[Congressional Record Volume 163, Number 72 (Thursday, April 27, 2017)]
[Senate]
[Pages S2618-S2627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. WYDEN (for himself, Mr. Brown, Mrs. Feinstein, Mrs.
Gillibrand, Mr. Merkley, Mr. Sanders, Ms. Warren, Mr.
Whitehouse, Ms. Hirono, Mr. Schatz, Mr. Leahy, and Mr. Nelson):
S. 959. A bill to restore protections for Social Security, Railroad
retirement, and Black Lung benefits from administrative offset; to the
Committee on Finance.
Mr. WYDEN. Mr. President. Every day, Social Security provides vital
benefits to millions of Americans who worked and paid into the system.
To ensure workers would receive full access to these fundamental
lifeline benefits, for many years, the law protected these earned
benefits from attempts to recover debts. However, 20 years ago,
Congress suddenly reversed course, and made a change to the law that
allowed the government to cut Social Security and other hard-earned
benefit payments in order to collect student loan and other federal
debts, like home loans owed to the Veterans Administration, and food
stamp overpayments. Now, more and more seniors are finding themselves
subject to government garnishment of their already modest Social
Security benefits in order to recoup student loan debts. In fact, the
New York Times published an editorial recently titled, ``Haunted by
Student Debt Past Age 50'' that highlighted the worsening struggle that
seniors face with student debt.
Student loan debt is becoming an increasingly serious problem in
Oregon and across the Nation, with students and their families burdened
by crushing student loan debt. Even in the best circumstances, many
families will struggle to pay off crippling loans for years to come.
However, for people who rely on benefits like Social Security after
retirement, disability, or the death of a family member, making
payments on student loans or other Federal debts can become an
insurmountable hardship.
Because of the lifeline nature of these earned benefits, for more
than 40 years the law prevented all creditors from collecting hard-
earned Social Security, railroad retirement, and black lung benefits to
recoup debts. The only exceptions included unpaid Federal taxes, child
support or alimony payments, and court-ordered victim restitution.
These protections helped ensure that our social safety net programs
were functioning as intended--something I think we can all agree is
essential to preserving Social Security and other earned benefits.
Astonishingly, when the law changed as part of a 1996 omnibus budget
bill, these changes were never fully debated in Congress. This means
Members of Congress never had the chance to really explore how this
policy would affect beneficiaries. The legislation ultimately included
some protections for the most vulnerable, but even those protections
have not been updated in 20 years.
We now realize what a profound effect the loss of these protections
has had on retirees and individuals with disabilities, who often live
on fixed incomes. More and more seniors and people with disabilities
are having their Social Security and other lifeline benefits taken away
to pay federal debts. For example, according to a GAO report, in 2004,
about 8,000 seniors were living in poverty after having their benefits
garnished to recover a student debt. In 2015, over 67,000 seniors were
subject to garnishment for a student debt and living in poverty.
Congress should restore sanity to the system, and reestablish the
protections that these beneficiaries deserve.
That is why I, along with Senators Brown, Merkley, Feinstein, Hirono,
Schatz, Leahy, Nelson, Whitehouse, Gillibrand, Sanders, and Warren are
reintroducing the Protection of Social Security Benefits Restoration
Act. The bill would restore the strong protections in the law that
prevented the government from taking away earned benefits to pay
federal debts, and guarantee beneficiaries will be able to maintain a
basic standard of living by receiving the benefits they have earned.
The bill is supported by Social Security Works, the Arc of the United
States, Latinos for a Secure Retirement, Puget Sound Advocates for
Retirement Action, PSARA, AFL-CIO, the Economic Opportunity Institute,
the National Organization for Women, Justice in Aging, Gray Panthers
NYC, Alliance for Retired Americans, the National Committee to Preserve
Social Security and Medicare, Global Policy Solutions, AARP, the
American Federation of Government Employees, and the International
Union, United Automobile, Aerospace & Agricultural Implement Workers of
America, UAW.
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. 959
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 ``Protection of Social
Security Benefits Restoration Act''.
SEC. 2. PROTECTING SOCIAL SECURITY, RAILROAD RETIREMENT, AND
BLACK LUNG BENEFITS FROM ADMINISTRATIVE OFFSET.
(a) Prohibition on Administrative Offset Authority.--
(1) Assignment under social security act.--Section 207 of
the Social Security Act
[[Page S2619]]
(42 U.S.C. 407) is amended by adding at the end the following
new subsection:
``(d) Subparagraphs (A), (C), and (D) of section 3716(c)(3)
of title 31, United States Code, as such subparagraphs were
in effect on the date before the date of enactment of the
Protection of Social Security Benefits Restoration Act, shall
be null and void and of no effect.''.
(2) Conforming amendments.--
(A) Section 14(a) of the Railroad Retirement Act of 1974
(45 U.S.C. 231m(a)) is amended by adding at the end the
following: ``. The provisions of section 207(d) of the Social
Security Act shall apply with respect to this title to the
same extent as they apply in the case of title II of such
Act.''.
(B) Section 2(e) of the Railroad Unemployment Insurance Act
(45 U.S.C. 352(e)) is amended by adding at the end the
following: ``The provisions of section 207(d) of the Social
Security Act shall apply with respect to this title to the
same extent as they apply in the case of title II of such
Act.''
(b) Repeal of Administrative Offset Authority.--
(1) In general.--Paragraph (3) of section 3716(c) of title
31, United States Code, is amended--
(A) by striking ``(3)(A)(i) Notwithstanding'' and all that
follows through ``any overpayment under such program).'';
(B) by striking subparagraphs (C) and (D); and
(C) by redesignating subparagraph (B) as paragraph (3).
(2) Conforming amendment.--Paragraph (5) of such section is
amended by striking ``the Commissioner of Social Security
and''.
(c) Effective Date.--The amendments made by this section
shall apply to any collection by administrative offset
occurring on or after the date of enactment of this Act of a
claim arising before, on, or after the date of enactment of
this Act.
______
By Mr. LEAHY (for himself, Mr. Grassley, Ms. Klobuchar, Mr. Lee,
Mrs. Feinstein, Mrs. McCaskill, Ms. Collins, Mr. McCain, Mr.
Blumenthal, Mr. Whitehouse, Mr. Cotton, and Mr. Durbin):
S. 974. A bill to promote competition in the market for drugs and
biological products by facilitating the timely entry of lower-cost
generic and biosimilar versions of those drugs and biological products;
to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, over the past few years, the national
headlines have been dominated by stories about the high cost of
pharmaceuticals. We have seen jaw-dropping examples, such as the
unconscionable price increase overnight by Turing Pharmaceuticals of
their drug for patients with HIV, from $13.50 to $750 per pill.
Pharmaceutical companies should be compensated for their important
work developing lifesaving treatments. But when companies engage in
predatory practices at the expense of consumers, we must act. That is
why today I am reintroducing the Creating and Restoring Equal Access to
Equivalent Samples, or CREATES, Act, bipartisan legislation to end
inappropriate delay tactics that are used by some brand-name drug
manufacturers to block competition from more affordable generic drugs.
I am glad to be joined by Senators Grassley, Klobuchar, Lee, and
Feinstein, and several other Senators of both parties in introducing
this bill today.
The first delay tactic addressed by the CREATES Act involves the
withholding of drug samples that generic manufacturers need to gain
regulatory approval. Federal law requires generic competitors to prove
that their low-cost alternative is as equally safe and effective as the
brand-name drug with which they wish to compete. Unfortunately, some
brand-name companies are preventing generic manufacturers from
obtaining the samples they need to make the necessary comparison. This
simple delay tactic uses regulatory safeguards as a weapon to block
competition. The FDA has reported receiving more than 100 inquiries
from generic product developers who were unable to access samples of a
brand-name drug to compare their generic product.
The second delay tactic addressed by the CREATES Act involves the
development of shared safety protocols. For some high-risk drugs,
Federal law requires a generic drug manufacturer to join the brand-name
drug manufacturer in a single, shared safety protocol for distribution
of the drug. Despite this requirement, some brand-name companies are
refusing to negotiate shared safety protocols with potential generic
competitors, again undermining those competitors' ability to gain FDA
approval for their generic versions of such drugs.
