[Congressional Record Volume 166, Number 140 (Thursday, August 6, 2020)]
[Senate]
[Pages S5274-S5285]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KAINE (for himself and Mr. Warner):
S. 4502. A bill to amend the Natural Gas Act to bolster fairness and
transparency in the consideration of interstate natural gas pipeline
permits, to provide for greater public input opportunities in the
natural gas pipeline permitting process, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
Mr. KAINE. Mr. President, today I am introducing a bipartisan bill to
[[Page S5275]]
make the process of siting natural gas pipelines fairer, more
transparent, and more responsive to landowner concerns.
For some time now, I have been listening to Virginians with
passionate views on the process involved in permitting the Atlantic
Coast and Mountain Valley Pipelines. For various reasons, many oppose
one or both of these projects while others support these projects. The
Federal Energy Regulatory Commission, FERC, is tasked with analyzing
all the issues--purpose and need for a project, impacts on people
1iving on the route, potential risks to the environment or property--
and deciding what course best serves the public interest.
From listening to all sides, I have concluded that while reasonable
people may reach different conclusions, FERC's public input process is
flawed and could be better. Accordingly, this legislation proposes
several steps to address several shortcomings, all of which were
originally brought to my attention by Virginia constituents. For
instance, this bill requires programmatic analysis of pipelines
proposed around the same time and in the same geographic vicinity so
that the full impacts of multiple projects can be analyzed. It requires
a greater number of public comment meetings so that citizens are not
required to commute long distances to meetings at which they must speed
through just a few minutes of remarks on these complex topics. It
ensures that affected landowners are given proper notice and
compensation. It guarantees that landowner complaints will be heard
before construction commences. And it clarifies the circumstances under
which eminent domain should and should not be used.
I am pleased to be joined by my colleague Senator Mark Warner on this
bill, which is an update to a version we introduced in the 115th
Congress. The public deserves reasonable opportunity to weigh in on
energy infrastructure projects, and we are heeding calls by our
constituents to make this process fairer and more transparent without
mandating a particular outcome.
I encourage the Senate to consider this legislation, not to pave the
way for pipelines nor to throw up insurmountable roadblocks to them,
but to give the public greater certainty that the federal government's
infrastructure decisions are fair and transparent.
______
By Ms. COLLINS (for herself and Mr. Peters):
S. 4504. A bill to amend title XVIII of the Social Security Act to
expand the availability of medical nutrition therapy services under the
Medicare program; to the Committee on Finance.
Ms. COLLINS. Mr. President, I rise today to join my colleague from
Michigan, Senator Peters, in introducing legislation to expand Medicare
beneficiaries' access to Medical Nutrition Therapy, or MNT, which is a
cost-effective component of treatment for obesity, diabetes,
hypertension, dyslipidemia, and other chronic conditions. At a time
when we are seeing many diet-related chronic conditions contribute to
poor COVID-19 outcomes, increasing access to MNT should be part of the
strategy to improve disease management and prevention for America's
seniors. Our legislation, the Medical Nutrition Therapy Act of 2020,
would make two important changes to support patients, improve health
outcomes, and reduce unnecessary healthcare costs.
First, it would expand Medicare Part B coverage of outpatient medical
nutrition therapy services to a number of currently uncovered diseases
or conditions--including prediabetes, obesity, high blood pressure,
high cholesterol, malnutrition, eating disorders, cancer, celiac
disease, and HIV/AIDS. Currently, Medicare Part B only covers
outpatient MNT for diabetes, renal disease, and post-kidney transplant.
Second, the bill would allow more types of providers--including nurse
practitioners, physician assistants, clinical nurse specialists, and
psychologists--to refer patients to MNT. This is especially critical
for a rural State like Maine, where a NP or PA may be one's trusted
primary care provider.
MNT counseling is provided by registered dietitian nutritionists,
RDNs, as part of a collaborative healthcare team. It is evidenced-based
and proven to positively impact weight, blood pressure, blood lipids,
and blood sugar control, and nutritional counseling by RDNs is even
recommended by the National Lipid Association to promote long-term
adherence to an individualized, heart-healthy diet. Through MNT,
individuals benefit from in-depth individualized nutrition assessments
and trusted followup visits for the repeated reinforcement necessary to
aid with behavior and lifestyle changes.
Seniors deserve improved access to this cost-effective medical
treatment, but many older adults are missing out under the current
Medicare policy. Marcy Kyle, a RDN from Rockport, ME, shared numerous
stories of patients being denied access to medically necessary MNT that
illustrate why this legislation is needed. In one story, a patient with
prediabetes was referred by his primary care physician for MNT at age
64. At that time, his private insurance covered the service and he
booked the first available appointment the following week. But this
patient turned 65 that week and transitioned onto Medicare. You can
imagine his surprise upon arriving for his appointment that MNT would
not be covered. While the outpatient facility changed its process after
this case in order to prevent similar situations, it demonstrates how
the current restrictions are detrimental for older adults at a critical
juncture in their health journey.
Another example from Maine was a patient with a new diagnosis of
celiac disease complicated by severe weight loss. His private insurance
covered MNT as celiac disease is a very controllable disease with
proper nutrition. But when transitioning from private insurance to
Medicare, this patient lost his opportunity for MNT. We know that early
treatment with MNT can prevent future and more serious health
complications and chronic conditions in older adults, and conditions
such as prediabetes and celiac disease should be covered.
The health and financial crisis brought on by the COVID-19 pandemic
makes access to MNT even more important. Seniors with diet-related
conditions are suffering more than any other population in terms of the
worst health outcomes, including death. Data from the Centers for
Medicare & Medicaid Services, CMS, in June confirmed elevated risk for
seniors with underlying health conditions. Among those hospitalized
with COVID-19, 79 percent of patients had hypertension, 60 percent had
hyperlipidemia, 50 percent of patients either presented with chronic
kidney disease or diabetes. Tragically, of those hospitalized, 28
percent were never able to leave the hospital because they passed away.
In addition to the significant health impacts, the economic impact of
chronic diseases is staggering. According to the U.S. Centers for
Disease Control and Prevention, 90 percent of the $3.5 trillion the
United States spends annually on health care goes to the treatment of
people with chronic diseases and mental health conditions. Preventing
chronic diseases, or managing symptoms when prevention is not possible,
is one way to reduce these costs. This is particularly important for
the Medicare Program as more than two-thirds of seniors on Medicare
live with multiple chronic conditions. As one registered dietition
nutritionist in Maine told me, ``We all know a dollar spent on
prevention saves many health care dollars in the long run and is the
right thing to do for our seniors at a time when they have limited
budgets.''
The Medical Nutrition Therapy Act of 2020 is supported by more than
30 national organizations, including the Academy of Nutrition and
Dietetics, the American Diabetes Association, the Endocrine Society,
the American Cancer Society Cancer Action Network, and the National
Kidney Foundation.
I urge my colleagues to support this important legislation to improve
access to cost-effective medical treatment for Medicare patients with
chronic diseases.
______
By Ms. SMITH:
S. 4466. A bill to authorize the Attorney General to make grants to
improve public safety, and for other purposes; to the Committee on the
Judiciary.
Ms. SMITH. Mr. President, I rise today to continue to lift up the
voices of millions of Americans who are demanding policing reform as a
necessary
[[Page S5276]]
step on the path towards racial justice in this country. The challenges
in defeating systemic racism can seem insurmountable, but there are
clear next steps.
We need to start by transforming our policing system to root out the
systemic racism and the culture of violence that is killing Black and
Brown and indigenous people and people of color.
I want to talk today about four areas of this work that need our
urgent attention.
First, we need to bring justice, accountability, and change to police
departments by passing the Justice in Policing Act.
Second, we need to invest in new models of public safety by
supporting community-led reform and innovation. I am asking the Senate
to take up and pass my new bill to do just that.
Third, we need to end the criminalization of poverty, which happens
when other social systems fail.
Finally, we need to root out racism in our systems of education,
healthcare, housing, and economic opportunity so that everyone in this
country can have the freedom and the opportunity to build the lives
they choose.
In order to bring justice, accountability, and change to policing
departments around the country, we need to start by passing the Justice
in Policing Act. Led by Senator Booker and Senator Harris, this bill is
a comprehensive set of needed Federal-level reforms to a system that is
designed to shield police officers from accountability and consequences
and denies justice to victims of police violence.
These reforms--like ending qualified immunity, establishing a
national use-of-force standard, creating a registry of police
misconduct, and banning dangerous practices like choke holds and no-
knock warrants--are long overdue.
Indeed, communities and activists have pushed for many of the reforms
in this bill for decades. A few weeks ago, I spoke on this floor about
the urgent need to pass this bill. Unfortunately, this critical
legislation is still sitting on Leader McConnell's desk. But I promise
that I will keep fighting until the Justice in Policing Act is signed
into law.
Policing needs other changes, too, like banning so-called warrior
training, which encourages law enforcement officials to see the public
as hostile enemies. We need to empower the Civil Rights Division of the
Department of Justice to independently investigate police departments
that systematically violate the constitutional rights of our
communities
We need to reform Federal sentencing to repeal 1994 crime bill
provisions, like mandatory minimums and draconian sentencing
enhancements, and we need to prohibit police union contracts that
create unfair barriers to effective investigations, civilian oversight,
and holding police departments accountable to the communities they are
sworn to serve.
In our work to transform policing, the second step we need to take at
the Federal level is to support local community-led innovation in
public safety.
Although Congress has the responsibility to establish national
standards for justice and accountability, Federal-level change can only
go so far. State, local, and Tribal governments are responsible for
overseeing policing in their communities. I believe that these
communities know best what will work in their own cities and towns. The
Federal Government, though, can play a catalytic role by supporting and
funding innovative, anti-racist policing reform.
With this in mind, today I am introducing a bill, the Supporting
Innovation and Public Safety Act, which would help State, local, and
Tribal governments reimagine policing in their communities by funding
innovative projects and best practices that will transform how we
deliver public safety and other social services.
My bill would empower local governments to develop and implement
projects to improve public safety through systemic change, not just by
growing police department budgets.
There are great examples of innovation already happening. Local
jurisdictions are experimenting with new ways to provide mental health
crisis response. They are addressing ways of dealing with gun violence
as a public health issue and even how to enforce low-level traffic
safety violations without involving an armed police officer.
