I 

116TH CONGRESS 

1ST SESSION H. R. 3966 

To amend the Internal Revenue Code of 1986 to reduce social security 

payroll taxes and to reduce the reliance of the United States economy 

on carbon-based energy sources, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2019 

Mr. LIPINSKI (for himself and Mr. ROONEY of Florida) introduced the following bill; which was referred to the Committee on Ways and Means, 

and in addition to the Committees on Energy and Commerce, Education 

and Labor, and Rules, for a period to be subsequently determined by the 

Speaker, 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 1986 to reduce 

social security payroll taxes and to reduce the reliance 

of the United States economy on carbon-based energy 

sources, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Raise Wages, Cut Car5 bon Act of 2019’’. 


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1 SEC. 2. INCREASE IN THE LOW-INCOME HOUSING ENERGY 

2 ASSISTANCE PROGRAM AND THE WEATHER3 IZATION ASSISTANCE PROGRAM. 

4 (a) LIHEAP.—On October 1, 2020, and each Octo5 ber 1 thereafter, there shall be made available, without 

6 further appropriation or fiscal year limitation, to carry out 

7 the Low-Income Home Energy Assistance Act of 1981 (42 

8 U.S.C. 8621 et seq.) an amount equal to 5 percent of the 

9 net revenues received in the Treasury during the previous 

10 fiscal year from the taxes imposed under parts II, III, and 

11 IV of subchapter E of chapter 38 of the Internal Revenue 

12 Code of 1986. 

13 (b) WEATHERIZATION ASSISTANCE PROGRAM.—On 

14 October 1, 2020, and each October 1 thereafter, there 

15 shall be made available, without further appropriation or 

16 fiscal year limitation, to carry out the weatherization as17 sistance program established under part A of title IV of 

18 the Energy Conservation and Production Act (42 U.S.C. 

19 6861 et seq.) an amount equal to 1 percent of the net 

20 revenues received in the Treasury during the previous fis21 cal year from the taxes imposed under parts II, III, and 

22 IV of subchapter E of chapter 38 of the Internal Revenue 

23 Code of 1986. 

24 (c) ADDITION TO OTHER AMOUNTS.—Amounts made 

25 available pursuant to this section shall be in addition to 

26 other amounts made available to carry out the Low-InVerDate Sep 11 2014 02:47 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3966.IH H3966

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1 come Home Energy Assistance Act of 1981 and the 

2 weatherization assistance program established under part 

3 A of title IV of the Energy Conservation and Production 

4 Act for the fiscal year involved. 

5 SEC. 3. DISTRIBUTION OF CERTAIN ESTIMATED REVENUES 

6 TO SOCIAL SECURITY BENEFICIARIES. 

7 Not later than October 1 of each fiscal year beginning 

8 with fiscal year 2020, the Commissioner of Social Security 

9 shall pay an amount out of the general fund of the Treas10 ury, equal to 10 percent of the net revenues received in 

11 the Treasury during the previous fiscal year from the 

12 taxes imposed under parts II, III, and IV of subchapter 

13 E of chapter 38 of the Internal Revenue Code of 1986, 

14 to be distributed equally among each individual entitled 

15 to monthly insurance benefits under title II of the Social 

16 Security Act (42 U.S.C. 401 et seq.) or to an annuity 

17 under section 2 of the Railroad Retirement Act of 1974 

18 for the 1st month in such fiscal year. 

19 SEC. 4. REDUCTION OF CERTAIN SOCIAL SECURITY TAXES; 

20 TAX ON COMBUSTIBLE FOSSIL FUELS. 

21 (a) IN GENERAL.—Chapter 38 of the Internal Rev22 enue Code of 1986 (relating to environmental taxes) is 

23 amended by adding at the end thereof the following new 

24 subchapter: 


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1 ‘‘Subchapter E—Reduction of Certain Social 

2 Security Taxes; Tax on Combustible Fos3 sil Fuels 

‘‘PART I—REDUCTION OF CERTAIN SOCIAL SECURITY TAXES

‘‘PART II—TAX ON COMBUSTIBLE FOSSIL FUELS

‘‘PART III—TAX ON CERTAIN ADDITIONAL IMPORTED PRODUCTS

‘‘PART IV—TAX ON FLUORINATED GREENHOUSE GASES

‘‘PART V—SUPERMAJORITY REQUIRED TO CHANGE REVENUE NEUTRALITY

4 ‘‘PART I—REDUCTION OF CERTAIN SOCIAL 

5 SECURITY TAXES 

‘‘Sec. 4691. Social Security taxes and benefits. 

