[Congressional Record Volume 167, Number 92 (Wednesday, May 26, 2021)]
[Senate]
[Pages S3518-S3521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2051. Mr. BRAUN (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Schumer to the bill S. 1260, to establish a new Directorate for
Technology and Innovation in the National Science Foundation, to
establish a regional technology hub program, to require a strategy and
report on economic security, science, research, innovation,
manufacturing, and job creation, to establish a critical supply chain
resiliency program, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place in title V of division B, insert
the following:
SEC. 25__. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND
THIRD-PARTY VERIFIER CERTIFICATION PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to facilitate the participation of farmers, ranchers,
and private forest landowners in voluntary environmental
credit markets, including through the Program;
(2) to facilitate the provision of technical assistance
through covered entities to farmers, ranchers, and private
forest landowners in overcoming barriers to entry into
voluntary environmental credit markets;
(3) to assist covered entities in certifying under the
Program; and
(4) to establish the Advisory Council to advise the
Secretary regarding the Program and other related matters.
(b) Definitions.--In this section:
(1) Advisory council.--The term ``Advisory Council'' means
the Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Certification Program Advisory Council
established under subsection (g)(1).
(2) Agriculture or forestry credit.--The term ``agriculture
or forestry credit'' means a credit derived from the
prevention, reduction, or mitigation of greenhouse gas
emissions or carbon sequestration on agricultural land or
private forest land that may be bought or sold on a voluntary
environmental credit market.
(3) Beginning farmer or rancher.--The term ``beginning
farmer or rancher'' has the meaning given the term in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).
(4) Covered entity.--The term ``covered entity'' means a
person or State that either--
(A) is a provider of technical assistance to farmers,
ranchers, or private forest landowners in carrying out
sustainable land use management practices that--
(i) prevent, reduce, or mitigate greenhouse gas emissions;
or
(ii) sequester carbon; or
(B) is a third-party verifier entity that conducts the
verification of the processes described in protocols for
voluntary environmental credit markets.
(5) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide; and
(D) any other gas that the Secretary, in consultation with
the Advisory Council, determines has been identified to have
heat trapping qualities.
[[Page S3519]]
(6) Program.--The term ``Program'' means the Greenhouse Gas
Technical Assistance Provider and Third-Party Verifier
Certification Program established under subsection (c).
(7) Protocol.--The term ``protocol'' means a systematic
approach that follows a science-based methodology that is
transparent and thorough to establish requirements--
(A) for the development of projects to prevent, reduce, or
mitigate greenhouse gas emissions or sequester carbon that
include 1 or more baseline scenarios; and
(B) to quantify, monitor, report, and verify the
prevention, reduction, or mitigation of greenhouse gas
emissions or carbon sequestration by projects described in
subparagraph (A).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(9) Socially disadvantaged farmer or rancher; socially
disadvantaged group.--The terms ``socially disadvantaged
farmer or rancher'' and ``socially disadvantaged group'' have
the meaning given those terms in section 355(e) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2003(e)).
(10) Technical assistance.--The term ``technical
assistance'' means technical expertise, information, and
tools necessary to assist a farmer, rancher, or private
forest landowner who is engaged in or wants to engage in a
project to prevent, reduce, or mitigate greenhouse gas
emissions or sequester carbon to meet a protocol.
(11) Voluntary environmental credit market.--The term
``voluntary environmental credit market'' means a voluntary
market through which agriculture or forestry credits may be
bought or sold.
(c) Establishment.--
(1) In general.--On the date that is 270 days after the
date of enactment of this Act, and after making a positive
determination under paragraph (2), the Secretary shall
establish a voluntary program, to be known as the
``Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Certification Program'', to certify covered
entities that the Secretary determines meet the requirements
described in subsection (d).
(2) Determination.--The Secretary shall establish the
Program only if, after considering relevant information,
including the information collected or reviewed relating to
the assessment conducted under subsection (h)(1)(A), the
Secretary determines that the Program will further each of
the purposes described in paragraphs (1) and (2) of
subsection (a).
(3) Report.--If the Secretary determines under paragraph
(2) that the Program would not further the purposes described
in paragraph (1) or (2) of subsection (a) and does not
establish the Program, the Secretary shall publish a report
describing the reasons the Program would not further those
purposes.
