B) Testing.— If a producer fails to provide the documentation required under subparagraph (A), the State or Indian tribe involved shall require the producer to conduct the testing described in paragraph (2)(A)(iii).”;
(2) in subsection (e)(2)(A)(iii), by striking “delta-9” and all that follows through “percent” and inserting the following: “total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant”; and
(3) in subsection (e)(3)—
(A) by amending subparagraph (A) to read as follows:
“(A) Reporting.—
(i) In general.— In the case of a State department of agriculture or a Tribal Government with respect to which a State or Tribal plan is approved under subsection (b), such State department of agriculture or Tribal Government (as applicable) shall immediately report a hemp producer to the Attorney General and, as applicable, the chief law enforcement officer of the State or Indian tribe, if the State department of agriculture or Tribal Government (as applicable) determines that the hemp producer has—
(I) violated the State or Tribal plan with a culpable mental state greater than negligence; or
(II) violated the State or Tribal plan by producing a crop that is inconsistent with the designation of only industrial hemp under subsection (a)(2)(A)(ii).
(ii) Exception.— Paragraph (1) shall not apply with respect to—
(I) a violation described in subclause (I) of clause (i); or
(II) the production of a crop inconsistent with its designation, as described in subclause (II) of such clause.”;
(B) in subparagraph (B), by amending clause (ii) to read as follows:
“(ii) Exception.— Clause (i) shall not apply to any person growing hemp that designates the type of production as only industrial hemp under subsection (a)(2)(A)(ii) if—
(I) the State or Tribal plan approved under subsection (b) includes a procedure described in subsection (a)(2)(B)(ii); or
(II) the plan established by the Secretary under section 297C includes a procedure described in subsection (a)(2)(B)(ii) of such section.”; and
(C) by adding at the end the following:
“(D) Production inconsistent with industrial hemp designation.— Any person who knowingly produces a crop that is inconsistent with the designation of only industrial hemp under subsection (a)(2)(A)(ii) shall be ineligible to participate in the program established under this section for a period of 5 years beginning on the date of the violation.”.
(b) Department of agriculture.— Section 297C of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639q) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) by striking “paragraph (1) shall” and all that follows through “practice to maintain” and inserting the following:
“(A) shall include—
(i) a practice to maintain”;
(ii) in subparagraph (C), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving the margins of such subclauses (as so redesignated) two ems to the right;
(iii) by redesignating subparagraphs (B) through (E) as clauses (iii) through (vi), respectively, and moving the margins of such clauses (as so redesignated) two ems to the right;
(iv) by inserting after clause (i) (as designated by clause (i) of this subparagraph) the following:
“(ii) a procedure under which the Secretary shall require a hemp producer to designate the type of production of the hemp producer as—
(I) only industrial hemp; or
(II) hemp grown for any purpose other than industrial hemp;”;
(v) in clause (iii) (as redesignated by clause (iii) of this subparagraph)—
(I) by inserting “except as provided in subparagraph (B)(i),” before “a procedure”; and
(II) by striking “delta-9 tetrahydrocannabinol concentration” and inserting “total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid)”;
(vi) in clause (v) (as redesignated by clause (iii) of this subparagraph), by inserting “and” after the semicolon at the end;
(vii) by striking subparagraph (F); and
(viii) by adding at the end the following:
“(B) may include—
(i) notwithstanding subparagraph (A)(iii), a procedure for the use of visual inspections, performance-based sampling methodologies, certified seed, or a similar procedure when developing sampling plans for any producer who elects to be designated as a producer of only industrial hemp under subparagraph (A)(ii);
(ii) notwithstanding section 297B(e)(3)(B)(i), a procedure for eliminating the 10-year period of ineligibility following the date of conviction for a felony related to a controlled substance for producers who elect to be designated as producers of only industrial hemp under subparagraph (A)(ii); and
(iii) such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subtitle.”; and
(B) by adding at the end the following:
“(3) Inspections of industrial hemp producers.—
(A) In general.— If a plan referred to in paragraph (1) includes procedures for reducing or eliminating sampling or testing requirements under paragraph (2)(B)(i) for a producer of only industrial hemp, the Secretary shall require the producer to provide documentation that demonstrates a clear intent to produce, and use in-field practices consistent with production of, industrial hemp, such as a seed tag, sales contract, Farm Service Agency report, harvest technique, or harvest inspection.
(B) Testing.— If a producer fails to provide the appropriate documentation required under subparagraph (A), the Secretary shall require the producer to conduct the testing described in paragraph (2)(A)(iii).”; and
(2) in subsection (d)(2)—
(A) in subparagraph (B), by striking “and” at the end;
(B) in subparagraph (C)—
(i) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively;
(ii) by inserting before clause (ii) (as so redesignated), the following:
“(i) the designation of the type of production of the hemp producers under section 297B(a)(2)(A)(ii) or under subsection (a)(2)(A)(ii) of this section;”; and
(iii) in clause (iii), (as so redesignated), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(D) the laboratory certificate of analysis for hemp disposed of under section 297B(a)(2)(A)(iv) or subsection (a)(2)(A)(iv) of this section.”.
