(1) INCENTIVE.—The Council shall have au-
thority to provide incentive payments, per pound of 
reclaimed and destroyed CFCs, HCFCs, and HFCs, 
to entities that document that CFCs, HCFCs, and 
HFCs have been reclaimed or destroyed by certified 
processes. The initial incentive shall be $1.00 per 
pound. Any change in the incentive amount must be 
approved by a two-thirds vote of the Board. 
(2) DOCUMENTING PROCEDURES.—The Council 
shall establish procedures to document that CFCs, 
HCFCs, and HFCs have been reclaimed or de-
stroyed. In establishing these procedures, the Coun-
cil shall consider regulations concerning reclamation 
and destruction processes promulgated by the Ad-
ministrator of the Environmental Protection Agency 
under section 608 of the Clean Air Act (42 U.S.C. 
7671g). 
(f) COMPLIANCE.— 
(1) It shall be unlawful to sell virgin HCFC 
and HFC refrigerants, all imported HCFC and 
HFC refrigerants, and imported equipment con-
taining HCFC and HFC refrigerants in the United 
States on which the levy has not been paid. 
(2) The Council may bring suit in Federal court 
to compel compliance with a levy assessed by the 
VerDate Aug 31 2005 
23:58 Aug 08, 2007
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3448.IH
H3448
bajohnson on PROD1PC77 with BILLS
Council under this Act. A successful action for com-
pliance under this section may also require payment 
by the defendant of the costs incurred by the Coun-
cil in bringing such action. 
(3) All refrigerant producers, importers, equip-
ment importers, and certified reclaimers and de-
struction process operators shall file annual reports 
with the Administrator. The reports shall contain, at 
a minimum, the amount of refrigerants manufac-
tured, imported, exported, reclaimed, and destroyed, 
and the amount of refrigerants contained in im-
ported equipment. 
(g) PENALTIES.—In the case of any person who sells 
refrigerants on which a levy has not been paid, the Admin-
istrator is authorized to take any of the actions provided 
for in section 113 of the Clean Air Act (42 U.S.C. 7413). 
(h) LOBBYING RESTRICTIONS.—No funds collected 
by the Council shall be used in any manner for influencing 
legislation or elections, except that the Council may rec-
ommend to the Administrator in writing changes in this 
Act or other statutes that would further the purposes of 
this Act. 
(i) PRICING.—In all cases, the price of refrigerants 
shall be determined by market forces. Consistent with the 
antitrust laws, the Council may take no action, nor may 
VerDate Aug 31 2005 
23:58 Aug 08, 2007
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3448.IH
H3448
bajohnson on PROD1PC77 with BILLS
any provision of this Act be interpreted as establishing an 
agreement to pass along to consumers the cost of the levy 
provided for in subsection (d). 
(j) REPORTS.—Within 2 years after the date of en-
actment of this Act, and at least once every 2 years there-
after, the Secretary and the Administrator shall jointly 
prepare and submit to the House of Representatives Com-
mittee on Energy and Commerce and the Senate Com-
mittee on Environment and Public Works a report exam-
ining whether operation of the Council, in conjunction 
with the cumulative effects of market changes and Federal 
programs, (1) has had an effect on refrigerant consumers 
and (2) has had an effect on ozone layer depletion and 
climate change. The Secretary and Administrator shall 
consider and, to the extent practicable, shall include in the 
report submissions by refrigerant users, distributors and 
consumers, and shall consider whether there have been 
long-term and short-term effects on refrigerant prices as 
a result of Council activities and Federal programs. To 
the extent that the report demonstrates that there has 
been an adverse effect, the Secretary and Administrator 
shall include recommendations for correcting the situation. 
SEC. 8. SUNWISE PROGRAM. 
The Administrator of the Environmental Protection 
Agency is authorized to carry out the mission and activi-
VerDate Aug 31 2005 
23:58 Aug 08, 2007
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3448.IH
H3448
bajohnson on PROD1PC77 with BILLS
ties of the SunWise Program to raise awareness of ozone 
layer depletion and the potential health risks of overexpo-
sure to ultraviolet radiation as well as measures that can 
be taken to avoid such overexposure. There is authorized 
to be appropriated $5 million for fiscal year 2009 and $5 
million for each of the next 5 years to carry out this sec-
tion. 
Æ 
VerDate Aug 31 2005 
23:58 Aug 08, 2007
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6301
E:\BILLS\H3448.IH
H3448
bajohnson on PROD1PC77 with BILLS