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S. 1251, Growing Climate Solutions Act (June 14, 2021)

Summary

S. 1251, the Growing Climate Solutions Act, is a bill printed as Calendar No. 74 in the Senate. It was introduced on April 20, 2021 by Mr. Braun (for himself and others) and referred to the Committee on Agriculture, Nutrition, and Forestry. A notation records that it was reported by Ms. Stabenow, without amendment, on June 14, 2021. Its stated purpose is 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.

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Issuer
Congressional materials
Document type
Bills Bills 117S1251Rs Bills 117S1251Rs
Case
Bills Bills 117S1251Rs Bills 117S1251Rs

Cite this document

“S. 1251, Growing Climate Solutions Act (June 14, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s1251rs-bills-117s1251rs/, SHA-256 4b6584c0dadaecf2dcdb7050a92e65aa5eab63c1068f404d206e3c689622f0cb.

Full text

                                                                                                                                                                          II




                                                                                                                                              Calendar No. 74
                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                              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.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                     APRIL 20, 2021
                                                                       Mr. BRAUN (for himself, Ms. STABENOW, Mr. GRAHAM, Mr. WHITEHOUSE,
                                                                           Mr. BOOZMAN, Ms. KLOBUCHAR, Mrs. FISCHER, Mr. BENNET, Mr.
                                                                           GRASSLEY, Ms. SMITH, Ms. ERNST, Mr. COONS, Mr. THUNE, Mr. KING,
                                                                           Ms. COLLINS, Ms. ROSEN, Mr. YOUNG, Mr. BROWN, Mr. HOEVEN, Mrs.
                                                                           SHAHEEN, Mr. RUBIO, Mr. HEINRICH, Mr. CASSIDY, Mrs. FEINSTEIN,
                                                                           Ms. MURKOWSKI, Mr. CARPER, Mr. ROMNEY, Mr. WYDEN, Mr. CRAPO,
                                                                           Mr. LUJÁN, Mrs. HYDE-SMITH, Ms. BALDWIN, Ms. LUMMIS, Mr.
                                                                           WARNOCK, Mr. TUBERVILLE, Mr. MARSHALL, Mr. CORNYN, Mr.
                                                                           CRAMER, Mr. CASEY, Mr. PORTMAN, Mr. PETERS, Mr. DURBIN, Mr.
                                                                           SCHATZ, Mr. KELLY, Mr. SCOTT of South Carolina, Mr. BLUNT, Ms.
                                                                           HASSAN, Mr. ROUNDS, Ms. DUCKWORTH, Mr. KAINE, Ms. CORTEZ
                                                                           MASTO, and Mr. HICKENLOOPER) introduced the following bill; which
                                                                           was read twice and referred to the Committee on Agriculture, Nutrition,
                                                                           and Forestry

                                                                                                                JUNE 14, 2021
                                                                                                Reported by Ms. STABENOW, without amendment




                                                                                                                 A BILL
                                                                       To authorize the Secretary of Agriculture to develop a pro-




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                                                                          gram to reduce barriers to entry for farmers, ranchers,
                                                                          and private forest landowners in certain voluntary mar-
                                                                          kets, and for other purposes.

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                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Growing Climate Solu-
                                                                         5 tions Act of 2021’’.
                                                                         6     SEC. 2. GREENHOUSE GAS TECHNICAL ASSISTANCE PRO-

                                                                         7                             VIDER AND THIRD-PARTY VERIFIER CERTIFI-

                                                                         8                             CATION PROGRAM.

                                                                         9              (a) PURPOSES.—The purposes of this section are—
                                                                       10                         (1) to facilitate the participation of farmers,
                                                                       11               ranchers, and private forest landowners in voluntary
                                                                       12               environmental credit markets, including through the
                                                                       13               Program;
                                                                       14                         (2) to facilitate the provision of technical assist-
                                                                       15               ance through covered entities to farmers, ranchers,
                                                                       16               and private forest landowners in overcoming barriers
                                                                       17               to entry into voluntary environmental credit mar-
                                                                       18               kets;
                                                                       19                         (3) to assist covered entities in certifying under
                                                                       20               the Program; and
                                                                       21                         (4) to establish the Advisory Council to advise
                                                                       22               the Secretary regarding the Program and other re-
                                                                       23               lated matters.
                                                                       24               (b) DEFINITIONS.—In this section:



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                                                                         1                        (1) ADVISORY COUNCIL.—The term ‘‘Advisory
                                                                         2              Council’’ means the Greenhouse Gas Technical As-
                                                                         3              sistance Provider and Third-Party Verifier Certifi-
                                                                         4              cation Program Advisory Council established under
                                                                         5              subsection (g)(1).
                                                                         6                        (2) AGRICULTURE OR FORESTRY CREDIT.—The
                                                                         7              term ‘‘agriculture or forestry credit’’ means a credit
                                                                         8              derived from the prevention, reduction, or mitigation
                                                                         9              of greenhouse gas emissions or carbon sequestration
                                                                       10               on agricultural land or private forest land that may
                                                                       11               be bought or sold on a voluntary environmental cred-
                                                                       12               it market.
                                                                       13                         (3) BEGINNING FARMER OR RANCHER.—The
                                                                       14               term ‘‘beginning farmer or rancher’’ has the mean-
                                                                       15               ing given the term in section 2501(a) of the Food,
                                                                       16               Agriculture, Conservation, and Trade Act of 1990 (7
                                                                       17               U.S.C. 2279(a)).
                                                                       18                         (4) COVERED ENTITY.—The term ‘‘covered en-
                                                                       19               tity’’ means a person or State that either—
                                                                       20                                  (A) is a provider of technical assistance to
                                                                       21                         farmers, ranchers, or private forest landowners
                                                                       22                         in carrying out sustainable land use manage-
                                                                       23                         ment practices that—
                                                                       24                                          (i) prevent, reduce, or mitigate green-



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                                                                       25                                  house gas emissions; or