(c) Regulations and guidelines; effect on other law.— Section 297D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639r) is amended—
(1) in the section heading, by striking “REGULATIONS AND GUIDELINES” and inserting “ADMINISTRATION, REGULATIONS, AND GUIDELINES”; and
(2) in subsection (a)—
(A) in the subsection heading, by striking “PROMULGATION OF REGULATIONS AND GUIDELINES” and inserting “ADMINISTRATION, REGULATIONS, AND GUIDELINES”; and
(B) by adding at the end the following:
“(3) Laboratory accreditation.— The Secretary, in consultation with the Administrator of the Drug Enforcement Administration, shall establish a process by which the Department of Agriculture can issue certificates of accreditation to laboratories for the purposes of testing hemp in accordance with this subtitle.”.
Subtitle A of the Plant Protection Act (7 U.S.C. 7711 et seq.) is amended by adding at the end the following:
“420A. Pilot program for the intra-organizational movement of genetically engineered microorganisms by certain authorized parties.—
(a) Definitions.— In this section:
(1) Covered microorganism.— The term covered microorganism—
(A) means a genetically engineered microorganism that is a plant pest or may pose a plant pest risk; and
(B) does not include listed agents or toxins (as defined in section 212(l) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(l))).
(2) Covered unauthorized release.— The term covered unauthorized release means an unauthorized release of a covered microorganism, including such a release that a responsible party suspects took place.
(3) Pilot program.— The term pilot program means the pilot program established under subsection (b).
(4) Plant pest risk.— The term plant pest risk has the meaning given such term in section 340.3 of title 7, Code of Federal Regulations (or successor regulations).
(5) Responsible party.— The term responsible party means a partnership, corporation, association, joint venture, or other legal entity that—
(A) has a physical address in the United States;
(B) is not owned by or otherwise affiliated with the government of a country of concern (as defined in section 10638 of the CHIPS Act of 2022 (42 U.S.C. 19237));
(C) has more than 1 responsible party biocontainment facility;
(D) employs quality control personnel that are capable of overseeing the movement and control of covered microorganisms;
(E) has, in each of the 3 years preceding enrollment in the pilot program, moved plant pests pursuant to permits granted by the Secretary under this Act;
(F) has the ability and resources to ensure compliance with the requirements under subsection (e) for the duration of the pilot program;
(G) has implemented the precautions specified in subsection (e) to prevent the unauthorized release of covered microorganisms; and
(H) has not, during the 5-year period preceding the date on which the relevant application is submitted under subsection (c)—
(i) caused an unauthorized release of a plant pest;
(ii) materially failed to comply with a permit granted by the Secretary for the interstate movement of plant pests; or
(iii) violated any provision of this section (including regulations promulgated thereunder).
(6) Responsible party biocontainment facility.— The term responsible party biocontainment facility—
(A) means a physical structure or portion thereof, constructed and maintained in order to contain plant pests, that is under the control of, or operated by, a responsible party within the contiguous United States; and
(B) includes sites under the control of, or operated by, any parent organization, subsidiary, or affiliate of the responsible party.
(b) Establishment.— Not later than 100 days after the date of enactment of this section, the Secretary shall establish a pilot program under which the Secretary shall authorize not more than 75 responsible parties—
(1) to move covered microorganisms in interstate commerce between responsible party biocontainment facilities without a permit; and
(2) to maintain control over and dispose of such covered microorganisms.
(c) Application.—
(1) In general.— The Secretary shall accept applications from responsible parties for enrollment in the pilot program during a 45-day application period, beginning on the date on which the pilot program is established under subsection (b), using a web-based application process established by the Secretary.
(2) Contents.— An application submitted by a responsible party for enrollment in the pilot program shall include the following:
(A) The name and contact information of the responsible party and any agent of the responsible party that will be involved in the movement of a covered microorganism.
(B) The methods by which a covered microorganism will be moved and the measures taken to ensure that there is no unauthorized release of the covered microorganism.
(C) The manner in which a shipping container, packaging material, or any other material accompanying the covered microorganism will be disposed of to prevent the unauthorized release of a covered microorganism.
(D) A list of responsible party biocontainment facilities to which the responsible party intends to move covered microorganisms.
(E) A list of the predominant covered microorganism chassis strains that, at the time of the application, the responsible party intends to move.
(F) A sworn certification that the responsible party meets each criterion specified in subsection (a)(5).
(3) Supplemental applications.—
(A) In general.— A responsible party may submit a supplemental application to the Secretary to update a list under subparagraph (D) or (E) of paragraph (2) at any time during such enrollment. The Secretary shall make a determination with respect to such supplemental application not later than 30 days after the date on which such supplemental application is submitted to the Secretary.
(B) Denials.— The Secretary may only deny a supplemental application if the Secretary has made the determination set forth in subsection (d)(2)(B). A denial of a supplemental application shall be subject to appeal in accordance with the terms specified in subsection (d)(3).
(d) Selection process.—
(1) Timing.— The Secretary shall—
(A) evaluate applications received under subsection (c)(1) in the order in which the applications are received; and
(B) approve or deny all applications received during the period described in that subsection not later than 45 days after the end of that period.
(2) Denial.— The Secretary shall deny an application received under subsection (c)(1) if—
(A) the Secretary has already selected 75 responsible parties for enrollment in the pilot program; or
(B) the Secretary determines that the responsible party submitting the application does not meet each criterion specified in subsection (a)(5).
