I 
118TH CONGRESS 
1ST SESSION H. R. 3036 
To amend the Food Security Act of 1985 to modify the delivery of technical 
assistance, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2023 
Mr. BAIRD (for himself and Ms. SPANBERGER) introduced the following bill; 
which was referred to the Committee on Agriculture 
A BILL 
To amend the Food Security Act of 1985 to modify the 
delivery of technical assistance, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Increased TSP Access 
Act of 2023’’. 
SEC. 2. DELIVERY OF TECHNICAL ASSISTANCE. 
Section 1242 of the Food Security Act of 1985 (16 
U.S.C. 3842) is amended— 
(1) in subsection (a)— 
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(A) by redesignating paragraph (2) as 
paragraph (3); and 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) NON-FEDERAL CERTIFYING ENTITY.—The 
term ‘non-Federal certifying entity’ means a non- 
Federal entity or State agency described in subpara-
graph (A) or (B), respectively, of subsection (e)(4).’’; 
(2) in subsection (b), by striking ‘‘science- 
based, site-specific practices designed’’ and inserting 
‘‘timely, science-based, and site-specific practice de-
sign and implementation assistance’’; 
(3) in subsection (d), by inserting ‘‘(including 
private sector entities)’’ after ‘‘non-Federal entities’’; 
(4) in subsection (e)— 
(A) in paragraph (2), by striking ‘‘Food, 
Conservation, and Energy Act of 2008’’ and in-
serting ‘‘Increased TSP Access Act of 2023’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘ensure’’ and all that follows through ‘‘en-
gineering,’’ and inserting ‘‘ensure that 
third-party providers with expertise in the 
technical aspects of conservation planning, 
watershed planning, environmental engi-
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neering, conservation practice design, im-
plementation, and evaluation, or other 
technical skills, as determined by the Sec-
retary,’’; and 
(ii) in subparagraph (C), by inserting 
‘‘by the Secretary’’ after ‘‘established’’; 
and 
(C) by striking paragraphs (4) and (5) and 
inserting the following: 
‘‘(4) CERTIFICATION.—The Secretary shall cer-
tify a third-party provider through— 
‘‘(A) a certification process administered 
by the Secretary, acting through the Chief of 
the Natural Resources Conservation Service; 
‘‘(B) a non-Federal entity (other than a 
State agency) approved by the Secretary to per-
form the certification; or 
‘‘(C) a State agency with statutory author-
ity to certify, administer, or license profes-
sionals in one or more fields of natural re-
sources, agriculture, or engineering approved by 
the Secretary to perform the certification. 
‘‘(5) TIMELY DECISIONS.—Not later than 10 
business days after the date on which the Secretary 
receives a notification submitted by a non-Federal 
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certifying entity that the non-Federal certifying enti-
ty has certified a third-party provider, the Secretary 
shall— 
‘‘(A) review the certification; and 
‘‘(B) if the certification is satisfactory to 
the Secretary, include the name of the third- 
party provider on the registry of certified third- 
party providers maintained by the Secretary. 
‘‘(6) NON-FEDERAL CERTIFYING ENTITY PROC-
ESS.— 
‘‘(A) ESTABLISHMENT.—Not later than 
180 days after the date of enactment of the In-
creased TSP Access Act of 2023, the Secretary 
shall establish a process for the certification of 
third-party providers by non-Federal certifying 
entities, with the goal of increasing third-party 
provider capacity, including the certification of 
qualified agricultural retailers, cooperatives, 
professional societies, service providers, and or-
ganizations described in section 1265A(3)(B)(i). 
‘‘(B) ELIGIBILITY OF NON-FEDERAL CER-
TIFYING ENTITIES.—In determining the eligi-
bility of a non-Federal certifying entity under 
subparagraph (A), the Secretary shall con-
sider— 
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‘‘(i) the ability of the non-Federal cer-
tifying entity to assess qualifications of a 
third-party provider and certify third-party 
providers at scale; 
‘‘(ii) the experience of the non-Federal 
certifying entity in working with third- 
party providers and eligible participants; 
‘‘(iii) the expertise of the non-Federal 
certifying entity in the technical and 
science-based aspects of conservation deliv-
ery described in paragraph (3)(A); 
‘‘(iv) the history of the non-Federal 
certifying entity in working with agricul-
tural producers; and 
‘‘(v) such other qualifications as the 
Secretary determines to be appropriate. 
