Congressional Record, Senate, November 2, 2021, Page S7647
Summary
A page of the Congressional Record, Senate, dated November 2, 2021, at page S7647, carrying amendment SA 4184, submitted by Mr. Braun and Ms. Stabenow, intended to be proposed to amendment SA 3867 submitted by Mr. Reed to H.R. 4350, the fiscal year 2022 defense authorization bill. The amendment text adds a section on greenhouse gas technical assistance provider and third-party verifier certification, under which the Secretary of Agriculture would certify entities to help farmers, ranchers and private forest landowners prevent, reduce or mitigate greenhouse gas emissions or sequester carbon. It defines socially disadvantaged farmers and ranchers and requires certified entities to maintain expertise in the required protocols.
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7647
SA 4184. Mr. BRAUN (for himself and science-based methodology that is trans- poses described in paragraphs (1) and (2) of
Ms. STABENOW) submitted an amend- parent and thorough to establish require- subsection (a); and
ment intended to be proposed to ments— (II) demonstrate proficiency with the pro-
(A) for the development of projects to pre- tocols described in clause (i).
amendment SA 3867 submitted by Mr.
vent, reduce, or mitigate greenhouse gas (B) REQUIREMENTS.—Covered entities cer-
REED and intended to be proposed to emissions or sequester carbon that include 1 tified under the Program shall maintain ex-
the bill H.R. 4350, to authorize appro- or more baseline scenarios; and pertise in the protocols described in subpara-
priations for fiscal year 2022 for mili- (B) to quantify, monitor, report, and verify graph (A)(i), adhere to the qualifications de-
tary activities of the Department of the prevention, reduction, or mitigation of scribed in subparagraph (A)(ii), and adhere to
Defense, for military construction, and greenhouse gas emissions or carbon seques- any relevant conflict of interest require-
for defense activities of the Depart- tration by projects described in subpara- ments, as determined appropriate by the
ment of Energy, to prescribe military graph (A). Secretary, for—
(8) SECRETARY.—The term ‘‘Secretary’’
personnel strengths for such fiscal (i) the provision of technical assistance to
means the Secretary of Agriculture.
year, and for other purposes; which was farmers, ranchers, and private forest land-
(9) SOCIALLY DISADVANTAGED FARMER OR
ordered to lie on the table; as follows: owners for carrying out activities described
RANCHER; SOCIALLY DISADVANTAGED GROUP.—
At the end of subtitle G of title X of divi- The terms ‘‘socially disadvantaged farmer or in paragraph (2); or
sion A, add the following: rancher’’ and ‘‘socially disadvantaged group’’ (ii) the verification of the processes de-
SEC. 10ll. GREENHOUSE GAS TECHNICAL AS- have the meaning given those terms in sec- scribed in protocols for voluntary environ-
SISTANCE PROVIDER AND THIRD- tion 355(e) of the Consolidated Farm and mental credit markets that are used in car-
PARTY VERIFIER CERTIFICATION Rural Development Act (7 U.S.C. 2003(e)). rying out activities described in paragraph
PROGRAM. (2).
(10) TECHNICAL ASSISTANCE.—The term
(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;
(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;
(2) AGRICULTURE OR FORESTRY CREDIT.—The (2) DETERMINATION.—The Secretary shall (I) prevention of the conversion of forests,
term ‘‘agriculture or forestry credit’’ means establish the Program only if, after consid- grasslands, and wetlands;
a credit derived from the prevention, reduc- ering relevant information, including the in- (J) restoration of wetlands or grasslands;
tion, or mitigation of greenhouse gas emis- formation collected or reviewed relating to (K) grassland management, including pre-
sions or carbon sequestration on agricultural the assessment conducted under subsection scribed grazing;
land or private forest land that may be (h)(1)(A), the Secretary determines that the
(L) current practices associated with pri-
bought or sold on a voluntary environmental Program will further each of the purposes
vate land conservation programs adminis-
credit market. described in paragraphs (1) and (2) of sub-
(3) BEGINNING FARMER OR RANCHER.—The tered by the Secretary; and
section (a).
term ‘‘beginning farmer or rancher’’ has the (M) such other activities, or combinations
(3) REPORT.—If the Secretary determines
meaning given the term in section 2501(a) of of activities, that the Secretary, in consulta-
under paragraph (2) that the Program would
the Food, Agriculture, Conservation, and tion with the Advisory Council, determines
not further the purposes described in para-
Trade Act of 1990 (7 U.S.C. 2279(a)). to be appropriate.
graph (1) or (2) of subsection (a) and does not
(4) COVERED ENTITY.—The term ‘‘covered (3) REQUIREMENTS.—In publishing the list
establish the Program, the Secretary shall
entity’’ means a person or State that ei- of protocols and description of qualifications
publish a report describing the reasons the
ther— under paragraph (1)(A), the Secretary, in
Program would not further those purposes.