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                                                                         1                                         (ii) sequester carbon; or
                                                                         2                                 (B) is a third-party verifier entity that
                                                                         3                        conducts the verification of the processes de-
                                                                         4                        scribed in protocols for voluntary environmental
                                                                         5                        credit markets.
                                                                         6                        (5) GREENHOUSE GAS.—The term ‘‘greenhouse
                                                                         7              gas’’ means—
                                                                         8                                 (A) carbon dioxide;
                                                                         9                                 (B) methane;
                                                                       10                                  (C) nitrous oxide; and
                                                                       11                                  (D) any other gas that the Secretary, in
                                                                       12                         consultation with the Advisory Council, deter-
                                                                       13                         mines has been identified to have heat trapping
                                                                       14                         qualities.
                                                                       15                         (6) PROGRAM.—The term ‘‘Program’’ means
                                                                       16               the Greenhouse Gas Technical Assistance Provider
                                                                       17               and Third-Party Verifier Certification Program es-
                                                                       18               tablished under subsection (c).
                                                                       19                         (7) PROTOCOL.—The term ‘‘protocol’’ means a
                                                                       20               systematic approach that follows a science-based
                                                                       21               methodology that is transparent and thorough to es-
                                                                       22               tablish requirements—
                                                                       23                                  (A) for the development of projects to pre-
                                                                       24                         vent, reduce, or mitigate greenhouse gas emis-



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                                                                         1                        sions or sequester carbon that include 1 or
                                                                         2                        more baseline scenarios; and
                                                                         3                                 (B) to quantify, monitor, report, and verify
                                                                         4                        the prevention, reduction, or mitigation of
                                                                         5                        greenhouse gas emissions or carbon sequestra-
                                                                         6                        tion by projects described in subparagraph (A).
                                                                         7                        (8) SECRETARY.—The term ‘‘Secretary’’ means
                                                                         8              the Secretary of Agriculture.
                                                                         9                        (9) SOCIALLY                    DISADVANTAGED                    FARMER    OR

                                                                       10               RANCHER; SOCIALLY DISADVANTAGED GROUP.—The

                                                                       11               terms ‘‘socially disadvantaged farmer or rancher’’
                                                                       12               and ‘‘socially disadvantaged group’’ have the mean-
                                                                       13               ing given those terms in section 355(e) of the Con-
                                                                       14               solidated Farm and Rural Development Act (7
                                                                       15               U.S.C. 2003(e)).
                                                                       16                         (10)        TECHNICAL                  ASSISTANCE.—The                    term
                                                                       17               ‘‘technical assistance’’ means technical expertise, in-
                                                                       18               formation, and tools necessary to assist a farmer,
                                                                       19               rancher, or private forest landowner who is engaged
                                                                       20               in or wants to engage in a project to prevent, re-
                                                                       21               duce, or mitigate greenhouse gas emissions or se-
                                                                       22               quester carbon to meet a protocol.
                                                                       23                         (11)        VOLUNTARY                 ENVIRONMENTAL                     CREDIT

                                                                       24               MARKET.—The term ‘‘voluntary environmental cred-




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                                                                       25               it market’’ means a voluntary market through which


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                                                                         1              agriculture or forestry credits may be bought or
                                                                         2              sold.
                                                                         3              (c) ESTABLISHMENT.—
                                                                         4                        (1) IN GENERAL.—On the date that is 270 days
                                                                         5              after the date of enactment of this Act, and after
                                                                         6              making a positive determination under paragraph
                                                                         7              (2), the Secretary shall establish a voluntary pro-
                                                                         8              gram, to be known as the ‘‘Greenhouse Gas Tech-
                                                                         9              nical Assistance Provider and Third-Party Verifier
                                                                       10               Certification Program’’, to certify covered entities
                                                                       11               that the Secretary determines meet the requirements
                                                                       12               described in subsection (d).
                                                                       13                         (2) DETERMINATION.—The Secretary shall es-
                                                                       14               tablish the Program only if, after considering rel-
                                                                       15               evant information, including the information col-
                                                                       16               lected or reviewed relating to the assessment con-
                                                                       17               ducted under subsection (h)(1)(A), the Secretary de-
                                                                       18               termines that the Program will further each of the
                                                                       19               purposes described in paragraphs (1) and (2) of sub-
                                                                       20               section (a).
                                                                       21                         (3) REPORT.—If the Secretary determines
                                                                       22               under paragraph (2) that the Program would not
                                                                       23               further the purposes described in paragraph (1) or
                                                                       24               (2) of subsection (a) and does not establish the Pro-



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                                                                       25               gram, the Secretary shall publish a report describing


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                                                                         1              the reasons the Program would not further those
                                                                         2              purposes.
                                                                         3              (d) CERTIFICATION QUALIFICATIONS.—
                                                                         4                        (1) IN GENERAL.—
                                                                         5                                 (A) PROTOCOLS AND QUALIFICATIONS.—
                                                                         6                        After providing public notice and at least a 60-
                                                                         7                        day period for public comment, the Secretary
                                                                         8                        shall, during the 90-day period beginning on
                                                                         9                        the date on which the Program is established,
                                                                       10                         publish—
                                                                       11                                          (i) a list of, and documents relating
                                                                       12                                  to, recognized protocols for voluntary envi-
                                                                       13                                  ronmental credit markets that are designed
                                                                       14                                  to ensure consistency, reliability, effective-
                                                                       15                                  ness, efficiency, and transparency, includ-
                                                                       16                                  ing protocol documents and details relating
                                                                       17                                  to—
                                                                       18                                                   (I) calculations;
                                                                       19                                                   (II) sampling methodologies;
                                                                       20                                                   (III) accounting principles;
                                                                       21                                                   (IV)        systems            for      verification,
                                                                       22                                          monitoring, measurement, and report-
                                                                       23                                          ing; and
                                                                       24                                                   (V)        methods            to      account      for



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                                                                       25                                          additionality,               permanence,               leakage,


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                                                                         1                                         and, where appropriate, avoidance of
                                                                         2                                         double counting; and
                                                                         3                                         (ii) descriptions of qualifications for
                                                                         4                                 covered entities that—
                                                                         5                                                  (I) demonstrate that the covered
                                                                         6                                         entity can assist farmers, ranchers,
                                                                         7                                         and private forest landowners in ac-
                                                                         8                                         complishing the purposes described in
                                                                         9                                         paragraphs (1) and (2) of subsection
                                                                       10                                          (a); and
                                                                       11                                                   (II) demonstrate proficiency with
                                                                       12                                          the protocols described in clause (i).
                                                                       13                                  (B)         REQUIREMENTS.—Covered                              entities
                                                                       14                         certified under the Program shall maintain ex-
                                                                       15                         pertise in the protocols described in subpara-
                                                                       16                         graph (A)(i), adhere to the qualifications de-
                                                                       17                         scribed in subparagraph (A)(ii), and adhere to
                                                                       18                         any relevant conflict of interest requirements,
                                                                       19                         as determined appropriate by the Secretary,
                                                                       20                         for—
                                                                       21                                          (i) the provision of technical assist-
                                                                       22                                  ance to farmers, ranchers, and private for-
                                                                       23                                  est landowners for carrying out activities
                                                                       24                                  described in paragraph (2); or