(3) Appeal.—
(A) In general.— A responsible party seeking to enroll in the pilot program whose application has been denied under paragraph (2) may submit to the Secretary a written appeal within—
(i) the 10-day period beginning on the date on which the responsible party receives written notification of the denial; or
(ii) a longer period, if the responsible party makes a request for additional time to submit such appeal and the Secretary grants such request.
(B) Decision.— The Secretary shall, within a reasonably prompt period, grant or deny an appeal under subparagraph (A) in writing, which shall include the reasons for the decision.
(e) Requirements.— A responsible party shall, as a condition of enrollment in the pilot program, agree to—
(1) maintain, move, and dispose of covered microorganisms in a manner that prevents unauthorized release, spread, dispersal, or persistence of those covered microorganisms in the environment;
(2) unless otherwise authorized under a permit under this Act, only move a covered microorganism between sites that are responsible party biocontainment facilities;
(3) maintain, move, and dispose of each covered microorganism separately from other organisms;
(4) ensure that each covered microorganism is maintained, moved, and disposed of in a manner commensurate with the plant pest risk posed by that covered microorganism;
(5) use, at a minimum, a package for movement—
(A) that consists of a securely sealed inner and outer container, each of which is an effective barrier to the escape or unauthorized dissemination of the covered microorganism;
(B) the inner container of which—
(i) contains all of the applicable covered microorganism; and
(ii) is cushioned and sealed in such a manner as to remain sealed during any shock, impact, or change in pressure; and
(C) the outer container of which is rigid and strong enough to withstand typical shipping conditions (such as dropping, stacking, and impact from other freight) without opening;
(6) on request, grant the Secretary access—
(A) to sample materials associated with the interstate movement of covered microorganisms under the pilot program;
(B) to observe and inspect the interstate movement of those covered microorganisms; and
(C) to audit records of the activities of the responsible party under the pilot program;
(7) maintain detailed and accurate records of all activities carried out under the pilot program to demonstrate compliance with the applicable requirements;
(8) on request, grant the Secretary access to each responsible party biocontainment facility for inspection in relation to a responsible party’s enrollment in the pilot program; and
(9) comply with any additional requirement for the containment of covered microorganisms in interstate commerce that the Secretary may require if—
(A) the Secretary determines that such an additional requirement is reasonable; and
(B) the sole purpose of such additional requirement is to avoid a covered unauthorized release.
(f) Prohibition on certain preferences.— In carrying out the pilot program, the Secretary shall take no action or promulgate any regulation that—
(1) treats genetically engineered covered microorganisms less favorably than nongenetically engineered covered microorganisms; or
(2) limits the quantity or type of covered microorganisms that may be moved under the pilot program between responsible party biocontainment facilities.
(g) Reporting by responsible parties.— A responsible party shall submit to the Secretary a quarterly report that describes the activities of the responsible party under the pilot program during the period covered by the report, including—
(1) a description of each covered microorganism moved in interstate commerce, including—
(A) the 1 or more countries or localities at which the covered microorganism was collected, developed, manufactured, reared, cultivated, or cultured, as applicable;
(B) the genus, species, and any relevant subspecies and common name information of the covered microorganism; and
(C) when applicable, a brief description of the genetic modifications made in the microorganism, including—
(i) the intended phenotype that the 1 or more modifications are expected to confer;
(ii) any targeted deletions, insertions, or base pair substitutions; and
(iii) the genetic elements used in imparting the modification, including the name, donor organism, and a brief description of the function;
(2) each method by which the covered microorganism was moved in interstate commerce;
(3) the quantity of the covered microorganism moved in interstate commerce; and
(4) the specific responsible party biocontainment facilities between which the covered microorganism was moved in interstate commerce.
(h) Unauthorized release.— In the case of a covered unauthorized release, a responsible party shall—
(1) contact the applicable office within the Animal and Plant Health Inspection Service within 48 hours of discovery of the covered unauthorized release; and
(2) submit to the Secretary a statement of facts pertaining to such release, in writing, not later than 5 business days after the date of that discovery.
(i) Disenrollment from pilot program.—
(1) In general.— The Secretary shall terminate the enrollment of a responsible party in the pilot program if the Secretary has a sound factual basis to determine that—
(A) the responsible party no longer meets the eligibility criteria of a responsible party described in subsection (a)(5);
(B) the responsible party has materially failed to comply with the requirements under subsection (e); or
(C) as a result of a failure by a responsible party under subparagraph (B), the responsible party caused a covered unauthorized release during the pilot program.
(2) Disenrollment decision.— If the Secretary terminates the enrollment of a responsible party under paragraph (1), the Secretary shall submit that decision in writing to the responsible party.
(3) Appeal.— The appeal process described in subsection (d)(3) shall apply in the case of a responsible party that seeks to appeal a termination of enrollment under paragraph (1).
(j) Termination.— The pilot program shall terminate on the date that is 3 years after the date on which the Secretary completes the application selection process under subsection (d)(1)(B).
(k) Report.— Not later than 6 months after the date of termination of the pilot program described in subsection (j), the Secretary shall submit to Congress a report that describes—
(1) the activities carried out under the pilot program, including—
(A) the quantities and identities of covered microorganisms that were moved; and
(B) a description of any unauthorized release of covered microorganisms that were moved, including a description of the cause and consequence of any unauthorized release; and
(2) recommendations on—
(A) whether the pilot program should become a permanent program; and
(B) whether, as a permanent program, changes should be made to the criteria for a responsible party under subsection (a)(5) or to the requirements under subsection (e).”.
