[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1251 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
1st Session
S. 1251
_______________________________________________________________________
AN ACT
To authorize the Secretary of Agriculture to develop a program to
reduce barriers to entry for farmers, ranchers, and private forest
landowners in certain voluntary markets, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Growing Climate Solutions Act of
2021''.
SEC. 2. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND THIRD-PARTY
VERIFIER CERTIFICATION PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to facilitate the participation of farmers, ranchers,
and private forest landowners in voluntary environmental credit
markets, including through the Program;
(2) to facilitate the provision of technical assistance
through covered entities to farmers, ranchers, and private
forest landowners in overcoming barriers to entry into
voluntary environmental credit markets;
(3) to assist covered entities in certifying under the
Program; and
(4) to establish the Advisory Council to advise the
Secretary regarding the Program and other related matters.
(b) Definitions.--In this section:
(1) Advisory council.--The term ``Advisory Council'' means
the Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Certification Program Advisory Council
established under subsection (g)(1).
(2) Agriculture or forestry credit.--The term ``agriculture
or forestry credit'' means a credit derived from the
prevention, reduction, or mitigation of greenhouse gas
emissions or carbon sequestration on agricultural land or
private forest land that may be bought or sold on a voluntary
environmental credit market.
(3) Beginning farmer or rancher.--The term ``beginning
farmer or rancher'' has the meaning given the term in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).
(4) Covered entity.--The term ``covered entity'' means a
person or State that either--
(A) is a provider of technical assistance to
farmers, ranchers, or private forest landowners in
carrying out sustainable land use management practices
that--
(i) prevent, reduce, or mitigate greenhouse
gas emissions; or
(ii) sequester carbon; or
(B) is a third-party verifier entity that conducts
the verification of the processes described in
protocols for voluntary environmental credit markets.
(5) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide; and
(D) any other gas that the Secretary, in
consultation with the Advisory Council, determines has
been identified to have heat trapping qualities.
(6) Program.--The term ``Program'' means the Greenhouse Gas
Technical Assistance Provider and Third-Party Verifier
Certification Program established under subsection (c).
(7) Protocol.--The term ``protocol'' means a systematic
approach that follows a science-based methodology that is
transparent and thorough to establish requirements--
(A) for the development of projects to prevent,
reduce, or mitigate greenhouse gas emissions or
sequester carbon that include 1 or more baseline
scenarios; and
(B) to quantify, monitor, report, and verify the
prevention, reduction, or mitigation of greenhouse gas
emissions or carbon sequestration by projects described
in subparagraph (A).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(9) Socially disadvantaged farmer or rancher; socially
disadvantaged group.--The terms ``socially disadvantaged farmer
or rancher'' and ``socially disadvantaged group'' have the
meaning given those terms in section 355(e) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2003(e)).
(10) Technical assistance.--The term ``technical
assistance'' means technical expertise, information, and tools
necessary to assist a farmer, rancher, or private forest
landowner who is engaged in or wants to engage in a project to
prevent, reduce, or mitigate greenhouse gas emissions or
sequester carbon to meet a protocol.
(11) Voluntary environmental credit market.--The term
``voluntary environmental credit market'' means a voluntary
market through which agriculture or forestry credits may be
bought or sold.
(c) Establishment.--
(1) In general.--On the date that is 270 days after the
date of enactment of this Act, and after making a positive
determination under paragraph (2), the Secretary shall
establish a voluntary program, to be known as the ``Greenhouse
Gas Technical Assistance Provider and Third-Party Verifier
Certification Program'', to certify covered entities that the
Secretary determines meet the requirements described in
subsection (d).
(2) Determination.--The Secretary shall establish the
Program only if, after considering relevant information,
including the information collected or reviewed relating to the
assessment conducted under subsection (h)(1)(A), the Secretary
determines that the Program will further each of the purposes
described in paragraphs (1) and (2) of subsection (a).
(3) Report.--If the Secretary determines under paragraph
(2) that the Program would not further the purposes described
in paragraph (1) or (2) of subsection (a) and does not
establish the Program, the Secretary shall publish a report
describing the reasons the Program would not further those
purposes.
