119-hr3338

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3338 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3338

 To amend the Internal Revenue Code of 1986 to eliminate certain fuel 
 excise taxes and impose a tax on greenhouse gas emissions to provide 
 revenue for maintaining and building American infrastructure, and for 
 other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 13, 2025

Mr. Fitzpatrick (for himself and Mr. Carbajal) introduced the following 
 bill; which was referred to the Committee on Ways and Means, and in 
 addition to the Committees on Energy and Commerce, Natural Resources, 
 Education and Workforce, Transportation and Infrastructure, Science, 
Space, and Technology, and Agriculture, for a period to be subsequently 
 determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To amend the Internal Revenue Code of 1986 to eliminate certain fuel 
 excise taxes and impose a tax on greenhouse gas emissions to provide 
 revenue for maintaining and building American infrastructure, and for 
 other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Modernizing 
America with Rebuilding to Kickstart the Economy of the Twenty-first 
Century with a Historic Infrastructure-Centered Expansion Act'' or the 
``MARKET CHOICE Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.
 TITLE I--GREENHOUSE GAS EMISSIONS

Sec. 101. Treatment of domestic greenhouse gas emissions.

Sec. 102. Border greenhouse gas adjustments.
 TITLE II--DISTRIBUTION OF REVENUES FROM TAXATION OF GREENHOUSE GAS 
 EMISSIONS

Subtitle A--Rebuilding Infrastructure and Solutions for the Environment 
 Trust Fund

Sec. 201. Establishment of the RISE Trust Fund.

Sec. 202. Appropriations from the RISE Trust Fund.

Sec. 203. State grants.
 Subtitle B--Certain Manufacturers Excise Taxes

Sec. 211. Repeal of Federal motor vehicle and aviation fuel taxes.

Sec. 212. Modifications of qualifying advanced coal project credit.
 TITLE III--AMENDMENTS TO OTHER LAWS

 Subtitle A--Amendments to Federal Environmental Statutes

Sec. 301. Amendments to the Clean Air Act.

Sec. 302. Frequent and chronic flooding mitigation and adaptation 
 infrastructure projects.

Sec. 303. No preemption of State law.
 Subtitle B--Assistance to Displaced Workers in the Energy Sector

Sec. 321. Assistance to displaced workers in the energy sector.
 TITLE IV--NATIONAL CLIMATE COMMISSION

Sec. 401. Establishment of Commission.

Sec. 402. Duties of Commission.

Sec. 403. Powers of Commission.

Sec. 404. Funding for the activities of the Commission.

Sec. 405. Staff of the Commission.

SEC. 2. FINDINGS.

 Congress finds that--

    (1) roads, bridges, airports, and urban transportation 
 systems are essential to the economic and national security of 
 the United States;

    (2) there is a chronic shortfall in funding for the 
 maintenance of highways, bridges, and other critical 
 infrastructure;

    (3) strategic investments in new infrastructure will allow 
 for economic growth and dynamism in the 21st century;

    (4) there has been a marked increase in extreme weather 
 events and the negative impacts of a changing climate are 
 expected to worsen in every region of the United States;

    (5) if left unaddressed, the consequences of a changing 
 climate have the potential to adversely impact the health of 
 all Americans, harm the economy, and impose substantial costs 
 on local, State, and Federal budgets;

    (6) efforts to reduce climate risk should protect our 
 Nation's economy, security, infrastructure, agriculture, water 
 supply, public health, and public safety; and

    (7) there is bipartisan support for pursuing efforts to 
 reduce greenhouse gas emissions through economically viable, 
 broadly supported private and public policies and solutions.

 TITLE I--GREENHOUSE GAS EMISSIONS

SEC. 101. TREATMENT OF DOMESTIC GREENHOUSE GAS EMISSIONS.

    (a) In General.--The Internal Revenue Code of 1986 is amended by 
adding at the end the following new subtitle:

 ``Subtitle L--Greenhouse Gas Emissions

 ``PART 1--TAXATION OF GREENHOUSE GAS EMISSIONS

``

Sec. 9901. Imposition of tax on combusted fossil fuel greenhouse gas 
 emissions.
``

Sec. 9902. Imposition of tax on greenhouse gas emissions from certain 
 industrial processes.
``

Sec. 9903. Imposition of tax on greenhouse gas emissions from certain 
 product uses.
``

Sec. 9904. Calculation of taxable emissions.
``

Sec. 9905. Credit for state payments.
``

Sec. 9906. Penalties for nonpayment.
``

Sec. 9907. Definitions.

``

SEC. 9901. IMPOSITION OF TAX ON COMBUSTED FOSSIL FUEL GREENHOUSE GAS 
 EMISSIONS.

 ``

    (a) In General.--There is hereby imposed a tax on fossil fuels 
produced within, or imported into, the United States.
 ``

    (b) Rate of Tax.--
 ``

    (1) Greenhouse gases that would be released if the fossil 
 fuel were combusted.--The tax imposed by subsection

    (a) shall 
 be the applicable amount per ton of carbon dioxide equivalent 
 of all greenhouse gasses that would be released if the fossil 
 fuel were combusted.
 ``

    (2) Applicable amount of carbon dioxide equivalent 
 emissions.--For purposes of paragraph

    (1) , the term `applicable 
 amount' means--
 ``
        (A) for calendar year 2027, $40 per metric ton of 
 carbon dioxide equivalent emissions, and
 ``
        (B) for each calendar year after 2027, the tax 
 rate shall be the sum of--
 ``
            (i) the previous calendar year's tax 
 rate, plus
 ``
            (ii) the sum of--
 ``
            (I) 5 percentage points, plus
 ``
            (II) a percentage increase in the 
 previous year's tax rate equal to the 
 increase in the Consumer Price Index 
 for the previous calendar year.
 ``

    (3) Consumer price index for any calendar year.--For 
 purposes of subparagraph
        (B) , the Consumer Price Index for the 
 previous calendar year is the average of the Consumer Price 
 Index for all-urban consumers published by the Department of 
 Labor as of the close of the 12-month period ending on August 
 31 of such calendar year. For purposes of the preceding 
 sentence, the revision of the Consumer Price Index which is 
 most consistent with the Consumer Price Index for calendar year 
 1986 shall be used.
 ``

    (4) Rate adjustment based on emission levels.--
 ``
        (A) Report.--Not later than March 30, 2028, and 
 annually thereafter, the Secretary and the 
 Administrator shall jointly report the emissions during 
 the calendar year ending on the preceding December 31 
 from sources subject to taxation under this part. The 
 report shall determine whether the cumulative amount of 
 annual emissions reported for the period beginning in 
 calendar year 2027 and through the end of the preceding 
 calendar year were less than the emissions levels 
 specified in the following schedule:
 ``
            (i) The total emissions through calendar 
 year 2027 are 4,700 million metric tons of 
 carbon dioxide equivalent.
 ``
            (ii) The total emissions through calendar 
 year 2028 are 9,400 million metric tons of 
 carbon dioxide equivalent.
 ``
            (iii) The total emissions through 
 calendar year 2029 are 14,000 million metric 
 tons of carbon dioxide equivalent.
 ``
            (iv) The total emissions through calendar 
 year 2030 are 18,300 million metric tons of 
 carbon dioxide equivalent.
 ``
            (v) The total emissions through calendar 
 year 2031 are 22,600 million metric tons of 
 carbon dioxide equivalent.
 ``
            (vi) The total emissions through calendar 
 year 2032 are 26,800 million metric tons of 
 carbon dioxide equivalent.
 ``
            (vii) The total emissions through 
 calendar year 2033 are 31,000 million metric 
 tons of carbon dioxide equivalent.
 ``
            (viii) The total emissions through 
 calendar year 2034 are 35,100 million metric 
 tons of carbon dioxide equivalent.
 ``
            (ix) The total emissions through calendar 
 year 2035 are 39,100 million metric tons of 
 carbon dioxide equivalent.
 ``
            (x) The total emissions through calendar 
 year 2036 are 43,100 million metric tons of 
 carbon dioxide equivalent.
 ``
            (xi) The total emissions through calendar 
 year 2037 are 47,100 million metric tons of 
 carbon dioxide equivalent.
 ``
        (B) Adjustments for report period.--
 ``
            (i) In general.--Not later than March 30, 
 2029, and every two years thereafter, the 
 Secretary shall determine whether an adjustment 
 is required in accordance with clause
            (ii) .
 ``
            (ii) Period through 2038.--If the 
 emission level reported under subparagraph
        (A) for calendar year 2028, and every second 
 calendar year thereafter through calendar year 
 2038, exceeds the level for such calendar year 
 specified in clauses
            (i) through
            (xi) of 
 subparagraph
        (A) , then the applicable amount 
 under paragraph

    (2) for the calendar year 
 beginning on the next January 1 following the 
 determination in clause
            (i) shall, after the 
 increase under paragraph

    (2) for such next 
 calendar year, be increased by an additional $4 
 per metric ton.
 ``
            (c) By Whom Paid.--The tax imposed by subsection

    (a) shall be 
paid by the owner of the fossil fuel at the point of taxation.
 ``
            (d) Point of Taxation.--
 ``

    (1) For fossil fuels produced within the United States, 
 the point of taxation shall be--
 ``
        (A) for coal, the mine mouth or, for washed coal, 
 the exit from the coal preparation and processing 
 plant,
 ``
        (B) for petroleum products, the exit point from 
 the refinery, and
 ``
            (C) for natural gas, the exit from the gas 
 processing plant or, for natural gas that is not 
 treated at a gas processing plant, the point of sale to 
 the person who combusts the gas or incorporates it into 
 a product that is not intended for combustion.
 ``

