[Congressional Record Volume 167, Number 110 (Thursday, June 24, 2021)]
[Senate]
[Pages S4736-S4743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE SESSION
______
GROWING CLIMATE SOLUTIONS ACT OF 2021
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will proceed to the consideration of S. 1251, which the clerk
will report.
The senior assistant legislative clerk read as follows:
A bill (S. 1251) to authorize the Secretary of Agriculture
to develop a program to reduce barriers to entry for farmers,
ranchers, and private forest landowners in certain voluntary
markets, and for other purposes.
Amendment No. 2119
(Purpose: In the nature of a substitute.)
Mr. LEE. Madam President, I call up my amendment No. 2119 and ask
that it be reported by number.
The ACTING PRESIDENT pro tempore. The clerk will report the amendment
by number.
The senior assistant legislative clerk read as follows:
The Senator from Utah [Mr. Lee] proposes an amendment
numbered 2119.
(The amendment is printed in the Record of June 22, 2021, under
``Text of Amendments.'')
Mr. LEE. Madam President, as Americans want to buy more clean and
green products, the market has been finding solutions to provide those
products.
The Growing Climate Solutions Act before us, however, will not.
Though it seeks to aid the carbon credit market, it could ultimately
serve only to quell it. Let's just take a look at how the carbon credit
market currently works.
Farmers, ranchers, and private foresters develop these credits to
sell by taking actions to either limit their greenhouse gas emissions
or to capture greenhouse gas emissions from the atmosphere. They work
with technical assistance providers to know how to do so and then with
third-party verifiers who make sure that the proper standards are met.
Companies can then purchase the credits to offset their carbon
emissions, and they can also sell unused credits to other companies
wanting to offset their carbon emissions. It is a voluntary exchange
and an example of the market working as it ought to work.
As the demand for these credits grows, more farmers, ranchers, and
foresters would explore this revenue-generating market, more technical
assistance providers and third-party verifiers would emerge, and
potentially innovation would occur with new types of entities emerging
to create and sell carbon credits beyond these initial three.
So what would the bill do? It would establish a USDA certification
program for the technical assistance providers and third-party
verifiers involved in creating carbon credits on grounds that it would
help small farmers better understand the carbon credit market and know
with whom they may work.
[[Page S4737]]
In other words, it would create a massive accreditation program that
would potentially hamper, not foster, innovation. It would insert the
Federal Government into a market that is blossoming on its own,
imposing burdensome regulation and picking winners and losers in the
carbon credit marketplace.
To make matters worse, it would corrupt the financial incentives of
the market by allowing the USDA to cap revenues and generally regulate
the sale of these credits.
Though it aims to help small farmers to participate in this market,
it could easily be manipulated to demand the USDA set unusually high
protocols and qualifications and then drive carbon credit purchasers
solely to credit sellers working with those who fit and comply with the
edicts of the Federal Government.
This will ultimately only impose obstacles for farmers, ranchers, and
foresters, impede potential new participants, and, in the end, hurt the
environment. That is why I am offering an alternative.
My amendment would transform this program into a transparent,
informational resource for farmers, ranchers, and private foresters as
they look for technical assistance providers and third-party verifiers.
It would include common qualifications and common practices of these
entities and a list of providers and verifiers that they could reach
out to for assistance.
The Federal Government ought to get out of the way for the carbon
credit market to continue innovating and thriving, not squash it. The
American Energy Alliance agrees and has issued a favorable vote
recommendation.
For all of these reasons, I urge my colleagues to support this
amendment.
The ACTING PRESIDENT pro tempore. The Senator from Arkansas
Mr. BOOZMAN. Madam President, our farmers, ranchers, and foresters
are the greatest stewards of the land, and many have been working for a
long time to preserve natural resources and protect the environment
through on-farm practices. And now, more than ever, farmers, ranchers,
and private forest landowners are looking to explore opportunities to
benefit financially through emerging voluntary environmental credit
markets.
New opportunities to generate benefits through environmental
practices hold a great deal of promise. However, producers and
landowners must navigate a complex and costly landscape in order to
access these markets.
The Growing Climate Solutions Act provides a framework for producers
to access technical assistance, guidance, and resources in these
emerging markets as they investigate whether to pursue this new
opportunity.
USDA certification of entities who will assist farmers in how best to
navigate these markets will improve market integrity and provide
farmers and ranchers more confidence as they take the first steps. The
information gathered by USDA through the certification process will
serve as a reliable resource to producers seeking to learn about both
the entities involved and the practices being implemented to generate
credits that are transacted in voluntary environmental credit markets.