(A) is a provider of technical assistance to (d) CERTIFICATION QUALIFICATIONS.— consultation with the Advisory Council,
farmers, ranchers, or private forest land- (1) IN GENERAL.— shall—
owners in carrying out sustainable land use (A) PROTOCOLS AND QUALIFICATIONS.—After (A) ensure that the requirements for cov-
management practices that— providing public notice and at least a 60-day ered entities to certify under the Program
(i) prevent, reduce, or mitigate greenhouse period for public comment, the Secretary include maintaining expertise in all relevant
gas emissions; or shall, during the 90-day period beginning on information relating to market-based proto-
(ii) sequester carbon; or the date on which the Program is estab- cols, as appropriate, with regard to—
(B) is a third-party verifier entity that lished, publish— (i) quantification;
conducts the verification of the processes de- (i) a list of, and documents relating to, rec- (ii) verification;
scribed in protocols for voluntary environ- ognized protocols for voluntary environ- (iii) additionality;
mental credit markets. mental credit markets that are designed to (iv) permanence;
(5) GREENHOUSE GAS.—The term ‘‘green- ensure consistency, reliability, effectiveness, (v) reporting; and
house gas’’ means— efficiency, and transparency, including pro- (vi) other expertise, as determined by the
(A) carbon dioxide; tocol documents and details relating to— Secretary; and
(B) methane; (I) calculations; (B) ensure that a covered entity certified
(C) nitrous oxide; and (II) sampling methodologies; under the Program is required to perform,
(D) any other gas that the Secretary, in (III) accounting principles; and to demonstrate expertise, as determined
consultation with the Advisory Council, de- (IV) systems for verification, monitoring, by the Secretary, in accordance with best
termines has been identified to have heat measurement, and reporting; and management practices for agricultural and
trapping qualities. (V) methods to account for additionality, forestry activities that prevent, reduce, or
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(6) PROGRAM.—The term ‘‘Program’’ means permanence, leakage, and, where appro- mitigate greenhouse gas emissions or seques-
the Greenhouse Gas Technical Assistance priate, avoidance of double counting; and ter carbon.
Provider and Third-Party Verifier Certifi- (ii) descriptions of qualifications for cov- (4) PERIODIC REVIEW.—As appropriate, the
cation Program established under subsection ered entities that— Secretary shall periodically review and re-
(c). (I) demonstrate that the covered entity vise the list of protocols and description of
(7) PROTOCOL.—The term ‘‘protocol’’ means can assist farmers, ranchers, and private for- certification qualifications published under
a systematic approach that follows a est landowners in accomplishing the pur- paragraph (1)(A) to include any additional
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S7648 CONGRESSIONAL RECORD — SENATE November 2, 2021
protocols or qualifications that meet the re- Program to ensure compliance with the re- (1) IN GENERAL.—During the 90-day period
quirements described in subparagraphs (A) quirements under subsection (d)(1)(B) beginning on the date on which the Program
and (B) of paragraph (3). through an audit process that includes a rep- is established, the Secretary shall establish
(e) CERTIFICATION, WEBSITE, AND PUBLICA- resentative sample of— an advisory council, to be known as the
TION OF LISTS.— (A) technical assistance providers; and ‘‘Greenhouse Gas Technical Assistance Pro-
(1) CERTIFICATION.—A covered entity may (B) verifiers of the processes described in vider and Third-Party Verifier Certification
self-certify under the Program by submitting protocols for voluntary environmental credit Program Advisory Council’’.
to the Secretary, through a website main- markets. (2) MEMBERSHIP.—
tained by the Secretary— (8) REVOCATION OF CERTIFICATION.— (A) IN GENERAL.—The Advisory Council
(A) a notification that the covered entity (A) IN GENERAL.—The Secretary may re- shall be composed of members appointed by
will— voke the certification of a covered entity the Secretary in accordance with this para-
(i) maintain expertise in the protocols de- under the Program in the event of— graph.