(d) Certification Qualifications.--
(1) In general.--
(A) Protocols and qualifications.--After providing
public notice and at least a 60-day period for public
comment, the Secretary shall, during the 90-day period
beginning on the date on which the Program is
established, publish--
(i) a list of, and documents relating to,
recognized protocols for voluntary
environmental credit markets that are designed
to ensure consistency, reliability,
effectiveness, efficiency, and transparency,
including protocol documents and details
relating to--
(I) calculations;
(II) sampling methodologies;
(III) accounting principles;
(IV) systems for verification,
monitoring, measurement, and reporting;
and
(V) methods to account for
additionality, permanence, leakage,
and, where appropriate, avoidance of
double counting; and
(ii) descriptions of qualifications for
covered entities that--
(I) demonstrate that the covered
entity can assist farmers, ranchers,
and private forest landowners in
accomplishing the purposes described in
paragraphs (1) and (2) of subsection
(a); and
(II) demonstrate proficiency with
the protocols described in clause (i).
(B) Requirements.--Covered entities certified under
the Program shall maintain expertise in the protocols
described in subparagraph (A)(i), adhere to the
qualifications described in subparagraph (A)(ii), and
adhere to any relevant conflict of interest
requirements, as determined appropriate by the
Secretary, for--
(i) the provision of technical assistance
to farmers, ranchers, and private forest
landowners for carrying out activities
described in paragraph (2); or
(ii) the verification of the processes
described in protocols for voluntary
environmental credit markets that are used in
carrying out activities described in paragraph
(2).
(2) Activities.--The activities for which covered entities
may provide technical assistance or conduct verification of
processes under the Program are current and future activities
that prevent, reduce, or mitigate greenhouse gas emissions or
sequester carbon, which may include--
(A) land or soil carbon sequestration;
(B) emissions reductions derived from fuel choice
or reduced fuel use;
(C) livestock emissions reductions, including
emissions reductions achieved through--
(i) feeds, feed additives, and the use of
byproducts as feed sources; or
(ii) manure management practices;
(D) on-farm energy generation;
(E) energy feedstock production;
(F) fertilizer or nutrient use emissions
reductions;
(G) reforestation;
(H) forest management, including improving
harvesting practices and thinning diseased trees;
(I) prevention of the conversion of forests,
grasslands, and wetlands;
(J) restoration of wetlands or grasslands;
(K) grassland management, including prescribed
grazing;
(L) current practices associated with private land
conservation programs administered by the Secretary;
and
(M) such other activities, or combinations of
activities, that the Secretary, in consultation with
the Advisory Council, determines to be appropriate.
(3) Requirements.--In publishing the list of protocols and
description of qualifications under paragraph (1)(A), the
Secretary, in consultation with the Advisory Council, shall--
(A) ensure that the requirements for covered
entities to certify under the Program include
maintaining expertise in all relevant information
relating to market-based protocols, as appropriate,
with regard to--
(i) quantification;
(ii) verification;
(iii) additionality;
(iv) permanence;
(v) reporting; and
(vi) other expertise, as determined by the
Secretary; and
(B) ensure that a covered entity certified under
the Program is required to perform, and to demonstrate
expertise, as determined by the Secretary, in
accordance with best management practices for
agricultural and forestry activities that prevent,
reduce, or mitigate greenhouse gas emissions or
sequester carbon.
(4) Periodic review.--As appropriate, the Secretary shall
periodically review and revise the list of protocols and
description of certification qualifications published under
paragraph (1)(A) to include any additional protocols or
qualifications that meet the requirements described in
subparagraphs (A) and (B) of paragraph (3).
(e) Certification, Website, and Publication of Lists.--
(1) Certification.--A covered entity may self-certify under
the Program by submitting to the Secretary, through a website
maintained by the Secretary--
(A) a notification that the covered entity will--
(i) maintain expertise in the protocols
described in clause (i) of subsection
(d)(1)(A); and
(ii) adhere to the qualifications described
in clause (ii) of that subsection; and
(B) appropriate documentation demonstrating the
expertise described in subparagraph (A)(i) and
qualifications described in subparagraph (A)(ii).
(2) Website and solicitation.--During the 180-day period
beginning on the date on which the Program is established, the
Secretary shall publish, through an existing website maintained
by the Secretary--
(A) information describing how covered entities may
self-certify under the Program in accordance with
paragraph (1);
(B) information describing how covered entities may
obtain, through private training programs or Department
of Agriculture training programs, the requisite
expertise--
(i) in the protocols described in clause
(i) of subsection (d)(1)(A); and
(ii) to meet the qualifications described
in clause (ii) of that subsection;
(C) the protocols and qualifications published by
the Secretary under subsection (d)(1)(A); and
(D) instructions and suggestions to assist farmers,
ranchers, and private forest landowners in facilitating
the development of agriculture or forestry credits and
accessing voluntary environmental credit markets,
including--
(i) through working with covered entities
certified under the Program; and
(ii) by providing information relating to
programs, registries, and protocols of programs
and registries that provide market-based
participation opportunities for working and
conservation agricultural and forestry lands.