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                                                                         1                                         (ii) the verification of the processes
                                                                         2                                 described in protocols for voluntary envi-
                                                                         3                                 ronmental credit markets that are used in
                                                                         4                                 carrying out activities described in para-
                                                                         5                                 graph (2).
                                                                         6                        (2) ACTIVITIES.—The activities for which cov-
                                                                         7              ered entities may provide technical assistance or con-
                                                                         8              duct verification of processes under the Program are
                                                                         9              current and future activities that prevent, reduce, or
                                                                       10               mitigate greenhouse gas emissions or sequester car-
                                                                       11               bon, which may include—
                                                                       12                                  (A) land or soil carbon sequestration;
                                                                       13                                  (B) emissions reductions derived from fuel
                                                                       14                         choice or reduced fuel use;
                                                                       15                                  (C) livestock emissions reductions, includ-
                                                                       16                         ing emissions reductions achieved through—
                                                                       17                                          (i) feeds, feed additives, and the use
                                                                       18                                  of byproducts as feed sources; or
                                                                       19                                          (ii) manure management practices;
                                                                       20                                  (D) on-farm energy generation;
                                                                       21                                  (E) energy feedstock production;
                                                                       22                                  (F) fertilizer or nutrient use emissions re-
                                                                       23                         ductions;
                                                                       24                                  (G) reforestation;



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                                                                         1                                 (H) forest management, including improv-
                                                                         2                        ing harvesting practices and thinning diseased
                                                                         3                        trees;
                                                                         4                                 (I) prevention of the conversion of forests,
                                                                         5                        grasslands, and wetlands;
                                                                         6                                 (J) restoration of wetlands or grasslands;
                                                                         7                                 (K) grassland management, including pre-
                                                                         8                        scribed grazing;
                                                                         9                                 (L) current practices associated with pri-
                                                                       10                         vate land conservation programs administered
                                                                       11                         by the Secretary; and
                                                                       12                                  (M) such other activities, or combinations
                                                                       13                         of activities, that the Secretary, in consultation
                                                                       14                         with the Advisory Council, determines to be ap-
                                                                       15                         propriate.
                                                                       16                         (3) REQUIREMENTS.—In publishing the list of
                                                                       17               protocols and description of qualifications under
                                                                       18               paragraph (1)(A), the Secretary, in consultation
                                                                       19               with the Advisory Council, shall—
                                                                       20                                  (A) ensure that the requirements for cov-
                                                                       21                         ered entities to certify under the Program in-
                                                                       22                         clude maintaining expertise in all relevant infor-
                                                                       23                         mation relating to market-based protocols, as
                                                                       24                         appropriate, with regard to—



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                                                                       25                                          (i) quantification;


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                                                                         1                                         (ii) verification;
                                                                         2                                         (iii) additionality;
                                                                         3                                         (iv) permanence;
                                                                         4                                         (v) reporting; and
                                                                         5                                         (vi) other expertise, as determined by
                                                                         6                                 the Secretary; and
                                                                         7                                 (B) ensure that a covered entity certified
                                                                         8                        under the Program is required to perform, and
                                                                         9                        to demonstrate expertise, as determined by the
                                                                       10                         Secretary, in accordance with best management
                                                                       11                         practices for agricultural and forestry activities
                                                                       12                         that prevent, reduce, or mitigate greenhouse
                                                                       13                         gas emissions or sequester carbon.
                                                                       14                         (4) PERIODIC                    REVIEW.—As               appropriate, the
                                                                       15               Secretary shall periodically review and revise the list
                                                                       16               of protocols and description of certification qualifica-
                                                                       17               tions published under paragraph (1)(A) to include
                                                                       18               any additional protocols or qualifications that meet
                                                                       19               the requirements described in subparagraphs (A)
                                                                       20               and (B) of paragraph (3).
                                                                       21               (e) CERTIFICATION, WEBSITE, AND PUBLICATION OF
                                                                       22 LISTS.—
                                                                       23                         (1) CERTIFICATION.—A covered entity may
                                                                       24               self-certify under the Program by submitting to the



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                                                                         1              Secretary, through a website maintained by the Sec-
                                                                         2              retary—
                                                                         3                                 (A) a notification that the covered entity
                                                                         4                        will—
                                                                         5                                         (i) maintain expertise in the protocols
                                                                         6                                 described in clause (i) of subsection
                                                                         7                                 (d)(1)(A); and
                                                                         8                                         (ii) adhere to the qualifications de-
                                                                         9                                 scribed in clause (ii) of that subsection;
                                                                       10                                  and
                                                                       11                                  (B)         appropriate               documentation            dem-
                                                                       12                         onstrating the expertise described in subpara-
                                                                       13                         graph (A)(i) and qualifications described in
                                                                       14                         subparagraph (A)(ii).
                                                                       15                         (2) WEBSITE AND SOLICITATION.—During the
                                                                       16               180-day period beginning on the date on which the
                                                                       17               Program is established, the Secretary shall publish,
                                                                       18               through an existing website maintained by the Sec-
                                                                       19               retary—
                                                                       20                                  (A) information describing how covered en-
                                                                       21                         tities may self-certify under the Program in ac-
                                                                       22                         cordance with paragraph (1);
                                                                       23                                  (B) information describing how covered en-
                                                                       24                         tities may obtain, through private training pro-



