,,ii #aahth ,,congress #ast ,session ,s4 #caih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #b1 #bjbc,mr4 ,cassidy 7for himself and ,mr4 ,graham7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to impose a fee on certain products imported into the ,united ,states based on the pollution intensity associated with the production of such products1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,foreign ,pollution ,fee ,act of #bjbc4 #b4 ,sense of ,congress2 purpose 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 it is in the interests of the ,united ,states to strive for environmental protection in order to protect human health2 7#b7 the nature of environmental challenges are transnational in nature1 but international cooperative efforts1 including those led by the ,united ,states1 have not resulted in many trading partners adopting measures to address those challenges2 7#c7 the transnational issues related to environmental protection and pollution impact the environment and public health in the ,united ,states and in turn present national security risks because of the environmental and public health risks2 7#d7 the ,united ,states-- 7,a7 has adopted many environmental protections1 including the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq471 and more than #ae other major environmental protection laws that-- 7i7 add costs to the production of goods in order to secure the benefits of environmental protection and conservation efforts2 and 7ii7 serve to meaningfully decrease greenhouse gasses such as carbon dioxide 7,,co#b71 methane 7,,ch#d71 nitrous oxide 7,n#b,o71 sulfur hexafluoride 7,,sf#f71 hydrofluorocarbons 7,h,f,cs71 perfluorocarbons 7,p,f,cs71 and other fluorinated greenhouse gases2 7,b7 is the world's largest consumer market and its economy is highly integrated into the world2 and 7,c7 bears responsibility to ensure that the ,united ,states market does not incentivize forum shopping for the production of goods to jurisdictions with low environmental standards to obtain a competitive cost advantage while undermining efforts to address transnational environmental and resource challenges as well as global public health2 7#e7 it is necessary to apply measures to ensure the environmental conservation efforts of the ,united ,states are not frustrated through such forum shopping2 and 7#f7 the development needs of low-income and lower-middle-income countries must be reasonably taken into consideration while strengthening environmental protection4 7b7 ,purpose ,it is the purpose of this ,act to raise global environmental performance to ensure a healthy environment and secure global public health benefits4 #c4 ,rules of construction 7a7 ,domestic production ,nothing in this ,act1 or any amendments made by this ,act1 shall be construed to authorize the creation of any carbon tax1 fee1 pricing1 or other mechanism that imposes additional costs to any covered product 7as defined in section #dfie7;a7 of the ,internal ,revenue ,code of #aihf1 as added by this ,act7 which is produced domestically and sold1 used1 further refined1 or distributed within ,united ,states or exported to another country for sale or use4 7b7 ,application to other laws ,nothing in this ,act1 or any amendments made by this ,act1 shall be construed to authorize new environmental standards of performance or impact calculations of compliance to standards under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 or any other ,act which examines the environmental impact of domestic production or proposed production4 7c7 ,data collection ,except as expressly authorized under this ,act1 nothing in this ,act1 or any amendments made by this ,act1 shall be construed to authorize additional authority for any agency to collect additional pollution data from a domestic producer4 ,i ,foreign pollution fee #aja4 ,foreign pollution fee 7a7 ,in general ,chapter #ch of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subchapter3 ,e ,foreign pollution fee ,sec4 #dfia4 ,imposition of foreign pollution fee4 ,sec4 #dfib4 ,determination of variable charge4 ,sec4 #dfic4 ,calculation of pollution intensity4 ,sec4 #dfid4 ,treatment of international partnerships4 ,sec4 #dfie4 ,covered products4 ,sec4 #dfif4 ,national ,laboratory ,advisory ,board on ,global ,pollution ,challenges4 ,sec4 #dfig4 ,definitions4 ,sec4 #dfih4 ,establishment process and reassessments4 #dfia4 ,imposition of foreign pollution fee 7a7 ,in general 7#a7 ,imposition of fee ,in the case of any covered product which is imported by a covered entity into the ,united ,states after the applicable date1 there is hereby imposed a fee upon entry or importation of such covered product in an amount equal to the product of-- 7,a7 the amount of such covered product which is imported into the ,united ,states1 and 7,b7 the variable charge 7as determined under section #dfib74 7#b7 ,applicable date 7,a7 ,in general ,for purposes of paragraph 7#a71 the applicable date shall be the date which is #cf months after the date of enactment of this subchapter4 7,b7 ,postponement ,with respect to any covered product produced in a low-income country or lower-middle-income country1 the ,secretary may extend the applicable date under such clause for a period of not greater than #ab months if the ,united ,states ,trade ,representative issues a certification to the appropriate congressional committees that such country is making progress towards an international partnership agreement4 7b7 ,fee due 7#a7 ,in general ,the fee imposed under this section with respect to any covered product shall be paid by the covered entity which imported such product at the same time1 and through the same electronic portal1 that any payment of custom duties are made4 7#b7 ,security for fees ,the ,secretary may issue such regulations or other guidance to require1 or may direct officers of ,u4,s4 ,customs and ,border ,protection to require1 a covered entity to file with the ,secretary a bond or other security in such amount and with such conditions as the ,secretary determines necessary to ensure payment of the fees imposed under this section4 7c7 ,measurement of imported products ,the amount of any covered product which is imported into the ,united ,states shall be determined by the measure ordinarily used in the course of trade of such covered product 7as determined pursuant to the #f-;digit ,,hts subheading number with respect to such product74 7d7 ,amounts and fees ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall allow payment of the fee imposed under this section for such product to be paid by the covered entity in the same manner in which payment of custom duties are made4 #dfib4 ,determination of variable charge 7a7 ,in general ,the variable charge is an ad valorem fee which is specific to a covered product and determined pursuant to the tier to which such covered product is assigned4 7b7 ,tiers 7#a7 ,in general ,tiers for covered products shall be established as follows3 7,a7 ,for covered products for which the pollution intensity difference is greater than #aj percent and not greater than #ej percent1 tiers shall be established at each #e-percentage-point increment4 7,b7 ,for covered products for which the pollution intensity difference is greater than #ej percent and not greater than #bjj percent1 tiers shall be established at each #aj-percentage-point increment4 7,c7 ,for covered products for which the pollution intensity difference is greater than #bjj percent1 tiers shall be established at each #bj-percentage-point increment4 7#b7 ,application of tiers 7,a7 ,in general ,the purposes of the tiers under this section are as follows3 7i7 ,to provide for a standardized organization model for each covered product to allow for proper implementation and application of the fee imposed under section #dfia1 with such tiers to be based on the different pollution intensities for a given covered product based on the country of origin of such covered product 7or1 subject to section #bjd of the ,foreign ,pollution ,fee ,act of #bjbc1 the manufacturer of such covered product74 7ii7 ,to allow for determinations of the variable charge under this section in relation to the tiers in a manner which is specific to the covered product4 7,b7 ,use of tiers in determining variable charge 7i7 ,in general ,in accordance with paragraph 7#a71 tiers shall be established for each covered product1 with the variable charge assigned to each tier in a manner which is consistent with achieving the goals described in subsection 7c77#b7 with respect to such covered product4 7ii7 ,prohibition ,the variable charge assigned to a particular tier for a covered product shall not be used to determine the variable charge assigned to the same tier for a different covered product4 7#c7 ,assignment ,each covered product shall be assigned to the applicable tier which corresponds to the pollution intensity difference with respect to such covered product4 7c7 ,variable charge 7#a7 ,in general ,the variable charge assigned to each tier for a covered product shall be specific to the achievement of the goals in paragraph 7#b74 7#b7 ,goals 7,a7 ,phase one goals ,during the #f-year period beginning after the applicable date described in section #dfia7;a77#b7 7or1 in the case of any covered product added pursuant to subsection 7d7 or 7e7 of section #dfie1 the #f-year period subsequent to the date described in subsection 7f7 of such section71 the goal utilized for establishment of the variable charge with respect to any covered product shall be-- 7i7 in the case of any covered product for which the average pollution intensity difference is greater than #ej percent1 to alter trade flows such that the average pollution intensity difference associated with such covered product is not greater than #ej percent1 7ii7 in the case of any covered product for which the average pollution intensity difference is greater than #be percent and not greater than #ej percent1 to alter trade flows such that the average pollution intensity difference associated with such covered product is not greater than #be percent1 and 7iii7 in the case of any covered product for which the average pollution intensity difference is not greater than #be percent1 to alter trade flows such that the average pollution intensity difference associated with such covered product is not greater than #aj percent4 7,b7 ,phase two goals ,during the #f-year period subsequent to the initial #f-year period described in subparagraph 7,a71 the goal for establishment of the variable charge with respect to any covered product shall be-- 7i7 in the case of any covered product which1 for the initial #f-year period described in such subparagraph1 was described in clause 7i7 of such subparagraph1 to alter trade flows such that the average pollution intensity difference associated with such covered product is not greater than #be percent1 7ii7 in the case of any covered product which1 for the initial #f-year period described in such subparagraph1 was described in clause 7ii7 of such subparagraph1 to alter trade flows such that the average pollution