Congressional Record — Senate, June 24, 2021
Summary
A page of the Congressional Record, Senate, dated June 24, 2021, at page S4736, carrying floor debate. Mr. Schumer says the bipartisan infrastructure agreement and a budget resolution are tied together and must move on parallel tracks, and describes the confirmation of judges. The Senate then takes up S. 1251, the Growing Climate Solutions Act of 2021, where Mr. Lee calls up amendment No. 2119 and argues the bill could ultimately quell the carbon credit market. Mr. Boozman speaks in support of the bill, saying farmers, ranchers and foresters are the greatest stewards of the land. Mr. Leahy speaks on a bill to reform the EB–5 program, saying moneyed interests have blocked reform.
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
Cite this document
“Congressional Record — Senate, June 24, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-06-24-crec-2021-06-24-pt1-pgs4736-3-a36446266b/
, SHA-256 dd019a040b3da61dc059ed7a4187df44e611e32e341523025c392574b5bf981b.Full text
S4736 CONGRESSIONAL RECORD — SENATE June 24, 2021
Presidency in over 50 years, including that we have to pass both tracks to- LEGISLATIVE SESSION
the first 6 months of Donald Trump’s gether. ---
Presidency. So we are making good, Speaker PELOSI and I were made
good progress, and we have done it aware of the concepts of the agree- GROWING CLIMATE SOLUTIONS
with judges who break the Federal ment—the bipartisan agreement—last ACT OF 2021
mold—Federal defenders, civil rights night. And while we have yet to see the The ACTING PRESIDENT pro tem-
lawyers, voting rights lawyers, the details, I am encouraged by the pore. Under the previous order, the
first Native American judge, the first progress the bipartisan group of Sen- Senate will proceed to the consider-
Muslim American judge. Those make ators has made. I have supported these ation of S. 1251, which the clerk will re-
me proud that we are constantly ex- bipartisan discussions from the begin- port.
panding who in America can get to the ning, and I want to thank my col- The senior assistant legislative clerk
bench. All of these folks have one thing leagues for their hard work. read as follows:
in common: They are individuals of im- Senate Democrats have also made A bill (S. 1251) to authorize the Secretary
peccable character and impressive cre- significant progress on preparing a of Agriculture to develop a program to re-
budget resolution. duce barriers to entry for farmers, ranchers,
dentials.
These two efforts are tied together. and private forest landowners in certain vol-
The Democratic Senate is restoring untary markets, and for other purposes.
Let me make that clear. The bipartisan
balance to the judiciary with highly AMENDMENT NO. 2119
infrastructure bill and the budget reso-
qualified, mainstream jurists who re- (Purpose: In the nature of a sub-
lution are tied together. If the Senate
flect the diversity of this country, and is going to move forward with a bipar- stitute.)
we are going to keep at it when we tisan infrastructure bill, we must also Mr. LEE. Madam President, I call up
come back in July and beyond. move forward on a budget resolution, my amendment No. 2119 and ask that it
f as well. I have discussed this with be reported by number.
INFRASTRUCTURE President Biden directly on several oc- The ACTING PRESIDENT pro tem-
casions, and he agrees that we cannot pore. The clerk will report the amend-
Mr. SCHUMER. Madam President, on ment by number.
do one without the other, and he has
another matter, infrastructure, our Na- The senior assistant legislative clerk
let the participants know that. Speak-
tion’s economic potential depends on er PELOSI agrees that we cannot do one read as follows:
the quality of its infrastructure. Our without the other. All parties under- The Senator from Utah [Mr. LEE] proposes
businesses, workers, farmers, manufac- stand that we won’t get enough votes an amendment numbered 2119.
turers—you name it—they all depend to pass either unless we have enough (The amendment is printed in the
on the infrastructure networks that votes to pass both. RECORD of June 22, 2021, under ‘‘Text of
connect our country. And here in the When the Senate returns in July, it Amendments.’’)
21st century, electrical grids and will be time to take the next step and Mr. LEE. Madam President, as Amer-
broadband internet access are just as hold the first votes on the bipartisan icans want to buy more clean and
important as roads, bridges, and high- infrastructure bill on the floor of the green products, the market has been
ways. Senate. Senators should also be pre- finding solutions to provide those prod-
But it has been decades—decades— pared to consider a budget resolution ucts.
since Congress passed a significant, that will clear the way for the budget The Growing Climate Solutions Act
stand-alone bill to increase Federal in- reconciliation bill as soon as possible. before us, however, will not. Though it
vestment in infrastructure. Our roads The bottom line is, both tracks need seeks to aid the carbon credit market,
and bridges are crumbling. Children to make progress concurrently. it could ultimately serve only to quell
learn in dilapidated schools. Large This is about building a foundation it. Let’s just take a look at how the
swaths of rural America lack access to for the United States to remain the carbon credit market currently works.
broadband internet. world economic leader in the 21st cen- Farmers, ranchers, and private for-
We need to refashion much of our in- tury. We are the largest economy in esters develop these credits to sell by
frastructure to address the existential the world, but our infrastructure ranks taking actions to either limit their
threat of climate change. That is so 13th, behind South Korea, Germany, greenhouse gas emissions or to capture
important and essential to the over- Japan, and even the United Arab Emir- greenhouse gas emissions from the at-
whelming majority of my caucus. So ates. mosphere. They work with technical
the Senate, this summer, is going to There isn’t a community in this assistance providers to know how to do
move forward on multiple legislative country without some glaring infra- so and then with third-party verifiers
proposals to make historic investments structure challenge—certainly, in my who make sure that the proper stand-
in our Nation’s infrastructure. And home State of New York. If America is ards are met. Companies can then pur-
when we say that, we mean both types going to prosper in the 21st century, we chase the credits to offset their carbon
of infrastructure: the concrete and can’t have infrastructure that is stuck emissions, and they can also sell un-
steel and that kind of infrastructure— in the last century. used credits to other companies want-
the physical infrastructure—but also We need to pass major investment in ing to offset their carbon emissions. It
the human infrastructure, so that we infrastructure, both physical and is a voluntary exchange and an exam-
can maximize the potential of our peo- human, this year, and I look forward to ple of the market working as it ought
ple which, after all, is our greatest re- holding the first votes when we return to work.
source—our greatest resource. for the July work period. As the demand for these credits
So we are pursuing on multiple—we I yield the floor. grows, more farmers, ranchers, and for-
I suggest the absence of a quorum. esters would explore this revenue-gen-
are making two tracks. The first legis-
The ACTING PRESIDENT pro tem-
lative track is bipartisan. The second erating market, more technical assist-
pore. The clerk will call the roll.
track will incorporate elements of the The senior assistant legislative clerk ance providers and third-party verifiers
American jobs and families plan and proceeded to call the roll. would emerge, and potentially innova-
will be done through the budget proc- Mr. LEE. Madam President, I ask tion would occur with new types of en-
ess, which must pass even if it is not unanimous consent that the order for tities emerging to create and sell car-
bipartisan. the quorum call be rescinded. bon credits beyond these initial three.
There has been significant progress The ACTING PRESIDENT pro tem- So what would the bill do? It would
this week on both tracks. pore. Without objection, it is so or- establish a USDA certification pro-
Yesterday, a bipartisan group of Sen- dered. gram for the technical assistance pro-
dlhill on DSK120RN23PROD with SENATE
ators announced that they had reached f
viders and third-party verifiers in-
an agreement in concept for a bipar- volved in creating carbon credits on
tisan infrastructure proposal, and I CONCLUSION OF MORNING grounds that it would help small farm-
have encouraged them to move for- BUSINESS ers better understand the carbon credit
ward. But I made it explicit to every The ACTING PRESIDENT pro tem- market and know with whom they may
one of them, together and separately, pore. Morning business is closed. work.
