[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4221-S4399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 5196. Mr. ROMNEY submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ______. INCOME CAP ON TEMPORARY INCREASE IN PREMIUM TAX
CREDIT.
(a) In General.--The table contained in clause (iii) of
section 36B(b)(3)(A) of the Internal Revenue Code of 1986 is
amended by striking ``and higher'' in the last line and
inserting ``up to 750.0 percent''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5197. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 70002 and insert the following:
SEC. 70002. UNITED STATES POSTAL SERVICE CLEAN FLEETS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the United States Postal
Service for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to be deposited into the
Postal Service Fund established under section 2003 of title
39, United States Code, $3,000,000,000, to remain available
through September 30, 2031, for--
(1) the purchase of zero-emission delivery vehicles; and
(2) the purchase, design, and installation of the requisite
infrastructure to support zero-emission delivery vehicles at
facilities that the United States Postal Service owns or
leases from non-Federal entities.
(b) Requirements.--The United States Postal Service shall--
(1) conduct a publicly available cost-benefit analysis to
analyze costs versus savings of the purchase of zero-emission
delivery vehicles compared to internal combustion engine
delivery vehicles over the life span of the vehicle; and
(2) ensure that the zero-emission delivery vehicles
purchased using amounts appropriated under subsection (a) are
placed in areas and on routes that make the most economical
sense.
______
SA 5198. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In section 1194 of the Social Security Act, as added by
part 1 of subtitle B of title I, add at the end the
following:
``(h) Limitation on Use of Certain Goods Manufactured With
Waived Intellectual Property Rights.--
``(1) In general.--Except as provided in paragraph (2),
goods subject to negotiation or renegotiation under
subsection (a) may not be purchased by an official or agency
of the United States for use outside the United States or
imported by a United States person for domestic consumption
if the manufacturer of those goods has utilized the
intellectual property of a United States person without their
consent on the basis that the rights of that person to that
intellectual property have been waived in the country of
origin of the manufacturer because of a waiver of a provision
of the Agreement on Trade-Related Aspects of Intellectual
Property Rights, including the Ministerial Decision on the
TRIPS Agreement adopted on June 17, 2022.
``(2) Exception.--Paragraph (1) shall not apply if the
President submits to Congress a certification that the United
States Trade Representative will not support or facilitate
the negotiation or approval of any measure at the World Trade
Organization that weakens any provision of the Agreement on
Trade-Related Aspects of Intellectual Property Rights with
respect to a pharmaceutical, therapeutic, diagnostic, or
other biotechnology commodity produced in the United States.
______
SA 5199. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of title VII, add the following:
SEC. 70008. REMOVAL OF AFGHAN NATIONALS WHO APPEAR ON THE
BIOMETRICS-ENABLED WATCHLIST.
Federal funds appropriated under this Act may not be
obligated or otherwise made available until after the
President certifies to Congress that the 324 Afghan nationals
residing in the United States as of the date of the enactment
of this Act who appear on the
[[Page S4222]]
biometrics-enabled watchlist of the Department of Defense
have been apprehended by U.S. Immigration and Customs
Enforcement.
______
SA 5200. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place in subtitle A of title II, insert
the following:
SEC. 20___. PROHIBITION.
No support or incentive under this title may be provided
for an agricultural real estate holding wholly or partly
owned by a person that is a national of, or is organized
under the laws or otherwise subject to the jurisdiction of, a
country--
(1) designated as a nonmarket economy country pursuant to
section 771(18) of the Tariff Act of 1930 (19 U.S.C.
1677(18)); or
(2) identified as a country that poses a risk to the
national security of the United States in the most recent
annual report on worldwide threats issued by the Director of
National Intelligence pursuant to section 108B of the
National Security Act of 1947 (50 U.S.C. 3043b) (commonly
known as the ``Annual Threat Assessment'').
______
SA 5201. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 11301.
______
SA 5202. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
On page 342, line 15, strike ``assigned.'' and insert the
following: ``assigned, and
``(D) without any discretion or possibility for an
exemption, certify that no forced labor was utilized in any
part of the production of the specified property, including
any part of the manufacturing supply chain for the property
from the mining of the materials to the assembly of the
property.
______
SA 5203. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 60107 and all that follows through section
60201 and insert the following:
SEC. 60107. FUNDING FOR SECTION 211(O) OF THE CLEAN AIR ACT.
(a) Test and Protocol Development.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $5,000,000, to remain available until
September 30, 2031, to carry out section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) with respect to--
(1) the development and establishment of tests and
protocols regarding the environmental and public health
effects of a fuel or fuel additive;
(2) internal and extramural data collection and analyses to
regularly update applicable regulations, guidance, and
procedures for determining lifecycle greenhouse gas emissions
of a fuel; and
(3) the review, analysis and evaluation of the impacts of
all transportation fuels, including fuel lifecycle
implications, on the general public and on low-income and
disadvantaged communities.
(b) Investments in Advanced Biofuels.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
until September 30, 2031, for new grants to industry and
other related activities under section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) to support investments in
advanced biofuels.
(c) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' has the meaning given the term in
section 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
7545(o)(1)(G)) (as in effect on the date of enactment of this
Act).
SEC. 60108. FUNDING FOR IMPLEMENTATION OF THE AMERICAN
INNOVATION AND MANUFACTURING ACT.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2026, to
carry out subsections (a) through (i) and subsection (k) of
section 103 of division S of Public Law 116-260 (42 U.S.C.
7675).
(2) Implementation and compliance tools.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000, to remain available until
September 30, 2026, to deploy new implementation and
compliance tools to carry out subsections (a) through (i) and
subsection (k) of section 103 of division S of Public Law
116-260 (42 U.S.C. 7675).
(3) Competitive grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until September 30, 2026,
for competitive grants for reclaim and innovative destruction
technologies under subsections (a) through (i) and subsection
(k) of section 103 of division S of Public Law 116-260 (42
U.S.C. 7675).
(b) Administration of Funds.--Of the funds made available
pursuant to subsection (a)(3), the Administrator of the
Environmental Protection Agency shall reserve 5 percent for
administrative costs necessary to carry out activities
pursuant to such subsection.
SEC. 60109. FUNDING FOR ENFORCEMENT TECHNOLOGY AND PUBLIC
INFORMATION.
(a) Compliance Monitoring.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $18,000,000, to remain available
until September 30, 2031, to update the Integrated Compliance
Information System of the Environmental Protection Agency and
any associated systems, necessary information technology
infrastructure, or public access software tools to ensure
access to compliance data and related information.
(b) Communications With ICIS.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000, to remain available until
September 30, 2031, for grants to States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)) to update
their systems to ensure communication with the Integrated
Compliance Information System of the Environmental Protection
Agency and any associated systems.
(c) Inspection Software.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$4,000,000, to remain available until September 30, 2031--
(1) to acquire or update inspection software for use by the
Environmental Protection Agency, States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)); or
(2) to acquire necessary devices on which to run such
inspection software.
SEC. 60110. GREENHOUSE GAS CORPORATE REPORTING.
In addition to amounts otherwise available, there is
appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2031, for the
Environmental Protection Agency to support--
(1) enhanced standardization and transparency of corporate
climate action commitments and plans to reduce greenhouse gas
(as defined in section 211(o)(1)(G) of the Clean Air Act (42
U.S.C. 7545(o)(1)(G)) (as in effect on the date of enactment
of this Act)) emissions;
(2) enhanced transparency regarding progress toward meeting
such commitments and implementing such plans; and
(3) progress toward meeting such commitments and
implementing such plans.
SEC. 60111. ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to develop and carry out a program to support the
development, and enhanced standardization and transparency,
of environmental product declarations for construction
materials and products, including by--
(1) providing grants to businesses that manufacture
construction materials and products for developing and
verifying environmental product declarations, and to States,
Indian Tribes, and nonprofit organizations that will support
such businesses;
(2) providing technical assistance to businesses that
manufacture construction materials and products in developing
and verifying environmental product declarations, and to
States, Indian Tribes, and nonprofit organizations that will
support such businesses; and
(3) carrying out other activities that assist in measuring,
reporting, and steadily reducing the quantity of embodied
carbon of construction materials and products.
(b) Administrative Costs.--Of the amounts made available
under this section, the Administrator of the Environmental
Protection Agency shall reserve 5 percent for administrative
costs necessary to carry out this section.
(c) Definitions.--In this section:
(1) Embodied carbon.--The term ``embodied carbon'' means
the quantity of greenhouse gas (as defined in section
211(o)(1)(G)
[[Page S4223]]
of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)) (as in effect
on the date of enactment of this Act)) emissions associated
with all relevant stages of production of a material or
product, measured in kilograms of carbon dioxide-equivalent
per unit of such material or product.
(2) Environmental product declaration.--The term
``environmental product declaration'' means a document that
reports the environmental impact of a material or product
that--
(A) includes measurement of the embodied carbon of the
material or product;
(B) conforms with international standards, such as a Type
III environmental product declaration, as defined by the
International Organization for Standardization standard
14025; and
(C) is developed in accordance with any standardized
reporting criteria specified by the Administrator of the
Environmental Protection Agency.
(3) State.--The term ``State'' has the meaning given to
that term in section 302(d) of the Clean Air Act (42 U.S.C.
7602(d)).
SEC. 60112. METHANE EMISSIONS REDUCTION PROGRAM.
The Clean Air Act is amended by inserting after section 134
of such Act, as added by section 60103 of this Act, the
following:
``SEC. 135. METHANE EMISSIONS AND WASTE REDUCTION INCENTIVE
PROGRAM FOR PETROLEUM AND NATURAL GAS SYSTEMS.
``(a) Incentives for Methane Mitigation and Monitoring.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$850,000,000, to remain available until September 30, 2028--
``(1) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
owners and operators of applicable facilities to prepare and
submit greenhouse gas reports under subpart W of part 98 of
title 40, Code of Federal Regulations;
``(2) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency authorized
under subsections (a) through (c) of section 103 for methane
emissions monitoring;
``(3) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
reduce methane and other greenhouse gas emissions from
petroleum and natural gas systems, mitigate legacy air
pollution from petroleum and natural gas systems, and provide
support for communities, including funding for--
``(A) improving climate resiliency of communities and
petroleum and natural gas systems;
``(B) improving and deploying industrial equipment and
processes that reduce methane and other greenhouse gas
emissions and waste;
``(C) supporting innovation in reducing methane and other
greenhouse gas emissions and waste from petroleum and natural
gas systems;
``(D) permanently shutting in and plugging wells on non-
Federal land;
``(E) mitigating health effects of methane and other
greenhouse gas emissions, and legacy air pollution from
petroleum and natural gas systems in low-income and
disadvantaged communities; and
``(F) supporting environmental restoration; and
``(4) to cover all direct and indirect costs required to
administer this section, including the costs of implementing
the waste emissions charge under subsection (c), preparing
inventories, gathering empirical data, and tracking
emissions.
``(b) Incentives for Methane Mitigation From Conventional
Wells.--In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$700,000,000, to remain available until September 30, 2028,
for activities described in paragraphs (1) through (4) of
subsection (a) at marginal conventional wells.
``(c) Waste Emissions Charge.--The Administrator shall
impose and collect a charge on methane emissions that exceed
an applicable waste emissions threshold under subsection (f)
from an owner or operator of an applicable facility that
reports more than 25,000 metric tons of carbon dioxide
equivalent of greenhouse gases emitted per year pursuant to
subpart W of part 98 of title 40, Code of Federal
Regulations, regardless of the reporting threshold under that
subpart.
``(d) Applicable Facility.--For purposes of this section,
the term `applicable facility' means a facility within the
following industry segments, as defined in subpart W of part
98 of title 40, Code of Federal Regulations:
``(1) Offshore petroleum and natural gas production.
``(2) Onshore petroleum and natural gas production.
``(3) Onshore natural gas processing.
``(4) Onshore natural gas transmission compression.
``(5) Underground natural gas storage.
``(6) Liquefied natural gas storage.
``(7) Liquefied natural gas import and export equipment.
``(8) Onshore petroleum and natural gas gathering and
boosting.
``(9) Onshore natural gas transmission pipeline.
``(e) Charge Amount.--The amount of a charge under
subsection (c) for an applicable facility shall be equal to
the product obtained by multiplying--
``(1) the number of metric tons of methane emissions
reported pursuant to subpart W of part 98 of title 40, Code
of Federal Regulations, for the applicable facility that
exceed the applicable annual waste emissions threshold listed
in subsection (f) during the previous reporting period; and
``(2)(A) $900 for emissions reported for calendar year
2024;
``(B) $1,200 for emissions reported for calendar year 2025;
or
``(C) $1,500 for emissions reported for calendar year 2026
and each year thereafter.
``(f) Waste Emissions Threshold.--
``(1) Petroleum and natural gas production.--With respect
to imposing and collecting the charge under subsection (c)
for an applicable facility in an industry segment listed in
paragraph (1) or (2) of subsection (d), the Administrator
shall impose and collect the charge on the reported metric
tons of methane emissions from such facility that exceed--
``(A) 0.20 percent of the natural gas sent to sale from
such facility; or
``(B) 10 metric tons of methane per million barrels of oil
sent to sale from such facility, if such facility sent no
natural gas to sale.
``(2) Nonproduction petroleum and natural gas systems.--
With respect to imposing and collecting the charge under
subsection (c) for an applicable facility in an industry
segment listed in paragraph (3), (6), (7), or (8) of
subsection (d), the Administrator shall impose and collect
the charge on the reported metric tons of methane emissions
that exceed 0.05 percent of the natural gas sent to sale from
such facility.
``(3) Natural gas transmission.--With respect to imposing
and collecting the charge under subsection (c) for an
applicable facility in an industry segment listed in
paragraph (4), (5), or (9) of subsection (d), the
Administrator shall impose and collect the charge on the
reported metric tons of methane emissions that exceed 0.11
percent of the natural gas sent to sale from such facility.
``(4) Common ownership or control.--In calculating the
total emissions charge obligation for facilities under common
ownership or control, the Administrator shall allow for the
netting of emissions by reducing the total obligation to
account for facility emissions levels that are below the
applicable thresholds within and across all applicable
segments identified in subsection (d).
``(5) Exemption.--Charges shall not be imposed pursuant to
paragraph (1) on emissions that exceed the waste emissions
threshold specified in such paragraph if such emissions are
caused by unreasonable delay, as determined by the
Administrator, in environmental permitting of gathering or
transmission infrastructure necessary for offtake of
increased volume as a result of methane emissions mitigation
implementation.
``(6) Exemption for regulatory compliance.--
``(A) In general.--Charges shall not be imposed pursuant to
subsection (c) on an applicable facility that is subject to
and in compliance with methane emissions requirements
pursuant to subsections (b) and (d) of section 111 upon a
determination by the Administrator that--
``(i) methane emissions standards and plans pursuant to
subsections (b) and (d) of section 111 have been approved and
are in effect in all States with respect to the applicable
facilities; and
``(ii) compliance with the requirements described in clause
(i) will result in equivalent or greater emissions reductions
as would be achieved by the proposed rule of the
Administrator entitled `Standards of Performance for New,
Reconstructed, and Modified Sources and Emissions Guidelines
for Existing Sources: Oil and Natural Gas Sector Climate
Review' (86 Fed. Reg. 63110 (November 15, 2021)), if such
rule had been finalized and implemented.
``(B) Resumption of charge.--If the conditions in clause
(i) or (ii) of subparagraph (A) cease to apply after the
Administrator has made the determination in that
subparagraph, the applicable facility will again be subject
to the charge under subsection (c) beginning in the first
calendar year in which the conditions in either clause (i) or
(ii) of that subparagraph are no longer met.
``(7) Plugged wells.--Charges shall not be imposed with
respect to the emissions rate from any well that has been
permanently shut-in and plugged in the previous year in
accordance with all applicable closure requirements, as
determined by the Administrator.
``(g) Period.--The charge under subsection (c) shall be
imposed and collected beginning with respect to emissions
reported for calendar year 2024 and for each year thereafter.
``(h) Implementation.--In addition to other authorities in
this Act addressing air pollution from the oil and natural
gas sectors, the Administrator may issue guidance or
regulations as necessary to carry out this section.
``(i) Reporting.--Not later than 2 years after the date of
enactment of this section, and as necessary thereafter, the
Administrator shall revise the requirements of subpart W of
part 98 of title 40, Code of Federal Regulations, to ensure
the reporting under such subpart, and calculation of charges
under subsections (e) and (f) of this section, are based on
empirical data, including data collected pursuant to
subsection (a)(4), accurately reflect the total methane
emissions
[[Page S4224]]
and waste emissions from the applicable facilities, and allow
owners and operators of applicable facilities to submit
empirical emissions data, in a manner to be prescribed by the
Administrator, to demonstrate the extent to which a charge
under subsection (c) is owed.
``(j) Liability for Charge Payment.--Except as established
under this section, a facility owner or operator's liability
for payment of the charge under subsection (c) is not
affected in any way by emission standards, permit fees,
penalties, or other requirements under this Act or any other
legal authorities.
``(k) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' has the meaning given the term in
section 211(o)(1)(G) (as in effect on the date of enactment
of this section).''.
SEC. 60113. CLIMATE POLLUTION REDUCTION GRANTS.
The Clean Air Act is amended by inserting after section 135
of such Act, as added by section 60112 of this Act, the
following:
``SEC. 136. GREENHOUSE GAS AIR POLLUTION PLANS AND
IMPLEMENTATION GRANTS.
``(a) Appropriations.--
``(1) Greenhouse gas air pollution planning grants.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to carry out subsection (b).
``(2) Greenhouse gas air pollution implementation grants.--
In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$4,750,000,000, to remain available until September 30, 2026,
to carry out subsection (c).
``(3) Administrative costs.--Of the funds made available
under paragraph (2), the Administrator shall reserve 3
percent for administrative costs necessary to carry out this
section, including providing technical assistance to eligible
entities, developing a plan that could be used as a model by
grantees in developing a plan under subsection (b), and
modeling the effects of plans described in this section.
``(b) Greenhouse Gas Air Pollution Planning Grants.--The
Administrator shall make a grant to at least one eligible
entity in each State for the costs of developing a plan for
the reduction of greenhouse gas air pollution to be submitted
with an application for a grant under subsection (c). Each
such plan shall include programs, policies, measures, and
projects that will achieve or facilitate the reduction of
greenhouse gas air pollution. Not later than 270 days after
the date of enactment of this section, the Administrator
shall publish a funding opportunity announcement for grants
under this subsection.
``(c) Greenhouse Gas Air Pollution Reduction Implementation
Grants.--
``(1) In general.--The Administrator shall competitively
award grants to eligible entities to implement plans
developed under subsection (b).
``(2) Application.--To apply for a grant under this
subsection, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator shall
require, which such application shall include information
regarding--
``(A) the degree to which greenhouse gas air pollution is
projected to be reduced, including with respect to low-income
and disadvantaged communities; and
``(B) the quantifiability, specificity, additionality,
permanence, and verifiability of such projected greenhouse
gas air pollution reduction.
``(3) Terms and conditions.--The Administrator shall make
funds available to a grantee under this subsection in such
amounts, upon such a schedule, and subject to such conditions
based on its performance in implementing its plan submitted
under this section and in achieving projected greenhouse gas
air pollution reduction, as determined by the Administrator.
``(d) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) an air pollution control agency;
``(C) a municipality;
``(D) an Indian tribe; and
``(E) a group of one or more entities listed in
subparagraphs (A) through (D).
``(2) Greenhouse gas.--The term `greenhouse gas' has the
meaning given the term in section 211(o)(1)(G) (as in effect
on the date of enactment of this section).''.
SEC. 60114. ENVIRONMENTAL PROTECTION AGENCY EFFICIENT,
ACCURATE, AND TIMELY REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $40,000,000, to remain available
until September 30, 2026, to provide for the development of
efficient, accurate, and timely reviews for permitting and
approval processes through the hiring and training of
personnel, the development of programmatic documents, the
procurement of technical or scientific services for reviews,
the development of environmental data or information systems,
stakeholder and community engagement, the purchase of new
equipment for environmental analysis, and the development of
geographic information systems and other analysis tools,
techniques, and guidance to improve agency transparency,
accountability, and public engagement.
SEC. 60115. LOW-EMBODIED CARBON LABELING FOR CONSTRUCTION
MATERIALS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2026,
for necessary administrative costs of the Administrator of
the Environmental Protection Agency to carry out this section
and to develop and carry out a program, in consultation with
the Administrator of the Federal Highway Administration for
construction materials used in transportation projects and
the Administrator of General Services for construction
materials used for Federal buildings, to identify and label
low-embodied carbon construction materials and products based
on--
(1) environmental product declarations;
(2) determinations of the California Department of General
Services Procurement Division, in consultation with the
California Air Resources Board; or
(3) determinations by other State agencies, as verified by
the Administrator of the Environmental Protection Agency.
(b) Definitions.--In this section:
(1) Embodied carbon.--The term ``embodied carbon'' means
the quantity of greenhouse gas (as defined in section
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G))
(as in effect on the date of enactment of this Act))
emissions associated with all relevant stages of production
of a material or product, measured in kilograms of carbon
dioxide-equivalent per unit of such material or product.
(2) Environmental product declaration.--The term
``environmental product declaration'' means a document that
reports the environmental impact of a material or product
that--
(A) includes measurement of the embodied carbon of the
material or product;
(B) conforms with international standards, such as a Type
III environmental product declaration as defined by the
International Organization for Standardization standard
14025; and
(C) is developed in accordance with any standardized
reporting criteria specified by the Administrator of the
Environmental Protection Agency.
(3) Low-embodied carbon construction materials and
products.--The term ``low-embodied carbon construction
materials and products'' means construction materials and
products identified by the Administrator of the Environmental
Protection Agency as having substantially lower levels of
embodied carbon as compared to estimated industry averages of
similar materials or products.
Subtitle B--Hazardous Materials
SEC. 60201. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
The Clean Air Act is amended by inserting after section
136, as added by subtitle A of this title, the following:
``SEC. 137. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated--
``(1) $2,800,000,000 to remain available until September
30, 2026, to award grants for the activities described in
subsection (b); and
``(2) $200,000,000 to remain available until September 30,
2026, to provide technical assistance to eligible entities
related to grants awarded under this section.
``(b) Grants.--
``(1) In general.--The Administrator shall use amounts made
available under subsection (a)(1) to award grants for periods
of up to 3 years to eligible entities to carry out activities
described in paragraph (2) that benefit disadvantaged
communities, as defined by the Administrator.
``(2) Eligible activities.--An eligible entity may use a
grant awarded under this subsection for--
``(A) community-led air and other pollution monitoring,
prevention, and remediation, and investments in low- and
zero-emission and resilient technologies and related
infrastructure and workforce development that help reduce
greenhouse gas (as defined in section 211(o)(1)(G) (as in
effect on the date of enactment of this section)) emissions
and other air pollutants;
``(B) mitigating climate and health risks from urban heat
islands, extreme heat, wood heater emissions, and wildfire
events;
``(C) climate resiliency and adaptation;
``(D) reducing indoor toxics and indoor air pollution; or
``(E) facilitating engagement of disadvantaged communities
in State and Federal public processes, including facilitating
such engagement in advisory groups, workshops, and
rulemakings.
``(3) Eligible entities.--In this subsection, the term
`eligible entity' means--
``(A) a partnership between--
``(i) an Indian tribe, a local government, or an
institution of higher education; and
``(ii) a community-based nonprofit organization;
``(B) a community-based nonprofit organization; or
``(C) a partnership of community-based nonprofit
organizations.
``(c) Administrative Costs.--The Administrator shall
reserve 7 percent of the amounts
[[Page S4225]]
made available under subsection (a) for administrative costs
to carry out this section.''.
______
SA 5204. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike sections 50121 through 50123 and insert the
following:
SEC. 50121. HOME ENERGY PERFORMANCE-BASED, WHOLE-HOUSE
REBATES.
(a) Appropriation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $4,300,000,000, to remain available through
September 30, 2031, to carry out a program to award grants to
State energy offices to develop and implement a HOMES rebate
program.
(2) Allocation of funds.--
(A) In general.--The Secretary shall reserve funds made
available under paragraph (1) for each State energy office--
(i) in accordance with the allocation formula for the State
Energy Program in effect on January 1, 2022; and
(ii) to be distributed to a State energy office if the
application of the State energy office under subsection (b)
is approved.
(B) Additional funds.--Not earlier than 2 years after the
date of enactment of this Act, any money reserved under
subparagraph (A) but not distributed under clause (ii) of
that subparagraph shall be redistributed to the State energy
offices operating a HOMES rebate program using a grant
received under this section in proportion to the amount
distributed to those State energy offices under subparagraph
(A)(ii).
(3) Administrative expenses.--Of the funds made available
under paragraph (1), the Secretary shall use not more than 3
percent for--
(A) administrative purposes; and
(B) providing technical assistance relating to activities
carried out under this section.
(b) Application.--A State energy office seeking a grant
under this section shall submit to the Secretary an
application that includes a plan to implement a HOMES rebate
program, including a plan--
(1) to use procedures, as approved by the Secretary, for
determining the reductions in home energy use resulting from
the implementation of a home energy efficiency retrofit that
is calibrated to historical energy usage for a home
consistent with BPI 2400, for purposes of modeled performance
home rebates;
(2) to use open-source advanced measurement and
verification software, as approved by the Secretary, for
determining and documenting the monthly and hourly (if
available) weather-normalized energy use of a home before and
after the implementation of a home energy efficiency
retrofit, for purposes of measured performance home rebates;
(3) to value savings based on time, location, or greenhouse
gas emissions;
(4) for quality monitoring to ensure that each home energy
efficiency retrofit for which a rebate is provided is
documented in a certificate that--
(A) is provided by the contractor and certified by a third
party to the homeowner; and
(B) details the work performed, the equipment and materials
installed, and the projected energy savings or energy
generation to support accurate valuation of the retrofit;
(5) to provide a contractor performing a home energy
efficiency retrofit or an aggregator who has the right to
claim a rebate $200 for each home located in an underserved
community that receives a home energy efficiency retrofit for
which a rebate is provided under the program; and
(6) to ensure that a homeowner or aggregator does not
receive a rebate for the same upgrade through both a HOMES
rebate program and any other Federal grant or rebate program,
pursuant to subsection (c)(8).
(c) HOMES Rebate Program.--
(1) In general.--A HOMES rebate program carried out by a
State energy office receiving a grant pursuant to this
section shall provide rebates to homeowners and aggregators
for whole-house energy saving retrofits begun on or after the
date of enactment of this Act and completed by not later than
September 30, 2031.
(2) Amount of rebate.--Subject to paragraph (3)(B), under a
HOMES rebate program, the amount of a rebate shall not
exceed--
(A) for individuals and aggregators carrying out energy
efficiency upgrades of single-family homes--
(i) in the case of a retrofit that achieves modeled energy
system savings of not less than 20 percent but less than 35
percent, the lesser of--
(I) $2,000; and
(II) 50 percent of the project cost;
(ii) in the case of a retrofit that achieves modeled energy
system savings of not less than 35 percent, the lesser of--
(I) $4,000; and
(II) 50 percent of the project cost; and
(iii) for measured energy savings, in the case of a home or
portfolio of homes that achieves energy savings of not less
than 15 percent--
(I) a payment rate per kilowatt hour saved, or kilowatt
hour-equivalent saved, equal to $2,000 for a 20 percent
reduction of energy use for the average home in the State; or
(II) 50 percent of the project cost;
(B) for multifamily building owners and aggregators
carrying out energy efficiency upgrades of multifamily
buildings--
(i) in the case of a retrofit that achieves modeled energy
system savings of not less than 20 percent but less than 35
percent, $2,000 per dwelling unit, with a maximum of $200,000
per multifamily building;
(ii) in the case of a retrofit that achieves modeled energy
system savings of not less than 35 percent, $4,000 per
dwelling unit, with a maximum of $400,000 per multifamily
building; or
(iii) for measured energy savings, in the case of a
multifamily building or portfolio of multifamily buildings
that achieves energy savings of not less than 15 percent--
(I) a payment rate per kilowatt hour saved, or kilowatt
hour-equivalent saved, equal to $2,000 for a 20 percent
reduction of energy use per dwelling unit for the average
multifamily building in the State; or
(II) 50 percent of the project cost; and
(C) for individuals and aggregators carrying out energy
efficiency upgrades of a single-family home occupied by a
low- or moderate-income household or a multifamily building
not less than 50 percent of the dwelling units of which are
occupied by low- or moderate-income households--
(i) in the case of a retrofit that achieves modeled energy
system savings of not less than 20 percent but less than 35
percent, the lesser of--
(I) $4,000 per single-family home or dwelling unit; and
(II) 80 percent of the project cost;
(ii) in the case of a retrofit that achieves modeled energy
system savings of not less than 35 percent, the lesser of--
(I) $8,000 per single-family home or dwelling unit; and
(II) 80 percent of the project cost; and
(iii) for measured energy savings, in the case of a single-
family home, multifamily building, or portfolio of single-
family homes or multifamily buildings that achieves energy
savings of not less than 15 percent--
(I) a payment rate per kilowatt hour saved, or kilowatt
hour-equivalent saved, equal to $4,000 for a 20 percent
reduction of energy use per single-family home or dwelling
unit, as applicable, for the average single-family home or
multifamily building in the State; or
(II) 80 percent of the project cost.
(3) Rebates to low- or moderate-income households.--
(A) In general.--A State energy office carrying out a HOMES
rebate program using a grant awarded pursuant to this section
is encouraged to provide rebates, to the maximum extent
practicable, to low- or moderate-income households.
(B) Increase in rebate amount.--On approval from the
Secretary, notwithstanding paragraph (2), a State energy
office carrying out a HOMES rebate program using a grant
awarded pursuant to this section may increase rebate amounts
for low- or moderate-income households.
(4) Use of funds.--A State energy office that receives a
grant pursuant to this section may use not more than 20
percent of the grant amount for planning, administration, or
technical assistance related to a HOMES rebate program.
(5) Data access guidelines.--The Secretary shall develop
and publish guidelines for States relating to residential
electric and natural gas energy data sharing.
(6) Coordination.--In carrying out this section, the
Secretary shall coordinate with State energy offices to
ensure that HOMES rebate programs for which grants are
provided under this section are developed to achieve maximum
greenhouse gas emissions reductions and household energy and
costs savings regardless of source energy.
(7) Exemption.--Activities carried out by a State energy
office using a grant awarded pursuant to this section shall
not be subject to the expenditure prohibitions and
limitations described in section 420.18 of title 10, Code of
Federal Regulations.
(8) Prohibition on combining rebates.--A rebate provided by
a State energy office under a HOMES rebate program may not be
combined with any other Federal grant or rebate for the same
single upgrade.
(d) Definitions.--In this section:
(1) HOMES rebate program.--The term ``HOMES rebate
program'' means a Home Owner Managing Energy Savings rebate
program established by a State energy office as part of an
approved State energy conservation plan under the State
Energy Program.
(2) Low- or moderate-income household.--The term ``low- or
moderate-income household'' means an individual or family the
total annual income of which is less than 80 percent of the
median income of the area in which the individual or family
resides, as reported by the Department of Housing and Urban
Development, including an individual or family that has
demonstrated eligibility for another Federal program with
income restrictions equal to or below 80 percent of area
median income.
(3) Underserved community.--The term ``underserved
community'' means--
(A) a community located in a ZIP code that includes 1 or
more census tracts that include--
(i) a low-income community; or
(ii) a community of racial or ethnic minority
concentration; and
[[Page S4226]]
(B) any other community that the Secretary determines is
disproportionately vulnerable to, or bears a disproportionate
burden of, any combination of economic, social, and
environmental stressors.
SEC. 50122. STATE-BASED HOME ENERGY EFFICIENCY CONTRACTOR
TRAINING GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $200,000,000, to remain available through
September 30, 2031, to carry out a program to provide
financial assistance to States to develop and implement a
State program described in section 362(d)(13) of the Energy
Policy and Conservation Act (42 U.S.C. 6322(d)(13)), which
shall provide training and education to contractors involved
in the installation of home energy efficiency and
electrification improvements, including improvements eligible
for rebates under a HOMES rebate program (as defined in
section 50121(d)), as part of an approved State energy
conservation plan under the State Energy Program.
(b) Use of Funds.--A State may use amounts received under
subsection (a)--
(1) to reduce the cost of training contractor employees;
(2) to provide testing and certification of contractors
trained and educated under a State program developed and
implemented pursuant to subsection (a); and
(3) to partner with nonprofit organizations to develop and
implement a State program pursuant to subsection (a).
(c) Administrative Expenses.--Of the amounts received by a
State under subsection (a), a State shall use not more than
10 percent for administrative expenses associated with
developing and implementing a State program pursuant to that
subsection.
______
SA 5205. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 50261 and all that follows through section
60201 and insert the following:
SEC. 50261. LEASE SALES UNDER THE 2017-2022 OUTER CONTINENTAL
SHELF LEASING PROGRAM.
(a) Definitions.--In this section:
(1) 2022 lease sales.--The term ``2022 Lease Sales'' means
each of the following lease sales described in the 2017-2022
Outer Continental Shelf Oil and Gas Leasing Proposed Final
Program published on November 18, 2016, and approved by the
Secretary in the Record of Decision issued on January 17,
2017, described in the notice of availability entitled
``Record of Decision for the 2017-2022 Outer Continental
Shelf Oil and Gas Leasing Program Final Programmatic
Environmental Impact Statement; MMAA104000'' (82 Fed. Reg.
6643 (January 19, 2017)):
(A) Lease Sale 258.
(B) Lease Sale 259.
(2) Lease sale 257.--The term ``Lease Sale 257'' means the
lease sale numbered 257 that was approved in the Record of
Decision described in the notice of availability of a record
of decision issued on August 31, 2021, entitled ``Gulf of
Mexico, Outer Continental Shelf (OCS), Oil and Gas Lease Sale
257'' (86 Fed. Reg. 50160 (September 7, 2021)), and is the
subject of the final notice of sale entitled ``Gulf of Mexico
Outer Continental Shelf Oil and Gas Lease Sale 257'' (86 Fed.
Reg. 54728 (October 4, 2021)).
(3) Lease sale 261.--The term ``Lease Sale 261'' means the
lease sale numbered 261 described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program
published on November 18, 2016, and approved by the Secretary
in the Record of Decision issued on January 17, 2017,
described in the notice of availability entitled ``Record of
Decision for the 2017-2022 Outer Continental Shelf Oil and
Gas Leasing Program Final Programmatic Environmental Impact
Statement; MMAA104000'' (82 Fed. Reg. 6643 (January 19,
2017)).
(b) Lease Sale 257 Reinstatement.--
(1) Acceptance of bids.--Not later 30 days after the date
of enactment of this Act, the Secretary shall, without
modification or delay--
(A) accept the highest valid bid for each tract or bidding
unit of Lease Sale 257 for which a valid bid was received on
November 17, 2021; and
(B) provide the appropriate lease form to the winning
bidder to execute and return.
(2) Lease issuance.--On receipt of an executed lease form
under paragraph (1)(B) and payment of the rental for the
first year, the balance of the bonus bid (unless deferred),
and any required bond or security from the high bidder, the
Secretary shall promptly issue to the high bidder a fully
executed lease, in accordance with--
(A) the regulations in effect on the date of Lease Sale
257; and
(B) the terms and conditions of the final notice of sale
entitled ``Gulf of Mexico Outer Continental Shelf Oil and Gas
Lease Sale 257'' (86 Fed. Reg. 54728 (October 4, 2021)).
(c) Requirement for 2022 Lease Sales.--Notwithstanding the
expiration of the 2017-2022 leasing program, not later than
December 31, 2022, the Secretary shall conduct the 2022 Lease
Sales in accordance with the Record of Decision approved by
the Secretary on January 17, 2017, described in the notice of
availability entitled ``Record of Decision for the 2017-2022
Outer Continental Shelf Oil and Gas Leasing Program Final
Programmatic Environmental Impact Statement; MMAA104000''
issued on January 17, 2017 (82 Fed. Reg. 6643 (January 19,
2017)).
(d) Requirement for Lease Sale 261.--Notwithstanding the
expiration of the 2017-2022 leasing program, not later than
September 30, 2023, the Secretary shall conduct Lease Sale
261 in accordance with the Record of Decision approved by the
Secretary on January 17, 2017, described in the notice of
availability entitled ``Record of Decision for the 2017-2022
Outer Continental Shelf Oil and Gas Leasing Program Final
Programmatic Environmental Impact Statement; MMAA104000''
issued on January 17, 2017 (82 Fed. Reg. 6643 (January 19,
2017)).
SEC. 50262. ENSURING ENERGY SECURITY.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means public
lands (as defined in section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702)).
(2) Offshore lease sale.--The term ``offshore lease sale''
means an oil and gas lease sale--
(A) that is held by the Secretary in accordance with the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
and
(B) that, if any acceptable bids have been received for any
tract offered in the lease sale, results in the issuance of a
lease.
(3) Onshore lease sale.--The term ``onshore lease sale''
means a quarterly oil and gas lease sale--
(A) that is held by the Secretary in accordance with
section 17 of the Mineral Leasing Act (30 U.S.C. 226); and
(B) that, if any acceptable bids have been received for any
parcel offered in the lease sale, results in the issuance of
a lease.
(b) Limitation on Issuance of Certain Leases or Rights-of-
way.--During the 10-year period beginning on the date of
enactment of this Act--
(1) the Secretary may not issue a right-of-way for wind or
solar energy development on Federal land unless--
(A) an onshore lease sale has been held during the 120-day
period ending on the date of the issuance of the right-of-way
for wind or solar energy development; and
(B) the sum total of acres offered for lease in onshore
lease sales during the 1-year period ending on the date of
the issuance of the right-of-way for wind or solar energy
development is not less than the lesser of--
(i) 2,000,000 acres; and
(ii) 50 percent of the acreage for which expressions of
interest have been submitted for lease sales during that
period; and
(2) the Secretary may not issue a lease for offshore wind
development under section 8(p)(1)(C) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) unless--
(A) an offshore lease sale has been held during the 1-year
period ending on the date of the issuance of the lease for
offshore wind development; and
(B) the sum total of acres offered for lease in offshore
lease sales during the 1-year period ending on the date of
the issuance of the lease for offshore wind development is
not less than 60,000,000 acres.
(c) Savings.--Except as expressly provided in paragraphs
(1) and (2) of subsection (b), nothing in this section
supersedes, amends, or modifies existing law.
PART 7--UNITED STATES GEOLOGICAL SURVEY
SEC. 50271. UNITED STATES GEOLOGICAL SURVEY 3D ELEVATION
PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Secretary, acting through the Director of
the United States Geological Survey, for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$23,500,000, to remain available through September 30, 2031,
to produce, collect, disseminate, and use 3D elevation data.
PART 8--OTHER NATURAL RESOURCES MATTERS
SEC. 50281. DEPARTMENT OF THE INTERIOR OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$10,000,000, to remain available through September 30, 2031,
for oversight by the Department of the Interior Office of
Inspector General of the Department of the Interior
activities for which funding is appropriated in this
subtitle.
Subtitle C--Environmental Reviews
SEC. 50301. DEPARTMENT OF ENERGY.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Energy for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$125,000,000, to remain available through September 30, 2031,
to provide for the hiring and training of personnel, the
development of programmatic environmental documents, the
procurement of technical or scientific services for
environmental reviews, the development of environmental data
or information systems, stakeholder and community engagement,
and the purchase of new equipment for environmental analysis
to facilitate timely and efficient environmental reviews and
authorizations.
SEC. 50302. FEDERAL ENERGY REGULATORY COMMISSION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Federal Energy
Regulatory Commission for fiscal year 2022, out of any money
in the
[[Page S4227]]
Treasury not otherwise appropriated, $100,000,000, to remain
available through September 30, 2031, to provide for the
hiring and training of personnel, the development of
programmatic environmental documents, the procurement of
technical or scientific services for environmental reviews,
the development of environmental data or information systems,
stakeholder and community engagement, and the purchase of new
equipment for environmental analysis to facilitate timely and
efficient environmental reviews and authorizations.
(b) Fees and Charges.--Section 3401(a) of the Omnibus
Budget Reconciliation Act of 1986 (42 U.S.C. 7178(a)) shall
not apply to the costs incurred by the Federal Energy
Regulatory Commission in carrying out this section.
SEC. 50303. DEPARTMENT OF THE INTERIOR.
In addition to amounts otherwise available, there is
appropriated to the Secretary of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $150,000,000, to remain available through
September 30, 2026, to provide for the hiring and training of
personnel, the development of programmatic environmental
documents, the procurement of technical or scientific
services for environmental reviews, the development of
environmental data or information systems, stakeholder and
community engagement, and the purchase of new equipment for
environmental analysis to facilitate timely and efficient
environmental reviews and authorizations by the National Park
Service, the Bureau of Land Management, the Bureau of Ocean
Energy Management, the Bureau of Reclamation, the Bureau of
Safety and Environmental Enforcement, and the Office of
Surface Mining Reclamation and Enforcement.
TITLE VI--COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
Subtitle A--Air Pollution
SEC. 60101. CLEAN HEAVY-DUTY VEHICLES.
The Clean Air Act is amended by inserting after section 131
of such Act (42 U.S.C. 7431) the following:
``SEC. 132. CLEAN HEAVY-DUTY VEHICLES.
``(a) Appropriations.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $600,000,000, to remain available
until September 30, 2031, to carry out this section.
``(2) Nonattainment areas.--In addition to amounts
otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $400,000,000, to remain
available until September 30, 2031, to make awards under this
section to eligible recipients and to eligible contractors
that propose to replace eligible vehicles to serve 1 or more
communities located in an air quality area designated
pursuant to section 107 as nonattainment for any air
pollutant.
``(3) Reservation.--Of the funds appropriated by paragraph
(1), the Administrator shall reserve 3 percent for
administrative costs necessary to carry out this section.
``(b) Program.--Beginning not later than 180 days after the
date of enactment of this section, the Administrator shall
implement a program to make awards of grants and rebates to
eligible recipients, and to make awards of contracts to
eligible contractors for providing rebates, for up to 100
percent of costs for--
``(1) the incremental costs of replacing an eligible
vehicle that is not a zero-emission vehicle with a zero-
emission vehicle, as determined by the Administrator based on
the market value of the vehicles;
``(2) purchasing, installing, operating, and maintaining
infrastructure needed to charge, fuel, or maintain zero-
emission vehicles;
``(3) workforce development and training to support the
maintenance, charging, fueling, and operation of zero-
emission vehicles; and
``(4) planning and technical activities to support the
adoption and deployment of zero-emission vehicles.
``(c) Applications.--To seek an award under this section,
an eligible recipient or eligible contractor shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the Administrator
shall prescribe.
``(d) Definitions.--For purposes of this section:
``(1) Eligible contractor.--The term `eligible contractor'
means a contractor that has the capacity--
``(A) to sell, lease, license, or contract for service
zero-emission vehicles, or charging or other equipment needed
to charge, fuel, or maintain zero-emission vehicles, to
individuals or entities that own, lease, license, or contract
for service an eligible vehicle; or
``(B) to arrange financing for such a sale, lease, license,
or contract for service.
``(2) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State;
``(B) a municipality;
``(C) an Indian tribe; or
``(D) a nonprofit school transportation association.
``(3) Eligible vehicle.--The term `eligible vehicle' means
a Class 6 or Class 7 heavy-duty vehicle as defined in section
1037.801 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this section).
``(4) Zero-emission vehicle.--The term `zero-emission
vehicle' means a vehicle that has a drivetrain that produces,
under any possible operational mode or condition, zero
exhaust emissions of--
``(A) any air pollutant that is listed pursuant to section
108(a) (or any precursor to such an air pollutant); and
``(B) any greenhouse gas (as defined in section
211(o)(1)(G) (as in effect on the date of enactment of this
section)).''.
SEC. 60102. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
The Clean Air Act is amended by inserting after section 132
of such Act, as added by section 60101 of this Act, the
following:
``SEC. 133. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
``(a) Appropriations.--
``(1) General assistance.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $2,250,000,000, to remain available
until September 30, 2027, to award rebates and grants to
eligible recipients on a competitive basis--
``(A) to purchase or install zero-emission port equipment
or technology for use at, or to directly serve, one or more
ports;
``(B) to conduct any relevant planning or permitting in
connection with the purchase or installation of such zero-
emission port equipment or technology; and
``(C) to develop qualified climate action plans.
``(2) Nonattainment areas.--In addition to amounts
otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $750,000,000, to remain
available until September 30, 2027, to award rebates and
grants to eligible recipients to carry out activities
described in paragraph (1) with respect to ports located in
air quality areas designated pursuant to section 107 as
nonattainment for an air pollutant.
``(b) Limitation.--Funds awarded under this section shall
not be used by any recipient or subrecipient to purchase or
install zero-emission port equipment or technology that will
not be located at, or directly serve, the one or more ports
involved.
``(c) Administration of Funds.--Of the funds made available
by this section, the Administrator shall reserve 2 percent
for administrative costs necessary to carry out this section.
``(d) Definitions.--In this section:
``(1) Eligible recipient.--The term `eligible recipient'
means--
``(A) a port authority;
``(B) a State, regional, local, or Tribal agency that has
jurisdiction over a port authority or a port;
``(C) an air pollution control agency; or
``(D) a private entity (including a nonprofit organization)
that--
``(i) applies for a grant under this section in partnership
with an entity described in any of subparagraphs (A) through
(C); and
``(ii) owns, operates, or uses the facilities, cargo-
handling equipment, transportation equipment, or related
technology of a port.
``(2) Greenhouse gas.--The term `greenhouse gas' has the
meaning given the term in section 211(o)(1)(G) (as in effect
on the date of enactment of this section).
``(3) Qualified climate action plan.--The term `qualified
climate action plan' means a detailed and strategic plan
that--
``(A) establishes goals, implementation strategies, and
accounting and inventory practices (including practices used
to measure progress toward stated goals) to reduce emissions
at one or more ports of--
``(i) greenhouse gases;
``(ii) an air pollutant that is listed pursuant to section
108(a) (or any precursor to such an air pollutant); and
``(iii) hazardous air pollutants;
``(B) includes a strategy to collaborate with, communicate
with, and address potential effects on stakeholders that may
be affected by implementation of the plan, including low-
income and disadvantaged near-port communities; and
``(C) describes how an eligible recipient has implemented
or will implement measures to increase the resilience of the
one or more ports involved, including measures related to
withstanding and recovering from extreme weather events.
``(4) Zero-emission port equipment or technology.--The term
`zero-emission port equipment or technology' means human-
operated equipment or human-maintained technology that--
``(A) produces zero emissions of any air pollutant that is
listed pursuant to section 108(a) (or any precursor to such
an air pollutant) and any greenhouse gas other than water
vapor; or
``(B) captures 100 percent of the emissions described in
subparagraph (A) that are produced by an ocean-going vessel
at berth.''.
SEC. 60103. GREENHOUSE GAS REDUCTION FUND.
The Clean Air Act is amended by inserting after section 133
of such Act, as added by section 60102 of this Act, the
following:
``SEC. 134. GREENHOUSE GAS REDUCTION FUND.
``(a) Appropriations.--
``(1) Zero-emission technologies.--In addition to amounts
otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $7,000,000,000, to
remain available until September 30, 2024, to make grants, on
a competitive basis and beginning not later than 180 calendar
days after the date of enactment of this section,
[[Page S4228]]
to States, municipalities, Tribal governments, and eligible
recipients for the purposes of providing grants, loans, or
other forms of financial assistance, as well as technical
assistance, to enable low-income and disadvantaged
communities to deploy or benefit from zero-emission
technologies, including distributed technologies on
residential rooftops, and to carry out other greenhouse gas
emission reduction activities, as determined appropriate by
the Administrator in accordance with this section.
``(2) General assistance.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $11,970,000,000, to remain available
until September 30, 2024, to make grants, on a competitive
basis and beginning not later than 180 calendar days after
the date of enactment of this section, to eligible recipients
for the purposes of providing financial assistance and
technical assistance in accordance with subsection (b).
``(3) Low-income and disadvantaged communities.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$8,000,000,000, to remain available until September 30, 2024,
to make grants, on a competitive basis and beginning not
later than 180 calendar days after the date of enactment of
this section, to eligible recipients for the purposes of
providing financial assistance and technical assistance in
low-income and disadvantaged communities in accordance with
subsection (b).
``(4) Administrative costs.--In addition to amounts
otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $30,000,000, to remain
available until September 30, 2031, for the administrative
costs necessary to carry out activities under this section.
``(b) Use of Funds.--An eligible recipient that receives a
grant pursuant to subsection (a) shall use the grant in
accordance with the following:
``(1) Direct investment.--The eligible recipient shall--
``(A) provide financial assistance to qualified projects at
the national, regional, State, and local levels;
``(B) prioritize investment in qualified projects that
would otherwise lack access to financing; and
``(C) retain, manage, recycle, and monetize all repayments
and other revenue received from fees, interest, repaid loans,
and all other types of financial assistance provided using
grant funds under this section to ensure continued
operability.
``(2) Indirect investment.--The eligible recipient shall
provide funding and technical assistance to establish new or
support existing public, quasi-public, not-for-profit, or
nonprofit entities that provide financial assistance to
qualified projects at the State, local, territorial, or
Tribal level or in the District of Columbia, including
community- and low-income-focused lenders and capital
providers.
``(c) Definitions.--In this section:
``(1) Eligible recipient.--The term `eligible recipient'
means a nonprofit organization that--
``(A) is designed to provide capital, including by
leveraging private capital, and other forms of financial
assistance for the rapid deployment of low- and zero-emission
products, technologies, and services;
``(B) does not take deposits other than deposits from
repayments and other revenue received from financial
assistance provided using grant funds under this section;
``(C) is funded by public or charitable contributions; and
``(D) invests in or finances projects alone or in
conjunction with other investors.
``(2) Greenhouse gas.--The term `greenhouse gas' has the
meaning given the term in section 211(o)(1)(G) (as in effect
on the date of enactment of this section).
``(3) Qualified project.--The term `qualified project'
includes any project, activity, or technology that--
``(A) reduces or avoids greenhouse gas emissions and other
forms of air pollution in partnership with, and by leveraging
investment from, the private sector; or
``(B) assists communities in the efforts of those
communities to reduce or avoid greenhouse gas emissions and
other forms of air pollution.
``(4) Publicly available equipment.--The term `publicly
available equipment' means equipment that--
``(A) is located at a multi-unit housing structure;
``(B) is located at a workplace and is available to
employees of such workplace or employees of a nearby
workplace; or
``(C) is at a location that is publicly accessible for a
minimum of 12 hours per day at least 5 days per week and
networked or otherwise capable of being monitored remotely.
``(5) Zero-emission technology.--The term `zero-emission
technology' means any technology that produces zero emissions
of--
``(A) any air pollutant that is listed pursuant to section
108(a) (or any precursor to such an air pollutant); and
``(B) any greenhouse gas.''.
SEC. 60104. DIESEL EMISSIONS REDUCTIONS.
(a) Goods Movement.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$60,000,000, to remain available until September 30, 2031,
for grants, rebates, and loans under section 792 of the
Energy Policy Act of 2005 (42 U.S.C. 16132) to identify and
reduce diesel emissions resulting from goods movement
facilities, and vehicles servicing goods movement facilities,
in low-income and disadvantaged communities to address the
health impacts of such emissions on such communities.
(b) Administrative Costs.--The Administrator of the
Environmental Protection Agency shall reserve 2 percent of
the amounts made available under this section for the
administrative costs necessary to carry out activities
pursuant to this section.
SEC. 60105. FUNDING TO ADDRESS AIR POLLUTION.
(a) Fenceline Air Monitoring and Screening Air
Monitoring.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$117,500,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405) to deploy, integrate,
support, and maintain fenceline air monitoring, screening air
monitoring, national air toxics trend stations, and other air
toxics and community monitoring.
(b) Multipollutant Monitoring Stations.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available
until September 30, 2031, for grants and other activities
authorized under subsections (a) through (c) of section 103
and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c),
7405)--
(1) to expand the national ambient air quality monitoring
network with new multipollutant monitoring stations; and
(2) to replace, repair, operate, and maintain existing
monitors.
(c) Air Quality Sensors in Low-income and Disadvantaged
Communities.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$3,000,000, to remain available until September 30, 2031, for
grants and other activities authorized under subsections (a)
through (c) of section 103 and section 105 of the Clean Air
Act (42 U.S.C. 7403(a)-(c), 7405) to deploy, integrate, and
operate air quality sensors in low-income and disadvantaged
communities.
(d) Emissions From Wood Heaters.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $15,000,000, to remain available
until September 30, 2031, for grants and other activities
authorized under subsections (a) through (c) of section 103
and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c),
7405) for testing and other agency activities to address
emissions from wood heaters.
(e) Methane Monitoring.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405) for monitoring
emissions of methane.
(f) Clean Air Act Grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$25,000,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405).
(g) Other Activities.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$45,000,000, to remain available until September 30, 2031, to
carry out, with respect to greenhouse gases, sections 111,
115, 165, 177, 202, 211, 213, 231, and 612 of the Clean Air
Act (42 U.S.C. 7411, 7415, 7475, 7507, 7521, 7545, 7547,
7571, and 7671k).
(h) Greenhouse Gas and Zero-emission Standards for Mobile
Sources.--In addition to amounts otherwise available, there
is appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2031, to provide grants
to States to adopt and implement greenhouse gas and zero-
emission standards for mobile sources pursuant to section 177
of the Clean Air Act (42 U.S.C. 7507).
(i) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' has the meaning given the term in
section 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
7545(o)(1)(G)) (as in effect on the date of enactment of this
Act).
[[Page S4229]]
SEC. 60106. FUNDING TO ADDRESS AIR POLLUTION AT SCHOOLS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$37,500,000, to remain available until September 30, 2031,
for grants and other activities to monitor and reduce air
pollution and greenhouse gas (as defined in section
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G))
(as in effect on the date of enactment of this Act))
emissions at schools in low-income and disadvantaged
communities under subsections (a) through (c) of section 103
of the Clean Air Act (42 U.S.C. 7403(a)-(c)) and section 105
of that Act (42 U.S.C. 7405).
(b) Technical Assistance.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$12,500,000, to remain available until September 30, 2031,
for providing technical assistance to schools in low-income
and disadvantaged communities under subsections (a) through
(c) of section 103 of the Clean Air Act (42 U.S.C. 7403(a)-
(c)) and section 105 of that Act (42 U.S.C. 7405)--
(1) to address environmental issues;
(2) to develop school environmental quality plans that
include standards for school building, design, construction,
and renovation; and
(3) to identify and mitigate ongoing air pollution hazards.
SEC. 60107. LOW EMISSIONS ELECTRICITY PROGRAM.
The Clean Air Act is amended by inserting after section 134
of such Act, as added by section 60103 of this Act, the
following:
``SEC. 135. LOW EMISSIONS ELECTRICITY PROGRAM.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, to remain available until September
30, 2031--
``(1) $17,000,000 for consumer-related education and
partnerships with respect to reductions in greenhouse gas
emissions that result from domestic electricity generation
and use;
``(2) $17,000,000 for education, technical assistance, and
partnerships within low-income and disadvantaged communities
with respect to reductions in greenhouse gas emissions that
result from domestic electricity generation and use;
``(3) $17,000,000 for industry-related outreach and
technical assistance, including through partnerships, with
respect to reductions in greenhouse gas emissions that result
from domestic electricity generation and use;
``(4) $17,000,000 for outreach and technical assistance to
State, Tribal, and local governments, including through
partnerships, with respect to reductions in greenhouse gas
emissions that result from domestic electricity generation
and use;
``(5) $1,000,000 to assess, not later than 1 year after the
date of enactment of this section, the reductions in
greenhouse gas emissions that result from changes in domestic
electricity generation and use that are anticipated to occur
on an annual basis through fiscal year 2031; and
``(6) $18,000,000 to carry out this section to ensure that
reductions in greenhouse gas emissions from domestic
electricity generation and use are achieved through use of
the authorities of this Act, including through the
establishment of requirements under this Act, incorporating
the assessment under paragraph (5) as a baseline.
``(b) Administration of Funds.--Of the amounts made
available under subsection (a), the Administrator shall
reserve 2 percent for the administrative costs necessary to
carry out activities pursuant to that subsection.
``(c) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' has the meaning given the term in
section 211(o)(1)(G) (as in effect on the date of enactment
of this section).''.
SEC. 60108. FUNDING FOR SECTION 211(O) OF THE CLEAN AIR ACT.
(a) Test and Protocol Development.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $5,000,000, to remain available until
September 30, 2031, to carry out section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) with respect to--
(1) the development and establishment of tests and
protocols regarding the environmental and public health
effects of a fuel or fuel additive;
(2) internal and extramural data collection and analyses to
regularly update applicable regulations, guidance, and
procedures for determining lifecycle greenhouse gas emissions
of a fuel; and
(3) the review, analysis and evaluation of the impacts of
all transportation fuels, including fuel lifecycle
implications, on the general public and on low-income and
disadvantaged communities.
(b) Investments in Advanced Biofuels.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
until September 30, 2031, for new grants to industry and
other related activities under section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) to support investments in
advanced biofuels.
(c) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' has the meaning given the term in
section 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
7545(o)(1)(G)) (as in effect on the date of enactment of this
Act).
SEC. 60109. FUNDING FOR IMPLEMENTATION OF THE AMERICAN
INNOVATION AND MANUFACTURING ACT.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2026, to
carry out subsections (a) through (i) and subsection (k) of
section 103 of division S of Public Law 116-260 (42 U.S.C.
7675).
(2) Implementation and compliance tools.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000, to remain available until
September 30, 2026, to deploy new implementation and
compliance tools to carry out subsections (a) through (i) and
subsection (k) of section 103 of division S of Public Law
116-260 (42 U.S.C. 7675).
(3) Competitive grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until September 30, 2026,
for competitive grants for reclaim and innovative destruction
technologies under subsections (a) through (i) and subsection
(k) of section 103 of division S of Public Law 116-260 (42
U.S.C. 7675).
(b) Administration of Funds.--Of the funds made available
pursuant to subsection (a)(3), the Administrator of the
Environmental Protection Agency shall reserve 5 percent for
administrative costs necessary to carry out activities
pursuant to such subsection.
SEC. 60110. FUNDING FOR ENFORCEMENT TECHNOLOGY AND PUBLIC
INFORMATION.
(a) Compliance Monitoring.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $18,000,000, to remain available
until September 30, 2031, to update the Integrated Compliance
Information System of the Environmental Protection Agency and
any associated systems, necessary information technology
infrastructure, or public access software tools to ensure
access to compliance data and related information.
(b) Communications With ICIS.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000, to remain available until
September 30, 2031, for grants to States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)) to update
their systems to ensure communication with the Integrated
Compliance Information System of the Environmental Protection
Agency and any associated systems.
(c) Inspection Software.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$4,000,000, to remain available until September 30, 2031--
(1) to acquire or update inspection software for use by the
Environmental Protection Agency, States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)); or
(2) to acquire necessary devices on which to run such
inspection software.
SEC. 60111. GREENHOUSE GAS CORPORATE REPORTING.
In addition to amounts otherwise available, there is
appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2031, for the
Environmental Protection Agency to support--
(1) enhanced standardization and transparency of corporate
climate action commitments and plans to reduce greenhouse gas
(as defined in section 211(o)(1)(G) of the Clean Air Act (42
U.S.C. 7545(o)(1)(G)) (as in effect on the date of enactment
of this Act)) emissions;
(2) enhanced transparency regarding progress toward meeting
such commitments and implementing such plans; and
(3) progress toward meeting such commitments and
implementing such plans.
SEC. 60112. ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to develop and
[[Page S4230]]
carry out a program to support the development, and enhanced
standardization and transparency, of environmental product
declarations for construction materials and products,
including by--
(1) providing grants to businesses that manufacture
construction materials and products for developing and
verifying environmental product declarations, and to States,
Indian Tribes, and nonprofit organizations that will support
such businesses;
(2) providing technical assistance to businesses that
manufacture construction materials and products in developing
and verifying environmental product declarations, and to
States, Indian Tribes, and nonprofit organizations that will
support such businesses; and
(3) carrying out other activities that assist in measuring,
reporting, and steadily reducing the quantity of embodied
carbon of construction materials and products.
(b) Administrative Costs.--Of the amounts made available
under this section, the Administrator of the Environmental
Protection Agency shall reserve 5 percent for administrative
costs necessary to carry out this section.
(c) Definitions.--In this section:
(1) Embodied carbon.--The term ``embodied carbon'' means
the quantity of greenhouse gas (as defined in section
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G))
(as in effect on the date of enactment of this Act))
emissions associated with all relevant stages of production
of a material or product, measured in kilograms of carbon
dioxide-equivalent per unit of such material or product.
(2) Environmental product declaration.--The term
``environmental product declaration'' means a document that
reports the environmental impact of a material or product
that--
(A) includes measurement of the embodied carbon of the
material or product;
(B) conforms with international standards, such as a Type
III environmental product declaration, as defined by the
International Organization for Standardization standard
14025; and
(C) is developed in accordance with any standardized
reporting criteria specified by the Administrator of the
Environmental Protection Agency.
(3) State.--The term ``State'' has the meaning given to
that term in section 302(d) of the Clean Air Act (42 U.S.C.
7602(d)).
SEC. 60113. CLIMATE POLLUTION REDUCTION GRANTS.
The Clean Air Act is amended by inserting after section 135
of such Act, as added by section 60107 of this Act, the
following:
``SEC. 136. GREENHOUSE GAS AIR POLLUTION PLANS AND
IMPLEMENTATION GRANTS.
``(a) Appropriations.--
``(1) Greenhouse gas air pollution planning grants.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to carry out subsection (b).
``(2) Greenhouse gas air pollution implementation grants.--
In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$4,750,000,000, to remain available until September 30, 2026,
to carry out subsection (c).
``(3) Administrative costs.--Of the funds made available
under paragraph (2), the Administrator shall reserve 3
percent for administrative costs necessary to carry out this
section, including providing technical assistance to eligible
entities, developing a plan that could be used as a model by
grantees in developing a plan under subsection (b), and
modeling the effects of plans described in this section.
``(b) Greenhouse Gas Air Pollution Planning Grants.--The
Administrator shall make a grant to at least one eligible
entity in each State for the costs of developing a plan for
the reduction of greenhouse gas air pollution to be submitted
with an application for a grant under subsection (c). Each
such plan shall include programs, policies, measures, and
projects that will achieve or facilitate the reduction of
greenhouse gas air pollution. Not later than 270 days after
the date of enactment of this section, the Administrator
shall publish a funding opportunity announcement for grants
under this subsection.
``(c) Greenhouse Gas Air Pollution Reduction Implementation
Grants.--
``(1) In general.--The Administrator shall competitively
award grants to eligible entities to implement plans
developed under subsection (b).
``(2) Application.--To apply for a grant under this
subsection, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator shall
require, which such application shall include information
regarding--
``(A) the degree to which greenhouse gas air pollution is
projected to be reduced, including with respect to low-income
and disadvantaged communities; and
``(B) the quantifiability, specificity, additionality,
permanence, and verifiability of such projected greenhouse
gas air pollution reduction.
``(3) Terms and conditions.--The Administrator shall make
funds available to a grantee under this subsection in such
amounts, upon such a schedule, and subject to such conditions
based on its performance in implementing its plan submitted
under this section and in achieving projected greenhouse gas
air pollution reduction, as determined by the Administrator.
``(d) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) an air pollution control agency;
``(C) a municipality;
``(D) an Indian tribe; and
``(E) a group of one or more entities listed in
subparagraphs (A) through (D).
``(2) Greenhouse gas.--The term `greenhouse gas' has the
meaning given the term in section 211(o)(1)(G) (as in effect
on the date of enactment of this section).''.
SEC. 60114. ENVIRONMENTAL PROTECTION AGENCY EFFICIENT,
ACCURATE, AND TIMELY REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $40,000,000, to remain available
until September 30, 2026, to provide for the development of
efficient, accurate, and timely reviews for permitting and
approval processes through the hiring and training of
personnel, the development of programmatic documents, the
procurement of technical or scientific services for reviews,
the development of environmental data or information systems,
stakeholder and community engagement, the purchase of new
equipment for environmental analysis, and the development of
geographic information systems and other analysis tools,
techniques, and guidance to improve agency transparency,
accountability, and public engagement.
SEC. 60115. LOW-EMBODIED CARBON LABELING FOR CONSTRUCTION
MATERIALS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2026,
for necessary administrative costs of the Administrator of
the Environmental Protection Agency to carry out this section
and to develop and carry out a program, in consultation with
the Administrator of the Federal Highway Administration for
construction materials used in transportation projects and
the Administrator of General Services for construction
materials used for Federal buildings, to identify and label
low-embodied carbon construction materials and products based
on--
(1) environmental product declarations;
(2) determinations of the California Department of General
Services Procurement Division, in consultation with the
California Air Resources Board; or
(3) determinations by other State agencies, as verified by
the Administrator of the Environmental Protection Agency.
(b) Definitions.--In this section:
(1) Embodied carbon.--The term ``embodied carbon'' means
the quantity of greenhouse gas (as defined in section
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G))
(as in effect on the date of enactment of this Act))
emissions associated with all relevant stages of production
of a material or product, measured in kilograms of carbon
dioxide-equivalent per unit of such material or product.
(2) Environmental product declaration.--The term
``environmental product declaration'' means a document that
reports the environmental impact of a material or product
that--
(A) includes measurement of the embodied carbon of the
material or product;
(B) conforms with international standards, such as a Type
III environmental product declaration as defined by the
International Organization for Standardization standard
14025; and
(C) is developed in accordance with any standardized
reporting criteria specified by the Administrator of the
Environmental Protection Agency.
(3) Low-embodied carbon construction materials and
products.--The term ``low-embodied carbon construction
materials and products'' means construction materials and
products identified by the Administrator of the Environmental
Protection Agency as having substantially lower levels of
embodied carbon as compared to estimated industry averages of
similar materials or products.
Subtitle B--Hazardous Materials
SEC. 60201. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
The Clean Air Act is amended by inserting after section
136, as added by subtitle A of this title, the following:
``SEC. 137. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated--
``(1) $2,800,000,000 to remain available until September
30, 2026, to award grants for the activities described in
subsection (b); and
``(2) $200,000,000 to remain available until September 30,
2026, to provide technical assistance to eligible entities
related to grants awarded under this section.
``(b) Grants.--
[[Page S4231]]
``(1) In general.--The Administrator shall use amounts made
available under subsection (a)(1) to award grants for periods
of up to 3 years to eligible entities to carry out activities
described in paragraph (2) that benefit disadvantaged
communities, as defined by the Administrator.
``(2) Eligible activities.--An eligible entity may use a
grant awarded under this subsection for--
``(A) community-led air and other pollution monitoring,
prevention, and remediation, and investments in low- and
zero-emission and resilient technologies and related
infrastructure and workforce development that help reduce
greenhouse gas (as defined in section 211(o)(1)(G) (as in
effect on the date of enactment of this section)) emissions
and other air pollutants;
``(B) mitigating climate and health risks from urban heat
islands, extreme heat, wood heater emissions, and wildfire
events;
``(C) climate resiliency and adaptation;
``(D) reducing indoor toxics and indoor air pollution; or
``(E) facilitating engagement of disadvantaged communities
in State and Federal public processes, including facilitating
such engagement in advisory groups, workshops, and
rulemakings.
``(3) Eligible entities.--In this subsection, the term
`eligible entity' means--
``(A) a partnership between--
``(i) an Indian tribe, a local government, or an
institution of higher education; and
``(ii) a community-based nonprofit organization;
``(B) a community-based nonprofit organization; or
``(C) a partnership of community-based nonprofit
organizations.
``(c) Administrative Costs.--The Administrator shall
reserve 7 percent of the amounts made available under
subsection (a) for administrative costs to carry out this
section.''.
______
SA 5206. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. LIMITATION ON OBLIGATION OR EXPENDITURE OF FUNDS.
(a) In General.--None of the amounts made available under
this Act, or an amendment made by this Act, may be obligated
or expended until the date on which all amounts described in
subsection (b) have been expended.
(b) Amounts.--The amounts described in this subsection are
amounts made available under--
(1) the American Rescue Plan Act of 2021 (Public Law 117-2;
135 Stat. 4);
(2) the Families First Coronavirus Response Act (Public Law
116-127; 134 Stat. 178);
(3) the CARES Act (Public Law 116-136; 134 Stat. 281);
(4) the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139; 134 Stat. 620);
(5) division M or N of the Consolidated Appropriations Act,
2021 (Public Law 116-260; 134 Stat. 1909); or
(6) an amendment made by an Act or division described in
paragraphs (1) through (5).
______
SA 5207. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of title I, insert the following:
Subtitle E--Health Savings Accounts
SEC. 14001. INCREASE IN CONTRIBUTION LIMITATIONS.