6 ‘‘SEC. 4691. SOCIAL SECURITY TAXES AND BENEFITS. 

7 ‘‘(a) AMOUNTS APPROPRIATED TO SOCIAL SECURITY

8 TRUST FUNDS.— 

9 ‘‘(1) IN GENERAL.—There are hereby appro10 priated to the social security trust funds an amount 

11 equal to the excess (if any) of— 

12 ‘‘(A) net revenues received in the Treasury 

13 from the taxes imposed by parts II, III, and IV, 

14 over 

15 ‘‘(B) the net expenditures from the Treas16 ury under sections 2 and 3 of the Raise Wages, 

17 Cut Carbon Act of 2019. 

18 ‘‘(2) ALLOCATION AMONG FUNDS.—Amounts 

19 appropriated under paragraph (1) shall be allocated 

20 among such funds as determined appropriate by the 


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1 Managing Trustee of the Board of Trustees of the 

2 Trust Funds (within the meaning of title II of the 

3 Social Security Act), in cooperation with the Rail4 road Retirement Board. 

5 ‘‘(b) REDUCTION IN CERTAIN SOCIAL SECURITY

6 TAXES.— 

7 ‘‘(1) IN GENERAL.—The rate of each specified 

8 social security tax for each calendar year (deter9 mined without regard to this section) shall be re10 duced by the number of percentage points equal 

11 to— 

12 ‘‘(A) such rate, multiplied by 

13 ‘‘(B) the reduction percentage determined 

14 by the Secretary for such calendar year. 

15 ‘‘(2) REDUCTION PERCENTAGE.—The reduction 

16 percentage determined by the Secretary under para17 graph (1) for any calendar year shall be the percent18 age which the Secretary estimates will result in ag19 gregate appropriations into each trust fund equal to 

20 the amount which would (without regard to this sec21 tion) be appropriated to each trust fund for such 

22 calendar year. 

23 ‘‘(c) DEFINITIONS.—For purposes of this sub24 chapter— 


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1 ‘‘(1) SPECIFIED SOCIAL SECURITY TAX.—The 

2 term ‘specified social security tax’ means— 

3 ‘‘(A) the tax imposed by section 3101(a) 

4 (and so much of the tax imposed by section 

5 3201(a) or section 3211(a) as is determined by 

6 reference to the tax imposed by section 

7 3101(a)), and 

‘‘(B) 1 8 ⁄2 the tax imposed by section 

9 1401(a). 

10 ‘‘(2) SOCIAL SECURITY TRUST FUND.—The 

11 term ‘social security trust fund’ means— 

12 ‘‘(A) the Federal Old-Age and Survivors 

13 Insurance Trust Fund established by section 

14 201(a) of the Social Security Act, 

15 ‘‘(B) the Federal Disability Insurance 

16 Trust Fund established by section 201(b) of the 

17 Social Security Act, and 

18 ‘‘(C) the Social Security Equivalent Ben19 efit Account established under section 15A of 

20 the Railroad Retirement Act of 1974. 

21 ‘‘(d) DETERMINATION BASED ON ESTIMATES.—De22 terminations under this section and sections 2 and 3 of 

23 the Raise Wages, Cut Carbon Act of 2019 shall be made 

24 on the basis of estimates by the Secretary. To the extent 

25 that any such determination for any period is determined 


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1 to have been inaccurate, such determination for the subse2 quent period shall be appropriately increased or decreased 

3 by the amount that the previous determination was less 

4 than, or in excess of, the more accurate determination. 

5 ‘‘(e) PUBLICATION OF RATE REDUCTIONS.—Any ad6 justment under this section of social security tax rates for 

7 any calendar year shall be published in the Federal Reg8 ister not later than 2 months before the beginning of such 

9 calendar year. 

