Hemp for Victory Act of 2019

I 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 Com- mittee on Agriculture, and in addition to the Committees on Education and Labor, Small Business, Armed Services, Energy and Commerce, Fi- nancial Services, and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hemp for Victory Act 4 of 2019’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 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. VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 2 •HR 3652 IH 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. 1 In this Act, the term ‘‘hemp’’ has the meaning given 2 such term in section 297A of the Agricultural Marketing 3 Act of 1946 (7 U.S.C. 1639o). 4 SEC. 4. STUDIES AND REPORTS BY THE SECRETARY OF AG- 5 RICULTURE. 6 (a) COMPETITIVE LAND-GRANT COLLEGE OR UNI- 7 VERSITY RESEARCH AND DEVELOPMENT.— 8 (1) IN GENERAL.—The Secretary, acting 9 through the Director of the National Institute of 10 Food and Agriculture, shall carry out a grant pro- 11 gram under which the Secretary shall make grants 12 to land-grant colleges or universities (as defined in 13 section 1404 of the National Agricultural Research, 14 Extension, and Teaching Policy Act of 1977 (7 15 U.S.C. 3103)) to conduct research on establishing 16 hemp as a domestic agricultural commodity. 17 (2) REPORT.—Not later than 1 year after the 18 date of the enactment of this Act, and annually 19 thereafter, the Secretary, acting through the Direc- 20 VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 3 •HR 3652 IH tor of the National Institute of Food and Agri- 1 culture, shall— 2 (A) submit a report to Congress that in- 3 cludes— 4 (i) the grants awarded under para- 5 graph (1) in the prior year; and 6 (ii) the results of the research con- 7 ducted pursuant to such grants; and 8 (B) make such report publicly available on 9 the website of the Department. 10 (b) STUDY AND REPORT ON NUTRITIONAL BENEFITS 11 OF FOOD, DRINK, AND SUPPLEMENTS PRODUCED FROM 12 HEMP.— 13 (1) STUDY.—The Secretary, acting through the 14 Administrator of the Food and Nutrition Service, 15 shall conduct a study on the foods, drinks, and sup- 16 plements produced from hemp-based or hemp-blend- 17 ed products, including— 18 (A) the nutritional value of such foods, 19 drinks, and supplements; and 20 (B) the nutritional benefits derived from 21 such foods, drinks, and supplements, including 22 digestible protein, essential fatty acid, and aller- 23 gen content. 24 VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 4 •HR 3652 IH (2) REPORT.—Not later than 1 year after the 1 date of the enactment of this Act, the Secretary 2 shall submit a report to Congress that includes the 3 results of the study conducted under paragraph (1) 4 and make such report publicly available on the 5 website of the Department. 6 (c) STUDY AND REPORT ON USE OF FOOD, DRINK, 7 AND SUPPLEMENTS PRODUCED FROM INDUSTRIAL HEMP 8 IN CERTAIN PUBLIC SCHOOL MEAL PROGRAMS.— 9 (1) STUDY.—The Secretary, in coordination 10 with the Secretary of Education, shall conduct a 11 study on the foods, drinks, and supplements pro- 12 duced from hemp, including— 13 (A) the nutritional value of such foods, 14 drinks, and supplements; and 15 (B) the potential to use such foods, drinks, 16 and supplements as low-cost healthy alter- 17 natives to other foods, drinks, and supplements 18 served under the free or reduced price school 19 lunch program under the Richard B. Russell 20 National School Lunch Act (42 U.S.C. 1751 et 21 seq.) and the free or reduced price school 22 breakfasts under the Child Nutrition Act of 23 1966 (42 U.S.C. 1771 et seq.). 24 VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 5 •HR 3652 IH (2) REPORT.—Not later than 1 year after the 1 date of the enactment of this Act, the Secretary 2 shall submit a report to Congress that includes the 3 results of the study conducted under paragraph (1) 4 and make such report publicly available on the 5 website of the Department. 6 (d) REPORTS ON POTENTIAL USE OF HEMP-BASED 7 PRODUCTS.— 8 (1) INITIAL REPORT.