(3) Publication.--During the 1-year period beginning on the
date on which the Program is established, the Secretary, in
consultation with the Advisory Council and following the review
by the Secretary for completeness and accuracy of the
certification notifications and documentation submitted under
paragraph (1), shall use an existing website maintained by the
Secretary to publish--
(A) a list of covered entities that are certified
under paragraph (1) as technical assistance providers;
and
(B) a list of covered entities that are certified
under paragraph (1) as verifiers of the processes
described in protocols for voluntary environmental
credit markets.
(4) Updates.--Not less frequently than quarterly, the
Secretary, in consultation with the Advisory Council, shall
update the lists published under paragraph (3).
(5) Submission.--The Secretary shall notify Congress of the
publication of the initial list under paragraph (3).
(6) Requirement.--To remain certified under the Program, a
covered entity shall continue--
(A) to maintain expertise in the protocols
described in subparagraph (A)(i) of subsection (d)(1);
and
(B) to adhere to the qualifications described in
subparagraph (A)(ii) of that subsection.
(7) Auditing.--Not less frequently than annually, the
Secretary shall conduct audits of covered entities that are
certified under the Program to ensure compliance with the
requirements under subsection (d)(1)(B) through an audit
process that includes a representative sample of--
(A) technical assistance providers; and
(B) verifiers of the processes described in
protocols for voluntary environmental credit markets.
(8) Revocation of certification.--
(A) In general.--The Secretary may revoke the
certification of a covered entity under the Program in
the event of--
(i) noncompliance with the requirements
under subsection (d)(1)(B); or
(ii) a violation of subsection (f)(2)(A).
(B) Notification.--If the Secretary revokes a
certification of a covered entity under subparagraph
(A), to the extent practicable, the Secretary shall--
(i) request from that covered entity
contact information for all farmers, ranchers,
and private forest landowners to which the
covered entity provided technical assistance or
the verification of the processes described in
protocols for voluntary environmental credit
markets; and
(ii) notify those farmers, ranchers, and
private forest landowners of the revocation.
(9) Fair treatment of farmers.--The Secretary shall ensure,
to the maximum extent practicable, that covered entities
certified under paragraph (1) act in good faith--
(A) to provide realistic estimates of costs and
revenues relating to activities and verification of
processes, as applicable to the covered entity, as
described in subsection (d)(2); and
(B) in the case of technical assistance providers,
to assist farmers, ranchers, and private forest
landowners in ensuring that the farmers, ranchers, and
private forest landowners receive fair distribution of
revenues derived from the sale of an agriculture or
forestry credit.
(10) Savings clause.--Nothing in this section authorizes
the Secretary to compel a farmer, rancher, or private forest
landowner to participate in a transaction or project
facilitated by a covered entity certified under paragraph (1).
(f) Enforcement.--
(1) Prohibition on claims.--
(A) In general.--A person that is not certified
under the Program in accordance with this section shall
not knowingly make a claim that the person is a ``USDA-
certified technical assistance provider or third-party
verifier for voluntary environmental credit markets''
or any substantially similar claim.
(B) Penalty.--Any person that violates subparagraph
(A) shall be--
(i) subject to a civil penalty equal to
such amount as the Secretary determines to be
appropriate, not to exceed $1,000 per
violation; and
(ii) ineligible to certify under the
Program for the 5-year period beginning on the
date of the violation.
(2) Submission of fraudulent information.--
(A) In general.--A person, regardless of whether
the person is certified under the program, shall not
submit fraudulent information as part of a notification
under subsection (e)(1).
(B) Penalty.--Any person that violates subparagraph
(A) shall be--
(i) subject to a civil penalty equal to
such amount as the Secretary determines to be
appropriate, not to exceed $1,000 per
violation; and
(ii) ineligible to certify under the
Program for the 5-year period beginning on the
date of the violation.