VerDate Sep 11 2014 08:07 Jun 25, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.001 S24JNPT1
June 24, 2021 CONGRESSIONAL RECORD — SENATE S4737
In other words, it would create a the first steps. The information gath- the most difficult things God ever cre-
massive accreditation program that ered by USDA through the certifi- ated in terms of a complicated business
would potentially hamper, not foster, cation process will serve as a reliable that involves risk for a return that, in
innovation. It would insert the Federal resource to producers seeking to learn many cases, just isn’t there. Thank
Government into a market that is blos- about both the entities involved and goodness, currently, the markets are
soming on its own, imposing burden- the practices being implemented to rewarding that effort and that great
some regulation and picking winners generate credits that are transacted in risk.
and losers in the carbon credit market- voluntary environmental credit mar- Environmental credits present an in-
place. kets. credible opportunity for American
To make matters worse, it would cor- These markets and the key players farmers because that bottom line is so
rupt the financial incentives of the are evolving very quickly, and this bill meager to begin with. And when you
market by allowing the USDA to cap directs USDA to first assess the cur- have got voluntarily markets out there
revenues and generally regulate the rent state of voluntary environmental that are wanting to reward good stew-
sale of these credits. credit markets because it is important ardship, it should be easy. But signifi-
Though it aims to help small farmers that we all have an understanding of cant barriers still remain.
to participate in this market, it could the landscape first. In today’s market, if you are a small
easily be manipulated to demand the Further, this bill is farmer-friendly. farmer, you are not able to connect
USDA set unusually high protocols and It acknowledges that for farmers and with these markets. Only the large
qualifications and then drive carbon ranchers to be successful, there cannot farmers, both tree and egg, can do it.
credit purchasers solely to credit sell- be a one-size-fits-all approach. A corn This simplifies it; it democratizes it;
ers working with those who fit and farmer in Indiana, a cherry farmer in and it does something, finally, that
comply with the edicts of the Federal Michigan, and a rice farmer in Arkan- that small guy, the landowner, the
Government. sas have different soil types and vary- American family farmer, can get some
This will ultimately only impose ob- ing potential for carbon sequestration. benefit for his or her good stewardship.
stacles for farmers, ranchers, and for- So this bill recognizes the diversity of The Growing Climate Solutions Act
esters, impede potential new partici- agriculture and the practices that may creates a USDA certification program
pants, and, in the end, hurt the envi- be employed by farmers. It provides for third-party technical providers and
ronment. That is why I am offering an educational resources for producers verifiers. It allows the USDA to pro-
alternative. who decide this new market oppor- vide legitimacy to the trustworthy ac-
My amendment would transform this tunity works for their unique business tors in the marketplace. And what is
program into a transparent, informa- model. really unusual, in the short time I have
tional resource for farmers, ranchers, The bill ensures farmers comprise a been here in the U.S. Senate—it was a
and private foresters as they look for majority on the USDA advisory com- surprise yesterday, when I told some
technical assistance providers and mittee and protects the information folks we are actually voting on some-
third-party verifiers. It would include farmers and ranchers share as part of thing on the floor, and it has 55 cospon-
common qualifications and common the program. sors, almost evenly split between
practices of these entities and a list of For these market to work, they must Democrats and Republicans.
providers and verifiers that they could work for our farmers, foresters, ranch- More than 100 outside organizations
reach out to for assistance. ers, and landowners. In order to do back the bill. Farm bureaus, which are
The Federal Government ought to that, they must be at the table. This generally very conservative about
get out of the way for the carbon credit bill provides our stakeholders that doing anything where they are going to
market to continue innovating and voice. endorse, stick their neck out, across
thriving, not squash it. The American Finally, this bill epitomizes a great the board like it. I won’t mention all
Energy Alliance agrees and has issued deal of bipartisan work, while address- the others. It also does it without add-
a favorable vote recommendation. ing the pressing needs of farmers, ing a dime to our deficit. So it is doing
For all of these reasons, I urge my ranchers, and foresters. I thank Sen- something that has got bipartisan sup-
colleagues to support this amendment. ators BRAUN and STABENOW for helping port, tapping voluntary markets, and
The ACTING PRESIDENT pro tem- us to make this the best bill possible. just providing that portal that all
pore. The Senator from Arkansas. Many farmers and stakeholders are farmers are familiar with to use as the
Mr. BOOZMAN. Madam President, excited about this legislation, as are way they take advantage of it.
our farmers, ranchers, and foresters are many Members who cosponsored the We are demonstrating the right solu-
the greatest stewards of the land, and bill and voted to report it out of com- tion. We are making a statement that
many have been working for a long mittee. we need to be involved in addressing
time to preserve natural resources and The bipartisan nature of the work of climate, and we are doing it in a place
protect the environment through on- the committee was exciting to see. We where, thank goodness, agriculture in
farm practices. And now, more than came together and accomplished some- this country is only 10 percent of the
ever, farmers, ranchers, and private thing significant. I hope this spirit of CO2 emissions. The rest is spread
forest landowners are looking to ex- cooperation continues as Congress con- among electric generation, transpor-
plore opportunities to benefit finan- siders new policies on climate change. tation, industrial emitters.
cially through emerging voluntary en- We need to ensure that any policies What that says, when it is 25 percent
vironmental credit markets. are farmer-friendly and farmer-focused, emissions across the world due to agri-
New opportunities to generate bene- remain voluntarily, and avoid a one- culture, there is a lot to be learned
fits through environmental practices size-fits-all approach. from this as well.
hold a great deal of promise. However, Again, thank you to Chairwoman A quick comment on the amendment
producers and landowners must navi- STABENOW and Senator BRAUN for their that we are going to vote on. The key
gate a complex and costly landscape in efforts. I look forward to the debate point is, under both the underlying bill
order to access these markets. and very much support the bill through and the Lee amendment, the USDA
The Growing Climate Solutions Act final passage. will publish a list of entities on a
provides a framework for producers to With that, I yield to Senator BRAUN. USDA website for farmers to use.
access technical assistance, guidance, The ACTING PRESIDENT pro tem- The Senate Ag Committee worked
and resources in these emerging mar- pore. The Senator from Indiana. closely with the Agency, both Under
kets as they investigate whether to Mr. BRAUN. Madam President, in Secretaries Perdue and Vilsack, to en-
dlhill on DSK120RN23PROD with SENATE
pursue this new opportunity. the Senate here, prior to getting here, sure the bill provided the necessary
USDA certification of entities who I have been a tree farmer since the late quality checks so that the folks cer-
will assist farmers in how best to navi- eighties and have been involved in the tified under the program know what
gate these markets will improve mar- agricultural part of farming, other they are doing.
ket integrity and provide farmers and than driving the tractor, for a long The Lee amendment keeps the
ranchers more confidence as they take time. And farming has got to be one of website but strikes these requirements.
VerDate Sep 11 2014 08:07 Jun 25, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.003 S24JNPT1
S4738 CONGRESSIONAL RECORD — SENATE June 24, 2021
This is why groups like the American wards climate-smart agricultural practices. (CRES), I am writing to offer CRES’ strong
Farm Bureau write that Senator LEE’s The bill is also drafted to ensure that bene- support for S. 1251, the Growing Climate So-
amendment would dilute farmers’ in- fits and revenues realized under voluntary lutions Act (GCSA). This bill was reported
market regimes are designed to be equitably by the Senate Agriculture Committee on a
fluence in the composition of the bill’s
distributed among all farmers, including unanimous vote and has been cosponsored by
advisory panel and also removes crit- small and beginning farmers, historically 24 Republican Senators. CRES urges the Sen-
ical protections in the base bill. underserved farmers, and socially disadvan- ate to pass this bipartisan legislation in its
I urge my colleagues to oppose the taged farmers. The bill makes tangible current form.
Lee amendment and to support the un- progress in highlighting these important GCSA will break down barriers for farmers,
derlying bill. stakeholders throughout. ranchers, and landowners to participate in
There being no objection, the mate- Thank you again for your leadership on voluntary carbon credit markets. The bill di-
rial was ordered to be printed in the this important legislation. We are proud to rects the U.S. Department of Agriculture
lend our support to the Growing Climate So- (USDA) to establish a program to certify
RECORD, as follows: lutions Act and encourage the Senate to the third-party verifiers and technical assistance
AMERICAN FARM BUREAU FEDERATION, pass without changes or amendments that providers. This program will connect pro-
Washington, DC, June 23, 2021. would weaken the bill and at the earliest ducers to the experts that will help them
MEMBERS OF THE U.S. SENATE, possible date. earn an additional stream of revenue by
Washington, DC. Sincerely, monetizing conservation practices, which al-
DEAR SENATOR, The American Farm Bu- CITIZENS CLIMATE LOBBY, ready produce many soil, water, and air ben-
reau Federation supports S. 1251, the bipar- ENVIRONMENTAL DEFENSE efits.
tisan Growing Climate Solutions Act of 2021, FUND, This bill establishes a council comprised
and urges its adoption by the Senate. THE EVANGELICAL primarily of experienced farmers and ranch-
The Growing Climate Solutions Act would ENVIRONMENTAL ers to advise USDA on program implementa-
create a certification program at USDA to NETWORK, tion and standards, which will ensure that
help solve technical entry barriers for farm- NATIONAL AUDUBON producers come first in this limited-govern-
ers, ranchers and forest landowners who wish SOCIETY, ment approach. GCSA also contains provi-
to participate in voluntary carbon credit NATIONAL WILDLIFE sions guaranteeing that the program will re-
markets. Lack of access to reliable informa- FEDERATION, main voluntary, that third parties will pro-
tion about markets, qualified technical as- THE NATURE CONSERVANCY. vide accurate estimates of costs and reve-
sistance providers, and credit protocol nues, and that revenues will be distributed
verifiers has limited both landowner partici- fairly to farms of all types and sizes. These
CORN REFINERS ASSOCIATION,
pation and the adoption of practices. provisions are among the reasons the GCSA
Washington, DC.