10 ‘‘PART II—TAX ON COMBUSTIBLE FOSSIL FUELS 

‘‘Sec. 4692. Imposition of tax. 

‘‘Sec. 4693. Refunds or credits. 

‘‘Sec. 4694. Other definitions and special rules. 

11 ‘‘SEC. 4692. IMPOSITION OF TAX. 

12 ‘‘(a) IN GENERAL.—There is hereby imposed a tax 

13 on any taxable carbon substance sold by the manufacturer, 

14 producer, or importer thereof. 

15 ‘‘(b) AMOUNT OF TAX.— 

16 ‘‘(1) IN GENERAL.—The amount of tax imposed 

17 by subsection (a) on any taxable carbon substance 

18 shall be the applicable amount per ton of the carbon 

19 dioxide emissions potential of such substance, as de20 termined by the Secretary in consultation with the 

21 Secretary of Energy. 

22 ‘‘(2) FRACTIONAL PART OF TON.—In the case 

23 of a fraction of a ton, the tax imposed by subsection 


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1 (a) shall be the same fraction of the amount of such 

2 tax imposed on a whole ton. 

3 ‘‘(3) APPLICABLE AMOUNT.— 

4 ‘‘(A) IN GENERAL.—For purposes of this 

5 part, the applicable amount is— 

6 ‘‘(i) for calendar year 2020, $40, 

7 ‘‘(ii) for any calendar year following a 

8 year which is not a national emissions tar9 get attainment year, the sum of— 

10 ‘‘(I) the product of the amount in 

11 effect under this subparagraph for the 

12 preceding calendar year and 102.5 

13 percent, and 

14 ‘‘(II) the inflation adjustment 

15 amount determined under subpara16 graph (B), and 

17 ‘‘(iii) for any calendar year following a 

18 year which is a national emissions target 

19 attainment year, the sum of— 

20 ‘‘(I) the amount in effect under 

21 this subparagraph for the preceding 

22 calendar year, and 

23 ‘‘(II) the inflation adjustment 

24 amount determined under subpara25 graph (B). 


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1 ‘‘(B) INFLATION ADJUSTMENT AMOUNT.— 

2 ‘‘(i) IN GENERAL.—The inflation ad3 justment amount for any calendar year 

4 shall be an amount (not less than zero) 

5 equal to the product of— 

6 ‘‘(I) the amount determined 

7 under subparagraph (A)(ii)(I) or 

8 (A)(iii)(I), as applicable, for such 

9 year, and 

10 ‘‘(II) the percentage by which the 

11 CPI for the preceding calendar year 

12 exceeds the CPI for the second pre13 ceding calendar year. 

14 ‘‘(ii) CPI.—Rules similar to the rules 

15 of paragraphs (4) and (5) of section 1(f) 

16 shall apply for purposes of this paragraph. 

17 ‘‘(C) ROUNDING.—The applicable amount 

18 under this subsection shall be rounded up to 

19 the next whole dollar amount. 

20 ‘‘(D) NATIONAL EMISSIONS TARGET AT21 TAINMENT YEAR.—For purposes of subpara22 graph (A), a calendar year is a national emis23 sions target attainment year if the level of 

24 greenhouse gas emissions in the United States 

25 for the calendar year does not exceed 20 perVerDate Sep 11 2014 02:47 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3966.IH H3966

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1 cent of the level of greenhouse gas emissions in 

2 the United States for calendar year 2005 as de3 termined by the Secretary in consultation with 

4 the Administrator of the Environmental Protec5 tion Agency. 

6 ‘‘(c) TAXABLE CARBON SUBSTANCE.—For purposes 

7 of this subchapter, the term ‘taxable carbon substance’ 

8 means— 

9 ‘‘(1) coal (including lignite and peat), 

10 ‘‘(2) petroleum and any petroleum product (as 

11 defined in section 4612(a)(3)), and 

12 ‘‘(3) natural gas, 

13 which is extracted, manufactured, or produced in the 

14 United States or entered into the United States for con15 sumption, use, or warehousing. 

16 ‘‘(d) SUBSTANCE TAXED ONLY ONCE.—No tax shall 

17 be imposed by subsection (a) with respect to a taxable car18 bon substance if the person who would be liable for such 

19 tax establishes that a prior tax imposed by such section 

20 has been imposed with respect to such substance. 