These markets and the key players are evolving very quickly, and this
bill directs USDA to first assess the current state of voluntary
environmental credit markets because it is important that we all have
an understanding of the landscape first.
Further, this bill is farmer-friendly. It acknowledges that for
farmers and ranchers to be successful, there cannot be a one-size-fits-
all approach. A corn farmer in Indiana, a cherry farmer in Michigan,
and a rice farmer in Arkansas have different soil types and varying
potential for carbon sequestration. So this bill recognizes the
diversity of agriculture and the practices that may be employed by
farmers. It provides educational resources for producers who decide
this new market opportunity works for their unique business model.
The bill ensures farmers comprise a majority on the USDA advisory
committee and protects the information farmers and ranchers share as
part of the program.
For these market to work, they must work for our farmers, foresters,
ranchers, and landowners. In order to do that, they must be at the
table. This bill provides our stakeholders that voice.
Finally, this bill epitomizes a great deal of bipartisan work, while
addressing the pressing needs of farmers, ranchers, and foresters. I
thank Senators Braun and Stabenow for helping us to make this the best
bill possible.
Many farmers and stakeholders are excited about this legislation, as
are many Members who cosponsored the bill and voted to report it out of
committee.
The bipartisan nature of the work of the committee was exciting to
see. We came together and accomplished something significant. I hope
this spirit of cooperation continues as Congress considers new policies
on climate change.
We need to ensure that any policies are farmer-friendly and farmer-
focused, remain voluntarily, and avoid a one-size-fits-all approach.
Again, thank you to Chairwoman Stabenow and Senator Braun for their
efforts. I look forward to the debate and very much support the bill
through final passage.
With that, I yield to Senator Braun.
The ACTING PRESIDENT pro tempore. The Senator from Indiana.
Mr. BRAUN. Madam President, in the Senate here, prior to getting
here, I have been a tree farmer since the late eighties and have been
involved in the agricultural part of farming, other than driving the
tractor, for a long time. And farming has got to be one of the most
difficult things God ever created in terms of a complicated business
that involves risk for a return that, in many cases, just isn't there.
Thank goodness, currently, the markets are rewarding that effort and
that great risk.
Environmental credits present an incredible opportunity for American
farmers because that bottom line is so meager to begin with. And when
you have got voluntarily markets out there that are wanting to reward
good stewardship, it should be easy. But significant barriers still
remain.
In today's market, if you are a small farmer, you are not able to
connect with these markets. Only the large farmers, both tree and egg,
can do it. This simplifies it; it democratizes it; and it does
something, finally, that that small guy, the landowner, the American
family farmer, can get some benefit for his or her good stewardship.
The Growing Climate Solutions Act creates a USDA certification
program for third-party technical providers and verifiers. It allows
the USDA to provide legitimacy to the trustworthy actors in the
marketplace. And what is really unusual, in the short time I have been
here in the U.S. Senate--it was a surprise yesterday, when I told some
folks we are actually voting on something on the floor, and it has 55
cosponsors, almost evenly split between Democrats and Republicans.
More than 100 outside organizations back the bill. Farm bureaus,
which are generally very conservative about doing anything where they
are going to endorse, stick their neck out, across the board like it. I
won't mention all the others. It also does it without adding a dime to
our deficit. So it is doing something that has got bipartisan support,
tapping voluntary markets, and just providing that portal that all
farmers are familiar with to use as the way they take advantage of it.
We are demonstrating the right solution. We are making a statement
that we need to be involved in addressing climate, and we are doing it
in a place where, thank goodness, agriculture in this country is only
10 percent of the CO2 emissions. The rest is spread among
electric generation, transportation, industrial emitters.
What that says, when it is 25 percent emissions across the world due
to agriculture, there is a lot to be learned from this as well.
A quick comment on the amendment that we are going to vote on. The
key point is, under both the underlying bill and the Lee amendment, the
USDA will publish a list of entities on a USDA website for farmers to
use.
The Senate Ag Committee worked closely with the Agency, both Under
Secretaries Perdue and Vilsack, to ensure the bill provided the
necessary quality checks so that the folks certified under the program
know what they are doing.
The Lee amendment keeps the website but strikes these requirements.