(d) Certification Qualifications.--
(1) In general.--
(A) Protocols and qualifications.--After providing public
notice and at least a 60-day period for public comment, the
Secretary shall, during the 90-day period beginning on the
date on which the Program is established, publish--
(i) a list of, and documents relating to, recognized
protocols for voluntary environmental credit markets that are
designed to ensure consistency, reliability, effectiveness,
efficiency, and transparency, including protocol documents
and details relating to--
(I) calculations;
(II) sampling methodologies;
(III) accounting principles;
(IV) systems for verification, monitoring, measurement, and
reporting; and
(V) methods to account for additionality, permanence,
leakage, and, where appropriate, avoidance of double
counting; and
(ii) descriptions of qualifications for covered entities
that--
(I) demonstrate that the covered entity can assist farmers,
ranchers, and private forest landowners in accomplishing the
purposes described in paragraphs (1) and (2) of subsection
(a); and
(II) demonstrate proficiency with the protocols described
in clause (i).
(B) Requirements.--Covered entities certified under the
Program shall maintain expertise in the protocols described
in subparagraph (A)(i), adhere to the qualifications
described in subparagraph (A)(ii), and adhere to any relevant
conflict of interest requirements, as determined appropriate
by the Secretary, for--
(i) the provision of technical assistance to farmers,
ranchers, and private forest landowners for carrying out
activities described in paragraph (2); or
(ii) the verification of the processes described in
protocols for voluntary environmental credit markets that are
used in carrying out activities described in paragraph (2).
(2) Activities.--The activities for which covered entities
may provide technical assistance or conduct verification of
processes under the Program are current and future activities
that prevent, reduce, or mitigate greenhouse gas emissions or
sequester carbon, which may include--
(A) land or soil carbon sequestration;
(B) emissions reductions derived from fuel choice or
reduced fuel use;
(C) livestock emissions reductions, including emissions
reductions achieved through--
(i) feeds, feed additives, and the use of byproducts as
feed sources; or
(ii) manure management practices;
(D) on-farm energy generation;
(E) energy feedstock production;
(F) fertilizer or nutrient use emissions reductions;
(G) reforestation;
(H) forest management, including improving harvesting
practices and thinning diseased trees;
(I) prevention of the conversion of forests, grasslands,
and wetlands;
(J) restoration of wetlands or grasslands;
(K) grassland management, including prescribed grazing;
(L) current practices associated with private land
conservation programs administered by the Secretary; and
(M) such other activities, or combinations of activities,
that the Secretary, in consultation with the Advisory
Council, determines to be appropriate.
(3) Requirements.--In publishing the list of protocols and
description of qualifications under paragraph (1)(A), the
Secretary, in consultation with the Advisory Council, shall--
(A) ensure that the requirements for covered entities to
certify under the Program include maintaining expertise in
all relevant information relating to market-based protocols,
as appropriate, with regard to--
(i) quantification;
(ii) verification;
(iii) additionality;
(iv) permanence;
(v) reporting; and
(vi) other expertise, as determined by the Secretary; and
(B) ensure that a covered entity certified under the
Program is required to perform, and to demonstrate expertise,
as determined by the Secretary, in accordance with best
management practices for agricultural and forestry activities
that prevent, reduce, or mitigate greenhouse gas emissions or
sequester carbon.
(4) Periodic review.--As appropriate, the Secretary shall
periodically review and revise the list of protocols and
description of certification qualifications published under
paragraph (1)(A) to include any additional protocols or
qualifications that meet the requirements described in
subparagraphs (A) and (B) of paragraph (3).
(e) Certification, Website, and Publication of Lists.--
(1) Certification.--A covered entity may self-certify under
the Program by submitting to the Secretary, through a website
maintained by the Secretary--
(A) a notification that the covered entity will--
(i) maintain expertise in the protocols described in clause
(i) of subsection (d)(1)(A); and
(ii) adhere to the qualifications described in clause (ii)
of that subsection; and
(B) appropriate documentation demonstrating the expertise
described in subparagraph (A)(i) and qualifications described
in subparagraph (A)(ii).