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e–1(a)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended—
(1) by inserting “mandarin oranges,” after “oranges,”;
(2) by inserting “almonds,” after “onions,”; and
(3) by striking “, other than dates for processing,” each place it appears.
Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c) is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (5) through (13) as paragraphs (6) through (14), respectively; and
(B) by inserting after paragraph (4) the following:
“(5) Food hub.— The term food hub means a business or organization that actively manages the aggregation, distribution, and marketing of source-identified food products to multiple buyers from multiple producers, who are primarily local and regional producers, to strengthen the ability of such producers to satisfy local and regional wholesale, retail, and institutional demands.”;
(2) in subsection (b)(4), by inserting “, regional food chain coordination,” after “collaboration”;
(3) in subsection (c)(4), by striking “stakeholders” and inserting “stakeholders before and after providing grants under the program”;
(4) in subsection (d)—
(A) in paragraph (1), by striking “2023” and inserting “2031”;
(B) in paragraph (2)—
(i) in subparagraph (I), by striking “or”;
(ii) in subparagraph (J)(ii), by striking the period at the end and inserting “; or”; and
(iii) by inserting at the end the following:
“(K) to support the purchase of special purpose equipment.”; and
(C) in paragraph (6)—
(i) in subparagraph (B)—
(I) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and
(II) by inserting after clause (vi) the following:
“(vii) a food hub;”;
(ii) in subparagraph (C)—
(I) in the matter preceding clause (i), by striking “applications that” and inserting “applications, outreach, and technical assistance that would”;
(II) in clause (i), by striking “or” at the end;
(III) by redesignating clause (ii) as clause (iii);
(IV) by inserting after clause (i) the following:
“(ii) provide greater geographic balance relative to the benefits of the Program; or”; and
(V) in clause (iii) (as so redesignated), by striking “are used” and inserting “be used”;
(iii) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
(iv) by inserting after subparagraph (C) the following:
“(D) Simplified applications.—
(i) In general.— The Secretary shall establish a simplified application form for eligible entities described in subparagraph (B) that—
(I) request less than $100,000; and
(II) choose from the project categories described in clause (ii), which shall include a specific, limited set of key activities with predefined requirements established by the Secretary.
(ii) Project categories.— The Secretary shall establish a simplified application form for the following project categories but may include additional project categories as necessary:
(I) Direct-to-consumer projects.— In the case of a direct-to-consumer project, an application form described in clause (i) may be available for the following categories of projects:
(aa) An outreach and promotion project.
(bb) A project to provide funding for farmers market manager staff time.
(cc) A project to provide vendor training.
(dd) A planning and design project.
(ee) A data collection and evaluation project.
(II) Local and regional food markets and enterprise projects.— In the case of a local and regional food market and enterprise project, an application form described in clause (i) may be available for the following categories of projects:
(aa) A food hub feasibility study project.
(bb) A project to provide funding for regional food chain coordination staff time.
(cc) A project to provide technical assistance.
(dd) A data collection and evaluation project.
(ee) A project to support the purchase of special purpose equipment.”;
(5) in subsection (e)(2)(A), by striking “2019 through 2023” and all that follows through the period at the end and inserting the following:
“(i) to plan a local or regional food system;
(ii) to implement a local or regional food system plan;
(iii) to develop and implement a regional food chain coordination project; and
(iv) to develop and implement a regional outreach, technical assistance, and evaluation project.”;
(6) in subsection (f)(1)—
(A) in subparagraph (A), by striking “subsection (d); or” and inserting “subsection (d)(5);”;
(B) by redesignating subparagraph (B) as subparagraph (C); and
(C) by inserting after subparagraph (A) the following:
“(B) are eligible to submit an application in accordance with subsection (d)(6)(D); or”; and
(7) in subsection (i)(3)(B)—
(A) by striking “Of the funds” and inserting the following:
“(i) In general.— Of the funds”; and
(B) by adding at the end the following:
“(ii) Simplified applications.— Of the funds made available for grants under subsection (d)(6) for a fiscal year, not less than 10 percent, and not more than 50 percent, shall be used to provide grants to eligible entities that submit an application in accordance with subsection (d)(6)(D).”.
Section 12306 of the Agricultural Act of 2014 (7 U.S.C. 1632c) is amended—
(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
(2) by inserting after subsection (d) the following:
“(e) Consultations.—
(1) In general.— Beginning with the first request for applications under this section that occurs at least 1 year after the date of enactment of this Act, not later than 6 months before such a request for applications, the Secretary shall solicit input from maple syrup industry stakeholders with respect to the research and education priorities of the maple syrup industry.
(2) Consideration.— The Secretary shall consider the information provided through the consultation required under paragraph (1) when making grants under this section.”; and
(3) in subsection (g), as so redesignated, by striking “2023” and inserting “2031, to remain available until expended”.
