[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1325 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1325

 To amend the Internal Revenue Code of 1986 to impose a fee on certain 
    products imported into the United States based on the pollution 
  intensity associated with the production of such products, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2025

Mr. Cassidy (for himself and Mr. Graham) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to impose a fee on certain 
    products imported into the United States based on the pollution 
  intensity associated with the production of such products, 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.

    This Act may be cited as the ``Foreign Pollution Fee Act of 2025''.

SEC. 2. SENSE OF CONGRESS; PURPOSE.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States has led the world in carbon emissions 
        reductions over the past 15 years, cutting more emissions than 
        any other nation;
            (2) the United States economy is 55 percent more carbon-
        efficient than the global average;
            (3) on average, goods produced in China generate more than 
        3 times the carbon emissions of equivalent American-made goods, 
        while Russian-made goods produce 5 times the emissions, which 
        gives foreign polluters an unfair cost advantage over American 
        manufacturers;
            (4) Federal environmental regulations impose an estimated 
        $400,000,000,000 in annual costs on the economy of the United 
        States, placing a disproportionate burden on American 
        businesses and workers;
            (5) manufacturers in the United States face staggering 
        environmental regulatory compliance costs, averaging $17,200 
        per employee, which are costs that foreign competitors, 
        particularly in China, do not bear;
            (6) American businesses spend a higher percentage of their 
        revenue on environmental compliance than many of their global 
        competitors, making it harder to compete internationally;
            (7) as a result of these costs, companies in the United 
        States have lost market share to foreign producers operating 
        under weak, underenforced, or nonexistent environmental 
        standards;
            (8) China is by far the world's worst air and water 
        polluter, responsible for 30 percent of global carbon 
        emissions;
            (9) the Chinese Communist Party effectively subsidizes its 
        exports by refusing to enforce basic environmental protections, 
        undercutting responsible manufacturers in the United States;
            (10) China's state-controlled industries operate as an 
        extension of the Communist Party, using predatory trade 
        practices, including environmental exploitation, to eliminate 
        American competition and expand Beijing's control over global 
        markets;
            (11) United States trade policy has given foreign polluters 
        a competitive edge at the expense of American workers for 
        decades, rewarding bad actors while punishing responsible 
        manufacturers in the United States;
            (12) China has been the primary beneficiary of these 
        policies, with the United States losing approximately 5,000,000 
        jobs in the last 2 decades, with half of that loss directly 
        attributable to the growing trade deficit with China; and
            (13) recognizing and rewarding manufacturers in the United 
        States for their environmental leadership would strengthen 
        domestic industry, create high-paying jobs, and reduce 
        America's dependence on high-emitting producers like China and 
        Russia.
    (b) Purpose.--The purpose of this Act is to level the playing field 
for American workers and manufacturers by ensuring that China and other 
foreign adversaries cannot exploit weak environmental standards, lack 
of enforcement, and noncompliance to gain an unfair advantage in global 
trade.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act, or any amendments made by this Act, shall be 
construed to authorize the creation of any carbon tax, fee, pricing, or 
other mechanism that imposes additional costs to any covered product 
(as defined in section 4695(a) of the Internal Revenue Code of 1986, as 
added by this Act) which is produced domestically and sold, used, 
further refined, or distributed within United States or exported to 
another country for sale or use.

                     TITLE I--FOREIGN POLLUTION FEE

SEC. 101. FOREIGN POLLUTION FEE.

    (a) In General.--Chapter 38 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subchapter:

                 ``Subchapter E--Foreign Pollution Fee

``Sec. 4691. Definitions.
``Sec. 4692. Imposition of foreign pollution fee.
``Sec. 4693. Determination of variable charge.
``Sec. 4694. Calculation of pollution intensity.
``Sec. 4695. Treatment of international partnerships.
``Sec. 4696. Covered products.
``Sec. 4697. Advisory Committee on Global Pollution Challenges.
``Sec. 4698. Establishment process and reassessments.

``SEC. 4691. DEFINITIONS.

    ``For purposes of this subchapter--
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Advisory committee.--The term `Advisory Committee' 
        means the Advisory Committee on Global Pollution Challenges, as 
        established under section 4697.
            ``(3) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Finance of the Senate and the Committee on Ways and Means of 
        the House of Representatives.
            ``(4) Baseline pollution intensity.--The term `baseline 
        pollution intensity' means the pollution intensity associated 
        with production of a covered product in the United States.
            ``(5) Carbon dioxide equivalent.--The term `carbon dioxide 
        equivalent' means, with respect to a greenhouse gas, the 
        quantity of such gas that has a global warming potential 
        equivalent, determined over a 100-year period, to 1 metric ton 
        of carbon dioxide, as determined pursuant to table A-1 of 
        subpart A of part 98 of title 40, Code of Federal Regulations, 
        as in effect on January 1, 2025.
            ``(6) Carbon removal.--The term `carbon removal' means--
                    ``(A) the capture of carbon oxides directly from 
                ambient air (or, in dissolved form, from seawater), and
                    ``(B) the sequestration of such carbon oxides which 
                results in the net removal of atmospheric carbon oxides 
                on a lifecycle basis.
            ``(7) Country of origin.--The term `country of origin' 
        means, with respect to a covered product--
                    ``(A)(i) in the case of steel, the country in which 
                the steel was melted and poured,
                    ``(ii) in the case of aluminum, the country in 
                which the aluminum was smelted and cast, or
                    ``(iii) in the case of any other covered product, 
                the country in which a covered product was produced, or
                    ``(B) the last country in which a covered product 
                was substantially transformed, as determined in a 
                manner consistent with U.S. Customs and Border 
                Protection procedures, directly prior to importation 
                into the United States.
            ``(8) Covered entity.--The term `covered entity' means the 
        importer of record of a covered product at the time of the 
        importation of such product.
            ``(9) Direct emissions.--The term `direct emissions' means 
        pollution from the facility where a product is produced, 
        including pollution from the combustion of fuels and process 
        emissions from chemical or physical transformations resulting 
        from the production process.
            ``(10) Foreign entity of concern.--The term `foreign entity 
        of concern' has the same meaning given such term in section 
        40207(a)(5) of the Infrastructure Investment and Jobs Act (42 
        U.S.C. 18741(a)(5)).
            ``(11) HTS.--The term `HTS' means the Harmonized Tariff 
        Schedule of the United States.
            ``(12) Indirect emissions.--The term `indirect emissions' 
        means pollution from the production of electricity, heating, 
        and cooling which are--
                    ``(A) produced outside the facility where a product 
                is produced, and
                    ``(B) consumed during the production process.
            ``(13) Input material or precursor.--The term `input 
        material or precursor' means any material or product (other 
        than fuel) which is--
                    ``(A) incorporated into a covered product, or
                    ``(B) consumed during the production process of a 
                covered product.
            ``(14) International partnership agreement.--The term 
        `international partnership agreement' means an international 
        partnership agreement established pursuant to title II of the 
        Foreign Pollution Fee Act of 2025.
            ``(15) Nonmarket economy country.--The term `nonmarket 
        economy country' means any foreign country that the Secretary 
        of Commerce determines, pursuant to section 771(18) of the 
        Tariff Act of 1930 (19 U.S.C. 1677(18)), does not operate on 
        market principles of cost or pricing structures, so that sales 
        of merchandise in that country do not reflect the fair value of 
        merchandise.
            ``(16) Pollution.--The term `pollution' refers to emissions 
        of--
                    ``(A) carbon dioxide,
                    ``(B) hydrofluorocarbons,
                    ``(C) methane,
                    ``(D) nitrous oxide,
                    ``(E) perfluorocarbons,
                    ``(F) sulfur hexafluoride, and
                    ``(G) any other anthropogenically-emitted gas which 
                has been identified by the Secretary (in accordance 
                with the notice and comment procedures under section 
                553 of title 5, United States Code) for purposes of 
                this subchapter.
            ``(17) Pollution intensity.--The term `pollution intensity' 
        means the amount of pollution, expressed in metric tons of 
        carbon dioxide equivalent, which is emitted into the atmosphere 
        in the production of a metric ton of a covered product, as 
        determined pursuant to the requirements described in section 
        4694(c)).
            ``(18) Pollution intensity difference.--The term `pollution 
        intensity difference' means, with respect to any covered 
        product, the difference (expressed as a percentage) between--
                    ``(A) the pollution intensity associated with 
                production of such product in the country of origin, 
                and
                    ``(B) the baseline pollution intensity with respect 
                to such product.
            ``(19) Precursor emissions.--The term `precursor emissions' 
        means pollution (including any direct or indirect emissions) 
        emitted into the atmosphere in the production of an input 
        material or precursor.
            ``(20) Producer.--The term `producer' means the entity 
        responsible for the manufacturing of a product.
            ``(21) Product.--The term `product' means any article, 
        regardless of whether such article is--
                    ``(A) exported from the country of origin, or
                    ``(B) produced and sold only within the country of 
                origin.
            ``(22) Recycled material.--The term `recycled material' 
        means a material that is used in place of, or to reduce the use 
        of, a primary, raw, or virgin material in the manufacturing of 
        a product.
            ``(23) Relevant federal agency.--The term `relevant Federal 
        agency' means--
                    ``(A) the Department of Energy,
                    ``(B) the Office of the United States Trade 
                Representative,
                    ``(C) the Department of Commerce,
                    ``(D) the Department of State,
                    ``(E) the Environmental Protection Agency,
                    ``(F) the Council on Environmental Quality,
                    ``(G) the Office of Science and Technology Policy, 
                and
                    ``(H) the Department of Homeland Security.
            ``(24) Transportation emissions.--The term `transportation 
        emissions' means pollution from the transport of a covered 
        product, or an input material or precursor, across 
        international borders prior to entry into the United States.