(2) Website and solicitation.--During the 180-day period
beginning on the date on which the Program is established,
the Secretary shall publish, through an existing website
maintained by the Secretary--
(A) information describing how covered entities may self-
certify under the Program in accordance with paragraph (1);
(B) information describing how covered entities may obtain,
through private training programs or Department of
Agriculture training programs, the requisite expertise--
(i) in the protocols described in clause (i) of subsection
(d)(1)(A); and
(ii) to meet the qualifications described in clause (ii) of
that subsection;
(C) the protocols and qualifications published by the
Secretary under subsection (d)(1)(A); and
(D) instructions and suggestions to assist farmers,
ranchers, and private forest landowners in facilitating the
development of agriculture or forestry credits and accessing
voluntary environmental credit markets, including--
(i) through working with covered entities certified under
the Program; and
(ii) by providing information relating to programs,
registries, and protocols of programs and registries that
provide market-based participation opportunities for working
and conservation agricultural and forestry lands.
(3) Publication.--During the 1-year period beginning on the
date on which the Program is established, the Secretary, in
consultation with the Advisory Council and following the
review by the Secretary for completeness and accuracy of the
certification notifications and documentation submitted under
paragraph (1), shall use an existing website maintained by
the Secretary to publish--
(A) a list of covered entities that are certified under
paragraph (1) as technical assistance providers; and
(B) a list of covered entities that are certified under
paragraph (1) as verifiers of the processes described in
protocols for voluntary environmental credit markets.
(4) Updates.--Not less frequently than quarterly, the
Secretary, in consultation with the Advisory Council, shall
update the lists published under paragraph (3).
(5) Submission.--The Secretary shall notify Congress of the
publication of the initial list under paragraph (3).
(6) Requirement.--To remain certified under the Program, a
covered entity shall continue--
[[Page S3520]]
(A) to maintain expertise in the protocols described in
subparagraph (A)(i) of subsection (d)(1); and
(B) to adhere to the qualifications described in
subparagraph (A)(ii) of that subsection.
(7) Auditing.--Not less frequently than annually, the
Secretary shall conduct audits of covered entities that are
certified under the Program to ensure compliance with the
requirements under subsection (d)(1)(B) through an audit
process that includes a representative sample of--
(A) technical assistance providers; and
(B) verifiers of the processes described in protocols for
voluntary environmental credit markets.
(8) Revocation of certification.--
(A) In general.--The Secretary may revoke the certification
of a covered entity under the Program in the event of--
(i) noncompliance with the requirements under subsection
(d)(1)(B); or
(ii) a violation of subsection (f)(2)(A).
(B) Notification.--If the Secretary revokes a certification
of a covered entity under subparagraph (A), to the extent
practicable, the Secretary shall--
(i) request from that covered entity contact information
for all farmers, ranchers, and private forest landowners to
which the covered entity provided technical assistance or the
verification of the processes described in protocols for
voluntary environmental credit markets; and
(ii) notify those farmers, ranchers, and private forest
landowners of the revocation.
(9) Fair treatment of farmers.--The Secretary shall ensure,
to the maximum extent practicable, that covered entities
certified under paragraph (1) act in good faith--
(A) to provide realistic estimates of costs and revenues
relating to activities and verification of processes, as
applicable to the covered entity, as described in subsection
(d)(2); and
(B) in the case of technical assistance providers, to
assist farmers, ranchers, and private forest landowners in
ensuring that the farmers, ranchers, and private forest
landowners receive fair distribution of revenues derived from
the sale of an agriculture or forestry credit.
(10) Savings clause.--Nothing in this section authorizes
the Secretary to compel a farmer, rancher, or private forest
landowner to participate in a transaction or project
facilitated by a covered entity certified under paragraph
(1).
(f) Enforcement.--
(1) Prohibition on claims.--
(A) In general.--A person that is not certified under the
Program in accordance with this section shall not knowingly
make a claim that the person is a ``USDA-certified technical
assistance provider or third-party verifier for voluntary
environmental credit markets'' or any substantially similar
claim.
(B) Penalty.--Any person that violates subparagraph (A)
shall be--
(i) subject to a civil penalty equal to such amount as the
Secretary determines to be appropriate, not to exceed $1,000
per violation; and
(ii) ineligible to certify under the Program for the 5-year
period beginning on the date of the violation.
(2) Submission of fraudulent information.--
(A) In general.--A person, regardless of whether the person
is certified under the program, shall not submit fraudulent
information as part of a notification under subsection
(e)(1).