    (2) For any fossil fuel imported into the United States, 
 the point of taxation shall be the point at which it first 
 enters the United States.
 ``

    (e) Exemptions.--
 ``

    (1) Exemption for noncombustive uses.--
 ``
        (A) Refund for reduction or elimination of 
 emissions.--Any manufacturer of a product that 
 incorporates a fossil fuel that has been taxed under 
 this section who can demonstrate to the Secretary that 
 the fossil fuel has been transformed via the 
 manufacture of the product so that the fossil fuel's 
 emissions will be reduced or eliminated over the 
 product's lifetime shall be entitled to a refund of the 
 tax paid under this section on the proportion of the 
 emissions reduced thereby, as determined by the 
 Secretary.
 ``
        (B) Rule.--The Secretary, in consultation with 
 the Administrator, shall establish by rule the criteria 
 and process by which product manufacturers can 
 demonstrate that the conditions in subparagraph
        (A) have been satisfied.
 ``
            (C) Publication of regulations.--The Secretary 
 shall publish the regulations required by this 
 subsection no later than one year prior to the start of 
 the calendar year referred to in 

section 9901

    (b)

    (2)
        (A) . 
 The Secretary may not collect the tax imposed by this 
 section for any calendar year that begins less than one 
 year after the regulations are published.
 ``

    (2) Exemption for carbon capture and storage.--
 ``
        (A) Refund for sequesters.--Any person who 
 sequesters greenhouse gas emissions resulting from the 
 combustion of fossil fuel that has passed through a 
 point of taxation shall be entitled to a refund of the 
 tax imposed by this section. Emissions that are used 
 for enhanced oil recovery shall be entitled for such 
 refund provided that these emissions meet all of the 
 criteria applicable to other emissions that qualify for 
 such refund.
 ``
        (B) Rule.--The Secretary shall establish by rule 
 the procedures by which to apply for such refunds and 
 such refunds shall be paid within six months of the 
 Secretary receiving an approvable application.
 ``
            (C) Time of refund.--The Secretary may not refund 
 any amounts under this paragraph until such time as the 
 Secretary has published the regulations described in 
 

section 45Q

    (f)

    (2) .

``

SEC. 9902. IMPOSITION OF TAX ON GREENHOUSE GAS EMISSIONS FROM CERTAIN 
 INDUSTRIAL PROCESSES.

 ``

    (a) In General.--There is hereby imposed a tax on industrial 
process greenhouse gas emissions by certain source categories.
 ``

    (b) List of Source Categories.--
 ``

    (1) Initial list.--The Congress establishes for purposes 
 of this section a list of source categories subject to this 
 section as follows:
 ``
        (A) Iron and steel production and metallurgical 
 coke production.
 ``
        (B) Underground coal mining.
 ``
            (C) Coal preparation and processing plants.
 ``
            (D) Refineries.
 ``
        (E) Cement production.
 ``
        (F) Petrochemical production.
 ``
        (G) Lime production.
 ``
        (H) Ammonia production.
 ``
            (I) Aluminum production.
 ``
        (J) Soda ash production.
 ``
        (K) Ferroalloy production.
 ``
            (L) Phosphoric acid production.
 ``
            (M) Glass production.
 ``
        (N) Zinc production.
 ``
        (O) Lead production.
 ``
        (P) Magnesium production and processing.
 ``
        (Q) Nitric acid production.
 ``
        (R) Adipic acid production.
 ``
        (S) Semiconductor manufacture.
 ``
        (T) Electrical transmission and distribution.
 ``

    (2) Revision of the list.--The Administrator shall review 
 the list of source categories established by this subsection 
 not less than once every five years to determine if they should 
 continue to be listed and publish the results of that review. 
 The Administrator may, if appropriate, add any source 
 categories to this list by rule.
 ``

    (3) Removal of a source category from the list.--The 
 Administrator may remove a source category from this list only 
 if--
 ``
        (A) the total emissions from the entire source 
 category which are taxable under this section have been 
 less than 250,000 metric tons of carbon dioxide 
 equivalent per year for each of three consecutive 
 years,
 ``
        (B) the average emissions from facilities in the 
 source category which are taxable under this section 
 have been less than 25,000 metric tons of carbon 
 dioxide equivalent per year for each of the years 
 referred in subparagraph
        (A) , and
 ``
            (C) the Administrator determines that there is no 
 reasonable possibility that the total emissions from 
 the entire source category which are taxable under this 
 section will exceed 250,000 metric tons per year of 
 carbon dioxide equivalent within any of the five years 
 following such determination.
 ``

    (4) Addition of a source category to the list.--The 
 Administrator may add a source category to this list only if 
 the Administrator determines that--
 ``
        (A) the total emissions from the entire source 
 category which are taxable under this section have been 
 greater than 250,000 metric tons per year of carbon 
 dioxide equivalent in any two years out of the 
 preceding five years,
 ``
        (B) the average emissions from facilities in the 
 source category which are taxable under this section 
 have been greater than 25,000 metric tons per year of 
 carbon dioxide equivalent in the years in which 
 emissions from the entire source category have been 
 greater than 250,000 tons per year, and
 ``
            (C) there is a reasonable possibility that the 
 total emissions from the entire source category which 
 are taxable under this section will be greater than 
 250,000 metric tons per year of carbon dioxide 
 equivalent in any year within the next five years 
 following such determination.
 ``
            (c) Rate of Tax.--The rate of tax shall be the same as the rate 
given in 

section 9901

    (b)

    (2) .
 ``
            (d) By Whom Paid.--The tax imposed by subsection

    (a) shall be 
paid by the owner or operator of the point of taxation.
 ``

    (e) Point of Taxation.--The point of taxation shall be any 
facility in a source category which emits more than 25,000 metric tons 
of carbon dioxide equivalent subject to taxation under this section in 
any calendar year.

``

SEC. 9903. IMPOSITION OF TAX ON GREENHOUSE GAS EMISSIONS FROM CERTAIN 
 PRODUCT USES.

 ``

    (a) In General.--There is hereby imposed a tax on non-fossil-
fuel-greenhouse-gas emissions by certain manufactured products when 
used for their intended purposes that are manufactured within or 
imported into, the United States.
 ``

    (b) List of Products.--
 ``

    (1) Initial list.--The Congress establishes for purposes 
 of this section a list of products subject to this section as 
 follows:
 ``
        (A) Fuel ethanol.
 ``
        (B) Industrial carbonates.
 ``
            (C) Carbon dioxide urea.
 ``
            (D) Soda ash.
 ``
        (E) Nitrous oxide.
 ``
        (F) Biodiesel.
 ``
        (G) Solid biomass fuels.
 ``

    (2) Revision of the list.--The Administrator shall review 
 the list of products established by this subsection not less 
 than once every five years to determine if they should continue 
 to be listed and publish the results of that review. The 
 Administrator may, if appropriate, add any product to this list 
 by rule.
 ``

    (3) Removal of a product from the list.--The 
 Administrator may remove a product from this list only if--
 ``
        (A) the total emissions from all of the product 
 used within the United States has been less than 
 250,000 metric tons per year of carbon dioxide 
 equivalent for each of three consecutive years, and
 ``
        (B) the Administrator determines that there is no 
 reasonable possibility that the total emissions from 
 all of the product used in the United States will 
 exceed 250,000 metric tons per year of carbon dioxide 
 equivalent within any of the five years following such 
 determination.
 ``

    (4) Addition of a product to the list.--The Administrator 
 may add a product to this list only if the Administrator 
 determines that--
 ``
        (A) the total emissions from all of the product 
 used within the United States has been greater than 
 250,000 metric tons per year of carbon dioxide 
 equivalent in any two years out of the preceding five 
 years, and
 ``
        (B) there is a reasonable possibility that the 
 total emissions from all of the product used within the 
 United States will be greater than 250,000 metric tons 
 per year of carbon dioxide equivalent in any year 
 within the next five years following such 
 determination.
 ``
            (c) Rate of Tax.--The rate of tax shall be the same as the rate 
given in 

section 9901

    (b)

    (2) .
 ``
            (d) By Whom Paid.--The tax imposed by subsection

    (a) shall be 
paid--
 ``

    (1) for products manufactured in the United States, by 
 the owner or operator of the point of taxation, and
 ``

    (2) for products imported into the United States, by the 
 owner of the product when it enters the United States.
 ``

    (e) Point of Taxation.--The point of taxation shall be--
 ``

    (1) for products manufactured in the United States, the 
 manufacturing facility,
 ``

    (2) for products imported into the United States, the 
 point at which it first enters the United States, and
 ``

    (3) for domestically produced biomass fuel by a facility 
 that emits from combusted biomass fuel more than 25,000 metric 
 tons of carbon dioxide equivalent greenhouse gases in a year, 
 the facility that combusts the biomass fuel.

``

SEC. 9904. CALCULATION OF TAXABLE EMISSIONS.