Section 7407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c) is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking “and” at the end;
(B) in paragraph (3), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(4) collect and publish cost-of-production data for organic milk, through support from regional and national programs, including regularly reported data related to—
(A) the costs of major organic feedstuffs, including—
(i) the prices for major organic feedstuffs produced domestically;
(ii) the prices for imported major organic feedstuffs; and
(iii) all other costs relating to the production of organic milk;
(B) the establishment of an Organic All Milk Prices Survey, which shall be analogous to the existing All Milk Prices Survey conducted by the National Agricultural Statistics Service, to gather and report monthly data about the amounts organic dairy farmers are being paid for organic milk and prices received for organic dairy cows, including—
(i) national data; and
(ii) data relating to, at a minimum, the 6 regions with the greatest quantity of organic dairy production; and
(C) periodic organic milk reporting under which the Secretary, using data collected by the National Agricultural Statistics Service, the Economic Research Service, or the Agricultural Marketing Service, publishes new periodic reports that include, or add to existing periodic reports relating to, data for organic milk, which shall be equivalent to data reported for conventionally produced milk.”; and
(2) in subsection (d)(2), by striking “2023” and inserting “2031”.
(a) Reports.— Section 2122(d)(1) of the Organic Foods Production Act of 1990 (7 U.S.C. 6521(d)(1)) is amended by striking “2023” and inserting “2031”.
(b) Organic technical assistance.— The Organic Foods Production Act of 1990 is amended by inserting after section 2122A (7 U.S.C. 6521a) the following:
“2122B. Organic technical assistance.—
(a) In general.— In carrying out this title, the Secretary may provide technical assistance, outreach, and education to support organic production through existing programs implemented by a covered agency.
(b) Covered agency.— For the purposes of this section, the term covered agency means—
(1) the Agricultural Marketing Service;
(2) the Agricultural Research Service;
(3) the National Institute of Food and Agriculture;
(4) the Farm Service Agency;
(5) the Risk Management Agency;
(6) the Natural Resources Conservation Service;
(7) the Rural Business-Cooperative Service;
(8) the Food and Nutrition Service; and
(9) other agencies, as determined by the Secretary.”.
(c) Funding.— Section 2123(b)(6) of the Organic Foods Production Act of 1990 (7 U.S.C. 6522(b)(6)) is amended by striking “for fiscal year 2023” and inserting “for each of fiscal years 2023 through 2031”.
Not later than 1 year after the date of the enactment of the Farm, Food, and National Security Act of 2026, 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 that examines—
(1) the process by which domestic commodities or products (as defined in section 220.16 of title 7, Code of Federal Regulations (or any successor regulation)) are procured by the Secretary, including the solicitation process used to procure such commodities or products;
(2) barriers to entry into such procurement process that are for nontraditional, culturally relevant, or local and regional commodities or products;
(3) the diet quality and accessibility of commodities or products that are so procured; and
(4) the Secretary’s recommendations for administrative, regulatory, and legislative changes to improve such procurement process.
Section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502) is amended—
(1) by redesignating paragraphs (20) through (22) as paragraphs (22) through (24), respectively;
(2) by redesignating paragraphs (16) through (19) as paragraphs (17) through (20), respectively;
(3) by inserting after paragraph (15) the following:
“(16) Oversight protocols.— The term oversight protocols means the regulations, policies, and procedures issued by the Secretary under the authorities provided in sections 2104, 2107, 2114, 2115, 2116, and 2120.”; and
(4) by inserting after paragraph (20), as so redesignated, the following:
“(21) Risk to organic integrity.— The term risk to organic integrity means the likelihood that a product marketed as organically produced is, or contains, an agricultural product that was not produced using a system of organic farming in compliance with this title, not processed in compliance with this title, or both.”.
Paragraph (5) of section 2107(a) of the Organic Foods Production Act of 1990 (7 U.S.C. 6506(a)) is amended to read as follows:
“(5) provide for annual inspections by the certifying agent of each farm and handling operation that has been certified under this title, which inspections shall be—
(A) in the case of a farm or handling operation site located outside of the United States, conducted on-site;
(B) in the case of a farm or handling operation site located in the United States, conducted on-site once every three years with intervening annual inspections being conducted on-site or virtually based on the farm’s or handling operation’s risk to organic integrity, as determined by the Secretary; and
(C) in the case of a handling operation that acquires but does not physically receive, process, package, or store organic products, conducted through inspection methods, including virtual methods, that provide sufficient assurance of compliance, as determined by the Secretary;”.
The Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.), as amended by section 10105, is further amended by inserting after section 2122B (as added by such section 10105) the following:
“2122C. Study and reform of National Organic Program oversight protocols.—
(a) Study.— Not later than 12 months after the date of enactment of this section, the Secretary shall conduct a comprehensive study for the purpose of determining whether the establishment of oversight protocols based on risk to organic integrity and the implementation of related reforms are necessary and appropriate.
(b) Elements.—
(1) In general.— In conducting the study under subsection (a), the Secretary shall examine the feasibility, opportunities, and implications of implementing oversight protocols that—
(A) are based on risk to organic integrity;
(B) include differential treatment of non-compliance that increases the risk to organic integrity versus non-compliance that does not;
(C) adopt standardized organic plans under section 2114 aligned with the risk to organic integrity;
(D) include a multi-tiered approach to certification aligned with the risk to organic integrity and the scale of the organic operation; and
(E) provide increased guidance and interpretations of standards and criteria established under this title given by the National Organic Program to certifying agents and to certified organic farms and handling operations.