I have long believed that those who are closest to the work know best
how to get the work done. Through these grants from the Federal level,
we will be able to help local communities adopt new approaches to
public safety, tailoring their needs and unique circumstances to what
they need to do. Then we can develop robust evaluation of these
community-led projects, which will generate new data and new models of
public safety in policing and also sow the seeds of progress and broad
transformation.
The third thing we need to do at all levels of government is to work
together to stop criminalizing poverty and using the criminal justice
system as the solution for every social ill.
For decades, we have dramatically underfunded efforts to support
housing, mental health, and substance abuse. And then we criminalize
the results of this lack of support. We ask police departments to
control behavior like loitering or trespassing, public intoxication,
and public nuisances--all offenses that largely don't threaten public
safety. Then we put people in jail because they have a mental illness
or lack a safe place to live. Poverty becomes the reason why people,
especially people of color, get caught up in the criminal justice
system.
It is time that we stop criminalizing poverty and start investing in
solutions to get to the root causes of social problems. We need to
refocus policing on violence prevention and crisis response, which
connects people to the services that they need.
A good place to start is by dramatically reforming cash bail so that
those who haven't been convicted of a crime don't remain in jail just
because they can't afford bail. Almost 60 percent of the nearly 750,000
people currently in jail have not been convicted of any crime. They are
in jail just because they cannot afford bail, and the data tells us
that this is yet another burden that falls disproportionately on
communities of color.
Indeed, when we criminalize poverty, we facilitate the systemic
racist harassment, surveillance, and control of Black and Brown, and
indigenous communities. That is why we need to ban the use of quotas
for law enforcement officers to enforce so-called broken windows
offenses. These offenses do not threaten public safety, and they are
disproportionately enforced on communities of color.
A recent New York Times investigation found that in many large police
departments, serious violent crimes make up only about 1 percent of all
calls for service--1 percent. Many of those same departments are
solving less than 30 percent of those serious crimes. We could actually
improve public safety by devoting resources to combating violent crime
rather than overenforcing low-level offenses in communities of color.
Let's think about what this means for marijuana offenses. The Federal
marijuana prohibition is a failed policy that contributes to mass
incarceration and overpolicing of communities of color. White and Black
people use marijuana at roughly the same rate, but a Black person is
almost four times as likely to be arrested for a marijuana offense.
The Federal Government is behind both State law and public opinion.
Forty-two States and the District of Columbia already allow some type
of marijuana use, despite the long-time Federal prohibition.
It is time to legalize marijuana, and we should do it in a practical
and commonsense way that protects the health and safety and the civil
rights of our communities.
We need to take up and pass Senator Harris's Marijuana Opportunity
Reinvestment and Expungement Act, the MORE Act, which I am proud to
cosponsor. The MORE Act would address the devastating impact on
communities of color on the War on Drugs by expunging marijuana-related
convictions and reinvesting in community.
Also, I recently introduced a bill, the Substance Resolution and
Safety Act, which would ensure that marijuana is regulated to protect
the health and the safety of youth, of consumers, and of drivers. We do
this without replicating the racist enforcement patterns of our current
drug policy.
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Finally, we need to recognize that racial justice is not only about
policing and criminal justice reform. We need to root out racist
policies that are built into our systems of housing, healthcare,
education, and economic opportunity.
The legacy of slavery, of oppression, and of discrimination is
pervasive in these areas and our communities bear the scars of these
past crimes even as new injuries accumulate. This is why a Black or a
Brown child living in the neighborhood where George Floyd was murdered
has fewer opportunities than a White child living just a few miles
away.
The impact of generations of stolen labor, of systemic violence, and
exclusion from opportunity is revealed today in legal disparities,
achievement gaps, housing instability, and the dramatic difference in
wealth and wages between White people and people of color.
Addressing these challenges are crucial to the unfinished work of
racial justice in our country. This means that we need to implement
anti-racist practices and policies, like ending the use of armed police
officers in schools, eliminating discipline disparities, and shutting
off the school-to-prison pipeline. It means addressing the systemic
exclusion of Black and Brown and indigenous people from the wealth-
building opportunities of homeownership. It means tackling the root
causes of racial health disparities, including environmental injustices
and discrimination in healthcare. It means supporting economic
opportunity for all by removing racist barriers to employment,
entrepreneurship, credit, and capital.
The scale of the injustice that we see in our country can sometimes
feel overwhelming, and the path can seem very long. These are some
concrete steps that we can take on that path, and they are necessary
steps, to fulfill our country's promise of freedom and equity for all
of us. Community leaders and activists are showing us the path forward,
and following this path requires us to be courageous, requires us to be
humble, and, at times, requires us to be uncomfortable. But it is a
path rooted in love and trust and hope.
______
By Mr. THUNE (for himself, Mr. Rounds, Mr. Grassley, and Ms.
Ernst):
S. 4481. A bill to require the Administrator of the Environmental
Protection Agency to update the modeling used for lifecycle greenhouse
gas assessments for corn-based ethanol and biodiesel, and for other
purposes; to the Committee on Environment and Public Works.
Mr. THUNE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 4481
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 ``Adopt the Greenhouse Gases,
Regulated Emissions, and Energy Use in Transportation Model
Act'' or the ``Adopt GREET Act''.
SEC. 2. DEFINITION OF ADMINISTRATOR.
In this Act, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
SEC. 3. LIFECYCLE GREENHOUSE GAS EMISSIONS FROM CORN-BASED
ETHANOL.
(a) In General.--Subject to subsection (b), not later than
90 days after the date of enactment of this Act, and every 5
years thereafter, the Administrator shall update the
methodology used by the Environmental Protection Agency in
lifecycle analyses with respect to greenhouse gas emissions
that result from corn-based ethanol.
(b) Requirements.--
(1) First update.--In carrying out the first update
required under subsection (a), the Administrator shall
adopt--
(A) the most recent Greenhouse gases, Regulated Emissions,
and Energy use in Transportation model (commonly referred to
as the ``GREET model'') developed by Argonne National
Laboratory; or
(B) the methodology described in the study by the Office of
the Chief Economist of the Department of Agriculture entitled
``The greenhouse gas benefits of corn ethanol-assessing
recent evidence'' and published on March 25, 2019.
(2) Subsequent updates.--In carrying out the second and
each subsequent update required under subsection (a), the
Administrator shall--
(A) as necessary, adopt, review, or update a methodology
determined to be appropriate by the Administrator; or
(B) adopt a methodology described in subparagraph (A) or
(B) of paragraph (1).
(c) Report.--If the Administrator fails to carry out
subsection (b)(2) before the applicable deadline described in
subsection (a), the Administrator shall submit to the
Committees on Agriculture, Nutrition, and Forestry, Energy
and Natural Resources, and Environment and Public Works of
the Senate and the Committees on Agriculture, Energy and
Commerce, and Science, Space, and Technology of the House of
Representatives a report describing the reasons for the
failure to carry out subsection (b)(2), which may include a
determination by the Administrator that the methodology
adopted or updated in a previous update under subsection (a)
remains the most current methodology based on available data,
research, and technology.
SEC. 4. LIFECYCLE GREENHOUSE GAS EMISSIONS FROM BIODIESEL.
(a) In General.--Subject to subsection (b), not later than
90 days after the date of enactment of this Act, and every 5
years thereafter, the Administrator shall update the
methodology used by the Environmental Protection Agency in
lifecycle analyses with respect to greenhouse gas emissions
that result from biodiesel.
(b) Requirements.--
(1) First update.--In carrying out the first update
required under subsection (a), the Administrator shall adopt
the most recent Greenhouse gases, Regulated Emissions, and
Energy use in Transportation model (commonly referred to as
the ``GREET model'') developed by Argonne National
Laboratory.
(2) Subsequent updates.--In carrying out the second and
each subsequent update required under subsection (a), the
Administrator shall--
(A) as necessary, adopt, review, or update a methodology
determined to be appropriate by the Administrator; or
(B) adopt the methodology described in paragraph (1).
(c) Report.--If the Administrator fails to carry out
subsection (b)(2) before the applicable deadline described in
subsection (a), the Administrator shall submit to the
Committees on Agriculture, Nutrition, and Forestry, Energy
and Natural Resources, and Environment and Public Works of
the Senate and the Committees on Agriculture, Energy and
Commerce, and Science, Space, and Technology of the House of
Representatives a report describing the reasons for the
failure to carry out subsection (b)(2), which may include a
determination by the Administrator that the methodology
adopted or updated in a previous update under subsection (a)
remains the most current methodology based on available data,
research, and technology.
______
By Mr. DURBIN:
S. 4484. A bill to amend the Internal Revenue Code of 1986 to
establish a carbon fee to reduce greenhouse gas emissions, and for
other purposes; to the Committee on Finance.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S, 4484
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 ``America's Clean Future Fund
Act''.
SEC. 2. CLIMATE CHANGE FINANCE CORPORATION.
(a) Establishment.--
(1) In general.--There is established in the executive
branch an independent agency, to be known as the ``Climate
Change Finance Corporation'' (referred to in this section as
the ``C2FC''), which shall finance clean energy and climate
change resiliency activities in accordance with subsection
(c).
(2) Mission.--
(A) In general.--The mission of the C2FC is to combat and
reduce the effects of climate change by building resilience
among communities facing harmful impacts of climate change
and supporting a dramatic reduction in greenhouse gas
emissions--
(i) through the deployment of clean and renewable
technology, resilient infrastructure, research and
development, the commercialization of new technology, clean
energy manufacturing, and industrial decarbonization; and
(ii) to meet the goals of--
(I) by 2030, a net reduction of greenhouse gas emissions by
45 percent, based on 2018 levels; and
(II) by 2050, a net reduction of greenhouse gas emissions
by 100 percent, based on 2018 levels.
(B) Activities.--The C2FC shall carry out the mission
described in subparagraph (A) by--
(i) financing investments in clean energy and
transportation, resiliency, and infrastructure;
(ii) using Federal investment to encourage the infusion of
private capital and investment into the clean energy and
resilient infrastructure sectors, while creating new
workforce opportunities; and
(iii) providing financing in cases where private capital
cannot be leveraged, while minimizing competition with
private investment.