The revised version of the CREATES Act also allows the FDA more
discretion to approve alternative safety protocols, rather than require
parties to develop shared safety protocols. Any safety protocol
approved by the FDA must meet the rigorous statutory standards already
in place.
These exclusionary practices thwart competition and deny consumers
the benefit of lower drug prices. I share the concerns of Vermonters
and Americans across the country that many prescription drugs are
simply too expensive. When brand companies can artificially raise the
price of drugs by using predatory practices, patients suffer. Illnesses
get worse. Families, government programs, and other payers in the
healthcare system ultimately bear those added, unnecessary costs.
This legislation is not a silver bullet to address all of the complex
problems driving the high costs of medications. In addition to the
delayed entry of generic drugs, I am troubled by the rising cost of
treatments for opioid overdoses, which remain expensive for local law
enforcement agencies, even though there are generic competitors. In
Vermont, many patients are grappling with the extremely high cost of a
new drug for hepatitis C that will likely have years of market
exclusivity before generic alternatives can be made. Last year we
learned the price of EpiPen had increased by almost 500 percent since
2009, now costing roughly $600 for a two-pack. The sharp increase in
price combined with the relatively short shelf life of the product--1
year to 18 months--has put this lifesaving drug out of reach for many.
Think for a moment about the impact of price hikes on the family of a
patient facing a life-threatening illness. Across the country,
hardworking Americans feel like the system is rigged against them by
corporations that are looking to make a profit at any price. With
examples like Turing and Mylan, it is no wonder they feel that way.
The CREATES Act is one piece of the puzzle, addressing
anticompetitive behavior that delays the creation of affordable generic
drugs. Drug affordability is a bipartisan issue that affects each and
every American. These reforms will make a difference. I hope other
Senators will join us in supporting these bipartisan reforms.
______
By Mr. DAINES (for himself, Ms. Heitkamp, Mr. Barrasso, and Mr.
Tester):
S. 975. A bill to amend the Internal Revenue Code of 1986 to
permanently extend the Indian coal production tax credit; to the
Committee on Finance.
Mr. DAINES. Mr. President, I ask unanimous consent that the text of
the legislation to amend the Internal Revenue Code of 1986 to
permanently extend the Indian coal production tax credit 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. 975
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PERMANENT EXTENSION OF INDIAN COAL PRODUCTION TAX
CREDIT.
(a) In General.--Section 45(e)(10)(A) of the Internal
Revenue Code of 1986 is amended by striking ``per ton of
Indian coal--'' and all that follows and inserting the
following: ``per ton of Indian coal--
``(i) produced by the taxpayer at an Indian coal production
facility, and
``(ii) sold (either directly by the taxpayer or after sale
or transfer to one or more related persons) to an unrelated
person.''.
(b) Effective Date.--The amendment made by this section
shall apply to coal produced and sold after January 1, 2017.
______
By Mr. CARDIN (for himself and Mr. Heller):
S. 977. A bill to permit occupational therapists to conduct the
initial assessment visit and complete the comprehensive assessment
under a Medicare home health plan of care for certain rehabilitation
cases; to the Committee on Finance.
Mr. CARDIN. Mr. President, I wish to introduce the Medicare Home
Health Flexibility Act of 2017. I am pleased that my colleague, the
senior Senator from Nevada, Mr. Heller, has agreed to cosponsor this
bipartisan, no-cost legislation that would allow occupational
therapists to perform the initial home health assessment visit and
comprehensive assessments in cases in
[[Page S2620]]
which occupational therapy is ordered by the physician, along with
speech language pathology and/or physical therapy services, and skilled
nursing care is not required. Our bill will help ensure that Medicare
beneficiaries receive timely access to essential home health therapy
care.
Occupational therapists have long been recognized as a valuable
component of our Nation's healthcare workforce and a critical aspect of
home healthcare because of their focus on patients' functional
capabilities and their expertise in home safety. Physicians frequently
order occupational therapy as part of an initial plan of care for
patients requiring home health care, alongside the qualifying services
of physical therapy, speech-language pathology, and skilled nursing.
Under certain circumstances, an occupational therapist is allowed to
perform the comprehensive assessment to determine a Medicare
beneficiary's continuing need for home healthcare. However, under
current Medicare law, occupational therapists are not permitted to
conduct the initial assessment for home health cases, even when
occupational therapy is included in the physician's order and when the
case is exclusively related to rehabilitation therapy. Additionally,
occupational therapists are not allowed to complete the comprehensive
assessment unless occupational therapy is the qualifying service.
By permitting occupational therapists to perform initial home health
assessment visits and comprehensive assessments in limited
circumstances, the Medicare Home Health Flexibility Act can help
prevent delays in the time it takes for Medicare beneficiaries to
receive essential home healthcare, especially in underserved areas
where access to physical therapists and speech language pathologists
may be limited. On January 13, 2017, the Centers for Medicare &
Medicaid Services, or CMS, released the final conditions of
participation, or COPs, for home health agencies participating in
Medicare and Medicaid. These new COPs expand the content of the home
health comprehensive assessment to include the patient's functional,
psychosocial, and cognitive status, all of which are areas of expertise
for occupational therapists. The new COPs also require the creation of
a patient-centered plan of care that is informed by the comprehensive
assessment. As a result of their comprehensive education and unique
training, occupational therapists are qualified to perform the
necessary assessments to adhere to these new CMS home health
guidelines.
It is important to note that the Medicare Home Health Flexibility Act
would apply only to rehabilitation therapy cases in which skilled
nursing care is not required. Nurses would still be required to conduct
the initial assessment for all home health cases in which skilled
nursing care is ordered by the physician. Also, although the
legislation would allow occupational therapists to conduct the initial
home health assessment visit and comprehensive assessments, it would
not alter the existing criteria for establishing eligibility for the
Medicare home health benefit.
I urge my colleagues to join me and Senator Heller and to support the
Medicare Home Health Flexibility Act to correct the discrepancy in
Medicare regulations between therapy providers and to help ensure
timely access to essential, high-quality home health therapy care for
Medicare beneficiaries.
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. 977
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 ``Medicare Home Health
Flexibility Act of 2017''.
SEC. 2. PERMITTING OCCUPATIONAL THERAPISTS TO CONDUCT THE
INITIAL ASSESSMENT VISIT AND COMPLETE THE
COMPREHENSIVE ASSESSMENT UNDER A MEDICARE HOME
HEALTH PLAN OF CARE FOR CERTAIN REHABILITATION
CASES.
(a) In General.--Notwithstanding section 484.55(a)(2) or
484.55(b)(3) of title 42, Code of Federal Regulations, or any
other provision of law, an occupational therapist may be
designated to conduct the initial assessment visit and to
complete the comprehensive assessment for an individual who
is eligible for home health services under title XVIII of the
Social Security Act if the referral order by the physician--
(1) does not include skilled nursing care;
(2) includes occupation therapy; and
(3) includes physical therapy or speech language pathology.
(b) Rule of Construction.--Nothing in subsection (a) shall
be construed to provide for initial eligibility for coverage
of home health services under title XVIII of the Social
Security Act solely on the basis of a need for occupational
therapy.
______
By Mr. DURBIN (for himself and Ms. Duckworth):
S. 983. A bill to amend the Internal Revenue Code of 1986 to modify
the work opportunity credit for certain youth employees, and to extend
empowerment zones; 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. 983
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 ``Helping to Encourage Real
Opportunities (HERO) for At-Risk Youth Act''.
SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT
FOR CERTAIN YOUTH EMPLOYEES.