 ``

    (a) How To Calculate Taxable Emissions.--In consultation with the 
Department of Energy, the Administrator shall establish by rule (and 
may, from time to time, revise) the method by which taxable emissions 
under this part shall be calculated.
 ``

    (b) Categories and Subcategories Considered.--For purposes of 
calculating emissions taxable under--
 ``

    (1) section 9901, the Administrator shall determine by 
 rule the amount of carbon dioxide equivalent that would be 
 emitted if each fossil fuel were combusted, and the 
 Administrator may establish by rule such subcategories of each 
 fuel and the means by which it is combusted as the 
 Administrator deems appropriate,
 ``

    (2) section 9902, the Administrator may determine by rule 
 such subcategories of any industrial process category listed in 
 subsection 9902

    (b) as the Administrator deems appropriate, and
 ``

    (3) section 9903, for fuel ethanol, biodiesel, and solid 
 biomass fuels the Administrator shall determine by rule the 
 amount of carbon dioxide equivalent that would be emitted based 
 on the lifecycle greenhouse gas emissions of the product 
 (excluding emissions from fossil fuels that have passed through 
 a point of taxation), and the Administrator may determine by 
 rule such subcategories of manufactured products listed in 
 subsection 9903

    (b) as the Administrator deems appropriate.
 ``
            (c) Methods.--Where greenhouse gas emissions subject to taxation 
under any section of this part are combined with greenhouse gas 
emissions subject to taxation under any other section of this part, the 
Administrator shall ensure, to the greatest degree possible, that the 
methods required to determine the emissions taxable under any section 
of this part do not include any emissions taxable under any other 
section of this part.
 ``
            (d) Method Cost Differences.--The Administrator shall not require 
the use of any method to calculate taxable emissions whereby the 
difference in cost of the method compared to the next cheapest 
alternative method is greater than the amount of the tax that would be 
paid on the additional emissions determined by the more expensive 
method.
 ``

    (e) Publication of Regulations.--The Administrator shall publish 
the regulations required by this section no later than one year prior 
to the start of the calendar year referred to in 

section 9901

    (b)

    (2)
        (A) . 
The Secretary may not collect the tax imposed by any section in this 
part for any calendar year that begins less than one year after the 
regulations applicable to each such section are published.

``

SEC. 9905. CREDIT FOR STATE PAYMENTS.

 ``

    (a) Credit for Payments.--The Secretary shall allow any person 
who is required to make payment for greenhouse gas emissions under this 
part a credit for payments made on those emissions required under any 
State law in the following manner:
 ``

    (1) For the year given in 

section 9901

    (b)

    (2) , a credit 
 equal to 100 percent of the amount paid pursuant to 
 requirements of State law.
 ``

    (2) For the first year following the year used in 
 paragraph

    (1) , a credit equal to 80 percent of the amount paid 
 pursuant to requirements of State law.
 ``

    (3) For the second year following the year used in 
 paragraph

    (1) , a credit equal to 60 percent of the amount paid 
 pursuant to requirements of State law.
 ``

    (4) For the third year following the year used in 
 paragraph

    (1) , a credit equal to 40 percent of the amount paid 
 pursuant to requirements of State law.
 ``

    (5) For the fourth year following the year used in 
 paragraph

    (1) , a credit equal to 20 percent of the amount paid 
 pursuant to requirements of State law.
 ``

    (b) No Credit.--For all years following the year used in 
paragraph

    (5) , no credit shall be allowed.

``

SEC. 9906. PENALTIES FOR NONPAYMENT.

 ``Any person who fails to comply with the requirements of 

section 9901, 9902, or 9903 shall be liable for payment to the Secretary, 
without demand, of a penalty in the amount equal to 3 times the 
applicable amount specified by those sections for the same tax year as 
the year in which the person failed to comply with such requirements.

``

SEC. 9907. DEFINITIONS.

 ``Unless otherwise provided, the definitions provided herein are 
applicable to all provisions of this subtitle.
 ``

    (1) Administrator.--The term `Administrator' means the 
 Administrator of the Environmental Protection Agency.
 ``

    (2) Cardon dioxide equivalent.--The term `carbon dioxide 
 equivalent' means the number of metric tons of CO<INF>2</INF> 
 emissions with the same global warming potential over a 100-
 year period as one metric ton of another greenhouse gas.
 ``

    (3) Coal.--The term `coal' means any of the recognized 
 classifications and ranks of coal, including anthracite, 
 bituminous, semibituminous, subbituminous, lignite, and peat.
 ``

    (4) Coal preparation and processing plant.--The term 
 `coal preparation and processing plant' means any facility 
 (excluding underground mining operations) which prepares coal 
 by one or more of the following processes: breaking, crushing, 
 screening, wet or dry cleaning, and thermal drying.
 ``

    (5) Enhanced oil recovery.--The term `enhanced oil 
 recovery' has the meaning defined at 

section 1.193-1

    (b)

    (2) of 
 title 26, Code of Federal Regulations, as in effect on the date 
 of enactment of this section.
 ``

    (6) Facility.--The term `facility' means any physical 
 property, plant, building, structure, source, or stationary 
 equipment located on one or more contiguous or adjacent 
 properties in actual physical contact or separated solely by a 
 public roadway or other public right-of-way and under common 
 ownership or common control, that emits or may emit any 
 greenhouse gas.
 ``

    (7) Fossil fuel.--The term `fossil fuel' means coal, 
 petroleum products, or natural gas.
 ``

    (8) Greenhouse gas.--The term `greenhouse gas' means 
 carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 
 perfluorocarbons, and sulfur hexafluoride.
 ``

    (9) Greenhouse gas effects.--The term `greenhouse gas 
 effects' means the adverse effects of greenhouse gasses on 
 health or welfare caused by the greenhouse gas's heat-trapping 
 potential or its effect on ocean acidification.
 ``

    (10) Lifecycle greenhouse gas emissions.--The term 
 `lifecycle greenhouse gas emissions' has the meaning given that 
 term in 

section 211 of the Clear Air Act.
 ``

    (11) Natural gas.--The term `natural gas' means any fuel 
 consisting in whole or in part of natural gas, including 
 components of natural gas such as methane and ethane; liquid 
 petroleum gas; synthetic gas derived from coal, petroleum, or 
 natural gas liquids; or any mixture of natural gas and 
 synthetic gas.
 ``

    (12) Petroleum products.--The term `petroleum products' 
 means unfinished oils, liquefied petroleum gases, pentanes 
 plus, aviation gasoline, motor gasoline, naphtha-type jet fuel, 
 kerosene-type jet fuel, kerosene, distillate fuel oil, residual 
 fuel oil, petrochemical feedstocks, special naphthas, 
 lubricants, waxes, petroleum coke, asphalt, road oil, still 
 gas, and miscellaneous products obtained from the processing of 
 crude oil (including lease condensate), natural gas, and other 
 hydrocarbon compounds. The term does not include natural gas, 
 liquefied natural gas, biofuels, methanol, and other 
 nonpetroleum fuels.
 ``

    (13) Publish.--The term `publish' means publication in 
 the Federal Register.
 ``

    (14) Refinery.--The term `refinery' means any facility 
 engaged in producing gasoline, kerosene, distillate fuel oils, 
 residual fuel oils, lubricants, or other products through 
 distillation of petroleum or through redistillation, cracking, 
 or reforming of unfinished petroleum derivatives.
 ``

    (15) Owner.--The term `owner' with respect to any fossil 
 fuel means any person who has legal title to the fossil fuel.
 ``

    (16) Owner or operator.--The term `owner or operator' 
 with respect to any fossil fuel means any person who has legal 
 title to the fossil fuel.
 ``

    (17) Sequesters.--The term `sequesters' means the 
 permanent storage of carbon dioxide or other greenhouse gas 
 such that it does not escape into the atmosphere, and is in 
 compliance with the regulations issued pursuant to 

section 45Q

    (f)

    (2) .
 ``

    (18) Solid biomass.--The term `solid biomass' means 
 nonfossilized and biodegradable organic material originating 
 from plants, animals, or microorganisms, including products, 
 byproducts, residues and waste from agriculture, forestry, and 
 related industries as well as the nonfossilized and 
 biodegradable organic fractions of industrial and municipal 
 wastes, but does not include gases and liquids recovered from 
 the decomposition of nonfossilized and biodegradable organic 
 material.
 ``

    (19) Source category.--The term `source category' means 
 any category or subcategory regulated under part 60 of title 
 40, Code of Federal Regulations, or part 90 of title 40, Code 
 of Federal Regulations.''.

    (b) Clerical Amendment.--The table of subtitles for the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
item:

 ``Subtitle L--Greenhouse Gas Emissions''.
            (c) Effective Date.--The amendments made by this section shall 
apply to emissions after the later of December 31, 2025, and the date 
that is one year after the date regulations are promulgated under 

section 9914 of the Internal Revenue Code of 1986.

SEC. 102. BORDER GREENHOUSE GAS ADJUSTMENTS.

    (a) In General.--Subtitle L of the Internal Revenue Code of 1986, 
as added by subsection

    (a) , is further amended by adding at the end the 
following new part:

 ``PART 2--TAX ADJUSTMENTS FOR IMPORTS AND EXPORTS OF GREENHOUSE GAS 
 INTENSIVE PRODUCTS

``

Sec. 9911. Purposes.
``

Sec. 9912. Definitions.
``

Sec. 9913. Notification of foreign countries.
``

Sec. 9914. Border tax adjustment rate.

``

SEC. 9911. PURPOSES.

 ``

    (a) Purposes of Part.--The purposes of this part are--
 ``

    (1) to promote a strong global effort to significantly 
 reduce greenhouse gas emissions, and
 ``

    (2) to prevent carbon leakage.
 ``

    (b) Additional Purposes of Part.--The purposes of this part are 
additionally--
 ``

    (1) to provide a rebate to exporters in domestic eligible 
 industrial sectors for the greenhouse gas emission costs of the 
 owners and operators incurred under this title, but not for 
 costs associated with other related or unrelated market 
 dynamics,
 ``

    (2) to ensure that imports from other countries, and, in 
 particular, fast-growing developing countries, do not enjoy 
 competitive advantages because of the carbon tax liability of 
 domestic manufacturers, and therefore increase their emissions,
 ``

    (3) to encourage foreign countries to take substantial 
 action with respect to their greenhouse gas emissions, and
 ``

    (4) to ensure that the measures described in this subpart 
 are designed and implemented in a manner consistent with 
 applicable international agreements to which the United States 
 is a party.