(g) Greenhouse Gas Technical Assistance Provider and Third-Party
Verifier Certification Program Advisory Council.--
(1) In general.--During the 90-day period beginning on the
date on which the Program is established, the Secretary shall
establish an advisory council, to be known as the ``Greenhouse
Gas Technical Assistance Provider and Third-Party Verifier
Certification Program Advisory Council''.
(2) Membership.--
(A) In general.--The Advisory Council shall be
composed of members appointed by the Secretary in
accordance with this paragraph.
(B) General representation.--The Advisory Council
shall--
(i) be broadly representative of the
agriculture and private forest sectors;
(ii) include socially disadvantaged farmers
and ranchers and other historically underserved
farmers, ranchers, or private forest
landowners; and
(iii) be composed of not less than 51
percent farmers, ranchers, or private forest
landowners.
(C) Members.--Members appointed under subparagraph
(A) shall include--
(i) not more than 2 representatives of the
Department of Agriculture, as determined by the
Secretary;
(ii) not more than 1 representative of the
Environmental Protection Agency, as determined
by the Administrator of the Environmental
Protection Agency;
(iii) not more than 1 representative of the
National Institute of Standards and Technology;
(iv) not fewer than 12 representatives of
the agriculture industry, appointed in a manner
that is broadly representative of the
agriculture sector, including not fewer than 6
active farmers and ranchers;
(v) not fewer than 4 representatives of
private forest landowners or the forestry and
forest products industry appointed in a manner
that is broadly representative of the private
forest sector;
(vi) not more than 4 representatives of the
relevant scientific research community,
including not fewer than 2 representatives from
land-grant colleges and universities (as
defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)), of which 1
shall be a representative of a college or
university eligible to receive funds under the
Act of August 30, 1890 (commonly known as the
``Second Morrill Act'') (26 Stat. 417, chapter
841; 7 U.S.C. 321 et seq.), including Tuskegee
University;
(vii) not more than 2 experts or
professionals familiar with voluntary
environmental credit markets and the
verification requirements in those markets;
(viii) not more than 3 members of
nongovernmental or civil society organizations
with relevant expertise, of which not fewer
than 1 shall represent the interests of
socially disadvantaged groups;
(ix) not more than 3 members of private
sector entities or organizations that
participate in voluntary environmental credit
markets through which agriculture or forestry
credits are bought and sold; and
(x) any other individual whom the Secretary
determines to be necessary to ensure that the
Advisory Council is composed of a diverse group
of representatives of industry, academia,
independent researchers, and public and private
entities.
(D) Chair.--The Secretary shall designate a member
of the Advisory Council to serve as the Chair.
(E) Terms.--
(i) In general.--The term of a member of
the Advisory Council shall be 2 years, except
that, of the members first appointed--
(I) not fewer than 8 members shall
serve for a term of 1 year;
(II) not fewer than 12 members
shall serve for a term of 2 years; and
(III) not fewer than 12 members
shall serve for a term of 3 years.
(ii) Additional terms.--After the initial
term of a member of the Advisory Council,
including the members first appointed, the
member may serve not more than 4 additional 2-
year terms.
(3) Meetings.--
(A) Frequency.--The Advisory Council shall meet not
less frequently than annually, at the call of the
Chair.
(B) Initial meeting.--During the 90-day period
beginning on the date on which the members are
appointed under paragraph (2)(A), the Advisory Council
shall hold an initial meeting.
(4) Duties.--The Advisory Council shall--
(A) periodically review and recommend any
appropriate changes to--
(i) the list of protocols and description
of qualifications published by the Secretary
under subsection (d)(1)(A); and
(ii) the requirements described in
subsection (d)(1)(B);
(B) make recommendations to the Secretary regarding
the best practices that should be included in the
protocols, description of qualifications, and
requirements described in subparagraph (A); and
(C) advise the Secretary regarding--
(i) the current methods used by voluntary
environmental credit markets to quantify and
verify the prevention, reduction, and
mitigation of greenhouse gas emissions or
sequestration of carbon;
(ii) additional considerations for
certifying covered entities under the Program;
(iii) means to reduce barriers to entry in
the business of providing technical assistance
or the verification of the processes described
in protocols for voluntary environmental credit
markets for covered entities, including by
improving technical assistance provided by the
Secretary;
(iv) means to reduce compliance and
verification costs for farmers, ranchers, and
private forest landowners in entering voluntary
environmental credit markets, including through
mechanisms and processes to aggregate the value
of activities across land ownership;
(v) issues relating to land and asset
ownership in light of evolving voluntary
environmental credit markets; and
(vi) additional means to reduce barriers to
entry in voluntary environmental credit markets
for farmers, ranchers, and private forest
landowners, particularly for historically
underserved, socially disadvantaged, or limited
resource farmers, ranchers, or private forest
landowners.
