S. 711

119 S711 IS: Transportation Freedom Act
 U.S. Senate
 2025-02-25
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 711  IN THE SENATE OF THE UNITED STATES   February 25, 2025   Mr. Moreno  (for himself,  Mr. Sheehy ,  Mr. Banks , and  Mr. Justice ) 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 establish an enhanced deduction for wages paid to automobile manufacturing workers, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the   Transportation Freedom Act  .
(b)
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—Support for American Automobile Manufacturing
Sec. 101. Enhanced deduction for wages paid to automobile manufacturing workers.
TITLE II—Multipollutant emissions standards
Sec. 201. Repeal of multipollutant emissions standards for light-duty and medium-duty vehicles.
Sec. 202. Repeal of phase 3 heavy-duty vehicle greenhouse gas emissions standards.
Sec. 203. Repeal of CAFE standards rules.
TITLE III—Emissions waivers
Sec. 301. Elimination of vehicle emissions waivers.
TITLE IV—Federal greenhouse gas emissions standards and CAFE standards
Subtitle A—Establishment of new passenger automobile standards
Sec. 401. Definitions.
Sec. 402. Establishment of CAFE standards and greenhouse gas emissions standards.
Sec. 403. Compliance with fleet average carbon dioxide emissions standards.
Sec. 404. Authorization of appropriations.
Subtitle B—Establishment of new heavy-Duty vehicle standards
Sec. 411. Establishment of heavy-duty vehicle greenhouse gas emissions standards.
I
Support for American Automobile Manufacturing
101.
Enhanced deduction for wages paid to automobile manufacturing workers
(a)
In general
Part VI of subchapter B of  chapter 1  of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
199B.
Wages paid to automobile manufacturing workers
(a)
In general
In the case of any taxable year for which an election is made under subsection (g) by a qualifying taxpayer, there shall be allowed a deduction equal to 200 percent of an amount equal to the total amount of eligible wages paid or incurred by such taxpayer during such taxable year.
(b)
Qualifying taxpayer
For purposes of this section, the term  qualifying taxpayer  means an entity which, with respect to any taxable year—
(1)
is engaged in the production of automobiles or automotive components in the United States,
(2)
with respect to any automobiles, light-duty trucks, and heavy-duty trucks sold by the entity for use in the United States during the preceding taxable year, the final assembly (as defined in section 30D(d)(5)) of not less than 75 percent of such vehicles occurred in the United States,
(3)
with respect to the manufacturing of finished engines, transmissions, or advanced battery cells (including manufacturing pursuant to joint ventures or other collaborative manufacturing agreements) during the preceding taxable year, not less than 75 percent of such finished engines, transmissions, or advanced battery cells which were incorporated into new automobiles, light-duty trucks, or heavy-duty trucks for sale by the entity were produced in the United States,
(4)
during the preceding taxable year, did not transfer production outside of the United States of any automobile or automobile component manufactured in the United States,
(5)
during the preceding taxable year, with respect to all applicable individuals, offered—
(A)
coverage for the applicable individual under a group health plan in the platinum level of coverage (as described in section 1302(d)(1)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(d)(1)(D) )) or a higher level of coverage, and
(B)
participation in a defined benefit plan or defined contribution plan that meets the applicable requirement of subsection (e),
(6)
during the preceding taxable year, with respect to all retired individuals who, prior to retirement, were applicable individuals, offered coverage for the retired individual under a group health plan in the platinum level of coverage (as described in section 1302(d)(1)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(d)(1)(D) )) or a higher level of coverage,
(7)
with respect to every $1,000,000,000 distributed as non-recurring dividends, or in stock which was redeemed (within the meaning of section 317(b)), by such entity during such taxable year, provided not less than $2,000 to each applicable individual through a profit-sharing plan, with such amount to be in addition to any prior commitment made by the entity pursuant to an existing profit-sharing plan, as determined as of the date of such distribution or redemption, and
(8)
maintained a neutral position during the preceding taxable year—
(A)
in any labor organization organizing effort, and
(B)
with respect to the exercise of employees and labor organizations of their rights under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ).
(c)
Eligible wages
(1)
In general
For purposes of this section, the term  eligible wages  means any wages paid or incurred by a qualifying taxpayer during the taxable year to any applicable individual, provided that the wages paid to such individual during such taxable year are not less than the 75th percentile of wages paid for the occupation of the individual (as designated in accordance with the Standard Occupational Classification System) with respect to the applicable 4-digit industry group code of the North American Industry Classification System.
(2)
Limitation
The amount of wages which may be taken into account under subsection (a)(1) with respect to any applicable individual shall not exceed $150,000 per taxable year.
(d)
Applicable individual
For purposes of this section, the term  applicable individual  means an individual directly engaged in the manufacturing of automobiles or automotive components in the United States.
(e)
Pension requirements
(1)
Defined benefit pension plans
The requirement described in this subsection with respect to a defined benefit plan is that such plan is projected to provide an applicable individual with not less than 50 percent wage replacement upon retirement, for the entire length of the individual's retirement, provided the applicable individual is employed by the qualifying taxpayer and a participant in the plan for a minimum of 30 years.
(2)
Defined contribution pension plans
The requirement described in this subsection with respect to a defined contribution plan is that such plan is a qualified cash or deferred arrangement as defined in section 401(k) under the terms of which the employer contribution is not less than 10 percent of the participating employee’s wages during the preceding tax year.
(f)
Denial of deduction for trade or business expenses
No deduction shall be allowed under section 162(a) with respect to any wages or contributions taken into account in determining the deduction under subsection (a).
(g)
Election
Subsection (a) shall apply only with respect to such portion of the eligible wages paid or incurred by the qualifying taxpayer, or contributions made by such taxpayer, during the taxable year as are elected by such taxpayer.
(h)
Certification
No deduction shall be allowed under subsection (a) unless the taxpayer submits to the Secretary (at such times and in such manner as the Secretary provides) a certification that the applicable requirements under this section have been satisfied.
 .
(b)
Adjusted financial statement income
 Section 56A(c)  of the Internal Revenue Code of 1986 is amended—
(1)
by redesignating paragraph (15) as paragraph (16), and
(2)
by inserting after paragraph (14) the following new paragraph:
(15)
Wages paid to automobile manufacturing workers
Adjusted financial statement income shall be—
(A)
reduced by the deduction for eligible wages allowed under section 199B to the extent of the amount allowed as deductions in computing taxable income for the taxable year, and
(B)
appropriately adjusted—
(i)
to disregard any wages taken into account on the taxpayer’s applicable financial statement that were also taken into account in determining the amount of the deduction allowed under section 199B, and
(ii)
to take into account any other item specified by the Secretary in order to provide that such wages are accounted for in the same manner as accounted for under this chapter.
 .
(c)
Clerical amendment
The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item:
Sec. 199B. Wages paid to automobile manufacturing workers.
  .
(d)
Effective date
The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.
II
Multipollutant emissions standards
201.
Repeal of multipollutant emissions standards for light-duty and medium-duty vehicles
The final rule of the Administrator of the Environmental Protection Agency entitled  Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles  (89 Fed. Reg. 27842 (April 18, 2024)) shall have no force or effect.
202.
Repeal of phase 3 heavy-duty vehicle greenhouse gas emissions standards
The final rule of the Administrator of the Environmental Protection Agency entitled  Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles—Phase 3  (89 Fed. Reg. 29440 (April 22, 2024)) shall have no force or effect.
203.
Repeal of CAFE standards rules
The final rules of the National Highway Traffic Safety Administration entitled  Corporate Average Fuel Economy Standards for Passenger Cars and Light Trucks for Model Years 2027 and Beyond and Fuel Efficiency Standards for Heavy-Duty Pickup Trucks and Vans for Model Years 2030 and Beyond  (89 Fed. Reg. 52540 (June 24, 2024)) and  Corporate Average Fuel Economy Standards for Passenger Cars and Light Trucks for Model Years 2027-2032 and Fuel Efficiency Standards for Heavy-Duty Pickup Trucks and Vans for Model Years 2030-2035; Correction  (89 Fed. Reg. 60832 (July 29, 2024)) shall have no force or effect.
III
Emissions waivers
301.
Elimination of vehicle emissions waivers
(a)
Amendment
Section 209(b) of the Clean Air Act ( 42 U.S.C. 7543(b) ) is amended by adding at the end the following:
(4)
No further waivers
Notwithstanding any other provision of this section, beginning on the date of enactment of this paragraph, the Administrator shall not grant a waiver under paragraph (1) to enforce a standard for the control of emissions from new motor vehicles or new motor vehicle engines that differs from a standard established under this Act by the Administrator.
 .
(b)
Revocation of existing standards
Each waiver issued under section 209(b) of the Clean Air Act ( 42 U.S.C. 7543(b) ) before the date of enactment of this Act, including any waiver issued under that section to the State of California for zero-emission vehicle mandates, is revoked.
(c)
Repeal
(1)
In general
Section 177 of the Clean Air Act ( 42 U.S.C. 7507 ) is repealed.
(2)
Conforming amendment
Section 249(e)(3) of the Clean Air Act ( 42 U.S.C. 7589(e)(3) ) is amended by striking the second sentence.
IV
Federal greenhouse gas emissions standards and CAFE standards
A
Establishment of new passenger automobile standards
401.
Definitions
In this subtitle:
(1)
Administrator
The term  Administrator  means the Administrator of the Environmental Protection Agency.
(2)
CAFE standards
The term  CAFE standards  means the Corporate Average Fuel Economy standards required under section 32902(a) of title 49, United States Code.
(3)
Greenhouse gas emissions
The term  greenhouse gas emissions  means emissions of carbon dioxide, methane, nitrous oxide, and other gases that contribute to climate change.
(4)
Secretary
The term  Secretary  means the Secretary of Transportation.
402.
Establishment of CAFE standards and greenhouse gas emissions standards
(a)
New standards
(1)
CAFE standards
Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy and the Administrator, shall establish CAFE standards for passenger automobiles (as defined in section 32901(a) of title 49, United States Code) and light-duty trucks (as defined in section 86.1803–01 of title 40, Code of Federal Regulations (or a successor regulation)) for model years 2027 through 2035 in accordance with this section.
(2)
EPA emissions standards
Not later than 180 days after the date of enactment of this Act, and notwithstanding any other provision of law, the Administrator, in coordination with the Secretary, shall establish standards for greenhouse gas emissions from new motor vehicles and new motor vehicle engines (as those terms are defined in section 216 of the Clean Air Act ( 42 U.S.C. 7550 )) under section 202 of the Clean Air Act ( 42 U.S.C. 7521 ) for model years 2027 through 2035 in accordance with this section.
(b)
Requirements
(1)
Bases
The CAFE standards and greenhouse gas emissions standards established under paragraphs (1) and (2), respectively, of subsection (a) shall—
(A)
be based on economic practicability and reflect achievable technological advancements based on market readiness and affordability; and
(B)
be based on evidence from industry capacity, historical data, and independent expert assessments to determine feasibility and economic impact, including on motor vehicle manufacturing job quality and stability.
(2)
CAFE standards
Notwithstanding any other provision of law, in establishing the CAFE standards under subsection (a)(1), the Secretary may not consider the fuel economy of dedicated automobiles in any baseline fleet or scenario.
(3)
Greenhouse gas standards
Notwithstanding any other provision of law, the greenhouse gas emissions standards established under subsection (a)(2)—
(A)
shall be technologically feasible and economically practicable for vehicles of any weight class or category when operated on reformulated gasoline that complies with section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ); and
(B)
shall not require, directly or indirectly, the production or sale of vehicles operated on electricity.
(c)
Consultation
(1)
In general
In establishing the CAFE standards and greenhouse gas emissions standards required under paragraphs (1) and (2), respectively, of subsection (a), the Secretary and the Administrator shall, after providing adequate notice, consult with manufacturers (as defined in section 32901(a) of title 49, United States Code), energy producers, consumer groups, and other relevant stakeholders.
(2)
Use of feedback
Any feedback received from an entity described in paragraph (1) during a consultation described in that paragraph shall be considered by the Secretary and the Administrator to ensure the CAFE standards and greenhouse gas emissions standards required under paragraphs (1) and (2), respectively, of subsection (a) are technologically and economically achievable.
