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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.

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“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-




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                                             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.



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                                             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-




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                                             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.



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                                             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




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                                             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




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                                             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.



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                                             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;




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                                             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;




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                                             (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




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                                             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).




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                                             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



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