STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS; Congressional Record Vol. 166, No. 140
(Senate - August 06, 2020)

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[Pages S5274-S5285]
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          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.

[[Page S5277]]

  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,

[[Page S5278]]

     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).

                          ____________________