(a) Expansion of Credit for Summer Youth.--
(1) Credit allowed for year-round employment.--Section
51(d)(7)(A) of the Internal Revenue Code of 1986 is amended--
(A) by striking clauses (i) and (iii) and redesignating
clauses (ii) and (iv) as clauses (i) and (ii), respectively,
(B) in clause (i) (as so redesignated), by striking ``(or
if later, on May 1 of the calendar year involved),'' and
inserting ``, and'', and
(C) by adding at the end the following new clause:
``(iii) who will be employed for not more than 20 hours per
week during any period between September 16 and April 30 in
which such individual is regularly attending any secondary
school.''.
(2) Increase in credit amount.--Section 51(d)(7) of the
Internal Revenue Code of 1986 is amended by striking
subparagraph (B) and by redesignating subparagraph (C) as
subparagraph (B).
(3) Conforming amendments.--
(A) Subparagraph (F) of section 51(d)(1) of the Internal
Revenue Code of 1986 is amended by striking ``summer''.
(B) Paragraph (7) of section 51(d) of such Code is
amended--
(i) by striking ``summer'' each place it appears in
subparagraphs (A),
(ii) in subparagraph (B), as redesignated by paragraph (2),
by striking ``subparagraph (A)(iv)'' and inserting
``subparagraph (A)(ii)'', and
(iii) by striking ``summer'' in the heading thereof.
(b) Credit for At-risk Youth.--
(1) In general.--Paragraph (1) of section 51(d) of the
Internal Revenue Code of 1986 is amended by striking ``or''
at the end of subparagraph (I), by striking the period at the
end of subparagraph (J) and inserting ``, or'' , and by
adding at the end the following new subparagraph:
``(K) an at-risk youth.''.
(2) At-risk youth.--Paragraph (14) of section 51(d) of such
Code is amended to read as follows:
``(14) At-risk youth.--The term `at-risk youth' means any
individual who is certified by the designated local agency--
``(A) as--
``(i) having attained age 16 but not age 25 on the hiring
date,
``(ii) as not regularly attending any secondary, technical,
or post-secondary school during the 6-month period preceding
the hiring date,
``(iii) as not regularly employed during such 6-month
period, and
``(iv) as not readily employable by reason of lacking a
sufficient number of basic skills, or
``(B) as--
``(i) having attained age 16 but not age 21 on the hiring
date, and
``(ii) an eligible foster child (as defined in section
152(f)(1)(C)) who was in foster care during the 12-month
period ending on the hiring date.''.
(c) Effective Date.--The amendments made by this section
shall apply to individuals who begin work for the employer
after the date of the enactment of this Act.
SEC. 3. EXTENSION OF EMPOWERMENT ZONES.
(a) In General.--Section 1391(d)(1)(A)(i) of the Internal
Revenue Code of 1986 is amended by striking ``December 31,
2016'' and inserting ``December 31, 2019''.
(b) Treatment of Certain Termination Dates Specified in
Nominations.--In the case of a designation of an empowerment
zone the nomination for which included a termination date
which is contemporaneous with the date specified in
subparagraph (A)(i) of section 1391(d)(1) of the Internal
Revenue Code of 1986 (as in effect before the
[[Page S2621]]
enactment of this Act), subparagraph (B) of such section
shall not apply with respect to such designation if, after
the date of the enactment of this section, the entity which
made such nomination amends the nomination to provide for a
new termination date in such manner as the Secretary of the
Treasury (or the Secretary's designee) may provide.
______
By Mr. DURBIN (for himself and Ms. Duckworth):
S. 984. A bill to amend the Workforce Innovation and Opportunity Act
to provide funding, on a competitive basis, for summer and year-round
employment opportunities for youth ages 14 through 24; to the Committee
on Health, Education, Labor, and Pensions.
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. 984
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 ``Creating Pathways for Youth
Employment Act''.
SEC. 2. YOUTH EMPLOYMENT OPPORTUNITIES.
Title I of the Workforce Innovation and Opportunity Act is
amended--
(1) by redesignating subtitle E as subtitle F; and
(2) by inserting after subtitle D the following:
``Subtitle E--Youth Employment Opportunities
``SEC. 176. DEFINITIONS.
``In this subtitle:
``(1) Eligible youth.--The term `eligible youth' means an
individual who--
``(A) is not younger than age 14 or older than age 24; and
``(B) is--
``(i) an in-school youth;
``(ii) an out-of-school youth; or
``(iii) an unemployed individual.
``(2) Hardest-to-employ, most-at-risk.--The term `hardest-
to-employ, most-at-risk', used with respect to an individual,
includes individuals who are homeless, in foster care,
involved in the juvenile or criminal justice system, or are
not enrolled in or at risk of dropping out of an educational
institution and who live in an underserved community that has
faced trauma through acute or long-term exposure to
substantial discrimination, historical or cultural
oppression, intergenerational poverty, civil unrest, a high
rate of violence, or a high rate of drug overdose mortality.
``(3) Indian tribe; tribal organization.--The terms `Indian
tribe' and `tribal organization' have the meanings given the
terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(4) In-school youth; out-of-school youth.--The terms `in-
school youth' and `out-of-school youth' have the meanings
given the terms in section 129(a)(1).
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(6) Subsidized employment.--The term `subsidized
employment' means employment for which the employer receives
a total or partial subsidy to offset costs of employing an
eligible youth under this subtitle.
``(7) Tribal area.--The term `tribal area' means--
``(A) an area on or adjacent to an Indian reservation;
``(B) land held in trust by the United States for Indians;
``(C) a public domain Indian allotment;
``(D) a former Indian reservation in Oklahoma; and
``(E) land held by an incorporated Native group, Regional
Corporation, or Village Corporation under the provisions of
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).
``(8) Tribal college or university.--The term `tribal
college or university' has the meaning given the term `Tribal
College or University' in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)).
``(9) Tribally designated housing entity.--The term
`tribally designated housing entity', used with respect to an
Indian tribe (as defined in this section), has the meaning
given in section 4 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4103).
``SEC. 176A. ALLOCATION OF FUNDS.
``(a) Allocation.--Of the funds appropriated under section
176E that remain available after any reservation under
subsection (b), the Secretary may make available--
``(1) not more than $1,500,000,000 in accordance with
section 176B to provide eligible youth with subsidized summer
employment opportunities; and
``(2) not more than $2,000,000,000 in accordance with
section 176C to provide eligible youth with subsidized year-
round employment opportunities.
``(b) Reservation.--The Secretary may reserve not more than
10 percent of the funds appropriated under section 176E to
provide technical assistance and oversight, in order to
assist eligible entities in applying for and administering
grants awarded under this subtitle.
``SEC. 176B. SUMMER EMPLOYMENT COMPETITIVE GRANT PROGRAM.
``(a) In General.--
``(1) Grants.--Using the amounts made available under
176A(a)(1), the Secretary shall award, on a competitive
basis, planning and implementation grants.
``(2) General use of funds.--The Secretary shall award the
grants to assist eligible entities by paying for the program
share of the cost of--
``(A) in the case of a planning grant, planning a summer
youth employment program to provide subsidized summer
employment opportunities; and
``(B) in the case of an implementation grant,
implementation of such a program, to provide such
opportunities.
``(b) Periods and Amounts of Grants.--
``(1) Planning grants.--The Secretary may award a planning
grant under this section for a 1-year period, in an amount of
not more than $200,000.
``(2) Implementation grants.--The Secretary may award an
implementation grant under this section for a 3-year period,
in an amount of not more than $5,000,000.
``(c) Eligible Entities.--
``(1) In general.--To be eligible to receive a planning or
implementation grant under this section, an entity shall--
``(A) be a--
``(i) State, local government, or Indian tribe or tribal
organization, that meets the requirements of paragraph (2);
or
``(ii) community-based organization that meets the
requirements of paragraph (3); and
``(B) meet the requirements for a planning or
implementation grant, respectively, specified in paragraph
(4).
