Congressional Record, Senate — May 26, 2021, S3518
Summary
This is S3518 of the Congressional Record, Senate, May 26, 2021, with interleaved columns of amendment text. The page includes SA 2051 by Mr. Braun and Ms. Stabenow, intended to be proposed to amendment SA 1502 to S. 1260, a bill to establish a new Directorate for Technology and Innovation. The printed text includes a pilot program to help high research activity Historically Black Colleges or Universities achieve very high research activity status, a report on improving their research capacity, and a prohibition involving entities of the People's Republic of China and the Chinese Communist Party.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, Senate — May 26, 2021, S3518.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-05-26-crec-2021-05-26-pt1-pgs3518-2-e78a07deea/
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S3518 CONGRESSIONAL RECORD — SENATE May 26, 2021
(1) PROGRAM.—The Director is authorized (D) TRANSITION ELIGIBILITY.—The Director (3) governmental entities of the People’s
to establish and carry out, using funds made may consider creating pathways for new His- Republic of China; or
available for research activities across all torically Black Colleges or Universities to (4) the Chinese Communist Party or any of
Foundation research directorates, a pilot enter into the program under this section as its affiliates.
program to grow high research activity sta- participating institutions achieve very high
tus (R2) Historically Black Colleges or Uni- research activity status. SA 2051. Mr. BRAUN (for himself and
versities to achieve very high research activ- (e) REPORT ON IMPROVING THE RESEARCH Ms. STABENOW) submitted an amend-
ity status (R1) while increasing the national CAPACITY AT HIGH RESEARCH ACTIVITY HIS- ment intended to be proposed to
number of African American undergraduate, TORICALLY BLACK COLLEGES OR UNIVER- amendment SA 1502 proposed by Mr.
graduate, and post-doctoral students with SITIES.—
SCHUMER to the bill S. 1260, to establish
degrees in science, technology, engineering, (1) IN GENERAL.—Not later than 1 year after
and mathematics. The Director may expand the date of enactment of this division, the
a new Directorate for Technology and
the program to other Historically Black Col- National Science and Technology Council Innovation in the National Science
leges or Universities beyond those Histori- shall prepare and submit a report that— Foundation, to establish a regional
cally Black Colleges or Universities classi- (A) identifies challenges and barriers to technology hub program, to require a
fied as high research activity status univer- Federal research grants for high research ac- strategy and report on economic secu-
sities if the Director determines that the tivity status Historically Black Colleges or rity, science, research, innovation,
program can support such an expansion. Universities; and manufacturing, and job creation, to es-
(2) GRANTS.—In carrying out the program, (B) identifies recommendations for Federal tablish a critical supply chain resil-
the Director shall award grants for key areas science agencies to sustainably boost the re-
of scientific research on a competitive, iency program, and for other purposes;
search capacity of high research activity sta-
merit-reviewed basis to Historically Black tus Historically Black Colleges or Univer-
which was ordered to lie on the table;
Colleges or Universities that are classified as sities through grant-making authorities. as follows:
high research activity status institutions at (2) REPORT SUBMISSION.—The National At the appropriate place in title V of divi-
the time of application for such a grant. Science and Technology Council shall trans- sion B, insert the following:
(3) APPLICATION.— mit the report to the Director of the Na- SEC. 25ll. GREENHOUSE GAS TECHNICAL AS-
(A) IN GENERAL.—To be eligible to receive a tional Science Foundation, the Adminis- SISTANCE PROVIDER AND THIRD-
grant under this section, a Historically PARTY VERIFIER CERTIFICATION
trator of the National Aeronautics and Space PROGRAM.
Black College or University described in Administration, the Secretary of Agri-
paragraph (2) shall submit an application to (a) PURPOSES.—The purposes of this section
culture, the Secretary of Commerce, the Sec-
the Director at such time, in such manner, are—
retary of Defense, the Secretary of Energy,
and containing such information and assur- (1) to facilitate the participation of farm-
the Secretary of Health and Human Services,
ances as the Director may require. ers, ranchers, and private forest landowners
and the heads of other such agencies as de-
(B) CONTENTS.—The application described in voluntary environmental credit markets,
termined relevant by the National Science
in subparagraph (A) shall include, at a min- including through the Program;
and Technology Council.
imum, a description of— (2) to facilitate the provision of technical
(3) INFORMATION FROM FEDERAL AGENCIES.—
(i) a plan for increasing the level of re- assistance through covered entities to farm-
(A) IN GENERAL.—The National Science and
search activity and achieving very high re- ers, ranchers, and private forest landowners
Technology Council may secure directly
search activity status classification within in overcoming barriers to entry into vol-
from a Federal department or agency such
10 years of the grant award, including meas- untary environmental credit markets;
information as the National Science and
urable milestones such as growth in research (3) to assist covered entities in certifying
Technology Council consider necessary to
expenditures, number of research doctoral under the Program; and
carry out the report under this subsection.