[[Page S4738]]
This is why groups like the American Farm Bureau write that Senator
Lee's amendment would dilute farmers' influence in the composition of
the bill's advisory panel and also removes critical protections in the
base bill.
I urge my colleagues to oppose the Lee amendment and to support the
underlying bill
There being no objection, the material was ordered to be printed in
the Record, as follows:
American Farm Bureau Federation,
Washington, DC, June 23, 2021.
Members of the U.S. Senate,
Washington, DC.
Dear Senator, The American Farm Bureau Federation supports
S. 1251, the bipartisan Growing Climate Solutions Act of
2021, and urges its adoption by the Senate.
The Growing Climate Solutions Act would create a
certification program at USDA to help solve technical entry
barriers for farmers, ranchers and forest landowners who wish
to participate in voluntary carbon credit markets. Lack of
access to reliable information about markets, qualified
technical assistance providers, and credit protocol verifiers
has limited both landowner participation and the adoption of
practices.
S. 1251 seeks to provide more clarity and guidance for
farmers, ranchers and forest landowners who want to provide
the ecosystem services that many consumers and businesses are
desiring. This builds upon American agriculture's strong
foundation of environmental stewardship.
Farm Bureau opposes the Lee amendment and any other
amendments that would undermine the bill. The Lee amendment
would replace the balanced, and widely supported, program
outlined in the current bill with a haphazard alternative
program that would undermine confidence in the private
marketplace. Sen. Lee's amendment goes on to dilute farmer
influence in the composition of the bill's advisory panel,
and also removes critical protections in the base bill to
ensure farmers and ranchers receive their fair share of
proceeds under voluntary environmental credit markets.
The Growing Climate Solutions Act of 2021 is a carefully
crafted bipartisan bill with over half the Senate supporting
as cosponsors. Your vote in opposition to the Lee amendment
and in support of final passage of the overall bill is key to
Farm Bureau.
Sincerely,
Zippy Duvall,
President.
____
June 15, 2021.
Re Support Final Passage of S. 1251.
Members of the U.S. Senate,
Washington, DC.
Dear Members of the U.S. Senate, We write to lend our
support for the Growing Climate Solutions Act without changes
or amendments that would weaken the bill. Our organizations
recognize that there is immense potential for agricultural
and forestry-based natural climate solutions to meaningfully
contribute to the fight against climate change. Farmers,
ranchers, and foresters are on the front lines of severe
weather events that are exacerbated by the changing climate.
The Growing Climate Solutions Act will help producers remain
resilient in the face of these threats and accelerate their
contribution to a solution.
The Growing Climate Solutions Act is a thoughtful and
nuanced piece of legislation that ensures that farmers are at
the forefront in tapping into the potential benefits of a
market-based revenue system that rewards climate-smart
agricultural practices. The bill is also drafted to ensure
that benefits and revenues realized under voluntary market
regimes are designed to be equitably distributed among all
farmers, including small and beginning farmers, historically
underserved farmers, and socially disadvantaged farmers. The
bill makes tangible progress in highlighting these important
stakeholders throughout.
Thank you again for your leadership on this important
legislation. We are proud to lend our support to the Growing
Climate Solutions Act and encourage the Senate to the pass
without changes or amendments that would weaken the bill and
at the earliest possible date.
Sincerely,
Citizens Climate Lobby,
Environmental Defense Fund,
The Evangelical Environmental Network,
National Audubon Society,
National Wildlife Federation,
The Nature Conservancy.
____
Corn Refiners Association,
Washington, DC.
The Corn Refiners Association (CRA) strongly supports final
passage of S. 1251, the Growing Climate Solutions Act of
2021. This bipartisan legislation reduces technical entry
barriers for producers and forest owners interested in
participating in voluntary carbon markets and supports our
sector's role in delivering innovative climate solutions.
The Growing Climate Solutions Act reflects CRA's climate
change principles, which guide our industry's advocacy to
ensure a more sustainable future for corn refining,
agriculture, and consumers. By lowering this barrier to
entry, S. 1251 creates an easier way for landowners to be
financially rewarded for the voluntary, sustainable steps
they are taking through selling carbon credits.
Unfortunately, the amendment proposed by Senator Mike Lee
(R-UT) would undercut the central function of this bill by
removing most of the scientific and good governance
requirements to become certified under the bill's central
program by the U.S. Department of Agriculture. Without these
critical protections, many farmers and producers will not
have access to reliable information, resulting in unrealistic
cost estimates and loss of trust in the carbon markets. Lee's
amendment would also remove protections for farmers already
certified under the program and would remove the
legislation's focus on equity that is intended to ensure
farmers of color would benefit from the program and inform
its creation.