S. 1251 seeks to provide more clarity and has the overwhelming support of agricul-
The Corn Refiners Association (CRA)
guidance for farmers, ranchers and forest tural leaders, including endorsements from
strongly supports final passage of S. 1251, the
landowners who want to provide the eco- the American Farm Bureau, National Corn
Growing Climate Solutions Act of 2021. This
system services that many consumers and Growers Association, and American Soybean
bipartisan legislation reduces technical
businesses are desiring. This builds upon Association.
entry barriers for producers and forest own-
American agriculture’s strong foundation of Addressing climate change while strength-
ers interested in participating in voluntary
environmental stewardship. ening our international competitiveness will
carbon markets and supports our sector’s
Farm Bureau opposes the Lee amendment require innovation across all sectors of our
role in delivering innovative climate solu-
and any other amendments that would un- economy—including agriculture. CRES
tions.
dermine the bill. The Lee amendment would The Growing Climate Solutions Act re- thanks you and Chairwoman Stabenow and
replace the balanced, and widely supported, flects CRA’s climate change principles, Ranking Member Boozman, for your judi-
program outlined in the current bill with a which guide our industry’s advocacy to en- cious, bipartisan work on this commonsense
haphazard alternative program that would sure a more sustainable future for corn refin- legislation that puts agriculture first while
undermine confidence in the private market- ing, agriculture, and consumers. By lowering providing a real path for decreased carbon
place. Sen. Lee’s amendment goes on to di- this barrier to entry, S. 1251 creates an easier emissions. S. 1251, in its current form, should
lute farmer influence in the composition of way for landowners to be financially re- be expeditiously passed by the U.S. Senate.
the bill’s advisory panel, and also removes warded for the voluntary, sustainable steps Thank you for your leadership on this crit-
critical protections in the base bill to ensure they are taking through selling carbon cred- ical issue.
farmers and ranchers receive their fair share its. Sincerely,
of proceeds under voluntary environmental Unfortunately, the amendment proposed HEATHER REAMS,
credit markets. by Senator Mike Lee (R–UT) would undercut Executive Director.
The Growing Climate Solutions Act of 2021 the central function of this bill by removing
is a carefully crafted bipartisan bill with most of the scientific and good governance FOOD AND AGRICULTURE
over half the Senate supporting as cospon- requirements to become certified under the CLIMATE ALLIANCE,
sors. Your vote in opposition to the Lee bill’s central program by the U.S. Depart- June 23, 2021.
amendment and in support of final passage of ment of Agriculture. Without these critical Re Support Final Passage of S. 1251 and Op-
the overall bill is key to Farm Bureau. protections, many farmers and producers pose Lee Amendment.
Sincerely, will not have access to reliable information, TO THE MEMBERS OF THE U.S. SENATE: The
ZIPPY DUVALL, resulting in unrealistic cost estimates and Food and Agriculture Climate Alliance
President. loss of trust in the carbon markets. Lee’s (FACA) strongly supports final passage of S.
amendment would also remove protections 1251, the Growing Climate Solutions Act of
JUNE 15, 2021. for farmers already certified under the pro- 2021. This bipartisan legislation reduces
Re Support Final Passage of S. 1251. gram and would remove the legislation’s technical entry barriers for producers and
MEMBERS OF THE U.S. SENATE, focus on equity that is intended to ensure forest owners interested in participating in
Washington, DC. farmers of color would benefit from the pro- voluntary carbon markets. FACA consists of
DEAR MEMBERS OF THE U.S. SENATE, We gram and inform its creation. nearly 80 organizations representing farmers,
write to lend our support for the Growing For these reasons, we strongly urge you to ranchers, forest owners, agribusinesses, man-
Climate Solutions Act without changes or vote No on the Lee amendment and Yes on ufacturers, the food and innovation sector,
amendments that would weaken the bill. Our final passage of S. 1251, the Growing Climate state governments, sportsmen and environ-
organizations recognize that there is im- Solutions Act. If there are any questions mental advocates. We commend Senate Agri-
mense potential for agricultural and for- about our position, or interest in holding a culture Committee Chairwoman Debbie Sta-
estry-based natural climate solutions to brief discussion on the legislation or Lee’s benow (D–Mich.), Ranking Member John
meaningfully contribute to the fight against amendment, please contact me. Thank you Boozman (R–Ark.) and Senator Mike Braun
climate change. Farmers, ranchers, and for- for your consideration. (R–lnd.) for crafting overwhelmingly bipar-
esters are on the front lines of severe weath- Sincerely, tisan legislation that supports our sectors’
er events that are exacerbated by the chang- ROBIN J. BOWEN, role in delivering innovative climate solu-
ing climate. The Growing Climate Solutions Senior Vice President, External Affairs. tions.
Act will help producers remain resilient in One of FACA’s guiding principles states
dlhill on DSK120RN23PROD with SENATE
the face of these threats and accelerate their CITIZENS FOR RESPONSIBLE that federal climate policy must be built
contribution to a solution. ENERGY SOLUTIONS, upon voluntary, incentive-based programs
The Growing Climate Solutions Act is a Washington, DC, June 23, 2021. and market-driven opportunities. By fos-
thoughtful and nuanced piece of legislation Hon. MIKE BRAUN. tering the growth of voluntary markets, S.
that ensures that farmers are at the fore- Washington, DC. 1251 does just that.
front in tapping into the potential benefits DEAR SENATOR BRAUN, On behalf of Citi- Unfortunately, the amendment proposed
of a market-based revenue system that re- zens for Responsible Energy Solutions by Senator Mike Lee (R–Utah) undercuts the
VerDate Sep 11 2014 08:07 Jun 25, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.005 S24JNPT1
June 24, 2021 CONGRESSIONAL RECORD — SENATE S4739
central function of this bill by eliminating my partner and ranking member on the More than 175 advocates, organiza-
the scientific and good governance require- committee, Senator BOOZMAN, for his tions, and companies support this bill.
ments that technical assistance providers leadership and helping us improve this They see it as a win-win for agriculture
and third-party verifiers would need to meet
bill and getting it to where we are and the environment. That coalition is
to become certified by the U.S. Department
of Agriculture. The certification program is right now. mirrored in the broad support we have
critical to ensure that farmers are protected Our farmers and ranchers are bat- here in the U.S. Senate, with now up-
in the emerging marketplace and have ac- tling the consequences of carbon pollu- wards of 55 cosponsors who have joined
cess to reliable information. tion and other greenhouse gases every in this bill. Given today’s politics, that
For these reasons, we strongly urge you to day. They are on the frontlines every says a lot about what this bill rep-
vote No on the Lee amendment and Yes on day. Producers are having to deal with resents.
final passage of S. 1251, the Growing Climate higher highs and lower lows more so Solving the climate crisis is a crit-
Solutions Act.
than ever before. ical challenge for all of us, and today
Sincerely,
Agriculture & Applied Economics Associa-
Even as we speak, the Southeast is we are taking landmark steps toward
tion, Agriculture Retailers Association, Ala- recovering from catastrophic flooding supporting agriculture and forestry
bama Farmers Federation, American Asso- as a result of Hurricane Claudette, and leadership in addressing this.
ciation of Veterinary Medical Colleges, the West is facing record heat that I encourage all of my colleagues to
American Biagas Council, American Farm threatens the health of farmers and vote yes on the Growing Climate Solu-
Bureau Federation, American Feed Industry farmworkers in an unprecedented wild- tions Act, to vote no on the Lee
Association, American Mushroom Institute, fire season. Nearly half of the country amendment, which would essentially
American Seed Trade Association, American is in drought, including 90 percent of gut the bill, and allow us, in this tre-
Society of Animal Science, American Soy-
bean Association, American Sugar Alliance,
my home State of Michigan—90 per- mendous bipartisan effort, to move for-
Arizona Farm Bureau Federation, Associa- cent. It could not be clearer that cli- ward on something very important.
tion of Equipment Manufacturers, Associa- mate is in crisis. I yield the floor.
tion of Public & Land Grant Universities. The good news is that farmers and VOTE ON AMENDMENT NO. 2119
Biological Products Industry Alliance, Bio- foresters are already leading the way Madam President, I would ask unani-
technology Innovation Organization, Cali- on the climate crisis, as my colleagues mous consent that the scheduled vote
fornia Farm Bureau Federation, Center for have said, through their many con- occur immediately.
