[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.

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