(a) In General.--Subsection (b) of section 223 of the
Internal Revenue Code of 1986 is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--The amount allowable as a deduction
under subsection (a) to an individual for the taxable year
shall not exceed--
``(A) in the case of an eligible individual who has self-
only coverage under a high deductible health plan as of the
first day of the taxable year, an amount equal to the
applicable dollar amount under paragraph (1)(B) of section
402(g) (as adjusted pursuant to paragraph (4) of such
section) with respect to such taxable year, or
``(B) in the case of an eligible individual who has family
coverage under a high deductible health plan as of the first
day of the taxable year, an amount equal to 200 percent of
the amount determined under subparagraph (A).'',
(2) by striking paragraphs (2), (3), (7), and (8),
(3) by inserting after paragraph (1) the following:
``(2) Additional contributions for individuals 50 or
older.--In the case of an individual who has attained age 50
before the close of the taxable year, the amount of the
limitation under subparagraphs (A) and (B) of paragraph (1)
shall be increased by an amount equal to the applicable
dollar amount under subparagraph (B)(i) of section 414(v)(2)
(as adjusted pursuant to subparagraph (C) of such
section).'',
(4) in paragraph (4), by striking the flush matter
following subparagraph (C),
(5) in paragraph (5), by striking subparagraph (B) and
inserting the following:
``(B) the limitation under paragraph (1) (after the
application of subparagraph (A) and without regard to any
additional contribution amount under paragraph (2)) shall be
divided equally between them unless they agree on a different
division.'', and
(6) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively.
(b) Conforming Amendments.--
(1) Subparagraph (A) of section 223(d)(1) of the Internal
Revenue Code of 1986 is amended by striking ``the sum of--''
and all that follows through the period and inserting ``the
amount determined under subsection (b)(1).''.
(2) Subsection (g) of section 223 of such Code is amended--
(A) by striking ``subsections (b)(2) and (c)(2)(A)'' both
places it appears and inserting ``subsection (c)(2)(A)'', and
(B) by amending subparagraph (B) to read as follows:
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which such taxable
year begins determined by substituting `calendar year 2003'
for `calendar year 2016' in subparagraph (A)(ii) thereof.''.
(3) Section 26(b)(2)(S) of such Code is amended by striking
``, 223(b)(8)(B)(i)(II),''.
(4) Section 408(d)(9)(C)(i)(I) of such Code is amended by
striking ``computed on the basis of the type of coverage
under the high deductible health plan covering the
individual''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
(d) Temporary Application.--On January 1, 2033, the
amendments made by subsections (a) and (b) shall be repealed
and the provisions of law amended by such subsections shall
be restored as if such subsections had never been enacted.
SEC. 14002. REPEALS.
(a) Internal Revenue Code of 1986.--The amendments made by
the following provisions of this Act are repealed, and the
Internal Revenue Code of 1986 shall be applied as if such
amendments had not been enacted:
(1) Section 13101.
(2) Section 13102.
(3) Section 13103.
(4) Section 13104.
(5) Section 13201.
(6) Section 13701.
(7) Section 13702.
(8) Section 13703.
(9) Section 13704.
(b) Effective Date.--The repeals made by this section shall
take effect as if included in the enactment of the section to
which they relate.
______
SA 5208. Mr. SANDERS (for himself and Mr. Merkley) proposed an
amendment to amendment SA 5194 proposed by Mr. Schumer to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; which was ordered to lie on the table; as follows:
At the end of title I, insert the following:
Subtitle E--Other Provisions
SEC. 14001. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
PART 1--CHILD TAX CREDIT
SEC. 14101. EXTENSIONS AND MODIFICATIONS.
(a) Extensions.--
(1) Extension of child tax credit.--Section 24(i) is
amended--
(A) by striking ``January 1, 2022'' in the matter preceding
paragraph (1) and inserting ``January 1, 2027'', and
(B) by inserting ``and 2022'' after ``2021'' in the heading
thereof.
(2) Extension of provisions related to possessions of the
united states.--
(A) Section 24(k)(2)(B) is amended--
(i) by striking ``December 31, 2021'' in the matter
preceding clause (i) and inserting ``December 31, 2026'', and
(ii) by striking ``After 2021'' in the heading thereof and
inserting ``After 2026''.
(B) Section 24(k)(3)(C)(ii) is amended--
(i) in subclause (I), by striking ``in 2021'' and inserting
``after December 31, 2020, and before January 1, 2027'' after
``2021,'', and
(ii) in subclause (II), by striking ``December 31, 2021''
and inserting ``December 31, 2026''.
(C) The heading of section 24(k)(2)(A) is amended by
inserting ``Through 2026'' after ``2021''.
(b) Extension and Modification of Advance Payment.--
(1) In general.--Section 7527A is amended--
(A) in subsection (b)(1), by striking ``50 percent of'' and
inserting ``100 percent (25 percent in the case of calendar
year 2022) of'',
(B) in clauses (i) and (ii) of subsection (e)(4)(C), by
striking ``in 2021'' and inserting ``after December 31, 2020,
and before January 1, 2027'', and
(C) in subsection (f)--
(i) in paragraph (1), by striking ``or'',
(ii) in paragraph (2), by striking the period at the end
and inserting ``, or before October 1, 2022, or'', and
(iii) by adding at the end the following new paragraph:
[[Page S4232]]
``(3) any period after December 31, 2026.''.
(2) Annual advance amount.--Section 7527A(b) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or based on any
other information known to the Secretary'' after ``reference
taxable year'',
(ii) in subparagraph (C), by inserting ``unless determined
by the Secretary based on any information known to the
Secretary,'' before ``the only children'', and
(iii) in subparagraph (D), by inserting ``unless determined
by the Secretary based on any information known to the
Secretary,'' before ``the ages of'', and
(B) in paragraph (3)(A)(ii), by striking `` provided by the
taxpayer'' and inserting ``provided, or known,''.
(3) Monthly payments.--
(A) In general.--Section 7527A(a) is amended to read as
follows:
``(a) In General.--The Secretary shall establish a program
for making monthly payments to taxpayers in amounts equal to
1/12 of the annual advance amount with respect to such
taxpayer.''.
(B) Modifications during calendar year.--Section
7527A(b)(3), as amended by the preceding provisions of this
Act, is amended--
(i) by amending subparagraph (A)(ii) to read as follows:
``(ii) any other information provided, or known, to the
Secretary which allows the Secretary to more accurately
estimate the amount treated as allowed under subpart C of
part IV of subchapter A of chapter 1 by reason of section
24(i)(1) with respect to the taxpayer for the reference
taxable year.'', and
(ii) in subparagraph (B), by striking ``periodic payment''
both places it appears and inserting ``monthly payment''.
(C) Conforming amendment.--Section 7527A(c)(2) is amended
by striking ``subsection (b)(3)(B)'' and inserting
``subsection (b)(3)''.
(4) Eligibility for advance payments limited based on
modified adjusted gross income.--Section 7527A(b) is amended
by adding at the end the following new paragraph:
``(6) Limitation based on modified adjusted gross income.--
``(A) In general.--If the modified adjusted gross income of
the taxpayer for the reference taxable year exceeds the
applicable threshold amount with respect to such taxpayer (as
defined in section 24(i)(4)(B)), the annual advance amount
with respect to such taxpayer shall be zero.
``(B) Exception for modifications made during the calendar
year.--Subparagraph (A) shall not apply to a reference
taxable year taken into account by reason of paragraph
(3)(A)(i) or subsection (c) if the taxpayer received one or
more payments under subsection (a) for months in the calendar
year which precede the month for which such reference taxable
year will be taken into account.''.
(5) Advance payments to puerto rico residents.--Section
7527A(e)(4) is amended--
(A) in subparagraph (A), by striking ``The advance'' and
inserting ``Except as provided in subparagraph (D), the
advance'', and
(B) by adding at the end the following new subparagraph:
``(D) Advance payments to puerto rico residents for certain
years.--For the period beginning on October 1, 2022, and
ending on December 31, 2022, the Secretary may apply this
section without regard to subparagraph (A)(i).''.
(c) Election to Apply Income Phaseout on Basis of Income
From the Preceding Taxable Year.--Section 24(i) is amended by
adding at the end the following new paragraph:
``(5) Election to apply income phaseout on basis of income
from the preceding taxable year.--In the case of a taxpayer
who elects (at such time and in such manner as the Secretary
may provide) the application of this paragraph for any
taxable year, paragraph (4) and subsection (b)(1) shall both
be applied with respect to the modified adjusted gross income
(as defined in subsection (b)) for the taxpayer's preceding
taxable year.''.
(d) Safe Harbor Exception for Fraud and Intentional
Disregard of Rules and Regulations.--
(1) In general.--Section 24(j)(2)(B) is amended--
(A) by striking ``qualified'' each place it appears in
clause (iv)(II) and inserting ``qualifying'', and
(B) by adding at the end the following new clause:
``(v) Exception for fraud and intentional disregard of
rules and regulations.--
``(I) In general.--For purposes of determining the safe
harbor amount under clause (iv) with respect to any taxpayer,
an individual shall not be treated as taken into account in
determining the annual advance amount of such taxpayer if the
Secretary determines that such individual was so taken into
account due to fraud by the taxpayer or intentional disregard
of rules and regulations by the taxpayer.
``(II) Arrangements to take individual into account more
than once.--For purposes of subclause (I), a taxpayer shall
not fail to be treated as intentionally disregarding rules
and regulations with respect to any individual taken into
account in determining the annual advance amount of such
taxpayer if such taxpayer entered into a plan or other
arrangement with, or expected, another taxpayer to take such
individual into account in determining the credit allowed
under this section for the taxable year.''.
(2) Additional modification.--Section 24(j)(2)(B)(iv), as
amended by the preceding provisions of this Act, is amended
to read as follows:
``(iv) Safe harbor amount.--For purposes of this
subparagraph, the term `safe harbor amount' means, with
respect to any taxpayer for any taxable year, the sum of--
``(I) an amount equal to the product of $3,600 multiplied
by the excess (if any) of the number of qualifying children
who have not attained age 6 as of the close of the calendar
year in which the taxable year of the taxpayer begins, and
who are taken into account in determining the annual advance
amount with respect to the taxpayer under section 7527A with
respect to months beginning in such taxable year, over the
number of such qualifying children taken into account in
determining the credit allowed under this section for such
taxable year, plus
``(II) an amount equal to the product of $3,000 multiplied
by the excess (if any) of the number of qualifying children
not described in clause (I), and who are taken into account
in determining the annual advance amount with respect to the
taxpayer under section 7527A with respect to months beginning
in such taxable year, over the number of such qualifying
children taken into account in determining the credit allowed
under this section for such taxable year.''.
(e) Rules Relating to Reconciliation of Credit and Advance
Credit.--Section 24(j) is amended by adding at the end the
following new paragraphs:
``(3) Joint returns.--Except as otherwise provided by the
Secretary, in the case of an advance payment made under
section 7527A with respect to a joint return, half of such
payment shall be treated as having been made to each
individual filing such return.
``(4) Coordination with possessions of the united states.--
For purposes of this subsection, payments made under section
7527A include payments made by any jurisdiction other than
the United States under section 7527A of the income tax law
of such jurisdiction, and advance payments made by American
Samoa pursuant to a plan described in subsection (k)(3)(B).
In carrying out this section, the Secretary shall coordinate
with each possession of the United States to prevent any
application of this paragraph that is inconsistent with the
purposes of this subsection.''.
(f) Disclosure of Information Relating to Joint Filers and
Advance Payment of Child Tax Credit.--Section 6103(e) is
amended by adding at the end the following new paragraph:
``(12) Disclosure of information relating to joint filers
and advance payment of child tax credit.--In the case of an
individual to whom the Secretary makes payments under section
7527A, if the reference taxable year (as defined in section
7527A(b)(2)) that the Secretary uses to calculate such
payments is a year for which the individual filed an income
tax return jointly with another individual, the Secretary may
disclose to such individual any return information of such
other individual which is relevant in determining the payment
under section 7527A and the individual's eligibility for such
payment, including information regarding any of the
following:
``(A) The number of specified children, including by reason
of the birth of a child.
``(B) The name and TIN of specified children.
``(C) Marital status.
``(D) Modified adjusted gross income.
``(E) Principal place of abode.
``(F) Any other factor which the Secretary may provide
pursuant to section 7527A(c).''.
(g) Repeal of Social Security Number Requirement.--
(1) In general.--Section 24(h) is amended by striking
paragraph (7).
(2) Conforming amendments.--
(A) Section 24(h)(1) is amended by striking ``paragraphs
(2) through (7)'' and inserting ``paragraphs (2) through
(6)''.
(B) Section 24(h)(4) is amended by striking subparagraph
(C).
(h) Effective Date.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to
taxable years beginning after December 31, 2021.
(2) Payments.--
(A) The amendments made by paragraphs (1), (2), (4), and
(5) of subsection (b) shall apply to payments after September
30, 2022.
(B) The amendments made by paragraph (3) of subsection (b)
shall apply to payments after December 31, 2022.
(3) Disclosure of information relating to joint filers and
advance payment of child tax credit.--The amendment made by
subsection (f) shall take effect on the date of the enactment
of this Act.
SEC. 14102. REFUNDABLE CHILD TAX CREDIT AFTER 2022.
(a) In General.--Section 24 is amended by adding at the end
the following new subsection:
``(l) Refundable Credit After 2022.--In the case of any
taxable year beginning after December 31, 2022, if the
taxpayer (in the case of a joint return, either spouse) has a
principal place of abode in the United States (determined as
provided in section 32) for more than one-half of the taxable
year or is a bona fide resident of Puerto Rico (within the
meaning of section 937(a)) for such taxable year--
``(1) subsection (d) shall not apply, and
[[Page S4233]]
``(2) so much of the credit determined under subsection (a)
(after application of paragraph (1)) as does not exceed the
amount of such credit which would be so determined without
regard to subsection (h)(4) shall be allowed under subpart C
(and not allowed under this subpart)''.
(b) Conforming Amendments Related to Possessions of the
United States.--
(1) Puerto rico.--Section 24(k)(2)(B), as amended by the
preceding provisions of this Act, is amended to read as
follows:
``(B) Application to taxable years after 2022.--For
application of refundable credit to residents of Puerto Rico
for taxable years after 2022, see subsection (l).''.
(2) American samoa.--Section 24(k)(3)(C)(ii)(II), as
amended by the preceding provisions of this Act, is amended
to read as follows:
``(II) if such taxable year begins after December 31, 2022,
subsection (l) shall be applied by substituting `Puerto Rico
or American Samoa' for `Puerto Rico'.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 14103. APPROPRIATIONS.
Immediately upon the enactment of this Act, in addition to
amounts otherwise available, there are appropriated out of
any money in the Treasury not otherwise appropriated:
(1) $3,963,300,000 to remain available until September 30,
2026, for necessary expenses for the Internal Revenue Service
to administer the Child Tax Credit, and advance payments of
the Child Tax Credit, including the costs of disbursing such
payments, which shall supplement and not supplant any other
appropriations that may be available for this purpose, and
(2) $1,000,000,000 is appropriated to the Department of the
Treasury, to remain available until September 30, 2026, to
support efforts to increase enrollment of eligible families
in the Child Tax Credit, for advance payments of the Child
Tax Credit, and for other tax benefits, including but not
limited to program outreach, costs of data sharing
arrangements, systems changes, forms changes, and related
efforts, and efforts to support the cross-enrollment of
beneficiaries of other programs in the Child Tax Credit, and
for advance payments of the Child Tax Credit, including by
establishing intergovernmental cooperative agreements with
states and local governments, the District of Columbia,
tribal governments, and possessions of the United States:
Provided, that such amount shall be available in addition to
any amounts otherwise available: Provided further, that these
funds may be awarded by federal agencies to state and local
governments, the District of Columbia, tribal governments,
and possessions of the United States, and private entities,
including organizations dedicated to free tax return
preparation and low income taxpayer clinics funded under
section 7526 of the Internal Revenue Code of 1986.
PART 2--CORPORATE TAX RATE
SEC. 14201. INCREASE IN CORPORATE TAX RATE.
(a) In General.--Section 11(b) is amended to read as
follows:
``(b) Amount of Tax.--
``(1) In general.--The amount of the tax imposed by
subsection (a) shall be the sum of--
``(A) 18 percent of so much of the taxable income as does
not exceed $400,000,
``(B) 21 percent of so much of the taxable income as
exceeds $400,000 but does not exceed $5,000,000, and
``(C) 28 percent of so much of the taxable income as
exceeds $5,000,000.
In the case of a corporation which has taxable income in
excess of $10,000,000 for any taxable year, the amount of tax
determined under the preceding sentence for such taxable year
shall be increased by the lesser of (i) 3 percent of such
excess, or (ii) $362,000.
``(2) Certain personal service corporation not eligible for
graduated rates.--Notwithstanding paragraph (1), the amount
of the tax imposed by subsection (a) on the taxable income of
a qualified personal service corporation (as defined in
section 448(d)(2)) shall be equal to 28 percent of the
taxable income.''.
(b) Proportional Adjustment of Deduction for Dividends
Received.--
(1) In general.--Section 243(a)(1) is amended by striking
``50 percent'' and inserting ``60 percent''.
(2) Dividends from 20-percent owned corporations.--Section
243(c)(1) is amended--
(A) prior to amendment by subparagraph (B), by striking
``65 percent'' and inserting ``72.5 percent'', and
(B) by striking ``50 percent'' and inserting ``60
percent''.
(c) Conforming Amendment.--Section 1561 is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The component members of a controlled
group of corporations on a December 31 shall, for their
taxable years which include such December 31, be limited for
purposes of this subtitle to--
``(1) amounts in each taxable income bracket in the
subparagraphs of section 11(b)(1) which do not aggregate more
than the maximum amount in each such bracket to which a
corporation which is not a component member of a controlled
group is entitled, and
``(2) one $250,000 ($150,000 if any component member is a
corporation described in section 535(c)(2)(B)) amount for
purposes of computing the accumulated earnings credit under
section 535(c)(2) and (3).
The amounts specified in paragraph (1) shall be divided
equally among the component members of such group on such
December 31 unless all of such component members consent (at
such time and in such manner as the Secretary shall by
regulations prescribe) to an apportionment plan providing for
an unequal allocation of such amounts. The amounts specified
in paragraph (2) shall be divided equally among the component
members of such group on such December 31 unless the
Secretary prescribes regulations permitting an unequal
allocation of such amounts. Notwithstanding paragraph (1), in
applying the last sentence of section 11(b)(1) to such
component members, the taxable income of all such component
members shall be taken into account and any increase in tax
under such last sentence shall be divided among such
component members in the same manner as amounts under
paragraph (1).'', and
(2) by striking ``accumulated earnings credit'' in the
heading and inserting ``certain multiple tax benefits''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
(e) Normalization Requirements.--
(1) In general.--A normalization method of accounting shall
not be treated as being used with respect to any public
utility property for purposes of section 167 or 168 of the
Internal Revenue Code of 1986 if the taxpayer, in computing
its cost of service for ratemaking purposes and reflecting
operating results in its regulated books of account, reduces
the tax reserve deficit less rapidly or to a lesser extent
than such reserve would be reduced under the average rate
assumption method.
(2) Alternative method for certain taxpayers.--If, as of
the first day of the taxable year that includes the date of
enactment of this Act--
(A) the taxpayer was required by a regulatory agency to
compute depreciation for public utility property on the basis
of an average life or composite rate method, and
(B) the taxpayer's books and underlying records did not
contain the vintage account data necessary to apply the
average rate assumption method,
the taxpayer will be treated as using a normalization method
of accounting if, with respect to such jurisdiction, the
taxpayer uses the alternative method for public utility
property that is subject to the regulatory authority of that
jurisdiction.
(3) Definitions.--For purposes of this subsection--
(A) Tax reserve deficit.--The term ``tax reserve deficit''
means the excess of--
(i) the amount which would be the balance in the reserve
for deferred taxes (as described in section 168(i)(9)(A)(ii)
of the Internal Revenue Code of 1986, or section
167(l)(3)(G)(ii) of such Code as in effect on the day before
the date of the enactment of the Tax Reform Act of 1986) if
the amount of such reserve were determined by assuming that
the corporate rate increases provided in the amendments made
by this section were in effect for all prior periods, over
(ii) the balance in such reserve as of the day before such
corporate rate increases take effect.
(B) Average rate assumption method.--The average rate
assumption method is the method under which the excess in the
reserve for deferred taxes is reduced over the remaining
lives of the property as used in its regulated books of
account which gave rise to the reserve for deferred taxes.
Under such method, if timing differences for the property
reverse, the amount of the adjustment to the reserve for the
deferred taxes is calculated by multiplying--
(i) the ratio of the aggregate deferred taxes for the
property to the aggregate timing differences for the property
as of the beginning of the period in question, by
(ii) the amount of the timing differences which reverse
during such period.
(C) Alternative method.--The ``alternative method'' is the
method in which the taxpayer--
(i) computes the tax reserve deficit on all public utility
property included in the plant account on the basis of the
weighted average life or composite rate used to compute
depreciation for regulatory purposes, and
(ii) reduces the tax reserve deficit ratably over the
remaining regulatory life of the property.
(4) Treatment of normalization violation.--If, for any
taxable year ending after the date of the enactment of this
Act, the taxpayer does not use a normalization method of
accounting, such taxpayer shall not be treated as using a
normalization method of accounting for purposes of
subsections (f)(2) and (i)(9)(C) of section 168 of the
Internal Revenue Code of 1986.
(5) Regulations.--The Secretary of the Treasury, or the
Secretary's designee, shall issue such regulations or other
guidance as may be necessary or appropriate to carry out this
subsection, including regulations or other guidance to
provide appropriate coordination between this subsection,
section 13001(d) of Public Law 115-97, and section 203(e) of
the Tax Reform Act of 1986.
______
SA 5209. Mr. SANDERS (for himself and Mr. Merkley) submitted an
amendment intended to be proposed to amendment SA 5194 submitted by Mr.
Schumer and intended to be proposed to the bill H.R. 5376, to
[[Page S4234]]
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 90002. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
AND THE NATIONAL SERVICE TRUST.
(a) AmeriCorps State and National.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service,
$3,200,000,000, to remain available until September 30, 2026,
which shall be used to make funding adjustments to existing
(as of the date of enactment of this Act) awards and make new
awards to entities (whether or not such entities are already
recipients of a grant or other agreement on the date of
enactment of this Act) to support national service programs
with activities described in paragraphs (1)(B), (2)(B),
(3)(B), (4)(B), and (5)(B) of subsection (a), and subsection
(b)(2), of section 122 of the National and Community Service
Act of 1990 to increase living allowances and improve
benefits of participants in such programs.
(2) Requirements.--For the purposes of carrying out
paragraph (1)--
(A) the Corporation shall waive the requirements described
in section 121(e)(1) of the National and Community Service
Act of 1990, in whole or in part, if a recipient of a grant
or other agreement for such a national service program
demonstrates--
(i) the recipient will serve underserved or low-income
communities, and a significant percentage of participants in
such program are low-income individuals; and
(ii) without such waiver, the recipient cannot meet the
requirements of this section;
(B) section 189(a) of such Act shall be applied by
substituting ``125 percent of the amount of the minimum
living allowance of a full-time participant per full-time
equivalent position'' for ``$18,000 per full-time equivalent
position''; and
(C) section 140(a)(1) of such Act shall be applied by
substituting ``200 percent of the poverty line'' for ``the
average annual subsistence allowance provided to VISTA
volunteers under section 105 of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4955)''.
(b) State Commissions.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service, $400,000,000,
to remain available until September 30, 2026, which shall be
used to make funding adjustments to existing (as of the date
of enactment of this Act) awards and make new awards to
States to establish or operate State Commissions on National
and Community Service.
(2) Match waiver.--For the purposes of carrying out
paragraph (1), the Corporation shall waive the matching
requirement described in section 126(a)(2) of the National
and Community Service Act of 1990, in whole or in part, for a
State Commission, if such State Commission demonstrates need
for such waiver.
(c) National Civilian Community Corps.--In addition to
amounts otherwise available, there is appropriated for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to the Corporation for National and Community
Service, $80,000,000, to remain available until September 30,
2029, which shall be used to increase the living allowance
and benefits of participants in the National Civilian
Community Corps authorized under section 152 of the National
and Community Service Act of 1990.
(d) AmeriCorps Vista.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service, $600,000,000
to remain available until September 30, 2029, which shall be
used to increase the subsistence allowances and improve
benefits of participants in the Volunteers in Service to
America program authorized under section 102 of the Domestic
Volunteer Service Act of 1973.
(2) Requirement.--For purposes of carrying out paragraph
(1)--
(A) section 105(b)(2)(A) of the Domestic Volunteer Service
Act of 1973 shall be applied by substituting ``200 percent''
for ``95 percent''; and
(B) section 105(b)(2)(B) of the Domestic Volunteer Service
Act of 1973 shall be applied by substituting ``210 percent''
for ``105 percent''.
(e) National Service in Support of Climate Resilience and
Mitigation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service,
$6,915,000,000, which shall be used for the purposes
specified in paragraph (3).
(2) Availability of funds.--Amounts appropriated under
paragraph (1) shall--
(A) be available until September 30, 2026, for national
service programs with activities described in paragraphs
(1)(B), (2)(B), (3)(B), (4)(B), and (5)(B) of subsection (a),
and subsection (b)(2), of section 122 of the National and
Community Service Act of 1990; and
(B) be available until September 30, 2029, for National
Civilian Community Corps programs authorized under section
152 of the National and Community Service Act of 1990 and
Volunteers in Service to America programs authorized under
section 102 of the Domestic Volunteer Service Act of 1973.
(3) Use of funds.--
(A) In general.--The Corporation shall use amounts
appropriated under paragraph (1) to fund programs described
in subparagraph (B) to carry out projects or activities
described in section 122(a)(3)(B) of the National and
Community Service Act of 1990.
(B) Programs.--The programs described in subparagraph (A)
shall include--
(i) national service programs with activities described in
paragraphs (1)(B), (2)(B), (3)(B), (4)(B), and (5)(B) of
subsection (a), and subsection (b)(2), of section 122 of the
National and Community Service Act of 1990;
(ii) National Civilian Community Corps programs authorized
under section 152 of the National and Community Service Act
of 1990; and
(iii) Volunteers in Service to America programs authorized
under section 102 of the Domestic Volunteer Service Act of
1973.
(C) Terms.--In funding programs described in subparagraph
(A), the Corporation shall ensure--
(i) awards are made to entities that serve, and have
representation from, low-income communities or communities
experiencing (or at risk of experiencing) adverse health and
environmental conditions;
(ii) such programs utilize culturally competent and
multilingual strategies;
(iii) projects carried out through such programs are
planned with community input, and implemented by diverse
participants who are from communities being served by such
programs; and
(iv) such programs provide participants with workforce
development opportunities, such as pre-apprenticeships that
articulate to registered apprenticeship programs, and
pathways to post-service employment in high-quality jobs,
including registered apprenticeships.
(4) Requirements.--For the purposes of carrying out
paragraph (1)--
(A) in implementing national service programs described in
paragraph (3)(B)(i) and funded by the appropriations
specified in paragraph (1)--
(i) the Corporation shall waive the requirements described
in section 121(e)(1) of the National and Community Service
Act of 1990, in whole or in part, if a recipient of a grant
or other agreement for the national service program involved
demonstrates--
(I) the recipient will serve underserved or low-income
communities, and a significant percentage of participants in
such program are low-income individuals; and
(II) without such waiver, the recipient cannot meet the
requirements of this section;
(ii) section 189(a) of the National and Community Service
Act of 1990 shall be applied by substituting ``125 percent of
the amount of the minimum living allowance of a full-time
participant per full-time equivalent position'' for ``$18,000
per full-time equivalent position'';
(iii) section 140(a)(1) of the National and Community
Service Act of 1990 shall be applied by substituting ``200
percent of the poverty line'' for ``the average annual
subsistence allowance provided to VISTA volunteers under
section 105 of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4955)''; and
(iv) the Corporation shall waive the matching requirement
described in section 126(a)(2) of the National and Community
Service Act of 1990, in whole or in part, for a State
Commission, if such State Commission demonstrates need for
such waiver; and
(B) in implementing national service programs described in
paragraph (3)(B)(iii) and funded by the appropriations
specified in paragraph (1)--
(i) section 105(b)(2)(A) of the Domestic Volunteer Service
Act of 1973 shall be applied by substituting ``200 percent''
for ``95 percent''; and
(ii) section 105(b)(2)(B) of the Domestic Volunteer Service
Act of 1973 shall be applied by substituting ``210 percent''
for ``105 percent''.
(f) Administrative Costs.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service,
$1,010,400,000, to remain available until September 30, 2029,
which shall be used for Federal administrative expenses to
carry out programs and activities funded under this section,
including--
(A) corrective actions to address recommendations arising
from audits of the financial statements of the Corporation
and the National Service Trust, and, in consultation with the
Inspector General of the Corporation, the development of
fraud prevention and detection controls and risk-based anti-
fraud monitoring for grants and other financial assistance
funded under this section; and
(B) coordination of efforts and activities with the
Departments of Labor and Education to support the national
service programs funded under subsections (a), (c), (d), and
(e) in improving the readiness of participants to transition
to high-quality jobs or further education.
(2) Fiscal year 2030 program administration.--In addition
to amounts otherwise available, there is appropriated for
fiscal year 2030, out of any money in the Treasury not
otherwise appropriated, to the Corporation for National and
Community Service,
[[Page S4235]]
$79,800,000, to remain available until September 30, 2030,
which shall be used, in fiscal year 2030, for Federal
administrative expenses to carry out programs and activities
funded under this section.
(3) Plan.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, to the
Corporation, $300,000, to remain available until September
30, 2023, which shall be used by the Chief Executive Officer
of the Corporation to--
(A) develop, publish, and implement, not later than 180
days after the date of enactment of this Act, a project,
operations, and management plan for funds appropriated under
this section; and
(B) consult with the Secretary of Labor and the Inspector
General of the Corporation in developing the plan under
subparagraph (A).
(4) Outreach.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service, $49,500,000,
to remain available until September 30, 2030, for outreach to
and recruitment of members from communities traditionally
underrepresented in national service programs and members of
a community experiencing a significant dislocation of
workers, including energy transition communities.
(g) Office of Inspector General.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, to the Corporation for National and Community
Service, $75,000,000, to remain available until September 30,
2030, which shall be used for the Office of Inspector General
of the Corporation for salaries and expenses necessary for
oversight and audit of programs and activities funded under
this section.
(h) National Service Trust.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
National Service Trust, $1,150,000,000, to remain available
until September 30, 2030, for--
(A) administration of the National Service Trust; and
(B) payment to the Trust for the provision of national
service educational awards and interest expenses--
(i) for participants, for a term of service supported by
funds made available under subsection (e); and
(ii) pursuant to section 145(a)(1)(A) of the National and
Community Service Act of 1990.
(2) Supplemental educational awards.--
(A) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
National Service Trust, $1,660,000,000, to remain available
until September 30, 2030, for payment to the National Service
Trust for the purpose of providing a supplemental national
service educational award to an individual eligible to
receive a national service educational award pursuant to
section 146(a), and the individual's transferee pursuant to
section 148(f), of the National and Community Service Act of
1990, for a term of service that began after the date of
enactment of this Act in a national service program
(including a term of service supported by funds made
available under subsection (e)).
(B) Award availability.--The supplemental educational award
referred to in subparagraph (A) shall be available to an
individual or their transferee described in subparagraph (A)
in accordance with the paragraph (3).
(C) Calculation.--The amount of the supplemental
educational award that shall be available to an individual or
their transferee described in subparagraph (A) shall be
calculated as follows:
(i) Amount for full-time national service.--For an
individual who completes a required term of full-time
national service, or the individual's transferee--
(I) in a case in which the award year for which the
national service position is approved by the Corporation is
award year 2022-2023, 50 percent of the maximum amount of a
Federal Pell Grant under section 401 of the Higher Education
Act of 1965 that a student eligible for such Grant may
receive in the aggregate for such award year; and
(II) in a case in which the award year for which the
national service position is approved by the Corporation is
award year 2023-2024 or a subsequent award year, 50 percent
of the total maximum Federal Pell Grant under section 401 of
the Higher Education Act of 1965 that a student eligible for
such Grant may receive in the aggregate for such award year.
(ii) Amount for part-time national service.--For an
individual who completes a required term of part-time
national service, or the individual's transferee, 50 percent
of the amount determined under clause (i).
(iii) Amount for partial completion of national service.--
For an individual released from completing the full-time or
part-time term of service agreed to by the individuals, or
the individual's transferee, the portion of the amount
determined under clause (i) that corresponds to the portion
of the term of service completed by the individual.
(3) Period of availability for national service educational
awards.--
(A) In general.--Notwithstanding section 146(d) of the
National and Community Service Act of 1990, relating to a
period of time for use of a national service educational
award, or any extensions to such time period granted under
section 146(d)(2) of such Act, an individual eligible to
receive a national service educational award for a term of
service supported by funds made available under subsection
(e), or the individual's transferee, and an individual
eligible to receive a supplemental educational award
described in paragraph (2) for a term of service, or the
individual's transferee, shall not use, after September 30,
2030, the national service educational award or supplemental
educational award for the term of service involved, and the
national service educational award and supplemental
educational award shall be available for the lengths of time
described in subparagraph (B).
(B) Lengths of time.--The lengths of time described in this
subparagraph are as follows:
(i) For an individual who completes the term of service
involved by September 30, 2023 or the individual's
transferee, until the end of the 7-year period beginning on
that date.
(ii) For an individual who completes such term of service
by September 30, 2024 or the individual's transferee, until
the end of the 6-year period beginning on that date.
(iii) For an individual who completes such term of service
by September 30, 2025 or the individual's transferee, until
the end of the 5-year period beginning on that date.
(iv) For an individual who completes such term of service
by September 30, 2026 or the individual's transferee, until
the end of the 4-year period beginning on that date.
(v) For an individual who completes such term of service by
September 30, 2027 or the individual's transferee, until the
end of the 3-year period beginning on that date.
(vi) For an individual who completes such term of service
by September 30, 2028 or the individual's transferee, until
the end of the 2-year period beginning on that date.
(vii) For an individual who completes such term of service
by September 30, 2029 or the individual's transferee, until
the end of the 1-year period beginning on that date.
(i) Limitation.--The funds made available under this
section are subject to the condition that the Corporation
shall not--
(1) use such funds to make any transfer to the National
Service Trust for any use, or enter into any agreement
involving such funds--
(A) that is for a term extending beyond September 30, 2031;
or
(B) for which or under which any payment could be outlaid
after September 30, 2031; and
(2) use any other funds available to the Corporation to
liquidate obligations made under this section.
(j) Definition.--For purposes of this section, the term
``registered apprenticeship program'' means an apprenticeship
program registered with the Office of Apprenticeship of the
Employment and Training Administration of the Department of
Labor, or a State apprenticeship agency recognized by the
Office of Apprenticeship, pursuant to the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663).
SEC. 90003. WORKFORCE DEVELOPMENT IN SUPPORT OF CLIMATE
RESILIENCE AND MITIGATION.
(a) YouthBuild.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any amounts in the Treasury not
otherwise appropriated, $450,000,000, to remain available
until September 30, 2026, to support activities aligned with
high-quality employment opportunities in industry sectors or
occupations related to climate resilience or mitigation and
aligned with the activities described in subsection (e)(3) of
section 90002 by--
(1) carrying out activities described in section 171(c)(2)
of the Workforce Innovation and Opportunity Act; and
(2) improving and expanding access to services, stipends,
wages, and benefits described in subparagraphs (A)(vii) and
(F) of section 171(c)(2) of such Act.
(b) Job Corps.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any amounts in the Treasury not
otherwise appropriated, $450,000,000, to remain available
until September 30, 2026, to support activities aligned with
high-quality employment opportunities in industry sectors or
occupations related to climate resilience or mitigation and
aligned with the activities described in subsection (e)(3) of
section 90002 by--
(A) providing funds to operators and service providers to--
(i) carry out the activities and services described in
sections 148 and 149 of the Workforce Innovation and
Opportunity Act; and
(ii) improve and expand access to allowances and services
described in section 150 of such Act; and
(B) notwithstanding section 158(c) of such Act,
constructing, rehabilitating, and acquiring Job Corps centers
to support activities described in subparagraph (A).
(2) Eligibility.--For the purposes of carrying out
paragraph (1), an entity in a State or outlying area may be
eligible to be selected as an operator or service provider.
(c) Pre-apprenticeship, and Registered Apprenticeship
Programs.--
[[Page S4236]]
(1) Pre-apprenticeship programs.--In addition to amounts
otherwise available, there is appropriated to the Department
of Labor for fiscal year 2022, out of any amounts in the
Treasury not otherwise appropriated, $1,000,000,000, to
remain available until September 30, 2026, to carry out
activities through grants, cooperative agreements, contracts,
or other arrangements, to create or expand pre-apprenticeship
programs that articulate to registered apprenticeship
programs, are aligned with high-quality employment
opportunities in industry sectors or occupations related to
climate resilience or mitigation, and are aligned with the
activities described in subsection (e)(3) of section 90002.
(2) Pre-apprenticeship partnerships.--In addition to
amounts otherwise available, there is appropriated to the
Department of Labor for fiscal year 2022, out of any amounts
in the Treasury not otherwise appropriated, $150,000,000, to
remain available until September 30, 2026, to support
partnerships between entities carrying out pre-apprenticeship
programs that articulate to registered apprenticeship
programs and entities funded under subsection (e) of section
90002 to ensure past and current participants in programs
funded under subsection (e)(1) of section 90002 have access
to such pre-apprenticeship programs.
(3) Registered apprenticeship programs.--In addition to
amounts otherwise available, there is appropriated to the
Department of Labor for fiscal year 2022, out of any amounts
in the Treasury not otherwise appropriated, $450,000,000, to
remain available until September 30, 2026, to carry out
activities through grants, cooperative agreements, contracts,
or other arrangements, to create or expand registered
apprenticeship programs in climate-related nontraditional
apprenticeship occupations.
(4) Participants with barriers to employment and
nontraditional apprenticeship populations.--In addition to
amounts otherwise available, there is appropriated to the
Department of Labor for fiscal year 2022, out of any amounts
in the Treasury not otherwise appropriated, $350,000,000, to
remain available until September 30, 2026, for entities to
carry out pre-apprenticeship programs described in paragraph
(1), and registered apprenticeship program described in
paragraph (3), serving a high number or high percentage of
individuals with barriers to employment, including
individuals with disabilities, or nontraditional
apprenticeship populations.
(d) Reentry Employment Opportunities Program.--In addition
to amounts otherwise available, there is appropriated to the
Department of Labor for fiscal year 2022, out of any amounts
in the Treasury not otherwise appropriated, $1,000,000,000,
to remain available until September 30, 2026, for the Reentry
Employment Opportunities program, which amount shall be used
to support activities aligned with high-quality employment
opportunities in industry sectors or occupations related to
climate resilience or mitigation and aligned with the
activities described in subsection (e)(3) of section 90002.
(e) Paid Youth Employment Opportunities.--In addition to
amounts otherwise available, there is appropriated for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to the Department of Labor, $350,000,000, to
remain available until September 30, 2026, to carry out
activities through grants, contracts, or cooperative
agreements, for the purposes of providing in-school youth and
out-of-school youth with paid work experiences authorized
under section 129(c)(2)(C) of the Workforce Innovation and
Opportunity Act, notwithstanding section 194(10) of such Act,
that are--
(1) carried out by public agencies or private nonprofit
entities, including community-based organizations;
(2) provided in conjunction with supportive services and
other elements described in section 129(c)(2) of such Act;
(3) aligned with the activities described in subsection
(e)(3) of section 90002; and
(4) designed to prepare participants for--
(A) high-quality, unsubsidized employment opportunities in
industry sectors or occupations related to climate resilience
or mitigation;
(B) enrollment in an institution of higher education (as
defined in section 101 or 102(c) of the Higher Education Act
of 1965); and
(C) registered apprenticeship programs.
(f) Department of Labor Inspector General.--In addition to
amounts otherwise available, there is appropriated to the
Office of Inspector General of the Department of Labor for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
until expended, for salaries and expenses necessary for
oversight, investigations, and audits of programs, grants,
and projects of the Department of Labor funded under this
section.
(g) Administration.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $69,800,000, to remain available
until September 30, 2029, for program administration within
the Department of Labor for salaries and expenses necessary
to implement this section.
(2) Plan.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, to the Department
of Labor, $200,000, to remain available until September 30,
2023, which shall be used by the Secretary to--
(A) develop, publish, and implement, not later than 180
days after the date of enactment of this Act, a project,
operations, and management plan for funds appropriated under
this section; and
(B) consult with the Chief Executive Officer of the
Corporation for National and Community Service in developing
the plan under subparagraph (A).
(h) Definition.--For purposes of this section:
(1) Climate-related nontraditional apprenticeship
occupation.--The term ``climate-related nontraditional
apprenticeship occupation'' means an apprenticeable
occupation--
(A) that aligns with the activities described in subsection
(e)(3) of section 90002;
(B) in an industry sector that trains less than 10 percent
of all civilian registered apprentices as of the date of the
enactment of this Act; and
(C) that is related to climate resilience or mitigation.
(2) Registered apprenticeship program.-- The term
``registered apprenticeship program'' means an apprenticeship
program registered with the Office of Apprenticeship of the
Employment and Training Administration of the Department of
Labor, or a State apprenticeship agency recognized by the
Office of Apprenticeship, pursuant to the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663).
(3) Wioa definitions.--The terms ``community-based
organization'', ``individual with a barrier to employment'',
``in-school youth'', ``outlying area'', and ``out-of-school
youth'' have the meanings given such terms in paragraphs
(10), (24), (27), (45), and (46), respectively, of section 3
of the Workforce Innovation and Opportunity Act.
TITLE X--ADDITIONAL MATTERS RELATING TO THE COMMITTEE ON AGRICULTURE,
NUTRITION, AND FORESTRY
SEC. 100001. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary
of Agriculture.
SEC. 100002. NATIONAL FOREST SYSTEM RESTORATION AND FUELS
REDUCTION PROJECTS.
(a) In General.--In addition to the amounts appropriated by
section 23001(a)(1), and any other amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031,
$2,250,000,000 for hazardous fuels reduction projects on
National Forest System land within the wildland-urban
interface. None of the funds provided under this section
shall be subject to cost-share or matching requirements.
(b) Priority; Restrictions; Limitations.--Subsections (b),
(c), and (d) of section 23001 shall apply the amounts
appropriated by, and projects carried out under, subsection
(a).
(c) Definitions.--In this section:
(1) Hazardous fuels reduction project.--The term
``hazardous fuels reduction project'' means an activity,
including the use of prescribed fire, to protect structures
and communities from wildfire that is carried out on National
Forest System land.
(2) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 100003. STATE AND PRIVATE FORESTRY CONSERVATION
PROGRAMS.
In addition to the amounts appropriated by section
23003(a)(2), and any other amounts otherwise available, there
is appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2031, $1,750,000,000 to
provide multiyear, programmatic, competitive grants to a
State agency, a local governmental entity, an agency or
governmental entity of the District of Columbia, an agency or
governmental entity of an insular area (as defined in section
1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)), an Indian
Tribe, or a nonprofit organization through the Urban and
Community Forestry Assistance program established under
section 9(c) of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2105(c)) for tree planting and related
activities. Any non-Federal cost-share requirement otherwise
applicable to projects carried out under this section may be
waived at the discretion of the Secretary.
SEC. 100004. COMPETITIVE GRANTS FOR NON-FEDERAL FOREST
LANDOWNERS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031,
$500,000,000 to award grants to Tribal, State, or local
governments, the government of the District of Columbia,
regional organizations, special districts, or nonprofit
organizations to support, on non-Federal land, forest
restoration and resilience projects. Any non-Federal cost-
share requirement otherwise applicable to projects carried
out under this section may be waived at the discretion of the
Secretary.
(b) Limitations.--Nothing in this section shall be
interpreted to authorize funds of the Commodity Credit
Corporation for activities
[[Page S4237]]
under this section if such funds are not expressly authorized
or currently expended for such purposes.
(c) Definition of Restoration.--In this section, the term
``restoration'' has the meaning given the term in section
219.19 of title 36, Code of Federal Regulations (as in effect
on the date of enactment of this Act).
SEC. 100005. LIMITATION.
The funds made available under this title are subject to
the condition that the Secretary shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; or
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this title.
TITLE XI--ADDITIONAL MATTERS RELATING TO THE COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
SEC. 110001. INVESTING IN COASTAL COMMUNITIES AND CLIMATE
RESILIENCE.
(a) In General.--In addition to amounts appropriated by
section 40001(a), and any other amounts otherwise available,
there is appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $3,000,000,000, to
remain available until September 30, 2026, to provide funding
through direct expenditure, contracts, grants, cooperative
agreements, or technical assistance to coastal states (as
defined in paragraph (4) of section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4))), the District of
Columbia, Tribal Governments, nonprofit organizations, local
governments, and institutions of higher education (as defined
in subsection (a) of section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))), for the conservation,
restoration, and protection of coastal and marine habitats
and resources, including fisheries, to enable coastal
communities to prepare for extreme storms and other changing
climate conditions, and for projects that support natural
resources that sustain coastal and marine resource dependent
communities, and for related administrative expenses.
(b) Cost-sharing and Matching Requirements.--None of the
funds provided under this section shall be subject to cost-
sharing or matching requirements.
(c) Tribal Government Defined.--In this section, the term
``Tribal Government'' means the recognized governing body of
any Indian or Alaska Native tribe, band, nation, pueblo,
village, community, component band, or component reservation,
individually identified (including parenthetically) in the
list published most recently as of the date of enactment of
this subsection pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
TITLE XII--ADDITIONAL MATTERS RELATING TO THE COMMITTEE ON ENERGY AND
NATURAL RESOURCES
SEC. 120001. NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND
RESILIENCE.
In addition to the amounts appropriated by section 50221,
and any other amounts otherwise available, there is
appropriated to the Secretary of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $1,250,000,000, to remain available through
September 30, 2031, to carry out projects for the
conservation, protection, and resiliency of lands and
resources administered by the National Park Service and
Bureau of Land Management. None of the funds provided under
this section shall be subject to cost-share or matching
requirements.
SEC. 120002. NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND
ECOSYSTEM RESTORATION.
In addition to the amounts appropriated by section 50222,
and any other amounts otherwise available, there is
appropriated to the Secretary of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $750,000,000, to remain available through
September 30, 2031, to carry out conservation, ecosystem and
habitat restoration projects on lands administered by the
National Park Service and Bureau of Land Management. None of
the funds provided under this section shall be subject to
cost-share or matching requirements.
SEC. 120003. NATIONAL PARK SERVICE AND BUREAU OF LAND
MANAGEMENT CONSERVATION, RESILIENCY, AND
RESTORATION PROJECTS.
In addition to amounts otherwise available, there is
appropriated to the Secretary of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available through
September 30, 2031, to provide funding, including all
expenses necessary to provide funding, through direct
expenditure, grants, contracts, or cooperative agreements, to
perform conservation, resiliency, or restoration projects,
including all expenses necessary to carry out such projects,
on public land administered by the National Park Service or
the Bureau of Land Management. None of the funds provided
under this section shall be subject to cost-share or matching
requirements.
TITLE XIII--ADDITIONAL MATTERS RELATING TO THE COMMITTEE ON INDIAN
AFFAIRS
SEC. 130001. TRIBAL CLIMATE RESILIENCE.
(a) Tribal Climate Resilience and Adaptation.--In addition
to the amounts appropriated by section 80001(a), and any
other amounts otherwise available, there is appropriated to
the Director of the Bureau of Indian Affairs for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $441,000,000, to remain available until
September 30, 2031, to carry out, through financial
assistance, technical assistance, direct expenditure, grants,
contracts, or cooperative agreements, Tribal climate
resilience and adaptation programs.
(b) Administration.--In addition to the amounts
appropriated by section 80001(c), and any other amounts
otherwise available, there is appropriated to the Director of
the Bureau of Indian Affairs for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $9,000,000,
to remain available until September 30, 2031, for the
administrative costs of carrying out this section.
(c) Cost-sharing and Matching Requirements.--None of the
funds provided by this section shall be subject to cost-
sharing or matching requirements.
(d) Small and Needy Program.--Amounts made available under
this section shall be excluded from the calculation of funds
received by those Tribal governments that participate in the
``Small and Needy'' program.
(e) Distribution; Use of Funds.--Amounts made available
under this section that are distributed to Indian Tribes and
Tribal organizations for services pursuant to a self-
determination contract (as defined in subsection (j) of
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304(j))) or a self-governance
compact entered into pursuant to subsection (a) of section
404 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5364(a))--
(1) shall be distributed on a 1-time basis;
(2) shall not be part of the amount required by subsections
(a) through (b) of section 106 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5325(a)-(b)); and
(3) shall only be used for the purposes identified under
the applicable subsection.
SEC. 130002. NATIVE HAWAIIAN CLIMATE RESILIENCE AND
ADAPTATION.
(a) In General.--In addition to the amounts appropriated by
section 80002(a), and any other amounts otherwise available,
there is appropriated to the Senior Program Director of the
Office of Native Hawaiian Relations for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$49,000,000, to remain available until September 30, 2031, to
carry out, through financial assistance, technical
assistance, direct expenditure, grants, contracts, or
cooperative agreements, climate resilience and adaptation
activities that serve the Native Hawaiian Community.
(b) Administration.--In addition to the amounts
appropriated by section 80002(b), and any other amounts
otherwise available, there is appropriated to the Senior
Program Director of the Office of Native Hawaiian Relations
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $1,000,000, to remain available until
September 30, 2031, for the administrative costs of carrying
out this section.
(c) Cost-sharing and Matching Requirements.--None of the
funds provided by this section shall be subject to cost-
sharing or matching requirements.
______
SA 5210. Mr. SANDERS (for himself and Mr. Merkley) submitted an
amendment intended to be proposed to amendment SA 5194 submitted by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
Strike part 1 of subtitle B of title I and insert the
following:
PART 1--CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS UNDER MEDICARE
PARTS B AND D
SEC. 11001. CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS UNDER
MEDICARE PARTS B AND D.
(a) In General.--Title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) is amended by adding at the end the
following new section:
``SEC. 1899C. CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS
UNDER MEDICARE PARTS B AND D.
``(a) In General.--In no case may the amount of payment for
a drug or biological under part B or a covered part D drug
(as defined in section 1860D-2(e)) under a prescription drug
plan under part D exceed the lower of the following:
``(1) The amount paid by the Secretary of Veterans Affairs
to procure the drug under the laws administered by the
Secretary.
``(2) The amount paid to procure the drug through the
Federal Supply Schedule of the General Services
Administration.
``(b) Manufacturer Requirement.--In order for coverage to
be available under part B for a drug or biological of a
manufacturer or under part D for a covered part D drug of a
manufacturer, the manufacturer must agree to provide such
drug or biological to providers of services and suppliers
under part B or such covered part D drug to prescription drug
plans under part D for an amount that does not exceed the
maximum payment amount applicable under subsection (a).
``(c) Access to Pricing Information.--The Secretary of
Veterans Affairs and the Administrator of General Services
shall provide
[[Page S4238]]
to the Secretary of Health and Human Services the information
described in paragraphs (1) and (2), respectively, of
subsection (a) and such other information as the Secretary of
Health and Human Services may request in order to carry out
this section.
``(d) Effective Date.--This section shall apply with
respect to drugs furnished or dispensed on or after January
1, 2023.''.
(b) Conforming Amendments.--
(1) Application under part b.--Section 1847A of the Social
Security Act (42 U.S.C. 1395w-3a), as amended by section
11101, is amended--
(A) in subsection (b)(1), by striking ``and (e)'' and
inserting ``(e), and (i)'';
(B) by redesignating subsection (j) as subsection (k); and
(C) by inserting after subsection (i) the following
subsection:
``(j) Application of Cap on Costs for Part B Drugs.--
Notwithstanding the preceding provisions of this subsection,
the amount of payment under this section for a drug or
biological furnished on or after January 1, 2023, shall not
exceed the maximum payment amount applicable to the drug or
biological under section 1899C(a).''.
(2) Application as negotiated price under part d.--Section
1860D-2(d)(1)(B) of the Social Security Act (42 U.S.C. 1395w-
102(d)(1)(B)) is amended by adding at the end the following
new sentence: ``Notwithstanding any other provision of this
part, the negotiated price used for payment for a covered
part D drug dispensed on or after January 1, 2023, shall not
exceed the maximum payment amount applicable to the covered
part D drug under section 1899C.''.
______
SA 5211. Mr. SANDERS (for himself and Mr. Merkley) proposed an
amendment to amendment SA 5194 proposed by Mr. Schumer to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; as follows:
At the end of subtitle B of title I, add the following:
PART 6--MEDICARE COVERAGE OF DENTAL AND ORAL HEALTH CARE, HEARING CARE,
AND VISION CARE
Subpart A--Medicare Coverage
SEC. 11501. INTERIM DENTAL PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) is amended by inserting after section 1866F the
following new section:
``SEC. 1866G. INTERIM DENTAL PROGRAM.
``(a) Establishment.--The Secretary shall establish an
interim Medicare dental program (in this section referred to
as the `program') by not later than 6 months after the date
of the enactment of this section. Under the program, payment
shall be made for eligible expenses of eligible beneficiaries
in accordance with this section.
``(b) Amount.--The Secretary shall pay for eligible
expenses under the program per eligible beneficiary in an
amount not to exceed $1,000.
``(c) Program Implementation.--
``(1) In general.--The Secretary shall--
``(A) make a Treasury-sponsored account described in
paragraph (2)(A)(i) available to eligible beneficiaries so
payment may be made to entities described in subsection
(d)(2)(B) for eligible expenses at the point-of-sale;
``(B) issue cards for making payments described in
subparagraph (A), and replacement cards for cards that are
lost or stolen; and
``(C) provide a toll-free telephone number and website to
answer beneficiary questions on the program including the
amount available for payment.
``(2) Payments.--
``(A) Delivery of payments.--
``(i) In general.--The account through which the Secretary
shall make payment for eligible expenses under the program
shall be deemed to be a Treasury-sponsored account, as
defined in section 208.2 of title 31, Code of Federal
Regulations, without regard to section 913 of the Electronic
Fund Transfer Act (15 U.S.C. 1693k), section 1005.10(e)(2) of
title 12, Code of Federal Regulations (or any successor
regulation), section 1(d) of Executive Order 13681 (31 U.S.C.
3321 note; relating to improving the security of consumer
financial transactions), section 3332(i) of title 31, United
States Code, and subchapter IV of chapter 33 of title 31,
United States Code.
``(ii) Treatment of accounts.--The Department of the
Treasury shall be deemed to be the customer of any financial
institution for any account issued under clause (i) for
purposes of the Right to Financial Privacy Act (12 U.S.C.
3401 et seq.).
``(B) Authorized transactions.--
``(i) Condition of acceptance of payment.--Acceptance of
payment under subparagraph (A)(i) shall be deemed to be an
agreement by the entity accepting such payment to furnish
such information as may be necessary for the Secretary to
verify that such payment is for eligible expenses of an
eligible beneficiary.
``(ii) Review.--The Secretary shall review payments, as
necessary, to verify transactions are for eligible expenses
of eligible beneficiaries.
``(C) Requirement.--Notwithstanding the provisions of
section 1(d) of Executive Order 13681, cards issued under
paragraph (1)(B) shall be magnetic stripe-only cards that do
not utilize chip and PIN technology.
``(3) Expediting implementation.--The Secretary shall
implement the program through program instruction.
``(4) Administration.--The requirements under section
1862(b) (relating to secondary payer) and section 1882(d)(3)
(relating to non-duplication of health benefits) are waived.
The Secretary shall not impose sanctions under subsection
1877(g) with respect to designated health services that are
eligible expenses.
``(5) Nonapplication of medicaid third party liability.--
Neither the program nor an entity receiving payment for
eligible expenses under the program shall be treated as a
legally liable party for purposes of applying section
1902(a)(25).
``(d) Definitions.--In this section:
``(1) Eligible beneficiary.--The term `eligible
beneficiary' means an individual who--
``(A) is enrolled under part B; and
``(B) as of the start of the program, or in the case of an
individual who enrolls in part B after the date that is 6
months after the date of the enactment of this section, the
first month in which the individual is enrolled under such
part, is not subject to a reduction in premium subsidy
pursuant to section 1839(i).
``(2) Eligible expenses.--The term `eligible expenses'
means expenses for which payment has not been made by
insurance or a party other than the beneficiary, for dental
items and services furnished to an eligible beneficiary that
are--
``(A) to the extent applicable, treated as medical care
under section 213(d)(1)(A) of the Internal Revenue Code of
1986;
``(B) furnished by entities such as those with merchant
category code 8021 (or successor codes); and
``(C) presented for payment on or after the date of the
activation of the card described in subsection (c)(1)(B), and
ending on December 31, 2024.
``(3) Program.--The term `program' means the program
established under this section.
``(e) Outreach and Education.--
``(1) In general.--The Secretary shall provide outreach and
education on the program--
``(A) for eligible beneficiaries; and
``(B) for entities described in subsection (d)(2)(B).
``(2) Funding.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of amounts in the Treasury not otherwise appropriated,
$82,000,000, to remain available until December 31, 2025, to
carry out this subsection.
``(f) No Impact on Benefits Under This Title, Medicaid, or
CHIP.--
``(1) No impact on benefits under this title.--Any payment
made to an entity under this section shall not be treated as
benefits under this title or otherwise taken into account in
computing--
``(A) actuarial rates or premium amounts under section
1839; or
``(B) the MA area-specific non-drug monthly benchmark
amount under section 1853(j).
``(2) Disregard of payments for purposes of medicaid and
chip.--Any payment made to an entity under this section shall
be disregarded when determining income for any purpose under
the programs established under title XIX and title XXI.
``(g) Exception From Reduction or Offset.--Payments under
this section shall not be subject to offset under section
3716 of title 31, United States Code.
``(h) Implementation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of amounts in the Treasury not otherwise
appropriated, $193,000,000, to remain available until
December 31, 2025, to carry out this section (other than
subsection (e) and subsection (i)).
``(i) Funding for Payments.--In addition to amounts
otherwise available, there is appropriated to the Secretary
for fiscal year 2022, out of amounts in the Treasury not
otherwise appropriated, $58,000,000,000, to remain available
until December 31, 2024, for purposes of funding payments for
eligible expenses under the program through Treasury-
sponsored accounts described in subsection (c)(2)(A)(i) which
shall supplement and not supplant any other appropriations
that may be available for this purpose.''.
SEC. 11502. COVERAGE OF DENTAL AND ORAL HEALTH CARE.
(a) Coverage.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (GG), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (HH), by striking the period at the end
and adding ``; and''; and
(3) by adding at the end the following new subparagraph:
``(II) dental and oral health services (as defined in
subsection (lll));''.
(b) Dental and Oral Health Services Defined.--Section 1861
of the Social Security Act (42 U.S.C. 1395x) is amended by
adding at the end the following new subsection:
``(lll) Dental and Oral Health Services.--
``(1) In general.--Except as provided in paragraph (2), the
term `dental and oral health services' means the following
items and services that are furnished by a doctor of dental
surgery or of dental medicine (as described in subsection
(r)(2)) or an oral health professional (as defined in
paragraph (3)) on or after January 1, 2025:
``(A) Preventive and screening services.--Preventive and
screening services, including oral exams, dental cleanings,
dental x-rays, and fluoride treatments.
``(B) Basic procedures.--Basic procedures, including
services such as minor restorative services, periodontal
maintenance, periodontal scaling and root planing, simple
[[Page S4239]]
tooth extractions, therapeutic pulpotomy, and other related
items and services.
``(C) Dentures.--Dentures and implants including related
items and services.
``(2) Exclusions.--Such term does not include items and
services for which, as of the date of the enactment of this
subsection, coverage was permissible under section
1862(a)(12) and cosmetic services not otherwise covered under
section 1862(a)(10).
``(3) Oral health professional.--The term `oral health
professional' means, with respect to dental and oral health
services, a health professional (other than a doctor of
dental surgery or of dental medicine (as described in
subsection (r)(2))) who is licensed to furnish such services,
acting within the scope of such license, by the State in
which such services are furnished.''.
(c) Payment; Coinsurance; and Limitations.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)), as amended by section 11101, is
amended--
(A) in subparagraph (N), by inserting ``and dental and oral
health services (as defined in section 1861(lll))'' after
``section 1861(hhh)(1))'';
(B) by striking ``and'' before ``(EE)''; and
(C) by inserting before the semicolon at the end the
following: ``and (FF) with respect to dental and oral health
services (as defined in section 1861(lll)), the amount paid
shall be the payment amount specified under section
1834(z)''.
(2) Payment and limits specified.--Section 1834 of the
Social Security Act (42 U.S.C. 1395m) is amended by adding at
the end the following new subsection:
``(z) Payment and Limits for Dental and Oral Health
Services.--
``(1) Payment.--The payment amount under this part for
dental and oral health services (as defined in section
1861(lll)) shall be, subject to paragraphs (3) and (4), 80
percent of the lesser of--
``(A) the actual charge for the service; or
``(B)(i) in the case of such services furnished by a doctor
of dental surgery or of dental medicine (as described in
section 1861(r)(2)), the amount determined under the fee
schedule established under paragraph (2); or
``(ii) in the case of such services furnished by an oral
health professional (as defined in section 1861(lll)(3)), 85
percent of the amount determined under the fee schedule
established under paragraph (2).
``(2) Establishment of fee schedule for dental and oral
health services.--
``(A) Establishment.--
``(i) In general.--The Secretary shall establish a fee
schedule for dental and oral health services furnished in
2025 and subsequent years. The fee schedule amount for a
dental or oral health service shall be equal 70 percent of
the national median fee (as determined under subparagraph
(B)) for the service or a similar service for the year (or,
in the case of dentures, at the bundled payment amount under
clause (iv) of such subparagraph), adjusted by the geographic
adjustment factor established under section 1848(e)(2) for
the area for the year.
``(ii) Consultation.--In carrying out this paragraph, the
Secretary shall consult annually with organizations
representing dentists and other providers who furnish dental
and oral health services and shall share with such providers
the data and data analysis used to determine fee schedule
amounts under this paragraph.
``(B) Determination of national median fee.--
``(i) In general.--For purposes of subparagraph (A), the
Secretary shall apply the national median fee for a dental or
oral health service for 2025 and subsequent years in
accordance with this subparagraph.
``(ii) Use of 2020 dental fee survey.--
``(I) In general.--Except as provided in clause (iii) or
clause (iv), the national median fee for a dental or oral
health service shall be equal to--
``(aa) for 2025, the median fee for the service in the
table titled `General Practitioners-National' of the `2020
Survey of Dental Fees' published by the American Dental
Association, increased by the applicable percent increase for
the year determined under subclause (II), as reduced by the
productivity adjustment under subclause (III); and
``(bb) for 2026 and subsequent years, the amount determined
under this subclause for the preceding year, updated pursuant
to subparagraph (C)(i).
``(II) Applicable percent increase.--The applicable percent
increase determined under this subclause for a year is an
amount equal to the percentage increase between--
``(aa) the consumer price index for all urban consumers
(United States city average) ending with June of the previous
year; and
``(bb) the consumer price index for all urban consumers
(United States city average) ending with June of 2020.
``(III) Productivity adjustment.--After determining the
applicable percentage increase under subclause (II) for a
year, the Secretary shall reduce such percentage increase by
the productivity adjustment described in section
1886(b)(3)(B)(xi)(II).
``(iii) Determination if insufficient survey data.--If the
Secretary determines there is insufficient data under the
Survey described in clause (ii) with respect to a dental or
oral health service, the national median fee for the service
for a year shall be equal to an amount established for the
service using one or more of the following methods, as
determined appropriate by the Secretary:
``(I) The payment basis determined under section 1848.
``(II) Fee schedules for dental and oral health services
which shall include, as practicable, fee schedules--
``(aa) under Medicare Advantage plans under part C;
``(bb) under State plans (or waivers of such plans) under
title XIX; and
``(cc) established by other health care payers.
``(iv) Special rule for dentures.--The Secretary shall make
payment for dentures and associated professional services as
a bundled payment as determined by the Secretary. In
establishing such bundled payment, the Secretary shall
consider the national median fee for the service for the year
determined under clause (ii) or (iii) and the rate determined
for such dentures under the Federal Supply Schedule of the
General Services Administration, as published by such
Administration in 2021, updated to the year involved using
the applicable percent increase for the year determined under
clause (ii)(II), as reduced by the productivity adjustment
under clause (ii)(III), and shall ensure that the payment
component for dentures under such bundled payment does not
exceed the maximum rate determined for such dentures under
the Federal Supply Schedule, as so published and updated to
the year involved.
``(C) Annual update and adjustments.--
``(i) Annual update.--The Secretary shall update payment
amounts determined under the fee schedule from year to year
beginning in 2026 by increasing such amounts from the prior
year by the percentage increase in the consumer price index
for all urban consumers (United States city average) for the
12-month period ending with June of the preceding year,
reduced by the productivity adjustment described in section
1886(b)(3)(B)(xi)(II).
``(ii) Adjustments.--
``(I) In general.--The Secretary shall, to the extent the
Secretary determines to be necessary and subject to subclause
(II), adjust the amounts determined under the fee schedule
established under this paragraph for 2026 and subsequent
years to take into account changes in dental practice, coding
changes, new data on work, practice, or malpractice expenses,
or the addition of new procedures.
``(II) Limitation on annual adjustments.--The adjustments
under subclause (I) for a year shall not cause the amount of
expenditures under this part for the year to differ by more
than $20,000,000 from the amount of expenditures under this
part that would have been made if such adjustments had not
been made.
``(3) Limitations.--With respect to dental and oral health
services that are preventive and screening services described
in paragraph (1)(A) of section 1861(lll)--
``(A) payment shall be made under this part for--
``(i) not more than 2 oral exams in a year;
``(ii) not more than 2 dental cleanings in a year;
``(iii) not more than 1 fluoride treatment in a year; and
``(iv) not more than 1 full-mouth series of x-rays as part
of a preventive and screening oral exam every 3 years; and
``(B) in the case of preventive and screening services not
described in subparagraph (A), payment shall be made under
this part only at such frequencies determined appropriate by
the Secretary.
``(4) Incentives for rural providers.--In the case of
dental and oral health services furnished by a doctor of
dental surgery or of dental medicine (as described in section
1861(r)(2)) or an oral health professional (as defined in
section 1861(lll)(3)) who predominantly furnishes such
services under this part in an area that is designated by the
Secretary (under section 332(a)(1)(A) of the Public Health
Service Act) as a health professional shortage area, in
addition to the amount of payment that would otherwise be
made for such services under this subsection, there also
shall be paid an amount equal to 10 percent of the payment
amount for the service under this subsection for such doctor
or professional.
``(5) Limitation on beneficiary liability.--The provisions
of section 1848(g) shall apply to a nonparticipating doctor
of dental surgery or of dental medicine (as described in
subsection (r)(2)) who does not accept payment on an
assignment-related basis for dental and oral health services
furnished with respect to an individual enrolled under this
part in the same manner as such provisions apply with respect
to a physician's service.
``(6) Establishment of dental administrator.--The Secretary
shall designate one or more (not to exceed 4) medicare
administrative contractors under section 1874A to establish
coverage policies and establish such policies and process
claims for payment for dental and oral health services, as
determined appropriate by the Secretary.''.
(d) Inclusion of Oral Health Professionals as Certain
Practitioners.--Section 1842(b)(18)(C) of the Social Security
Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the
end the following new clause:
``(vii) With respect to 2026 and each subsequent year, an
oral health professional (as defined in section
1861(lll)(3)).''.
(e) Exclusion Modifications.--Section 1862(a) of the Social
Security Act (42 U.S.C. 1395y(a)) is amended--
(1) in paragraph (1)--
[[Page S4240]]
(A) in subparagraph (O), by striking ``and'' at the end;
(B) in subparagraph (P), by striking the semicolon at the
end and inserting ``, and''; and
(C) by adding at the end the following new subparagraph:
``(Q) in the case of dental and oral health services (as
defined in section 1861(lll)) for which a limitation is
applicable under section 1834(z)(3), which are furnished more
frequently than is provided under such section.''; and
(2) in paragraph (12), by inserting before the semicolon at
the end the following: ``and except that payment shall be
made under part B for dental and oral health services that
are covered under section 1861(s)(2)(II)''.
(f) Inclusion as Excepted Medical Treatment.--Section
1821(b)(5)(A)(iii) of the Social Security Act (42 U.S.C.
1395i-5(b)(5)(A)), as added by section 11501(d), is amended--
(1) by striking ``or hearing aids'' and inserting ``hearing
aids''; and
(2) by inserting ``, or dental and oral health services (as
defined in subsection (lll) of such section)'' after
``subsection (s)(8) of such section''.