Rural Affairs, Colorado Farm Bureau, Com- servation efforts. They work to reduce
posite Panel Association, Corn Refiners As-
The ACTING PRESIDENT pro tem-
their impact every day through con- pore. Is there objection?
sociation, Crop Insurance and Reinsurance
Bureau, Croplife America, Ducks Unlimited, servation practices that cut down on Without objection, it is so ordered.
Environmental Defense Fund, Evangelical emissions and store carbon in their soil The question is on agreeing to
Environmental Network, Farm Credit Coun- and trees. amendment No. 2119.
cil, Farm Journal Foundation, Florida Farm According to the National Acad- Mr. LEE. I ask for the yeas and nays.
Bureau Federation. emies, scaling up these climate-smart The ACTING PRESIDENT pro tem-
FMI—The Food Industry Association, agriculture and forestry practices in pore. Is there a sufficient second?
Global Cold Chain Alliance, Growth Energy, the United States could offset the an- There appears to be a sufficient sec-
Illinois Farm Bureau, Indiana Agriculture nual emissions of nearly 110 million ond.
Coalition for Renewable Energy, Indiana
Farm Bureau, Iowa Farm Bureau, Kentucky
cars. And I am from the car State, The clerk will call the roll.
Farm Bureau, Land Trust Alliance, Lou- Madam President. I still want you to The senior assistant bill clerk called
isiana Farm Bureau Federation, Michigan buy an automobile. But this is very the roll.
Farm Bureau, Minnesota Farm Bureau, Na- significant. The result was announced—yeas 11,
tional Alliance of Forest Owners, National The Growing Climate Solutions Act nays 89, as follows:
Association for the Advancement of Animal is a key piece of the enormous poten- [Rollcall Vote No. 250 Leg.]
Science, National Association of State De- tial that land-based solutions have to YEAS—11
partments of Agriculture. help solve this crisis. This bill gives
National Association of University Forest Cotton Johnson Scott (FL)
Resource Programs, National Cattlemen’s
producers even more effective tools to Cruz Lankford Sullivan
lead and new opportunities for eco- Hagerty Lee Toomey
Beef Association, National Corn Growers As- Hawley Paul
sociation, National Cotton Council, National nomic successes as well.
Council of Farmer Cooperatives, National The bill equips producers to succeed NAYS—89
Farmers Union, National Grange, National by doing three things. First, it sets up Baldwin Graham Portman
Milk Producers Federation, National Pork a network of trusted outside experts Barrasso Grassley Reed
Producers Council, National Potato Council, Bennet Hassan Risch
and third-party verifiers, certified by Blackburn Heinrich
New Mexico Farm and Livestock Bureau, Romney
the USDA, to provide technical assist- Blumenthal Hickenlooper Rosen
New York Farm Bureau, North American
ance and help producers generate and Blunt Hirono Rounds
Meat Institute, North American Millers’ As- Booker Hoeven
sociation, North Carolina Farm Bureau Fed- sell their voluntary carbon credits, Rubio
Boozman Hyde-Smith Sanders
eration. which, by the way, Senator LEE’s Braun Inhofe Sasse
North Dakota Grain Growers Association, amendment would gut, which is why I Brown Kaine Schatz
Ohio Farm Bureau Federation, Oklahoma do not support that amendment. Burr Kelly
Schumer
Cantwell Kennedy
Farm Bureau, Pennsylvania Farm Bureau, Then it creates a comprehensive on- Capito King
Scott (SC)
Pheasants Forever & Quail Forever, Produce line resource, a one-stop shop, to help Cardin Klobuchar
Shaheen
Marketing Association, Shellfish Growers Shelby
our farmers get the information they Carper Leahy
Climate Coalition, Society of American For- Casey Luján Sinema
need and create income by providing Smith
esters, Supporters of Agricultural Research Cassidy Lummis
(SoAR) Foundation, The Federation of
sustainable practices through vol- Collins Manchin Stabenow
Southern Cooperatives, The Fertilizer Insti- untary carbon markets and traditional Coons Markey Tester
Thune
tute, The National Institute for Animal Ag- USDA conservation programs. Cornyn Marshall
Cortez Masto McConnell Tillis
riculture, The Nature Conservancy, Theo- Finally, it sets up a very important Tuberville
Cramer Menendez
dore Roosevelt Conservation Partnership, advisory council made up of a majority Crapo Merkley Van Hollen
Trout Unlimited, U.S. Durum Growers Asso- of farmers and foresters with tremen- Daines Moran Warner
ciation, USA Rice, Vermont Farm Bureau. dous diversity, as well as representa- Duckworth Murkowski Warnock
Durbin Murphy Warren
Mr. BRAUN. I yield the floor. tives from the research community and Ernst Murray Whitehouse
Ms. STABENOW. Madam President. the private industry, to help guide the Feinstein Ossoff Wicker
The ACTING PRESIDENT pro tem- USDA as they put this together. Fischer Padilla Wyden
dlhill on DSK120RN23PROD with SENATE
pore. The Senator from Michigan. The bottom line: It gives them the Gillibrand Peters Young
Ms. STABENOW. Madam President, I opportunity to work with the U.S. De- The amendment (No. 2119) was re-
rise today in support of S. 1251, the partment of Agriculture to design a jected.
Growing Climate Solutions Act. I first carbon market that works for them, The bill was ordered to be engrossed
want to thank my partner in this land- not Wall Street. In other words this, for a third reading and was read the
mark legislation, Senator BRAUN, and bill puts farmers and foresters first. third time.
VerDate Sep 11 2014 08:07 Jun 25, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.006 S24JNPT1
S4740 CONGRESSIONAL RECORD — SENATE June 24, 2021
The PRESIDING OFFICER (Mr. (2) AGRICULTURE OR FORESTRY CREDIT.—The (2) DETERMINATION.—The Secretary shall
LUJÁN). The bill having been read the term ‘‘agriculture or forestry credit’’ means establish the Program only if, after consid-
third time, the question is, Shall the a credit derived from the prevention, reduc- ering relevant information, including the in-
tion, or mitigation of greenhouse gas emis- formation collected or reviewed relating to
bill pass? sions or carbon sequestration on agricultural the assessment conducted under subsection
Mr. CARPER. I ask for the yeas and land or private forest land that may be (h)(1)(A), the Secretary determines that the
nays. bought or sold on a voluntary environmental Program will further each of the purposes
The PRESIDING OFFICER. Is there a credit market. described in paragraphs (1) and (2) of sub-
sufficient second? (3) BEGINNING FARMER OR RANCHER.—The section (a).
There appears to be a sufficient sec- term ‘‘beginning farmer or rancher’’ has the (3) REPORT.—If the Secretary determines
ond. meaning given the term in section 2501(a) of under paragraph (2) that the Program would
The clerk will call the roll. the Food, Agriculture, Conservation, and not further the purposes described in para-
Trade Act of 1990 (7 U.S.C. 2279(a)). graph (1) or (2) of subsection (a) and does not
The legislative clerk called the roll. (4) COVERED ENTITY.—The term ‘‘covered establish the Program, the Secretary shall
The result was announced—yeas 92, entity’’ means a person or State that ei- publish a report describing the reasons the
nays 8, as follows: ther— Program would not further those purposes.