(2) Consideration of relevant factors.— In administering paragraph (1), the Secretary shall, with respect to certified organic farms, certified organic handling operations, and certifying agents, take into account—
(A) the scope of certification or accreditation of each entity;
(B) the scale and complexity of each entity;
(C) the domestic or international location of each entity;
(D) the history of compliance of each entity; and
(E) other relevant factors.
(c) Report.— Not later than 18 months after the date of enactment of this section, the Secretary shall submit to the appropriate congressional committees, and make publicly available on the websites of the Department of Agriculture, a report describing the findings of the study conducted under subsection (a).
(d) Consultation.— In conducting the study under subsection (a), the Secretary shall consult with—
(1) the National Organic Standards Board;
(2) certifying agents;
(3) certified organic farms and handling operations;
(4) organic consumers; and
(5) other relevant organic stakeholders.
(e) Authority to establish additional terms and conditions.—
(1) Issuance of regulations.— Based on the findings described in the report under subsection (c), and after consultation with the appropriate congressional committees, the Secretary may issue regulations to establish or modify oversight protocols under this title that the Secretary determines are necessary and appropriate, provided such regulations maintain strong organic integrity, support a resilient domestic organic sector, and are consistent with the requirements of this title.
(2) Reducing oversight costs; prioritization.— In issuing the regulations under paragraph (1), the Secretary may seek to—
(A) reduce oversight costs and administrative burdens for certified organic farms, certified organic handling operations, and certifying agents that present a lower risk to organic integrity; or
(B) prioritize oversight resources for activities that present a higher risk to organic integrity.
(f) Appropriate congressional committees defined.— In this section, the term appropriate congressional committees means—
(1) the Committee on Agriculture of the House of Representatives; and
(2) the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(g) Rule of construction.— Nothing in this section shall be construed to limit the Secretary’s authority to enforce compliance with this title to protect organic integrity.”.
(a) Definitions.— Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended—
(1) by amending subsection (v) to read as follows:
“(v) Plant regulator.—
(1) In general.— The term plant regulator means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof.
(2) Exclusions.— Such term shall not include—
(A) substances to the extent that they are—
(i) intended to be produced and used within a plant; or
(ii) intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, soil amendments, or vitamin hormone products; or
(B) plant biostimulants that—
(i) have a low-risk profile in relation to humans and other organisms, as determined by the Agency; and
(ii) are of biological origin or include chemical compounds that are synthetically derived, but structurally-similar and functionally identical to, substances of biological origin.”;
(2) in subsection (hh)—
(A) in paragraph (2), by striking “or”;
(B) in paragraph (3)—
(i) in the matter preceding subparagraph (A), by striking “substances.” and inserting “substances”; and
(ii) in subparagraph (B)—
(I) by striking “volatilization urease” and inserting “volatilization, or urease”;
(II) by striking the period at the end and inserting a semicolon; and
(C) by inserting after paragraph (3) the following:
“(4) a plant biostimulant; or
(5) a nutritional chemical.”; and
(3) by adding at the end the following:
“(pp) Plant biostimulant.— The term plant biostimulant means any substance or mixture of substances that, when applied to seeds, plants, the rhizosphere, or soil or other growth media, acts to support a plant’s natural nutrition processes independently of the nutrient content of that substance or mixture of substances, and that thereby improves—
(1) nutrient availability, uptake, or use efficiency;
(2) tolerance to abiotic stress; or
(3) consequent growth, development, quality, or yield.
(qq) Nutritional chemical.— The term nutritional chemical means any substance or mixture of substances that interacts with plant nutrients in a manner that improves nutrient availability or aids the plant in acquiring or utilizing plant nutrients.
(rr) Vitamin hormone product.— The term vitamin hormone product means a product that—
(1) consists of a mixture of plant hormones, plant nutrients, plant inoculants, soil amendments, trace elements, nutritional chemicals, plant biostimulants, or vitamins that is intended for the improvement, maintenance, survival, health, and propagation of plants;
(2) is nontoxic and nonpoisonous in the undiluted packaged concentrations of the product; and
(3) is not intended for use on food crop sites and is labeled accordingly.
(ss) Plant-incorporated protectant.—
(1) In general.— The term plant-incorporated protectant means a pesticide that is—
(A) intended for preventing, destroying, repelling, or mitigating a pest; and
(B) a substance or mixture of substances intended to be produced and used within a living plant, or in the produce thereof, and the genetic material necessary for its production.
(2) Inclusions.— Such term includes any inert ingredient (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)).”.
(b) Exemption from regulation.— Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(b)) is amended to read as follows:
“(b) Exemption of pesticides.—
(1) Exemption by rule.— The Administrator may exempt from the requirements of this Act by regulation any pesticide which the Administrator determines either—
(A) to be adequately regulated by another Federal agency; or
(B) to be of a character which is unnecessary to be subject to this Act in order to carry out the purposes of this Act.
(2) Exemption for certain plant-incorporated protectants.—
(A) Exemption.—
(i) In general.— Upon the issuance of guidance as described in subparagraph (B), plant-incorporated protectants resulting from endogenous genetic material found within or that could arise from the plant’s gene pool are exempt from the requirements of this Act.
(ii) Exception.— A specific plant-incorporated protectant arising from endogenous genetic material found within or that could arise from the plant’s gene pool shall not be exempt from the requirements of this Act if the Administrator determines that such plant-incorporated protectant is of a character which is necessary to be subject to this Act in order to carry out the purposes of this Act.