For these reasons, we strongly urge you to vote No on the
Lee amendment and Yes on final passage of S. 1251, the
Growing Climate Solutions Act. If there are any questions
about our position, or interest in holding a brief discussion
on the legislation or Lee's amendment, please contact me.
Thank you for your consideration.
Sincerely,
Robin J. Bowen,
Senior Vice President, External Affairs.
____
Citizens for Responsible
Energy Solutions,
Washington, DC, June 23, 2021.
Hon. Mike Braun.
Washington, DC.
Dear Senator Braun, On behalf of Citizens for Responsible
Energy Solutions (CRES), I am writing to offer CRES' strong
support for S. 1251, the Growing Climate Solutions Act
(GCSA). This bill was reported by the Senate Agriculture
Committee on a unanimous vote and has been cosponsored by 24
Republican Senators. CRES urges the Senate to pass this
bipartisan legislation in its current form.
GCSA will break down barriers for farmers, ranchers, and
landowners to participate in voluntary carbon credit markets.
The bill directs the U.S. Department of Agriculture (USDA) to
establish a program to certify third-party verifiers and
technical assistance providers. This program will connect
producers to the experts that will help them earn an
additional stream of revenue by monetizing conservation
practices, which already produce many soil, water, and air
benefits.
This bill establishes a council comprised primarily of
experienced farmers and ranchers to advise USDA on program
implementation and standards, which will ensure that
producers come first in this limited-government approach.
GCSA also contains provisions guaranteeing that the program
will remain voluntary, that third parties will provide
accurate estimates of costs and revenues, and that revenues
will be distributed fairly to farms of all types and sizes.
These provisions are among the reasons the GCSA has the
overwhelming support of agricultural leaders, including
endorsements from the American Farm Bureau, National Corn
Growers Association, and American Soybean Association.
Addressing climate change while strengthening our
international competitiveness will require innovation across
all sectors of our economy--including agriculture. CRES
thanks you and Chairwoman Stabenow and Ranking Member
Boozman, for your judicious, bipartisan work on this
commonsense legislation that puts agriculture first while
providing a real path for decreased carbon emissions. S.
1251, in its current form, should be expeditiously passed by
the U.S. Senate.
Thank you for your leadership on this critical issue.
Sincerely,
Heather Reams,
Executive Director.
____
Food and Agriculture
Climate Alliance,
June 23, 2021.
Re Support Final Passage of S. 1251 and Oppose Lee Amendment.
To the Members of the U.S. Senate: The Food and Agriculture
Climate Alliance (FACA) strongly supports final passage of S.
1251, the Growing Climate Solutions Act of 2021. This
bipartisan legislation reduces technical entry barriers for
producers and forest owners interested in participating in
voluntary carbon markets. FACA consists of nearly 80
organizations representing farmers, ranchers, forest owners,
agribusinesses, manufacturers, the food and innovation
sector, state governments, sportsmen and environmental
advocates. We commend Senate Agriculture Committee Chairwoman
Debbie Stabenow (D-Mich.), Ranking Member John Boozman (R-
Ark.) and Senator Mike Braun (R-lnd.) for crafting
overwhelmingly bipartisan legislation that supports our
sectors' role in delivering innovative climate solutions.
One of FACA's guiding principles states that federal
climate policy must be built upon voluntary, incentive-based
programs and market-driven opportunities. By fostering the
growth of voluntary markets, S. 1251 does just that.
Unfortunately, the amendment proposed by Senator Mike Lee
(R-Utah) undercuts the
[[Page S4739]]
central function of this bill by eliminating the scientific
and good governance requirements that technical assistance
providers and third-party verifiers would need to meet to
become certified by the U.S. Department of Agriculture. The
certification program is critical to ensure that farmers are
protected in the emerging marketplace and have access to
reliable information.
For these reasons, we strongly urge you to vote No on the
Lee amendment and Yes on final passage of S. 1251, the
Growing Climate Solutions Act.
Sincerely,
Agriculture & Applied Economics Association, Agriculture
Retailers Association, Alabama Farmers Federation, American
Association of Veterinary Medical Colleges, American Biagas
Council, American Farm Bureau Federation, American Feed
Industry Association, American Mushroom Institute, American
Seed Trade Association, American Society of Animal Science,
American Soybean Association, American Sugar Alliance,
Arizona Farm Bureau Federation, Association of Equipment
Manufacturers, Association of Public & Land Grant
Universities.