``SEC. 4692. IMPOSITION OF FOREIGN POLLUTION FEE.

    ``(a) In General.--
            ``(1) Imposition of fee.--In the case of any covered 
        product which is imported by a covered entity into the United 
        States after the applicable date, there is hereby imposed an ad 
        valorem fee upon entry or importation of such covered product 
        in an amount equal to the product of--
                    ``(A) the customs value of such covered product 
                which is imported into the United States, and
                    ``(B) the variable charge (as determined under 
                section 4693).
            ``(2) Applicable date.--For purposes of paragraph (1), the 
        applicable date shall be the date which is 6 weeks after the 
        date of enactment of this subchapter.
    ``(b) Fee Due.--
            ``(1) In general.--The fee imposed under this section with 
        respect to any covered product shall be paid by the covered 
        entity which imported such product at the same time, and 
        through the same electronic portal, that any payment of custom 
        duties are made.
            ``(2) Security for fees.--The Secretary may issue such 
        regulations or other guidance to require, or may direct 
        officers of U.S. Customs and Border Protection to require, a 
        covered entity to file with the Secretary a bond or other 
        security in such amount and with such conditions as the 
        Secretary determines necessary to ensure payment of the fees 
        imposed under this section.

``SEC. 4693. DETERMINATION OF VARIABLE CHARGE.

    ``(a) In General.--
            ``(1) Initial application.--For purposes of the period 
        beginning on the day after the applicable date under section 
        4692(a)(2) and ending on the date on which the final rules 
        under section 4698(b) are issued, the variable charge with 
        respect to any covered product shall be determined under the 
        following table (as determined pursuant to the applicable 
        country of origin and applicable category under section 4696 
        with respect to such covered product):


----------------------------------------------------------------------------------------------------------------
                                     Paragraph                        Paragraph  Paragraph
                                       (4) or   Paragraph  Paragraph  (3), (6),    (7) or   Paragraph  Paragraph
        ``Country of Origin            (5) of     (1) of     (2) of   or (8) of    (9) of    (10) of    (11) of
                                      section    section    section    section    section    section    section
                                        4696       4696       4696       4696       4696       4696       4696
----------------------------------------------------------------------------------------------------------------
Canada.............................       26%        27%        17%        27%        33%        30%        31%
China..............................      200%       143%       200%       103%       121%       200%       200%
Mexico.............................       38%        27%        45%         0%         0%       100%        39%
South Korea........................       47%        49%        44%        58%         0%       100%        35%
Germany............................        9%        30%         0%         0%         0%        35%         0%
Taiwan.............................      100%       100%       100%        51%        53%       100%        69%
India..............................      100%       100%       100%       100%        38%       100%        46%
Vietnam............................      200%       200%       200%       200%       200%       200%       200%
Brazil.............................       55%        56%        49%        57%        29%        57%        30%
Japan..............................       29%        29%        29%        34%         0%        37%         0%
Italy..............................        0%         0%         0%         0%         0%        77%         0%
Thailand...........................       65%        38%        72%        26%        23%       100%        28%
Turkey.............................       50%        45%        57%       100%        32%       100%        41%
France.............................        0%         6%         0%         0%         0%        19%         0%
Spain..............................        0%         0%        22%        35%         0%        61%         9%
United Kingdom.....................        0%        28%         0%         0%         0%        37%         0%
Netherlands........................       26%        27%         0%         0%        11%        34%         7%
Russia.............................      200%       200%       200%       200%       200%         0%         0%
Austria............................       26%        29%         0%         0%         0%        39%         0%
Colombia...........................       32%        32%        32%         0%         0%       100%         0%
Israel.............................        0%         0%         0%         0%         0%        37%         0%
Hungary............................       33%        28%        33%        31%         0%       100%        39%
Malaysia...........................       71%        40%       100%        33%       100%       100%       100%
Poland.............................       39%        44%        39%        45%        51%        67%        52%
Cambodia...........................       66%         0%        66%        68%         0%         0%         0%
Any other country..................       50%        40%        55%        48%        69%       100%        37%
----------------------------------------------------------------------------------------------------------------