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                                                                         1                        grams or Department of Agriculture training
                                                                         2                        programs, the requisite expertise—
                                                                         3                                         (i) in the protocols described in clause
                                                                         4                                 (i) of subsection (d)(1)(A); and
                                                                         5                                         (ii) to meet the qualifications de-
                                                                         6                                 scribed in clause (ii) of that subsection;
                                                                         7                                 (C) the protocols and qualifications pub-
                                                                         8                        lished by the Secretary under subsection
                                                                         9                        (d)(1)(A); and
                                                                       10                                  (D) instructions and suggestions to assist
                                                                       11                         farmers, ranchers, and private forest land-
                                                                       12                         owners in facilitating the development of agri-
                                                                       13                         culture or forestry credits and accessing vol-
                                                                       14                         untary environmental credit markets, includ-
                                                                       15                         ing—
                                                                       16                                          (i) through working with covered enti-
                                                                       17                                  ties certified under the Program; and
                                                                       18                                          (ii) by providing information relating
                                                                       19                                  to programs, registries, and protocols of
                                                                       20                                  programs and registries that provide mar-
                                                                       21                                  ket-based participation opportunities for
                                                                       22                                  working and conservation agricultural and
                                                                       23                                  forestry lands.
                                                                       24                         (3) PUBLICATION.—During the 1-year period



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                                                                       25               beginning on the date on which the Program is es-


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                                                                         1              tablished, the Secretary, in consultation with the Ad-
                                                                         2              visory Council and following the review by the Sec-
                                                                         3              retary for completeness and accuracy of the certifi-
                                                                         4              cation notifications and documentation submitted
                                                                         5              under paragraph (1), shall use an existing website
                                                                         6              maintained by the Secretary to publish—
                                                                         7                                 (A) a list of covered entities that are cer-
                                                                         8                        tified under paragraph (1) as technical assist-
                                                                         9                        ance providers; and
                                                                       10                                  (B) a list of covered entities that are cer-
                                                                       11                         tified under paragraph (1) as verifiers of the
                                                                       12                         processes described in protocols for voluntary
                                                                       13                         environmental credit markets.
                                                                       14                         (4) UPDATES.—Not less frequently than quar-
                                                                       15               terly, the Secretary, in consultation with the Advi-
                                                                       16               sory Council, shall update the lists published under
                                                                       17               paragraph (3).
                                                                       18                         (5) SUBMISSION.—The Secretary shall notify
                                                                       19               Congress of the publication of the initial list under
                                                                       20               paragraph (3).
                                                                       21                         (6) REQUIREMENT.—To remain certified under
                                                                       22               the Program, a covered entity shall continue—
                                                                       23                                  (A) to maintain expertise in the protocols
                                                                       24                         described in subparagraph (A)(i) of subsection



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                                                                       25                         (d)(1); and


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                                                                         1                                 (B) to adhere to the qualifications de-
                                                                         2                        scribed in subparagraph (A)(ii) of that sub-
                                                                         3                        section.
                                                                         4                        (7) AUDITING.—Not less frequently than annu-
                                                                         5              ally, the Secretary shall conduct audits of covered
                                                                         6              entities that are certified under the Program to en-
                                                                         7              sure compliance with the requirements under sub-
                                                                         8              section (d)(1)(B) through an audit process that in-
                                                                         9              cludes a representative sample of—
                                                                       10                                  (A) technical assistance providers; and
                                                                       11                                  (B) verifiers of the processes described in
                                                                       12                         protocols for voluntary environmental credit
                                                                       13                         markets.
                                                                       14                         (8) REVOCATION OF CERTIFICATION.—
                                                                       15                                  (A) IN GENERAL.—The Secretary may re-
                                                                       16                         voke the certification of a covered entity under
                                                                       17                         the Program in the event of—
                                                                       18                                          (i) noncompliance with the require-
                                                                       19                                  ments under subsection (d)(1)(B); or
                                                                       20                                          (ii) a violation of subsection (f)(2)(A).
                                                                       21                                  (B) NOTIFICATION.—If the Secretary re-
                                                                       22                         vokes a certification of a covered entity under
                                                                       23                         subparagraph (A), to the extent practicable, the
                                                                       24                         Secretary shall—



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                                                                         1                                         (i) request from that covered entity
                                                                         2                                 contact information for all farmers, ranch-
                                                                         3                                 ers, and private forest landowners to which
                                                                         4                                 the covered entity provided technical as-
                                                                         5                                 sistance or the verification of the processes
                                                                         6                                 described in protocols for voluntary envi-
                                                                         7                                 ronmental credit markets; and
                                                                         8                                         (ii) notify those farmers, ranchers,
                                                                         9                                 and private forest landowners of the rev-
                                                                       10                                  ocation.
                                                                       11                         (9) FAIR TREATMENT OF FARMERS.—The Sec-
                                                                       12               retary shall ensure, to the maximum extent prac-
                                                                       13               ticable, that covered entities certified under para-
                                                                       14               graph (1) act in good faith—
                                                                       15                                  (A) to provide realistic estimates of costs
                                                                       16                         and        revenues             relating           to       activities   and
                                                                       17                         verification of processes, as applicable to the
                                                                       18                         covered entity, as described in subsection
                                                                       19                         (d)(2); and
                                                                       20                                  (B) in the case of technical assistance pro-
                                                                       21                         viders, to assist farmers, ranchers, and private
                                                                       22                         forest landowners in ensuring that the farmers,
                                                                       23                         ranchers, and private forest landowners receive
                                                                       24                         fair distribution of revenues derived from the



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                                                                         1                        (10) SAVINGS CLAUSE.—Nothing in this section
                                                                         2              authorizes the Secretary to compel a farmer, ranch-
                                                                         3              er, or private forest landowner to participate in a
                                                                         4              transaction or project facilitated by a covered entity
                                                                         5              certified under paragraph (1).
                                                                         6              (f) ENFORCEMENT.—
                                                                         7                        (1) PROHIBITION ON CLAIMS.—
                                                                         8                                 (A) IN GENERAL.—A person that is not
                                                                         9                        certified under the Program in accordance with
                                                                       10                         this section shall not knowingly make a claim
                                                                       11                         that the person is a ‘‘USDA-certified technical
                                                                       12                         assistance provider or third-party verifier for
                                                                       13                         voluntary environmental credit markets’’ or any
                                                                       14                         substantially similar claim.
                                                                       15                                  (B) PENALTY.—Any person that violates
                                                                       16                         subparagraph (A) shall be—
                                                                       17                                          (i) subject to a civil penalty equal to
                                                                       18                                  such amount as the Secretary determines
                                                                       19                                  to be appropriate, not to exceed $1,000 per
                                                                       20                                  violation; and
                                                                       21                                          (ii) ineligible to certify under the Pro-
                                                                       22                                  gram for the 5-year period beginning on
                                                                       23                                  the date of the violation.
                                                                       24                         (2) SUBMISSION                    OF FRAUDULENT INFORMA-




