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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3652 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 3652

            To provide for the study and promotion of hemp.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2019

 Ms. Gabbard introduced the following bill; which was referred to the 
    Committee on Agriculture, and in addition to the Committees on 
    Education and Labor, Small Business, Armed Services, Energy and 
Commerce, Financial Services, and Veterans' Affairs, 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 provide for the study and promotion of hemp.

    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 ``Hemp for Victory Act of 2019''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Hemp defined.
Sec. 4. Studies and reports by the Secretary of Agriculture.
Sec. 5. Department of Health and Human Services.
Sec. 6. Small Business Administration.
Sec. 7. Department of Defense.
Sec. 8. Department of Labor.
Sec. 9. Environmental Protection Agency.
Sec. 10. Department of Housing and Urban Development.
Sec. 11. Department of Veterans Affairs research on safety and efficacy 
                            of hemp extracts and isolates for veterans 
                            with certain medical conditions.

SEC. 3. HEMP DEFINED.

    In this Act, the term ``hemp'' has the meaning given such term in 
section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1639o).

SEC. 4. STUDIES AND REPORTS BY THE SECRETARY OF AGRICULTURE.

    (a) Competitive Land-Grant College or University Research and 
Development.--
            (1) In general.--The Secretary, acting through the Director 
        of the National Institute of Food and Agriculture, shall carry 
        out a grant program under which the Secretary shall make grants 
        to land-grant colleges or universities (as defined in section 
        1404 of the National Agricultural Research, Extension, and 
        Teaching Policy Act of 1977 (7 U.S.C. 3103)) to conduct 
        research on establishing hemp as a domestic agricultural 
        commodity.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, and annually thereafter, the Secretary, 
        acting through the Director of the National Institute of Food 
        and Agriculture, shall--
                    (A) submit a report to Congress that includes--
                            (i) the grants awarded under paragraph (1) 
                        in the prior year; and
                            (ii) the results of the research conducted 
                        pursuant to such grants; and
                    (B) make such report publicly available on the 
                website of the Department.
    (b) Study and Report on Nutritional Benefits of Food, Drink, and 
Supplements Produced From Hemp.--
            (1) Study.--The Secretary, acting through the Administrator 
        of the Food and Nutrition Service, shall conduct a study on the 
        foods, drinks, and supplements produced from hemp-based or 
        hemp-blended products, including--
                    (A) the nutritional value of such foods, drinks, 
                and supplements; and
                    (B) the nutritional benefits derived from such 
                foods, drinks, and supplements, including digestible 
                protein, essential fatty acid, and allergen content.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall submit a report to 
        Congress that includes the results of the study conducted under 
        paragraph (1) and make such report publicly available on the 
        website of the Department.
    (c) Study and Report on Use of Food, Drink, and Supplements 
Produced From Industrial Hemp in Certain Public School Meal Programs.--
            (1) Study.--The Secretary, in coordination with the 
        Secretary of Education, shall conduct a study on the foods, 
        drinks, and supplements produced from hemp, including--
                    (A) the nutritional value of such foods, drinks, 
                and supplements; and
                    (B) the potential to use such foods, drinks, and 
                supplements as low-cost healthy alternatives to other 
                foods, drinks, and supplements served under the free or 
                reduced price school lunch program under the Richard B. 
                Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.) and the free or reduced price school breakfasts 
                under the Child Nutrition Act of 1966 (42 U.S.C. 1771 
                et seq.).
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall submit a report to 
        Congress that includes the results of the study conducted under 
        paragraph (1) and make such report publicly available on the 
        website of the Department.
    (d) Reports on Potential Use of Hemp-Based Products.--
            (1) Initial report.--Not later than 1 year after the date 
        of the enactment of this Act, the Secretary, in consultation 
        with the heads of other executive agencies (as defined in 
        section 102 of title 31, United States Code), including the 
        Administrator of the Environmental Protection Agency and the 
        Secretary of Defense, shall--
                    (A) determine which items procured by the Federal 
                Government, or items used by contractors or 
                subcontractors at any tier, can be substituted for a 
                hemp-based product; and
                    (B) submit to Congress a report containing a list 
                of such items.
            (2) Cost-benefit analysis report.--
                    (A) In general.--Not later than 180 days after the 
                report under paragraph (1) is submitted to Congress, 
                the Secretary, acting through the appropriate 
                agricultural research agency heads, shall--
                            (i) conduct a cost-benefit analysis of 
                        substituting a hemp-based product for each item 
                        listed in such report; and
                            (ii) submit a report to Congress on the 
                        result of such cost-benefit analysis.
                    (B) Appropriate agricultural research agency 
                heads.--In this paragraph, the term ``appropriate 
                agricultural research agency heads'' means the 
                Administrator of the Economic Research Service, the 
                Director of the National Institute of Food and 
                Agriculture, the Administrator of the Agricultural 
                Research Service, and the Administrator of the National 
                Agricultural Statistics Service.
            (3) Update of hemp report.--Not later than 180 days after 
        the report under paragraph (2) is submitted to Congress, the 
        Secretary shall, using the information described in 
        subparagraph (A)(ii) of such paragraph, update the report of 
        the Department entitled ``Industrial Hemp in the United States: 
        Status and Market Potential'' and dated January, 2000.
            (4) Publication of reports.--The Secretary shall make the 
        reports required under paragraphs (1) through (3) publicly 
        available on the website of the Department.
    (e) Forest Service Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, Secretary, acting through the Chief 
        of the Forest Service, shall--
                    (A) conduct a study to determine the potential for 
                hemp to be used for the purposes of soil erosion 