``(2) Government partnerships.--An entity that is a State,
local government, or Indian tribe or tribal organization
referred to in paragraph (1) shall demonstrate that the
entity has entered into a partnership with State, local, or
tribal entities--
``(A) that shall include--
``(i) a local educational agency or tribal educational
agency (as defined in section 6132 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7452));
``(ii) a local board or tribal workforce development
agency;
``(iii) a State, local, or tribal agency serving youth
under the jurisdiction of the juvenile justice system or
criminal justice system;
``(iv) a State, local, or tribal child welfare agency;
``(v) a State, local, or tribal agency or community-based
organization, with--
``(I) expertise in providing counseling services, and
trauma-informed and gender-responsive trauma prevention,
identification, referral, and support (including treatment)
services; and
``(II) a proven track record of serving low-income
vulnerable youth and out-of-school youth; and
``(vi) if the State, local government, or Indian tribe or
tribal organization is seeking an implementation grant, and
has not established a summer youth employment program, an
entity that is carrying out a State, local, or tribal summer
youth employment program; and
``(vii) an employer or employer association; and
``(B) that may include--
``(i) an institution of higher education or tribal college
or university;
``(ii) a representative of a labor or labor-management
organization;
``(iii) an entity that carries out a program that receives
funding under the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601 et seq.) or section 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532);
``(iv) a collaborative applicant as defined in section 401
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360) or a private nonprofit organization that serves
homeless individuals and households (including such an
applicant or organization that serves individuals or
households that are at risk of homelessness in tribal areas)
or serves foster youth;
``(v) an entity that carries out a program funded under the
Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.), including Native American programs
funded under section 116 of that Act (20 U.S.C. 2326) and
tribally controlled postsecondary career and technical
institution programs funded under section 117 of that Act (20
U.S.C. 2327);
``(vi) a local or tribal youth committee;
``(vii) a State or local public housing agency or a
tribally designated housing entity; and
``(viii) another appropriate State, local, or tribal
agency.
``(3) Community-based organization partnerships.--A
community-based organization referred to in paragraph (1)
shall demonstrate that the organization has entered into a
partnership with State, local, or tribal entities--
``(A) that shall include--
``(i) a unit of general local government or tribal
government;
``(ii) an agency described in paragraph (2)(A)(i);
``(iii) a local board or tribal workforce development
agency;
[[Page S2622]]
``(iv) a State, local, or tribal agency serving youth under
the jurisdiction of the juvenile justice system or criminal
justice system;
``(v) a State, local, or tribal child welfare agency;
``(vi) if the organization is seeking an implementation
grant, and has not established a summer youth employment
program, an entity that is carrying out a State, local, or
tribal summer youth employment program; and
``(vii) an employer or employer association; and
``(B) that may include 1 or more entities described in
paragraph (2)(B).
``(4) Entities eligible for particular grants.--
``(A) Entities eligible for planning grants.--The Secretary
may award a planning grant under this section to an eligible
entity that--
``(i) is preparing to establish or expand a summer youth
employment program that meets the minimum requirements
specified in subsection (d); and
``(ii) has not received a grant under this section.
``(B) Entities eligible for implementation grants.--
``(i) In general.--The Secretary may award an
implementation grant under this section to an eligible entity
that--
``(I) has received a planning grant under this section; or
``(II) has established a summer youth employment program
and demonstrates a minimum level of capacity to enhance or
expand the summer youth employment program described in the
application submitted under subsection (d).
``(ii) Capacity.--In determining whether an entity has the
level of capacity referred to in clause (i)(II), the
Secretary may include as capacity--
``(I) the entity's staff capacity and staff training to
deliver youth employment services; and
``(II) the entity's existing youth employment services (as
of the date of submission of the application submitted under
subsection (d)) that are consistent with the application.
``(d) Application.--
``(1) In general.--Except as provided in paragraph (2), an
eligible entity desiring to receive a grant under this
section for a summer youth employment program shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
including, at a minimum, each of the following:
``(A) With respect to an application for a planning or
implementation grant--
``(i) a description of the eligible youth for whom summer
employment services will be provided;
``(ii) a description of the eligible entity, and a
description of the expected participation and
responsibilities of each of the partners in the partnership
described in subsection (c);
``(iii) information demonstrating sufficient need for the
grant in the State, local, or tribal population, which may
include information showing--
``(I) a high level of unemployment among youth (including
young adults) ages 14 through 24;
``(II) a high rate of out-of-school youth;
``(III) a high rate of homelessness;
``(IV) a high rate of poverty;
``(V) a high rate of adult unemployment;
``(VI) a high rate of community or neighborhood crime;
``(VII) a high rate of violence; or
``(VIII) a high level or rate on another indicator of need;
``(iv) a description of the strategic objectives the
eligible entity seeks to achieve through the program to
provide eligible youth with core work readiness skills, which
may include--
``(I) financial literacy skills, including providing the
support described in section 129(b)(2)(D);
``(II) sector-based technical skills aligned with employer
needs;
``(III) skills that--
``(aa) are soft employment skills, early work skills, or
work readiness skills; and
``(bb) include social skills, communications skills,
higher-order thinking skills, self-control, and positive
self-concept; and
``(IV) (for the hardest-to-employ, most-at-risk eligible
youth) basic skills like communication, math, and problem
solving in the context of training for advancement to better
jobs and postsecondary training; and
``(v) information demonstrating that the eligible entity
has obtained commitments to provide the non-program share
described in paragraph (2) of subsection (h).
``(B) With respect to an application for a planning grant--
``(i) a description of the intermediate and long-term goals
for planning activities for the duration of the planning
grant;
``(ii) a description of how grant funds will be used to
develop a plan to provide summer employment services for
eligible youth;
``(iii) a description of how the eligible entity will carry
out an analysis of best practices for identifying,
recruiting, and engaging program participants, in particular
the hardest-to-employ, most-at-risk eligible youth;
``(iv) a description of how the eligible entity will carry
out an analysis of best practices for placing youth
participants--
``(I) in opportunities that--
``(aa) are appropriate subsidized employment opportunities
with employers based on factors including age, skill,
experience, career aspirations, work-based readiness, and
barriers to employment; and
``(bb) may include additional services for participants,
including core work readiness skill development and
mentorship services;
``(II) in summer employment that--
``(aa) is not less than 6 weeks;
``(bb) follows a schedule of not more than 20 hours per
week; and
``(cc) pays not less than the applicable Federal, State, or
local minimum wage; and
``(v) a description of how the eligible entity plans to
develop a mentorship program or connect youth with positive,
supportive mentorships, consistent with paragraph (3).
``(C) With respect to an application for an implementation
grant--
``(i) a description of how the eligible entity plans to
identify, recruit, and engage program participants, in
particular the hardest-to-employ, most-at-risk eligible
youth;
``(ii) a description of the manner in which the eligible
entity plans to place eligible youth participants in
subsidized employment opportunities, and in summer
employment, described in subparagraph (B)(iv);
``(iii) (for a program serving the hardest-to-employ, most-
at-risk eligible youth), a description of workplaces for the
subsidized employment involved, which may include workplaces
in the public, private, and nonprofit sectors;
``(iv) a description of how the eligible entity plans to
provide or connect eligible youth participants with positive,
supportive mentorships, consistent with paragraph (3);
``(v) a description of services that will be available to
employers participating in the youth employment program, to
provide supervisors involved in the program with coaching and
mentoring on--
``(I) how to support youth development;
``(II) how to structure learning and reflection; and
``(III) how to deal with youth challenges in the workplace;
``(vi) a description of how the eligible entity plans to
offer structured pathways back into employment and a youth
employment program under this section for eligible youth who
have been terminated from employment or removed from the
program;
``(vii) a description of how the eligible entity plans to
engage eligible youth beyond the duration of the summer
employment opportunity, which may include--
``(I) developing or partnering with a year-round youth
employment program;
``(II) referring eligible youth to other year-round
programs, which may include--
``(aa) programs funded under section 176C or the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.);
``(bb) after school programs;
``(cc) secondary or postsecondary education programs;
``(dd) training programs;
``(ee) cognitive behavior therapy programs;
``(ff) apprenticeship programs; and
``(gg) national service programs;
``(III) employing a full-time, permanent staff person who
is responsible for youth outreach, followup, and recruitment;
or
``(IV) connecting eligible youth with job development
services, including career counseling, resume and job
application assistance, interview preparation, and
connections to job leads;
``(viii) evidence of the eligible entity's capacity to
provide the services described in this subsection; and
``(ix) a description of the quality of the summer youth
employment program, including a program that leads to a
recognized postsecondary credential.