[Rollcall Vote No. 251 Leg.] (A) is a provider of technical assistance to
(d) CERTIFICATION QUALIFICATIONS.—
YEAS—92 farmers, ranchers, or private forest land-
(1) IN GENERAL.—
owners in carrying out sustainable land use
Baldwin Graham Portman (A) PROTOCOLS AND QUALIFICATIONS.—After
management practices that—
Barrasso Grassley Reed providing public notice and at least a 60-day
Bennet Hagerty (i) prevent, reduce, or mitigate greenhouse
Risch period for public comment, the Secretary
Blackburn Hassan Romney gas emissions; or
shall, during the 90-day period beginning on
Blumenthal Heinrich Rosen (ii) sequester carbon; or
the date on which the Program is estab-
Blunt Hickenlooper Rounds (B) is a third-party verifier entity that
lished, publish—
Boozman Hirono Rubio conducts the verification of the processes de-
Braun Hoeven (i) a list of, and documents relating to, rec-
Sasse scribed in protocols for voluntary environ-
Brown Hyde-Smith Schatz mental credit markets. ognized protocols for voluntary environ-
Burr Johnson Schumer (5) GREENHOUSE GAS.—The term ‘‘green- mental credit markets that are designed to
Cantwell Kaine ensure consistency, reliability, effectiveness,
Scott (FL) house gas’’ means—
Capito Kelly efficiency, and transparency, including pro-
Scott (SC) (A) carbon dioxide;
Cardin Kennedy
Shaheen (B) methane; tocol documents and details relating to—
Carper King
Casey Klobuchar
Shelby
(C) nitrous oxide; and (I) calculations;
Cassidy Lankford Sinema (II) sampling methodologies;
Smith
(D) any other gas that the Secretary, in
Collins Leahy consultation with the Advisory Council, de- (III) accounting principles;
Coons Luján Stabenow (IV) systems for verification, monitoring,
Sullivan termines has been identified to have heat
Cornyn Lummis measurement, and reporting; and
Cortez Masto Manchin Tester trapping qualities.
Thune (6) PROGRAM.—The term ‘‘Program’’ means (V) methods to account for additionality,
Cotton Marshall
Tillis the Greenhouse Gas Technical Assistance permanence, leakage, and, where appro-
Cramer McConnell
Crapo Menendez Toomey Provider and Third-Party Verifier Certifi- priate, avoidance of double counting; and
Cruz Moran Tuberville cation Program established under subsection (ii) descriptions of qualifications for cov-
Daines Murkowski Van Hollen (c). ered entities that—
Duckworth Murphy Warner (7) PROTOCOL.—The term ‘‘protocol’’ means (I) demonstrate that the covered entity
Durbin Murray Warnock can assist farmers, ranchers, and private for-
a systematic approach that follows a
Ernst Ossoff Whitehouse est landowners in accomplishing the pur-
Feinstein Padilla Wicker science-based methodology that is trans-
parent and thorough to establish require- poses described in paragraphs (1) and (2) of
Fischer Paul Wyden
Gillibrand Peters Young ments— subsection (a); and
(A) for the development of projects to pre- (II) demonstrate proficiency with the pro-
NAYS—8 vent, reduce, or mitigate greenhouse gas tocols described in clause (i).
Booker Lee Sanders emissions or sequester carbon that include 1 (B) REQUIREMENTS.—Covered entities cer-
Hawley Markey Warren or more baseline scenarios; and tified under the Program shall maintain ex-
Inhofe Merkley (B) to quantify, monitor, report, and verify pertise in the protocols described in subpara-
The bill (S. 1251) was passed, as fol- the prevention, reduction, or mitigation of graph (A)(i), adhere to the qualifications de-
greenhouse gas emissions or carbon seques- scribed in subparagraph (A)(ii), and adhere to
lows:
tration by projects described in subpara- any relevant conflict of interest require-
S. 1251 graph (A). ments, as determined appropriate by the
Be it enacted by the Senate and House of Rep- (8) SECRETARY.—The term ‘‘Secretary’’ Secretary, for—
resentatives of the United States of America in means the Secretary of Agriculture. (i) the provision of technical assistance to
Congress assembled, (9) SOCIALLY DISADVANTAGED FARMER OR farmers, ranchers, and private forest land-
SECTION 1. SHORT TITLE. RANCHER; SOCIALLY DISADVANTAGED GROUP.— owners for carrying out activities described
This Act may be cited as the ‘‘Growing Cli- The terms ‘‘socially disadvantaged farmer or in paragraph (2); or
mate Solutions Act of 2021’’. rancher’’ and ‘‘socially disadvantaged group’’ (ii) the verification of the processes de-
SEC. 2. GREENHOUSE GAS TECHNICAL ASSIST- have the meaning given those terms in sec- scribed in protocols for voluntary environ-
ANCE PROVIDER AND THIRD-PARTY tion 355(e) of the Consolidated Farm and mental credit markets that are used in car-
VERIFIER CERTIFICATION PRO- Rural Development Act (7 U.S.C. 2003(e)). rying out activities described in paragraph
GRAM. (10) TECHNICAL ASSISTANCE.—The term (2).
(a) PURPOSES.—The purposes of this section ‘‘technical assistance’’ means technical ex- (2) ACTIVITIES.—The activities for which
are— pertise, information, and tools necessary to covered entities may provide technical as-
(1) to facilitate the participation of farm- assist a farmer, rancher, or private forest sistance or conduct verification of processes
ers, ranchers, and private forest landowners landowner who is engaged in or wants to en- under the Program are current and future
in voluntary environmental credit markets, gage in a project to prevent, reduce, or miti- activities that prevent, reduce, or mitigate
including through the Program; gate greenhouse gas emissions or sequester greenhouse gas emissions or sequester car-
(2) to facilitate the provision of technical carbon to meet a protocol. bon, which may include—
assistance through covered entities to farm- (11) VOLUNTARY ENVIRONMENTAL CREDIT (A) land or soil carbon sequestration;
ers, ranchers, and private forest landowners MARKET.—The term ‘‘voluntary environ- (B) emissions reductions derived from fuel
in overcoming barriers to entry into vol- mental credit market’’ means a voluntary choice or reduced fuel use;
untary environmental credit markets; market through which agriculture or for- (C) livestock emissions reductions, includ-
(3) to assist covered entities in certifying estry credits may be bought or sold. ing emissions reductions achieved through—
under the Program; and (c) ESTABLISHMENT.— (i) feeds, feed additives, and the use of by-
(4) to establish the Advisory Council to ad- (1) IN GENERAL.—On the date that is 270 products as feed sources; or
vise the Secretary regarding the Program days after the date of enactment of this Act, (ii) manure management practices;
and other related matters. and after making a positive determination (D) on-farm energy generation;
dlhill on DSK120RN23PROD with SENATE
(b) DEFINITIONS.—In this section: under paragraph (2), the Secretary shall es- (E) energy feedstock production;
(1) ADVISORY COUNCIL.—The term ‘‘Advi- tablish a voluntary program, to be known as (F) fertilizer or nutrient use emissions re-
sory Council’’ means the Greenhouse Gas the ‘‘Greenhouse Gas Technical Assistance ductions;
Technical Assistance Provider and Third- Provider and Third-Party Verifier Certifi- (G) reforestation;
Party Verifier Certification Program Advi- cation Program’’, to certify covered entities (H) forest management, including improv-
sory Council established under subsection that the Secretary determines meet the re- ing harvesting practices and thinning dis-
(g)(1). quirements described in subsection (d). eased trees;
VerDate Sep 11 2014 08:07 Jun 25, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.007 S24JNPT1
June 24, 2021 CONGRESSIONAL RECORD — SENATE S4741
(I) prevention of the conversion of forests, (i) through working with covered entities (10) SAVINGS CLAUSE.—Nothing in this sec-
grasslands, and wetlands; certified under the Program; and tion authorizes the Secretary to compel a
(J) restoration of wetlands or grasslands; (ii) by providing information relating to farmer, rancher, or private forest landowner
(K) grassland management, including pre- programs, registries, and protocols of pro- to participate in a transaction or project fa-
scribed grazing; grams and registries that provide market- cilitated by a covered entity certified under
(L) current practices associated with pri- based participation opportunities for work- paragraph (1).
