,i #aafth ,,congress #ast ,session ,h4 ,r4 #djeh ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjai,mr4 ,rooney of ,florida 7for himself and ,mr4 ,lipinski7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committees on ,energy and ,commerce1 and ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to impose a tax on greenhouse gas emissions1 accordingly reduce tax rates on payroll1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,stemming ,warming and ,augmenting ,pay ,act of #bjai or the ,,swap ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,title ,i--,greenhouse ,gas ,emissions ,sec4 #aja4 ,treatment of greenhouse gas emissions4 ,title ,,ii--,carbon ,reduced ,payroll ,tax ,sec4 #bja4 ,carbon reduced payroll tax4 ,title ,,iii--,distribution of ,revenues ,from ,taxation of ,greenhouse ,gas ,emissions ,sec4 #cja4 ,establishment of the ,carbon ,trust ,fund4 ,sec4 #cjb4 ,appropriations from the ,carbon ,trust ,fund4 ,title ,,iv--,amendments to ,federal ,environmental ,statutes ,sec4 #dja4 ,amendments to the ,clean ,air ,act4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,climate change threatens global stability and our national economy4 7#b7 ,carbon emissions are a significant contributor to these threats and must be addressed4 7#c7 ,the ,united ,states private sector can face these challenges and be a global leader in technology1 innovation1 and efficiency4 7#d7 ,a price on carbon levels the economic playing field and spurs adoption of less carbon-intensive practices and technologies4 7#e7 ,recycling revenues back to employers and employees will neutralize the potential impacts of a tax4 ,i ,greenhouse ,gas ,emissions #aja4 ,treatment of greenhouse gas emissions 7a7 ,in general ,the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 ,l ,greenhouse ,gas ,emissions ,part #a4 ,taxation of ,greenhouse ,gas ,emissions ,part #b4 ,tax ,adjustments for ,imports and ,exports of ,greenhouse ,gas ,intensive ,products #a ,taxation of ,greenhouse ,gas ,emissions ,sec4 #iija4 ,imposition of tax on combusted fossil fuel greenhouse gas emissions4 ,sec4 #iijb4 ,imposition of tax on greenhouse gas emissions from certain industrial processes4 ,sec4 #iijc4 ,imposition of tax on greenhouse gas emissions from certain product uses4 ,sec4 #iijd4 ,calculation of taxable emissions4 ,sec4 #iije4 ,credit for ,state payments4 ,sec4 #iijf4 ,penalties for nonpayment4 ,sec4 #iijg4 ,definitions4 #iija4 ,imposition of tax on combusted fossil fuel greenhouse gas emissions 7a7 ,in general ,there is hereby imposed a tax on fossil fuels produced within1 or imported into1 the ,united ,states4 7b7 ,rate of tax 7#a7 ,greenhouse gases that would be released if the fossil fuel were combusted ,the tax imposed by subsection 7a7 shall be the applicable amount per ton of carbon dioxide equivalent of all greenhouse gases that would be released if the fossil fuel were combusted4 7#b7 ,applicable amount of carbon dioxide equivalent emissions ,for purposes of paragraph 7#a7-- 7,a7 ,for calendar year #bjba1 the term applicable amount means #cj per metric ton of carbon dioxide equivalent emissions4 7,b7 ,for each calendar year after #bjba1 the term applicable amount means the sum of-- 7i7 the applicable amount for the previous calendar1 7ii7 the sum of-- 7,i7 #e percentage points1 plus 7,,ii7 a percentage increase in the previous year's tax rate equal to the increase in the ,consumer ,price ,index for the previous calendar year1 plus 7iii7 the increase1 if any1 required by paragraph 7#c74 7,c7 ,consumer ,price ,index for any calendar year ,for purposes of subparagraph 7,b71 the ,consumer ,price ,index for the previous calendar year is the average of the ,consumer ,price ,index for all-urban consumers published by the ,department of ,labor as of the close of the #ab-month period ending on ,august #ca of such calendar year4 ,for purposes of the preceding sentence1 the revision of the ,consumer ,price ,index which is most consistent with the ,consumer ,price ,index for calendar year #aihf shall be used4 7#c7 ,adjustment based on emission levels 7,a7 ,in general ,if1 for calendar year #bjbc and every second calendar year thereafter through calendar year #bjca1 the cumulative amount of emissions with respect to the calendar year reported under subparagraph 7,b7 exceeds the cumulative amount of emissions specified for such calendar year in subparagraph 7,c71 then the increase required by this paragraph for the calendar year beginning on the next ,january #a following the determination in subparagraph 7,b7 shall be #c per metric ton4 7,b7 ,annual report ,not later than ,march #cj1 #bjba1 and annually thereafter1 the ,secretary and the ,administrator shall jointly determine and report the emissions during the calendar year ending on the preceding ,december #ca from sources subject to taxation under this part4 ,the report shall specify whether the cumulative amount of annual emissions reported for the period beginning in calendar year #bjba and ending at the end of the preceding calendar year exceeds the emission levels specified in subparagraph 7,c74 7,c7 ,emission schedule ,the emission schedule specified in this subparagraph is as follows3 7i7 ,the total emissions through calendar year #bjba are #e1jjj million metric tons of carbon dioxide equivalent4 7ii7 ,the total emissions through calendar year #bjbb are #i1hjj million metric tons of carbon dioxide equivalent4 7iii7 ,the total emissions through calendar year #bjbc are #ad1fjj million metric tons of carbon dioxide equivalent4 7iv7 ,the total emissions through calendar year #bjbd are #ai1bjj million metric tons of carbon dioxide equivalent4 7v7 ,the total emissions through calendar year #bjbe are #bc1hjj million metric tons of carbon dioxide equivalent4 7vi7 ,the total emissions through calendar year #bjbf are #bh1cjj million metric tons of carbon dioxide equivalent4 7vii7 ,the total emissions through calendar year #bjbg are #cb1gjj million metric tons of carbon dioxide equivalent4 7viii7 ,the total emissions through calendar year #bjbh are #cg1jjj million metric tons of carbon dioxide equivalent4 7ix7 ,the total emissions through calendar year #bjbi are #da1cjj million metric tons of carbon dioxide equivalent4 7x7 ,the total emissions through calendar year #bjcj are #de1ejj million metric tons of carbon dioxide equivalent4 7xi7 ,the total emissions through calendar year #bjca are #di1gjj million metric tons of carbon dioxide equivalent4 7c7 ,by ,whom ,paid ,the tax imposed by subsection 7a7 shall be paid by the owner of the fossil fuel at the point of taxation4 7d7 ,point of ,taxation 7#a7 ,for fossil fuels produced within the ,united ,states1 the point of taxation shall be-- 7,a7 for coal1 the mine mouth or1 for washed coal1 the exit from the coal preparation and processing plant1 7,b7 for petroleum products1 the exit point from the refinery1 and 7,c7 for natural gas1 the exit from the gas processing plant or1 