Biological Products Industry Alliance, Biotechnology
Innovation Organization, California Farm Bureau Federation,
Center for Rural Affairs, Colorado Farm Bureau, Composite
Panel Association, Corn Refiners Association, Crop Insurance
and Reinsurance Bureau, Croplife America, Ducks Unlimited,
Environmental Defense Fund, Evangelical Environmental
Network, Farm Credit Council, Farm Journal Foundation,
Florida Farm Bureau Federation.
FMI--The Food Industry Association, Global Cold Chain
Alliance, Growth Energy, Illinois Farm Bureau, Indiana
Agriculture Coalition for Renewable Energy, Indiana Farm
Bureau, Iowa Farm Bureau, Kentucky Farm Bureau, Land Trust
Alliance, Louisiana Farm Bureau Federation, Michigan Farm
Bureau, Minnesota Farm Bureau, National Alliance of Forest
Owners, National Association for the Advancement of Animal
Science, National Association of State Departments of
Agriculture.
National Association of University Forest Resource
Programs, National Cattlemen's Beef Association, National
Corn Growers Association, National Cotton Council, National
Council of Farmer Cooperatives, National Farmers Union,
National Grange, National Milk Producers Federation, National
Pork Producers Council, National Potato Council, New Mexico
Farm and Livestock Bureau, New York Farm Bureau, North
American Meat Institute, North American Millers' Association,
North Carolina Farm Bureau Federation.
North Dakota Grain Growers Association, Ohio Farm Bureau
Federation, Oklahoma Farm Bureau, Pennsylvania Farm Bureau,
Pheasants Forever & Quail Forever, Produce Marketing
Association, Shellfish Growers Climate Coalition, Society of
American Foresters, Supporters of Agricultural Research
(SoAR) Foundation, The Federation of Southern Cooperatives,
The Fertilizer Institute, The National Institute for Animal
Agriculture, The Nature Conservancy, Theodore Roosevelt
Conservation Partnership, Trout Unlimited, U.S. Durum Growers
Association, USA Rice, Vermont Farm Bureau.
Mr. BRAUN. I yield the floor.
Ms. STABENOW. Madam President.
The ACTING PRESIDENT pro tempore. The Senator from Michigan.
Ms. STABENOW. Madam President, I rise today in support of S. 1251,
the Growing Climate Solutions Act. I first want to thank my partner in
this landmark legislation, Senator Braun, and my partner and ranking
member on the committee, Senator Boozman, for his leadership and
helping us improve this bill and getting it to where we are right now.
Our farmers and ranchers are battling the consequences of carbon
pollution and other greenhouse gases every day. They are on the
frontlines every day. Producers are having to deal with higher highs
and lower lows more so than ever before.
Even as we speak, the Southeast is recovering from catastrophic
flooding as a result of Hurricane Claudette, and the West is facing
record heat that threatens the health of farmers and farmworkers in an
unprecedented wildfire season. Nearly half of the country is in
drought, including 90 percent of my home State of Michigan--90 percent.
It could not be clearer that climate is in crisis.
The good news is that farmers and foresters are already leading the
way on the climate crisis, as my colleagues have said, through their
many conservation efforts. They work to reduce their impact every day
through conservation practices that cut down on emissions and store
carbon in their soil and trees.
According to the National Academies, scaling up these climate-smart
agriculture and forestry practices in the United States could offset
the annual emissions of nearly 110 million cars. And I am from the car
State, Madam President. I still want you to buy an automobile. But this
is very significant.
The Growing Climate Solutions Act is a key piece of the enormous
potential that land-based solutions have to help solve this crisis.
This bill gives producers even more effective tools to lead and new
opportunities for economic successes as well.
The bill equips producers to succeed by doing three things. First, it
sets up a network of trusted outside experts and third-party verifiers,
certified by the USDA, to provide technical assistance and help
producers generate and sell their voluntary carbon credits, which, by
the way, Senator Lee's amendment would gut, which is why I do not
support that amendment.
Then it creates a comprehensive online resource, a one-stop shop, to
help our farmers get the information they need and create income by
providing sustainable practices through voluntary carbon markets and
traditional USDA conservation programs.
