‘‘(5) CARBON-INTENSIVE
GOOD.—The term 
‘carbon-intensive good’ means a good that (as identi-
fied by the Secretary by rule)— 
‘‘(A) is a primary product, or 
‘‘(B) is a manufactured item in which one 
or more primary products are inputs and the 
cost of production of which in the United States 
is significantly increased by this subchapter. 
‘‘(6) PRIMARY PRODUCT.—The term ‘primary 
product’ means— 
‘‘(A) iron, steel, steel mill products (includ-
ing pipe and tube), aluminum, cement, glass 
(including flat, container, and specialty glass 
and fiberglass), pulp, paper, chemicals, or in-
dustrial ceramics, and 
‘‘(B) any other manufactured product that 
the Secretary determines— 
‘‘(i) is sold for purposes of further 
manufacture, and 
‘‘(ii) generates, in the course of the 
manufacture of the product, direct and in-
direct greenhouse gas emissions that are 
comparable (on an emissions-per-dollar of 
output basis) to emissions generated in the 
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manufacture or production of primary 
products identified in subparagraph (A). 
‘‘(7) EQUIVALENT MEASURE.—The term ‘equiv-
alent measure’ means a tax or other regulatory re-
quirement that imposes a cost on manufacturers of 
carbon intensive goods located outside the United 
States approximately equal to the cost imposed by 
section 4691 on manufacturers of comparable car-
bon intensive goods located in the United States. 
‘‘(b) USE TREATED AS SALE.—If any person manu-
factures, produces, or imports any taxable carbon sub-
stance and uses such substance, then such person shall 
be liable for tax under section 4691 in the same manner 
as if such substance were sold by such person. 
‘‘(c) 
SPECIAL
RULES
FOR
INVENTORY
EX-
CHANGES.— 
‘‘(1) IN GENERAL.—Except as provided in this 
paragraph, in any case in which a manufacturer, 
producer, or importer of a taxable carbon substance 
exchanges such substance as part of an inventory ex-
change with another person— 
‘‘(A) such exchange shall not be treated as 
a sale, and 
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‘‘(B) such other person shall, for purposes 
of section 4691, be treated as the manufac-
turer, producer, or importer of such substance. 
‘‘(2) 
REGISTRATION
REQUIREMENT.—Para-
graph (1) shall not apply to any inventory exchange 
unless— 
‘‘(A) both parties are registered with the 
Secretary as manufacturers, producers, or im-
porters of taxable carbon substances, and 
‘‘(B) the person receiving the taxable car-
bon substance has, at such time as the Sec-
retary may prescribe, notified the manufac-
turer, producer, or importer of such person’s 
registration number and the internal revenue 
district in which such person is registered. 
‘‘(3) INVENTORY EXCHANGE.—For purposes of 
this subsection, the term ‘inventory exchange’ means 
any exchange in which 2 persons exchange property 
which is, in the hands of each person, property de-
scribed in section 1221(a)(1).’’. 
(b) ESTABLISHMENT OF AMERICA’S ENERGY SECU-
RITY TRUST FUND.—Subchapter A of chapter 98 of such 
Code (relating to trust fund code) is amended by adding 
at the end the following: 
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‘‘SEC. 9511. AMERICA’S ENERGY SECURITY TRUST FUND. 
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as ‘America’s Energy Security Trust Fund’ 
(referred to in this section as the ‘Trust Fund’), consisting 
of such amounts as may be appropriated or credited to 
the Trust Fund as provided in this section or section 
9602(b). 
‘‘(b) TRANSFERS TO TRUST FUND.—There is hereby 
appropriated to the Trust Fund an amount equivalent to 
the increase in revenues received in the Treasury as the 
result of the tax imposed under section 4691. 
‘‘(c) DISTRIBUTION OF AMOUNTS IN TRUST FUND.— 
Amounts in the Trust Fund equivalent to the taxes re-
ceived in the Treasury under section 4691 for a calendar 
year shall be available without further appropriation, as 
follows: 
‘‘(1) First, the lesser of 1⁄6 of such amount or 
$10,000,000,000 shall be available for a tax credit 
for research, development, or investment into clean 
energy technology. 
‘‘(2) Second, the affected industry transition as-
sistance amount shall be available for transition as-
sistance to industries negatively affected by the 
America’s Energy Security Trust Fund Act of 2009, 
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as determined by the Secretary of the Treasury in 
consultation with the Secretary of Labor. 
‘‘(3) Third, the amount remaining after the ap-
plication of paragraphs (1) and (2) shall be available 
for payroll tax relief under rebate paid under section 
36B. 
‘‘(d) AFFECTED INDUSTRY TRANSITION ASSISTANCE 
AMOUNT.—For purposes of subsection (c)(2), the affected 
industry transition assistance amount is the amount deter-
mined as follows: 
‘‘(1) For calendar year 2009, 1⁄12 of the amount 
in the Trust Fund equivalent to the taxes received 
in the Treasury under section 4691 for calendar 
year 2009, determined after the application of sub-
section (c)(1). 
‘‘(2) For calendar year 2010, 9⁄10 of the amount 
made available under paragraph (1) for calendar 
year 2009. 
‘‘(3) For calendar year 2011, 4⁄5 of the amount 
made available under paragraph (1) for calendar 
year 2009. 
‘‘(4) For calendar year 2012, 7⁄10 of the amount 
made available under paragraph (1) for calendar 
year 2009. 