            ``(2) Subsequent application.--
                    ``(A) In general.--For purposes of the 36-month 
                period subsequent to the date on which the final rules 
                under section 4698(b) are issued, the variable charge 
                with respect to any covered product shall be determined 
                as follows:
                            ``(i) With respect to any covered product 
                        which has been assigned to tier 1, the variable 
                        charge shall be an amount (expressed as a 
                        percentage) equal to or greater than 5 percent 
                        and not greater than 25 percent, as determined 
                        in such manner as to achieve a linear 
                        correlation between the variable charge and the 
                        pollution intensity difference of products 
                        assigned to such tier.
                            ``(ii) With respect to any covered product 
                        which has been assigned to tier 2, the variable 
                        charge shall be an amount (expressed as a 
                        percentage) equal to or greater than 25 percent 
                        and not greater than 80 percent, as determined 
                        in such manner as to achieve a linear 
                        correlation between the variable charge and the 
                        pollution intensity difference of products 
                        assigned to such tier.
                            ``(iii) With respect to any covered product 
                        which has been assigned to tier 3, the variable 
                        charge shall be an amount (expressed as a 
                        percentage not to exceed 100 percent) equal to 
                        the sum of--
                                    ``(I) 80 percent, plus
                                    ``(II) 1 percentage point for every 
                                percentage point by which the pollution 
                                intensity difference of such product 
                                exceeds 200 percent.
                    ``(B) Tiers.--
                            ``(i) Tier 1.--Any covered product for 
                        which the pollution intensity difference is 
                        greater than 10 percent and not greater than 20 
                        percent shall be assigned to tier 1.
                            ``(ii) Tier 2.--Any covered product for 
                        which the pollution intensity difference is 
                        greater than 20 percent and not greater than 
                        200 percent shall be assigned to tier 2.
                            ``(iii) Tier 3.--Any covered product for 
                        which the pollution intensity difference is 
                        greater than 200 percent shall be assigned to 
                        tier 3.
                    ``(C) Enhancement of variable charge.--
                            ``(i) Nonmarket economy country.--In the 
                        case of any covered product for which the 
                        country of origin is a nonmarket economy 
                        country, the variable charge with respect to 
                        such product shall be an amount (expressed as a 
                        percentage) equal to the product of--
                                    ``(I) the amount otherwise 
                                determined under subparagraph (A) with 
                                respect to such product, multiplied by
                                    ``(II) 2.
                            ``(ii) Foreign entity of concern.--In the 
                        case of any covered product which is produced 
                        in a facility which is owned or controlled by a 
                        foreign entity of concern, the variable charge 
                        with respect to such product shall be an amount 
                        (expressed as a percentage) equal to the 
                        product of--
                                    ``(I) the amount otherwise 
                                determined under subparagraph (A) with 
                                respect to such product, multiplied by
                                    ``(II) 2.
                            ``(iii) Facility owned by foreign entity of 
                        concern in nonmarket economy country.--In the 
                        case of any covered product which is described 
                        in both clause (i) and clause (ii), the 
                        variable charge with respect to such product 
                        shall be an amount (expressed as a percentage) 
                        equal to the product of--
                                    ``(I) the amount otherwise 
                                determined under subparagraph (A) with 
                                respect to such product, multiplied by
                                    ``(II) 4.
    ``(b) Exception for National Security.--
            ``(1) In general.--The Secretary, in coordination with the 
        Secretary of Defense and the Commissioner of U.S. Customs and 
        Border Protection, may reduce the variable charge to zero for 
        specific entries of a covered product if the Secretary 
        determines that such specific entries are imported for purposes 
        of fulfilling a Department of Defense contract.
            ``(2) Publication.--The Secretary shall make public any 
        reduction under this subsection with respect to a covered 
        product unless the publication of such information would 
        negatively affect national security.
    ``(c) Evasion.--
            ``(1) In general.--If the Secretary of Commerce (in 
        consultation with the Secretary, the Secretary of Homeland 
        Security, the United States Trade Representative, and the 
        appropriate congressional committees) determines that any 
        country, producer, or importer is evading or attempting to 
        evade application of the fee imposed under section 4692, the 
        Secretary shall adjust the variable charge in such manner as is 
        deemed necessary to offset or deter such evasion.
            ``(2) Trade remedy law enforcement division.--The Trade 
        Remedy Law Enforcement Division of the Office of Trade of the 
        Department of Homeland Security shall assist the Secretary with 
        enforcement and compliance activities concerning any evasion 
        described in paragraph (1).
            ``(3) Definition.--
                    ``(A) In general.--The terms `evade' and `evasion' 
                shall be deemed to refer to entering any covered 
                product into the customs territory of the United 
                States--
                            ``(i) by means of any document or 
                        electronically transmitted data or information, 
                        written or oral statement, or act that is 
                        material and false, or any omission that is 
                        material, and
                            ``(ii) which results in any bond or other 
                        security or any amount of the fee imposed under 
                        section 4692 with respect to such product being 
                        reduced or not being applied.
                    ``(B) Fraud relating to carbon removal 
                activities.--The terms `evade' and `evasion' shall 
                include any fraud relating carbon removal activities 
                associated with the production of a covered product (as 
                described in section 4694(d)(3)).
            ``(4) Rules.--Not later than 12 months after the date of 
        enactment of this subchapter, the Secretary (in consultation 
        with the Secretary of Homeland Security) shall issue a final 
        rule with respect to the implementation of this subsection.

``SEC. 4694. CALCULATION OF POLLUTION INTENSITY.