(B) Penalty.--Any person that violates subparagraph (A)
shall be--
(i) subject to a civil penalty equal to such amount as the
Secretary determines to be appropriate, not to exceed $1,000
per violation; and
(ii) ineligible to certify under the Program for the 5-year
period beginning on the date of the violation.
(g) Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Certification Program Advisory Council.--
(1) In general.--During the 90-day period beginning on the
date on which the Program is established, the Secretary shall
establish an advisory council, to be known as the
``Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Certification Program Advisory Council''.
(2) Membership.--
(A) In general.--The Advisory Council shall be composed of
members appointed by the Secretary in accordance with this
paragraph.
(B) General representation.--The Advisory Council shall--
(i) be broadly representative of the agriculture and
private forest sectors;
(ii) include socially disadvantaged farmers and ranchers
and other historically underserved farmers, ranchers, or
private forest landowners; and
(iii) be composed of not less than 51 percent farmers,
ranchers, or private forest landowners.
(C) Members.--Members appointed under subparagraph (A)
shall include--
(i) not more than 2 representatives of the Department of
Agriculture, as determined by the Secretary;
(ii) not more than 1 representative of the Environmental
Protection Agency, as determined by the Administrator of the
Environmental Protection Agency;
(iii) not more than 1 representative of the National
Institute of Standards and Technology;
(iv) not fewer than 12 representatives of the agriculture
industry, appointed in a manner that is broadly
representative of the agriculture sector, including not fewer
than 6 active farmers and ranchers;
(v) not fewer than 4 representatives of private forest
landowners or the forestry and forest products industry
appointed in a manner that is broadly representative of the
private forest sector;
(vi) not more than 4 representatives of the relevant
scientific research community, including not fewer than 2
representatives from land-grant colleges and universities (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)), of which 1 shall be a representative of a
college or university eligible to receive funds under the Act
of August 30, 1890 (commonly known as the ``Second Morrill
Act'') (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.),
including Tuskegee University;
(vii) not more than 2 experts or professionals familiar
with voluntary environmental credit markets and the
verification requirements in those markets;
(viii) not more than 3 members of nongovernmental or civil
society organizations with relevant expertise, of which not
fewer than 1 shall represent the interests of socially
disadvantaged groups;
(ix) not more than 3 members of private sector entities or
organizations that participate in voluntary environmental
credit markets through which agriculture or forestry credits
are bought and sold; and
(x) any other individual whom the Secretary determines to
be necessary to ensure that the Advisory Council is composed
of a diverse group of representatives of industry, academia,
independent researchers, and public and private entities.
(D) Chair.--The Secretary shall designate a member of the
Advisory Council to serve as the Chair.
(E) Terms.--
(i) In general.--The term of a member of the Advisory
Council shall be 2 years, except that, of the members first
appointed--
(I) not fewer than 8 members shall serve for a term of 1
year;
(II) not fewer than 12 members shall serve for a term of 2
years; and
(III) not fewer than 12 members shall serve for a term of 3
years.
(ii) Additional terms.--After the initial term of a member
of the Advisory Council, including the members first
appointed, the member may serve not more than 4 additional 2-
year terms.
(3) Meetings.--
(A) Frequency.--The Advisory Council shall meet not less
frequently than annually, at the call of the Chair.
(B) Initial meeting.--During the 90-day period beginning on
the date on which the members are appointed under paragraph
(2)(A), the Advisory Council shall hold an initial meeting.
(4) Duties.--The Advisory Council shall--
(A) periodically review and recommend any appropriate
changes to--
(i) the list of protocols and description of qualifications
published by the Secretary under subsection (d)(1)(A); and
(ii) the requirements described in subsection (d)(1)(B);
(B) make recommendations to the Secretary regarding the
best practices that should be included in the protocols,
description of qualifications, and requirements described in
subparagraph (A); and
(C) advise the Secretary regarding--
(i) the current methods used by voluntary environmental
credit markets to quantify and verify the prevention,
reduction, and mitigation of greenhouse gas emissions or
sequestration of carbon;
(ii) additional considerations for certifying covered
entities under the Program;
(iii) means to reduce barriers to entry in the business of
providing technical assistance or the verification of the
processes described in protocols for voluntary environmental
credit markets for covered entities, including by improving
technical assistance provided by the Secretary;
(iv) means to reduce compliance and verification costs for
farmers, ranchers, and private forest landowners in entering
voluntary environmental credit markets, including through
mechanisms and processes to aggregate the value of activities
across land ownership;
(v) issues relating to land and asset ownership in light of
evolving voluntary environmental credit markets; and
(vi) additional means to reduce barriers to entry in
voluntary environmental credit markets for farmers, ranchers,
and private forest landowners, particularly for historically
underserved, socially disadvantaged, or limited resource
farmers, ranchers, or private forest landowners.