—Not later than 1 year 9 after the date of the enactment of this Act, the Sec- 10 retary, in consultation with the heads of other execu- 11 tive agencies (as defined in section 102 of title 31, 12 United States Code), including the Administrator of 13 the Environmental Protection Agency and the Sec- 14 retary of Defense, shall— 15 (A) determine which items procured by the 16 Federal Government, or items used by contrac- 17 tors or subcontractors at any tier, can be sub- 18 stituted for a hemp-based product; and 19 (B) submit to Congress a report containing 20 a list of such items. 21 (2) COST-BENEFIT ANALYSIS REPORT.— 22 (A) IN GENERAL.—Not later than 180 23 days after the report under paragraph (1) is 24 submitted to Congress, the Secretary, acting 25 VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 6 •HR 3652 IH through the appropriate agricultural research 1 agency heads, shall— 2 (i) conduct a cost-benefit analysis of 3 substituting a hemp-based product for each 4 item listed in such report; and 5 (ii) submit a report to Congress on 6 the result of such cost-benefit analysis. 7 (B) APPROPRIATE AGRICULTURAL RE- 8 SEARCH AGENCY HEADS.—In this paragraph, 9 the term ‘‘appropriate agricultural research 10 agency heads’’ means the Administrator of the 11 Economic Research Service, the Director of the 12 National Institute of Food and Agriculture, the 13 Administrator of the Agricultural Research 14 Service, and the Administrator of the National 15 Agricultural Statistics Service. 16 (3) UPDATE OF HEMP REPORT.—Not later than 17 180 days after the report under paragraph (2) is 18 submitted to Congress, the Secretary shall, using the 19 information described in subparagraph (A)(ii) of 20 such paragraph, update the report of the Depart- 21 ment entitled ‘‘Industrial Hemp in the United 22 States: Status and Market Potential’’ and dated 23 January, 2000. 24 VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 7 •HR 3652 IH (4) PUBLICATION OF REPORTS.—The Secretary 1 shall make the reports required under paragraphs 2 (1) through (3) publicly available on the website of 3 the Department. 4 (e) FOREST SERVICE REPORT.— 5 (1) IN GENERAL.—Not later than 1 year after 6 the date of the enactment of this Act, Secretary, act- 7 ing through the Chief of the Forest Service, shall— 8 (A) conduct a study to determine the po- 9 tential for hemp to be used for the purposes of 10 soil erosion control and as a windscreen; and 11 (B) shall submit a report to Congress that 12 includes the results of the study required under 13 subparagraph (A). 14 (2) PUBLICATION OF REPORT.—The Secretary 15 shall make the report required under paragraph 16 (1)(B) publicly available on the website of the De- 17 partment. 18 (f) ORGANIC GUIDANCE.—The Secretary, acting 19 through the Administrator of the Agricultural Research 20 Service and in consultation with the Administrator of the 21 Agricultural Marketing Service, shall provide guidance 22 and information regarding the cultivation of hemp in ac- 23 cordance with the guidelines of the national organic pro- 24 gram established under the Organic Foods Production Act 25 VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 8 •HR 3652 IH of 1990 (7 U.S.C. 6501 et seq.) to each State that permits 1 the growth or cultivation of organic hemp under the laws 2 of the State. 3 (g) HIGH-PRIORITY RESEARCH.—Section 1672(d) of 4 the Food, Agriculture, Conservation, and Trade Act of 5 1990 (7 U.S.C. 5925(d)) is amended by adding at the end 6 the following new paragraph: 7 ‘‘(21) HEMP.—Research and extension grants 8 may be made under this section for the purposes of 9 developing and disseminating science-based tools and 10 treatments to combat noxious species (such as in- 11 sects and weeds) that could impact hemp farms and 12 establishing an areawide integrated pest manage- 13 ment program for areas that could be affected by, 14 or areas at risk of, being affected by the noxious 15 species.’’. 16 (h) HEMP ECONOMIC IMPACT.—Not later than 1 17 year after the date of the enactment of this Act, the Sec- 18 retary shall update the study entitled ‘‘Industrial Hemp 19 in the United States: Status and Market Potential’’ pub- 20 lished by the Economic Research Service to include data, 21 information, and analysis with respect to— 22 (1) the quantity of hemp imported, its cost, 23 country of origin, and the country from which it is 24 imported; 25 VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 9 •HR 3652 IH (2) the quantity of hemp cultivated in the 1 United States, for what purposes the hemp is cul- 2 tivated, and where the hemp is distributed and for 3 what purposes; and 4 (3) the projected amount of money to be gen- 5 erated from domestic growth and sales of hemp and 6 the impact of such sales on the national economy. 