``(2) Indian tribe; tribal organizations.--An eligible
entity that is an Indian tribe or tribal organization and
desires to receive a grant under this section for a summer
youth employment program may, in lieu of submitting the
application described in paragraph (1), submit an application
to the Secretary that meets such requirements as the
Secretary develops after consultation with the tribe or
organization.
``(3) Mentor.--For purposes of subparagraphs (B)(iv),
(B)(v), and (C)(iv) of paragraph (1), a mentor--
``(A) shall be an individual who has been matched with an
eligible youth based on the youth's needs;
``(B) shall make contact with the eligible youth at least
once each week;
``(C) shall be a trusted member of the local community; and
``(D) may include--
``(i) a mentor trained in trauma-informed care (including
provision of trauma-informed trauma prevention,
identification, referral, or support services to youth that
have experienced or are at risk of experiencing trauma),
conflict resolution, and positive youth development;
``(ii) a job coach trained to provide youth with guidance
on how to navigate the workplace and troubleshoot problems;
``(iii) a supervisor trained to provide at least two
performance assessments and serve as a reference; or
``(iv) a peer mentor who is a former or current participant
in the youth employment program involved.
``(e) Awards for Populations and Areas.--
``(1) Populations.--The Secretary shall reserve, from the
amounts made available under section 176A(a)(1)--
[[Page S2623]]
``(A) 50 percent to award grants under this section for
planning or provision of subsidized summer employment
opportunities for in-school youth; and
``(B) 50 percent to award such grants to plan for planning
or provision of such opportunities for out-of-school youth.
``(2) Areas.--
``(A) In general.--In awarding the grants, the Secretary
shall consider the regional diversity of the areas to be
served, to ensure that urban, suburban, rural, and tribal
areas are receiving grant funds.
``(B) Rural and tribal area inclusion.--
``(i) Rural areas.--Not less than 20 percent of the amounts
made available under section 176A(a)(1) for each fiscal year
shall be made available for activities to be carried out in
rural areas.
``(ii) Tribal areas.--Not less than 5 percent of the
amounts made available under section 176A(a)(1) for each
fiscal year shall be made available for activities to be
carried out in tribal areas.
``(f) Program Priorities.--In allocating funds under this
section, the Secretary shall give priority to eligible
entities--
``(1) who propose to coordinate their activities--
``(A) with local or tribal employers; and
``(B) with agencies described in subsection (c)(2)(A)(i) to
ensure the summer youth employment programs provide clear
linkages to remedial, academic, and occupational programs
carried out by the agencies;
``(2) who propose a plan to increase private sector
engagement in, and job placement through, summer youth
employment; and
``(3) who have, in their counties, States, or tribal areas
(as compared to other counties in their State, other States,
or other tribal areas, respectively), a high level or rate
described in subsection (d)(1)(A)(iii).
``(g) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under this section may use the grant funds for services
described in subsection (d).
``(2) Discretionary uses.--The eligible entity may also use
the funds--
``(A) to provide wages to eligible youth in subsidized
summer employment programs;
``(B) to provide eligible youth with support services,
including case management, child care assistance, child
support services, and transportation assistance; and
``(C) to develop data management systems to assist with
programming, evaluation, and records management.
``(3) Administration.--An eligible entity may reserve not
more than 10 percent of the grant funds for the
administration of activities under this section.
``(4) Carry-over authority.--Any amounts provided to an
eligible entity under this section for a fiscal year may, at
the discretion of the Secretary, remain available to that
entity for expenditure during the succeeding fiscal year to
carry out programs under this section.
``(h) Program Share.--
``(1) Planning grants.--The program share for a planning
grant awarded under this section shall be 100 percent of the
cost described in subsection (a)(2)(A).
``(2) Implementation grants.--
``(A) In general.--The program share for an implementation
grant awarded under this section shall be 50 percent of the
cost described in subsection (a)(2)(B).
``(B) Exception.--Notwithstanding subparagraph (A), the
Secretary--
``(i) may increase the program share for an eligible
entity; and
``(ii) shall increase the program share for an Indian tribe
or tribal organization to not less than 95 percent of the
cost described in subsection (a)(2)(B).
``(C) Non-program share.--The eligible entity may provide
the non-program share of the cost--
``(i) in cash or in kind, fairly evaluated, including
plant, equipment, or services; and
``(ii) from State, local, tribal or private (including
philanthropic) sources and, in the case of an Indian tribe or
tribal organization, from Federal sources.
``SEC. 176C. YEAR-ROUND EMPLOYMENT COMPETITIVE GRANT PROGRAM.
``(a) In General.--
``(1) Grants.--Using the amounts made available under
176A(a)(2), the Secretary shall award, on a competitive
basis, planning and implementation grants.
``(2) General use of funds.--The Secretary shall award the
grants to assist eligible entities by paying for the program
share of the cost of--
``(A) in the case of a planning grant, planning a year-
round youth employment program to provide subsidized year-
round employment opportunities; and
``(B) in the case of an implementation grant,
implementation of such a program to provide such
opportunities.
``(b) Periods and Amounts of Grants.--The planning grants
shall have the periods and amounts described in section
176B(b)(1). The implementation grants shall have the periods
and grants described in section 176B(b)(2).
``(c) Eligible Entities.--
``(1) In general.--To be eligible to receive a planning or
implementation grant under this section, an entity shall,
except as provided in paragraph (2)--
``(A) be a--
``(i) State, local government, or Indian tribe or tribal
organization, that meets the requirements of section
176B(c)(2); or
``(ii) community-based organization that meets the
requirements of section 176B(c)(3); and
``(B) meet the requirements for a planning or
implementation grant, respectively, specified in section
176B(c)(4).
``(2) Year-round youth employment programs.--For purposes
of paragraph (1), any reference in section 176B(c)--
``(A) to a summer youth employment program shall be
considered to refer to a year-round youth employment program;
and
``(B) to a provision of section 176B shall be considered to
refer to the corresponding provision of this section.
``(d) Application.--
``(1) In general.--Except as provided in paragraph (2), an
eligible entity desiring to receive a grant under this
section for a year-round youth employment program shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require, including, at a minimum, each of the following:
``(A) With respect to an application for a planning or
implementation grant, the information and descriptions
specified in section 176B(d)(1)(A).
``(B) With respect to an application for a planning grant,
the descriptions specified in section 176B(d)(1)(B), except
that the description of an analysis for placing youth in
employment described in clause (iv)(II)(bb) of that section
shall cover employment that follows a schedule--
``(i) that consists of--
``(I) not more than 15 hours per week for in-school youth;
and
``(II) not less than 20 and not more than 40 hours per week
for out-of-school youth; and
``(ii) that depends on the needs and work-readiness level
of the population being served.
``(C) With respect to an application for an implementation
grant, the descriptions and evidence specified in section
176B(d)(1)(C)--
``(i) except that the reference in section 176(d)(1)(C)(ii)
to employment described in section 176B(d)(1)(B) shall cover
employment that follows the schedule described in
subparagraph (B); and
``(ii) except that the reference to programs in clause
(vii)(II)(aa) of that section shall be considered to refer
only to programs funded under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
``(2) Indian tribe; tribal organizations.--An eligible
entity that is an Indian tribe or tribal organization and
desires to receive a grant under this section for a year-
round youth employment program may, in lieu of submitting the
application described in paragraph (1), submit an application
to the Secretary that meets such requirements as the
Secretary develops after consultation with the tribe or
organization.
``(3) Mentor.--For purposes of paragraph (1), any reference
in subparagraphs (B)(iv), (B)(v), and (C)(iv) of section
176B(d)(1) to a mentor shall be considered to refer to a
mentor who--
``(A) shall be an individual described in subparagraphs (A)
and (C) of section 176B(d)(3);
``(B) shall make contact with the eligible youth at least
twice each week; and
``(C) may be an individual described in section
176B(d)(3)(D).