                control and as a windscreen; and
                    (B) shall submit a report to Congress that includes 
                the results of the study required under subparagraph 
                (A).
            (2) Publication of report.--The Secretary shall make the 
        report required under paragraph (1)(B) publicly available on 
        the website of the Department.
    (f) Organic Guidance.--The Secretary, acting through the 
Administrator of the Agricultural Research Service and in consultation 
with the Administrator of the Agricultural Marketing Service, shall 
provide guidance and information regarding the cultivation of hemp in 
accordance with the guidelines of the national organic program 
established under the Organic Foods Production Act of 1990 (7 U.S.C. 
6501 et seq.) to each State that permits the growth or cultivation of 
organic hemp under the laws of the State.
    (g) High-Priority Research.--Section 1672(d) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is 
amended by adding at the end the following new paragraph:
            ``(21) Hemp.--Research and extension grants may be made 
        under this section for the purposes of developing and 
        disseminating science-based tools and treatments to combat 
        noxious species (such as insects and weeds) that could impact 
        hemp farms and establishing an areawide integrated pest 
        management program for areas that could be affected by, or 
        areas at risk of, being affected by the noxious species.''.
    (h) Hemp Economic Impact.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary shall update the study 
entitled ``Industrial Hemp in the United States: Status and Market 
Potential'' published by the Economic Research Service to include data, 
information, and analysis with respect to--
            (1) the quantity of hemp imported, its cost, country of 
        origin, and the country from which it is imported;
            (2) the quantity of hemp cultivated in the United States, 
        for what purposes the hemp is cultivated, and where the hemp is 
        distributed and for what purposes; and
            (3) the projected amount of money to be generated from 
        domestic growth and sales of hemp and the impact of such sales 
        on the national economy.
    (i) Agricultural Health and Safety Standards Study and Report.--
            (1) Study.--The Secretary, acting through the Administrator 
        of the Agricultural Research Service, in consultation with the 
        Secretary of Health and Human Services, the Director of the 
        Centers for Disease Control and Prevention, and the 
        Commissioner of Food and Drugs, shall--
                    (A) conduct a study that examines the use and 
                presence of agricultural chemicals and pathogens in 
                consummable hemp products, including therapeutic, 
                ingestible, and other hemp-based or hemp-blended 
                products and the impact of such use and presence on the 
                health and safety of consumers of such products; and
                    (B) in conducting such study, use data generated 
                from the Pesticide Data Program of the Agricultural 
                Marketing Service.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall--
                    (A) submit to Congress a report that includes--
                            (i) the results of the study conducted 
                        under paragraph (1); and
                            (ii) recommendations, as applicable, to 
                        nullify the impacts of pathogens and 
                        agricultural chemicals on the products 
                        described in subparagraph (A) of such 
                        paragraph; and
                    (B) make such report publicly available on the 
                website of the Department.
            (3) Definitions.--In this subsection:
                    (A) Agricultural chemical.--The term ``agricultural 
                chemical'' means an insecticide, pesticide, herbicide, 
                fungicide, or other chemical product used in 
                agriculture.
                    (B) Pathogen.--The term ``pathogen'' means a mold, 
                mildew, fungus, yeast, virus, or other microorganism 
                that can cause disease or illness.
    (j) Inclusion in Census of Agriculture.--Section 2(a) of the Census 
of Agriculture Act of 1997 (7 U.S.C. 2204g(a)) is amended by adding at 
the end the following:
            ``(3) Inclusion of hemp.--Effective beginning with the 
        census of agriculture required to be conducted in 2008, the 
        Secretary shall conduct as part of each census of agriculture a 
        census of hemp (as defined in section 297A of the Agricultural 
        Marketing Act of 1946 (7 U.S.C. 1639o)).''.
    (k) Biopreferred Program.--Section 9001(4)(A) of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 8101(4)(A)) is amended by 
inserting ``hemp (as defined in section 297A of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1639o)),'' after ``chemicals,''.
    (l) Cultivation of Hemp as a Commodity.--Section 1672(d) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
5925(d)), as amended by subsection (g), is further amended by adding at 
the end the following new paragraph:
            ``(22) Cultivation and use of hemp.--Research and extension 
        grants may be made under this section for the purposes of 
        developing and disseminating research-based information 
        regarding the cultivation and use of hemp (as defined in 
        section 297A of the Agricultural Marketing Act of 1946 (7 
        U.S.C. 1639o)) as a commodity, including by issuing production 
        guidance for underserved and rural communities and providing 
        technical assistance with respect to any such grant.''.
    (m) Market Data.--The Secretary acting through the Agricultural 
Resource Management Survey, and in collaboration with the Economic 
Research Service and the National Agricultural Statistics Service, 
shall include hemp production in all publications in which data from 
such Survey are used and in outreach toolkits issued by such Survey.
    (n) Buffer Zones.--The Secretary shall submit to Congress a report 
on the Secretary's recommendations on how to best establish buffer 
zones between hemp and marijuana farms for purposes of preventing 
cross-pollination between such plants.
    (o) Sun Grants.--Section 7526(c) of the Food, Conservation, and 
Energy Act of 2008 (7 U.S.C. 8114(c)) is amended--
            (1) in paragraph (1)(B), by inserting before the period at 
        the end the following: ``, including with respect to the 
        production of hemp (as defined in section 297A of the 
        Agricultural Marketing Act of 1946 (7 U.S.C. 1639o))''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by inserting before the 
                semicolon at the end the following: ``, including with 
                respect to the production of hemp (as defined in 
                section 297A of the Agricultural Marketing Act of 1946 
                (7 U.S.C. 1639o))''; and
                    (B) in subparagraph (b), by inserting before the 
                period at the end the following: ``, including with 
                respect to the production of hemp (as defined in 
                section 297A of the Agricultural Marketing Act of 1946 
                (7 U.S.C. 1639o))''.
    (p) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (2) Department.--The term ``Department'' means the 
        Department of Agriculture.