‘‘(C) APPROVAL.—Not later than 40 busi-
ness days after the date on which the Secretary 
receives an application submitted by a non-Fed-
eral certifying entity to certify third-party pro-
viders under this section, the Secretary shall 
make a decision on whether to approve the non- 
Federal certifying entity to certify third-party 
providers. 
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third-party provider that has an appropriate spe-
cialty certification, including a certified crop advisor 
certified by the American Society of Agronomy, a 
professional engineer, or a holder of a technical cer-
tification approved by the Secretary.’’; and 
(5) in subsection (f)— 
(A) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘or a 
non-Federal certifying entity’’ after ‘‘third- 
party provider’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) REVIEW.—Not later than 1 year after the 
date of enactment of the Increased TSP Access Act 
of 2023, and additionally thereafter at the discretion 
of the Secretary, the Secretary shall— 
‘‘(A) review certification requirements for 
third-party providers; 
‘‘(B) make any adjustments considered 
necessary by the Secretary to improve participa-
tion and the quality and effectiveness of con-
servation practices implemented and adopted 
with support from technical service providers; 
‘‘(C) conduct outreach to and receive input 
from third-party providers, both that currently 
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participate in the program under this section 
and those that no longer participate in the pro-
gram, and entities, organizations, and associa-
tions providing or supporting consultative serv-
ices to agriculture, livestock, and forest pro-
ducers to assess barriers and opportunities for 
the use of third-party provider assistance for 
improved conservation program delivery; and 
‘‘(D) set a target utilization rate for third- 
party providers.’’; 
(C) in paragraph (4)(A)(i), by inserting 
‘‘maintenance,’’ after ‘‘outreach,’’; and 
(D) by striking paragraph (5) and insert-
ing the following: 
‘‘(5) PAYMENT AMOUNTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish fair and reasonable amounts of pay-
ments for technical services provided by third- 
party providers at rates equivalent to, but that 
do not exceed, technical assistance provided by 
the Secretary. 
‘‘(B) CONSIDERATIONS.—In determining 
fair and reasonable payment amounts under 
subparagraph (A), the Secretary shall consider 
specialized equipment, frequency of site visits, 
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training, travel and transportation, and such 
other factors as the Secretary determines to be 
appropriate. 
‘‘(C) EXCLUSION.—A payment provided 
under another Federal program directly to an 
eligible participant for technical assistance pro-
vided by a third-party provider certified under 
this section shall be— 
‘‘(i) excluded from cost-sharing re-
quirements under the program under 
which the payment was provided; and 
‘‘(ii) equal to not more than 100 per-
cent of the fair and reasonable payment 
amount for the applicable technical assist-
ance determined under subparagraph (B). 
‘‘(6) TRANSPARENCY.—Not later than 1 year 
after the date of enactment of the Increased TSP 
Access Act of 2023, the Secretary shall provide ac-
cessible public information on— 
‘‘(A) funds obligated to third-party pro-
viders through— 
‘‘(i) contracts entered into between el-
igible participants and individual third- 
party providers; and 
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‘‘(ii) agreements with public and pri-
vate sector entities to secure third-party 
technical assistance; 
‘‘(B) certification results, including— 
‘‘(i) the number of third-party pro-
viders certified by the Secretary; 
‘‘(ii) the number of non-Federal certi-
fying entities approved by the Secretary; 
‘‘(iii) the number of third-party pro-
viders certified by non-Federal certifying 
entities; and 
‘‘(iv) the number of third-party pro-
viders certified based on State agency or 
professional association credentialing; 
‘‘(C) how third-party providers contribute 
to the quality and effectiveness of conservation 
practices implemented and adopted, and what 
improvements are needed; and 
‘‘(D) the target utilization rate set under 
paragraph (3)(D) and how actual utilization 
compares to that target rate.’’. 
Æ 
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