[Congressional Record Volume 166, Number 156 (Thursday, September 10, 2020)]
[Senate]
[Pages S5553-S5559]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2653. Ms. COLLINS (for herself, Mr. Alexander, and Ms. Murkowski) 
submitted an amendment intended to be proposed to amendment SA 2652 
proposed by Mr. McConnell to the bill S. 178, to condemn gross human 
rights violations of ethnic Turkic Muslims in Xinjiang, and calling for 
an end to arbitrary detention, torture, and harassment of these 
communities inside and outside China; which was ordered to lie on the 
table; as follows:

        Beginning on page 260, line 18, strike ``as follows'' and 
     all that follows through page 262, line 24, and insert the 
     following: ``not more than 15 days after receiving an award 
     from the Secretary under this section.''.
       Beginning on page 262, strike line 25 and all that follows 
     through ``(f)'' on page 268, line 9, and insert the 
     following:
       (d) Uses of Funds.--A local educational agency or non-
     public school that receives funds under subsection (c) or 
     section 105 may use funds for any of the following:
       (1) Activities to support returning to in-person 
     instruction, including purchasing personal protective 
     equipment, implementing flexible schedules to keep children 
     in isolated groups, purchasing box lunches so that children 
     can eat in their classroom, purchasing physical barriers, 
     providing additional transportation services, repurposing 
     existing school rooms and space, and improving ventilation 
     systems.
       (2) Developing and implementing procedures and systems to 
     improve the preparedness and response efforts of local 
     educational agencies or non-public schools including 
     coordination with State, local, Tribal, and territorial 
     public health departments, and other relevant agencies, to 
     improve coordinated responses among such entities to prevent, 
     prepare for, and respond to coronavirus.
       (3) Providing principals and other school leaders with the 
     resources necessary to address the needs of their individual 
     schools directly related to coronavirus.
       (4) Providing additional services to address the unique 
     needs of low-income children or students, children with 
     disabilities, English learners, racial and ethnic minorities, 
     students experiencing homelessness, and foster care youth, 
     including how outreach and service delivery will meet the 
     needs of each population.
       (5) Training and professional development for staff of the 
     local educational agency or non-public school on sanitation 
     and minimizing the spread of infectious diseases.
       (6) Purchasing supplies to sanitize, clean, and disinfect 
     the facilities of a local educational agency or non-public 
     school, including buildings operated by such agency.
       (7) Planning for and coordinating during long-term 
     closures, including for how to provide meals to eligible 
     students, how to provide technology for online learning to 
     all students, how to provide guidance for carrying out 
     requirements under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1401 et seq.) and how to ensure 
     other educational services can continue to be provided 
     consistent with all Federal, State, and local requirements.
       (8) Purchasing educational technology (including hardware, 
     software, and connectivity) for students who are served by 
     the local educational agency or non-public school that aids 
     in regular and substantive educational interaction between 
     students and their classroom instructors, including low-
     income students and students with disabilities, which may 
     include assistive technology or adaptive equipment.
       (9) Expanding healthcare and other health services 
     (including mental health services and supports), including 
     for children at risk of abuse or neglect.

[[Page S5554]]

       (10) Planning and implementing activities related to summer 
     learning and supplemental afterschool programs, including 
     providing classroom instruction or online learning during the 
     summer months and addressing the needs of low-income 
     students, students with disabilities, English learners, 
     migrant students, students experiencing homelessness, and 
     children in foster care.
       (e)
       On page 268, line 16, strike ``(g)'' and insert ``(f)''.
       On page 269, line 13, strike ``(h)'' and insert ``(g)''.
       On page 269, line 19, strike ``(i)'' and insert ``(h)''.
       On page 269, line 24, strike ``(j)'' and insert ``(i)''.
       On page 270, line 22, strike ``(e)'' and insert ``(d)''.
       On page 270, line 25, strike ``(e)'' and insert ``(d)''.
       Beginning on page 278, line 7, strike the comma at the end 
     and all that follows through page 279, line 3, and insert a 
     period.
       On page 279, line 4, strike ``(c)'' and insert ``(b)''.
                                 ______
                                 
  SA 2654. Mr. CASSIDY (for himself, Ms. Collins, and Mrs. Hyde-Smith) 
submitted an amendment intended to be proposed to amendment SA 2652 
proposed by Mr. McConnell to the bill S. 178, to condemn gross human 
rights violations of ethnic Turkic Muslims in Xinjiang, and calling for 
an end to arbitrary detention, torture, and harassment of these 
communities inside and outside China; which was ordered to lie on the 
table; as follows:

        At the appropriate place in title VIII of division A, 
     insert the following:

     SEC. __. CORONAVIRUS LOCAL COMMUNITY STABILIZATION FUND.

       (a) In General.--Title VI of the Social Security Act, as 
     added by section 5001(a) of the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136), is amended by 
     adding at the end the following:

     ``SEC. 602. CORONAVIRUS LOCAL COMMUNITY STABILIZATION FUND.

       ``(a) Appropriation.--
       ``(1) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated for making payments to States under this 
     section, $500,000,000,000 for fiscal year 2020, to remain 
     available until expended.
       ``(2) Reservation of funds.--Of the amount appropriated 
     under paragraph (1), the Secretary shall reserve 
     $16,000,000,000 of such amount for making payments to Tribal 
     governments under subsection (c)(7).
       ``(b) Authority To Make Payments.--
       ``(1) In general.--The Secretary shall pay each State the 
     following amounts:
       ``(A) Not later than 30 days after the date of enactment of 
     this section, the relative population proportion amount 
     determined for the State under subsection (c)(1).
       ``(B) Not later than 30 days after the date of enactment of 
     this section, the relative infected population proportion 
     amount determined for the State under subsection (c)(2).
       ``(C) As soon as practicable after December 31, 2020, the 
     relative lost revenue proportion amount determined for the 
     State under subsection (c)(3).
       ``(2) Amounts reserved for payments to local governments.--
     A State shall reserve \1/3\ of each amount received by the 
     State under paragraph (1) to make direct payments to units of 
     local government in the State under subsection (c)(6).
       ``(c) Payment Amounts.--
       ``(1) Relative population proportion amount.--Subject to 
     paragraph (5), the relative population proportion amount for 
     a State is the product of--
       ``(A) $161,333,333,333; and
       ``(B) the amount equal to the quotient of--
       ``(i) the population of the State; and
       ``(ii) the total population of all States.
       ``(2) Relative infected population proportion amount.--
     Subject to subparagraph (5), the relative infected population 
     proportion amount determined under this paragraph for a State 
     is the product of--
       ``(A) $161,333,333,333; and
       ``(B) the quotient of--
       ``(i) the cumulative population of the State that has been 
     infected with Coronavirus Disease 2019 (COVID-19) as of June 
     1, 2020 (including individuals who were infected and have 
     recovered as of such date); and
       ``(ii) the total cumulative population of all States that 
     has been infected with Coronavirus Disease 2019 (COVID-19) as 
     of such date (including individuals who were infected and 
     have recovered as of such date).
       ``(3) Relative lost revenue proportion amount.--The 
     relative lost revenue proportion amount determined under this 
     paragraph for a State is the product of--
       ``(A) $161,333,333,333; and
       ``(B) the quotient of--
       ``(i) the lost revenue amount determined for the State 
     under paragraph (4); and
       ``(ii) the sum of the lost revenue amounts determined for 
     all States under paragraph (4).
       ``(4) Lost revenue amount.--
       ``(A) In general.--For purposes of paragraph (3), with 
     respect to a State, the lost revenue amount is the amount 
     equal to the amount by which--
       ``(i) the amount of revenue from taxes or other sources for 
     the State for calendar year 2019; exceeds
       ``(ii) subject to subparagraph (B), the amount of revenue 
     from taxes or other sources for the State for calendar year 
     2020 (as certified by the Governor of the State).
       ``(B) Adjustments to lost revenue amount.--For purposes of 
     subparagraph (A)(ii), the amount of revenue from taxes or 
     other sources for a State and calendar year 2020 shall be 
     adjusted in the following manner:
       ``(i) Such amount shall exclude any funds received by the 
     State in calendar year 2020 under this title.
       ``(ii) Such amount shall be increased by the amount of any 
     reduction to State revenue from taxes or other sources for 
     calendar year 2020 that results from the State--