SEC. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

    (a) Health and Safety of Consumers.--
            (1) Study.--The Secretary of Health and Human Services 
        acting through the Director of the National Institute of 
        Allergy and Infectious Diseases (in this subsection referred to 
        as the ``Secretary'') shall conduct a study that examines--
                    (A) the presence of pathogens in hemp-based and 
                hemp-blended products; and
                    (B) the impact of that presence on the health and 
                safety of consumers of such products.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall--
                    (A) submit to Congress a report on the results of 
                the study conducted under paragraph (1), including 
                recommendations for nullifying any negative impacts of 
                pathogens in hemp-based and hemp-blended products on 
                the health and safety of consumers of the products; and
                    (B) make such report publicly available on the 
                website of the Department of Health and Human Services.
            (3) Pathogen defined.--In this subsection, the term 
        ``pathogen'' means a mold, mildew, fungus, yeast, virus, or 
        other microorganism that can cause disease or illness.
    (b) Hemp Health Care Commodities.--
            (1) Study.--The Secretary of Health and Human Services 
        shall identify and conduct a study on commodities purchased by 
        the health care industry for which hemp-based and hemp-blended 
        products may be substituted, including--
                    (A) materials and equipment (such as bedding, 
                curtains, uniforms, building materials, body care 
                supplies, and industrial cleaning supplies) used in 
                health care delivery settings (including hospitals, 
                clinics, and health centers); and
                    (B) materials and equipment used to create, store, 
                or administer prescription drugs and durable medical 
                equipment.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services shall--
                    (A) submit to the Congress a report on the results 
                of the study conducted under paragraph (1); and
                    (B) make such report publicly available on the 
                website of the Department of Health and Human Services.

SEC. 6. SMALL BUSINESS ADMINISTRATION.