degrees awarded, number of research-focused (4) to establish the Advisory Council to ad-
(B) FURNISHING INFORMATION.—Upon a re-
faculty, and other relevant factors; vise the Secretary regarding the Program
quest from the National Science and Tech-
(ii) how the institution of higher education and other related matters.
nology Council, the head of a Federal depart- (b) DEFINITIONS.—In this section:
will sustain the increased level of research
ment or agency shall furnish such informa- (1) ADVISORY COUNCIL.—The term ‘‘Advi-
activity beyond the duration of the award;
tion as is requested to the National Science sory Council’’ means the Greenhouse Gas
and
and Technology Council. Technical Assistance Provider and Third-
(iii) how the implementation of the pro-
posed plan will be evaluated and assessed. Party Verifier Certification Program Advi-
SA 2050. Mr. RISCH (for himself, Mr. sory Council established under subsection
(4) PROGRAM COMPONENTS.—
(A) STRATEGIC AREAS OF SCIENTIFIC RE-
MENENDEZ, Mr. RUBIO, and Mr. CARDIN) (g)(1).
SEARCH.—Through coordination with Histori- submitted an amendment intended to (2) AGRICULTURE OR FORESTRY CREDIT.—The
cally Black Colleges or Universities that are be proposed to amendment SA 1502 pro- term ‘‘agriculture or forestry credit’’ means
eligible to receive a grant under this section, posed by Mr. SCHUMER to the bill S. a credit derived from the prevention, reduc-
the Director, or the Director’s designee, 1260, to establish a new Directorate for tion, or mitigation of greenhouse gas emis-
shall establish mechanisms through which Technology and Innovation in the Na- sions or carbon sequestration on agricultural
applicants can seek funding under this sec- tional Science Foundation, to establish land or private forest land that may be
tion. bought or sold on a voluntary environmental
a regional technology hub program, to credit market.
(B) USE OF FUNDS.—An institution that re-
ceives a grant under this section shall use require a strategy and report on eco- (3) BEGINNING FARMER OR RANCHER.—The
the grant funds to support research activi- nomic security, science, research, inno- term ‘‘beginning farmer or rancher’’ has the
ties, including— vation, manufacturing, and job cre- meaning given the term in section 2501(a) of
(i) faculty professional development; ation, to establish a critical supply the Food, Agriculture, Conservation, and
(ii) stipends for graduate and under- chain resiliency program, and for other Trade Act of 1990 (7 U.S.C. 2279(a)).
graduate students and post-doctoral schol- purposes; which was ordered to lie on (4) COVERED ENTITY.—The term ‘‘covered
ars; the table; as follows: entity’’ means a person or State that ei-
(iii) laboratory equipment and instrumen- ther—
Strike section 5212 and insert the fol-
tation; and (A) is a provider of technical assistance to
lowing:
(iv) other activities necessary to build re- farmers, ranchers, or private forest land-
SEC. 5212. LIMITATION ON REVIEW OF FOREIGN
search capacity. owners in carrying out sustainable land use
GIFTS AND CONTRACTS BY THE
(C) RESEARCH ASSESSMENT.— COMMITTEE ON FOREIGN INVEST- management practices that—
(i) IN GENERAL.—An institution that sub- MENT IN THE UNITED STATES TO (i) prevent, reduce, or mitigate greenhouse
mits a proposal for a grant under this sec- GIFTS AND CONTRACTS FROM THE gas emissions; or
tion shall submit with their proposal a plan PEOPLE’S REPUBLIC OF CHINA. (ii) sequester carbon; or
that describes the institution’s plan to The amendments to section 721 of the De- (B) is a third-party verifier entity that
achieve very high research activity status, fense Production Act of 1950 (50 U.S.C. 4565) conducts the verification of the processes de-
including making investments with institu- made by section 3138 of this Act shall apply scribed in protocols for voluntary environ-
tional and non-Federal funds, to achieve that only with respect to gifts to institutions of mental credit markets.
status within a decade of the grant award, to higher education from, and contracts entered (5) GREENHOUSE GAS.—The term ‘‘green-
the extent practicable. into by such institutions with, foreign per- house gas’’ means—
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(ii) UPDATED PLAN.—An institution that re- sons that are— (A) carbon dioxide;
ceives a grant under this section shall sub- (1) individuals who are nationals of the (B) methane;
mit to the Foundation an updated plan de- People’s Republic of China; (C) nitrous oxide; and
scribed in clause (i) not less than once every (2) entities organized under the laws of the (D) any other gas that the Secretary, in
3 years which shall be based on a self-assess- People’s Republic of China or otherwise sub- consultation with the Advisory Council, de-
ment of progress in achieving very high re- ject to the jurisdiction of the Government of termines has been identified to have heat
search activity status. the People’s Republic of China; trapping qualities.