(3) Exercise of powers.--Except as otherwise provided
expressly by law, all Federal laws dealing with public or
Federal contracts, property, works, officers, employees,
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budgets, or funds, including the provisions of chapters 5 and
7 of title 5, United States Code, shall apply to the exercise
of the powers of the C2FC.
(b) Board of Directors.--
(1) In general.--The management of the C2FC shall be vested
in a Board of Directors (referred to in this section as the
``Board'') consisting of 7 members, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(2) Chairperson and vice chairperson.--
(A) In general.--A Chairperson and Vice Chairperson of the
Board shall be appointed by the President, by and with the
advice and consent of the Senate, from among the individuals
appointed to the Board under paragraph (1).
(B) Term.--An individual--
(i) shall serve as Chairperson or Vice Chairperson of the
Board for a 3-year term; and
(ii) may be renominated for the position until the term of
that individual on the Board under paragraph (3)(C) expires.
(3) Board members.--
(A) Citizenship required.--Each member of the Board shall
be an individual who is a citizen of the United States.
(B) Representation.--The members of the Board shall fairly
represent agricultural, educational, research, industrial,
nongovernmental, labor, and commercial interests throughout
the United States.
(C) Term.--
(i) In general.--Except as otherwise provided in this
section, each member of the Board--
(I) shall be appointed for a term of 6 years; and
(II) may be reappointed for 1 additional term.
(ii) Initial staggered terms.--Of the members first
appointed to the Board--
(I) 2 shall each be appointed for a term of 2 years;
(II) 3 shall each be appointed for a term of 4 years; and
(III) 2 shall each be appointed for a term of 6 years.
(4) Initial meeting.--Not later than 30 days after the date
on which all members of the Board are appointed under
paragraph (1), the Board shall hold an initial meeting.
(c) Investment Tools.--
(1) Definitions.--In this subsection:
(A) Eligible borrower.--The term ``eligible borrower''
means any person, including a business owner or project
developer, that seeks a loan to carry out approved practices
or projects described in subparagraph (A)(i) of paragraph (2)
from an eligible lender that may receive a loan guarantee
under that paragraph for that loan, according to criteria
determined by the C2FC.
(B) Eligible entity.--The term ``eligible entity'' means--
(i) a State;
(ii) a unit of local government; and
(iii) a research and development institution (including a
National Laboratory).
(C) Eligible lender.--The term ``eligible lender'' means--
(i) a Federal- or State-chartered bank;
(ii) a Federal- or State-chartered credit union;
(iii) an agricultural credit corporation;
(iv) a United States Green Bank Institution; and
(v) any other lender that the Board determines has a
demonstrated ability to underwrite and service loans for the
intended approved practice for which the loan will be used.
(2) Grants, loan guarantees, and other investment tools.--
(A) In general.--The C2FC--
(i) shall provide grants to eligible entities and loan
guarantees to eligible lenders issuing loans to eligible
borrowers for approved practices and projects relating to
climate change mitigation and resilience measures,
including--
(I) energy efficiency upgrades to infrastructure;
(II) electric, hydrogen, and clean transportation programs
and deployment, including programs--
(aa) to purchase personal vehicles, commercial vehicles,
and public transportation fleets and school bus fleets;
(bb) to deploy electric vehicle charging and hydrogen
infrastructure; and
(cc) to develop and deploy low carbon sustainable aviation
fuels;
(III) clean energy and vehicle manufacturing research,
demonstrations, and deployment;
(IV) battery storage research, demonstrations, and
deployment;
(V) development or purchase of equipment for practices
described in section 6;
(VI) development and deployment of clean energy and clean
technologies, with a focus on--
(aa) carbon capture, utilization, and sequestration,
bioenergy with carbon capture and sequestration, direct air
capture, and infrastructure associated with those processes,
including construction of carrier pipelines for the
transportation of anthropogenic carbon dioxide;
(bb) energy storage and grid modernization;
(cc) geothermal energy;
(dd) commercial and residential solar;
(ee) wind energy; and
(ff) any other clean technology use or development, as
determined by the Board;
(VII) measures that anticipate and prepare for climate
change impacts, and reduce risks and enhance resilience to
sea level rise, extreme weather events, and other climate
change impacts, including by--
(aa) building resilient energy, water, and transportation
infrastructure;
(bb) providing weatherization assistance for low-income
households; and
(cc) increasing the resilience of the agriculture sector;
and
(VIII) natural infrastructure research, demonstrations, and
deployment; and
(ii) may implement other investment tools and products
approved by the Board, pursuant to subparagraph (D), to
achieve the mission of the C2FC described in subsection
(a)(2).
(B) Project prioritization.--
(i) Definition of environmental justice community.--The
term ``environmental justice community'' means a community
with significant representation of communities of color, low-
income communities, or Tribal and indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(ii) Prioritization.--In providing financial and other
assistance under subparagraph (A), the C2FC shall give
priority to, as determined by the C2FC--
(I) deindustrialized communities or communities with
significant local economic reliance on carbon-intensive
industries;
(II) environmental justice communities, communities with
populations of color, communities of color, indigenous
communities, and low-income communities that--
(aa) experience a disproportionate burden of the negative
human health and environmental impacts of pollution or other
environmental hazards; or
(bb) may not have access to public information and
opportunities for meaningful public participation relating to
human health and environmental planning, regulations, and
enforcement;
(III) communities at risk of impacts of natural disasters
or sea level rise exacerbated by climate change;
(IV) public or nonprofit entities that serve dislocated
workers, veterans, or individuals with a barrier to
employment; and
(V) communities that have minimal or no investment in the
approved practices and projects described in subparagraph
(A)(i).
(C) Loan guarantees.--
(i) In general.--In providing loan guarantees under
subparagraph (A), the C2FC shall cooperate with eligible
lenders through agreements to participate on a deferred
(guaranteed) basis.
(ii) Level of participation in guaranteed loans.--In
providing a loan guarantee under subparagraph (A), the C2FC
shall guarantee 75 percent of the balance of the financing
outstanding at the time of disbursement of the loan.
(iii) Interest rates.--Notwithstanding the provisions of
the constitution of any State or the laws of any State
limiting the rate or amount of interest that may be charged,
taken, received, or reserved, the maximum legal rate of
interest on any financing made on a deferred basis under this
subsection shall not exceed a rate prescribed by the C2FC.
(iv) Guarantee fees.--
(I) In general.--With respect to each loan guaranteed under
this subsection (other than a loan that is repayable in 1
year or less), the C2FC shall collect a guarantee fee, which
shall be payable by the eligible lender, and may be charged
to the eligible borrower in accordance with subclause (II).
(II) Borrower charges.--A guarantee fee described in
subclause (I) charged to an eligible borrower shall not--
(aa) exceed 2 percent of the deferred participation share
of a total loan amount that is equal to or less than
$150,000;
(bb) exceed 3 percent of the deferred participation share
of a total loan amount that is greater than $150,000 but less
than $700,000; or
(cc) exceed 3.5 percent of the deferred participation share
of a total loan amount that is equal to or greater than
$700,000.
(D) Other investment tools and products.--
(i) In general.--The Board may, based on market needs,
develop and implement any other investment tool or product
necessary to achieve the mission of the C2FC described in
subsection (a)(2) and the deployment of projects described in
subparagraph (A)(i), including offering--
(I) warehousing and aggregation credit facilities;
(II) zero interest loans;
(III) credit enhancements; and
(IV) construction finance.
(ii) State and local green banks.--The Board shall provide
funds to United States Green Bank Institutions as necessary
to finance projects that are best served by those entities.
(3) Wage rate requirements.--All laborers and mechanics
employed by eligible entities and eligible borrowers on
projects funded directly by or assisted in whole or in part
by the activities of the C2FC under this section shall be
paid at wages at rates not less than those prevailing on
projects of a similar character in the locality as determined
by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code (commonly known as
the ``Davis-Bacon Act'').
(4) Buy america requirements.--
(A) In general.--All iron, steel, and manufactured goods
used for projects under this
[[Page S5279]]
section shall be produced in the United States.
(B) Waiver.--The Board may waive the requirement in
subparagraph (A) if the Board finds that--
(i) enforcing the requirement would be inconsistent with
the public interest;
(ii) the iron, steel, and manufactured goods produced in
the United States are not produced in a sufficient and
reasonably available amount or are not of a satisfactory
quality; or
(iii) enforcing the requirement will increase the overall
cost of the project by more than 25 percent.
(d) Program Review and Report.--Not later than 2 years
after the date of enactment of this Act, and every 2 years
thereafter, the Board shall--
(1) conduct a review of the activities of the C2FC; and
(2) submit to Congress a report that--
(A) describes the projects and funding opportunities that
have been most successful in progressing towards the mission
described in subsection (a)(2) during the time period covered
by the report; and
(B) includes recommendations on the clean energy and
resiliency projects that should be prioritized in forthcoming
years to achieve that mission.
(e) Initial Capitalization.--
(1) In general.--There is appropriated to carry out this
section, out of any funds in the Treasury not otherwise
appropriated, $7,500,000,000 for each of fiscal years 2021
and 2022, to remain available until expended.
(2) Additional capitalization.--If, pursuant to section
4692(g) of the Internal Revenue Code of 1986 (as added by
section 3), the carbon fee has been reduced to zero for
calendar year 2022, there is appropriated to carry out this
section, out of any funds in the Treasury not otherwise
appropriated, $7,500,000,000 for fiscal year 2023, to remain
available until expended.
SEC. 3. CARBON FEE.
Chapter 38 of subtitle D of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subchapter:
``Subchapter E--Carbon Fee
``Sec. 4691. Definitions.
``Sec. 4692. Carbon fee.
``Sec. 4693. Fee on noncovered fuel emissions.
``Sec. 4694. Refunds for carbon capture, sequestration, and
utilization.
``Sec. 4695. Border adjustments.
``SEC. 4691. DEFINITIONS.
``For purposes of this subchapter--
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Carbon dioxide equivalent or co2-e.--The
term `carbon dioxide equivalent' or `CO2-e' means
the number of metric tons of carbon dioxide emissions with
the same global warming potential over a 100-year period as
one metric ton of another greenhouse gas.
