(6) make findings and recommendations on ad-
justing regulations enacted under the Clean Air Act 
and other Federal laws that affect economic sectors 
achieving the emissions reduction targets set forth in 
section 9903 of such Code; and 
(7) provide an assessment of any other factors 
determined to be material to the program’s effi-
ciency and effectiveness in achieving the goals set 
forth in this act. 
(c) REPORT MADE PUBLICLY AVAILABLE.—Not later 
than 10 years after the date of the enactment of this Act, 
the Secretary of Energy shall submit to Congress the re-
port required under subsection (a). Such report shall be 
made electronically available to the public and open to 
public comment for at least 60 days before the final sub-
mission to Congress. 
SEC. 7. IMPACT OF CARBON FEE ON BIOMASS USE AND 
CARBON SINKS. 
(a) STUDY OF BIOMASS.—The Secretary of Energy 
shall enter into an agreement with the National Academy 
of Sciences to conduct a study, make recommendations, 
and submit a report regarding the impact of the carbon 
fee on the use of biomass as an energy source and the 
resulting impacts on carbon sinks. 
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(b) STUDY REQUIREMENTS.—The study conducted 
under subsection (a) by the National Academy of Sciences 
shall include analysis, documentation, and determinations 
on— 
(1) the carbon fee and its impact on the use of 
biomass as an energy source and greenhouse gas 
emissions from the use of biomass as an energy 
source; 
(2) the impacts of the use of biomass as an en-
ergy source on carbon sinks; and 
(3) the various types of biomass that are being 
used as an energy source. 
(c) RECOMMENDATIONS.—Based on the findings and 
conclusions of the study, the National Academy of 
Sciences shall make recommendations to Federal depart-
ments and agencies and to Congress. The recommenda-
tions shall include any actions that should be taken to 
mitigate impacts of the carbon fee on— 
(1) increasing greenhouse gas emissions from 
the use of biomass as an energy source; and 
(2) degradation of carbon sinks relating to the 
use of biomass as an energy source. 
(d) REPORT.—The National Academy of Sciences 
shall prepare a report that includes any findings and rec-
ommendations made pursuant to this section and, not 
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later than 18 months after the date of the enactment of 
this Act, make such report electronically available to the 
public. 
SEC. 8. AMENDMENTS TO THE CLEAN AIR ACT. 
(a) IN GENERAL.—Title III of the Clean Air Act (42 
U.S.C. 7601) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 330. SUSPENSION OF REGULATION OF FUELS AND 
EMISSIONS BASED ON GREENHOUSE GAS EF-
FECTS. 
‘‘(a) FUELS.—Unless specifically authorized in sec-
tion 202, 211, 213, or 231 or this section, if a carbon 
fee is imposed by section 9902 or 9908 of the Internal 
Revenue Code of 1986 with respect to a covered fuel, the 
Administrator shall not enforce any rule limiting the emis-
sion of greenhouse gases from the combustion of that fuel 
under this Act (or impose any requirement on any State 
to limit such emission) on the basis of the emission’s 
greenhouse gas effects. 
‘‘(b) EMISSIONS.—Unless specifically authorized in 
section 202, 211, 213, or 231 or this section, if a fee is 
imposed by section 9904 of the Internal Revenue Code of 
1986 with respect to a fluorinated greenhouse gas, the Ad-
ministrator shall not enforce any rule limiting such gas 
under this Act (or impose any requirement on any State 
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to limit such gas) on the basis of the greenhouse gas ef-
fects of such gas. 
‘‘(c) AUTHORIZED REGULATION.—Notwithstanding 
subsections (a) and (b), nothing in this section limits the 
Administrator’s authority pursuant to any other provision 
of this Act— 
‘‘(1) to limit the emission of any greenhouse 
gas because of any adverse impact on health or wel-
fare other than its greenhouse gas effects; 
‘‘(2) in limiting emissions as described in para-
graph (1), to consider the collateral benefits of lim-
iting the emissions because of greenhouse gas ef-
fects; 
‘‘(3) to limit the emission of black carbon or 
any other pollutant that is not a greenhouse gas 
that the Administrator determines by rule has heat- 
trapping properties; or 
‘‘(4) to take any action with respect to any 
greenhouse gas other than limiting its emission, in-
cluding— 
‘‘(A) monitoring, reporting, and record- 
keeping requirements; 
‘‘(B) conducting or supporting investiga-
tions; and 
‘‘(C) information collection. 
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‘‘(d) EXCEPTION FOR CERTAIN GREENHOUSE GAS 
EMISSIONS.—Notwithstanding subsections (a) and (b), 
nothing in this section limits the Administrator’s authority 
to regulate greenhouse gas emissions from— 
‘‘(1) sources that— 
‘‘(A) are subject to subpart OOOO or 
OOOOa of part 60 of title 40, Code of Federal 
Regulations, as in effect or January 1, 2018; or 
‘‘(B) would be subject to such subpart 
OOOO or subpart OOOOa if such subpart ap-
plied regardless of the date on which construc-
tion, modification, or reconstruction of the 
source involved commenced; or 
‘‘(2) POTW Treatment Plants (as defined in 
section 403.3(r) of title 40, Code of Federal Regula-
tions). 