(d)
Reports; adjustment of standards
(1)
Reports
The Secretary and the Administrator shall each submit to Congress a biennial report detailing progress toward achieving the applicable standards established under subsection (a) for 2035.
(2)
Adjustment of standards
Based on findings in a report submitted under paragraph (1), including market conditions, technological advancements, and economic impact assessments, the Secretary and the Administrator, as applicable, may adjust the CAFE standards and greenhouse gas emissions standards required under paragraphs (1) and (2), respectively, of subsection (a).
(e)
Continuation of current standards
If the Secretary and the Administrator do not establish the CAFE standards and greenhouse gas emissions standards required under paragraphs (1) and (2), respectively, of subsection (a) by the deadlines described in those paragraphs, the CAFE standards and greenhouse gas emissions standards for model year 2025 shall continue in effect through model year 2035.
403.
Compliance with fleet average carbon dioxide emissions standards
(a)
Greenhouse gas emissions standards
Section 206 of the Clean Air Act ( 42 U.S.C. 7525 ) is amended by adding at the end the following:
(i)
Deemed compliance
If a manufacturer complies with the applicable Corporate Average Fuel Economy standards required under section 32902(a) of title 49, United States Code, in a model year with respect to the passenger automobiles, non-passenger automobiles, and work trucks (as those terms are defined in section 32901(a) of that title) manufactured by the manufacturer, including through payment of civil penalties pursuant to section 32919 of that title or through the purchase of credits available to the manufacturer under section 32903 of that title, the manufacturer shall be considered to be in compliance with fleet-average greenhouse gas emissions standards under section 202, including fleet-average carbon dioxide emissions standards, that are applicable to those vehicles in that model year.
 .
(b)
CAFE standards
Section 32902 of title 49, United States Code, is amended by adding at the end the following:
(l)
Deemed compliance
If a manufacturer complies with the fleet-average greenhouse gas emissions standards under section 202 of the Clean Air Act ( 42 U.S.C. 7521 ), including fleet-average carbon dioxide emissions standards, for light-duty vehicles and medium-duty vehicles (as those terms are defined in section 86.1803–01 of title 40, Code of Federal Regulations (or a successor regulation) for a model year, including through purchased credits, the manufacturer shall be considered to be in compliance with the average fuel economy standard prescribed under this section applicable to those vehicles in that model year.
 .
404.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subtitle and the amendments made by this subtitle.
B
Establishment of new heavy-Duty vehicle standards
411.
Establishment of heavy-duty vehicle greenhouse gas emissions standards
(a)
Definitions
In this section:
(1)
Administrator
The term  Administrator  means the Administrator of the Environmental Protection Agency.
(2)
Greenhouse gas emissions
The term  greenhouse gas emissions  means emissions of carbon dioxide, methane, nitrous oxide, and other gases that contribute to climate change.
(b)
New standards
(1)
In general
Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Transportation, shall publish in the Federal Register new greenhouse gas emissions standards for heavy-duty trucks beginning no earlier than model year 2027.
(2)
Interim standards
During the period beginning on the date of enactment of this Act and ending on the date on which the new greenhouse gas emissions standards established under paragraph (1) is finalized, the greenhouse gas emissions standards for heavy-duty trucks shall be the standards for model year 2024 as described in the final rule of the Administrator and the Administrator of the National Highway Traffic Safety Administration entitled  Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2  (81 Fed. Reg. 73478 (October 25, 2016)).
(c)
Requirements
The greenhouse gas emissions standards established under subsection (b)(1) shall—
(1)
reflect achievable technological advancements based on market readiness and affordability; and
(2)
be based on evidence from industry capacity, historical market adoption data, technological advancements, and independent expert assessments to determine feasibility and economic impact, including on motor vehicle manufacturing job quality and stability.
(d)
Consultation
In establishing the greenhouse gas emissions standards under subsection (b)(1), the Administrator shall, after providing adequate notice, consult with manufacturers, automotive dealers, end users, energy producers, consumer groups, and other relevant stakeholders.