``(4) Year-round employment.--For purposes of this
subsection, any reference in section 176B(d)--
``(A) to summer employment shall be considered to refer to
year-round employment; and
``(B) to a provision of section 176B shall be considered to
refer to the corresponding provision of this section.
``(e) Awards for Populations and Areas; Priorities.--
``(1) Populations.--The Secretary shall reserve, from the
amounts made available under section 176A(a)(2)--
``(A) 50 percent to award grants under this section for
planning or provision of subsidized year-round employment
opportunities for in-school youth; and
``(B) 50 percent to award such grants to plan for planning
or provision of such opportunities for out-of-school youth.
``(2) Areas; priorities.--In awarding the grants, the
Secretary shall--
``(A) carry out section 176B(e)(2); and
``(B) give priority to eligible entities--
``(i) who--
``(I) propose the coordination and plan described
paragraphs (1) and (2) of section 176B(f), with respect to
year-round youth employment; and
``(II) meet the requirements of section 176B(f)(3); or
``(ii) who--
``(I) propose a plan to coordinate activities with entities
carrying out State, local, or tribal summer youth employment
programs, to provide pathways to year-round employment for
eligible youth who are ending summer employment; and
``(II) meet the requirements of section 176B(f)(3).
``(f) Use of Funds.--An eligible entity that receives a
grant under this section may use the grant funds--
``(1) for services described in subsection (d);
``(2) as described in section 176B(g)(2), with respect to
year-round employment programs;
``(3) as described in section 176B(g)(3), with respect to
activities under this section; and
``(4) at the discretion of the Secretary, as described in
section 176B(g)(4), with respect to activities under this
section.
[[Page S2624]]
``(g) Program Share.--
``(1) Planning grants.--The provisions of section
176B(h)(1) shall apply to planning grants awarded under this
section, with respect to the cost described in subsection
(a)(2)(A).
``(2) Implementation grants.--The provisions of section
176B(h)(2) shall apply to implementation grants awarded under
this section, with respect to the cost described in
subsection (a)(2)(B).
``SEC. 176D. EVALUATION AND ADMINISTRATION.
``(a) Performance Measures.--
``(1) Establishment.--The Secretary shall establish
performance measures for purposes of annual reviews under
subsection (b).
``(2) Components.--The performance measures for the
eligible entities shall consist of--
``(A) the indicators of performance described in paragraph
(3); and
``(B) an adjusted level of performance for each indicator
described in subparagraph (A).
``(3) Indicators of performance.--
``(A) In general.--The indicators of performance shall
consist of--
``(i) the percentage of youth employment program
participants who are in education or training activities, or
in employment, during the second quarter after exit from the
program;
``(ii) the percentage of youth employment program
participants who are in education or training activities, or
in employment, during the fourth quarter after exit from the
program;
``(iii) the percentage of youth employment program
participants who obtain a recognized postsecondary
credential, or a secondary school diploma or its recognized
equivalent (subject to subparagraph (B)), during
participation in or within 1 year after exit from the
program; and
``(iv) the percentage of youth employment program
participants who, during a program year, are in a youth
employment program that includes an education or training
program that leads to an outcome specified by the Secretary,
which may include--
``(I) obtaining a recognized postsecondary credential or
employment; or
``(II) achieving measurable skill gains toward such a
credential or employment.
``(B) Indicator relating to credential.--For purposes of
subparagraph (A)(iii), youth employment program participants
who obtain a secondary school diploma or its recognized
equivalent shall be included in the percentage counted as
meeting the criterion under such subparagraph only if such
participants, in addition to obtaining such diploma or its
recognized equivalent, have obtained or retained employment
or are in a youth employment program that includes an
education or training program leading to a recognized
postsecondary credential within 1 year after exit from the
program.
``(4) Levels of performance.--
``(A) In general.--For each eligible entity, there shall be
established, in accordance with this paragraph, levels of
performance for each of the corresponding indicators of
performance described in paragraph (3).
``(B) Identification in application.--Each eligible entity
shall identify, in the application submitted under subsection
(d) of section 176B or 176C, expected levels of performance
for each of those indicators of performance for each program
year covered by the application.
``(C) Agreement on adjusted levels of performance.--The
eligible entity shall reach agreement with the Secretary on
levels of performance for each of those indicators of
performance for each such program year. The levels agreed to
shall be considered to be the adjusted levels of performance
for the eligible entity for such program years and shall be
incorporated into the application prior to the approval of
such application.
``(b) Annual Review.--The Secretary shall carry out an
annual review of each eligible entity receiving a grant under
this subtitle. In conducting the review, the Secretary shall
review the performance of the entity on the performance
measures under this section and determine if the entity has
used any practices that shall be considered best practices
for purposes of this subtitle.
``(c) Report to Congress.--
``(1) Preparation.--The Secretary shall prepare a report on
the grant programs established by this subtitle, which report
shall include a description of--
``(A) the eligible entities receiving funding under this
subtitle;
``(B) the activities carried out by the eligible entities;
``(C) how the eligible entities were selected to receive
funding under this subtitle; and
``(D) an assessment of the results achieved by the grant
programs including findings from the annual reviews conducted
under subsection (b).
``(2) Submission.--Not later than 3 years after the date of
enactment of the Creating Pathways for Youth Employment Act,
and annually thereafter, the Secretary shall submit a report
described in paragraph (1) to the appropriate committees of
Congress.
``(d) Application to Indian Tribes and Tribal
Organizations.--The Secretary may issue regulations that
clarify the application of all the provisions of this
subtitle to Indian tribes and tribal organizations.
``SEC. 176E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) to carry out section 176B, $300,000,000 for each of
fiscal years 2018 through 2022; and
``(2) to carry out section 176C, $400,000,000 for each of
fiscal years 2018 through 2022.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) References.--
(1) Section 121(b)(1)(C)(ii)(II) of the Workforce
Investment and Opportunity Act (29 U.S.C.
3152(b)(1)(C)(ii)(II)) is amended by striking ``subtitles C
through E'' and inserting ``subtitles C through F''.
(2) Section 503(b) of such Act (29 U.S.C. 3343(b)) is
amended by inserting before the period the following: ``(as
such subtitles were in effect on the day before the date of
enactment of this Act)''.
(b) Table of Contents.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
the subtitle heading for subtitle E of title I and inserting
the following:
``Subtitle E--Youth Employment Opportunities
``Sec. 176. Definitions.
``Sec. 176A. Allocation of funds.
``Sec. 176B. Summer employment competitive grant program.
``Sec. 176C. Year-round employment competitive grant program.
``Sec. 176D. Evaluation and administration.
``Sec. 176E. Authorization of appropriations.''.
______
By Mr. MERKLEY (for himself, Mr. Sanders, Mr. Markey, and Mr.
Booker):
S. 987. A bill to transition away from fossil fuel sources of energy
to 100 percent clean and renewable energy by 2050, and for other
purposes; to the Committee on Finance.
Mr. MERKLEY. Mr. President, today I rise to address the important
urgency of addressing climate change. Across the country, we are seeing
the impacts of the warmer climate, and it is having devastating
consequences on our forests, on our farming, on our fishing, and on our
urban populations.
Years ago, people talked about what we might see if we continued to
burn fossil fuels and continued to put carbon dioxide into the air, but
no longer do we have to talk about what we might see, because it is
here. The facts are on the ground right now.
We can look at my home State of Oregon. In Oregon, we have the
challenge of forest fire seasons that are longer by several months than
they were just decades ago. We have the challenge of warmer winters,
resulting in pine beetles doing more damage to our trees. The fact that
we have lower snowpacks in the Cascade Mountains means warmer trout
streams and less water for irrigation. We have had the worst-ever
droughts in the Klamath Basin in the past 15 years. Over on the coast,
we have a big impact on oysters. Because we have burned so much in
fossil fuels to create so much carbon dioxide that has been absorbed by
the oceans and turned into carbonic acid, the oceans have acidified.