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May 26, 2021 CONGRESSIONAL RECORD — SENATE S3519
(6) PROGRAM.—The term ‘‘Program’’ means (V) methods to account for additionality, mitigate greenhouse gas emissions or seques-
the Greenhouse Gas Technical Assistance permanence, leakage, and, where appro- ter carbon.
Provider and Third-Party Verifier Certifi- priate, avoidance of double counting; and (4) PERIODIC REVIEW.—As appropriate, the
cation Program established under subsection (ii) descriptions of qualifications for cov- Secretary shall periodically review and re-
(c). ered entities that— vise the list of protocols and description of
(7) PROTOCOL.—The term ‘‘protocol’’ means (I) demonstrate that the covered entity certification qualifications published under
a systematic approach that follows a can assist farmers, ranchers, and private for- paragraph (1)(A) to include any additional
science-based methodology that is trans- est landowners in accomplishing the pur- protocols or qualifications that meet the re-
parent and thorough to establish require- poses described in paragraphs (1) and (2) of quirements described in subparagraphs (A)
ments— subsection (a); and and (B) of paragraph (3).
(A) for the development of projects to pre- (II) demonstrate proficiency with the pro- (e) CERTIFICATION, WEBSITE, AND PUBLICA-
vent, reduce, or mitigate greenhouse gas tocols described in clause (i).
TION OF LISTS.—
emissions or sequester carbon that include 1 (B) REQUIREMENTS.—Covered entities cer-
or more baseline scenarios; and (1) CERTIFICATION.—A covered entity may
tified under the Program shall maintain ex-
(B) to quantify, monitor, report, and verify self-certify under the Program by submitting
pertise in the protocols described in subpara-
the prevention, reduction, or mitigation of to the Secretary, through a website main-
graph (A)(i), adhere to the qualifications de-
greenhouse gas emissions or carbon seques- tained by the Secretary—
scribed in subparagraph (A)(ii), and adhere to
tration by projects described in subpara- (A) a notification that the covered entity
any relevant conflict of interest require-
graph (A). will—
ments, as determined appropriate by the
(8) SECRETARY.—The term ‘‘Secretary’’ (i) maintain expertise in the protocols de-
Secretary, for—
means the Secretary of Agriculture. scribed in clause (i) of subsection (d)(1)(A);
(i) the provision of technical assistance to
(9) SOCIALLY DISADVANTAGED FARMER OR and
farmers, ranchers, and private forest land-
RANCHER; SOCIALLY DISADVANTAGED GROUP.— (ii) adhere to the qualifications described
owners for carrying out activities described
The terms ‘‘socially disadvantaged farmer or in clause (ii) of that subsection; and
in paragraph (2); or
rancher’’ and ‘‘socially disadvantaged group’’ (B) appropriate documentation dem-
(ii) the verification of the processes de-
have the meaning given those terms in sec- onstrating the expertise described in sub-
scribed in protocols for voluntary environ-
tion 355(e) of the Consolidated Farm and paragraph (A)(i) and qualifications described
mental credit markets that are used in car-
Rural Development Act (7 U.S.C. 2003(e)). in subparagraph (A)(ii).
rying out activities described in paragraph
(10) TECHNICAL ASSISTANCE.—The term (2) WEBSITE AND SOLICITATION.—During the
(2).