7 (i) AGRICULTURAL HEALTH AND SAFETY STAND- 8 ARDS STUDY AND REPORT.— 9 (1) STUDY.—The Secretary, acting through the 10 Administrator of the Agricultural Research Service, 11 in consultation with the Secretary of Health and 12 Human Services, the Director of the Centers for 13 Disease Control and Prevention, and the Commis- 14 sioner of Food and Drugs, shall— 15 (A) conduct a study that examines the use 16 and presence of agricultural chemicals and 17 pathogens in consummable hemp products, in- 18 cluding therapeutic, ingestible, and other hemp- 19 based or hemp-blended products and the impact 20 of such use and presence on the health and 21 safety of consumers of such products; and 22 (B) in conducting such study, use data 23 generated from the Pesticide Data Program of 24 the Agricultural Marketing Service. 25 VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 10 •HR 3652 IH (2) REPORT.—Not later than 1 year after the 1 date of the enactment of this Act, the Secretary 2 shall— 3 (A) submit to Congress a report that in- 4 cludes— 5 (i) the results of the study conducted 6 under paragraph (1); and 7 (ii) recommendations, as applicable, to 8 nullify the impacts of pathogens and agri- 9 cultural chemicals on the products de- 10 scribed in subparagraph (A) of such para- 11 graph; and 12 (B) make such report publicly available on 13 the website of the Department. 14 (3) DEFINITIONS.—In this subsection: 15 (A) AGRICULTURAL CHEMICAL.—The term 16 ‘‘agricultural chemical’’ means an insecticide, 17 pesticide, herbicide, fungicide, or other chemical 18 product used in agriculture. 19 (B) PATHOGEN.—The term ‘‘pathogen’’ 20 means a mold, mildew, fungus, yeast, virus, or 21 other microorganism that can cause disease or 22 illness. 23 (j) INCLUSION IN CENSUS OF AGRICULTURE.—Sec- 24 tion 2(a) of the Census of Agriculture Act of 1997 (7 25 VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 11 •HR 3652 IH U.S.C. 2204g(a)) is amended by adding at the end the 1 following: 2 ‘‘(3) INCLUSION OF HEMP.—Effective beginning 3 with the census of agriculture required to be con- 4 ducted in 2008, the Secretary shall conduct as part 5 of each census of agriculture a census of hemp (as 6 defined in section 297A of the Agricultural Mar- 7 keting Act of 1946 (7 U.S.C. 1639o)).’’. 8 (k) BIOPREFERRED PROGRAM.—Section 9001(4)(A) 9 of the Farm Security and Rural Investment Act of 2002 10 (7 U.S.C. 8101(4)(A)) is amended by inserting ‘‘hemp (as 11 defined in section 297A of the Agricultural Marketing Act 12 of 1946 (7 U.S.C. 1639o)),’’ after ‘‘chemicals,’’. 13 (l) CULTIVATION OF HEMP AS A COMMODITY.—Sec- 14 tion 1672(d) of the Food, Agriculture, Conservation, and 15 Trade Act of 1990 (7 U.S.C. 5925(d)), as amended by 16 subsection (g), is further amended by adding at the end 17 the following new paragraph: 18 ‘‘(22) CULTIVATION AND USE OF HEMP.—Re- 19 search and extension grants may be made under this 20 section for the purposes of developing and dissemi- 21 nating research-based information regarding the cul- 22 tivation and use of hemp (as defined in section 297A 23 of the Agricultural Marketing Act of 1946 (7 U.S.C. 24 1639o)) as a commodity, including by issuing pro- 25 VerDate Sep 11 2014 00:30 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42 with BILLS 12 •HR 3652 IH duction guidance for underserved and rural commu- 1 nities and providing technical assistance with respect 2 to any such grant.’’. 3 (m) MARKET DATA.—The Secretary acting through 4 the Agricultural Resource Management Survey, and in col- 5 laboration with the Economic Research Service and the 6 National Agricultural Statistics Service, shall include 7 hemp production in all publications in which data from 8 such Survey are used and in outreach toolkits issued by 9 such Survey. 10 (n) BUFFER ZONES.—The Secretary shall submit to 11 Congress a report on the Secretary’s recommendations on 12 how to best establish buffer zones betwee [Text truncated for display. 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