They are 30 percent more acidic than they were 150 years ago, meaning
our oysters are having trouble reaching out and pulling the molecules
out of the water to form a shell. In fact, it takes so much energy to
do so that they are dying.
That is what is happening. That is just in Oregon. We can look across
the United States and see impact after impact.
If we were in Minnesota, we could talk about the tick populations
that are killing the moose because it is not cold enough in the winter
to kill the ticks. If we are in Maine, we can talk about the fact that
the lobsters are migrating to Canada because that is where the colder
waters can be found. If we are in Florida, we can talk about sunny day
floods, because the ocean levels have risen and the ocean water--the
saltwater--is contaminating the freshwater that cities depend on. If we
are up the Atlantic coast, we can talk about Hurricane Sandy and how
its devastating power was enhanced by an ocean that is much warmer than
it was decades ago. If we are in Texas, we can talk about the spread of
mosquitoes that carry the Zika virus affecting folks. So the list goes
on and on. But it is not just in the United States of America. It is on
the entire planet.
As we are talking about oysters on the west coast of the United
States, across the globe folks are talking about coral reefs. The Great
Barrier Reef has virtually died over the last few years. Scientists say
80 percent of the Great Barrier Reef off Australia has died in the last
3 years. If we are looking at the mountainous regions of the world, you
can trace the flow of glaciers and find that across the globe glaciers
have diminished by an enormous amount. Some say that if you
[[Page S2625]]
want to see a glacier in Glacier National Park, you better get there
soon. That is just in the United States.
If we turn north to the upper reaches of Canada and the permafrost,
you can visit what are called the drunken forests, because the
permafrost is melting and the trees are starting to lean in every which
direction. If you turn to Alaska, you are finding that Native
populations are having to relocate because of changing circumstances of
a warmer Alaska.
Go to the Arctic Ocean and what you see is a massive amount of
missing ice, and, because that ice is missing, the ocean is absorbing
more energy from the sun, and it is creating a feedback loop that is
having further devastating consequences. And so the list goes on and
on.
It is not just time to address climate change boldly. It is time to
address it aggressively. It is time for 100 by 50. What that means is
100 percent clean and renewable energy to power the economy by the year
2050 and the steps to get there in between and to have 50 percent of
our energy clean and renewable by the year 2030. That is not far away.
That is just 13 years away, and for 2050, add another 20 years.
We have to act quickly because right now human civilization is
failing the test. Our responsibility is to stop burning fossil fuels
and to stop putting carbon dioxide into the atmosphere. That is why we
have to rapidly transition from an energy economy based on fossil fuels
to one based on clean and renewable energy.
Why do I say we are failing the test at the moment? We are failing
the test because if you look at the flow of carbon dioxide into the
atmosphere from human civilization, the rate of carbon dioxide
pollution has not leveled out. In fact, the speed of pollution and the
amount of pollution per year is increasing. So we have a tremendous
challenge ahead of us. We have to take and not only reduce the amount
but reduce it enormously in a short period of time.
Now some say this vision is too bold. Some say this vision is too
difficult, that it is too hard. It makes me think of President
Kennedy's call. He said decades ago:
We choose to go to the moon in this decade and do other
things, not because they are easy, but because they are hard.
Because that challenge is one that we are willing to accept,
one we are unwilling to postpone, and one which we intend to
win.
I tell you today that we must, as a Nation, be willing to accept the
challenge of transforming our energy economy. We must be unwilling to
postpone tackling this challenge of transforming our energy economy,
and this challenge is one where we must be committed to winning. It is
not just time. It is way past time.
I came to the Senate floor last September to lay out the concept of
100 by 50--100 percent clean, renewable energy by 2050. I come today to
the Senate floor to say that today a group of Senators are introducing
a bill to lay out a roadmap to get there.
Just as President Kennedy laid out the vision of putting an American
on the moon, NASA went to work and laid out a plan on how we would get
there. They didn't know at first how it would be done. They hadn't
proceeded to invent the staged rocket that would enable someone to
escape the gravity of Earth in a fashion to get us to the moon. They
didn't know how to create a lunar landing operation to put people
safely on the planet surface. They weren't even sure of the composition
of the surface of the moon, but they figured it out. They put forward a
draft. They reworked that draft.
Today we are putting forth a roadmap. I thank my colleagues who are
standing with me today to be the original cosponsors: Senator Bernie
Sanders of Vermont, Senator Ed Markey of Massachusetts, and Senator
Cory Booker of New Jersey. I know other colleagues will join us as time
progresses, but it is important not to wait until we have, if you will,
a large population to begin the conversation--a large set of sponsors
to begin the conversation of laying out a roadmap. It is important to
lay it out now. It is important to lay it out now because it is a
statement of values. It is important to lay it out now so that there is
a vision that can be discussed--a detailed vision of how to take on
different sectors of the energy economy that can be discussed and
debated.
So we are focused not on whether to get to 100 by 50, but on how we
are going to get to 100 by 50. I invite and encourage that debate
because each of us can envision a roadmap that is slightly different.
So let's have that conversation, but let's not forget the importance of
getting to this destination--100 percent clean, renewable energy--and
getting thereby the year 2050.
Yes, it is audacious when you think about how we use energy today, to
think about how we can transform it in just a few decades, but we have
many of the tools we need right now. With focused research and
development, we can add the other tools that we need.
Let us not fail to accept this challenge, because our planet is
crying out in anguish. In addition to the facts on the ground that I
have been mentioning, we can simply take the temperature of the planet.
Month after month after month, year after year, in the past 2 years we
have been setting new records for having the hottest month--not the
hottest month in Washington, DC, not the hottest month in the United
States of America but the hottest March in the history of the planet,
the hottest April since we have been measuring the temperature of the
planet--May, June, and so on and so forth.
So the time for conversing about whether we have a problem is over.
Now is the time to say how we will achieve this vision.
One important element of achieving this vision is greening the grid.
That means that we need to phase out electricity that is generated by
fossil fuels. We need to invest in clean and renewable energy that puts
green electrons in the grid instead, and we need to advance and develop
the deployment of technologies that contribute to this, including high-
voltage transmission lines that will move energy between different
parts of the United States. We certainly need to develop the ability to
store electricity and to use automated demand management and automated
supply management so we can match the supply of green energy to the
demand at different times of the day or just the demand of different
times of the day to make renewable energy fit to the operation of the
economy.
Now, we have some specific powerful gifts in this effort. One is that
we have a dramatically declining cost of solar energy. A second is that
we have a dramatically declining cost in wind energy. A third is that
we have a dramatically declining cost of battery storage. This isn't an
accident. This has happened because of the innovation economy where
these ideas were developed and promoted and researched and advanced
right here in the United States of America. But it really helps change
the conversation. There have been many who are deeply invested in the
fossil fuel world who would like to say that advancing to a clean and
renewable energy economy will hurt the economy. But now we are coming
to the point that it is less expensive to generate renewable energy
than to generate fossil fuel energy. The fact is that we can create a
tremendous number of jobs as we rebuild this energy economy.
If we turn specifically to the issue of a Federal emissions vehicle
standard--because that is one of the pieces of this puzzle--it means
that we have to make national investments in electrical recharging
stations along our roads and highways to support these vehicles. There
are already half a million plug-in electric vehicles on our roads
today, and these vehicles--these cars--are becoming cheaper as the
numbers continue to grow.
One of the factors that is enabling the car to become cheaper is the
dropping cost of lithium in the batteries that power them. They are
getting smaller, lighter, and cheaper. So in the same space you can put
more energy with less weight to drive cars further. Since 2008, the
cost of these batteries per kilowatt hour has fallen fourfold. They
will continuously grow. Having more of these cars on our roads and our
highways as the costs keep falling, it is vital that we have an
infrastructure in place to support them.
We need to ensure that everyone is part of this clean and renewable
energy resolution, including low-income and disadvantaged communities.