(5) Compensation.--The members of the Advisory Council
shall serve without compensation.
(6) Conflict of interest.--The Secretary shall prohibit any
member of the Advisory Council from--
(A) engaging in any determinations or activities of
the Advisory Council that may result in the favoring
of, or a direct and predictable effect on--
(i) the member or a family member, as
determined by the Secretary;
(ii) stock owned by the member or a family
member, as determined by the Secretary; or
(iii) the employer of, or a business owned
in whole or in part by, the member or a family
member, as determined by the Secretary; or
(B) providing advice or recommendations regarding,
or otherwise participating in, matters of the Advisory
Council that--
(i) constitute a conflict of interest under
section 208 of title 18, United States Code; or
(ii) may call into question the integrity
of the Advisory Council, the Program, or the
technical assistance or verification activities
described under subsection (d)(2).
(7) FACA applicability.--The Advisory Council shall be
subject to the Federal Advisory Committee Act (5 U.S.C. App.),
except that section 14(a)(2) of that Act shall not apply.
(h) Assessment.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall--
(A) conduct an assessment, including by
incorporating information from existing publications
and reports of the Department of Agriculture and other
entities with relevant expertise, regarding--
(i) the number and categories of non-
Federal actors in the nonprofit and for-profit
sectors involved in buying, selling, and
trading agriculture or forestry credits in
voluntary environmental credit markets;
(ii) the estimated overall domestic market
demand for agriculture or forestry credits at
the end of the preceding 4-calendar year
period, and historically, in voluntary
environmental credit markets;
(iii) the total number of agriculture or
forestry credits (measured in metric tons of
carbon dioxide equivalent) that were estimated
to be in development, generated, or sold in
market transactions during the preceding 4-
calendar year period, and historically, in
voluntary environmental credit markets;
(iv) the estimated supply and demand of
metric tons of carbon dioxide equivalent of
offsets in the global marketplace for the next
4 years;
(v) the barriers to entry due to compliance
and verification costs described in subsection
(g)(4)(C)(iv);
(vi) the state of monitoring and
measurement technologies needed to quantify
long-term carbon sequestration in soils and
from other activities to prevent, reduce, or
mitigate greenhouse gas emissions in the
agriculture and forestry sectors;
(vii) means to reduce barriers to entry
into voluntary environmental credit markets for
small, beginning, and socially disadvantaged
farmers, ranchers, and private forest
landowners and the extent to which existing
protocols in voluntary environmental credit
markets allow for aggregation of projects among
farmers, ranchers, and private forest
landowners;
(viii) means to leverage existing
Department of Agriculture programs and other
Federal programs that could improve, lower the
costs of, and enhance the deployment of
monitoring and measurement technologies
described in clause (vi);
(ix) the potential impact of Department of
Agriculture activities on supply and demand of
agriculture or forestry credits;
(x) the potential role of the Department of
Agriculture in encouraging innovation in
voluntary environmental credit markets;
(xi) the extent to which the existing
regimes for generating and selling agriculture
or forestry credits, as the regimes exist at
the end of the preceding 4-calendar year
period, and historically, and existing
voluntary environmental credit markets, may be
impeded or constricted, or achieve greater
scale and reach, if the Department of
Agriculture were involved, including by
considering the role of the Department of
Agriculture in reducing the barriers to entry
identified under clause (v), including by
educating stakeholders about voluntary
environmental credit markets;
(xii) the extent to which existing
protocols in voluntary environmental credit
markets, including verification, additionality,
permanence, and reporting, adequately take into
consideration and account for factors
encountered by the agriculture and private
forest sectors in preventing, reducing, or
mitigating greenhouse gases or sequestering
carbon through agriculture and forestry
practices, considering variances across
regions, topography, soil types, crop or
species varieties, and business models;
(xiii) the extent to which existing
protocols in voluntary environmental credit
markets consider options to ensure the
continued valuation, through discounting or
other means, of agriculture and forestry
credits in the case of the practices underlying
those credits being disrupted due to
unavoidable events, including production
challenges and natural disasters; and
(xiv) opportunities for other voluntary
markets outside of voluntary environmental
credit markets to foster the trading, buying,
or selling of credits that are derived from
activities that provide other ecosystem service
benefits, including activities that improve
water quality, water quantity, wildlife habitat
enhancement, and other ecosystem services, as
the Secretary determines appropriate;
(B) publish the assessment; and
(C) submit the assessment to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and
the Committee on Agriculture of the House of
Representatives.