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                                                                         1                                 (A) IN GENERAL.—A person, regardless of
                                                                         2                        whether the person is certified under the pro-
                                                                         3                        gram, shall not submit fraudulent information
                                                                         4                        as part of a notification under subsection
                                                                         5                        (e)(1).
                                                                         6                                 (B) PENALTY.—Any person that violates
                                                                         7                        subparagraph (A) shall be—
                                                                         8                                         (i) subject to a civil penalty equal to
                                                                         9                                 such amount as the Secretary determines
                                                                       10                                  to be appropriate, not to exceed $1,000 per
                                                                       11                                  violation; and
                                                                       12                                          (ii) ineligible to certify under the Pro-
                                                                       13                                  gram for the 5-year period beginning on
                                                                       14                                  the date of the violation.
                                                                       15               (g) GREENHOUSE GAS TECHNICAL ASSISTANCE
                                                                       16 PROVIDER AND THIRD-PARTY VERIFIER CERTIFICATION
                                                                       17 PROGRAM ADVISORY COUNCIL.—
                                                                       18                         (1) IN GENERAL.—During the 90-day period
                                                                       19               beginning on the date on which the Program is es-
                                                                       20               tablished, the Secretary shall establish an advisory
                                                                       21               council, to be known as the ‘‘Greenhouse Gas Tech-
                                                                       22               nical Assistance Provider and Third-Party Verifier
                                                                       23               Certification Program Advisory Council’’.
                                                                       24                         (2) MEMBERSHIP.—



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                                                                         1                                 (A) IN GENERAL.—The Advisory Council
                                                                         2                        shall be composed of members appointed by the
                                                                         3                        Secretary in accordance with this paragraph.
                                                                         4                                 (B)         GENERAL                REPRESENTATION.—The

                                                                         5                        Advisory Council shall—
                                                                         6                                         (i) be broadly representative of the ag-
                                                                         7                                 riculture and private forest sectors;
                                                                         8                                         (ii)      include           socially           disadvantaged
                                                                         9                                 farmers and ranchers and other historically
                                                                       10                                  underserved farmers, ranchers, or private
                                                                       11                                  forest landowners; and
                                                                       12                                          (iii) be composed of not less than 51
                                                                       13                                  percent farmers, ranchers, or private forest
                                                                       14                                  landowners.
                                                                       15                                  (C) MEMBERS.—Members appointed under
                                                                       16                         subparagraph (A) shall include—
                                                                       17                                          (i) not more than 2 representatives of
                                                                       18                                  the Department of Agriculture, as deter-
                                                                       19                                  mined by the Secretary;
                                                                       20                                          (ii) not more than 1 representative of
                                                                       21                                  the Environmental Protection Agency, as
                                                                       22                                  determined by the Administrator of the
                                                                       23                                  Environmental Protection Agency;




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                                                                         1                                         (iii) not more than 1 representative of
                                                                         2                                 the National Institute of Standards and
                                                                         3                                 Technology;
                                                                         4                                         (iv) not fewer than 12 representatives
                                                                         5                                 of the agriculture industry, appointed in a
                                                                         6                                 manner that is broadly representative of
                                                                         7                                 the agriculture sector, including not fewer
                                                                         8                                 than 6 active farmers and ranchers;
                                                                         9                                         (v) not fewer than 4 representatives of
                                                                       10                                  private forest landowners or the forestry
                                                                       11                                  and forest products industry appointed in
                                                                       12                                  a manner that is broadly representative of
                                                                       13                                  the private forest sector;
                                                                       14                                          (vi) not more than 4 representatives
                                                                       15                                  of the relevant scientific research commu-
                                                                       16                                  nity, including not fewer than 2 represent-
                                                                       17                                  atives from land-grant colleges and univer-
                                                                       18                                  sities (as defined in section 1404 of the
                                                                       19                                  National Agricultural Research, Extension,
                                                                       20                                  and Teaching Policy Act of 1977 (7 U.S.C.
                                                                       21                                  3103)), of which 1 shall be a representa-
                                                                       22                                  tive of a college or university eligible to re-
                                                                       23                                  ceive funds under the Act of August 30,
                                                                       24                                  1890 (commonly known as the ‘‘Second



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                                                                         1                                 7 U.S.C. 321 et seq.), including Tuskegee
                                                                         2                                 University;
                                                                         3                                         (vii) not more than 2 experts or pro-
                                                                         4                                 fessionals familiar with voluntary environ-
                                                                         5                                 mental credit markets and the verification
                                                                         6                                 requirements in those markets;
                                                                         7                                         (viii) not more than 3 members of
                                                                         8                                 nongovernmental or civil society organiza-
                                                                         9                                 tions with relevant expertise, of which not
                                                                       10                                  fewer than 1 shall represent the interests
                                                                       11                                  of socially disadvantaged groups;
                                                                       12                                          (ix) not more than 3 members of pri-
                                                                       13                                  vate sector entities or organizations that
                                                                       14                                  participate             in     voluntary               environmental
                                                                       15                                  credit markets through which agriculture
                                                                       16                                  or forestry credits are bought and sold;
                                                                       17                                  and
                                                                       18                                          (x) any other individual whom the
                                                                       19                                  Secretary determines to be necessary to
                                                                       20                                  ensure that the Advisory Council is com-
                                                                       21                                  posed of a diverse group of representatives
                                                                       22                                  of industry, academia, independent re-
                                                                       23                                  searchers, and public and private entities.