We addressed that in the 100 by 50 legislation. To do this, we
established grants
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to bring affordable clean energy and energy efficiency to individuals'
homes and communities. We invest in zero emission public transportation
that is affordable and accessible. We also want to ensure that no
workers are left behind in this transformation, especially the workers
in the fossil fuel industry. That is why we need to provide a just
transition for those workers and job training programs. We need to have
a strategy to ensure that there are opportunities to move from jobs in
the fossil fuel world to positions in the clean and renewable energy
industry. Those industries are, in fact, booming, with jobs in solar
and wind growing 12 times faster than the rest of the U.S. economy.
Already, the number of clean and renewable industry jobs has surpassed
those in the fossil fuel industry by a margin of 5 to 1.
We want to enable everyone to have the skills they need to succeed in
these emerging industries, but to move to this future, we must come to
a point at which we stop investing in new fossil fuel infrastructure.
We cannot proceed to make this pivot quickly to a cleaner, brighter,
renewable future if we continue to tie ourselves and our government to
a fossil fuel-powered past. To achieve this clean break, the 100 by 50
Act ends future fossil fuel investments at the Federal level. That
would affect projects similar to the Keystone XL Pipeline and the
Dakota Access Pipeline, and we would end the tax subsidies for the
fossil fuel industry.
This burning of fossil fuels is destroying our planet. We must stop
subsidizing the destruction of our planet. This burning of fossil fuels
is destroying our forests, which our rural communities depend on. We
must stop subsidizing the destruction of our forests. The burning of
these fossil fuels is driving droughts, reducing irrigation water, and
hurting our farmers. We must quit subsidizing the destruction of
agriculture in America. The burning of fossil fuels is also impacting
our fishing--from warmer, smaller trout streams to a fishing industry
that depends on the critical ecosystem in the ocean. We must stop
subsidizing the destruction of our fishing industry.
It is also important to make sure that America remains a leader in
the energy economy and leads in the effort to make sure that we do not
have a disadvantage with regard to manufacturing in other countries.
What that means is that, with regard to countries that are not pursuing
this on the same aggressive level, we need to have an effort to drive
this transaction. We need to make sure that if there are additional
costs, those are offset with a border tax so that we do not encourage
the movement of production out of our economy here at home. We have
done so with trade policy--in a massively destructive way--to the
middle class of America. If we do not make things in America, we will
not have a middle class in America, and we need to make sure that we do
not do that in the transition of our energy economy.
To fund this plan, we propose a new source of revenue. When I say a
``new source of revenue,'' that is a little misleading because we are
taking a cue from history, specifically World War II, and modeling
bonds--climate bonds--on the war bonds that helped fund our fight
against totalitarianism--to fund our fight against Germany and the
Soviet Union. Auctioning off climate bonds is a way to raise the funds
to drive the grants to power this transformation--to accelerate this
transformation--and make sure that we do not leave out disadvantaged
communities but, rather, bring them fully into this transition. The 100
by 50 Act is ambitious, but the circumstances require no less.
Furthermore, we cannot, simply, propose a Federal Government strategy
because we live in the United States of America, where important things
are done at many different levels. Here in this Chamber--right now in
the U.S. Senate--we do not have a committee chair who is going to say
that we need to have committee hearings in order to take on this issue.
We do not have a committee chair on the House side who is going to
drive this conversation. We do not have a President who understands the
damage that is being done to our forests and our fishing and our
farming and to our planet and who is going to lead the battle.
We have to turn to the wisdom of the American people. We have to turn
to the wisdom of the States and the wisdom of the counties and the
wisdom of the cities and the wisdom of individuals across America who
are willing to go to the leadership of their mosques or the leadership
of their temples or the leadership of their churches, who are willing
to go to the leadership of nonprofits that they are a part of, who are
willing to go to their city councils or their county commissions, who
are willing to go to their State legislators.
They are going to say that we need to have a 100 by 50 resolution for
our nonprofits, for our religious organizations, for our cities, for
our counties, for our States because we need to own this issue. We
Americans at every level need to own this issue. This is an issue that
depends upon citizens across the globe taking hold of this in a
powerful way that cannot be blocked by the dark money of the fossil
fuel industry.
In so doing, by passing that 100 by 50 resolution for the city or the
nonprofit or the church or the mosque or the synagogue or the temple,
we will also adopt an action plan that involves the specific steps that
local organizations are going to take over the next 2 to 3 years. This
year, maybe they are going to convert their hot water heaters to
electrons rather than burning natural gas. Maybe they are going to sign
up for green electrons from their local utilities, which is an option
that is offered in many places across America. The following year,
maybe they are going to invest in energy-saving retrofits of their
buildings. The year after that, maybe they are going to say that we
have to revamp our fleet of vehicles and start using rechargeable
vehicles, like the Volt or the Bolt or the LEAF or a whole set of cars
that has been appearing in the economy over the last few years. One can
charge them up and, thereby, run them off green electrons rather than
off fossil fuels.
These are things that can be owned and done. In fact, it is already
happening. It is happening with local organizations across this country
that are committing themselves to 100 percent clean and renewable
energy. More than 25 cities across the country have already adopted
this vision--from Madison, WI, to Abita Springs, LA; from San Diego,
CA, to Salt Lake City, UT; from Georgetown, TX, to Greensburg, KS--
cities that are working toward a 100 percent clean and renewable
future. There are 88 major businesses that are getting in on the action
as well--Walmart, Johnson & Johnson, Procter & Gamble, Nike, Coca-Cola,
General Motors, and Apple. These are only a few of the major companies
that have committed to powering themselves with 100 percent clean and
renewable energy.
What is driving this move toward clean and renewable energy? It is
that Americans everywhere are seeing the effects on the ground. They
are calling for action, and community leaders and business leaders are
responding. We need to respond here in the U.S. Senate. We should be
holding hearings on how to put this plan into action. We should be
taking the best ideas from the city actions and the business actions
and the nonprofit actions from across the country and from the ideas
generated on the right side of the aisle and the left side of the aisle
because the destruction we face--the threat we face--is not a blue
issue or a red issue; it is a human civilization issue.
America has been a driver of the technology that can transform our
economy and also the technology that we can sell to the world. In
adopting this vision and in fighting for this vision, America can be a
leader with other nations around the world. It has been beyond strange
to have other countries lecture us over the last few months to maintain
our commitment as a Federal Government to this vision. Other countries
are saying: America, you have to be part of the solution. You have
benefited enormously from the burning of fossil fuels, perhaps more
than any other economy in the world. You have one of the highest per
capita footprints for carbon. You must be part of this effort because
every country in the world is affected.
More than 40 countries have now adopted the vision of clean and
renewable energy, so there is no time for America to step out and not
be part of the solution, not be part of the leadership, not be part of
the driving force, not benefit from being on the cutting edge of this
transformation of the energy economy.
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Just as President Kennedy laid out the vision for going to the Moon,
Americans from every walk are coming together to lay out the vision for
a 100 percent clean and renewable energy economy. They are adopting a
framework--a time, a goal--as to where we are going and when we are
getting there; 100 by 50 sums it up.
After President Kennedy laid out the vision, America went to work to
make it happen, and we landed American citizens on the Moon. Now it is
time for all of America to get to work and implement this vision and
ensure that we succeed in transforming our energy economy within the
next few decades by taking important steps every single year--driving
ourselves forward, understanding the urgency, applying the technology,
accelerating the implementation--to achieve 100 percent clean and
renewable energy by 2050.
If there were an asteroid coming toward the Earth, we would not be
talking politics or political advantage. We would all be working
together to take it on--destroy it before it destroyed us. We have the
equivalent of an asteroid that is coming at the Earth in global
warming. The time to play politics has passed. The time to play
partisanship has passed. It is time for every citizen and every
organization at every level--every chair representing every Senator
from every State in the Union--to come together to take on this
challenge together.
I call upon my fellow Senators to be part of, perhaps, the most
important effort we have to solve the biggest challenge to the health
of America and the health of the planet--global warming. Step forward
and be part of the effort.
Thank you, Mr. President.
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