21 ‘‘SEC. 4693. REFUNDS OR CREDITS. 

22 ‘‘(a) SEQUESTERED CARBON.—Under regulations 

23 prescribed by the Secretary, if a person uses a taxable car24 bon substance so that the carbon associated with such sub25 stance will not be emitted, then an amount equal to the 


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1 amount of tax in effect under section 4692(b) with respect 

2 to such substance for the calendar year in which such use 

3 begins shall be allowed as a credit or refund (without in4 terest) to such person in the same manner as if it were 

5 an overpayment of tax imposed by section 4692. 

6 ‘‘(b) PREVIOUSLY TAXED CARBON SUBSTANCES

7 USED TO MAKE ANOTHER TAXABLE CARBON SUB8 STANCE.—Under regulations prescribed by the Secretary, 

9 if— 

10 ‘‘(1) a tax under section 4692 was paid with re11 spect to any taxable carbon substance, and 

12 ‘‘(2) such substance was used by any person in 

13 the manufacture or production of any other sub14 stance which is a taxable carbon substance, 

15 then an amount equal to the tax so paid shall be allowed 

16 as a credit or refund (without interest) to such person in 

17 the same manner as if it were an overpayment of tax im18 posed by section 4692. In any case to which this sub19 section applies, the amount of any such credit or refund 

20 shall not exceed the amount of tax imposed by section 

21 4692 on the other taxable fuel manufactured or produced 

22 (or which would have been imposed by such subsection on 

23 such other fuel but for section 4692(d)). 

24 ‘‘(c) EXEMPTION FOR EXPORTS.— 

25 ‘‘(1) TAX-FREE SALES.— 


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1 ‘‘(A) IN GENERAL.—No tax shall be im2 posed under subsection (a) on the sale by the 

3 manufacturer or producer of any taxable carbon 

4 substance for export or for resale by the pur5 chaser to a second purchaser for export. 

6 ‘‘(B) PROOF OF EXPORT REQUIRED.— 

7 Rules similar to the rules of section 4221(b) 

8 shall apply for purposes of subparagraph (A). 

9 ‘‘(2) CREDIT OR REFUND.—If— 

10 ‘‘(A) any person exports— 

11 ‘‘(i) a taxable carbon substance, or 

12 ‘‘(ii) any other product any portion of 

13 the cost of which is attributable to the use 

14 of any taxable carbon substance as an en15 ergy source for the manufacture or produc16 tion of such product, and 

17 ‘‘(B) such person establishes to the satis18 faction of the Secretary the portion of such cost 

19 which is attributable to the tax under section 

20 4692, 

21 credit or refund (without interest) of such tax shall 

22 be allowed or made to such person. 

23 ‘‘(3) REGULATIONS.—The Secretary shall pre24 scribe such regulations as may be necessary to carry 

25 out the purposes of this subsection. 


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1 ‘‘SEC. 4694. OTHER DEFINITIONS AND SPECIAL RULES. 

2 ‘‘(a) DEFINITIONS.—For purposes of this sub3 chapter— 

4 ‘‘(1) UNITED STATES.—The term ‘United 

5 States’ has the meaning given such term by section 

6 4612(a)(4). 

7 ‘‘(2) IMPORTER.—The term ‘importer’ means 

8 the person entering the article for consumption, use, 

9 or warehousing. 

10 ‘‘(3) TON.—The term ‘ton’ means 2,000 

11 pounds. In the case of any taxable carbon substance 

12 which is a gas, the term ‘ton’ means the amount of 

13 such gas in cubic feet which is the equivalent of 

14 2,000 pounds on a molecular weight basis. 

15 ‘‘(b) USE TREATED AS SALE.—If any person manu16 factures, produces, or imports any taxable carbon sub17 stance and uses such substance, then such person shall 

18 be liable for tax under section 4692 in the same manner 

19 as if such substance were sold by such person. 