(B) Guidance.— Not later than 1 year after the date of the enactment of the Farm, Food, and National Security Act of 2026, the Administrator shall issue guidance for the implementation of subparagraph (A). The Administrator may update such guidance, as the Administrator determines to be appropriate.
(C) Order.—
(i) In general.— If the Administrator makes a determination described in subparagraph (A)(ii) with respect to a plant-incorporated protectant, the Administrator shall issue an order explaining the basis for such determination, which may be issued directly to any person who owns, controls, or has custody of such plant-incorporated protectant or published in the Federal Register.
(ii) Effect of order.— After receipt or publication of an order described in clause (i), the plant-incorporated protectant described in the order will no longer be exempt from the requirements of this Act.
(D) Tolerance exemption.— The residue of a plant-incorporated protectant that is exempt under subparagraph (A)(i) shall be exempt from the requirement for a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) unless, and until such time as, the Administrator issues or publishes an order under subparagraph (C)(i).”.
(c) Conforming amendments.— Section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o(c)) is amended—
(1) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by striking “(as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation))”;
(B) in subparagraph (B), by striking “or” at the end;
(C) in subparagraph (C), by striking the period at the end and inserting “; or”; and
(D) by adding at the end the following:
“(D) that plant-incorporated protectant is exempt under section 25(b)(2) or part 174 of title 40, Code of Federal Regulations (or any successor regulation).”; and
(2) in paragraph (3)(A), by striking “(as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation))”.
Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a) is amended by adding at the end the following:
“(i) Coordination.—
(1) Risk mitigation measures.— If any risk mitigation measures are required for any pesticide registered under this Act, the Administrator shall—
(A) develop such measures in coordination with the Secretary of Agriculture; and
(B) conduct, and publish in the docket, with the corresponding action, an economic analysis determining the cost of implementation of such measures.
(2) Data and information.—
(A) Coordination of data and information.— With regard to the registration or registration review of a pesticide under this Act and for making a determination under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) with respect to any action that impacts the sale, distribution, or use of a pesticide, the Administrator shall coordinate with the Secretary of Agriculture, acting through the Director of the Office of Pest Management Policy, so that the Administrator has for the Administrator’s use and consideration for such processes—
(i) agronomic use data from—
(I) the Department of Agriculture; and
(II) industry; and
(ii) any information relating to the availability and economic viability of alternatives to such pesticide.
(B) Data and information.— When issuing any decision resulting from the processes referred to in subparagraph (A), the Administrator shall publish—
(i) a description of the use by the Administrator of any data or information provided by the Secretary of Agriculture under subparagraph (A); and
(ii) the determination of the Administrator on whether to use such data or information, including, as applicable, the reasons that the data or information was not used.
(3) Reasonable and prudent actions and measures.— For implementation of reasonable and prudent actions and measures with respect to the use of a pesticide registered under this Act, the Administrator shall coordinate with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Commerce—
(A) to review the development of any such actions and measures that are a result of consultations relating to actions under this Act;
(B) to fully consider the risks and benefits of any such actions and measures in a manner consistent with practices established to evaluate the risks and benefits of a pesticide registered under this Act; and
(C) to provide feedback to the Secretary of the Interior and the Secretary of Commerce on decisions relating to any such actions and measures that may affect end users of a pesticide registered under this Act.
(4) Waiver.— The coordination requirements imposed by this subsection may be waived or modified for a specific action to the extent agreed upon by the Administrator, the Secretary of Agriculture, and the registrant so long as such agreement is published by the Administrator in the docket for the corresponding action.”.
Section 3(c)(11) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(11)) is amended—
(1) in subparagraph (B)—
(A) by striking “The Administrator shall” and inserting the following:
“(i) In general.— The Administrator shall”; and
(B) by adding at the end the following:
“(ii) Participation.— The Secretary of Agriculture shall include the Director of the Office of Pest Management Policy in all meetings of the interagency working group.”;
(2) in subparagraph (D)—
(A) in clause (iv)—
(i) by striking “every 180 days thereafter” and inserting “each year thereafter”; and
(ii) by striking “during the 5-year period beginning on that date”; and
(B) by adding at the end the following:
“(v) Availability.— All reports required under this subparagraph shall be published on the website of the Environmental Protection Agency.”; and
(3) by amending subparagraph (E) to read as follows:
“(E) Consultation.—
(i) Working group with private sector.— In carrying out the duties under this paragraph, the working group shall, as appropriate—
(I) consult, including through public meetings, with representatives of interested industry stakeholders and nongovernmental organizations not less than once every year; and
(II) take into consideration factors, such as actual and potential differences in interest between, and the views of, those stakeholders and organizations.
(ii) Administrator with working group.— Before the Administrator implements any policy, strategy, workplan, or pilot program regarding the application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to the processes for the registration or registration review of a pesticide under this Act, the Administrator shall—
(I) consult with the covered agencies on the policy, strategy, workplan, or pilot program and take into consideration input received; and
(II) publish the input received from the covered agencies in the docket with the corresponding policy, strategy, workplan, or pilot program.”.