``(3) Carbon-intensive product.--The term `carbon-intensive
product' means--
``(A) iron, steel, steel mill products (including pipe and
tube), aluminum, cement, glass (including flat, container,
and specialty glass and fiberglass), pulp, paper, chemicals,
or industrial ceramics, and
``(B) any manufactured product which the Secretary, in
consultation with the Administrator, the Secretary of
Commerce, and the Secretary of Energy, determines is energy-
intensive and trade-exposed (with the exception of any
covered fuel).
``(4) Covered entity.--The term `covered entity' means--
``(A) in the case of crude oil--
``(i) any operator of a United States refinery (as
described in subsection (d)(1) of section 4611), and
``(ii) any person entering such product into the United
States for consumption, use, or warehousing (as described in
subsection (d)(2) of such section),
``(B) in the case of coal--
``(i) any producer subject to the tax under section 4121,
and
``(ii) any importer of coal into the United States,
``(C) in the case of natural gas--
``(i) any entity which produces natural gas (as defined in
section 613A(e)(2)) from a well located in the United States,
and
``(ii) any importer of natural gas into the United States,
``(D) in the case of any noncovered fuel emissions, the
entity which is the source of such emissions, provided that
the total amount of carbon dioxide or methane emitted by such
entity for the preceding year (as determined using the
methodology required under section 4692(e)(4)) was not less
than 25,000 metric tons, and
``(E) any entity or class of entities which, as determined
by the Secretary, is transporting, selling, or otherwise
using a covered fuel in a manner which emits a greenhouse gas
into the atmosphere and which has not been covered by the
carbon fee, the fee on noncovered fuel emissions, or the
carbon border fee adjustment.
``(5) Covered fuel.--The term `covered fuel' means crude
oil, natural gas, coal, or any other product derived from
crude oil, natural gas, or coal which shall be used so as to
emit greenhouse gases to the atmosphere.
``(6) Greenhouse gas.--The term `greenhouse gas'--
``(A) has the meaning given such term in section 901 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17321), and
``(B) includes any other gases identified by rule of the
Administrator.
``(7) Greenhouse gas content.--The term `greenhouse gas
content' means the amount of greenhouse gases, expressed in
metric tons of CO2-e, which would be emitted to
the atmosphere by the use of a covered fuel.
``(8) Noncovered fuel emission.--The term `noncovered fuel
emission' means any carbon dioxide or methane emitted as a
result of the production, processing, transport, or use of
any product or material within the energy or industrial
sectors--
``(A) including any fugitive or process emissions
associated with the production, processing, or transport of a
covered fuel, and
``(B) excluding any emissions from the combustion or use of
a covered fuel.
``(9) Qualified carbon oxide.--The term `qualified carbon
oxide' has the meaning given the term in section 45Q(c).
``(10) United states.--The term `United States' shall be
treated as including each possession of the United States
(including the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands).
``SEC. 4692. CARBON FEE.
``(a) Definitions.--In this section:
``(1) Applicable period.--Subject to subsection (g), the
term `applicable period' means, with respect to any
determination made by the Secretary under subsection (e)(3)
for any calendar year, the period--
``(A) beginning on January 1, 2022, and
``(B) ending on December 31 of the preceding calendar year.
``(2) Cumulative emissions.--The term `cumulative
emissions' means an amount equal to the sum of any greenhouse
gas emissions resulting from the use of covered fuels and any
noncovered fuel emissions for all years during the applicable
period.
``(3) Cumulative emissions target.--The term `cumulative
emissions target' means an amount equal to the sum of the
emissions targets for all years during the applicable period.
``(4) Emissions target.--The term `emissions target' means
the target for greenhouse gas emissions during a calendar
year as determined under subsection (e)(1).
``(b) Carbon Fee.--Subject to subsection (g), during any
calendar year that begins after December 31, 2021, there is
imposed a carbon fee on any covered entity's use, sale, or
transfer of any covered fuel.
``(c) Amount of the Carbon Fee.--The carbon fee imposed by
this section is an amount equal to--
``(1) the greenhouse gas content of the covered fuel,
multiplied by
``(2) the carbon fee rate, as determined under subsection
(d).
``(d) Carbon Fee Rate.--The carbon fee rate shall be
determined in accordance with the following:
``(1) In general.--The carbon fee rate, with respect to any
use, sale, or transfer during a calendar year, shall be--
``(A) in the case of calendar year 2022, $25, and
``(B) except as provided in paragraphs (2) and (3), in the
case of any calendar year after 2022, the amount equal to the
sum of--
``(i) the amount under subparagraph (A), plus
``(ii)(I) in the case of calendar year 2023, $10, and
``(II) in the case of any calendar year after 2023, the
amount in effect under this clause for the preceding calendar
year, plus $10.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any calendar year after
2022, the amount determined under paragraph (1)(B) shall be
increased by an amount equal to--
``(i) that dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for that calendar year, determined by
substituting `2021'for `2016' in subparagraph (A)(ii)
thereof.
``(B) Rounding.--If any increase determined subparagraph
(A) is not a multiple of $1, such increase shall be rounded
up to the next whole dollar amount.
``(3) Adjustment of carbon fee rate.--
``(A) Increase in rate following missed cumulative
emissions target.--In the case of any calendar year following
a determination by the Secretary pursuant to subsection
(e)(3) that the cumulative emissions for the preceding
calendar year exceeded the cumulative emissions target for
such year, paragraph (1)(B)(ii)(II) shall be applied--
``(i) in the case of calendar years 2025 through 2030, by
substituting `$15' for `$10',
``(ii) in the case of calendar years 2031 through 2040, by
substituting `$20' for `$10', and
``(iii) in the case of any calendar year beginning after
2040, by substituting `$25' for `$10'.
``(B) Cessation of rate increase following achievement of
cumulative emissions target.--In the case of any year
following a determination by the Secretary pursuant to
subsection (e)(3) that--
``(i) the average annual emissions of greenhouse gases from
covered entities over the preceding 3-year period are not
more than 10 percent of the greenhouse gas emissions during
the year 2018, and
``(ii) the cumulative emissions did not exceed the
cumulative emissions target,
paragraph (1)(B)(ii)(II) shall be applied by substituting
`$0' for `$10'.
``(C) Methodology.--With respect to any year, the annual
greenhouse gas emissions and cumulative emissions described
in subparagraph (A) or (B) shall be determined using the
methodology required under subsection (e)(4).
[[Page S5280]]
``(e) Emissions Targets.--
``(1) In general.--
``(A) Reference year.--For purposes of subsection (d), the
emissions target for any year shall be the amount of
greenhouse gas emissions that is equal to--
``(i) for calendar years 2022 and 2023, the applicable
percentage of the total amount of greenhouse gas emissions
from the use of any covered fuel during calendar year 2018,
and
``(ii) for calendar year 2024 and each calendar year
thereafter, the applicable percentage of the total amount of
greenhouse gas emissions from the use of any covered fuel and
noncovered fuel emissions during calendar year 2018.
``(B) Methodology.--For purposes of subparagraph (A), with
respect to determining the total amount of greenhouse gas
emissions from the use of any covered fuel and noncovered
fuel emissions during calendar year 2018, the Administrator
shall use such methods as are determined appropriate,
provided that such methods are, to the greatest extent
practicable, comparable to the methods established under
paragraph (4).
``(2) Applicable percentage.--
``(A) 2022 through 2035.--In the case of calendar years
2022 through 2035, the applicable percentage shall be
determined as follows:
Applicable percentage
2022.......................................................85 percent
2023.......................................................79 percent
2024.......................................................74 percent
2025.......................................................69 percent
2026.......................................................66 percent
2027.......................................................62 percent
2028.......................................................59 percent
2029.......................................................56 percent
2030.......................................................53 percent
2031.......................................................50 percent
2032.......................................................47 percent
2033.......................................................44 percent
2034.......................................................42 percent
2035.......................................................40 percent
``(B) 2036 through 2050.--In the case of calendar years
2036 through 2050, the applicable percentage shall be equal
to--
``(i) the applicable percentage for the preceding year,
minus
``(ii) 2 percentage points.
``(C) After 2050.--In the case of any calendar year
beginning after 2050, the applicable percentage shall be
equal to 10 percent.
``(3) Emissions reporting and determinations.--
``(A) Reporting.--Not later than September 30, 2023, and
annually thereafter, the Administrator, in consultation with
the Secretary, shall make available to the public a report
on--
``(i) the cumulative emissions with respect to the
preceding calendar year, and
``(ii) any other relevant information, as determined
appropriate by the Administrator.
``(B) Determinations.--Not later than September 30, 2024,
and annually thereafter, the Administrator, in consultation
with the Secretary and as part of the report described in
subparagraph (A), shall determine whether cumulative
emissions with respect to the preceding calendar year
exceeded the cumulative emissions target with respect to such
year.
``(4) Emissions accounting methodology.--
``(A) In general.--Not later than January 1, 2022, the
Administrator shall prescribe rules for greenhouse gas
accounting for covered entities for purposes of this
subchapter, which shall--
``(i) to the greatest extent practicable, employ existing
data collection methodologies and greenhouse gas accounting
practices,
``(ii) ensure that the method of accounting--
``(I) applies to--
``(aa) all greenhouse gas emissions from covered fuels and
all noncovered fuel emissions, and
``(bb) all covered entities,
``(II) excludes--
``(aa) any greenhouse gas emissions which are not described
item (aa) of subclause (I), and
``(bb) any entities which are not described in item (bb) of
such subclause, and
``(III) appropriately accounts for--
``(aa) qualified carbon oxide which is captured and
disposed or used in a manner described in section 4694, and
``(bb) nonemitting uses of covered fuels, as described in
subsection (f),
``(iii) subject to such penalties as are determined
appropriate by the Administrator, require any covered entity
to report, not later than April 1 of each calendar year--
``(I) the total greenhouse gas content of any covered fuels
used, sold, or transferred by such covered entity during the
preceding calendar year, and
``(II) the total noncovered fuel emissions of the covered
entity during the preceding calendar year, and
``(iv) require any information reported pursuant to clause
(iii) to be verified by a third-party entity that, subject to
such process as is determined appropriate by the
Administrator, has been certified by the Administrator with
respect to the qualifications, independence, and reliability
of such entity.