    (a) Study.--The Administrator of the Small Business Administration 
shall develop a guidance manual to provide information on programs for 
persons who seek to start up a small business concern (as defined in 
section 3 of the Small Business Act (15 U.S.C. 632)) in the hemp 
industry. Such guidance manual shall include a specific focus on 
persons who seek to establish such a small business concern owned and 
controlled by a Native Hawaiian Organization (as defined in section 
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15))), an Indian 
tribe (as defined in section 8(a)(13) of such Act (15 U.S.C. 
637(a)(13))), or a veteran (as defined in section 3(q)(4) of such Act 
(15 U.S.C. 632(q)(4))).
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall--
            (1) submit to Congress the manual developed under 
        subsection (a); and
            (2) make such manual publicly available on the website of 
        the Small Business Administration.

SEC. 7. DEPARTMENT OF DEFENSE.

    (a) Procurement of Hemp-Based or Hemp-Blended Products.--Not later 
than 1 year after the date of the enactment of this Act, the Secretary 
of Defense shall submit to Congress a report containing a list of items 
procured by the Department of Defense for which a hemp-based or hemp-
blended product could be substituted.
    (b) Use of Hemp and Hemp-Derived Products.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report on the effect of using hemp and hemp-
derived products, including hemp extracts and isolates such as 
cannabidiol, on military preparedness with respect to the preparedness, 
physical health, mental health, and safety of members of the Armed 
Forces.
    (c) Use of Hemp Extracts and Isolates as Health Supplements.--Not 
later than 1 year after the date of the enactment of this Act, the 
Secretary of Defense shall submit to Congress a report on the viability 
of using hemp extracts and isolates such as cannabidiol as an 
alternative to current health supplements--
            (1) for members of the Armed Forces, including with respect 
        to members deployed in support of a contingency operation, and 
        how such use addresses the preparedness, physical health, 
        mental health, and safety of the members; and
            (2) for members serving on active duty and members not 
        serving on active duty who are diagnosed with post-traumatic 
        stress disorder, chronic pain, depression, anxiety, and other 
        illnesses and injuries.
    (d) Use of Hemp for Site Cleanup.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report on the use of plants that have 
hyperaccumulatory and phytoremediation capabilities, such as hemp, to 
clear contaminants from or related to nuclear sites and heavy metal 
contamination, including contamination by arsenic, lead, mercury, 
copper, chromium, and nickel, and other related toxic areas, including 
for contaminants in soil, water, and air.
    (e) Use of Hemp-Based or Hemp-Blended Foods, Drinks, and 
Supplements.--Not later than 1 year after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a report on 
the viability of using hemp-based and hemp-blended products as foods, 
drinks, and supplements for Members of the Armed Forces, including with 
respect to--
            (1) Members deployed in support of a contingency operation; 
        and
            (2) how such use would address physical and mental health 
        and military preparedness.
    (f) Public Availability.--The Secretary shall make each report 
required by this section publicly available on an internet website of 
the Department pursuant to section 122a of title 10, United States 
Code.

SEC. 8. DEPARTMENT OF LABOR.

    (a) Labor Standards.--
            (1) The Secretary of Labor, acting through the Assistant 
        Secretary of Labor for the Occupational Safety and Health, 
        shall create a report on the application of relevant provisions 
        of Federal law, including the laws listed in paragraph (3), for 
        the purpose of providing information to the Federal Government 
        and to State governments in States where the cultivation of 
        hemp is legal to ensure the health and safety of individuals 
        working in the hemp industry.
            (2) Not later than 1 year after the date of the enactment 
        of this Act, the Secretary of Labor shall submit to Congress 
        and make publicly available on the website of the Occupational 
        Safety and Health Administration the report created under 
        paragraph (1).
            (3) The statutes referred to in paragraph (1) are the 
        following:
                    (A) The Fair Labor Standards Act of 1938 (29 U.S.C. 
                201 et seq.).
                    (B) The Occupational Safety and Health Act of 1970 
                (29 U.S.C. 651 et seq.).
                    (C) The Family and Medical Leave Act of 1993 (29 
                U.S.C. 2601 et seq.).
                    (D) Subchapter IV of chapter 31 of title 40, United 
                States Code (commonly known as the Davis-Bacon Act).
                    (E) The Migrant and Seasonal Agricultural Worker 
                Protection Act (29 U.S.C. 1801 et seq.).
    (b) Fair Wage Standards.--
            (1) The Secretary of Labor, acting through the Assistant 
        Secretary of Labor for the Occupational Safety and Health, 
        shall create a report on the application of relevant provisions 
        of Federal law, including the Fair Labor Standards Act of 1938 
        (29 U.S.C. 201 et seq.), for the purpose of providing 
        information to the Federal Government and to State governments 
        in States where the cultivation of hemp is legal to ensure the 
        fair, equitable, and proper treatment of individuals working in 
        the hemp industry for purposes of providing information to the 
        Federal Government and in States where cultivation of hemp is 
        legal.
            (2) Not later than 1 year after the date of the enactment 
        of this Act, the Secretary of Labor shall submit to Congress 
        and make publicly available on the website of the Occupational 
        Safety and Health Administration the report created under 
        paragraph (1).