(5) Compensation.--The members of the Advisory Council
shall serve without compensation.
(6) Conflict of interest.--The Secretary shall prohibit any
member of the Advisory Council from--
(A) engaging in any determinations or activities of the
Advisory Council that may result in the favoring of, or a
direct and predictable effect on--
(i) the member or a family member, as determined by the
Secretary;
(ii) stock owned by the member or a family member, as
determined by the Secretary; or
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(iii) the employer of, or a business owned in whole or in
part by, the member or a family member, as determined by the
Secretary; or
(B) providing advice or recommendations regarding, or
otherwise participating in, matters of the Advisory Council
that--
(i) constitute a conflict of interest under section 208 of
title 18, United States Code; or
(ii) may call into question the integrity of the Advisory
Council, the Program, or the technical assistance or
verification activities described under subsection (d)(2).
(7) FACA applicability.--The Advisory Council shall be
subject to the Federal Advisory Committee Act (5 U.S.C.
App.), except that section 14(a)(2) of that Act shall not
apply.
(h) Assessment.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
shall--
(A) conduct an assessment, including by incorporating
information from existing publications and reports of the
Department of Agriculture and other entities with relevant
expertise, regarding--
(i) the number and categories of non-Federal actors in the
nonprofit and for-profit sectors involved in buying, selling,
and trading agriculture or forestry credits in voluntary
environmental credit markets;
(ii) the estimated overall domestic market demand for
agriculture or forestry credits at the end of the preceding
4-calendar year period, and historically, in voluntary
environmental credit markets;
(iii) the total number of agriculture or forestry credits
(measured in metric tons of carbon dioxide equivalent) that
were estimated to be in development, generated, or sold in
market transactions during the preceding 4-calendar year
period, and historically, in voluntary environmental credit
markets;
(iv) the estimated supply and demand of metric tons of
carbon dioxide equivalent of offsets in the global
marketplace for the next 4 years;
(v) the barriers to entry due to compliance and
verification costs described in subsection (g)(4)(C)(iv);
(vi) the state of monitoring and measurement technologies
needed to quantify long-term carbon sequestration in soils
and from other activities to prevent, reduce, or mitigate
greenhouse gas emissions in the agriculture and forestry
sectors;
(vii) means to reduce barriers to entry into voluntary
environmental credit markets for small, beginning, and
socially disadvantaged farmers, ranchers, and private forest
landowners and the extent to which existing protocols in
voluntary environmental credit markets allow for aggregation
of projects among farmers, ranchers, and private forest
landowners;
(viii) means to leverage existing Department of Agriculture
programs and other Federal programs that could improve, lower
the costs of, and enhance the deployment of monitoring and
measurement technologies described in clause (vi);
(ix) the potential impact of Department of Agriculture
activities on supply and demand of agriculture or forestry
credits;
(x) the potential role of the Department of Agriculture in
encouraging innovation in voluntary environmental credit
markets;
(xi) the extent to which the existing regimes for
generating and selling agriculture or forestry credits, as
the regimes exist at the end of the preceding 4-calendar year
period, and historically, and existing voluntary
environmental credit markets, may be impeded or constricted,
or achieve greater scale and reach, if the Department of
Agriculture were involved, including by considering the role
of the Department of Agriculture in reducing the barriers to
entry identified under clause (v), including by educating
stakeholders about voluntary environmental credit markets;
(xii) the extent to which existing protocols in voluntary
environmental credit markets, including verification,
additionality, permanence, and reporting, adequately take
into consideration and account for factors encountered by the
agriculture and private forest sectors in preventing,
reducing, or mitigating greenhouse gases or sequestering
carbon through agriculture and forestry practices,
considering variances across regions, topography, soil types,
crop or species varieties, and business models;
(xiii) the extent to which existing protocols in voluntary
environmental credit markets consider options to ensure the
continued valuation, through discounting or other means, of
agriculture and forestry credits in the case of the practices
underlying those credits being disrupted due to unavoidable
events, including production challenges and natural
disasters; and
(xiv) opportunities for other voluntary markets outside of
voluntary environmental credit markets to foster the trading,
buying, or selling of credits that are derived from
activities that provide other ecosystem service benefits,
including activities that improve water quality, water
quantity, wildlife habitat enhancement, and other ecosystem
services, as the Secretary determines appropriate;
(B) publish the assessment; and
(C) submit the assessment to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives.