(g) Rural Health Clinics and Federally Qualified Health
Centers.--
(1) Coverage of dental and oral health services.--Section
1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), is
amended--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and'' at the end;
(ii) in subparagraph (C), by inserting ``and'' after the
comma at the end; and
(iii) by inserting after subparagraph (C) the following new
subparagraph:
``(D) dental and oral health services (as defined in
subsection (lll)) furnished by a doctor of dental surgery or
of dental medicine (as described in subsection (r)(2)) or an
oral health professional (as defined in subsection (lll)(3))
who is employed by or working under contract with a rural
health clinic if such rural health clinic furnishes such
services,''; and
(B) in paragraph (3)(A), by striking ``(C)'' and inserting
``(D)''.
(2) Temporary payment rates for certain services under the
rhc air and fqhc pps.--
(A) AIR.--Section 1833 of the Social Security Act (42
U.S.C. 1395l) is amended--
(i) in subsection (a)(3)(A), by inserting ``(which shall,
in the case of dental and oral health services (as defined in
section 1861(lll)), in lieu of any limits on reasonable costs
otherwise applicable, be based on the rates payable for such
services under the payment basis determined under section
1848 until such time as the Secretary determines sufficient
data has been collected to otherwise apply such limits (or
January 1, 2030, if no such determination has been made as of
such date))'' after ``may prescribe in regulations''; and
(ii) by adding at the end the following new subsection:
``(ee) Disregard of Costs Attributable to Certain Services
From Calculation of RHC AIR.--Payments for rural health
clinic services other than dental and oral health services
(as defined in section 1861(lll)) under the methodology for
all-inclusive rates (established by the Secretary) under
subsection (a)(3) shall not take into account the costs of
such services while rates for such services are based on
rates payable for such services under the payment basis
established under section 1848.''.
(B) PPS.--Section 1834(o) of the Social Security Act (42
U.S.C. 1395m(o)) is amended by adding at the end the
following new paragraph:
``(5) Temporary payment rates based on pfs for certain
services.--The Secretary shall, in establishing payment rates
for dental and oral health services (as defined in section
1861(lll) that are Federally qualified health center services
under the prospective payment system established under this
subsection, in lieu of the rates otherwise applicable under
such system, base such rates on rates payable for such
services under the payment basis established under section
1848 until such time as the Secretary determines sufficient
data has been collected to otherwise establish rates for such
services under such system (or January 1, 2030, if no such
determination has been made as of such date). Payments for
Federally qualified health center services other than such
dental and oral health services under such system shall not
take into account the costs of such services while rates for
such services are based on rates payable for such services
under the payment basis established under section 1848.''.
(h) Implementation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Health
and Human Services for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $900,000,000, to
remain available until expended, for purposes of implementing
the amendments made by this section during the period
beginning on January 1, 2022, and ending on September 30,
2031.
SEC. 11503. PROVIDING COVERAGE FOR HEARING CARE UNDER THE
MEDICARE PROGRAM.
(a) Provision of Audiology Services by Qualified
Audiologists and Hearing Aid Examination Services by
Qualified Hearing Aid Professionals.--
(1) In general.--Section 1861(ll) of the Social Security
Act (42 U.S.C. 1395x(ll)) is amended--
(A) in paragraph (3)--
(i) by inserting ``(A)'' after ``(3)'';
(ii) in subparagraph (A), as added by clause (i) of this
subparagraph--
(I) by striking ``means such hearing and balance assessment
services'' and inserting ``means--
``(i) such hearing and balance assessment services and,
beginning January 1, 2024, such hearing aid examination
services and treatment services (including aural
rehabilitation, vestibular rehabilitation, and cerumen
management)'';
(II) in clause (i), as added by subclause (I) of this
clause, by striking the period at the end and inserting ``;
and''; and
(III) by adding at the end the following new clause:
``(ii) beginning January 1, 2024, such hearing aid
examination services furnished by a qualified hearing aid
professional (as defined in paragraph (4)(C)) as the
professional is legally authorized to perform under State law
(or the State regulatory mechanism provided by State law), as
would otherwise be covered if furnished by a physician.'';
and
(iii) by adding at the end the following new subparagraph:
``(B) Beginning January 1, 2024, audiology services
described in subparagraph (A)(i) shall be furnished without a
requirement for an order from a physician or practitioner.'';
and
(B) in paragraph (4), by adding at the end the following
new subparagraph:
``(C) The term `qualified hearing aid professional' means
an individual who--
``(i) is licensed or registered as a hearing aid dispenser,
hearing aid specialist, hearing instrument dispenser, or
related professional by the State in which the individual
furnishes such services; and
``(ii) is accredited by the National Board for
Certification in Hearing Instrument Sciences or meets such
other requirements as the Secretary determines appropriate
(including requirements relating to educational
certifications or accreditations) taking into account any
additional relevant requirements for hearing aid specialists,
hearing aid dispensers, and hearing instrument dispensers
established by Medicare Advantage organizations under part C,
State plans (or waivers of such plans) under title XIX, and
group health plans and health insurance issuers (as such
terms are defined in section 2791 of the Public Health
Service Act).''.
(2) Payment for qualified hearing aid professionals.--
Section 1833(a)(1) of the Social Security Act (42 U.S.C.
1395l(a)(1)), as amended by section 11101(b) and 11501, is
further amended--
(A) by striking ``and'' before ``(FF)''; and
(B) by inserting before the semicolon at the end the
following: ``and (GG) with respect to hearing aid examination
services (as described in paragraph (3)(A)(ii) of section
1861(ll)) furnished by a qualified hearing aid professional
(as defined in paragraph (4)(C) of such section), the amounts
paid shall be equal to 80 percent of the lesser of the actual
charge for such services or 85 percent of the amount for such
services determined under the payment basis determined under
section 1848''.
(3) Inclusion of qualified audiologists and qualified
hearing aid professionals as certain practitioners to receive
payment on an assignment-related basis.--
(A) Qualified audiologists.--Section 1842(b)(18)(C) of the
Social Security Act (42 U.S.C. 1395u(b)(18)(C)), as amended
by section 11502, is amended by adding at the end the
following new clause:
``(viii) Beginning on January 1, 2024, a qualified
audiologist (as defined in section 1861(ll)(4)(B)).''.
(B) Qualified hearing aid professionals.--Section
1842(b)(18) of the Social Security Act (42 U.S.C.
1395u(b)(18)) is amended--
(i) in each of subparagraphs (A) and (B), by ``striking
subparagraph (C)'' and inserting ``subparagraph (C) or,
beginning on January 1, 2024, subparagraph (E)''; and
(ii) by adding at the end the following new subparagraph:
``(E) A practitioner described in this subparagraph is a
qualified hearing aid professional (as defined in section
1861(ll)(4)(C)).''.
(b) Coverage of Hearing Aids.--
(1) Inclusion of hearing aids as prosthetic devices.--
Section 1861(s)(8) of the Social Security Act (42 U.S.C.
1395x(s)(8)) is amended by inserting ``, and including
hearing aids (as described in section 1834(h)(7)) furnished
on or after January 1, 2024, to individuals with moderately
severe, severe, or profound hearing loss'' before the
semicolon at the end.
(2) Payment limitations for hearing aids.--Section 1834(h)
of the Social Security Act (42 U.S.C. 1395m(h)) is amended by
adding at the end the following new paragraphs:
``(6) Payment only on an assignment-related basis.--Payment
for hearing aids for which payment may be made under this
part may be made only on an assignment-related basis. The
provisions of subparagraphs (A) and (B) of section
1842(b)(18) shall apply to hearing aids in the same manner as
they apply to services furnished by a practitioner described
in subparagraph (C) of such section.
``(7) Limitations for hearing aids.--
``(A) In general.--Payment may be made under this part with
respect to an individual, with respect to hearing aids
furnished by a qualified hearing aid supplier (as defined in
subparagraph (B)) on or after January 1, 2024--
[[Page S4241]]
``(i) not more than once per ear during a 5-year period;
``(ii) only for types of such hearing aids that are
determined appropriate by the Secretary; and
``(iii) only if furnished pursuant to a written order of a
physician, qualified audiologist (as defined in section
1861(ll)(4)), qualified hearing aid professional (as so
defined), physician assistant, nurse practitioner, or
clinical nurse specialist.
``(B) Definitions.--In this subsection:
``(i) Hearing aid.--The term `hearing aid' means the item
and related services including selection, fitting,
adjustment, and patient education and training.
``(ii) Qualified hearing aid supplier.--The term `qualified
hearing aid supplier' means--
``(I) a qualified audiologist;
``(II) a physician (as defined in section 1861(r)(1));
``(III) a physician assistant, nurse practitioner, or
clinical nurse specialist;
``(IV) a qualified hearing aid professional (as defined in
1861(ll)(4)(C)); and
``(V) other suppliers as determined by the Secretary.''.
(3) Application of competitive acquisition.--
(A) In general.--Section 1834(h)(1)(H) of the Social
Security Act (42 U.S.C. 1395m(h)(1)(H)) is amended--
(i) in the header, by inserting ``and hearing aids'' after
``orthotics'';
(ii) by inserting ``or of hearing aids described in
paragraph (2)(D) of such section,'' after ``2011,''; and
(iii) in clause (i), by inserting ``or such hearing aids''
after ``such orthotics''.
(B) Conforming amendments.--
(i) In general.--Section 1847(a)(2) of the Social Security
Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the end
the following new subparagraph:
``(D) Hearing aids.--Hearing aids described in section
1861(s)(8) for which payment would otherwise be made under
section 1834(h).''.
(ii) Exemption of certain items from competitive
acquisition.--Section 1847(a)(7) of the Social Security Act
(42 U.S.C. 1395w-3(a)(7)) is amended by adding at the end the
following new subparagraph:
``(C) Certain hearing aids.--Those items and services
described in paragraph (2)(D) if furnished by a physician or
other practitioner (as defined by the Secretary) to the
physician's or practitioner's own patients as part of the
physician's or practitioner's professional service.''.
(iii) Implementation.--Section 1847(a) of the Social
Security Act (42 U.S.C. 1395w-3(a)) is amended by adding at
the end the following new paragraph:
``(8) Competition with respect to hearing aids.--Not later
than January 1, 2029, the Secretary shall begin the
competition with respect to the items and services described
in paragraph (2)(D).''.
(4) Physician self-referral law.--Section 1877(b) of the
Social Security Act (42 U.S.C. 1395nn(b)) is amended by
adding at the end the following new paragraph:
``(6) Hearing aids and services.--In the case of hearing
aid examination services and hearing aids--
``(A) furnished on or after January 1, 2024, and before
January 1, 2026; and
``(B) furnished on or after January 1, 2026, if the
financial relationship specified in subsection (a)(2) meets
such requirements the Secretary imposes by regulation to
protect against program or patient abuse.''.
(c) Exclusion Modification.--Section 1862(a)(7) of the
Social Security Act (42 U.S.C. 1395y(a)(7)) is amended by
inserting ``(except such hearing aids or examinations
therefor as described in and otherwise allowed under section
1861(s)(8))'' after ``hearing aids or examinations
therefor''.
(d) Inclusion as Excepted Medical Treatment.--Section
1821(b)(5)(A) of the Social Security Act (42 U.S.C. 1395i-
5(b)(5)(A)) is amended--
(1) in clause (i), by striking ``or'';
(2) in clause (ii), by striking the period and inserting
``, or''; and
(3) by adding at the end the following new clause:
``(iii) consisting of audiology services described in
subsection (ll)(3) of section 1861, or hearing aids described
in subsection (s)(8) of such section, that are payable under
part B as a result of the amendments made by the Act titled
`An Act to provide for reconciliation pursuant to title II of
S. Con. Res. 14'.''.
(e) Rural Health Clinics and Federally Qualified Health
Centers.--
(1) Clarifying coverage of audiology services as
physicians' services.--Section 1861(aa)(1)(A) of the Social
Security Act (42 U.S.C. 1395x(aa)(1)(A)) is amended by
inserting ``(including audiology services (as defined in
subsection (ll)(3)))'' after ``physicians' services''.
(2) Inclusion of qualified audiologists and qualified
hearing aid professionals as rhc and fqhc practitioners.--
Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C.
1395x(aa)(1)(B)) is amended by inserting ``or by a qualified
audiologist or a qualified hearing aid professional (as such
terms are defined in subsection (ll)),'' after ``(as defined
in subsection (hh)(1)),''.
(3) Temporary payment rates for certain services under the
rhc air and fqhc pps.--
(A) AIR.--Section 1833 of the Social Security Act (42
U.S.C. 1395l), as amended by section 11502(g), is amended--
(i) in subsection (a)(3)(A), by inserting ``and audiology
services (as defined in section 1861(ll)(3))'' after ``(as
defined in section 1861(lll)''; and
(ii) in subsection (e), by inserting ``and audiology
services (as defined in section 1861(ll)(3))'' after ``(as
defined in section 1861(lll)''.
(B) PPS.--Section 1834(o)(5) of the Social Security Act (42
U.S.C. 1395m(o)), as added by section 11501(e), is amended--
(i) in the first sentence, by inserting `` and audiology
services (as defined in section 1861(ll)(3))'' after ``(as
defined in section 1861(lll))''; and
(ii) in the second sentence, by inserting ``and such
audiology services'' after ``such dental and oral health
services''.
(f) Implementation for 2023 Through 2025.--The Secretary of
Health and Human Services shall implement the provisions of,
and the amendments made by, this section for 2023, 2024, and
2025 by program instruction or other forms of program
guidance.
(g) Funding.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Health and Human
Services for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $370,000,000, to remain
available until expended, for purposes of implementing the
amendments made by this section during the period beginning
on January 1, 2023, and ending on September 30, 2032.
SEC. 11504. PROVIDING COVERAGE FOR VISION CARE UNDER THE
MEDICARE PROGRAM.
(a) Coverage.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)), as amended by section 11502(a),
is amended--
(1) in subparagraph (HH), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (II), by striking the period at the end
and adding ``; and''; and
(3) by adding at the end the following new subparagraph:
``(JJ) vision services (as defined in subsection (mmm));''.
(b) Vision Services Defined.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x), as amended by section
11502(b), is amended by adding at the end the following new
subsection:
``(mmm) Vision Services.--The term `vision services' means
routine eye examinations to determine the refractive state of
the eyes, including procedures performed during the course of
such examination, furnished on or after January 1, 2023, by
or under the direct supervision of an ophthalmologist or
optometrist who is legally authorized to furnish such
examinations or procedures (as applicable) under State law
(or the State regulatory mechanism provided by State law) of
the State in which the examinations or procedures are
furnished.''.
(c) Payment Limitations.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m), as amended by section
11502(c), is amended by adding at the end the following new
subsection:
``(aa) Limitation for Vision Services.--With respect to
vision services (as defined in section 1861(mmm)) and an
individual, payment shall be made under this part for only 1
routine eye examination described in such subsection during a
2-year period.''.
(d) Payment Under Physician Fee Schedule.--Section
1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-
4(j)(3)) is amended by inserting ``(2)(JJ),'' before ``(3)''.
(e) Coverage of Conventional Eyeglasses.--Section
1861(s)(8) of the Social Security Act (42 U.S.C.
1395x(s)(8)), as amended by section 11503(b), is amended by
striking ``, and including one pair of conventional
eyeglasses or contact lenses furnished subsequent to each
cataract surgery with insertion of an intraocular lens'' and
inserting ``, including one pair of conventional eyeglasses
or contact lenses furnished subsequent to each cataract
surgery with insertion of an intraocular lens, if furnished
before January 1, 2023, and including (as described in
section 1834(h)(8)) conventional eyeglasses, whether or not
furnished subsequent to such a surgery, if furnished on or
after January 1, 2023''.
(f) Special Payment Rules for Eyeglasses.--
(1) Limitations.--Section 1834(h) of the Social Security
Act (42 U.S.C. 1395m(h)), as amended by section 11503(b), is
amended by adding at the end the following new paragraph:
``(8) Payment limitations for eyeglasses.--
``(A) In general.--With respect to conventional eyeglasses
furnished to an individual on or after January 1, 2023,
subject to subparagraph (B), payment shall be made under this
part only during a 2-year period, for one pair of eyeglasses
(including lenses and the frame).
``(B) Exception.--With respect to a 2-year period described
in subparagraph (A), in the case of an individual who
receives cataract surgery with insertion of an intraocular
lens, payment shall be made under this part for one pair of
conventional eyeglasses furnished subsequent to such cataract
surgery during such period.
``(C) No coverage of certain items.--Payment shall not be
made under this part for deluxe eyeglasses or conventional
reading glasses.''.
(2) Application of competitive acquisition.--
(A) In general.--Section 1834(h)(1)(H) of the Social
Security Act (42 U.S.C. 1395m(h)(1)(H)), as amended by
section 11503(b), is amended--
(i) in the header, by striking ``and hearing aids'' and
inserting ``hearing aids, and eyeglasses''
[[Page S4242]]
(ii) by striking ``or of hearing aids'' and inserting ``of
hearing aids'';
(iii) by inserting ``or of eyeglasses described in
paragraph (2)(E) of such section,'' after ``paragraph (2)(D)
of such section,''; and
(iv) in clause (i), by striking ``or such hearing aids''
and inserting ``, such hearing aids, or such eyeglasses''.
(B) Conforming amendment.--Section 1847(a)(2) of the Social
Security Act (42 U.S.C. 1395w-3(a)(2)), as amended by section
11503(b), is amended by adding at the end the following new
subparagraph:
``(E) Eyeglasses.--Eyeglasses described in section
1861(s)(8) for which payment would otherwise be made under
section 1834(h).''.
(C) Implementation.--Section 1847(a) of the Social Security
Act (42 U.S.C. 1395w-3(a)), as amended by section 11503(b),
is amended by adding at the end the following new paragraph:
``(9) Competition with respect to eyeglasses.--Not later
than January 1, 2028, the Secretary shall begin the
competition with respect to the items and services described
in paragraph (2)(E).''.
(g) Exclusion Modifications.--Section 1862(a) of the Social
Security Act (42 U.S.C. 1395y(a)), as amended by section
11502(e), is amended--
(1) in paragraph (1)--
(A) in subparagraph (P), by striking ``and'' at the end;
(B) in subparagraph (Q), by striking the semicolon at the
end and inserting ``, and''; and
(C) by adding at the end the following new subparagraph:
``(R) in the case of vision services (as defined in section
1861(mmm)) that are routine eye examinations as described in
such section, which are furnished more frequently than once
during a 2-year period;''; and
(2) in paragraph (7)--
(A) by inserting ``(other than such an examination that is
a vision service that is covered under section
1861(s)(2)(JJ))'' after ``eye examinations''; and
(B) by inserting ``(other than such a procedure that is a
vision service that is covered under section
1861(s)(2)(JJ))'' after ``refractive state of the eyes''.
(h) Inclusion as Excepted Medical Treatment.--Section
1821(b)(5)(A)(iii) of the Social Security Act (42 U.S.C.
1395i-5(b)(5)(A)), as added by section 11501(d) and amended
by section 11503(f), is amended--
(1) by striking ``or dental'' and inserting ``dental''; and
(2) by inserting ``, or vision services (as defined in
subsection (mmm) of such section)'' after ``(as defined in
subsection (lll) of such section)''.
(i) Rural Health Clinics and Federally Qualified Health
Centers.--
(1) Clarifying coverage of vision services as physicians'
services.--Section 1861(aa)(1)(A) of the Social Security Act
(42 U.S.C. 1395x(aa)(1)(A)), as amended by section 11501(e),
is amended by inserting ``and vision services (as defined in
subsection (mmm))'' after ``(as defined in subsection
(ll)(3))''.
(2) Temporary payment rates for certain services under the
rhc air and fqhc pps.--
(A) AIR.--Section 1833 of the Social Security Act (42
U.S.C. 1395l), as amended by sections 11502(g) and 11503(e),
is amended--
(i) in subsection (a)(3)(A)--
(I) by striking ``or audiology'' and inserting ``,
audiology''; and
(II) by inserting ``, or vision services (as defined in
section 1861(mmm))'' after ``(as defined in section
1861(ll)(3))''; and
(ii) in subsection (e)--
(I) by striking ``or audiology'' and inserting ``,
audiology''; and
(II) by inserting ``, and vision services (as defined in
section 1861(mmm))'' after ``(as defined in section
1861(ll)(3))''.
(B) PPS.--Section 1834(o)(5) of the Social Security Act (42
U.S.C. 1395m(o)), as added by section 11502(g) and amended by
section 11503(e), is amended--
(i) in the first sentence--
(I) by striking ``and audiology'' and inserting ``,
audiology''; and
(II) by inserting ``, and vision services (as defined in
section 1861(mmm))'' after ``(as defined in section
1861(ll)(3))''; and
(ii) in the second sentence, by striking ``and such
audiology services'' and inserting ``, such audiology
services, and such vision services''.
(j) Expediting Implementation.--The Secretary shall
implement this section for the period beginning on January 1,
2023, and ending on December 31, 2024, through program
instruction or other forms of program guidance.
(k) Funding.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Health and Human
Services for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, to remain
available until expended, for purposes of implementing the
amendments made by this section during the period beginning
on January 1, 2023, and ending on September 30, 2031.
SEC. 11505. PHASE-IN OF IMPACT OF DENTAL AND ORAL HEALTH
COVERAGE ON PART B PREMIUMS.
Section 1839(a) of the Social Security Act (42 U.S.C.
1395r(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``and (7)'' and inserting ``(7), and (8)'';
(2) in paragraph (3), by striking ``The Secretary'' and
inserting ``Subject to paragraph (8)(C), the Secretary''; and
(3) by adding at the end the following:
``(8) Special Rule for 2025 Through 2028.--
``(A) Determination of alternative monthly actuarial rate
for each of 2025 through 2028.--For each of 2025 through
2028, the Secretary shall, at the same time as and in
addition to the determination of the monthly actuarial rate
for enrollees age 65 and over determined in each of 2024
through 2027 for the succeeding calendar year according to
paragraph (1), determine an alternative monthly actuarial
rate for enrollees age 65 and over for the year as described
in subparagraph (B).
``(B) Alternative monthly actuarial rate described.--
``(i) In general.--The alternative monthly actuarial rate
described in this subparagraph is--
``(I) for 2025, the monthly actuarial rate for enrollees
age 65 and over for the year, determined as if the amendments
made by section 11502 of the Act titled `An Act to provide
for reconciliation pursuant to title II of S. Con. Res. 14'
did not apply; and
``(II) for 2026, 2027, and 2028, the monthly actuarial rate
for enrollees age 65 and over for the year, determined as if
the amendments made by such section 11502 did not apply, plus
the applicable percent of the amount by which--
``(aa) the monthly actuarial rate for enrollees age 65 and
over for the year determined according to paragraph (1);
exceeds
``(bb) the monthly actuarial rate for enrollees age 65 and
over for the year, determined as if the amendments made by
such section 11502 did not apply.
``(ii) Definition of applicable percent.--For purposes of
this subparagraph, the term `applicable percent' means--
``(I) for 2026, 25 percent;
``(II) for 2027, 50 percent; and
``(III) for 2028, 75 percent.
``(C) Application to part b premium and other provisions of
this part.--For each of 2025 through 2028, the Secretary
shall use the alternative monthly actuarial rate for
enrollees age 65 and over for the year determined under
subparagraph (A), in lieu of the monthly actuarial rate for
such enrollees for the year determined according to paragraph
(1), when determining the monthly premium rate for the year
under paragraph (3) and subsection (j), the part B deductible
under section 1833(b), and the premium subsidy and monthly
adjustment amount under subsection (i).''.
Subpart B--Tax Provisions
SEC. 11511. APPLICATION OF NET INVESTMENT INCOME TAX TO TRADE
OR BUSINESS INCOME OF CERTAIN HIGH INCOME
INDIVIDUALS.
(a) In General.--Section 1411 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Application to Certain High Income Individuals.--
``(1) In general.--In the case of any individual whose
modified adjusted gross income for the taxable year exceeds
the high income threshold amount, subsection (a)(1) shall be
applied by substituting `the greater of specified net income
or net investment income' for `net investment income' in
subparagraph (A) thereof.
``(2) Phase-in of increase.--The increase in the tax
imposed under subsection (a)(1) by reason of the application
of paragraph (1) of this subsection shall not exceed the
amount which bears the same ratio to the amount of such
increase (determined without regard to this paragraph) as--
``(A) the excess described in paragraph (1), bears to
``(B) $100,000 (\1/2\ such amount in the case of a married
taxpayer (as defined in section 7703) filing a separate
return).
``(3) High income threshold amount.--For purposes of this
subsection, the term `high income threshold amount' means--
``(A) except as provided in subparagraph (B) or (C),
$400,000,
``(B) in the case of a taxpayer making a joint return under
section 6013 or a surviving spouse (as defined in section
2(a)), $500,000, and
``(C) in the case of a married taxpayer (as defined in
section 7703) filing a separate return, \1/2\ of the dollar
amount determined under subparagraph (B).
``(4) Specified net income.--For purposes of this section,
the term `specified net income' means net investment income
determined--
``(A) without regard to the phrase `other than such income
which is derived in the ordinary course of a trade or
business not described in paragraph (2),' in subsection
(c)(1)(A)(i),
``(B) without regard to the phrase `described in paragraph
(2)' in subsection (c)(1)(A)(ii),
``(C) without regard to the phrase `other than property
held in a trade or business not described in paragraph (2)'
in subsection (c)(1)(A)(iii),
``(D) without regard to paragraphs (2), (3), and (4) of
subsection (c), and
``(E) by treating paragraphs (5) and (6) of section 469(c)
(determined without regard to the phrase `To the extent
provided in regulations,' in such paragraph (6)) as applying
for purposes of subsection (c) of this section.''.
(b) Application to Trusts and Estates.--Section
1411(a)(2)(A) of the Internal Revenue Code of 1986 is amended
by striking ``undistributed net investment income'' and
inserting ``the greater of undistributed specified net income
or undistributed net investment income''.
[[Page S4243]]
(c) Clarifications With Respect to Determination of Net
Investment Income.--
(1) Certain exceptions.--Section 1411(c)(6) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(6) Special rules.--Net investment income shall not
include--
``(A) any item taken into account in determining self-
employment income for such taxable year on which a tax is
imposed by section 1401(b),
``(B) wages received with respect to employment on which a
tax is imposed under section 3101(b) or 3201(a) (including
amounts taken into account under section 3121(v)(2)), and
``(C) wages received from the performance of services
earned outside the United States for a foreign employer.''.
(2) Net operating losses not taken into account.--Section
1411(c)(1)(B) of such Code is amended by inserting ``(other
than section 172)'' after ``this subtitle''.
(3) Inclusion of certain foreign income.--
(A) In general.--Section 1411(c)(1)(A) of such Code is
amended by striking ``and'' at the end of clause (ii), by
striking ``over'' at the end of clause (iii) and inserting
``and'', and by adding at the end the following new clause:
``(iv) any amount includible in gross income under section
951, 951A, 1293, or 1296, over''.
(B) Proper treatment of certain previously taxed income.--
Section 1411(c) of such Code is amended by adding at the end
the following new paragraph:
``(7) Certain previously taxed income.--The Secretary shall
issue regulations or other guidance providing for the
treatment of--
``(A) distributions of amounts previously included in gross
income for purposes of chapter 1 but not previously subject
to tax under this section, and
``(B) distributions described in section 962(d).''.
(d) Deposit Into Medicare Hospital Insurance Trust Fund.--
Section 1817(a) of the Social Security Act (42 U.S.C.
1395i(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the excess of--
``(A) the taxes imposed by 1411(a) of the Internal Revenue
Code of 1986, as reported to the Secretary of the Treasury or
his delegate pursuant to subtitle F of such Code after
December 31, 2022, over
``(B) the taxes which would have been imposed under such
section after such date, determined as if the amendments made
by section 11511 of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14') did
not apply, as estimated by the Secretary of the Treasury.''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
(f) Transition Rule.--The regulations or other guidance
issued by the Secretary under section 1411(c)(7) of the
Internal Revenue Code of 1986 (as added by this section)
shall include provisions which provide for the proper
coordination and application of clauses (i) and (iv) of
section 1411(c)(1)(A) with respect to--
(1) taxable years beginning on or before December 31, 2022,
and
(2) taxable years beginning after such date.
SEC. 11512. INCREASE IN TOP MARGINAL INDIVIDUAL INCOME TAX
RATE.
(a) Re-establishment of 39.6 Percent Rate Bracket.--
(1) Married individuals filing joint returns and surviving
spouses.--The table contained in section 1(j)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking the last
two rows and inserting the following: ``
$91,379, plus 35% of the excess over $400,000..........................
$108,879, plus 39.6% of the excess over $450,000.''....................
(2) Heads of households.--The table contained in section
1(j)(2)(B) of such Code is amended by striking the last two
rows and inserting the following: ``
$44,298, plus 35% of the excess over $200,000..........................
$123,048, plus 39.6% of the excess over $425,000.''....................
(3) Unmarried individuals other than surviving spouses and
heads of households.--The table contained in section
1(j)(2)(C) of such Code is amended by striking the last two
rows and inserting the following: ``
$45,689.50, plus 35% of the excess over $200,000.......................
$115,689.50, plus 39.6% of the excess over $400,000.''.................
(4) Married individuals filing separate returns.--The table
contained in section 1(j)(2)(D) of such Code is amended by
striking the last two rows and inserting the following: ``
$45,689.50, plus 35% of the excess over $200,000.......................
$54,439.50, plus 39.6% of the excess over $225,000.''..................
(5) Estates and trusts.--The table contained in section
1(j)(2)(E) of such Code is amended by striking the last row
and inserting the following: ``
$3,011.50, plus 39.6% of the excess over $12,500.''....................
(b) Application of Adjustments.--Section 1(j)(3) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(3) Adjustments.--For taxable years beginning after
December 31, 2022, the Secretary shall prescribe tables which
shall apply in lieu of the tables contained in paragraph (2)
in the same manner as under paragraphs (1) and (2) of
subsection (f) (applied without regard to clauses (i) and
(ii) of subsection (f)(2)(A)), except that in prescribing
such tables--
``(A) except as provided in subparagraph (B), subsection
(f)(3) shall be applied by substituting `calendar year 2017'
for `calendar year 2016' in subparagraph (A)(ii) thereof,
``(B) in the case of adjustments to the dollar amounts at
which the 39.6 percent rate bracket begins (other than such
dollar amount in paragraph (2)(E))--
``(i) no adjustment shall be made for taxable years
beginning after December 31, 2022, and before January 1,
2024, and
``(ii) in the case of any taxable year beginning after
December 31, 2023, subsection (f)(3) shall be applied by
substituting `calendar year 2022' for `calendar year 2016',
``(C) subsection (f)(7)(B) shall apply to any unmarried
individual other than a surviving spouse, and
``(D) subsection (f)(8) shall not apply.''.
(c) Modification to 39.6 Percent Rate Bracket for High-
income Taxpayers After 2025.--Section 1(i)(3) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(3) Modifications to 39.6 percent rate bracket.--In the
case of taxable years beginning after December 31, 2025--
``(A) In general.--The rate of tax under subsections (a),
(b), (c), and (d) on a taxpayer's taxable income in excess of
the 39.6 percent rate bracket threshold shall be taxed at a
rate of 39.6 percent.
``(B) 39.6 percent rate bracket threshold.--For purposes of
this paragraph, the term `39.6 percent rate bracket
threshold' means--
``(i) in the case any taxpayer described in subsection (a),
$450,000,
``(ii) in the case of any taxpayer described in subsection
(b), $425,000,
``(iii) in the case of any taxpayer described in subsection
(c), $400,000, and
``(iv) in the case of any taxpayer described in subsection
(d), $225,000.
``(C) Inflation adjustment.--For purposes of this
paragraph, with respect to taxable years beginning in
calendar years after 2025, each of the dollar amounts in
subparagraph (B) shall be adjusted in the same manner as
under paragraph (1)(C)(i), except that subsection
(f)(3)(A)(ii) shall be applied by substituting `2022' for
`2016'.''.
(d) Conforming Amendments.--
(1) Section 1(j)(1) of the Internal Revenue Code of 1986 is
amended by striking ``December 31, 2017'' and inserting
``December 31, 2022''.
(2) The heading of section 1(j) is amended by striking
``2018'' and inserting ``2023''.
(3) The heading of section 1(i) is amended by striking
``Rate Reductions'' and inserting ``Modifications''
(4) Section 15(f) is amended by striking ``rate
reductions'' and inserting ``modifications''.
(e) Section 15 Not to Apply.--For rules providing that
section 15 of the Internal Revenue Code of 1986 does not
apply to the amendments made by this section, see sections
1(j)(6) and 15(f) of the Internal Revenue Code of 1986.
(f) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5212. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 50171 and insert the following:
SEC. 50171. DEPARTMENT OF ENERGY OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$268,000,000, to remain available through September 30, 2031,
for oversight by the Department of Energy Office of Inspector
General of Department of Energy activities.
______
SA 5213. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
On page __, strike lines ___ through ____ and insert the
following:
(3) No tax increases on certain taxpayers.--Nothing in this
subsection shall be applied in a manner that increases taxes
on any taxpayer with a taxable income below $400,000.
______
SA 5214. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In title VII, strike section 70001 and insert the
following:
[[Page S4244]]
SEC. 70001. FUNDING FOR THE DEPORTATION AND REMOVAL OF
ILLEGAL ALIENS WHO HAVE COMMITTED HOMICIDE
OFFENSES IN THE UNITED STATES.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Homeland Security for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $300,000,000, to remain available until
expended, for necessary expenses of U.S. Immigration and
Customs Enforcement for operations and support for
enforcement, detention, and removal operations relating to
illegal aliens who have committed homicide offenses in the
United States.
______
SA 5215. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In title VII, strike section 70001 and insert the
following:
SEC. 70001. FUNDING FOR THE DEPORTATION AND REMOVAL OF
ILLEGAL ALIENS WHO HAVE COMMITTED FELONY RAPE
OFFENSES IN THE UNITED STATES.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Homeland Security for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $300,000,000, to remain available until
expended, for necessary expenses of U.S. Immigration and
Customs Enforcement for operations and support for
enforcement, detention, and removal operations relating to
illegal aliens who have committed felony rape offenses in the
United States.
______
SA 5216. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In title VII, strike section 70001 and insert the
following:
SEC. 70001. FUNDING FOR THE DEPORTATION AND REMOVAL OF
ILLEGAL ALIENS WHO HAVE COMMITTED SEXUAL
OFFENSES INVOLVING MINORS IN THE UNITED STATES.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Homeland Security for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $300,000,000, to remain available until
expended, for necessary expenses of U.S. Immigration and
Customs Enforcement for operations and support for
enforcement, detention, and removal operations relating to
illegal aliens who have committed sexual offenses involving
minors in the United States.
______
SA 5217. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
On page 371, strike lines 1 through 16 and insert the
following:
``(A) In general.--The requirement described in this
subparagraph with respect to a vehicle is that, with respect
to the battery from which the electric motor of such vehicle
draws electricity--
``(i) none of the applicable critical minerals (as defined
in section 45X(c)(6)) contained in such battery were
extracted or processed in any country whose government has,
according to a determination issued by the Secretary of State
during the 10-year period preceding the date of enactment of
the Inflation Reduction Act of 2022, committed genocide or
crimes against humanity, and
``(ii) the percentage of the value of the applicable
critical minerals (as so defined) contained in such battery
that were--
``(I) extracted or processed in any country with which the
United States has a free trade agreement in effect, or
``(II) recycled in North America,
is equal to or greater than the applicable percentage (as
certified by the qualified manufacturer, in such form or
manner as prescribed by the Secretary).
______
SA 5218. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In title VII, strike section 70002 and insert the
following:
SEC. 70002. FUNDING FOR THE DEPORTATION AND REMOVAL OF
ILLEGAL ALIENS WHO HAVE COMMITTED FELONY
CRIMINAL OFFENSES IN THE UNITED STATES.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Homeland Security for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $2,500,000,000, to remain available until
expended, for necessary expenses of U.S. Immigration and
Customs Enforcement for operations and support for
enforcement, detention, and removal operations relating to
illegal aliens who have committed felony criminal offenses in
the United States.
______
SA 5219. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
On page 717, strike line 3 and all that follows through
``$3,000,000,000'' on line 10, and insert the following:
SEC. 70002. DRUG INTERDICTION ALONG BORDER; IMMIGRATION
ENFORCEMENT, DETENTION, AND REMOVAL; UNITED
STATES POSTAL SERVICE CLEAN FLEETS.
(a) In addition to amounts otherwise available, there is
appropriated to the Secretary of Homeland Security for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,000,000,000, to remain available until
expended, for--
(1) procurement, construction, and improvements for
technology that has been authorized by U.S. Customs and
Border Protection to detect drug contraband entering the
United States at or between ports of entry;
(2) salaries and expenses relating to U.S. Customs and
Border Protection's technology for detecting drugs and
contraband entering the United States at or between ports of
entry; and
(3) necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support for enforcement,
detention, and removal operations relating to illegal aliens
who have committed felony criminal offenses in the United
States.
(b) In addition to amounts otherwise available, there is
appropriated to the United States Postal Service for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to be deposited in the Postal Service Fund
established under section 2003 of title 39, United States
Code, $1,500,000,000
______
SA 5220. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
On page 717, strike line 3 and all that follows through
``$3,000,000,000'' on line 10, and insert the following:
SEC. 70002. DRUG INTERDICTION ALONG BORDER; UNITED STATES
POSTAL SERVICE CLEAN FLEETS.
(a) In addition to amounts otherwise available, there is
appropriated to the Secretary of Homeland Security for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,500,000,000, to remain available until
expended, for--
(1) procurement, construction, and improvements for
technology that has been authorized by U.S. Customs and
Border Protection to detect drug contraband entering the
United States at or between ports of entry; and
(2) salaries and expenses relating to U.S. Customs and
Border Protection's technology for detecting drugs and
contraband entering the United States at or between ports of
entry.
(b) In addition to amounts otherwise available, there is
appropriated to the United States Postal Service for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to be deposited in the Postal Service Fund
established under section 2003 of title 39, United States
Code, $1,500,000,000
______
SA 5221. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In title VII, strike section 70006 and insert the
following:
SEC. 70006. FEDERAL EMERGENCY MANAGEMENT AGENCY BUILDING
MATERIALS PROGRAM.
(a) In General.--The Administrator of the Federal Emergency
Management Agency may provide financial assistance in
accordance with sections 203(h), 404(a), and 406(b) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133(h), 42 U.S.C. 5170c(a), 42 U.S.C.
5172(b)) for--
(1) costs associated with the construction of a border wall
or barrier between Mexico and the United States; and
(2) costs associated with the construction or maintenance
of detention facilities for illegal aliens awaiting
deportation.
(b) Sunset.--This section shall cease to be effective after
September 30, 2026.
______
SA 5222. Mr. TUBERVILLE submitted an amendment intended to be
proposed by him to the bill H.R. 5376, to provide for reconciliation
pursuant to title II of S. Con. Res. 14; which was ordered to lie on
the table; as follows:
At the end of part 6 of subtitle B of title V, add the
following:
SEC. 5026__. SENSE OF THE SENATE ON THE IMPORTANCE OF THE
ENERGY INDEPENDENCE OF THE UNITED STATES.
It is the sense of the Senate that--
(1) the United States is stronger when the United States is
energy independent; and
(2) all applicable Federal agencies should continue to
carry out activities with respect to oil and gas leases,
drilling, refining, and pipelines in order for the United
States to become an energy independent nation.
______
SA 5223. Mr. PORTMAN submitted an amendment intended to be proposed
by
[[Page S4245]]
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 70005 and insert the following:
SEC. 70005. OFFICE OF MANAGEMENT AND BUDGET OVERSIGHT.
In addition to amounts otherwise available, there are
appropriated to the Director of the Office of Management and
Budget for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $23,000,000, to remain available
until September 30, 2026, for necessary expenses to--
(1) oversee the implementation of this Act; and
(2) track labor, equity, and environmental standards and
performance.
SEC. 70006. UNIFORM APPLICATION PROCESS FOR FEDERAL GRANTS.
In addition to amounts otherwise available, there are
appropriated to the Director of the Office of Management and
Budget for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $2,000,000, to remain available
until September 30, 2026, for necessary expenses to develop a
uniform application process for Federal research grants that
requires researchers associated with a proposed project that
may receive a Federal grant to disclose--
(1) biographical information;
(2) all affiliations, including affiliations with any
foreign military, foreign government-related organization, or
foreign-funded institution;
(3) all current and pending support, including support from
any foreign institution, foreign government, or foreign
laboratory; and
(4) all past support received from foreign sources.
______
SA 5224. Mr. PORTMAN submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In title VII, strike section 70001 and insert the
following:
SEC. 70001. FUNDING FOR NARCOTIC AND OPIOID DETECTION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to U.S. Customs and Border
Protection for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, which
shall remain available until September 30, 2027, to acquire,
deploy, operate, and maintain nonintrusive inspection
capabilities, including chemical screening devices, to
identify, in an operational environment, synthetic opioids
and other narcotics at purity levels that are not more than
10 percent.
(b) Use of Funds.--Amounts appropriated under subsection
(a) may also be used--
(1) to train users on the equipment described in subsection
(a);
(2) to provide directors of ports of entry with an
alternate method for identifying narcotics, including
synthetic opioids, at lower purity levels;
(3) to test any new chemical screening devices to
understand the abilities and limitations of such devices
relating to identifying narcotics at various purity levels
before U.S. Customs and Border Protection commits to the
acquisition of such devices; and
(4) to modify and upgrade ports of entry to accommodate
capabilities funded under this section.
______
SA 5225. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of title VII, add the following:
SEC. 70008. REGULATORY REFORM.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Agency rro.--The term ``agency RRO'' means the
Regulatory Reform Officer of an agency designated under
subsection (b)(1).
(3) Costs.--The term ``costs'' means opportunity cost to
society.
(4) Cost savings.--The term ``cost savings'' means the cost
imposed by a regulatory action that is eliminated by the
repeal, replacement, or modification of the regulatory
action.
(5) Deregulatory action.--The term ``deregulatory action''
means the repeal, replacement, or modification of an existing
regulatory action.
(6) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(7) Incremental regulatory cost.--The term ``incremental
regulatory cost'' means the difference between the estimated
cost of issuing a significant regulatory action and the
estimated cost saved by issuing any deregulatory action.
(8) Regulation; rule.--The term ``regulation'' or ``rule''
has the meaning given the term ``rule'' in section 551 of
title 5, United States Code.
(9) Regulatory action.--The term ``regulatory action''
means--
(A) any regulation; and
(B) any other regulatory guidance, statement of policy,
information collection request, form, or reporting,
recordkeeping, or disclosure requirements that imposes a
burden on the public or governs agency operations.
(10) Significant regulatory action.--The term ``significant
regulatory action'' means any regulatory action, other than
monetary policy proposed or implemented by the Board of
Governors of the Federal Reserve System or the Federal Open
Market Committee, that is likely to--
(A) have an annual effect on the economy of $100,000,000 or
more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or
Tribal governments or communities;
(B) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency;
(C) materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or
(D) raise a novel legal or policy issue.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or
possession of the United States.
(12) Task force.--The term ``Task Force'' means the
regulatory reform task force of an agency described in
subsection (b)(2).
(b) Establishing Regulatory Reform Capacity.--
(1) Regulatory reform officers.--
(A) In general.--Except as provided in subsection (e), each
agency shall designate an employee or officer of the agency
as the Regulatory Reform Officer.
(B) Duties.--In accordance with applicable law and in
consultation with relevant senior agency officials, each
agency RRO shall oversee--
(i) the implementation of regulatory reform initiatives and
policies for the agency to ensure that the agency effectively
carries out regulatory reforms; and
(ii) the termination of programs and activities that derive
from or implement statutes, Executive orders, guidance
documents, policy memoranda, rule interpretations, and
similar documents, or relevant portions thereof, that have
been repealed or rescinded.
(2) Regulatory reform task forces.--
(A) Establishment of agency task force; membership.--Except
as provided in subsection (e), not later than 60 days after
the date of enactment of this Act, the head of each agency
shall appoint and may remove members to the regulatory reform
task force of the agency, which shall be composed of the
following members:
(i) The agency RRO.
(ii) A senior agency official from each relevant component
or office of the agency with significant authority for
issuing or repealing regulatory actions.
(iii) Additional senior agency officials involved in the
development of rulemaking or other regulatory action at the
agency, as determined by the head of the agency.
(B) Chair.--Unless otherwise designated by the head of the
agency, the agency RRO shall chair the Task Force of the
agency.
(C) Joint task forces.--
(i) In general.--For the consideration of a joint
rulemaking, the Director may form a joint regulatory reform
task force composed of not less than 1 member from the Task
Force of each relevant agency.
(ii) Consultation.--Any joint regulatory reform task force
formed under this paragraph shall consult with each relevant
Task Force.
(D) Duties.--Each Task Force shall--
(i) conduct ongoing evaluations of regulations and other
regulatory actions and make recommendations that are
consistent with and that could be implemented in accordance
with applicable law to the head of the agency regarding
repeal, replacement, or modification of regulations and
regulatory actions; and
(ii) to the extent practicable--
(I) not later than 5 years after the date of enactment of
this Act, complete a review of each regulation issued by the
agency;
(II) for each regulation or regulatory action reviewed and
identified for repeal, replacement, or modification, estimate
the cost savings of the repeal, replacement, or modification,
as applicable; and
(III) identify regulations that are appropriate for repeal,
replacement, or modification, and prioritize the evaluation
of regulations that--
(aa) eliminate or have eliminated jobs or inhibit or have
inhibited job creation;
(bb) are outdated, unnecessary, or ineffective;
(cc) impose costs that exceed benefits;
(dd) create a serious inconsistency or otherwise interfere
with regulatory reform initiatives and policies;
(ee) were issued or are maintained in a manner that is
inconsistent with the requirements of section 515 of the
Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note), or the guidance issued pursuant to that
section, including any rule that relies in whole or in part
on data, information, or methods that are not publicly
available or that are insufficiently transparent to meet the
standard for reproducibility; or
(ff) were made pursuant to or to implement statutes,
Executive orders, or other Presidential directives that have
been subsequently rescinded or substantially modified.
[[Page S4246]]
(3) Consultation with stakeholders.--In performing the
tasks under this subsection, each agency RRO and Task Force--
(A) shall seek input and other assistance from the public
and from entities significantly affected by regulations,
including State, local, and Tribal governments, small
businesses, consumers, non-governmental organizations, and
trade associations; and
(B) may--
(i) incorporate specific suggestions from stakeholders in
identifying the list of deregulatory actions to recommend to
the head of the agency; and
(ii) accept or solicit input from the public in any manner,
if--
(I) the process is transparent to the public and Congress;
(II) a list of each meeting, a list of each stakeholder
that submitted a comment, and a copy of each written comment
are made publicly available online; and
(III) the Task Force issues a public notice of any public
meeting to solicit input not less than 7 days before the
public meeting and makes detailed minutes of the meeting
available online not less than 7 days after the date of the
meeting.
(4) Transparent regulatory reform.--
(A) Website.--To the extent practicable, the head of each
agency shall publish information about the Task Force of the
agency and other regulatory reform initiatives on the website
of the agency--
(i) which shall include--
(I) a list of the members of the Task Force of the agency;
(II) a copy of each report issued under this subsection;
and
(III) a link to or copy of each notice of a meeting or
solicitation of public comments issued by the Task Force of
the agency; and
(ii) which may include--
(I) an online forum to receive comments from the public;
and
(II) any other information about the Task Force or other
regulatory reform initiatives at the agency.
(B) Report.--Not less frequently than twice per year, each
agency RRO shall submit to the head of the agency a report on
the activities performed under this section and any
recommendations resulting from those activities, which shall
be posted by the head of the agency on a publicly accessible
website and shall include the following:
(i) A description of any improvement made toward
implementation of regulatory reform initiatives and policies.
(ii) For each regulation or other regulatory action
reviewed by the Task Force, a detailed description of the
review.
(iii) An inventory of each regulation or regulatory action
the Task Force recommends the agency consider for repeal,
replacement, or modification.
(iv) A list of all activities conducted under paragraph
(3), a summary of all comments received, and a hyperlink to
copies of each public comment received.
(c) Accountability.--
(1) Incorporation in performance plans.--
(A) In general.--Each agency listed in section 901(b)(1) of
title 31, United States Code, shall incorporate in the annual
performance plan of the agency required under section 1115(b)
of title 31, United States Code, performance indicators that
measure progress implementing this section.
(B) OMB guidance.--The Director shall issue, and update as
necessary, guidance regarding the implementation of this
paragraph.
(2) Performance assessment.--The head of each agency shall
consider the progress implementing this section in assessing
the performance of the Task Force of the agency and those
individuals responsible for developing and issuing agency
rules.
(d) Regulatory Planning and Budget.--
(1) Unified agenda and annual regulatory plan.--
(A) Unified regulatory agenda.--During the months of April
and October of each year, the Director shall publish a
unified regulatory agenda, which shall include--
(i) regulatory and deregulatory actions under development
or review at agencies;
(ii) a Federal regulatory plan of all significant
regulatory actions and associated deregulatory actions that
agencies reasonably expect to issue in proposed or final form
in the current and following fiscal year; and
(iii) all information required to be included in the
regulatory flexibility agenda under section 602 of title 5,
United States Code.
(B) Agency submissions.--In accordance with guidance issued
by the Director and not less than 60 days before each date of
publication for the unified regulatory agenda under
subparagraph (A), the head of each agency shall submit to the
Director an agenda of all regulatory actions and deregulatory
actions under development at the agency, including the
following:
(i) For each regulatory action and deregulatory action:
(I) A regulation identifier number.
(II) A brief summary of the action.
(III) The legal authority for the action.
(IV) Any legal deadline for the action.
(V) The name and contact information for a knowledgeable
agency official.
(VI) Any other information as required by the Director.
(ii) An annual regulatory plan, which shall include a list
of each significant regulatory action the agency reasonably
expects to issue in proposed or final form in the current and
following fiscal year, including for each significant
regulatory action:
(I) A summary, including the following:
(aa) A statement of the regulatory objectives.
(bb) The legal authority for the action.
(cc) A statement of the need for the action.
(dd) The agency's schedule for the action.
(II) The estimated cost.
(III) The estimated benefits.
(IV) Any deregulatory action identified to offset the
estimated cost of such significant regulatory action and an
explanation of how the agency will continue to achieve
regulatory objectives if the deregulatory action is taken.
(V) A best approximation of the total cost or savings and
any cost or savings associated with a deregulatory action.
(VI) An estimate of the economic effects, including any
estimate of the net effect that such action will have on the
number of jobs in the United States, that was considered in
drafting the action, or, if such estimate is not available, a
statement affirming that no information on the economic
effects, including the effect on the number of jobs, of the
action has been considered.
(iii) Information required under section 602 of title 5,
United States Code.
(iv) Information required under any other law to be
reported by agencies about significant regulatory actions, as
determined by the Director.
(2) Federal regulatory budget.--
(A) Establishment.--In the April unified regulatory agenda
described in paragraph (1), the Director--
(i) shall establish the annual Federal Regulatory Budget,
which specifies the net amount of incremental regulatory
costs allowed by the Federal Government and at each agency
for the next fiscal year; and
(ii) may set the incremental regulatory cost allowance to
allow an increase, prohibit an increase, or require a
decrease of incremental regulatory costs.
(B) Default net incremental regulatory cost.--If the
Director does not set a net amount of incremental regulatory
costs allowed for an agency, the net incremental regulatory
cost allowed shall be zero.
(C) Balance rollover of incremental regulatory cost
allowance.--
(i) In general.--If an agency does not exhaust all of the
incremental regulatory cost allowance for a fiscal year, the
balance may be added to the incremental regulatory cost
allowance for the subsequent fiscal year, without increasing
the incremental regulatory costs allowed for the Federal
Government for the subsequent fiscal year.
(ii) Total carryover.--The Director shall identify the
total carryover incremental regulatory cost allowance
available to an agency in the Federal Regulatory Budget.
(3) Significant regulatory action requirements.--Except as
otherwise required by law, a significant regulatory action
shall have no effect unless--
(A) the--
(i) head of the agency identifies not less than 2
deregulatory actions to offset the costs of the significant
regulatory action, and to the extent feasible, issues those
deregulatory actions before or on the same schedule as the
significant regulatory action;
(ii) incremental costs of the significant regulatory action
as offset by any deregulatory action issued before or on the
same schedule as the significant regulatory action do not
cause the agency to exceed or contribute to the agency
exceeding the incremental regulatory cost allowance of the
agency for that fiscal year; and
(iii) significant regulatory action was included on the
most recent version or update of the published unified
regulatory agenda; or
(B) the issuance of the significant regulatory action was
approved in advance in writing by the Director and the
written approval is publicly available online prior to the
issuance of the significant regulatory action.
(4) Guidance by omb.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Director shall establish and issue
guidance on how agencies should comply with the requirements
of this subsection, which shall include the following:
(i) A process for standardizing the measurement and
estimation of regulatory costs, including cost savings
associated with deregulatory actions.
(ii) Standards for determining what qualifies as a
deregulatory action.
(iii) Standards for determining the costs of existing
regulatory actions that are considered for repeal,
replacement, or modification.
(iv) A process for accounting for costs in different fiscal
years.
(v) Methods to oversee the issuance of significant
regulatory actions offset by cost savings achieved at
different times or by different agencies.
(vi) Emergencies and other circumstances that may justify
individual waivers of the requirements of this section.
(vii) Standards by which the Director will determine
whether a regulatory action or a collection of regulatory
actions qualifies as a significant regulatory action.
(B) Updates to guidance.--The Director shall update the
guidance issued pursuant to this subsection as necessary.
(e) Waiver.--
[[Page S4247]]
(1) Waiver authority.--Upon the written request of the head
of an agency, the Director may issue a written waiver of the
requirements of subsection (b) if the Director determines
that the agency generally issues very few or no rules.
(2) Revocation of waiver.--The Director may revoke at any
time a waiver issued under this subsection.
(3) Public availability of waivers.--The Director shall
maintain a publicly available list of each agency that is
operating under a waiver issued under this subsection.
(4) Requirement for waiver.--A waiver shall not be
effective unless the written waiver and the written request
of the agency are publicly available on the website of the
Office of Management and Budget.
______
SA 5226. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. [___]. GAO REPORT ON INFLATIONARY IMPACT TO MOUNTAIN
WEST STATES.
(a) In General.--The Comptroller General of the United
States shall--
(1) conduct a review of any inflationary impact of this Act
on taxpayers with an annual income of not more than $400,000
in applicable States for each of fiscal years 2022 through
2025; and
(2) not later than April 1, 2026--
(A) publish a report on such review; and
(B) submit such report to--
(i) the congressional delegation of each applicable State;
and
(ii) the governor of each applicable State.
(b) Definition of Applicable State.--For purposes of this
section, the term ``applicable State'' means Arizona,
Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and
Wyoming.
______
SA 5227. Mr. RISCH (for himself and Mr. Crapo) submitted an amendment
intended to be proposed to amendment SA 5194 submitted by Mr. Schumer
and intended to be proposed to the bill H.R. 5376, to provide for
reconciliation pursuant to title II of S. Con. Res. 14; which was
ordered to lie on the table; as follows:
On page 718, strike lines 11 through 16, and insert
``oversight of the distribution and use of funds appropriated
under this Act.''.
______
SA 5228. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of part 1 of subtitle A of title V, add the
following:
SEC. 50112. PERMITTED AND APPROVED ENERGY PROJECTS.
Notwithstanding any other provision of this Act, no funds
provided under this Act or an amendment made by this Act
shall be used to block, delay, or restrict an energy project
that is permitted and approved as of the date of enactment of
this Act.
______
SA 5229. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 50263.
______
SA 5230. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 50262.
______
SA 5231. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 50261.
______
SA 5232. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed by him to the bill H.R. 5376, to provide for
reconciliation pursuant to title II of S. Con. Res. 14; which was
ordered to lie on the table; as follows:
At the end of title I, add the following:
Subtitle __--Additional Provisions
SEC. ____1. EXCLUSION FOR INCOME RECEIVED UNDER SEXUAL ABUSE
AWARDS.
(a) In General.--Section 104(a)(2) of the Internal Revenue
Code of 1986 is amended by inserting ``or on account of
sexual abuse'' after ``physical sickness''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts received in taxable years beginning
after December 31, 2022.
SEC. ____2. EXCLUSION FROM FEDERAL INCOME TAXATION
RESTITUTION AND CIVIL DAMAGES AWARDED UNDER
SECTIONS 1593 AND 1595 OF TITLE 18, UNITED
STATES CODE.
(a) In General.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986, as amended by section
9501(b)(4) of the American Rescue Plan Act of 2021 (Public
Law 117-2), is amended by inserting before section 140 the
following new section:
``SEC. 139J. CERTAIN AMOUNT RECEIVED AS RESTITUTION OR CIVIL
DAMAGES AS RECOMPENSE FOR TRAFFICKING IN
PERSONS.
``Gross income shall not include any civil damages,
restitution, or other monetary award (including compensatory
or statutory damages and restitution imposed in a criminal
matter) awarded--
``(1) pursuant to an order of restitution under section
1593 of title 18, United States Code, or
``(2) in an action under section 1595 of title 18, United
States Code.''.
(b) Conforming Amendment.--The table of sections for part
III of subchapter B of chapter 1 of the Internal Revenue Code
of 1986 is amended by inserting before the item relating to
section 140 the following new item:
``Sec. 139J. Certain amount received as restitution or civil damages as
recompense for trafficking in persons.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. ____3. MODIFICATIONS TO EDUCATOR EXPENSE DEDUCTION.
(a) In General.--Section 62 of the Internal Revenue Code of
1986 is amended--
(1) in subsection (a)(2)(D)--
(A) in the heading, by adding ``and other instructional
school personnel'' at the end, and
(B) in clause (ii)--
(i) by striking ``(other than nonathletic supplies for
courses of instruction in health or physical education)'',
and
(ii) by striking ``in the classroom'' and inserting ``as
part of instructional activity'', and
(2) in subsection (d)(1)(A), by inserting ``interscholastic
sports administrator or coach,'' after ``counselor,''.
(b) Educator Expense Deduction to Include Early Childhood
Educators.--Section 62 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (a)(2)(D), by striking ``elementary and
secondary'' in the heading and inserting ``early childhood,
elementary, and secondary'';
(2) in subsection (d)(1)(A), by striking ``kindergarten
through grade 12 teacher'' and inserting, ``early childhood
or kindergarten through grade 12 teacher, educator''; and
(3) in subsection (d)(1)(B), by striking ``elementary
education or secondary education'' and inserting ``early
childhood education (through pre-kindergarten) or elementary
or secondary education''.
(c) Increase in Deduction Amount.--
(1) In general.--Section 62(a)(2)(D) of the Internal
Revenue Code of 1986 is amended by striking ``$250'' and
inserting ``$500''.
(2) Conforming amendments.--Section 62(d)(3) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``2015'' and inserting ``2023'',
(B) by striking ``$250'' and inserting ``$500'', and
(C) by striking ``calendar year 2014'' and inserting
``calendar year 2022''.
(d) Effective Date.--The amendments made by this section
shall apply to expenses incurred in taxable years beginning
after December 31, 2022.
SEC. ____4. EXTENSION OF LIMITATION ON DEDUCTION FOR STATE
AND LOCAL TAXES.
(a) In General.--Section 164(b)(6) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``January 1, 2026'' and inserting ``January
1, 2032'', and
(2) by striking ``2025'' in the heading thereof and
inserting ``2031''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5233. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed by him to the bill H.R. 5376, to provide for
reconciliation pursuant to title II of S. Con. Res. 14; which was
ordered to lie on the table; as follows:
Section 10301(a)(1)(A)(i)(II) is amended by inserting ``,
and provided further that a portion of such funds shall be
used to create and implement a plan to eliminate racial,
political, regional, and socioeconomic discrepancies in the
audit rates not later than 90 days from the date of enactment
of this Act'' before the period at the end.
______
SA 5234. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed by him to the bill H.R. 5376, to provide for
reconciliation pursuant to title II of S. Con. Res. 14; which was
ordered to lie on the table; as follows:
[[Page S4248]]
On page 370, strike line 6 and insert the following:
(G) and (H) of paragraph (1).
``(7) Information submitted by qualified manufacturers.--
For purposes of paragraph (3), the Secretary may not require
the reports described in such paragraph to include any
information that could only be provided by a manufacturer
operating under a collective bargaining agreement.''.
______
SA 5235. Mr. MARSHALL submitted an amendment intended to be proposed
to amendment SA 5194 submitted by Mr. Schumer and intended to be
proposed to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
Strike section 30001 of the amendment.
______
SA 5236. Mr. BRAUN submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. _____. DENIAL OF TAX BENEFITS FOR ORGANIZATIONS THAT
PERFORM OR FINANCE ABORTIONS.
(a) In General.--Section 501 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(s) Prohibition on Performing or Financing Abortion.--
``(1) In general.--Any organization exempt from taxation
under subsection (a) shall not perform, provide facilities to
perform, provide travel for the provision of, or finance
abortions except where the life of the mother would be
endangered.
``(2) Exception.--Paragraph (1) shall not apply to a
hospital organization to which subsection (r) applies.
``(3) Abortion.--For purposes of this subsection, the term
`abortion' means the use or prescription of any instrument,
medicine, drug, or any other substance or device--
``(A) to intentionally kill the unborn child of a woman
known to be pregnant, or
``(B) to intentionally terminate the pregnancy of a woman
known to be pregnant, with an intention other than--
``(i) after viability, to produce a live birth and preserve
the life and health of the child born alive, or
``(ii) to remove a dead unborn child.''.
(b) Denial of Eligibility for Charitable Contributions.--
(1) Income tax.--Subsection (c) of section 170 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following: ``For purposes of this section, such term does
not include a contribution or gift to or for the use of any
organization which does not meet the requirements of section
501(s).''.
(2) Estate tax.--Section 2055 of such Code is amended by
redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Denial of Deduction for Contributions to
Organizations Which Perform, Provide Facilities to Perform,
Provide Travel for the Provision of, or Finance Abortions.--
No deduction shall be allowed under this section for a
transfer to or for the use of any organization which does not
meet the requirements of section 501(s).''.
(3) Gift tax.--Section 2522 of such Code is amended by
redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following new subsection:
``(f) Denial of Deduction for Contributions to
Organizations Which Perform, Provide Facilities to Perform,
Provide Travel for the Provision of, or Finance Abortions.--
No deduction shall be allowed under this section for a gift
to or for the use of any organization which does not meet the
requirements of section 501(s).''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to abortions
performed in taxable years beginning after the date of the
enactment of this Act.
(2) Estate tax.--The amendments made by subsection (b)(2)
shall apply to estates of decedents dying, and transfers,
after the date of the enactment of this act.
______
SA 5237. Mr. BRAUN submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 60501.
______
SA 5238. Mr. BRAUN submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Beginning on page 692, strike line 1, and all that follows
through page 693, line 4, and insert the following:
``(1) $17,000,000 for education, technical assistance, and
partnerships within low-income and disadvantaged communities
with respect to reductions in greenhouse gas emissions that
result from domestic electricity generation and use;
``(2) $17,000,000 for industry-related outreach and
technical assistance, including through partnerships, with
respect to reductions in greenhouse gas emissions that result
from domestic electricity generation and use;
``(3) $17,000,000 for outreach and technical assistance to
State, Tribal, and local governments, including through
partnerships, with respect to reductions in greenhouse gas
emissions that result from domestic electricity generation
and use;
``(4) $1,000,000 to assess, not later than 1 year after the
date of enactment of this section, the reductions in
greenhouse gas emissions that result from changes in domestic
electricity generation and use that are anticipated to occur
on an annual basis through fiscal year 2031; and
``(5) $18,000,000 to carry out this section to ensure that
reductions in greenhouse gas emissions from domestic
electricity generation and use are achieved through use of
the authorities of this Act, including through the
establishment of requirements under this Act, incorporating
the assessment under paragraph (4) as a baseline.
______
SA 5239. Mr. BRAUN submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of title VII, add the following:
SEC. 70008. PROTECTING THE RIGHT TO KEEP AND BEAR ARMS.
(a) Limitation on Declarations by President.--The President
(or any designee thereof) shall not, for the purpose of
confiscating firearms or ammunition magazines, or prohibiting
or otherwise regulating the possession, manufacture, sale, or
transfer of firearms or ammunition magazines, declare an
emergency pursuant to the National Emergencies Act (50 U.S.C.
1601 et seq.) or an emergency or major disaster pursuant to
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(b) Firearms Policies.--Section 706 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5207) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (4), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(5) prohibit the manufacturing, sale, or transfer of
firearms; or
``(6) prohibit the manufacturing, sale, or transfer of
ammunition.''; and
(2) in subsection (c), by adding at the end the following:
``(4) Award.--Any prevailing party in an action under this
section shall be awarded not less than $5,000,000, adjusted
for inflation.''.
______
SA 5240. Mr. BRAUN submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of section 10301, add the following:
(c) Additional Personnel Flexibility.--The Secretary of the
Treasury (or the Secretary's delegate) shall use the funds
made available under subsection (a)(1)(A), subject to such
policies as the Secretary (or the Secretary's delegate) may
establish, to ensure the effective administration of the
Internal Revenue Code of 1986 by suspending the granting of
official time to employees of the Internal Revenue Service
during the periods during each of fiscal years 2022 through
2031--
(1) beginning on February 12 and ending on May 5; and
(2) beginning on September 1 and ending on November 1.
______
SA 5241. Mr. BRAUN submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Beginning on page 692, strike line 19 and all that follows
through page 693, line 4, and insert the following:
domestic electricity generation and use; and
``(5) $1,000,000 to assess, not later than 1 year after the
date of enactment of this section, the reductions in
greenhouse gas emissions that result from changes in domestic
electricity generation and use that are anticipated to occur
on an annual basis through fiscal year 2031.
______
SA 5242. Mr. BRAUN submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
[[Page S4249]]
On page 259, after line 20, insert the following:
``(iii) Registered apprenticeship program.--The term
`registered apprenticeship program' shall include any
industry-recognized apprenticeship program under the Act of
August 16, 1937 that meets the standards of subpart B of part
29 of title 29, Code of Federal Regulations, as in effect on
the day before the date of enactment of this Act.
______
SA 5243. Mr. MARSHALL submitted an amendment intended to be proposed
to amendment SA 5194 submitted by Mr. Schumer and intended to be
proposed to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
At the end of title VI, add the following:
Subtitle F--Other Matters
SEC. 60601. UNITED NATIONS SUSTAINABLE DEVELOPMENT GOALS.
The United Nations Sustainable Development Goals shall not
be used in developing or administering any program funded or
established by this title or the amendments made by this
title.
______
SA 5244. Mr. MARSHALL submitted an amendment intended to be proposed
to amendment SA 5194 submitted by Mr. Schumer and intended to be
proposed to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
At the end of title II, add the following:
Subtitle E--Other Matters
SEC. 24001. UNITED NATIONS SUSTAINABLE DEVELOPMENT GOALS.
The United Nations Sustainable Development Goals shall not
be used in developing or administering any program funded or
established by this title or the amendments made by this
title.
______
SA 5245. Ms. ERNST submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S; which was ordered to lie on the table; as follows:
At the end of part 7 of subtitle A of title V of the
amendment, add the following:
SEC. 50174. NUCLEAR WASTE MANAGEMENT AT HANFORD SITE.
Section 3116 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
50 U.S.C. 2602 note) is amended--
(1) in subsection (d), by adding at the end the following
paragraph:
``(3) The State of Washington.'';
(2) in subsection (e)(2), by striking ``the State of
Washington, the State of Oregon'' and inserting ``the State
of Oregon''; and
(3) by adding at the end the following subsection:
``(g) Waste Management at Hanford Site.--If the Secretary,
in consultation with the Commission, classifies any residual
radioactive waste in a tank at the Hanford Site, Richland,
Washington, as other than high-level waste under this
section, the Secretary--
``(1) may not remove such tank; and
``(2) shall treat such waste with grout or another
immobilizing substance, as the Secretary determines
appropriate.''.
______
SA 5246. Ms. ERNST submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of title VII, add the following:
SEC. 70008. SALE OF ADVERTISEMENTS BY UNITED STATES POSTAL
SERVICE ON DELIVERY VEHICLES.
The United States Postal Service shall raise revenue by
selling non-political advertisement space on delivery
vehicles purchased using amounts appropriated under section
70002.
______
SA 5247. Ms. ERNST submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In section 21001(a)(1)(B), strike clause (ii) and insert
the following:
(ii) section 1240H(c)(2) of the Food Security Act of 1985
(16 U.S.C. 3839aa-8(c)(2)) shall be applied by substituting
``$50,000,000'' for ``$25,000,000'';
______
SA 5248. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 60501.