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‘‘(5) For calendar year 2013, 3⁄5 of the amount 
made available under paragraph (1) for calendar 
year 2009. 
‘‘(6) For calendar year 2014, 1⁄2 of the amount 
made available under paragraph (1) for calendar 
year 2009. 
‘‘(7) For calendar year 2015, 2⁄5 of the amount 
made available under paragraph (1) for calendar 
year 2009. 
‘‘(8) For calendar year 2016, 3⁄10 of the amount 
made available under paragraph (1) for calendar 
year 2009. 
‘‘(9) For calendar year 2017, 1⁄5 of the amount 
made available under paragraph (1) for calendar 
year 2009. 
‘‘(10) For calendar year 2018, 1⁄10 of the 
amount made available under paragraph (1) for cal-
endar year 2009. 
‘‘(11) For calendar years after 2018, zero.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) The table of subchapters for chapter 38 of 
such Code is amended by adding at the end thereof 
the following new item: 
‘‘SUBCHAPTER E—TAX ON CARBON DIOXIDE CONTENT OF CERTAIN 
SUBSTANCES’’. 
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(2) The table of sections for subchapter A of 
chapter 98 of such Code is amended by adding at 
the end the following: 
‘‘Sec. 9511. America’s Energy Security Trust Fund.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 3. CARBON TAX REBATE OF PAYROLL TAX. 
(a) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to refundable credits) is amended by insert-
ing after section 36A the following new section: 
‘‘SEC. 36B. CARBON TAX REBATE OF PAYROLL TAX. 
‘‘(a) IN GENERAL.—In the case of an individual, 
there shall be allowed as a credit against the tax imposed 
by this subtitle for the taxable year an amount equal to 
the carbon tax rebate. 
‘‘(b) CARBON TAX REBATE.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘carbon tax rebate’ means with re-
spect to a taxable year the individual’s share of the 
amount determined by the Secretary on a per capita 
basis to be the amount available under section 
9511(c)(3) for the calendar year in which or with 
which the taxable year begins. 
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‘‘(2) DETERMINATION BASED ON ESTIMATES.— 
The determination under paragraph (1) shall be 
made on the basis of estimates by the Secretary, and 
proper adjustments shall be made in amounts avail-
able under section 9511(c)(3) for the succeeding tax-
able year to the extent prior estimates were in excess 
of or less than the amounts actually available under 
such section for the prior taxable year. 
‘‘(c) LIMITATION BASED ON PAYROLL TAXES PAID 
AND SOCIAL SECURITY BENEFITS.— 
‘‘(1) IN GENERAL.—The amount allowed as a 
credit under subsection (a) with respect to any indi-
vidual for a taxable year shall not exceed the greater 
of— 
‘‘(A) the total amount of taxes paid with 
respect to such individual for such taxable year 
under section 1401 and chapters 21 and 22, de-
termined after taking into account any refund 
under section 31(b) and 6413(c), or 
‘‘(B) 10 percent of the aggregate amount 
of social security benefits (within the meaning 
of section 86(d)) received by such individual for 
the taxable year. 
‘‘(2) SPECIAL
RULE
FOR
SOCIAL
SECURITY 
BENEFITS RECEIVED FOR LESS THAN 12 MONTHS.— 
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For purposes of paragraph (1)(B), if Social Security 
benefits (as so defined) were not received for each 
month in the taxable year, such benefits shall be 
annualized by multiplying the Social Security bene-
fits received by 12 and dividing the result by the 
number of months in such taxable year for which 
such benefits were received. 
‘‘(d) DENIAL
OF CREDIT
TO DEPENDENTS.—No 
credit shall be allowed under subsection (a) to an indi-
vidual for such individual’s taxable year if a deduction 
under section 151 with respect to such individual is al-
lowed to another taxpayer for a taxable year beginning 
in the calendar year in which such individual’s taxable 
year begins.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Paragraph (2) of section 1324(b) of title 
31, United States Code, is amended by inserting 
‘‘36B,’’ after ‘‘36A,’’. 
(2) The table of sections for subpart C of part 
IV of subchapter A of chapter 1 of the Internal Rev-
enue Code of 1986 is amended by inserting after the 
item relating to section 36A the following new item: 
‘‘Sec. 36B. Carbon tax rebate of payroll tax.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2008. 
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SEC. 4. STUDY OF TAXATION OF NON-CARBON GREEN-
HOUSE GASES. 
(a) IN GENERAL.—The Secretary of the Treasury, in 
consultation with the Secretary of Energy shall conduct 
a study of the best methods to assess and collect tax on 
non-carbon greenhouse gases similar to the tax imposed 
by section 4691 of the Internal Revenue Code of 1986 (as 
added by this Act). 
(b) REPORT.—Not later than 6 months after the date 
of the enactment of this Act, the Secretary of the Treasury 
shall submit to the Congress the findings of the report 
required under subsection (a) together with such legisla-
tive recommendations as the Secretary determine appro-
priate for the assessment and collection of such tax. 
SEC. 5. SENSE OF CONGRESS. 
It is the sense of Congress that the United States 
should work proactively under the United Nations Frame-
work Convention on Climate Change and in other appro-
priate fora to establish binding agreements committing all 
major greenhouse gas emitting nations and countries with 
globally competitive producers of carbon intensive goods 
to contribute equitably to the reduction of global green-
house gas emissions. 
Æ 
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