‘‘technical assistance’’ means technical ex- (2) ACTIVITIES.—The activities for which 180-day period beginning on the date on
pertise, information, and tools necessary to covered entities may provide technical as- which the Program is established, the Sec-
assist a farmer, rancher, or private forest sistance or conduct verification of processes retary shall publish, through an existing
landowner who is engaged in or wants to en- under the Program are current and future website maintained by the Secretary—
gage in a project to prevent, reduce, or miti- activities that prevent, reduce, or mitigate (A) information describing how covered en-
gate greenhouse gas emissions or sequester greenhouse gas emissions or sequester car- tities may self-certify under the Program in
carbon to meet a protocol. bon, which may include— accordance with paragraph (1);
(11) VOLUNTARY ENVIRONMENTAL CREDIT (A) land or soil carbon sequestration; (B) information describing how covered en-
MARKET.—The term ‘‘voluntary environ- (B) emissions reductions derived from fuel tities may obtain, through private training
mental credit market’’ means a voluntary choice or reduced fuel use; programs or Department of Agriculture
market through which agriculture or for- (C) livestock emissions reductions, includ- training programs, the requisite expertise—
estry credits may be bought or sold. ing emissions reductions achieved through— (i) in the protocols described in clause (i)
(c) ESTABLISHMENT.— (i) feeds, feed additives, and the use of by- of subsection (d)(1)(A); and
(1) IN GENERAL.—On the date that is 270 products as feed sources; or (ii) to meet the qualifications described in
days after the date of enactment of this Act, (ii) manure management practices; clause (ii) of that subsection;
and after making a positive determination (D) on-farm energy generation; (C) the protocols and qualifications pub-
under paragraph (2), the Secretary shall es- (E) energy feedstock production; lished by the Secretary under subsection
tablish a voluntary program, to be known as (F) fertilizer or nutrient use emissions re- (d)(1)(A); and
the ‘‘Greenhouse Gas Technical Assistance ductions; (D) instructions and suggestions to assist
Provider and Third-Party Verifier Certifi- (G) reforestation; farmers, ranchers, and private forest land-
cation Program’’, to certify covered entities (H) forest management, including improv- owners in facilitating the development of ag-
that the Secretary determines meet the re- ing harvesting practices and thinning dis- riculture or forestry credits and accessing
quirements described in subsection (d). eased trees; voluntary environmental credit markets, in-
(2) DETERMINATION.—The Secretary shall (I) prevention of the conversion of forests, cluding—
establish the Program only if, after consid- grasslands, and wetlands; (i) through working with covered entities
ering relevant information, including the in- (J) restoration of wetlands or grasslands; certified under the Program; and
formation collected or reviewed relating to (K) grassland management, including pre- (ii) by providing information relating to
the assessment conducted under subsection scribed grazing; programs, registries, and protocols of pro-
(h)(1)(A), the Secretary determines that the (L) current practices associated with pri- grams and registries that provide market-
Program will further each of the purposes vate land conservation programs adminis- based participation opportunities for work-
described in paragraphs (1) and (2) of sub- tered by the Secretary; and ing and conservation agricultural and for-
section (a). (M) such other activities, or combinations estry lands.
(3) REPORT.—If the Secretary determines of activities, that the Secretary, in consulta- (3) PUBLICATION.—During the 1-year period
under paragraph (2) that the Program would tion with the Advisory Council, determines beginning on the date on which the Program
not further the purposes described in para- to be appropriate. is established, the Secretary, in consultation
graph (1) or (2) of subsection (a) and does not (3) REQUIREMENTS.—In publishing the list with the Advisory Council and following the
establish the Program, the Secretary shall of protocols and description of qualifications review by the Secretary for completeness
publish a report describing the reasons the under paragraph (1)(A), the Secretary, in and accuracy of the certification notifica-
Program would not further those purposes. consultation with the Advisory Council, tions and documentation submitted under
(d) CERTIFICATION QUALIFICATIONS.— shall— paragraph (1), shall use an existing website
(1) IN GENERAL.— (A) ensure that the requirements for cov- maintained by the Secretary to publish—
(A) PROTOCOLS AND QUALIFICATIONS.—After ered entities to certify under the Program (A) a list of covered entities that are cer-
providing public notice and at least a 60-day include maintaining expertise in all relevant tified under paragraph (1) as technical assist-
period for public comment, the Secretary information relating to market-based proto- ance providers; and
shall, during the 90-day period beginning on cols, as appropriate, with regard to— (B) a list of covered entities that are cer-
the date on which the Program is estab- (i) quantification; tified under paragraph (1) as verifiers of the
lished, publish— (ii) verification; processes described in protocols for vol-
(i) a list of, and documents relating to, rec- (iii) additionality; untary environmental credit markets.
ognized protocols for voluntary environ- (iv) permanence; (4) UPDATES.—Not less frequently than
mental credit markets that are designed to (v) reporting; and quarterly, the Secretary, in consultation
ensure consistency, reliability, effectiveness, (vi) other expertise, as determined by the with the Advisory Council, shall update the
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efficiency, and transparency, including pro- Secretary; and lists published under paragraph (3).
tocol documents and details relating to— (B) ensure that a covered entity certified (5) SUBMISSION.—The Secretary shall notify
(I) calculations; under the Program is required to perform, Congress of the publication of the initial list
(II) sampling methodologies; and to demonstrate expertise, as determined under paragraph (3).