vate land conservation programs adminis- ing and conservation agricultural and for- (f) ENFORCEMENT.—
tered by the Secretary; and estry lands. (1) PROHIBITION ON CLAIMS.—
(M) such other activities, or combinations (3) PUBLICATION.—During the 1-year period (A) IN GENERAL.—A person that is not cer-
of activities, that the Secretary, in consulta- beginning on the date on which the Program tified under the Program in accordance with
tion with the Advisory Council, determines is established, the Secretary, in consultation this section shall not knowingly make a
to be appropriate. with the Advisory Council and following the claim that the person is a ‘‘USDA-certified
(3) REQUIREMENTS.—In publishing the list review by the Secretary for completeness technical assistance provider or third-party
of protocols and description of qualifications and accuracy of the certification notifica- verifier for voluntary environmental credit
under paragraph (1)(A), the Secretary, in tions and documentation submitted under markets’’ or any substantially similar claim.
consultation with the Advisory Council, paragraph (1), shall use an existing website (B) PENALTY.—Any person that violates
shall— maintained by the Secretary to publish— subparagraph (A) shall be—
(A) ensure that the requirements for cov- (A) a list of covered entities that are cer- (i) subject to a civil penalty equal to such
ered entities to certify under the Program tified under paragraph (1) as technical assist- amount as the Secretary determines to be
include maintaining expertise in all relevant ance providers; and appropriate, not to exceed $1,000 per viola-
information relating to market-based proto- (B) a list of covered entities that are cer- tion; and
cols, as appropriate, with regard to— tified under paragraph (1) as verifiers of the (ii) ineligible to certify under the Program
(i) quantification; processes described in protocols for vol- for the 5-year period beginning on the date of
(ii) verification; untary environmental credit markets. the violation.
(iii) additionality; (4) UPDATES.—Not less frequently than (2) SUBMISSION OF FRAUDULENT INFORMA-
(iv) permanence; quarterly, the Secretary, in consultation TION.—
(v) reporting; and with the Advisory Council, shall update the (A) IN GENERAL.—A person, regardless of
(vi) other expertise, as determined by the lists published under paragraph (3). whether the person is certified under the
Secretary; and (5) SUBMISSION.—The Secretary shall notify program, shall not submit fraudulent infor-
(B) ensure that a covered entity certified Congress of the publication of the initial list mation as part of a notification under sub-
under the Program is required to perform, under paragraph (3). section (e)(1).
and to demonstrate expertise, as determined (6) REQUIREMENT.—To remain certified (B) PENALTY.—Any person that violates
by the Secretary, in accordance with best under the Program, a covered entity shall subparagraph (A) shall be—
management practices for agricultural and continue— (i) subject to a civil penalty equal to such
forestry activities that prevent, reduce, or (A) to maintain expertise in the protocols amount as the Secretary determines to be
mitigate greenhouse gas emissions or seques- described in subparagraph (A)(i) of sub- appropriate, not to exceed $1,000 per viola-
ter carbon. section (d)(1); and tion; and
(4) PERIODIC REVIEW.—As appropriate, the (B) to adhere to the qualifications de- (ii) ineligible to certify under the Program
Secretary shall periodically review and re- scribed in subparagraph (A)(ii) of that sub- for the 5-year period beginning on the date of
vise the list of protocols and description of section. the violation.
certification qualifications published under (7) AUDITING.—Not less frequently than an-
paragraph (1)(A) to include any additional nually, the Secretary shall conduct audits of (g) GREENHOUSE GAS TECHNICAL ASSIST-
protocols or qualifications that meet the re- covered entities that are certified under the ANCE PROVIDER AND THIRD-PARTY VERIFIER
quirements described in subparagraphs (A) Program to ensure compliance with the re- CERTIFICATION PROGRAM ADVISORY COUN-
and (B) of paragraph (3). quirements under subsection (d)(1)(B) CIL.—
(e) CERTIFICATION, WEBSITE, AND PUBLICA- through an audit process that includes a rep- (1) IN GENERAL.—During the 90-day period
TION OF LISTS.— resentative sample of— beginning on the date on which the Program
(1) CERTIFICATION.—A covered entity may (A) technical assistance providers; and is established, the Secretary shall establish
self-certify under the Program by submitting (B) verifiers of the processes described in an advisory council, to be known as the
to the Secretary, through a website main- protocols for voluntary environmental credit ‘‘Greenhouse Gas Technical Assistance Pro-
tained by the Secretary— markets. vider and Third-Party Verifier Certification
(A) a notification that the covered entity (8) REVOCATION OF CERTIFICATION.— Program Advisory Council’’.
will— (A) IN GENERAL.—The Secretary may re- (2) MEMBERSHIP.—
(i) maintain expertise in the protocols de- voke the certification of a covered entity (A) IN GENERAL.—The Advisory Council
scribed in clause (i) of subsection (d)(1)(A); under the Program in the event of— shall be composed of members appointed by
and (i) noncompliance with the requirements the Secretary in accordance with this para-
(ii) adhere to the qualifications described under subsection (d)(1)(B); or graph.
in clause (ii) of that subsection; and (ii) a violation of subsection (f)(2)(A). (B) GENERAL REPRESENTATION.—The Advi-
(B) appropriate documentation dem- (B) NOTIFICATION.—If the Secretary re- sory Council shall—
onstrating the expertise described in sub- vokes a certification of a covered entity (i) be broadly representative of the agri-
paragraph (A)(i) and qualifications described under subparagraph (A), to the extent prac- culture and private forest sectors;
in subparagraph (A)(ii). ticable, the Secretary shall— (ii) include socially disadvantaged farmers
(2) WEBSITE AND SOLICITATION.—During the (i) request from that covered entity con- and ranchers and other historically under-
180-day period beginning on the date on tact information for all farmers, ranchers, served farmers, ranchers, or private forest
which the Program is established, the Sec- and private forest landowners to which the landowners; and
retary shall publish, through an existing covered entity provided technical assistance (iii) be composed of not less than 51 per-
website maintained by the Secretary— or the verification of the processes described cent farmers, ranchers, or private forest
(A) information describing how covered en- in protocols for voluntary environmental landowners.
