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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4355 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4355

 To amend the Internal Revenue Code of 1986 to create a carbon border 
     adjustment based on carbon intensity, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2022

 Mr. Whitehouse (for himself, Mr. Coons, Mr. Schatz, and Mr. Heinrich) 
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 create a carbon border 
     adjustment based on carbon intensity, 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 ``Clean Competition Act''.

SEC. 2. CARBON INTENSITY CHARGE.

    (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--Carbon Intensity Charge

``Sec. 4691. Calculation of carbon intensity.
``Sec. 4692. Imposition of carbon intensity charge.
``Sec. 4693. Rebate.
``Sec. 4694. Definitions.

``SEC. 4691. CALCULATION OF CARBON INTENSITY.

    ``(a) Reporting Requirements.--Not later than June 30, 2025, and 
annually thereafter, any covered entity shall, for each eligible 
facility operated by such entity, report to the Secretary with respect 
to the following:
            ``(1) Any information required to be reported to the 
        Administrator under the Greenhouse Gas Reporting Program (or 
        which would be required to be reported notwithstanding any 
        other provision of law prohibiting the implementation of or use 
        of funds for such requirements) for the preceding calendar 
        year.
            ``(2) The total amount of electricity used at such facility 
        during the preceding calendar year, including--
                    ``(A) whether such electricity was provided through 
                the electric grid or a dedicated generation source,
                    ``(B) the terms of any power purchase agreements 
                with respect to such facility, and
                    ``(C) with respect to any electricity which was not 
                provided through the electric grid, the greenhouse gas 
                emissions associated with the production of such 
                electricity, provided that such emissions are not 
                reported pursuant to paragraph (1).
            ``(3) The total weight (expressed in tons) of each covered 
        primary good produced at such facility during the preceding 
        calendar year.
    ``(b) Calculation.--
            ``(1) Carbon intensity.--
                    ``(A) Eligible facility.--For purposes of this 
                subchapter, for each calendar year, the carbon 
                intensity with respect to any eligible facility shall 
                be an amount equal to the quotient of--
                            ``(i) the covered emissions (as determined 
                        under paragraph (2)) with respect to such 
                        facility, divided by
                            ``(ii) the total weight (expressed in tons) 
                        of covered primary goods produced at such 
                        facility during the preceding calendar year.
                    ``(B) Covered national industry.--For purposes of 
                this subchapter, the carbon intensity with respect to 
                any covered national industry shall be an amount equal 
                to the quotient of--
                            ``(i) an amount equal to the sum of the 
                        covered emissions (as determined under 
                        paragraph (2)) with respect to all eligible 
                        facilities which produce covered primary goods 
                        which are included within such industry for 
                        calendar year 2024, divided by
                            ``(ii) the total weight (expressed in tons) 
                        of covered primary goods produced at all such 
                        eligible facilities during such year.
                    ``(C) Petition for specific goods.--
                            ``(i) In general.--In the case of any 
                        covered national industry which produces more 
                        than 1 covered primary good, a covered entity 
                        may file a petition with the Secretary to 
                        determine the carbon intensity with respect to 
                        a specific covered primary good.
                            ``(ii) Review.--With respect to any covered 
                        primary good which is included in a petition 
                        described in clause (i), the Secretary (in 
                        coordination with the Administrator and the 
                        Secretary of Energy) shall approve such 
                        petition if--
                                    ``(I) the chemical, physical, or 
                                mechanical production processes for 
                                such good are substantially different 
                                as compared to other covered primary 
                                goods produced within the same covered 
                                national industry, and
                                    ``(II) the carbon intensity 
                                determined with respect to such good is 
                                at least 25 percent greater than the 
                                carbon intensity determined for other 
                                covered primary goods produced within 
                                the same covered national industry.
                            ``(iii) Recalculation.--In the case of any 
                        petition described in clause (i) which is 
                        approved by the Secretary pursuant to clause 
                        (ii), the Secretary (in coordination with the 
                        Administrator) shall redetermine the carbon 
                        intensity with respect to the covered national 
                        industry which includes production of the 
                        covered primary good which is the subject of 
                        such petition by excluding any covered 
                        emissions associated with the production of 
                        such good for purposes of the determination 
                        made under subparagraph (B) for such industry.
                    ``(D) Determination.--Any determination of carbon 
                intensity under this paragraph shall be made by the 
                Secretary in coordination with the Administrator and 
                the Secretary of Energy.
            ``(2) Covered emissions.--
                    ``(A) In general.--For purposes of this subsection, 
                for each calendar year, the amount of covered emissions 
                with respect to any eligible facility shall be an 
                amount (as determined by the Secretary, in coordination 
                with the Administrator) equal to--
                            ``(i) the amount equal to the sum of--
                                    ``(I) the total greenhouse gas 
                                emissions associated with the 
                                production of covered primary goods at 
                                such facility during the preceding 
                                calendar year (as reported pursuant to 
                                subsection (a)), plus
                                    ``(II) the total greenhouse gas 
                                emissions associated with any 
                                electricity used at such facility for 
                                the production of such goods during the 
                                preceding calendar year, minus
                            ``(ii) the total greenhouse gas emissions 
                        which are captured and disposed of in secure 
                        geological storage (in compliance with the 
                        regulations established under section 
                        45Q(f)(2)) during the preceding calendar year.
                    ``(B) Direct air capture.--For purposes of 
                subparagraph (A)(ii), in the case of any greenhouse gas 
                emissions which are captured directly from the ambient 
                air, the operator of the facility which captured such 
                emissions may apportion such emissions amongst any 
                eligible facilities which are under common control of 
                such operator.
                    ``(C) Emissions for electricity used.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A)(i)(II), the amount of 
                        greenhouse gas emissions associated with 
                        electricity provided through the electric grid 
                        shall be determined based on the average carbon 
                        intensity for the regional grid in which the 
                        eligible facility is located for the preceding 
                        calendar year.
                            ``(ii) Exception.--In the case of an 
                        eligible facility which is subject to a power 
                        purchase agreement which guarantees that any 
                        electricity provided under such agreement is 
                        generated not less than 15 minutes prior to use 
                        by such facility and within the same regional 
                        transmission zone as such facility--
                                    ``(I) clause (i) shall not apply, 
                                and
                                    ``(II) the amount of greenhouse gas 
                                emissions associated with such 
                                electricity shall be determined based 
                                on the average carbon intensity of the 
                                electricity provided under such 
                                agreement.
            ``(3) Imported goods.--
                    ``(A) In general.--In the case of any covered 
                primary good which is imported into the United States, 
                the carbon intensity with respect to such good shall be 
                determined by the Secretary (in coordination with the 
                relevant parties) based on--
                            ``(i) the carbon intensity of the general 
                        economy of the country of origin of such good, 
                        or
                            ``(ii) if the Secretary (in coordination 
                        with the relevant parties) determines that 
                        transparent, verifiable, and reliable 
                        information is available with respect to any 
                        covered national industry in the country of 
                        origin of such good and that such country of 
                        origin is a transparent market economy in which 
                        inter-firm resource shuffling is unlikely to 
                        occur, the carbon intensity of the covered 
                        national industry in such country which 
                        includes production of such good.
                    ``(B) Petition.--
                            ``(i) In general.--In the case of any 
                        entity which imports a covered primary good for 
                        which the carbon intensity can be determined 
                        under subparagraph (A)(ii), such entity may 
                        file a petition with the Secretary to determine 
                        the charge under section 4692, if any, based on 
                        the average carbon intensity with respect to 
                        the production of such good by the manufacturer 
                        within the country of origin.
                            ``(ii) Aggregation rule.--For purposes of 
                        this subparagraph, the average carbon intensity 
                        with respect to the production of a covered 
                        primary good shall be determined based upon 
                        greenhouse gas emission and production data 
                        from all facilities which produce such good 
                        which are under common control of the 
                        manufacturer of such good, including any 
                        subsidiary, parent company, or joint venture of 
                        such manufacturer within the country of origin.
                            ``(iii) Inputs.--With respect to any 
                        covered primary good which is imported into the 
                        United States and for which other covered 
                        primary goods (other than petroleum, natural 
                        gas, or coal) were used as inputs by the 
                        manufacturer in the production of the imported 
                        covered primary good, any greenhouse gas 
                        emissions associated with the production of the 
                        covered primary goods used as inputs shall be 
                        included in the determination of the greenhouse 
                        gas emissions associated with production of the 
                        imported covered primary good.
                            ``(iv) Data provision.--In the case of an 
                        entity which files a petition described in 
                        clause (i), such entity shall provide the 
                        Secretary with an environmental product 
                        declaration containing any information which 
                        would otherwise be required to be reported 
                        under subsection (a) if the facilities which 
                        produced the covered primary good to which the 
                        petition applies were subject to the reporting 
                        requirements under the Greenhouse Gas Reporting 
                        Program.
                    ``(C) Carbon intensity of the general economy.--For 
                purposes of this paragraph, with respect to any 
                country, the carbon intensity of the general economy of 
                such country shall be an amount equal to the quotient 
                of--
                            ``(i) the gross domestic product of such 
                        country for the year described in clause (ii), 
                        divided by
                            ``(ii) the production-based greenhouse gas 
                        emissions of such country for the most recent 
                        year for which the Secretary determines there 
                        is reliable information.
                    ``(D) Exclusion.--In the case of any covered 
                primary good which is imported into the United States 
                and was produced in a relatively least developed 
                country (as described in section 124 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151v)), this 
                paragraph shall not apply.
                    ``(E) Inter-firm resource shuffling.--For purposes 
                of this paragraph, the term `inter-firm resource 
                shuffling' means any buying, selling, trading, 
                exchanging, or other transfer of control of production 
                facilities between entities based on the carbon 
                intensity of such facilities for the purpose of 
                creating entities with relatively lower carbon 
                intensity and entities with relatively higher carbon 
                intensity.
    ``(c) Publication.--The Secretary (in coordination with the 
relevant parties) shall annually publish any carbon intensity which has 
been determined under subsection (b) with respect to any eligible 
facility, covered national industry, covered primary good, foreign 
manufacturer, or country of origin.
    ``(d) Relevant Parties.--For purposes of this section, the term 
`relevant parties' means--
            ``(1) the Administrator,
            ``(2) the Secretary of Energy,
            ``(3) the Secretary of Commerce,
            ``(4) the United States Trade Representative, and
            ``(5) the Chair and Vice Chair of the United States 
        International Trade Commission.

``SEC. 4692. IMPOSITION OF CARBON INTENSITY CHARGE.

    ``(a) In General.--
            ``(1) Importation of goods.--
                    ``(A) In general.--
                            ``(i) Covered primary goods.--In the case 
                        of any covered primary good imported into the 
                        United States during any calendar year 
                        beginning after December 31, 2023, there is 
                        hereby imposed a charge in an amount equal to 
                        the product of--
                                    ``(I)(aa) in the case of a good for 
                                which the carbon intensity is 
                                determined under section 
                                4691(b)(3)(A)(i), the amount (if any) 
                                by which the amount determined under 
                                clause (iii) with respect to such good 
                                exceeds an amount equal to the 
                                applicable percentage of the carbon 
                                intensity (as determined under section 
                                4691(b)(1)(B)) for the covered national 
                                industry which includes such good, or
                                    ``(bb) in the case of a good for 
                                which the carbon intensity is 
                                determined under subparagraph (A)(ii) 
                                or (B) of section 4691(b)(3), the 
                                amount (if any) by which the carbon 
                                intensity determined under such 
                                subparagraph with respect to such good 
                                exceeds an amount equal to the 
                                applicable percentage of the carbon 
                                intensity (as determined under section 
                                4691(b)(1)(B)) for the covered national 
                                industry which includes such good, 
                                multiplied by
                                    ``(II) the total weight (expressed 
                                in tons) of the good imported into the 
                                United States, multiplied by
                                    ``(III) the carbon price.
                            ``(ii) Finished goods.--
                                    ``(I) In general.--In the case of 
                                any imported finished good which is 
                                imported into the United States during 
                                any calendar year beginning after 
                                December 31, 2025, there is hereby 
                                imposed a charge in an amount equal to 
                                the sum of the amounts determined under 
                                subclause (II) with respect to each 
                                covered primary good which is a 
                                component part of such imported 
                                finished good.
                                    ``(II) Components.--The amount 
                                determined under this subclause with 
                                respect to any covered primary good 
                                which is a component part of an 
                                imported finished good is an amount 
                                equal to the product of--
                                            ``(aa) the amount (if any) 
                                        determined under clause (i)(I) 
                                        if such clause were applied 
                                        with respect to such good, 
                                        multiplied by
                                            ``(bb) the total weight 
                                        (expressed in tons) of the 
                                        covered primary good, 
                                        multiplied by
                                            ``(cc) the carbon price.
                            ``(iii) Calculation for certain foreign 
                        goods.--For purposes of clause (i)(I)(aa), the 
                        amount determined under this clause with 
                        respect to any covered primary good shall be 
                        equal to the product of--
                                    ``(I) an amount equal to the 
                                quotient of--
                                            ``(aa) the carbon intensity 
                                        of the general economy (as 
                                        determined under section 
                                        4691(b)(3)(C)) of the country 
                                        of origin of such good, divided 
                                        by
                                            ``(bb) the carbon intensity 
                                        of the general economy (as so 
                                        determined) of the United 
                                        States, multiplied by
                                    ``(II) an amount equal to the 
                                applicable percentage of the carbon 
                                intensity (as determined under section 
                                4691(b)(1)(B)) for the covered national 
                                industry which includes such good.
                    ``(B) Charge due.--The charge imposed under this 
                paragraph with respect to any goods imported during any 
                calendar year shall be paid by the entity which 
                imported such goods not later than September 30 of the 
                calendar year subsequent to such year.
                    ``(C) Exclusion.--In the case of any covered 
                primary good (including any covered primary good which 
                is a component part of an imported finished good) which 
                is imported into the United States and was produced in 
                a relatively least developed country (as described in 
                section 124 of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2151v)), this paragraph shall not apply.
            ``(2) Domestic production of covered primary goods.--
                    ``(A) In general.--In the case of any eligible 
                facility, for each calendar year beginning after 
                December 31, 2023, there is hereby imposed a charge in 
                an amount equal to the product of--
                            ``(i) the amount (if any) by which the 
                        carbon intensity of such facility (as 
                        determined under subparagraph (A) of section 
                        4691(b)(1)) exceeds--
                                    ``(I) an amount equal to the 
                                applicable percentage of the carbon 
                                intensity for the covered national 
                                industry (as determined under 
                                subparagraph (B) of section 4691(b)(1)) 
                                which includes any covered primary good 
                                produced by such facility, or
                                    ``(II) in the case of a covered 
                                primary good produced by such facility 
                                which is subject to an approved 
                                petition under subparagraph (C) of such 
                                section, an amount equal to the 
                                applicable percentage of the carbon 
                                intensity determined with respect to 
                                such good, multiplied by
                            ``(ii) the total weight (expressed in tons) 
                        of any covered primary goods produced by such 
                        facility during such calendar year, multiplied 
                        by
                            ``(iii) the carbon price.
                    ``(B) Charge due.--The charge imposed under this 
                paragraph with respect to any calendar year shall be 
                paid by the covered entity not later than September 30 
                of the calendar year subsequent to such year.
    ``(b) Applicable Percentage.--For purposes of paragraphs (1)(A) and 
(2)(A) of subsection (a), the applicable percentage shall be--
            ``(1) for calendar year 2024, 100 percent,
            ``(2) for calendar years 2025 through 2028, the applicable 
        percentage for the preceding calendar year, reduced by 2.5 
        percentage points, and
            ``(3) for any calendar year subsequent to calendar year 
        2028, the applicable percentage for the preceding calendar 
        year, reduced by 5 percentage points (but not less than zero).
    ``(c) Carbon Price.--
            ``(1) In general.--For purposes of paragraphs (1)(A) and 
        (2)(A) of subsection (a), the carbon price shall be--
                    ``(A) for 2024, $55, and
                    ``(B) for each calendar year subsequent to the 
                calendar year described in subparagraph (A), an amount 
                equal to the sum of--
                            ``(i) the carbon price for the preceding 
                        year, plus
                            ``(ii) an amount equal to--
                                    ``(I) the amount described in 
                                clause (i), multiplied by
                                    ``(II) the percentage by which the 
                                CPI for the preceding calendar year 
                                exceeds the CPI for the second 
                                preceding calendar year, increased by 5 
                                percentage points.
            ``(2) CPI.--Rules similar to the rules of paragraphs (4) 
        and (5) of section 1(f) shall apply for purposes of this 
        subsection.
            ``(3) Rounding.--Any applicable amount determined under 
        subsection (a) which is not a multiple of $1 shall be rounded 
        to the nearest dollar.

``SEC. 4693. REBATE.

    ``(a) Exports.--
            ``(1) In general.--In the case of a person who exports any 
        covered primary good from the United States which was produced 
        in an eligible facility for which a charge has been imposed 
        under section 4692, a refund shall be allowed to such person in 
        the same manner as if it were an overpayment of the charge 
        imposed by such section in an amount equal to the amount 
        determined under paragraph (2).
            ``(2) Recalculation.--In the case of a covered primary good 
        described in paragraph (1), the amount determined under this 
        paragraph is an amount equal to the charge that would be 
        imposed under section 4692 with respect to such good if 
        subsection (a)(1)(A) of such section were applied by 
        substituting `the carbon intensity of all eligible facilities 
        (as determined under subparagraph (A) of section 4691(b)(1)) 
        operated by the covered entity which produced the covered 
        primary good described in section 4693(a)(1)' for `the carbon 
        intensity of such facility (as determined under subparagraph 
        (A) of section 4691(b)(1))'.

``SEC. 4694. DEFINITIONS.

    ``For purposes of this subchapter--
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) C02-e.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `CO2-e' means, with respect to a greenhouse gas, 
                the quantity of such gas that has a global warming 
                potential equivalent 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 the date of the enactment of this subchapter.
                    ``(B) Methane.--In the case of methane, the term 
                `CO2-e' means the quantity of methane that has the same 
                global warming potential over a 20-year period as 1 
                metric ton of carbon dioxide, as determined by the 
                Administrator.
            ``(3) Covered entity.--The term `covered entity' means any 
        entity which--
                    ``(A) produces any covered primary good, and
                    ``(B) is required to report emissions of greenhouse 
                gases under the Greenhouse Gas Reporting Program (or 
                would be required to report such emissions 
                notwithstanding any other provision of law prohibiting 
                the implementation of or use of funds for such 
                requirements).
            ``(4) Covered national industry.--
                    ``(A) In general.--The term `covered national 
                industry' means any industry which is assigned a 6-
                digit NAICS code which is included in any of the 
                following clauses:
                            ``(i) 211120 (petroleum extraction).
                            ``(ii) 211130 (natural gas extraction).
                            ``(iii) 212112 (underground coal mining).
                            ``(iv) 322110 (pulp mills).
                            ``(v) 322121 (paper mills).
                            ``(vi) 322122 (newsprint mills).
                            ``(vii) 322130 (paperboard mills).
                            ``(viii) 324110 (petroleum refineries).
                            ``(ix) 324121 (asphalt paving mixture and 
                        block manufacturing).
                            ``(x) 324122 (asphalt shingle and coating 
                        materials manufacturing).
                            ``(xi) 324199 (all other petroleum and coal 
                        products manufacturing).
                            ``(xii) 325110 (petrochemical 
                        manufacturing).
                            ``(xiii) 325120 (industrial gas 
                        manufacturing).
                            ``(xiv) 325193 (ethyl alcohol 
                        manufacturing).
                            ``(xv) 325199 (other basic organic chemical 
                        manufacturing).
                            ``(xvi) 325311 (nitrogenous fertilizer 
                        manufacturing).
                            ``(xvii) 327211, 327212, 327213, or 327215 
                        (glass).
                            ``(xviii) 327310 (cement).
                            ``(xix) 327410 or 327420 (lime and gypsum 
                        product manufacturing).
                            ``(xx) 331110 (iron and steel).
                            ``(xxi) 331313 (aluminum).
                    ``(B) Exceptions.--
                            ``(i) Industrial gas manufacturing.--
                        Subparagraph (A)(xiii) shall apply only with 
                        respect to the production of hydrogen.
                            ``(ii) Other basic organic chemical 
                        manufacturing.--Subparagraph (A)(xv) shall 
                        apply only with respect to the production of 
                        adipic acid.
            ``(5) Covered primary good.--The term `covered primary 
        good' means any good which is produced as part of a trade or 
        business operating within a covered national industry.
            ``(6) Eligible facility.--The term `eligible facility' 
        means any facility (as such term is defined for purposes of the 
        Greenhouse Gas Reporting Program) which is--
                    ``(A) operated by a covered entity for the 
                production of any covered primary good, and
                    ``(B) located within the United States.
            ``(7) Greenhouse gas.--The term `greenhouse gas' has the 
        meaning given such term under section 211(o)(1)(G) of the Clean 
        Air Act, as in effect on the date of the enactment of this 
        subchapter.
            ``(8) Greenhouse gas emissions.--The term `greenhouse gas 
        emissions' means the amount of greenhouse gases, expressed in 
        metric tons of CO2-e, which were emitted to the atmosphere.
            ``(9) Greenhouse gas reporting program.--The term 
        `Greenhouse Gas Reporting Program' means the Greenhouse Gas 
        Reporting Program established under part 98 of title 40, Code 
        of Federal Regulations.
            ``(10) Imported finished good.--
                    ``(A) In general.--The term `imported finished 
                good' means any good which--
                            ``(i) is imported into the United States, 
                        and
                            ``(ii)(I) for calendar year 2026 and 2027, 
                        contains greater than 500 pounds of any 
                        combination of any covered primary goods, and
                            ``(II) for any calendar year after calendar 
                        year 2027, contains greater than 100 pounds of 
                        any combination of any covered primary goods.
            ``(11) NAICS.--The term `NAICS' means the North American 
        Industrial Classification System.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 38 of 
the Internal Revenue Code of 1986 is amended by adding at the end 
thereof the following new item:

               ``subchapter e--carbon intensity charge''.

    (c) Grant Program.--
            (1) In general.--For fiscal year 2025 and each subsequent 
        fiscal year, there are appropriated, out of any funds in the 
        Treasury not otherwise appropriated, to the Department of the 
        Treasury amounts equal to applicable amount for the preceding 
        fiscal year, with such amounts to be used by the Secretary, in 
        conjunction with the Secretary of Energy and the Administrator 
        of the Environmental Protection Agency, to establish a 
        competitive grant program to award grants to eligible entities 
        for investments in new technology--
                    (A) in the case of an existing eligible facility, 
                to reduce their carbon intensity, and
                    (B) in the case of a proposed eligible facility, to 
                ensure best-in-class carbon intensity.
            (2) Modeled on diesel emissions reduction act.--For 
        purposes of the program described in paragraph (1), such 
        program shall be administered in a manner similar to the 
        national grant program of the Environmental Protection Agency 
        under subtitle G of title VII of the Energy Policy Act of 2005 
        (42 U.S.C. 16131 et seq.).
            (3) Awarding of grant amounts.--For purposes of awarding 
        grants under the program described in paragraph (1), the 
        Secretary (in conjunction with the Administrator and the 
        Secretary of Energy) shall--
                    (A) give preference to proposed investments--
                            (i) that would result in the greatest 
                        decrease in carbon intensity,
                            (ii) for facilities located in economically 
                        distressed communities that have experienced a 
                        loss of manufacturing jobs,
                            (iii) that would maximize improvement in 
                        local air quality, or
                            (iv) for facilities located in communities 
                        with high cumulative pollution burdens (as 
                        determined by the Administrator), and
                    (B) allocate grant funds to eligible facilities and 
                proposed eligible facilities which produce covered 
                primary goods that are included within a covered 
                national industry in approximate proportion to the 
                share of total greenhouse gas emissions for which such 
                industry is responsible for emitting.
            (4) Recapture.--In the case of any eligible entity which 
        has been awarded a grant under the program described in 
        paragraph (1) with respect to any eligible facility or proposed 
        eligible facility, if such entity fails to--
                    (A) within 3 years of the awarding of such grant, 
                complete the proposed investments in new technology at 
                such facility, or
                    (B) during the 10-year period after such 
                investments are placed in service--
                            (i) in the case of an existing eligible 
                        facility, achieve and maintain the reduction in 
                        carbon intensity proposed in the application 
                        for such grant, or
                            (ii) in the case of a proposed eligible 
                        facility, achieve and maintain the best-in-
                        class carbon intensity proposed in the 
                        application for such grant,
        the Secretary shall recapture, pursuant to such regulations or 
        other guidance issued by the Secretary, the amount of the grant 
        awarded with respect to such facility.
            (5) Applicable amount.--For purposes of this subsection, 
        the term ``applicable amount'' means, with respect to any 
        fiscal year, an amount equal to 75 percent of the increase in 
        revenues to the Treasury during such fiscal year by reason of 
        the application of subchapter E of chapter 38 of the Internal 
        Revenue Code of 1986 (as added by subsection (a)).
            (6) Definitions.--For purposes of this subsection--
                    (A) In general.--The terms ``covered national 
                industry'', ``eligible facility'', and ``covered 
                primary good'' shall have the same meaning given such 
                terms under section 4694 of the Internal Revenue Code 
                of 1986 (as added by subsection (a)).
                    (B) Best-in-class carbon intensity.--The term 
                ``best-in-class carbon intensity'' means, with respect 
                to any proposed eligible facility, that the carbon 
                intensity of such facility would be not greater than 
                the carbon intensity of the existing facility with the 
                lowest carbon intensity within the relevant covered 
                national industry (as determined of the date of the 
                application for a grant under the program described in 
                paragraph (1)).
                    (C) Eligible entity.--The term ``eligible entity'' 
                means any person which operates an eligible facility or 
                will operate a proposed eligible facility.
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of the Treasury (or the Secretary's 
                delegate).
    (d) Economic Support Fund of Department of State.--
            (1) In general.--For fiscal year 2025 and each subsequent 
        fiscal year, in addition to amounts otherwise available, there 
        are appropriated, out of any funds in the Treasury not 
        otherwise appropriated, to the Department of State an amount 
        equal to applicable amount for the preceding fiscal year, with 
        such amount to be made available for multilateral assistance to 
        support climate and clean energy programs.
            (2) Applicable amount.--For purposes of this subsection, 
        the term ``applicable amount'' means, with respect to any 
        fiscal year, an amount equal to 25 percent of the increase in 
        revenues to the Treasury during such fiscal year by reason of 
        the application of subchapter E of chapter 38 of the Internal 
        Revenue Code of 1986 (as added by subsection (a)).
                                 <all>
```