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                                                                         1                                 (D) CHAIR.—The Secretary shall designate
                                                                         2                        a member of the Advisory Council to serve as
                                                                         3                        the Chair.
                                                                         4                                 (E) TERMS.—
                                                                         5                                         (i) IN          GENERAL.—The                     term of a
                                                                         6                                 member of the Advisory Council shall be 2
                                                                         7                                 years, except that, of the members first ap-
                                                                         8                                 pointed—
                                                                         9                                                  (I) not fewer than 8 members
                                                                       10                                          shall serve for a term of 1 year;
                                                                       11                                                   (II) not fewer than 12 members
                                                                       12                                          shall serve for a term of 2 years; and
                                                                       13                                                   (III) not fewer than 12 members
                                                                       14                                          shall serve for a term of 3 years.
                                                                       15                                          (ii) ADDITIONAL                    TERMS.—After        the
                                                                       16                                  initial term of a member of the Advisory
                                                                       17                                  Council, including the members first ap-
                                                                       18                                  pointed, the member may serve not more
                                                                       19                                  than 4 additional 2-year terms.
                                                                       20                         (3) MEETINGS.—
                                                                       21                                  (A) FREQUENCY.—The Advisory Council
                                                                       22                         shall meet not less frequently than annually, at
                                                                       23                         the call of the Chair.
                                                                       24                                  (B) INITIAL MEETING.—During the 90-day



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                                                                         1                        members              are        appointed             under             paragraph
                                                                         2                        (2)(A), the Advisory Council shall hold an ini-
                                                                         3                        tial meeting.
                                                                         4                        (4) DUTIES.—The Advisory Council shall—
                                                                         5                                 (A) periodically review and recommend any
                                                                         6                        appropriate changes to—
                                                                         7                                         (i) the list of protocols and description
                                                                         8                                 of qualifications published by the Secretary
                                                                         9                                 under subsection (d)(1)(A); and
                                                                       10                                          (ii) the requirements described in sub-
                                                                       11                                  section (d)(1)(B);
                                                                       12                                  (B) make recommendations to the Sec-
                                                                       13                         retary regarding the best practices that should
                                                                       14                         be included in the protocols, description of
                                                                       15                         qualifications, and requirements described in
                                                                       16                         subparagraph (A); and
                                                                       17                                  (C) advise the Secretary regarding—
                                                                       18                                          (i) the current methods used by vol-
                                                                       19                                  untary environmental credit markets to
                                                                       20                                  quantify and verify the prevention, reduc-
                                                                       21                                  tion, and mitigation of greenhouse gas
                                                                       22                                  emissions or sequestration of carbon;
                                                                       23                                          (ii) additional considerations for certi-
                                                                       24                                  fying covered entities under the Program;



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                                                                         1                                         (iii) means to reduce barriers to entry
                                                                         2                                 in the business of providing technical as-
                                                                         3                                 sistance or the verification of the processes
                                                                         4                                 described in protocols for voluntary envi-
                                                                         5                                 ronmental credit markets for covered enti-
                                                                         6                                 ties, including by improving technical as-
                                                                         7                                 sistance provided by the Secretary;
                                                                         8                                         (iv) means to reduce compliance and
                                                                         9                                 verification costs for farmers, ranchers,
                                                                       10                                  and private forest landowners in entering
                                                                       11                                  voluntary environmental credit markets, in-
                                                                       12                                  cluding through mechanisms and processes
                                                                       13                                  to aggregate the value of activities across
                                                                       14                                  land ownership;
                                                                       15                                          (v) issues relating to land and asset
                                                                       16                                  ownership in light of evolving voluntary en-
                                                                       17                                  vironmental credit markets; and
                                                                       18                                          (vi) additional means to reduce bar-
                                                                       19                                  riers to entry in voluntary environmental
                                                                       20                                  credit markets for farmers, ranchers, and
                                                                       21                                  private forest landowners, particularly for
                                                                       22                                  historically underserved, socially disadvan-
                                                                       23                                  taged, or limited resource farmers, ranch-
                                                                       24                                  ers, or private forest landowners.



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                                                                         1                        (5) COMPENSATION.—The members of the Ad-
                                                                         2              visory Council shall serve without compensation.
                                                                         3                        (6) CONFLICT OF INTEREST.—The Secretary
                                                                         4              shall prohibit any member of the Advisory Council
                                                                         5              from—
                                                                         6                                 (A) engaging in any determinations or ac-
                                                                         7                        tivities of the Advisory Council that may result
                                                                         8                        in the favoring of, or a direct and predictable
                                                                         9                        effect on—
                                                                       10                                          (i) the member or a family member,
                                                                       11                                  as determined by the Secretary;
                                                                       12                                          (ii) stock owned by the member or a
                                                                       13                                  family member, as determined by the Sec-
                                                                       14                                  retary; or
                                                                       15                                          (iii) the employer of, or a business
                                                                       16                                  owned in whole or in part by, the member
                                                                       17                                  or a family member, as determined by the
                                                                       18                                  Secretary; or
                                                                       19                                  (B) providing advice or recommendations
                                                                       20                         regarding, or otherwise participating in, mat-
                                                                       21                         ters of the Advisory Council that—
                                                                       22                                          (i) constitute a conflict of interest
                                                                       23                                  under section 208 of title 18, United
                                                                       24                                  States Code; or



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                                                                         1                                         (ii) may call into question the integ-
                                                                         2                                 rity of the Advisory Council, the Program,
                                                                         3                                 or the technical assistance or verification
                                                                         4                                 activities             described            under              subsection
                                                                         5                                 (d)(2).
                                                                         6                        (7)       FACA             APPLICABILITY.—The                            Advisory
                                                                         7              Council shall be subject to the Federal Advisory
                                                                         8              Committee Act (5 U.S.C. App.), except that section
                                                                         9              14(a)(2) of that Act shall not apply.
                                                                       10               (h) ASSESSMENT.—
                                                                       11                         (1) IN GENERAL.—Not later than 240 days
                                                                       12               after the date of enactment of this Act, the Sec-
                                                                       13               retary, in consultation with the Administrator of the
                                                                       14               Environmental Protection Agency, shall—
                                                                       15                                  (A) conduct an assessment, including by
                                                                       16                         incorporating information from existing publica-
                                                                       17                         tions and reports of the Department of Agri-
                                                                       18                         culture and other entities with relevant exper-
                                                                       19                         tise, regarding—
                                                                       20                                          (i) the number and categories of non-
                                                                       21                                  Federal actors in the nonprofit and for-
                                                                       22                                  profit sectors involved in buying, selling,
                                                                       23                                  and trading agriculture or forestry credits
                                                                       24                                  in voluntary environmental credit markets;