SEC. 9. ENVIRONMENTAL PROTECTION AGENCY.

    (a) Ecological Footprint and Land Conservation.--
            (1) Study.--The Administrator of the Environmental 
        Protection Agency (in this Act referred to as the 
        ``Administrator'') shall conduct a study on the effects of 
        cultivating hemp within agriculture, focusing on the use of 
        hemp--
                    (A) to control weeds and invasive flora;
                    (B) to reduce the ecological footprint;
                    (C) to detoxify carbon dioxide and related harmful 
                gases;
                    (D) to prevent soil erosion; and
                    (E) to provide nutritional effects on agricultural 
                land after cultivation.
            (2) Report.--The Administrator shall--
                    (A) not later than 1 year after the date of 
                enactment of this Act, submit to the Congress a report 
                on the results of the study under paragraph (1); and
                    (B) make such report and any successor reports 
                publicly available on the website of the Environmental 
                Protection Agency.
    (b) Water Impurity.--
            (1) Study.--The Administrator shall conduct a study on the 
        use of hemp to clear impurities in water, including wastewater, 
        focusing on such use regarding--
                    (A) drinking water contamination;
                    (B) sewage effluent; and
                    (C) post-disaster relief (or pre-disaster 
                mitigation) to clear impurities from farm animal waste, 
                such as in the case of a hurricane causing the overflow 
                of farm animal waste.
            (2) Report.--The Administrator shall--
                    (A) not later than 1 year after the date of 
                enactment of this Act, submit to the Congress a report 
                on the results of the study under paragraph (1); and
                    (B) make such report and any successor reports 
                publicly available on the website of the Environmental 
                Protection Agency.
    (c) Biodegradability and Plastic Alternative Study.--
            (1) Study.--The Administrator shall conduct a study, as 
        appropriate identifying and building upon previous studies, on 
        synthetic polymer-based plastic products that can be replaced 
        with hemp-based plastic products, including study of--
                    (A) the effects of such replacement on reducing 
                landfill waste and ocean pollution; and
                    (B) the biodegradability of synthetic polymer-based 
                plastic as compared to hemp-based plastic products.
            (2) Report.--The Administrator shall--
                    (A) not later than 1 year after the date of 
                enactment of this Act, submit to the Congress a report 
                on the results of the study under paragraph (1); and
                    (B) make such report and any successor reports 
                publicly available on the website of the Environmental 
                Protection Agency.

SEC. 10. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

    (a) Study.--
            (1) In general.--The Secretary of the Department of Housing 
        and Urban Development shall study the use of hemp as it relates 
        to affordable and sustainable housing.
            (2) Hempcrete.--Such study shall evaluate and make 
        recommendations about the use of hempcrete as insulation, with 
        a focus on combustibility, vapor permeability, thermal 
        regulation, humidity regulation, mold resistance, pest 
        resistance, wind resistance, durability, sustainability, and 
        cost.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of the Department of Housing and Urban 
Development shall--
            (1) submit to the Congress a report on the results of the 
        study conducted under subsection (a); and
            (2) make such report publicly available on the website of 
        the Department of Housing and Urban Development.

SEC. 11. DEPARTMENT OF VETERANS AFFAIRS RESEARCH ON SAFETY AND EFFICACY 
              OF HEMP EXTRACTS AND ISOLATES FOR VETERANS WITH CERTAIN 
              MEDICAL CONDITIONS.

    (a) Research.--The Secretary of Veterans Affairs, in consultation 
with the Commissioner of Food and Drugs, shall carry out scientific and 
medical research into the safety and efficacy of the use of hemp 
extracts and isolates, including cannabidiol, by veterans diagnosed 
with post-traumatic stress disorder, chronic pain, depression, anxiety, 
and other illnesses and injuries determined by the Secretary.
    (b) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary shall submit to Congress, and 
make publicly available on a website of the Department, a report 
describing the plan of the Secretary to implement the requirement under 
subsection (a).
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