Finally, it sets up a very important advisory council made up of a
majority of farmers and foresters with tremendous diversity, as well as
representatives from the research community and the private industry,
to help guide the USDA as they put this together.
The bottom line: It gives them the opportunity to work with the U.S.
Department of Agriculture to design a carbon market that works for
them, not Wall Street. In other words this, bill puts farmers and
foresters first.
More than 175 advocates, organizations, and companies support this
bill. They see it as a win-win for agriculture and the environment.
That coalition is mirrored in the broad support we have here in the
U.S. Senate, with now upwards of 55 cosponsors who have joined in this
bill. Given today's politics, that says a lot about what this bill
represents.
Solving the climate crisis is a critical challenge for all of us, and
today we are taking landmark steps toward supporting agriculture and
forestry leadership in addressing this.
I encourage all of my colleagues to vote yes on the Growing Climate
Solutions Act, to vote no on the Lee amendment, which would essentially
gut the bill, and allow us, in this tremendous bipartisan effort, to
move forward on something very important.
I yield the floor.
Vote on Amendment No. 2119
Madam President, I would ask unanimous consent that the scheduled
vote occur immediately.
The ACTING PRESIDENT pro tempore. Is there objection?
Without objection, it is so ordered.
The question is on agreeing to amendment No. 2119.
Mr. LEE. I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant bill clerk called the roll.
The result was announced--yeas 11, nays 89, as follows:
[Rollcall Vote No. 250 Leg.]
YEAS--11
Cotton
Cruz
Hagerty
Hawley
Johnson
Lankford
Lee
Paul
Scott (FL)
Sullivan
Toomey
NAYS--89
Baldwin
Barrasso
Bennet
Blackburn
Blumenthal
Blunt
Booker
Boozman
Braun
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cramer
Crapo
Daines
Duckworth
Durbin
Ernst
Feinstein
Fischer
Gillibrand
Graham
Grassley
Hassan
Heinrich
Hickenlooper
Hirono
Hoeven
Hyde-Smith
Inhofe
Kaine
Kelly
Kennedy
King
Klobuchar
Leahy
Lujan
Lummis
Manchin
Markey
Marshall
McConnell
Menendez
Merkley
Moran
Murkowski
Murphy
Murray
Ossoff
Padilla
Peters
Portman
Reed
Risch
Romney
Rosen
Rounds
Rubio
Sanders
Sasse
Schatz
Schumer
Scott (SC)
Shaheen
Shelby
Sinema
Smith
Stabenow
Tester
Thune
Tillis
Tuberville
Van Hollen
Warner
Warnock
Warren
Whitehouse
Wicker
Wyden
Young
The amendment (No. 2119) was rejected
The bill was ordered to be engrossed for a third reading and was read
the third time.
[[Page S4740]]
The PRESIDING OFFICER (Mr. Lujan). The bill having been read the
third time, the question is, Shall the bill pass?
Mr. CARPER. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
The result was announced--yeas 92, nays 8, as follows:
[Rollcall Vote No. 251 Leg.]
YEAS--92
Baldwin
Barrasso
Bennet
Blackburn
Blumenthal
Blunt
Boozman
Braun
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Cruz
Daines
Duckworth
Durbin
Ernst
Feinstein
Fischer
Gillibrand
Graham
Grassley
Hagerty
Hassan
Heinrich
Hickenlooper
Hirono
Hoeven
Hyde-Smith
Johnson
Kaine
Kelly
Kennedy
King
Klobuchar
Lankford
Leahy
Lujan
Lummis
Manchin
Marshall
McConnell
Menendez
Moran
Murkowski
Murphy
Murray
Ossoff
Padilla
Paul
Peters
Portman
Reed
Risch
Romney
Rosen
Rounds
Rubio
Sasse
Schatz
Schumer
Scott (FL)
Scott (SC)
Shaheen
Shelby
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Tuberville
Van Hollen
Warner
Warnock
Whitehouse
Wicker
Wyden
Young
NAYS--8
Booker
Hawley
Inhofe
Lee
Markey
Merkley
Sanders
Warren
The bill (S. 1251) was passed, as follows
S. 1251
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 ``Growing Climate Solutions
Act of 2021''.
SEC. 2. 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.
(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;
[[Page S4741]]
(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--
(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
[[Page S4742]]
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
(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).
[[Page S4743]]
(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.
The PRESIDING OFFICER (Mr. Schatz). Under the previous order, the
motion to reconsider is considered made and laid upon the table.
____________________