scribed in clause (i) of subsection (d)(1)(A); (i) noncompliance with the requirements (B) GENERAL REPRESENTATION.—The Advi-
and under subsection (d)(1)(B); or sory Council shall—
(ii) adhere to the qualifications described (ii) a violation of subsection (f)(2)(A). (i) be broadly representative of the agri-
in clause (ii) of that subsection; and (B) NOTIFICATION.—If the Secretary re- culture and private forest sectors;
(B) appropriate documentation dem- vokes a certification of a covered entity (ii) include socially disadvantaged farmers
onstrating the expertise described in sub- under subparagraph (A), to the extent prac- and ranchers and other historically under-
paragraph (A)(i) and qualifications described ticable, the Secretary shall—
served farmers, ranchers, or private forest
in subparagraph (A)(ii). (i) request from that covered entity con-
(2) WEBSITE AND SOLICITATION.—During the landowners; and
tact information for all farmers, ranchers,
180-day period beginning on the date on (iii) be composed of not less than 51 per-
and private forest landowners to which the
which the Program is established, the Sec- cent farmers, ranchers, or private forest
covered entity provided technical assistance
retary shall publish, through an existing landowners.
or the verification of the processes described
website maintained by the Secretary— (C) MEMBERS.—Members appointed under
in protocols for voluntary environmental
(A) information describing how covered en- subparagraph (A) shall include—
credit markets; and
tities may self-certify under the Program in (ii) notify those farmers, ranchers, and pri- (i) not more than 2 representatives of the
accordance with paragraph (1); vate forest landowners of the revocation. Department of Agriculture, as determined by
(B) information describing how covered en- (9) FAIR TREATMENT OF FARMERS.—The Sec- the Secretary;
tities may obtain, through private training retary shall ensure, to the maximum extent (ii) not more than 1 representative of the
programs or Department of Agriculture practicable, that covered entities certified Environmental Protection Agency, as deter-
training programs, the requisite expertise— under paragraph (1) act in good faith— mined by the Administrator of the Environ-
(i) in the protocols described in clause (i) (A) to provide realistic estimates of costs mental Protection Agency;
of subsection (d)(1)(A); and and revenues relating to activities and (iii) not more than 1 representative of the
(ii) to meet the qualifications described in verification of processes, as applicable to the National Institute of Standards and Tech-
clause (ii) of that subsection; covered entity, as described in subsection nology;
(C) the protocols and qualifications pub- (d)(2); and (iv) not fewer than 12 representatives of
lished by the Secretary under subsection (B) in the case of technical assistance pro- the agriculture industry, appointed in a
(d)(1)(A); and viders, to assist farmers, ranchers, and pri- manner that is broadly representative of the
(D) instructions and suggestions to assist vate forest landowners in ensuring that the agriculture sector, including not fewer than
farmers, ranchers, and private forest land- farmers, ranchers, and private forest land- 6 active farmers and ranchers;
owners in facilitating the development of ag- owners receive fair distribution of revenues (v) not fewer than 4 representatives of pri-
riculture or forestry credits and accessing derived from the sale of an agriculture or vate forest landowners or the forestry and
voluntary environmental credit markets, in- forestry credit. forest products industry appointed in a man-
cluding— (10) SAVINGS CLAUSE.—Nothing in this sec- ner that is broadly representative of the pri-
(i) through working with covered entities tion authorizes the Secretary to compel a vate forest sector;
certified under the Program; and farmer, rancher, or private forest landowner (vi) not more than 4 representatives of the
(ii) by providing information relating to to participate in a transaction or project fa- relevant scientific research community, in-
programs, registries, and protocols of pro- cilitated by a covered entity certified under cluding not fewer than 2 representatives
grams and registries that provide market- paragraph (1). from land-grant colleges and universities (as
based participation opportunities for work- (f) ENFORCEMENT.— defined in section 1404 of the National Agri-