tities may self-certify under the Program in credit markets; and (C) MEMBERS.—Members appointed under
accordance with paragraph (1); (ii) notify those farmers, ranchers, and pri- subparagraph (A) shall include—
(B) information describing how covered en- vate forest landowners of the revocation. (i) not more than 2 representatives of the
tities may obtain, through private training (9) FAIR TREATMENT OF FARMERS.—The Sec- Department of Agriculture, as determined by
programs or Department of Agriculture retary shall ensure, to the maximum extent the Secretary;
training programs, the requisite expertise— practicable, that covered entities certified (ii) not more than 1 representative of the
(i) in the protocols described in clause (i) under paragraph (1) act in good faith— Environmental Protection Agency, as deter-
of subsection (d)(1)(A); and (A) to provide realistic estimates of costs mined by the Administrator of the Environ-
(ii) to meet the qualifications described in and revenues relating to activities and mental Protection Agency;
clause (ii) of that subsection; verification of processes, as applicable to the (iii) not more than 1 representative of the
(C) the protocols and qualifications pub- covered entity, as described in subsection National Institute of Standards and Tech-
lished by the Secretary under subsection (d)(2); and nology;
dlhill on DSK120RN23PROD with SENATE
(d)(1)(A); and (B) in the case of technical assistance pro- (iv) not fewer than 12 representatives of
(D) instructions and suggestions to assist viders, to assist farmers, ranchers, and pri- the agriculture industry, appointed in a
farmers, ranchers, and private forest land- vate forest landowners in ensuring that the manner that is broadly representative of the
owners in facilitating the development of ag- farmers, ranchers, and private forest land- agriculture sector, including not fewer than
riculture or forestry credits and accessing owners receive fair distribution of revenues 6 active farmers and ranchers;
voluntary environmental credit markets, in- derived from the sale of an agriculture or (v) not fewer than 4 representatives of pri-
cluding— forestry credit. vate forest landowners or the forestry and
VerDate Sep 11 2014 08:07 Jun 25, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.003 S24JNPT1
S4742 CONGRESSIONAL RECORD — SENATE June 24, 2021
forest products industry appointed in a man- mental credit markets for covered entities, (vi) the state of monitoring and measure-
ner that is broadly representative of the pri- including by improving technical assistance ment technologies needed to quantify long-
vate forest sector; provided by the Secretary; term carbon sequestration in soils and from
(vi) not more than 4 representatives of the (iv) means to reduce compliance and other activities to prevent, reduce, or miti-
relevant scientific research community, in- verification costs for farmers, ranchers, and gate greenhouse gas emissions in the agri-
cluding not fewer than 2 representatives private forest landowners in entering vol- culture and forestry sectors;
from land-grant colleges and universities (as untary environmental credit markets, in- (vii) means to reduce barriers to entry into
defined in section 1404 of the National Agri- cluding through mechanisms and processes voluntary environmental credit markets for
cultural Research, Extension, and Teaching to aggregate the value of activities across small, beginning, and socially disadvantaged
Policy Act of 1977 (7 U.S.C. 3103)), of which 1 land ownership; farmers, ranchers, and private forest land-
shall be a representative of a college or uni- (v) issues relating to land and asset owner- owners and the extent to which existing pro-
versity eligible to receive funds under the ship in light of evolving voluntary environ- tocols in voluntary environmental credit
Act of August 30, 1890 (commonly known as mental credit markets; and markets allow for aggregation of projects
the ‘‘Second Morrill Act’’) (26 Stat. 417, chap- (vi) additional means to reduce barriers to among farmers, ranchers, and private forest
ter 841; 7 U.S.C. 321 et seq.), including entry in voluntary environmental credit landowners;
Tuskegee University; markets for farmers, ranchers, and private (viii) means to leverage existing Depart-
(vii) not more than 2 experts or profes- forest landowners, particularly for histori- ment of Agriculture programs and other Fed-
sionals familiar with voluntary environ- cally underserved, socially disadvantaged, or eral programs that could improve, lower the
mental credit markets and the verification limited resource farmers, ranchers, or pri- costs of, and enhance the deployment of
requirements in those markets; vate forest landowners. monitoring and measurement technologies
(viii) not more than 3 members of non- (5) COMPENSATION.—The members of the described in clause (vi);
governmental or civil society organizations Advisory Council shall serve without com- (ix) the potential impact of Department of
with relevant expertise, of which not fewer pensation. Agriculture activities on supply and demand
than 1 shall represent the interests of so- (6) CONFLICT OF INTEREST.—The Secretary of agriculture or forestry credits;
cially disadvantaged groups; shall prohibit any member of the Advisory (x) the potential role of the Department of
(ix) not more than 3 members of private Council from— Agriculture in encouraging innovation in
sector entities or organizations that partici- (A) engaging in any determinations or ac- voluntary environmental credit markets;
pate in voluntary environmental credit mar- tivities of the Advisory Council that may re- (xi) the extent to which the existing re-
kets through which agriculture or forestry sult in the favoring of, or a direct and pre- gimes for generating and selling agriculture
credits are bought and sold; and dictable effect on— or forestry credits, as the regimes exist at
(x) any other individual whom the Sec- (i) the member or a family member, as de- the end of the preceding 4-calendar year pe-
retary determines to be necessary to ensure termined by the Secretary; riod, and historically, and existing voluntary
that the Advisory Council is composed of a (ii) stock owned by the member or a family environmental credit markets, may be im-
diverse group of representatives of industry, member, as determined by the Secretary; or peded or constricted, or achieve greater scale
academia, independent researchers, and pub- (iii) the employer of, or a business owned and reach, if the Department of Agriculture
lic and private entities. in whole or in part by, the member or a fam- were involved, including by considering the
(D) CHAIR.—The Secretary shall designate ily member, as determined by the Secretary; role of the Department of Agriculture in re-
a member of the Advisory Council to serve as or ducing the barriers to entry identified under
the Chair. (B) providing advice or recommendations clause (v), including by educating stake-
(E) TERMS.— regarding, or otherwise participating in, holders about voluntary environmental cred-
(i) IN GENERAL.—The term of a member of matters of the Advisory Council that— it markets;
the Advisory Council shall be 2 years, except (i) constitute a conflict of interest under (xii) the extent to which existing protocols
that, of the members first appointed— section 208 of title 18, United States Code; or in voluntary environmental credit markets,
(I) not fewer than 8 members shall serve (ii) may call into question the integrity of including verification, additionality, perma-
for a term of 1 year; the Advisory Council, the Program, or the nence, and reporting, adequately take into
(II) not fewer than 12 members shall serve technical assistance or verification activi- consideration and account for factors en-
for a term of 2 years; and ties described under subsection (d)(2). countered by the agriculture and private for-
(III) not fewer than 12 members shall serve (7) FACA APPLICABILITY.—The Advisory est sectors in preventing, reducing, or miti-
for a term of 3 years. Council shall be subject to the Federal Advi- gating greenhouse gases or sequestering car-
(ii) ADDITIONAL TERMS.—After the initial sory Committee Act (5 U.S.C. App.), except bon through agriculture and forestry prac-
term of a member of the Advisory Council, that section 14(a)(2) of that Act shall not tices, considering variances across regions,
including the members first appointed, the apply. topography, soil types, crop or species vari-
member may serve not more than 4 addi- (h) ASSESSMENT.— eties, and business models;
tional 2-year terms. (1) IN GENERAL.—Not later than 240 days (xiii) the extent to which existing proto-
(3) MEETINGS.— after the date of enactment of this Act, the cols in voluntary environmental credit mar-
(A) FREQUENCY.—The Advisory Council Secretary, in consultation with the Adminis- kets consider options to ensure the contin-
shall meet not less frequently than annually, trator of the Environmental Protection ued valuation, through discounting or other
at the call of the Chair. Agency, shall— means, of agriculture and forestry credits in
(B) INITIAL MEETING.—During the 90-day pe- (A) conduct an assessment, including by the case of the practices underlying those
riod beginning on the date on which the incorporating information from existing credits being disrupted due to unavoidable
members are appointed under paragraph publications and reports of the Department events, including production challenges and
(2)(A), the Advisory Council shall hold an of Agriculture and other entities with rel- natural disasters; and
initial meeting. evant expertise, regarding— (xiv) opportunities for other voluntary
(4) DUTIES.—The Advisory Council shall— (i) the number and categories of non-Fed- markets outside of voluntary environmental
(A) periodically review and recommend eral actors in the nonprofit and for-profit credit markets to foster the trading, buying,
any appropriate changes to— sectors involved in buying, selling, and trad- or selling of credits that are derived from ac-
(i) the list of protocols and description of ing agriculture or forestry credits in vol- tivities that provide other ecosystem service
qualifications published by the Secretary untary environmental credit markets; benefits, including activities that improve
under subsection (d)(1)(A); and (ii) the estimated overall domestic market water quality, water quantity, wildlife habi-
(ii) the requirements described in sub- demand for agriculture or forestry credits at tat enhancement, and other ecosystem serv-
section (d)(1)(B); the end of the preceding 4-calendar year pe- ices, as the Secretary determines appro-
(B) make recommendations to the Sec- riod, and historically, in voluntary environ- priate;
retary regarding the best practices that mental credit markets; (B) publish the assessment; and
should be included in the protocols, descrip- (iii) the total number of agriculture or for- (C) submit the assessment to the Com-
tion of qualifications, and requirements de- estry credits (measured in metric tons of mittee on Agriculture, Nutrition, and For-
scribed in subparagraph (A); and carbon dioxide equivalent) that were esti- estry of the Senate and the Committee on
(C) advise the Secretary regarding— mated to be in development, generated, or Agriculture of the House of Representatives.
(i) the current methods used by voluntary sold in market transactions during the pre- (2) QUADRIENNIAL ASSESSMENT.—The Sec-
environmental credit markets to quantify ceding 4-calendar year period, and histori- retary, in consultation with the Adminis-
and verify the prevention, reduction, and cally, in voluntary environmental credit trator of the Environmental Protection
mitigation of greenhouse gas emissions or markets; Agency and the Advisory Council, shall con-
dlhill on DSK120RN23PROD with SENATE
sequestration of carbon; (iv) the estimated supply and demand of duct the assessment described in paragraph
(ii) additional considerations for certifying metric tons of carbon dioxide equivalent of (1)(A) and publish and submit the assessment
covered entities under the Program; offsets in the global marketplace for the in accordance with subparagraphs (B) and (C)
(iii) means to reduce barriers to entry in next 4 years; of paragraph (1) every 4 years after the publi-
the business of providing technical assist- (v) the barriers to entry due to compliance cation and submission of the first assess-
ance or the verification of the processes de- and verification costs described in sub- ment under subparagraphs (B) and (C) of
scribed in protocols for voluntary environ- section (g)(4)(C)(iv); paragraph (1).