       ``(I) enacting a tax cut, rebate, deduction, or credit; or
       ``(II) reducing, delaying, or eliminating any fee or other 
     source of revenue.

       ``(iii) Such amount shall be reduced by the amount of any 
     expenditures made by the State during calendar year 2020 
     necessary to meet the non-Federal share contribution 
     requirement of any public assistance that is provided under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) on the basis of a 
     disaster or emergency declaration under such Act that--

       ``(I) is declared during the period beginning on January 1, 
     2020, and ending on the date of enactment of this section; 
     and
       ``(II) is not related to the COVID-19 pandemic.

       ``(5) Combined minimum payment amount for relative 
     population and relative infected population amounts.--
       ``(A) In general.--The sum of the amounts determined under 
     paragraphs (1) and (2) for a State described in subparagraph 
     (C) shall not be less than $2,000,000,000.
       ``(B) Pro rata adjustments.--The Secretary shall adjust on 
     a pro rata basis the amounts determined under paragraph (2) 
     for each State described in subparagraph (C) to the extent 
     necessary to comply with the requirement of subparagraph (A).
       ``(C) States described.--The States described in this 
     subparagraph are each of the 50 States, the District of 
     Columbia, and Puerto Rico.
       ``(6) Direct payments to units of local government.--Not 
     later than 15 days after a State receives a payment under 
     paragraph (1) of subsection (b), the State shall make the 
     following payments from the amount reserved by the State 
     under paragraph (2) of that subsection with respect to such 
     State payment:
       ``(A) Direct payments to counties and municipalities based 
     on population.--From each of the amounts reserved by a State 
     under paragraph (2) of subsection (b) with respect to the 
     payments received by the State under subparagraphs (A) and 
     (B) of paragraph (1) of that subsection, the State shall pay 
     to each unit of local government in the State that is a 
     county or a municipality an amount equal to the product of--
       ``(i) 50 percent of the amount so reserved; and
       ``(ii) the quotient of--

       ``(I) the population of the county or municipality (as 
     applicable); and
       ``(II) the total population of--

       ``(aa) in the case of a county, all counties in the State; 
     or
       ``(bb) in the case of a municipality, all municipalities in 
     the State.
       ``(B) Direct payments to counties and municipalities based 
     on lost revenue.--From the amount reserved by a State under 
     paragraph (2) of subsection (b) with respect to the payment 
     received by the State under subparagraph (C) of paragraph (1) 
     of that subsection, the State shall pay to each unit of local 
     government in the State that is a county or a municipality an 
     amount equal to the product of--
       ``(i) 50 percent of the amount so reserved; and
       ``(ii) the quotient of--

       ``(I) the lost revenue amount determined for the county or 
     municipality (as applicable) under subparagraph (C); and
       ``(II) the total lost revenue amounts determined under 
     subparagraph (C) for--

       ``(aa) in the case of a county, all counties in the State; 
     or
       ``(bb) in the case of a municipality, all municipalities in 
     the State.
       ``(C) Lost revenue amount.--For purposes of subparagraph 
     (B), with respect to a county or municipality, the lost 
     revenue amount shall be determined in the same manner as the 
     lost revenue amount for a State is determined under paragraph 
     (4).
       ``(7) Payments to tribal governments.--The amounts paid 
     under this section to Tribal governments from the amount 
     reserved under subsection (a)(2) shall be paid not later than 
     30 days after the date of enactment of this section, and 
     shall be determined in the same manner as the amounts paid to 
     Tribal governments under section 601(c)(7) except that, for 
     purposes of this section--
       ``(A) the term `Tribal government' means the governing body 
     of an Indian Tribe included on the most recent list published 
     by the Secretary pursuant to section 104 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131); 
     and
       ``(B) the term `Indian Tribe' has the meaning given that 
     term in section 102 of such Act (25 U.S.C. 5130), except that 
     such term shall not include an Alaska Native regional or 
     village corporation established pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.).
       ``(8) Data.--For purposes of this subsection--

[[Page S5555]]