``(B) Greenhouse gas reporting program.--For purposes of
establishing the rules described in subparagraph (A), the
Administrator may elect to modify the activities of the
Greenhouse Gas Reporting Program to satisfy the requirements
described in clauses (i) through (iv) of such subparagraph.
``(5) Revisions.--With respect to any determination made by
the Administrator as to the amount of greenhouse gas
emissions for any calendar year (including calendar year
2018), any subsequent revision by the Administrator with
respect to such amount shall apply for purposes of the fee
imposed under subsection (b) for any calendar years beginning
after such revision.
``(f) Exemption and Refund.--The Secretary shall prescribe
such rules as are necessary to ensure the carbon fee imposed
by this section is not imposed with respect to any
nonemitting use, or any sale or transfer for a nonemitting
use, including rules providing for the refund of any carbon
fee paid under this section with respect to any such use,
sale, or transfer.
``(g) Delayed Application of Carbon Fee for 2022.--
``(1) First quarter of 2022.--Not later than November 1,
2021, the Secretary shall determine whether the requirement
described in paragraph (3) has been satisfied, and if such
requirement has not been satisfied, the carbon fee imposed by
this section shall be reduced to zero for the first calendar
quarter of 2022.
``(2) Remaining quarters of 2022.--If, pursuant to
paragraph (1), the carbon fee imposed by this section has
been reduced to zero for the first calendar quarter of 2022,
the Secretary shall, not later than February 1, 2022,
determine whether the requirement described in paragraph (3)
has been satisfied, and if such requirement has not been
satisfied--
``(A) the carbon fee imposed by this section shall be
reduced to zero for the second, third, and fourth calendar
quarters of 2022, and
``(B) subsection (a)(1)(A) shall be applied by substituting
`January 1, 2023' for `January 1, 2022'.
``(3) Unemployment rate requirement.--The requirement
described in this paragraph is that the unemployment rate for
each census division, as determined by the Secretary, in
coordination with the Bureau of Labor Statistics of the
Department of Labor, based upon the most recently completed
calendar quarter for which such information is available, is
less than 5 percent.
``(h) Administrative Authority.--The Secretary, in
consultation with the Administrator, shall prescribe such
regulations, and other guidance, to assess and collect the
carbon fee imposed by this section, including--
``(1) the identification of covered entities that are
liable for payment of a fee under this section or section
4693,
``(2) as may be necessary or convenient, rules for
distinguishing between different types of covered entities,
``(3) as may be necessary or convenient, rules for
distinguishing between the greenhouse gas emissions of a
covered entity and the greenhouse gas emissions that are
attributed to the covered entity but not directly emitted by
the covered entity,
``(4) requirements for the quarterly payment of such fees,
and
``(5) rules to ensure that the carbon fee under this
section, the fee on noncovered fuel emissions under section
4693, or the carbon border fee adjustment is not imposed on
an emission from covered fuel or noncovered fuel emission
more than once.
``SEC. 4693. FEE ON NONCOVERED FUEL EMISSIONS.
``(a) In General.--During any calendar year that begins
after December 31, 2023, there is imposed a fee on a covered
entity for any noncovered fuel emissions which occur during
the calendar year.
``(b) Amount.--The fee to be paid under subsection (a) by
the covered entity which is the source of the emissions
described in that subsection shall be an amount equal to--
``(1) the total amount, in metric tons of CO2-e,
of emitted greenhouse gases, multiplied by
``(2) an amount equal to the carbon fee rate in effect
under section 4692(d) for the calendar year of such emission.
``(c) Administrative Authority.--The Secretary, in
consultation with the Administrator, shall prescribe such
regulations, and other guidance, to assess and collect the
carbon fee imposed by this section, including regulations
describing the requirements for the quarterly payment of such
fees.
``SEC. 4694. REFUNDS FOR CARBON CAPTURE, SEQUESTRATION, AND
UTILIZATION.
``(a) In General.--
``(1) Capture, sequestration, and use.--The Secretary, in
consultation with the Administrator and the Secretary of
Energy, shall prescribe regulations for providing payments to
any person which captures qualified carbon oxide which is--
``(A) disposed of by such person in secure geological
storage, as described in section 45Q(f)(2), or
``(B) used in a manner which has been approved by the
Secretary pursuant to subsection (c).
``(2) Election.--If the person described in paragraph (1)
makes an election under this paragraph in such time and
manner as the Secretary may prescribe by regulations, the
credit under this section--
``(A) shall be allowable to the person that owns the
facility described in subsection (b)(1), and
``(B) shall not be allowable to the person described in
paragraph (1).
``(b) Payments for Carbon Capture.--
``(1) In general.--In the case of any facility for which
carbon capture equipment has been placed in service, the
Secretary shall make payments in the same manner as if such
payment was a refund of an overpayment of the fee imposed by
section 4692 or 4693.
[[Page S5281]]
``(2) Amount of payment.--The payment determined under this
subsection shall be an amount equal to--
``(A) the metric tons of qualified carbon oxide captured
and disposed of, used, or utilized in a manner consistent
with subsection (a), multiplied by
``(B)(i) the carbon fee rate during the year in which the
carbon fee was imposed by section 4692 on the covered fuel to
which such carbon oxide relates, or
``(ii) in the case of a direct air capture facility (as
defined in section 45Q(e)(1)), the carbon fee rate during the
year in which the qualified carbon oxide was captured and
disposed of, used, or utilized.
``(c) Approved Uses of Qualified Carbon Oxide.--The
Secretary, in consultation with Administrator and the
Secretary of Energy, shall, through regulation or other
public guidance, determine which uses of qualified carbon
oxide are eligible for payments under this section, which may
include--
``(1) use as a tertiary injectant in a qualified enhanced
oil or natural gas recovery project (as defined in subsection
(e)(2) of section 45Q) and disposal in secure geological
storage,
``(2) utilization in a manner described in clause (i) or
(ii) of section 45Q(f)(5)(A), or
``(3) any other use which ensures minimal leakage or escape
of such carbon oxide.
``(d) Exception.--In the case of any facility which is
owned by an entity that is determined to be in violation of
any applicable air or water quality regulations, such
facility shall not be eligible for any payment under this
section during the period of such violation.
``SEC. 4695. BORDER ADJUSTMENTS.
``(a) In General.--The fees imposed by, and refunds allowed
under, this section shall be referred to as `the carbon
border fee adjustment'.
``(b) Exports.--
``(1) Carbon-intensive products.--In the case of any
carbon-intensive product which is exported from the United
States, the Secretary shall pay to the person exporting such
product a refund equal to the amount of the cost of such
product attributable to any fees imposed under this
subchapter related to the manufacturing of such product (as
determined under regulations established by the Secretary).
``(2) Covered fuels.--In the case of any covered fuel which
is exported from the United States, the Secretary shall pay
to the person exporting such fuel a refund equal to the
amount of the cost of such fuel attributable to any fees
imposed under this subchapter related to the use, sale, or
transfer of such fuel.
``(c) Imports.--
``(1) Carbon-intensive products.--
``(A) Imposition of equivalency fee.--In the case of any
carbon-intensive product imported into the United States,
there is imposed an equivalency fee on the person importing
such product in an amount equal to the cost of such product
that would be attributable to any fees imposed under this
subchapter related to the manufacturing of such product if
any inputs or processes used in manufacturing such product
were subject to such fees (as determined under regulations
established by the Secretary).
``(B) Reduction in fee.--The amount of the equivalency fee
under subparagraph (A) shall be reduced by the amount, if
any, of any fees imposed on the carbon-intensive product by
the foreign nation or governmental units from which such
product was imported.
``(2) Covered fuels.--
``(A) In general.--In the case of any covered fuel imported
into the United States, there is imposed a fee on the person
importing such fuel in an amount equal to the amount of any
fees that would be imposed under this subchapter related to
the use, sale, or transfer of such fuel.
``(B) Reduction in fee.--The amount of the fee under
subparagraph (A) shall be reduced by the amount, if any, of
any fees imposed on the covered fuel by the foreign nation or
governmental units from which the fuel was imported.
``(d) Treatment of Alternative Policies as Fees.--Under
regulations established by the Secretary, foreign policies
that have substantially the same effect in reducing emissions
of greenhouse gases as fees shall be treated as fees for
purposes of subsections (b) and (c).
``(e) Regulatory Authority.--
``(1) In general.--The Secretary shall consult with the
Administrator, the Secretary of Commerce, and the Secretary
of Energy in establishing rules and regulations implementing
the purposes of this section.
``(2) Treaties.--The Secretary, in consultation with the
Secretary of State, may adjust the applicable amounts of the
refunds and equivalency fees under this section in a manner
that is consistent with any obligations of the United States
under an international agreement.''.
SEC. 4. AMERICA'S CLEAN FUTURE FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following:
``SEC. 9512. AMERICA'S CLEAN FUTURE FUND.
``(a) Establishment and Funding.--There is established in
the Treasury of the United States a trust fund to be known as
the `America's Clean Future Fund' (referred to in this
section as the `Trust Fund'), consisting of such amounts as
are appropriated to the Trust Fund under subsection (b).
``(b) Transfers to America's Clean Future Fund.--There is
appropriated to the Trust Fund, out of any funds in the
Treasury not otherwise appropriated, amounts equal to the
fees received into the Treasury under sections 4692, 4693,
and 4695, less--
``(1) any amounts refunded or paid under sections 4692(d),
4694, and 4695(b), and
``(2) for each of the first 18 fiscal years beginning after
September 30, 2022, an amount equal to the quotient of--
``(A) $100,000,000,000, and
``(B) 18.
``(c) Expenditures.--For each fiscal year, amounts in the
Trust Fund shall be apportioned as follows:
``(1) Carbon fee rebate and payments for carbon reduction
and sequestration.--
``(A) Carbon fee rebate.--For the purposes described in
section 5 of the America's Clean Future Fund Act and any
expenses necessary to administer such section--
``(i) for each of the first 10 fiscal years beginning after
September 30, 2022, an amount equal to--
``(I) 75 percent of those amounts, minus
``(II) the amount determined under subparagraph (B) for
such fiscal year, and
``(ii) for any fiscal year beginning after the period
described in clause (i), the applicable percentage of such
amounts.