VerDate Sep 11 2014 08:07 Jun 25, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.003 S24JNPT1
June 24, 2021 CONGRESSIONAL RECORD — SENATE S4743
(i) REPORT.—Not later than 2 years after (2) DIRECT FUNDING.— ize the program in advance of its expi-
the date on which the Program is estab- (A) RESCISSION.—There is rescinded ration on June 30. A narrow subset of
lished, and every 2 years thereafter, the Sec- $4,100,000 of the unobligated balance of big-moneyed and corrupt interests has
retary shall publish and submit to the Com- amounts made available by section 1003 of
mittee on Agriculture, Nutrition, and For- now shown that they would rather kill
the American Rescue Plan Act of 2021 (Pub-
estry of the Senate and the Committee on lic Law 117–2). the program altogether than have to
Agriculture of the House of Representatives (B) DIRECT FUNDING.—If sufficient unobli- accept integrity programs designed to
a report describing, for the period covered by gated amounts made available by section clamp down on their bad behavior.
the report— 1003 of the American Rescue Plan Act of 2021 I thank all those groups who have
(1) the number of covered entities that— (Public Law 117–2) are available on the date been working with us for 8 years to get
(A) were registered under the Program; of enactment of this Act to execute the en- this program reformed. A lot of those
(B) were new registrants under the Pro- tire rescission described in subparagraph (A),
gram, if applicable; and people use that program. They were
then on the day after the execution of the
(C) did not renew their registration under willing to make it an honest program.
entire rescission, there is appropriated to the
the Program, if applicable; Secretary, out of amounts in the Treasury
All of this action today of this objec-
(2) each covered entity the certification of not otherwise appropriated, $4,100,000 to tion is unfortunate but not surprising.
which was revoked by the Secretary under carry out this section. I yield the floor.
subsection (e)(8); The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen-
(3) a review of the outcomes of the Pro- ator from Texas.
gram, including—
SCHATZ). Under the previous order, the
motion to reconsider is considered Mr. CORNYN. Mr. President, EB–5 in-
(A) the ability of farmers, ranchers, and
made and laid upon the table. vestments are a major economic driver
private forest landowners, including small,
in Texas. EB–5 projects use merit-based
beginning, and socially disadvantaged farm- f
ers, ranchers, and private forest landowners, immigration to create thousands of
to develop agriculture or forestry credits EXECUTIVE SESSION American jobs and bring billions of dol-
through covered entities certified under the --- lars in investment to major urban
Program; areas, like Dallas and Houston, as well
(B) methods to improve the ability of farm- EXECUTIVE CALENDAR
as our rural communities across the
ers, ranchers, and private forest landowners The PRESIDING OFFICER. Under State. These projects include invest-
to overcome barriers to entry to voluntary the previous order, the Senate will pro-
environmental credit markets; and ments in infrastructure for a wide vari-
(C) methods to further facilitate participa- ceed to executive session to resume ety of sectors, including energy, hospi-
tion of farmers, ranchers, and private forest consideration of the following nomina- tality, residential, and commercial.
landowners in voluntary environmental cred- tion, which the clerk will report. I am a supporter of the EB–5 Pro-
it markets; and The bill clerk read the nomination of gram and its resources for the commu-
(4) any recommendations for improve- Candace Jackson-Akiwumi, of Illinois, nity, but there is no question, as Sen-
ments to the Program. to be United States Circuit Judge for ator GRASSLEY has said, that it could
(j) CONFIDENTIALITY.—
the Seventh Circuit. stand some reforms. As with any de-
(1) PROHIBITION.—
(A) IN GENERAL.—Except as provided in
The PRESIDING OFFICER. The sen- bate in Congress, there are a lot of dif-
paragraph (2), the Secretary, any other offi- ior Senator from Iowa. ferent opinions on what those reforms
cer or employee of the Department of Agri- UNANIMOUS CONSENT REQUEST—S. 831 should look like, but we can all agree
culture or any agency of the Department of Mr. GRASSLEY. Mr. President, I am that we need to strengthen this pro-
Agriculture, or any other person may not here with Senators Cornyn and Leahy gram and reauthorize it.
disclose to the public the information held to ask unanimous consent. I am glad to join Senator GRASSLEY
by the Secretary described in subparagraph
As if in legislative session, I ask today in offering this legislation to im-
(B).
(B) INFORMATION.— unanimous consent that the Com- prove the integrity and security of the
(i) IN GENERAL.—Except as provided in mittee on the Judiciary be discharged EB–5 Program, while ensuring law-
clause (ii), the information prohibited from from further consideration of S. 831 and abiding Texas job creators aren’t nega-
disclosure under subparagraph (A) is— the Senate proceed to its immediate tively impacted.
(I) information collected by the Secretary consideration; further, that the Grass- This bill would have reauthorized the
or published by the Secretary under sub- ley amendment at the desk be consid- EB–5 Program until 2023, with signifi-
section (h) or (i); ered and agreed to; and that the bill, as cant oversight and integrity measures.
(II) personally identifiable information, in- It will require regional centers to have
amended, be considered read a third
cluding in a contract or service agreement,
of a farmer, rancher, or private forest land- time and passed and the motion to re- policies and procedures in place to pro-
owner, obtained by the Secretary under consider be considered made and laid tect against fraud. It will give the De-
paragraph (7) or (8)(B)(i) of subsection (e); upon the table with no intervening ac- partment of Homeland Security great-
and tion or debate. er authority to terminate applications
(III) confidential business information in a The PRESIDING OFFICER. Is there based on fraud, criminal misuse, or
contract or service agreement of a farmer, objection? threats to public safety or national se-
rancher, or private forest landowner ob- The Senator from South Carolina. curity. It would subject EB–5 projects
tained by the Secretary under paragraph (7) Mr. GRAHAM. I object. to greater oversight. All of these
or (8)(B)(i) of subsection (e).
The PRESIDING OFFICER. The ob- changes come without skewing the
(ii) AGGREGATED RELEASE.—Information
described in clause (i) may be released to the jection is heard. framework of the program to benefit
public if the information has been trans- The Senator from Iowa. certain areas to the detriment of oth-
formed into a statistical or aggregate form Mr. GRASSLEY. Mr. President, I ers.
that does not allow the identification of the guess I am not surprised that we would This happens to be very similar to
person who supplied or is the subject of the have an objection like this because a legislation that I introduced in 2015
particular information. program that has been corrupt and with Senator SCHUMER and Senator
(2) EXCEPTION.—Paragraph (1) shall not that we have been trying to reform for Flake, which included recommenda-
prohibit the disclosure—
8 years—every time we reach an agree- tions from both the Department of
(A) of the name of any covered entity pub-
lished and submitted by the Secretary under ment, there is big-moneyed interests in Homeland Security and the Govern-
subsection (i)(2); or this town and around the country that ment Accountability Office.
(B) by an officer or employee of the Fed- keep it from happening. I appreciate Chairman GRASSLEY’s
eral Government of information described in So today’s objection, unfortunately, leadership on this legislation, and I
paragraph (1)(B) as otherwise directed by the represents another victory for those hope at some point we can reauthorize
Secretary or the Attorney General for en- same moneyed, powerful, corrupt inter- the EB–5 Program and safeguard crit-
dlhill on DSK120RN23PROD with SENATE
forcement purposes. ests that have so often worked to kill ical investments in communities
(k) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In
reforms to a program that they love to across the country.
addition to the amount made available under abuse for nothing more than their own The PRESIDING OFFICER. The Sen-
paragraph (2), there is authorized to be ap- financial benefit. ator from Vermont.
propriated to carry out this section $1,000,000 It also means that Congress will not Mr. LEAHY. Mr. President, I was
for each of fiscal years 2022 through 2026. be able to pass legislation to reauthor- happy to join with both Senators
VerDate Sep 11 2014 08:07 Jun 25, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.003 S24JNPT1
File and source
- File
- CREC_crec-2021-06-24_crec-2021-06-24-pt1-pgs4736-3.pdf
- Size
- 337,417 bytes
- SHA-256
- dd019a040b3da61dc059ed7a4187df44e611e32e341523025c392574b5bf981b
- Original
- www.govinfo.gov