______
SA 5249. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of part 4 of subtitle D of title I, insert the
following:
SEC. 1340_. COORDINATION OF ELECTRIC VEHICLE CREDITS WITH
OTHER SUBSIDIES.
(a) In General.--Section 30D(d)(3), as amended by this Act,
is amended by adding at the end the following new sentence:
``Such term shall not include any person who has received a
loan under section 136(d) of the Energy Independence and
Security Act of 2007 or a grant under section 50143 of the
Act titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14' for the taxable year in which
the new clean vehicle is placed in service or any prior
taxable year.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5250. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike part 3 of subtitle A of title I.
______
SA 5251. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In section 60105, strike subsection (e) and insert the
following:
(e) Methane Monitoring.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405) for monitoring
emissions of methane.
(2) Prohibition.--Amounts made available under paragraph
(1) may not be used to monitor emissions of methane from
livestock.
______
SA 5252. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. _____. MODIFICATION OF DEFINITION OF QUALIFIED HEALTH
PLAN.
(a) In General.--Section 36B(c)(3)(A) of the Internal
Revenue Code of 1986 is amended by inserting before the
period at the end the following: ``or a plan that includes
coverage for abortions (other than any abortion necessary to
save the life of the mother or any abortion with respect to a
pregnancy that is the result of an act of rape or incest)''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5253. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 60506 and insert the following:
SEC. 60506. COMMERCIAL MOTOR VEHICLE PARKING CAPACITY.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000, to
remain available until September 30, 2026, to the Secretary
of Transportation for grants under section 1401 of MAP-21 (23
U.S.C. 137 note; Public Law 112-141), other than grants for
projects under subsection (b)(2)(D) of that section.
______
SA 5254. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of title I, add the following:
[[Page S4250]]
Subtitle _--Other Provisions
SEC. 1_001. PERMANENT EXTENSION OF DEPRECIATION RULES FOR
PROPERTY ON INDIAN RESERVATIONS.
(a) In General.--Subsection (j) of section 168 of the
Internal Revenue Code of 1986 is amended by striking
paragraph (9).
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2021.
______
SA 5255. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of part 9 of subtitle D of title I, add the
following:
SECTION ____. EXTENSION OF REFINED COAL PRODUCTION TAX
CREDIT.
(a) In General.--Section 45(e)(8) is amended--
(1) in subparagraph (A), by striking ``10-year period''
each place it appears and inserting ``14-year period'', and
(2) in subparagraph (D)(ii)(II), by striking ``10-year
period'' and inserting ``14-year period''.
(b) Effective Date.--The amendments made by this section
shall apply to coal produced and sold after December 31,
2018.
______
SA 5256. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title I, add the following:
PART _--EXTENSION OF LIMITATION ON STATE AND LOCAL TAX DEDUCTION
SEC. 10__01. PERMANENT EXTENSION OF LIMITATION ON DEDUCTION
FOR STATE AND LOCAL, ETC., TAXES.
(a) In General.--Paragraph (6) of section 164(b) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``, and before January 1, 2026'', and
(2) by striking ``taxable years 2018 through 2025'' in the
heading.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5257. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title I, add the following:
PART _--OTHER PROVISIONS
SEC. 10__01. PERMANENT EXTENSION OF LIMITATION ON DEDUCTION
FOR STATE AND LOCAL, ETC., TAXES.
(a) In General.--Paragraph (6) of section 164(b) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``, and before January 1, 2026'', and
(2) by striking ``taxable years 2018 through 2025'' in the
heading.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 10_01. EXTENSION OF DEDUCTION FOR QUALIFIED BUSINESS
INCOME.
(a) In General.--Section 199A(i) of the Internal Revenue
Code of 1986 is amended by striking ``2025'' and inserting
``2030''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5258. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title I, add the following:
PART _--OTHER PROVISIONS
SEC. 10__01. PERMANENT EXTENSION OF LIMITATION ON DEDUCTION
FOR STATE AND LOCAL, ETC., TAXES.
(a) In General.--Paragraph (6) of section 164(b) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``, and before January 1, 2026'', and
(2) by striking ``taxable years 2018 through 2025'' in the
heading.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 10_02. ELIMINATION OF ADDITIONAL IRS FUNDING FOR
ENFORCEMENT.
Section 10301(a)(1)(A)(i) of this Act is amended by
striking subclause (II).
______
SA 5259. Ms. ERNST submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of section 10301(a), add the following:
(4) Report on delinquent tax debt of federal employees.--
Not later than April 15 of each year, the Commissioner of
Internal Revenue shall submit to Congress report detailing
the number of Federal employees delinquent on Federal taxes
and the total amount owed, along with a breakdown of that
information by agency, department, and branch of the Federal
government.
______
SA 5260. Ms. ERNST submitted an amendment intended to be proposed by
her to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of part 3 of subtitle A of title I, add the
following:
SEC. ____. DELINQUENT TAX COLLECTION.
This Commissioner of Internal Revenue, in consultation with
Director of the Office of Management and Budget, shall
establish a repayment plan for the purpose of improving
compliance by Federal employees with tax obligations. Such
plan shall provide for garnishing the wages of Federal
employees with delinquent tax debts until paid in full.
______
SA 5261. Ms. ERNST submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of part 1 of subtitle A of title I, add the
following:
SEC. 10002. APPLICATION OF EXPENSING AND RESEARCH TAX
INCENTIVES TO CORPORATE MINIMUM TAX.
(a) In General.--Section 56A(c), as added by section 10001,
is amended by adding at the end the following new paragraph:
``(14) Treatment of certain expensing and amortization
expenditures.--Adjusted financial statement income shall be
appropriately adjusted to only take into account amounts
equivalent to deductions that would be allowable under
section 168(k) and 174.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5262. Mr. WARNOCK (for himself, Ms. Baldwin, and Mr. Ossoff)
submitted an amendment intended to be proposed by him to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; as follows:
At the appropriate place, insert the following:
Subtitle __--Addressing the Medicaid Coverage Gap
SEC. ___. ENSURING AFFORDABILITY OF COVERAGE FOR CERTAIN LOW-
INCOME POPULATIONS.
(a) Reducing Cost Sharing Under Qualified Health Plans.--
Section 1402 of the Patient Protection and Affordable Care
Act (42 U.S.C. 18071) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by inserting ``(or, with respect to
plan years 2024 and 2025, whose household income does not
exceed 400 percent of the poverty line for a family of the
size involved)'' before the period; and
(B) in the matter following paragraph (2), by adding at the
end the following new sentence: ``In the case of an
individual who is determined at any point to have a household
income for 2022 or 2023 that does not exceed 138 percent of
the poverty line for a family of the size involved, such
individual shall, for each month during the year for which
such determination is made, be treated as having a household
income equal to 100 percent of the poverty line for purposes
of applying this section.''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), in the matter preceding clause
(i), by inserting ``, with respect to eligible insureds
(other than, with respect to plan years 2024 and 2025,
specified enrollees (as defined in paragraph (6)(C))),''
after ``first be achieved'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``with respect to eligible insureds (other
than, with respect to plan years 2024 and 2025, specified
enrollees)'' after ``under the plan'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``this subsection''
and inserting ``paragraph (1) or (2)''; and
(ii) in subparagraph (B), by striking ``this section'' and
inserting ``paragraphs (1) and (2)''; and
(D) by adding at the end the following new paragraph:
``(6) Special rule for specified enrollees.--
``(A) In general.--The Secretary shall establish procedures
under which the issuer of a qualified health plan to which
this section applies shall reduce cost-sharing under the plan
with respect to months occurring during plan years 2024 and
2025 for enrollees who are specified enrollees (as defined in
subparagraph (C)) in a manner sufficient to increase the
plan's share of the total allowed costs of
[[Page S4251]]
benefits provided under the plan to 99 percent of such costs.
``(B) Methods for reducing cost sharing.--
``(i) In general.--An issuer of a qualified health plan
making reductions under this paragraph shall notify the
Secretary of such reductions and the Secretary shall, out of
funds made available under clause (ii), make periodic and
timely payments to the issuer equal to 12 percent of the
total allowed costs of benefits provided under each such plan
to specified enrollees during plan years 2024 and 2025.
``(ii) Appropriation.--In addition to amounts otherwise
available, there are appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary to the Secretary to make payments under clause (i).
``(C) Specified enrollee defined.--For purposes of this
section, the term `specified enrollee' means, with respect to
a plan year, an eligible insured who is determined at any
point to have a household income for such plan year that does
not exceed 138 percent of the poverty line for a family of
the size involved. Such insured shall be deemed to be a
specified enrollee for each month in such plan year.''.
(b) Open Enrollments Applicable to Certain Lower-income
Populations.--Section 1311(c) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031(c)) is amended--
(1) in paragraph (6)--
(A) in subparagraph (C), by striking at the end ``and'';
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) with respect to a qualified health plan with respect
to which section 1402 applies, for months occurring during
the period beginning on January 1, 2023, and ending on
December 31, 2025, enrollment periods described in
subparagraph (A) of paragraph (8) for individuals described
in subparagraph (B) of such paragraph.''; and
(2) by adding at the end the following new paragraph:
``(8) Special enrollment period for certain low-income
populations.--
``(A) In general.--The enrollment period described in this
paragraph is, in the case of an individual described in
subparagraph (B), the continuous period beginning on the
first day that such individual is so described.
``(B) Individual described.--For purposes of subparagraph
(A), an individual described in this subparagraph is an
individual--
``(i) with a household income that does not exceed 138
percent of the poverty line for a family of the size
involved; and
``(ii) who is not eligible for minimum essential coverage
(as defined in section 5000A(f) of the Internal Revenue Code
of 1986), other than for coverage described in any of
subparagraphs (B) through (E) of paragraph (1) of such
section.''.
(c) Additional Benefits for Certain Low-income Individuals
for Plan Year 2025.--Section 1301(a) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18021(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C)(iv), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) provides, with respect to a plan offered in the
silver level of coverage to which section 1402 applies during
plan year 2025, for benefits described in paragraph (5) in
the case of an individual who has a household income that
does not exceed 138 percent of the poverty line for a family
of the size involved, and who is eligible to receive cost-
sharing reductions under section 1402.''; and
(2) by adding at the end the following new paragraph:
``(5) Additional benefits for certain low-income
individuals for plan year 2025.--
``(A) In general.--
``(i) Benefits.--For purposes of paragraph (1)(D), the
benefits described in this paragraph to be provided by a
qualified health plan are benefits consisting of--
``(I) non-emergency medical transportation services (as
described in section 1902(a)(4) of the Social Security Act)
for which Federal payments would have been available under
title XIX of the Social Security Act had such services been
furnished to an individual enrolled under a State plan (or
waiver of such plan) under such title; and
``(II) services described in subsection (a)(4)(C) of
section 1905 of such Act for which Federal payments would
have been so available;
which are not otherwise provided under such plan as part of
the essential health benefits package described in section
1302(a).
``(ii) Condition on provision of benefits.--Benefits
described in this paragraph shall be provided--
``(I) without any restriction on the choice of a qualified
provider from whom an individual may receive such benefits;
and
``(II) without any imposition of cost sharing.
``(B) Payments for additional benefits.--
``(i) In general.--An issuer of a qualified health plan
making payments for services described in subparagraph (A)
furnished to individuals described in paragraph (1)(D) during
plan year 2025 shall notify the Secretary of such payments
and the Secretary shall, out of funds made available under
clause (ii), make periodic and timely payments to the issuer
equal to payments for such services so furnished.
``(ii) Appropriation.--In addition to amounts otherwise
available, there is appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary to the Secretary to make payments under clause
(i).''.
(d) Education and Outreach Activities.--
(1) In general.--Section 1321(c) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18041(c)) is amended by
adding at the end the following new paragraph:
``(3) Outreach and educational activities.--
``(A) In general.--In the case of an Exchange established
or operated by the Secretary within a State pursuant to this
subsection, the Secretary shall carry out outreach and
educational activities for purposes of informing individuals
described in section 1902(a)(10)(A)(i)(VIII) of the Social
Security Act who reside in States that have not expended
amounts under a State plan (or waiver of such plan) under
title XIX of such Act for all such individuals about
qualified health plans offered through the Exchange,
including by informing such individuals of the availability
of coverage under such plans and financial assistance for
coverage under such plans. Such outreach and educational
activities shall be provided in a manner that is culturally
and linguistically appropriate to the needs of the
populations being served by the Exchange (including hard-to-
reach populations, such as racial and sexual minorities,
limited English proficient populations, individuals residing
in areas where the unemployment rates exceeds the national
average unemployment rate, individuals in rural areas,
veterans, and young adults).
``(B) Limitation on use of funds.--No funds appropriated
under this paragraph shall be used for expenditures for
promoting non-ACA compliant health insurance coverage.
``(C) Non-aca compliant health insurance coverage.--For
purposes of subparagraph (B):
``(i) The term `non-ACA compliant health insurance
coverage' means health insurance coverage, or a group health
plan, that is not a qualified health plan.
``(ii) Such term includes the following:
``(I) An association health plan.
``(II) Short-term limited duration insurance.
``(D) Funding.--In addition to amounts otherwise available,
there is appropriated, out of any money in the Treasury not
otherwise appropriated, to remain available until expended,
$105,000,000 for fiscal year 2022 to carry out this
paragraph, of which--
``(i) $15,000,000 shall be used to carry out this paragraph
in fiscal year 2022; and
``(ii) $30,000,000 shall be used to carry out this
paragraph for each of fiscal years 2023 through 2025.''.
(2) Navigator program.--Section 1311(i)(6) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031(i)(6)) is
amended--
(A) by striking ``Funding.--Grants under'' and inserting
``Funding.--
``(A) State exchanges.--Grants under''; and
(B) by adding at the end the following new subparagraph:
``(B) Federal exchanges.--For purposes of carrying out this
subsection, with respect to an Exchange established and
operated by the Secretary within a State pursuant to section
1321(c), the Secretary shall obligate not less than
$10,000,000 out of amounts collected through the user fees on
participating health insurance issuers pursuant to section
156.50 of title 45, Code of Federal Regulations (or any
successor regulations) for fiscal year 2022, and not less
than $20,000,000 for each of fiscal years 2023, 2024, and
2025. Such amount so obligated for a fiscal year shall remain
available until expended.''.
(e) Funding.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Health and Human
Services for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $65,000,000, to remain
available until expended, for purposes of carrying out the
provisions of, and the amendments made by, this section.
SEC. ___. TEMPORARY EXPANSION OF HEALTH INSURANCE PREMIUM TAX
CREDITS FOR CERTAIN LOW-INCOME POPULATIONS.
(a) In General.--Section 36B is amended by redesignating
subsection (h) as subsection (i) and by inserting after
subsection (g) the following new subsection:
``(h) Certain Temporary Rules Beginning in 2022.--With
respect to any taxable year beginning after December 31,
2021, and before January 1, 2026--
``(1) Eligibility for credit not limited based on income.--
Section 36B(c)(1)(A) shall be disregarded in determining
whether a taxpayer is an applicable taxpayer.
``(2) Credit allowed to certain low-income employees
offered employer-provided coverage.--Subclause (II) of
subsection (c)(2)(C)(i) shall not apply if the taxpayer's
household income does not exceed 138 percent of the poverty
line for a family of the size involved. Subclause (II) of
subsection (c)(2)(C)(i) shall also not apply to an individual
described in the last sentence of such subsection if the
taxpayer's household income does not exceed 138 percent of
the poverty line for a family of the size involved.
``(3) Credit allowed to certain low-income employees
offered qualified small
[[Page S4252]]
employer health reimbursement arrangements.--A qualified
small employer health reimbursement arrangement shall not be
treated as constituting affordable coverage for an employee
(or any spouse or dependent of such employee) for any months
of a taxable year if the employee's household income for such
taxable year does not exceed 138 percent of the poverty line
for a family of the size involved.
``(4) Limitations on recapture.--
``(A) In general.--In the case of a taxpayer whose
household income is less than 200 percent of the poverty line
for the size of the family involved for the taxable year, the
amount of the increase under subsection (f)(2)(A) shall in no
event exceed $300 (one-half of such amount in the case of a
taxpayer whose tax is determined under section 1(c) for the
taxable year).
``(B) Limitation on increase for certain non-filers.--In
the case of any taxpayer who would not be required to file a
return of tax for the taxable year but for any requirement to
reconcile advance credit payments under subsection (f), if an
Exchange established under title I of the Patient Protection
and Affordable Care Act has determined that--
``(i) such taxpayer is eligible for advance payments under
section 1412 of such Act for any portion of such taxable
year, and
``(ii) such taxpayer's household income for such taxable
year is projected to not exceed 138 percent of the poverty
line for a family of the size involved,
subsection (f)(2)(A) shall not apply to such taxpayer for
such taxable year and such taxpayer shall not be required to
file such return of tax.
``(C) Information provided by exchange.--The information
required to be provided by an Exchange to the Secretary and
to the taxpayer under subsection (f)(3) shall include such
information as is necessary to determine whether such
Exchange has made the determinations described in clauses (i)
and (ii) of subparagraph (B) with respect to such
taxpayer.''.
(b) Employer Shared Responsibility Provision Not Applicable
With Respect to Certain Low-income Taxpayers Receiving
Premium Assistance.--Section 4980H(c)(3) is amended to read
as follows:
``(3) Applicable premium tax credit and cost-sharing
reduction.--
``(A) In general.--The term `applicable premium tax credit
and cost-sharing reduction' means--
``(i) any premium tax credit allowed under section 36B,
``(ii) any cost-sharing reduction under section 1402 of the
Patient Protection and Affordable Care Act, and
``(iii) any advance payment of such credit or reduction
under section 1412 of such Act.
``(B) Exception with respect to certain low-income
taxpayers.--Such term shall not include any premium tax
credit, cost-sharing reduction, or advance payment otherwise
described in subparagraph (A) if such credit, reduction, or
payment is allowed or paid for a taxable year of an employee
(beginning after December 31, 2021, and before January 1,
2026) with respect to which--
``(i) an Exchange established under title I of the Patient
Protection and Affordable Care Act has determined that such
employee's household income for such taxable year is
projected to not exceed 138 percent of the poverty line for a
family of the size involved, or
``(ii) such employee's household income for such taxable
year does not exceed 138 percent of the poverty line for a
family of the size involved.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. ___. FURTHER INCREASE IN FMAP FOR MEDICAL ASSISTANCE FOR
NEWLY ELIGIBLE MANDATORY INDIVIDUALS.
Section 1905(y)(1) of the Social Security Act (42 U.S.C.
1396d(y)(1)) is amended--
(1) in subparagraph (D), by striking at the end ``and'';
(2) in subparagraph (E), by striking ``2020 and each year
thereafter.'' and inserting ``2020, 2021, and 2022; and'';
and
(3) by adding at the end the following new subparagraphs:
``(F) 93 percent for calendar quarters in 2023, 2024, and
2025; and
``(G) 90 percent for calendar quarters in 2026 and each
year thereafter.''.
______
SA 5263. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike part 3 of subtitle A of title I.
______
SA 5264. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of part 1 of subtitle A of title I, add the
following:
SEC. 1010_. CERTAIN MANUFACTURERS EXEMPTED FROM CORPORATE
MINIMUM TAX.
(a) In General.--Section 59(k)(1), as added by section
10101, is amended by adding at the end the following new
subparagraph:
``(F) Exception for domestic manufacturers.--The term
`applicable corporation' shall not include any domestic
manufacturer.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5265. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of part 6 of subtitle B of title V, add the
following:
SEC. 5026__. CONDITION ON AUCTION OF CRUDE OIL FROM THE
STRATEGIC PETROLEUM RESERVE.
(a) Definitions.--In this section:
(1) Bidder.--The term ``bidder'' means an individual or
entity bidding or intending to bid at an auction of crude oil
from the Strategic Petroleum Reserve.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Strategic petroleum reserve.--The term ``Strategic
Petroleum Reserve'' means the Strategic Petroleum Reserve
established under part B of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6231 et seq.).
(b) Bidding Requirements on Export of Spr Crude Oil to
Certain Countries.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), and subject to
paragraph (2), with respect to the drawdown and sale at
auction of any crude oil from the Strategic Petroleum Reserve
after the date of enactment of this Act, the Secretary shall
require, as a condition of any such sale, that in the case of
a bid submitted by a bidder that intends to export the crude
oil to the People's Republic of China, the bid will not be
considered by the Secretary to be a valid bid unless the
bidder has submitted a bid 10 times higher than the next
highest bid received.
(2) Waiver.--
(A) In general.--On application by a bidder, the Secretary
may waive, prior to the date of the applicable auction, the
condition described in paragraph (1) with respect to the sale
of crude oil to that bidder at that auction.
(B) Requirement.--The Secretary may issue a waiver under
subparagraph (A) only if the Secretary determines that the
waiver is in the interest of the national security of the
United States.
(C) Applications.--A bidder desiring a waiver under
subparagraph (A) shall submit to the Secretary an application
in such form and containing such information as the Secretary
may require.
______
SA 5266. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike sections 50261 (relating to the offshore oil and gas
royalty rate) and 50262 (relating to Mineral Leasing Act
modernization).
______
SA 5267. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike part 3 of subtitle A of title V and insert the
following:
PART 3--REHABILITATION OF PUBLIC LAND AFFECTED BY NATURAL DISASTERS
SEC. 50131. NATURAL DISASTER RECOVERY FUNDS.
(a) Department of the Interior.--In addition to amounts
otherwise available, there is appropriated to the Secretary
of the Interior for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $900,000,000, to remain
available through September 30, 2029, to rehabilitate public
lands that recently experienced a natural disaster through
the rebuilding of infrastructure, habitat and stream
restoration, and gateway community assistance.
(b) Forest Service.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Agriculture, acting through the Chief of the Forest Service,
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available
through September 30, 2029, to rehabilitate National Forest
System land west of the 100th meridian that recently
experienced a natural disaster through the rebuilding of
infrastructure, habitat and stream restoration, and gateway
community assistance.
______
SA 5268. Mr. DAINES (for himself, Mr. Marshall, and Mr. Risch)
submitted an amendment intended to be proposed to amendment SA 5194
submitted by Mr. Schumer and intended to be proposed to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; which was ordered to lie on the table; as follows:
[[Page S4253]]
At the end of part 1 of subtitle A of title V, add the
following:
SEC. 5011_. CONDITION ON AVAILABILITY OF FUNDS.
None of the funds made available to the Secretary under
this subtitle may be used until the Secretary submits to
Congress the report required under section 40434 of the
Infrastructure Investment and Jobs Act (Public Law 117-58;
135 Stat. 1049) detailing the job losses and the impact on
consumer energy costs resulting from the revocation of the
permit for the Keystone XL pipeline.
______
SA 5269. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike sections 50261 through 50263.
______
SA 5270. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5194 submitted by Mr. Schumer and intended to be proposed
to the bill H.R. 5376, to provide for reconciliation pursuant to title
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
On page 38, strike line 5 and all that follows through
``(III)'' on line 16 and insert the following:
(I) Taxpayer services.--For necessary expenses of the
Internal Revenue Service to provide taxpayer services,
including pre-filing assistance and education, filing and
account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $48,818,900,000, to remain
available until September 30, 2031: Provided, That these
amounts shall be in addition to amounts otherwise available
for such purposes.
______
SA 5271. Mr. BOOZMAN submitted an amendment intended to be proposed
to amendment SA 5194 submitted by Mr. Schumer and intended to be
proposed to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
At the end of subtitle A of title II, add the following:
SEC. 20___. RESCISSION OF WAIVER ON WORK REQUIREMENTS.
(a) In General.--Section 2301 of the Families First
Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116-
127) is repealed.
(b) Effect.--A State agency (as defined in section 3 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012)) carrying out
the supplemental nutrition assistance program established
under that Act shall disregard, for purposes of determining
eligibility to participate in that program in accordance with
section 6(o)(2) of that Act (7 U.S.C. 2015(o)(2)), any period
during which an individual received benefits under that
program prior to the date of enactment of this Act.
______
SA 5272. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed to amendment SA 5194 proposed by Mr. Schumer to the bill
H.R. 5376, to provide for reconciliation pursuant to title II of S.
Con. Res. 14; which was ordered to lie on the table; as follows:
On page 39, line 10, strike the period and insert ``, and
provided further that a portion of such funds shall be used
to create and implement a plan to eliminate racial,
political, regional, and socioeconomic discrepancies in the
audit rates not later than 90 days from the date of enactment
of this Act.''.
______
SA 5273. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60103 and all that follows through section
60201 and insert the following:
SEC. 60103. DIESEL EMISSIONS REDUCTIONS.
(a) Goods Movement.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$60,000,000, to remain available until September 30, 2031,
for grants, rebates, and loans under section 792 of the
Energy Policy Act of 2005 (42 U.S.C. 16132) to identify and
reduce diesel emissions resulting from goods movement
facilities, and vehicles servicing goods movement facilities,
in low-income and disadvantaged communities to address the
health impacts of such emissions on such communities.
(b) Administrative Costs.--The Administrator of the
Environmental Protection Agency shall reserve 2 percent of
the amounts made available under this section for the
administrative costs necessary to carry out activities
pursuant to this section.
SEC. 60104. FUNDING TO ADDRESS AIR POLLUTION.
(a) Fenceline Air Monitoring and Screening Air
Monitoring.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$117,500,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405) to deploy, integrate,
support, and maintain fenceline air monitoring, screening air
monitoring, national air toxics trend stations, and other air
toxics and community monitoring.
(b) Multipollutant Monitoring Stations.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available
until September 30, 2031, for grants and other activities
authorized under subsections (a) through (c) of section 103
and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c),
7405)--
(1) to expand the national ambient air quality monitoring
network with new multipollutant monitoring stations; and
(2) to replace, repair, operate, and maintain existing
monitors.
(c) Air Quality Sensors in Low-income and Disadvantaged
Communities.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$3,000,000, to remain available until September 30, 2031, for
grants and other activities authorized under subsections (a)
through (c) of section 103 and section 105 of the Clean Air
Act (42 U.S.C. 7403(a)-(c), 7405) to deploy, integrate, and
operate air quality sensors in low-income and disadvantaged
communities.
(d) Emissions From Wood Heaters.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $15,000,000, to remain available
until September 30, 2031, for grants and other activities
authorized under subsections (a) through (c) of section 103
and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c),
7405) for testing and other agency activities to address
emissions from wood heaters.
(e) Methane Monitoring.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405) for monitoring
emissions of methane.
(f) Clean Air Act Grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$25,000,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405).
(g) Other Activities.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$45,000,000, to remain available until September 30, 2031, to
carry out, with respect to greenhouse gases, sections 111,
115, 165, 177, 202, 211, 213, and 231 of the Clean Air Act
(42 U.S.C. 7411, 7415, 7475, 7507, 7521, 7545, 7547, and
7571).
(h) Greenhouse Gas and Zero-emission Standards for Mobile
Sources.--In addition to amounts otherwise available, there
is appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2031, to provide grants
to States to adopt and implement greenhouse gas and zero-
emission standards for mobile sources pursuant to section 177
of the Clean Air Act (42 U.S.C. 7507).
(i) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.
SEC. 60105. FUNDING TO ADDRESS AIR POLLUTION AT SCHOOLS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$37,500,000, to remain available until September 30, 2031,
for grants and other activities to monitor and reduce
greenhouse gas emissions and other air pollutants at schools
in low-income and disadvantaged communities under subsections
(a) through (c) of section 103 of the Clean Air Act (42
U.S.C. 7403(a)-(c)) and section 105 of that Act (42 U.S.C.
7405).
(b) Technical Assistance.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$12,500,000, to remain
[[Page S4254]]
available until September 30, 2031, for providing technical
assistance to schools in low-income and disadvantaged
communities under subsections (a) through (c) of section 103
of the Clean Air Act (42 U.S.C. 7403(a)-(c)) and section 105
of that Act (42 U.S.C. 7405)--
(1) to address environmental issues;
(2) to develop school environmental quality plans that
include standards for school building, design, construction,
and renovation; and
(3) to identify and mitigate ongoing air pollution hazards.
(c) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.
SEC. 60106. LOW EMISSIONS ELECTRICITY PROGRAM.
The Clean Air Act is amended by inserting after section 133
of such Act, as added by section 60102 of this Act, the
following:
``SEC. 134. LOW EMISSIONS ELECTRICITY PROGRAM.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, to remain available until September
30, 2031--
``(1) $17,000,000 for consumer-related education and
partnerships with respect to reductions in greenhouse gas
emissions that result from domestic electricity generation
and use;
``(2) $17,000,000 for education, technical assistance, and
partnerships within low-income and disadvantaged communities
with respect to reductions in greenhouse gas emissions that
result from domestic electricity generation and use;
``(3) $17,000,000 for industry-related outreach, technical
assistance, and partnerships with respect to reductions in
greenhouse gas emissions that result from domestic
electricity generation and use;
``(4) $17,000,000 for outreach and technical assistance to,
and partnerships with, State, Tribal, and local governments
with respect to reductions in greenhouse gas emissions that
result from domestic electricity generation and use;
``(5) $1,000,000 to assess, not later than 1 year after the
date of enactment of this section, the reductions in
greenhouse gas emissions that result from changes in domestic
electricity generation and use that are anticipated to occur
on an annual basis through fiscal year 2031; and
``(6) $18,000,000 to ensure that reductions in greenhouse
gas emissions are achieved through use of the existing
authorities of this Act, incorporating the assessment under
paragraph (5).
``(b) Administration of Funds.--Of the amounts made
available under subsection (a), the Administrator shall
reserve 2 percent for the administrative costs necessary to
carry out activities pursuant to that subsection.
``(c) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.''.
SEC. 60107. FUNDING FOR SECTION 211(O) OF THE CLEAN AIR ACT.
(a) Test and Protocol Development.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $5,000,000, to remain available until
September 30, 2031, to carry out section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) with respect to--
(1) the development and establishment of tests and
protocols regarding the environmental and public health
effects of a fuel or fuel additive;
(2) internal and extramural data collection and analyses to
regularly update applicable regulations, guidance, and
procedures for determining lifecycle greenhouse gas emissions
of a fuel; and
(3) the review, analysis, and evaluation of the impacts of
all transportation fuels, including fuel lifecycle
implications, on the general public and on low-income and
disadvantaged communities.
(b) Investments in Advanced Biofuels.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
until September 30, 2031, for new grants to industry and
other related activities under section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) to support investments in
advanced biofuels.
(c) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.
SEC. 60108. FUNDING FOR IMPLEMENTATION OF THE AMERICAN
INNOVATION AND MANUFACTURING ACT.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2026, to
carry out subsections (a) through (i) and subsection (k) of
section 103 of division S of Public Law 116-260 (42 U.S.C.
7675).
(2) Implementation and compliance tools.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000, to remain available until
September 30, 2026, to deploy new implementation and
compliance tools to carry out subsections (a) through (i) and
subsection (k) of section 103 of division S of Public Law
116-260 (42 U.S.C. 7675).
(3) Competitive grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until September 30, 2026,
for competitive grants for reclaim and innovative destruction
technologies under subsections (a) through (i) and subsection
(k) of section 103 of division S of Public Law 116-260 (42
U.S.C. 7675).
(b) Administration of Funds.--Of the funds made available
pursuant to subsection (a)(3), the Administrator of the
Environmental Protection Agency shall reserve 5 percent for
administrative costs necessary to carry out activities
pursuant to such subsection.
SEC. 60109. FUNDING FOR ENFORCEMENT TECHNOLOGY AND PUBLIC
INFORMATION.
(a) Compliance Monitoring.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $18,000,000, to remain available
until September 30, 2031, to update the Integrated Compliance
Information System of the Environmental Protection Agency and
any associated systems, necessary information technology
infrastructure, or public access software tools to ensure
access to compliance data and related information.
(b) Communications With ICIS.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000, to remain available until
September 30, 2031, for grants to States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)) to update
their systems to ensure communication with the Integrated
Compliance Information System of the Environmental Protection
Agency and any associated systems.
(c) Inspection Software.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$4,000,000, to remain available until September 30, 2031--
(1) to acquire or update inspection software for use by the
Environmental Protection Agency, States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)); or
(2) to acquire necessary devices on which to run such
inspection software.
SEC. 60110. GREENHOUSE GAS CORPORATE REPORTING.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$5,000,000, to remain available until September 30, 2031, for
the Environmental Protection Agency to support--
(1) enhanced standardization and transparency of corporate
climate action commitments and plans to reduce greenhouse gas
emissions;
(2) enhanced transparency regarding progress toward meeting
such commitments and implementing such plans; and
(3) progress toward meeting such commitments and
implementing such plans.
(b) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.
SEC. 60111. ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to develop and carry out a program to support the
development, enhanced standardization and transparency, and
reporting criteria for environmental product declarations
that include measurements of the embodied greenhouse gas
emissions of the material or product associated with all
relevant stages of production, use, and disposal, and conform
with international standards, for construction materials and
products by--
(1) providing grants to businesses that manufacture
construction materials and products for developing and
verifying environmental product declarations, and to States,
Indian Tribes, and nonprofit organizations that will support
such businesses;
(2) providing technical assistance to businesses that
manufacture construction materials and products in developing
and verifying environmental product declarations, and to
States, Indian Tribes, and nonprofit organizations that will
support such businesses; and
[[Page S4255]]
(3) carrying out other activities that assist in measuring,
reporting, and steadily reducing the quantity of embodied
carbon of construction materials and products.
(b) Administrative Costs.--Of the amounts made available
under this section, the Administrator of the Environmental
Protection Agency shall reserve 5 percent for administrative
costs necessary to carry out this section.
(c) Definitions.--In this section:
(1) Greenhouse gas.--The term ``greenhouse gas'' means the
air pollutants carbon dioxide, hydrofluorocarbons, methane,
nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
(2) State.--The term ``State'' has the meaning given to
that term in section 302(d) of the Clean Air Act (42 U.S.C.
7602(d)).
SEC. 60112. METHANE EMISSIONS REDUCTION PROGRAM.
The Clean Air Act is amended by inserting after section 134
of such Act, as added by section 60106 of this Act, the
following:
``SEC. 135. METHANE EMISSIONS AND WASTE REDUCTION INCENTIVE
PROGRAM FOR PETROLEUM AND NATURAL GAS SYSTEMS.
``(a) Incentives for Methane Mitigation and Monitoring.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$850,000,000, to remain available until September 30, 2028--
``(1) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
owners and operators of applicable facilities to prepare and
submit greenhouse gas reports under subpart W of part 98 of
title 40, Code of Federal Regulations;
``(2) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency authorized
under subsections (a) through (c) of section 103 for methane
emissions monitoring;
``(3) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
reduce methane and other greenhouse gas emissions from
petroleum and natural gas systems, mitigate legacy air
pollution from petroleum and natural gas systems, and provide
funding for--
``(A) improving climate resiliency of communities and
petroleum and natural gas systems;
``(B) improving and deploying industrial equipment and
processes that reduce methane and other greenhouse gas
emissions and waste;
``(C) supporting innovation in reducing methane and other
greenhouse gas emissions and waste from petroleum and natural
gas systems;
``(D) permanently shutting in and plugging wells on non-
Federal land;
``(E) mitigating health effects of methane and other
greenhouse gas emissions, and legacy air pollution from
petroleum and natural gas systems in low-income and
disadvantaged communities; and
``(F) supporting environmental restoration; and
``(4) to cover all direct and indirect costs required to
administer this section, prepare inventories, gather
empirical data, and track emissions.
``(b) Incentives for Methane Mitigation From Conventional
Wells.--In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$700,000,000, to remain available until September 30, 2028,
for activities described in paragraphs (1) through (4) of
subsection (a) at marginal conventional wells.
``(c) Waste Emissions Charge.--The Administrator shall
impose and collect a charge on methane emissions that exceed
an applicable waste emissions threshold under subsection (f)
from an owner or operator of an applicable facility that
reports more than 25,000 metric tons of carbon dioxide
equivalent of greenhouse gases emitted per year pursuant to
subpart W of part 98 of title 40, Code of Federal
Regulations, regardless of the reporting threshold under that
subpart.
``(d) Applicable Facility.--For purposes of this section,
the term `applicable facility' means a facility within the
following industry segments, as defined in subpart W of part
98 of title 40, Code of Federal Regulations:
``(1) Offshore petroleum and natural gas production.
``(2) Onshore petroleum and natural gas production.
``(3) Onshore natural gas processing.
``(4) Onshore natural gas transmission compression.
``(5) Underground natural gas storage.
``(6) Liquefied natural gas storage.
``(7) Liquefied natural gas import and export equipment.
``(8) Onshore petroleum and natural gas gathering and
boosting.
``(9) Onshore natural gas transmission pipeline.
``(e) Charge Amount.--The amount of a charge under
subsection (c) for an applicable facility shall be equal to
the product obtained by multiplying--
``(1) the number of metric tons of methane emissions
reported pursuant to subpart W of part 98 of title 40, Code
of Federal Regulations, for the applicable facility that
exceed the applicable annual waste emissions threshold listed
in subsection (f) during the previous reporting period; and
``(2)(A) $900 for emissions reported for calendar year
2024;
``(B) $1,200 for emissions reported for calendar year 2025;
or
``(C) $1,500 for emissions reported for calendar year 2026
and each year thereafter.
``(f) Waste Emissions Threshold.--
``(1) Petroleum and natural gas production.--With respect
to imposing and collecting the charge under subsection (c)
for an applicable facility in an industry segment listed in
paragraph (1) or (2) of subsection (d), the Administrator
shall impose and collect the charge on the reported metric
tons of methane emissions from such facility that exceed--
``(A) 0.20 percent of the natural gas sent to sale from
such facility; or
``(B) 10 metric tons of methane per million barrels of oil
sent to sale from such facility, if such facility sent no
natural gas to sale.
``(2) Nonproduction petroleum and natural gas systems.--
With respect to imposing and collecting the charge under
subsection (c) for an applicable facility in an industry
segment listed in paragraph (3), (6), (7), or (8) of
subsection (d), the Administrator shall impose and collect
the charge on the reported metric tons of methane emissions
that exceed 0.05 percent of the natural gas sent to sale from
or through such facility.
``(3) Natural gas transmission.--With respect to imposing
and collecting the charge under subsection (c) for an
applicable facility in an industry segment listed in
paragraph (4), (5), or (9) of subsection (d), the
Administrator shall impose and collect the charge on the
reported metric tons of methane emissions that exceed 0.11
percent of the natural gas sent to sale from or through such
facility.
``(4) Common ownership or control.--In calculating the
total emissions charge obligation for facilities under common
ownership or control, the Administrator shall allow for the
netting of emissions by reducing the total obligation to
account for facility emissions levels that are below the
applicable thresholds within and across all applicable
segments identified in subsection (d).
``(5) Exemption.--Charges shall not be imposed pursuant to
paragraph (1) on emissions that exceed the waste emissions
threshold specified in such paragraph if such emissions are
caused by unreasonable delay, as determined by the
Administrator, in environmental permitting of gathering or
transmission infrastructure necessary for offtake of
increased volume as a result of methane emissions mitigation
implementation.
``(6) Exemption for regulatory compliance.--
``(A) In general.--Charges shall not be imposed pursuant to
subsection (c) on an applicable facility that is subject to
and in compliance with methane emissions requirements
pursuant to subsections (b) and (d) of section 111 upon a
determination by the Administrator that--
``(i) methane emissions standards and plans pursuant to
subsections (b) and (d) of section 111 have been approved and
are in effect in all States with respect to the applicable
facilities; and
``(ii) compliance with the requirements described in clause
(i) will result in equivalent or greater emissions reductions
as would be achieved by the proposed rule of the
Administrator entitled `Standards of Performance for New,
Reconstructed, and Modified Sources and Emissions Guidelines
for Existing Sources: Oil and Natural Gas Sector Climate
Review' (86 Fed. Reg. 63110 (November 15, 2021)), if such
rule had been finalized and implemented.
``(B) Resumption of charge.--If the conditions in clause
(i) or (ii) of subparagraph (A) cease to apply after the
Administrator has made the determination in that
subparagraph, the applicable facility will again be subject
to the charge under subsection (c) beginning in the first
calendar year in which the conditions in either clause (i) or
(ii) of that subparagraph are no longer met.
``(7) Plugged wells.--Charges shall not be imposed with
respect to the emissions rate from any well that has been
permanently shut-in and plugged in the previous year in
accordance with all applicable closure requirements, as
determined by the Administrator.
``(g) Period.--The charge under subsection (c) shall be
imposed and collected beginning with respect to emissions
reported for calendar year 2024 and for each year thereafter.
``(h) Reporting.--Not later than 2 years after the date of
enactment of this section, the Administrator shall revise the
requirements of subpart W of part 98 of title 40, Code of
Federal Regulations, to ensure the reporting under such
subpart, and calculation of charges under subsections (e) and
(f) of this section, are based on empirical data, including
data collected pursuant to subsection (a)(4), accurately
reflect the total methane emissions and waste emissions from
the applicable facilities, and allow owners and operators of
applicable facilities to submit empirical emissions data, in
a manner to be prescribed by the Administrator, to
demonstrate the extent to which a charge under subsection (c)
is owed.
``(i) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.''.
[[Page S4256]]
SEC. 60113. CLIMATE POLLUTION REDUCTION GRANTS.
The Clean Air Act is amended by inserting after section 135
of such Act, as added by section 60112 of this Act, the
following:
``SEC. 136. GREENHOUSE GAS AIR POLLUTION PLANS AND
IMPLEMENTATION GRANTS.
``(a) Appropriations.--
``(1) Greenhouse gas air pollution planning grants.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to carry out subsection (b).
``(2) Greenhouse gas air pollution implementation grants.--
In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$4,750,000,000, to remain available until September 30, 2026,
to carry out subsection (c).
``(3) Administrative costs.--Of the funds made available
under paragraph (2), the Administrator shall reserve 3
percent for administrative costs necessary to carry out this
section, to provide technical assistance to eligible
entities, to develop a plan that could be used as a model by
grantees in developing a plan under subsection (b), and to
model the effects of plans described in this section.
``(b) Greenhouse Gas Air Pollution Planning Grants.--The
Administrator shall make a grant to at least one eligible
entity in each State for the costs of developing a plan for
the reduction of greenhouse gas air pollution to be submitted
with an application for a grant under subsection (c). Each
such plan shall include programs, policies, measures, and
projects that will achieve or facilitate the reduction of
greenhouse gas air pollution. Not later than 270 days after
the date of enactment of this section, the Administrator
shall publish a funding opportunity announcement for grants
under this subsection.
``(c) Greenhouse Gas Air Pollution Reduction Implementation
Grants.--
``(1) In general.--The Administrator shall competitively
award grants to eligible entities to implement plans
developed under subsection (b).
``(2) Application.--To apply for a grant under this
subsection, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator shall
require, which such application shall include information
regarding the degree to which greenhouse gas air pollution is
projected to be reduced in total and with respect to low-
income and disadvantaged communities.
``(3) Terms and conditions.--The Administrator shall make
funds available to a grantee under this subsection in such
amounts, upon such a schedule, and subject to such conditions
based on its performance in implementing its plan submitted
under this section and in achieving projected greenhouse gas
air pollution reduction, as determined by the Administrator.
``(d) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) an air pollution control agency;
``(C) a municipality;
``(D) an Indian tribe; and
``(E) a group of one or more entities listed in
subparagraphs (A) through (D).
``(2) Greenhouse gas.--The term `greenhouse gas' means the
air pollutants carbon dioxide, hydrofluorocarbons, methane,
nitrous oxide, perfluorocarbons, and sulfur hexafluoride.''.
SEC. 60114. ENVIRONMENTAL PROTECTION AGENCY EFFICIENT,
ACCURATE, AND TIMELY REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $40,000,000, to remain available
until September 30, 2026, to provide for the development of
efficient, accurate, and timely reviews for permitting and
approval processes through the hiring and training of
personnel, the development of programmatic documents, the
procurement of technical or scientific services for reviews,
the development of environmental data or information systems,
stakeholder and community engagement, the purchase of new
equipment for environmental analysis, and the development of
geographic information systems and other analysis tools,
techniques, and guidance to improve agency transparency,
accountability, and public engagement.
SEC. 60115. LOW-EMBODIED CARBON LABELING FOR CONSTRUCTION
MATERIALS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2026,
for necessary administrative costs of the Administrator of
the Environmental Protection Agency to carry out this section
and to develop and carry out a program, in consultation with
the Administrator of the Federal Highway Administration for
construction materials used in transportation projects and
the Administrator of General Services for construction
materials used for Federal buildings, to identify and label
construction materials and products that have substantially
lower levels of embodied greenhouse gas emissions associated
with all relevant stages of production, use, and disposal, as
compared to estimated industry averages of similar materials
or products, as determined by the Administrator of the
Environmental Protection Agency, based on--
(1) environmental product declarations; or
(2) determinations by State agencies, as verified by the
Administrator of the Environmental Protection Agency.
(b) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.
Subtitle B--Hazardous Materials
SEC. 60201. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
The Clean Air Act is amended by inserting after section
136, as added by subtitle A of this title, the following:
``SEC. 137. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated--
``(1) $2,800,000,000 to remain available until September
30, 2026, to award grants for the activities described in
subsection (b); and
``(2) $200,000,000 to remain available until September 30,
2026, to provide technical assistance to eligible entities
related to grants awarded under this section.
``(b) Grants.--
``(1) In general.--The Administrator shall use amounts made
available under subsection (a)(1) to award grants for periods
of up to 3 years to eligible entities to carry out activities
described in paragraph (2) that benefit disadvantaged
communities, as defined by the Administrator.
``(2) Eligible activities.--An eligible entity may use a
grant awarded under this subsection for--
``(A) community-led air and other pollution monitoring,
prevention, and remediation, and investments in low- and
zero-emission and resilient technologies and related
infrastructure and workforce development that help reduce
greenhouse gas emissions and other air pollutants;
``(B) mitigating climate and health risks from urban heat
islands, extreme heat, wood heater emissions, and wildfire
events;
``(C) climate resiliency and adaptation;
``(D) reducing indoor toxics and indoor air pollution; or
``(E) facilitating engagement of disadvantaged communities
in State and Federal advisory groups, workshops, rulemakings,
and other public processes.
``(3) Eligible entities.--In this subsection, the term
`eligible entity' means--
``(A) a partnership between--
``(i) an Indian tribe, a local government, or an
institution of higher education; and
``(ii) a community-based nonprofit organization;
``(B) a community-based nonprofit organization; or
``(C) a partnership of community-based nonprofit
organizations.
``(c) Administrative Costs.--The Administrator shall
reserve 7 percent of the amounts made available under
subsection (a) for administrative costs to carry out this
section.
``(d) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.''.
______
SA 5274. Ms. ERNST submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 505, strike line 23 and all that follows through
page 506, line 24, and insert the following:
``(ii) Lifecycle greenhouse gas emissions.--The lifecycle
greenhouse gas emissions of any transportation fuel shall be
based on the most recent determinations under the Greenhouse
gases, Regulated Emissions, and Energy use in Transportation
model developed by Argonne National Laboratory, or a
successor model (as determined by the Secretary).
______
SA 5275. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 390, strike lines 1 through 18 and insert the
following:
``(7) Excluded entities.--For purposes of this section, the
term `new clean vehicle' shall not include--
``(A) any vehicle with respect to which any of the
applicable critical minerals contained in the battery of such
vehicle (as described in subsection (e)(1)(A)) were
extracted, processed, or recycled by a foreign entity of
concern (as defined in section 40207(a)(5) of the
Infrastructure Investment and Jobs Act (42 U.S.C.
18741(a)(5))), or
``(B) any vehicle with respect to which any of the
components contained in the battery
[[Page S4257]]
of such vehicle (as described in subsection (e)(2)(A)) were
manufactured or assembled by a foreign entity of concern (as
so defined).''.
______
SA 5276. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 390, strike lines 1 through 18 and insert the
following:
``(7) Excluded entities.--
``(A) In general.--For purposes of this section, the term
`new clean vehicle' shall not include--
``(i) any vehicle with respect to which any of the
applicable critical minerals contained in the battery of such
vehicle (as described in subsection (e)(1)(A)) were
extracted, processed, or recycled by a foreign entity of
concern (as defined in section 40207(a)(5) of the
Infrastructure Investment and Jobs Act (42 U.S.C.
18741(a)(5))), or
``(ii) any vehicle with respect to which any of the
components contained in the battery of such vehicle (as
described in subsection (e)(2)(A)) were manufactured or
assembled by a foreign entity of concern (as so defined).
``(B) Regulations and guidance.--With respect to the
requirements established under subparagraph (A), the
Secretary may not issue any regulations or other guidance
which provides for exemptions from such requirements or
otherwise weakens the implementation or enforcement of such
requirements, including any exclusion of entities owned by,
controlled by, or subject to the jurisdiction or direction of
the Government of the People's Republic of China as foreign
entities of concern (as so defined).''.
______
SA 5277. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REQUIREMENT TO FINALIZE RULE RELATING TO CONTRACTOR
AND GRANTEE COMPLIANCE WITH TAX LAWS.
Not later than 90 days after the date of the enactment of
this Act, the Director of the Office of Management and Budget
shall finalize the rule to implement the requirement under
section 520 of division B of the Consolidated Appropriations
Act, 2022 (Public Law 117-103; 136 Stat. 148).
______
SA 5278. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ______. RULES FOR INCREASED PREMIUM TAX CREDIT.
(a) In General.--Section 36B(b)(3)(A) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new clause:
``(iv) Special rules.--In the case of a taxable year to
which clause (iii) applies, the Secretary may require an
applicable taxpayer to provide any additional proof of income
as the Secretary deems necessary to avoid fraud and abuse of
this section.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5279. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 40001 and insert the following:
SEC. 40001. INVESTING IN COASTAL COMMUNITIES AND CLIMATE
RESILIENCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the National Oceanic and
Atmospheric Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$2,100,000,000, to remain available until September 30, 2026,
to provide funding through direct expenditure, contracts,
grants, cooperative agreements, or technical assistance to
coastal states (as defined in paragraph (4) of section 304 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4))),
the District of Columbia, Tribal Governments, nonprofit
organizations, local governments, and institutions of higher
education (as defined in subsection (a) of section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))), for the
conservation, restoration, and protection of coastal and
marine habitats, resources, Pacific salmon, and other marine
fisheries, to enable coastal communities to prepare for
extreme storms and other changing climate conditions, and for
projects that support natural resources that sustain coastal
and marine resource dependent communities, marine fishery and
marine mammal stock assessments, and for related
administrative expenses.
(b) Tribal Government Defined.--In this section, the term
``Tribal Government'' means the recognized governing body of
any Indian or Alaska Native tribe, band, nation, pueblo,
village, community, component band, or component reservation,
individually identified (including parenthetically) in the
list published most recently as of the date of enactment of
this subsection pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(c) Improving Coast Guard Housing, Medical, and Child Care
Facilities.--In addition to amounts otherwise available,
there is appropriated to the Coast Guard for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available until
September 30, 2026, for the improvement of Coast Guard
operations through the procurement, construction,
improvement, or repair of Coast Guard housing, medical
facilities, and child care facilities, including procurement,
construction, improvement, or repair to improve the
resilience of such facilities with respect to extreme storms
and other changing climate conditions.
______
SA 5280. Mr. WICKER (for himself and Mrs. Fischer) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
Strike sections 40001 through 40007 and insert the
following:
SEC. 40001. FUNDING TO CARRY OUT SECURE AND TRUSTED
COMMUNICATIONS NETWORKS ACT OF 2019.
In addition to amounts otherwise available, there is
appropriated to the Federal Communications Commission, out of
any money in the Treasury not otherwise appropriated,
$3,080,000,000 for fiscal year 2022, to remain available
until expended, to carry out the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.).
______
SA 5281. Mr. SANDERS (for himself and Mr. Merkley) proposed an
amendment to amendment SA 5194 proposed by Mr. Schumer to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S; as
follows:
Strike sections 13104 through 50265 and insert the
following:
SEC. 13104. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 45U. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the
zero-emission nuclear power production credit for any taxable
year is an amount equal to the amount by which--
``(1) the product of--
``(A) 0.3 cents, multiplied by
``(B) the kilowatt hours of electricity--
``(i) produced by the taxpayer at a qualified nuclear power
facility, and
``(ii) sold by the taxpayer to an unrelated person during
the taxable year, exceeds
``(2) the reduction amount for such taxable year.
``(b) Definitions.--
``(1) Qualified nuclear power facility.--For purposes of
this section, the term `qualified nuclear power facility'
means any nuclear facility--
``(A) which is owned by the taxpayer and which uses nuclear
energy to produce electricity,
``(B) which is not an advanced nuclear power facility as
defined in subsection (d)(1) of section 45J, and
``(C) which is placed in service before the date of the
enactment of this section.
``(2) Reduction amount.--
``(A) In general.--For purposes of this section, the term
`reduction amount' means, with respect to any qualified
nuclear power facility for any taxable year, the amount equal
to the lesser of--
``(i) the amount determined under subsection (a)(1), or
``(ii) the amount equal to 16 percent of the excess of--
``(I) subject to subparagraph (B), the gross receipts from
any electricity produced by such facility (including any
electricity services or products provided in conjunction with
the electricity produced by such facility) and sold to an
unrelated person during such taxable year, over
``(II) the amount equal to the product of--
``(aa) 2.5 cents, multiplied by
``(bb) the amount determined under subsection (a)(1)(B).
``(B) Treatment of certain receipts.--
``(i) In general.--Subject to clause (iii), the amount
determined under subparagraph (A)(ii)(I) shall include any
amount received by the taxpayer during the taxable year with
respect to the qualified nuclear power facility from a zero-
emission credit program. For purposes of determining the
amount received during such taxable year, the taxpayer shall
take into account any reductions required under such program.
``(ii) Zero-emission credit program.--For purposes of this
subparagraph, the term `zero-emission credit program' means
any payments with respect to a qualified nuclear power
facility as a result of any Federal, State or local
government program for, in
[[Page S4258]]
whole or in part, the zero-emission, zero-carbon, or air
quality attributes of any portion of the electricity produced
by such facility.
``(iii) Exclusion.--For purposes of clause (i), any amount
received by the taxpayer from a zero-emission credit program
shall be excluded from the amount determined under
subparagraph (A)(ii)(I) if the full amount of the credit
calculated pursuant to subsection (a) (determined without
regard to this subparagraph) is used to reduce payments from
such zero-emission credit program.
``(3) Electricity.--For purposes of this section, the term
`electricity' means the energy produced by a qualified
nuclear power facility from the conversion of nuclear fuel
into electric power.
``(c) Other Rules.--
``(1) Inflation adjustment.--The 0.3 cent amount in
subsection (a)(1)(A) and the 2.5 cent amount in subsection
(b)(2)(A)(ii)(II)(aa) shall each be adjusted by multiplying
such amount by the inflation adjustment factor (as determined
under section 45(e)(2), as applied by substituting `calendar
year 2023' for `calendar year 1992' in subparagraph (B)
thereof) for the calendar year in which the sale occurs. If
the 0.3 cent amount as increased under this paragraph is not
a multiple of 0.05 cent, such amount shall be rounded to the
nearest multiple of 0.05 cent. If the 2.5 cent amount as
increased under this paragraph is not a multiple of 0.1 cent,
such amount shall be rounded to the nearest multiple of 0.1
cent.
``(2) Special rules.--Rules similar to the rules of
paragraphs (1), (3), (4), and (5) of section 45(e) shall
apply for purposes of this section.
``(d) Wage Requirements.--
``(1) Increased credit amount for qualified nuclear power
facilities.--In the case of any qualified nuclear power
facility which satisfies the requirements of paragraph
(2)(A), the amount of the credit determined under subsection
(a) shall be equal to such amount (as determined without
regard to this sentence) multiplied by 5.
``(2) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified nuclear power
facility are that the taxpayer shall ensure that any laborers
and mechanics employed by the taxpayer or any contractor or
subcontractor in the alteration or repair of such facility
shall be paid wages at rates not less than the prevailing
rates for alteration or repair of a similar character in the
locality in which such facility is located as most recently
determined by the Secretary of Labor, in accordance with
subchapter IV of chapter 31 of title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(3) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary to carry out the purposes of this
subsection, including regulations or other guidance which
provides for requirements for recordkeeping or information
reporting for purposes of administering the requirements of
this subsection.
``(e) Termination.--This section shall not apply to taxable
years beginning after December 31, 2032.''.
(b) Conforming Amendments.--
(1) Section 38(b) is amended--
(A) in paragraph (32), by striking ``plus'' at the end,
(B) in paragraph (33), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(34) the zero-emission nuclear power production credit
determined under section 45U(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 45U. Zero-emission nuclear power production credit.''.
(c) Effective Date.--This section shall apply to
electricity produced and sold after December 31, 2023, in
taxable years beginning after such date.
PART 2--CLEAN FUELS
SEC. 13201. EXTENSION OF INCENTIVES FOR BIODIESEL, RENEWABLE
DIESEL AND ALTERNATIVE FUELS.
(a) Biodiesel and Renewable Diesel Credit.--Section 40A(g)
is amended by striking ``December 31, 2022'' and inserting
``December 31, 2024''.
(b) Biodiesel Mixture Credit.--
(1) In general.--Section 6426(c)(6) is amended by striking
``December 31, 2022'' and inserting ``December 31, 2024''.
(2) Fuels not used for taxable purposes.--Section
6427(e)(6)(B) is amended by striking ``December 31, 2022''
and inserting ``December 31, 2024''.
(c) Alternative Fuel Credit.--Section 6426(d)(5) is amended
by striking ``December 31, 2021'' and inserting ``December
31, 2024''.
(d) Alternative Fuel Mixture Credit.--Section 6426(e)(3) is
amended by striking ``December 31, 2021'' and inserting
``December 31, 2024''.
(e) Payments for Alternative Fuels.--Section 6427(e)(6)(C)
is amended by striking ``December 31, 2021'' and inserting
``December 31, 2024''.
(f) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after December 31, 2021.
(g) Special Rule.--In the case of any alternative fuel
credit properly determined under section 6426(d) of the
Internal Revenue Code of 1986 for the period beginning on
January 1, 2022, and ending with the close of the last
calendar quarter beginning before the date of the enactment
of this Act, such credit shall be allowed, and any refund or
payment attributable to such credit (including any payment
under section 6427(e) of such Code) shall be made, only in
such manner as the Secretary of the Treasury (or the
Secretary's delegate) shall provide. Such Secretary shall
issue guidance within 30 days after the date of the enactment
of this Act providing for a one-time submission of claims
covering periods described in the preceding sentence. Such
guidance shall provide for a 180-day period for the
submission of such claims (in such manner as prescribed by
such Secretary) to begin not later than 30 days after such
guidance is issued. Such claims shall be paid by such
Secretary not later than 60 days after receipt. If such
Secretary has not paid pursuant to a claim filed under this
subsection within 60 days after the date of the filing of
such claim, the claim shall be paid with interest from such
date determined by using the overpayment rate and method
under section 6621 of such Code.
SEC. 13202. EXTENSION OF SECOND GENERATION BIOFUEL
INCENTIVES.
(a) In General.--Section 40(b)(6)(J)(i) is amended by
striking ``2022'' and inserting ``2025''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to qualified second generation biofuel production
after December 31, 2021.
SEC. 13203. SUSTAINABLE AVIATION FUEL CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by inserting after section 40A the
following new section:
``SEC. 40B. SUSTAINABLE AVIATION FUEL CREDIT.
``(a) In General.--For purposes of section 38, the
sustainable aviation fuel credit determined under this
section for the taxable year is, with respect to any sale or
use of a qualified mixture which occurs during such taxable
year, an amount equal to the product of--
``(1) the number of gallons of sustainable aviation fuel in
such mixture, multiplied by
``(2) the sum of--
``(A) $1.25, plus
``(B) the applicable supplementary amount with respect to
such sustainable aviation fuel.
``(b) Applicable Supplementary Amount.--For purposes of
this section, the term `applicable supplementary amount'
means, with respect to any sustainable aviation fuel, an
amount equal to $0.01 for each percentage point by which the
lifecycle greenhouse gas emissions reduction percentage with
respect to such fuel exceeds 50 percent. In no event shall
the applicable supplementary amount determined under this
subsection exceed $0.50.
``(c) Qualified Mixture.--For purposes of this section, the
term `qualified mixture' means a mixture of sustainable
aviation fuel and kerosene if--
``(1) such mixture is produced by the taxpayer in the
United States,
``(2) such mixture is used by the taxpayer (or sold by the
taxpayer for use) in an aircraft,
``(3) such sale or use is in the ordinary course of a trade
or business of the taxpayer, and
``(4) the transfer of such mixture to the fuel tank of such
aircraft occurs in the United States.
``(d) Sustainable Aviation Fuel.--
``(1) In general.--For purposes of this section, the term
`sustainable aviation fuel' means liquid fuel, the portion of
which is not kerosene, which--
``(A) meets the requirements of--
``(i) ASTM International Standard D7566, or
``(ii) the Fischer Tropsch provisions of ASTM International
Standard D1655, Annex A1,
``(B) is not derived from coprocessing an applicable
material (or materials derived from an applicable material)
with a feedstock which is not biomass,
``(C) is not derived from palm fatty acid distillates or
petroleum, and
``(D) has been certified in accordance with subsection (e)
as having a lifecycle greenhouse gas emissions reduction
percentage of at least 50 percent.
``(2) Definitions.--In this subsection--
``(A) Applicable material.--The term `applicable material'
means--
``(i) monoglycerides, diglycerides, and triglycerides,
``(ii) free fatty acids, and
``(iii) fatty acid esters.
``(B) Biomass.--The term `biomass' has the same meaning
given such term in section 45K(c)(3).
``(e) Lifecycle Greenhouse Gas Emissions Reduction
Percentage.--For purposes of this section, the term
`lifecycle greenhouse gas emissions reduction percentage'
means, with respect to any sustainable aviation fuel, the
percentage reduction in lifecycle greenhouse gas emissions
achieved by such fuel as compared with petroleum-based jet
fuel, as defined in accordance with--
``(1) the most recent Carbon Offsetting and Reduction
Scheme for International Aviation which has been adopted by
the International Civil Aviation Organization with the
agreement of the United States, or
[[Page S4259]]
``(2) any similar methodology which satisfies the criteria
under section 211(o)(1)(H) of the Clean Air Act (42 U.S.C.
7545(o)(1)(H)), as in effect on the date of enactment of this
section.
``(f) Registration of Sustainable Aviation Fuel
Producers.--No credit shall be allowed under this section
with respect to any sustainable aviation fuel unless the
producer or importer of such fuel--
``(1) is registered with the Secretary under section 4101,
and
``(2) provides--
``(A) certification (in such form and manner as the
Secretary shall prescribe) from an unrelated party
demonstrating compliance with--
``(i) any general requirements, supply chain traceability
requirements, and information transmission requirements
established under the Carbon Offsetting and Reduction Scheme
for International Aviation described in paragraph (1) of
subsection (e), or
``(ii) in the case of any methodology established under
paragraph (2) of such subsection, requirements similar to the
requirements described in clause (i), and
``(B) such other information with respect to such fuel as
the Secretary may require for purposes of carrying out this
section.
``(g) Coordination With Credit Against Excise Tax.--The
amount of the credit determined under this section with
respect to any sustainable aviation fuel shall, under rules
prescribed by the Secretary, be properly reduced to take into
account any benefit provided with respect to such sustainable
aviation fuel solely by reason of the application of section
6426 or 6427(e).
``(h) Termination.--This section shall not apply to any
sale or use after December 31, 2024.''.
(b) Credit Made Part of General Business Credit.-- Section
38(b), as amended by the preceding provisions of this Act, is
amended by striking ``plus'' at the end of paragraph (33), by
striking the period at the end of paragraph (34) and
inserting ``, plus'', and by inserting after paragraph (34)
the following new paragraph:
``(35) the sustainable aviation fuel credit determined
under section 40B.''.
(c) Coordination With Biodiesel Incentives.--
(1) In general.--Section 40A(d)(1) is amended by inserting
``or 40B'' after ``determined under section 40''.
(2) Conforming amendment.--Section 40A(f) is amended by
striking paragraph (4).
(d) Sustainable Aviation Fuel Added to Credit for Alcohol
Fuel, Biodiesel, and Alternative Fuel Mixtures.--
(1) In general.--Section 6426 is amended by adding at the
end the following new subsection:
``(k) Sustainable Aviation Fuel Credit.--
``(1) In general.--For purposes of this section, the
sustainable aviation fuel credit for the taxable year is,
with respect to any sale or use of a qualified mixture, an
amount equal to the product of--
``(A) the number of gallons of sustainable aviation fuel in
such mixture, multiplied by
``(B) the sum of--
``(i) $1.25, plus
``(ii) the applicable supplementary amount with respect to
such sustainable aviation fuel.
``(2) Definitions.--Any term used in this subsection which
is also used in section 40B shall have the meaning given such
term by section 40B.
``(3) Registration requirement.--For purposes of this
subsection, rules similar to the rules of section 40B(f)
shall apply.''.
(2) Conforming amendments.--
(A) Section 6426 is amended--
(i) in subsection (a)(1), by striking ``and (e)'' and
inserting ``(e), and (k)'', and
(ii) in subsection (h), by striking ``under section 40 or
40A'' and inserting ``under section 40, 40A, or 40B''.
(B) Section 6427(e) is amended--
(i) in the heading, by striking ``or Alternative Fuel'' and
inserting, ``Alternative Fuel, or Sustainable Aviation
Fuel'',
(ii) in paragraph (1), by inserting ``or the sustainable
aviation fuel mixture credit'' after ``alternative fuel
mixture credit'', and
(iii) in paragraph (6)--
(I) in subparagraph (C), by striking ``and'' at the end,
(II) in subparagraph (D), by striking the period at the end
and inserting ``, and'', and
(III) by adding at the end the following new subparagraph:
``(E) any qualified mixture of sustainable aviation fuel
(as defined in section 6426(k)(3)) sold or used after
December 31, 2024.''.
(C) Section 4101(a)(1) is amended by inserting ``every
person producing or importing sustainable aviation fuel (as
defined in section 40B),'' before ``and every person
producing second generation biofuel''.
(D) The table of sections for subpart D of subchapter A of
chapter 1 is amended by inserting after the item relating to
section 40A the following new item:
``Sec. 40B. Sustainable aviation fuel credit.''.
(e) Amount of Credit Included in Gross Income.--Section 87
is amended by striking ``and'' in paragraph (1), by striking
the period at the end of paragraph (2) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(3) the sustainable aviation fuel credit determined with
respect to the taxpayer for the taxable year under section
40B(a).''.
(f) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after December 31, 2022.
SEC. 13204. CLEAN HYDROGEN.
(a) Credit for Production of Clean Hydrogen.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is amended by adding at the end the following new
section:
``SEC. 45V. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN.
``(a) Amount of Credit.--For purposes of section 38, the
clean hydrogen production credit for any taxable year is an
amount equal to the product of--
``(1) the kilograms of qualified clean hydrogen produced by
the taxpayer during such taxable year at a qualified clean
hydrogen production facility during the 10-year period
beginning on the date such facility was originally placed in
service, multiplied by
``(2) the applicable amount (as determined under subsection
(b)) with respect to such hydrogen.
``(b) Applicable Amount.--
``(1) In general.--For purposes of subsection (a)(2), the
applicable amount shall be an amount equal to the applicable
percentage of $0.60. If any amount as determined under the
preceding sentence is not a multiple of 0.1 cent, such amount
shall be rounded to the nearest multiple of 0.1 cent.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined as
follows:
``(A) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of--
``(i) not greater than 4 kilograms of CO2e per kilogram of
hydrogen, and
``(ii) not less than 2.5 kilograms of CO2e per kilogram of
hydrogen,
the applicable percentage shall be 20 percent.
``(B) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of--
``(i) less than 2.5 kilograms of CO2e per kilogram of
hydrogen, and
``(ii) not less than 1.5 kilograms of CO2e per kilogram of
hydrogen,
the applicable percentage shall be 25 percent.
``(C) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of--
``(i) less than 1.5 kilograms of CO2e per kilogram of
hydrogen, and
``(ii) not less than 0.45 kilograms of CO2e per kilogram of
hydrogen,
the applicable percentage shall be 33.4 percent.
``(D) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of less than 0.45 kilograms of
CO2e per kilogram of hydrogen, the applicable percentage
shall be 100 percent.
``(3) Inflation adjustment.--The $0.60 amount in paragraph
(1) shall be adjusted by multiplying such amount by the
inflation adjustment factor (as determined under section
45(e)(2), determined by substituting `2022' for `1992' in
subparagraph (B) thereof) for the calendar year in which the
qualified clean hydrogen is produced. If any amount as
increased under the preceding sentence is not a multiple of
0.1 cent, such amount shall be rounded to the nearest
multiple of 0.1 cent.
``(c) Definitions.--For purposes of this section--
``(1) Lifecycle greenhouse gas emissions.--
``(A) In general.--Subject to subparagraph (B), the term
`lifecycle greenhouse gas emissions' has the same meaning
given such term under subparagraph (H) of section 211(o)(1)
of the Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on
the date of enactment of this section.
``(B) GREET model.--The term `lifecycle greenhouse gas
emissions' shall only include emissions through the point of
production (well-to-gate), as determined under the most
recent Greenhouse gases, Regulated Emissions, and Energy use
in Transportation model (commonly referred to as the `GREET
model') developed by Argonne National Laboratory, or a
successor model (as determined by the Secretary).
``(2) Qualified clean hydrogen.--
``(A) In general.--The term `qualified clean hydrogen'
means hydrogen which is produced through a process that
results in a lifecycle greenhouse gas emissions rate of not
greater than 4 kilograms of CO2e per kilogram of hydrogen.
``(B) Additional requirements.--Such term shall not include
any hydrogen unless--
``(i) such hydrogen is produced--
``(I) in the United States (as defined in section 638(1))
or a possession of the United States (as defined in section
638(2)),
``(II) in the ordinary course of a trade or business of the
taxpayer, and
``(III) for sale or use, and
``(ii) the production and sale or use of such hydrogen is
verified by an unrelated party.
``(C) Provisional emissions rate.--In the case of any
hydrogen for which a lifecycle greenhouse gas emissions rate
has not been determined for purposes of this section, a
taxpayer producing such hydrogen may file a petition with the
Secretary for determination of the lifecycle greenhouse gas
emissions rate with respect to such hydrogen.
[[Page S4260]]
``(3) Qualified clean hydrogen production facility.--The
term `qualified clean hydrogen production facility' means a
facility--
``(A) owned by the taxpayer,
``(B) which produces qualified clean hydrogen, and
``(C) the construction of which begins before January 1,
2033.
``(d) Special Rules.--
``(1) Treatment of facilities owned by more than 1
taxpayer.--Rules similar to the rules section 45(e)(3) shall
apply for purposes of this section.
``(2) Coordination with credit for carbon oxide
sequestration.--No credit shall be allowed under this section
with respect to any qualified clean hydrogen produced at a
facility which includes carbon capture equipment for which a
credit is allowed to any taxpayer under section 45Q for the
taxable year or any prior taxable year.
``(e) Increased Credit Amount for Qualified Clean Hydrogen
Production Facilities.--
``(1) In general.--In the case of any qualified clean
hydrogen production facility which satisfies the requirements
of paragraph (2), the amount of the credit determined under
subsection (a) with respect to qualified clean hydrogen
described in subsection (b)(2) shall be equal to such amount
(determined without regard to this sentence) multiplied by 5.
``(2) Requirements.--A facility meets the requirements of
this paragraph if it is one of the following:
``(A) A facility--
``(i) the construction of which begins prior to the date
that is 60 days after the Secretary publishes guidance with
respect to the requirements of paragraphs (3)(A) and (4), and
``(ii) which meets the requirements of paragraph (3)(A)
with respect to alteration or repair of such facility which
occurs after such date.
``(B) A facility which satisfies the requirements of
paragraphs (3)(A) and (4).
``(3) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified clean hydrogen
production facility are that the taxpayer shall ensure that
any laborers and mechanics employed by the taxpayer or any
contractor or subcontractor in--
``(i) the construction of such facility, and
``(ii) with respect to any taxable year, for any portion of
such taxable year which is within the period described in
subsection (a)(2), the alteration or repair of such facility,
shall be paid wages at rates not less than the prevailing
rates for construction, alteration, or repair of a similar
character in the locality in which such facility is located
as most recently determined by the Secretary of Labor, in
accordance with subchapter IV of chapter 31 of title 40,
United States Code. For purposes of determining an increased
credit amount under paragraph (1) for a taxable year, the
requirement under clause (ii) of this subparagraph is applied
to such taxable year in which the alteration or repair of
qualified facility occurs.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(4) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(5) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary to carry out the purposes of this
subsection, including regulations or other guidance which
provides for requirements for recordkeeping or information
reporting for purposes of administering the requirements of
this subsection.
``(f) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue
regulations or other guidance to carry out the purposes of
this section, including regulations or other guidance for
determining lifecycle greenhouse gas emissions.''.
(2) Credit reduced for tax-exempt bonds.--Section 45V(d),
as added by this section, is amended by adding at the end the
following new paragraph:
``(3) Credit reduced for tax-exempt bonds.--Rules similar
to the rule under section 45(b)(3) shall apply for purposes
of this section.''.
(3) Modification of existing facilities.--Section 45V(d),
as added and amended by the preceding provisions of this
section, is amended by adding at the end the following new
paragraph:
``(4) Modification of existing facilities.--For purposes of
subsection (a)(1), in the case of any facility which--
``(A) was originally placed in service before January 1,
2023, and, prior to the modification described in
subparagraph (B), did not produce qualified clean hydrogen,
and
``(B) after the date such facility was originally placed in
service--
``(i) is modified to produce qualified clean hydrogen, and
``(ii) amounts paid or incurred with respect to such
modification are properly chargeable to capital account of
the taxpayer,
such facility shall be deemed to have been originally placed
in service as of the date that the property required to
complete the modification described in subparagraph (B) is
placed in service.''.
(4) Conforming amendments.--
(A) Section 38(b), as amended by the preceding provisions
of this Act, is amended--
(i) in paragraph (34), by striking ``plus'' at the end,
(ii) in paragraph (35), by striking the period at the end
and inserting ``, plus'', and
(iii) by adding at the end the following new paragraph:
``(36) the clean hydrogen production credit determined
under section 45V(a).''.
(B) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new item:
``Sec. 45V. Credit for production of clean hydrogen.''.
(5) Effective dates.--
(A) In general.--The amendments made by paragraphs (1) and
(4) of this subsection shall apply to hydrogen produced after
December 31, 2022.
(B) Credit reduced for tax-exempt bonds.--The amendment
made by paragraph (2) shall apply to facilities the
construction of which begins after the date of enactment of
this Act.
(C) Modification of existing facilities.--The amendment
made by paragraph (3) shall apply to modifications made after
December 31, 2022.
(b) Credit for Electricity Produced From Renewable
Resources Allowed if Electricity Is Used to Produce Clean
Hydrogen.--
(1) In general.--Section 45(e), as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new paragraph:
``(13) Special rule for electricity used at a qualified
clean hydrogen production facility.--Electricity produced by
the taxpayer shall be treated as sold by such taxpayer to an
unrelated person during the taxable year if--
``(A) such electricity is used during such taxable year by
the taxpayer or a person related to the taxpayer at a
qualified clean hydrogen production facility (as defined in
section 45V(c)(3)) to produce qualified clean hydrogen (as
defined in section 45V(c)(2)), and
``(B) such use and production is verified (in such form or
manner as the Secretary may prescribe) by an unrelated third
party.''.
(2) Similar rule for zero-emission nuclear power production
credit.--Subsection (c)(2) of section 45U, as added by
section 13105 of this Act, is amended by striking ``and (5)''
and inserting ``(5), and (13)''.
(3) Effective date.--The amendments made by this subsection
shall apply to electricity produced after December 31, 2022.
(c) Election to Treat Clean Hydrogen Production Facilities
as Energy Property.--
(1) In general.--Section 48(a), as amended by the preceding
provisions of this Act, is amended--
(A) by redesignating paragraph (15) as paragraph (16), and
(B) by inserting after paragraph (14) the following new
paragraph:
``(15) Election to treat clean hydrogen production
facilities as energy property.--
``(A) In general.--In the case of any qualified property
(as defined in paragraph (5)(D)) which is part of a specified
clean hydrogen production facility--
``(i) such property shall be treated as energy property for
purposes of this section, and
``(ii) the energy percentage with respect to such property
is--
``(I) in the case of a facility which is designed and
reasonably expected to produce qualified clean hydrogen which
is described in a subparagraph (A) of section 45V(b)(2), 1.2
percent,
``(II) in the case of a facility which is designed and
reasonably expected to produce qualified clean hydrogen which
is described in a subparagraph (B) of such section, 1.5
percent,
``(III) in the case of a facility which is designed and
reasonably expected to produce qualified clean hydrogen which
is described in a subparagraph (C) of such section, 2
percent, and
``(IV) in the case of a facility which is designed and
reasonably expected to produce qualified clean hydrogen which
is described in subparagraph (D) of such section, 6 percent.
``(B) Denial of production credit.--No credit shall be
allowed under section 45V or section 45Q for any taxable year
with respect to any specified clean hydrogen production
facility or any carbon capture equipment included at such
facility.
``(C) Specified clean hydrogen production facility.--For
purposes of this paragraph, the term `specified clean
hydrogen production facility' means any qualified clean
hydrogen production facility (as defined in section
45V(c)(3))--
``(i) which is placed in service after December 31, 2022,
``(ii) with respect to which--
``(I) no credit has been allowed under section 45V or 45Q,
and
``(II) the taxpayer makes an irrevocable election to have
this paragraph apply, and
``(iii) for which an unrelated third party has verified (in
such form or manner as the Secretary may prescribe) that such
facility produces hydrogen through a process which results in
lifecycle greenhouse gas emissions which are consistent with
the hydrogen that such facility was designed and expected to
produce under subparagraph (A)(ii).
[[Page S4261]]
``(D) Qualified clean hydrogen.--For purposes of this
paragraph, the term `qualified clean hydrogen' has the
meaning given such term by section 45V(c)(2).
``(E) Regulations.--The Secretary shall issue such
regulations or other guidance as the Secretary determines
necessary to carry out the purposes of this section,
including regulations or other guidance which recaptures so
much of any credit allowed under this section as exceeds the
amount of the credit which would have been allowed if the
expected production were consistent with the actual verified
production (or all of the credit so allowed in the absence of
such verification).''.
(2) Conforming amendment.--Paragraph (9)(A)(i) of section
48(a), as added by section 13102, is amended by inserting
``and paragraph (15)'' after ``paragraphs (1) through (8)''.
(3) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2022, and, for any property the construction of which begins
prior to January 1, 2023, only to the extent of the basis
thereof attributable to the construction, reconstruction, or
erection after December 31, 2022.
(d) Termination of Excise Tax Credit for Hydrogen.--
(1) In general.--Section 6426(d)(2) is amended by striking
subparagraph (D) and by redesignating subparagraphs (E), (F),
and (G) as subparagraphs (D), (E), and (F), respectively.
(2) Conforming amendment.--Section 6426(e)(2) is amended by
striking ``(F)'' and inserting ``(E)''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2022.
PART 3--CLEAN ENERGY AND EFFICIENCY INCENTIVES FOR INDIVIDUALS
SEC. 13301. EXTENSION, INCREASE, AND MODIFICATIONS OF
NONBUSINESS ENERGY PROPERTY CREDIT.
(a) Extension of Credit.--Section 25C(g)(2) is amended by
striking ``December 31, 2021'' and inserting ``December 31,
2032''.
(b) Allowance of Credit.--Section 25C(a) is amended to read
as follows:
``(a) Allowance of Credit.--In the case of an individual,
there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year an amount equal to 30
percent of the sum of--
``(1) the amount paid or incurred by the taxpayer for
qualified energy efficiency improvements installed during
such taxable year, and
``(2) the amount of the residential energy property
expenditures paid or incurred by the taxpayer during such
taxable year.''.
(c) Application of Annual Limitation in Lieu of Lifetime
Limitation.--Section 25C(b) is amended to read as follows:
``(b) Limitations.--
``(1) In general.--The credit allowed under this section
with respect to any taxpayer for any taxable year shall not
exceed $1,200.
``(2) Energy property.--The credit allowed under this
section by reason of subsection (a)(2) with respect to any
taxpayer for any taxable year shall not exceed, with respect
to any item of qualified energy property, $600.
``(3) Windows.--The credit allowed under this section by
reason of subsection (a)(1) with respect to any taxpayer for
any taxable year shall not exceed, in the aggregate with
respect to all exterior windows and skylights, $600.
``(4) Doors.--The credit allowed under this section by
reason of subsection (a)(1) with respect to any taxpayer for
any taxable year shall not exceed--
``(A) $250 in the case of any exterior door, and
``(B) $500 in the aggregate with respect to all exterior
doors.
``(5) Heat pump and heat pump water heaters; biomass stoves
and boilers.--Notwithstanding paragraphs (1) and (2), the
credit allowed under this section by reason of subsection
(a)(2) with respect to any taxpayer for any taxable year
shall not, in the aggregate, exceed $2,000 with respect to
amounts paid or incurred for property described in clauses
(i) and (ii) of subsection (d)(2)(A) and in subsection
(d)(2)(B).''.
(d) Modifications Related to Qualified Energy Efficiency
Improvements.--
(1) Standards for energy efficient building envelope
components.--Section 25C(c)(2) is amended by striking
``meets--'' and all that follows through the period at the
end and inserting the following: ``meets--
``(A) in the case of an exterior window or skylight, Energy
Star most efficient certification requirements,
``(B) in the case of an exterior door, applicable Energy
Star requirements, and
``(C) in the case of any other component, the prescriptive
criteria for such component established by the most recent
International Energy Conservation Code standard in effect as
of the beginning of the calendar year which is 2 years prior
to the calendar year in which such component is placed in
service.''.
(2) Roofs not treated as building envelope components.--
Section 25C(c)(3) is amended by adding ``and'' at the end of
subparagraph (B), by striking ``, and'' at the end of
subparagraph (C) and inserting a period, and by striking
subparagraph (D).
(3) Air sealing insulation added to definition of building
envelope component.--Section 25C(c)(3)(A) is amended by
inserting ``, including air sealing material or system,''
after ``material or system''.
(e) Modification of Residential Energy Property
Expenditures.--Section 25C(d) is amended to read as follows:
``(d) Residential Energy Property Expenditures.--For
purposes of this section--
``(1) In general.--The term `residential energy property
expenditures' means expenditures made by the taxpayer for
qualified energy property which is--
``(A) installed on or in connection with a dwelling unit
located in the United States and used as a residence by the
taxpayer, and
``(B) originally placed in service by the taxpayer.
Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the property.
``(2) Qualified energy property.--The term `qualified
energy property' means any of the following:
``(A) Any of the following which meet or exceed the highest
efficiency tier (not including any advanced tier) established
by the Consortium for Energy Efficiency which is in effect as
of the beginning of the calendar year in which the property
is placed in service:
``(i) An electric or natural gas heat pump water heater.
``(ii) An electric or natural gas heat pump.
``(iii) A central air conditioner.
``(iv) A natural gas, propane, or oil water heater.
``(v) A natural gas, propane, or oil furnace or hot water
boiler.
``(B) A biomass stove or boiler which--
``(i) uses the burning of biomass fuel to heat a dwelling
unit located in the United States and used as a residence by
the taxpayer, or to heat water for use in such a dwelling
unit, and
``(ii) has a thermal efficiency rating of at least 75
percent (measured by the higher heating value of the fuel).
``(C) Any oil furnace or hot water boiler which--
``(i) is placed in service after December 31, 2022, and
before January 1, 2027, and--
``(I) meets or exceeds 2021 Energy Star efficiency
criteria, and
``(II) is rated by the manufacturer for use with fuel
blends at least 20 percent of the volume of which consists of
an eligible fuel, or
``(ii) is placed in service after December 31, 2026, and--
``(I) achieves an annual fuel utilization efficiency rate
of not less than 90, and
``(II) is rated by the manufacturer for use with fuel
blends at least 50 percent of the volume of which consists of
an eligible fuel.
``(D) Any improvement to, or replacement of, a panelboard,
sub-panelboard, branch circuits, or feeders which--
``(i) is installed in a manner consistent with the National
Electric Code,
``(ii) has a load capacity of not less than 200 amps,
``(iii) is installed in conjunction with--
``(I) any qualified energy efficiency improvements, or
``(II) any qualified energy property described in
subparagraphs (A) through (C) for which a credit is allowed
under this section for expenditures with respect to such
property, and
``(iv) enables the installation and use of any property
described in subclause (I) or (II) of clause (iii).
``(3) Eligible fuel.--For purposes of paragraph (2), the
term `eligible fuel' means--
``(A) biodiesel and renewable diesel (within the meaning of
section 40A), and
``(B) second generation biofuel (within the meaning of
section 40).''.
(f) Home Energy Audits.--
(1) In general.--Section 25C(a), as amended by subsection
(b), is amended by striking ``and'' at the end of paragraph
(1), by striking the period at the end of paragraph (2) and
inserting ``, and'', and by adding at the end the following
new paragraph:
``(3) the amount paid or incurred by the taxpayer during
the taxable year for home energy audits.''.
(2) Limitation.--Section 25C(b), as amended by subsection
(c), is amended adding at the end the following new
paragraph:
``(6) Home energy audits.--
``(A) Dollar limitation.--The amount of the credit allowed
under this section by reason of subsection (a)(3) shall not
exceed $150.
``(B) Substantiation requirement.--No credit shall be
allowed under this section by reason of subsection (a)(3)
unless the taxpayer includes with the taxpayer's return of
tax such information or documentation as the Secretary may
require.''.
(3) Home energy audits.--
(A) In general.--Section 25C is amended by redesignating
subsections (e), (f), and (g), as subsections (f), (g), and
(h), respectively, and by inserting after subsection (d) the
following new subsection:
``(e) Home Energy Audits.--For purposes of this section,
the term `home energy audit' means an inspection and written
report with respect to a dwelling unit located in the United
States and owned or used by the taxpayer as the taxpayer's
principal residence (within the meaning of section 121)
which--
``(1) identifies the most significant and cost-effective
energy efficiency improvements with respect to such dwelling
unit, including an estimate of the energy and cost savings
with respect to each such improvement, and
``(2) is conducted and prepared by a home energy auditor
that meets the certification
[[Page S4262]]
or other requirements specified by the Secretary in
regulations or other guidance (as prescribed by the Secretary
not later than 365 days after the date of the enactment of
this subsection).''.
(B) Conforming amendment.--Section 1016(a)(33) is amended
by striking ``section 25C(f)'' and inserting ``section
25C(g)''.
(4) Lack of substantiation treated as mathematical or
clerical error.--Section 6213(g)(2) is amended--
(A) in subparagraph (P), by striking ``and'' at the end,
(B) in subparagraph (Q), by striking the period at the end
and inserting ``, and'', and
(C) by inserting after subparagraph (Q) the following:
``(R) an omission of information or documentation required
under section 25C(b)(6)(B) (relating to home energy audits)
to be included on a return.''.
(g) Identification Number Requirement.--
(1) In general.--Section 25C, as amended by this section,
is amended by redesignating subsection (h) as subsection (i)
and by inserting after subsection (g) the following new
subsection:
``(h) Product Identification Number Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) with respect to any item of specified property
placed in service after December 31, 2024, unless--
``(A) such item is produced by a qualified manufacturer,
and
``(B) the taxpayer includes the qualified product
identification number of such item on the return of tax for
the taxable year.
``(2) Qualified product identification number.--For
purposes of this section, the term `qualified product
identification number' means, with respect to any item of
specified property, the product identification number
assigned to such item by the qualified manufacturer pursuant
to the methodology referred to in paragraph (3).
``(3) Qualified manufacturer.--For purposes of this
section, the term `qualified manufacturer' means any
manufacturer of specified property which enters into an
agreement with the Secretary which provides that such
manufacturer will--
``(A) assign a product identification number to each item
of specified property produced by such manufacturer utilizing
a methodology that will ensure that such number (including
any alphanumeric) is unique to each such item (by utilizing
numbers or letters which are unique to such manufacturer or
by such other method as the Secretary may provide),
``(B) label such item with such number in such manner as
the Secretary may provide, and
``(C) make periodic written reports to the Secretary (at
such times and in such manner as the Secretary may provide)
of the product identification numbers so assigned and
including such information as the Secretary may require with
respect to the item of specified property to which such
number was so assigned.
``(4) Specified property.--For purposes of this subsection,
the term `specified property' means any qualified energy
property and any property described in subparagraph (B) or
(C) of subsection (c)(3).''.
(2) Omission of correct product identification number
treated as mathematical or clerical error.--Section
6213(g)(2), as amended by the preceding provisions of this
Act, is amended--
(A) in subparagraph (Q), by striking ``and'' at the end,
(B) in subparagraph (R), by striking the period at the end
and inserting ``, and'', and
(C) by inserting after subparagraph (R) the following:
``(S) an omission of a correct product identification
number required under section 25C(h) (relating to credit for
nonbusiness energy property) to be included on a return.''.
(h) Energy Efficient Home Improvement Credit.--
(1) In general.--The heading for section 25C is amended by
striking ``nonbusiness energy property'' and inserting
``energy efficient home improvement credit''.
(2) Clerical amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 is amended by
striking the item relating to section 25C and inserting after
the item relating to section 25B the following item:
``Sec. 25C. Energy efficient home improvement credit.''.
(i) Effective Dates.--
(1) In general.--Except as otherwise provided by this
subsection, the amendments made by this section shall apply
to property placed in service after December 31, 2022.
(2) Extension of credit.--The amendments made by subsection
(a) shall apply to property placed in service after December
31, 2021.
(3) Identification number requirement.--The amendments made
by subsection (g) shall apply to property placed in service
after December 31, 2024.
SEC. 13302. RESIDENTIAL CLEAN ENERGY CREDIT.
(a) Extension of Credit.--
(1) In general.--Section 25D(h) is amended by striking
``December 31, 2023'' and inserting ``December 31, 2034''.
(2) Application of phaseout.--Section 25D(g) is amended--
(A) in paragraph (2), by striking ``before January 1, 2023,
26 percent, and'' and inserting ``before January 1, 2022, 26
percent,'', and
(B) by striking paragraph (3) and by inserting after
paragraph (2) the following new paragraphs:
``(3) in the case of property placed in service after
December 31, 2021, and before January 1, 2033, 30 percent,
``(4) in the case of property placed in service after
December 31, 2032, and before January 1, 2034, 26 percent,
and
``(5) in the case of property placed in service after
December 31, 2033, and before January 1, 2035, 22 percent.''.
(b) Residential Clean Energy Credit for Battery Storage
Technology; Certain Expenditures Disallowed.--
(1) Allowance of credit.--Paragraph (6) of section 25D(a)
is amended to read as follows:
``(6) the qualified battery storage technology
expenditures,''.
(2) Definition of qualified battery storage technology
expenditure.--Paragraph (6) of section 25D(d) is amended to
read as follows:
``(6) Qualified battery storage technology expenditure.--
The term `qualified battery storage technology expenditure'
means an expenditure for battery storage technology which--
``(A) is installed in connection with a dwelling unit
located in the United States and used as a residence by the
taxpayer, and
``(B) has a capacity of not less than 3 kilowatt hours.''.
(c) Conforming Amendments.--
(1) Section 25D(d)(3) is amended by inserting ``, without
regard to subparagraph (D) thereof'' after ``section
48(c)(1)''.
(2) The heading for section 25D is amended by striking
``energy efficient property'' and inserting ``clean energy
credit''.
(3) The table of sections for subpart A of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 25D and inserting the following:
``Sec. 25D. Residential clean energy credit.''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to expenditures
made after December 31, 2021.
(2) Residential clean energy credit for battery storage
technology; certain expenditures disallowed.--The amendments
made by subsection (b) shall apply to expenditures made after
December 31, 2022.
SEC. 13303. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) In General.--
(1) Maximum amount of deduction.--Subsection (b) of section
179D is amended to read as follows:
``(b) Maximum Amount of Deduction.--
``(1) In general.--The deduction under subsection (a) with
respect to any building for any taxable year shall not exceed
the excess (if any) of--
``(A) the product of--
``(i) the applicable dollar value, and
``(ii) the square footage of the building, over
``(B) the aggregate amount of the deductions under
subsections (a) and (f) with respect to the building for the
3 taxable years immediately preceding such taxable year (or,
in the case of any such deduction allowable to a person other
than the taxpayer, for any taxable year ending during the 4-
taxable-year period ending with such taxable year).
``(2) Applicable dollar value.--For purposes of paragraph
(1)(A)(i), the applicable dollar value shall be an amount
equal to $0.50 increased (but not above $1.00) by $0.02 for
each percentage point by which the total annual energy and
power costs for the building are certified to be reduced by a
percentage greater than 25 percent.
``(3) Increased deduction amount for certain property.--
``(A) In general.--In the case of any property which
satisfies the requirements of subparagraph (B), paragraph (2)
shall be applied by substituting `$2.50' for `$0.50', `$.10'
for `$.02', and `$5.00' for `$1.00'.
``(B) Property requirements.--In the case of any energy
efficient commercial building property, energy efficient
building retrofit property, or property installed pursuant to
a qualified retrofit plan, such property shall meet the
requirements of this subparagraph if --
``(i) installation of such property begins prior to the
date that is 60 days after the Secretary publishes guidance
with respect to the requirements of paragraphs (4)(A) and
(5), or
``(ii) installation of such property satisfies the
requirements of paragraphs (4)(A) and (5).
``(4) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any property are that the
taxpayer shall ensure that any laborers and mechanics
employed by the taxpayer or any contractor or subcontractor
in the installation of any property shall be paid wages at
rates not less than the prevailing rates for construction,
alteration, or repair of a similar character in the locality
in which such property is located as most recently determined
by the Secretary of Labor, in accordance with subchapter IV
of chapter 31 of title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(5) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(6) Regulations.--The Secretary shall issue such
regulations or other guidance as the Secretary determines
necessary to carry
[[Page S4263]]
out the purposes of this subsection, including regulations or
other guidance which provides for requirements for
recordkeeping or information reporting for purposes of
administering the requirements of this subsection.''.
(2) Modification of efficiency standard.--Section
179D(c)(1)(D) is amended by striking ``50 percent'' and
inserting ``25 percent''.
(3) Reference standard.--Section 179D(c)(2) is amended by
striking ``the most recent'' and inserting the following:
``the more recent of--
``(A) Standard 90.1-2007 published by the American Society
of Heating, Refrigerating, and Air Conditioning Engineers and
the Illuminating Engineering Society of North America, or
``(B) the most recent''.
(4) Final determination; extension of period; placed in
service deadline.--Subparagraph (B) of section 179D(c)(2), as
amended by paragraph (3), is amended--
(A) by inserting ``for which the Department of Energy has
issued a final determination and'' before ``which has been
affirmed'',
(B) by striking ``2 years'' and inserting ``4 years'', and
(C) by striking ``that construction of such property
begins'' and inserting ``such property is placed in
service''.
(5) Elimination of partial allowance.--
(A) In general.--Section 179D(d) is amended--
(i) by striking paragraph (1), and
(ii) by redesignating paragraphs (2) through (6) as
paragraphs (1) through (5), respectively.
(B) Conforming amendments.--
(i) Section 179D(c)(1)(D) is amended--
(I) by striking ``subsection (d)(6)'' and inserting
``subsection (d)(5)'', and
(II) by striking ``subsection (d)(2)'' and inserting
``subsection (d)(1)''.
(ii) Paragraph (2)(A) of section 179D(d), as redesignated
by subparagraph (A), is amended by striking ``paragraph (2)''
and inserting ``paragraph (1)''.
(iii) Paragraph (4) of section 179D(d), as redesignated by
subparagraph (A), is amended by striking ``paragraph
(3)(B)(iii)'' and inserting ``paragraph (2)(B)(iii)''.
(iv) Section 179D is amended by striking subsection (f).
(v) Section 179D(h) is amended by striking ``or
(d)(1)(A)''.
(6) Allocation of deduction by certain tax-exempt
entities.--Paragraph (3) of section 179D(d), as redesignated
by paragraph (5)(A), is amended to read as follows:
``(3) Allocation of deduction by certain tax-exempt
entities.--
``(A) In general.--In the case of energy efficient
commercial building property installed on or in property
owned by a specified tax-exempt entity, the Secretary shall
promulgate regulations or guidance to allow the allocation of
the deduction to the person primarily responsible for
designing the property in lieu of the owner of such property.
Such person shall be treated as the taxpayer for purposes of
this section.
``(B) Specified tax-exempt entity.--For purposes of this
paragraph, the term `specified tax-exempt entity' means--
``(i) the United States, any State or political subdivision
thereof, any possession of the United States, or any agency
or instrumentality of any of the foregoing,
``(ii) an Indian tribal government (as defined in section
30D(g)(9)) or Alaska Native Corporation (as defined in
section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(m)), and
``(iii) any organization exempt from tax imposed by this
chapter.''.
(7) Alternative deduction for energy efficient building
retrofit property.--Section 179D, as amended by the preceding
provisions of this section, is amended by inserting after
subsection (e) the following new subsection:
``(f) Alternative Deduction for Energy Efficient Building
Retrofit Property.--
``(1) In general.--In the case of a taxpayer which elects
(at such time and in such manner as the Secretary may
provide) the application of this subsection with respect to
any qualified building, there shall be allowed as a deduction
for the taxable year which includes the date of the
qualifying final certification with respect to the qualified
retrofit plan of such building, an amount equal to the lesser
of--
``(A) the excess described in subsection (b) (determined by
substituting `energy use intensity' for `total annual energy
and power costs' in paragraph (2) thereof), or
``(B) the aggregate adjusted basis (determined after taking
into account all adjustments with respect to such taxable
year other than the reduction under subsection (e)) of energy
efficient building retrofit property placed in service by the
taxpayer pursuant to such qualified retrofit plan.
``(2) Qualified retrofit plan.--For purposes of this
subsection, the term `qualified retrofit plan' means a
written plan prepared by a qualified professional which
specifies modifications to a building which, in the
aggregate, are expected to reduce such building's energy use
intensity by 25 percent or more in comparison to the baseline
energy use intensity of such building. Such plan shall
provide for a qualified professional to--
``(A) as of any date during the 1-year period ending on the
date on which the property installed pursuant to such plan is
placed in service, certify the energy use intensity of such
building as of such date,
``(B) certify the status of property installed pursuant to
such plan as meeting the requirements of subparagraphs (B)
and (C) of paragraph (3), and
``(C) as of any date that is more than 1 year after the
date on which the property installed pursuant to such plan is
placed in service, certify the energy use intensity of such
building as of such date.
``(3) Energy efficient building retrofit property.--For
purposes of this subsection, the term `energy efficient
building retrofit property' means property--
``(A) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable,
``(B) which is installed on or in any qualified building,
``(C) which is installed as part of--
``(i) the interior lighting systems,
``(ii) the heating, cooling, ventilation, and hot water
systems, or
``(iii) the building envelope, and
``(D) which is certified in accordance with paragraph
(2)(B) as meeting the requirements of subparagraphs (B) and
(C).
``(4) Qualified building.--For purposes of this subsection,
the term `qualified building' means any building which--
``(A) is located in the United States, and
``(B) was originally placed in service not less than 5
years before the establishment of the qualified retrofit plan
with respect to such building.
``(5) Qualifying final certification.--For purposes of this
subsection, the term `qualifying final certification' means,
with respect to any qualified retrofit plan, the
certification described in paragraph (2)(C) if the energy use
intensity certified in such certification is not more than 75
percent of the baseline energy use intensity of the building.
``(6) Baseline energy use intensity.--
``(A) In general.--For purposes of this subsection, the
term `baseline energy use intensity' means the energy use
intensity certified under paragraph (2)(A), as adjusted to
take into account weather.
``(B) Determination of adjustment.--For purposes of
subparagraph (A), the adjustments described in such
subparagraph shall be determined in such manner as the
Secretary may provide.
``(7) Other definitions.--For purposes of this subsection--
``(A) Energy use intensity.--The term `energy use
intensity' means the annualized, measured site energy use
intensity determined in accordance with such regulations or
other guidance as the Secretary may provide and measured in
British thermal units.
``(B) Qualified professional.--The term `qualified
professional' means an individual who is a licensed architect
or a licensed engineer and meets such other requirements as
the Secretary may provide.
``(8) Coordination with deduction otherwise allowed under
subsection (a).--
``(A) In general.--In the case of any building with respect
to which an election is made under paragraph (1), the term
`energy efficient commercial building property' shall not
include any energy efficient building retrofit property with
respect to which a deduction is allowable under this
subsection.
``(B) Certain rules not applicable.--
``(i) In general.--Except as provided in clause (ii),
subsection (d) shall not apply for purposes of this
subsection.
``(ii) Allocation of deduction by certain tax-exempt
entities.--Rules similar to subsection (d)(3) shall apply for
purposes of this subsection.''.
(8) Inflation adjustment.--Section 179D(g) is amended--
(A) by striking ``2020'' and inserting ``2022'',
(B) by striking ``or subsection (d)(1)(A)'', and
(C) by striking ``2019'' and inserting ``2021''.
(b) Application to Real Estate Investment Trust Earnings
and Profits.--Section 312(k)(3)(B) is amended--
(1) by striking ``For purposes of computing the earnings
and profits of a corporation'' and inserting the following:
``(i) In general.--For purposes of computing the earnings
and profits of a corporation, except as provided in clause
(ii)'', and
(2) by adding at the end the following new clause:
``(ii) Special rule.--In the case of a corporation that is
a real estate investment trust, any amount deductible under
section 179D shall be allowed in the year in which the
property giving rise to such deduction is placed in service
(or, in the case of energy efficient building retrofit
property, the year in which the qualifying final
certification is made).''.
(c) Conforming Amendment.--Paragraph (1) of section
179D(d), as redesignated by subsection (a)(5)(A), is amended
by striking ``not later than the date that is 2 years before
the date that construction of such property begins'' and
inserting ``not later than the date that is 4 years before
the date such property is placed in service''.
(d) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to taxable years beginning after December 31, 2022.
(2) Alternative deduction for energy efficient building
retrofit property.--Subsection (f) of section 179D of the
Internal Revenue Code of 1986 (as amended by this section),
and any other provision of such section solely for purposes
of applying such subsection, shall apply to property placed
in service after December 31, 2022 (in taxable
[[Page S4264]]
years ending after such date) if such property is placed in
service pursuant to qualified retrofit plan (within the
meaning of such section) established after such date.
SEC. 13304. EXTENSION, INCREASE, AND MODIFICATIONS OF NEW
ENERGY EFFICIENT HOME CREDIT.
(a) Extension of Credit.--Section 45L(g) is amended by
striking ``December 31, 2021'' and inserting ``December 31,
2032''.
(b) Increase in Credit Amounts.--Paragraph (2) of section
45L(a) is amended to read as follows:
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to--
``(A) in the case of a dwelling unit which is eligible to
participate in the Energy Star Residential New Construction
Program or the Energy Star Manufactured New Homes program--
``(i) which meets the requirements of subsection (c)(1)(A)
(and which does not meet the requirements of subsection
(c)(1)(B)), $2,500, and
``(ii) which meets the requirements of subsection
(c)(1)(B), $5,000, and
``(B) in the case of a dwelling unit which is part of a
building eligible to participate in the Energy Star
Multifamily New Construction Program--
``(i) which meets the requirements of subsection (c)(1)(A)
(and which does not meet the requirements of subsection
(c)(1)(B)), $500, and
``(ii) which meets the requirements of subsection
(c)(1)(B), $1,000.''.
(c) Modification of Energy Saving Requirements.--Section
45L(c) is amended to read as follows:
``(c) Energy Saving Requirements.--
``(1) In general.--
``(A) In general.--A dwelling unit meets the requirements
of this subparagraph if such dwelling unit meets the
requirements of paragraph (2) or (3) (whichever is
applicable).
``(B) Zero energy ready home program.--A dwelling unit
meets the requirements of this subparagraph if such dwelling
unit is certified as a zero energy ready home under the zero
energy ready home program of the Department of Energy as in
effect on January 1, 2023 (or any successor program
determined by the Secretary).
``(2) Single-family home requirements.--A dwelling unit
meets the requirements of this paragraph if--
``(A) such dwelling unit meets--
``(i)(I) in the case of a dwelling unit acquired before
January 1, 2025, the Energy Star Single-Family New Homes
National Program Requirements 3.1, or
``(II) in the case of a dwelling unit acquired after
December 31, 2024, the Energy Star Single-Family New Homes
National Program Requirements 3.2, and
``(ii) the most recent Energy Star Single-Family New Homes
Program Requirements applicable to the location of such
dwelling unit (as in effect on the latter of January 1, 2023,
or January 1 of two calendar years prior to the date the
dwelling unit was acquired), or
``(B) such dwelling unit meets the most recent Energy Star
Manufactured Home National program requirements as in effect
on the latter of January 1, 2023, or January 1 of two
calendar years prior to the date such dwelling unit is
acquired.
``(3) Multi-family home requirements.--A dwelling unit
meets the requirements of this paragraph if--
``(A) such dwelling unit meets the most recent Energy Star
Multifamily New Construction National Program Requirements
(as in effect on either January 1, 2023, or January 1 of
three calendar years prior to the date the dwelling was
acquired, whichever is later), and
``(B) such dwelling unit meets the most recent Energy Star
Multifamily New Construction Regional Program Requirements
applicable to the location of such dwelling unit (as in
effect on either January 1, 2023, or January 1 of three
calendar years prior to the date the dwelling was acquired,
whichever is later).''.
(d) Prevailing Wage Requirement.--Section 45L is amended by
redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Prevailing Wage Requirement.--
``(1) In general.--In the case of a qualifying residence
described in subsection (a)(2)(B) meeting the prevailing wage
requirements of paragraph (2)(A), the credit amount allowed
with respect to such residence shall be--
``(A) $2,500 in the case of a residence which meets the
requirements of subparagraph (A) of subsection (c)(1) (and
which does not meet the requirements of subparagraph (B) of
such subsection), and
``(B) $5,000 in the case of a residence which meets the
requirements of subsection (c)(1)(B).
``(2) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified residence are that
the taxpayer shall ensure that any laborers and mechanics
employed by the taxpayer or any contractor or subcontractor
in the construction of such residence shall be paid wages at
rates not less than the prevailing rates for construction,
alteration, or repair of a similar character in the locality
in which such residence is located as most recently
determined by the Secretary of Labor, in accordance with
subchapter IV of chapter 31 of title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(3) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary to carry out the purposes of this
subsection, including regulations or other guidance which
provides for requirements for recordkeeping or information
reporting for purposes of administering the requirements of
this subsection.''.
(e) Basis Adjustment.--Section 45L(e) is amended by
inserting after the first sentence the following: ``This
subsection shall not apply for purposes of determining the
adjusted basis of any building under section 42.''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to dwelling units
acquired after December 31, 2022.
(2) Extension of credit.--The amendments made by subsection
(a) shall apply to dwelling units acquired after December 31,
2021.
PART 4--CLEAN VEHICLES
SEC. 13401. CLEAN VEHICLE CREDIT.
(a) Per Vehicle Dollar Limitation.--Section 30D(b) is
amended by striking paragraphs (2) and (3) and inserting the
following:
``(2) Critical minerals.--In the case of a vehicle with
respect to which the requirement described in subsection
(e)(1)(A) is satisfied, the amount determined under this
paragraph is $3,750.
``(3) Battery components.--In the case of a vehicle with
respect to which the requirement described in subsection
(e)(2)(A) is satisfied, the amount determined under this
paragraph is $3,750.''.
(b) Final Assembly.--Section 30D(d) is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by striking ``and'' at the end,
(B) in subparagraph (F)(ii), by striking the period at the
end and inserting ``, and'', and
(C) by adding at the end the following:
``(G) the final assembly of which occurs within North
America.'',
(2) by adding at the end the following:
``(5) Final assembly.--For purposes of paragraph (1)(G),
the term `final assembly' means the process by which a
manufacturer produces a new clean vehicle at, or through the
use of, a plant, factory, or other place from which the
vehicle is delivered to a dealer or importer with all
component parts necessary for the mechanical operation of the
vehicle included with the vehicle, whether or not the
component parts are permanently installed in or on the
vehicle.''.
(c) Definition of New Clean Vehicle.--
(1) In general.--Section 30D(d), as amended by the
preceding provisions of this section, is amended--
(A) in the heading, by striking ``Qualified Plug-in
Electric Drive Motor'' and inserting ``Clean'',
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``qualified plug-in electric drive motor'' and inserting
``clean'',
(ii) in subparagraph (C), by inserting ``qualified'' before
``manufacturer'',
(iii) in subparagraph (F)--
(I) in clause (i), by striking ``4'' and inserting ``7'',
and
(II) in clause (ii), by striking ``and'' at the end,
(iv) in subparagraph (G), by striking the period at the end
and inserting ``, and'', and
(v) by adding at the end the following:
``(H) for which the person who sells any vehicle to the
taxpayer furnishes a report to the taxpayer and to the
Secretary, at such time and in such manner as the Secretary
shall provide, containing--
``(i) the name and taxpayer identification number of the
taxpayer,
``(ii) the vehicle identification number of the vehicle,
unless, in accordance with any applicable rules promulgated
by the Secretary of Transportation, the vehicle is not
assigned such a number,
``(iii) the battery capacity of the vehicle,
``(iv) verification that original use of the vehicle
commences with the taxpayer, and
``(v) the maximum credit under this section allowable to
the taxpayer with respect to the vehicle.'',
(C) in paragraph (3)--
(i) in the heading, by striking ``Manufacturer'' and
inserting ``Qualified manufacturer'',
(ii) by striking ``The term `manufacturer' has the meaning
given such term in'' and inserting ``The term `qualified
manufacturer' means any manufacturer (within the meaning of
the'', and
(iii) by inserting ``) which enters into a written
agreement with the Secretary under which such manufacturer
agrees to make periodic written reports to the Secretary (at
such times and in such manner as the Secretary may provide)
providing vehicle identification numbers and such other
information related to each vehicle manufactured by such
manufacturer as the Secretary may require'' before the period
at the end, and
(D) by adding at the end the following:
``(6) New qualified fuel cell motor vehicle.--For purposes
of this section, the term `new clean vehicle' shall include
any new qualified fuel cell motor vehicle (as defined in
section 30B(b)(3)) which meets the requirements under
subparagraphs (G) and (H) of paragraph (1).''.
[[Page S4265]]
(2) Conforming amendments.--Section 30D is amended--
(A) in subsection (a), by striking ``new qualified plug-in
electric drive motor vehicle'' and inserting ``new clean
vehicle'', and
(B) in subsection (b)(1), by striking ``new qualified plug-
in electric drive motor vehicle'' and inserting ``new clean
vehicle''.
(d) Elimination of Limitation on Number of Vehicles
Eligible for Credit.--Section 30D is amended by striking
subsection (e).
(e) Critical Mineral and Battery Component Requirements.--
(1) In general.--Section 30D, as amended by the preceding
provisions of this section, is amended by inserting after
subsection (d) the following:
``(e) Critical Mineral and Battery Component
Requirements.--
``(1) Critical minerals requirement.--
``(A) In general.--The requirement described in this
subparagraph with respect to a vehicle is that, with respect
to the battery from which the electric motor of such vehicle
draws electricity, the percentage of the value of the
applicable critical minerals (as defined in section
45X(c)(6)) contained in such battery that were--
``(i) extracted or processed--
``(I) in the United States, or
``(II) in any country with which the United States has a
free trade agreement in effect, or
``(ii) recycled in North America,
is equal to or greater than the applicable percentage (as
certified by the qualified manufacturer, in such form or
manner as prescribed by the Secretary).
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage shall be--
``(i) in the case of a vehicle placed in service after the
date on which the proposed guidance described in paragraph
(3)(B) is issued by the Secretary and before January 1, 2024,
40 percent,
``(ii) in the case of a vehicle placed in service during
calendar year 2024, 50 percent,
``(iii) in the case of a vehicle placed in service during
calendar year 2025, 60 percent,
``(iv) in the case of a vehicle placed in service during
calendar year 2026, 70 percent, and
``(v) in the case of a vehicle placed in service after
December 31, 2026, 80 percent.
``(2) Battery components.--
``(A) In general.--The requirement described in this
subparagraph with respect to a vehicle is that, with respect
to the battery from which the electric motor of such vehicle
draws electricity, the percentage of the value of the
components contained in such battery that were manufactured
or assembled in North America is equal to or greater than the
applicable percentage (as certified by the qualified
manufacturer, in such form or manner as prescribed by the
Secretary).
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage shall be--
``(i) in the case of a vehicle placed in service after the
date on which the proposed guidance described in paragraph
(3)(B) is issued by the Secretary and before January 1, 2024,
50 percent,
``(ii) in the case of a vehicle placed in service during
calendar year 2024 or 2025, 60 percent,
``(iii) in the case of a vehicle placed in service during
calendar year 2026, 70 percent,
``(iv) in the case of a vehicle placed in service during
calendar year 2027, 80 percent,
``(v) in the case of a vehicle placed in service during
calendar year 2028, 90 percent,
``(vi) in the case of a vehicle placed in service after
December 31, 2028, 100 percent.
``(3) Regulations and guidance.--
``(A) In general.--The Secretary shall issue such
regulations or other guidance as the Secretary determines
necessary to carry out the purposes of this subsection,
including regulations or other guidance which provides for
requirements for recordkeeping or information reporting for
purposes of administering the requirements of this
subsection.
``(B) Deadline for proposed guidance.--Not later than
December 31, 2022, the Secretary shall issue proposed
guidance with respect to the requirements under this
subsection.''.
(2) Excluded entities.--Section 30D(d), as amended by the
preceding provisions of this section, is amended by adding at
the end the following:
``(7) Excluded entities.--For purposes of this section, the
term `new clean vehicle' shall not include--
``(A) any vehicle placed in service after December 31,
2024, with respect to which any of the applicable critical
minerals contained in the battery of such vehicle (as
described in subsection (e)(1)(A)) were extracted, processed,
or recycled by a foreign entity of concern (as defined in
section 40207(a)(5) of the Infrastructure Investment and Jobs
Act (42 U.S.C. 18741(a)(5))), or
``(B) any vehicle placed in service after December 31,
2023, with respect to which any of the components contained
in the battery of such vehicle (as described in subsection
(e)(2)(A)) were manufactured or assembled by a foreign entity
of concern (as so defined).''.
(f) Special Rules.--Section 30D(f) is amended by adding at
the end the following:
``(8) One credit per vehicle.--In the case of any vehicle,
the credit described in subsection (a) shall only be allowed
once with respect to such vehicle, as determined based upon
the vehicle identification number of such vehicle.
``(9) VIN requirement.--No credit shall be allowed under
this section with respect to any vehicle unless the taxpayer
includes the vehicle identification number of such vehicle on
the return of tax for the taxable year.
``(10) Limitation based on modified adjusted gross
income.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any taxable year if--
``(i) the lesser of--
``(I) the modified adjusted gross income of the taxpayer
for such taxable year, or
``(II) the modified adjusted gross income of the taxpayer
for the preceding taxable year, exceeds
``(ii) the threshold amount.
``(B) Threshold amount.--For purposes of subparagraph
(A)(ii), the threshold amount shall be--
``(i) in the case of a joint return or a surviving spouse
(as defined in section 2(a)), $300,000,
``(ii) in the case of a head of household (as defined in
section 2(b)), $225,000, and
``(iii) in the case of a taxpayer not described in clause
(i) or (ii), $150,000.
``(C) Modified adjusted gross income.--For purposes of this
paragraph, the term `modified adjusted gross income' means
adjusted gross income increased by any amount excluded from
gross income under section 911, 931, or 933.
``(11) Manufacturer's suggested retail price limitation.--
``(A) In general.--No credit shall be allowed under
subsection (a) for a vehicle with a manufacturer's suggested
retail price in excess of the applicable limitation.
``(B) Applicable limitation.--For purposes of subparagraph
(A), the applicable limitation for each vehicle
classification is as follows:
``(i) Vans.--In the case of a van, $80,000.
``(ii) Sport utility vehicles.--In the case of a sport
utility vehicle, $80,000.
``(iii) Pickup trucks.--In the case of a pickup truck,
$80,000.
``(iv) Other.--In the case of any other vehicle, $55,000.
``(C) Regulations and guidance.--For purposes of this
paragraph, the Secretary shall prescribe such regulations or
other guidance as the Secretary determines necessary for
determining vehicle classifications using criteria similar to
that employed by the Environmental Protection Agency and the
Department of the Energy to determine size and class of
vehicles.''.
(g) Transfer of Credit.--
(1) In general.--Section 30D is amended by striking
subsection (g) and inserting the following:
``(g) Transfer of Credit.--
``(1) In general.--Subject to such regulations or other
guidance as the Secretary determines necessary, if the
taxpayer who acquires a new clean vehicle elects the
application of this subsection with respect to such vehicle,
the credit which would (but for this subsection) be allowed
to such taxpayer with respect to such vehicle shall be
allowed to the eligible entity specified in such election
(and not to such taxpayer).
``(2) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means, with respect to the vehicle
for which the credit is allowed under subsection (a), the
dealer which sold such vehicle to the taxpayer and has--
``(A) subject to paragraph (4), registered with the
Secretary for purposes of this paragraph, at such time, and
in such form and manner, as the Secretary may prescribe,
``(B) prior to the election described in paragraph (1) and
not later than at the time of such sale, disclosed to the
taxpayer purchasing such vehicle--
``(i) the manufacturer's suggested retail price,
``(ii) the value of the credit allowed and any other
incentive available for the purchase of such vehicle, and
``(iii) the amount provided by the dealer to such taxpayer
as a condition of the election described in paragraph (1),
``(C) not later than at the time of such sale, made payment
to such taxpayer (whether in cash or in the form of a partial
payment or down payment for the purchase of such vehicle) in
an amount equal to the credit otherwise allowable to such
taxpayer, and
``(D) with respect to any incentive otherwise available for
the purchase of a vehicle for which a credit is allowed under
this section, including any incentive in the form of a rebate
or discount provided by the dealer or manufacturer, ensured
that--
``(i) the availability or use of such incentive shall not
limit the ability of a taxpayer to make an election described
in paragraph (1), and
``(ii) such election shall not limit the value or use of
such incentive.
``(3) Timing.--An election described in paragraph (1) shall
be made by the taxpayer not later than the date on which the
vehicle for which the credit is allowed under subsection (a)
is purchased.
``(4) Revocation of registration.--Upon determination by
the Secretary that a dealer has failed to comply with the
requirements described in paragraph (2), the Secretary may
revoke the registration (as described in subparagraph (A) of
such paragraph) of such dealer.
``(5) Tax treatment of payments.--With respect to any
payment described in paragraph (2)(C), such payment--
``(A) shall not be includible in the gross income of the
taxpayer, and
``(B) with respect to the dealer, shall not be deductible
under this title.
[[Page S4266]]
``(6) Application of certain other requirements.--In the
case of any election under paragraph (1) with respect to any
vehicle--
``(A) the requirements of paragraphs (1) and (2) of
subsection (f) shall apply to the taxpayer who acquired the
vehicle in the same manner as if the credit determined under
this section with respect to such vehicle were allowed to
such taxpayer,
``(B) paragraph (6) of such subsection shall not apply, and
``(C) the requirement of paragraph (9) of such subsection
(f) shall be treated as satisfied if the eligible entity
provides the vehicle identification number of such vehicle to
the Secretary in such manner as the Secretary may provide.
``(7) Advance payment to registered dealers.--
``(A) In general.--The Secretary shall establish a program
to make advance payments to any eligible entity in an amount
equal to the cumulative amount of the credits allowed under
subsection (a) with respect to any vehicles sold by such
entity for which an election described in paragraph (1) has
been made.
``(B) Excessive payments.--Rules similar to the rules of
section 6417(d)(6) shall apply for purposes of this
paragraph.
``(C) Treatment of advance payments.--For purposes of
section 1324 of title 31, United States Code, the payments
under subparagraph (A) shall be treated in the same manner as
a refund due from a credit provision referred to in
subsection (b)(2) of such section.
``(8) Dealer.--For purposes of this subsection, the term
`dealer' means a person licensed by a State, the District of
Columbia, the Commonwealth of Puerto Rico, any other
territory or possession of the United States, an Indian
tribal government, or any Alaska Native Corporation (as
defined in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(m)) to engage in the sale of vehicles.
``(9) Indian tribal government.--For purposes of this
subsection, the term `Indian tribal government' means the
recognized governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community, component
band, or component reservation, individually identified
(including parenthetically) in the list published most
recently as of the date of enactment of this subsection
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
``(10) Recapture.--In the case of any taxpayer who has made
an election described in paragraph (1) with respect to a new
clean vehicle and received a payment described in paragraph
(2)(C) from an eligible entity, if the credit under
subsection (a) would otherwise (but for this subsection) not
be allowable to such taxpayer pursuant to the application of
subsection (f)(10), the tax imposed on such taxpayer under
this chapter for the taxable year in which such vehicle was
placed in service shall be increased by the amount of the
payment received by such taxpayer.''.
(2) Conforming amendments.--Section 30D, as amended by the
preceding provisions of this section, is amended--
(A) in subsection (d)(1)(H) of such section--
(i) in clause (iv), by striking ``and'' at the end,
(ii) in clause (v), by striking the period at the end and
inserting ``, and'', and
(iii) by adding at the end the following:
``(vi) in the case of a taxpayer who makes an election
under subsection (g)(1), any amount described in subsection
(g)(2)(C) which has been provided to such taxpayer.'', and
(B) in subsection (f)--
(i) by striking paragraph (3), and
(ii) in paragraph (8), by inserting ``, including any
vehicle with respect to which the taxpayer elects the
application of subsection (g)'' before the period at the end.
(h) Termination.--Section 30D is amended by adding at the
end the following:
``(h) Termination.--No credit shall be allowed under this
section with respect to any vehicle placed in service after
December 31, 2032.''.
(i) Additional Conforming Amendments.--
(1) The heading of section 30D is amended by striking ``new
qualified plug-in electric drive motor vehicles'' and
inserting ``clean vehicle credit''.
(2) Section 30B is amended--
(A) in subsection (h)(8), by striking ``, except that no
benefit shall be recaptured if such property ceases to be
eligible for such credit by reason of conversion to a
qualified plug-in electric drive motor vehicle'', and
(B) by striking subsection (i).
(3) Section 38(b)(30) is amended by striking ``qualified
plug-in electric drive motor'' and inserting ``clean''.
(4) Section 6213(g)(2), as amended by the preceding
provisions of this Act, is amended--
(A) in subparagraph (R), by striking ``and'' at the end,
(B) in subparagraph (S), by striking the period at the end
and inserting ``, and'', and
(C) by inserting after subparagraph (S) the following:
``(T) an omission of a correct vehicle identification
number required under section 30D(f)(9) (relating to credit
for new clean vehicles) to be included on a return.''.
(5) Section 6501(m) is amended by striking ``30D(e)(4)''
and inserting ``30D(f)(6)''.
(6) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 30D and inserting after the item relating
to section 30C the following item:
``Sec. 30D. Clean vehicle credit.''.
(j) Gross-up of Direct Spending.--Beginning in fiscal year
2023 and each fiscal year thereafter, the portion of any
credit allowed to an eligible entity (as defined in section
30D(g)(2) of the Internal Revenue Code of 1986) pursuant to
an election made under section 30D(g) of the Internal Revenue
Code of 1986 that is direct spending shall be increased by
6.0445 percent.
(k) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2), (3),
(4), and (5), the amendments made by this section shall apply
to vehicles placed in service after December 31, 2022.
(2) Final assembly.--The amendments made by subsection (b)
shall apply to vehicles sold after the date of enactment of
this Act.
(3) Per vehicle dollar limitation and related
requirements.--The amendments made by subsections (a) and (e)
shall apply to vehicles placed in service after the date on
which the proposed guidance described in paragraph (3)(B) of
section 30D(e) of the Internal Revenue Code of 1986 (as added
by subsection (e)) is issued by the Secretary of the Treasury
(or the Secretary's delegate).
(4) Transfer of credit.--The amendments made by subsection
(g) shall apply to vehicles placed in service after December
31, 2023.
(5) Elimination of manufacturer limitation.--The amendment
made by subsection (d) shall apply to vehicles sold after
December 31, 2022.
(l) Transition Rule.--Solely for purposes of the
application of section 30D of the Internal Revenue Code of
1986, in the case of a taxpayer that--
(1) after December 31, 2021, and before the date of
enactment of this Act, purchased, or entered into a written
binding contract to purchase, a new qualified plug-in
electric drive motor vehicle (as defined in section 30D(d)(1)
of the Internal Revenue Code of 1986, as in effect on the day
before the date of enactment of this Act), and
(2) placed such vehicle in service on or after the date of
enactment of this Act,
such taxpayer may elect (at such time, and in such form and
manner, as the Secretary of the Treasury, or the Secretary's
delegate, may prescribe) to treat such vehicle as having been
placed in service on the day before the date of enactment of
this Act.
SEC. 13402. CREDIT FOR PREVIOUSLY-OWNED CLEAN VEHICLES.
(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 is amended by inserting after section 25D the
following new section:
``SEC. 25E. PREVIOUSLY-OWNED CLEAN VEHICLES.
``(a) Allowance of Credit.--In the case of a qualified
buyer who during a taxable year places in service a
previously-owned clean vehicle, there shall be allowed as a
credit against the tax imposed by this chapter for the
taxable year an amount equal to the lesser of--
``(1) $4,000, or
``(2) the amount equal to 30 percent of the sale price with
respect to such vehicle.
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--No credit shall be allowed under
subsection (a) for any taxable year if--
``(A) the lesser of--
``(i) the modified adjusted gross income of the taxpayer
for such taxable year, or
``(ii) the modified adjusted gross income of the taxpayer
for the preceding taxable year, exceeds
``(B) the threshold amount.
``(2) Threshold amount.--For purposes of paragraph (1)(B),
the threshold amount shall be--
``(A) in the case of a joint return or a surviving spouse
(as defined in section 2(a)), $150,000,
``(B) in the case of a head of household (as defined in
section 2(b)), $112,500, and
``(C) in the case of a taxpayer not described in
subparagraph (A) or (B), $75,000.
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means
adjusted gross income increased by any amount excluded from
gross income under section 911, 931, or 933.
``(c) Definitions.--For purposes of this section--
``(1) Previously-owned clean vehicle.--The term
`previously-owned clean vehicle' means, with respect to a
taxpayer, a motor vehicle--
``(A) the model year of which is at least 2 years earlier
than the calendar year in which the taxpayer acquires such
vehicle,
``(B) the original use of which commences with a person
other than the taxpayer,
``(C) which is acquired by the taxpayer in a qualified
sale, and
``(D) which--
``(i) meets the requirements of subparagraphs (C), (D),
(E), (F), and (H) (except for clause (iv) thereof) of section
30D(d)(1), or
``(ii) is a motor vehicle which--
``(I) satisfies the requirements under subparagraphs (A)
and (B) of section 30B(b)(3), and
``(II) has a gross vehicle weight rating of less than
14,000 pounds.
``(2) Qualified sale.--The term `qualified sale' means a
sale of a motor vehicle--
[[Page S4267]]
``(A) by a dealer (as defined in section 30D(g)(8)),
``(B) for a sale price which does not exceed $25,000, and
``(C) which is the first transfer since the date of the
enactment of this section to a qualified buyer other than the
person with whom the original use of such vehicle commenced.
``(3) Qualified buyer.--The term `qualified buyer' means,
with respect to a sale of a motor vehicle, a taxpayer--
``(A) who is an individual,
``(B) who purchases such vehicle for use and not for
resale,
``(C) with respect to whom no deduction is allowable with
respect to another taxpayer under section 151, and
``(D) who has not been allowed a credit under this section
for any sale during the 3-year period ending on the date of
the sale of such vehicle.
``(4) Motor vehicle; capacity.--The terms `motor vehicle'
and `capacity' have the meaning given such terms in
paragraphs (2) and (4) of section 30D(d), respectively.
``(d) VIN Number Requirement.--No credit shall be allowed
under subsection (a) with respect to any vehicle unless the
taxpayer includes the vehicle identification number of such
vehicle on the return of tax for the taxable year.
``(e) Application of Certain Rules.--For purposes of this
section, rules similar to the rules of section 30D(f)
(without regard to paragraph (10) or (11) thereof) shall
apply for purposes of this section.
``(f) Termination.--No credit shall be allowed under this
section with respect to any vehicle acquired after December
31, 2032.''.
(b) Transfer of Credit.--Section 25E, as added by
subsection (a), is amended--
(1) by redesignating subsection (f) as subsection (g), and
(2) by inserting after subsection (e) the following:
``(f) Transfer of Credit.--Rules similar to the rules of
section 30D(g) shall apply.''.
(c) Conforming Amendments.--Section 6213(g)(2), as amended
by the preceding provisions of this Act, is amended--
(1) in subparagraph (S), by striking ``and'' at the end,
(2) in subparagraph (T), by striking the period at the end
and inserting ``, and'', and
(3) by inserting after subparagraph (T) the following:
``(U) an omission of a correct vehicle identification
number required under section 25E(d) (relating to credit for
previously-owned clean vehicles) to be included on a
return.''.
(d) Clerical Amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 is amended by
inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Previously-owned clean vehicles.''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to vehicles
acquired after December 31, 2022.
(2) Transfer of credit.--The amendments made by subsection
(b) shall apply to vehicles acquired after December 31, 2023.
SEC. 13403. QUALIFIED COMMERCIAL CLEAN VEHICLES.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is amended by adding at the end the following new
section:
``SEC. 45W. CREDIT FOR QUALIFIED COMMERCIAL CLEAN VEHICLES.
``(a) In General.--For purposes of section 38, the
qualified commercial clean vehicle credit for any taxable
year is an amount equal to the sum of the credit amounts
determined under subsection (b) with respect to each
qualified commercial clean vehicle placed in service by the
taxpayer during the taxable year.
``(b) Per Vehicle Amount.--
``(1) In general.--Subject to paragraph (4), the amount
determined under this subsection with respect to any
qualified commercial clean vehicle shall be equal to the
lesser of--
``(A) 15 percent of the basis of such vehicle (30 percent
in the case of a vehicle not powered by a gasoline or diesel
internal combustion engine), or
``(B) the incremental cost of such vehicle.
``(2) Incremental cost.--For purposes of paragraph (1)(B),
the incremental cost of any qualified commercial clean
vehicle is an amount equal to the excess of the purchase
price for such vehicle over such price of a comparable
vehicle.
``(3) Comparable vehicle.--For purposes of this subsection,
the term `comparable vehicle' means, with respect to any
qualified commercial clean vehicle, any vehicle which is
powered solely by a gasoline or diesel internal combustion
engine and which is comparable in size and use to such
vehicle.
``(4) Limitation.--The amount determined under this
subsection with respect to any qualified commercial clean
vehicle shall not exceed--
``(A) in the case of a vehicle which has a gross vehicle
weight rating of less than 14,000 pounds, $7,500, and
``(B) in the case of a vehicle not described in
subparagraph (A), $40,000.
``(c) Qualified Commercial Clean Vehicle.--For purposes of
this section, the term `qualified commercial clean vehicle'
means any vehicle which--
``(1) meets the requirements of section 30D(d)(1)(C) and is
acquired for use or lease by the taxpayer and not for resale,
``(2) either--
``(A) meets the requirements of subparagraph (D) of section
30D(d)(1) and is manufactured primarily for use on public
streets, roads, and highways (not including a vehicle
operated exclusively on a rail or rails), or
``(B) is mobile machinery, as defined in section 4053(8)
(including vehicles that are not designed to perform a
function of transporting a load over the public highways),
``(3) either--
``(A) is propelled to a significant extent by an electric
motor which draws electricity from a battery which has a
capacity of not less than 15 kilowatt hours (or, in the case
of a vehicle which has a gross vehicle weight rating of less
than 14,000 pounds, 7 kilowatt hours) and is capable of being
recharged from an external source of electricity, or
``(B) is a motor vehicle which satisfies the requirements
under subparagraphs (A) and (B) of section 30B(b)(3), and
``(4) is of a character subject to the allowance for
depreciation.
``(d) Special Rules.--
``(1) In general.--Rules similar to the rules under
subsection (f) of section 30D (without regard to paragraph
(10) or (11) thereof) shall apply for purposes of this
section.
``(2) Vehicles placed in service by tax-exempt entities.--
Subsection (c)(4) shall not apply to any vehicle which is not
subject to a lease and which is placed in service by a tax-
exempt entity described in clause (i), (ii), or (iv) of
section 168(h)(2)(A).
``(3) No double benefit.--No credit shall be allowed under
this section with respect to any vehicle for which a credit
was allowed under section 30D.
``(e) VIN Number Requirement.--No credit shall be
determined under subsection (a) with respect to any vehicle
unless the taxpayer includes the vehicle identification
number of such vehicle on the return of tax for the taxable
year.
``(f) Regulations and Guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary to carry out the purposes of this
section, including regulations or other guidance relating to
determination of the incremental cost of any qualified
commercial clean vehicle.
``(g) Termination.--No credit shall be determined under
this section with respect to any vehicle acquired after
December 31, 2032.''.
(b) Conforming Amendments.--
(1) Section 38(b), as amended by the preceding provisions
of this Act, is amended--
(A) in paragraph (35), by striking ``plus'' at the end,
(B) in paragraph (36), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(37) the qualified commercial clean vehicle credit
determined under section 45W.''.
(2) Section 6213(g)(2), as amended by the preceding
provisions of this Act, is amended--
(A) in subparagraph (T), by striking ``and'' at the end,
(B) in subparagraph (U), by striking the period at the end
and inserting ``, and'', and
(C) by inserting after subparagraph (U) the following:
``(V) an omission of a correct vehicle identification
number required under section 45W(e) (relating to commercial
clean vehicle credit) to be included on a return.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new item:
``Sec. 45W. Qualified commercial clean vehicle credit.''.
(c) Effective Date.--The amendments made by this section
shall apply to vehicles acquired after December 31, 2022.
SEC. 13404. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(g) is amended by striking
``December 31, 2021'' and inserting ``December 31, 2032''.
(b) Credit for Property of a Character Subject to
Depreciation.--
(1) In general.--Section 30C(a) is amended by inserting
``(6 percent in the case of property of a character subject
to depreciation)'' after ``30 percent''.
(2) Modification of credit limitation.--Subsection (b) of
section 30C is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``with respect to all'' and inserting
``with respect to any single item of'', and
(ii) by striking ``at a location'', and
(B) in paragraph (1), by striking ``$30,000 in the case of
a property'' and inserting ``$100,000 in the case of any such
item of property''.
(3) Bidirectional charging equipment included as qualified
alternative fuel vehicle refueling property.--Section 30C(c)
is amended to read as follows:
``(c) Qualified Alternative Fuel Vehicle Refueling
Property.--For purposes of this section--
``(1) In general.--The term `qualified alternative fuel
vehicle refueling property' has the same meaning as the term
`qualified clean-fuel vehicle refueling property' would have
under section 179A if--
``(A) paragraph (1) of section 179A(d) did not apply to
property installed on property which is used as the principal
residence
[[Page S4268]]
(within the meaning of section 121) of the taxpayer, and
``(B) only the following were treated as clean-burning
fuels for purposes of section 179A(d):
``(i) Any fuel at least 85 percent of the volume of which
consists of one or more of the following: ethanol, natural
gas, compressed natural gas, liquified natural gas, liquefied
petroleum gas, or hydrogen.
``(ii) Any mixture--
``(I) which consists of two or more of the following:
biodiesel (as defined in section 40A(d)(1)), diesel fuel (as
defined in section 4083(a)(3)), or kerosene, and
``(II) at least 20 percent of the volume of which consists
of biodiesel (as so defined) determined without regard to any
kerosene in such mixture.
``(iii) Electricity.
``(2) Bidirectional charging equipment.--Property shall not
fail to be treated as qualified alternative fuel vehicle
refueling property solely because such property--
``(A) is capable of charging the battery of a motor vehicle
propelled by electricity, and
``(B) allows discharging electricity from such battery to
an electric load external to such motor vehicle.''.
(c) Certain Electric Charging Stations Included as
Qualified Alternative Fuel Vehicle Refueling Property.--
Section 30C is amended by redesignating subsections (f) and
(g) as subsections (g) and (h), respectively, and by
inserting after subsection (e) the following:
``(f) Special Rule for Electric Charging Stations for
Certain Vehicles With 2 or 3 Wheels.--For purposes of this
section--
``(1) In general.--The term `qualified alternative fuel
vehicle refueling property' includes any property described
in subsection (c) for the recharging of a motor vehicle
described in paragraph (2), but only if such property--
``(A) meets the requirements of subsection (a)(2), and
``(B) is of a character subject to depreciation.
``(2) Motor vehicle.--A motor vehicle is described in this
paragraph if the motor vehicle--
``(A) is manufactured primarily for use on public streets,
roads, or highways (not including a vehicle operated
exclusively on a rail or rails),
``(B) has 2 or 3 wheels, and
``(C) is propelled by electricity.''.
(d) Wage and Apprenticeship Requirements.--Section 30C, as
amended by this section, is further amended by redesignating
subsections (g) and (h) as subsections (h) and (i) and by
inserting after subsection (f) the following new subsection:
``(g) Wage and Apprenticeship Requirements.--
``(1) Increased credit amount.--
``(A) In general.--In the case of any qualified alternative
fuel vehicle refueling project which satisfies the
requirements of subparagraph (C), the amount of the credit
determined under subsection (a) for any qualified alternative
fuel vehicle refueling property of a character subject to an
allowance for depreciation which is part of such project
shall be equal to such amount (determined without regard to
this sentence) multiplied by 5.
``(B) Qualified alternative fuel vehicle refueling
project.--For purposes of this subsection, the term
`qualified alternative fuel vehicle refueling project' means
a project consisting of one or more properties that are part
of a single project.
``(C) Project requirements.--A project meets the
requirements of this subparagraph if it is one of the
following:
``(i) A project the construction of which begins prior to
the date that is 60 days after the Secretary publishes
guidance with respect to the requirements of paragraphs
(2)(A) and (3).
``(ii) A project which satisfies the requirements of
paragraphs (2)(A) and (3).
``(2) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified alternative fuel
vehicle refueling project are that the taxpayer shall ensure
that any laborers and mechanics employed by the taxpayer or
any contractor or subcontractor in the construction of any
qualified alternative fuel vehicle refueling property which
is part of such project shall be paid wages at rates not less
than the prevailing rates for construction, alteration, or
repair of a similar character in the locality in which such
project is located as most recently determined by the
Secretary of Labor, in accordance with subchapter IV of
chapter 31 of title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(3) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(4) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary to carry out the purposes of this
subsection, including regulations or other guidance which
provides for requirements for recordkeeping or information
reporting for purposes of administering the requirements of
this subsection.''.
(e) Eligible Census Tracts.--Subsection (c) of section 30C,
as amended by subsection (b)(3), is amended by adding at the
end the following:
``(3) Property required to be located in eligible census
tracts.--
``(A) In general.--Property shall not be treated as
qualified alternative fuel vehicle refueling property unless
such property is placed in service in an eligible census
tract.
``(B) Eligible census tract.--
``(i) In general.--For purposes of this paragraph, the term
`eligible census tract' means any population census tract
which--
``(I) is described in section 45D(e), or
``(II) is not an urban area.
``(ii) Urban area.--For purposes of clause (i)(II), the
term `urban area' means a census tract (as defined by the
Bureau of the Census) which, according to the most recent
decennial census, has been designated as an urban area by the
Secretary of Commerce.''.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property
placed in service after December 31, 2022.
(2) Extension.--The amendments made by subsection (a) shall
apply to property placed in service after December 31, 2021.
PART 5--INVESTMENT IN CLEAN ENERGY MANUFACTURING AND ENERGY SECURITY
SEC. 13501. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.
(a) Extension of Credit.--Section 48C is amended by
redesignating subsection (e) as subsection (f) and by
inserting after subsection (d) the following new subsection:
``(e) Additional Allocations.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall
establish a program to consider and award certifications for
qualified investments eligible for credits under this section
to qualifying advanced energy project sponsors.
``(2) Limitation.--The total amount of credits which may be
allocated under the program established under paragraph (1)
shall not exceed $10,000,000,000, of which not greater than
$6,000,000,000 may be allocated to qualified investments
which are not located within a census tract which--
``(A) is described in clause (iii) of section 45(b)(11)(B),
and
``(B) prior to the date of enactment of this subsection,
had no project which received a certification and allocation
of credits under subsection (d).
``(3) Certifications.--
``(A) Application requirement.--Each applicant for
certification under this subsection shall submit an
application at such time and containing such information as
the Secretary may require.
``(B) Time to meet criteria for certification.--Each
applicant for certification shall have 2 years from the date
of acceptance by the Secretary of the application during
which to provide to the Secretary evidence that the
requirements of the certification have been met.
``(C) Period of issuance.--An applicant which receives a
certification shall have 2 years from the date of issuance of
the certification in order to place the project in service
and to notify the Secretary that such project has been so
placed in service, and if such project is not placed in
service by that time period, then the certification shall no
longer be valid. If any certification is revoked under this
subparagraph, the amount of the limitation under paragraph
(2) shall be increased by the amount of the credit with
respect to such revoked certification.
``(D) Location of project.--In the case of an applicant
which receives a certification, if the Secretary determines
that the project has been placed in service at a location
which is materially different than the location specified in
the application for such project, the certification shall no
longer be valid.
``(4) Credit rate conditioned upon wage and apprenticeship
requirements.--
``(A) Base rate.--For purposes of allocations under this
subsection, the amount of the credit determined under
subsection (a) shall be determined by substituting `6
percent' for `30 percent'.
``(B) Alternative rate.--In the case of any project which
satisfies the requirements of paragraphs (5)(A) and (6),
subparagraph (A) shall not apply.
``(5) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to a project are that the taxpayer
shall ensure that any laborers and mechanics employed by the
taxpayer or any contractor or subcontractor in the re-
equipping, expansion, or establishment of a manufacturing
facility shall be paid wages at rates not less than the
prevailing rates for construction, alteration, or repair of a
similar character in the locality in which such project is
located as most recently determined by the Secretary of
Labor, in accordance with subchapter IV of chapter 31 of
title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(6) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(7) Disclosure of allocations.--The Secretary shall, upon
making a certification under this subsection, publicly
disclose the identity of the applicant and the amount of the
credit with respect to such applicant.''.
(b) Modification of Qualifying Advanced Energy Projects.--
Section 48C(c)(1)(A) is amended--
(1) by inserting ``, any portion of the qualified
investment of which is certified by the
[[Page S4269]]
Secretary under subsection (e) as eligible for a credit under
this section'' after ``means a project'',
(2) in clause (i)--
(A) by striking ``a manufacturing facility for the
production of'' and inserting ``an industrial or
manufacturing facility for the production or recycling of'',
(B) in clause (I), by inserting ``water,'' after ``sun,'',
(C) in clause (II), by striking ``an energy storage system
for use with electric or hybrid-electric motor vehicles'' and
inserting ``energy storage systems and components'',
(D) in clause (III), by striking ``grids to support the
transmission of intermittent sources of renewable energy,
including storage of such energy'' and inserting ``grid
modernization equipment or components'',
(E) in subclause (IV), by striking ``and sequester carbon
dioxide emissions'' and inserting ``, remove, use, or
sequester carbon oxide emissions'',
(F) by striking subclause (V) and inserting the following:
``(V) equipment designed to refine, electrolyze, or blend
any fuel, chemical, or product which is--
``(aa) renewable, or
``(bb) low-carbon and low-emission,'',
(G) by striking subclause (VI),
(H) by redesignating subclause (VII) as subclause (IX),
(I) by inserting after subclause (V) the following new
subclauses:
``(VI) property designed to produce energy conservation
technologies (including residential, commercial, and
industrial applications),
``(VII) light-, medium-, or heavy-duty electric or fuel
cell vehicles, as well as--
``(aa) technologies, components, or materials for such
vehicles, and
``(bb) associated charging or refueling infrastructure,
``(VIII) hybrid vehicles with a gross vehicle weight rating
of not less than 14,000 pounds, as well as technologies,
components, or materials for such vehicles, or'', and
(J) in subclause (IX), as so redesignated, by striking
``and'' at the end, and
(3) by striking clause (ii) and inserting the following:
``(ii) which re-equips an industrial or manufacturing
facility with equipment designed to reduce greenhouse gas
emissions by at least 20 percent through the installation
of--
``(I) low- or zero-carbon process heat systems,
``(II) carbon capture, transport, utilization and storage
systems,
``(III) energy efficiency and reduction in waste from
industrial processes, or
``(IV) any other industrial technology designed to reduce
greenhouse gas emissions, as determined by the Secretary, or
``(iii) which re-equips, expands, or establishes an
industrial facility for the processing, refining, or
recycling of critical materials (as defined in section
7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).''.
(c) Conforming Amendment.--Subparagraph (A) of section
48C(c)(2) is amended to read as follows:
``(A) which is necessary for--
``(i) the production or recycling of property described in
clause (i) of paragraph (1)(A),
``(ii) re-equipping an industrial or manufacturing facility
described in clause (ii) of such paragraph, or
``(iii) re-equipping, expanding, or establishing an
industrial facility described in clause (iii) of such
paragraph,''.
(d) Denial of Double Benefit.--48C(f), as redesignated by
this section, is amended by striking ``or 48B'' and inserting
``48B, 48E, 45Q, or 45V''.
(e) Effective Date.--The amendments made by this section
shall take effect on January 1, 2023.
SEC. 13502. ADVANCED MANUFACTURING PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is amended by adding at the end the following new
section:
``SEC. 45X. ADVANCED MANUFACTURING PRODUCTION CREDIT.
``(a) In General.--
``(1) Allowance of credit.--For purposes of section 38, the
advanced manufacturing production credit for any taxable year
is an amount equal to the sum of the credit amounts
determined under subsection (b) with respect to each eligible
component which is--
``(A) produced by the taxpayer, and
``(B) during the taxable year, sold by such taxpayer to an
unrelated person.
``(2) Production and sale must be in trade or business.--
Any eligible component produced and sold by the taxpayer
shall be taken into account only if the production and sale
described in paragraph (1) is in a trade or business of the
taxpayer.
``(3) Unrelated person.--
``(A) In general.--For purposes of this subsection, a
taxpayer shall be treated as selling components to an
unrelated person if such component is sold to such person by
a person related to the taxpayer.
``(B) Election.--
``(i) In general.--At the election of the taxpayer (in such
form and manner as the Secretary may prescribe), a sale of
components by such taxpayer to a related person shall be
deemed to have been made to an unrelated person.
``(ii) Requirement.--As a condition of, and prior to, any
election described in clause (i), the Secretary may require
such information or registration as the Secretary deems
necessary for purposes of preventing duplication, fraud, or
any improper or excessive amount determined under paragraph
(1).
``(b) Credit Amount.--
``(1) In general.--Subject to paragraph (3), the amount
determined under this subsection with respect to any eligible
component, including any eligible component it incorporates,
shall be equal to--
``(A) in the case of a thin film photovoltaic cell or a
crystalline photovoltaic cell, an amount equal to the product
of--
``(i) 4 cents, multiplied by
``(ii) the capacity of such cell (expressed on a per direct
current watt basis),
``(B) in the case of a photovoltaic wafer, $12 per square
meter,
``(C) in the case of solar grade polysilicon, $3 per
kilogram,
``(D) in the case of a polymeric backsheet, 40 cents per
square meter,
``(E) in the case of a solar module, an amount equal to the
product of--
``(i) 7 cents, multiplied by
``(ii) the capacity of such module (expressed on a per
direct current watt basis),
``(F) in the case of a wind energy component--
``(i) if such component is a related offshore wind vessel,
an amount equal to 10 percent of the sales price of such
vessel, and
``(ii) if such component is not described in clause (i), an
amount equal to the product of--
``(I) the applicable amount with respect to such component
(as determined under paragraph (2)(A)), multiplied by
``(II) the total rated capacity (expressed on a per watt
basis) of the completed wind turbine for which such component
is designed,
``(G) in the case of a torque tube, 87 cents per kilogram,
``(H) in the case of a structural fastener, $2.28 per
kilogram,
``(I) in the case of an inverter, an amount equal to the
product of--
``(i) the applicable amount with respect to such inverter
(as determined under paragraph (2)(B)), multiplied by
``(ii) the capacity of such inverter (expressed on a per
alternating current watt basis),
``(J) in the case of electrode active materials, an amount
equal to 10 percent of the costs incurred by the taxpayer
with respect to production of such materials,
``(K) in the case of a battery cell, an amount equal to the
product of--
``(i) $35, multiplied by
``(ii) subject to paragraph (4), the capacity of such
battery cell (expressed on a kilowatt-hour basis),
``(L) in the case of a battery module, an amount equal to
the product of--
``(i) $10 (or, in the case of a battery module which does
not use battery cells, $45), multiplied by
``(ii) subject to paragraph (4), the capacity of such
battery module (expressed on a kilowatt-hour basis), and
``(M) in the case of any applicable critical mineral, an
amount equal to 10 percent of the costs incurred by the
taxpayer with respect to production of such mineral.
``(2) Applicable amounts.--
``(A) Wind energy components.--For purposes of paragraph
(1)(F)(ii), the applicable amount with respect to any wind
energy component shall be--
``(i) in the case of a blade, 2 cents,
``(ii) in the case of a nacelle, 5 cents,
``(iii) in the case of a tower, 3 cents, and
``(iv) in the case of an offshore wind foundation--
``(I) which uses a fixed platform, 2 cents, or
``(II) which uses a floating platform, 4 cents.
``(B) Inverters.--For purposes of paragraph (1)(I), the
applicable amount with respect to any inverter shall be--
``(i) in the case of a central inverter, 0.25 cents,
``(ii) in the case of a utility inverter, 1.5 cents,
``(iii) in the case of a commercial inverter, 2 cents,
``(iv) in the case of a residential inverter, 6.5 cents,
and
``(v) in the case of a microinverter or a distributed wind
inverter, 11 cents.
``(3) Phase out.--
``(A) In general.--Subject to subparagraph (C), in the case
of any eligible component sold after December 31, 2029, the
amount determined under this subsection with respect to such
component shall be equal to the product of--
``(i) the amount determined under paragraph (1) with
respect to such component, as determined without regard to
this paragraph, multiplied by
``(ii) the phase out percentage under subparagraph (B).
``(B) Phase out percentage.--The phase out percentage under
this subparagraph is equal to--
``(i) in the case of an eligible component sold during
calendar year 2030, 75 percent,
``(ii) in the case of an eligible component sold during
calendar year 2031, 50 percent,
``(iii) in the case of an eligible component sold during
calendar year 2032, 25 percent,
``(iv) in the case of an eligible component sold after
December 31, 2032, 0 percent.
``(C) Exception.--For purposes of determining the amount
under this subsection with respect to any applicable critical
mineral, this paragraph shall not apply.
``(4) Limitation on capacity of battery cells and battery
modules.--
[[Page S4270]]
``(A) In general.--For purposes of subparagraph (K)(ii) or
(L)(ii) of paragraph (1), the capacity determined under
either subparagraph with respect to a battery cell or battery
module shall not exceed a capacity-to-power ratio of 100:1.
``(B) Capacity-to-power ratio.--For purposes of this
paragraph, the term `capacity-to-power ratio' means, with
respect to a battery cell or battery module, the ratio of the
capacity of such cell or module to the maximum discharge
amount of such cell or module.
``(c) Definitions.--For purposes of this section--
``(1) Eligible component.--
``(A) In general.--The term `eligible component' means--
``(i) any solar energy component,
``(ii) any wind energy component,
``(iii) any inverter described in subparagraphs (B) through
(G) of paragraph (2),
``(iv) any qualifying battery component, and
``(v) any applicable critical mineral.
``(B) Application with other credits.--The term `eligible
component' shall not include any property which is produced
at a facility if the basis of any property which is part of
such facility is taken into account for purposes of the
credit allowed under section 48C after the date of the
enactment of this section.
``(2) Inverters.--
``(A) In general.--The term `inverter' means an end product
which is suitable to convert direct current electricity from
1 or more solar modules or certified distributed wind energy
systems into alternating current electricity.
``(B) Central inverter.--The term `central inverter' means
an inverter which is suitable for large utility-scale systems
and has a capacity which is greater than 1,000 kilowatts
(expressed on a per alternating current watt basis).
``(C) Commercial inverter.--The term `commercial inverter'
means an inverter which--
``(i) is suitable for commercial or utility-scale
applications,
``(ii) has a rated output of 208, 480, 600, or 800 volt
three-phase power, and
``(iii) has a capacity which is not less than 20 kilowatts
and not greater than 125 kilowatts (expressed on a per
alternating current watt basis).
``(D) Distributed wind inverter.--
``(i) In general.--The term `distributed wind inverter'
means an inverter which--
``(I) is used in a residential or non-residential system
which utilizes 1 or more certified distributed wind energy
systems, and
``(II) has a rated output of not greater than 150
kilowatts.
``(ii) Certified distributed wind energy system.--The term
`certified distributed wind energy system' means a wind
energy system which is certified by an accredited
certification agency to meet Standard 9.1-2009 of the
American Wind Energy Association (including any subsequent
revisions to or modifications of such Standard which have
been approved by the American National Standards Institute).
``(E) Microinverter.--The term `microinverter' means an
inverter which--
``(i) is suitable to connect with one solar module,
``(ii) has a rated output of--
``(I) 120 or 240 volt single-phase power, or
``(II) 208 or 480 volt three-phase power, and
``(iii) has a capacity which is not greater than 650 watts
(expressed on a per alternating current watt basis).
``(F) Residential inverter.--The term `residential
inverter' means an inverter which--
``(i) is suitable for a residence,
``(ii) has a rated output of 120 or 240 volt single-phase
power, and
``(iii) has a capacity which is not greater than 20
kilowatts (expressed on a per alternating current watt
basis).
``(G) Utility inverter.--The term `utility inverter' means
an inverter which--
``(i) is suitable for commercial or utility-scale systems,
``(ii) has a rated output of not less than 600 volt three-
phase power, and
``(iii) has a capacity which is greater than 125 kilowatts
and not greater than 1000 kilowatts (expressed on a per
alternating current watt basis)
``(3) Solar energy component.--
``(A) In general.--The term `solar energy component' means
any of the following:
``(i) Solar modules.
``(ii) Photovoltaic cells.
``(iii) Photovoltaic wafers.
``(iv) Solar grade polysilicon.
``(v) Torque tubes or structural fasteners.
``(vi) Polymeric backsheets.
``(B) Associated definitions.--
``(i) Photovoltaic cell.--The term `photovoltaic cell'
means the smallest semiconductor element of a solar module
which performs the immediate conversion of light into
electricity.
``(ii) Photovoltaic wafer.--The term `photovoltaic wafer'
means a thin slice, sheet, or layer of semiconductor material
of at least 240 square centimeters--
``(I) produced by a single manufacturer either--
``(aa) directly from molten or evaporated solar grade
polysilicon or deposition of solar grade thin film
semiconductor photon absorber layer, or
``(bb) through formation of an ingot from molten
polysilicon and subsequent slicing, and
``(II) which comprises the substrate or absorber layer of
one or more photovoltaic cells.
``(iii) Polymeric backsheet.--The term `polymeric
backsheet' means a sheet on the back of a solar module which
acts as an electric insulator and protects the inner
components of such module from the surrounding environment.
``(iv) Solar grade polysilicon.--The term `solar grade
polysilicon' means silicon which is--
``(I) suitable for use in photovoltaic manufacturing, and
``(II) purified to a minimum purity of 99.999999 percent
silicon by mass.
``(v) Solar module.--The term `solar module' means the
connection and lamination of photovoltaic cells into an
environmentally protected final assembly which is--
``(I) suitable to generate electricity when exposed to
sunlight, and
``(II) ready for installation without an additional
manufacturing process.
``(vi) Solar tracker.--The term `solar tracker' means a
mechanical system that moves solar modules according to the
position of the sun and to increase energy output.
``(vii) Solar tracker components.--
``(I) Torque tube.--The term `torque tube' means a
structural steel support element (including longitudinal
purlins) which--
``(aa) is part of a solar tracker,
``(bb) is of any cross-sectional shape,
``(cc) may be assembled from individually manufactured
segments,
``(dd) spans longitudinally between foundation posts,
``(ee) supports solar panels and is connected to a mounting
attachment for solar panels (with or without separate module
interface rails), and
``(ff) is rotated by means of a drive system.
``(II) Structural fastener.--The term `structural fastener'
means a component which is used--
``(aa) to connect the mechanical and drive system
components of a solar tracker to the foundation of such solar
tracker,
``(bb) to connect torque tubes to drive assemblies, or
``(cc) to connect segments of torque tubes to one another.
``(4) Wind energy component.--
``(A) In general.--The term `wind energy component' means
any of the following:
``(i) Blades.
``(ii) Nacelles.
``(iii) Towers.
``(iv) Offshore wind foundations.
``(v) Related offshore wind vessels.
``(B) Associated definitions.--
``(i) Blade.--The term `blade' means an airfoil-shaped
blade which is responsible for converting wind energy to low-
speed rotational energy.
``(ii) Offshore wind foundation.--The term `offshore wind
foundation' means the component (including transition piece)
which secures an offshore wind tower and any above-water
turbine components to the seafloor using--
``(I) fixed platforms, such as offshore wind monopiles,
jackets, or gravity-based foundations, or
``(II) floating platforms and associated mooring systems.
``(iii) Nacelle.--The term `nacelle' means the assembly of
the drivetrain and other tower-top components of a wind
turbine (with the exception of the blades and the hub) within
their cover housing.
``(iv) Related offshore wind vessel.--The term `related
offshore wind vessel' means any vessel which is purpose-built
or retrofitted for purposes of the development, transport,
installation, operation, or maintenance of offshore wind
energy components.
``(v) Tower.--The term `tower' means a tubular or lattice
structure which supports the nacelle and rotor of a wind
turbine.
``(5) Qualifying battery component.--
``(A) In general.--The term `qualifying battery component'
means any of the following:
``(i) Electrode active materials.
``(ii) Battery cells.
``(iii) Battery modules.
``(B) Associated definitions.--
``(i) Electrode active material.--The term `electrode
active material' means cathode materials, anode materials,
anode foils, and electrochemically active materials,
including solvents, additives, and electrolyte salts that
contribute to the electrochemical processes necessary for
energy storage .
``(ii) Battery cell.--The term `battery cell' means an
electrochemical cell--
``(I) comprised of 1 or more positive electrodes and 1 or
more negative electrodes,
``(II) with an energy density of not less than 100 watt-
hours per liter, and
``(III) capable of storing at least 12 watt-hours of
energy.
``(iii) Battery module.--The term `battery module' means a
module--
``(I)(aa) in the case of a module using battery cells, with
2 or more battery cells which are configured electrically, in
series or parallel, to create voltage or current, as
appropriate, to a specified end use, or
``(bb) with no battery cells, and
``(II) with an aggregate capacity of not less than 7
kilowatt-hours (or, in the case of a module for a hydrogen
fuel cell vehicle, not less than 1 kilowatt-hour).
``(6) Applicable critical minerals.--The term `applicable
critical mineral' means any of the following:
``(A) Aluminum.--Aluminum which is--
[[Page S4271]]
``(i) converted from bauxite to a minimum purity of 99
percent alumina by mass, or
``(ii) purified to a minimum purity of 99.9 percent
aluminum by mass.
``(B) Antimony.--Antimony which is--
``(i) converted to antimony trisulfide concentrate with a
minimum purity of 90 percent antimony trisulfide by mass, or
``(ii) purified to a minimum purity of 99.65 percent
antimony by mass.
``(C) Barite.--Barite which is barium sulfate purified to a
minimum purity of 80 percent barite by mass.
``(D) Beryllium.--Beryllium which is--
``(i) converted to copper-beryllium master alloy, or
``(ii) purified to a minimum purity of 99 percent beryllium
by mass.
``(E) Cerium.--Cerium which is--
``(i) converted to cerium oxide which is purified to a
minimum purity of 99.9 percent cerium oxide by mass, or
``(ii) purified to a minimum purity of 99 percent cerium by
mass.
``(F) Cesium.--Cesium which is--
``(i) converted to cesium formate or cesium carbonate, or
``(ii) purified to a minimum purity of 99 percent cesium by
mass.
``(G) Chromium.--Chromium which is--
``(i) converted to ferrochromium consisting of not less
than 60 percent chromium by mass, or
``(ii) purified to a minimum purity of 99 percent chromium
by mass.
``(H) Cobalt.--Cobalt which is--
``(i) converted to cobalt sulfate, or
``(ii) purified to a minimum purity of 99.6 percent cobalt
by mass.
``(I) Dysprosium.--Dysprosium which is--
``(i) converted to not less than 99 percent pure dysprosium
iron alloy by mass, or
``(ii) purified to a minimum purity of 99 percent
dysprosium by mass.
``(J) Europium.--Europium which is--
``(i) converted to europium oxide which is purified to a
minimum purity of 99.9 percent europium oxide by mass, or
``(ii) purified to a minimum purity of 99 percent by mass.
``(K) Fluorspar.--Fluorspar which is--
``(i) converted to fluorspar which is purified to a minimum
purity of 97 percent calcium fluoride by mass, or
``(ii) purified to a minimum purity of 99 percent fluorspar
by mass.
``(L) Gadolinium.--Gadolinium which is--
``(i) converted to gadolinium oxide which is purified to a
minimum purity of 99.9 percent gadolinium oxide by mass, or
``(ii) purified to a minimum purity of 99 percent
gadolinium by mass.
``(M) Germanium.--Germanium which is--
``(i) converted to germanium tetrachloride, or
``(ii) purified to a minimum purity of 99.99 percent
germanium by mass.
``(N) Graphite.--Graphite which is purified to a minimum
purity of 99.9 percent graphitic carbon by mass.
``(O) Indium.--Indium which is--
``(i) converted to--
``(I) indium tin oxide, or
``(II) indium oxide which is purified to a minimum purity
of 99.9 percent indium oxide by mass, or
``(ii) purified to a minimum purity of 99 percent indium by
mass.
``(P) Lithium.--Lithium which is--
``(i) converted to lithium carbonate or lithium hydroxide,
or
``(ii) purified to a minimum purity of 99.9 percent lithium
by mass.
``(Q) Manganese.--Manganese which is--
``(i) converted to manganese sulphate, or
``(ii) purified to a minimum purity of 99.7 percent
manganese by mass.
``(R) Neodymium.--Neodymium which is--
``(i) converted to neodymium-praseodymium oxide which is
purified to a minimum purity of 99 percent neodymium-
praseodymium oxide by mass,
``(ii) converted to neodymium oxide which is purified to a
minimum purity of 99.5 percent neodymium oxide by mass
``(iii) purified to a minimum purity of 99.9 percent
neodymium by mass.
``(S) Nickel.--Nickel which is--
``(i) converted to nickel sulphate, or
``(ii) purified to a minimum purity of 99 percent nickel by
mass.
``(T) Niobium.--Niobium which is--
``(i) converted to ferronibium, or
``(ii) purified to a minimum purity of 99 percent niobium
by mass.
``(U) Tellurium.--Tellurium which is--
``(i) converted to cadmium telluride, or
``(ii) purified to a minimum purity of 99 percent tellurium
by mass.
``(V) Tin.--Tin which is purified to low alpha emitting tin
which--
``(i) has a purity of greater than 99.99 percent by mass,
and
``(ii) possesses an alpha emission rate of not greater than
0.01 counts per hour per centimeter square.
``(W) Tungsten.--Tungsten which is converted to ammonium
paratungstate or ferrotungsten.
``(X) Vanadium.--Vanadium which is converted to
ferrovanadium or vanadium pentoxide.
``(Y) Yttrium.--Yttrium which is--
``(i) converted to yttrium oxide which is purified to a
minimum purity of 99.999 percent yttrium oxide by mass, or
``(ii) purified to a minimum purity of 99.9 percent yttrium
by mass.
``(Z) Other minerals.--Any of the following minerals,
provided that such mineral is purified to a minimum purity of
99 percent by mass:
``(i) Arsenic.
``(ii) Bismuth.
``(iii) Erbium.
``(iv) Gallium.
``(v) Hafnium.
``(vi) Holmium.
``(vii) Iridium.
``(viii) Lanthanum.
``(ix) Lutetium.
``(x) Magnesium.
``(xi) Palladium.
``(xii) Platinum.
``(xiii) Praseodymium.
``(xiv) Rhodium.
``(xv) Rubidium.
``(xvi) Ruthenium.
``(xvii) Samarium.
``(xviii) Scandium.
``(xix) Tantalum.
``(xx) Terbium.
``(xxi) Thulium.
``(xxii) Titanium.
``(xxiii) Ytterbium.
``(xxiv) Zinc.
``(xxv) Zirconium.
``(d) Special Rules.--In this section--
``(1) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section
52(b).
``(2) Only production in the united states taken into
account.--Sales shall be taken into account under this
section only with respect to eligible components the
production of which is within--
``(A) the United States (within the meaning of section
638(1)), or
``(B) a possession of the United States (within the meaning
of section 638(2)).
``(3) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(4) Sale of integrated components.--For purposes of this
section, a person shall be treated as having sold an eligible
component to an unrelated person if such component is
integrated, incorporated, or assembled into another eligible
component which is sold to an unrelated person.''.
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986, as
amended by the preceding provisions of this Act, is amended--
(A) in paragraph (36), by striking ``plus'' at the end,
(B) in paragraph (37), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(38) the advanced manufacturing production credit
determined under section 45X(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new item:
``Sec. 45X. Advanced manufacturing production credit.''.
(c) Effective Date.--The amendments made by this section
shall apply to components produced and sold after December
31, 2022.
PART 6--SUPERFUND
SEC. 13601. REINSTATEMENT OF SUPERFUND.
(a) Hazardous Substance Superfund Financing Rate.--
(1) Extension.--Section 4611 is amended by striking
subsection (e).
(2) Adjustment for inflation.--
(A) Section 4611(c)(2)(A) is amended by striking ``9.7
cents'' and inserting ``16.4 cents''.
(B) Section 4611(c) is amended by adding at the end the
following:
``(3) Adjustment for inflation.--
``(A) In general.--In the case of a year beginning after
2023, the amount in paragraph (2)(A) shall be increased by an
amount equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $0.01, such amount
shall be rounded to the next lowest multiple of $0.01.''.
(b) Authority for Advances.--Section 9507(d)(3)(B) is
amended by striking ``December 31, 1995'' and inserting
``December 31, 2032''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2023.
PART 7--INCENTIVES FOR CLEAN ELECTRICITY AND CLEAN TRANSPORTATION
SEC. 13701. CLEAN ELECTRICITY PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is amended by adding at the end the following new
section:
``SEC. 45Y. CLEAN ELECTRICITY PRODUCTION CREDIT.
``(a) Amount of Credit.--
``(1) In general.--For purposes of section 38, the clean
electricity production credit for any taxable year is an
amount equal to the product of--
``(A) the kilowatt hours of electricity--
``(i) produced by the taxpayer at a qualified facility, and
``(ii)(I) sold by the taxpayer to an unrelated person
during the taxable year, or
[[Page S4272]]
``(II) in the case of a qualified facility which is
equipped with a metering device which is owned and operated
by an unrelated person, sold, consumed, or stored by the
taxpayer during the taxable year, multiplied by
``(B) the applicable amount with respect to such qualified
facility.
``(2) Applicable amount.--
``(A) Base amount.--Subject to subsection (g)(7), in the
case of any qualified facility which is not described in
clause (i) or (ii) of subparagraph (B) and does not satisfy
the requirements described in clause (iii) of such
subparagraph, the applicable amount shall be 0.3 cents.
``(B) Alternative amount.--Subject to subsection (g)(7), in
the case of any qualified facility--
``(i) with a maximum net output of less than 1 megawatt (as
measured in alternating current),
``(ii) the construction of which begins prior to the date
that is 60 days after the Secretary publishes guidance with
respect to the requirements of paragraphs (9) and (10) of
subsection (g), or
``(iii) which--
``(I) satisfies the requirements under paragraph (9) of
subsection (g), and
``(II) with respect to the construction of such facility,
satisfies the requirements under paragraph (10) of subsection
(g),
the applicable amount shall be 1.5 cents.
``(b) Qualified Facility.--
``(1) In general.--
``(A) Definition.--Subject to subparagraphs (B), (C), and
(D), the term `qualified facility' means a facility owned by
the taxpayer--
``(i) which is used for the generation of electricity,
``(ii) which is placed in service after December 31, 2024,
and
``(iii) for which the greenhouse gas emissions rate (as
determined under paragraph (2)) is not greater than zero.
``(B) 10-year production credit.--For purposes of this
section, a facility shall only be treated as a qualified
facility during the 10-year period beginning on the date the
facility was originally placed in service.
``(C) Expansion of facility; incremental production.--The
term `qualified facility' shall include either of the
following in connection with a facility described in
subparagraph (A) (without regard to clause (ii) of such
subparagraph) which was placed in service before January 1,
2025, but only to the extent of the increased amount of
electricity produced at the facility by reason of the
following:
``(i) A new unit which is placed in service after December
31, 2024.
``(ii) Any additions of capacity which are placed in
service after December 31, 2024.
``(D) Coordination with other credits.--The term `qualified
facility' shall not include any facility for which a credit
determined under section 45, 45J, 45Q, 45U, 48, 48A, or 48E
is allowed under section 38 for the taxable year or any prior
taxable year.
``(2) Greenhouse gas emissions rate.--
``(A) In general.--For purposes of this section, the term
`greenhouse gas emissions rate' means the amount of
greenhouse gases emitted into the atmosphere by a facility in
the production of electricity, expressed as grams of
CO2e per KWh.
``(B) Fuel combustion and gasification.--In the case of a
facility which produces electricity through combustion or
gasification, the greenhouse gas emissions rate for such
facility shall be equal to the net rate of greenhouse gases
emitted into the atmosphere by such facility (taking into
account lifecycle greenhouse gas emissions, as described in
section 211(o)(1)(H) of the Clean Air Act (42 U.S.C.
7545(o)(1)(H))) in the production of electricity, expressed
as grams of CO2e per KWh.
``(C) Establishment of emissions rates for facilities.--
``(i) Publishing emissions rates.--The Secretary shall
annually publish a table that sets forth the greenhouse gas
emissions rates for types or categories of facilities, which
a taxpayer shall use for purposes of this section.
``(ii) Provisional emissions rate.--In the case of any
facility for which an emissions rate has not been established
by the Secretary, a taxpayer which owns such facility may
file a petition with the Secretary for determination of the
emissions rate with respect to such facility.
``(D) Carbon capture and sequestration equipment.--For
purposes of this subsection, the amount of greenhouse gases
emitted into the atmosphere by a facility in the production
of electricity shall not include any qualified carbon dioxide
that is captured by the taxpayer and--
``(i) pursuant to any regulations established under
paragraph (2) of section 45Q(f), disposed of by the taxpayer
in secure geological storage, or
``(ii) utilized by the taxpayer in a manner described in
paragraph (5) of such section.
``(c) Inflation Adjustment.--
``(1) In general.--In the case of a calendar year beginning
after 2024, the 0.3 cent amount in paragraph (2)(A) of
subsection (a) and the 1.5 cent amount in paragraph (2)(B) of
such subsection shall each be adjusted by multiplying such
amount by the inflation adjustment factor for the calendar
year in which the sale, consumption, or storage of the
electricity occurs. If the 0.3 cent amount as increased under
this paragraph is not a multiple of 0.05 cent, such amount
shall be rounded to the nearest multiple of 0.05 cent. If the
1.5 cent amount as increased under this paragraph is not a
multiple of 0.1 cent, such amount shall be rounded to the
nearest multiple of 0.1 cent.
``(2) Annual computation.--The Secretary shall, not later
than April 1 of each calendar year, determine and publish in
the Federal Register the inflation adjustment factor for such
calendar year in accordance with this subsection.
``(3) Inflation adjustment factor.--The term `inflation
adjustment factor' means, with respect to a calendar year, a
fraction the numerator of which is the GDP implicit price
deflator for the preceding calendar year and the denominator
of which is the GDP implicit price deflator for the calendar
year 1992. The term `GDP implicit price deflator' means the
most recent revision of the implicit price deflator for the
gross domestic product as computed and published by the
Department of Commerce before March 15 of the calendar year.
``(d) Credit Phase-out.--
``(1) In general.--The amount of the clean electricity
production credit under subsection (a) for any qualified
facility the construction of which begins during a calendar
year described in paragraph (2) shall be equal to the product
of--
``(A) the amount of the credit determined under subsection
(a) without regard to this subsection, multiplied by
``(B) the phase-out percentage under paragraph (2).
``(2) Phase-out percentage.--The phase-out percentage under
this paragraph is equal to--
``(A) for a facility the construction of which begins
during the first calendar year following the applicable year,
100 percent,
``(B) for a facility the construction of which begins
during the second calendar year following the applicable
year, 75 percent,
``(C) for a facility the construction of which begins
during the third calendar year following the applicable year,
50 percent, and
``(D) for a facility the construction of which begins
during any calendar year subsequent to the calendar year
described in subparagraph (C), 0 percent.
``(3) Applicable year.--For purposes of this subsection,
the term `applicable year' means the later of--
``(A) the calendar year in which the Secretary determines
that the annual greenhouse gas emissions from the production
of electricity in the United States are equal to or less than
25 percent of the annual greenhouse gas emissions from the
production of electricity in the United States for calendar
year 2022, or
``(B) 2032.
``(e) Definitions.--For purposes of this section:
``(1) CO2e per KWh.--The term `CO2e
per KWh' means, with respect to any greenhouse gas, the
equivalent carbon dioxide (as determined based on global
warming potential) per kilowatt hour of electricity produced.
``(2) Greenhouse gas.--The term `greenhouse gas' has the
same meaning given such term under section 211(o)(1)(G) of
the Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect on
the date of the enactment of this section.
``(3) Qualified carbon dioxide.--The term `qualified carbon
dioxide' means carbon dioxide captured from an industrial
source which--
``(A) would otherwise be released into the atmosphere as
industrial emission of greenhouse gas,
``(B) is measured at the source of capture and verified at
the point of disposal or utilization, and
``(C) is captured and disposed or utilized within the
United States (within the meaning of section 638(1)) or a
possession of the United States (within the meaning of
section 638(2)).
``(f) Guidance.--Not later than January 1, 2025, the
Secretary shall issue guidance regarding implementation of
this section, including calculation of greenhouse gas
emission rates for qualified facilities and determination of
clean electricity production credits under this section.
``(g) Special Rules.--
``(1) Only production in the united states taken into
account.--Consumption, sales, or storage shall be taken into
account under this section only with respect to electricity
the production of which is within--
``(A) the United States (within the meaning of section
638(1)), or
``(B) a possession of the United States (within the meaning
of section 638(2)).
``(2) Combined heat and power system property.--
``(A) In general.--For purposes of subsection (a)--
``(i) the kilowatt hours of electricity produced by a
taxpayer at a qualified facility shall include any production
in the form of useful thermal energy by any combined heat and
power system property within such facility, and
``(ii) the amount of greenhouse gases emitted into the
atmosphere by such facility in the production of such useful
thermal energy shall be included for purposes of determining
the greenhouse gas emissions rate for such facility.
``(B) Combined heat and power system property.--For
purposes of this paragraph, the term `combined heat and power
system property' has the same meaning given such term by
section 48(c)(3) (without regard to subparagraphs (A)(iv),
(B), and (D) thereof).
``(C) Conversion from btu to kwh.--
``(i) In general.--For purposes of subparagraph (A)(i), the
amount of kilowatt hours of
[[Page S4273]]
electricity produced in the form of useful thermal energy
shall be equal to the quotient of--
``(I) the total useful thermal energy produced by the
combined heat and power system property within the qualified
facility, divided by
``(II) the heat rate for such facility.
``(ii) Heat rate.--For purposes of this subparagraph, the
term `heat rate' means the amount of energy used by the
qualified facility to generate 1 kilowatt hour of
electricity, expressed as British thermal units per net
kilowatt hour generated.
``(3) Production attributable to the taxpayer.--In the case
of a qualified facility in which more than 1 person has an
ownership interest, except to the extent provided in
regulations prescribed by the Secretary, production from the
facility shall be allocated among such persons in proportion
to their respective ownership interests in the gross sales
from such facility.
``(4) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section
52(b). In the case of a corporation which is a member of an
affiliated group of corporations filing a consolidated
return, such corporation shall be treated as selling
electricity to an unrelated person if such electricity is
sold to such a person by another member of such group.
``(5) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(6) Allocation of credit to patrons of agricultural
cooperative.--
``(A) Election to allocate.--
``(i) In general.--In the case of an eligible cooperative
organization, any portion of the credit determined under
subsection (a) for the taxable year may, at the election of
the organization, be apportioned among patrons of the
organization on the basis of the amount of business done by
the patrons during the taxable year.
``(ii) Form and effect of election.--An election under
clause (i) for any taxable year shall be made on a timely
filed return for such year. Such election, once made, shall
be irrevocable for such taxable year. Such election shall not
take effect unless the organization designates the
apportionment as such in a written notice mailed to its
patrons during the payment period described in section
1382(d).
``(B) Treatment of organizations and patrons.--The amount
of the credit apportioned to any patrons under subparagraph
(A)--
``(i) shall not be included in the amount determined under
subsection (a) with respect to the organization for the
taxable year, and
``(ii) shall be included in the amount determined under
subsection (a) for the first taxable year of each patron
ending on or after the last day of the payment period (as
defined in section 1382(d)) for the taxable year of the
organization or, if earlier, for the taxable year of each
patron ending on or after the date on which the patron
receives notice from the cooperative of the apportionment.
``(C) Special rules for decrease in credits for taxable
year.--If the amount of the credit of a cooperative
organization determined under subsection (a) for a taxable
year is less than the amount of such credit shown on the
return of the cooperative organization for such year, an
amount equal to the excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such patrons under
subparagraph (A) for the taxable year,
shall be treated as an increase in tax imposed by this
chapter on the organization. Such increase shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter.
``(D) Eligible cooperative defined.--For purposes of this
section, the term `eligible cooperative' means a cooperative
organization described in section 1381(a) which is owned more
than 50 percent by agricultural producers or by entities
owned by agricultural producers. For this purpose an entity
owned by an agricultural producer is one that is more than 50
percent owned by agricultural producers.
``(7) Increase in credit in energy communities.--In the
case of any qualified facility which is located in an energy
community (as defined in section 45(b)(11)(B)), for purposes
of determining the amount of the credit under subsection (a)
with respect to any electricity produced by the taxpayer at
such facility during the taxable year, the applicable amount
under paragraph (2) of such subsection shall be increased by
an amount equal to 10 percent of the amount otherwise in
effect under such paragraph.
``(8) Credit reduced for tax-exempt bonds.--Rules similar
to the rules of section 45(b)(3) shall apply.
``(9) Wage requirements.--Rules similar to the rules of
section 45(b)(7) shall apply.
``(10) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(11) Domestic content bonus credit amount.--
``(A) In general.--In the case of any qualified facility
which satisfies the requirement under subparagraph (B)(i),
the amount of the credit determined under subsection (a)
shall be increased by an amount equal to 10 percent of the
amount so determined (as determined without application of
paragraph (7)).
``(B) Requirement.--
``(i) In general.--The requirement described in this
subclause is satisfied with respect to any qualified facility
if the taxpayer certifies to the Secretary (at such time, and
in such form and manner, as the Secretary may prescribe) that
any steel, iron, or manufactured product which is a component
of such facility (upon completion of construction) was
produced in the United States (as determined under section
661 of title 49, Code of Federal Regulations).
``(ii) Steel and iron.--In the case of steel or iron,
clause (i) shall be applied in a manner consistent with
section 661.5 of title 49, Code of Federal Regulations.
``(iii) Manufactured product.--For purposes of clause (i),
the manufactured products which are components of a qualified
facility upon completion of construction shall be deemed to
have been produced in the United States if not less than the
adjusted percentage (as determined under subparagraph (C)) of
the total costs of all such manufactured products of such
facility are attributable to manufactured products (including
components) which are mined, produced, or manufactured in the
United States.
``(C) Adjusted percentage.--
``(i) In general.--Subject to subclause (ii), for purposes
of subparagraph (B)(iii), the adjusted percentage shall be--
``(I) in the case of a facility the construction of which
begins before January 1, 2025, 40 percent,
``(II) in the case of a facility the construction of which
begins after December 31, 2024, and before January 1, 2026,
45 percent,
``(III) in the case of a facility the construction of which
begins after December 31, 2025, and before January 1, 2027,
50 percent, and
``(IV) in the case of a facility the construction of which
begins after December 31, 2026, 55 percent.
``(ii) Offshore wind facility.--For purposes of
subparagraph (B)(iii), in the case of a qualified facility
which is an offshore wind facility, the adjusted percentage
shall be--
``(I) in the case of a facility the construction of which
begins before January 1, 2025, 20 percent,
``(II) in the case of a facility the construction of which
begins after December 31, 2024, and before January 1, 2026,
27.5 percent,
``(III) in the case of a facility the construction of which
begins after December 31, 2025, and before January 1, 2027,
35 percent,
``(IV) in the case of a facility the construction of which
begins after December 31, 2026, and before January 1, 2028,
45 percent, and
``(V) in the case of a facility the construction of which
begins after December 31, 2027, 55 percent.
``(12) Phaseout for elective payment.--
``(A) In general.--In the case of a taxpayer making an
election under section 6417 with respect to a credit under
this section, the amount of such credit shall be replaced
with--
``(i) the value of such credit (determined without regard
to this paragraph), multiplied by
``(ii) the applicable percentage.
``(B) 100 percent applicable percentage for certain
qualified facilities.--In the case of any qualified
facility--
``(i) which satisfies the requirements under paragraph
(11)(B), or
``(ii) with a maximum net output of less than 1 megawatt
(as measured in alternating current),
the applicable percentage shall be 100 percent.
``(C) Phased domestic content requirement.--Subject to
subparagraph (D), in the case of any qualified facility which
is not described in subparagraph (B), the applicable
percentage shall be--
``(i) if construction of such facility began before January
1, 2024, 100 percent,
``(ii) if construction of such facility began in calendar
year 2024, 90 percent,
``(iii) if construction of such facility began in calendar
year 2025, 85 percent, and
``(iv) if construction of such facility began after
December 31, 2025, 0 percent.
``(D) Exception.--
``(i) In general.--For purposes of this paragraph, the
Secretary shall provide exceptions to the requirements under
this paragraph if--
``(I) the inclusion of steel, iron, or manufactured
products which are produced in the United States increases
the overall costs of construction of qualified facilities by
more than 25 percent, or
``(II) relevant steel, iron, or manufactured products are
not produced in the United States in sufficient and
reasonably available quantities or of a satisfactory quality.
``(ii) Applicable percentage.--In any case in which the
Secretary provides an exception pursuant to clause (i), the
applicable percentage shall be 100 percent.''.
(b) Conforming Amendments.--
(1) Section 38(b), as amended by the preceding provisions
of this Act, is amended--
(A) in paragraph (37), by striking ``plus'' at the end,
(B) in paragraph (38), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(39) the clean electricity production credit determined
under section 45Y(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by the preceding
provisions of this
[[Page S4274]]
Act, is amended by adding at the end the following new item:
``Sec. 45Y. Clean electricity production credit.''.
(c) Effective Date.--The amendments made by this section
shall apply to facilities placed in service after December
31, 2024.
SEC. 13702. CLEAN ELECTRICITY INVESTMENT CREDIT.
(a) In General.--Subpart E of part IV of subchapter A of
chapter 1, as amended by section 107(a) of the CHIPS Act of
2022, is amended by inserting after section 48D the following
new section:
``SEC. 48E. CLEAN ELECTRICITY INVESTMENT CREDIT.
``(a) Investment Credit for Qualified Property.--
``(1) In general.--For purposes of section 46, the clean
electricity investment credit for any taxable year is an
amount equal to the applicable percentage of the qualified
investment for such taxable year with respect to--
``(A) any qualified facility, and
``(B) any energy storage technology.
``(2) Applicable percentage.--
``(A) Qualified facilities.--Subject to paragraph (3)--
``(i) Base rate.--In the case of any qualified facility
which is not described in subclause (I) or (II) of clause
(ii) and does not satisfy the requirements described in
subclause (III) of such clause, the applicable percentage
shall be 6 percent.
``(ii) Alternative rate.--In the case of any qualified
facility--
``(I) with a maximum net output of less than 1 megawatt (as
measured in alternating current),
``(II) the construction of which begins prior to the date
that is 60 days after the Secretary publishes guidance with
respect to the requirements of paragraphs (3) and (4) of
subsection (d), or
``(III) which--
``(aa) satisfies the requirements of subsection (d)(3), and
``(bb) with respect to the construction of such facility,
satisfies the requirements of subsection (d)(4),
the applicable percentage shall be 30 percent.
``(B) Energy storage technology.--Subject to paragraph
(3)--
``(i) Base rate.--In the case of any energy storage
technology which is not described in subclause (I) or (II) of
clause (ii) and does not satisfy the requirements described
in subclause (III) of such clause, the applicable percentage
shall be 6 percent.
``(ii) Alternative rate.--In the case of any energy storage
technology--
``(I) with a capacity of less than 1 megawatt,
``(II) the construction of which begins prior to the date
that is 60 days after the Secretary publishes guidance with
respect to the requirements of paragraphs (3) and (4) of
subsection (d), or
``(III) which--
``(aa) satisfies the requirements of subsection (d)(3), and
``(bb) with respect to the construction of such property,
satisfies the requirements of subsection (d)(4),
the applicable percentage shall be 30 percent.
``(3) Increase in credit rate in certain cases.--
``(A) Energy communities.--
``(i) In general.--In the case of any qualified investment
with respect to a qualified facility or with respect to
energy storage technology which is placed in service within
an energy community (as defined in section 45(b)(11)(B)), for
purposes of applying paragraph (2) with respect to such
property or investment, the applicable percentage shall be
increased by the applicable credit rate increase.
``(ii) Applicable credit rate increase.--For purposes of
clause (i), the applicable credit rate increase shall be an
amount equal to--
``(I) in the case of any qualified investment with respect
to a qualified facility described in paragraph (2)(A)(i) or
with respect to energy storage technology described in
paragraph (2)(B)(i), 2 percentage points, and
``(II) in the case of any qualified investment with respect
to a qualified facility described in paragraph (2)(A)(ii) or
with respect to energy storage technology described in
paragraph (2)(B)(ii), 10 percentage points.
``(B) Domestic content.--Rules similar to the rules of
section 48(a)(12) shall apply.
``(b) Qualified Investment With Respect to a Qualified
Facility.--
``(1) In general.--For purposes of subsection (a), the
qualified investment with respect to any qualified facility
for any taxable year is the sum of--
``(A) the basis of any qualified property placed in service
by the taxpayer during such taxable year which is part of a
qualified facility, plus
``(B) the amount of any expenditures which are--
``(i) paid or incurred by the taxpayer for qualified
interconnection property--
``(I) in connection with a qualified facility which has a
maximum net output of not greater than 5 megawatts (as
measured in alternating current), and
``(II) placed in service during the taxable year of the
taxpayer, and
``(ii) properly chargeable to capital account of the
taxpayer.
``(2) Qualified property.--For purposes of this section,
the term `qualified property' means property--
``(A) which is--
``(i) tangible personal property, or
``(ii) other tangible property (not including a building or
its structural components), but only if such property is used
as an integral part of the qualified facility,
``(B) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable, and
``(C)(i) the construction, reconstruction, or erection of
which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the original
use of such property commences with the taxpayer.
``(3) Qualified facility.--
``(A) In general.--For purposes of this section, the term
`qualified facility' means a facility--
``(i) which is used for the generation of electricity,
``(ii) which is placed in service after December 31, 2024,
and
``(iii) for which the anticipated greenhouse gas emissions
rate (as determined under subparagraph (B)(ii)) is not
greater than zero.
``(B) Additional rules.--
``(i) Expansion of facility; incremental production.--Rules
similar to the rules of section 45Y(b)(1)(C) shall apply for
purposes of this paragraph.
``(ii) Greenhouse gas emissions rate.--Rules similar to the
rules of section 45Y(b)(2) shall apply for purposes of this
paragraph.
``(C) Exclusion.--The term `qualified facility' shall not
include any facility for which--
``(i) a renewable electricity production credit determined
under section 45,
``(ii) an advanced nuclear power facility production credit
determined under section 45J,
``(iii) a carbon oxide sequestration credit determined
under section 45Q,
``(iv) a zero-emission nuclear power production credit
determined under section 45U,
``(v) a clean electricity production credit determined
under section 45Y,
``(vi) an energy credit determined under section 48, or
``(vii) a qualifying advanced coal project credit under
section 48A,
is allowed under section 38 for the taxable year or any prior
taxable year.
``(4) Qualified interconnection property.--For purposes of
this paragraph, the term `qualified interconnection property'
has the meaning given such term in section 48(a)(8)(B).
``(5) Coordination with rehabilitation credit.--The
qualified investment with respect to any qualified facility
for any taxable year shall not include that portion of the
basis of any property which is attributable to qualified
rehabilitation expenditures (as defined in section 47(c)(2)).
``(6) Definitions.--For purposes of this subsection, the
terms `CO2e per KWh' and `greenhouse gas emissions rate' have
the same meaning given such terms under section 45Y.
``(c) Qualified Investment With Respect to Energy Storage
Technology.--
``(1) Qualified investment.--For purposes of subsection
(a), the qualified investment with respect to energy storage
technology for any taxable year is the basis of any energy
storage technology placed in service by the taxpayer during
such taxable year.
``(2) Energy storage technology.--For purposes of this
section, the term `energy storage technology' has the meaning
given such term in section 48(c)(6) (except that subparagraph
(D) of such section shall not apply).
``(d) Special Rules.--
``(1) Certain progress expenditure rules made applicable.--
Rules similar to the rules of subsections (c)(4) and (d) of
section 46 (as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of subsection (a).
``(2) Special rule for property financed by subsidized
energy financing or private activity bonds.--Rules similar to
the rules of section 45(b)(3) shall apply.
``(3) Prevailing wage requirements.--Rules similar to the
rules of section 48(a)(10) shall apply.
``(4) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(5) Domestic content requirement for elective payment.--
In the case of a taxpayer making an election under section
6417 with respect to a credit under this section, rules
similar to the rules of section 45Y(g)(12) shall apply.
``(e) Credit Phase-Out.--
``(1) In general.--The amount of the clean electricity
investment credit under subsection (a) for any qualified
investment with respect to any qualified facility or energy
storage technology the construction of which begins during a
calendar year described in paragraph (2) shall be equal to
the product of--
``(A) the amount of the credit determined under subsection
(a) without regard to this subsection, multiplied by
``(B) the phase-out percentage under paragraph (2).
``(2) Phase-out percentage.--The phase-out percentage under
this paragraph is equal to--
``(A) for any qualified investment with respect to any
qualified facility or energy storage technology the
construction of which begins during the first calendar year
following the applicable year, 100 percent,
[[Page S4275]]
``(B) for any qualified investment with respect to any
qualified facility or energy storage technology the
construction of which begins during the second calendar year
following the applicable year, 75 percent,
``(C) for any qualified investment with respect to any
qualified facility or energy storage technology the
construction of which begins during the third calendar year
following the applicable year, 50 percent, and
``(D) for any qualified investment with respect to any
qualified facility or energy storage technology the
construction of which begins during any calendar year
subsequent to the calendar year described in subparagraph
(C), 0 percent.
``(3) Applicable year.--For purposes of this subsection,
the term `applicable year' has the same meaning given such
term in section 45Y(d)(3).
``(f) Greenhouse Gas.--In this section, the term
`greenhouse gas' has the same meaning given such term under
section 45Y(e)(2).
``(g) Recapture of Credit.--For purposes of section 50, if
the Secretary determines that the greenhouse gas emissions
rate for a qualified facility is greater than 10 grams of
CO2e per KWh, any property for which a credit was
allowed under this section with respect to such facility
shall cease to be investment credit property in the taxable
year in which the determination is made.
``(h) Special Rules for Certain Facilities Placed in
Service in Connection With Low-income Communities.--
``(1) In general.--In the case of any applicable facility
with respect to which the Secretary makes an allocation of
environmental justice capacity limitation under paragraph
(4)--
``(A) the applicable percentage otherwise determined under
subsection (a)(2) with respect to any eligible property which
is part of such facility shall be increased by--
``(i) in the case of a facility described in subclause (I)
of paragraph (2)(A)(iii) and not described in subclause (II)
of such paragraph, 10 percentage points, and
``(ii) in the case of a facility described in subclause
(II) of paragraph (2)(A)(iii), 20 percentage points, and
``(B) the increase in the credit determined under
subsection (a) by reason of this subsection for any taxable
year with respect to all property which is part of such
facility shall not exceed the amount which bears the same
ratio to the amount of such increase (determined without
regard to this subparagraph) as--
``(i) the environmental justice capacity limitation
allocated to such facility, bears to
``(ii) the total megawatt nameplate capacity of such
facility, as measured in direct current.
``(2) Applicable facility.--For purposes of this
subsection--
``(A) In general.--The term `applicable facility' means any
qualified facility--
``(i) which is not described in section 45Y(b)(2)(B),
``(ii) which has a maximum net output of less than 5
megawatts (as measured in alternating current), and
``(iii) which--
``(I) is located in a low-income community (as defined in
section 45D(e)) or on Indian land (as defined in section
2601(2) of the Energy Policy Act of 1992 (25 U.S.C.
3501(2))), or
``(II) is part of a qualified low-income residential
building project or a qualified low-income economic benefit
project.
``(B) Qualified low-income residential building project.--A
facility shall be treated as part of a qualified low-income
residential building project if--
``(i) such facility is installed on a residential rental
building which participates in a covered housing program (as
defined in section 41411(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12491(a)(3)), a housing assistance program
administered by the Department of Agriculture under title V
of the Housing Act of 1949, a housing program administered by
a tribally designated housing entity (as defined in section
4(22) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103(22))) or such other
affordable housing programs as the Secretary may provide, and
``(ii) the financial benefits of the electricity produced
by such facility are allocated equitably among the occupants
of the dwelling units of such building.
``(C) Qualified low-income economic benefit project.--A
facility shall be treated as part of a qualified low-income
economic benefit project if at least 50 percent of the
financial benefits of the electricity produced by such
facility are provided to households with income of--
``(i) less than 200 percent of the poverty line (as defined
in section 36B(d)(3)(A)) applicable to a family of the size
involved, or
``(ii) less than 80 percent of area median gross income (as
determined under section 142(d)(2)(B)).
``(D) Financial benefit.--For purposes of subparagraphs (B)
and (C), electricity acquired at a below-market rate shall
not fail to be taken into account as a financial benefit.
``(3) Eligible property.--For purposes of this subsection,
the term `eligible property' means a qualified investment
with respect to any applicable facility.
``(4) Allocations.--
``(A) In general.--Not later than January 1, 2025, the
Secretary shall establish a program to allocate amounts of
environmental justice capacity limitation to applicable
facilities. In establishing such program and to carry out the
purposes of this subsection, the Secretary shall provide
procedures to allow for an efficient allocation process,
including, when determined appropriate, consideration of
multiple projects in a single application if such projects
will be placed in service by a single taxpayer.
``(B) Limitation.--The amount of environmental justice
capacity limitation allocated by the Secretary under
subparagraph (A) during any calendar year shall not exceed
the annual capacity limitation with respect to such year.
``(C) Annual capacity limitation.--For purposes of this
paragraph, the term `annual capacity limitation' means 1.8
gigawatts of direct current capacity for each calendar year
during the period beginning on January 1, 2025, and ending on
December 31 of the applicable year (as defined in section
45Y(d)(3)), and zero thereafter.
``(D) Carryover of unused limitation.--
``(i) In general.--If the annual capacity limitation for
any calendar year exceeds the aggregate amount allocated for
such year under this paragraph, such limitation for the
succeeding calendar year shall be increased by the amount of
such excess. No amount may be carried under the preceding
sentence to any calendar year after the third calendar year
following the applicable year (as defined in section
45Y(d)(3)).
``(ii) Carryover from section 48 for calendar year 2025.--
If the annual capacity limitation for calendar year 2024
under section 48(e)(4)(D) exceeds the aggregate amount
allocated for such year under such section, such excess
amount may be carried over and applied to the annual capacity
limitation under this subsection for calendar year 2025. The
annual capacity limitation for calendar year 2025 shall be
increased by the amount of such excess.
``(E) Placed in service deadline.--
``(i) In general.--Paragraph (1) shall not apply with
respect to any property which is placed in service after the
date that is 4 years after the date of the allocation with
respect to the facility of which such property is a part.
``(ii) Application of carryover.--Any amount of
environmental justice capacity limitation which expires under
clause (i) during any calendar year shall be taken into
account as an excess described in subparagraph (D)(i) (or as
an increase in such excess) for such calendar year, subject
to the limitation imposed by the last sentence of such
subparagraph.
``(5) Recapture.--The Secretary shall, by regulations or
other guidance, provide for recapturing the benefit of any
increase in the credit allowed under subsection (a) by reason
of this subsection with respect to any property which ceases
to be property eligible for such increase (but which does not
cease to be investment credit property within the meaning of
section 50(a)). The period and percentage of such recapture
shall be determined under rules similar to the rules of
section 50(a). To the extent provided by the Secretary, such
recapture may not apply with respect to any property if,
within 12 months after the date the taxpayer becomes aware
(or reasonably should have become aware) of such property
ceasing to be property eligible for such increase, the
eligibility of such property for such increase is restored.
The preceding sentence shall not apply more than once with
respect to any facility.
``(i) Guidance.--Not later than January 1, 2025, the
Secretary shall issue guidance regarding implementation of
this section.''.
(b) Conforming Amendments.--
(1) Section 46, as amended by section 107(d) of the CHIPS
Act of 2022, is amended--
(A) in paragraph (5), by striking ``and'' at the end,
(B) in paragraph (6), by striking the period at the end and
inserting ``, and'', and
(C) by adding at the end the following:
``(7) the clean electricity investment credit.''.
(2) Section 49(a)(1)(C), as amended by section 107(d) of
the CHIPS Act of 2022, is amended--
(A) by striking ``and'' at the end of clause (v),
(B) by striking the period at the end of clause (vi) and
inserting a comma, and
(C) by adding at the end the following new clauses:
``(vii) the basis of any qualified property which is part
of a qualified facility under section 48E, and
``(viii) the basis of any energy storage technology under
section 48E.''.
(3) Section 50(a)(2)(E), as amended by section 107(d) of
the CHIPS Act of 2022, is amended by striking ``or
48D(b)(5)'' and inserting ``48D(b)(5), or 48E(e)''.
(4) Section 50(c)(3) is amended by inserting ``or clean
electricity investment credit'' after ``In the case of any
energy credit''.
(5) The table of sections for subpart E of part IV of
subchapter A of chapter 1, as amended by section 107(d) of
the CHIPS Act of 2022, is amended by inserting after the item
relating to section 48D the following new item:
``48E. Clean electricity investment credit.''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2024.
SEC. 13703. COST RECOVERY FOR QUALIFIED FACILITIES, QUALIFIED
PROPERTY, AND ENERGY STORAGE TECHNOLOGY.
(a) In General.--Section 168(e)(3)(B) is amended--
(1) in clause (vi)(III), by striking ``and'' at the end,
[[Page S4276]]
(2) in clause (vii), by striking the period at the end and
inserting ``, and'', and
(3) by inserting after clause (vii) the following:
``(viii) any qualified facility (as defined in section
45Y(b)(1)(A)), any qualified property (as defined in
subsection (b)(2) of section 48E) which is a qualified
investment (as defined in subsection (b)(1) of such section),
or any energy storage technology (as defined in subsection
(c)(2) of such section).''.
(b) Effective Date.--The amendments made by this section
shall apply to facilities and property placed in service
after December 31, 2024.
SEC. 13704. CLEAN FUEL PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is amended by adding at the end the following new
section:
``SEC. 45Z. CLEAN FUEL PRODUCTION CREDIT.
``(a) Amount of Credit.--
``(1) In general.--For purposes of section 38, the clean
fuel production credit for any taxable year is an amount
equal to the product of--
``(A) the applicable amount per gallon (or gallon
equivalent) with respect to any transportation fuel which
is--
``(i) produced by the taxpayer at a qualified facility, and
``(ii) sold by the taxpayer in a manner described in
paragraph (4) during the taxable year, and
``(B) the emissions factor for such fuel (as determined
under subsection (b)).
``(2) Applicable amount.--
``(A) Base amount.--In the case of any transportation fuel
produced at a qualified facility which does not satisfy the
requirements described in subparagraph (B), the applicable
amount shall be 20 cents.
``(B) Alternative amount.--In the case of any
transportation fuel produced at a qualified facility which
satisfies the requirements under paragraphs (6) and (7) of
subsection (f), the applicable amount shall be $1.00.
``(3) Special rate for sustainable aviation fuel.--
``(A) In general.--In the case of a transportation fuel
which is sustainable aviation fuel, paragraph (2) shall be
applied--
``(i) in the case of fuel produced at a qualified facility
described in paragraph (2)(A), by substituting `35 cents' for
`20 cents', and
``(ii) in the case of fuel produced at a qualified facility
described in paragraph (2)(B), by substituting `$1.75' for
`$1.00'.
``(B) Sustainable aviation fuel.--For purposes of this
subparagraph (A), the term `sustainable aviation fuel' means
liquid fuel, the portion of which is not kerosene, which is
sold for use in an aircraft and which--
``(i) meets the requirements of--
``(I) ASTM International Standard D7566, or
``(II) the Fischer Tropsch provisions of ASTM International
Standard D1655, Annex A1, and
``(ii) is not derived from palm fatty acid distillates or
petroleum.
``(4) Sale.--For purposes of paragraph (1), the
transportation fuel is sold in a manner described in this
paragraph if such fuel is sold by the taxpayer to an
unrelated person--
``(A) for use by such person in the production of a fuel
mixture,
``(B) for use by such person in a trade or business, or
``(C) who sells such fuel at retail to another person and
places such fuel in the fuel tank of such other person.
``(5) Rounding.--If any amount determined under paragraph
(1) is not a multiple of 1 cent, such amount shall be rounded
to the nearest cent.
``(b) Emissions Factors.--
``(1) Emissions factor.--
``(A) Calculation.--
``(i) In general.--The emissions factor of a transportation
fuel shall be an amount equal to the quotient of--
``(I) an amount equal to--
``(aa) 50 kilograms of CO2e per mmBTU, minus
``(bb) the emissions rate for such fuel, divided by
``(II) 50 kilograms of CO2e per mmBTU.
``(B) Establishment of emissions rate.--
``(i) In general.--Subject to clauses (ii) and (iii), the
Secretary shall annually publish a table which sets forth the
emissions rate for similar types and categories of
transportation fuels based on the amount of lifecycle
greenhouse gas emissions (as described in section
211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)),
as in effect on the date of the enactment of this section)
for such fuels, expressed as kilograms of CO2e per
mmBTU, which a taxpayer shall use for purposes of this
section.
``(ii) Non-aviation fuel.--In the case of any
transportation fuel which is not a sustainable aviation fuel,
the lifecycle greenhouse gas emissions of such fuel shall be
based on the most recent determinations under the Greenhouse
gases, Regulated Emissions, and Energy use in Transportation
model developed by Argonne National Laboratory, or a
successor model (as determined by the Secretary).
``(iii) Aviation fuel.--In the case of any transportation
fuel which is a sustainable aviation fuel, the lifecycle
greenhouse gas emissions of such fuel shall be determined in
accordance with--
``(I) the most recent Carbon Offsetting and Reduction
Scheme for International Aviation which has been adopted by
the International Civil Aviation Organization with the
agreement of the United States, or
``(II) any similar methodology which satisfies the criteria
under section 211(o)(1)(H) of the Clean Air Act (42 U.S.C.
7545(o)(1)(H)), as in effect on the date of enactment of this
section.
``(C) Rounding of emissions rate.--
``(i) In general.--Subject to clause (ii), the Secretary
may round the emissions rates under subparagraph (B) to the
nearest multiple of 5 kilograms of CO2e per mmBTU.
``(ii) Exception.--In the case of an emissions rate that is
between 2.5 kilograms of CO2e per mmBTU and -2.5
kilograms of CO2e per mmBTU, the Secretary may
round such rate to zero.
``(D) Provisional emissions rate.--In the case of any
transportation fuel for which an emissions rate has not been
established under subparagraph (B), a taxpayer producing such
fuel may file a petition with the Secretary for determination
of the emissions rate with respect to such fuel.
``(2) Rounding.--If any amount determined under paragraph
(1)(A) is not a multiple of 0.1, such amount shall be rounded
to the nearest multiple of 0.1.
``(c) Inflation Adjustment.--
``(1) In general.--In the case of calendar years beginning
after 2024, the 20 cent amount in subsection (a)(2)(A), the
$1.00 amount in subsection (a)(2)(B), the 35 cent amount in
subsection (a)(3)(A)(i), and the $1.75 amount in subsection
(a)(3)(A)(ii) shall each be adjusted by multiplying such
amount by the inflation adjustment factor for the calendar
year in which the sale of the transportation fuel occurs. If
any amount as increased under the preceding sentence is not a
multiple of 1 cent, such amount shall be rounded to the
nearest multiple of 1 cent.
``(2) Inflation adjustment factor.--For purposes of
paragraph (1), the inflation adjustment factor shall be the
inflation adjustment factor determined and published by the
Secretary pursuant to section 45Y(c), determined by
substituting `calendar year 2022' for `calendar year 1992' in
paragraph (3) thereof.
``(d) Definitions.--In this section:
``(1) mmBTU.--The term `mmBTU' means 1,000,000 British
thermal units.
``(2) CO2e.--The term `CO2e' means,
with respect to any greenhouse gas, the equivalent carbon
dioxide (as determined based on relative global warming
potential).
``(3) Greenhouse gas.--The term `greenhouse gas' has the
same meaning given that term under section 211(o)(1)(G) of
the Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect on
the date of the enactment of this section.
``(4) Qualified facility.--The term `qualified facility'--
``(A) means a facility used for the production of
transportation fuels, and
``(B) does not include any facility for which one of the
following credits is allowed under section 38 for the taxable
year:
``(i) The credit for production of clean hydrogen under
section 45V.
``(ii) The credit determined under section 46 to the extent
that such credit is attributable to the energy credit
determined under section 48 with respect to any specified
clean hydrogen production facility for which an election is
made under subsection (a)(15) of such section.
``(iii) The credit for carbon oxide sequestration under
section 45Q.
``(5) Transportation fuel.--
``(A) In general.--The term `transportation fuel' means a
fuel which--
``(i) is suitable for use as a fuel in a highway vehicle or
aircraft,
``(ii) has an emissions rate which is not greater than 50
kilograms of CO2e per mmBTU, and
``(iii) is not derived from coprocessing an applicable
material (or materials derived from an applicable material)
with a feedstock which is not biomass.
``(B) Definitions.--In this paragraph--
``(i) Applicable material.--The term `applicable material'
means--
``(I) monoglycerides, diglycerides, and triglycerides,
``(II) free fatty acids, and
``(III) fatty acid esters.
``(ii) Biomass.--The term `biomass' has the same meaning
given such term in section 45K(c)(3).
``(e) Guidance.--Not later than January 1, 2025, the
Secretary shall issue guidance regarding implementation of
this section, including calculation of emissions factors for
transportation fuel, the table described in subsection
(b)(1)(B)(i), and the determination of clean fuel production
credits under this section.
``(f) Special Rules.--
``(1) Only registered production in the united states taken
into account.--
``(A) In general.--No clean fuel production credit shall be
determined under subsection (a) with respect to any
transportation fuel unless--
``(i) the taxpayer--
``(I) is registered as a producer of clean fuel under
section 4101 at the time of production, and
``(II) in the case of any transportation fuel which is a
sustainable aviation fuel, provides--
``(aa) certification (in such form and manner as the
Secretary shall prescribe) from an unrelated party
demonstrating compliance with--
``(AA) any general requirements, supply chain traceability
requirements, and information transmission requirements
established under the Carbon Offsetting and Reduction Scheme
for International Aviation
[[Page S4277]]
described in subclause (I) of subsection (b)(1)(B)(iii), or
``(BB) in the case of any methodology described in
subclause (II) of such subsection, requirements similar to
the requirements described in subitem (AA), and
``(bb) such other information with respect to such fuel as
the Secretary may require for purposes of carrying out this
section, and
``(ii) such fuel is produced in the United States.
``(B) United states.--For purposes of this paragraph, the
term `United States' includes any possession of the United
States.
``(2) Production attributable to the taxpayer.--In the case
of a facility in which more than 1 person has an ownership
interest, except to the extent provided in regulations
prescribed by the Secretary, production from the facility
shall be allocated among such persons in proportion to their
respective ownership interests in the gross sales from such
facility.
``(3) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section
52(b). In the case of a corporation which is a member of an
affiliated group of corporations filing a consolidated
return, such corporation shall be treated as selling fuel to
an unrelated person if such fuel is sold to such a person by
another member of such group.
``(4) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(5) Allocation of credit to patrons of agricultural
cooperative.--Rules similar to the rules of section 45Y(g)(6)
shall apply.
``(6) Prevailing wage requirements.--
``(A) In general.--Subject to subparagraph (B), rules
similar to the rules of section 45(b)(7) shall apply.
``(B) Special rule for facilities placed in service before
january 1, 2025.--For purposes of subparagraph (A), in the
case of any qualified facility placed in service before
January 1, 2025--
``(i) clause (i) of section 45(b)(7)(A) shall not apply,
and
``(ii) clause (ii) of such section shall be applied by
substituting `with respect to any taxable year beginning
after December 31, 2024, for which the credit is allowed
under this section' for `with respect to any taxable year,
for any portion of such taxable year which is within the
period described in subsection (a)(2)(A)(ii)'.
``(7) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(g) Termination.--This section shall not apply to
transportation fuel sold after December 31, 2027.''.
(b) Conforming Amendments.--
(1) Section 25C(d)(3), as amended by the preceding
provisions of this Act, is amended--
(A) in subparagraph (A), by striking ``and'' at the end,
(B) in subparagraph (B), by striking the period at the end
and inserting ``, and'', and
(C) by adding at the end the following new subparagraph:
``(C) transportation fuel (as defined in section
45Z(d)(5)).''.
(2) Section 30C(c)(1)(B), as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new clause:
``(iv) Any transportation fuel (as defined in section
45Z(d)(5)).''.
(3) Section 38(b), as amended by the preceding provisions
of this Act, is amended--
(A) in paragraph (38), by striking ``plus'' at the end,
(B) in paragraph (39), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(40) the clean fuel production credit determined under
section 45Z(a).''.
(4) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new item:
``Sec. 45Z. Clean fuel production credit.''.
(5) Section 4101(a)(1), as amended by the preceding
provisions of this Act, is amended by inserting ``every
person producing a fuel eligible for the clean fuel
production credit (pursuant to section 45Z),'' after
``section 6426(k)(3)),''.
(c) Effective Date.--The amendments made by this section
shall apply to transportation fuel produced after December
31, 2024.
PART 8--CREDIT MONETIZATION AND APPROPRIATIONS
SEC. 13801. ELECTIVE PAYMENT FOR ENERGY PROPERTY AND
ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES, ETC.
(a) In General.--Subchapter B of chapter 65 is amended by
inserting after section 6416 the following new section:
``SEC. 6417. ELECTIVE PAYMENT OF APPLICABLE CREDITS.
``(a) In General.--In the case of an applicable entity
making an election (at such time and in such manner as the
Secretary may provide) under this section with respect to any
applicable credit determined with respect to such entity,
such entity shall be treated as making a payment against the
tax imposed by subtitle A (for the taxable year with respect
to which such credit was determined) equal to the amount of
such credit.
``(b) Applicable Credit.--The term `applicable credit'
means each of the following:
``(1) So much of the credit for alternative fuel vehicle
refueling property allowed under section 30C which, pursuant
to subsection (d)(1) of such section, is treated as a credit
listed in section 38(b).
``(2) So much of the renewable electricity production
credit determined under section 45(a) as is attributable to
qualified facilities which are originally placed in service
after December 31, 2022.
``(3) So much of the credit for carbon oxide sequestration
determined under section 45Q(a) as is attributable to carbon
capture equipment which is originally placed in service after
December 31, 2022.
``(4) The zero-emission nuclear power production credit
determined under section 45U(a).
``(5) So much of the credit for production of clean
hydrogen determined under section 45V(a) as is attributable
to qualified clean hydrogen production facilities which are
originally placed in service after December 31, 2012.
``(6) In the case of a tax-exempt entity described in
clause (i), (ii), or (iv) of section 168(h)(2)(A), the credit
for qualified commercial vehicles determined under section
45W by reason of subsection (d)(3) thereof.
``(7) The credit for advanced manufacturing production
under section 45X(a).
``(8) The clean electricity production credit determined
under section 45Y(a).
``(9) The clean fuel production credit determined under
section 45Z(a).
``(10) The energy credit determined under section 48.
``(11) The qualifying advanced energy project credit
determined under section 48C.
``(12) The clean electricity investment credit determined
under section 48E.
``(c) Application to Partnerships and S Corporations.--
``(1) In general.--In the case of any applicable credit
determined with respect to any facility or property held
directly by a partnership or S corporation, any election
under subsection (a) shall be made by such partnership or S
corporation. If such partnership or S corporation makes an
election under such subsection (in such manner as the
Secretary may provide) with respect to such credit--
``(A) the Secretary shall make a payment to such
partnership or S corporation equal to the amount of such
credit,
``(B) subsection (e) shall be applied with respect to such
credit before determining any partner's distributive share,
or shareholder's pro rata share, of such credit,
``(C) any amount with respect to which the election in
subsection (a) is made shall be treated as tax exempt income
for purposes of sections 705 and 1366, and
``(D) a partner's distributive share of such tax exempt
income shall be based on such partner's distributive share of
the otherwise applicable credit for each taxable year.
``(2) Coordination with application at partner or
shareholder level.--In the case of any facility or property
held directly by a partnership or S corporation, no election
by any partner or shareholder shall be allowed under
subsection (a) with respect to any applicable credit
determined with respect to such facility or property.
``(3) Treatment of payments to partnerships and s
corporations.--For purposes of section 1324 of title 31,
United States Code, the payments under paragraph (1)(A) shall
be treated in the same manner as a refund due from a credit
provision referred to in subsection (b)(2) of such section.
``(d) Special Rules.--For purposes of this section--
``(1) Applicable entity.--
``(A) In general.--The term `applicable entity' means--
``(i) any organization exempt from the tax imposed by
subtitle A,
``(ii) any State or political subdivision thereof,
``(iii) the Tennessee Valley Authority,
``(iv) an Indian tribal government (as defined in section
30D(g)(9)),
``(v) any Alaska Native Corporation (as defined in section
3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(m)), or
``(vi) any corporation operating on a cooperative basis
which is engaged in furnishing electric energy to persons in
rural areas.
``(B) Election with respect to credit for production of
clean hydrogen.--If a taxpayer other than an entity described
in subparagraph (A) makes an election under this subparagraph
with respect to any taxable year in which such taxpayer has
placed in service a qualified clean hydrogen production
facility (as defined in section 45V(c)(3)), such taxpayer
shall be treated as an applicable entity for purposes of this
section for such taxable year, but only with respect to the
credit described in subsection (b)(5).
``(C) Election with respect to credit for carbon oxide
sequestration.--If a taxpayer other than an entity described
in subparagraph (A) makes an election under this subparagraph
with respect to any taxable year in which such taxpayer has,
after December 31, 2022, placed in service carbon capture
equipment at a qualified facility (as defined in section
45Q(d)), such taxpayer shall be treated as an applicable
entity for purposes of this section for such taxable year,
but only with respect to the credit described in subsection
(b)(3).
``(D) Election with respect to advanced manufacturing
production credit.--
``(i) In general.--If a taxpayer other than an entity
described in subparagraph (A) makes an election under this
subparagraph with respect to any taxable year in which
[[Page S4278]]
such taxpayer has, after December 31, 2022, produced eligible
components (as defined in section 45X(c)(1)), such taxpayer
shall be treated as an applicable entity for purposes of this
section for such taxable year, but only with respect to the
credit described in subsection (b)(7).
``(ii) Limitation.--
``(I) In general.--Except as provided in subclause (II), if
a taxpayer makes an election under this subparagraph with
respect to any taxable year, such taxpayer shall be treated
as having made such election for each of the 4 succeeding
taxable years ending before January 1, 2033.
``(II) Exception.--A taxpayer may elect to revoke the
application of the election made under this subparagraph to
any taxable year described in subclause (I). Any such
election, if made, shall apply to the applicable year
specified in such election and each subsequent taxable year
within the period described in subclause (I). Any election
under this subclause may not be subsequently revoked.
``(iii) Prohibition on transfer.--For any taxable year
described in clause (ii)(I), no election may be made by the
taxpayer under section 6418(a) for such taxable year with
respect to eligible components for purposes of the credit
described in subsection (b)(7).
``(E) Other rules.--
``(i) In general.--An election made under subparagraph (B),
(C), or (D) shall be made at such time and in such manner as
the Secretary may provide.
``(ii) Limitation.--No election may be made under
subparagraph (B), (C), or (D) with respect to any taxable
year beginning after December 31, 2032.
``(2) Application.--In the case of any applicable entity
which makes the election described in subsection (a), any
applicable credit shall be determined--
``(A) without regard to paragraphs (3) and (4)(A)(i) of
section 50(b), and
``(B) by treating any property with respect to which such
credit is determined as used in a trade or business of the
applicable entity.
``(3) Elections.--
``(A) In general.--
``(i) Due date.--Any election under subsection (a) shall be
made not later than--
``(I) in the case of any government, or political
subdivision, described in paragraph (1) and for which no
return is required under section 6011 or 6033(a), such date
as is determined appropriate by the Secretary, or
``(II) in any other case, the due date (including
extensions of time) for the return of tax for the taxable
year for which the election is made, but in no event earlier
than 180 days after the date of the enactment of this
section.
``(ii) Additional rules.--Any election under subsection
(a), once made, shall be irrevocable and shall apply (except
as otherwise provided in this paragraph) with respect to any
credit for the taxable year for which the election is made.
``(B) Renewable electricity production credit.--In the case
of the credit described in subsection (b)(2), any election
under subsection (a) shall--
``(i) apply separately with respect to each qualified
facility,
``(ii) be made for the taxable year in which such qualified
facility is originally placed in service, and
``(iii) shall apply to such taxable year and to any
subsequent taxable year which is within the period described
in subsection (a)(2)(A)(ii) of section 45 with respect to
such qualified facility.
``(C) Credit for carbon oxide sequestration.--
``(i) In general.--In the case of the credit described in
subsection (b)(3), any election under subsection (a) shall--
``(I) apply separately with respect to the carbon capture
equipment originally placed in service by the applicable
entity during a taxable year, and
``(II)(aa) in the case of a taxpayer who makes an election
described in paragraph (1)(C), apply to the taxable year in
which such equipment is placed in service and the 4
subsequent taxable years with respect to such equipment which
end before January 1, 2033, and
``(bb) in any other case, apply to such taxable year and to
any subsequent taxable year which is within the period
described in paragraph (3)(A) or (4)(A) of section 45Q(a)
with respect to such equipment.
``(ii) Prohibition on transfer.--For any taxable year
described in clause (i)(II)(aa) with respect to carbon
capture equipment, no election may be made by the taxpayer
under section 6418(a) for such taxable year with respect to
such equipment for purposes of the credit described in
subsection (b)(3).
``(iii) Revocation of election.--In the case of a taxpayer
who makes an election described in paragraph (1)(C) with
respect to carbon capture equipment, such taxpayer may, at
any time during the period described in clause (i)(II)(aa),
revoke the application of such election with respect to such
equipment for any subsequent taxable years during such
period. Any such election, if made, shall apply to the
applicable year specified in such election and each
subsequent taxable year within the period described in clause
(i)(II)(aa). Any election under this subclause may not be
subsequently revoked.
``(D) Credit for production of clean hydrogen.--
``(i) In general.--In the case of the credit described in
subsection (b)(5), any election under subsection (a) shall--
``(I) apply separately with respect to each qualified clean
hydrogen production facility,
``(II) be made for the taxable year in which such facility
is placed in service (or within the 1-year period subsequent
to the date of enactment of this section in the case of
facilities placed in service before December 31, 2022), and
``(III)(aa) in the case of a taxpayer who makes an election
described in paragraph (1)(B), apply to such taxable year and
the 4 subsequent taxable years with respect to such facility
which end before January 1, 2033, and
``(bb) in any other case, apply to such taxable year and
all subsequent taxable years with respect to such facility.
``(ii) Prohibition on transfer.--For any taxable year
described in clause (i)(III)(aa) with respect to a qualified
clean hydrogen production facility, no election may be made
by the taxpayer under section 6418(a) for such taxable year
with respect to such facility for purposes of the credit
described in subsection (b)(5).
``(iii) Revocation of election.--In the case of a taxpayer
who makes an election described in paragraph (1)(B) with
respect to a qualified clean hydrogen production facility,
such taxpayer may, at any time during the period described in
clause (i)(III)(aa), revoke the application of such election
with respect to such facility for any subsequent taxable
years during such period. Any such election, if made, shall
apply to the applicable year specified in such election and
each subsequent taxable year within the period described in
clause (i)(II)(aa). Any election under this subclause may not
be subsequently revoked.
``(E) Clean electricity production credit.--In the case of
the credit described in subsection (b)(8), any election under
subsection (a) shall--
``(i) apply separately with respect to each qualified
facility,
``(ii) be made for the taxable year in which such facility
is placed in service, and
``(iii) shall apply to such taxable year and to any
subsequent taxable year which is within the period described
in subsection (b)(1)(B) of section 45Y with respect to such
facility.
``(4) Timing.--The payment described in subsection (a)
shall be treated as made on--
``(A) in the case of any government, or political
subdivision, described in paragraph (1) and for which no
return is required under section 6011 or 6033(a), the later
of the date that a return would be due under section 6033(a)
if such government or subdivision were described in that
section or the date on which such government or subdivision
submits a claim for credit or refund (at such time and in
such manner as the Secretary shall provide), and
``(B) in any other case, the later of the due date
(determined without regard to extensions) of the return of
tax for the taxable year or the date on which such return is
filed.
``(5) Additional information.--As a condition of, and prior
to, any amount being treated as a payment which is made by an
applicable entity under subsection (a), the Secretary may
require such information or registration as the Secretary
deems necessary for purposes of preventing duplication,
fraud, improper payments, or excessive payments under this
section.
``(6) Excessive payment.--
``(A) In general.--In the case of any amount treated as a
payment which is made by the applicable entity under
subsection (a), or the amount of the payment made pursuant to
subsection (c), which the Secretary determines constitutes an
excessive payment, the tax imposed on such entity by chapter
1 (regardless of whether such entity would otherwise be
subject to tax under such chapter) for the taxable year in
which such determination is made shall be increased by an
amount equal to the sum of--
``(i) the amount of such excessive payment, plus
``(ii) an amount equal to 20 percent of such excessive
payment.
``(B) Reasonable cause.--Subparagraph (A)(ii) shall not
apply if the applicable entity demonstrates to the
satisfaction of the Secretary that the excessive payment
resulted from reasonable cause.
``(C) Excessive payment defined.--For purposes of this
paragraph, the term `excessive payment' means, with respect
to a facility or property for which an election is made under
this section for any taxable year, an amount equal to the
excess of--
``(i) the amount treated as a payment which is made by the
applicable entity under subsection (a), or the amount of the
payment made pursuant to subsection (c), with respect to such
facility or property for such taxable year, over
``(ii) the amount of the credit which, without application
of this section, would be otherwise allowable (as determined
pursuant to paragraph (2) and without regard to section
38(c)) under this title with respect to such facility or
property for such taxable year.
``(e) Denial of Double Benefit.--In the case of an
applicable entity making an election under this section with
respect to an applicable credit, such credit shall be reduced
to zero and shall, for any other purposes under this title,
be deemed to have been allowed to such entity for such
taxable year.
``(f) Mirror Code Possessions.--In the case of any
possession of the United States with a mirror code tax system
(as defined in
[[Page S4279]]
section 24(k)), this section shall not be treated as part of
the income tax laws of the United States for purposes of
determining the income tax law of such possession unless such
possession elects to have this section be so treated.
``(g) Basis Reduction and Recapture.--Except as otherwise
provided in subsection (c)(2)(A), rules similar to the rules
of section 50 shall apply for purposes of this section.
``(h) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary to carry
out the purposes of this section, including guidance to
ensure that the amount of the payment or deemed payment made
under this section is commensurate with the amount of the
credit that would be otherwise allowable (determined without
regard to section 38(c)).''.
(b) Transfer of Certain Credits.--Subchapter B of chapter
65, as amended by subsection (a), is amended by inserting
after section 6417 the following new section:
``SEC. 6418. TRANSFER OF CERTAIN CREDITS.
``(a) In General.--In the case of an eligible taxpayer
which elects to transfer all (or any portion specified in the
election) of an eligible credit determined with respect to
such taxpayer for any taxable year to a taxpayer (referred to
in this section as the `transferee taxpayer') which is not
related (within the meaning of section 267(b) or 707(b)(1))
to the eligible taxpayer, the transferee taxpayer specified
in such election (and not the eligible taxpayer) shall be
treated as the taxpayer for purposes of this title with
respect to such credit (or such portion thereof).
``(b) Treatment of Payments Made in Connection With
Transfer.--With respect to any amount paid by a transferee
taxpayer to an eligible taxpayer as consideration for a
transfer described in subsection (a), such consideration--
``(1) shall be required to be paid in cash,
``(2) shall not be includible in gross income of the
eligible taxpayer, and
``(3) with respect to the transferee taxpayer, shall not be
deductible under this title.
``(c) Application to Partnerships and S Corporations.--
``(1) In general.--In the case of any eligible credit
determined with respect to any facility or property held
directly by a partnership or S corporation, if such
partnership or S corporation makes an election under
subsection (a) (in such manner as the Secretary may provide)
with respect to such credit--
``(A) any amount received as consideration for a transfer
described in such subsection shall be treated as tax exempt
income for purposes of sections 705 and 1366, and
``(B) a partner's distributive share of such tax exempt
income shall be based on such partner's distributive share of
the otherwise eligible credit for each taxable year.
``(2) Coordination with application at partner or
shareholder level.--In the case of any facility or property
held directly by a partnership or S corporation, no election
by any partner or shareholder shall be allowed under
subsection (a) with respect to any eligible credit determined
with respect to such facility or property.
``(d) Taxable Year in Which Credit Taken Into Account.--In
the case of any credit (or portion thereof) with respect to
which an election is made under subsection (a), such credit
shall be taken into account in the first taxable year of the
transferee taxpayer ending with, or after, the taxable year
of the eligible taxpayer with respect to which the credit was
determined.
``(e) Limitations on Election.--
``(1) Time for election.--An election under subsection (a)
to transfer any portion of an eligible credit shall be made
not later than the due date (including extensions of time)
for the return of tax for the taxable year for which the
credit is determined, but in no event earlier than 180 days
after the date of the enactment of this section. Any such
election, once made, shall be irrevocable.
``(2) No additional transfers.--No election may be made
under subsection (a) by a transferee taxpayer with respect to
any portion of an eligible credit which has been previously
transferred to such taxpayer pursuant to this section.
``(f) Definitions.--For purposes of this section--
``(1) Eligible credit.--
``(A) In general.--The term `eligible credit' means each of
the following:
``(i) So much of the credit for alternative fuel vehicle
refueling property allowed under section 30C which, pursuant
to subsection (d)(1) of such section, is treated as a credit
listed in section 38(b).
``(ii) The renewable electricity production credit
determined under section 45(a).
``(iii) The credit for carbon oxide sequestration
determined under section 45Q(a).
``(iv) The zero-emission nuclear power production credit
determined under section 45U(a).
``(v) The clean hydrogen production credit determined under
section 45V(a).
``(vi) The advanced manufacturing production credit
determined under section 45X(a).
``(vii) The clean electricity production credit determined
under section 45Y(a).
``(viii) The clean fuel production credit determined under
section 45Z(a).
``(ix) The energy credit determined under section 48.
``(x) The qualifying advanced energy project credit
determined under section 48C.
``(xi) The clean electricity investment credit determined
under section 48E.
``(B) Election for certain credits.--In the case of any
eligible credit described in clause (ii), (iii), (v), or
(vii) of subparagraph (A), an election under subsection (a)
shall be made--
``(i) separately with respect to each facility for which
such credit is determined, and
``(ii) for each taxable year during the 10-year period
beginning on the date such facility was originally placed in
service (or, in the case of the credit described in clause
(iii), for each year during the 12-year period beginning on
the date the carbon capture equipment was originally placed
in service at such facility).
``(C) Exception for business credit carryforwards or
carrybacks.--The term `eligible credit' shall not include any
business credit carryforward or business credit carryback
determined under section 39.
``(2) Eligible taxpayer.--The term `eligible taxpayer'
means any taxpayer which is not described in section
6417(d)(1)(A).
``(g) Special Rules.--For purposes of this section--
``(1) Additional information.--As a condition of, and prior
to, any transfer of any portion of an eligible credit
pursuant to subsection (a), the Secretary may require such
information (including, in such form or manner as is
determined appropriate by the Secretary, such information
returns) or registration as the Secretary deems necessary for
purposes of preventing duplication, fraud, improper payments,
or excessive payments under this section.
``(2) Excessive credit transfer.--
``(A) In general.--In the case of any portion of an
eligible credit which is transferred to a transferee taxpayer
pursuant to subsection (a) which the Secretary determines
constitutes an excessive credit transfer, the tax imposed on
the transferee taxpayer by chapter 1 (regardless of whether
such entity would otherwise be subject to tax under such
chapter) for the taxable year in which such determination is
made shall be increased by an amount equal to the sum of--
``(i) the amount of such excessive credit transfer, plus
``(ii) an amount equal to 20 percent of such excessive
credit transfer.
``(B) Reasonable cause.--Subparagraph (A)(ii) shall not
apply if the transferee taxpayer demonstrates to the
satisfaction of the Secretary that the excessive credit
transfer resulted from reasonable cause.
``(C) Excessive credit transfer defined.--For purposes of
this paragraph, the term `excessive credit transfer' means,
with respect to a facility or property for which an election
is made under subsection (a) for any taxable year, an amount
equal to the excess of--
``(i) the amount of the eligible credit claimed by the
transferee taxpayer with respect to such facility or property
for such taxable year, over
``(ii) the amount of such credit which, without application
of this section, would be otherwise allowable under this
title with respect to such facility or property for such
taxable year.
``(3) Basis reduction; notification of recapture.--In the
case of any election under subsection (a) with respect to any
portion of an eligible credit described in clauses (ix)
through (xi) of subsection (f)(1)(A)--
``(A) subsection (c) of section 50 shall apply to the
applicable investment credit property (as defined in
subsection (a)(5) of such section) as if such eligible credit
was allowed to the eligible taxpayer, and
``(B) if, during any taxable year, the applicable
investment credit property (as defined in subsection (a)(5)
of section 50) is disposed of, or otherwise ceases to be
investment credit property with respect to the eligible
taxpayer, before the close of the recapture period (as
described in subsection (a)(1) of such section)--
``(i) such eligible taxpayer shall provide notice of such
occurrence to the transferee taxpayer (in such form and
manner as the Secretary shall prescribe), and
``(ii) the transferee taxpayer shall provide notice of the
recapture amount (as defined in subsection (c)(2) of such
section), if any, to the eligible taxpayer (in such form and
manner as the Secretary shall prescribe).
``(4) Prohibition on election or transfer with respect to
progress expenditures.--This section shall not apply with
respect to any amount of an eligible credit which is allowed
pursuant to rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
date of the enactment of the Revenue Reconciliation Act of
1990).
``(h) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary to carry
out the purposes of this section, including regulations or
other guidance providing rules for determining a partner's
distributive share of the tax exempt income described in
subsection (c)(1).''.
(c) Real Estate Investment Trusts.--Section 50(d) is
amended by adding at the end the following: ``In the case of
a real estate investment trust making an election under
section 6418, paragraphs (1)(B) and (2)(B) of the section
46(e) referred to in paragraph (1) of this subsection shall
not apply to any investment credit property of such real
estate investment trust to which such election applies.''.
(d) 3-year Carryback for Applicable Credits.--Section 39(a)
is amended by adding at the end the following:
``(4) 3-year carryback for applicable credits.--
Notwithstanding subsection (d), in
[[Page S4280]]
the case of any applicable credit (as defined in section
6417(b))--
``(A) this section shall be applied separately from the
business credit (other than the applicable credit),
``(B) paragraph (1) shall be applied by substituting `each
of the 3 taxable years' for `the taxable year' in
subparagraph (A) thereof, and
``(C) paragraph (2) shall be applied--
``(i) by substituting `23 taxable years' for `21 taxable
years' in subparagraph (A) thereof, and
``(ii) by substituting `22 taxable years' for `20 taxable
years' in subparagraph (B) thereof.''.
(e) Clerical Amendment.--The table of sections for
subchapter B of chapter 65 is amended by inserting after the
item relating to section 6416 the following new items:
``Sec. 6417. Elective payment of applicable credits.
``Sec. 6418. Transfer of certain credits.''.
(f) Gross-up of Direct Spending.--Beginning in fiscal year
2023 and each fiscal year thereafter, the portion of any
payment made to a taxpayer pursuant to an election under
section 6417 of the Internal Revenue Code of 1986, or any
amount treated as a payment which is made by the taxpayer
under subsection (a) of such section, that is direct spending
shall be increased by 6.0445 percent.
(g) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 13802. APPROPRIATIONS.
Immediately upon the enactment of this Act, in addition to
amounts otherwise available, there are appropriated for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $500,000,000 to remain available
until September 30, 2031, for necessary expenses for the
Internal Revenue Service to carry out this subtitle (and the
amendments made by this subtitle), which shall supplement and
not supplant any other appropriations that may be available
for this purpose.
PART 9--OTHER PROVISIONS
SEC. 13901. PERMANENT EXTENSION OF TAX RATE TO FUND BLACK
LUNG DISABILITY TRUST FUND.
(a) In General.--Section 4121 is amended by striking
subsection (e).
(b) Effective Date.--The amendment made by this section
shall apply to sales in calendar quarters beginning after the
date of the enactment of this Act.
SEC. 13902. INCREASE IN RESEARCH CREDIT AGAINST PAYROLL TAX
FOR SMALL BUSINESSES.
(a) In General.--Clause (i) of section 41(h)(4)(B) is
amended--
(1) by striking ``Amount.--The amount'' and inserting
``Amount.--
``(I) In general.--The amount'', and
(2) by adding at the end the following new subclause:
``(II) Increase.--In the case of taxable years beginning
after December 31, 2022, the amount in subclause (I) shall be
increased by $250,000.''.
(b) Allowance of Credit.--
(1) In general.--Paragraph (1) of section 3111(f) is
amended--
(A) by striking ``for a taxable year, there shall be
allowed'' and inserting ``for a taxable year--
``(A) there shall be allowed'',
(B) by striking ``equal to the'' and inserting ``equal to
so much of the'',
(C) by striking the period at the end and inserting ``as
does not exceed the limitation of subclause (I) of section
41(h)(4)(B)(i) (applied without regard to subclause (II)
thereof), and'', and
(D) by adding at the end the following new subparagraph:
``(B) there shall be allowed as a credit against the tax
imposed by subsection (b) for the first calendar quarter
which begins after the date on which the taxpayer files the
return specified in section 41(h)(4)(A)(ii) an amount equal
to so much of the payroll tax credit portion determined under
section 41(h)(2) as is not allowed as a credit under
subparagraph (A).''.
(2) Limitation.--Paragraph (2) of section 3111(f) is
amended--
(A) by striking ``paragraph (1)'' and inserting ``paragraph
(1)(A)'', and
(B) by inserting ``, and the credit allowed by paragraph
(1)(B) shall not exceed the tax imposed by subsection (b) for
any calendar quarter,'' after ``calendar quarter''.
(3) Carryover.--Paragraph (3) of section 3111(f) is amended
by striking ``the credit'' and inserting ``any credit''.
(4) Deduction allowed.--Paragraph (4) of section 3111(f) is
amended--
(A) by striking ``credit'' and inserting ``credits'', and
(B) by striking ``subsection (a)'' and inserting
``subsection (a) or (b)''.
(c) Aggregation Rules.--Clause (ii) of section 41(h)(5)(B)
is amended by striking ``the $250,000 amount'' and inserting
``each of the $250,000 amounts''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 13903. TAX TREATMENT OF CERTAIN ASSISTANCE TO FARMERS,
ETC.
For purposes of the Internal Revenue Code of 1986, in the
case of any payment described in section 1006(e) of the
American Rescue Plan Act of 2021 (as amended by section 22007
of this Act) or section 22006 of this Act--
(1) such payment shall not be included in the gross income
of the person on whose behalf, or to whom, such payment is
made,
(2) no deduction shall be denied, no tax attribute shall be
reduced, and no basis increase shall be denied, by reason of
the exclusion from gross income provided by paragraph (1),
and
(3) in the case of a partnership or S corporation on whose
behalf, or to whom, such a payment is made--
(A) any amount excluded from income by reason of paragraph
(1) shall be treated as tax exempt income for purposes of
sections 705 and 1366 of such Code, and
(B) except as provided by the Secretary of the Treasury (or
the Secretary's delegate), any increase in the adjusted basis
of a partner's interest in a partnership under section 705 of
such Code with respect to any amount described in
subparagraph (A) shall equal the partner's distributive share
of deductions resulting from interest that is part of such
payment and the partner's share, as determined under section
752 of such Code, of principal that is part of such payment.
TITLE II--COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
Subtitle A--General Provisions
SEC. 20001. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary
of Agriculture.
Subtitle B--Conservation
SEC. 21001. ADDITIONAL AGRICULTURAL CONSERVATION INVESTMENTS.
(a) Appropriations.--In addition to amounts otherwise
available (and subject to subsection (b)), there are
appropriated to the Secretary, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2031 (subject to the condition that no
such funds may be disbursed after September 30, 2031)--
(1) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the environmental quality
incentives program under subchapter A of chapter 4 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3839aa through 3839aa-8)--
(A)(i) $250,000,000 for fiscal year 2023;
(ii) $1,750,000,000 for fiscal year 2024;
(iii) $3,000,000,000 for fiscal year 2025; and
(iv) $3,450,000,000 for fiscal year 2026; and
(B) subject to the conditions on the use of the funds
that--
(i) section 1240B(f)(1) of the Food Security Act of 1985
(16 U.S.C. 3839aa-2(f)(1)) shall not apply;
(ii) section 1240H(c)(2) of the Food Security Act of 1985
(16 U.S.C. 3839aa-8(c)(2)) shall be applied--
(I) by substituting ``$50,000,000'' for ``$25,000,000'';
and
(II) with the Secretary prioritizing proposals that utilize
diet and feed management to reduce enteric methane emissions
from ruminants; and
(iii) the funds shall be available for 1 or more
agricultural conservation practices or enhancements that the
Secretary determines directly improve soil carbon, reduce
nitrogen losses, or reduce, capture, avoid, or sequester
carbon dioxide, methane, or nitrous oxide emissions,
associated with agricultural production;
(2) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the conservation
stewardship program under subchapter B of that chapter (16
U.S.C. 3839aa-21 through 3839aa-25)--
(A)(i) $250,000,000 for fiscal year 2023;
(ii) $500,000,000 for fiscal year 2024;
(iii) $1,000,000,000 for fiscal year 2025; and
(iv) $1,500,000,000 for fiscal year 2026; and
(B) subject to the condition on the use of the funds that
the funds shall only be available for 1 or more agricultural
conservation practices, enhancements, or bundles that the
Secretary determines directly improve soil carbon, reduce
nitrogen losses, or reduce, capture, avoid, or sequester
carbon dioxide, methane, or nitrous oxide emissions,
associated with agricultural production;
(3) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the agricultural
conservation easement program under subtitle H of title XII
of that Act (16 U.S.C. 3865 through 3865d) for easements or
interests in land that will most reduce, capture, avoid, or
sequester carbon dioxide, methane, or nitrous oxide emissions
associated with land eligible for the program--
(A) $100,000,000 for fiscal year 2023;
(B) $200,000,000 for fiscal year 2024;
(C) $500,000,000 for fiscal year 2025; and
(D) $600,000,000 for fiscal year 2026; and
(4) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the regional conservation
partnership program under subtitle I of title XII of that Act
(16 U.S.C. 3871 through 3871f)--
(A)(i) $250,000,000 for fiscal year 2023;
(ii) $800,000,000 for fiscal year 2024;
(iii) $1,500,000,000 for fiscal year 2025; and
(iv) $2,400,000,000 for fiscal year 2026; and
(B) subject to the conditions on the use of the funds
that--
(i) section 1271C(d)(2)(B) of the Food Security Act of 1985
(16 U.S.C. 3871c(d)(2)(B)) shall not apply; and
(ii) the Secretary shall prioritize partnership agreements
under section 1271C(d) of the Food Security Act of 1985 (16
U.S.C. 3871c(d)) that support the implementation of
conservation projects that assist agricultural producers and
nonindustrial private forestland owners in directly improving
soil carbon, reducing nitrogen losses, or reducing,
capturing, avoiding, or sequestering carbon dioxide, methane,
or nitrous oxide emissions, associated with agricultural
production.
[[Page S4281]]
(b) Conditions.--The funds made available under subsection
(a) are subject to the conditions that the Secretary shall
not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; or
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this section.
(c) Conforming Amendments.--
(1) Section 1240B of the Food Security Act of 1985 (16
U.S.C. 3839aa-2) is amended--
(A) in subsection (a), by striking ``2023'' and inserting
``2031''; and
(B) in subsection (f)(2)(B)--
(i) in the subparagraph heading, by striking ``2023'' and
inserting ``2031''; and
(ii) by striking ``2023'' and inserting ``2031''.
(2) Section 1240H of the Food Security Act of 1985 (16
U.S.C. 3839aa-8) is amended by striking ``2023'' each place
it appears and inserting ``2031''.
(3) Section 1240J(a) of the Food Security Act of 1985 (16
U.S.C. 3839aa-22(a)) is amended, in the matter preceding
paragraph (1), by striking ``2023'' and inserting ``2031''.
(4) Section 1240L(h)(2)(A) of the Food Security Act of 1985
(16 U.S.C. 3839aa-24(h)(2)(A)) is amended by striking
``2023'' and inserting ``2031''.
(5) Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``2023'' and inserting ``2031'';
(ii) in paragraph (2)(F), by striking ``2023'' and
inserting ``2031''; and
(iii) in paragraph (3), by striking ``fiscal year 2023''
each place it appears and inserting ``each of fiscal years
2023 through 2031'';
(B) in subsection (b), by striking ``2023'' and inserting
``2031''; and
(C) in subsection (h)--
(i) in paragraph (1)(B), in the subparagraph heading, by
striking ``2023'' and inserting ``2031''; and
(ii) by striking ``2023'' each place it appears and
inserting ``2031''.
(6) Section 1244(n)(3)(A) of the Food Security Act of 1985
(16 U.S.C. 3844(n)(3)(A)) is amended by striking ``2023'' and
inserting ``2031''.
(7) Section 1271D(a) of the Food Security Act of 1985 (16
U.S.C. 3871d(a)) is amended by striking ``2023'' and
inserting ``2031''.
SEC. 21002. CONSERVATION TECHNICAL ASSISTANCE.
(a) Appropriations.--In addition to amounts otherwise
available (and subject to subsection (b)), there are
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2031 (subject to the
condition that no such funds may be disbursed after September
30, 2031)--
(1) $1,000,000,000 to provide conservation technical
assistance through the Natural Resources Conservation
Service; and
(2) $300,000,000 to carry out a program to quantify carbon
sequestration and carbon dioxide, methane, and nitrous oxide
emissions, through which the Natural Resources Conservation
Service shall collect field-based data to assess the carbon
sequestration and reduction in carbon dioxide, methane, and
nitrous oxide emissions outcomes associated with activities
carried out pursuant to this section and use the data to
monitor and track those carbon sequestration and emissions
trends through the Greenhouse Gas Inventory and Assessment
Program of the Department of Agriculture.
(b) Conditions.--The funds made available under this
section are subject to the conditions that the Secretary
shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031;
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this section; or
(3) interpret this section to authorize funds of the
Commodity Credit Corporation for activities under this
section if such funds are not expressly authorized or
currently expended for such purposes.
(c) Administrative Costs.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
September 30, 2028, for administrative costs of the agencies
and offices of the Department of Agriculture for costs
related to implementing this section.
Subtitle C--Rural Development and Agricultural Credit
SEC. 22001. ADDITIONAL FUNDING FOR ELECTRIC LOANS FOR
RENEWABLE ENERGY.
Section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103) is amended by adding at the end the
following:
``(h) Additional Funding for Electric Loans for Renewable
Energy.--
``(1) Appropriations.--Notwithstanding subsections (a)
through (e), and (g), in addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,000,000,000, to remain available until
September 30, 2031, for the cost of loans under section 317
of the Rural Electrification Act of 1936 (7 U.S.C. 940g),
including for projects that store electricity that support
the types of eligible projects under that section, which
shall be forgiven in an amount that is not greater than 50
percent of the loan based on how the borrower and the project
meets the terms and conditions for loan forgiveness
consistent with the purposes of that section established by
the Secretary, except as provided in paragraph (3).
``(2) Limitation.--The Secretary shall not enter into any
loan agreement pursuant this subsection that could result in
disbursements after September 30, 2031.
``(3) Exception.--The Secretary shall establish criteria
for waiving the 50 percent limitation described in paragraph
(1).''.
SEC. 22002. RURAL ENERGY FOR AMERICA PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary, out of any
money in the Treasury not otherwise appropriated, for
eligible projects under section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), and
notwithstanding section 9007(c)(3)(A) of that Act, the amount
of a grant shall not exceed 50 percent of the cost of the
activity carried out using the grant funds--
(1) $820,250,000 for fiscal year 2022, to remain available
until September 30, 2031; and
(2) $180,276,500 for each of fiscal years 2023 through
2027, to remain available until September 30, 2031.
(b) Underutilized Renewable Energy Technologies.--In
addition to amounts otherwise available, there is
appropriated to the Secretary, out of any money in the
Treasury not otherwise appropriated, to provide grants and
loans guaranteed by the Secretary (including the costs of
such loans) under the program described in subsection (a)
relating to underutilized renewable energy technologies, and
to provide technical assistance for applying to the program
described in subsection (a), including for underutilized
renewable energy technologies, notwithstanding section
9007(c)(3)(A) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107(c)(3)(A)), the amount of a grant shall
not exceed 50 percent of the cost of the activity carried out
using the grant funds, and to the extent the following
amounts remain available at the end of each fiscal year, the
Secretary shall use such amounts in accordance with
subsection (a)--
(1) $144,750,000 for fiscal year 2022, to remain available
until September 30, 2031; and
(2) $31,813,500 for each of fiscal years 2023 through 2027,
to remain available until September 30, 2031.
(c) Limitation.--The Secretary shall not enter into,
pursuant to this section--
(1) any loan agreement that may result in a disbursement
after September 30, 2031; or
(2) any grant agreement that may result in any outlay after
September 30, 2031.
SEC. 22003. BIOFUEL INFRASTRUCTURE AND AGRICULTURE PRODUCT
MARKET EXPANSION.
Section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103) (as amended by section 22001) is
amended by adding at the end the following:
``(i) Biofuel Infrastructure and Agriculture Product Market
Expansion.--
``(1) Appropriation.--Notwithstanding subsections (a)
through (e) and subsection (g), in addition to amounts
otherwise available, there is appropriated to the Secretary
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $500,000,000, to remain available
until September 30, 2031, to carry out this subsection.
``(2) Use of funds.--The Secretary shall use the amounts
made available by paragraph (1) to provide grants, for which
the Federal share shall be not more than 75 percent of the
total cost of carrying out a project for which the grant is
provided, on a competitive basis, to increase the sale and
use of agricultural commodity-based fuels through
infrastructure improvements for blending, storing, supplying,
or distributing biofuels, except for transportation
infrastructure not on location where such biofuels are
blended, stored, supplied, or distributed--
``(A) by installing, retrofitting, or otherwise upgrading
fuel dispensers or pumps and related equipment, storage tank
system components, and other infrastructure required at a
location related to dispensing certain biofuel blends to
ensure the increased sales of fuels with high levels of
commodity-based ethanol and biodiesel that are at or greater
than the levels required in the Notice of Funding
Availability for the Higher Blends Infrastructure Incentive
Program for Fiscal Year 2020, published in the Federal
Register (85 Fed. Reg. 26656), as determined by the
Secretary; and
``(B) by building and retrofitting home heating oil
distribution centers or equivalent entities and distribution
systems for ethanol and biodiesel blends.''.
SEC. 22004. USDA ASSISTANCE FOR RURAL ELECTRIC COOPERATIVES.
Section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103) (as amended by section 22003) is
amended by adding at the end the following:
``(j) USDA Assistance for Rural Electric Cooperatives.--
``(1) Appropriation.--Notwithstanding subsections (a)
through (e) and (g), in addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not
[[Page S4282]]
otherwise appropriated, $9,700,000,000, to remain available
until September 30, 2031, for the long-term resiliency,
reliability, and affordability of rural electric systems by
providing to an eligible entity (defined as an electric
cooperative described in section 501(c)(12) or 1381(a)(2) of
the Internal Revenue Code of 1986 and is or has been a Rural
Utilities Service electric loan borrower pursuant to the
Rural Electrification Act of 1936 or serving a predominantly
rural area or a wholly or jointly owned subsidiary of such
electric cooperative) loans, modifications of loans, the cost
of loans and modifications, and other financial assistance to
achieve the greatest reduction in carbon dioxide, methane,
and nitrous oxide emissions associated with rural electric
systems through the purchase of renewable energy, renewable
energy systems, and zero-emission systems, to deploy such
systems, or to make energy efficiency improvements to
electric generation and transmission systems of the eligible
entity after the date of enactment of this subsection.
``(2) Limitation.--No eligible entity may receive an amount
equal to more than 10 percent of the total amount made
available by this subsection.
``(3) Requirement.--The amount of a grant under this
subsection shall be not more than 25 percent of the total
project costs of the eligible entity carrying out a project
using a grant under this subsection.
``(4) Prohibition.--Nothing in this subsection shall be
interpreted to authorize funds of the Commodity Credit
Corporation for activities under this subsection if such
funds are not expressly authorized or currently expended for
such purposes.
``(5) Disbursements.--The Secretary shall not enter into,
pursuant to this subsection--
``(A) any loan agreement that may result in a disbursement
after September 30, 2031; or
``(B) any grant agreement that may result in any outlay
after September 30, 2031.''.
SEC. 22005. ADDITIONAL USDA RURAL DEVELOPMENT ADMINISTRATIVE
FUNDS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2031,
for administrative costs and salaries and expenses for the
Rural Development mission area and administrative costs of
the agencies and offices of the Department for costs related
to implementing this subtitle.
SEC. 22006. FARM LOAN IMMEDIATE RELIEF FOR BORROWERS WITH AT-
RISK AGRICULTURAL OPERATIONS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
amounts in the Treasury not otherwise appropriated,
$3,100,000,000, to remain available until September 30, 2031,
to provide payments to, for the cost of loans or loan
modifications for, or to carry out section 331(b)(4) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1981(b)(4)) with respect to distressed borrowers of direct or
guaranteed loans administered by the Farm Service Agency
under subtitle A, B, or C of that Act (7 U.S.C. 1922 through
1970). In carrying out this section, the Secretary shall
provide relief to those borrowers whose agricultural
operations are at financial risk as expeditiously as
possible, as determined by the Secretary.
SEC. 22007. USDA ASSISTANCE AND SUPPORT FOR UNDERSERVED
FARMERS, RANCHERS, AND FORESTERS.
Section 1006 of the American Rescue Plan Act of 2021 (7
U.S.C. 2279 note; Public Law 117-2) is amended to read as
follows:
``SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR UNDERSERVED
FARMERS, RANCHERS, FORESTERS.
``(a) Technical and Other Assistance.--In addition to
amounts otherwise available, there is appropriated to the
Secretary of Agriculture for fiscal year 2022, to remain
available until September 30, 2031, out of any money in the
Treasury not otherwise appropriated, $125,000,000 to provide
outreach, mediation, financial training, capacity building
training, cooperative development and agricultural credit
training and support, and other technical assistance on
issues concerning food, agriculture, agricultural credit,
agricultural extension, rural development, or nutrition to
underserved farmers, ranchers, or forest landowners,
including veterans, limited resource producers, beginning
farmers and ranchers, and farmers, ranchers, and forest
landowners living in high poverty areas.
``(b) Land Loss Assistance.--In addition to amounts
otherwise available, there is appropriated to the Secretary
of Agriculture for fiscal year 2022, to remain available
until September 30, 2031, out of any money in the Treasury
not otherwise appropriated, $250,000,000 to provide grants
and loans to eligible entities, as determined by the
Secretary, to improve land access (including heirs' property
and fractionated land issues) for underserved farmers,
ranchers, and forest landowners, including veterans, limited
resource producers, beginning farmers and ranchers, and
farmers, ranchers, and forest landowners living in high
poverty areas.
``(c) Equity Commissions.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Agriculture for fiscal year 2022, to remain available until
September 30, 2031, out of any money in the Treasury not
otherwise appropriated, $10,000,000 to fund the activities of
one or more equity commissions that will address racial
equity issues within the Department of Agriculture and the
programs of the Department of Agriculture.
``(d) Research, Education, and Extension.--In addition to
amounts otherwise available, there is appropriated to the
Secretary of Agriculture for fiscal year 2022, to remain
available until September 30, 2031, out of any money in the
Treasury not otherwise appropriated, $250,000,000 to support
and supplement agricultural research, education, and
extension, as well as scholarships and programs that provide
internships and pathways to agricultural sector or Federal
employment, for 1890 Institutions (as defined in section 2 of
the Agricultural, Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7601)), 1994 Institutions (as defined
in section 532 of the Equity in Educational Land-Grant Status
Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)), Alaska
Native serving institutions and Native Hawaiian serving
institutions eligible to receive grants under subsections (a)
and (b), respectively, of section 1419B of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3156), Hispanic-serving institutions eligible
to receive grants under section 1455 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3241), and the insular area institutions of
higher education located in the territories of the United
States, as referred to in section 1489 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3361).
``(e) Discrimination Financial Assistance.--In addition to
amounts otherwise available, there is appropriated to the
Secretary of Agriculture for fiscal year 2022, to remain
available until September 30, 2031, out of any money in the
Treasury not otherwise appropriated, $2,200,000,000 for a
program to provide financial assistance, including the cost
of any financial assistance, to farmers, ranchers, or forest
landowners determined to have experienced discrimination
prior to January 1, 2021, in Department of Agriculture farm
lending programs, under which the amount of financial
assistance provided to a recipient may be not more than
$500,000, as determined to be appropriate based on any
consequences experienced from the discrimination, which
program shall be administered through 1 or more qualified
nongovernmental entities selected by the Secretary subject to
standards set and enforced by the Secretary.
``(f) Administrative Costs.--In addition to amounts
otherwise available, there is appropriated to the Secretary
of Agriculture for fiscal year 2022, to remain available
until September 30, 2031, out of any money in the Treasury
not otherwise appropriated, $24,000,000 for administrative
costs, including training employees, of the agencies and
offices of the Department of Agriculture to carry out this
section.
``(g) Limitation.--The funds made available under this
section are subject to the condition that the Secretary shall
not--
``(1) enter into any agreement under which any payment
could be outlaid or funds disbursed after September 30, 2031;
or
``(2) use any other funds available to the Secretary to
satisfy obligations initially made under this section.''.
SEC. 22008. REPEAL OF FARM LOAN ASSISTANCE.
Section 1005 of the American Rescue Plan Act of 2021 (7
U.S.C. 1921 note; Public Law 117-2) is repealed.
Subtitle D--Forestry
SEC. 23001. NATIONAL FOREST SYSTEM RESTORATION AND FUELS
REDUCTION PROJECTS.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(1) $1,800,000,000 for hazardous fuels reduction projects
on National Forest System land within the wildland-urban
interface;
(2) $200,000,000 for vegetation management projects on
National Forest System land carried out in accordance with a
plan developed under section 303(d)(1) or 304(a)(3) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6542(d)(1)
or 6543(a)(3));
(3) $100,000,000 to provide for environmental reviews by
the Chief of the Forest Service in satisfying the obligations
of the Chief of the Forest Service under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 through
4370m-12); and
(4) $50,000,000 for the protection of old-growth forests on
National Forest System land and to complete an inventory of
old-growth forests and mature forests within the National
Forest System.
(b) Restrictions.--None of the funds made available by
paragraph (1) or (2) of subsection (a) may be used for any
activity--
(1) conducted in a wilderness area or wilderness study
area;
(2) that includes the construction of a permanent road or
motorized trail;
(3) that includes the construction of a temporary road,
except in the case of a temporary road that is decommissioned
by the Secretary not later than 3 years after the earlier
of--
(A) the date on which the temporary road is no longer
needed; and
(B) the date on which the project for which the temporary
road was constructed is completed;
(4) inconsistent with the applicable land management plan;
[[Page S4283]]
(5) inconsistent with the prohibitions of the rule of the
Forest Service entitled ``Special Areas; Roadless Area
Conservation'' (66 Fed. Reg. 3244 (January 12, 2001)), as
modified by subparts C and D of part 294 of title 36, Code of
Federal Regulations; or
(6) carried out on any land that is not National Forest
System land, including other forested land on Federal, State,
Tribal, or private land.
(c) Limitations.--Nothing in this section shall be
interpreted to authorize funds of the Commodity Credit
Corporation for activities under this section if such funds
are not expressly authorized or currently expended for such
purposes.
(d) Cost-sharing Waiver.--
(1) In general.--The non-Federal cost-share requirement of
a project described in paragraph (2) may be waived at the
discretion of the Secretary.
(2) Project described.--A project referred to in paragraph
(1) is a project that--
(A) is carried out using funds made available under this
section;
(B) requires a partnership agreement, including a
cooperative agreement or mutual interest agreement; and
(C) is subject to a non-Federal cost-share requirement.
(e) Definitions.--In this section:
(1) Decommission.--The term ``decommission'' means, with
respect to a road--
(A) reestablishing native vegetation on the road;
(B) restoring any natural drainage, watershed function, or
other ecological processes that were disrupted or adversely
impacted by the road by removing or hydrologically
disconnecting the road prism and reestablishing stable slope
contours; and
(C) effectively blocking the road to vehicular traffic,
where feasible.
(2) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19
of title 36, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(3) Hazardous fuels reduction project.--The term
``hazardous fuels reduction project'' means an activity,
including the use of prescribed fire, to protect structures
and communities from wildfire that is carried out on National
Forest System land.
(4) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(5) Vegetation management project.--The term ``vegetation
management project'' means an activity carried out on
National Forest System land to enhance the ecological
integrity and achieve the restoration of a forest ecosystem
through the removal of vegetation, the use of prescribed
fire, the restoration of aquatic habitat, or the
decommissioning of an unauthorized, temporary, or system
road.
(6) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 23002. COMPETITIVE GRANTS FOR NON-FEDERAL FOREST
LANDOWNERS.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(1) $150,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2109a) for providing through that program a
cost share to carry out climate mitigation or forest
resilience practices in the case of underserved forest
landowners, subject to the condition that subsection (h) of
that section shall not apply;
(2) $150,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2109a) for providing through that program
grants to support the participation of underserved forest
landowners in emerging private markets for climate mitigation
or forest resilience, subject to the condition that
subsection (h) of that section shall not apply;
(3) $100,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2109a) for providing through that program
grants to support the participation of forest landowners who
own less than 2,500 acres of forest land in emerging private
markets for climate mitigation or forest resilience, subject
to the condition that subsection (h) of that section shall
not apply;
(4) $50,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2109a) to provide grants to states and other
eligible entities to provide payments to owners of private
forest land for implementation of forestry practices on
private forest land, that are determined by the Secretary,
based on the best available science, to provide measurable
increases in carbon sequestration and storage beyond
customary practices on comparable land, subject to the
conditions that--
(A) those payments shall not preclude landowners from
participation in other public and private sector financial
incentive programs; and
(B) subsection (h) of that section shall not apply; and
(5) $100,000,000 to provide grants under the wood
innovation grant program under section 8643 of the
Agriculture Improvement Act of 2018 (7 U.S.C. 7655d),
including for the construction of new facilities that advance
the purposes of the program and for the hauling of material
removed to reduce hazardous fuels to locations where that
material can be utilized, subject to the conditions that--
(A) the amount of such a grant shall be not more than
$5,000,000; and
(B) notwithstanding subsection (d) of that section, a
recipient of such a grant shall provide funds equal to not
less than 50 percent of the amount received under the grant,
to be derived from non-Federal sources.
(b) Cost-sharing Requirement.--Any partnership agreements,
including cooperative agreements and mutual interest
agreements, using funds made available under this section
shall be subject to a non-Federal cost-share requirement of
not less than 20 percent of the project cost, which may be
waived at the discretion of the Secretary.
(c) Limitations.--Nothing in this section shall be
interpreted to authorize funds of the Commodity Credit
Corporation for activities under this section if such funds
are not expressly authorized or currently expended for such
purposes.
SEC. 23003. STATE AND PRIVATE FORESTRY CONSERVATION PROGRAMS.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(1) $700,000,000 to provide competitive grants to States
through the Forest Legacy Program established under section 7
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c) for projects for the acquisition of land and interests
in land; and
(2) $1,500,000,000 to provide multiyear, programmatic,
competitive grants to a State agency, a local governmental
entity, an agency or governmental entity of the District of
Columbia, an agency or governmental entity of an insular area
(as defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)), an Indian Tribe, or a nonprofit organization
through the Urban and Community Forestry Assistance program
established under section 9(c) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2105(c)) for tree planting
and related activities.
(b) Waiver.--Any non-Federal cost-share requirement
otherwise applicable to projects carried out under this
section may be waived at the discretion of the Secretary.
SEC. 23004. LIMITATION.
The funds made available under this subtitle are subject to
the condition that the Secretary shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; or
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this subtitle.
SEC. 23005. ADMINISTRATIVE COSTS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$100,000,000 to remain available until September 30, 2031,
for administrative costs of the agencies and offices of the
Department of Agriculture for costs related to implementing
this subtitle.
TITLE III--COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS
SEC. 30001. ENHANCED USE OF DEFENSE PRODUCTION ACT OF 1950.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, to remain
available until September 30, 2024, to carry out the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.).
SEC. 30002. IMPROVING ENERGY EFFICIENCY OR WATER EFFICIENCY
OR CLIMATE RESILIENCE OF AFFORDABLE HOUSING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $837,500,000, to remain available until September 30,
2028, for the cost of providing direct loans, the costs of
modifying such loans, and for grants, as provided for and
subject to terms and conditions in subsection (b), including
to subsidize gross obligations for the principal amount of
such loans, not to exceed $4,000,000,000, to fund projects
that improve energy or water efficiency, enhance indoor air
quality or sustainability, implement the use of zero-emission
electricity generation, low-emission building materials or
processes, energy storage, or building electrification
strategies, or address climate resilience, of an eligible
property;
(2) $60,000,000, to remain available until September 30,
2030, for the costs to the Secretary for information
technology, research and evaluation, and administering and
overseeing the implementation of this section;
(3) $60,000,000, to remain available until September 30,
2029, for expenses of contracts
[[Page S4284]]
or cooperative agreements administered by the Secretary; and
(4) $42,500,000, to remain available until September 30,
2028, for energy and water benchmarking of properties
eligible to receive grants or loans under this section,
regardless of whether they actually received such grants or
loans, along with associated data analysis and evaluation at
the property and portfolio level, and the development of
information technology systems necessary for the collection,
evaluation, and analysis of such data.
(b) Loan and Grant Terms and Conditions.--Amounts made
available under this section shall be for direct loans,
grants, and direct loans that can be converted to grants to
eligible recipients that agree to an extended period of
affordability for the property.
(c) Definitions.--As used in this section--
(1) the term ``eligible recipient'' means any owner or
sponsor of an eligible property; and
(2) the term ``eligible property'' means a property
assisted pursuant to--
(A) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(B) section 202 of the Housing Act of 1959 (former 12
U.S.C. 1701q), as such section existed before the enactment
of the Cranston-Gonzalez National Affordable Housing Act;
(C) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013);
(D) section 8(b) of the United States Housing Act of 1937
(42 U.S.C. 1437f(b));
(E) section 236 of the National Housing Act (12 U.S.C.
1715z-1); or
(F) a Housing Assistance Payments contract for Project-
Based Rental Assistance in fiscal year 2021.
(d) Waiver.--The Secretary may waive or specify alternative
requirements for any provision of subsection (c) or (bb) of
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f(c), 1437f(bb)) upon a finding that the waiver or
alternative requirement is necessary to facilitate the use of
amounts made available under this section.
(e) Implementation.--The Secretary shall have the authority
to establish by notice any requirements that the Secretary
determines are necessary for timely and effective
implementation of the program and expenditure of funds
appropriated, which requirements shall take effect upon
issuance.
TITLE IV--COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
SEC. 40001. INVESTING IN COASTAL COMMUNITIES AND CLIMATE
RESILIENCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the National Oceanic and
Atmospheric Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$2,600,000,000, to remain available until September 30, 2026,
to provide funding through direct expenditure, contracts,
grants, cooperative agreements, or technical assistance to
coastal states (as defined in paragraph (4) of section 304 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4))),
the District of Columbia, Tribal Governments, nonprofit
organizations, local governments, and institutions of higher
education (as defined in subsection (a) of section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))), for the
conservation, restoration, and protection of coastal and
marine habitats, resources, Pacific salmon and other marine
fisheries, to enable coastal communities to prepare for
extreme storms and other changing climate conditions, and for
projects that support natural resources that sustain coastal
and marine resource dependent communities, marine fishery and
marine mammal stock assessments, and for related
administrative expenses.
(b) Tribal Government Defined.--In this section, the term
``Tribal Government'' means the recognized governing body of
any Indian or Alaska Native tribe, band, nation, pueblo,
village, community, component band, or component reservation,
individually identified (including parenthetically) in the
list published most recently as of the date of enactment of
this subsection pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
SEC. 40002. FACILITIES OF THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION AND NATIONAL MARINE
SANCTUARIES.
(a) National Oceanic and Atmospheric Administration
Facilities.--In addition to amounts otherwise available,
there is appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $150,000,000, to remain
available until September 30, 2026, for the construction of
new facilities, facilities in need of replacement, piers,
marine operations facilities, and fisheries laboratories.
(b) National Marine Sanctuaries Facilities.--In addition to
amounts otherwise available, there is appropriated to the
National Oceanic and Atmospheric Administration for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until
September 30, 2026, for the construction of facilities to
support the National Marine Sanctuary System established
under subsection (c) of section 301 of the National Marine
Sanctuaries Act (16 U.S.C. 1431(c)).
SEC. 40003. NOAA EFFICIENT AND EFFECTIVE REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $20,000,000, to remain
available until September 30, 2026, to conduct more
efficient, accurate, and timely reviews for planning,
permitting and approval processes through the hiring and
training of personnel, and the purchase of technical and
scientific services and new equipment, and to improve agency
transparency, accountability, and public engagement.
SEC. 40004. OCEANIC AND ATMOSPHERIC RESEARCH AND FORECASTING
FOR WEATHER AND CLIMATE.
(a) Forecasting and Research.--In addition to amounts
otherwise available, there is appropriated to the National
Oceanic and Atmospheric Administration for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$150,000,000, to remain available until September 30, 2026,
to accelerate advances and improvements in research,
observation systems, modeling, forecasting, assessments, and
dissemination of information to the public as it pertains to
ocean and atmospheric processes related to weather, coasts,
oceans, and climate, and to carry out section 102(a) of the
Weather Research and Forecasting Innovation Act of 2017 (15
U.S.C. 8512(a)), and for related administrative expenses.
(b) Research Grants and Science Information, Products, and
Services.--In addition to amounts otherwise available, there
are appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2026, $50,000,000 for competitive grants
to fund climate research as it relates to weather, ocean,
coastal, and atmospheric processes and conditions, and
impacts to marine species and coastal habitat, and for
related administrative expenses.
SEC. 40005. COMPUTING CAPACITY AND RESEARCH FOR WEATHER,
OCEANS, AND CLIMATE.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $190,000,000, to remain
available until September 30, 2026, for the procurement of
additional high-performance computing, data processing
capacity, data management, and storage assets, to carry out
section 204(a)(2) of the High-Performance Computing Act of
1991 (15 U.S.C. 5524(a)(2)), and for transaction agreements
authorized under section 301(d)(1)(A) of the Weather Research
and Forecasting Innovation Act of 2017 (15 U.S.C.
8531(d)(1)(A)), and for related administrative expenses.
SEC. 40006. ACQUISITION OF HURRICANE FORECASTING AIRCRAFT.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until September 30, 2026, for the acquisition of
hurricane hunter aircraft under section 413(a) of the Weather
Research and Forecasting Innovation Act of 2017 (15 U.S.C.
8549(a)).
SEC. 40007. ALTERNATIVE FUEL AND LOW-EMISSION AVIATION
TECHNOLOGY PROGRAM.
(a) Appropriation and Establishment.--For purposes of
establishing a competitive grant program for eligible
entities to carry out projects located in the United States
that produce, transport, blend, or store sustainable aviation
fuel, or develop, demonstrate, or apply low-emission aviation
technologies, in addition to amounts otherwise available,
there are appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
to remain available until September 30, 2026--
(1) $244,530,000 for projects relating to the production,
transportation, blending, or storage of sustainable aviation
fuel;
(2) $46,530,000 for projects relating to low-emission
aviation technologies; and
(3) $5,940,000 to fund the award of grants under this
section, and oversight of the program, by the Secretary.
(b) Considerations.--In carrying out subsection (a), the
Secretary shall consider, with respect to a proposed
project--
(1) the capacity for the eligible entity to increase the
domestic production and deployment of sustainable aviation
fuel or the use of low-emission aviation technologies among
the United States commercial aviation and aerospace industry;
(2) the projected greenhouse gas emissions from such
project, including emissions resulting from the development
of the project, and the potential the project has to reduce
or displace, on a lifecycle basis, United States greenhouse
gas emissions associated with air travel;
(3) the capacity to create new jobs and develop supply
chain partnerships in the United States;
(4) for projects related to the production of sustainable
aviation fuel, the projected lifecycle greenhouse gas
emissions benefits from the proposed project, which shall
include feedstock and fuel production and potential direct
and indirect greenhouse gas emissions (including resulting
from changes in land use); and
(5) the benefits of ensuring a diversity of feedstocks for
sustainable aviation fuel, including the use of waste carbon
oxides and direct air capture.
(c) Cost Share.--The Federal share of the cost of a project
carried out using grant
[[Page S4285]]
funds under subsection (a) shall be 75 percent of the total
proposed cost of the project, except that such Federal share
shall increase to 90 percent of the total proposed cost of
the project if the eligible entity is a small hub airport or
nonhub airport, as such terms are defined in section 47102 of
title 49, United States Code.
(d) Fuel Emissions Reduction Test.--For purposes of clause
(ii) of subsection (e)(7)(E), the Secretary shall, not later
than 2 years after the date of enactment of this section,
adopt at least 1 methodology for testing lifecycle greenhouse
gas emissions that meets the requirements of such clause.
(e) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or local government, including the District of
Columbia, other than an airport sponsor;
(B) an air carrier;
(C) an airport sponsor;
(D) an accredited institution of higher education;
(E) a research institution;
(F) a person or entity engaged in the production,
transportation, blending, or storage of sustainable aviation
fuel in the United States or feedstocks in the United States
that could be used to produce sustainable aviation fuel;
(G) a person or entity engaged in the development,
demonstration, or application of low-emission aviation
technologies; or
(H) nonprofit entities or nonprofit consortia with
experience in sustainable aviation fuels, low-emission
aviation technologies, or other clean transportation research
programs.
(2) Feedstock.--The term ``feedstock'' means sources of
hydrogen and carbon not originating from unrefined or refined
petrochemicals.
(3) Induced land-use change values.--The term ``induced
land-use change values'' means the greenhouse gas emissions
resulting from the conversion of land to the production of
feedstocks and from the conversion of other land due to the
displacement of crops or animals for which the original land
was previously used.
(4) Lifecycle greenhouse gas emissions.--The term
``lifecycle greenhouse gas emissions'' means the combined
greenhouse gas emissions from feedstock production,
collection of feedstock, transportation of feedstock to fuel
production facilities, conversion of feedstock to fuel,
transportation and distribution of fuel, and fuel combustion
in an aircraft engine, as well as from induced land-use
change values.
(5) Low-emission aviation technologies.--The term ``low-
emission aviation technologies'' means technologies, produced
in the United States, that significantly--
(A) improve aircraft fuel efficiency;
(B) increase utilization of sustainable aviation fuel; or
(C) reduce greenhouse gas emissions produced during
operation of civil aircraft.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(7) Sustainable aviation fuel.--The term ``sustainable
aviation fuel'' means liquid fuel, produced in the United
States, that--
(A) consists of synthesized hydrocarbons;
(B) meets the requirements of--
(i) ASTM International Standard D7566; or
(ii) the co-processing provisions of ASTM International
Standard D1655, Annex A1 (or such successor standard);
(C) is derived from biomass (in a similar manner as such
term is defined in section 45K(c)(3) of the Internal Revenue
Code of 1986), waste streams, renewable energy sources, or
gaseous carbon oxides;
(D) is not derived from palm fatty acid distillates; and
(E) achieves at least a 50 percent lifecycle greenhouse gas
emissions reduction in comparison with petroleum-based jet
fuel, as determined by a test that shows--
(i) the fuel production pathway achieves at least a 50
percent reduction of the aggregate attributional core
lifecycle emissions and the induced land-use change values
under a lifecycle methodology for sustainable aviation fuels
similar to that adopted by the International Civil Aviation
Organization with the agreement of the United States; or
(ii) the fuel production pathway achieves at least a 50
percent reduction of the aggregate attributional core
lifecycle greenhouse gas emissions values and the induced
land-use change values under another methodology that the
Secretary determines is--
(I) reflective of the latest scientific understanding of
lifecycle greenhouse gas emissions; and
(II) as stringent as the requirement under clause (i).
TITLE V--COMMITTEE ON ENERGY AND NATURAL RESOURCES
Subtitle A--Energy
PART 1--GENERAL PROVISIONS
SEC. 50111. DEFINITIONS.