``(B) Payments for carbon reduction and sequestration.--For
the purposes described in section 6 of the America's Clean
Future Fund Act, for each of the first 10 fiscal years
beginning after September 30, 2022, an amount equal to 7
percent of the amount determined annually under subparagraph
(A)(i)(I).
``(C) Applicable percentage.--For purposes of subparagraph
(A)(ii), the applicable percentage shall be equal to--
``(i) for the first fiscal year beginning after the period
described in subparagraph (A)(i), 76 percent,
``(ii) for each of the first 3 fiscal years subsequent to
the period described in clause (i), the applicable percentage
for the preceding fiscal year increased by 1 percentage
point, and
``(iii) for any fiscal year subsequent to the period
described in clause (ii), 80 percent.
``(2) Climate change finance corporation.--
``(A) In general.--For the purposes described in section 2
of the America's Clean Future Fund Act, the applicable
percentage of such amounts.
``(B) Applicable percentage.--For purposes of this
paragraph, the applicable percentage shall be equal to--
``(i) for each of the first 10 fiscal years beginning after
the period described in subsection (e) of such section, 15
percent,
``(ii) for each of the first 4 fiscal years subsequent to
the period described in clause (i), the applicable percentage
for the preceding fiscal year increased by 1 percentage
point, and
``(iii) for any fiscal year subsequent to the period
described in clause (ii), 20 percent.
``(3) Transition assistance for impacted communities.--
``(A) In general.--For the purposes described in section 7
of the America's Clean Future Fund Act, the applicable
percentage of such amounts.
``(B) Applicable percentage.--For purposes of this
paragraph, the applicable percentage shall be equal to--
``(i) for each of the first 10 fiscal years beginning after
September 30, 2022, 10 percent,
``(ii) for each of the first 4 fiscal years subsequent to
the period described in clause (i), the applicable percentage
for the preceding fiscal year reduced by 2 percentage points,
and
``(iii) for any fiscal year subsequent to the period
described in clause (ii), 0 percent.
``(d) Adjustment.--If, pursuant to section 4692(g), the
carbon fee has been reduced to zero for calendar year 2022--
``(1) subsection (b)(2) and paragraphs (1)(A)(i), (1)(B),
and (3)(B)(i) of subsection (c) shall each be applied by
substituting `September 30, 2023' for `September 30, 2022',
and
``(2) subsection (b)(2)(A) shall be applied by substituting
`$150,000,000,000' for `$100,000,000,000'.''.
(b) Clerical Amendment.--The table of sections for
subchapter A of chapter 98 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 9512. America's Clean Future Fund.''.
SEC. 5. AMERICA'S CLEAN FUTURE FUND STIMULUS.
(a) Eligible Individual.--
(1) In general.--In this section, the term ``eligible
individual'' means, with respect to any quarter, any natural
living person--
(A) who has a valid Social Security number or taxpayer
identification number,
(B) who has attained 18 years of age, and
(C) whose principal place of abode is in the United States
for more than one-half of the most recent taxable year for
which a return has been filed.
(2) Verification.--The Secretary of the Treasury, or the
Secretary's delegate (referred to in this section as the
``Secretary'') may verify the eligibility of an individual to
receive a carbon fee rebate payment under subsection (b).
(b) Rebates.--Subject to subsections (c)(2) and (l), from
amounts in the America's Clean Future Fund established by
section 9512(c)(1)(A) of the Internal Revenue Code of 1986
that are available in any year, the Secretary shall, for each
calendar quarter beginning after September 30, 2022, make
carbon fee rebate payments to each eligible individual, to be
known as ``America's Clean Future Fund Stimulus payments''
(referred to
[[Page S5282]]
in this section as ``carbon fee rebate payments'').
(c) Pro-rata Share.--
(1) In general.--With respect to each quarter during any
fiscal year beginning after September 30, 2022, the carbon
fee rebate payment is 1 pro-rata share for each eligible
individual of an amount equal to 25 percent of amounts
apportioned under section 9512(c)(1)(A) of the Internal
Revenue Code of 1986 for such fiscal year.
(2) Initial annual rebate payments.--
(A) In general.--From amounts appropriated under subsection
(j), the Secretary shall, for each of fiscal years 2021 and
2022, make carbon fee rebate payments to each eligible
individual during the third quarter of each such fiscal year.
(B) Pro-rata share.--For purposes of this paragraph, the
carbon fee rebate payment is 1 pro-rata share for each
eligible individual of the amount appropriated under
subsection (j) for the fiscal year.
(3) Estimate.--For each fiscal year described in paragraph
(1), the Secretary shall, not later than the first day of
such fiscal year, publicly announce an estimate of the amount
of the carbon fee rebate payment for each quarter during such
fiscal year.
(d) Phaseout.--
(1) Definitions.--In this subsection:
(A) Modified adjusted gross income.--The term ``modified
adjusted gross income'' means adjusted gross income increased
by any amount excluded from gross income under section 911,
931, or 933 of the Internal Revenue Code of 1986.
(B) Household member.--The term ``household member of the
taxpayer'' means the taxpayer, the taxpayer's spouse, and any
dependent of the taxpayer.
(C) Threshold amount.--The term ``threshold amount''
means--
(i) $150,000 in the case of a taxpayer filing a joint
return, and
(ii) $75,000 in the case of a taxpayer not filing a joint
return.
(2) Phaseout of payments.--In the case of any taxpayer
whose modified adjusted gross income for the most recent
taxable year for which a return has been filed exceeds the
threshold amount, the amount of the carbon fee rebate payment
otherwise payable to any household member of the taxpayer
under this section shall be reduced (but not below zero) by a
dollar amount equal to 5 percent of such payment (as
determined before application of this paragraph) for each
$1,000 (or fraction thereof) by which the modified adjusted
gross income of the taxpayer exceeds the threshold amount.
(e) Fee Treatment of Payments.--Amounts paid under this
section shall not be includible in gross income for purposes
of Federal income taxes.
(f) Federal Programs and Federal Assisted Programs.--The
carbon fee rebate payment received by any eligible individual
shall not be taken into account as income and shall not be
taken into account as resources for purposes of determining
the eligibility of such individual or any other individual
for benefits or assistance, or the amount or extent of
benefits or assistance, under any Federal program or under
any State or local program financed in whole or in part with
Federal funds.
(g) Disclosure of Return Information.--Section 6103(l) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(23) Disclosure of return information relating to carbon
fee rebate payments.--
``(A) Department of treasury.--Return information with
respect to any taxpayer shall, without written request, be
open to inspection by or disclosure to officers and employees
of the Department of the Treasury whose official duties
require such inspection or disclosure for purposes of
administering section 5 of the America's Clean Future Fund
Act.
``(B) Restriction on disclosure.--Information disclosed
under this paragraph shall be disclosed only for purposes of,
and to the extent necessary in, carrying out such section.''.
(h) Regulations.--The Secretary shall prescribe such
regulations, and other guidance, as may be necessary to carry
out the purposes of this section, including--
(1) establishment of rules for eligible individuals who
have not filed a recent tax return, and
(2) in coordination with the Commissioner of Social
Security, the Secretary of Veterans Affairs, and any relevant
State agencies, establish methods to identify eligible
individuals and provide carbon fee rebate payments to such
individuals through appropriate means of distribution,
including through the use of electronic benefit transfer
cards.
(i) Public Awareness Campaign.--The Secretary shall conduct
a public awareness campaign, in coordination with the
Commissioner of Social Security and the heads of other
relevant Federal agencies, to provide information to the
public regarding the availability of carbon fee rebate
payments under this section.
(j) Initial Appropriation.--For purposes of subsection
(c)(2), there is appropriated, out of any funds in the
Treasury not otherwise appropriated, to remain available
until expended--
(1) for the fiscal year ending September 30, 2021,
$37,500,000,000,
(2) for the fiscal year ending September 30, 2022,
$37,500,000,000, and
(3) if, pursuant to section 4692(g) of the Internal Revenue
Code of 1986 (as added by section 3), the carbon fee has been
reduced to zero for calendar year 2022, $37,500,000 for the
fiscal year ending September 30, 2023.
(k) Adjustment.--If, pursuant to section 4692(g) of the
Internal Revenue Code of 1986, the carbon fee has been
reduced to zero for calendar year 2022--
(1) subsections (b) and (c)(1) shall each be applied by
substituting ``September 30, 2023'' for ``September 30,
2022'', and
(2) subsection (c)(2) shall be applied by substituting
``2021, 2022, and 2023'' for ``2021 and 2022''.
(l) Termination.--This section shall not apply to any
calendar quarter beginning after--
(1) a determination by the Secretary under section
4692(d)(3)(B) of the Internal Revenue Code of 1986; or
(2) any period of 8 consecutive calendar quarters for which
the amount of carbon fee rebate payment (without application
of subsection (d)) during each such quarter is less than $20.
SEC. 6. PAYMENTS FOR CARBON REDUCTION AND SEQUESTRATION.
(a) In General.--The Secretary of Agriculture (referred to
in this section as the ``Secretary''), in consultation with
the Administrator of the Environmental Protection Agency,
shall provide payments to farmers, ranchers, private forest
landowners, and other agricultural landowners in the United
States that reduce or sequester greenhouse gas emissions
through the adoption of qualifying farming, ranching, and
forestry practices described in subsection (b).
(b) Qualifying Practices.--
(1) In general.--For a farming, ranching, or forestry
practice to be eligible for payments under subsection (a),
the Secretary shall determine that the practice qualifies as
measurable, reportable, and verifiable for reducing or
sequestering greenhouse gas emissions.