(III) accounting principles; by the Secretary, in accordance with best (6) REQUIREMENT.—To remain certified
(IV) systems for verification, monitoring, management practices for agricultural and under the Program, a covered entity shall
measurement, and reporting; and forestry activities that prevent, reduce, or continue—
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S3520 CONGRESSIONAL RECORD — SENATE May 26, 2021
(A) to maintain expertise in the protocols appropriate, not to exceed $1,000 per viola- (D) CHAIR.—The Secretary shall designate
described in subparagraph (A)(i) of sub- tion; and a member of the Advisory Council to serve as
section (d)(1); and (ii) ineligible to certify under the Program the Chair.
(B) to adhere to the qualifications de- for the 5-year period beginning on the date of (E) TERMS.—
scribed in subparagraph (A)(ii) of that sub- the violation. (i) IN GENERAL.—The term of a member of
section. (g) GREENHOUSE GAS TECHNICAL ASSIST- the Advisory Council shall be 2 years, except
(7) AUDITING.—Not less frequently than an- ANCE PROVIDER AND THIRD-PARTY VERIFIER that, of the members first appointed—
nually, the Secretary shall conduct audits of CERTIFICATION PROGRAM ADVISORY COUN- (I) not fewer than 8 members shall serve
covered entities that are certified under the CIL.— for a term of 1 year;
Program to ensure compliance with the re- (1) IN GENERAL.—During the 90-day period (II) not fewer than 12 members shall serve
quirements under subsection (d)(1)(B) beginning on the date on which the Program for a term of 2 years; and
through an audit process that includes a rep- is established, the Secretary shall establish (III) not fewer than 12 members shall serve
resentative sample of— an advisory council, to be known as the for a term of 3 years.
(A) technical assistance providers; and ‘‘Greenhouse Gas Technical Assistance Pro- (ii) ADDITIONAL TERMS.—After the initial
(B) verifiers of the processes described in vider and Third-Party Verifier Certification term of a member of the Advisory Council,
protocols for voluntary environmental credit Program Advisory Council’’. including the members first appointed, the
markets.
(2) MEMBERSHIP.— member may serve not more than 4 addi-
(8) REVOCATION OF CERTIFICATION.—
(A) IN GENERAL.—The Advisory Council tional 2-year terms.
(A) IN GENERAL.—The Secretary may re-
shall be composed of members appointed by (3) MEETINGS.—
voke the certification of a covered entity
the Secretary in accordance with this para- (A) FREQUENCY.—The Advisory Council
under the Program in the event of—
graph. shall meet not less frequently than annually,
(i) noncompliance with the requirements
(B) GENERAL REPRESENTATION.—The Advi- at the call of the Chair.
under subsection (d)(1)(B); or
sory Council shall— (B) INITIAL MEETING.—During the 90-day pe-
(ii) a violation of subsection (f)(2)(A).
(i) be broadly representative of the agri- riod beginning on the date on which the
(B) NOTIFICATION.—If the Secretary re-
vokes a certification of a covered entity culture and private forest sectors; members are appointed under paragraph
under subparagraph (A), to the extent prac- (ii) include socially disadvantaged farmers (2)(A), the Advisory Council shall hold an
ticable, the Secretary shall— and ranchers and other historically under- initial meeting.