``

SEC. 9912. DEFINITIONS.

 ``In this part:
 ``

    (1) Carbon leakage.--The term `carbon leakage' means any 
 substantial increase (as determined by the Secretary) in 
 greenhouse gas emissions by entities located in other countries 
 caused by a cost of production increase in the United States 
 resulting from implementation of this title.
 ``

    (2) Border tax adjustment.--The term `border tax 
 adjustment' means the levying of a tax on imported covered 
 goods equivalent to the amount of tax paid pursuant to part 1 
 of this subtitle in the manufacture of comparable domestic 
 manufactured goods, and the rebating of the tax paid pursuant 
 to part 1 of this subtitle that has been paid on covered goods 
 exported from the United States.
 ``

    (3) Border tax adjustment rate.--The term `border tax 
 adjustment rate' means the amount of tax that would be paid on 
 a covered good produced in the United States in the current 
 year.
 ``

    (4) Commissioner.--The term `Commissioner' means the 
 Commissioner of United States Customs and Border Protection.
 ``

    (5) Covered good.--The term `covered good' means a good 
 that is--
 ``
        (A) entered under a heading or subheading of the 
 Harmonized Tariff Schedule of the United States that 
 corresponds to the NAICS code for an eligible 
 industrial sector, as established in the concordance 
 between NAICS codes and the Harmonized Tariff Schedule 
 of the United States prepared by the United States 
 Census Bureau, or
 ``
        (B) a manufactured item for consumption.
 ``

    (6) Eligible industrial sector.--The term `eligible 
 industrial sector' means an industrial sector determined by the 
 Secretary under 

section 9913.
 ``

    (7) Industrial sector.--The term `industrial sector' 
 means any sector that--
 ``
        (A) is in the manufacturing sector (as defined in 
 NAICS codes 31, 32, and 33), or
 ``
        (B) is part of, or an entire, sector that 
 beneficiates or otherwise processes (including 
 agglomeration) metal ores, including iron and copper 
 ores, soda ash, and phosphate. The term `industrial 
 sector' does not include any part of a sector that 
 extracts fossil fuels, metal ores, soda ash, or 
 phosphate.
 ``

    (8) Manufactured item for consumption.--The term 
 `manufactured item for consumption' means any good--
 ``
        (A) that includes in substantial quantities one 
 or more goods like the goods produced by an eligible 
 industrial sector, and
 ``
        (B) for which the Secretary has determined, with 
 the concurrence of the Commissioner, that the 
 application of the border tax adjustment program 
 pursuant to this part is technically and 
 administratively feasible and appropriate to achieve 
 the purposes of this part, taking into account the 
 greenhouse gas intensity, and where appropriate the 
 trade intensity, of the industrial sector that produces 
 the good, as measured consistent with 

section 9913 and 
 the ability of the producers to recover cost increases 
 in the marketplace and other appropriate factors.
 ``

    (9) NAICS.--The term `NAICS' means the North American 
 Industrial Classification System of 2002.
 ``

    (10) Output.--The term `output' means the total tonnage 
 or other standard unit of production (as determined by the 
 Secretary) produced by an entity in an industrial sector.

``

SEC. 9913. NOTIFICATION OF FOREIGN COUNTRIES.

 ``

    (a) In General.--As soon as practicable after the date of the 
enactment of the Modernizing America with Rebuilding to Kickstart the 
Economy of the Twenty-first Century with a Historic Infrastructure-
Centered Expansion Act, the President shall notify each foreign 
country--
 ``

    (1) requesting the foreign country to take appropriate 
 measures to limit the greenhouse gas emissions of the foreign 
 country, and
 ``

    (2) indicating that a border tax adjustment may apply to 
 covered goods imported into and exported from the United 
 States.
 ``

    (b) Lists.--
 ``

    (1) In general.--Not later than 1 year after the date of 
 the enactment of the Modernizing America with Rebuilding to 
 Kickstart the Economy of the Twenty-first Century with a 
 Historic Infrastructure-Centered Expansion Act, the Secretary 
 shall promulgate a rule designating, based on the criteria 
 under subsection
            (c) (2) , industrial sectors where covered 
 products are liable for the border tax adjustment.
 ``

    (2) Content.--The list shall include the amount of the 
 border tax adjustment rate for each covered good in the 
 following calendar year pursuant to 

section 9914.
 ``

    (3) Subsequent lists.--Not later than January 31 of each 
 calendar year after the calendar year in which the Modernizing 
 America with Rebuilding to Kickstart the Economy of the Twenty-
 first Century with a Historic Infrastructure-Centered Expansion 
 Act is enacted, the Secretary shall publish in the Federal 
 Register an updated version of the list published under 
 paragraph

    (1) .
 ``
            (c) Eligible Industrial Sectors.--
 ``

    (1) Presumptively eligible industrial sectors.--
 ``
        (A) Eligibility criteria.--
 ``
            (i) In general.--
 ``
            (I) Imported covered goods are 
 liable under this part if they are 
 produced in the United States in an 
 industrial sector that is included in a 
 6-digit classification of the NAICS 
 that meets the criteria in both clauses
            (ii) and
            (iii) .
 ``
            (II) Exported covered goods are 
 eligible under this part if they are 
 produced in the United States in an 
 industrial sector that is included in a 
 6-digit classification of the NAICS 
 that meets the criteria in clauses
            (ii) and
            (iii) .
 ``
            (ii) Greenhouse gas intensity.--As 
 determined by the Secretary, an industrial 
 sector meets the criteria of this clause if the 
 United States industrial sector has a 
 greenhouse gas intensity of at least 5 percent, 
 calculated by dividing--
 ``
            (I) the number of metric tons of 
 carbon dioxide equivalent greenhouse 
 gas emissions (including direct 
 emissions from fuel combustion, process 
 emissions, and indirect emissions from 
 the generation of electricity used to 
 produce the output of the sector) of 
 the sector based on data described in 
 subparagraph
            (C) , multiplied by the 
 applicable rate in 

section 9901

    (b)

    (2) , 
 by
 ``
            (II) the value of the shipments 
 of the sector, based on data described 
 in subparagraph
            (C) .
 ``
            (iii) Trade intensity.--As determined by 
 the Secretary, an industrial sector meets the 
 criteria of this clause if the industrial 
 sector has a trade intensity of at least 15 
 percent, calculated by dividing--
 ``
            (I) the value of the total 
 imports and exports of the sector, by
 ``
            (II) the value of the shipments 
 plus the value of imports of the 
 sector, based on data described in 
 subparagraph
            (C) .
 ``
        (B) Metal and phosphate production classified 
 under more than one naics code.--For purposes of this 
 section, the Secretary shall--
 ``
            (i) aggregate data for the beneficiation 
 or other processing (including agglomeration) 
 of metal ores, including iron and copper ores, 
 soda ash, or phosphate with subsequent steps in 
 the process of metal and phosphate 
 manufacturing, regardless of the NAICS code 
 under which the activity is classified, and
 ``
            (ii) aggregate data for the manufacturing 
 of steel with the manufacturing of steel pipe 
 and tube made from purchased steel in a 
 nonintegrated process.
 ``
            (C) Data sources.--
 ``
            (i) Value of shipments.--
 ``
            (I) In general.--The Secretary 
 shall determine the value of shipments 
 under this subsection from data from 
 the United States Census Annual Survey 
 of Manufacturers.
 ``
            (II) Average data available.--The 
 Secretary shall use the average of data 
 from the most recent 3 years for which 
 the data are available.
 ``
            (III) Average data not 
 available.--If data described in 
 subclause
            (II) are unavailable, the 
 Secretary shall make a determination 
 based on--
 ``

    (aa) data from the most 
 detailed industrial 
 classification level of the 
 Manufacturing Energy 
 Consumption Survey of the 
 Energy Information 
 Administration, and
 ``

    (bb) data from the most 
 recent Economic Census of the 
 United States.
 ``
            (IV) Data not available for 
 sector.--If data from the Manufacturing 
 Energy Consumption Survey or Economic 
 Census are unavailable for any sector 
 at the 6-digit classification level in 
 the NAICS, the Secretary may use 
 available Manufacturing Energy 
 Consumption Survey or Economic Census 
 data pertaining to a broader industrial 
 category classified in the NAICS.
 ``
            (V) Data not available for 
 processing.--If data relating to the 
 beneficiation or other processing 
 (including agglomeration) of metal ores 
 (including iron and copper ores, soda 
 ash, or phosphate) are not available 
 from the specified data sources, the 
 Secretary--
 ``

    (aa) shall use the best 
 available Federal or State 
 government data, and
 ``

    (bb) may use, to the 
 extent necessary, 
 representative data submitted 
 by entities that perform the 
 beneficiation or other 
 processing (including 
 agglomeration), in making a 
 determination.
 ``
            (ii) Imports and exports.--
 ``
            (I) In general.--The Secretary 
 shall base the value of imports and 
 exports under this subsection on United 
 States International Trade Commission 
 data.
 ``
            (II) Average data available.--The 
 Secretary shall use the average of data 
 from the three most recent years for 
 which the data are available.
 ``
            (III) Average data not 
 available.--If data from the United 
 States International Trade Commission 
 are unavailable for any sector at the 
 6-digit classification level in the 
 NAICS, the Secretary may use United 
 States International Trade Commission 
 data pertaining to a broader industrial 
 category classified in the NAICS.
 ``
            (iii) Percentages.--The Secretary shall 
 round the greenhouse gas intensity and trade 
 intensity percentages under subparagraph
        (A) to 
 the nearest whole number.
 ``
            (iv) Greenhouse gas emission 
 calculations.--When calculating the metric tons 
 of carbon dioxide equivalent greenhouse gas 
 emissions for each sector under subparagraph
        (A)
            (ii) 
            (I) , the Secretary--
 ``
            (I) shall use the best available 
 data from the three most recent years 
 for which the data are available, and
 ``
            (II) may, to the extent necessary 
 with respect to a sector, use economic 
 and engineering models and the best 
 available information on technology 
 performance levels for the sector.
 ``

    (2) Administrative determination of additional eligible 
 industrial sectors.--
 ``
        (A) Updated trade intensity data.--The Secretary 
 shall designate as liable for the border tax adjustment 
 rate on imported products under this part an industrial 
 sector that--
 ``
            (i) met the greenhouse gas intensity 
 criteria in paragraph

    (1)
        (A)
            (ii) as of the date 
 of promulgation of the rule under paragraph

    (1) , and
 ``
            (ii) meets the trade intensity criteria 
 established under paragraph

    (1)
        (A)
            (iii) , using 
 data sources described in paragraph

    (1)
            (C) from 
 any year after the passage of this Act.
 ``
        (B) Individual showing petition.--
 ``
            (i) Petition.--In addition to designation 
 under subparagraph
        (A) , the owner or operator 
 of an entity or a group of entities that 
 collectively produce not less than 80 percent 
 of the average annual value of shipments from 
 within the sector of the group consistent with 
 subclause
            (I) , that manufacture similar 
 products in an industrial sector may petition 
 the Secretary to designate as eligible 
 industrial sectors under this part an entity or 
 a group of entities that--
 ``
            (I) represent a sector using a 
 standard product classification, and
 ``
            (II) meet the respective import 
 and/or export eligibility criteria in 
 paragraph

    (1)
        (A)
            (i) .
 ``
            (ii) Data.--In making a determination 
 under this subparagraph, the Secretary shall 
 consider--
 ``
            (I) data submitted by the 
 petitioner,
 ``
            (II) data solicited by the 
 Secretary from other entities in the 
 sector, and
 ``
            (III) data specified in paragraph

    (1)
            (C) .
 ``
            (iii) Basis of subsector determination.--
 ``
            (I) In general.--Except as 
 provided in subclause
            (II) , the 
 Secretary shall determine an entity or 
 group of entities to be a subsector of 
 a 6-digit section of the NAICS code 
 based only on the products manufactured 
 and not the industrial process by which 
 the products are manufactured.
 ``
            (II) Type of material.--The 
 Secretary may determine an entity or 
 group of entities that manufacture a 
 product from primarily virgin material 
 to be a separate subsector from another 
 entity or group of entities that 
 manufacture the same product primarily 
 from recycled material.
 ``
            (iv) Use of most recent data.--In 
 determining whether to designate a sector or 
 subsector as an eligible industrial sector 
 under this subparagraph, the Secretary shall 
 use the most recent data available from the 
 sources described in paragraph

    (1)
            (C) , rather 
 than the data from the years specified in 
 paragraph

    (1)
            (C) , to determine the trade 
 intensity of the sector or subsector, but only 
 for determining the trade intensity.
 ``
            (v) Final action.--The Secretary shall 
 take final action on a petition described in 
 this subparagraph not later than 180 days after 
 the date the completed petition is received by 
 the Secretary.
 ``

    (3) Cessation of qualifying activities.--If, as 
 determined by the Secretary, an industrial sector or a covered 
 good within the sector is no longer liable to be designated 
 under this section, the Commissioner shall cease to apply the 
 border tax adjustment on the relevant covered goods with effect 
 from January 1 of the following year.

``

SEC. 9914. BORDER TAX ADJUSTMENT RATE.

 ``

    (a) Establishment.--The Secretary, with the concurrence of the 
Commissioner, shall, no later than the date that is one year after the 
date of the enactment of this section, promulgate regulations--
 ``

    (1) establishing the products which are liable for, and 
 requiring payment of, the border tax adjustment rate,
 ``

    (2) establishing a general methodology for calculating 
 the level of the border tax adjustment rate that a domestic 
 importer of any covered good must submit and the rebate that an 
 exporter will receive,
 ``

    (3) establishing an administrative process whereby any 
 determination by the Secretary under this subsection may be 
 appealed,
 ``

    (4) exempting from this section products that originate 
 from--
 ``
        (A) any country that the United Nations has 
 identified as among the least developed of developing 
 countries, or
 ``
        (B) any country that the President has determined 
 to be responsible for less than 0.5 percent of total 
 global greenhouse gas emissions and less than 5 percent 
 of global production in the eligible industrial sector,
 ``

    (5) specifying the procedures that the Commissioner will 
 apply for the declaration and entry of covered goods with 
 respect to the eligible industrial sector into the customs 
 territory of the United States, and
 ``

    (6) establishing procedures that prevent circumvention of 
 the carbon tax liability for covered goods that are 
 manufactured or processed in more than one foreign country.
 ``

    (b) Presidential Discretion.--The President may elect not to levy 
the border tax adjustment for an eligible industrial sector or for 
specific products within that sector if the President determines and 
certifies to Congress that the program would not be in the national 
interest, economic interest, or environmental interest of the United 
States.''.

    (b) Effective Date.--The amendments made by this section shall 
apply to emissions after the later of December 31, 2025, and the date 
that is one year after the date regulations are promulgated under 

section 9914 of the Internal Revenue Code of 1986.

 TITLE II--DISTRIBUTION OF REVENUES FROM TAXATION OF GREENHOUSE GAS 
 EMISSIONS

Subtitle A--Rebuilding Infrastructure and Solutions for the Environment 
 Trust Fund

SEC. 201. ESTABLISHMENT OF THE RISE TRUST FUND.

 There is hereby created in the Treasury of the United States a 
trust fund to be known as the ``Rebuilding Infrastructure and Solutions 
for the Environment Trust Fund'' (hereafter in this Act referred to as 
the ``RISE Trust Fund''), consisting of amounts paid into the Treasury 
pursuant to subtitle L of the Internal Revenue Code of 1986 (as added 
by title I of this Act), and 75 percent of such amounts are hereby 
appropriated and transferred to the RISE Trust Fund.

SEC. 202. APPROPRIATIONS FROM THE RISE TRUST FUND.

    (a) In General.--Amounts in the RISE Trust Fund for a fiscal year 
shall be available, as provided by appropriation Acts, as follows:

    (1) 70 percent for each of the fiscal years 2027 through 
 2036 to the Highway Trust Fund.

    (2) 1.5 percent for each of the fiscal years 2027 through 
 2036 for the weatherization program developed under part A of 
 title IV of the Energy Conservation and Production Act (42 
 U.S.C. 6861 et seq.).

    (3) 3 percent for each of the fiscal years 2027 through 
 2036 for assistance for displaced energy workers under 

section 321.

    (4) 2.5 percent for each of the fiscal years 2027 through 
 2036 to the Airport and Airway Trust Fund under 

section 9502 of 
 the Internal Revenue Code of 1986.

    (5) 0.1 percent for each of the fiscal years 2027 through 
 2036 to the Leaking Underground Storage Trust Fund under 
 

section 9508 of the Internal Revenue Code of 1986.

    (6) 1.5 percent for each of the fiscal years 2027 through 
 2036 to the Abandoned Mine Reclamation Fund under 

section 401 
 of the Surface Mining Control and Reclamation Act of 1977 (30 
 U.S.C. 1231).

    (7) 4 percent for each of the fiscal years 2027 through 
 2036 for frequent and chronic coastal flooding mitigation and 
 adaptation infrastructure projects under 

section 302.

    (8) 1.5 percent for each of the fiscal years 2027 through 
 2036 for Advanced Research Projects Agency-Energy under 

section 5012 of the America COMPETES Act (42 U.S.C. 16538).

    (9) 0.7 percent for each of the fiscal years 2027 through 
 2036 for the Carbon Capture Research and Development Program of 
 the National Energy Technology Laboratory, Office of Fossil 
 Energy, Department of Energy.

    (10) 0.5 percent for each of the fiscal years 2027 through 
 2036 for assistance for Carbon Storage DOE Fossil Energy 
 Research, Development, and Demonstration Program Areas, Coal 
 Program Area (Carbon Storage).

    (11) 0.5 percent for each of the fiscal years 2027 through 
 2036 for assistance to the National Energy Technology 
 Laboratory of the Office of Fossil Energy for the research and 
 development of carbon removal technologies.

    (12) 0.3 percent for each of the fiscal years 2027 through 
 2036 to the Secretary of Energy for research and development to 
 identify and assess novel uses for carbon oxides, including the 
 conversion of carbon dioxide for commercial and industrial 
 products, such as chemicals, plastics, building materials, 
 fuels, cement, products of coal use in power systems or other 
 applications, or other products with demonstrated market value.

    (13) 0.2 percent for each of the fiscal years 2027 through 
 2036 to the Secretary of Energy to provide grants to entities 
 constructing common carrier pipeline infrastructure to 
 transport anthropogenic carbon dioxide for the incremental cost 
 of providing extra capacity for future carbon dioxide transport 
 needs.

    (14) 0.5 percent for each of the fiscal years 2027 through 
 2036 for research and development relating to energy storage by 
 battery through the Office of Electricity, Department of 
 Energy.

    (15) 10 percent for each of the fiscal years 2027 through 
 2036 for State grants under 

section 203.

    (16) 1 percent for each of the fiscal years 2027 through 
 2036 to the Reforestation Trust Fund (16 U.S.C. 1606a).

    (17) 0.1 percent for each of the fiscal years 2027 through 
 2036 for assistance through cooperative agreements to decrease 
 the environmental impact of energy-related activities pursuant 
 to 

section 931 of the Energy Policy Act of 2005 (42 U.S.C. 
 16231).

    (18) 1.6 percent for each of the fiscal years 2027 through 
 2036 for the environmental quality incentives program under 
 chapter 4 of subtitle D of title XII of the Food Security Act 
 of 1985 (16 U.S.C. 3839aa et seq.) for payments to producers to 
 implement practices that promote improvements identified in 
 subparagraphs
        (A) and
            (C) of 

section 1240B
            (d) (3) of such Act 
 (16 U.S.C. 3839aa-2).

    (19) 0.5 percent for each of fiscal years 2027 through 2036 
 for the regional conservation partnership program under 

section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871) for 
 eligible activities on eligible land through partnership 
 agreements with eligible partners and contracts with producers 
 that address one of the following goals:
        (A) Soil health.
        (B) Nutrient management.
            (C) Forest restoration.
            (D) Reduction of methane emissions.
        (E) Other related activities that the Secretary 
 determines will help achieve conservation benefits and 
 increase carbon sequestration or reduce greenhouse gas 
 emissions.

    (b) Carbon Removal.--For purposes of subsection

    (a)

    (11) , the term 
``carbon removal technologies'' includes:

    (1) Direct air capture and storage technologies, which 
 shall not include any equipment which captures carbon dioxide 
 which is deliberately released from naturally occurring 
 subsurface springs or using natural photosynthesis.

    (2) Bioenergy with carbon capture and sequestration.

    (3) Enhanced geological weathering.

    (4) Agricultural and grazing practices.

    (5) Forest management and afforestation.

    (6) Planned or managed carbon sinks, including natural and 
 artificial.
            (c) Wage Rate Requirements.--Notwithstanding any other provision of 
law and in a manner consistent with other provisions in this Act, all 
laborers and mechanics employed by contractors and subcontractors on 
projects funded directly by or assisted in whole or in part by and 
through the Federal Government pursuant to this Act shall be paid wages 
at rates not less than those prevailing on projects of a character 
similar in the locality as determined by the Secretary of Labor in 
accordance with subchapter IV of chapter 31 of title 40, United States 
Code. With respect to the labor standards specified in this section, 
the Secretary of Labor shall have the authority and functions set forth 
in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
App.) and 

section 3145 of title 40, United States Code.
            (d) Conforming Amendments.--

    (1) Leaking underground storage tank trust fund.--

Section 9508

    (b) of the Internal Revenue Code of 1986 is amended--
        (A) by striking ``and'' at the end of paragraph

    (3) ,
        (B) by striking the period at the end of paragraph

    (4) and inserting ``, and'', and
            (C) by inserting after paragraph

    (4) the following:
 ``

    (5) amounts made available to the Leaking Underground 
 Storage Tank Trust Fund from the RISE Trust Fund under 

section 202

    (a)

    (5) of the Modernizing America with Rebuilding to 
 Kickstart the Economy of the Twenty-first Century with a 
 Historic Infrastructure-Centered Expansion Act.''.

    (2) Reforestation trust fund.--
        (A) Source of funds.--

Section 303

    (a) of the Act of 
 October 14, 1980 (16 U.S.C. 1606a

    (a) ) is amended by 
 striking ``subsection

    (b)

    (1) '' and inserting 
 ``paragraph

    (1) or

    (4) of subsection

    (b) ''.
        (B) Special rule relating to limitation.--

Section 303

    (b) of the Act of October 14, 1980 (16 U.S.C. 
 1606a

    (b) ) is amended by adding at the end the 
 following:
 ``

    (4) Not later than 9 months after the enactment of the 
 Modernizing America with Rebuilding to Kickstart the Economy of 
 the Twenty-first Century with a Historic Infrastructure-
 Centered Expansion Act, the Secretary shall transfer to the 
 Trust Fund the amounts made available under 

section 202

    (a)

    (13) of such Act.''.

SEC. 203. STATE GRANTS.

    (a) In General.--From amounts made available under 

section 202

    (a)

    (15) , the Secretary of the Treasury shall make a annual grant to 
each State (hereafter in this section referred to as ``State grant'') 
to distribute to eligible low-income households in accordance with this 
section.

    (b) Eligible Low-Income Household.--A household shall be considered 
to be an eligible low-income household for purposes of this section 
if--

    (1) except as provided in subsection
            (d) (4) , the gross 
 income of the household does not exceed 150 percent of the 
 poverty line;

    (2) the appropriate State agency for the State in which the 
 household is located determines that the household is 
 participating in--
        (A) the Supplemental Nutrition Assistance Program 
 authorized by the Food and Nutrition Act of 2008 (7 
 U.S.C. 2011 et seq.);
        (B) the Food Distribution Program on Indian 
 Reservations authorized by 

section 4

    (b) of such Act (7 
 U.S.C. 2013

    (b) ); or
            (C) the program for nutrition assistance in Puerto 
 Rico or American Samoa under 

section 19 of such Act (7 
 U.S.C. 2028);

    (3) the household consists of a single individual or a 
 married couple, and--
        (A) receives the subsidy described in 

section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-
 114); or
        (B)
            (i) participates in the program under title 
 XVIII of the Social Security Act; and
            (ii) meets the income requirements described in 
 

section 1860D-14

    (a)

    (1) or

    (a)

    (2) of the Social Security 
 Act (42 U.S.C. 1395w-114

    (a)

    (1) or

    (a)

    (2) ); or

    (4) the household consists of a single individual or a 
 married couple, and receives benefits under the supplemental 
 security income program under title XVI of the Social Security 
 Act (42 U.S.C. 1381-1383f).
            (c) Amount.--The Secretary of the Treasury, in consultation with 
the Secretary of Energy and the Administrator of the Environmental 
Protection Agency, shall determine the amount of each State grant in 
proportion to the percentage of total United States greenhouse gas 
emissions attributable to electricity, natural gas, gasoline, diesel, 
and fuel ethanol sold in such State during the preceding calendar year.
            (d) Rule Relating to Process.--Not later than 1 year after the 
enactment of this Act, the Secretary of the Treasury shall establish by 
rule a date in each year by which each State shall notify the Secretary 
how the State intends to distribute the State Grant. The Secretary 
shall transfer the State Grant to each State only upon the State 
demonstrating to the Secretary's satisfaction that the State intends to 
distribute the State Grant in accordance with this section.

    (e) State.--For the purposes of this section, the term ``State'' 
includes the District of Columbia and any territory of possession of 
the United States.

 Subtitle B--Certain Manufacturers Excise Taxes

SEC. 211. REPEAL OF FEDERAL MOTOR VEHICLE AND AVIATION FUEL TAXES.

    (a) In General.--Subpart A of part III of subchapter A of chapter 
32 of the Internal Revenue Code of 1986 is hereby repealed.

    (b) Effective Date.--The repeal made by subsection

    (a) shall apply 
to transactions after December 31, 2025.

SEC. 212. MODIFICATIONS OF QUALIFYING ADVANCED COAL PROJECT CREDIT.

    (a) Sequestration Requirement for Certain Equipment.--

Section 48A

    (e)

    (1)
        (G) of the Internal Revenue Code of 1986 is amended by 
inserting ``and 60 percent in the case of an application for a 
reallocation of credits under subsection
            (d) (4) with respect to an 
electrical generating unit in existence on October 3, 2008'' after 
``under subsection
            (d) (4) ''.

    (b) Nameplate Generating Capacity Requirement.--

Section 48A

    (e)

    (1)
            (C) of such Code is amended by striking ``400 megawatts'' and 
inserting ``200 megawatts''.
            (c) Advanced Coal-Based Generation Technology Requirements.--

    (1) In general.--

Section 48A

    (f)

    (1) of such Code is amended 
 by striking ``generation technology if--'' and all that follows 
 through ``the unit is designed'' and inserting ``generation 
 technology if the unit is designed''.

    (2) Conforming amendments.--

Section 48A

    (f) is amended--
        (A) by striking all that precedes ``the purpose of 
 this section'' and inserting the following:
 ``

    (f) Advanced Coal-Based Generation Technology.--For'';
        (B) by striking ``in subparagraph
        (B) '' in the 
 second sentence and inserting ``in this subsection''; 
 and
            (C) by striking paragraphs

    (2) and

    (3) .
            (d) Performance Requirements in Case of Best Available Control 
Technology.--

Section 48A

    (f) of such Code, as amended by this Act, is 
amended by adding at the end the following: ``In the case of a retrofit 
of a unit which has undergone a best available control technology 
analysis after August 8, 2005, with respect to the removal or emissions 
of any pollutant which is SO2 or NOx, the removal or emissions design 
level with respect to such pollutant shall be the level determined in 
such analysis.''.

    (e) Clarification of Reallocation Authority.--

Section 48A
            (d) (4) of 
the Internal Revenue Code of 1986 is amended--

    (1) in subparagraph
        (A) --
        (A) by striking ``Not later than 6 years after the 
 date of enactment of this section, the'' and inserting 
 ``The''; and
        (B) by inserting ``and every 6 months thereafter 
 until all credits available under this section have 
 been allowed'' after ``the date which is 6 years after 
 the date of enactment of this section'';

    (2) in subparagraph
        (B) --
        (A) by striking ``may reallocate credits available 
 under clauses
            (i) and
            (ii) of paragraph

    (3)
        (B) '' and 
 inserting ``shall reallocate credits remaining 
 available under paragraph

    (3) '';
        (B) by striking ``or'' at the end of clause
            (i) ; 
 and
            (C) by striking clause
            (ii) and inserting the 
 following:
 ``
            (ii) any applicant for certification 
 which submitted an accepted application has 
 subsequently failed to satisfy the requirements 
 under paragraph

    (2)
            (D) , or
 ``
            (iii) any certification made pursuant to 
 paragraph

    (2) has been revoked pursuant to 
 paragraph

    (2)
        (E) .''; and

    (3) in subparagraph
            (C) --
        (A) by striking ``clause
            (i) or
            (ii) of paragraph

    (3)
        (B) '' and inserting ``paragraph

    (3) '';
        (B) by striking ``is authorized to'' and inserting 
 ``shall''; and
            (C) by striking ``an additional program'' and 
 inserting ``additional programs''.

    (f) Effective Date.--

    (1) In general.--Except as provided in paragraph

    (2) , the 
 amendments made by this section shall apply to allocations and 
 reallocations after the date of the enactment of this Act.

    (2) Reallocation.--The amendments made by subsection

    (e) shall apply to credits remaining available under 

section 48A
            (d) (3) of the Internal Revenue Code of 1986 on the date of 
 the enactment of this Act.

 TITLE III--AMENDMENTS TO OTHER LAWS

 Subtitle A--Amendments to Federal Environmental Statutes

SEC. 301. 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 following:

``

SEC. 330. MORATORIUM AGAINST CERTAIN REGULATIONS BASED ON GREENHOUSE 
 GAS EFFECTS.

 ``

    (a) Fuels.--Unless specifically authorized in 

section 202, 211, 
213, 231, or this section, after a fossil fuel has passed through a 
point of taxation as provided in 

section 9901
            (d) of the Internal 
Revenue Code of 1986, subject to subsection

    (g) , the Administrator 
shall not issue or enforce any rule limiting the emission 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, 231, or this section, if emission of any greenhouse gas is 
subject to taxation pursuant to 

section 9902 or 9903 of the Internal 
Revenue Code of 1986, the Administrator shall not issue or enforce any 
rule limiting such emission under this Act (or impose any requirement 
on any State to limit such emission) on the basis of the emission's 
greenhouse gas effects.
 ``
            (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 welfare other than its 
 greenhouse gas effects;
 ``

    (2) in limiting emissions as described in paragraph

    (1) , 
 to consider the collateral benefits of limiting the emissions 
 because of greenhouse gas effects;
 ``

    (3) to limit the emission of 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, including--
 ``
        (A) monitoring, reporting, and record-keeping 
 requirements;
 ``
        (B) conducting or supporting investigations; and
 ``
            (C) information collection.
 ``
            (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) facilities that--
 ``
        (A) are subject to subpart OOOO or OOOOa of part 
 60 of title 40, Code of Federal Regulations, as in 
 effect on January 1, 2018, or
 ``
        (B) would be subject to either subpart OOOO or 
 OOOOa if those subparts applied to facilities without 
 regard to the date on which construction, modification, 
 or reconstruction commenced, and
 ``

    (2) POTW Treatment Plants (as defined in 

section 403.3

    (r) of title 40, Code of Federal Regulations (as in effect on the 
 date of enactment of this section)).
 ``

    (e) 

=== Definitions. ===
-In this section, the terms `greenhouse gas' and 
`greenhouse gas effects' have the meanings given to those terms in 

section 9907 of the Internal Revenue Code of 1986.
 ``

    (f) Moratorium Expiration.--Subsections

    (a) and

    (b) shall cease 
to apply beginning on January 1, 2039.
 ``

    (g) Exceptions.--
 ``

    (1) 2030.--Notwithstanding subsections

    (a) and

    (b) of 
 this section and 

section 211
            (c) (5) of this Act, if the 
 Administrator determines by March 30, 2031, pursuant to the 
 report required by 

section 9901

    (b)

    (3)
        (A) of the Internal 
 Revenue Code of 1986, that total greenhouse gas emissions from 
 sources subject to taxation under sections 9901 through 9903 of 
 such Code during the period of calendar years 2027 through 2030 
 exceed the emission level specified in 

section 9901

    (b)

    (3)
        (A) of 
 such Code for calendar year 2030, then beginning on October 1, 
 2031, subsections

    (a) and

    (b) shall cease to apply.
 ``

    (2) 2034.--Notwithstanding subsections

    (a) and

    (b) of 
 this section and 

section 211
            (c) (5) of this Act, if the 
 Administrator determines by March 30, 2035, pursuant to the 
 report required by 

section 9901

    (b)

    (3)
        (A) of the Internal 
 Revenue Code of 1986, that total greenhouse gas emissions from 
 sources subject to taxation under sections 9901 through 9903 of 
 such Code during the period of calendar years 2027 through 2034 
 exceed the emission level specified in 

section 9901

    (b)

    (3)
        (A) of 
 such Code for calendar year 2034, then beginning on October 1, 
 2035, subsections

    (a) and

    (b) shall cease to apply.''.

    (b) New Motor Vehicles and New Motor Vehicle 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 

section 330

    (a) , the Administrator 
 may--
 ``
        (A) limit the emission of any greenhouse gas (as 
 defined in 

section 9907 of the Internal Revenue Code of 
 1986) on the basis of the emission's greenhouse gas 
 effects (as defined in 

section 9907 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
 ``
        (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 following new paragraph:
 ``

    (5) Except as required in subsection

    (o) , the 
 Administrator shall not, pursuant to this subsection, impose on 
 any manufacturer, processor, or distributor of fuel any 
 requirement for the purpose of reducing the emission of any 
 greenhouse gas (as defined in 

section 9907 of the Internal 
 Revenue Code of 1986) produced by combustion of the fuel on the 
 basis of the emission's greenhouse gas effects (as defined in 
 

section 9907 of the Internal 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 following:
 ``

    (e) Greenhouse Gas Emissions.--Notwithstanding subsections

    (a) and

    (b) of 

section 330, the Administrator may limit the emission of any 
greenhouse gas (as defined in 

section 9907 of the Internal Revenue Code 
of 1986) on the basis of the emission's greenhouse gas effects (as 
defined in 

section 9907 of the Internal Revenue Code of 1986) from any 
nonroad engines and nonroad vehicles subject to regulation under this 
section.''.

    (e) Aircraft Emission Standards.--

Section 231 of the Clean Air Act 
(42 U.S.C. 757) is amended by adding at the end the following new 
subsection:
 ``
            (d) Notwithstanding subsections

    (a) and

    (b) of 

section 330, the 
Administrator may limit the emission of any greenhouse gas (as defined 
in 

section 9907 of the Internal Revenue Code of 1986) on the basis of 
the emission's greenhouse gas effects (as defined in 

section 9907 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 International Civil Aviation 
Organization.''.

SEC. 302. FREQUENT AND CHRONIC FLOODING MITIGATION AND ADAPTATION 
 INFRASTRUCTURE PROJECTS.

    (a) In General.--The Secretary of Commerce and the Secretary of the 
Army (hereinafter referred to as ``the Secretaries''), in consultation 
with the Secretary of Homeland Security, may make grants to State and 
local governments and federally recognized Indian Tribes for frequent 
and chronic flooding mitigation and adaptation infrastructure projects.

    (b) Authorized Uses.--Amounts provided as a grant under this 
section may be used for any of the following:

    (1) Adaptation of existing infrastructure to mitigate 
 impacts of climate change, including enhancements to both built 
 and natural environments.

    (2) Maintenance and updating of existing flood risk 
 reduction infrastructure, such as gravity drainage structures, 
 road elevation, bulkheads, gates, and floodwalls.

    (3) Increasing resilience to frequent and chronic flooding, 
 including (as combined or separate projects)--
        (A) the creation of bulkheads, levees, and other 
 hard infrastructure alone or in combination with 
 natural infrastructure described in subparagraph
        (B) ; 
 and
        (B) habitat restoration work, including dune 
 enhancement, vegetative restoration, beach 
 renourishment, coral and oyster reef restoration, 
 floodplain restoration, and other actions to restore 
 the function of the natural ecological function and 
 processes to provide flood risk reduction benefits.

    (4) Improvements to conveyance, diversion, removal, and 
 storage infrastructure to reduce risks caused by frequent and 
 chronic flooding.

    (5) Innovative methods to reduce risks caused by chronic 
 flooding along street infrastructure systems, including canal 
 streets, absorbent streets, floodable parks, bioswales, rain 
 gardens, permeable pavement, and underground cisterns.

    (6) Deployment of technologies designed to mitigate power 
 outages, continue delivery of vital electricity services, and 
 maintain the flow of power to facilities critical to public 
 health, safety and welfare, including distributed generation, 
 energy storage, and microgrids.
            (c) Limitation on Project Eligibility.--A project shall not be 
eligible for funding under this section if it will have any long-term 
negative impact on important ecological functions and habitat or 
existing natural protection features and functions.
            (d) Priority.--In making grants under this section the Secretaries 
shall give priority to the following:

    (1) Protecting areas designated as special flood hazard 
 areas for purposes of the national flood insurance program 
 under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
 et seq.) and the Flood Disaster Protection Act of 1973 (42 
 U.S.C. 4001 et seq.), hazard areas that incorporate at least 2 
 feet of additional freeboard, or 3 feet in the case of critical 
 infrastructure, above base flood elevation.