(2) Included practices.--Farming, ranching, and forestry
practices that the Secretary may determine to be eligible for
payments under paragraph (1) are--
(A) conservation enhancements, which may include--
(i) improved soil, water, and land management;
(ii) cover crops;
(iii) prairie, buffer, and edge-of-field strips;
(iv) conservation tillage;
(v) easements;
(vi) fertilizer practice improvements;
(vii) ecologically-appropriate reforestation and other
sustainable forestry and related stewardship practices;
(viii) land or soil carbon sequestration;
(ix) avoidance of the conversion of grassland, wetland, and
forest land; and
(x) grassland management, including prescribed grazing;
(B) livestock management, which may include--
(i) enteric fermentation reduction; and
(ii) aerobic digestion or improved manure management;
(C) capital upgrades and infrastructure investments to
reduce greenhouse gas emissions, which may include--
(i) building and equipment refurbishment or upgrades;
(ii) adoption of renewable or clean energy and energy
efficiency technologies; and
(iii) avoiding or removing agricultural land from urban or
suburban development; and
(D) any other practice, as determined by the Secretary,
that results in a quantifiable reduction in or sequestration
of greenhouse gas emissions.
(c) Considerations.--In determining the amount and duration
of a payment under subsection (a), the Secretary shall
consider--
(1) the degree of additionality of the greenhouse gas
reduction or sequestration as a result of the applicable
qualifying practice described in subsection (b), as compared
to a historical baseline;
(2) whether the recipient of the payment was an early
adopter of 1 or more practices that reduce or sequester
greenhouse gas emissions; and
(3) the degree of transitionality or permanence of the
greenhouse gas reduction or sequestration as a result of the
applicable qualifying practice described in subsection (b).
(d) Measurement, Reporting, Monitoring, and Verification.--
(1) In general.--The Secretary shall approve and provide
oversight of 1 or more third-party agents to provide services
described in paragraph (2).
(2) Services described.--Services referred to in paragraph
(1) are determining the reduction or sequestration of
greenhouse gas emissions as a result of qualifying practices
described in subsection (b) by--
(A) measurement;
(B) reporting;
(C) monitoring;
(D) verification; and
(E) using methods to account for additionality, as compared
to a historical baseline.
(3) Use of protocols.--Services referred to in paragraph
(1) shall be provided using generally accepted protocols.
(4) Use of department of agriculture resources.--The
Secretary shall require a third-party agent approved under
paragraph (1) to use the resources, boards, committees,
geospatial data, aerial or other maps, employees, offices,
and capacities of the Department of Agriculture in providing
services under that paragraph.
(5) Privacy and data security.--
(A) In general.--The Secretary shall establish--
[[Page S5283]]
(i) safeguards to protect the privacy of information that
is submitted through or retained by a third-party agent
approved under paragraph (1), including employees and
contractors of the third-party agent; and
(ii) such other rules and standards of data security as the
Secretary determines to be appropriate to carry out this
section.
(B) Penalties.--The Secretary shall establish penalties for
any violations of privacy or confidentiality under
subparagraph (A).
(6) Disclosure of information.--
(A) Public disclosure.--Information collected for purposes
of services provided under paragraph (1) may be disclosed to
the public or disclosed for purposes of audit, research, or
improvement of the program under this section--
(i) if the information is transformed into a statistical or
aggregate form such that the information does not include any
identifiable or personal information of individual producers;
or
(ii) in a form that may include identifiable or personal
information of a producer if that producer consents to the
disclosure of the information.
(B) Requirement.--The participation of a producer in, and
the receipt of any benefit by the producer under, the program
under this section or any other program administered by the
Secretary may not be conditioned on the producer providing
consent under subparagraph (A)(ii).
(e) Ineligibility.--A person that is determined to be in
violation of any applicable air quality regulation or the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
(including regulations) shall not be eligible for any payment
under subsection (a) during the period of the violation.
(f) Regulations.--Not later than July 1, 2022, the
Secretary shall issue regulations to carry out this section,
including--
(1) the amount of a payment under subsection (a), which
shall be based on--
(A) the quantity of carbon dioxide equivalent emissions
reduced or sequestered; and
(B) the considerations described in subsection (c);
(2) a methodology that any third-party agents approved
under subsection (d)(1) shall use to provide the services
under that subsection;
(3) a limitation on the total amount of payments that may
be made under subsection (a) with respect to a producer; and
(4) a requirement for the duration of emissions reduction
or sequestration for purposes of eligibility for payments
under subsection (a).
(g) Effectiveness.--
(1) In general.--The authority to provide payments under
this section shall be effective for each of the first 10
fiscal years beginning after September 30, 2022.
(2) Adjustment.--If, pursuant to section 4692(g) of the
Internal Revenue Code of 1986 (as added by section 3), the
carbon fee has been reduced to zero for calendar year 2022,
paragraph (1) shall be applied by substituting ``September
30, 2023'' for ``September 30, 2022''.
SEC. 7. TRANSITION ASSISTANCE FOR IMPACTED COMMUNITIES.
(a) In General.--The Secretary of Commerce, acting through
the Assistant Secretary of Commerce for Economic Development
(referred to in this section as the ``Secretary''), in
coordination with the Secretary of Labor, shall provide
grants to eligible entities for transition assistance to a
low-carbon economy.
(b) Eligible Entities.--An entity eligible to receive a
grant under this section is a labor organization, an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)), a unit of
State or local government, an economic development
organization, a nonprofit organization, community-based
organization, or intermediary, or a State board or local
board (as those terms are defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102))
that serves or is located in a community that--
(1) as determined by the Secretary, in coordination with
the Secretary of Labor, has been or will be impacted by
economic changes in carbon-intensive industries, including
job losses;
(2) as determined by the Secretary, in consultation with
the Administrator of the Federal Emergency Management Agency,
has been or is at risk of being impacted by extreme weather
events, sea level rise, and natural disasters related to
climate change; or
(3) as determined by the Secretary, in consultation with
the Administrator of the Environmental Protection Agency, has
been impacted by harmful residuals from a fossil fuel or
carbon-intensive industry.
(c) Use of Funds.--An eligible entity that receives a grant
under this section shall use the grant for--
(1) economic and workforce development activities, such
as--
(A) job creation;
(B) providing reemployment and worker transition
assistance, including registered apprenticeships, subsidized
employment, job training, transitional jobs, and supportive
services (as defined in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102)), with priority given
to--
(i) workers impacted by changes in carbon-intensive
industries;
(ii) individuals with a barrier to employment (as defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102)); and
(iii) programs that lead to a recognized postsecondary
credential (as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102));
(C) local and regional investment, including commercial and
industrial economic diversification;
(D) export promotion; and
(E) establishment of a monthly subsidy payment for workers
who retire early due to economic changes in carbon-intensive
industries;
(2) climate change resiliency, such as--
(A) building electrical, communications, utility,
transportation, and other infrastructure in flood-prone areas
above flood zone levels;
(B) building flood and stormproofing measures in flood-
prone areas and erosion-prone areas;
(C) increasing the resilience of a surface transportation
infrastructure asset to withstand extreme weather events and
climate change impacts;
(D) improving stormwater infrastructure;
(E) increasing the resilience of agriculture to extreme
weather;
(F) ecological restoration;
(G) increasing the resilience of forests to wildfires; and
(H) increasing coastal resilience;
(3) environmental cleanup from fossil fuel industry
facilities that are abandoned or retired, or closed due to
bankruptcy, and residuals from carbon-intensive industries,
such as--
(A) coal ash and petroleum coke cleanup;
(B) mine reclamation; and
(C) remediation of impaired waterways and drinking water
resources; or
(4) other activities as the Secretary, in coordination with
the Secretary of Labor, the Administrator of the Federal
Emergency Management Agency, and the Administrator of the
Environmental Protection Agency, determines to be
appropriate.
(d) Requirements.--
(1) Labor standards; nondiscrimination.--An eligible entity
that receives a grant under this section shall use the funds
in a manner consistent with sections 181 and 188 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3241,
3248).
(2) Wage rate requirements.--All laborers and mechanics
employed by eligible entities to carry out projects and
activities funded directly by or assisted in whole or in part
by a grant under this section shall be paid at wages at rates
not less than those prevailing on projects of a similar
character in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code (commonly known as the ``Davis-Bacon
Act'').
(3) Buy america requirements.--
(A) In general.--All iron, steel, and manufactured goods
used for projects and activities carried out with a grant
under this section shall be produced in the United States.
(B) Waiver.--The Secretary may waive the requirement in
subparagraph (A) if the Secretary finds that--
(i) enforcing the requirement would be inconsistent with
the public interest;
(ii) the iron, steel, and manufactured goods produced in
the United States are not produced in a sufficient and
reasonably available amount or are not of a satisfactory
quality; or
(iii) enforcing the requirement will increase the overall
cost of the project or activity by more than 25 percent.
(e) Coordination.--An eligible entity that receives a grant
under this section is encouraged to collaborate or partner
with other eligible entities in carrying out activities with
that grant.
(f) Report.--Not later than 3 years after the date on which
the Secretary establishes the grant program under this
section, the Secretary and the Secretary of Labor shall
submit to Congress a report on the effectiveness of the grant
program, including--
(1) the number of individuals that have received
reemployment or worker transition assistance under this
section;
(2) a description of any job creation activities carried
out with a grant under this section and the number of jobs
created from those activities;
(3) the percentage of individuals that have received
reemployment or worker transition assistance under this
section who are, during the second and fourth quarters after
exiting the program--
(A) in education or training activities; or
(B) employed;
(4) the average wages of individuals that have received
reemployment or worker transition assistance under this
section during the second and fourth quarters after exit from
the program;
(5) a description of any regional investment activities
carried out with a grant under this section;
(6) a description of any export promotion activities
carried out with a grant under this section, including--
(A) a description of the products promoted; and
(B) an analysis of any increase in exports as a result of
the promotion;
(7) a description of any resilience activities carried out
with a grant under this section; and
(8) a description of any cleanup activities from fossil
fuel industry facilities or carbon-intensive industries
carried out with a grant under this section.
(g) Funding.--
(1) Initial funding.--
[[Page S5284]]
(A) In general.--There is appropriated to the Secretary,
out of any funds in the Treasury not otherwise appropriated,
$5,000,000,000 for each of fiscal years 2021 and 2022 to
carry out this section, to remain available until expended.
(B) Additional funding.--If, pursuant to section 4692(g) of
the Internal Revenue Code of 1986 (as added by section 3),
the carbon fee has been reduced to zero for calendar year
2022, there is appropriated to carry out this section, out of
any funds in the Treasury not otherwise appropriated,
$5,000,000,000 for fiscal year 2023, to remain available
until expended.