(i) request from that covered entity con- served farmers, ranchers, or private forest (4) DUTIES.—The Advisory Council shall—
tact information for all farmers, ranchers, landowners; and (A) periodically review and recommend
and private forest landowners to which the (iii) be composed of not less than 51 per- any appropriate changes to—
covered entity provided technical assistance cent farmers, ranchers, or private forest (i) the list of protocols and description of
or the verification of the processes described landowners. qualifications published by the Secretary
in protocols for voluntary environmental (C) MEMBERS.—Members appointed under under subsection (d)(1)(A); and
credit markets; and subparagraph (A) shall include— (ii) the requirements described in sub-
(ii) notify those farmers, ranchers, and pri- (i) not more than 2 representatives of the section (d)(1)(B);
vate forest landowners of the revocation. Department of Agriculture, as determined by (B) make recommendations to the Sec-
(9) FAIR TREATMENT OF FARMERS.—The Sec- the Secretary; retary regarding the best practices that
retary shall ensure, to the maximum extent (ii) not more than 1 representative of the should be included in the protocols, descrip-
practicable, that covered entities certified Environmental Protection Agency, as deter- tion of qualifications, and requirements de-
under paragraph (1) act in good faith— mined by the Administrator of the Environ- scribed in subparagraph (A); and
(A) to provide realistic estimates of costs mental Protection Agency; (C) advise the Secretary regarding—
and revenues relating to activities and (iii) not more than 1 representative of the
(i) the current methods used by voluntary
verification of processes, as applicable to the National Institute of Standards and Tech-
environmental credit markets to quantify
covered entity, as described in subsection nology;
and verify the prevention, reduction, and
(d)(2); and (iv) not fewer than 12 representatives of
mitigation of greenhouse gas emissions or
(B) in the case of technical assistance pro- the agriculture industry, appointed in a
sequestration of carbon;
viders, to assist farmers, ranchers, and pri- manner that is broadly representative of the
(ii) additional considerations for certifying
vate forest landowners in ensuring that the agriculture sector, including not fewer than
covered entities under the Program;
farmers, ranchers, and private forest land- 6 active farmers and ranchers;
(iii) means to reduce barriers to entry in
owners receive fair distribution of revenues (v) not fewer than 4 representatives of pri-
the business of providing technical assist-
derived from the sale of an agriculture or vate forest landowners or the forestry and
ance or the verification of the processes de-
forestry credit. forest products industry appointed in a man-
ner that is broadly representative of the pri- scribed in protocols for voluntary environ-
(10) SAVINGS CLAUSE.—Nothing in this sec-
vate forest sector; mental credit markets for covered entities,
tion authorizes the Secretary to compel a
(vi) not more than 4 representatives of the including by improving technical assistance
farmer, rancher, or private forest landowner
relevant scientific research community, in- provided by the Secretary;
to participate in a transaction or project fa-
cluding not fewer than 2 representatives (iv) means to reduce compliance and
cilitated by a covered entity certified under
from land-grant colleges and universities (as verification costs for farmers, ranchers, and
paragraph (1).
(f) ENFORCEMENT.— defined in section 1404 of the National Agri- private forest landowners in entering vol-
(1) PROHIBITION ON CLAIMS.— cultural Research, Extension, and Teaching untary environmental credit markets, in-
(A) IN GENERAL.—A person that is not cer- Policy Act of 1977 (7 U.S.C. 3103)), of which 1 cluding through mechanisms and processes
tified under the Program in accordance with shall be a representative of a college or uni- to aggregate the value of activities across
this section shall not knowingly make a versity eligible to receive funds under the land ownership;
claim that the person is a ‘‘USDA-certified Act of August 30, 1890 (commonly known as (v) issues relating to land and asset owner-
technical assistance provider or third-party the ‘‘Second Morrill Act’’) (26 Stat. 417, chap- ship in light of evolving voluntary environ-
verifier for voluntary environmental credit ter 841; 7 U.S.C. 321 et seq.), including mental credit markets; and
markets’’ or any substantially similar claim. Tuskegee University; (vi) additional means to reduce barriers to
(B) PENALTY.—Any person that violates (vii) not more than 2 experts or profes- entry in voluntary environmental credit
subparagraph (A) shall be— sionals familiar with voluntary environ- markets for farmers, ranchers, and private
(i) subject to a civil penalty equal to such mental credit markets and the verification forest landowners, particularly for histori-
amount as the Secretary determines to be requirements in those markets; cally underserved, socially disadvantaged, or
appropriate, not to exceed $1,000 per viola- (viii) not more than 3 members of non- limited resource farmers, ranchers, or pri-
tion; and governmental or civil society organizations vate forest landowners.
(ii) ineligible to certify under the Program with relevant expertise, of which not fewer (5) COMPENSATION.—The members of the
for the 5-year period beginning on the date of than 1 shall represent the interests of so- Advisory Council shall serve without com-
the violation. cially disadvantaged groups; pensation.
(2) SUBMISSION OF FRAUDULENT INFORMA- (ix) not more than 3 members of private (6) CONFLICT OF INTEREST.—The Secretary
TION.— sector entities or organizations that partici- shall prohibit any member of the Advisory
(A) IN GENERAL.—A person, regardless of pate in voluntary environmental credit mar- Council from—
whether the person is certified under the kets through which agriculture or forestry (A) engaging in any determinations or ac-
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program, shall not submit fraudulent infor- credits are bought and sold; and tivities of the Advisory Council that may re-
mation as part of a notification under sub- (x) any other individual whom the Sec- sult in the favoring of, or a direct and pre-
section (e)(1). retary determines to be necessary to ensure dictable effect on—
(B) PENALTY.—Any person that violates that the Advisory Council is composed of a (i) the member or a family member, as de-
subparagraph (A) shall be— diverse group of representatives of industry, termined by the Secretary;
(i) subject to a civil penalty equal to such academia, independent researchers, and pub- (ii) stock owned by the member or a family
amount as the Secretary determines to be lic and private entities. member, as determined by the Secretary; or
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May 26, 2021 CONGRESSIONAL RECORD — SENATE S3521
(iii) the employer of, or a business owned and reach, if the Department of Agriculture landowners in voluntary environmental cred-
in whole or in part by, the member or a fam- were involved, including by considering the it markets; and
ily member, as determined by the Secretary; role of the Department of Agriculture in re- (4) any recommendations for improve-
or ducing the barriers to entry identified under ments to the Program.
