S.Amdt. 4912
What it does: 4 changes: strikes text in 2 places, adds a section, replaces text
Sen. Sheldon Whitehouse (D-RI)What it changes
4 changes to S. 3036 · 1 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Strikes page 196, line 15 through page 198, line 16
StrikesPrinted pageRemoves page 196, line 15 through page 198, line 16 of the printed bill. See that page
Original wording
Beginning on page 196, strike line 15 and all that follows through page 198, line 16.
Change 2: Adds SEC. 584. USE OF FUNDS on page 204, between lines 2 and 3
Adds a sectionPrinted pageInserted: SEC. 584. USE OF FUNDS.
Inserted: (a) In General.--Subject to section 585, of amounts deposited in the Climate Change Consumer Assistance Fund under section 583, the Administrator shall use-- (1) of the proceeds from the auction of the initial 14 percent of the percentage of emission allowances auctioned under section 582 for each calendar year--
Inserted: (A) not less than 50 percent to provide assistance to low-income households under the program described in subsection (b); and
Inserted: (B) not less than 50 percent to provide an earned income tax credit in accordance with subsection (c); and
Inserted: (2) the remaining proceeds from auctions under section 582 to carry out other tax initiatives to protect consumers, especially consumers in greatest need, from increases in energy and other costs as a result of this Act in accordance with subsection (d).
Inserted: (b) Program for Offsetting Impacts on Lower-Income Americans.--
Inserted: (1) Definitions.--In this subsection:
Inserted: (A) Administrator.--The term "Administrator" means--
Inserted: (i) the Administrator of the Environmental Protection Agency; or
Inserted: (ii) the head of a Federal agency designated by the Administrator for the purposes of this subsection.
Inserted: (B) Elderly or disabled member.--The term "elderly or disabled member" has the meaning given the term in section 3 of the Food Stamp Act of 1977 (7 U.S.C. 2012).
Inserted: (C) Gross income.--The term "gross income" means the gross income of a household that is determined in accordance with standards and procedures established under section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014).
Show 59 more inserted paragraphsShow less
Inserted: (D) Household.--The term "household" means--
Inserted: (i) an individual who lives alone; or
Inserted: (ii) a group of individuals who live together.
Inserted: (E) Poverty line.--The term "poverty line" has the meaning given the term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section.
Inserted: (F) Program.--The term "Program" means the Climate Change Rebate Program established under paragraph (2).
Inserted: (G) State.--The term "State" means--
Inserted: (i) each of the several States of the United States;
Inserted: (ii) the District of Columbia;
Inserted: (iii) the Commonwealth of Puerto Rico;
Inserted: (iv) Guam;
Inserted: (v) American Samoa;
Inserted: (vi) the Commonwealth of the Northern Mariana Islands; and
Inserted: (vii) the United States Virgin Islands.
Inserted: (H) State agency.--
Inserted: (i) In general.--The term "State agency" means an agency of State government that has responsibility for the administration of 1 or more federally aided public assistance programs within the State.
Inserted: (ii) Inclusions.--The term "State agency" includes--
Inserted: (I) a local office of a State agency described in clause (i); and
Inserted: (II) in a case in which federally aided public assistance programs of a State are operated on a decentralized basis, a counterpart local agency that administers 1 or more of those programs.
Inserted: (2) Climate change rebate program.--The Administrator shall establish and carry out a program, to be known as the "Climate Change Rebate Program", under which, at the request of a State agency, eligible low-income households within the State shall be provided an opportunity to receive compensation, through the issuance of a monthly rebate, for use in paying certain increased energy-related costs resulting from the regulation of greenhouse gas emissions under this Act.
Inserted: (3) Eligibility.--The Administrator shall limit participation in the Program to--
Inserted: (A) households that the applicable State agency determines meet the gross income test and the asset test standards described in section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014); and
Inserted: (B) households that do not meet those standards, but that include 1 or more individuals who meet the standards described in section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114).