20 ‘‘(c) SPECIAL RULES FOR INVENTORY EX21 CHANGES.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), in any case in which a manufacturer, pro24 ducer, or importer of a taxable carbon substance ex25 changes such substance as part of an inventory ex26 change with another person— 


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1 ‘‘(A) such exchange shall not be treated as 

2 a sale, and 

3 ‘‘(B) such other person shall, for purposes 

4 of section 4692, be treated as the manufac5 turer, producer, or importer of such substance. 

6 ‘‘(2) REGISTRATION REQUIREMENT.—Para7 graph (1) shall not apply to any inventory exchange 

8 unless— 

9 ‘‘(A) both parties are registered with the 

10 Secretary as manufacturers, producers, or im11 porters of taxable carbon substances, and 

12 ‘‘(B) the person receiving the taxable car13 bon substance has, at such time as the Sec14 retary may prescribe, notified the manufac15 turer, producer, or importer of such person’s 

16 registration number and the internal revenue 

17 district in which such person is registered. 

18 ‘‘(3) INVENTORY EXCHANGE.—For purposes of 

19 this subsection, the term ‘inventory exchange’ means 

20 any exchange in which 2 persons exchange property 

21 which is, in the hands of each person, property de22 scribed in section 1221(a)(1). 

23 ‘‘PART III—TAX ON CERTAIN ADDITIONAL 

24 IMPORTED PRODUCTS 

‘‘Sec. 4695. Imposition of tax. 

‘‘Sec. 4696. Imported taxable product. 


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1 ‘‘SEC. 4695. IMPOSITION OF TAX. 

2 ‘‘(a) IN GENERAL.—There is hereby imposed a tax 

3 on any imported taxable product sold or used by the im4 porter thereof. 

5 ‘‘(b) AMOUNT OF TAX.—The amount of the tax im6 posed by subsection (a) with respect to any imported tax7 able product shall be the applicable amount under section 

8 4692 per ton on the lesser of— 

9 ‘‘(1) the taxable carbon substances used in the 

10 manufacture or production of such product, or 

11 ‘‘(2) the carbon dioxide emissions attributable 

12 to the manufacture or production of such product. 

13 ‘‘(c) PROCEDURE TO CHALLENGE INFORMATION

14 PROVIDED BY IMPORTER.—The Secretary shall establish 

15 a procedure under which interested persons may examine 

16 the information provided by an importer for purposes of 

17 this section, and bring to the attention of the Secretary 

18 any suspected errors in such information. 

19 ‘‘SEC. 4696. IMPORTED TAXABLE PRODUCT. 

20 ‘‘(a) IN GENERAL.—For purposes of this part, the 

21 term ‘imported taxable product’ means any article which, 

22 at the time of such article’s sale or use by the importer, 

23 is described in the same heading of the Harmonized Tariff 

24 Schedule of the United States as a like article produced 

25 in a listed industry. 


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1 ‘‘(b) LISTED INDUSTRY.—For purposes of this sec2 tion— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), the term ‘listed industry’ means any in5 dustry listed by the Administrator as being among 

6 the industries which, in the aggregate, account for 

7 95 percent of the taxable carbon substances used in 

8 the United States. An industry may not be omitted 

9 from the list under the preceding sentence if it uses 

10 more taxable carbon substances per unit of output 

11 than any industry which is so listed. 

12 ‘‘(2) SPECIAL RULE FOR 2020 THROUGH 2022.— 

13 ‘‘(A) 2020.—During 2020, the term ‘listed 

14 industry’ shall include only the 6 industries on 

15 the list under paragraph (1) having the highest 

16 average use of taxable carbon substances per 

17 unit of output. 

18 ‘‘(B) 2021 AND 2022.—During 2021 and 

19 2022, the term ‘listed industry’ shall include 

20 only— 

21 ‘‘(i) the industries described in sub22 paragraph (A), and 

‘‘(ii)(I) in the case of 2021, the 1 23 ⁄3 of 

24 the remaining industries on such list havVerDate Sep 11 2014 02:47 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3966.IH H3966

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1 ing the highest average use of taxable car2 bon substances per unit of output, or 

‘‘(II) in the case of 2022, the 2 3 ⁄3 of 

4 the remaining industries on such list hav5 ing the highest average use of taxable car6 bon substances per unit of output. 