       ``(A) the population of States, units of local governments, 
     and Indian Tribes shall be determined based on the most 
     recent year for which data are available from the Bureau of 
     the Census;
       ``(B) the determination of the populations of States 
     infected with COVID-19 shall be based on data from the 
     Centers for Disease Control and Prevention; and
       ``(C) where Indian Tribal population cannot be readily 
     determined by the most recent year for which data are 
     available from the Bureau of the Census, the Department may 
     consider tribal population data from the Department of 
     Interior or Department of Housing and Urban Development.
       ``(d) Use of Funds.--
       ``(1) In general.--Amounts paid or distributed under this 
     subsection shall be used--
       ``(A) to cover only those costs of the State, unit of local 
     government, or Tribal government that--
       ``(i) are necessary expenditures incurred due to the public 
     health emergency with respect to the Coronavirus Disease 2019 
     (COVID-19) (including expenditures necessary to meet the non-
     Federal share contribution requirement of any public 
     assistance that is provided under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.) on the basis of a disaster or emergency declaration 
     under such Act that is declared in calendar year 2020;
       ``(ii) were not accounted for in the budget most recently 
     approved as of March 27, 2020, for the State or local 
     government; and
       ``(iii) were incurred during the period that begins on 
     March 1, 2020, and ends on December 31, 2022; or
       ``(B) for expenditures in calendar year 2020, 2021, or 2022 
     that the State, Tribal government, or unit of local 
     government would otherwise be unable to make because of 
     decreased or delayed revenues.
       ``(2) Limitation.--No State may use funds made available 
     under this section for deposit into any State pension fund.
       ``(e) Fair and Equitable Budgeting Requirement.--As a 
     condition for receiving amounts paid under this subsection, 
     each State, to the extent allowable by State law, shall 
     agree--
       ``(1) to base any cut to funding to units of local 
     government under the State budget on emergency need, and 
     shall ensure that such cuts are balanced to ensure all units 
     of local government are treated fairly;
       ``(2) to primarily use economic conditions, budgetary 
     shortfall, and revenue loss for each respective county and 
     municipality, as compared to 2019 levels, to determine 
     whether any such cut is balanced and appropriate; and
       ``(3) that the State legislative body shall have the 
     authority to disapprove such a cut if it violates a condition 
     of paragraph (1) or (2).
       ``(f) Application of Other Provisions.--
       ``(1) Definitions.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph and subsection (c)(7), the terms used in this 
     section have the meanings given those terms in subsection (g) 
     of section 601.
       ``(B) County.--The term `county' means a county, parish, or 
     other equivalent county division (as defined by the Bureau of 
     the Census).
       ``(C) Unit of local government.--In this section, the term 
     `unit of local government' means a county, municipality, 
     town, township, village, parish, borough, or other unit of 
     general government below the State level.
       ``(2) Oversight.--The amounts paid under this section--
       ``(A) shall be subject to the oversight requirements of 
     subsection (f) of section 601 in the same manner as such 
     requirements apply to the amounts paid under that section, 
     and the recoupment authority under paragraph (2) of that 
     subsection shall apply to oversight of compliance with the 
     use of funds requirements of subsection (d) of this section 
     and the fair and equitable budgeting requirements of 
     subsection (e) of this section; and
       ``(B) shall be distributed in accordance with all 
     applicable Federal laws.
       ``(3) IG funding authority.--Notwithstanding section 
     601(f)(3), the Inspector General of the Department of the 
     Treasury may use the amounts appropriated under that section 
     to carry out oversight and recoupment activities under this 
     section in addition to the oversight and recoupment 
     activities carried out under section 601(f).''.
       (b) Conforming Amendments.--
       (1) Section 601(d) of the Social Security Act is amended--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and adjusting 
     the margins accordingly;
       (B) in subparagraph (A) (as so redesignated), by inserting 
     ``(including expenditures necessary to meet the non-Federal 
     share contribution requirement of any public assistance that 
     is provided under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) on the 
     basis of a disaster or emergency declaration under such Act 
     that is declared in calendar year 2020)'' before the 
     semicolon;
       (C) in subparagraph (C) (as so redesignated), by striking 
     the period at the end and inserting ``; and'';
       (D) by striking ``under this section to cover only'' and 
     inserting ``under this section--
       ``(1) to cover only--''; and
       (E) by adding at the end the following new paragraph:
       ``(2) for expenditures in calendar year 2020, 2021, or 2022 
     that the State, Tribal government, or unit of local 
     government would otherwise be unable to make because of 
     decreased or delayed revenues.''.
       (2) Section 5001(b) of the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136) is amended by 
     striking ``for fiscal year 2020 under section 601(a)(1) of 
     the Social Security Act (as added by subsection (a))'' and 
     inserting ``under title VI of the Social Security Act''.
                                 ______
                                 
  SA 2655. Mr. KENNEDY (for himself, Mr. Barrasso, and Mr. Carper) 
submitted an amendment intended to be proposed by him to the bill S. 
2657, to support innovation in advanced geothermal research and 
development, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AMERICAN INNOVATION AND MANUFACTURING.

       (a) Short Title.--This section may be cited as the 
     ``American Innovation and Manufacturing Act of 2020''.
       (b) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Allowance.--The term ``allowance'' means a limited 
     authorization for the production or consumption of a 
     regulated substance established under subsection (e).
       (3) Consumption.--The term ``consumption'', with respect to 
     a regulated substance, means a quantity equal to the 
     difference between--
       (A) a quantity equal to the sum of--
       (i) the quantity of that regulated substance produced in 
     the United States; and
       (ii) the quantity of the regulated substance imported into 
     the United States; and
       (B) the quantity of the regulated substance exported from 
     the United States.
       (4) Consumption baseline.--The term ``consumption 
     baseline'' means the baseline established for the consumption 
     of regulated substances under subsection (e)(1)(C).
       (5) Exchange value.--The term ``exchange value'' means the 
     value assigned to a regulated substance in accordance with 
     subsections (c) and (e), as applicable.
       (6) Import.--The term ``import'' means to land on, bring 
     into, or introduce into, or attempt to land on, bring into, 
     or introduce into, any place subject to the jurisdiction of 
     the United States, regardless of whether that landing, 
     bringing, or introduction constitutes an importation within 
     the meaning of the customs laws of the United States.
       (7) Produce.--
       (A) In general.--The term ``produce'' means the manufacture 
     of a regulated substance from a raw material or feedstock 
     chemical (but not including the destruction of a regulated 
     substance by a technology approved by the Administrator).
       (B) Exclusions.--The term ``produce'' does not include--
       (i) the manufacture of a regulated substance that is used 
     and entirely consumed (except for trace quantities) in the 
     manufacture of another chemical; or
       (ii) the reclamation, reuse, or recycling of a regulated 
     substance.
       (8) Production baseline.--The term ``production baseline'' 
     means the baseline established for the production of 
     regulated substances under subsection (e)(1)(B).
       (9) Reclaim; reclamation.--The terms ``reclaim'' and 
     ``reclamation'' mean--
       (A) the reprocessing of a recovered regulated substance to 
     at least the purity described in standard 700-2016 of the 
     Air-Conditioning, Heating, and Refrigeration Institute (or an 
     appropriate successor standard adopted by the Administrator); 
     and
       (B) the verification of the purity of that regulated 
     substance using, at a minimum, the analytical methodology 
     described in the standard referred to in subparagraph (A).
       (10) Recover.--The term ``recover'' means the process by 
     which a regulated substance is--
       (A) removed, in any condition, from equipment; and
       (B) stored in an external container, with or without 
     testing or processing the regulated substance.
       (11) Regulated substance.--The term ``regulated substance'' 
     means--
       (A) a substance listed in the table contained in subsection 
     (c)(1); and
       (B) a substance included as a regulated substance by the 
     Administrator under subsection (c)(3).
       (c) Listing of Regulated Substances.--
       (1) List of regulated substances.--Each of the following 
     substances, and any isomers of such a substance, shall be a 
     regulated substance:


------------------------------------------------------------------------
                                                               Exchange
          Chemical Name                   Common Name           Value
------------------------------------------------------------------------
CHF2CHF2                           HFC-134                          1100
------------------------------------------------------------------------
CH2FCF3                             HFC-134a                        1430
------------------------------------------------------------------------
CH2FCHF2                           HFC-143                           353
------------------------------------------------------------------------
CHF2CH2CF3                         HFC-245fa                        1030
------------------------------------------------------------------------
CF3CH2CF2CH3                       HFC-365mfc                        794
------------------------------------------------------------------------

[[Page S5556]]

 
CF3CHFCF3                          HFC-227ea                        3220
------------------------------------------------------------------------
CH2FCF2CF3                         HFC-236cb                        1340
------------------------------------------------------------------------
CHF2CHFCF3                         HFC-236ea                        1370
------------------------------------------------------------------------
CF3CH2CF3                          HFC-236fa                        9810
------------------------------------------------------------------------
CH2FCF2CHF2                        HFC-245ca                         693
------------------------------------------------------------------------
CF3CHFCHFCF2CF3                    HFC-43-10mee                     1640
------------------------------------------------------------------------
CH2F2                              HFC-32                            675
------------------------------------------------------------------------
CHF2CF3                            HFC-125                          3500
------------------------------------------------------------------------
CH3CF3                             HFC-143a                         4470
------------------------------------------------------------------------
CH3F                               HFC-41                             92
------------------------------------------------------------------------
CH2FCH2F                           HFC-152                            53
------------------------------------------------------------------------
CH3CHF2                            HFC-152a                          124
------------------------------------------------------------------------
CHF3                               HFC-23                         14800.
------------------------------------------------------------------------

       (2) Review.--The Administrator may--
       (A) review the exchange values listed in the table 
     contained in paragraph (1) on a periodic basis; and
       (B) subject to notice and opportunity for public comment, 
     adjust the exchange values solely on the basis of--
       (i) publicly available, peer-reviewed scientific data; and
       (ii) other information consistent with widely used or 
     commonly accepted existing exchange values.
       (3) Other regulated substances.--
       (A) In general.--Subject to notice and opportunity for 
     public comment, the Administrator may designate a substance 
     not included in the table contained in paragraph (1) as a 
     regulated substance if--
       (i) the substance--

       (I) is a chemical substance that is a saturated 
     hydrofluorocarbon; and
       (II) has an exchange value, as determined by the 
     Administrator in accordance with the basis described in 
     paragraph (2)(B), of greater than 53; and

       (ii) the designation of the substance as a regulated 
     substance would be consistent with the purposes of this 
     section.
       (B) Savings provision.--Nothing in this paragraph 
     authorizes the Administrator to designate as a regulated 
     substance a blend of substances that includes a saturated 
     hydrofluorocarbon for purposes of phasing down production or 
     consumption of regulated substances under subsection (e), 
     even if the saturated hydrofluorocarbon is, or may be, 
     designated as a regulated substance.
       (d) Monitoring and Reporting Requirements.--
       (1) Production, import, and export level reports.--
       (A) In general.--On a periodic basis, to be determined by 
     the Administrator, but not less frequently than annually, 
     each person who, within the applicable reporting period, 
     produces, imports, exports, destroys, transforms, uses as a 
     process agent, or reclaims a regulated substance shall submit 
     to the Administrator a report that describes, as applicable, 
     the quantity of the regulated substance that the person--
       (i) produced, imported, and exported;
       (ii) reclaimed;
       (iii) destroyed by a technology approved by the 
     Administrator;
       (iv) used and entirely consumed (except for trace 
     quantities) in the manufacture of another chemical; or
       (v) used as a process agent.
       (B) Requirements.--
       (i) Signed and attested.--The report under subparagraph (A) 
     shall be signed and attested by a responsible officer (within 
     the meaning of the Clean Air Act (42 U.S.C. 7401 et seq.)).
       (ii) No further reports required.--A report under 
     subparagraph (A) shall not be required from a person if the 
     person--

       (I) permanently ceases production, importation, 
     exportation, destruction, transformation, use as a process 
     agent, or reclamation of all regulated substances; and
       (II) notifies the Administrator in writing that the 
     requirement under subclause (I) has been met.

       (iii) Baseline period.--Each report under subparagraph (A) 
     shall include, as applicable, the information described in 
     that subparagraph for the baseline period of calendar years 
     2011 through 2013.
       (2) Coordination.--The Administrator may allow any person 
     subject to the requirements of paragraph (1)(A) to combine 
     and include the information required to be reported under 
     that paragraph with any other related information that the 
     person is required to report to the Administrator.
       (e) Phase-down of Production and Consumption of Regulated 
     Substances.--
       (1) Baselines.--
       (A) In general.--Subject to subparagraph (D), the 
     Administrator shall establish for the phase-down of regulated 
     substances--
       (i) a production baseline for the production of all 
     regulated substances in the United States, as described in 
     subparagraph (B); and
       (ii) a consumption baseline for the consumption of all 
     regulated substances in the United States, as described in 
     subparagraph (C).
       (B) Production baseline described.--The production baseline 
     referred to in subparagraph (A)(i) is the quantity equal to 
     the sum of--
       (i) the average annual quantity of all regulated substances 
     produced in the United States during the period--

       (I) beginning on January 1, 2011; and
       (II) ending on December 31, 2013; and

       (ii) the quantity equal to the sum of--

       (I) 15 percent of the production level of 
     hydrochlorofluorocarbons in calendar year 1989; and
       (II) 0.42 percent of the production level of 
     chlorofluorocarbons in calendar year 1989.

       (C) Consumption baseline described.--The consumption 
     baseline referred to in subparagraph (A)(ii) is the quantity 
     equal to the sum of--
       (i) the average annual quantity of all regulated substances 
     consumed in the United States during the period--

       (I) beginning on January 1, 2011; and
       (II) ending on December 31, 2013; and

       (ii) the quantity equal to the sum of--

       (I) 15 percent of the consumption level of 
     hydrochlorofluorocarbons in calendar year 1989; and
       (II) 0.42 percent of the consumption level of 
     chlorofluorocarbons in calendar year 1989.

       (D) Exchange values.--
       (i) In general.--For purposes of subparagraphs (B) and (C), 
     the Administrator shall use the following exchange values for 
     hydrochlorofluorocarbons and chlorofluorocarbons:


------------------------------------------------------------------------
                                 Table 2
-------------------------------------------------------------------------
                                                               Exchange
          Chemical Name                  Common Name            Value
------------------------------------------------------------------------
CHFC12                            HCFC-21                            151
------------------------------------------------------------------------
CHF2C1                             HCFC-22                          1810
------------------------------------------------------------------------
C2HF3C12                          HCFC-123                            77
------------------------------------------------------------------------
C2HF4C1                           HCFC-124                           609
------------------------------------------------------------------------
CH3CFC12                          HCFC-141b                          725
------------------------------------------------------------------------
CH3CF2C1                          HCFC-142b                         2310
------------------------------------------------------------------------
CF3CF2CHC12                       HCFC-225ca                         122
------------------------------------------------------------------------
CF2C1CF2CHC1F                     HCFC-225cb                         595
------------------------------------------------------------------------



------------------------------------------------------------------------
                                 Table 3
-------------------------------------------------------------------------
                                                               Exchange
          Chemical Name                  Common Name            Value
------------------------------------------------------------------------
CFC13                             CFC-11                            4750
------------------------------------------------------------------------
CF2C12                            CFC-12                           10900
------------------------------------------------------------------------
C2F3C13                           CFC-113                           6130
------------------------------------------------------------------------
C2F4C12                           CFC-114                          10000
------------------------------------------------------------------------
C2F5C1                            CFC-115                           7370
------------------------------------------------------------------------

       (ii) Review.--The Administrator may--

       (I) review the exchange values listed in the tables 
     contained in clause (i) on a periodic basis; and
       (II) subject to notice and opportunity for public comment, 
     adjust the exchange values solely on the basis of--

       (aa) publicly available, peer-
     reviewed scientific data; and
       (bb) other information consistent with widely used or 
     commonly accepted existing exchange values.
       (2) Production and consumption phase-down.--
       (A) In general.--During the period beginning on January 1 
     of each year listed in the table contained in subparagraph 
     (C) and ending on December 31 of the year before the next 
     year listed on that table, except as otherwise permitted 
     under this section, no person shall--
       (i) produce a quantity of a regulated substance without a 
     corresponding quantity of production allowances, except as 
     provided in paragraph (5); or
       (ii) consume a quantity of a regulated substance without a 
     corresponding quantity of consumption allowances.
       (B) Compliance.--For each year listed on the table 
     contained in subparagraph (C), the Administrator shall ensure 
     that the annual quantity of all regulated substances produced 
     or consumed in the United States does not exceed the product 
     obtained by multiplying--
       (i) the production baseline or consumption baseline, as 
     applicable; and
       (ii) the applicable percentage listed on the table 
     contained in subparagraph (C).
       (C) Relation to baseline.--On January 1 of each year listed 
     in the following table, the Administrator shall apply the 
     applicable percentage, as described in subparagraph (A):


[[Page S5557]]



------------------------------------------------------------------------
                      Percentage of Production        Percentage of
        Date                  Baseline            Consumption Baseline
------------------------------------------------------------------------
2020-2023            90 percent                 90 percent
------------------------------------------------------------------------
2024-2028            60 percent                 60 percent
------------------------------------------------------------------------
2029-2033            30 percent                 30 percent
------------------------------------------------------------------------
2034-2035            20 percent                 20 percent
------------------------------------------------------------------------
2036 and thereafter  15 percent                 15 percent
------------------------------------------------------------------------

       (D) Allowances.--
       (i) Quantity.--Not later than October 1 of each calendar 
     year, the Administrator shall use the quantity calculated 
     under subparagraph (B) to determine the quantity of 
     allowances for the production and consumption of regulated 
     substances that may be used for the following calendar year.
       (ii) Nature of allowances.--

       (I) In general.--An allowance allocated under this 
     section--

       (aa) does not constitute a property right; and
       (bb) is a limited authorization for the production or 
     consumption of a regulated substance under this section.

       (II) Savings provision.--Nothing in this section or in any 
     other provision of law limits the authority of the United 
     States to terminate or limit an authorization described in 
     subclause (I)(bb).

       (3) Regulations regarding production and consumption of 
     regulated substances.--Not later than 270 days after the date 
     of enactment of this Act, which shall include a period of 
     notice and opportunity for public comment, the Administrator 
     shall issue a final rule--
       (A) phasing down the production of regulated substances in 
     the United States through an allowance allocation and trading 
     program in accordance with this section; and
       (B) phasing down the consumption of regulated substances in 
     the United States through an allowance allocation and trading 
     program in accordance with the schedule under paragraph 
     (2)(C) (subject to the same exceptions and other requirements 
     as are applicable to the phase-down of production of 
     regulated substances under this section).
       (4) Exceptions; essential uses.--
       (A) Feedstocks and process agents.--Except for the 
     reporting requirements described in subsection (d)(1), this 
     section does not apply to--
       (i) a regulated substance that is used and entirely 
     consumed (except for trace quantities) in the manufacture of 
     another chemical; or
       (ii) a regulated substance that is used and not entirely 
     consumed in the manufacture of another chemical, if the 
     remaining amounts of the regulated substance are subsequently 
     destroyed.
       (B) Essential uses.--
       (i) In general.--Beginning on the date of enactment of this 
     Act and subject to paragraphs (2) and (3) and clauses (ii) 
     and (iii), the Administrator may, after considering technical 
     achievability, commercial demands, safety, and other relevant 
     factors, including overall economic costs and environmental 
     impacts compared to historical trends, allocate a quantity of 
     allowances for a period of not more than 5 years for the 
     production and consumption of a regulated substance 
     exclusively for the use of the regulated substance in an 
     application, if--

       (I) no safe or technically achievable substitute will be 
     available during the applicable period for that application; 
     and
       (II) the supply of the regulated substance that 
     manufacturers or users of the regulated substance for that 
     application are capable of securing from chemical 
     manufacturers, as authorized under paragraph (2)(A), 
     including any quantities of a regulated substance available 
     from reclaiming, prior production, or prior import, is 
     insufficient to accommodate the application.

       (ii) Petition.--If the Administrator receives a petition 
     requesting the designation of an application as an essential 
     use under clause (i), the Administrator shall--

       (I) not later than 180 days after the date on which the 
     Administrator receives the petition--

       (aa) make the complete petition available to the public; 
     and
       (bb) when making the petition available to the public under 
     item (aa), propose and seek public comment on--
       (AA) a determination of whether to designate the 
     application as an essential use; and
       (BB) if the Administrator proposes to designate the 
     application as an essential use, making the requisite 
     allocation of allowances; and

       (II) not later than 270 days after the date on which the 
     Administrator receives the petition, take final action on the 
     petition.

       (iii) Limitation.--A person receiving an allocation under 
     clause (i) or (iv) or as a result of a petition granted under 
     clause (ii) may not produce or consume a quantity of 
     regulated substances that, considering the respective 
     exchange values of the regulated substances, exceeds the 
     number of allowances issued under paragraphs (2) and (3) that 
     are held by that person.
       (iv) Mandatory allocations.--

       (I) In general.--Notwithstanding clause (i) and subject to 
     clause (iii) and paragraphs (2) and (3), for the 5-year 
     period beginning on the date of enactment of this Act, the 
     Administrator shall allocate the full quantity of allowances 
     necessary, based on projected, current, and historical 
     trends, for the production or consumption of a regulated 
     substance for the exclusive use of the regulated substance in 
     an application solely for--

       (aa) a propellant in metered-dose inhalers;
       (bb) defense sprays;
       (cc) structural composite preformed polyurethane foam for 
     marine use and trailer use;
       (dd) the etching of semiconductor material or wafers and 
     the cleaning of chemical vapor deposition chambers within the 
     semiconductor manufacturing sector;
       (ee) mission-critical military end uses, such as armored 
     vehicle engine and shipboard fire suppression systems and 
     systems used in deployable and expeditionary applications; 
     and
       (ff) onboard aerospace fire suppression.

       (II) Requirement.--The allocation of allowances under 
     subclause (I) shall be determined through a rulemaking.

       (v) Review.--

       (I) In general.--For each essential use application 
     receiving an allocation of allowances under clause (i) or 
     (iv), the Administrator shall review the availability of 
     substitutes, including any quantities of the regulated 
     substance available from reclaiming or prior production, not 
     less frequently than once every 5 years.
       (II) Extension.--If, pursuant to a review under subclause 
     (I), the Administrator determines, subject to notice and 
     opportunity for public comment, that the requirements 
     described in subclauses (I) and (II) of clause (i) are met, 
     the Administrator shall authorize the production or 
     consumption, as applicable, of any regulated substance used 
     in the application for renewable periods of not more than 5 
     years for exclusive use in the application.

       (5) Domestic manufacturing.--Notwithstanding paragraph 
     (2)(A)(i), the Administrator may authorize a person to 
     produce a regulated substance in excess of the number of 
     production allowances held by that person, subject to the 
     conditions that--
       (A) the authorization is--
       (i) for a renewable period of not more than 5 years; and
       (ii) subject to notice and opportunity for public comment; 
     and
       (B) the production--
       (i) is at a facility located in the United States;
       (ii) is solely for export to, and use in, a foreign country 
     that is not subject to the prohibition in subsection (j)(1); 
     and
       (iii) would not violate paragraph (2)(B).
       (f) Accelerated Schedule.--
       (1) In general.--Subject to paragraph (4), the 
     Administrator may, only in response to a petition submitted 
     to the Administrator in accordance with paragraph (3) and 
     after notice and opportunity for public comment, promulgate 
     regulations that establish a schedule for phasing down the 
     production or consumption of regulated substances that is 
     more stringent than the production and consumption levels of 
     regulated substances required under subsection (e)(2)(C).
       (2) Requirements.--Any regulations promulgated under this 
     subsection--
       (A) shall--
       (i) apply uniformly to the allocation of production and 
     consumption allowances for regulated substances, in 
     accordance with subsection (e)(3);
       (ii) ensure that there will be sufficient quantities of 
     regulated substances, including substances available from 
     reclaiming, prior production, or prior import, to meet the 
     needs for--

       (I) applications that receive an allocation under clause 
     (i) of subsection (e)(4)(B); and
       (II) all applications that receive a mandatory allocation 
     under items (aa) through (ff) of clause (iv)(I) of that 
     subsection; and

       (iii) foster continued reclamation of and transition from 
     regulated substances; and
       (B) shall not set the level of production allowances or 
     consumption allowances below the percentage of the 
     consumption baseline that is actually consumed during the 
     calendar year prior to the year during which the 
     Administrator makes a final determination with respect to the 
     applicable proposal described in paragraph (3)(C)(iii)(I).
       (3) Petition.--
       (A) In general.--A person may petition the Administrator to 
     promulgate regulations for an accelerated schedule for the 
     phase-down of production or consumption of regulated 
     substances under paragraph (1).
       (B) Requirement.--A petition submitted under subparagraph 
     (A) shall--
       (i) be made at such time, in such manner, and containing 
     such information as the Administrator shall require; and
       (ii) include a showing by the petitioner that there are 
     data to support the petition.
       (C) Timelines.--
       (i) In general.--If the Administrator receives a petition 
     under subparagraph (A), the Administrator shall--

       (I) not later than 180 days after the date on which the 
     Administrator receives the petition--

       (aa) make the complete petition available to the public; 
     and
       (bb) when making the petition available to the public under 
     item (aa), propose and seek public comment on the proposal of 
     the Administrator to grant or deny the petition; and

       (II) not later than 270 days after the date on which the 
     Administrator receives the petition, take final action on the 
     petition.

       (ii) Factors for determination.--In making a determination 
     to grant or deny a petition submitted under subparagraph (A), 
     the

[[Page S5558]]

     Administrator shall, to the extent practicable, factor in--

       (I) the best available data, including relevant publicly 
     available and peer-reviewed scientific data;
       (II) the availability of substitutes for uses of the 
     regulated substance that is the subject of the petition, 
     taking into account technological achievability, commercial 
     demands, safety, consumer costs, building codes, appliance 
     efficiency standards, contractor training costs, and other 
     relevant factors, including the quantities of regulated 
     substances available from reclaiming, prior production, or 
     prior import;
       (III) overall economic costs and environmental impacts, as 
     compared to historical trends; and
       (IV) the remaining phase-down period for regulated 
     substances under the final rule issued under subsection 
     (e)(3), if applicable.

       (iii) Regulations.--After receiving public comment with 
     respect to the proposal under clause (i)(I)(bb), if the 
     Administrator makes a final determination to grant a petition 
     under subparagraph (A), the final regulations with respect to 
     the petition shall--

       (I) be promulgated by not later than 1 year after the date 
     on which the Administrator makes the proposal to grant the 
     petition under that clause; and
       (II) meet the requirements of paragraph (2).

       (D) Publication.--When the Administrator makes a final 
     determination to grant or deny a petition under subparagraph 
     (A), the Administrator shall publish a description of the 
     reasons for that grant or denial, including a description of 
     the information considered under subclauses (I) through (IV) 
     of subparagraph (C)(ii).
       (E) Insufficient information.--If the Administrator 
     determines that the data included under subparagraph (B)(ii) 
     in a petition are not sufficient to make a determination 
     under this paragraph, the Administrator shall use any 
     authority available to the Administrator to acquire the 
     necessary data.
       (4) Date of effectiveness.--The Administrator may not 
     promulgate under paragraph (1) a regulation for the 
     production or consumption of regulated substances that is 
     more stringent than the production or consumption levels 
     required under subsection (e)(2)(C) that takes effect before 
     January 1, 2025.
       (5) Review.--
       (A) In general.--The Administrator shall review the 
     availability of substitutes for regulated substances subject 
     to an accelerated schedule established under paragraph (1) in 
     each sector and subsector in which the regulated substance is 
     used, taking into account technological achievability, 
     commercial demands, safety, and other relevant factors, 
     including the quantities of regulated substances available 
     from reclaiming, prior production, or prior import, by 
     January 1, 2025 (for the first review), by January 1, 2030 
     (for the second review), and at least once every 5 years 
     thereafter.
       (B) Public availability.--The Administrator shall make the 
     results of a review conducted under subparagraph (A) publicly 
     available.
       (6) Savings provision.--Nothing in this subsection 
     authorizes the Administrator to promulgate regulations 
     pursuant to this subsection that establish a schedule for 
     phasing down the production or consumption of regulated 
     substances that is less stringent than the production and 
     consumption levels of regulated substances required under 
     subsection (e)(2)(C).
       (g) Exchange Authority.--
       (1) Transfers.--Not later than 270 days after the date of 
     enactment of this Act, which shall include a period of notice 
     and opportunity for public comment, the Administrator shall 
     promulgate a final regulation that governs the transfer of 
     allowances for the production of regulated substances under 
     subsection (e)(3)(A) that uses--
       (A) the applicable exchange values described in the table 
     contained in subsection (c)(1); or
       (B) the exchange value described in the rule designating 
     the substance as a regulated substance under subsection 
     (c)(3).
       (2) Requirements.--The final rule promulgated pursuant to 
     paragraph (1) shall--
       (A) ensure that the transfers under this subsection will 
     result in greater total reductions in the production of 
     regulated substances in each year than would occur during the 
     year in the absence of the transfers;
       (B) permit 2 or more persons to transfer production 
     allowances if the transferor of the allowances will be 
     subject, under the final rule, to an enforceable and 
     quantifiable reduction in annual production that--
       (i) exceeds the reduction otherwise applicable to the 
     transferor under this section;
       (ii) exceeds the quantity of production represented by the 
     production allowances transferred to the transferee; and
       (iii) would not have occurred in the absence of the 
     transaction; and
       (C) provide for the trading of consumption allowances in 
     the same manner as is applicable under this subsection to the 
     trading of production allowances.
       (h) Management of Regulated Substances.--
       (1) In general.--For purposes of maximizing reclaiming and 
     minimizing the release of a regulated substance from 
     equipment and ensuring the safety of technicians and 
     consumers, the Administrator shall promulgate regulations to 
     control, where appropriate, any practice, process, or 
     activity regarding the servicing, repair, disposal, or 
     installation of equipment (including requiring, where 
     appropriate, that any such servicing, repair, disposal, or 
     installation be performed by a trained technician meeting 
     minimum standards, as determined by the Administrator) that 
     involves--
       (A) a regulated substance;
       (B) a substitute for a regulated substance;
       (C) the reclaiming of a regulated substance used as a 
     refrigerant; or
       (D) the reclaiming of a substitute for a regulated 
     substance used as a refrigerant.
       (2) Reclaiming.--
       (A) In general.--In carrying out this section, the 
     Administrator shall consider the use of authority available 
     to the Administrator under this section to increase 
     opportunities for the reclaiming of regulated substances used 
     as refrigerants.
       (B) Recovery.--A regulated substance used as a refrigerant 
     that is recovered shall be reclaimed before the regulated 
     substance is sold or transferred to a new owner, except where 
     the recovered regulated substance is sold or transferred to a 
     new owner solely for the purposes of being reclaimed or 
     destroyed.
       (3) Coordination.--In promulgating regulations to carry out 
     this subsection, the Administrator may coordinate those 
     regulations with any other regulations promulgated by the 
     Administrator that involve--
       (A) the same or a similar practice, process, or activity 
     regarding the servicing, repair, disposal, or installation of 
     equipment; or
       (B) reclaiming.
       (4) Inapplicability.--No regulation promulgated pursuant to 
     this subsection shall apply to a regulated substance or a 
     substitute for a regulated substance that is contained in a 
     foam.
       (5) Small business grants.--
       (A) Definition of small business concern.--In this 
     paragraph, the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632).
       (B) Establishment.--Subject to the availability of 
     appropriations, the Administrator shall establish a grant 
     program to award grants to small business concerns for the 
     purchase of new specialized equipment for the recycling, 
     recovery, or reclamation of a substitute for a regulated 
     substance, including the purchase of approved refrigerant 
     recycling equipment (as defined in section 609(b) of the 
     Clean Air Act (42 U.S.C. 7671h(b))) for recycling, recovery, 
     or reclamation in the service or repair of motor vehicle air 
     conditioning systems.
       (C) Matching funds.--The non-Federal share of a project 
     carried out with a grant under this paragraph shall be not 
     less than 25 percent.
       (D) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $5,000,000 for 
     each of fiscal years 2021 through 2023.
       (i) Technology Transitions.--
       (1) Authority.--Subject to the provisions of this 
     subsection, the Administrator may by rule restrict, fully, 
     partially, or on a graduated schedule, the use of a regulated 
     substance in the sector or subsector in which the regulated 
     substance is used.
       (2) Negotiated rulemaking.--
       (A) Consideration required.--Before proposing a rule for 
     the use of a regulated substance for a sector or subsector 
     under paragraph (1), the Administrator shall consider 
     negotiating with stakeholders in the sector or subsector 
     subject to the potential rule in accordance with the 
     negotiated rulemaking procedure provided for under subchapter 
     III of chapter 5 of title 5, United States Code (commonly 
     known as the ``Negotiated Rulemaking Act of 1990'').
       (B) Negotiated rulemakings.--If the Administrator 
     negotiates a rulemaking with stakeholders using the procedure 
     described in subparagraph (A), the Administrator shall, to 
     the extent practicable, give priority to completing that 
     rulemaking over completing rulemakings that were not 
     negotiated using that procedure.
       (C) No negotiated rulemaking.--If the Administrator does 
     not negotiate a rulemaking with stakeholders using the 
     procedure described in subparagraph (A), the Administrator 
     shall, before commencement of the rulemaking process for a 
     rule under paragraph (1), publish an explanation of the 
     decision of the Administrator to not use that procedure.
       (3) Petitions.--
       (A) In general.--A person may petition the Administrator to 
     promulgate a rule under paragraph (1) for the restriction on 
     use of a regulated substance in a sector or subsector, which 
     may include a request that the Administrator negotiate with 
     stakeholders in accordance with paragraph (2)(A).
       (B) Response.--The Administrator shall grant or deny a 
     petition under subparagraph (A) not later than 180 days after 
     the date of receipt of the petition.
       (C) Requirements.--
       (i) Explanation.--If the Administrator denies a petition 
     under subparagraph (B), the Administrator shall publish in 
     the Federal Register an explanation of the denial.
       (ii) Final rule.--If the Administrator grants a petition 
     under subparagraph (B), the Administrator shall promulgate a 
     final rule not later than 2 years after the date on which the 
     Administrator grants the petition.
       (iii) Publication of petitions.--Not later than 30 days 
     after the date on which the Administrator receives a petition 
     under subparagraph (A), the Administrator shall make that 
     petition available to the public in full.
       (4) Factors for determination.--In carrying out a 
     rulemaking using the procedure

[[Page S5559]]

     described in paragraph (2) or making a determination to grant 
     or deny a petition submitted under paragraph (3), the 
     Administrator shall, to the extent practicable, factor in--
       (A) the best available data, including relevant publicly 
     available and peer-reviewed scientific data;
       (B) the availability of substitutes for use of the 
     regulated substance that is the subject of the rulemaking or 
     petition, as applicable, in a sector or subsector, taking 
     into account technological achievability, commercial demands, 
     safety, consumer costs, building codes, appliance efficiency 
     standards, contractor training costs, and other relevant 
     factors, including the quantities of regulated substances 
     available from reclaiming, prior production, or prior import;
       (C) overall economic costs and environmental impacts, as 
     compared to historical trends; and
       (D) the remaining phase-down period for regulated 
     substances under the final rule issued under subsection 
     (e)(3), if applicable.
       (5) Evaluation.--In carrying out this subsection, the 
     Administrator shall--
       (A) evaluate substitutes for regulated substances in a 
     sector or subsector, taking into account technological 
     achievability, commercial demands, safety, overall economic 
     costs and environmental impacts, and other relevant factors; 
     and
       (B) make the evaluation under subparagraph (A) available to 
     the public.
       (6) Effective date of rules.--No rule under this subsection 
     may take effect before the date that is 1 year after the date 
     on which the Administrator promulgates the applicable rule 
     under this subsection.
       (7) Applicability.--
       (A) Definition of retrofit.--In this paragraph, the term 
     ``retrofit'' means to upgrade existing equipment where the 
     regulated substance is changed, which--
       (i) includes the conversion of equipment to achieve system 
     compatibility; and
       (ii) may include changes in lubricants, gaskets, filters, 
     driers, valves, o-rings, or equipment components for that 
     purpose.
       (B) Applicability of rules.--A rule promulgated under this 
     subsection shall not apply to--
       (i) an essential use under clause (i) or (iv) of subsection 
     (e)(4)(B), including any use for which the production or 
     consumption of the regulated substance is extended under 
     clause (v)(II) of that subsection; or
       (ii) except for a retrofit application, equipment in 
     existence in a sector or subsector before the date of 
     enactment of this Act.
       (j) International Cooperation.--
       (1) In general.--Subject to paragraph (2), no person 
     subject to the requirements of this section shall trade or 
     transfer a production allowance or, after January 1, 2033, 
     export a regulated substance to a person in a foreign country 
     that, as determined by the Administrator, has not enacted or 
     otherwise established within a reasonable timeframe after the 
     date of enactment of this Act the same or similar 
     requirements or otherwise undertaken commitments regarding 
     the production and consumption of regulated substances as are 
     contained in this section.
       (2) Transfers.--Pursuant to paragraph (1), a person in the 
     United States may engage in a trade or transfer of a 
     production allowance--
       (A) to a person in a foreign country if, at the time of the 
     transfer, the Administrator revises the number of allowances 
     for production under subsection (e)(2), as applicable, for 
     the United States such that the aggregate national production 
     of the regulated substance to be traded under the revised 
     production limits is equal to the least of--
       (i) the maximum production level permitted for the 
     applicable regulated substance in the year of the transfer 
     under this section, less the production allowances 
     transferred;
       (ii) the maximum production level permitted for the 
     applicable regulated substances in the transfer year under 
     applicable law, less the production allowances transferred; 
     and
       (iii) the average of the actual national production level 
     of the applicable regulated substances for the 3-year period 
     ending on the date of the transfer, less the production 
     allowances transferred; or
       (B) from a person in a foreign country if, at the time of 
     the trade or transfer, the Administrator finds that the 
     foreign country has revised the domestic production limits of 
     the regulated substance in the same manner as provided with 
     respect to transfers by a person in United States under this 
     subsection.
       (3) Effect of transfers on production limits.--The 
     Administrator may--
       (A) reduce the production limits established under 
     subsection (e)(2)(B) as required as a prerequisite to a 
     transfer described in paragraph (2)(A); or
       (B) increase the production limits established under 
     subsection (e)(2)(B) to reflect production allowances 
     acquired under a trade or transfer described in paragraph 
     (2)(B).
       (4) Regulations.--The Administrator shall--
       (A) not later than 1 year after the date of enactment of 
     this Act, promulgate a final rule to carry out this 
     subsection; and
       (B) not less frequently than annually, review and, if 
     necessary, revise the final rule promulgated pursuant to 
     subparagraph (A).
       (k) Relationship to Other Law.--
       (1) Implementation.--
       (A) Rulemakings.--The Administrator may promulgate such 
     regulations as are necessary to carry out the functions of 
     the Administrator under this section.
       (B) Delegation.--The Administrator may delegate to any 
     officer or employee of the Environmental Protection Agency 
     such of the powers and duties of the Administrator under this 
     section as the Administrator determines to be appropriate.
       (C) Clean air act.--Sections 113, 114, 304, and 307 of the 
     Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply 
     to this section and any rule, rulemaking, or regulation 
     promulgated by the Administrator pursuant to this section as 
     though this section were expressly included in each of those 
     sections, as applicable, and the requirements of this section 
     were part of that Act (42 U.S.C. 7401 et seq.).
       (2) Preemption.--
       (A) In general.--Subject to subparagraph (B), during the 5-
     year period beginning on the date of enactment of this Act, 
     and with respect to an exclusive use for which a mandatory 
     allocation of allowances is provided under subsection 
     (e)(4)(B)(iv)(I), no State or political subdivision of a 
     State may enforce a statute or administrative action 
     restricting the management or use of a regulated substance 
     within that exclusive use.
       (B) Extension.--
       (i) In general.--Subject to clause (ii), if, pursuant to 
     subclause (I) of subsection (e)(4)(B)(v), the Administrator 
     authorizes an additional period under subclause (II) of that 
     subsection for the production or consumption of a regulated 
     substance for an exclusive use described in subparagraph (A), 
     no State or political subdivision of a State may enforce a 
     statute or administrative action restricting the management 
     or use of the regulated substance within that exclusive use 
     for the duration of that additional period.
       (ii) Limitation.--The period for which the limitation under 
     clause (i) applies shall not exceed 5 years from the date on 
     which the period described in subparagraph (A) ends.

                          ____________________