Inserted: (C) Limitation.--The Administrator shall establish additional eligibility criteria to ensure that--
Inserted: (i) only United States citizens, United States nationals, and lawfully residing immigrants are eligible to receive a rebate under the Program; and
Inserted: (ii) each household does not receive more than 1 rebate per month under the Program.
Inserted: (4) Monthly rebate amount.--
Inserted: (A) Establishment.--
Inserted: (i) In general.--The rebate available under the Program for each month of a calendar year shall be established by the Energy Information Administration, in consultation with other appropriate Federal agencies, by not later than October 1 of the preceding calendar year.
Inserted: (ii) Limitation.--The aggregate amount of rebates distributed in any given year shall not exceed the amount described in subsection (a)(1).
Inserted: (iii) Shortage.--If the amount described in subsection (a)(4) is inadequate to provide monthly rebates to all eligible households, the Administrator shall devise an equitable proration to ensure that all eligible households receive the same portion of the full rebate the eligible households would have been eligible to receive if adequate funds had been provided
Inserted: (B) Method of calculation.--With respect to the calculation of a monthly rebate under this paragraph--
Inserted: (i) the maximum monthly rebate provided to a household during any calendar year shall be equal to \1/12\ of the projected average annual increase in the costs of goods and services for that calendar year that results from the regulation of greenhouse gas emissions under this Act, taking into consideration--
Inserted: (I) the size of the household; and
Inserted: (II) direct and indirect energy costs for consumers in the lowest-income quintile that is affected by the regulation of greenhouse gas emissions, net of the effect of any projected increase in Federal benefits resulting from higher cost-of-living adjustments based on higher energy-related costs;
Inserted: (ii) each quintile referred to in clause (i)(II) shall--
Inserted: (I) be based on income adjusted to account for household size; and
Inserted: (II) represent an equal number of individuals; and
Inserted: (iii) the amount shall be adjusted by household size, except that the same maximum rebate shall be--
Inserted: (I) provided to households of 5 or more individuals; and
Inserted: (II) based on the average cost increases for households of 5 or more individuals.
Inserted: (C) Greater than 130 percent of poverty line.--A household with a gross income that is greater than 130 percent of the poverty line shall not be eligible for a monthly rebate under this subsection.
Inserted: (5) Delivery mechanism.--An eligible household shall receive a rebate through an electronic benefit transfer or direct deposit into a bank account designated by the eligible household.
Inserted: (6) Administration.--
Inserted: (A) In general.--The State agency of each participating State shall assume responsibility for--
Inserted: (i) the certification of households applying for monthly rebates under this subsection; and
Inserted: (ii) the issuance, control, and accountability of those rebates.
Inserted: (B) Reimbursement of administrative costs.--
Inserted: (i) In general.--Subject to such standards as shall be established by the Administrator, the Administrator shall reimburse each State agency for a portion, as described in clauses (ii) and (iii), of the administrative costs involved in the operation by the State agency of the Program.
Inserted: (ii) Initial 3 years.--During the first 3 fiscal years of operation of the Program, the Administrator shall reimburse each State agency for--
Inserted: (I) 75 percent of the administrative costs of delivering monthly rebates under this subsection; and
Inserted: (II) 75 percent of any automated data processing improvements or electronic benefit transfer contract amendments that are necessary to provide the monthly rebates.
Inserted: (iii) Subsequent years.--During the fourth and subsequent years of operation of the Program, the Administrator shall reimburse each State agency for 50 percent of all administrative costs of delivering the monthly rebates under this subsection.
Inserted: (C) Treatment.--
Inserted: (i) Not income or resources.--The value of a rebate provided under the Program shall not be considered to be income or a resource for any purpose under any Federal, State, or local law, including laws relating to an income tax, public assistance programs (such as health care, cash aid, child care, nutrition programs, and housing assistance).
Inserted: (ii) Action by state and local governments.--No State or local government a resident of which receives a rebate under the Program shall decrease any assistance that would otherwise be provided to the resident because of receipt of the rebate.
Inserted: (c) Sense of Congress Regarding Earned Income Tax Credit.--It is the sense of Congress that--
Inserted: (1) the amounts described in subsection (a)(1)(B) should be used to enhance the earned income tax credit under section 32 of the Internal Revenue Code of 1986 to assist lower-income workers to afford the energy-related costs associated with the regulation of greenhouse gas emissions; and
Inserted: (2) the Administrator should structure the Climate Change Rebate Program under subsection (b) in a manner than ensures that the program phases out for eligible households that receive an enhanced earned income tax credit as described in this section.
Inserted: (d) Sense of Congress Regarding Additional Tax Policies.--It is the sense of Congress that any additional amounts in the Climate Change Consumer Assistance Fund should be used to fund other tax initiatives to protect consumers, especially consumers in greatest need, from increases in energy and other costs as a result of this Act.
Original wording
On page 204, between lines 2 and 3, insert the following:
Change 3: Replaces “584” with “585”
In S. 3036 · Placed on Calendar Senate
(d) Allowances for Each Calendar Year.--The numbers of emission allowances established by the Administrator for each of calendar years 2012 through 2050 shall be as follows:
---------------------------------------------------------------------------------------------------------------- Number of Emission Allowances (in Calendar Year
[struck: ][inserted: ]Millions) ---------------------------------------------------------------------------------------------------------------- 2012[struck: ][inserted: ]5,775 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2013[struck: ][inserted: ]5,669 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2014[struck: ][inserted: ]5,562 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2015[struck: ][inserted: ]5,456 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2016[struck: ][inserted: ]5,349 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2017[struck: ][inserted: ]5,243 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2018[struck: ][inserted: ]5,137 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2019[struck: ][inserted: ]5,030 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2020[struck: ][inserted: ]4,924 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2021[struck: ][inserted: ]4,817 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2022[struck: ][inserted: ]4,711 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2023[struck: ][inserted: ]4,605 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2024[struck: ][inserted: ]4,498 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2025[struck: ][inserted: ]4,392 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2026[struck: ][inserted: ]4,286 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2027[struck: ][inserted: ]4,179 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2028[struck: ][inserted: ]4,073 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2029[struck: ][inserted: ]3,966 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2030[struck: ][inserted: ]3,860 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2031[struck: ][inserted: ]3,754 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2032[struck: ][inserted: ]3,647 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2033[struck: ][inserted: ]3,541 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2034[struck: ][inserted: ]3,435 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2035[struck: ][inserted: ]3,328 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2036[struck: ][inserted: ]3,222 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2037[struck: ][inserted: ]3,115 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2038[struck: ][inserted: ]3,009 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2039[struck: ][inserted: ]2,903 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2040[struck: ][inserted: ]2,796 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2041[struck: ][inserted: ]2,690 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2042[struck: 2,584 ][inserted: 2,585 ]vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2043[struck: ][inserted: ]2,477 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2044[struck: ][inserted: ]2,371 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2045[struck: ][inserted: ]2,264 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2046[struck: ][inserted: ]2,158 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2047[struck: ][inserted: ]2,052 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2048[struck: ][inserted: ]1,945 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2049[struck: ][inserted: ]1,839 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv 2050[struck: ][inserted: ]1,732 ----------------------------------------------------------------------------------------------------------------SEC. 1202. COMPLIANCE OBLIGATION.
Original wording
On page 204, line 3, strike “584” and insert “585”.
Change 4: Strikes page 204, lines 8–14
StrikesPrinted pageRemoves page 204, lines 8–14 of the printed bill. See that page
Original wording
On page 204, strike lines 8 through 14.
Shown as written
Strike the table that appears on page 203 after line 2 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4912. Mr. WHITEHOUSE submitted an amendment intended to be proposed by him to the bill S. 3036, to direct the Administrator of the Environment Protection Agency to establish a program to decrease emissions of greenhouse gases, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 196, strike line 15 and all that follows through page 198, line 16.
Strike the table that appears on page 203 after line 2 and insert the following:
------------------------------------------------------------------------Percentage for auction for Calendar Year Climate Change Consumer Assistance Fund
------------------------------------------------------------------------
2012................................................... 5.5
2013................................................... 5.75
2014................................................... 5.75
2015................................................... 6
2016................................................... 6.25
2017................................................... 6.5
2018................................................... 6
2019................................................... 7
2020................................................... 7
2021................................................... 7
2022................................................... 8
2023................................................... 8
2024................................................... 9
2025................................................... 9
2026................................................... 10
2027................................................... 11
2028................................................... 11
2029................................................... 12
2030................................................... 13
2031................................................... 14
2032................................................... 14
2033................................................... 14
2034................................................... 15
2035................................................... 15
2036................................................... 15
2037................................................... 15
2038................................................... 15
2039................................................... 15
2040................................................... 15
2041................................................... 15
2042................................................... 15
2043................................................... 15
2044................................................... 15
2045................................................... 15
2046................................................... 15
2047................................................... 15
2048................................................... 15
2049................................................... 15
2050................................................... 15.
------------------------------------------------------------------------
On page 204, between lines 2 and 3, insert the following:
SEC. 584. USE OF FUNDS.
(a) In General.--Subject to section 585, of amounts deposited in the Climate Change Consumer Assistance Fund under section 583, the Administrator shall use-- (1) of the proceeds from the auction of the initial 14 percent of the percentage of emission allowances auctioned under section 582 for each calendar year--
(A) not less than 50 percent to provide assistance to low-income households under the program described in subsection (b); and
(B) not less than 50 percent to provide an earned income tax credit in accordance with subsection (c); and
(2) the remaining proceeds from auctions under section 582 to carry out other tax initiatives to protect consumers, especially consumers in greatest need, from increases in energy and other costs as a result of this Act in accordance with subsection (d).
(b) Program for Offsetting Impacts on Lower-Income Americans.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term “Administrator” means--
(i) the Administrator of the Environmental Protection Agency; or
(ii) the head of a Federal agency designated by the Administrator for the purposes of this subsection.
(B) Elderly or disabled member.--The term “elderly or disabled member” has the meaning given the term in section 3 of the Food Stamp Act of 1977 (7 U.S.C. 2012).
(C) Gross income.--The term “gross income” means the gross income of a household that is determined in accordance with standards and procedures established under section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014).
(D) Household.--The term “household” means--
(i) an individual who lives alone; or
(ii) a group of individuals who live together.
(E) Poverty line.--The term “poverty line” has the meaning given the term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section.
(F) Program.--The term “Program” means the Climate Change Rebate Program established under paragraph (2).
(G) State.--The term “State” means--
(i) each of the several States of the United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) Guam;
(v) American Samoa;
(vi) the Commonwealth of the Northern Mariana Islands; and
(vii) the United States Virgin Islands.
(H) State agency.--
(i) In general.--The term “State agency” means an agency of State government that has responsibility for the administration of 1 or more federally aided public assistance programs within the State.
(ii) Inclusions.--The term “State agency” includes--
(I) a local office of a State agency described in clause (i); and
(II) in a case in which federally aided public assistance programs of a State are operated on a decentralized basis, a counterpart local agency that administers 1 or more of those programs.
(2) Climate change rebate program.--The Administrator shall establish and carry out a program, to be known as the “Climate Change Rebate Program”, under which, at the request of a State agency, eligible low-income households within the State shall be provided an opportunity to receive compensation, through the issuance of a monthly rebate, for use in paying certain increased energy-related costs resulting from the regulation of greenhouse gas emissions under this Act.
(3) Eligibility.--The Administrator shall limit participation in the Program to--
(A) households that the applicable State agency determines meet the gross income test and the asset test standards described in section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014); and
(B) households that do not meet those standards, but that include 1 or more individuals who meet the standards described in section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114).
(C) Limitation.--The Administrator shall establish additional eligibility criteria to ensure that--
(i) only United States citizens, United States nationals, and lawfully residing immigrants are eligible to receive a rebate under the Program; and
(ii) each household does not receive more than 1 rebate per month under the Program.
(4) Monthly rebate amount.--
(A) Establishment.--
(i) In general.--The rebate available under the Program for each month of a calendar year shall be established by the Energy Information Administration, in consultation with other appropriate Federal agencies, by not later than October 1 of the preceding calendar year.