7 ‘‘(c) OTHER DEFINITIONS.—For purposes of this 

8 part, the terms ‘importer’, ‘taxable carbon substance’, and 

9 ‘United States’ have the respective meanings given such 

10 terms by part II. 

11 ‘‘PART IV—TAX ON FLUORINATED GREENHOUSE 

12 GASES 

13 ‘‘SEC. 4697. IMPOSITION OF TAX. 

14 ‘‘(a) FLUORINATED GAS FEE.—There is hereby im15 posed a tax on any fluorinated greenhouse gas which is 

16 required to be reported under part 98 of title 40, Code 

17 of Federal Regulations. 

18 ‘‘(b) AMOUNT.—The tax imposed under subsection 

19 (a) shall be paid by the person required to so report in 

20 an amount equal to— 

21 ‘‘(1) the total amount, in metric tons of CO2- 

22 e, of emitted fluorinated greenhouse gases (or, in the 

23 case of a supplier, emissions that would result deter24 mined under the rules of such part), multiplied by 


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1 ‘‘(2) an amount equal to 10 percent of the ap2 plicable amount in effect under section 4692 for the 

3 calendar year of such emission. 

4 ‘‘PART V—SUPERMAJORITY REQUIRED TO 

5 CHANGE REVENUE NEUTRALITY 

6 ‘‘SEC. 4698. SUPERMAJORITY REQUIRED. 

7 ‘‘A bill, joint resolution, amendment to a bill or joint 

8 resolution, or conference report that increases aggregate 

9 revenues under parts II, III, and IV greater than the ag10 gregate of— 

11 ‘‘(1) the reduction in revenues under part I, 

12 and 

13 ‘‘(2) the aggregate expenditures under sections 

14 2 and 3 of the Raise Wages, Cut Carbon Act of 

15 2019, 

16 may not be considered as passed or agreed to by the 

17 House of Representatives or the Senate unless so deter18 mined by a vote of not less than two-thirds of the Members 

19 of the House of Representatives or the Senate (as the case 

20 may be) voting, a quorum being present.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sub22 chapters for chapter 38 of such Code is amended by add23 ing at the end the following new item: 

‘‘SUBCHAPTER F. REDUCTION OF SOCIAL SECURITY TAXES; TAX ON

COMBUSTIBLE FOSSIL FUELS’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on January 1, 2020. 

3 SEC. 5. AMENDMENTS TO THE CLEAN AIR ACT. 

4 (a) IN GENERAL.—Title III of the Clean Air Act (42 

5 U.S.C. 7601) is amended by adding at the end the fol6 lowing: 

7 ‘‘SEC. 330. SUSPENSION OF REGULATION OF FUELS AND 

8 EMISSIONS BASED ON GREENHOUSE GAS EF9 FECTS. 

10 ‘‘(a) FUELS.—Unless specifically authorized in sec11 tion 202, 211, 213, or 231 or this section, if a tax is im12 posed by part II or III of subchapter E of chapter 38 

13 of the Internal Revenue Code of 1986 with respect to a 

14 covered fuel, the Administrator shall not enforce any rule 

15 limiting the emission of greenhouse gases from the com16 bustion of that fuel under this Act (or impose any require17 ment on any State to limit such emission) on the basis 

18 of the emission’s greenhouse gas effects. 

19 ‘‘(b) EMISSIONS.—Unless specifically authorized in 

20 section 202, 211, 213, or 231 or this section, if a tax is 

21 imposed by part IV of subchapter E of chapter 38 of the 

22 Internal Revenue Code of 1986 with respect to a 

23 fluorinated greenhouse gas, the Administrator shall not 

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1 pose any requirement on any State to limit such gas) on 

2 the basis of the greenhouse gas effects of such gas. 