intensity difference associated with such covered product is not greater than #aj percent1 and 7iii7 in the case of any covered product which1 for the initial #f-year period described in such subparagraph1 was described in clause 7iii7 of such subparagraph1 to maintain achievement of the goal described in such clause4 7,c7 ,phase three goals ,for any year subsequent to the period described in subparagraph 7,b71 the goal for establishment of the variable charge with respect to any covered product shall be to alter trade flows such that the average pollution intensity difference associated with such covered product is not greater than #aj percent4 7#c7 ,progression of variable charge 7,a7 ,in general ,to the maximum extent practicable1 the variable charges assigned to each tier of a covered product to achieve the goals described in paragraph 7#b7 shall progress through each tier in a manner consistent with an increasing linear interpolation of the variable charge4 7,b7 ,exception ,with respect to any tier for a covered product and the variable charge assigned to such tier1 the ,board may recommend and the ,secretary may finalize a variable charge that deviates from a linear interpolation of the variable charge as described in subparagraph 7,a71 provided that such alteration allows for a higher likelihood that the goals described in paragraph 7#b7 will be attained4 7#d7 ,minimization of domestic cost increases ,for purposes of this subsection1 any variable charge shall be established in a manner which ensures that the goals described under paragraph 7#b7 are attained while minimizing any potential increase in domestic costs4 7d7 ,exceptions 7#a7 ,comparable to baseline pollution intensity ,in the case of any covered product for which the pollution intensity difference is not greater than #aj percent1 the variable charge shall be zero4 7#b7 ,insufficient domestic production 7,a7 ,in general ,in the case of any covered product for which the ,secretary determines there is not sufficient domestic production with respect to such product1 the variable charge shall be zero4 7,b7 ,definition 7i7 ,in general ,for purposes of this paragraph1 the term sufficient domestic production means any covered product for which an equivalent product which is produced by domestic producers within the ,united ,states constitutes greater than the applicable percentage of domestic consumption of such product4 7ii7 ,applicable percentage 7,i7 ,in general ,for purposes of clause 7i71 the applicable percentage shall be equal to-- 7aa7 #e percent1 or 7bb7 in the case of any covered product described in subclause 7,,ii71 such percentage below #e percent as is determined appropriate by the ,secretary4 7,,ii7 ,specified product ,a covered product described in this subclause is a product-- 7aa7 which the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 has determined requires an applicable percentage below #e percent for purposes of supporting-- 7,,aa7 national security1 7,,bb7 prevention of dumping from foreign countries1 or 7,,cc7 development of a domestic industry1 or 7bb7 for which1 as a result of an international partnership agreement1 a country which is a party to such agreement produces not less than #e percent of ,united ,states domestic consumption of such covered product4 7,c7 ,adjustment ,in the case of any covered product for which no variable charge is imposed under this section pursuant to a determination under subparagraph 7,a71 the ,secretary shall-- 7i7 review such determination not less than annually1 and 7ii7 if the ,secretary's review determines that sufficient domestic production has been attained with respect to such product1 terminate application of subparagraph 7,a7 for such product4 7,d7 ,exception ,this paragraph shall not apply with respect to any product which is included as a covered product pursuant to section #dfie7;d74 7#c7 ,national security 7,a7 ,product waiver 7i7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,defense and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 may reduce the variable charge to zero for any covered product if the ,secretary determines that such product is imported for purposes of fulfilling a contract with-- 7,i7 the ,department of ,defense1 or 7,,ii7 any contractor of the ,department of ,defense4 7ii7 ,form 7,i7 ,in general ,any reduction under this subparagraph shall only apply to a covered product-- 7aa7 for the period that the contract described in clause 7i7 is in effect1 and 7bb7 with respect to the quantity of such covered product which is required to fulfill the contract described in such clause4 7iii7 ,publication ,the ,secretary shall make public any reduction under this subparagraph with respect to a covered product unless the publication of such information would negatively affect national security4 7,b7 ,international partnership agreements ,in the case of-- 7i7 any upper-middle-income country1 or 7ii7 any country which has entered into a mutual defense treaty or security partnership with the ,united ,states1 the ,united ,states ,trade ,representative 7in consultation with the ,secretary of ,defense and the ,secretary of ,state7 may permit such country to be subject to the requirements applicable to a low-income country or a lower-middle-income country under section #bjc of the ,foreign ,pollution ,fee ,act of #bjbc if completion of an international partnership agreement with such country is determined to assist in the national security or geopolitical positioning of the ,united ,states4 7#d7 ,free trade agreement ,in the case of any covered product-- 7,a7 which is produced in a country with which the ,united ,states has a free trade agreement1 7,b7 for which all of the transforming parts or components parts necessary to produce such covered product are produced within-- 7i7 any country with which the ,united ,states has a free trade agreement1 or 7ii7 the ,united ,states1 and 7,c7 for which the pollution intensity difference is not greater than #ej percent1 the variable charge shall be zero4 7e7 ,limitation ,subsection 7d7 shall not apply to any covered product which is produced in a country which is classified as a nonmarket economy country unless such country-- 7#a7 is a low-income country or a lower-middle-income country1 and 7#b7 is a party to an international partnership agreement4 7f7 ,circumvention 7#a7 ,in general ,if the ,secretary 7in consultation with the ,united ,states ,trade ,representative1 the appropriate congressional committees1 and any relevant ,federal agency7 determines that any country is attempting to circumvent application of the fee imposed under section #dfia1 the ,secretary shall adjust the variable charge in such manner is as deemed necessary to offset such circumvention4 7#b7 ,inclusion ,for purposes of this subsection1 circumvention of the fee imposed under section #dfia shall include-- 7,a7 artificially decreasing the price for which a covered product is sold1 and 7,b7 subsidization to producers within the country of origin to offset such fee4 7#c7 ,determination ,if the ,secretary determines that a country is attempting to circumvent application of the fee imposed under section #dfia1 the ,secretary shall publish in the ,federal ,register-- 7,a7 a justification for such determination1 7,b7 the adjusted variable charge applicable to any covered product produced in such country1 and 7,c7 the date 7not later than #f months after the date of publication7 on which the adjusted variable charge will begin application4 #dfic4 ,calculation of pollution intensity 7a7 ,in general ,for purposes of determining the applicable tiers for covered products under section #dfib7;b71 the ,secretary and the ,board shall develop consistent methods for calculating the pollution intensity of any covered product which are specific to the country of origin4 7b7 ,form 7#a7 ,in general ,with respect to any covered product1 the pollution intensity of such product shall be expressed based on the average pollution intensity associated with the manufacturing of such product 7including point source pollution and upstream pollution7 in the country of origin4 7#b7 ,specificity 7,a7 ,in general ,to the maximum extent practicable1 the pollution intensity of a covered product shall be specific to the applicable #f-;digit ,,hts subheading number4 7,b7 ,crude oil ,in the case of a covered product described in section #dfie7;a77#d71 the pollution intensity of the covered product shall be specific to the applicable #h-;digit ,,hts subheading number4 7#c7 ,exception ,in the case of a covered product 7with the exception of a covered product described in section #dfie7;a77#d77 for which data is not available to determine pollution intensity in a manner specific to the #f-;digit ,,hts subheading number1 the ,secretary and the ,board may determine the pollution intensity based on the applicable #d-;digit ,,hts heading4 7c7 ,data 7#a7 ,in general ,to the extent necessary for any determination with respect to any covered product1 the ,secretary and the ,board may use-- 7,a7 economic1 statistical1 and engineering models and analysis1 7,b7 pollution monitoring data from facilities1 satellites1 and other pollution monitoring tools1 provided that such data-- 7i7 is publicly available1 or 7ii7 is not publicly available but is able to be accessed and verified on a consistent basis by the ,secretary or the head of any relevant ,federal agency1 7,c7 voluntarily reported data1 provided that such data is-- 7i7 a product of monitored emissions1 and 7ii7 able to be verified by the ,secretary or the ,board1 7,d7 the best available information on technology performance levels for the industrial sector that produces such product1 and 7,e7 manufacturing and pollution data which is specific to a covered product1 including relevant data with respect to the point source pollution and upstream pollution1 the industrial sector which is associated with such product1 and the country of origin4 7#b7 ,data preference 7,a7 ,in general ,to the greatest extent possible1 in determining baseline pollution intensity1 the ,secretary and the ,board shall give preference to data collected through regulatory reporting methods by the ,environmental ,protection ,agency4 7,b7 ,data collection ,to the extent necessary to carry out the purposes of this subchapter1 the ,administrator may alter the ,greenhouse ,gas ,reporting ,program 7as established under part #ih of title #dj1 ,code of ,federal ,regulations7 to include the reporting of production from stationary sources regarding-- 7i7 the quantity of any product produced1 and 7ii7 the heading1 subheading1 and statistical reporting number of the ,,hts under which the product would be classified if the product were imported4 7#c7 ,access to information 7,a7 ,in general ,the head of every relevant ,federal agency shall provide the ,secretary and the ,board with any information held by or otherwise available to the head of such ,federal agency which is relevant to the calculation of pollution intensity4 7,b7 ,confidentiality ,with respect to any information or data relating to operational