(ii) Limitation.--The aggregate amount of rebates distributed in any given year shall not exceed the amount described in subsection (a)(1).
(iii) Shortage.--If the amount described in subsection (a)(4) is inadequate to provide monthly rebates to all eligible households, the Administrator shall devise an equitable proration to ensure that all eligible households receive the same portion of the full rebate the eligible households would have been eligible to receive if adequate funds had been provided
(B) Method of calculation.--With respect to the calculation of a monthly rebate under this paragraph--
(i) the maximum monthly rebate provided to a household during any calendar year shall be equal to \1/12\ of the projected average annual increase in the costs of goods and services for that calendar year that results from the regulation of greenhouse gas emissions under this Act, taking into consideration--
(I) the size of the household; and
(II) direct and indirect energy costs for consumers in the lowest-income quintile that is affected by the regulation of greenhouse gas emissions, net of the effect of any projected increase in Federal benefits resulting from higher cost-of-living adjustments based on higher energy-related costs;
(ii) each quintile referred to in clause (i)(II) shall--
(I) be based on income adjusted to account for household size; and
(II) represent an equal number of individuals; and
(iii) the amount shall be adjusted by household size, except that the same maximum rebate shall be--
(I) provided to households of 5 or more individuals; and
(II) based on the average cost increases for households of 5 or more individuals.
(C) Greater than 130 percent of poverty line.--A household with a gross income that is greater than 130 percent of the poverty line shall not be eligible for a monthly rebate under this subsection.
(5) Delivery mechanism.--An eligible household shall receive a rebate through an electronic benefit transfer or direct deposit into a bank account designated by the eligible household.
(6) Administration.--
(A) In general.--The State agency of each participating State shall assume responsibility for--
(i) the certification of households applying for monthly rebates under this subsection; and
(ii) the issuance, control, and accountability of those rebates.
(B) Reimbursement of administrative costs.--
(i) In general.--Subject to such standards as shall be established by the Administrator, the Administrator shall reimburse each State agency for a portion, as described in clauses (ii) and (iii), of the administrative costs involved in the operation by the State agency of the Program.
(ii) Initial 3 years.--During the first 3 fiscal years of operation of the Program, the Administrator shall reimburse each State agency for--
(I) 75 percent of the administrative costs of delivering monthly rebates under this subsection; and
(II) 75 percent of any automated data processing improvements or electronic benefit transfer contract amendments that are necessary to provide the monthly rebates.
(iii) Subsequent years.--During the fourth and subsequent years of operation of the Program, the Administrator shall reimburse each State agency for 50 percent of all administrative costs of delivering the monthly rebates under this subsection.
(C) Treatment.--
(i) Not income or resources.--The value of a rebate provided under the Program shall not be considered to be income or a resource for any purpose under any Federal, State, or local law, including laws relating to an income tax, public assistance programs (such as health care, cash aid, child care, nutrition programs, and housing assistance).
(ii) Action by state and local governments.--No State or local government a resident of which receives a rebate under the Program shall decrease any assistance that would otherwise be provided to the resident because of receipt of the rebate.
(c) Sense of Congress Regarding Earned Income Tax Credit.--It is the sense of Congress that--
(1) the amounts described in subsection (a)(1)(B) should be used to enhance the earned income tax credit under section 32 of the Internal Revenue Code of 1986 to assist lower-income workers to afford the energy-related costs associated with the regulation of greenhouse gas emissions; and
(2) the Administrator should structure the Climate Change Rebate Program under subsection (b) in a manner than ensures that the program phases out for eligible households that receive an enhanced earned income tax credit as described in this section.
(d) Sense of Congress Regarding Additional Tax Policies.--It is the sense of Congress that any additional amounts in the Climate Change Consumer Assistance Fund should be used to fund other tax initiatives to protect consumers, especially consumers in greatest need, from increases in energy and other costs as a result of this Act.
On page 204, line 3, strike “584” and insert “585”.
On page 204, strike lines 8 through 14.
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Senate amendment submitted
June 5, 2008