(a) Extension of deadline.— Section 3(g)(1)(A)(iii) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(g)(1)(A)(iii)) is amended—
(1) in the matter preceding subclause (I), by striking “the registration review of” and inserting “the interim registration review decision of”; and
(2) in subclause (I), by striking “2022” and inserting “2031”.
(b) Interim Registration Review Decision Requirements.— Section 3(g)(1)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(g)(1)(A)) is amended by adding at the end the following:
“(vi) Interim Registration Review Decision Requirements.—
(I) Requirements.— Any covered interim registration review decision shall include, where applicable, measures to reduce the effects of the applicable pesticide on—
(aa) species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(bb) any designated critical habitat.
(II) Consultation.— In developing measures described in subclause (I), the Administrator shall take into account the input received from the Secretary of Agriculture and other members of the interagency working group established under subsection (c)(11).
(III) Covered interim registration review decision.— In this subsection, the term covered interim registration review decision means an interim registration review decision—
(aa) that is associated with an initial registration review described in clause (iii);
(bb) that is noticed in the Federal Register during the period beginning on the date of enactment of this clause and ending on October 1, 2031; and
(cc) for which the Administrator has not, as of the date on which the decision is noticed in the Federal Register, made effects determinations or completed any necessary consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)).”.
(c) Conforming repeal.— Section 711 of the Pesticide Registration Improvement Act of 2022 (title VI of division HH of Public Law 117–328) is repealed.
Section 10109(b) of the Agriculture Improvement Act of 2018 (Public Law 115–334; 132 Stat. 4906) is amended to read as follows:
“(b) Administration.—
(1) Submission.— The Secretary shall submit to the Administrator of the Environmental Protection Agency, and make publicly available, the survey described in subsection (a).
(2) Commercial data.— The Secretary, acting through the Director of the Office of Pest Management Policy, shall obtain commercial data on pesticide use to inform the conduct of, and enhance the results of, the survey described in subsection (a).
(3) Rulemaking procedure.— The administration of this section shall be made without regard to chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act).”.
(a) In general.— Subject to subsection (b), no court may enjoin under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) a covered entity from conducting an aerial application of a covered fire retardant and water enhancer for wildfire suppression, control, or prevention activities that results in a discharge, if such aerial application is conducted in accordance with the requirements of the Federal Facility Compliance Agreement between the Environmental Protection Agency and the U.S. Forest Service, as agreed to on February 16, 2023.
(b) Period of application.— Subsection (a) shall apply to any aerial application described in such subsection that is conducted before the effective date of a permit issued by the Administrator of the Environmental Protection Agency or a State, as applicable, under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) that authorizes the discharge, from such aerial application, of a covered fire retardant and water enhancer for wildfire suppression, control, or prevention activities.
(c) Effect.— Nothing in this section affects the authority of any court under the Federal Water Pollution Control Act with respect to any discharge resulting from an aerial application not conducted in accordance with the requirements described in subsection (a).
(d) Definitions.— In this section:
(1) Covered entity.— The term covered entity means—
(A) any Federal agency, agency of a State or political subdivision thereof, or Tribal agency authorized by law to conduct an aerial application of fire retardants and water enhancers for wildfire suppression, control, or prevention activities; and
(B) any contractor, subcontractor, or other agent of an agency described in subparagraph (A).
(2) Covered fire retardant and water enhancer.— The term covered fire retardant and water enhancer means a fire retardant and water enhancer that—
(A) has been evaluated, qualified, and approved by the Secretary; and
(B) appears on the most current Forest Service Qualified Products List.
(3) Discharge; state.— The terms discharge and State have the meanings given those terms in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
(e) Sunset.— This section shall cease to be effective on the date that is 5 years after the date of enactment of this section.
Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912 et seq.) is amended by inserting after section 220 (7 U.S.C. 6920) the following:
“220A. Office of Biotechnology Policy.—
(a) In general.— The Secretary shall establish in the Department an Office of Biotechnology Policy to provide for the effective coordination of policies and activities within the Department of Agriculture related to biotechnology, biomanufacturing, synthetic biology, and related emerging technologies, while taking into account the effects of regulatory actions of other government agencies.
(b) Director.— The Office of Biotechnology Policy shall be under the direction of a Director appointed by the Secretary, who shall report directly to the Secretary or a designee of the Secretary.
(c) Duties.— The Director of the Office of Biotechnology Policy shall—
(1) develop and coordinate Department policy on biotechnology and related topics;
(2) coordinate activities and services of the Department on biotechnology and related topics, including—
(A) research and development;
(B) extension and education;
(C) communication;
(D) regulation and labeling; and
(E) commercialization, use, and trade;
(3) assist other offices and agencies of the Department in fulfilling their responsibilities related to biotechnology under applicable Federal law; and
(4) perform such other functions as may be required under Federal law or prescribed by the Secretary.
(d) Interagency coordination.— In carrying out the duties under subsection (c), the Director of the Office of Biotechnology Policy shall provide leadership to ensure coordination of interagency activities with the Environmental Protection Agency, the Food and Drug Administration, and other Federal and State agencies.
(e) Outreach.— The Director of the Office of Biotechnology Policy shall consult with biotechnology developers, academics, agricultural producers, and other entities that may be affected by biotechnology-related activities or actions of the Department or other Federal and State agencies as necessary in carrying out the Office’s responsibilities under this section.
(f) Authorization of appropriations.— There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2027 through 2031.”.