3 ‘‘(c) AUTHORIZED REGULATION.—Notwithstanding 

4 subsections (a) and (b), nothing in this section limits the 

5 Administrator’s authority pursuant to any other provision 

6 of this Act— 

7 ‘‘(1) to limit the emission of any greenhouse 

8 gas because of any adverse impact on health or wel9 fare other than its greenhouse gas effects; 

10 ‘‘(2) in limiting emissions as described in para11 graph (1), to consider the collateral benefits of lim12 iting the emissions because of greenhouse gas ef13 fects; 

14 ‘‘(3) to limit the emission of black carbon or 

15 any other pollutant that is not a greenhouse gas 

16 that the Administrator determines by rule has heat17 trapping properties; or 

18 ‘‘(4) to take any action with respect to any 

19 greenhouse gas other than limiting its emission, in20 cluding— 

21 ‘‘(A) monitoring, reporting, and record22 keeping requirements; 

23 ‘‘(B) conducting or supporting investiga24 tions; and 

25 ‘‘(C) information collection. 


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1 ‘‘(d) EXCEPTION FOR CERTAIN GREENHOUSE GAS

2 EMISSIONS.—Notwithstanding subsections (a) and (b), 

3 nothing in this section limits the Administrator’s authority 

4 to regulate greenhouse gas emissions from— 

5 ‘‘(1) sources that— 

6 ‘‘(A) are subject to subpart OOOO or 

7 OOOOa of part 60 of title 40, Code of Federal 

8 Regulations, as in effect or January 1, 2018; or 

9 ‘‘(B) would be subject to such subpart 

10 OOOO or subpart OOOOa if such subpart ap11 plied regardless of the date on which construc12 tion, modification, or reconstruction of the 

13 source involved commenced; or 

14 ‘‘(2) POTW Treatment Plants (as defined in 

15 section 403.3(r) of title 40, Code of Federal Regula16 tions). 

17 ‘‘(e) SUSPENSION EXPIRATION.— 

18 ‘‘(1) DETERMINATION.—The Administrator 

19 shall make a determination by March 30, 2030, and 

20 no less than once every five years thereafter, as to 

21 whether cumulative greenhouse gas emissions from 

22 covered fuels subject to tax under part II or III of 

23 subchapter E of chapter 38 of the Internal Revenue 

24 Code of 1986 during the period from calendar year 

25 2022 through the calendar year preceding the deterVerDate Sep 11 2014 02:47 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3966.IH H3966

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1 mination exceed the cumulative emissions for that 

2 period that would have occurred if subsection (a) 

3 had not applied during such period. 

4 ‘‘(2) CONSEQUENCE OF CUMULATIVE EMIS5 SIONS EXCEEDANCE.—If the Administrator deter6 mines under paragraph (1) that cumulative green7 house gas emissions from covered fuels subject to 

8 tax under part II or III of subchapter E of chapter 

9 38 of the Internal Revenue Code of 1986 exceed the 

10 cumulative emissions for the period covered by the 

11 determination that would have occurred if subsection 

12 (a) had not applied during such period, then sub13 sections (a) and (b) of this section, and the prohibi14 tion in section 211(c)(5) of this Act, shall cease to 

15 apply as of such determination. 

16 ‘‘(f) ASSURING ENVIRONMENTAL INTEGRITY.— 

17 ‘‘(1) AUTHORITY.—If the Administrator makes 

18 the determination described in subsection (e)(2), the 

19 Administrator shall— 

20 ‘‘(A) issue such regulations as the Admin21 istrator deems necessary to bring greenhouse 

22 gas emissions from covered fuels subject to tax 

23 under part II or III of subchapter E of chapter 

24 38 of the Internal Revenue Code of 1986 to lev25 els that are at or below the level at which such 


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•HR 3966 IH

1 emissions would have been if subsection (a) had 

2 never applied, and 

3 ‘‘(B) require in such regulations that addi4 tional reductions in greenhouse gas emissions 

5 are achieved to fully compensate for any 

6 amount by which greenhouse gas emissions 

7 from such fuels during the period referred to in 

8 subsection (e)(2) exceeded the levels at which 

9 such emissions would have been if subsection 

10 (a) had never applied. 

11 ‘‘(2) DEADLINE FOR FINALIZING REGULA12 TIONS.—The Administrator shall finalize any regula13 tions required by paragraph (1) not later than two 

14 years after the Administrator makes the relevant de15 termination pursuant to such paragraph. 