for natural gas that is not treated at a gas processing plant1 the point of sale to the person who combusts the gas or incorporates it into a product that is not intended for combustion4 7#b7 ,for any fossil fuel imported into the ,united ,states1 the point of taxation shall be the point at which it first enters the ,united ,states4 7e7 ,exemptions 7#a7 ,exemption for ,noncombustive uses 7,a7 ,refund for reduction or elimination of emissions ,any manufacturer of a product that incorporates a fossil fuel that has been taxed under this section who can demonstrate to the ,secretary that the fossil fuel has been transformed via the manufacture of the product so that the fossil fuel's emissions will be reduced or eliminated over the product's lifetime shall be entitled to a refund of the tax paid under this section on the proportion of the emissions reduced thereby1 as determined by the ,secretary4 7,b7 ,rule ,the ,secretary1 in consultation with the ,administrator1 shall establish by rule the criteria and process by which product manufacturers can demonstrate that the conditions in subparagraph 7,a7 have been satisfied4 7,c7 ,publication of regulations ,the ,secretary shall publish the regulations required by this subsection no later than one year prior to the start of the calendar year referred to in section #iija7;b77#b77;,a74 ,the ,secretary may not collect the tax imposed by this section for any calendar year that begins less than one year after the regulations are published4 7#b7 ,exemption for ,carbon ,capture and ,storage 7,a7 ,refund for sequesters ,any person who sequesters greenhouse gas emissions resulting from the combustion of fossil fuel that has passed through a point of taxation shall be entitled to a refund of the tax imposed by this section4 ,emissions that are used for enhanced oil recovery shall be entitled for such refund provided that these emissions meet all of the criteria applicable to other emissions that qualify for such refund4 ,no refund shall be recognized for any amount of greenhouse gas which has been credited under section #de,q4 7,b7 ,rule ,the ,secretary shall establish by rule the procedures by which to apply for such refunds and such refunds shall be paid within six months of the ,secretary receiving an approvable application4 7,c7 ,time of refund ,the ,secretary may not refund any amounts under this paragraph until such time as the ,secretary has published the regulations described in section #de,q7d77#b74 7#c7 ,report to congress ,the ,secretary shall1 by ,january #ast of each calendar year1 report the total amount of refunds awarded in the previous fiscal year under this subsection and shall include1 as appropriate1 the amounts refunded under paragraphs 7#a7 and 7#b74 #iijb4 ,imposition of tax on greenhouse gas emissions from certain industrial processes 7a7 ,in general ,there is hereby imposed a tax on industrial process greenhouse gas emissions by certain source categories4 7b7 ,list of source categories 7#a7 ,initial list ,the ,congress establishes for purposes of this section a list of source categories subject to this section as follows3 7,a7 ,iron and steel production and metallurgical coke production4 7,b7 ,underground coal mining4 7,c7 ,coal preparation and processing plants4 7,d7 ,refineries4 7,e7 ,cement production4 7,f7 ,petrochemical production4 7,g7 ,lime production4 7,h7 ,ammonia production4 7,i7 ,aluminum production4 7,j7 ,soda ash production4 7,k7 ,ferroalloy production4 7,l7 ,phosphoric acid production4 7,m7 ,glass production4 7,n7 ,zinc production4 7,o7 ,lead production4 7,p7 ,magnesium production and processing4 7,q7 ,nitric acid production4 7,r7 ,adipic acid production4 7,s7 ,semiconductor manufacture4 7,t7 ,electrical transmission and distribution4 7#b7 ,revision of the ,list ,the ,administrator shall review the list of source categories established by this subsection not less than once every five years to determine if they should continue to be listed and publish the results of that review4 ,the ,administrator may1 if appropriate1 add any source categories to this list by rule4 7#c7 ,removal of a ,source ,category from the ,list ,the ,administrator may remove a source category from this list only if-- 7,a7 the total emissions from the entire source category which are taxable under this section have been less than #bej1jjj metric tons of carbon dioxide equivalent per year for each of three consecutive years1 7,b7 the average emissions from facilities in the source category which are taxable under this section have been less than #be1jjj metric tons of carbon dioxide equivalent per year for each of the years referred in subparagraph 7,a71 and 7,c7 the ,administrator determines that there is no reasonable possibility that the total emissions from the entire source category which are taxable under this section will exceed #bej1jjj metric tons per year of carbon dioxide equivalent within any of the five years following such determination4 7#d7 ,addition of a ,source ,category to the ,list ,the ,administrator may add a source category to this list only if the ,administrator determines that-- 7,a7 the total emissions from the entire source category which are taxable under this section have been greater than #bej1jjj metric tons per year of carbon dioxide equivalent in any two years out of the preceding five years1 7,b7 the average emissions from facilities in the source category which are taxable under this section have been greater than #be1jjj metric tons per year of carbon dioxide equivalent in the years in which emissions from the entire source category have been greater than #bej1jjj tons per year1 and 7,c7 there is a reasonable possibility that the total emissions from the entire source category which are taxable under this section will be greater than #bej1jjj metric tons per year of carbon dioxide equivalent in any year within the next five years following such determination4 7#e7 ,the ,administrator may add a source category to the list that has previously been removed pursuant to paragraph 7#c7 if the addition of the source category otherwise meets the requirements per paragraph 7#d74 7c7 ,rate of ,tax ,the rate of tax shall be the same as the rate given in section #iija7;b77#b74 7d7 ,by ,whom ,paid ,the tax imposed by subsection 7a7 shall be paid by the owner or operator of the point of taxation4 7e7 ,point of ,taxation ,the point of taxation shall be any facility in a source category which emits more than #be1jjj metric tons of carbon dioxide equivalent subject to taxation under this section in any calendar year4 #iijc4 ,imposition of tax on greenhouse gas emissions from certain product uses 7a7 ,in general ,there is hereby imposed a tax on non-fossil-fuel-greenhouse-gas emissions by certain manufactured products when used for their intended purposes that are manufactured within or imported into1 the ,united ,states4 7b7 ,list of ,products 7#a7 ,initial list ,the ,congress establishes for purposes of this section a list of products subject to this section as follows3 7,a7 ,fuel ethanol4 7,b7 ,industrial carbonates4 7,c7 ,carbon dioxide urea4 7,d7 ,soda ash4 7,e7 ,nitrous oxide4 7,f7 ,ozone depleting substances1 but not if the ,united ,states has ratified the ,kigali ,amendment to the ,montreal ,protocol and is subject to ,article #b;,j1 paragraph #a of the ,amended ,montreal ,protocol4 7,g7 ,biodiesel4 7,h7 ,solid biomass fuels4 7#b7 ,revision of the ,list ,the ,administrator shall review the list of products established by this subsection not less than once every five years to determine if they should continue to be listed and publish the results of that review4 ,the ,administrator may1 if appropriate1 add any product to this list by rule4 7#c7 ,removal of a ,product from the ,list ,the ,administrator may remove a product from this list only if-- 7,a7 the total emissions from all of the product used within the ,united ,states has been less than #bej1jjj metric tons per year of carbon dioxide equivalent for each of three consecutive years1 and 7,b7 the ,administrator determines that there is no reasonable possibility that the total emissions from all of the product used in the ,united ,states will exceed #bej1jjj metric tons per year of carbon dioxide equivalent within any of the five years following such determination4 7#d7 ,addition of a ,product to the ,list ,the ,administrator may add a product to this list only if the ,administrator determines that-- 7,a7 the total emissions from all of the product used within the ,united ,states has been greater than #bej1jjj metric tons per year of carbon dioxide equivalent in any two years out of the preceding five years1 and 7,b7 there is a reasonable possibility that the total emissions from all of the product used within the ,united ,states will be greater than #bej1jjj metric tons per year of carbon dioxide equivalent in any year within the next five years following such determination4 7#e7 ,the ,secretary may add a product to the list that has previously been removed pursuant to paragraph 7#c7 if the addition of the product otherwise meets the requirements of paragraph 7#d74 7c7 ,rate of ,tax ,the rate of tax shall be the same as the rate given in section #iija7;b77#b74 7d7 ,by ,whom ,paid ,the tax imposed by subsection 7a7 shall be paid-- 7#a7 for products manufactured in the ,united ,states1 by the owner or operator of the point of taxation1 and 7#b7 for products imported into the ,united ,states1 by the owner of the product when it enters the ,united ,states4 7e7 ,point of ,taxation ,the point of taxation shall be-- 7#a7 for products manufactured in the ,united ,states1 the manufacturing facility1 7#b7 for products imported into the ,united ,states1 the point at which it first enters the ,united ,states1 and 7#c7 for domestically produced biomass fuel1 any facility that emits from combusted biomass fuel more than #be1jjj metric tons of carbon dioxide equivalent greenhouse gases in a year4 #iijd4 ,calculation of taxable emissions 7a7 ,how ,to calculate taxable emissions ,in consultation with the ,department of ,energy1 the ,administrator shall establish by rule 7and may1 from time to time1 revise7 the method by which taxable emissions under this part shall be calculated4 7b7 ,categories and subcategories considered ,for purposes of calculating emissions taxable under-- 7#a7 section #iija1 the ,administrator shall determine by rule the amount of carbon dioxide equivalent that would be emitted if each fossil fuel were combusted1 and the ,administrator may establish by rule such subcategories of each fuel and the means by which it is combusted as the ,administrator deems appropriate1 7#b7 section #iijb1 the ,administrator may determine by rule such subcategories of any industrial process category listed in subsection #iijb7;b7 as the ,administrator deems appropriate1 and 7#c7 section #iijc1 for fuel ethanol1 biodiesel1 and solid biomass fuels the ,administrator shall determine by rule the amount of carbon dioxide equivalent that would be emitted based on the lifecycle greenhouse gas emissions of the product1 and the ,administrator may determine by rule such subcategories of manufactured products listed in subsection #iijc7;b7 as the ,administrator deems appropriate4 7c7 ,methods ,where greenhouse gas emissions subject to taxation under any section of this part are combined with greenhouse gas emissions subject to taxation under any other section of this part1 the ,administrator shall ensure1 to the greatest degree possible1 that the methods required to determine the emissions taxable under any section of this part do not include any emissions taxable under any other section of this part4 7d7 ,method cost differences ,the ,administrator shall not require the use of any method to calculate taxable emissions whereby the difference in cost of the method compared to the next cheapest alternative method is greater than the amount of the tax that would be paid on the additional emissions determined by the more expensive method4 7e7 ,publication of regulations ,the ,administrator shall publish the regulations required by this section no later than ,january #a1 #bjbj4 ,the ,secretary may not collect the tax imposed by any section in this part for any calendar year that begins less than one year after the regulations applicable to each such section are published4 #iije4 ,credit for ,state payments 7a7 ,credit for payments ,the ,secretary shall allow any person who is required to make payment for greenhouse gas emissions under this part a credit for payments made on those emissions required under any ,state law in the following manner3 7#a7 ,for the year given in section #iija7;b77#b77;,a71 a credit equal to #ajj percent of the amount paid pursuant to requirements of ,state law4 7#b7 ,for the first year following the year used in paragraph 7#a71 a credit equal to #hj percent of the amount paid pursuant to requirements of ,state law4 7#c7 ,for the second year following the year used in paragraph 7#a71 a credit equal to #fj percent of the amount paid pursuant to requirements of ,state law4 7#d7 ,for the third year following the year used in paragraph 7#a71 a credit equal to #dj percent of the amount paid pursuant to requirements of ,state law4 7#e7 ,for the fourth year following the year used in paragraph 7#a71 a credit equal to #bj percent of the amount paid pursuant to requirements of ,state law4 7b7 ,no credit ,for all years following the year used in paragraph 7#e71 no credit shall be allowed4 #iijf4 ,penalties for nonpayment ,any person who fails to comply with the requirements of section #iija1 #iijb1 or #iijc shall be liable for payment to the ,secretary1 without demand1 of a penalty in the amount equal to #c times the applicable amount specified by those sections for the same tax year as the year in which the person failed to comply with such requirements4 #iijg4 ,definitions ,unless otherwise provided1 the definitions provided herein are applicable to all provisions of this subtitle4 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,carbon dioxide equivalent ,the term carbon dioxide equivalent means the number of metric tons of ,,co#b emissions with the same global warming potential over a #ajj-year period as one metric ton of another greenhouse gas4 7#c7 ,coal ,the term coal means any of the recognized classifications and ranks of coal1 including anthracite1 bituminous1 semibituminous1 subbituminous1 lignite1 and peat4 7#d7 ,coal preparation and processing plant ,the term coal preparation and processing plant means any facility 7excluding underground mining operations7 which prepares coal by one or more of the following processes3 breaking1 crushing1 screening1 wet or dry cleaning1 and thermal drying4 7#e7 ,enhanced ,oil ,recovery ,the term enhanced oil recovery has the meaning defined at section #a4aic-a7;b77#b7 of title #bf1 ,code of ,federal ,regulations1 as of the date of enactment of this ,act4 7#f7 ,facility ,the term facility means any physical property1 plant1 building1 structure1 source1 or stationary equipment located on one or more contiguous or adjacent properties in actual physical contact or separated solely by a public roadway or other public right-of-way and under common ownership or common control1 that emits or may emit any greenhouse gas4 7#g7 ,fossil fuel ,the term fossil fuel means coal1 petroleum products1 or natural gas4 7#h7 ,greenhouse gas ,the term greenhouse gas means carbon dioxide1 nitrous oxide1 methane1 hydrofluorocarbons1 perfluorocarbons1 and sulfur hexafluoride4 7#i7 ,greenhouse gas effects ,the term greenhouse gas effects means the adverse effects of greenhouse gases on health or welfare caused by the greenhouse gas's heat-trapping potential or its effect on ocean acidification4 7#aj7 ,lifecycle greenhouse gas emissions ,the term lifecycle greenhouse gas emissions has the meaning given that term in section #baa of the ,clear ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,h774 7#aa7 ,natural gas ,the term natural gas means any fuel consisting in whole or in part of natural gas1 including components of natural gas such as methane and ethane2 liquid petroleum gas2 synthetic gas derived from coal1 petroleum1 or natural gas liquids2 or any mixture of natural gas and synthetic gas4 7#ab7 ,petroleum products ,the term petroleum products means unfinished oils1 liquefied petroleum gases1 pentanes plus1 aviation gasoline1 motor gasoline1 naphtha-type jet fuel1 kerosene-type jet fuel1 kerosene1 distillate fuel oil1 residual fuel oil1 petrochemical feedstocks1 special naphthas1 lubricants1 waxes1 petroleum coke1 asphalt1 road oil1 still gas1 and miscellaneous products obtained from the processing of crude oil 7including lease condensate71 natural gas1 and other hydrocarbon compounds4 ,the term does not include natural gas1 liquefied natural gas1 biofuels1 methanol1 and other nonpetroleum fuels4 7#ac7 ,publish ,the term publish means publication in the ,federal ,register4 7#ad7 ,refinery ,the term refinery means any facility engaged in producing gasoline1 kerosene1 distillate fuel oils1 residual fuel oils1 lubricants1 or other products through distillation of petroleum or through redistillation1 cracking or reforming of unfinished petroleum derivatives4 7#ae7 ,owner ,the term owner with respect to any fossil fuel means any person who has legal title to the fossil fuel4 7#af7 ,owner or operator ,the term owner or operator with respect to any fossil fuel means any person who has legal title to the fossil fuel4 7#ag7 ,sequesters ,the term sequesters means the permanent storage of carbon dioxide or other greenhouse gas such that it does not escape into the atmosphere1 and is in compliance with the regulations issued pursuant to section #de,q7d77#b74 7#ah7 ,solid biomass ,the term solid biomass means nonfossilized and biodegradable organic material originating from plants1 animals1 or microorganisms1 including products1 byproducts1 residues and waste from agriculture1 forestry and related industries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes1 but does not include gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material4 7#ai7 ,source category ,the term source category means any category or subcategory regulated under part #fj of title #dj1 ,code of ,federal ,regulations1 or part #ij of title #dj1 ,code of ,federal ,regulations4 #b ,tax ,adjustments for ,imports and exports of ,greenhouse ,gas ,intensive ,products ,sec4 #iiaa4 ,purposes4 ,sec4 #iiab4 ,definitions4 ,sec4 #iiac4 ,notification of foreign countries4 ,sec4 #iiad4 ,border tax adjustment rate4 #iiaa4 ,purposes 7a7 ,purposes of part ,the purposes of this part are-- 7#a7 to promote a strong global effort to significantly reduce greenhouse gas emissions1 and 7#b7 to prevent carbon leakage4 7b7 ,additional purposes of part ,the purposes of this part are additionally-- 7#a7 to provide a rebate to exporters in domestic eligible industrial sectors for the greenhouse gas emission costs of the owners and operators incurred under this title1 but not for costs associated with other related or unrelated market dynamics1 7#b7 to ensure that imports from other countries1 and1 in particular1 fast-growing developing countries1 do not enjoy competitive advantages because of the carbon tax liability of domestic manufacturers1 and therefore increase their emissions1 7#c7 to encourage foreign countries to take substantial action with respect to their greenhouse gas emissions1 and 7#d7 to ensure that the measures described in this subpart are designed and implemented in a manner consistent with applicable international agreements to which the ,united ,states is a party4 #iiab4 ,definitions ,in this part3 7#a7 ,carbon leakage ,the term carbon leakage means any substantial increase 7as determined by the ,secretary7 in greenhouse gas emissions by entities located in other countries caused by a cost of production increase in the ,united ,states resulting from implementation of this title4 7#b7 ,border tax adjustment ,the term border tax adjustment means the levying of a tax on imported covered goods equivalent to the amount of tax paid pursuant to part #a of this subtitle in the manufacture of comparable domestic manufactured goods1 and the rebating of the tax paid pursuant to part #a of this subtitle that has been paid on covered goods exported from the ,united ,states4 7#c7 ,border tax adjustment rate ,the term border tax adjustment rate means the amount of tax that would be paid on a covered good produced in the ,united ,states in the current year4 7#d7 ,commissioner ,the term ,commissioner means the ,commissioner of ,united ,states ,customs and ,border ,protection4 7#e7 ,covered good ,the term covered good means a good that is-- 7,a7 entered under a heading or subheading of the ,harmonized ,tariff ,schedule of the ,united ,states that corresponds to the ,,naics code for an eligible industrial sector1 as established in the concordance between ,,naics codes and the ,harmonized ,tariff ,schedule of the ,united ,states prepared by the ,united ,states ,census ,bureau1 or 7,b7 a manufactured item for consumption4 7#f7 ,eligible industrial sector ,the term eligible industrial sector means an industrial sector determined by the ,secretary under section #iiac4 7#g7 ,industrial sector ,the term industrial sector means any sector that-- 7,a7 is in the manufacturing sector 7as defined in ,,naics codes #ca1 #cb1 and #cc71 or 7,b7 is part of1 or an entire sector that beneficiates or otherwise processes 7including agglomeration7 metal ores1 including iron and copper ores1 soda ash1 and phosphate4 ,the term industrial sector does not include any part of a sector that extracts fossil fuels1 metal ores1 soda ash1 or phosphate4 7#h7 ,manufactured item for consumption ,the term manufactured item for consumption means any good-- 7,a7 that includes in substantial quantities one or more goods like the goods produced by an eligible industrial sector1 and 7,b7 for which the ,secretary has determined1 with the concurrence of the ,commissioner1 that the application of the border tax adjustment program pursuant to this part is technically and administratively feasible and appropriate to achieve the purposes of this part1 taking into account the greenhouse gas intensity1 and where appropriate the trade intensity1 of the industrial sector that produces the good1 as measured consistent with section #iiac and the ability of the producers to recover cost increases in the marketplace and other appropriate factors4 7#i7 ,,naics ,the term ,,naics means the ,north ,american ,industrial ,classification ,system of #bjjb4 7#aj7 ,output ,the term output means the total tonnage or other standard unit of production 7as determined by the ,secretary7 produced by an entity in an industrial sector4 #iiac4 ,notification of foreign countries 7a7 ,in general ,as soon as practicable after the date of the enactment of the ,stemming ,warming and ,augmenting ,pay ,act of #bjai1 the ,president shall notify each foreign country-- 7#a7 requesting the foreign country to take appropriate measures to limit the greenhouse gas emissions of the foreign country1 and 7#b7 indicating that a border tax adjustment may apply to covered goods imported into and exported from the ,united ,states4 7b7 ,lists 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,stemming ,warming and ,augmenting ,pay ,act of #bjai1 the ,secretary shall promulgate a rule designating1 based on the criteria under subsection 7c77#b71 industrial sectors where covered products are liable for the border tax adjustment4 7#b7 ,content ,the list shall include the amount of the border tax adjustment rate for each covered good in the following calendar year pursuant to section #iiad4 7#c7 ,subsequent lists ,not later than ,january #ca of each calendar year after the calendar year in which the ,stemming ,warming and ,augmenting ,pay ,act of #bjai is enacted1 the ,secretary shall publish in the ,federal ,register an updated version of the list published under paragraph 7#a74 7c7 ,eligible industrial sectors 7#a7 ,presumptively eligible industrial sectors 7,a7 ,eligibility criteria 7i7 ,in general 7,i7 ,imported covered goods are liable under this part if they are produced in the ,united ,states in an industrial sector that is included in a #f-;digit classification of the ,,naics that meets the criteria in both clauses 7ii7 and 7iii74 7,,ii7 ,exported covered goods are eligible under this part if they are produced in the ,united ,states in an industrial sector that is included in a #f-;digit classification of the ,,naics that meets the criteria in clause 7ii74 7ii7 ,greenhouse gas intensity ,as determined by the ,secretary1 an industrial sector meets the criteria of this clause if the ,united ,states industrial sector has a greenhouse gas intensity of at least #e percent1 calculated by dividing-- 7,i7 the number of metric tons of carbon dioxide equivalent greenhouse gas emissions 7including direct emissions from fuel combustion1 process emissions1 and indirect emissions from the generation of electricity used to produce the output of the sector7 of the sector based on data described in subparagraph 7,c71 multiplied by the applicable rate in section #iija7;b77#b71 by 7,,ii7 the value of the shipments of the sector1 based on data described in subparagraph 7,c74 7iii7 ,trade intensity ,as determined by the ,secretary1 an industrial sector meets the criteria of this clause if the industrial sector has a trade intensity of at least #ae percent1 calculated by dividing-- 7,i7 the value of the total imports and exports of the sector1 by 7,,ii7 the value of the shipments plus the value of imports of the sector1 based on data described in subparagraph 7,c74 7,b7 ,metal and phosphate production classified under more than one naics code ,for purposes of this section1 the ,secretary shall-- 7i7 aggregate data for the beneficiation or other processing 7including agglomeration7 of metal ores1 including iron and copper ores1 soda ash1 or phosphate with subsequent steps in the process of metal and phosphate manufacturing1 regardless of the ,,naics code under which the activity is classified1 and 7ii7 aggregate data for the manufacturing of steel with the manufacturing of steel pipe and tube made from purchased steel in a nonintegrated process4 7,c7 ,data sources 7i7 ,value of shipments 7,i7 ,in general ,the ,secretary shall determine the value of shipments under this subsection from data from the ,united ,states ,census ,annual ,survey of ,manufacturers4 7,,ii7 ,average data available ,the ,secretary shall use the average of data from the most recent #c years for which the data are available4 7,,iii7 ,average data not available ,if data described in subclause 7,,ii7 are unavailable1 the ,secretary shall make a determination based on-- 7aa7 data from the most detailed industrial classification level of the ,manufacturing ,energy ,consumption ,survey of the ,energy ,information ,administration1 and 7bb7 data from the most recent ,economic ,census of the ,united ,states4 7,,iv7 ,data not available for sector ,if data from the ,manufacturing ,energy ,consumption ,survey or ,economic ,census are unavailable for any sector at the #f-;digit classification level in the ,,naics1 the ,secretary may use available ,manufacturing ,energy ,consumption ,survey or ,economic ,census data pertaining to a broader industrial category classified in the ,,naics4 7,v7 ,data not available for processing ,if data relating to the beneficiation or other processing 7including agglomeration7 of metal ores 7including iron and copper ores1 soda ash1 or phosphate7 are not available from the specified data sources1 the ,secretary-- 7aa7 shall use the best available ,federal or ,state government data1 and 7bb7 may use1 to the extent necessary1 representative data submitted by entities that perform the beneficiation or other processing 7including agglomeration71 in making a determination4 7ii7 ,imports and exports 7,i7 ,in general ,the ,secretary shall base the value of imports and exports under this subsection on ,united ,states ,international ,trade ,commission data4 7,,ii7 ,average data available ,the ,secretary shall use the average of data from the three most recent years for which the data are available4 7,,iii7 ,average data not available ,if data from the ,united ,states ,international ,trade ,commission are unavailable for any sector at the #f-;digit classification level in the ,,naics1 the ,secretary may use ,united ,states ,international ,trade ,commission data pertaining to a broader industrial category classified in the ,,naics4 7iii7 ,percentages ,the ,secretary shall round the greenhouse gas intensity and trade intensity percentages under subparagraph 7,a7 to the nearest whole number4 7iv7 ,greenhouse gas emission calculations ,when calculating the metric tons of carbon dioxide equivalent greenhouse gas emissions for each sector under subparagraph 7,a77ii77,i71 the ,secretary-- 7,i7 shall use the best available data from the three most recent years for which the data are available1 and 7,,ii7 may1 to the extent necessary with respect to a sector1 use economic and engineering models and the best available information on technology performance levels for the sector4 7#b7 ,administrative determination of additional eligible industrial sectors 7,a7 ,updated trade intensity data ,the ,secretary shall designate as liable for border tax adjustment rate on imported products under this part an industrial sector that-- 7i7 met the greenhouse gas intensity criteria in paragraph 7#a77;,a77ii7 as of the date of promulgation of the rule under paragraph 7#a71 and 7ii7 meets the trade intensity criteria established under paragraph 7#a77;,a77iii71 using data sources described in paragraph 7#a77;,c7 from any year after the passage of this ,act4 7,b7 ,individual showing petition 7i7 ,petition ,in addition to designation under subparagraph 7,a71 the owner or operator of an entity or a group of entities that collectively produce not less than #hj percent of the average annual value of shipments from within the sector of the group consistent with subclause 7,i71 that manufacture similar products in an industrial sector may petition the ,secretary to designate as eligible industrial sectors under this part an entity or a group of entities that-- 7,i7 represent a sector using a standard product classification1 and 7,,ii7 meet the respective import and_/or export eligibility criteria in paragraph 7#a77;,a77i74 7ii7 ,data ,in making a determination under this subparagraph1 the ,secretary shall consider-- 7,i7 data submitted by the petitioner1 7,,ii7 data solicited by the ,secretary from other entities in the sector1 and 7,,iii7 data specified in paragraph 7#a77;,c74 7iii7 ,basis of subsector determination 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,secretary shall determine an entity or group of entities to be a subsector of a #f-;digit section of the ,,naics code based only on the products manufactured and not the industrial process by which the products are manufactured4 7,,ii7 ,type of material ,the ,secretary may determine an entity or group of entities that manufacture a product from primarily virgin material to be a separate subsector from another entity or group of entities that manufacture the same product primarily from recycled material4 7iv7 ,use of most recent data ,in determining whether to designate a sector or subsector as an eligible industrial sector under this subparagraph1 the ,secretary shall use the most recent data available from the sources described in paragraph 7#a77;,c71 rather than the data from the years specified in paragraph 7#a77;,c71 to determine the trade intensity of the sector or subsector1 but only for determining the trade intensity4 7v7 ,final action ,the ,secretary shall take final action on a petition described in this subparagraph not later than #ahj days after the date the completed petition is received by the ,secretary4 7#c7 ,cessation of qualifying activities ,if1 as determined by the ,secretary1 an industrial sector or a covered good within the sector is no longer liable to be designated under this section1 the ,commissioner shall cease to apply the border tax adjustment on the relevant covered goods with effect from ,january #a of the following year4 #iiad4 ,border tax adjustment rate 7a7 ,establishment ,not later than ,january #a1 #bjbj1 the ,secretary1 with the concurrence of the ,commissioner1 shall promulgate regulations-- 7#a7 establishing the products which are liable for1 and requiring payment of1 the border tax adjustment rate1 7#b7 establishing a general methodology for calculating the level of the border tax adjustment rate that a domestic importer of any covered good must submit and the rebate that an exporter will receive1 7#c7 establishing an administrative process whereby any determination by the ,secretary under this subsection may be appealed1 7#d7 exempting from this section products that originate from-- 7,a7 any country that the ,united ,nations has identified as among the least developed of developing countries1 or 7,b7 any country that the ,president has determined to be responsible for less than #j4e percent of total global greenhouse gas emissions and less than #e percent of global production in the eligible industrial sector1 7#e7 specifying the procedures that the ,commissioner will apply for the declaration and entry of covered goods with respect to the eligible industrial sector into the customs territory of the ,united ,states1 and 7#f7 establishing procedures that prevent circumvention of the carbon tax liability for covered goods that are manufactured or processed in more than one foreign country4 7b7 ,presidential discretion ,the ,president may elect not to levy the border tax adjustment for an eligible industrial sector or for specific products within that sector if the ,president determines and certifies to ,congress that the program would not be in the national interest1 economic interest or environmental interest of the ,united ,states4 7c7 ,limitation on imposition of tax ,a border tax adjustment pursuant to this subpart may not be imposed with respect to any calendar year that begins less than one year after regulations are published under subsection 7a74 4 7b7 ,clerical amendment ,the table of subtitles for the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,subtitle ,l4 ,greenhouse ,gas ,emissions 4 7c7 ,effective date ,the amendments made by this section shall apply to emissions after ,december #ca1 #bjai4 ,,ii ,carbon ,reduced ,payroll ,tax #bja4 ,carbon reduced payroll tax 7a7 ,in general ,notwithstanding any other