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                                                                         1                                         (ii) the estimated overall domestic
                                                                         2                                 market demand for agriculture or forestry
                                                                         3                                 credits at the end of the preceding 4-cal-
                                                                         4                                 endar year period, and historically, in vol-
                                                                         5                                 untary environmental credit markets;
                                                                         6                                         (iii) the total number of agriculture or
                                                                         7                                 forestry credits (measured in metric tons
                                                                         8                                 of carbon dioxide equivalent) that were es-
                                                                         9                                 timated to be in development, generated,
                                                                       10                                  or sold in market transactions during the
                                                                       11                                  preceding 4-calendar year period, and his-
                                                                       12                                  torically, in voluntary environmental credit
                                                                       13                                  markets;
                                                                       14                                          (iv) the estimated supply and demand
                                                                       15                                  of metric tons of carbon dioxide equivalent
                                                                       16                                  of offsets in the global marketplace for the
                                                                       17                                  next 4 years;
                                                                       18                                          (v) the barriers to entry due to com-
                                                                       19                                  pliance and verification costs described in
                                                                       20                                  subsection (g)(4)(C)(iv);
                                                                       21                                          (vi) the state of monitoring and meas-
                                                                       22                                  urement technologies needed to quantify
                                                                       23                                  long-term carbon sequestration in soils and
                                                                       24                                  from other activities to prevent, reduce, or



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                                                                         1                                 mitigate greenhouse gas emissions in the
                                                                         2                                 agriculture and forestry sectors;
                                                                         3                                         (vii) means to reduce barriers to entry
                                                                         4                                 into voluntary environmental credit mar-
                                                                         5                                 kets for small, beginning, and socially dis-
                                                                         6                                 advantaged farmers, ranchers, and private
                                                                         7                                 forest landowners and the extent to which
                                                                         8                                 existing protocols in voluntary environ-
                                                                         9                                 mental credit markets allow for aggrega-
                                                                       10                                  tion of projects among farmers, ranchers,
                                                                       11                                  and private forest landowners;
                                                                       12                                          (viii) means to leverage existing De-
                                                                       13                                  partment of Agriculture programs and
                                                                       14                                  other Federal programs that could im-
                                                                       15                                  prove, lower the costs of, and enhance the
                                                                       16                                  deployment of monitoring and measure-
                                                                       17                                  ment technologies described in clause (vi);
                                                                       18                                          (ix) the potential impact of Depart-
                                                                       19                                  ment of Agriculture activities on supply
                                                                       20                                  and demand of agriculture or forestry
                                                                       21                                  credits;
                                                                       22                                          (x) the potential role of the Depart-
                                                                       23                                  ment of Agriculture in encouraging innova-
                                                                       24                                  tion in voluntary environmental credit mar-



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                                                                         1                                         (xi) the extent to which the existing
                                                                         2                                 regimes for generating and selling agri-
                                                                         3                                 culture or forestry credits, as the regimes
                                                                         4                                 exist at the end of the preceding 4-cal-
                                                                         5                                 endar year period, and historically, and ex-
                                                                         6                                 isting voluntary environmental credit mar-
                                                                         7                                 kets, may be impeded or constricted, or
                                                                         8                                 achieve greater scale and reach, if the De-
                                                                         9                                 partment of Agriculture were involved, in-
                                                                       10                                  cluding by considering the role of the De-
                                                                       11                                  partment of Agriculture in reducing the
                                                                       12                                  barriers to entry identified under clause
                                                                       13                                  (v), including by educating stakeholders
                                                                       14                                  about voluntary environmental credit mar-
                                                                       15                                  kets;
                                                                       16                                          (xii) the extent to which existing pro-
                                                                       17                                  tocols in voluntary environmental credit
                                                                       18                                  markets,                    including                    verification,
                                                                       19                                  additionality, permanence, and reporting,
                                                                       20                                  adequately take into consideration and ac-
                                                                       21                                  count for factors encountered by the agri-
                                                                       22                                  culture and private forest sectors in pre-
                                                                       23                                  venting, reducing, or mitigating greenhouse
                                                                       24                                  gases or sequestering carbon through agri-



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                                                                         1                                 variances across regions, topography, soil
                                                                         2                                 types, crop or species varieties, and busi-
                                                                         3                                 ness models;
                                                                         4                                         (xiii) the extent to which existing pro-
                                                                         5                                 tocols in voluntary environmental credit
                                                                         6                                 markets consider options to ensure the
                                                                         7                                 continued valuation, through discounting
                                                                         8                                 or other means, of agriculture and forestry
                                                                         9                                 credits in the case of the practices under-
                                                                       10                                  lying those credits being disrupted due to
                                                                       11                                  unavoidable events, including production
                                                                       12                                  challenges and natural disasters; and
                                                                       13                                          (xiv) opportunities for other voluntary
                                                                       14                                  markets outside of voluntary environmental
                                                                       15                                  credit markets to foster the trading, buy-
                                                                       16                                  ing, or selling of credits that are derived
                                                                       17                                  from activities that provide other eco-
                                                                       18                                  system service benefits, including activities
                                                                       19                                  that improve water quality, water quantity,
                                                                       20                                  wildlife habitat enhancement, and other
                                                                       21                                  ecosystem services, as the Secretary deter-
                                                                       22                                  mines appropriate;
                                                                       23                                  (B) publish the assessment; and
                                                                       24                                  (C) submit the assessment to the Com-



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                                                                         1                        of the Senate and the Committee on Agri-
                                                                         2                        culture of the House of Representatives.
                                                                         3                        (2) QUADRIENNIAL                        ASSESSMENT.—The                 Sec-
                                                                         4              retary, in consultation with the Administrator of the
                                                                         5              Environmental Protection Agency and the Advisory
                                                                         6              Council, shall conduct the assessment described in
                                                                         7              paragraph (1)(A) and publish and submit the assess-
                                                                         8              ment in accordance with subparagraphs (B) and (C)
                                                                         9              of paragraph (1) every 4 years after the publication
                                                                       10               and submission of the first assessment under sub-
                                                                       11               paragraphs (B) and (C) of paragraph (1).
                                                                       12               (i) REPORT.—Not later than 2 years after the date
                                                                       13 on which the Program is established, and every 2 years
                                                                       14 thereafter, the Secretary shall publish and submit to the
                                                                       15 Committee on Agriculture, Nutrition, and Forestry of the
                                                                       16 Senate and the Committee on Agriculture of the House
                                                                       17 of Representatives a report describing, for the period cov-
                                                                       18 ered by the report—
                                                                       19                         (1) the number of covered entities that—
                                                                       20                                  (A) were registered under the Program;
                                                                       21                                  (B) were new registrants under the Pro-
                                                                       22                         gram, if applicable; and
                                                                       23                                  (C) did not renew their registration under
                                                                       24                         the Program, if applicable;