‘‘(e) SUSPENSION EXPIRATION.— 
‘‘(1) 
DETERMINATION.—The 
Administrator 
shall make a determination by March 30, 2030, and 
no less than once every five years thereafter, based 
on the determination required by section 9903(b) of 
the Internal Revenue Code of 1986, as to whether 
cumulative greenhouse gas emissions from covered 
fuels subject to taxation under section 9902 of such 
Code during the period from calendar year 2022 
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through the calendar year preceding the determina-
tion exceed the cumulative emissions for that period 
that would have occurred if the emission reduction 
targets in section 9903(a)(2) of such Code were met. 
‘‘(2) CONSEQUENCE
OF
CUMULATIVE
EMIS-
SIONS
EXCEEDANCE.—If the Administrator deter-
mines under paragraph (1) that cumulative green-
house gas emissions from covered fuels subject to 
tax under section 9902 of the Internal Revenue 
Code of 1986 exceed the cumulative emissions for 
the period covered by the determination that would 
have occurred if the emission reduction targets in 
section 9903(a)(2) of such Code were met, then the 
prohibitions in subsection (a) of this section, and in 
section 211(c)(5) of this Act, shall cease to apply. 
‘‘(f) ASSURING ENVIRONMENTAL INTEGRITY.— 
‘‘(1) AUTHORITY.—If the Administrator deter-
mines pursuant to subsection (e)(1) of this section 
that the emission reduction targets in section 9903 
(a)(2) of the Internal Revenue Code of 1986 are not 
met— 
‘‘(A) subsections (a) and (b) shall cease to 
apply; and 
‘‘(B) the Administrator shall— 
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no later than eight years after the Administrator 
makes the determination pursuant to subsection 
(e)(1) described in paragraph (1). 
‘‘(g) DEFINITIONS.—In this section, the terms 
‘greenhouse gas’ and ‘greenhouse gas effects’ have the 
meanings given to those terms in section 9901 of the In-
ternal Revenue Code of 1986.’’. 
(b) NEW MOTOR VEHICLES AND NEW MOTOR VEHI-
CLE ENGINES.—Section 202(b) of the Clean Air Act (42 
U.S.C. 7521(b)) is amended— 
(1) by redesignating the second paragraph (3) 
(as redesignated by section 230(4)(C) of Public Law 
101–549 (104 Stat. 2529)) as paragraph (4); and 
(2) by adding at the end the following: 
‘‘(5) Notwithstanding subsections (a) and (b) of 
section 330, the Administrator may— 
‘‘(A) limit the emission of any greenhouse 
gas (as defined in section 9901 of the Internal 
Revenue Code of 1986) on the basis of the 
emission’s greenhouse gas effects (as defined in 
section 9901 of the Internal Revenue Code of 
1986) from any class or classes of new motor 
vehicles or new motor vehicle engines subject to 
regulation under subsection (a)(1); and 
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‘‘(B) 
grant 
a 
waiver 
under 
section 
209(b)(1) for standards for the control of 
greenhouse gas emissions.’’. 
(c) FUELS.—Section 211(c) of the Clean Air Act (42 
U.S.C. 7545(c)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(5) The Administrator shall not, pursuant to this 
subsection, impose on any manufacturer or processor of 
fuel any requirement for the purpose of reducing the emis-
sion of any greenhouse gas (as defined in section 9901 
of the Internal Revenue Code of 1986) produced by com-
bustion of the fuel on the basis of the emission’s green-
house gas effects (as defined in section 9901 of the Inter-
nal Revenue Code of 1986).’’. 
(d) NONROAD ENGINES AND VEHICLES EMISSIONS 
STANDARDS.—Section 213 of the Clean Air Act (42 
U.S.C. 7547) is amended by adding at the end the fol-
lowing: 
‘‘(e) 
GREENHOUSE
GAS
EMISSIONS.—Notwith-
standing section 330(a), the Administrator may limit the 
emission of any greenhouse gas (as defined in section 
9901 of the Internal Revenue Code of 1986) on the basis 
of the emission’s greenhouse gas effects (as defined in sec-
tion 9901 of the Internal Revenue Code of 1986) from 
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any nonroad engines and nonroad vehicles subject to regu-
lation under this section.’’. 
(e) AIRCRAFT EMISSION STANDARDS.—Section 231 
of the Clean Air Act (42 U.S.C. 7571) is amended by add-
ing at the end the following new subsection: 
‘‘(d) Notwithstanding subsections (a) and (b) of sec-
tion 330, the Administrator may limit the emission of any 
greenhouse gas (as defined in section 9901 of the Internal 
Revenue Code of 1986) on the basis of the emission’s 
greenhouse gas effects (as defined in section 9901 of the 
Internal Revenue Code of 1986) from any class or classes 
of aircraft engines, so long as any such limitation is not 
more stringent than the standards adopted by the Inter-
national Civil Aviation Organization.’’. 
SEC. 9. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on the date of the enactment of this Act, except the carbon 
fee under section 9902 of the Internal Revenue Code of 
1986 shall apply to uses, sales, or transfers more than 
270 days after the date of the enactment of this Act. 
SEC. 10. PRINCIPLE OF INTERPRETATION. 
In the case of ambiguity, the texts of this statute and 
its amending texts shall be interpreted so as to allow for 
the most effective abatement of greenhouse gas emissions. 
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SEC. 11. NO PREEMPTION OF STATE LAW. 
Nothing in this legislation shall preempt or super-
sede, or be interpreted to preempt or supersede, any State 
law or regulation. 
Æ 
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