provision of law-- 7#a7 with respect to any taxable year which begins after ,december #ca1 #bjbj1 the rate of tax under section #adja7;a7 of the ,internal ,revenue ,code of #aihf shall be #ab4d percent minus the reduced carbon rate1 and 7#b7 with respect to remuneration received after ,december #ca1 #bjbj-- 7,a7 the rate of tax under #caja7;a7 of such ,code shall be #f4b percent minus one-half of the reduced carbon rate 7including for purposes of determining the applicable percentage under sections #cbja7;a7 and #cbaa7;a77#a7 of such ,code71 and 7,b7 the rate of tax under subsection 7a7 of section #caaa of such ,code shall be #f4b percent minus one-half of the reduced carbon rate 7including for purposes of subsections 7e7 and 7f7 of such section and determining the applicable percentage under section #cbba7;a7 of such ,code74 7b7 ,coordination ,with ,deductions for ,employment ,taxes 7#a7 ,deduction in computing net earnings from self-employment ,for purposes of applying section #adjb7;a77#ab7 of the ,internal ,revenue ,code of #aihf1 the rate of tax imposed by subsection #adja7;a7 of such ,code shall be determined without regard to the reduction in such rate under this section4 7#b7 ,individual deduction ,in the case of the taxes imposed by section #adja of such ,code for any taxable year which begins in the payroll tax carbon period1 the deduction under section #afd7;f7 with respect to such taxes shall be equal to the sum of-- 7,a7 one-half of the portion of such taxes attributable to the tax imposed by section #adja7;a7 7determined after the application of this section71 plus 7,b7 one-half of the portion of such taxes attributable to the tax imposed by section #adja7;b74 7c7 ,reduced carbon rate ,for purposes of this section-- 7#a7 ,in general ,the term reduced carbon rate means the number of percentage points determined by the ,secretary to be-- 7,a7 #a percentage point in the case of any taxable year which begins during calendar year #bjba1 and 7,b7 in the case of any taxable year beginning in a calendar year beginning after calendar year #bjba1 the number of percentage points determined by the ,secretary to be1 for the calendar year the product of-- 7i7 #ab4d1 and 7ii7 #eb4e percent of amounts of estimated taxes received in the ,treasury under subtitle ,l of the ,internal ,revenue ,code of #aihf 7relating to greenhouse gas emissions71 divided by estimated taxes that would have been received in the ,treasury with respect to a calendar year under sections #adja7;a71 #caja7;a71 #caaa7;a71 and the applicable percentage of such taxes under #cbja7;a71 #cbaa7;a77#a71 and #cbba7;a71 were this section not in effect4 7#b7 ,estimates ,for purposes of paragraph 7#a71 the determination of amounts received in the ,treasury shall be made on the basis of estimates by the ,secretary of the ,treasury 7or the ,secretary's delegate71 and proper adjustments shall be made in the amounts subsequently estimated to the extent prior estimates were in excess of or less than actual receipts4 7#c7 ,publication of reduced carbon rate ,not later than ,october #ca of each calendar year1 the ,secretary shall publish the reduced carbon rate determined under this subsection for the succeeding calendar year4 7d7 ,employer ,notification ,the ,secretary of the ,treasury shall notify employers of the payroll tax holiday period in any manner the ,secretary deems appropriate4 7e7 ,transfers of ,funds 7#a7 ,transfers to federal old-age and survivors insurance trust fund ,there are hereby appropriated to the ,federal ,old-,age and ,survivors ,trust ,fund and the ,federal ,disability ,insurance ,trust ,fund established under section #bja of the ,social ,security ,act 7#db ,u4,s4,c4 #dja7 amounts equal to the reduction in revenues to the ,treasury by reason of the application of subsection 7a74 ,amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such ,trust ,fund had such amendments not been enacted4 7#b7 ,transfers to social security equivalent benefit account ,there are hereby appropriated to the ,social ,security ,equivalent ,benefit ,account established under section #ae;,a7a7 of the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bcan-#a7;a77 amounts equal to the reduction in revenues to the ,treasury by reason of the application of subsection 7a77#b74 ,amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such ,account had such amendments not been enacted4 7#c7 ,coordination with other ,federal laws ,for purposes of applying any provision of ,federal law other than the provisions of the ,internal ,revenue ,code of #aihf1 the rate of tax in effect under section #caja7;a7 of such ,code shall be determined without regard to the reduction in such rate under this section4 7f7 ,special rule ,not later than ,october #a of each fiscal year beginning after fiscal year #bjba 7,january #a1 #bjba in the case of fiscal year #bjba71 from amounts in the general fund of the ,treasury not otherwise appropriated1 the ,commissioner of ,social ,security shall pay an amount1 equal to #g4e percent of amounts of taxes received in the ,treasury under subtitle ,l of the ,internal ,revenue ,code of #aihf 7relating greenhouse gas emissions71 to be distributed equally among each individual entitled to monthly insurance benefits under title ,,ii of the ,social ,security ,act1 or to an annuity under section #b of the ,railroad ,retirement ,act of #aigd for the first month of each year4 ,,iii ,distribution of ,revenues ,from ,taxation of ,greenhouse ,gas ,emissions #cja4 ,establishment of the ,carbon ,trust ,fund 7a7 ,creation of ,trust ,fund ,there is hereby created in the ,treasury of the ,united ,states a trust fund to be known as the ,,carbon ,trust ,fund4 7b7 ,transfers to ,trust ,fund ,there are hereby appropriated to the ,,carbon ,trust ,fund amounts equivalent to #ae percent of the taxes received in the ,treasury under subtitle ,l of the ,internal ,revenue ,code of #aihf 7as added by title ,i of this ,act74 #cjb4 ,appropriations from the ,,carbon ,trust ,fund ,amounts in the ,,carbon ,trust ,fund for a fiscal year shall be available1 as provided by appropriation ,acts1 as follows3 7#a7 ,fifty percent of such amounts shall be available for ,state block grants to be used to offset higher energy costs for low-income households4 7#b7 ,fifty percent of such amounts shall be available for climate adaptation1 carbon sequestration1 energy efficiency1 and advanced ,r,d programs4 ,,iv ,amendments to ,federal ,environmental ,statutes #dja4 ,amendments to the ,clean ,air ,act 7a7 ,in general ,title ,,iii of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfja7 is amended by adding at the end the following3 #ccj4 ,moratorium against certain regulations based on greenhouse gas effects 7a7 ,fuels ,unless specifically authorized in section #bjb1 #baa1 #bac1 #bca1 or this section1 after a fossil fuel has passed through a point of taxation as provided in section #iija7;d7 of the ,internal ,revenue ,code of #aihf1 subject to subsection 7g71 the ,administrator shall not publish or enforce any rule limiting the emission of greenhouse gases from the combustion of that fuel under this ,act 7or impose any requirement on any ,state to limit such emission7 on the basis of the emission's greenhouse gas effects4 7b7 ,emissions ,unless specifically authorized in section #bjb1 #baa1 #bac1 #bca1 or this section1 if emission of any greenhouse gas is subject to taxation pursuant to any of sections #iijb through #iijc of the ,internal ,revenue ,code of #aihf1 the ,administrator shall not publish or enforce any rule limiting such emission under this ,act 7or impose any requirement on any ,state to limit such emission7 on the basis of the emission's greenhouse gas effects4 7c7 ,authorized regulation ,notwithstanding subsections 7a7 and 7b71 nothing in this section limits the ,administrator's authority pursuant to any other provision of this ,act-- 7#a7 to limit the emission of any greenhouse gas because of any adverse impact on health or welfare other than its greenhouse gas effects2 7#b7 in limiting emissions as described in paragraph 7#a71 to consider the collateral benefits of limiting the emissions because of greenhouse gas effects2 7#c7 to limit the emission of any other pollutant that is not a greenhouse gas that the ,administrator determines by rule has heat-trapping properties2 or 7#d7 to take any action with respect to any greenhouse gas other than limiting its emission1 including-- 7,a7 monitoring1 reporting1 and record-keeping requirements2 7,b7 conducting or supporting investigations2 and 7,c7 information collection4 7d7 ,exception for certain greenhouse gas emissions ,notwithstanding subsections 7a7 and 7b71 nothing in this section limits the ,administrator's authority to regulate greenhouse gas emissions from-- 7#a7 facilities that are subject to-- 7,a7 subparts ,,oooo or ,o,o,o,oa of part #fj of title #dj1 ,code of ,federal ,regulations1 as in effect on ,january #a1 #bjah1 or 7,b7 would be subject to either subpart ,,oooo or subpart ,o,o,o,oa if those subparts applied to such facilities regardless of the date on which construction1 modification1 or reconstruction commenced1 and 7#b7 ,,potw ,treatment ,plants 7as defined in section #djc4c7r7 of title #dj1 ,code of ,federal ,regulations74 7e7 ,definitions ,in this section1 the terms greenhouse gas and greenhouse gas effects have the meanings given to those terms in section #iijg of the ,internal ,revenue ,code of #aihf4 7f7 ,moratorium expiration ,the moratoria on the ,administrator publishing or enforcing rules limiting the emission of greenhouse gases in subsections 7a7 and 7b7 and section #baa7;c77#e7 of this ,act shall expire on ,january #a1 #bjcd4 7g7 ,exceptions 7#a7 #bjbd ,notwithstanding subsections 7a7 and 7b7 and section #baa7;c77#e7 of this ,act1 if the ,administrator determines by ,march #cj1 #bjbf1 pursuant to the report required by section #iija7;b77#c77;,b7 of the ,internal ,revenue ,code of #aihf1 that total greenhouse gas emissions subject to taxation under sections #iija through #iijc of such ,code during the period #bjba through #bjbe exceed the emission level specified in section #iija7;b77#c77;,c7 of such ,code for calendar year #bjbe1 then beginning on ,october #a1 #bjbf1 the prohibition in subsections 7a7 and 7b7 and section #baa7;c77#e7 of this ,act on publishing or enforcing rules limiting the emission of greenhouse gases 7and imposing any requirement on any ,state to limit such emission7 shall not apply4 7#b7 #bjbh ,notwithstanding subsections 7a7 and 7b7 and section #baa7;c77#e7 of this ,act1 if the ,administrator determines by ,march #cj1 #bjcj1 pursuant to the report required by section #iija7;b77#c77;,b7 of the ,internal ,revenue ,code of #aihf1 that total greenhouse gas emissions subject to taxation under sections #iija through #iijc of such ,code during the period #bjba through #bjbi exceed the emission level specified in section #iija7;b77#c77;,c7 of such ,code for calendar year #bjbi1 then beginning on ,october #a1 #bjcj1 the prohibition in subsections 7a7 and 7b7 and section #baa7;c77#e7 of this ,act on publishing or enforcing rules limiting the emission of greenhouse gases 7and imposing any requirement on any ,state to limit such emission7 shall not apply4 4 7b7 ,new motor vehicles and new motor vehicle engines ,section #bjb7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba7;b77 is amended-- 7#a7 by redesignating the second paragraph 7#c7 7as redesignated by section #bcj7d77;,c7 of ,public ,law #aja-edi 7#ajd ,stat4 #bebi77 as paragraph 7#d72 and 7#b7 by adding at the end the following3 7#e7 ,notwithstanding section #ccj7;a71 the ,administrator may-- 7,a7 limit the emission of any greenhouse gas 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 on the basis of the emission's greenhouse gas effects 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 from any class or classes of new motor vehicles or new motor vehicle engines subject to regulation under subsection 7a77#a72 and 7,b7 grant a waiver under section #bji7;b77#a7 for standards for the control of greenhouse gas emissions4 4 7c7 ,fuels ,section #baa7;c7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;c77 is amended by adding at the end the following new paragraph3 7#e7 ,except as required in section #baa7o71 the ,administrator shall not1 pursuant to this subsection1 impose on any manufacturer1 processor1 or distributor of fuel any requirement for the purpose of reducing the emission of any greenhouse gas 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 produced by combustion of the fuel on the basis of the emission's greenhouse gas effects 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf74 4 7d7 ,nonroad engines and vehicles emissions standards ,section #bac of the ,clean ,air ,act 7#db ,u4,s4,c4 #gedg7 is amended by adding at the end the following3 7e7 ,greenhouse gas emissions ,notwithstanding subsections 7a7 and 7b7 of section #ccj1 the ,administrator may limit the emission of any greenhouse gas 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 on the basis of the emission's greenhouse gas effects 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 from any nonroad engines and nonroad vehicles subject to regulation under this section4 4 7e7 ,aircraft emission standards ,section #bca of the ,clean ,air ,act 7#db ,u4,s4,c4 #geg7 is amended by adding at the end the following new subsection3 7d7 ,notwithstanding subsections 7a7 and 7b7 of section #ccj1 the ,administrator may limit the emission of any greenhouse gas 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 on the basis of the emission's greenhouse gas effects 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 from any class or classes of aircraft engines1 so long as any such limitation is not more stringent than the standards adopted by the ,international ,civil ,aviation ,organization4 4