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                                                                         1                        (2) each covered entity the certification of
                                                                         2              which was revoked by the Secretary under sub-
                                                                         3              section (e)(8);
                                                                         4                        (3) a review of the outcomes of the Program,
                                                                         5              including—
                                                                         6                                 (A) the ability of farmers, ranchers, and
                                                                         7                        private forest landowners, including small, be-
                                                                         8                        ginning, and socially disadvantaged farmers,
                                                                         9                        ranchers, and private forest landowners, to de-
                                                                       10                         velop agriculture or forestry credits through
                                                                       11                         covered entities certified under the Program;
                                                                       12                                  (B) methods to improve the ability of
                                                                       13                         farmers, ranchers, and private forest land-
                                                                       14                         owners to overcome barriers to entry to vol-
                                                                       15                         untary environmental credit markets; and
                                                                       16                                  (C) methods to further facilitate participa-
                                                                       17                         tion of farmers, ranchers, and private forest
                                                                       18                         landowners in voluntary environmental credit
                                                                       19                         markets; and
                                                                       20                         (4) any recommendations for improvements to
                                                                       21               the Program.
                                                                       22               (j) CONFIDENTIALITY.—
                                                                       23                         (1) PROHIBITION.—
                                                                       24                                  (A) IN GENERAL.—Except as provided in



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                                                                       25                         paragraph (2), the Secretary, any other officer


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                                                                                                                              33
                                                                         1                        or employee of the Department of Agriculture
                                                                         2                        or any agency of the Department of Agri-
                                                                         3                        culture, or any other person may not disclose to
                                                                         4                        the public the information held by the Secretary
                                                                         5                        described in subparagraph (B).
                                                                         6                                 (B) INFORMATION.—
                                                                         7                                         (i) IN GENERAL.—Except as provided
                                                                         8                                 in clause (ii), the information prohibited
                                                                         9                                 from disclosure under subparagraph (A)
                                                                       10                                  is—
                                                                       11                                                   (I) information collected by the
                                                                       12                                          Secretary or published by the Sec-
                                                                       13                                          retary under subsection (h) or (i);
                                                                       14                                                   (II) personally identifiable infor-
                                                                       15                                          mation, including in a contract or
                                                                       16                                          service agreement, of a farmer, ranch-
                                                                       17                                          er, or private forest landowner, ob-
                                                                       18                                          tained by the Secretary under para-
                                                                       19                                          graph (7) or (8)(B)(i) of subsection
                                                                       20                                          (e); and
                                                                       21                                                   (III) confidential business infor-
                                                                       22                                          mation in a contract or service agree-
                                                                       23                                          ment of a farmer, rancher, or private
                                                                       24                                          forest landowner obtained by the Sec-



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                                                                                                                              34
                                                                         1                                         retary           under           paragraph             (7)   or
                                                                         2                                         (8)(B)(i) of subsection (e).
                                                                         3                                         (ii) AGGREGATED                       RELEASE.—Infor-

                                                                         4                                 mation described in clause (i) may be re-
                                                                         5                                 leased to the public if the information has
                                                                         6                                 been transformed into a statistical or ag-
                                                                         7                                 gregate form that does not allow the iden-
                                                                         8                                 tification of the person who supplied or is
                                                                         9                                 the subject of the particular information.
                                                                       10                         (2) EXCEPTION.—Paragraph (1) shall not pro-
                                                                       11               hibit the disclosure—
                                                                       12                                  (A) of the name of any covered entity pub-
                                                                       13                         lished and submitted by the Secretary under
                                                                       14                         subsection (i)(2); or
                                                                       15                                  (B) by an officer or employee of the Fed-
                                                                       16                         eral Government of information described in
                                                                       17                         paragraph (1)(B) as otherwise directed by the
                                                                       18                         Secretary or the Attorney General for enforce-
                                                                       19                         ment purposes.
                                                                       20               (k) FUNDING.—
                                                                       21                         (1) AUTHORIZATION OF APPROPRIATIONS.—In
                                                                       22               addition to the amount made available under para-
                                                                       23               graph (2), there is authorized to be appropriated to
                                                                       24               carry out this section $1,000,000 for each of fiscal



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                                                                       25               years 2022 through 2026.


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                                                                         1                        (2) DIRECT FUNDING.—
                                                                         2                                 (A)         RESCISSION.—There                          is      rescinded
                                                                         3                        $4,100,000 of the unobligated balance of
                                                                         4                        amounts made available by section 1003 of the
                                                                         5                        American Rescue Plan Act of 2021 (Public Law
                                                                         6                        117–2).
                                                                         7                                 (B) DIRECT FUNDING.—If sufficient unob-
                                                                         8                        ligated amounts made available by section 1003
                                                                         9                        of the American Rescue Plan Act of 2021 (Pub-
                                                                       10                         lic Law 117–2) are available on the date of en-
                                                                       11                         actment of this Act to execute the entire rescis-
                                                                       12                         sion described in subparagraph (A), then on the
                                                                       13                         day after the execution of the entire rescission,
                                                                       14                         there is appropriated to the Secretary, out of
                                                                       15                         amounts in the Treasury not otherwise appro-
                                                                       16                         priated, $4,100,000 to carry out this section.




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                              Calendar No. 74
117TH CONGRESS
   1ST SESSION     S. 1251
                                                                                       S1251
                 A BILL
                                                                                       E:\BILLS\S1251.RS




To authorize the Secretary of Agriculture to de-
  velop a program to reduce barriers to entry for
  farmers, ranchers, and private forest landowners
  in certain voluntary markets, and for other pur-
  poses.
                                                                                       Sfmt 6651
                  JUNE 14, 2021
            Reported without amendment
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