(2) America's clean future fund.--The Secretary shall carry
out this section using amounts made available from the
America's Clean Future Fund under section 4.
SEC. 8. STUDY ON CARBON PRICING.
(a) In General.--Not later than January 1, 2024, the
Administrator of the Environmental Protection Agency
(referred to in this section as the ``Administrator'') shall
seek to enter into an agreement with the National Academy of
Sciences under which the National Academy of Sciences shall
carry out a study not less frequently than once every 5 years
to evaluate the effectiveness of the fees established under
sections 4692 and 4693 of the Internal Revenue Code of 1986
in achieving the following goals:
(1) A net reduction of greenhouse gas emissions by 45
percent, based on 2018 levels, by 2030.
(2) A net reduction of greenhouse gas emissions by 100
percent, based on 2018 levels, by 2050.
(b) Requirements.--In executing the agreement under
subsection (a), the Administrator shall ensure that, in
carrying out a study under that subsection, the National
Academy of Sciences--
(1) includes an evaluation of--
(A) total annual greenhouse gas emissions by the United
States, including greenhouse gas emissions not subject to the
fees described in that subsection; and
(B) the historic trends in the total greenhouse gas
emissions evaluated under subparagraph (A);
(2) analyzes the extent to which greenhouse gas emissions
have been or would be reduced as a result of current and
potential future policies, including--
(A) a projection of greenhouse gas emissions reductions
that would result if the regulations of the Administrator
were to be adjusted to impose stricter limits on greenhouse
gas emissions than the goals described in that subsection,
with a particular focus on greenhouse gas emissions not
subject to the fees described in that subsection;
(B) the status of greenhouse gas emissions reductions that
result from fees charged under sections 4692 and 4693 of the
Internal Revenue Code of 1986;
(C) a projection of greenhouse gas emissions reductions
that would result if fees charged under such sections were
annually increased--
(i) at the current price path; and
(ii) above the current price path;
(D) an analysis of greenhouse gas emissions reductions that
result from the policies of States, units of local
government, Tribal communities, and the private sector;
(E) a projection of greenhouse gas emissions reductions
that would result from the promulgation of additional Federal
climate policies, including a clean energy standard,
increased fuel economy and greenhouse gas emissions standards
for motor vehicles, a low-carbon fuel standard,
electrification of cars and heavy-duty trucks, and
reforestation of not less than 3,000,000 acres of land within
the National Forest System; and
(F) the status and projections of decarbonization in other
major economies; and
(3) submits a report to the Administrator, Congress, and
the Board of Directors of the Climate Change Finance
Corporation describing the results of the study.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall apply to any calendar
year beginning after December 31, 2021.
______
By Mrs. FEINSTEIN (for herself and Mr. Grassley):
S. 4491. A bill to designate methamphetamine as an emerging threat,
and for other purposes; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, psychostimulant overdose deaths,
including methamphetamine-related deaths, increased by 27 percent in 1
year. That is a higher rate of increase than any other illicit
substance in our country, including fentanyl.
It is time to sound the alarm. We must take immediate action to
prevent methamphetamine from becoming the next drug overdose crisis
facing our country.
That is why I am introducing the Methamphetamine Response Act with my
colleague, Senator Grassley.
This bill does two things.
First, it declares methamphetamine an emerging drug threat.
Second, it requires the Office of National Drug Control Policy,
ONDCP, to develop and implement a national plan that is specific to
methamphetamine, in accordance the ONDCP Reauthorization, which I was
proud to coauthor, and which was enacted in 2018 as part of the SUPPORT
Act.
This plan must include an assessment of the methamphetamine threat,
including the current availability of, and demand for, the drug, and
the effectiveness of evidence-based prevention and treatment programs,
as well as law enforcement programs; short- and long-term goals focused
on supply and demand reduction and the expansion of prevention and
treatment programs; performance measures related to the plan's goals;
and the level of funding needed to implement the plan, including an
assessment of whether available funding can be reprogrammed or
transferred or whether additional funds are needed.
There is no question that methamphetamine is emerging yet again as a
major drug threat to our Nation.
Between 2008 and 2017, methamphetamine-related treatment admissions
increased from 15 percent to nearly 24 percent. Heroin use among those
admitted for methamphetamine treatment increased from 5.3 percent to
23.6 percent, indicating a significant and troubling increase in poly
substance use.
Between 2018 and 2019, psychostimulant overdose deaths, including
methamphetamine deaths, increased in 27 of the 38 states that provide
drug-specific data to the Centers for Disease Control and Prevention.
This amounts to a 27-percent increase nationally.
By the end of 2019, methamphetamine availability, use, purity, and
potency had increased, as street level prices declined.
Data shows that methamphetamine use is no longer limited to Midwest
and Western States but is increasingly prevalent in Northeastern
States.
Emergency room admissions for suspected stimulant overdoses,
including methamphetamine, increased by 23 percent between January 2019
and 2020. These increases occurred in 36 States and the District of
Colombia.
In the first 9 months of fiscal year 2020, methamphetamine seizures
increased by 52 percent.
COVID-19 is likely to exacerbate these trends.
In fact, the National Institute on Drug Abuse has warned clinicians
to be prepared to monitor adverse effects associated with increased
methamphetamine use, including respiratory and pulmonary effects, among
COVID-19 patients.
Additionally, the necessary social distancing requirements associated
with COVID-19 have made in-person treatment more difficult, increasing
the probability that those seeking treatment may not be able to access
it.
These facts alone are enough to declare methamphetamine an emerging
threat, but public reports indicating that Mexican cartels are
stockpiling methamphetamine at the border and are poised to flood the
United States with methamphetamine make the situation that much more
urgent.
In 1 year methamphetamine killed more than 16,000 Americans. Absent
immediate action and a whole-of-government plan, these fatalities will
continue to increase.
Please join me in supporting Methamphetamine Response Act to stop
methamphetamine from becoming the next wave in a series of preventable
crises that have impacted the United States.
______
By Mr. SCHUMER:
S. 4496. A bill to direct the Secretary of Labor to promulgate an
occupational safety and health standard that requires covered employers
to protect employees from injury and death related to grease trap
manholes; to the Committee on Health, Education, Labor, and Pensions.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 4496
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 ``Bryce Raynor Act of 2020''.
[[Page S5285]]
SEC. 2. OCCUPATIONAL SAFETY AND HEALTH STANDARD REGARDING
GREASE TRAP MANHOLES.
(a) Definitions.--In this section, the terms ``employee''
and ``employer'' have the meanings given the terms in section
3 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 652).
(b) Interim Final Standard.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Labor shall
promulgate an interim final occupational safety and health
standard protecting employees from death and injury related
to grease trap manholes that--
(A) shall be included as a new section in subpart D of part
1910 of title 29, Code of Federal Regulations or any
successor subpart, with the heading ``Grease Trap Manholes'';
and
(B) requires employers to protect all employees from
falling in or tripping on grease trap manholes by--
(i) ensuring that the grease trap manholes and surrounding
areas are inspected regularly and in accordance with clause
(iv) and maintained in a safe condition, consistent with
paragraphs (1), (2), and (3) of section 1910.22(d) of such
subpart;
(ii) ensuring that, consistent with section 1910.28(b)(3)
of such subpart, each employee--
(I) is protected from falling through any grease trap
manhole opening that is 4 feet (1.2 meters) or more above a
lower level by a cover, guardrail system, travel restraint
system, or personal fall arrest system; and
(II) is protected from tripping into or stepping into or
through any grease trap manhole opening that is less than 4
feet (1.2 meters) above a lower level by a cover or guardrail
system;
(iii) ensuring that each grease trap manhole opening--
(I) has a cover that, consistent with the requirements of
section 1910.29(e) of such subpart--
(aa) is capable of supporting, without failure, at least
twice the maximum intended load that may be imposed on the
cover at any one time;
(bb) is manufactured for commercial use;
(cc) is secured by a bolt or locking mechanism to prevent
accidental displacement; and
(dd) is made of round cast iron, or metal of a similar
construction rated for heavy road traffic, with sufficient
weight to prevent unauthorized access; and
(II) has a secondary protection device consisting of a
screen or netting sufficient to prevent a person from falling
into the grease trap manhole opening; and
(iv) ensuring that each grease trap manhole and cover for a
grease trap manhole opening is inspected twice a year to
ensure that the cover is made of metal, locked, and can
support twice the maximum intended load.
(2) Notice and comment.--Notwithstanding any other
provision of section 6 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655), the Secretary of Labor shall,
prior to promulgating the interim final standard under
paragraph (1), provide notice of the interim final standard
and a 30-day opportunity for public comment.
(3) Effective date of interim final standard.--
(A) In general.--The interim final standard promulgated
under paragraph (1) shall--
(i) take effect on a date specified by the Secretary of
Labor that is not later than 30 days after the date of
promulgation, except that such interim final standard may
include a reasonable phase-in period for the implementation
of required engineering controls that take effect after such
date;
(ii) have the legal effect of, and be enforced in the same
manner as, an occupational safety and health standard
promulgated under section 6(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)); and
(iii) be in effect until the final standard described in
subsection (c)(2) becomes effective and enforceable.
(B) Failure to promulgate.--If an interim final standard
described in paragraph (1) is not promulgated by the date
that is 2 years after the date of enactment of this Act, the
provisions of such paragraph shall be in effect and enforced
in the same manner as any standard promulgated under section
6(b) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(b)) until such provisions are superseded in whole
by an interim final standard promulgated by the Secretary
that meets the requirements of paragraph (1).
(c) Final Standard.--
(1) Proposed final standard.--Not later than 30 months
after the date of enactment of this Act, the Secretary of
Labor shall, pursuant to section 6 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 655), promulgate a proposed
final standard protecting employees from death and injury
related to grease trap manholes that shall include, at a
minimum, the elements contained in the interim final standard
promulgated under subsection (b).
(2) Final standard.--Not later than 42 months after the
date of enactment of this Act, the Secretary of Labor shall,
pursuant to section 6 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655), promulgate a final standard
protecting employees from death and injury related to grease
trap manholes. Such final standard shall include, at a
minimum, the elements contained in the interim final standard
promulgated under subsection (b).
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