practices or manufacturing processes of any producer of a covered product which is provided to the ,secretary and the ,board pursuant to subparagraph 7,a71 unless such information or data is otherwise publicly available1 the head of any relevant ,federal agency shall take such measures as are necessary to ensure that such information and data is aggregated and anonymized4 7d7 ,methodology 7#a7 ,in general ,for purposes of creating a process for calculating the pollution intensity of any covered product under subsection 7a71 the ,secretary and the ,board shall-- 7,a7 use the best1 and most granular1 data available in the ,united ,states to establish the baseline pollution intensity with respect to such product1 and 7,b7 in the case of a covered product produced outside of the ,united ,states1 base the calculation of the pollution intensity of such product on the process used to establish the baseline pollution intensity for such product4 7#b7 ,treatment of different manufacturing methods and locations ,for purposes of calculating the baseline pollution intensity of a covered product1 such calculations shall seek to account for differences in pollution intensity due to-- 7,a7 varied manufacturing methods1 7,b7 differences in geographic location associated with upstream pollution intensity1 and 7,c7 the proportion of manufacturing of such product which is associated with the methods and differences described in subparagraphs 7,a7 and 7,b7 relative to total domestic production of such product4 7#c7 ,treatment of recycled materials ,any recycled material 7as defined in section #bdf4aja7w7 of title #dj1 ,code of ,federal ,regulations7 shall be deemed to have a pollution intensity of zero if recycled 7as defined in section #bdf4aja7x7 of such title7 into-- 7,a7 a contributing part1 7,b7 a component part1 or 7,c7 a covered product4 7#d7 ,treatment of carbon oxides 7,a7 ,in general ,any carbon oxide captured from manufacturing processes or from ambient air by the producer of a covered product1 or verifiably purchased by the producer of a covered product as an offset from an entity operating carbon capture infrastructure1 shall have the effect of reducing the pollution associated with the production of a covered product if such carbon oxide is-- 7i7 utilized in the creation of a contributing part1 component part1 transforming part1 or covered product1 7ii7 utilized to help access a contributing part1 component part1 transforming part1 or covered product that is extracted from a geologic formation1 or 7iii7 verifiably sequestered in the country of origin of such product in a manner which provides an accurate accounting of the storage of such carbon oxide4 7,b7 ,accounting ,any carbon oxide utilized or sequestered as described in subparagraph 7,a7 shall be-- 7i7 treated as a reduction in pollution associated with the production of a covered product based on the total tons of carbon oxide utilized or sequestered1 and 7ii7 eligible to offset all forms of pollution based on the relevant carbon dioxide equivalent value4 7#e7 ,treatment of covered products with multiple parts 7,a7 ,in general ,in the case of a covered product described in subparagraph 7,b7 which contains any covered component part or covered transforming part1 to the maximum extent practicable1 the pollution intensity of such covered component part or covered transforming part shall be calculated based on-- 7i7 the amount of such covered component part or covered transforming part originating in each country of origin 7including the ,united ,states7 which supply such covered component part or covered transforming part for the covered product1 and 7ii7 the pollution intensity associated with production of such covered component part or covered transforming part within the country of origin4 7,b7 ,de minimis rule ,for purposes of subparagraph 7,a71 a covered component part or covered transforming part shall not be included if such covered component part or covered transforming part accounts for less than #e percent of-- 7i7 the total weight of the covered product1 7ii7 the total monetary value of the covered component parts or covered transforming parts contained in the covered product1 and 7iii7 the pollution intensity of the covered product 7as otherwise determined under such subparagraph74 7,c7 ,additional measurements ,in the case of a petition to include a product which contains any other covered component part or covered transforming part as a covered product under section #dfie7;d71 such petition-- 7i7 shall provide such information as is deemed necessary to make any calculation under subparagraph 7,a71 and 7ii7 may include1 at the election of the petitioner1 additional calculations to achieve an accurate determination of the pollution intensity of such product which are not tied solely to the pollution intensity of the covered component part or covered transforming part4 7#f7 ,treatment of facility-specific agreements ,for the purpose of determining the pollution intensity of any covered product which is produced in a foreign country1 if-- 7,a7 such product is produced in a facility which is-- 7i7 located in such country1 and 7ii7 covered by an agreement established under section #bjd of the ,foreign ,pollution ,fee ,act of #bjbc1 and 7,b7 the pollution intensity of the product produced in such facility would otherwise lower the average pollution intensity associated with the production of such product in such country1 the pollution intensity of the product produced in such facility shall not be included for purposes of calculating the pollution intensity associated with production of such product in the country of origin4 7e7 ,alterations for foreign data ,for purposes of determining the pollution intensity values with respect to any country of origin for a covered product1 if-- 7#a7 the baseline pollution intensity for such covered product was determined utilizing a methodology based on data described in subsection 7c7 which was provided at a more localized level1 or in more granular detail1 than the data available with respect to the country of origin1 or 7#b7 due to unavailable or unverifiable data with respect to the country of origin1 such determination required estimation through modeling which was not performed for purposes of the calculation of the baseline pollution intensity1 the pollution intensity otherwise determined under this section with respect to production of such covered product in such country of origin shall be increased by #bj percent4 7f7 ,foreign illustration of pollution intensity 7#a7 ,in general ,any country may provide the ,secretary with access to any data necessary to establish an alternative pollution intensity with respect to any covered product4 7#b7 ,alternative pollution intensity 7,a7 ,in general ,in the case of a country which provides data described in paragraph 7#a71 the ,secretary may adjust the pollution intensity with respect to any covered product1 provided that the country providing such data-- 7i7 ensures the accuracy of all relevant data for all covered products1 7ii7 provides data at a level of granularity which satisfies the methods established by the ,board1 and 7iii7 provides the data consistently and in a manner that is verifiable by the ,secretary4 7,b7 ,role of the ,board ,for purposes of this paragraph1 the ,board shall assist the ,secretary by verifying relevant data and calculating adjustments to pollution intensities4 7#c7 ,publication of alternative pollution intensity values ,in the case of any pollution intensity with respect to any covered product which is adjusted pursuant to paragraph 7#b7-- 7,a7 the ,secretary shall publish such adjustment in the ,federal ,register1 and 7,b7 such adjustment shall take effect in the following calendar year4 7g7 ,treatment of potential circumvention and outliers 7#a7 ,in general ,on or after the date of the first reassessment required under section #dfih1 the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 may assign a product which is produced by a foreign producer to a tier which is different from the tier determined under section #dfib with respect to the country of origin in which such producer is located if-- 7,a7 subsequent to the applicable date 7as described in section #dfia7;a77#b771 such foreign producer has increased production of such product by not less than #e percent through the establishment of a new production facility or the expansion of an existing production facility1 and 7,b7 the increase in production described in subparagraph 7,a7 results in an increase in pollution intensity associated with production of such product by such foreign producer which is at least #e percent greater than the pollution intensity associated with production of such product in such country 7as determined under paragraph 7#b774 7#b7 ,comparison of pollution intensity ,for purposes of paragraph 7#a77;,b71 the pollution intensity associated with production of a covered product in a foreign country shall be equal to the lowest pollution intensity determination with respect to production of such product in such country for any period beginning after the applicable date under section #dfia7;a77#b74 7#c7 ,treatment of foreign ownership ,for purposes of paragraph 7#a71 if the ,secretary determines that-- 7,a7 a foreign producer is owned1 operated1 or majority financed by-- 7i7 a country 7referred to in this paragraph as the base country7 other than the country in which the production facility is located1 or 7ii7 an entity which is headquartered in the base country1 and 7,b7 the pollution intensity associated with production of the covered product in the base country is greater than the pollution intensity associated with production of such product by the foreign producer1 the ,secretary shall assign the covered product which is produced by such foreign producer to the same tier determined under section #dfib with respect to production of such covered product in the base country4 7#d7 ,foreign producer ,for purposes of this subsection1 the term foreign producer means any producer which is not a domestic producer4 #dfid4 ,treatment of international partnerships 7a7 ,adjustment of fee for partner countries ,in the case of a covered product which is produced in a country which is a party to an international partnership agreement which satisfies the conditions under sections #bja and #bjb of the ,foreign ,pollution ,fee ,act of #bjbc 7referred to in this section as a partner country71 no fee under section #dfia shall apply4 7b7 ,elimination of treatment of foreign data ,section #dfic7;e7 shall not apply to any partner country4 #dfie4 ,covered products 7a7 ,in general ,the term covered product means articles classifiable under the same #f-;digit subheading number of the ,,hts within one of the following categories3 7#a7 ,aluminum classifiable under any of headings #gfja through #gfaf of the ,,hts4 7#b7 ,biofuels classifiable under subheading #bbjg4aj or #bbjg4bj1 or heading #chbf1 of the ,,hts4 7#c7 ,cement classifiable under heading #bebc1 #fhaj1 or #fhaa1 or subheading #chbd4ej1 of the ,,hts4 7#d7 ,crude oil classifiable under heading #bgji of the ,,hts4 7#e7 ,glass classifiable under any of headings #gjja through #gjbj of the ,,hts4 7#f7 ,hydrogen1 methanol1 or ammonia classifiable under heading #bhad or any of subheadings #bhjd4aj1 #bije4aa1 #cajb4aj1 #cajb4cj1 or #cajb4hj the ,,hts4 7#g7 ,iron and steel classifiable under any of headings #gbja through #gcbf of the ,,hts4 7#h7 ,lithium-ion batteries classifiable under subheading #hejg4fj of the ,,hts4 7#i7 ,minerals classifiable under any of the following headings or subheadings of the ,,hts3 #bejdbhbe4ejchja4ajbfab4ajbhbg4dagdja through #gdjdbhjd4fibhcc4bdgdjfbhbj4ajbhcf4iagej a through #gejdbhbb4jjbhdd4ajhaje4bjbhbe4bjbhdd4bj haje4cjbhbe4djbhdd4cjhaaa4 7#aj7 ,natural gas classifiable under subheading #bgaa4aa or #bgaa4ba of the ,,hts4 7#aa7 ,petrochemicals classifiable under heading #bija or subheading #bgaa4ad of the ,,hts4 7#ab7 ,plastics classifiable under any of headings #cija through #cibf of the ,,hts4 7#ac7 ,pulp and paper classifiable under any of headings #dgja through #dgjg or #dhja through #dhac of the ,,hts4 7#ad7 ,refined petroleum products classifiable under any of headings #bgaj1 #bgab through #bgae1 or #bhjc or subheadings #bijb4bj1 #bijb4cj1 or #bijb4dd1 of the ,,hts4 7#ae7 ,solar cells and panels classifiable under any of subheadings #heda4db through #heda4dc or #heja4ga through #heja4hj of the ,,hts4 7#af7 ,wind turbines classifiable under subheading #hejb4ca of the ,,hts4 7b7 ,determination of relevant ,,hts numbers 7#a7 ,in general ,the ,secretary shall include1 in the final rule required by section #dfih1 a list of covered products that includes the appropriate heading or subheading of the ,,hts for each such product4 7#b7 ,scope ,inclusion of a ,,hts code under paragraph 7#a7 shall only apply with respect to a covered product if such product is-- 7,a7 described in subsection 7a7 and not subject to an exception under section #dfib7;d77#b71 or 7,b7 added pursuant to subsection 7d7 or 7e74 7c7 ,naturally occurring covered products 7#a7 ,pollution intensity calculations ,in the case of a naturally occurring covered product which is refined in a manner whereby such product becomes a transforming part for multiple other products 7referred to in this paragraph as a resulting product71 the pollution intensity associated with the refining of the naturally occurring covered product shall be divided between the resulting products in a manner consistent with the proportion of the naturally occurring product which is utilized in each resulting product and the quantity of each resulting product4 7#b7 ,definition ,for purposes of this subsection1 the term naturally occurring covered product means crude oil or minerals4 7d7 ,additional covered products 7#a7 ,in general ,an eligible entity may submit a petition 7or1 in the case of more than one eligible entity1 may jointly submit a petition7 to the ,secretary for any product 7based on the #f-;digit subheading number of the product under the ,,hts7 to be included as a covered product for purposes of this subchapter4 7#b7 ,eligible entity ,for purposes of this subsection1 the term eligible entity means1 with respect to any product-- 7,a7 a domestic producer of such product1 7,b7 trade organizations consisting of producers of such product1 7,c7 labor unions representing individuals employed in the production of such product1 and 7,d7 individuals employed in the production of such product4 7#c7 ,threshold ,the ,secretary may not approve a petition described in paragraph 7#a7 with respect to any product unless not less than #ej percent of the total annual domestic production with respect to such product is attributable to domestic producers which are represented in such petition4 7#d7 ,measurement 7,a7 ,in general ,for purposes of determining whether the total annual domestic production requirement under paragraph 7#c7 has been satisfied1 the petitioners may elect whether such determination shall be made on the basis of-- 7i7 net tons of production during the preceding year1 or 7ii7 net monetary value of sales of the product during the preceding year4 7,b7 ,treatment of trade organizations ,for purposes of subparagraph 7,a71 in the case of a trade organization described in paragraph 7#b77;,b71 the total annual domestic production attributable to any domestic producer which is part of such organization shall be included for purposes of determining whether the requirement under such subparagraph has been satisfied4 7,c7 ,treatment of labor unions and individuals ,for purposes of subparagraph 7,a71 in the case of a labor union described in paragraph 7#b77;,c7 or individuals described in paragraph 7#b77;,d7 7referred to in this subparagraph as petitioning employees71 the total annual domestic production attributable to such labor union or the petitioning employees shall be determined based on-- 7i7 the total production of the product during the preceding year by any producer that employs members of such labor union or petitioning employees1 and 7ii7 the percentage of the total number of employees of such producers during the preceding year who are members of such labor union or petitioning employees4 7,d7 ,exclusion of double counting ,in the case of more than #a eligible entity which is included in a petition1 the ,secretary shall ensure that any production attributable to each such eligible entity is not included in the determination under paragraph 7#c7 more than once4 7#e7 ,petition ,with respect to any product1 the petition described in paragraph 7#a7 shall include-- 7,a7 the applicable ,,hts code with respect to such product1 7,b7 the eligible entities and the percentage of domestic production represented by such eligible entities1 and 7,c7 proposed methods for determination of the pollution intensity with respect to such product4 7#f7 ,pollution intensity ,for purposes of paragraph 7#e77;,c71 the proposed methods shall-- 7,a7 satisfy the applicable requirements under section #dfic1 7,b7 utilize existing pollution intensity values for any covered component part1 covered contributing part1 or covered transforming part contained in the product1 and 7,c7 at the election of the petitioner1 for purposes of achieving an accurate calculation of pollution intensity1 include additional methods to determine the pollution intensity of any component part or transforming part which is not included under subparagraph 7,b74 7#g7 ,implementation 7,a7 ,in general ,not later than #cj days after the date on which the petition described in paragraph 7#a7 was received by the ,secretary1 the ,secretary shall determine whether the domestic production requirement under such paragraph is satisfied with respect to the product to be included as a covered product4 7,b7 ,inclusion as covered product ,for purposes of subparagraph 7,a71 if the ,secretary determines that the domestic production requirement under paragraph 7#c7 is satisfied with respect to the product-- 7i7 such product shall be included as a covered product for purposes of this subchapter1 7ii7 the inclusion of such product as a covered product shall be published in the ,federal ,register1 and 7iii7 such product shall be subject to the rulemaking process under section #dfih7;d74 7,c7 ,determination of pollution intensity ,subsequent to any determination under subparagraph 7,b7 to include a product as a covered product for purposes of this subchapter1 the ,board shall-- 7i7 review the proposed methods for determination of the pollution intensity with respect to such product 7as described in paragraph 7#e77;,c771 and 7ii7 make any adjustments necessary to-- 7,i7 ensure compliance with the requirements under section #dfic1 and 7,,ii7 account for availability of necessary data and information for such determination4 7e7 ,critical minerals 7#a7 ,in general ,in the case of any mineral which-- 7,a7 is not described in subsection 7a77#i71 and 7,b7 is included on the list of critical minerals published by the ,united ,states ,geological ,survey1 the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 may elect to include such mineral as a covered product for purposes of this subchapter4 7#b7 ,publication and rulemaking ,in the case of any mineral which is included as a covered product by the ,secretary pursuant to paragraph 7#a7-- 7,a7 the inclusion of such product as a covered product shall be published in the ,federal ,register1 and 7,b7 such product shall be subject to the rulemaking process under section #dfih7;d74 7f7 ,application for additional covered products ,with respect to any product included as a covered product under subsection 7d7 or 7e71 imposition of the fee under section #dfia shall take effect in the first calendar year beginning after the issuance of the final rule described in section #dfih7;d77#a77;,b74 #dfif4 ,national ,laboratory ,advisory ,board on ,global ,pollution ,challenges 7a7 ,in general 7#a7 ,establishment ,there is hereby established the ,national ,laboratory ,advisory ,board on ,global ,pollution ,challenges 7referred to in this subchapter as the ,board74 7#b7 ,duties ,the ,board shall-- 7,a7 in accordance with section #dfic1 establish methods of calculating-- 7i7 the baseline pollution intensity1 as determined based on production of the covered product in the ,united ,states1 and 7ii7 the respective pollution intensity for production of such covered product in any foreign country1 7,b7 provide recommendations for rulemaking and reassessments in accordance with section #dfih1 and 7,c7 provide assistance with regard to subsections 7f7 and 7g7 of section #dfic1 as well as any other requests from the ,secretary4 7#c7 ,chair ,the chair of the ,board 7referred to in this section as the ,chair7 shall be the ,director of the ,national ,energy ,technology ,laboratory4 7#d7 ,deputy chairs ,the deputy chairs of the ,board 7referred to in this section as the ,deputy ,chairs7 shall be-- 7,a7 the ,director of ,idaho ,national ,laboratory1 7,b7 the ,director of the ,national ,renewable ,energy ,laboratory1 7,c7 the ,director of the ,pacific ,northwest ,national ,laboratory1 and 7,d7 the ,chair of the ,council of ,environmental ,quality4 7#e7 ,other board members 7,a7 ,in general ,in addition to the ,chair and ,deputy ,chairs1 the ,board shall consist of-- 7i7 #b representatives from each of the industrial sectors described in paragraphs 7#a7 through 7#af7 of section #dfie7;a71 and 7ii7 #a representative from each relevant ,federal agency1 as designated by such agency4 7,b7 ,appointment 7i7 ,initial appointment ,for purposes of subparagraph 7,a77i71 each industrial sector described in paragraphs 7#a7 through 7#af7 of section #dfie7;a7 shall 7pursuant to clause 7ii77 designate the representatives to serve for the #cf-month period subsequent to the date of enactment of this subchapter4 7ii7 ,appointment process ,the ,secretary shall establish a process by which-- 7,i7 an individual who would satisfy the requirements described in subparagraph 7,c7 can be nominated 7including by self-nomination7 to serve as a representative on the ,board1 7,,ii7 allows each domestic producer of the relevant industrial sector the opportunity to elect individuals nominated under subclause 7,i7 to serve on the ,board1 7,,iii7 any representative elected to serve on the ,board is designated in a timely manner with respect to relevant rulemakings under section #dfih1 and 7,,iv7 a new round of nominations and elections occurs for each reassessment under section #dfih7;c74 7,c7 ,representatives ,for purposes of subparagraph 7,a77i71 each elected representative shall be the highest ranking officer 7or their designee7 of a domestic producer which-- 7i7 manufactures a product which is included under paragraphs 7#a7 through 7#af7 of section #dfie7;a71 and 7ii7 has annual revenues of greater than #dj1jjj1jjj4 7#f7 ,approval of recommendations ,for purposes of any recommendations required to be submitted to the ,secretary under subsection 7b71 not less than two-thirds of the representatives described in paragraph 7#e77;,a77i7 shall be required to approve such recommendation4 7#g7 ,staff 7,a7 ,in general ,with respect to carrying out any duties described in paragraph 7#b71 any laboratory described in paragraph 7#c7 or 7#d7 may designate staff to assist with such duties4 7,b7 ,detailees ,upon the ,board's request1 the ,administrator1 the ,secretary of ,energy1 and the ,director of the ,office of ,science and ,technology ,policy shall detail1 without reimbursement1 employees from each agency to assist the ,board in carrying out its duties under this section4 7b7 ,failure ,to submit recommendations ,in any case in which the ,board fails to timely transmit a recommendation under section #dfih1 the ,secretary may establish rules1 or alter reassessments1 required under this section or section #dfih without consultation of the ,board4 7c7 ,no cause of action ,any recommendation1 verification1 or report issued by the ,board under this section shall not create or give rise to any claim or cause of action4 #dfig4 ,definitions 7a7 ,in general ,for purposes of this subchapter-- 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives4 7#c7 ,baseline pollution intensity ,the term baseline pollution intensity means the pollution intensity associated with production of a covered product in the ,united ,states4 7#d7 ,carbon dioxide equivalent ,the term carbon dioxide equivalent means1 with respect to a greenhouse gas1 the quantity of such gas that has a global warming potential equivalent1 determined over a #ajj-year period1 to #a metric ton of carbon dioxide1 as determined pursuant to table ,a-#a of subpart ,a of part #ih of title #dj1 ,code of ,federal ,regulations1 as in effect on ,january #a1 #bjbc4 7#e7 ,component part ,the term component part means1 with respect to a covered product1 any component which is contained as an independent product utilized in the completed covered product4 7#f7 ,contributing part ,the term contributing part means1 with respect to a covered product1 any product which was used in the creation of such covered product in a manner which is consistent with-- 7,a7 combustion of such product to provide energy to produce the covered product1 or 7,b7 utilization of such product to provide electricity necessary to operate machinery used to create the covered product4 7#g7 ,country of origin ,the term country of origin means-- 7,a7 the country in which a covered product was produced1 or 7,b7 the last country in which a covered product was substantially transformed1 as determined in a manner consistent with ,u4,s4 ,customs and ,border ,protection procedures1 directly prior to importation into the ,united ,states4 7#h7 ,covered component part ,the term covered component part means any component part which is itself a covered product4 7#i7 ,covered contributing part ,the term covered contributing part means any contributing part which is itself a covered product4 7#aj7 ,covered entity ,the term covered entity means importer of record of a covered product at the time of the importation of such product4 7#aa7 ,covered transforming part ,the term covered transforming part means any transforming part which is itself a covered product4 7#ab7 ,domestic producer ,the term domestic producer means a producer which-- 7,a7 has filed their articles of incorporation in the ,united ,states1 and 7,b7 is not a subsidiary of an entity which is incorporated in a nonmarket economy country4 7#ac7 ,export or development financing ,the term export or development financing means financing-- 7,a7 for the purposes of-- 7i7 developing international production capacity1 or 7ii7 securing the exportation of goods or technology manufactured in the ,united ,states 7including technologies used to manufacture covered products71 and 7,b7 which is provided by-- 7i7 the ,department of ,energy1 7ii7 the ,department of ,commerce1 7iii7 the ,department of ,state1 7iv7 the ,export-,import ,bank of the ,united ,states1 7v7 the ,united ,states ,international ,development ,finance ,corporation1 7vi7 the ,trade and ,development ,agency1 7vii7 the ,united ,states ,agency for ,international ,development1 or 7viii7 the ,office of the ,united ,states ,trade ,representative4 7#ad7 ,free trade agreement ,the term free trade agreement means an agreement with #a or more countries which-- 7,a7 reduces or eliminates tariffs and non-tariff barriers between the countries party to such agreement1 and 7,b7 is approved by ,congress4 7#ae7 ,greenhouse ,gas ,the term greenhouse gas has the meaning given such term in section #ih4f of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subchapter74 7#af7 ,,hts ,the term ,,hts means the ,harmonized ,tariff ,schedule of the ,united ,states4 7#ag7 ,international partnership agreement ,the term international partnership agreement means an international partnership agreement established pursuant to title ,,ii of the ,foreign ,pollution ,fee ,act of #bjbc4 7#ah7 ,nonmarket economy country ,the term nonmarket economy country has the meaning given such term in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah774 7#ai7 ,point source pollution ,the term point source pollution means pollution emitted into the ambient air at the site of the manufacturing of a product4 7#bj7 ,pollution ,the term pollution means greenhouse gas emissions4 7#ba7 ,pollution intensity ,the term pollution intensity means the amount of greenhouse gases 7as determined under section #dfic71 expressed in metric tons of carbon dioxide equivalent1 which are emitted into the atmosphere in the production of a single unit of a covered product 7as determined pursuant to section #dfia7;c774 7#bb7 ,pollution intensity difference ,the term pollution intensity difference means1 with respect to any covered product1 the difference 7expressed as a percentage7 between-- 7,a7 the pollution intensity associated with production of such product in the country of origin1 and 7,b7 the baseline pollution intensity with respect to such product4 7#bc7 ,producer ,the term producer means the entity responsible for the creation of a product through-- 7,a7 a manufacturing process1 or 7,b7 in the case of a geologic resource1 extraction4 7#bd7 ,product ,the term product means any article1 regardless of whether such article is-- 7,a7 exported from the country of origin1 or 7,b7 produced and sold only within the country of origin4 7#be7 ,relevant ,federal agency ,the term relevant ,federal agency means-- 7,a7 the ,department of the ,treasury1 7,b7 the ,department of ,energy1 7,c7 the ,office of the ,united ,states ,trade ,representative1 7,d7 the ,department of ,commerce1 7,e7 the ,department of ,state1 7,f7 the ,environmental ,protection ,agency1 7,g7 the ,council on ,environmental ,quality1 7,h7 the ,office of ,science and ,technology ,policy1 and 7,i7 the ,department of ,homeland ,security4 7#bf7 ,transforming part ,the term transforming part means a product which is substantially transformed or refined into another product4 7#bg7 ,upstream pollution ,the term upstream pollution means1 with respect to any covered product-- 7,a7 the pollution associated with all covered component parts1 covered contributing parts1 and covered transforming parts1 and 7,b7 any fugitive pollution which occurs during extraction1 refining1 and transport of any part described in subparagraph 7,a74 7b7 ,world ,bank classifications ,for purposes of this subchapter-- 7#a7 ,in general ,subject to paragraph 7#b71 the terms high-income country1 upper-middle-income country1 lower-middle-income country1 and low-income country shall be defined based on the classification of the economy of a country by the ,world ,bank4 7#b7 ,high-income and upper-middle-income countries ,in the case of any country which1 as of ,january #a1 #bjbc1 is classified by the ,world ,bank as a high-income country or an upper-middle-income country1 such country shall not be eligible to be reclassified as a lower-middle-income country or a low-income country4 #dfih4 ,establishment process and reassessments 7a7 ,in general ,the processes established under this section shall be utilized to-- 7#a7 provide the initial rules for application of the fee imposed under section #dfia1 and 7#b7 perform any required reassessment4 7b7 ,initial rulemaking 7#a7 ,classification of covered products ,not later than #ab months after the date of enactment of this subchapter1 the ,secretary shall issue a final rule for purposes of-- 7,a7 determining the appropriate heading or subheading number of the ,,hts for each covered product 7as required under section #dfie7;b772 and 7,b7 determining the appropriate measurement of any covered product 7as described in section #dfia7;c774 7#b7 ,pollution intensity calculations 7,a7 ,in general ,not later than #ah months after the date of enactment of this subchapter1 the ,secretary shall publish a final rule establishing-- 7i7 in a manner consistent with section #dfic1 the pollution intensity with respect to each covered product and country of origin1 and 7ii7 methods for any foreign country to establish an alternative pollution intensity with respect to any covered product pursuant to subsection 7f7 of such section4 7,b7 ,circumvention ,not later than #cf months after the date of enactment of this subchapter1 the ,secretary shall publish a final rule to address producers described in section #dfic7;g74 7#c7 ,establishment of variable charges ,not later than #bd months after the date of enactment of this subchapter1 the ,secretary 7in consultation with the ,united ,states ,trade ,representative7 shall issue a final rule establishing the variable charge for covered products for purposes of section #dfib4 7#d7 ,additional rulemaking ,in addition to the rules described in paragraphs 7#a7 through 7#c71 any rules which are necessary in order to properly apply the fee under section #dfia shall be issued not later than the date which #bd months after the date of enactment of this subchapter4 7c7 ,reassessment 7#a7 ,in general ,not later than #c years after the date of the issuance of any final rule described in subsection 7b71 and every #c years thereafter1 the ,secretary shall reassess and1 as necessary1 issue a final rule to adjust1 the existing final rule4 7#b7 ,revision ,the ,united ,states ,international ,trade ,commission1 in consultation with the ,secretary1 shall annually publish a notice reflecting headings1 subheadings1 and statistical reporting numbers of the ,,hts contained in any rule issued under this section which need to be amended due to revisions to the ,,hts4 7#c7 ,newly available data ,with respect to any reassessment described in paragraph 7#a71 the ,secretary may utilize any data which is available as a result of enhancements in the ability to assess domestic or foreign pollution pursuant to legislation enacted or developments in technology subsequent to the issuance of the most recent final rule4 7#d7 ,international partnerships ,in the case of an international partnership agreement1 the ,secretary may1 at the time of the establishment of such agreement and in a manner consistent with such agreement1 issue a final rule to adjust the pollution intensity for any covered product 7as determined pursuant to subsection 7b77#b77 produced in a country which is a party to such agreement4 7#e7 ,timing ,in the case of any final rule issued with respect to any reassessment under paragraph 7#a71 the application of such rule shall take effect on ,january #a of the first calendar year beginning subsequent to the issuance of such final rule4 7d7 ,additional covered products 7#a7 ,in general ,with respect to any product which is included as a covered product pursuant to subsection 7d7 or 7e7 of section #dfie following the publication in the ,federal ,register 7as described in subsection 7d77#g77;,b77ii7 or subsection 7e77#b77;,a7 of such section1 as applicable7-- 7,a7 not later than #ab months after the date of such publication1 the ,secretary shall issue a final rule with respect to the pollution intensity of such covered product and any country of origin consistent with the requirements under section #dfic1 and 7,b7 not later than #f months after the issuance of the final rule described in subparagraph 7,a71 the ,secretary shall issue a final rule establishing the variable charge for such covered product consistent with the requirements under section #dfib4 7#b7 ,reassessments 7,a7 ,in general ,except as provided in subparagraph 7,b71 any classification or rule established pursuant to paragraph 7#a7 with respect to any covered product shall remain in effect under the next reassessment under subsection 7c74 7,b7 ,exception ,with respect to any product included as a covered product under subsection 7d7 or 7e7 of section #dfie1 if the date for imposition of the fee under section #dfia 7as determined pursuant to section #dfie7;f77 is less than #a year from the date of the next reassessment under subsection 7c71 such product shall not be subject to such reassessment4 7e7 ,process 7#a7 ,board recommendations ,not later than #f months prior to-- 7,a7 the date on which any final rule is required to be issued under paragraph 7#a71 7#b71 or 7#c7 of subsection 7b71 and 7,b7 the date on which any reassessment is required to be made under subsection 7c77#a71 the ,board shall provide recommendations to the ,secretary with respect to such final rule or reassessment4 7#b7 ,notice ,not later than #cj days after receiving the recommendations of the ,board provided under paragraph 7#a71 the ,secretary shall-- 7,a7 publish a notice of proposed rulemaking based on such recommendations with respect to the final rule or reassessment1 and 7,b7 brief the appropriate congressional committees and consult with such committees regarding such final rule or reassessment4 7#c7 ,comment ,following the notice under paragraph 7#b77;,a71 the ,secretary shall provide a public comment period of not less than #fj days4 7#d7 ,consultation ,prior to the issuance of any final rule or reassessment under this section regarding the appropriate classification of covered products1 the ,secretary shall consult with-- 7,a7 the ,united ,states ,trade ,representative1 7,b7 the ,united ,states ,international ,trade ,commission1 7,c7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 and 7,d7 all other relevant ,federal agencies4 7#e7 ,publication ,the publication of any final rule required under this section shall include a statement from the ,secretary explaining any deviation from the recommendations submitted by the ,board pursuant to paragraph 7#a74 7f7 ,judicial review 7#a7 ,in general ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have original and exclusive jurisdiction over any claim with respect to any final rule issued under this section4 7#b7 ,limitation ,no final rule issued under this section shall be subject to judicial review unless-- 7,a7 the claim is filed not later than #cj days after the issuance of such rule1 and 7,b7 the person filing such claim-- 7i7 is a citizen of the ,united ,states or a domestic producer1 and 7ii7 7,i7 demonstrates that-- 7aa7 application of such rule will result in the infliction of a direct and tangible harm to such person1 and 7bb7 the rulemaking process was conducted in a manner that was intended to directly harm such person1 or 7,,ii7 demonstrates that such final rule-- 7aa7 altered the recommendations made by the ,board1 and 7bb7 would limit the ability to attain the goals established under section #dfib7;c77#b74 7#c7 ,acceptable action ,notwithstanding any claim or cause of action filed with respect to any provision of this subchapter-- 7,a7 the applicable date described in section #dfia7;a77#b71 7,b7 the application of reassessment pursuant to subsection 7c71 and 7,c7 with respect to covered products included pursuant to subsection 7d7 or 7e7 of section #dfie1 the date for imposition of the fee under section #dfia to take effect 7as determined under section #dfie7;f771 shall not be subject to judicial review and shall not be subject to delay or suspension4 4 ,,ii ,international ,partnership ,agreements ,relating to ,pollution ,fees #bja4 ,international partnership agreements 7a7 ,in general ,the ,united ,states ,trade ,representative1 at the direction of the ,president1 may-- 7#a7 engage in negotiations with countries to encourage the establishment and expansion of international partnership agreements1 as provided in this title2 7#b7 establish agreements with foreign countries with respect to proposals to enter into international partnership agreements2 7#c7 7,a7 implement such an agreement in accordance with subsection 7e72 or 7,b7 submit a proposal to ,congress under subsection 7f7 with respect to such an agreement and implement the agreement following the approval of ,congress in a manner consistent with that subsection2 and 7#d7 perform the oversight and enforcement role necessary to uphold any such agreement4 7b7 ,consultation during negotiation for international partnership agreements 7#a7 ,in general ,with respect to negotiations for an international partnership agreement under this title1 the ,trade ,representative shall-- 7,a7 consult closely and on a timely basis with the appropriate congressional committees1 keeping those committees fully apprised of the negotiations2 and 7,b7 provide to those committees1 including staff with appropriate security clearances1 access to the text of any negotiating proposal or any other document presented by the ,united ,states or another party to the negotiations that presents concepts or considerations for the negotiations not later than #e business days before the proposal or other document is formally brought up for consideration in the negotiations4 7#b7 ,designation of advisors ,the chairperson and ranking member of each of the appropriate congressional committees may each designate not more than #e ,members of ,congress on their committee and not more than #d individuals on the staff of that committee as official advisors to negotiations4 7#c7 ,briefing 7,a7 ,in general ,the ,trade ,representative shall brief the appropriate congressional committees before and after every negotiation session in relation to an international partnership agreement4 7,b7 ,timing ,a briefing required by subparagraph 7,a7 following a negotiating session shall take place not later than #e business days following the session4 7c7 ,requirements for international partnership agreements 7#a7 ,in general ,an international partnership agreement may be entered into under this title on the basis of one covered product1 multiple covered products1 or all covered products4 7#b7 ,participation 7,a7 ,in general ,subject to the requirements under paragraph 7#c71 the ,united ,states may enter into an international partnership agreement under this title with-- 7i7 one country2 7ii7 multiple countries2 or 7iii7 a group of countries participating in an international forum such as the ,organisation for ,economic ,co-operation and ,development or the ,group of ,seven 7,g#g74 7,b7 ,expansions of ex post congressional-executive international partnership agreements ,in the case of an international partnership agreement previously approved by ,congress under subsection 7f71 additional countries may be added to the agreement without requiring further approval by ,congress if the only changes to the agreement-- 7i7 are the addition of a new country to the agreement2 and 7ii7 do not require alterations to subchapter ,e of the ,internal ,revenue ,code of #aihf1 as added by title ,i4 7#c7 ,requirements ,an international partnership agreement entered into under this title is required to provide for-- 7,a7 creation of compatible methods to promote pollution reduction through trade mechanisms by assessing pollution intensity differences between countries2 7,b7 maintenance of the ability of a country that is a party to the agreement to determine methods of pollution reduction within that country2 7,c7 elimination of any fee or charge between countries that are parties to the agreement in a manner compatible to the process described in section #bjb2 7,d7 elimination or reduction of other duties1 import fees1 and trade barriers maintained by the country related to covered products2 7,e7 compatible pollution monitoring1 reporting1 and verification methods that-- 7i7 allow for similar methods to be used to calculate the pollution intensity of covered products and countries that are parties to the agreement1 on the basis of the available information within each such country2 7ii7 allow for similar methods to be used to calculate the pollution intensity of covered products imported from countries that are not parties to the agreement2 and 7iii7 allow for each country that is a party to the agreement to consistently validate the monitoring and reporting information of the other countries that are parties to the agreement with respect to products covered by the agreement2 7,f7 design characteristics compatible with subchapter ,e of the ,internal ,revenue ,code1 as added by title ,i2 7,g7 design characteristics compatible with the provisions of this title2 and 7,h7 processes for how to add-- 7i7 additional countries to the agreement2 and 7ii7 additional covered products to the agreement4 7#d7 ,consideration of third-party participation 7,a7 ,in general ,an international partnership agreement entered into under this title may include direction for an entity that is not from a country that is a party to the agreement to-- 7i7 serve as a repository of relevant pollution data from countries that are parties to the agreement2 7ii7 provide validation of pollution intensity calculations and other requirements under paragraph 7#c72 and 7iii7 adjudicate discrepancies with respect to such data and requirements between countries that are parties to the agreement4 7,b7 ,limitations 7i7 ,access to information ,an international partnership agreement entered into under this title is required to provide for each country that is a party to the agreement to maintain the ability to access and validate any pollution information related to other countries that are parties to the agreement4 7ii7 ,scope of adjudication 7,i7 ,in general ,an entity described in subparagraph 7,a7 may adjudicate discrepancies between countries that are parties to an international partnership agreement entered into under this title only to the extent that such discrepancies relate to requirements under the agreement4 7,,ii7 ,impact on domestic laws ,an entity described in subparagraph 7,a7 may not alter the domestic law of a country that is a party to an international partnership agreement entered into under this title1 including subchapter ,e of the ,internal ,revenue ,code of #aihf1 as added by title ,i4 7d7 ,timeline 7#a7 ,in general ,the requirements described in subsection 7c7 with respect to an international partnership agreement are required to be achieved-- 7,a7 for high-income countries and upper-middle income countries1 not later than #c years after entering into the agreement2 and 7,b7 for low-income countries and lower-middle-income countries1 not later than #e years after entering into the agreement4 7#b7 ,applicability of benefits 7,a7 ,in general ,countries described in paragraph 7#a77;,a7 shall not receive the treatment described in section #dfid of the ,internal ,revenue ,code of #aihf1 as added by title ,i1 until the requirements under subsection 7c7 are met4 7,b7 ,termination ,the ,united ,states shall maintain the right to terminate an international partnership agreement if the requirements under subsection 7c7 are not met in the time described in paragraph 7#a74 7e7 ,ex ante congressional-,executive international partnership agreements 7#a7 ,in general ,the ,united ,states ,trade ,representative may1 at the direction of the ,president1 enter into and carry out an international partnership agreement entered into under this title without the approval of ,congress if the agreement-- 7,a7 complies with the requirements under subsection 7c72 and 7,b7 does not require any alteration of subchapter ,e of the ,internal ,revenue ,code of #aihf1 as added by title ,i4 7#b7 ,effect ,an agreement described in paragraph 7#a7 that complies with the requirements under subsection 7c7 shall qualify as an international partnership agreement for purposes of section #dfid of the ,internal ,revenue ,code of #aihf1 as added by title ,i4 7#c7 ,publication2 congressional review ,an agreement entered into under this subsection shall be-- 7,a7 published in the ,federal ,register2 and 7,b7 treated as a final rule prepared by an agency1 including with respect to review by ,congress under chapter #h of title #e1 ,united ,states ,code 7commonly referred to as the ,congressional ,review ,act74 7f7 ,ex post congressional-,executive international partnership agreements 7#a7 ,in general ,an agreement shall be treated as a congressional-executive agreement and enter into force only if a joint resolution of approval is enacted in accordance to this subsection if any alteration of subchapter ,e of the ,internal ,revenue ,code of #aihf1 as added by title ,i1 is required to implement the agreement4 7#b7 ,submission to ,congress and publication of agreement ,the ,president shall-- 7,a7 post the text of an agreement described in paragraph 7#a7 on a publicly available website of the ,office of the ,united ,states ,trade ,representative for not less than #e business days2 and 7,b7 submit to ,congress on a day on which both ,houses of ,congress are in session a copy of the final legal text of the agreement1 together with-- 7i7 an identification of any ,united ,states laws that may be inconsistent with the text2 and 7ii7 a statement of any administrative action proposed to implement the agreement4 7#c7 ,joint resolutions of approval 7,a7 ,definition ,in this paragraph1 the term joint resolution of approval means only a joint resolution the matter after the resolving clause of which is as follows3 ,that ,congress approves 1 submitted to ,congress on 1 with the first blank space being filled with the name of the applicable international partnership agreement entered into under this title and the second blank space being filled with the appropriate date4 7,b7 ,introduction ,a joint resolution approving an agreement described in paragraph 7#a7 may be introduced in either ,house of ,congress by the chairperson or ranking member of one of the appropriate congressional committees4 7,c7 ,procedures in house and senate ,except as provided in this paragraph1 the provisions of subsections 7d71 7e71 and 7f7 of section #aeb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baib7 shall apply with respect to a joint resolution of approval under this paragraph to the same extent and in the same manner as such provisions apply with respect to a joint resolution described in subsection 7a7 of that section4 7,d7 ,referral ,a joint resolution of approval shall be referred exclusively to the appropriate congressional committees4 7,e7 ,discharge ,if the committee of either ,house to which a joint resolution of approval has been referred has not reported it by the close of the #djth day after its introduction 7excluding any day described in section #aed7;b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baid7;b7771 that committee shall be automatically discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar4 7,f7 ,consideration 7i7 ,in general ,it is not in order for-- 7,i7 the ,senate to consider any joint resolution of approval unless the joint resolution has been reported by the ,committee on ,finance or the committee has been discharged from consideration of the joint resolution under subparagraph 7,e72 or 7,,ii7 the ,house of ,representatives to consider any joint resolution of approval unless it has been reported by the ,committee on ,ways and ,means or the committee has been discharged from consideration of the joint resolution under subparagraph 7,e74 7ii7 ,motion to proceed in ,house of ,representatives ,a motion in the ,house of ,representatives to proceed to the consideration of a joint resolution of approval may be made only on the second legislative day after the calendar day on which the ,member making the motion announces to the ,house the intention of the ,member to do so4 7#d7 ,rules of ,senate and ,house of ,representatives ,this subsection is enacted by ,congress-- 7,a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 and supersedes other rules only to the extent that it is inconsistent with such other rules2 and 7,b7 with the full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedures of that ,house7 at any time1 in the same manner1 and to the same extent as any other rule of that ,house4 7g7 ,inclusion in other international agreements 7#a7 ,in general ,the ,united ,states ,trade ,representative1 at the direction of the ,president1 may seek to include an expansion of an international partnership agreement in any other international agreement entered into or renegotiated on or after the date of the enactment of this ,act1 such as-- 7,a7 a free trade agreement2 7,b7 an international agreement relating to environmental protections1 sustainable development1 or climate2 or 7,c7 a trade agreement involving international organizations such as the ,organisation for ,economic ,co-operation and ,development1 the ,group of ,seven 7,g#g71 or any similar organization4 7h7 ,restrictions on negotiations 7#a7 ,nonmarket economy countries ,the authority provided by this section does not include the authority to negotiate or enter into an agreement with a nonmarket economy country if the country is-- 7,a7 an upper middle-income country2 or 7,b7 a high-income country4 7#b7 ,domestic policies ,the authority provided by this section does not include the authority to negotiate or enter into an agreement that would establish carbon taxes1 fees1 pricing1 or other mechanisms that impose additional costs on products produced by a domestic producer by the ,united ,states4 #bjb4 ,application of foreign pollution fee in partnerships 7a7 ,in general ,in accordance with section #dfid of the ,internal ,revenue ,code of #aihf1 as added by title ,i1 no fee shall be applied under section #dfia of such ,code with respect to a covered product imported from a country that is a party to an international partnership agreement entered into under this title if production of the covered product has a pollution intensity difference that is less than or equal to #ej percent4 7b7 ,failure ,to meet requirements ,if a covered product is produced in a country that is a party to an international partnership agreement entered into under this title but does not meet the requirement described in subsection 7a71 the fee applied under section #dfia of the ,internal ,revenue ,code of #aihf1 as added by title ,i1 with respect to the covered product shall be determined based on the applicable tier 7as described in paragraph 7#b7 of section #dfib7;e7 of the ,internal ,revenue ,code of #aihf1 as added by title ,i7 associated with-- 7#a7 the pollution intensity difference2 reduced by 7#b7 #ej percentage points4 7c7 ,treatment of low-,income and lower-,middle income countries 7#a7 ,in general ,during the #e-year period following the entry into force of an international partnership agreement under this title between the ,united ,states and a low-income country or lower-middle-income country-- 7,a7 the pollution intensity requirement described in subsection 7a7 shall be considered to be met with respect to covered products produced in the country2 and 7,b7 no fee shall be applied to covered products imported from that country4 7#b7 ,modifications to requirements 7,a7 ,in general ,during the #aj-year period beginning after the completion of the #e-year period described in paragraph 7#a71 the pollution intensity requirement described in subsection 7a7 shall be considered to be met with respect to a covered product produced in a country described in paragraph 7#a7 if new capacity in that country for the production of the covered product developed during the #aj-year period described in paragraph 7#a7 is not more than #ej percent more pollution intense than the baseline pollution intensity at the time of the entry into force of the international partnership agreement4 7,b7 ,future development ,for the #aj-year period beginning after the completion of the #aj-year period described in subparagraph 7,a71 and each #aj-year period thereafter1 the pollution intensity requirement described in subsection 7a7 shall be considered to be met with respect to a covered product produced in a country described in paragraph 7#a7 if new capacity in that country for the production of the covered product developed during the preceding #aj-year period is not more than #be percent more pollution intense than the baseline pollution intensity at the beginning of such preceding #aj-year period4 7#c7 ,application of fee ,if the requirements described in paragraph 7#a7 or 7#b71 as applicable1 are not met with respect to a covered product1 the fee specified in subsection 7b7 shall apply4 7d7 ,treatment of circumvention ,nothing in this section shall supersede section #dfic7;g7 of the ,internal ,revenue ,code of #aihf1 as added by title ,i1 with respect to potential circumvention of the fee assessed under section #dfia of such ,code if-- 7#a7 a determination is made under such section #dfic7;g7 with respect to a producer2 and 7#b7 the producer is owned1 operated1 or financed in or by a country that is not a party to an international partnership agreement entered into under this title4 #bjc4 ,support for participation of low-income and lower-middle-income countries in international partnership agreements 7a7 ,in general ,the ,united ,states ,trade ,representative1 at the direction of the ,president1 may include1 in an international partnership agreement entered into under this title with a low-income country or a lower-middle-income country1 provisions providing for-- 7#a7 the provision of treatment described in section #bjb7;c7 to that country2 7#b7 the extension of untied or tied aid through a ,united ,states export1 development1 or trade agency for energy or manufacturing technologies and projects2 7#c7 lower initial requirements relating to pollution data monitoring and alternative methods to more accurately project and model pollution under the agreement2 7#d7 support for expansion of monitoring and reporting of pollution2 and 7#e7 technical assistance to ensure full compliance with the terms of the agreement4 7b7 ,benchmarks and requirements 7#a7 ,in general ,the ,united ,states ,trade ,representative shall establish benchmarks or requirements to assess the progress of a country described in subsection 7a7 in fully implementing the terms of the international partnership agreement entered into under this title4 7#b7 ,benchmarks ,the benchmarks and requirements established under paragraph 7#a7 with respect to a country shall include-- 7,a7 improving methods of monitoring1 reporting1 and verifying pollution levels2 7,b7 if1 after the entry into force of the international partnership agreement1 new manufacturing or production capacity for a covered product is built in the country but that capacity is owned or operated1 or the majority of the financing for that capacity is provided1 by an entity associated with a country that is not a party to an international partnership agreement1 treating the new capacity-- 7i7 at the pollution intensity of the country that is not a party to an international partnership agreement if the pollution intensity for the covered product produced in that country is greater than the pollution intensity of the covered product produced in the country that is a party to the international partnership agreement2 7ii7 as not eligible for the treatment of a country that is a party to an international partnership agreement described in section #bjb2 and 7iii7 in accordance to the requirements of section #dfid of the ,internal ,revenue ,code of #aihf1 as added by title ,i2 7,c7 if1 after the entry into force of the international partnership agreement1 the ownership1 a stake of ownership1 or operation of manufacturing or production capacity for a covered product that is in operation on the date of entry into force is transferred to an entity in a country that is not a party to an international partnership agreement1 treating such capacity-- 7i7 at the pollution intensity of the country that is not a party to an international partnership agreement if the pollution intensity for the covered product produced in that country is greater than the pollution intensity of the covered product produced in the country that is a party to the international partnership agreement2 7ii7 as not eligible for the treatment of a country that is a party to an international partnership agreement described in section #bjb2 and 7iii7 in accordance to the requirements of section #dfid of the ,internal ,revenue ,code of #aihf1 as added by title ,i2 and 7,d7 in the case of an international partnership agreement with a nonmarket economy country that is a low-income country or a lower-middle-income country1 making progress in developing a market economy4 7c7 ,termination ,the ,united ,states shall maintain the authority to terminate the application of the provisions described in subsection 7a7 to a country if the country does not meet the benchmarks and requirements under subsection 7b74 7d7 ,inclusion of other international partners ,to the maximum extent practicable1 the ,united ,states shall seek to include additional high-income countries and upper-middle-income countries in international partnership agreements entered into under this title with low-income countries or lower-middle-income countries4 #bjd4 ,facility-specific agreements relating to pollution fees 7a7 ,authority ,to negotiate facility-,specific agreements ,the ,united ,states ,trade ,representative may negotiate1 in coordination with the ,secretary of the ,treasury and the ,administrator of the ,environmental ,protection ,agency1 an agreement with a facility located in a foreign country that allows products produced at the facility to be treated at a pollution intensity specific to the facility4 7b7 ,requirements ,to be eligible for an agreement under subsection 7a71 a facility is required to-- 7#a7 consistently operate according to the standards a ,united ,states facility is statutorily required to abide by1 for existing operations and any future expansion of operations1 including such standards set forth under-- 7,a7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly known as the ,clean ,water ,act72 7,c7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 and 7,d7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 deploy pollution monitoring equipment able to report in real time the levels of pollution emitted by the facility2 7#c7 provide real-time access to physical pollution monitoring by ,united ,states officials or their designees2 7#d7 allow for spot inspections by ,united ,states officials or their designees to ensure compliance with the requirements of the agreement2 7#e7 if the pollution intensity of the facility is higher than the pollution intensity of the ,united ,states or the least pollution intense foreign country that is a party to an international partnership agreement entered into under this title with the ,united ,states-- 7,a7 provide actionable benchmarks to decrease the pollution intensity of the facility so that pollution intensity is equal to or less than the pollution intensity of the ,united ,states or such other country not later than #aj years after entering into an agreement under subsection 7a72 7,b7 achieve the benchmarks described in subparagraph 7,a7 during the #aj-year period described in that subparagraph2 7,c7 provide actionable benchmarks to decrease1 by not later than #bj years after entering into an agreement under subsection 7a71 the pollution intensity of the facility to an intensity not less than #ej percent lower than the pollution intensity of the ,united ,states at the time of entry into the agreement2 7,d7 achieve the benchmarks described in subparagraph 7,c7 during the #bj-year period described in that subparagraph2 and 7,e7 ensure that any pollution reduction technology used in achieving the benchmarks described in subparagraph 7,a7 or 7,c7 contains not less than #ej percent of components of ,united ,states origin2 7#f7 account for any upstream pollution-- 7,a7 at the level associated with the pollution intensity of the country in which the contributing part or transforming part is produced1 unless the part is covered by an agreement entered into under subsection 7a72 or 7,b7 if determined appropriate by the ,united ,states ,trade ,representative and provided for in the agreement1 based on an applicable standard of the ,international ,organization for ,standardization2 7#g7 identify the covered entity with respect to covered products produced at the facility if the covered entity is not the owner of the facility2 and 7#h7 ensure the agreement may be terminated at the sole discretion of the ,united ,states if the facility is not in compliance with any requirement under this subsection4 7c7 ,consultation with congress ,the ,trade ,representative may not conclude an agreement under subsection 7a7 with a facility unless-- 7#a7 the ,trade ,representative-- 7,a7 informs the appropriate congressional committees of the intention of the ,trade ,representative to pursue negotiations with the facility not less than #b business days after commencing negotiations2 7,b7 shares the text of the proposed agreement with the appropriate congressional committees for not less than the lesser of-- 7i7 #ab days on which both ,houses of ,congress are in session2 or 7ii7 #fj calendar days2 and 7,c7 responds to all inquiries regarding the terms of the agreement from the chairperson or ranking member of one of the appropriate congressional committees before concluding the agreement2 and 7#b7 a resolution of disapproval is not enacted during the period described in paragraph 7#a77;,b74 7d7 ,treatment of the agreement 7#a7 ,in general ,any agreement entered into under this section with a facility shall allow a product produced by the facility and imported into the ,united ,states to be assigned to the tier 7as established under section #dfib7;b7 of the ,internal ,revenue ,code of #aihf1 as added by title ,i7 aligned with the pollution intensity difference of a product produced by the facility and the baseline pollution intensity4 7#b7 ,restrictions ,under no circumstances may an agreement entered into under this section require the ,united ,states to alter the implementation of this ,act4 7e7 ,ineligibility of state-,owned facilities in nonmarket economy countries ,a facility in a nonmarket economy country is not eligible for an agreement under this section if the facility-- 7#a7 is owned1 partially owned1 or operated by the government of the country or an entity owned or controlled by that government2 or 7#b7 has received financing1 including in the form of a tax credit or a limit on tax liability1 to operate the facility by the government of the country or an entity owned or controlled by that government4 7f7 ,transparency ,the ,trade ,representative shall promptly publish a description of the proposed agreement under this section in the ,federal ,register4 #bje4 ,definitions ,in this title1 the definitions set forth in section #dfig of the ,internal ,revenue ,code of #aihf1 as added by title ,i1 apply4