    (2) Protecting critical infrastructure, as that term is 
 defined in 

section 1016

    (e) of the USA PATRIOT Act of 2001 (42 
 U.S.C. 5195c

    (e) ).

    (3) Projects that yield flood risk reduction benefits and 
 additional environmental, social, and economic benefits.

    (e) Joint Application.--Two or more contiguous local governments or 
Tribes may jointly apply for, and receive, a grant under this section.

    (f) Cost Sharing.--

    (1) Limitation on federal share.--The Federal share of the 
 cost of any activity carried out with a grant under this 
 section shall not exceed 90 percent of the cost of such 
 activity.

    (2) Non-federal share.--The Secretary shall apply to the 
 non-Federal share of an activity carried out with a grant under 
 this section the amount of funds, and the fair market value of 
 property and services, provided by non-Federal sources and used 
 for the activity.

    (g) Reports.--Each recipient of a grant under this section shall 
report annually to the Secretaries on the progress made on the project 
carried out with the grant.

SEC. 303. NO PREEMPTION OF STATE LAW.

 Nothing in this act shall preempt or supersede, or be interpreted 
to preempt or supersede, any State law or regulation.

 Subtitle B--Assistance to Displaced Workers in the Energy Sector

SEC. 321. ASSISTANCE TO DISPLACED WORKERS IN THE ENERGY SECTOR.

    (a) In General.--For a period of 10 years after the enactment of 
the Modernizing America with Rebuilding to Kickstart the Economy of the 
Twenty-first Century with a Historic Infrastructure-Centered Expansion 
Act, from amounts made available under 

section 202 of this Act, the 
Secretary of Labor shall carry out a program to assist workers in the 
energy sector.

    (b) Workers in the Energy Sector.--For purposes of this section, 
the term ``workers in the energy sector'' means--

    (1) workers in fossil energy sectors that may be displaced 
 as a result of the enactment of this Act; and

    (2) workers in the nuclear power sector that work at a 
 nuclear power plant--
        (A) that ceased operation in the two years 
 preceding the date of enactment of this Act; or
        (B) the owner of which announced prior to the date 
 of enactment of this Act its intent to cease the 
 operation of the plant at a future date.
            (c) Eligible Activities.--Such assistance may take the form of the 
following:

    (1) Worker retraining.

    (2) Relocation expenses for those who move to find new 
 employment.

    (3) Early retirement.

    (4) Health benefits.

    (5) Block grants to affected communities for economic 
 redevelopment and infrastructure investments.

    (6) Transfers to the trustees of the 1974 United Mine 
 Workers of America Pension Plan to pay benefits required under 
 that plan. No such transfer shall be made in a first fiscal 
 year beginning after a plan year for which the funded 
 percentage (as defined in 

section 432

    (j)

    (2) of the Internal 
 Revenue Code of 1986) of the 1974 United Mine Workers of 
 America Pension Plan is at least 100 percent.

 TITLE IV--NATIONAL CLIMATE COMMISSION

SEC. 401. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a bipartisan commission to 
be known as the ``National Climate Commission'' (in this title referred 
to as the ``Commission'').

    (b) Membership.--

    (1) Composition.--The Commission shall be composed of 10 
 members, appointed as follows:
        (A) One cochair appointed by the President.
        (B) One cochair appointed by the majority or 
 minority leader of the Senate, whoever is of the 
 opposite party as the President, in consultation with 
 the Speaker or minority leader of the House of 
 Representatives, whoever is of the opposite party as 
 the President.
            (C) Two members appointed by the majority leader of 
 the Senate.
            (D) Two members appointed by the minority leader of 
 the Senate.
        (E) Two members appointed by the Speaker of the 
 House of Representatives.
        (F) Two members appointed by the minority leader of 
 the House of Representatives.

    (2) Qualifications.--
        (A) In general.--To be considered for membership on 
 the Commission, an individual shall demonstrate 
 expertise in the economy, energy, climate, or public 
 health, and be a representative from--
            (i) an academic, scientific, or other non-
 governmental organization; or
            (ii) an industry organization or small 
 business in a relevant sector such as--
            (I) energy supply and transmission, 
 including fossil fuels and renewable 
 energy;
            (II) energy exploration and 
 production, including fossil fuels and 
 renewable energy;
            (III) solid waste and wastewater;
            (IV) transportation;
            (V) chemical manufacturing;
            (VI) agriculture;
            (VII) construction; and
            (VIII) forestry.
        (B) Certain persons ineligible.--No employee, 
 owner, director, or other person affiliated with an 
 entity that has donated funding for the activities of 
 the Commission pursuant to 

section 404

    (a) may be 
 appointed to the Commission.
            (C) Appointment deadline.--Members of the 
 Commission shall be appointed not later than 180 days 
 after the date of the enactment of this Act.
            (D) Period of appointment.--Members of the 
 Commission shall be appointed for a term of 6 years, 
 which may be renewed.
        (E) Vacancy.--A vacancy in the Commission shall not 
 affect the powers of the Commission and shall be filled 
 in the same manner in which the original appointment 
 was made.

    (3) Compensation of employees.--Each member of the 
 Commission may be compensated at a rate not to exceed the daily 
 equivalent of the annual rate of basic pay in effect for a 
 position at level IV of the Executive Schedule under 

section 5315 of title 5, United States Code, for each day during which 
 that member is engaged in the performance of the duties of the 
 Commission.

    (4) Travel expenses.--Each member shall receive travel 
 expenses to perform the duties of the Commission, including per 
 diem in lieu of subsistence, at rates authorized under 
 subchapter I of chapter 57 of title 5, United States Code.
            (c) Meetings.--

    (1) Initial meeting.--The Commission shall hold its first 
 meeting not later than 2 years after the date of enactment of 
 this Act.

    (2) Meeting.--The Commission shall meet not less than once 
 every 3 years.

    (3) Quorum.--Six members of the Commission shall constitute 
 a quorum.

SEC. 402. DUTIES OF COMMISSION.

    (a) Goals.--The Commission shall set goals for emissions reduction 
to be achieved by 2031 and every five years thereafter through 2056, 
using such estimated rates of reduction as the Commission determines 
reflect the latest scientific findings of what is necessary to avoid 
the serious human health and environmental consequences of climate 
change.

    (b) Review.--The Commission shall assess the effect of existing 
policies and programs of the Federal Government with the aim of 
achieving the emissions reduction goals in subsection

    (a) .
            (c) Report.--Beginning in 2032, and every 5 years thereafter, the 
Commission shall issue a report to the President, Congress, and the 
States, which shall include--

    (1) an analysis of whether the policies and programs 
 assessed under subsection

    (b) are on pace to achieving the 
 emissions reduction goals set under subsection

    (a) ;

    (2) recommendations, if any, for reducing greenhouse gas 
 emissions; and

    (3) a minority report with dissenting views, if applicable.

SEC. 403. POWERS OF COMMISSION.

    (a) Obtaining Official Data.--

    (1) In general.--The Commission may secure directly from 
 any executive department, bureau, agency, board, commission, 
 office, independent establishment, or instrumentality of the 
 Government, unrestricted information, suggestions, estimates, 
 and statistics for the purpose of carrying out this title. Each 
 department, bureau, agency, board, commission, office, 
 independent establishment, or instrumentality shall, to the 
 extent authorized by provisions of law other than this section, 
 furnish such unrestricted information, suggestions, estimates, 
 and statistics directly to the Commission, upon request made by 
 a cochair or any member designated by a majority of the 
 Commission.

    (2) Receipt, handling, storage, and dissemination.--
 Unrestricted information provided to the Commission under 
 paragraph

    (1) shall be received, handled, stored, and 
 disseminated only by members and staff of the Commission, 
 consistent with any applicable statutes, regulations, or 
 Executive orders.

    (b) Assistance From Federal Agencies.--

    (1) General services administration.--The Administrator of 
 General Services shall provide to the Commission, on a 
 reimbursable basis, administrative support and other services 
 for the performance of the functions of the Commission.

    (2) Other departments and agencies.--In addition to the 
 assistance prescribed in paragraph

    (1) , departments and 
 agencies of the United States may provide to the Commission 
 such services, funds, facilities, staff, and other support 
 services as they may determine advisable and as may be 
 authorized by law.
            (c) Postal Services.--The Commission may use the United States mail 
in the same manner and under the same conditions as other departments 
and agencies of the United States.

SEC. 404. FUNDING FOR THE ACTIVITIES OF THE COMMISSION.

    (a) Private Sector Donations.--The Secretary of Commerce may 
collect private sector donations for the purpose of carrying out this 
title, to be deposited in the Treasury and made available consistent 
with the authorization of appropriations in subsection
            (c) .

    (b) Transparency.--The amounts and sources of all funds donated 
under subsection

    (a) and all spending by the Commission shall be made 
publicly available on the website of the Commission.
            (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commission, for the purpose of carrying out the 
activities of this title, $5,000,000 for each of fiscal years 2027 
through 2039.

SEC. 405. STAFF OF THE COMMISSION.

    (a) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement from 
the Commission, and such detail shall be without interruption or loss 
of civil service status or privilege.

    (b) Expert and Consultant Services.--The Commission may procure the 
services of experts and consultants in accordance with 

section 3109 of 
title 5, United States Code, at rates not to exceed the daily 
equivalent of the annual rate of basic pay in effect for a position at 
level IV of the Executive Schedule under 

section 5315 of title 5, 
United States Code.
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