16 ‘‘(3) ACHIEVEMENT OF ADDITIONAL REDUC17 TIONS.—Regulations issued pursuant to paragraph 

18 (1) shall ensure that any additional reductions re19 quired by paragraph (1)(B) are fully achieved by no 

20 later than eight years after the Administrator makes 

21 the determination described in subsection (e)(1). 

22 ‘‘(g) DEFINITIONS.—In this section— 

23 ‘‘(1) GREENHOUSE GAS.—The term ‘greenhouse 

24 gas’ means carbon dioxide (CO2), methane (CH4), 

25 nitrous oxide (N2O), sulfur hexafluoride (SF6), hyVerDate Sep 11 2014 20:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3966.IH H3966

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•HR 3966 IH

1 drofluorocarbons (HFCs), perfluorocarbon (PFCs), 

2 and other gases as defined by rule of the Adminis3 trator. 

4 ‘‘(2) GREENHOUSE GAS EFFECT.—The term 

5 ‘greenhouse gas effect’ means the adverse effects of 

6 greenhouse gases on health or welfare caused by the 

7 greenhouse gas’s heat-trapping potential or its effect 

8 on ocean acidification.’’. 

9 (b) NEW MOTOR VEHICLES AND NEW MOTOR VEHI10 CLE ENGINES.—Section 202(b) of the Clean Air Act (42 

11 U.S.C. 7521(b)) is amended— 

12 (1) by redesignating the second paragraph (3) 

13 (as redesignated by section 230(4)(C) of Public Law 

14 101–549 (104 Stat. 2529)) as paragraph (4); and 

15 (2) by adding at the end the following: 

16 ‘‘(5) Notwithstanding subsections (a) and (b) of 

17 section 330, the Administrator may— 

18 ‘‘(A) limit the emission of any greenhouse 

19 gas (as defined in section 330(g)) on the basis 

20 of the emission’s greenhouse gas effects (as de21 fined in such section) from any class or classes 

22 of new motor vehicles or new motor vehicle en23 gines subject to regulation under subsection 

24 (a)(1); and 


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•HR 3966 IH

1 ‘‘(B) grant a waiver under section 

2 209(b)(1) for standards for the control of 

3 greenhouse gas emissions.’’. 

4 (c) FUELS.—Section 211(c) of the Clean Air Act (42 

5 U.S.C. 7545(c)) is amended by adding at the end the fol6 lowing new paragraph: 

7 ‘‘(5) The Administrator shall not, pursuant to this 

8 subsection, impose on any manufacturer or processor of 

9 fuel any requirement for the purpose of reducing the emis10 sion of any greenhouse gas (as defined in section 330(g)) 

11 produced by combustion of the fuel on the basis of the 

12 emission’s greenhouse gas effects (as defined in such sec13 tion).’’. 

14 (d) NONROAD ENGINES AND VEHICLES EMISSIONS

15 STANDARDS.—Section 213 of the Clean Air Act (42 

16 U.S.C. 7547) is amended by adding at the end the fol17 lowing: 

18 ‘‘(e) GREENHOUSE GAS EMISSIONS.—Notwith19 standing section 330(a), the Administrator may limit the 

20 emission of any greenhouse gas (as defined in section 

21 330(g)) on the basis of the emission’s greenhouse gas ef22 fects (as defined in such section) from any nonroad en23 gines and nonroad vehicles subject to regulation under this 

24 section.’’. 


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1 (e) AIRCRAFT EMISSION STANDARDS.—Section 231 

2 of the Clean Air Act (42 U.S.C. 7571) is amended by add3 ing at the end the following new subsection: 

4 ‘‘(d) Notwithstanding subsections (a) and (b) of sec5 tion 330, the Administrator may limit the emission of any 

6 greenhouse gas (as defined in section 330(g)) on the basis 

7 of the emission’s greenhouse gas effects (as defined in 

8 such section) from any class or classes of aircraft engines, 

9 so long as any such limitation is not more stringent than 

10 the standards adopted by the International Civil Aviation 

11 Organization.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS