S.Amdt. 4909
What it does: Adds SEC. 1308. TRANSITION TO COMPARABLE ACTION IN EXPORT COUNTRIES at the end of subtitle A of title XIII
Sen. Charles E. Schumer (D-NY)What it changes
1 change to S. 3036
Adds SEC. 1308. TRANSITION TO COMPARABLE ACTION IN EXPORT COUNTRIES at the end of subtitle A of title XIII
Adds a sectionInserted: SEC. 1308. TRANSITION TO COMPARABLE ACTION IN EXPORT COUNTRIES.
Inserted: (a) Finding.--Congress finds that the purposes described in section 1302 can be achieved while maintaining the growth and volume of United States exports of carbon-intensive manufactured goods, particularly to countries that have not yet adopted comparable action to regulate greenhouse gas emissions.
Inserted: (b) Definitions.--In this section:
Inserted: (1) Currently operating facility.--The term "currently operating facility" has the meaning given the term in section 542(a).
Inserted: (2) Direct export.--The term "direct export" means a product manufactured in an eligible manufacturing facility and shipped to a destination outside of the customs territory of the United States without further processing.
Inserted: (3) Eligible manufacturing facility.--The term "eligible manufacturing facility" has the meaning given the term in section 542(a).
Inserted: (4) Indirect export.--The term "indirect export" means a product manufactured in an eligible manufacturing facility and further processed in the United States prior to shipment outside of the customs territory of the United States.
Inserted: (c) Regulations.--Not later than 2 years after the date of enactment of this Act, the Administrator shall promulgate regulations establishing a system for distributing, for each of calendar years 2012 through 2030, to owners and operators of eligible manufacturing facilities, international reserve allowances established under section 1306.
Inserted: (d) Individual Allocations to Currently Operating Facilities.--Under the system described in subsection (c), the quantity of international reserve allowances distributed by the Administrator for a calendar year to the owner or operator of a currently operating facility that received emission allowances under section 542(e) shall be a quantity equal in value to the product obtained by multiplying--
Inserted: (1) the product obtained by multiplying--
Inserted: (A) the sum of the annual direct and indirect emissions for the most recent year used in the calculation under section 542(d)(2)(A); and
Inserted: (B) the average value of the emission allowances allocated to the owner or operator of the currently operating facility under section 542(e); and
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Inserted: (2) the proportion that--
Inserted: (A) the value of production by the current operating facility that is used for direct export and indirect export during the calendar year immediately preceding the calendar year of the distribution; bears to
Inserted: (B) the total value of production by the current operating facility during the calendar year immediately preceding the calendar year of the distribution.
Inserted: (e) Deficiency.--If, for any calendar year, there is an insufficient number of international reserve allowances established under section 1306 available for distribution to meet the requirements of the system described in subsection (c), the Administrator shall distribute in lieu of those international reserve allowances a comparable quantity of emission allowances not otherwise sold or distributed under title V.
Inserted: (f) Export Countries.--In completing any calculations under the system described in subsection (c), the Administrator shall take into consideration--
Inserted: (1) exports of currently operating facilities to all foreign countries for each of calendar years 2012 and 2013; and
Inserted: (2) exports of currently operating facilities only to foreign countries that have not adopted a program to limit greenhouse gas emissions for each of calendar years 2014 through 2030.
Inserted: (g) Limitation on Quantity for Distribution.--The quantity of allowances distributed to the owner or operator of a currently operating facility for a calendar year pursuant to this section shall be limited so as to ensure that, for the calendar year, the sum of the value of the allowances so distributed and the value of the allowances allocated pursuant to section 542(e) shall not exceed the product obtained by multiplying--
Inserted: (1) the emissions of the currently operating facility for the most recent year used in the relevant calculation under section 542(d)(2)(A); and
Inserted: (2) the average value of the emission allowances allocated to the owner or operator of the currently operating facility under section 542(e).
Original wording
At the end of subtitle A of title XIII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4909. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 3036, to direct the Administrator of the Environmental Protection Agency to establish a program to decrease emissions of greenhouse gases, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XIII, add the following:
SEC. 1308. TRANSITION TO COMPARABLE ACTION IN EXPORT COUNTRIES.
(a) Finding.--Congress finds that the purposes described in section 1302 can be achieved while maintaining the growth and volume of United States exports of carbon-intensive manufactured goods, particularly to countries that have not yet adopted comparable action to regulate greenhouse gas emissions.
(b) Definitions.--In this section:
(1) Currently operating facility.--The term “currently operating facility” has the meaning given the term in section 542(a).
(2) Direct export.--The term “direct export” means a product manufactured in an eligible manufacturing facility and shipped to a destination outside of the customs territory of the United States without further processing.
(3) Eligible manufacturing facility.--The term “eligible manufacturing facility” has the meaning given the term in section 542(a).
(4) Indirect export.--The term “indirect export” means a product manufactured in an eligible manufacturing facility and further processed in the United States prior to shipment outside of the customs territory of the United States.
(c) Regulations.--Not later than 2 years after the date of enactment of this Act, the Administrator shall promulgate regulations establishing a system for distributing, for each of calendar years 2012 through 2030, to owners and operators of eligible manufacturing facilities, international reserve allowances established under section 1306.
(d) Individual Allocations to Currently Operating Facilities.--Under the system described in subsection (c), the quantity of international reserve allowances distributed by the Administrator for a calendar year to the owner or operator of a currently operating facility that received emission allowances under section 542(e) shall be a quantity equal in value to the product obtained by multiplying--
(1) the product obtained by multiplying--
(A) the sum of the annual direct and indirect emissions for the most recent year used in the calculation under section 542(d)(2)(A); and
(B) the average value of the emission allowances allocated to the owner or operator of the currently operating facility under section 542(e); and
(2) the proportion that--
(A) the value of production by the current operating facility that is used for direct export and indirect export during the calendar year immediately preceding the calendar year of the distribution; bears to
(B) the total value of production by the current operating facility during the calendar year immediately preceding the calendar year of the distribution.
(e) Deficiency.--If, for any calendar year, there is an insufficient number of international reserve allowances established under section 1306 available for distribution to meet the requirements of the system described in subsection (c), the Administrator shall distribute in lieu of those international reserve allowances a comparable quantity of emission allowances not otherwise sold or distributed under title V.
(f) Export Countries.--In completing any calculations under the system described in subsection (c), the Administrator shall take into consideration--
(1) exports of currently operating facilities to all foreign countries for each of calendar years 2012 and 2013; and
(2) exports of currently operating facilities only to foreign countries that have not adopted a program to limit greenhouse gas emissions for each of calendar years 2014 through 2030.
(g) Limitation on Quantity for Distribution.--The quantity of allowances distributed to the owner or operator of a currently operating facility for a calendar year pursuant to this section shall be limited so as to ensure that, for the calendar year, the sum of the value of the allowances so distributed and the value of the allowances allocated pursuant to section 542(e) shall not exceed the product obtained by multiplying--
(1) the emissions of the currently operating facility for the most recent year used in the relevant calculation under section 542(d)(2)(A); and
(2) the average value of the emission allowances allocated to the owner or operator of the currently operating facility under section 542(e).
Legislative Activity
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Senate amendment submitted
June 5, 2008