ing and conservation agricultural and for- (1) PROHIBITION ON CLAIMS.— cultural Research, Extension, and Teaching
estry lands. (A) IN GENERAL.—A person that is not cer- Policy Act of 1977 (7 U.S.C. 3103)), of which 1
(3) PUBLICATION.—During the 1-year period tified under the Program in accordance with shall be a representative of a college or uni-
beginning on the date on which the Program this section shall not knowingly make a versity eligible to receive funds under the
is established, the Secretary, in consultation claim that the person is a ‘‘USDA-certified Act of August 30, 1890 (commonly known as
with the Advisory Council and following the technical assistance provider or third-party the ‘‘Second Morrill Act’’) (26 Stat. 417, chap-
review by the Secretary for completeness verifier for voluntary environmental credit ter 841; 7 U.S.C. 321 et seq.), including
and accuracy of the certification notifica- markets’’ or any substantially similar claim. Tuskegee University;
tions and documentation submitted under (B) PENALTY.—Any person that violates (vii) not more than 2 experts or profes-
paragraph (1), shall use an existing website subparagraph (A) shall be— sionals familiar with voluntary environ-
maintained by the Secretary to publish— (i) subject to a civil penalty equal to such mental credit markets and the verification
(A) a list of covered entities that are cer- amount as the Secretary determines to be requirements in those markets;
tified under paragraph (1) as technical assist- appropriate, not to exceed $1,000 per viola- (viii) not more than 3 members of non-
ance providers; and tion; and governmental or civil society organizations
(B) a list of covered entities that are cer- (ii) ineligible to certify under the Program with relevant expertise, of which not fewer
tified under paragraph (1) as verifiers of the for the 5-year period beginning on the date of than 1 shall represent the interests of so-
processes described in protocols for vol- the violation. cially disadvantaged groups;
untary environmental credit markets. (2) SUBMISSION OF FRAUDULENT INFORMA- (ix) not more than 3 members of private
(4) UPDATES.—Not less frequently than TION.— sector entities or organizations that partici-
quarterly, the Secretary, in consultation (A) IN GENERAL.—A person, regardless of pate in voluntary environmental credit mar-
with the Advisory Council, shall update the whether the person is certified under the kets through which agriculture or forestry
lists published under paragraph (3). program, shall not submit fraudulent infor- credits are bought and sold; and
(5) SUBMISSION.—The Secretary shall notify mation as part of a notification under sub- (x) any other individual whom the Sec-
Congress of the publication of the initial list section (e)(1). retary determines to be necessary to ensure
under paragraph (3). (B) PENALTY.—Any person that violates that the Advisory Council is composed of a
(6) REQUIREMENT.—To remain certified subparagraph (A) shall be— diverse group of representatives of industry,
under the Program, a covered entity shall (i) subject to a civil penalty equal to such academia, independent researchers, and pub-
continue— amount as the Secretary determines to be lic and private entities.
(A) to maintain expertise in the protocols appropriate, not to exceed $1,000 per viola- (D) CHAIR.—The Secretary shall designate
described in subparagraph (A)(i) of sub- tion; and a member of the Advisory Council to serve as
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section (d)(1); and (ii) ineligible to certify under the Program the Chair.
(B) to adhere to the qualifications de- for the 5-year period beginning on the date of (E) TERMS.—
scribed in subparagraph (A)(ii) of that sub- the violation. (i) IN GENERAL.—The term of a member of
section. (g) GREENHOUSE GAS TECHNICAL ASSIST- the Advisory Council shall be 2 years, except
(7) AUDITING.—Not less frequently than an- ANCE PROVIDER AND THIRD-PARTY VERIFIER that, of the members first appointed—
nually, the Secretary shall conduct audits of CERTIFICATION PROGRAM ADVISORY COUN- (I) not fewer than 8 members shall serve
covered entities that are certified under the CIL.— for a term of 1 year;
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7649
(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-
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).
mental credit markets for covered entities, (vi) the state of monitoring and measure- (i) REPORT.—Not later than 2 years after
including by improving technical assistance ment technologies needed to quantify long- the date on which the Program is estab-
provided by the Secretary; term carbon sequestration in soils and from lished, and every 2 years thereafter, the Sec-
(iv) means to reduce compliance and other activities to prevent, reduce, or miti- retary shall publish and submit to the Com-
verification costs for farmers, ranchers, and gate greenhouse gas emissions in the agri- mittee on Agriculture, Nutrition, and For-
private forest landowners in entering vol- culture and forestry sectors; estry of the Senate and the Committee on
untary environmental credit markets, in- (vii) means to reduce barriers to entry into Agriculture of the House of Representatives
cluding through mechanisms and processes voluntary environmental credit markets for a report describing, for the period covered by
to aggregate the value of activities across small, beginning, and socially disadvantaged the report—
land ownership; farmers, ranchers, and private forest land- (1) the number of covered entities that—
(v) issues relating to land and asset owner- owners and the extent to which existing pro- (A) were registered under the Program;
ship in light of evolving voluntary environ- tocols in voluntary environmental credit (B) were new registrants under the Pro-
mental credit markets; and markets allow for aggregation of projects gram, if applicable; and
(vi) additional means to reduce barriers to among farmers, ranchers, and private forest (C) did not renew their registration under
entry in voluntary environmental credit landowners; the Program, if applicable;
markets for farmers, ranchers, and private (viii) means to leverage existing Depart- (2) each covered entity the certification of
forest landowners, particularly for histori- ment of Agriculture programs and other Fed- which was revoked by the Secretary under
cally underserved, socially disadvantaged, or eral programs that could improve, lower the subsection (e)(8);
limited resource farmers, ranchers, or pri- costs of, and enhance the deployment of (3) a review of the outcomes of the Pro-
vate forest landowners. monitoring and measurement technologies gram, including—
(5) COMPENSATION.—The members of the described in clause (vi); (A) the ability of farmers, ranchers, and
Advisory Council shall serve without com- (ix) the potential impact of Department of private forest landowners, including small,
pensation. Agriculture activities on supply and demand beginning, and socially disadvantaged farm-
(6) CONFLICT OF INTEREST.—The Secretary of agriculture or forestry credits; ers, ranchers, and private forest landowners,
shall prohibit any member of the Advisory (x) the potential role of the Department of to develop agriculture or forestry credits
Council from— Agriculture in encouraging innovation in through covered entities certified under the
(A) engaging in any determinations or ac- voluntary environmental credit markets; Program;
tivities of the Advisory Council that may re- (xi) the extent to which the existing re- (B) methods to improve the ability of farm-
sult in the favoring of, or a direct and pre- gimes for generating and selling agriculture ers, ranchers, and private forest landowners
dictable effect on— or forestry credits, as the regimes exist at to overcome barriers to entry to voluntary
(i) the member or a family member, as de- the end of the preceding 4-calendar year pe- environmental credit markets; and
termined by the Secretary; riod, and historically, and existing voluntary (C) methods to further facilitate participa-
(ii) stock owned by the member or a family environmental credit markets, may be im- tion of farmers, ranchers, and private forest
member, as determined by the Secretary; or peded or constricted, or achieve greater scale landowners in voluntary environmental cred-
(iii) the employer of, or a business owned and reach, if the Department of Agriculture it markets; and
in whole or in part by, the member or a fam- were involved, including by considering the (4) any recommendations for improve-
ily member, as determined by the Secretary; role of the Department of Agriculture in re- ments to the Program.
or ducing the barriers to entry identified under (j) CONFIDENTIALITY.—
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(B) providing advice or recommendations clause (v), including by educating stake- (1) PROHIBITION.—
regarding, or otherwise participating in, holders about voluntary environmental cred- (A) IN GENERAL.—Except as provided in
matters of the Advisory Council that— it markets; paragraph (2), the Secretary, any other offi-
(i) constitute a conflict of interest under (xii) the extent to which existing protocols cer or employee of the Department of Agri-
section 208 of title 18, United States Code; or in voluntary environmental credit markets, culture or any agency of the Department of
(ii) may call into question the integrity of including verification, additionality, perma- Agriculture, or any other person may not
the Advisory Council, the Program, or the nence, and reporting, adequately take into disclose to the public the information held
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S7650 CONGRESSIONAL RECORD — SENATE November 2, 2021
by the Secretary described in subparagraph ‘‘(11) $20,000,000 for fiscal year 2024. (C) for intelligence, electronic warfare, or
(B). ‘‘(12) $20,000,000 for fiscal year 2025. information warfare operations, testing,
(B) INFORMATION.— ‘‘(13) $20,000,000 for fiscal year 2026.’’. analysis, and or training.
(i) IN GENERAL.—Except as provided in (3) NOTICE.—The certification described in
clause (ii), the information prohibited from SA 4186. Mrs. BLACKBURN sub- paragraph (1) shall be submitted to the Com-
disclosure under subparagraph (A) is— mitted an amendment intended to be mittees specified in such paragraph by not
(I) information collected by the Secretary proposed to amendment SA 3867 sub- later than the date that is 14 days after the
or published by the Secretary under sub- mitted by Mr. REED and intended to be date on which a waiver is issued under such
section (h) or (i); paragraph.
proposed to the bill H.R. 4350, to au- (c) FEDERAL AVIATION ADMINISTRATION
(II) personally identifiable information, in-
thorize appropriations for fiscal year CENTER OF EXCELLENCE FOR UNMANNED AIR-
cluding in a contract or service agreement,
of a farmer, rancher, or private forest land- 2022 for military activities of the De- CRAFT SYSTEMS EXEMPTION.—The restriction
owner, obtained by the Secretary under partment of Defense, for military con- under subsection (a) shall not apply with re-
paragraph (7) or (8)(B)(i) of subsection (e); struction, and for defense activities of spect to the operation or procurement of a
and the Department of Energy, to prescribe UAS which the Secretary of Transportation,
(III) confidential business information in a in consultation with the Secretary of Home-
military personnel strengths for such
contract or service agreement of a farmer, land Security, determines is for the sole pur-
fiscal year, and for other purposes; poses of research, evaluation, training, test-
rancher, or private forest landowner ob- which was ordered to lie on the table;
tained by the Secretary under paragraph (7) ing, or analysis for the Federal Aviation Ad-
as follows: ministration’s Alliance for System Safety of
or (8)(B)(i) of subsection (e).
At the end of subtitle G of title X, add the UAS through Research Excellence (ASSURE)
(ii) AGGREGATED RELEASE.—Information
following: Center of Excellence (COE) for Unmanned
described in clause (i) may be released to the
SEC. ll. PROHIBITION ON OPERATION OR PRO- Aircraft Systems.
public if the information has been trans- (d) EFFECTIVE DATES.—
CUREMENT OF CERTAIN FOREIGN-
formed into a statistical or aggregate form MADE UNMANNED AIRCRAFT SYS- (1) IN GENERAL.—This Act shall take effect
that does not allow the identification of the TEMS. on the date that is 120 days after the date of
person who supplied or is the subject of the (a) PROHIBITION ON AGENCY OPERATION OR the enactment of this Act.
particular information. PROCUREMENT.—Except as provided in sub- (2) WAIVER PROCESS.—Not later than 60
(2) EXCEPTION.—Paragraph (1) shall not sections (b), (c), and (d)(3), the Secretary of days after the date of the enactment of this
prohibit the disclosure— Defense and the Secretary of Homeland Se- Act, the Secretary of Defense and the Sec-
(A) of the name of any covered entity pub- curity may not operate, provide financial as- retary of Homeland Security shall each es-
lished and submitted by the Secretary under sistance for, or enter into or renew a con- tablish a process by which the head of an of-
subsection (i)(2); or tract for the procurement of— fice or component of the Department of De-
(B) by an officer or employee of the Fed- (1) an unmanned aircraft system (referred fense or Department of Homeland Security,
eral Government of information described in to in this section as ‘‘UAS’’) that— respectively, may request a waiver under
paragraph (1)(B) as otherwise directed by the (A) is manufactured in a covered foreign subsection (b).
Secretary or the Attorney General for en- country or by a corporation domiciled in a (3) EXCEPTION.—Notwithstanding the prohi-
forcement purposes. covered foreign country; bition under subsection (a), the head of an
(k) FUNDING.—
(B) uses flight controllers, radios, data office or component of the Department of
(1) AUTHORIZATION OF APPROPRIATIONS.—In
transmission devices, cameras, or gimbals Defense or Department of Homeland Secu-
addition to the amount made available under
manufactured in a covered foreign country rity may continue to operate a UAS, a soft-
paragraph (2), there is authorized to be ap-
or by a corporation domiciled in a covered ware operating system associated with a
propriated to carry out this section $1,000,000
foreign country; UAS, or a system for the detection or identi-
for each of fiscal years 2022 through 2026.
(C) uses a ground control system or oper- fication of a UAS described in any of sub-
(2) DIRECT FUNDING.—
ating software developed in a covered foreign paragraphs (1) through (3) of subsection (a)
(A) RESCISSION.—There is rescinded
country or by a corporation domiciled in a that was in the inventory of such office or
$4,100,000 of the unobligated balance of
covered foreign country; or component on the day before the effective
amounts made available by section 1003 of
(D) uses network connectivity or data stor- date of this Act until, the later of—
the American Rescue Plan Act of 2021 (Pub-
age located in a covered foreign country or (A) the date on which the Secretary of De-
lic Law 117–2).
administered by a corporation domiciled in a fense or Secretary of Homeland Security, as
(B) DIRECT FUNDING.—If sufficient unobli-
covered foreign country; the case may be
gated amounts made available by section
(2) a software operating system associated (i) grants a waiver relating thereto under
1003 of the American Rescue Plan Act of 2021
with a UAS that uses network connectivity subsection (b); or
(Public Law 117–2) are available on the date
or data storage located in a covered foreign (ii) declines to grant such a waiver, or
of enactment of this Act to execute the en-
country or administered by a corporation (B) 1 year after the date of the enactment
tire rescission described in subparagraph (A),
domiciled in a covered foreign country; or of this Act.
then on the day after the execution of the (e) DRONE ORIGIN SECURITY REPORT TO CON-
(3) a system for the detection or identifica-
entire rescission, there is appropriated to the GRESS.—
tion of a UAS, which system is manufactured
Secretary, out of amounts in the Treasury (1) IN GENERAL.—Not later than 180 days
in a covered foreign country or by a corpora-
not otherwise appropriated, $4,100,000 to after the date of the enactment of this Act,
tion domiciled in a covered foreign country.
carry out this section. (b) WAIVER.— the Secretary of Defense and the Secretary
(1) IN GENERAL.—The Secretary of Defense of Homeland Security shall each submit to
SA 4185. Mr. PORTMAN (for himself,
or the Secretary of Homeland Security may the congressional committees described in
Mr. COONS, and Mr. BURR) submitted an waive the prohibition under subsection (a) if paragraph (2) a terrorism threat assessment
amendment intended to be proposed to the Secretary submits a written certification and report that contains information relat-
amendment SA 3867 submitted by Mr. described in paragraph (2) to— ing to the following:
REED and intended to be proposed to (A) in the case of the Secretary of Defense, (A) The extent to which the Department of
the bill H.R. 4350, to authorize appro- the Committee on Armed Services of the Defense or Department of Homeland Secu-
priations for fiscal year 2022 for mili- Senate and the Committee on Armed Serv- rity, as the case may be, has previously ana-
tary activities of the Department of ices of the House of Representatives; and lyzed the threat that a UAS, a software oper-
Defense, for military construction, and (B) in the case of the Secretary of Home- ating system associated with a UAS, or a
land Security, the Committee on Homeland system for the detection or identification of
for defense activities of the Depart- Security and Governmental Affairs of the a UAS from a covered foreign country oper-
ment of Energy, to prescribe military Senate and the Committee on Homeland Se- ating in the United States poses, and the re-
personnel strengths for such fiscal curity of the House of Representatives. sults of such analysis.
year, and for other purposes; which was (2) CONTENTS.—A certification described in (B) The number of UAS, software operating
ordered to lie on the table; as follows: this paragraph shall certify that a UAS, a systems associated with a UAS, or systems
At the end of subtitle G of title X, add the software operating system associated with a for the detection or identification of a UAS
following: UAS, or a system for the detection or identi- from a covered foreign country in operation
SEC. 1064. REAUTHORIZATION OF THE TROPICAL fication of a UAS described in any of sub- by the Department of Defense or Department
FOREST AND CORAL REEF CON- paragraphs (A) through (C) of subsection of Homeland Security, as the case may be,
ctelli on DSK11ZRN23PROD with SENATE
SERVATION ACT OF 1998. (a)(1) that is the subject of a waiver under including an identification of the component
Section 806(d) of the Tropical Forest and paragraph (1) is required— or office of the Department at issue, as of
Coral Reef Conservation Act of 1998 (22 (A) in the national interest of the United such date.
U.S.C. 2431d(d)) is amended by adding at the States; (C) The extent to which information gath-
end the following new paragraphs: (B) for counter-UAS surrogate research, ered by such a UAS, a software operating
‘‘(9) $20,000,000 for fiscal year 2022. testing, development, evaluation, or train- system associated with a UAS, or a system
‘‘(10) $20,000,000 for fiscal year 2023. ing; or for the detection or identification of a UAS
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