    ``(a) In General.--For purposes of determining the variable charge 
for covered products under section 4693 after the period described in 
section 4693(a)(1), the Secretary (in consultation with the Advisory 
Committee) shall--
            ``(1) develop consistent methods for calculating the 
        pollution intensity of any covered product which are applied 
        consistently across covered products and to the country of 
        origin, and
            ``(2) make such methods publicly available.
    ``(b) Form.--
            ``(1) In general.--With respect to any covered product, the 
        pollution intensity of such product shall be expressed based on 
        the production-weight averaged pollution intensity associated 
        with the manufacturing of such product in the country of 
        origin.
            ``(2) Relevant emissions.--The pollution intensity of a 
        covered product shall account for--
                    ``(A) direct emissions,
                    ``(B) indirect emissions,
                    ``(C) precursor emissions, and
                    ``(D) transportation emissions,
        associated with the manufacturing of such product.
            ``(3) Specificity.--To the maximum extent practicable, the 
        pollution intensity of a covered product shall be specific to 
        the applicable 6-digit HTS subheading number.
            ``(4) Exceptions.--
                    ``(A) 4-digit.--In the case of a covered product 
                for which data is not available to determine pollution 
                intensity in a manner specific to the 6-digit HTS 
                subheading number, the Secretary may determine the 
                pollution intensity based on the applicable 4-digit HTS 
                heading.
                    ``(B) 10-digit.--In the case of a covered product 
                for which data demonstrates significant differences in 
                pollution intensity between 10-digit HTS statistical 
                reporting numbers, the Secretary may determine 
                pollution intensity based on the applicable 10-digit 
                statistical reporting number.
    ``(c) Data.--
            ``(1) In general.--To the extent necessary for any 
        determination with respect to any covered product, the 
        Secretary (in consultation with the Advisory Committee) may 
        use--
                    ``(A) economic, statistical, and engineering models 
                and analysis,
                    ``(B) pollution monitoring data from facilities, 
                satellites, and other pollution monitoring tools, 
                provided that such data--
                            ``(i) is publicly available, or
                            ``(ii) is not publicly available but is 
                        able to be accessed and verified on a 
                        consistent basis by the Secretary or the head 
                        of any relevant Federal agency,
                    ``(C) voluntarily reported data, provided that such 
                data is--
                            ``(i) a product of monitored emissions, and
                            ``(ii) able to be verified by the 
                        Secretary,
                    ``(D) the best available information on technology 
                performance levels for the industrial sector that 
                produces such product, and
                    ``(E) manufacturing and pollution data which is 
                specific to a covered product, including relevant data 
                regarding--
                            ``(i) the industrial sector which is 
                        associated with such product, and
                            ``(ii) the country of origin.
            ``(2) Access to information.--
                    ``(A) In general.--The head of every relevant 
                Federal agency shall provide the Secretary with any 
                information held by or otherwise available to the head 
                of such Federal agency which is relevant to the 
                calculation of pollution intensity.
                    ``(B) Confidentiality.--With respect to any 
                information or data relating to operational practices 
                or manufacturing processes of any producer of a covered 
                product which is provided to the Secretary pursuant to 
                subparagraph (A), unless such information or data is 
                otherwise publicly available, the head of any relevant 
                Federal agency shall take such measures as are 
                necessary to ensure that such information and data is 
                aggregated and anonymized.
    ``(d) Methodology.--
            ``(1) In general.--For purposes of creating a process for 
        calculating the pollution intensity of any covered product 
        under subsection (a), the Secretary (in consultation with the 
        Advisory Committee) shall--
                    ``(A) use the best, and most internationally 
                comparable, data available to establish the baseline 
                pollution intensity with respect to such product, and
                    ``(B) in the case of a covered product produced 
                outside of the United States, base the calculation of 
                the pollution intensity of such product on the process 
                used to establish the baseline pollution intensity for 
                such product.
            ``(2) Treatment of recycled materials.--In the case of any 
        recycled material which is recycled (as defined in section 
        246.101(x) of title 40, Code of Federal Regulations) into--
                    ``(A) an input material or precursor, or
                    ``(B) a covered product,
        the Secretary shall deem such recycled material to have a 
        pollution intensity as low as zero, as determined pursuant to 
        such methods as are determined appropriate by the Secretary.
            ``(3) Treatment of carbon oxides.--
                    ``(A) In general.--Any carbon oxide captured from 
                manufacturing processes by the producer of a covered 
                product, or verifiably purchased by the producer of a 
                covered product as an offset from a verified entity 
                operating carbon removal infrastructure or projects, 
                shall have the effect of reducing the pollution 
                associated with the production of a covered product 
                if--
                            ``(i) in the case of any carbon oxide 
                        captured by the producer of the covered 
                        product, such carbon oxide is captured in the 
                        country of origin of such product and either--
                                    ``(I) utilized in the creation of a 
                                product in a manner which ensures that 
                                such carbon oxide does not escape into 
                                the atmosphere, or
                                    ``(II) verifiably sequestered in a 
                                manner which provides an accurate 
                                accounting of the storage of such 
                                carbon oxide, or
                            ``(ii) in the case of an offset purchased 
                        by the producer of the covered product, such 
                        offset is a durable carbon removal credit 
                        representing carbon oxides removed from the 
                        atmosphere in the United States or in any 
                        country by an entity which is not designated as 
                        a foreign entity of concern, as verified in a 
                        manner which provides an accurate accounting of 
                        the utilization or sequestration of such carbon 
                        oxide, including the permanence of its storage.
                    ``(B) Accounting.--Subject to subparagraph (C), any 
                carbon oxide utilized or sequestered as described in 
                subparagraph (A) shall be--
                            ``(i) treated as a reduction in pollution 
                        associated with the production of a covered 
                        product based on the total tons of carbon oxide 
                        utilized or sequestered,
                            ``(ii) eligible to offset relevant 
                        emissions based on the relevant carbon dioxide 
                        equivalent value, and
                            ``(iii) verified pursuant to such process 
                        as is established by the Secretary (in 
                        consultation with the Administrator and the 
                        Secretary of Energy).
                    ``(C) Weighting.--For purposes of subparagraph (B), 
                with respect to determining the amount of carbon oxide 
                utilized or sequestered (as described in subparagraph 
                (A)), such determination shall be conducted in such a 
                manner as is determined appropriate by the Secretary 
                (in consultation with the Administrator and the 
                Secretary of Energy) so as to ensure that any reduction 
                in the amount of pollution associated with the 
                production of a covered product is commensurate with 
                the level of durability and permanency of the captured 
                carbon oxide which is utilized or sequestered, such 
                that measures that provide for permanent carbon removal 
                (such as sequestration of carbon oxides in geologic 
                storage or other equivalent measures that have been 
                scientifically determined to provide permanent storage) 
                will be determined to result in a proportionally higher 
                reduction in pollution than measures that provide for 
                non-permanent carbon removal (such as measures that 
                have been scientifically determined to have a lower 
                period of storage or higher risks of reversal compared 
                to geologic storage).
            ``(4) Treatment of facility-specific agreements.--For the 
        purpose of determining the pollution intensity of any covered 
        product which is produced in a foreign country, if--
                    ``(A) such product is produced in a facility which 
                is--
                            ``(i) located in such country, and
                            ``(ii) covered by an agreement established 
                        under section 204 of the Foreign Pollution Fee 
                        Act of 2025, and
                    ``(B) the pollution intensity of the product 
                produced in such facility would otherwise lower the 
                average pollution intensity associated with the 
                production of such product in such country,
        the pollution intensity of the product produced in such 
        facility shall not be included for purposes of calculating the 
        pollution intensity associated with production of such product 
        in the country of origin.
    ``(e) Alterations for Foreign Data.--For purposes of determining 
the pollution intensity values with respect to any country of origin 
for a covered product, if--
            ``(1) the baseline pollution intensity for such covered 
        product was determined utilizing a methodology based on data 
        described in subsection (c) which was provided at a more 
        localized level, or in more granular detail, than the data 
        available with respect to the country of origin, the pollution 
        intensity otherwise determined under this section with respect 
        to production of such covered product in such country of origin 
        shall be increased by 20 percent, and
            ``(2) data with respect to the country of origin is 
        unavailable or unverifiable, the Secretary may determine the 
        baseline pollution intensity for the country using an inference 
        that is adverse to the interests of the country in selecting 
        from among the facts otherwise available to make the 
        determination.
    ``(f) Foreign Illustration of Pollution Intensity.--
            ``(1) In general.--Any country may provide the Secretary 
        with access to any verifiable data necessary to establish an 
        alternative pollution intensity with respect to any covered 
        product.
            ``(2) Alternative pollution intensity.--
                    ``(A) In general.--In the case of a country which 
                provides data described in paragraph (1), the Secretary 
                may adjust the pollution intensity with respect to any 
                covered product, provided that the country providing 
                such data--
                            ``(i) ensures the accuracy of all relevant 
                        data for all covered products,
                            ``(ii) provides data at a level of 
                        granularity which satisfies the methods 
                        established by the Secretary, and
                            ``(iii) provides the data consistently and 
                        in a manner that is verifiable by the 
                        Secretary.
                    ``(B) Role of the advisory committee.--For purposes 
                of this paragraph, the Advisory Committee shall assist 
                the Secretary by verifying relevant data and 
                calculating adjustments to pollution intensities.
            ``(3) Publication of alternative pollution intensity 
        values.--In the case of any pollution intensity with respect to 
        any covered product which is adjusted pursuant to paragraph 
        (2)--
                    ``(A) the Secretary shall publish such adjustment 
                in the Federal Register, and
                    ``(B) such adjustment shall take effect in the 
                following calendar year.
    ``(g) Treatment of Potential Evasion and Outliers.--If the 
Secretary of Commerce (in consultation with the Secretary, the United 
States Trade Representative, the appropriate congressional committees, 
and any relevant Federal agency) determines that any country or any 
producer is evading or attempting to evade application of the fee 
imposed under section 4692, the Secretary may prohibit the importation 
of covered goods from that country or produced by that producer.

``SEC. 4695. TREATMENT OF INTERNATIONAL PARTNERSHIPS.

    ``(a) Adjustment of Fee for Partner Countries.--In the case of a 
covered product which is produced in a country which is a party to an 
international partnership agreement which satisfies the conditions 
under sections 201 and 202 of the Foreign Pollution Fee Act of 2025 
(referred to in this section as a `partner country'), the fee under 
section 4692 shall be reduced in accordance with the terms of such 
agreement.
    ``(b) Elimination of Treatment of Foreign Data.--Section 4694(e) 
shall not apply to any partner country.

``SEC. 4696. COVERED PRODUCTS.

    ``The term `covered product' means articles classifiable under the 
same 6-digit subheading number of the HTS within one of the following 
categories:
            ``(1) Aluminum classifiable under heading 7601 or any of 
        headings 7603 through 7608 of the HTS, aluminum hydroxide 
        classifiable under subheading 2818.30.00 of the HTS, and 
        aluminum oxide classifiable under subheading 2818.20.00 of the 
        HTS.
            ``(2) Articles of aluminum classifiable under any of 
        headings 7609 through 7616 of the HTS, and any other articles 
        of aluminum that are classified under any other heading or 
        subheading of the HTS (as identified by the Secretary).
            ``(3) Articles of cement classifiable under headings 6810 
        or 6811 of the HTS.
            ``(4) Iron and steel classifiable under any of headings 
        7206 through 7306 of the HTS.
            ``(5) Articles of iron and steel classifiable under any of 
        headings 7307 through 7326 of the HTS.
            ``(6) Cement classifiable under heading 2523 or subheading 
        3824.50 of the HTS.
            ``(7) Fertilizer and related products classifiable under 
        any of the following headings or subheading of the HTS:
                    ``(A) Heading 2808.
                    ``(B) Heading 2814.
                    ``(C) Subheading 2834.21.
                    ``(D) Heading 3102 (other than subheading 
                3102.10.30).
                    ``(E) Any of subheadings 3105.20 through 3105.59.
                    ``(F) Subheading 3105.90.10.
            ``(8) Glass classifiable under any of headings 7001 through 
        7020 of the HTS.
            ``(9) Hydrogen classifiable under subheading 2804.10 of the 
        HTS.
            ``(10) Solar products classifiable under any of subheadings 
        2804.61, 3818.00, 8541.42, 8541.43, 8541.49, and 8541.59 of the 
        HTS.
            ``(11) Battery inputs classifiable under statistical 
        reporting number 2826.90.9010 or subheading 8507.60.00 or 
        8507.90 of the HTS.

``SEC. 4697. ADVISORY COMMITTEE ON GLOBAL POLLUTION CHALLENGES.

    ``(a) In General.--The Secretary shall establish an advisory 
committee, to be known as the `Advisory Committee on Global Pollution 
Challenges', in accordance with chapter 10 of title 5, United States 
Code (commonly referred to as the `Federal Advisory Committee Act') .
    ``(b) Composition.--
            ``(1) In general.--The Advisory Committee shall be composed 
        of--
                    ``(A) 2 representatives of each of the industrial 
                sectors described in paragraphs (1) through (9) of 
                section 4696,
                    ``(B) 2 representatives from the National 
                Laboratories (as defined in section 2 of the Energy 
                Policy Act of 2005 (42 U.S.C. 15801)), and
                    ``(C) 2 representatives from the scientific 
                research community with expertise in greenhouse gas 
                accounting and the monitoring, reporting, and 
                verification of carbon reduction and carbon removal 
                processes,
        as appointed by the Secretary.
            ``(2) Period of appointment.--Each representative appointed 
        pursuant to paragraph (1) shall serve for a term of 2 calendar 
        years, and may be reappointed by the Secretary for any 
        additional term.
    ``(c) Chair.--The chair of the Advisory Committee shall be selected 
by the Secretary from the representatives described in subsection (b).
    ``(d) Duties.--The Advisory Committee shall--
            ``(1) in accordance with section 4694, consult with the 
        Secretary on methods of calculating--
                    ``(A) the baseline pollution intensity, as 
                determined based on production of the covered product 
                in the United States, and
                    ``(B) the respective pollution intensity for 
                production of such covered product in any foreign 
                country,
            ``(2) provide assistance with regard to section 4694(f), as 
        well as any other requests from the Secretary, and
            ``(3) provide recommendations to the Secretary regarding 
        any rules or reassessments under section 4698.

``SEC. 4698. ESTABLISHMENT PROCESS AND REASSESSMENTS.

    ``(a) In General.--The processes established under this section 
shall be utilized to--
            ``(1) provide rules for application of the fee imposed 
        under section 4692 after the period described in section 
        4693(a)(1), and
            ``(2) perform any required reassessment.
    ``(b) Rulemaking.--
            ``(1) Classification of covered products.--Not later than 
        12 months after the date of enactment of this subchapter, the 
        Secretary shall issue a final rule for purposes of determining 
        the appropriate heading or subheading number of the HTS for 
        each covered product.
            ``(2) Pollution intensity methodology calculations.--
                    ``(A) In general.--Not later than 12 months after 
                the date of enactment of this subchapter, the Secretary 
                shall publish a final rule establishing--
                            ``(i) in a manner consistent with section 
                        4694, the methods for calculating the pollution 
                        intensity with respect to each covered product 
                        and country of origin, and
                            ``(ii) methods for any foreign country to 
                        establish an alternative pollution intensity 
                        with respect to any covered product pursuant to 
                        subsection (f) of such section.
                    ``(B) Evasion.--Not later than 18 months after the 
                date of enactment of this subchapter, the Secretary 
                shall publish a final rule to address producers 
                described in section 4694(g).
            ``(3) Establishment of variable charges.--Not later than 12 
        months after the date of enactment of this subchapter, the 
        Secretary (in consultation with the United States Trade 
        Representative) shall issue a final rule establishing the 
        variable charge for covered products for purposes of section 
        4693.
            ``(4) Traceability.--
                    ``(A) In general.--Not later than 12 months after 
                the date of enactment of this subchapter, the Secretary 
                (in consultation with the Secretary of Homeland 
                Security) shall issue a final rule with respect to 
                establishing traceability requirements applicable to 
                any covered entity for purposes of demonstrating the 
                accuracy of data provided with respect to each entry or 
                importation of a covered product which is relevant to 
                determining the variable charge imposed on such 
                product.
                    ``(B) Requirements.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A), the traceability requirements 
                        shall include--
                                    ``(I) entry-, importation- and 
                                supply chain-specific traceability and 
                                document authentication with respect to 
                                all entities involved in production of 
                                the covered product at every step of 
                                the supply chain, and
                                    ``(II) successful verifications 
                                (for entries or importations) and 
                                validations (for supply chains).
                            ``(ii) Frequency.--For purposes of clause 
                        (i), such verifications, validations, and 
                        audits shall be conducted at a frequency (as 
                        determined by the Secretary in the final rule 
                        described in subparagraph (A)) that is tailored 
                        to jurisdiction-, producer-, industry-, and 
                        product-specific risk factors in order to 
                        provide a high level of confidence to the 
                        Secretary that covered entities are satisfying 
                        the requirements established under the final 
                        rule.
                    ``(C) Demonstration.--At the time of each entry or 
                importation of a covered product, the covered entity 
                shall affirmatively demonstrate to the Secretary that 
                the requirements established under subparagraph (A) 
                have been satisfied with respect to such product.
                    ``(D) Data.--The Secretary shall use the data 
                provided by covered entities to U.S. Customs and Border 
                Protection pursuant to the requirements established 
                under subparagraph (A) for purposes making 
                determinations under section 4694(g) with respect to 
                whether any country or any producer is evading or 
                attempting to evade application of the fee imposed 
                under section 4692.
            ``(5) Additional rulemaking.--In addition to the rules 
        described in paragraphs (1) through (4), any rules which are 
        necessary in order to properly apply the fee under section 4692 
        shall be issued not later than the date which is 12 months 
        after the date of enactment of this subchapter.
    ``(c) Reassessment.--
            ``(1) In general.--Not later than 3 years after the date of 
        the issuance of any final rule described in subsection (b), and 
        every 3 years thereafter, the Secretary shall reassess and, as 
        necessary, issue a final rule to adjust, the existing final 
        rule.
            ``(2) Revision.--The United States International Trade 
        Commission, in consultation with the Secretary, shall annually 
        publish a notice reflecting headings, subheadings, and 
        statistical reporting numbers of the HTS contained in any rule 
        issued under this section which need to be amended due to 
        revisions to the HTS.
            ``(3) Newly available data.--With respect to any 
        reassessment described in paragraph (1), the Secretary may 
        utilize any data which is available as a result of enhancements 
        in the ability to assess domestic or foreign pollution pursuant 
        to legislation enacted or developments in technology subsequent 
        to the issuance of the most recent final rule.
            ``(4) International partnerships.--In the case of an 
        international partnership agreement, the Secretary may, at the 
        time of the establishment of such agreement and in a manner 
        consistent with such agreement, issue a final rule to adjust 
        the pollution intensity for any covered product (as determined 
        pursuant to subsection (d)) produced in a country which is a 
        party to such agreement.
            ``(5) Timing.--In the case of any final rule issued with 
        respect to any reassessment under paragraph (1), the 
        application of such rule shall take effect on January 1 of the 
        first calendar year beginning subsequent to the issuance of 
        such final rule.
    ``(d) Process.--
            ``(1) Notice and consultation.--Not later than 6 months 
        prior to--
                    ``(A) the date on which any final rule is required 
                to be issued under paragraphs (1) through (5) of 
                subsection (b), and
                    ``(B) the date on which any reassessment is 
                required to be made under subsection (c)(1),
        the Secretary shall publish a notice of proposed rulemaking 
        with respect to such final rule or reassessment and brief the 
        appropriate congressional committees and consult with such 
        committees regarding such final rule or reassessment.
            ``(2) Comment.--Following the notice under paragraph (1), 
        the Secretary shall provide a public comment period of not less 
        than 60 days.
            ``(3) Consultation.--Prior to the issuance of any final 
        rule or reassessment under this section regarding the 
        appropriate classification of covered products, the Secretary 
        may consult with--
                    ``(A) the United States Trade Representative,
                    ``(B) the United States International Trade 
                Commission,
                    ``(C) the Commissioner of U.S. Customs and Border 
                Protection, and
                    ``(D) all other relevant Federal agencies.
    ``(e) Publication of Foreign Pollution Fee Table.--
            ``(1) In general.--The Secretary shall publish, in a 
        comprehensive format that is made publicly available, all final 
        rules issued under this section with respect to the application 
        of the fee imposed under section 4692 (referred to in this 
        subsection as the `Foreign Pollution Fee Table').
            ``(2) Included information.--The Foreign Pollution Fee 
        Table shall include information related to--
                    ``(A) any products covered by the fee imposed under 
                section 4692, as identified by the applicable 6-digit 
                HTS subheading number,
                    ``(B) the variable charge with respect to any 
                covered product by country of origin, and
                    ``(C) the baseline pollution intensity and 
                pollution intensity with respect to each covered 
                product and country of origin.
            ``(3) Updates.--The Foreign Pollution Fee Table shall be 
        updated every 12 months.
            ``(4) Exception.--The Secretary shall redact any 
        information which may have a negative effect on national 
        security.''.

 TITLE II--INTERNATIONAL PARTNERSHIP AGREEMENTS RELATING TO POLLUTION 
                                  FEES

SEC. 201. INTERNATIONAL PARTNERSHIP AGREEMENTS.

    (a) In General.--The United States Trade Representative, at the 
direction of the President, may--
            (1) engage in negotiations with countries to encourage the 
        establishment and expansion of international partnership 
        agreements, as provided in this title;
            (2) establish agreements with foreign countries with 
        respect to proposals to enter into international partnership 
        agreements;
            (3) implement such an agreement; and
            (4) perform the oversight and enforcement role necessary to 
        uphold any such agreement.
    (b) Requirements for International Partnership Agreements.--
            (1) Products.--An international partnership agreement may 
        be entered into under this title on the basis of one or more 
        covered products.
            (2) Parties.--
                    (A) In general.--Subject to the requirements under 
                subparagraph (B) and paragraph (3), the United States 
                may enter into an international partnership agreement 
                under this title with--
                            (i) one country; or
                            (ii) multiple countries.
                    (B) Exclusion of nonmarket economy countries.--The 
                United States may not enter into an international 
                partnership agreement under this title with a nonmarket 
                economy country.
            (3) Requirements.--An international partnership agreement 
        entered into under this title is required to provide for--
                    (A) creation of interoperable methods to promote 
                pollution reduction through trade mechanisms by 
                assessing pollution intensity differences between 
                countries;
                    (B) maintenance of the ability of a country that is 
                a party to the agreement to determine methods of 
                pollution reduction within that country;
                    (C) reduction of any fee or charge between 
                countries that are parties to the agreement in a manner 
                compatible with the process described in section 202;
                    (D) compatible pollution monitoring, reporting, and 
                verification methods that--
                            (i) allow for interoperable methods to be 
                        used to calculate the pollution intensity of 
                        covered products and countries that are parties 
                        to the agreement, on the basis of the available 
                        information within each such country;
                            (ii) allow for similar methods to be used 
                        to calculate the pollution intensity of covered 
                        products imported from countries that are not 
                        parties to the agreement; and
                            (iii) allow for each country that is a 
                        party to the agreement to consistently validate 
                        the monitoring and reporting information of the 
                        other countries that are parties to the 
                        agreement with respect to products covered by 
                        the agreement; and
                    (E) collaboration between the parties to the 
                agreement on developing and implementing policies--
                            (i) to address market distortions, 
                        including excess capacity, caused by the 
                        policies or practices of nonmarket economy 
                        countries; and
                            (ii) to determine whether covered products 
                        are produced in facilities owned or controlled 
                        by a foreign entity of concern.
    (c) Timeline.--
            (1) In general.--The requirements described in subsection 
        (b) with respect to an international partnership agreement are 
        required to be achieved--
                    (A) for high-income countries and upper-middle 
                income countries, not later than 3 years after entering 
                into the agreement; and
                    (B) for low-income countries and lower-middle-
                income countries, not later than 5 years after entering 
                into the agreement.
            (2) Applicability of benefits.--
                    (A) In general.--Except as provided by subsection 
                (f), countries described in paragraph (1)(A) shall not 
                receive the treatment described in section 4695 of the 
                Internal Revenue Code of 1986, as added by title I, 
                until the requirements under subsection (b) are met.
                    (B) Termination.--The United States shall maintain 
                the right to terminate an international partnership 
                agreement at any time pursuant to the terms of the 
                agreement.
    (d) Publication; Congressional Review.--An international 
partnership agreement entered into under this section shall be--
            (1) published in the Federal Register; and
            (2) treated as a final rule prepared by an agency, 
        including with respect to review by Congress under chapter 8 of 
        title 5, United States Code (commonly referred to as the 
        ``Congressional Review Act'').
    (e) Restrictions on Negotiations Relating to Domestic Policy.--The 
authority provided by this section does not include the authority to 
negotiate or enter into an agreement that would establish carbon taxes, 
fees, pricing, or other mechanisms that impose additional costs on 
products produced by a United States entity.
    (f) Delay in Application of Foreign Pollution Fee To Negotiate With 
Free Trade Agreement Countries.--In the case of a country with which 
the United States has a free trade agreement in effect that is 
negotiating for a partnership agreement under this title, the 
application of the fee under section 4696 of the Internal Revenue Code 
of 1986, as added by title I, may be delayed for not more than 12 
months to provide time to complete the negotiations.

SEC. 202. APPLICATION OF FOREIGN POLLUTION FEE IN PARTNERSHIPS.

    (a) In General.--In accordance with section 4695 of the Internal 
Revenue Code of 1986, as added by title I, a reduced fee shall be 
applied under section 4692 of such Code with respect to a covered 
product imported from a country that is a party to an international 
partnership agreement entered into under this title.
    (b) Failure To Meet Requirements.--If a covered product is produced 
in a country that is a party to an international partnership agreement 
entered into under this title but does not meet the requirement 
described in subsection (a), the fee applied under section 4692 of the 
Internal Revenue Code of 1986, as added by title I, with respect to the 
covered product shall be calculated based on the variable charge 
determined under section 4693(a) of the Internal Revenue Code of 1986, 
as added by title I.
    (c) Treatment of Low-Income and Lower-Middle Income Countries.--
            (1) In general.--During the 5-year period following the 
        entry into force of an international partnership agreement 
        under this title between the United States and a low-income 
        country or lower-middle-income country--
                    (A) the pollution intensity requirement described 
                in subsection (a) shall be considered to be met with 
                respect to covered products produced in the country; 
                and
                    (B) no fee shall be applied to covered products 
                imported from that country.
            (2) Modifications to requirements.--
                    (A) In general.--During the 10-year period 
                beginning after the completion of the 5-year period 
                described in paragraph (1), the pollution intensity 
                requirement described in subsection (a) shall be 
                considered to be met with respect to a covered product 
                produced in a country described in paragraph (1) if new 
                capacity in that country for the production of the 
                covered product developed during the 10-year period 
                described in paragraph (1) is not more than 50 percent 
                more pollution intense than the baseline pollution 
                intensity at the time of the entry into force of the 
                international partnership agreement.
                    (B) Future development.--For the 10-year period 
                beginning after the completion of the 10-year period 
                described in subparagraph (A), and each 10-year period 
                thereafter, the pollution intensity requirement 
                described in subsection (a) shall be considered to be 
                met with respect to a covered product produced in a 
                country described in paragraph (1) if new capacity in 
                that country for the production of the covered product 
                developed during the preceding 10-year period is not 
                more than 25 percent more pollution intense than the 
                baseline pollution intensity at the beginning of such 
                preceding 10-year period.
            (3) Application of fee.--If the requirements described in 
        paragraph (1) or (2), as applicable, are not met with respect 
        to a covered product, the fee specified in subsection (b) shall 
        apply.
    (d) Treatment of Evasion of Fee.--Nothing in this section shall 
supersede section 4694(g) of the Internal Revenue Code of 1986, as 
added by title I, with respect to potential evasion of the fee assessed 
under section 4692 of such Code if--
            (1) a determination is made under such section 4694(g) with 
        respect to a producer; and
            (2) the producer is owned, operated, or financed in or by a 
        country that is not a party to an international partnership 
        agreement entered into under this title.

SEC. 203. SUPPORT FOR PARTICIPATION OF LOW-INCOME AND LOWER-MIDDLE-
              INCOME COUNTRIES IN INTERNATIONAL PARTNERSHIP AGREEMENTS.

    (a) In General.--The United States Trade Representative, at the 
direction of the President and in consultation with the heads of the 
relevant Federal agencies, may include, in an international partnership 
agreement entered into under this title with a country described in 
subsection (b), provisions providing for--
            (1) the provision of treatment described in section 202(c) 
        to that country;
            (2) the extension of untied or tied aid through a United 
        States export, development, or trade agency to support energy 
        technology deployment and manufacturing and secure supply chain 
        development, including financing and technical assistance 
        provided by the United States Agency for International 
        Development, the Department of State, the Millennium Challenge 
        Corporation, and the United States International Development 
        Finance Corporation;
            (3) lower initial requirements relating to pollution data 
        monitoring and alternative methods to more accurately project 
        and model pollution under the agreement;
            (4) support for expansion of monitoring and reporting of 
        pollution using best practices; and
            (5) technical assistance to ensure full compliance with the 
        terms of the agreement.
    (b) Countries Described.--A country described in this subsection 
is--
            (1) a low-income country or a lower-middle-income country; 
        and
            (2) a country that the United States Trade Representative 
        determines--
                    (A) meets investment thresholds in environmental 
                infrastructure commensurate with the revenue foregone 
                as a result of not charging the fee under section 4692 
                of the Internal Revenue Code of 1986, as added by title 
                I, with respect to covered products imported from the 
                country;
                    (B) meets procurement thresholds of covered 
                products and related goods and services produced in the 
                United States and other countries that are parties to 
                international partnership agreements under this title;
                    (C) provides preferential market access for energy 
                and environmental, security, and healthcare goods and 
                services produced in the United States; and
                    (D) adopts certain labor and environmental 
                standards.
    (c) Benchmarks and Requirements.--
            (1) In general.--The United States Trade Representative 
        shall establish benchmarks or requirements to assess the 
        progress of a country described in subsection (b) in fully 
        implementing the terms of an international partnership 
        agreement entered into under this title.
            (2) Benchmarks.--The benchmarks and requirements 
        established under paragraph (1) with respect to a country shall 
        include--
                    (A) improving methods of monitoring, reporting, and 
                verifying pollution levels;
                    (B) if, after the entry into force of the 
                international partnership agreement, new manufacturing 
                or production capacity for a covered product is built 
                in the country but that capacity is owned or operated, 
                or the majority of the financing for that capacity is 
                provided, by an entity associated with a country that 
                is not a party to an international partnership 
                agreement, treating the new capacity--
                            (i) at the pollution intensity of the 
                        country that is not a party to an international 
                        partnership agreement if the pollution 
                        intensity for the covered product produced in 
                        that country is greater than the pollution 
                        intensity of the covered product produced in 
                        the country that is a party to the 
                        international partnership agreement;
                            (ii) as not eligible for the treatment of a 
                        country that is a party to an international 
                        partnership agreement described in section 202; 
                        and
                            (iii) in accordance to the requirements of 
                        section 4695 of the Internal Revenue Code of 
                        1986, as added by title I; and
                    (C) if, after the entry into force of the 
                international partnership agreement, the ownership, a 
                stake of ownership, or operation of manufacturing or 
                production capacity for a covered product that is in 
                operation on the date of entry into force is 
                transferred to an entity in a country that is not a 
                party to an international partnership agreement, 
                treating such capacity--
                            (i) at the pollution intensity of the 
                        country that is not a party to an international 
                        partnership agreement if the pollution 
                        intensity for the covered product produced in 
                        that country is greater than the pollution 
                        intensity of the covered product produced in 
                        the country that is a party to the 
                        international partnership agreement;
                            (ii) as not eligible for the treatment of a 
                        country that is a party to an international 
                        partnership agreement described in section 202; 
                        and
                            (iii) in accordance to the requirements of 
                        section 4695 of the Internal Revenue Code of 
                        1986, as added by title I.
    (d) Termination.--The United States shall maintain the authority to 
terminate the application to a country with which the United States 
enters into an international partnership agreement under this title of 
the provisions described in subsection (a)--
            (1) if the country does not meet the benchmarks and 
        requirements under subsection (c); and
            (2) pursuant to the terms of the international partnership 
        agreement.
    (e) Inclusion of Other International Partners.--To the maximum 
extent practicable, the United States shall seek to include additional 
high-income countries and upper-middle-income countries in 
international partnership agreements entered into under this title with 
low-income countries or lower-middle-income countries.

SEC. 204. TREATMENT OF CERTAIN FACILITIES RELATING TO POLLUTION FEES.

    (a) In General.--The Commissioner of U.S. Customs and Border 
Protection and the Administrator of the Environmental Protection Agency 
shall jointly develop a process under a facility located in a foreign 
country may apply to have products produced at the facility be treated 
at a pollution intensity specific to the facility (in this section 
referred to as ``facility-specific treatment'') instead of the 
pollution intensity for the country.
    (b) Eligibility Requirements.--To be eligible for facility-specific 
treatment under subsection (a), a facility is required to--
            (1) be placed in service after the date of the enactment of 
        this Act;
            (2) be--
                    (A) owned or operated by a United States entity; or
                    (B) located in a country--
                            (i) with which the United States has 
                        entered into an international partnership 
                        agreement under this title; or
                            (ii) with which the United States has a 
                        free trade agreement in effect;
            (3) comply with procedures to allow for ongoing 
        verification of direct emissions by United States officials or 
        their designees, including requirements that the facility--
                    (A) deploy pollution monitoring equipment able to 
                report in real time the levels of pollution emitted by 
                the facility;
                    (B) provide access to real-time pollution 
                monitoring data;
                    (C) in the absence of pollution monitoring 
                equipment, disclose--
                            (i) the volume and type of fuels consumed 
                        within the facility for the production of each 
                        covered product;
                            (ii) emissions associated with any fuel 
                        combustion within the facility for the 
                        production of each covered product, including 
                        for industrial processes and any electricity, 
                        heat, or steam production; and
                            (iii) all emissions associated with the 
                        chemical and physical transformation of raw 
                        materials within the facility for the 
                        production of each covered product; and
                    (D) allow for spot inspections to ensure compliance 
                with the requirements of this subsection;
            (4) account for the indirect emissions from the production 
        of electricity, heating, and cooling that is produced outside 
        the facility and consumed in the production of a covered 
        product;
            (5) account for the emissions associated with the 
        manufacture of input materials or precursors that are consumed 
        in the production of a covered product;
            (6) disclose the volume and value of all covered products 
        produced in the facility;
            (7) for facilities that manufacture a mix of covered 
        products and products that are not covered products, disclose 
        the fraction of production of covered products as a share of 
        total output volume and value; and
            (8) identify the covered entity with respect to covered 
        products produced at the facility for which the covered entity 
        is not the owner of the facility.
    (c) Reconsideration of Determinations of Pollution Intensity.--The 
Commissioner of U.S. Customs and Border Protection and the 
Administrator of the Environmental Protection Agency may establish a 
process under which a United States entity a subsidiary of which owns 
or operates a facility granted facility-specific treatment under 
subsection (a) may petition for reconsideration of the determination of 
the pollution intensity specific to the facility.
    (d) Application of Variable Charge.--A product produced by a 
facility granted facility-specific treatment under subsection (a) and 
imported into the United States shall be subject to the variable charge 
determined under section 4693(a) of the Internal Revenue Code of 1986, 
as added by title I, aligned with the pollution intensity difference of 
a product produced by the facility and the baseline pollution 
intensity.
    (e) Ineligibility of Facilities in or Owned by Nonmarket Economy 
Countries.--A facility is not eligible for facility-specific treatment 
under subsection (a) if--
            (1) the facility--
                    (A) is located in a nonmarket economy country; and
                    (B)(i) is owned, partially owned, or operated by 
                the government of the country or an entity owned or 
                controlled by that government; or
                    (ii) has received financing, including in the form 
                of a tax credit or a limit on tax liability, to operate 
                the facility by the government of the country or an 
                entity owned or controlled by that government; or
            (2) the facility is owned, partially owned, or operated 
        by--
                    (A) an entity owned or controlled by the government 
                of a nonmarket economy country, without regard to 
                whether the facilitated is located in such a country; 
                or
                    (B) a foreign entity of concern.
    (f) Termination of Facility-Specific Treatment.--The eligibility of 
a facility for facility-specific treatment under subsection (a) may be 
terminated at the sole discretion of the United States if the facility 
fails to satisfy any of the requirements under subsection (b) or 
becomes ineligible under subsection (e).
    (g) Confidentiality of Information.--Any information or data 
provided to the Commissioner of U.S. Customs and Border Protection or 
the Administrator of the Environmental Protection Agency pursuant to 
subsection (b) relating to operational practices or manufacturing 
processes of a facility seeking facility-specific treatment under 
subsection (a), may not be publicly disclosed, unless such information 
or data is otherwise publicly available.

SEC. 205. DEFINITIONS.

    (a) In General.--In this title:
            (1) Free trade agreement.--The term ``free trade 
        agreement'' means an agreement with 1 or more countries that--
                    (A) reduces or eliminates tariffs and non-tariff 
                barriers between the countries that are parties to the 
                agreement; and
                    (B) is approved by Congress.
            (2) Nonmarket economy country.--The term ``nonmarket 
        economy country'' means any foreign country that the Secretary 
        of Commerce determines, pursuant to section 771(18) of the 
        Tariff Act of 1930 (19 U.S.C. 1677(18)), does not operate on 
        market principles of cost or pricing structures, so that sales 
        of merchandise in that country do not reflect the fair value of 
        merchandise.
            (3) United states entity.--The term ``United States 
        entity'' means an entity organized under the laws of the United 
        States or any jurisdiction within the United States.
    (b) Other Terms.--In this title, the definitions set forth in 
section 4691 of the Internal Revenue Code of 1986, as added by title I, 
apply.
    (c) World Bank Classifications.--In this title:
            (1) In general.--Subject to paragraph (2), the terms 
        ``high-income country'', ``upper-middle-income country'', 
        ``lower-middle-income country'', and ``low-income country'' 
        shall be defined based on the classification of the economy of 
        a country by the World Bank.
            (2) High-income and upper-middle-income countries.--In the 
        case of any country which, as of January 1, 2025, is classified 
        by the World Bank as a high-income country or an upper-middle-
        income country, such country shall not be eligible to be 
        reclassified as a lower-middle-income country or a low-income 
        country.

                        TITLE III--OTHER MATTERS

SEC. 301. ANNUAL REPORT.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary of the 
Treasury shall submit to Congress a report--
            (1) describing the efforts of the Department of the 
        Treasury--
                    (A) to help United States entities that manufacture 
                covered products counter unfair competition from 
                nonmarket economy countries; and
                    (B) to increase jobs in the United States;
            (2) assessing the competitive advantage of the United 
        States with respect to greenhouse gas intensity; and
            (3) assessing the impact of this Act and the amendments 
        made by this Act on the United States trade deficit and 
        economic activity.
    (b) Biennial Reviews.--In each report required by subsection (a) 
submitted during an odd-numbered year, the Secretary shall include an 
assessment of whether this Act and the amendments made by this Act are 
achieving their intended policy goals.
    (c) Covered Product Defined.--In this section, the term ``covered 
product'' has the meaning given that term in section 4696 of the 
Internal Revenue Code of 1986, as added by title I.
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