(2) Quadriennial assessment.--The Secretary, in
consultation with the Administrator of the Environmental
Protection Agency and the Advisory Council, shall conduct the
assessment described in paragraph (1)(A) and publish and
submit the assessment in accordance with subparagraphs (B)
and (C) of paragraph (1) every 4 years after the publication
and submission of the first assessment under subparagraphs
(B) and (C) of paragraph (1).
(i) Report.--Not later than 2 years after the date on which
the Program is established, and every 2 years thereafter, the
Secretary shall publish and submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives a
report describing, for the period covered by the report--
(1) the number of covered entities that--
(A) were registered under the Program;
(B) were new registrants under the Program, if applicable;
and
(C) did not renew their registration under the Program, if
applicable;
(2) each covered entity the certification of which was
revoked by the Secretary under subsection (e)(8);
(3) a review of the outcomes of the Program, including--
(A) the ability of farmers, ranchers, and private forest
landowners, including small, beginning, and socially
disadvantaged farmers, ranchers, and private forest
landowners, to develop agriculture or forestry credits
through covered entities certified under the Program;
(B) methods to improve the ability of farmers, ranchers,
and private forest landowners to overcome barriers to entry
to voluntary environmental credit markets; and
(C) methods to further facilitate participation of farmers,
ranchers, and private forest landowners in voluntary
environmental credit markets; and
(4) any recommendations for improvements to the Program.
(j) Confidentiality.--
(1) Prohibition.--
(A) In general.--Except as provided in paragraph (2), the
Secretary, any other officer or employee of the Department of
Agriculture or any agency of the Department of Agriculture,
or any other person may not disclose to the public the
information held by the Secretary described in subparagraph
(B).
(B) Information.--
(i) In general.--Except as provided in clause (ii), the
information prohibited from disclosure under subparagraph (A)
is--
(I) information collected by the Secretary or published by
the Secretary under subsection (h) or (i);
(II) personally identifiable information, including in a
contract or service agreement, of a farmer, rancher, or
private forest landowner, obtained by the Secretary under
paragraph (7) or (8)(B)(i) of subsection (e); and
(III) confidential business information in a contract or
service agreement of a farmer, rancher, or private forest
landowner obtained by the Secretary under paragraph (7) or
(8)(B)(i) of subsection (e).
(ii) Aggregated release.--Information described in clause
(i) may be released to the public if the information has been
transformed into a statistical or aggregate form that does
not allow the identification of the person who supplied or is
the subject of the particular information.
(2) Exception.--Paragraph (1) shall not prohibit the
disclosure--
(A) of the name of any covered entity published and
submitted by the Secretary under subsection (i)(2); or
(B) by an officer or employee of the Federal Government of
information described in paragraph (1)(B) as otherwise
directed by the Secretary or the Attorney General for
enforcement purposes.
(k) Funding.--
(1) Authorization of appropriations.--In addition to the
amount made available under paragraph (2), there is
authorized to be appropriated to carry out this section
$1,000,000 for each of fiscal years 2022 through 2026.
(2) Direct funding.--
(A) Rescission.--There is rescinded $4,100,000 of the
unobligated balance of amounts made available by section 1003
of the American Rescue Plan Act of 2021 (Public Law 117-2).
(B) Direct funding.--If sufficient unobligated amounts made
available by section 1003 of the American Rescue Plan Act of
2021 (Public Law 117-2) are available on the date of
enactment of this Act to execute the entire rescission
described in subparagraph (A), then on the day after the
execution of the entire rescission, there is appropriated to
the Secretary, out of amounts in the Treasury not otherwise
appropriated, $4,100,000 to carry out this section.
______