(2) Quadriennial assessment.--The Secretary, in
consultation with the Administrator of the Environmental
Protection Agency and the Advisory Council, shall conduct the
assessment described in paragraph (1)(A) and publish and submit
the assessment in accordance with subparagraphs (B) and (C) of
paragraph (1) every 4 years after the publication and
submission of the first assessment under subparagraphs (B) and
(C) of paragraph (1).
(i) Report.--Not later than 2 years after the date on which the
Program is established, and every 2 years thereafter, the Secretary
shall publish and submit to the Committee on Agriculture, Nutrition,
and Forestry of the Senate and the Committee on Agriculture of the
House of Representatives a report describing, for the period covered by
the report--
(1) the number of covered entities that--
(A) were registered under the Program;
(B) were new registrants under the Program, if
applicable; and
(C) did not renew their registration under the
Program, if applicable;
(2) each covered entity the certification of which was
revoked by the Secretary under subsection (e)(8);
(3) a review of the outcomes of the Program, including--
(A) the ability of farmers, ranchers, and private
forest landowners, including small, beginning, and
socially disadvantaged farmers, ranchers, and private
forest landowners, to develop agriculture or forestry
credits through covered entities certified under the
Program;
(B) methods to improve the ability of farmers,
ranchers, and private forest landowners to overcome
barriers to entry to voluntary environmental credit
markets; and
(C) methods to further facilitate participation of
farmers, ranchers, and private forest landowners in
voluntary environmental credit markets; and
(4) any recommendations for improvements to the Program.
(j) Confidentiality.--
(1) Prohibition.--
(A) In general.--Except as provided in paragraph
(2), the Secretary, any other officer or employee of
the Department of Agriculture or any agency of the
Department of Agriculture, or any other person may not
disclose to the public the information held by the
Secretary described in subparagraph (B).
(B) Information.--
(i) In general.--Except as provided in
clause (ii), the information prohibited from
disclosure under subparagraph (A) is--
(I) information collected by the
Secretary or published by the Secretary
under subsection (h) or (i);
(II) personally identifiable
information, including in a contract or
service agreement, of a farmer,
rancher, or private forest landowner,
obtained by the Secretary under
paragraph (7) or (8)(B)(i) of
subsection (e); and
(III) confidential business
information in a contract or service
agreement of a farmer, rancher, or
private forest landowner obtained by
the Secretary under paragraph (7) or
(8)(B)(i) of subsection (e).
(ii) Aggregated release.--Information
described in clause (i) may be released to the
public if the information has been transformed
into a statistical or aggregate form that does
not allow the identification of the person who
supplied or is the subject of the particular
information.
(2) Exception.--Paragraph (1) shall not prohibit the
disclosure--
(A) of the name of any covered entity published and
submitted by the Secretary under subsection (i)(2); or
(B) by an officer or employee of the Federal
Government of information described in paragraph (1)(B)
as otherwise directed by the Secretary or the Attorney
General for enforcement purposes.
(k) Funding.--
(1) Authorization of appropriations.--In addition to the
amount made available under paragraph (2), there is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2022 through 2026.
(2) Direct funding.--
(A) Rescission.--There is rescinded $4,100,000 of
the unobligated balance of amounts made available by
section 1003 of the American Rescue Plan Act of 2021
(Public Law 117-2).
(B) Direct funding.--If sufficient unobligated
amounts made available by section 1003 of the American
Rescue Plan Act of 2021 (Public Law 117-2) are
available on the date of enactment of this Act to
execute the entire rescission described in subparagraph
(A), then on the day after the execution of the entire
rescission, there is appropriated to the Secretary, out
of amounts in the Treasury not otherwise appropriated,
$4,100,000 to carry out this section.
Passed the Senate June 24, 2021.
Attest:
Secretary.
117th CONGRESS
1st Session
S. 1251
_______________________________________________________________________
AN ACT
To authorize the Secretary of Agriculture to develop a program to
reduce barriers to entry for farmers, ranchers, and private forest
landowners in certain voluntary markets, and for other purposes.