(B) providing advice or recommendations clause (v), including by educating stake- (j) CONFIDENTIALITY.—
regarding, or otherwise participating in, holders about voluntary environmental cred- (1) PROHIBITION.—
matters of the Advisory Council that— it markets; (A) IN GENERAL.—Except as provided in
(i) constitute a conflict of interest under (xii) the extent to which existing protocols paragraph (2), the Secretary, any other offi-
section 208 of title 18, United States Code; or in voluntary environmental credit markets, cer or employee of the Department of Agri-
(ii) may call into question the integrity of including verification, additionality, perma- culture or any agency of the Department of
the Advisory Council, the Program, or the nence, and reporting, adequately take into Agriculture, or any other person may not
technical assistance or verification activi- consideration and account for factors en- disclose to the public the information held
ties described under subsection (d)(2). countered by the agriculture and private for- by the Secretary described in subparagraph
(7) FACA APPLICABILITY.—The Advisory est sectors in preventing, reducing, or miti- (B).
Council shall be subject to the Federal Advi- gating greenhouse gases or sequestering car- (B) INFORMATION.—
sory Committee Act (5 U.S.C. App.), except bon through agriculture and forestry prac- (i) IN GENERAL.—Except as provided in
that section 14(a)(2) of that Act shall not tices, considering variances across regions, clause (ii), the information prohibited from
apply. topography, soil types, crop or species vari- disclosure under subparagraph (A) is—
(h) ASSESSMENT.— eties, and business models; (I) information collected by the Secretary
(1) IN GENERAL.—Not later than 240 days (xiii) the extent to which existing proto- or published by the Secretary under sub-
after the date of enactment of this Act, the cols in voluntary environmental credit mar- section (h) or (i);
Secretary, in consultation with the Adminis- kets consider options to ensure the contin- (II) personally identifiable information, in-
trator of the Environmental Protection ued valuation, through discounting or other cluding in a contract or service agreement,
Agency, shall— means, of agriculture and forestry credits in of a farmer, rancher, or private forest land-
(A) conduct an assessment, including by the case of the practices underlying those owner, obtained by the Secretary under
incorporating information from existing credits being disrupted due to unavoidable paragraph (7) or (8)(B)(i) of subsection (e);
publications and reports of the Department events, including production challenges and and
of Agriculture and other entities with rel- (III) confidential business information in a
natural disasters; and
evant expertise, regarding— contract or service agreement of a farmer,
(xiv) opportunities for other voluntary
(i) the number and categories of non-Fed- rancher, or private forest landowner ob-
markets outside of voluntary environmental
eral actors in the nonprofit and for-profit tained by the Secretary under paragraph (7)
credit markets to foster the trading, buying,
sectors involved in buying, selling, and trad- or (8)(B)(i) of subsection (e).
or selling of credits that are derived from ac-
ing agriculture or forestry credits in vol- (ii) AGGREGATED RELEASE.—Information
tivities that provide other ecosystem service
untary environmental credit markets; described in clause (i) may be released to the
benefits, including activities that improve
(ii) the estimated overall domestic market public if the information has been trans-
water quality, water quantity, wildlife habi-
demand for agriculture or forestry credits at
tat enhancement, and other ecosystem serv- formed into a statistical or aggregate form
the end of the preceding 4-calendar year pe-
ices, as the Secretary determines appro- that does not allow the identification of the
riod, and historically, in voluntary environ-
priate; person who supplied or is the subject of the
mental credit markets;
(B) publish the assessment; and particular information.
(iii) the total number of agriculture or for-
(C) submit the assessment to the Com- (2) EXCEPTION.—Paragraph (1) shall not
estry credits (measured in metric tons of
mittee on Agriculture, Nutrition, and For- prohibit the disclosure—
carbon dioxide equivalent) that were esti-
estry of the Senate and the Committee on (A) of the name of any covered entity pub-
mated to be in development, generated, or
Agriculture of the House of Representatives. lished and submitted by the Secretary under
sold in market transactions during the pre-
(2) QUADRIENNIAL ASSESSMENT.—The Sec- subsection (i)(2); or
ceding 4-calendar year period, and histori-
cally, in voluntary environmental credit retary, in consultation with the Adminis- (B) by an officer or employee of the Fed-
markets; trator of the Environmental Protection eral Government of information described in
(iv) the estimated supply and demand of Agency and the Advisory Council, shall con- paragraph (1)(B) as otherwise directed by the
metric tons of carbon dioxide equivalent of duct the assessment described in paragraph Secretary or the Attorney General for en-
offsets in the global marketplace for the (1)(A) and publish and submit the assessment forcement purposes.
in accordance with subparagraphs (B) and (C) (k) FUNDING.—
next 4 years;
(v) the barriers to entry due to compliance of paragraph (1) every 4 years after the publi- (1) AUTHORIZATION OF APPROPRIATIONS.—In
and verification costs described in sub- cation and submission of the first assess- addition to the amount made available under
section (g)(4)(C)(iv); ment under subparagraphs (B) and (C) of paragraph (2), there is authorized to be ap-
(vi) the state of monitoring and measure- paragraph (1). propriated to carry out this section $1,000,000
ment technologies needed to quantify long- (i) REPORT.—Not later than 2 years after for each of fiscal years 2022 through 2026.
term carbon sequestration in soils and from the date on which the Program is estab- (2) DIRECT FUNDING.—
other activities to prevent, reduce, or miti- lished, and every 2 years thereafter, the Sec- (A) RESCISSION.—There is rescinded
gate greenhouse gas emissions in the agri- retary shall publish and submit to the Com- $4,100,000 of the unobligated balance of
culture and forestry sectors; mittee on Agriculture, Nutrition, and For- amounts made available by section 1003 of
(vii) means to reduce barriers to entry into estry of the Senate and the Committee on the American Rescue Plan Act of 2021 (Pub-
voluntary environmental credit markets for Agriculture of the House of Representatives lic Law 117–2).
small, beginning, and socially disadvantaged a report describing, for the period covered by (B) DIRECT FUNDING.—If sufficient unobli-
farmers, ranchers, and private forest land- the report— gated amounts made available by section
owners and the extent to which existing pro- (1) the number of covered entities that— 1003 of the American Rescue Plan Act of 2021
tocols in voluntary environmental credit (A) were registered under the Program; (Public Law 117–2) are available on the date
markets allow for aggregation of projects (B) were new registrants under the Pro- of enactment of this Act to execute the en-
among farmers, ranchers, and private forest gram, if applicable; and tire rescission described in subparagraph (A),
landowners; (C) did not renew their registration under then on the day after the execution of the
(viii) means to leverage existing Depart- the Program, if applicable; entire rescission, there is appropriated to the
ment of Agriculture programs and other Fed- (2) each covered entity the certification of Secretary, out of amounts in the Treasury
eral programs that could improve, lower the which was revoked by the Secretary under not otherwise appropriated, $4,100,000 to
costs of, and enhance the deployment of subsection (e)(8); carry out this section.
monitoring and measurement technologies (3) a review of the outcomes of the Pro-
---
SA 2052. Ms. ERNST submitted an
described in clause (vi); gram, including—
(ix) the potential impact of Department of (A) the ability of farmers, ranchers, and amendment intended to be proposed to
Agriculture activities on supply and demand private forest landowners, including small, amendment SA 1502 proposed by Mr.
of agriculture or forestry credits; beginning, and socially disadvantaged farm- SCHUMER to the bill S. 1260, to establish
(x) the potential role of the Department of ers, ranchers, and private forest landowners, a new Directorate for Technology and
Agriculture in encouraging innovation in to develop agriculture or forestry credits Innovation in the National Science
voluntary environmental credit markets; through covered entities certified under the Foundation, to establish a regional
dlhill on DSK120RN23PROD with SENATE
(xi) the extent to which the existing re- Program; technology hub program, to require a
gimes for generating and selling agriculture (B) methods to improve the ability of farm-
strategy and report on economic secu-
or forestry credits, as the regimes exist at ers, ranchers, and private forest landowners
the end of the preceding 4-calendar year pe- to overcome barriers to entry to voluntary rity, science, research, innovation,
riod, and historically, and existing voluntary environmental credit markets; and manufacturing, and job creation, to es-
environmental credit markets, may be im- (C) methods to further facilitate participa- tablish a critical supply chain resil-
peded or constricted, or achieve greater scale tion of farmers, ranchers, and private forest iency program, and for other purposes;
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