In this subtitle:
(1) Greenhouse gas.--The term ``greenhouse gas'' has the
meaning given the term in section 1610(a) of the Energy
Policy Act of 1992 (42 U.S.C. 13389(a)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) State.--The term ``State'' means a State, the District
of Columbia, and a United States Insular Area (as that term
is defined in section 50211).
(4) State energy office.--The term ``State energy office''
has the meaning given the term in section 124(a) of the
Energy Policy Act of 2005 (42 U.S.C. 15821(a)).
(5) State energy program.--The term ``State Energy
Program'' means the State Energy Program established pursuant
to part D of title III of the Energy Policy and Conservation
Act (42 U.S.C. 6321 through 6326).
PART 2--RESIDENTIAL EFFICIENCY AND ELECTRIFICATION REBATES
SEC. 50121. HOME ENERGY PERFORMANCE-BASED, WHOLE-HOUSE
REBATES.
(a) Appropriation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $4,300,000,000, to remain available through
September 30, 2031, to carry out a program to award grants to
State energy offices to develop and implement a HOMES rebate
program.
(2) Allocation of funds.--
(A) In general.--The Secretary shall reserve funds made
available under paragraph (1) for each State energy office--
(i) in accordance with the allocation formula for the State
Energy Program in effect on January 1, 2022; and
(ii) to be distributed to a State energy office if the
application of the State energy office under subsection (b)
is approved.
(B) Additional funds.--Not earlier than 2 years after the
date of enactment of this Act, any money reserved under
subparagraph (A) but not distributed under clause (ii) of
that subparagraph shall be redistributed to the State energy
offices operating a HOMES rebate program using a grant
received under this section in proportion to the amount
distributed to those State energy offices under subparagraph
(A)(ii).
(3) Administrative expenses.--Of the funds made available
under paragraph (1), the Secretary shall use not more than 3
percent for--
(A) administrative purposes; and
(B) providing technical assistance relating to activities
carried out under this section.
(b) Application.--A State energy office seeking a grant
under this section shall submit to the Secretary an
application that includes a plan to implement a HOMES rebate
program, including a plan--
(1) to use procedures, as approved by the Secretary, for
determining the reductions in home energy use resulting from
the implementation of a home energy efficiency retrofit that
are calibrated to historical energy usage for a home
consistent with BPI 2400, for purposes of modeled performance
home rebates;
(2) to use open-source advanced measurement and
verification software, as approved by the Secretary, for
determining and documenting the monthly and hourly (if
available) weather-normalized energy use of a home before and
after the implementation of a home energy efficiency
retrofit, for purposes of measured performance home rebates;
(3) to value savings based on time, location, or greenhouse
gas emissions;
(4) for quality monitoring to ensure that each home energy
efficiency retrofit for which a rebate is provided is
documented in a certificate that--
(A) is provided by the contractor and certified by a third
party to the homeowner; and
(B) details the work performed, the equipment and materials
installed, and the projected energy savings or energy
generation to support accurate valuation of the retrofit;
(5) to provide a contractor performing a home energy
efficiency retrofit or an aggregator who has the right to
claim a rebate $200 for each home located in a disadvantaged
community that receives a home energy efficiency retrofit for
which a rebate is provided under the program; and
(6) to ensure that a homeowner or aggregator does not
receive a rebate for the same upgrade through both a HOMES
rebate program and any other Federal grant or rebate program,
pursuant to subsection (c)(7).
(c) HOMES Rebate Program.--
(1) In general.--A HOMES rebate program carried out by a
State energy office receiving a grant pursuant to this
section shall provide rebates to homeowners and aggregators
for whole-house energy saving retrofits begun on or after the
date of enactment of this Act and completed by not later than
September 30, 2031.
(2) Amount of rebate.--Subject to paragraph (3), under a
HOMES rebate program, the amount of a rebate shall not
exceed--
(A) for individuals and aggregators carrying out energy
efficiency upgrades of single-family homes--
(i) in the case of a retrofit that achieves modeled energy
system savings of not less than 20 percent but less than 35
percent, the lesser of--
(I) $2,000; and
(II) 50 percent of the project cost;
(ii) in the case of a retrofit that achieves modeled energy
system savings of not less than 35 percent, the lesser of--
(I) $4,000; and
(II) 50 percent of the project cost; and
(iii) for measured energy savings, in the case of a home or
portfolio of homes that achieves energy savings of not less
than 15 percent--
(I) a payment rate per kilowatt hour saved, or kilowatt
hour-equivalent saved, equal to $2,000 for a 20 percent
reduction of energy use for the average home in the State; or
(II) 50 percent of the project cost;
[[Page S4286]]
(B) for multifamily building owners and aggregators
carrying out energy efficiency upgrades of multifamily
buildings--
(i) in the case of a retrofit that achieves modeled energy
system savings of not less than 20 percent but less than 35
percent, $2,000 per dwelling unit, with a maximum of $200,000
per multifamily building;
(ii) in the case of a retrofit that achieves modeled energy
system savings of not less than 35 percent, $4,000 per
dwelling unit, with a maximum of $400,000 per multifamily
building; or
(iii) for measured energy savings, in the case of a
multifamily building or portfolio of multifamily buildings
that achieves energy savings of not less than 15 percent--
(I) a payment rate per kilowatt hour saved, or kilowatt
hour-equivalent saved, equal to $2,000 for a 20 percent
reduction of energy use per dwelling unit for the average
multifamily building in the State; or
(II) 50 percent of the project cost; and
(C) for individuals and aggregators carrying out energy
efficiency upgrades of a single-family home occupied by a
low- or moderate-income household or a multifamily building
not less than 50 percent of the dwelling units of which are
occupied by low- or moderate-income households--
(i) in the case of a retrofit that achieves modeled energy
system savings of not less than 20 percent but less than 35
percent, the lesser of--
(I) $4,000 per single-family home or dwelling unit; and
(II) 80 percent of the project cost;
(ii) in the case of a retrofit that achieves modeled energy
system savings of not less than 35 percent, the lesser of--
(I) $8,000 per single-family home or dwelling unit; and
(II) 80 percent of the project cost; and
(iii) for measured energy savings, in the case of a single-
family home, multifamily building, or portfolio of single-
family homes or multifamily buildings that achieves energy
savings of not less than 15 percent--
(I) a payment rate per kilowatt hour saved, or kilowatt
hour-equivalent saved, equal to $4,000 for a 20 percent
reduction of energy use per single-family home or dwelling
unit, as applicable, for the average single-family home or
multifamily building in the State; or
(II) 80 percent of the project cost.
(3) Rebates to low- or moderate-income households.--On
approval from the Secretary, notwithstanding paragraph (2), a
State energy office carrying out a HOMES rebate program using
a grant awarded pursuant to this section may increase rebate
amounts for low- or moderate-income households.
(4) Use of funds.--A State energy office that receives a
grant pursuant to this section may use not more than 20
percent of the grant amount for planning, administration, or
technical assistance related to a HOMES rebate program.
(5) Data access guidelines.--The Secretary shall develop
and publish guidelines for States relating to residential
electric and natural gas energy data sharing.
(6) Exemption.--Activities carried out by a State energy
office using a grant awarded pursuant to this section shall
not be subject to the expenditure prohibitions and
limitations described in section 420.18 of title 10, Code of
Federal Regulations.
(7) Prohibition on combining rebates.--A rebate provided by
a State energy office under a HOMES rebate program may not be
combined with any other Federal grant or rebate, including a
rebate provided under a high-efficiency electric home rebate
program (as defined in section 50122(d)), for the same single
upgrade.
(d) Definitions.--In this section:
(1) Disadvantaged community.--The term ``disadvantaged
community'' means a community that the Secretary determines,
based on appropriate data, indices, and screening tools, is
economically, socially, or environmentally disadvantaged.
(2) HOMES rebate program.--The term ``HOMES rebate
program'' means a Home Owner Managing Energy Savings rebate
program established by a State energy office as part of an
approved State energy conservation plan under the State
Energy Program.
(3) Low- or moderate-income household.--The term ``low- or
moderate-income household'' means an individual or family the
total annual income of which is less than 80 percent of the
median income of the area in which the individual or family
resides, as reported by the Department of Housing and Urban
Development, including an individual or family that has
demonstrated eligibility for another Federal program with
income restrictions equal to or below 80 percent of area
median income.
SEC. 50122. HIGH-EFFICIENCY ELECTRIC HOME REBATE PROGRAM.
(a) Appropriations.--
(1) Funds to state energy offices and indian tribes.--In
addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to
carry out a program--
(A) to award grants to State energy offices to develop and
implement a high-efficiency electric home rebate program in
accordance with subsection (c), $4,275,000,000, to remain
available through September 30, 2031; and
(B) to award grants to Indian Tribes to develop and
implement a high-efficiency electric home rebate program in
accordance with subsection (c), $225,000,000, to remain
available through September 30, 2031.
(2) Allocation of funds.--
(A) State energy offices.--The Secretary shall reserve
funds made available under paragraph (1)(A) for each State
energy office--
(i) in accordance with the allocation formula for the State
Energy Program in effect on January 1, 2022; and
(ii) to be distributed to a State energy office if the
application of the State energy office under subsection (b)
is approved.
(B) Indian tribes.--The Secretary shall reserve funds made
available under paragraph (1)(B)--
(i) in a manner determined appropriate by the Secretary;
and
(ii) to be distributed to an Indian Tribe if the
application of the Indian Tribe under subsection (b) is
approved.
(C) Additional funds.--Not earlier than 2 years after the
date of enactment of this Act, any money reserved under--
(i) subparagraph (A) but not distributed under clause (ii)
of that subparagraph shall be redistributed to the State
energy offices operating a high-efficiency electric home
rebate program in proportion to the amount distributed to
those State energy offices under that clause; and
(ii) subparagraph (B) but not distributed under clause (ii)
of that subparagraph shall be redistributed to the Indian
Tribes operating a high-efficiency electric home rebate
program in proportion to the amount distributed to those
Indian Tribes under that clause.
(3) Administrative expenses.--Of the funds made available
under paragraph (1), the Secretary shall use not more than 3
percent for--
(A) administrative purposes; and
(B) providing technical assistance relating to activities
carried out under this section.
(b) Application.--A State energy office or Indian Tribe
seeking a grant under the program shall submit to the
Secretary an application that includes a plan to implement a
high-efficiency electric home rebate program, including--
(1) a plan to verify the income eligibility of eligible
entities seeking a rebate for a qualified electrification
project;
(2) a plan to allow rebates for qualified electrification
projects at the point of sale in a manner that ensures that
the income eligibility of an eligible entity seeking a rebate
may be verified at the point of sale;
(3) a plan to ensure that an eligible entity does not
receive a rebate for the same qualified electrification
project through both a high-efficiency electric home rebate
program and any other Federal grant or rebate program,
pursuant to subsection (c)(8); and
(4) any additional information that the Secretary may
require.
(c) High-efficiency Electric Home Rebate Program.--
(1) In general.--Under the program, the Secretary shall
award grants to State energy offices and Indian Tribes to
establish a high-efficiency electric home rebate program
under which rebates shall be provided to eligible entities
for qualified electrification projects.
(2) Guidelines.--The Secretary shall prescribe guidelines
for high-efficiency electric home rebate programs, including
guidelines for providing point of sale rebates in a manner
consistent with the income eligibility requirements under
this section.
(3) Amount of rebate.--
(A) Appliance upgrades.--The amount of a rebate provided
under a high-efficiency electric home rebate program for the
purchase of an appliance under a qualified electrification
project shall be--
(i) not more than $1,750 for a heat pump water heater;
(ii) not more than $8,000 for a heat pump for space heating
or cooling; and
(iii) not more than $840 for--
(I) an electric stove, cooktop, range, or oven; or
(II) an electric heat pump clothes dryer.
(B) Nonappliance upgrades.--The amount of a rebate provided
under a high-efficiency electric home rebate program for the
purchase of a nonappliance upgrade under a qualified
electrification project shall be--
(i) not more than $4,000 for an electric load service
center upgrade;
(ii) not more than $1,600 for insulation, air sealing, and
ventilation; and
(iii) not more than $2,500 for electric wiring.
(C) Maximum rebate.--An eligible entity receiving multiple
rebates under this section may receive not more than a total
of $14,000 in rebates.
(4) Limitations.--A rebate provided using funding under
this section shall not exceed--
(A) in the case of an eligible entity described in
subsection (d)(1)(A)--
(i) 50 percent of the cost of the qualified electrification
project for a household the annual income of which is not
less than 80 percent and not greater than 150 percent of the
area median income; and
(ii) 100 percent of the cost of the qualified
electrification project for a household the annual income of
which is less than 80 percent of the area median income;
(B) in the case of an eligible entity described in
subsection (d)(1)(B)--
(i) 50 percent of the cost of the qualified electrification
project for a multifamily building not less than 50 percent
of the residents of which are households the annual income of
which is not less than 80 percent and not greater than 150
percent of the area median income; and
[[Page S4287]]
(ii) 100 percent of the cost of the qualified
electrification project for a multifamily building not less
than 50 percent of the residents of which are households the
annual income of which is less than 80 percent of the area
median income; or
(C) in the case of an eligible entity described in
subsection (d)(1)(C)--
(i) 50 percent of the cost of the qualified electrification
project for a household--
(I) on behalf of which the eligible entity is working; and
(II) the annual income of which is not less than 80 percent
and not greater than 150 percent of the area median income;
and
(ii) 100 percent of the cost of the qualified
electrification project for a household--
(I) on behalf of which the eligible entity is working; and
(II) the annual income of which is less than 80 percent of
the area median income.
(5) Amount for installation of upgrades.--
(A) In general.--In the case of an eligible entity
described in subsection (d)(1)(C) that receives a rebate
under the program and performs the installation of the
applicable qualified electrification project, a State energy
office or Indian Tribe shall provide to that eligible entity,
in addition to the rebate, an amount that--
(i) does not exceed $500; and
(ii) is commensurate with the scale of the upgrades
installed as part of the qualified electrification project,
as determined by the Secretary.
(B) Treatment.--An amount received under subparagraph (A)
by an eligible entity described in that subparagraph shall
not be subject to the requirement under paragraph (6).
(6) Requirement.--An eligible entity described in
subparagraph (C) of subsection (d)(1) shall discount the
amount of a rebate received for a qualified electrification
project from any amount charged by that eligible entity to
the eligible entity described in subparagraph (A) or (B) of
that subsection on behalf of which the qualified
electrification project is carried out.
(7) Exemption.--Activities carried out by a State energy
office using a grant provided under the program shall not be
subject to the expenditure prohibitions and limitations
described in section 420.18 of title 10, Code of Federal
Regulations.
(8) Prohibition on combining rebates.--A rebate provided by
a State energy office or Indian Tribe under a high-efficiency
electric home rebate program may not be combined with any
other Federal grant or rebate, including a rebate provided
under a HOMES rebate program (as defined in section
50121(d)), for the same qualified electrification project.
(9) Administrative costs.--A State energy office or Indian
Tribe that receives a grant under the program shall use not
more than 20 percent of the grant amount for planning,
administration, or technical assistance relating to a high-
efficiency electric home rebate program.
(d) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a low- or moderate-income household;
(B) an individual or entity that owns a multifamily
building not less than 50 percent of the residents of which
are low- or moderate-income households; and
(C) a governmental, commercial, or nonprofit entity, as
determined by the Secretary, carrying out a qualified
electrification project on behalf of an entity described in
subparagraph (A) or (B).
(2) High-efficiency electric home rebate program.--The term
``high-efficiency electric home rebate program'' means a
rebate program carried out by a State energy office or Indian
Tribe pursuant to subsection (c) using a grant received under
the program.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Low- or moderate-income household.--The term ``low- or
moderate-income household'' means an individual or family the
total annual income of which is less than 150 percent of the
median income of the area in which the individual or family
resides, as reported by the Department of Housing and Urban
Development, including an individual or family that has
demonstrated eligibility for another Federal program with
income restrictions equal to or below 150 percent of area
median income.
(5) Program.--The term ``program'' means the program
carried out by the Secretary under subsection (a)(1).
(6) Qualified electrification project.--
(A) In general.--The term ``qualified electrification
project'' means a project that--
(i) includes the purchase and installation of--
(I) an electric heat pump water heater;
(II) an electric heat pump for space heating and cooling;
(III) an electric stove, cooktop, range, or oven;
(IV) an electric heat pump clothes dryer;
(V) an electric load service center;
(VI) insulation;
(VII) air sealing and materials to improve ventilation; or
(VIII) electric wiring;
(ii) with respect to any appliance described in clause (i),
the purchase of which is carried out--
(I) as part of new construction;
(II) to replace a nonelectric appliance; or
(III) as a first-time purchase with respect to that
appliance; and
(iii) is carried out at, or relating to, a single-family
home or multifamily building, as applicable and defined by
the Secretary.
(B) Exclusions.--The term ``qualified electrification
project'' does not include any project with respect to which
the appliance, system, equipment, infrastructure, component,
or other item described in subclauses (I) through (VIII) of
subparagraph (A)(i) is not certified under the Energy Star
program established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a), if applicable.
SEC. 50123. STATE-BASED HOME ENERGY EFFICIENCY CONTRACTOR
TRAINING GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $200,000,000, to remain available through
September 30, 2031, to carry out a program to provide
financial assistance to States to develop and implement a
State program described in section 362(d)(13) of the Energy
Policy and Conservation Act (42 U.S.C. 6322(d)(13)), which
shall provide training and education to contractors involved
in the installation of home energy efficiency and
electrification improvements, including improvements eligible
for rebates under a HOMES rebate program (as defined in
section 50121(d)) or a high-efficiency electric home rebate
program (as defined in section 50122(d)), as part of an
approved State energy conservation plan under the State
Energy Program.
(b) Use of Funds.--A State may use amounts received under
subsection (a)--
(1) to reduce the cost of training contractor employees;
(2) to provide testing and certification of contractors
trained and educated under a State program developed and
implemented pursuant to subsection (a); and
(3) to partner with nonprofit organizations to develop and
implement a State program pursuant to subsection (a).
(c) Administrative Expenses.--Of the amounts received by a
State under subsection (a), a State shall use not more than
10 percent for administrative expenses associated with
developing and implementing a State program pursuant to that
subsection.
PART 3--BUILDING EFFICIENCY AND RESILIENCE
SEC. 50131. ASSISTANCE FOR LATEST AND ZERO BUILDING ENERGY
CODE ADOPTION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated--
(1) $330,000,000, to remain available through September 30,
2029, to carry out activities under part D of title III of
the Energy Policy and Conservation Act (42 U.S.C. 6321
through 6326) in accordance with subsection (b); and
(2) $670,000,000, to remain available through September 30,
2029, to carry out activities under part D of title III of
the Energy Policy and Conservation Act (42 U.S.C. 6321
through 6326) in accordance with subsection (c).
(b) Latest Building Energy Code.--The Secretary shall use
funds made available under subsection (a)(1) for grants to
assist States, and units of local government that have
authority to adopt building codes--
(1) to adopt--
(A) a building energy code (or codes) for residential
buildings that meets or exceeds the 2021 International Energy
Conservation Code, or achieves equivalent or greater energy
savings;
(B) a building energy code (or codes) for commercial
buildings that meets or exceeds the ANSI/ASHRAE/IES Standard
90.1-2019, or achieves equivalent or greater energy savings;
or
(C) any combination of building energy codes described in
subparagraph (A) or (B); and
(2) to implement a plan for the jurisdiction to achieve
full compliance with any building energy code adopted under
paragraph (1) in new and renovated residential or commercial
buildings, as applicable, which plan shall include active
training and enforcement programs and measurement of the rate
of compliance each year.
(c) Zero Energy Code.--The Secretary shall use funds made
available under subsection (a)(2) for grants to assist
States, and units of local government that have authority to
adopt building codes--
(1) to adopt a building energy code (or codes) for
residential and commercial buildings that meets or exceeds
the zero energy provisions in the 2021 International Energy
Conservation Code or an equivalent stretch code; and
(2) to implement a plan for the jurisdiction to achieve
full compliance with any building energy code adopted under
paragraph (1) in new and renovated residential and commercial
buildings, which plan shall include active training and
enforcement programs and measurement of the rate of
compliance each year.
(d) State Match.--The State cost share requirement under
the item relating to ``Department of Energy--Energy
Conservation'' in title II of the Department of the Interior
and Related Agencies Appropriations Act, 1985 (42 U.S.C.
6323a; 98 Stat. 1861), shall not apply to assistance provided
under this section.
(e) Administrative Costs.--Of the amounts made available
under this section, the Secretary shall reserve not more than
5
[[Page S4288]]
percent for administrative costs necessary to carry out this
section.
PART 4--DOE LOAN AND GRANT PROGRAMS
SEC. 50141. FUNDING FOR DEPARTMENT OF ENERGY LOAN PROGRAMS
OFFICE.
(a) Commitment Authority.--In addition to commitment
authority otherwise available and previously provided, the
Secretary may make commitments to guarantee loans for
eligible projects under section 1703 of the Energy Policy Act
of 2005 (42 U.S.C. 16513), up to a total principal amount of
$40,000,000,000, to remain available through September 30,
2026.
(b) Appropriation.--In addition to amounts otherwise
available and previously provided, there is appropriated to
the Secretary for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $3,600,000,000, to
remain available through September 30, 2026, for the costs of
guarantees made under section 1703 of the Energy Policy Act
of 2005 (42 U.S.C. 16513), using the loan guarantee authority
provided under subsection (a) of this section.
(c) Administrative Expenses.--Of the amount made available
under subsection (b), the Secretary shall reserve not more
than 3 percent for administrative expenses to carry out title
XVII of the Energy Policy Act of 2005 and for carrying out
section 1702(h)(3) of such Act (42 U.S.C. 16512(h)(3)).
(d) Limitations.--
(1) Certification.--None of the amounts made available
under this section for loan guarantees shall be available for
any project unless the President has certified in advance in
writing that the loan guarantee and the project comply with
the provisions under this section.
(2) Denial of double benefit.--Except as provided in
paragraph (3), none of the amounts made available under this
section for loan guarantees shall be available for
commitments to guarantee loans for any projects under which
funds, personnel, or property (tangible or intangible) of any
Federal agency, instrumentality, personnel, or affiliated
entity are expected to be used (directly or indirectly)
through acquisitions, contracts, demonstrations, exchanges,
grants, incentives, leases, procurements, sales, other
transaction authority, or other arrangements to support the
project or to obtain goods or services from the project.
(3) Exception.--Paragraph (2) shall not preclude the use of
the loan guarantee authority provided under this section for
commitments to guarantee loans for--
(A) projects benefitting from otherwise allowable Federal
tax benefits;
(B) projects benefitting from being located on Federal land
pursuant to a lease or right-of-way agreement for which all
consideration for all uses is--
(i) paid exclusively in cash;
(ii) deposited in the Treasury as offsetting receipts; and
(iii) equal to the fair market value;
(C) projects benefitting from the Federal insurance program
under section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210); or
(D) electric generation projects using transmission
facilities owned or operated by a Federal Power Marketing
Administration or the Tennessee Valley Authority that have
been authorized, approved, and financed independent of the
project receiving the guarantee.
(e) Guarantee.--Section 1701(4)(A) of the Energy Policy Act
of 2005 (42 U.S.C. 16511(4)(A)) is amended by inserting ``,
except that a loan guarantee may guarantee any debt
obligation of a non-Federal borrower to any Eligible Lender
(as defined in section 609.2 of title 10, Code of Federal
Regulations)'' before the period at the end.
(f) Source of Payments.--Section 1702(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16512(b)(2)) is amended by
adding at the end the following:
``(3) Source of payments.--The source of a payment received
from a borrower under subparagraph (A) or (B) of paragraph
(2) may not be a loan or other debt obligation that is made
or guaranteed by the Federal Government.''.
SEC. 50142. ADVANCED TECHNOLOGY VEHICLE MANUFACTURING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $3,000,000,000, to remain available through
September 30, 2028, for the costs of providing direct loans
under section 136(d) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17013(d)): Provided, That funds
appropriated by this section may be used for the costs of
providing direct loans for reequipping, expanding, or
establishing a manufacturing facility in the United States to
produce, or for engineering integration performed in the
United States of, advanced technology vehicles described in
subparagraph (C), (D), (E), or (F) of section 136(a)(1) of
such Act (42 U.S.C. 17013(a)(1)) only if such advanced
technology vehicles emit, under any possible operational mode
or condition, low or zero exhaust emissions of greenhouse
gases.
(b) Administrative Costs.--The Secretary shall reserve not
more than $25,000,000 of amounts made available under
subsection (a) for administrative costs of providing loans as
described in subsection (a).
(c) Elimination of Loan Program Cap.--Section 136(d)(1) of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17013(d)(1)) is amended by striking ``a total of not more
than $25,000,000,000 in''.
SEC. 50143. DOMESTIC MANUFACTURING CONVERSION GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $2,000,000,000, to remain available through
September 30, 2031, to provide grants for domestic production
of efficient hybrid, plug-in electric hybrid, plug-in
electric drive, and hydrogen fuel cell electric vehicles, in
accordance with section 712 of the Energy Policy Act of 2005
(42 U.S.C. 16062).
(b) Cost Share.--The Secretary shall require a recipient of
a grant provided under subsection (a) to provide not less
than 50 percent of the cost of the project carried out using
the grant.
(c) Administrative Costs.--The Secretary shall reserve not
more than 3 percent of amounts made available under
subsection (a) for administrative costs of making grants
described in such subsection (a) pursuant to section 712 of
the Energy Policy Act of 2005 (42 U.S.C. 16062).
SEC. 50144. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000,000, to remain available through
September 30, 2026, to carry out activities under section
1706 of the Energy Policy Act of 2005.
(b) Commitment Authority.--The Secretary may make, through
September 30, 2026, commitments to guarantee loans for
projects under section 1706 of the Energy Policy Act of 2005
the total principal amount of which is not greater than
$250,000,000,000, subject to the limitations that apply to
loan guarantees under section 50141(d).
(c) Energy Infrastructure Reinvestment Financing.--Title
XVII of the Energy Policy Act of 2005 is amended by inserting
after section 1705 (42 U.S.C. 16516) the following:
``SEC. 1706. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
``(a) In General.--Notwithstanding section 1703, the
Secretary may make guarantees, including refinancing, under
this section only for projects that--
``(1) retool, repower, repurpose, or replace energy
infrastructure that has ceased operations; or
``(2) enable operating energy infrastructure to avoid,
reduce, utilize, or sequester air pollutants or anthropogenic
emissions of greenhouse gases.
``(b) Inclusion.--A project under subsection (a) may
include the remediation of environmental damage associated
with energy infrastructure.
``(c) Requirement.--A project under subsection (a)(1) that
involves electricity generation through the use of fossil
fuels shall be required to have controls or technologies to
avoid, reduce, utilize, or sequester air pollutants and
anthropogenic emissions of greenhouse gases.
``(d) Application.--To apply for a guarantee under this
section, an applicant shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including--
``(1) a detailed plan describing the proposed project;
``(2) an analysis of how the proposed project will engage
with and affect associated communities; and
``(3) in the case of an applicant that is an electric
utility, an assurance that the electric utility shall pass on
any financial benefit from the guarantee made under this
section to the customers of, or associated communities served
by, the electric utility.
``(e) Term.--Notwithstanding section 1702(f), the term of
an obligation shall require full repayment over a period not
to exceed 30 years.
``(f) Definition of Energy Infrastructure.--In this
section, the term `energy infrastructure' means a facility,
and associated equipment, used for--
``(1) the generation or transmission of electric energy; or
``(2) the production, processing, and delivery of fossil
fuels, fuels derived from petroleum, or petrochemical
feedstocks.''.
(d) Conforming Amendment.--Section 1702(o)(3) of the Energy
Policy Act of 2005 (42 U.S.C. 16512(o)(3)) is amended by
inserting ``and projects described in section 1706(a)''
before the period at the end.
SEC. 50145. TRIBAL ENERGY LOAN GUARANTEE PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $75,000,000, to remain available through
September 30, 2028, to carry out section 2602(c) of the
Energy Policy Act of 1992 (25 U.S.C. 3502(c)), subject to the
limitations that apply to loan guarantees under section
50141(d).
(b) Department of Energy Tribal Energy Loan Guarantee
Program.--Section 2602(c) of the Energy Policy Act of 1992
(25 U.S.C. 3502(c)) is amended--
(1) in paragraph (1), by striking ``) for an amount equal
to not more than 90 percent of'' and inserting ``, except
that a loan guarantee may guarantee any debt obligation of a
non-Federal borrower to any Eligible Lender (as defined in
section 609.2 of title 10, Code of Federal Regulations))
for''; and
(2) in paragraph (4), by striking ``$2,000,000,000'' and
inserting ``$20,000,000,000''.
[[Page S4289]]
PART 5--ELECTRIC TRANSMISSION
SEC. 50151. TRANSMISSION FACILITY FINANCING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $2,000,000,000, to remain available through
September 30, 2030, to carry out this section: Provided,
That the Secretary shall not enter into any loan agreement
pursuant to this section that could result in disbursements
after September 30, 2031.
(b) Use of Funds.--The Secretary shall use the amounts made
available by subsection (a) to carry out a program to pay the
costs of direct loans to non-Federal borrowers, subject to
the limitations that apply to loan guarantees under section
50141(d) and under such terms and conditions as the Secretary
determines to be appropriate, for the construction or
modification of electric transmission facilities designated
by the Secretary to be necessary in the national interest
under section 216(a) of the Federal Power Act (16 U.S.C.
824p(a)).
(c) Loans.--A direct loan provided under this section--
(1) shall have a term that does not exceed the lesser of--
(A) 90 percent of the projected useful life, in years, of
the eligible transmission facility; and
(B) 30 years;
(2) shall not exceed 80 percent of the project costs; and
(3) shall, on first issuance, be subject to the condition
that the direct loan is not subordinate to other financing.
(d) Interest Rates.--A direct loan provided under this
section shall bear interest at a rate determined by the
Secretary, taking into consideration market yields on
outstanding marketable obligations of the United States of
comparable maturities as of the date on which the direct loan
is made.
(e) Definition of Direct Loan.--In this section, the term
``direct loan'' has the meaning given the term in section 502
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
SEC. 50152. GRANTS TO FACILITATE THE SITING OF INTERSTATE
ELECTRICITY TRANSMISSION LINES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $760,000,000, to remain available through
September 30, 2029, for making grants in accordance with this
section and for administrative expenses associated with
carrying out this section.
(b) Use of Funds.--
(1) In general.--The Secretary may make a grant under this
section to a siting authority for, with respect to a covered
transmission project, any of the following activities:
(A) Studies and analyses of the impacts of the covered
transmission project.
(B) Examination of up to 3 alternate siting corridors
within which the covered transmission project feasibly could
be sited.
(C) Participation by the siting authority in regulatory
proceedings or negotiations in another jurisdiction, or under
the auspices of a Transmission Organization (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)) that is
also considering the siting or permitting of the covered
transmission project.
(D) Participation by the siting authority in regulatory
proceedings at the Federal Energy Regulatory Commission or a
State regulatory commission for determining applicable rates
and cost allocation for the covered transmission project.
(E) Other measures and actions that may improve the chances
of, and shorten the time required for, approval by the siting
authority of the application relating to the siting or
permitting of the covered transmission project, as the
Secretary determines appropriate.
(2) Economic development.--The Secretary may make a grant
under this section to a siting authority, or other State,
local, or Tribal governmental entity, for economic
development activities for communities that may be affected
by the construction and operation of a covered transmission
project, provided that the Secretary shall not enter into any
grant agreement pursuant to this section that could result in
any outlays after September 30, 2031.
(c) Conditions.--
(1) Final decision on application.--In order to receive a
grant for an activity described in subsection (b)(1), the
Secretary shall require a siting authority to agree, in
writing, to reach a final decision on the application
relating to the siting or permitting of the applicable
covered transmission project not later than 2 years after the
date on which such grant is provided, unless the Secretary
authorizes an extension for good cause.
(2) Federal share.--The Federal share of the cost of an
activity described in subparagraph (C) or (D) of subsection
(b)(1) shall not exceed 50 percent.
(3) Economic development.--The Secretary may only disburse
grant funds for economic development activities under
subsection (b)(2)--
(A) to a siting authority upon approval by the siting
authority of the applicable covered transmission project; and
(B) to any other State, local, or Tribal governmental
entity upon commencement of construction of the applicable
covered transmission project in the area under the
jurisdiction of the entity.
(d) Returning Funds.--If a siting authority that receives a
grant for an activity described in subsection (b)(1) fails to
use all grant funds within 2 years of receipt, the siting
authority shall return to the Secretary any such unused
funds.
(e) Definitions.--In this section:
(1) Covered transmission project.--The term ``covered
transmission project'' means a high-voltage interstate or
offshore electricity transmission line--
(A) that is proposed to be constructed and to operate--
(i) at a minimum of 275 kilovolts of either alternating-
current or direct-current electric energy by an entity; or
(ii) offshore and at a minimum of 200 kilovolts of either
alternating-current or direct-current electric energy by an
entity; and
(B) for which such entity has applied, or informed a siting
authority of such entity's intent to apply, for regulatory
approval.
(2) Siting authority.--The term ``siting authority'' means
a State, local, or Tribal governmental entity with authority
to make a final determination regarding the siting,
permitting, or regulatory status of a covered transmission
project that is proposed to be located in an area under the
jurisdiction of the entity.
SEC. 50153. INTERREGIONAL AND OFFSHORE WIND ELECTRICITY
TRANSMISSION PLANNING, MODELING, AND ANALYSIS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available through
September 30, 2031, to carry out this section.
(b) Use of Funds.--The Secretary shall use amounts made
available under subsection (a)--
(1) to pay expenses associated with convening relevant
stakeholders to address the development of interregional
electricity transmission and transmission of electricity that
is generated by offshore wind; and
(2) to conduct planning, modeling, and analysis regarding
interregional electricity transmission and transmission of
electricity that is generated by offshore wind, taking into
account the local, regional, and national economic,
reliability, resilience, security, public policy, and
environmental benefits of interregional electricity
transmission and transmission of electricity that is
generated by offshore wind, including planning, modeling, and
analysis, as the Secretary determines appropriate, pertaining
to--
(A) clean energy integration into the electric grid,
including the identification of renewable energy zones;
(B) the effects of changes in weather due to climate change
on the reliability and resilience of the electric grid;
(C) cost allocation methodologies that facilitate the
expansion of the bulk power system;
(D) the benefits of coordination between generator
interconnection processes and transmission planning
processes;
(E) the effect of increased electrification on the electric
grid;
(F) power flow modeling;
(G) the benefits of increased interconnections or interties
between or among the Western Interconnection, the Eastern
Interconnection, the Electric Reliability Council of Texas,
and other interconnections, as applicable;
(H) the cooptimization of transmission and generation,
including variable energy resources, energy storage, and
demand-side management;
(I) the opportunities for use of nontransmission
alternatives, energy storage, and grid-enhancing
technologies;
(J) economic development opportunities for communities
arising from development of interregional electricity
transmission and transmission of electricity that is
generated by offshore wind;
(K) evaluation of existing rights-of-way and the need for
additional transmission corridors; and
(L) a planned national transmission grid, which would
include a networked transmission system to optimize the
existing grid for interconnection of offshore wind farms.
PART 6--INDUSTRIAL
SEC. 50161. ADVANCED INDUSTRIAL FACILITIES DEPLOYMENT
PROGRAM.
(a) Office of Clean Energy Demonstrations.--In addition to
amounts otherwise available, there is appropriated to the
Secretary, acting through the Office of Clean Energy
Demonstrations, for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $5,812,000,000, to
remain available through September 30, 2026, to carry out
this section.
(b) Financial Assistance.--The Secretary shall use funds
appropriated by subsection (a) to provide financial
assistance, on a competitive basis, to eligible entities to
carry out projects for--
(1) the purchase and installation, or implementation, of
advanced industrial technology at an eligible facility;
(2) retrofits, upgrades to, or operational improvements at
an eligible facility to install or implement advanced
industrial technology; or
(3) engineering studies and other work needed to prepare an
eligible facility for activities described in paragraph (1)
or (2).
[[Page S4290]]
(c) Application.--To be eligible to receive financial
assistance under subsection (b), an eligible entity shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require, including the expected greenhouse gas emissions
reductions to be achieved by carrying out the project.
(d) Priority.--In providing financial assistance under
subsection (b), the Secretary shall give priority
consideration to projects on the basis of, as determined by
the Secretary--
(1) the expected greenhouse gas emissions reductions to be
achieved by carrying out the project;
(2) the extent to which the project would provide the
greatest benefit for the greatest number of people within the
area in which the eligible facility is located; and
(3) whether the eligible entity participates or would
participate in a partnership with purchasers of the output of
the eligible facility.
(e) Cost Share.--The Secretary shall require an eligible
entity to provide not less than 50 percent of the cost of a
project carried out pursuant to this section.
(f) Administrative Costs.--The Secretary shall reserve not
more than $300,000,000 of amounts made available under
subsection (a) for administrative costs of carrying out this
section.
(g) Definitions.--In this section:
(1) Advanced industrial technology.--The term ``advanced
industrial technology'' means a technology directly involved
in an industrial process, as described in any of paragraphs
(1) through (6) of section 454(c) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17113(c)), and designed
to accelerate greenhouse gas emissions reduction progress to
net-zero at an eligible facility, as determined by the
Secretary.
(2) Eligible entity.--The term ``eligible entity'' means
the owner or operator of an eligible facility.
(3) Eligible facility.--The term ``eligible facility''
means a domestic, non-Federal, nonpower industrial or
manufacturing facility engaged in energy-intensive industrial
processes, including production processes for iron, steel,
steel mill products, aluminum, cement, concrete, glass, pulp,
paper, industrial ceramics, chemicals, and other energy
intensive industrial processes, as determined by the
Secretary.
(4) Financial assistance.--The term ``financial
assistance'' means a grant, rebate, direct loan, or
cooperative agreement.
PART 7--OTHER ENERGY MATTERS
SEC. 50171. DEPARTMENT OF ENERGY OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available through September 30, 2031,
for oversight by the Department of Energy Office of Inspector
General of the Department of Energy activities for which
funding is appropriated in this subtitle.
SEC. 50172. NATIONAL LABORATORY INFRASTRUCTURE.
(a) Office of Science.--In addition to amounts otherwise
available, there is appropriated to the Secretary, acting
through the Director of the Office of Science, for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available through September 30,
2027--
(1) $133,240,000 to carry out activities for science
laboratory infrastructure projects;
(2) $303,656,000 to carry out activities for high energy
physics construction and major items of equipment projects;
(3) $280,000,000 to carry out activities for fusion energy
science construction and major items of equipment projects;
(4) $217,000,000 to carry out activities for nuclear
physics construction and major items of equipment projects;
(5) $163,791,000 to carry out activities for advanced
scientific computing research facilities;
(6) $294,500,000 to carry out activities for basic energy
sciences projects; and
(7) $157,813,000 to carry out activities for isotope
research and development facilities.
(b) Office of Nuclear Energy.--In addition to amounts
otherwise available, there is appropriated to the Secretary
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $150,000,000, to remain available
through September 30, 2027, to carry out activities for
infrastructure and general plant projects carried out by the
Office of Nuclear Energy.
(c) Office of Energy Efficiency and Renewable Energy.--In
addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$150,000,000, to remain available through September 30, 2027,
to carry out activities for infrastructure and general plant
projects carried out by the Office of Energy Efficiency and
Renewable Energy.
SEC. 50173. AVAILABILITY OF HIGH-ASSAY LOW-ENRICHED URANIUM.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Secretary of for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, to remain available through September
30, 2026--
(1) $100,000,000 to carry out the program elements
described in subparagraphs (A) through (C) of section
2001(a)(2) of the Energy Act of 2020 (42 U.S.C. 16281(a)(2));
(2) $500,000,000 to carry out the program elements
described in subparagraphs (D) through (H) of that section;
and
(3) $100,000,000 to carry out activities to support the
availability of high-assay low-enriched uranium for civilian
domestic research, development, demonstration, and commercial
use under section 2001 of the Energy Act of 2020 (42 U.S.C.
16281).
(b) Competitive Procedures.--To the maximum extent
practicable, the Department of Energy shall, in a manner
consistent with section 989 of the Energy Policy Act of 2005
(42 U.S.C. 16353), use a competitive, merit-based review
process in carrying out research, development, demonstration,
and deployment activities under section 2001 of the Energy
Act of 2020 (42 U.S.C. 16281).
(c) Administrative Expenses.--The Secretary may use not
more than 3 percent of the amounts appropriated by subsection
(a) for administrative purposes.
Subtitle B--Natural Resources
PART 1--GENERAL PROVISIONS
SEC. 50211. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) United states insular areas.--The term ``United States
Insular Areas'' means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, the Commonwealth of Puerto
Rico, and the United States Virgin Islands.
PART 2--PUBLIC LANDS
SEC. 50221. NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND
RESILIENCE.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$250,000,000, to remain available through September 30, 2031,
to carry out projects for the conservation, protection, and
resiliency of lands and resources administered by the
National Park Service and Bureau of Land Management. None of
the funds provided under this section shall be subject to
cost-share or matching requirements.
SEC. 50222. NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND
ECOSYSTEM RESTORATION.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$250,000,000, to remain available through September 30, 2031,
to carry out conservation, ecosystem and habitat restoration
projects on lands administered by the National Park Service
and Bureau of Land Management. None of the funds provided
under this section shall be subject to cost-share or matching
requirements.
SEC. 50223. NATIONAL PARK SERVICE EMPLOYEES.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$500,000,000, to remain available through September 30, 2030,
to hire employees to serve in units of the National Park
System or national historic or national scenic trails
administered by the National Park Service.
SEC. 50224. NATIONAL PARK SYSTEM DEFERRED MAINTENANCE.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$200,000,000, to remain available through September 30, 2026,
to carry out priority deferred maintenance projects, through
direct expenditures or transfers, within the boundaries of
the National Park System.
PART 3--DROUGHT RESPONSE AND PREPAREDNESS
SEC. 50231. BUREAU OF RECLAMATION DOMESTIC WATER SUPPLY
PROJECTS.
In addition to amounts otherwise available, there is
appropriated to the Secretary, acting through the
Commissioner of Reclamation, for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$550,000,000, to remain available through September 30, 2031,
for grants, contracts, or financial assistance agreements for
disadvantaged communities (identified according to criteria
adopted by the Commissioner of Reclamation) in a manner as
determined by the Commissioner of Reclamation for up to 100
percent of the cost of the planning, design, or construction
of water projects the primary purpose of which is to provide
domestic water supplies to communities or households that do
not have reliable access to domestic water supplies in a
State or territory described in the first section of the Act
of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).
SEC. 50232. CANAL IMPROVEMENT PROJECTS.
In addition to amounts otherwise available, there is
appropriated to the Secretary, acting through the
Commissioner of Reclamation, for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$25,000,000, to remain available through September 30, 2031,
for the design, study, and implementation of projects
(including pilot and demonstration projects) to cover water
conveyance facilities with solar panels to generate renewable
energy in a manner as determined by the Secretary or for
other solar projects associated with Bureau of Reclamation
projects that increase water efficiency and assist in
implementation of clean energy goals.
[[Page S4291]]
SEC. 50233. DROUGHT MITIGATION IN THE RECLAMATION STATES.
(a) Definition of Reclamation State.--In this section, the
term ``Reclamation State'' means a State or territory
described in the first section of the Act of June 17, 1902
(32 Stat. 388, chapter 1093; 43 U.S.C. 391).
(b) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary (acting
through the Commissioner of Reclamation), for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $4,000,000,000, to remain available through
September 30, 2026, for grants, contracts, or financial
assistance agreements, in accordance with the reclamation
laws, to or with public entities and Indian Tribes, that
provide for the conduct of the following activities to
mitigate the impacts of drought in the Reclamation States,
with priority given to the Colorado River Basin and other
basins experiencing comparable levels of long-term drought,
to be implemented in compliance with applicable environmental
law:
(1) Compensation for a temporary or multiyear voluntary
reduction in diversion of water or consumptive water use.
(2) Voluntary system conservation projects that achieve
verifiable reductions in use of or demand for water supplies
or provide environmental benefits in the Lower Basin or Upper
Basin of the Colorado River.
(3) Ecosystem and habitat restoration projects to address
issues directly caused by drought in a river basin or inland
water body.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the
Secretary shall submit to Congress a report that describes
any expenditures under this section.
PART 4--INSULAR AFFAIRS
SEC. 50241. OFFICE OF INSULAR AFFAIRS CLIMATE CHANGE
TECHNICAL ASSISTANCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary, acting
through the Office of Insular Affairs, for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available through September 30, 2026,
to provide technical assistance for climate change planning,
mitigation, adaptation, and resilience to United States
Insular Areas.
(b) Administrative Expenses.--In addition to amounts
otherwise available, there is appropriated to the Secretary,
acting through the Office of Insular Affairs, for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $900,000, to remain available through September
30, 2026, for necessary administrative expenses associated
with carrying out this section.
PART 5--OFFSHORE WIND
SEC. 50251. LEASING ON THE OUTER CONTINENTAL SHELF.
(a) Leasing Authorized.--The Secretary may grant leases,
easements, and rights-of-way pursuant to section 8(p)(1)(C)
of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(1)(C)) in an area withdrawn by--
(1) the Presidential memorandum entitled ``Memorandum on
the Withdrawal of Certain Areas of the United States Outer
Continental Shelf from Leasing Disposition'' and dated
September 8, 2020; or
(2) the Presidential memorandum entitled ``Presidential
Determination on the Withdrawal of Certain Areas of the
United States Outer Continental Shelf from Leasing
Disposition'' and dated September 25, 2020.
(b) Offshore Wind for the Territories.--
(1) Application of outer continental shelf lands act with
respect to territories of the united states.--
(A) In general.--Section 2 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331) is amended--
(i) in subsection (a)--
(I) by striking ``means all'' and inserting the following:
``means--
``(1) all''; and
(II) in paragraph (1) (as so designated), by striking
``control;'' and inserting the following: ``control or within
the exclusive economic zone of the United States and adjacent
to any territory of the United States; and''; and
(III) by adding at the end following:
``(2) does not include any area conveyed by Congress to a
territorial government for administration;'';
(ii) in subsection (p), by striking ``and'' after the
semicolon at the end;
(iii) in subsection (q), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(r) The term `State' means--
``(1) each of the several States;
``(2) the Commonwealth of Puerto Rico;
``(3) Guam;
``(4) American Samoa;
``(5) the United States Virgin Islands; and
``(6) the Commonwealth of the Northern Mariana Islands.''.
(B) Exclusions.--Section 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344) is amended by adding at the end
the following:
``(i) Application.--This section shall not apply to the
scheduling of any lease sale in an area of the outer
Continental Shelf that is adjacent to the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana
Islands.''.
(2) Wind lease sales for areas of the outer continental
shelf.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) is amended by adding at the end the following:
``SEC. 33. WIND LEASE SALES FOR AREAS OF THE OUTER
CONTINENTAL SHELF OFFSHORE OF TERRITORIES OF
THE UNITED STATES.
``(a) Wind Lease Sales Off Coasts of Territories of the
United States.--
``(1) Call for information and nominations.--
``(A) In general.--The Secretary shall issue calls for
information and nominations for proposed wind lease sales for
areas of the outer Continental Shelf described in paragraph
(2) that are determined to be feasible.
``(B) Initial call.--Not later than September 30, 2025, the
Secretary shall issue an initial call for information and
nominations under this paragraph.
``(2) Conditional wind lease sales.--The Secretary may
conduct wind lease sales in each area within the exclusive
economic zone of the United States adjacent to the
Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, or the Commonwealth of the Northern
Mariana Islands that meets each of the following criteria:
``(A) The Secretary has concluded that a wind lease sale in
the area is feasible.
``(B) The Secretary has determined that there is sufficient
interest in leasing the area.
``(C) The Secretary has consulted with the Governor of the
territory regarding the suitability of the area for wind
energy development.''.
PART 6--FOSSIL FUEL RESOURCES
SEC. 50261. OFFSHORE OIL AND GAS ROYALTY RATE.
Section 8(a)(1) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(a)(1)) is amended--
(1) in each of subparagraphs (A) and (C), by striking ``not
less than 12\1/2\ per centum'' each place it appears and
inserting ``not less than 16\2/3\ percent'';
(2) in subparagraph (F), by striking ``no less than 12\1/2\
per centum'' and inserting ``not less than 16\2/3\ percent'';
and
(3) in subparagraph (H), by striking ``no less than 12 and
\1/2\ per centum'' and inserting ``not less than 16\2/3\
percent''.
SEC. 50262. MINERAL LEASING ACT MODERNIZATION.
(a) Onshore Oil and Gas Royalty Rates.--
(1) Lease of oil and gas land.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is amended--
(A) in subsection (b)(1)(A), in the fifth sentence--
(i) by striking ``12.5'' and inserting ``16\2/3\''; and
(ii) by inserting ``or, in the case of a lease issued
during the 10-year period beginning on the date of enactment
of the Act titled `An Act to provide for reconciliation
pursuant to title II of S. Con. Res. 14', 16\2/3\ percent in
amount or value of the production removed or sold from the
lease'' before the period at the end; and
(B) by striking ``12\1/2\ per centum'' each place it
appears and inserting ``16\2/3\ percent''.
(2) Conditions for reinstatement.--Section 31(e)(3) of the
Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by
striking ``16\2/3\'' each place it appears and inserting
``20''.
(b) Oil and Gas Minimum Bid.--Section 17(b) of the Mineral
Leasing Act (30 U.S.C. 226(b)) is amended--
(1) in paragraph (1)(B), in the first sentence, by striking
``$2 per acre for a period of 2 years from the date of
enactment of the Federal Onshore Oil and Gas Leasing Reform
Act of 1987.'' and inserting ``$10 per acre during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14'.''; and
(2) in paragraph (2)(C), by striking ``$2 per acre'' and
inserting ``$10 per acre''.
(c) Fossil Fuel Rental Rates.--
(1) Annual rentals.--Section 17(d) of the Mineral Leasing
Act (30 U.S.C. 226(d)) is amended, in the first sentence, by
striking ``$1.50 per acre'' and all that follows through the
period at the end and inserting ``$3 per acre per year during
the 2-year period beginning on the date the lease begins for
new leases, and after the end of that 2-year period, $5 per
acre per year for the following 6-year period, and not less
than $15 per acre per year thereafter, or, in the case of a
lease issued during the 10-year period beginning on the date
of enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14', $3
per acre per year during the 2-year period beginning on the
date the lease begins, and after the end of that 2-year
period, $5 per acre per year for the following 6-year period,
and $15 per acre per year thereafter.''.
(2) Rentals in reinstated leases.--Section 31(e)(2) of the
Mineral Leasing Act (30 U.S.C. 188(e)(2)) is amended by
striking ``$10'' and inserting ``$20''.
(d) Expression of Interest Fee.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is amended by adding at the end
the following:
``(q) Fee for Expression of Interest.--
``(1) In general.--The Secretary shall assess a
nonrefundable fee against any person that, in accordance with
procedures established by the Secretary to carry out this
subsection, submits an expression of interest in leasing land
available for disposition under this section for exploration
for, and development of, oil or gas.
[[Page S4292]]
``(2) Amount of fee.--
``(A) In general.--Subject to subparagraph (B), the fee
assessed under paragraph (1) shall be $5 per acre of the area
covered by the applicable expression of interest.
``(B) Adjustment of fee.--The Secretary shall, by
regulation, not less frequently than every 4 years, adjust
the amount of the fee under subparagraph (A) to reflect the
change in inflation.''.
(e) Elimination of Noncompetitive Leasing.--
(1) In general.--Section 17 of the Mineral Leasing Act (30
U.S.C. 226) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(I) in the first sentence, by striking ``paragraphs (2) and
(3) of this subsection'' and inserting ``paragraph (2)''; and
(II) by striking the last sentence; and
(ii) by striking paragraph (3);
(B) by striking subsection (c) and inserting the following:
``(c) Additional Rounds of Competitive Bidding.--Land made
available for leasing under subsection (b)(1) for which no
bid is accepted or received, or the land for which a lease
terminates, expires, is cancelled, or is relinquished, may be
made available by the Secretary of the Interior for a new
round of competitive bidding under that subsection.''; and
(C) by striking subsection (e) and inserting the following:
``(e) Term of Lease.--
``(1) In general.--Any lease issued under this section,
including a lease for tar sand areas, shall be for a primary
term of 10 years.
``(2) Continuation of lease.--A lease described in
paragraph (1) shall continue after the primary term of the
lease for any period during which oil or gas is produced in
paying quantities.
``(3) Additional extensions.--Any lease issued under this
section for land on which, or for which under an approved
cooperative or unit plan of development or operation, actual
drilling operations were commenced and diligently prosecuted
prior to the end of the primary term of the lease shall be
extended for 2 years and for any period thereafter during
which oil or gas is produced in paying quantities.''.
(2) Conforming amendments.--Section 31 of the Mineral
Leasing Act (30 U.S.C. 188) is amended--
(A) in subsection (d)(1), in the first sentence, by
striking ``or section 17(c) of this Act'';
(B) in subsection (e)--
(i) in paragraph (2)--
(I) by striking ``either''; and
(II) by striking ``or the inclusion'' and all that follows
through ``, all''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by adding ``and'' after the
semicolon;
(II) by striking subparagraph (B); and
(III) by striking ``(3)(A) payment'' and inserting the
following:
``(3) payment'';
(C) in subsection (g)--
(i) in paragraph (1), by striking ``as a competitive'' and
all that follows through ``of this Act'' and inserting ``in
the same manner as the original lease issued pursuant to
section 17'';
(ii) by striking paragraph (2);
(iii) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(iv) in paragraph (2) (as so redesignated), by striking
``applicable to leases issued under subsection 17(c) of this
Act (30 U.S.C. 226(c)) except,'' and inserting ``except'';
(D) in subsection (h), by striking ``subsections (d) and
(f) of this section'' and inserting ``subsection (d)'';
(E) in subsection (i), by striking ``(i)(1) In acting'' and
all that follows through ``of this section'' in paragraph (2)
and inserting the following:
``(i) Royalty reduction in reinstated leases.--In acting on
a petition for reinstatement pursuant to subsection (d)'';
(F) by striking subsection (f); and
(G) by redesignating subsections (g) through (j) as
subsections (f) through (i), respectively.
SEC. 50263. ROYALTIES ON ALL EXTRACTED METHANE.
(a) In General.--For all leases issued after the date of
enactment of this Act, except as provided in subsection (b),
royalties paid for gas produced from Federal land and on the
outer Continental Shelf shall be assessed on all gas
produced, including all gas that is consumed or lost by
venting, flaring, or negligent releases through any equipment
during upstream operations.
(b) Exception.--Subsection (a) shall not apply with respect
to--
(1) gas vented or flared for not longer than 48 hours in an
emergency situation that poses a danger to human health,
safety, or the environment;
(2) gas used or consumed within the area of the lease,
unit, or communitized area for the benefit of the lease,
unit, or communitized area; or
(3) gas that is unavoidably lost.
______
SA 5282. Mr. TILLIS submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title I, add the following:
Subtitle _--Safeguarding Patient Access to Cutting-edge Therapies by
Protecting Small Businesses From Onerous Permanent Mandates and
Catastrophic Penalties Under the New Federal Program
SEC. 1_001. SAFEGUARDING PATIENT ACCESS TO CUTTING-EDGE
THERAPIES BY PROTECTING SMALL BUSINESSES FROM
ONEROUS PERMANENT MANDATES AND CATASTROPHIC
PENALTIES UNDER THE NEW FEDERAL PROGRAM.
Sec. 1192(d) of the Social Security Act, as added by
section 11001, is amended--
(1) in paragraph (2)(A), in the matter preceding clause
(i), by striking ``, with respect to the initial price
applicability years 2026, 2027, and 2028,''; and
(2) in paragraph (3)(A)(ii), by striking ``for initial
price applicability years 2026, 2027, and 2028,''.
SEC. 1_002. REDUCTION OF ADDITIONAL IRS FUNDING FOR
ENFORCEMENT.
Section 10301(a)(1)(A)(i)(II) of this Act is amended by
striking ``$45,637,400,000'' and inserting
``$40,637,400,000''.
______
SA 5283. Mr. TILLIS submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 1 of subtitle B of title I, add the
following:
SEC. 11005. ENSURING ACCESS FOR MEDICARE BENEFICIARIES TO
GENETICALLY TARGETED TECHNOLOGIES.
Sec. 1192(e)(3) of the Social Security Act, as added by
section 11001, is amended by adding at the end the following
new subparagraph:
``(D) Genetically targeted technologies.--A drug product
using a genetically targeted technology including cell, gene,
siRNA, and radio ligand therapies.''.
______
SA 5284. Mr. TILLIS submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of section 11004, insert the following:
SEC. 11005. EQUALIZING THE NEGOTIATION PERIOD BETWEEN SMALL-
MOLECULE AND BIOLOGIC CANDIDATES UNDER THE DRUG
PRICE NEGOTIATION PROGRAM.
Part E of title XI of the Social Security Act, as added by
section 11001, is amended--
(1) in section 1192(e)(1)(A)(ii), by striking ``7 years''
and inserting ``11 years''; and
(2) in section 1194(g)(1)(A), by striking ``9 years'' and
inserting ``13 years''.
______
SA 5285. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Beginning on page 689, strike line 8 and all that follows
through page 714, line 7, and insert the following:
SEC. 60106. FUNDING TO ADDRESS AIR POLLUTION AT SCHOOLS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$37,500,000, to remain available until September 30, 2031,
for grants and other activities to monitor and reduce
greenhouse gas emissions and other air pollutants at schools
in low-income and disadvantaged communities under subsections
(a) through (c) of section 103 of the Clean Air Act (42
U.S.C. 7403(a)-(c)) and section 105 of that Act (42 U.S.C.
7405).
(b) Technical Assistance.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$12,500,000, to remain available until September 30, 2031,
for providing technical assistance to schools in low-income
and disadvantaged communities under subsections (a) through
(c) of section 103 of the Clean Air Act (42 U.S.C. 7403(a)-
(c)) and section 105 of that Act (42 U.S.C. 7405)--
(1) to address environmental issues;
(2) to develop school environmental quality plans that
include standards for school building, design, construction,
and renovation; and
(3) to identify and mitigate ongoing air pollution hazards.
(c) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.
SEC. 60107. FUNDING FOR SECTION 211(O) OF THE CLEAN AIR ACT.
(a) Test and Protocol Development.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $5,000,000, to remain available until
September 30, 2031, to carry out section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) with respect to--
[[Page S4293]]
(1) the development and establishment of tests and
protocols regarding the environmental and public health
effects of a fuel or fuel additive;
(2) internal and extramural data collection and analyses to
regularly update applicable regulations, guidance, and
procedures for determining lifecycle greenhouse gas emissions
of a fuel; and
(3) the review, analysis, and evaluation of the impacts of
all transportation fuels, including fuel lifecycle
implications, on the general public and on low-income and
disadvantaged communities.
(b) Investments in Advanced Biofuels.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
until September 30, 2031, for new grants to industry and
other related activities under section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) to support investments in
advanced biofuels.
(c) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.
SEC. 60108. FUNDING FOR IMPLEMENTATION OF THE AMERICAN
INNOVATION AND MANUFACTURING ACT.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2026, to
carry out subsections (a) through (i) and subsection (k) of
section 103 of division S of Public Law 116-260 (42 U.S.C.
7675).
(2) Implementation and compliance tools.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000, to remain available until
September 30, 2026, to deploy new implementation and
compliance tools to carry out subsections (a) through (i) and
subsection (k) of section 103 of division S of Public Law
116-260 (42 U.S.C. 7675).
(3) Competitive grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until September 30, 2026,
for competitive grants for reclaim and innovative destruction
technologies under subsections (a) through (i) and subsection
(k) of section 103 of division S of Public Law 116-260 (42
U.S.C. 7675).
(b) Administration of Funds.--Of the funds made available
pursuant to subsection (a)(3), the Administrator of the
Environmental Protection Agency shall reserve 5 percent for
administrative costs necessary to carry out activities
pursuant to such subsection.
SEC. 60109. FUNDING FOR ENFORCEMENT TECHNOLOGY AND PUBLIC
INFORMATION.
(a) Compliance Monitoring.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $18,000,000, to remain available
until September 30, 2031, to update the Integrated Compliance
Information System of the Environmental Protection Agency and
any associated systems, necessary information technology
infrastructure, or public access software tools to ensure
access to compliance data and related information.
(b) Communications With ICIS.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000, to remain available until
September 30, 2031, for grants to States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)) to update
their systems to ensure communication with the Integrated
Compliance Information System of the Environmental Protection
Agency and any associated systems.
(c) Inspection Software.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$4,000,000, to remain available until September 30, 2031--
(1) to acquire or update inspection software for use by the
Environmental Protection Agency, States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)); or
(2) to acquire necessary devices on which to run such
inspection software.
SEC. 60110. ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to develop and carry out a program to support the
development, enhanced standardization and transparency, and
reporting criteria for environmental product declarations
that include measurements of the embodied greenhouse gas
emissions of the material or product associated with all
relevant stages of production, use, and disposal, and conform
with international standards, for construction materials and
products by--
(1) providing grants to businesses that manufacture
construction materials and products for developing and
verifying environmental product declarations, and to States,
Indian Tribes, and nonprofit organizations that will support
such businesses;
(2) providing technical assistance to businesses that
manufacture construction materials and products in developing
and verifying environmental product declarations, and to
States, Indian Tribes, and nonprofit organizations that will
support such businesses; and
(3) carrying out other activities that assist in measuring,
reporting, and steadily reducing the quantity of embodied
carbon of construction materials and products.
(b) Administrative Costs.--Of the amounts made available
under this section, the Administrator of the Environmental
Protection Agency shall reserve 5 percent for administrative
costs necessary to carry out this section.
(c) Definitions.--In this section:
(1) Greenhouse gas.--The term ``greenhouse gas'' means the
air pollutants carbon dioxide, hydrofluorocarbons, methane,
nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
(2) State.--The term ``State'' has the meaning given to
that term in section 302(d) of the Clean Air Act (42 U.S.C.
7602(d)).
SEC. 60111. METHANE EMISSIONS REDUCTION PROGRAM.
The Clean Air Act is amended by inserting after section 134
of such Act, as added by section 60103 of this Act, the
following:
``SEC. 135. METHANE EMISSIONS AND WASTE REDUCTION INCENTIVE
PROGRAM FOR PETROLEUM AND NATURAL GAS SYSTEMS.
``(a) Incentives for Methane Mitigation and Monitoring.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$850,000,000, to remain available until September 30, 2028--
``(1) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
owners and operators of applicable facilities to prepare and
submit greenhouse gas reports under subpart W of part 98 of
title 40, Code of Federal Regulations;
``(2) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency authorized
under subsections (a) through (c) of section 103 for methane
emissions monitoring;
``(3) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
reduce methane and other greenhouse gas emissions from
petroleum and natural gas systems, mitigate legacy air
pollution from petroleum and natural gas systems, and provide
funding for--
``(A) improving climate resiliency of communities and
petroleum and natural gas systems;
``(B) improving and deploying industrial equipment and
processes that reduce methane and other greenhouse gas
emissions and waste;
``(C) supporting innovation in reducing methane and other
greenhouse gas emissions and waste from petroleum and natural
gas systems;
``(D) permanently shutting in and plugging wells on non-
Federal land;
``(E) mitigating health effects of methane and other
greenhouse gas emissions, and legacy air pollution from
petroleum and natural gas systems in low-income and
disadvantaged communities; and
``(F) supporting environmental restoration; and
``(4) to cover all direct and indirect costs required to
administer this section, prepare inventories, gather
empirical data, and track emissions.
``(b) Incentives for Methane Mitigation From Conventional
Wells.--In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$700,000,000, to remain available until September 30, 2028,
for activities described in paragraphs (1) through (4) of
subsection (a) at marginal conventional wells.
``(c) Waste Emissions Charge.--The Administrator shall
impose and collect a charge on methane emissions that exceed
an applicable waste emissions threshold under subsection (f)
from an owner or operator of an applicable facility that
reports more than 25,000 metric tons of carbon dioxide
equivalent of greenhouse gases emitted per year pursuant to
subpart W of part 98 of title 40, Code of Federal
Regulations, regardless of the reporting threshold under that
subpart.
``(d) Applicable Facility.--For purposes of this section,
the term `applicable facility' means a facility within the
following industry segments, as defined in subpart W of part
98 of title 40, Code of Federal Regulations:
``(1) Offshore petroleum and natural gas production.
``(2) Onshore petroleum and natural gas production.
``(3) Onshore natural gas processing.
[[Page S4294]]
``(4) Onshore natural gas transmission compression.
``(5) Underground natural gas storage.
``(6) Liquefied natural gas storage.
``(7) Liquefied natural gas import and export equipment.
``(8) Onshore petroleum and natural gas gathering and
boosting.
``(9) Onshore natural gas transmission pipeline.
``(e) Charge Amount.--The amount of a charge under
subsection (c) for an applicable facility shall be equal to
the product obtained by multiplying--
``(1) the number of metric tons of methane emissions
reported pursuant to subpart W of part 98 of title 40, Code
of Federal Regulations, for the applicable facility that
exceed the applicable annual waste emissions threshold listed
in subsection (f) during the previous reporting period; and
``(2)(A) $900 for emissions reported for calendar year
2024;
``(B) $1,200 for emissions reported for calendar year 2025;
or
``(C) $1,500 for emissions reported for calendar year 2026
and each year thereafter.
``(f) Waste Emissions Threshold.--
``(1) Petroleum and natural gas production.--With respect
to imposing and collecting the charge under subsection (c)
for an applicable facility in an industry segment listed in
paragraph (1) or (2) of subsection (d), the Administrator
shall impose and collect the charge on the reported metric
tons of methane emissions from such facility that exceed--
``(A) 0.20 percent of the natural gas sent to sale from
such facility; or
``(B) 10 metric tons of methane per million barrels of oil
sent to sale from such facility, if such facility sent no
natural gas to sale.
``(2) Nonproduction petroleum and natural gas systems.--
With respect to imposing and collecting the charge under
subsection (c) for an applicable facility in an industry
segment listed in paragraph (3), (6), (7), or (8) of
subsection (d), the Administrator shall impose and collect
the charge on the reported metric tons of methane emissions
that exceed 0.05 percent of the natural gas sent to sale from
or through such facility.
``(3) Natural gas transmission.--With respect to imposing
and collecting the charge under subsection (c) for an
applicable facility in an industry segment listed in
paragraph (4), (5), or (9) of subsection (d), the
Administrator shall impose and collect the charge on the
reported metric tons of methane emissions that exceed 0.11
percent of the natural gas sent to sale from or through such
facility.
``(4) Common ownership or control.--In calculating the
total emissions charge obligation for facilities under common
ownership or control, the Administrator shall allow for the
netting of emissions by reducing the total obligation to
account for facility emissions levels that are below the
applicable thresholds within and across all applicable
segments identified in subsection (d).
``(5) Exemption.--Charges shall not be imposed pursuant to
paragraph (1) on emissions that exceed the waste emissions
threshold specified in such paragraph if such emissions are
caused by unreasonable delay, as determined by the
Administrator, in environmental permitting of gathering or
transmission infrastructure necessary for offtake of
increased volume as a result of methane emissions mitigation
implementation.
``(6) Exemption for regulatory compliance.--
``(A) In general.--Charges shall not be imposed pursuant to
subsection (c) on an applicable facility that is subject to
and in compliance with methane emissions requirements
pursuant to subsections (b) and (d) of section 111 upon a
determination by the Administrator that--
``(i) methane emissions standards and plans pursuant to
subsections (b) and (d) of section 111 have been approved and
are in effect in all States with respect to the applicable
facilities; and
``(ii) compliance with the requirements described in clause
(i) will result in equivalent or greater emissions reductions
as would be achieved by the proposed rule of the
Administrator entitled `Standards of Performance for New,
Reconstructed, and Modified Sources and Emissions Guidelines
for Existing Sources: Oil and Natural Gas Sector Climate
Review' (86 Fed. Reg. 63110 (November 15, 2021)), if such
rule had been finalized and implemented.
``(B) Resumption of charge.--If the conditions in clause
(i) or (ii) of subparagraph (A) cease to apply after the
Administrator has made the determination in that
subparagraph, the applicable facility will again be subject
to the charge under subsection (c) beginning in the first
calendar year in which the conditions in either clause (i) or
(ii) of that subparagraph are no longer met.
``(7) Plugged wells.--Charges shall not be imposed with
respect to the emissions rate from any well that has been
permanently shut-in and plugged in the previous year in
accordance with all applicable closure requirements, as
determined by the Administrator.
``(g) Period.--The charge under subsection (c) shall be
imposed and collected beginning with respect to emissions
reported for calendar year 2024 and for each year thereafter.
``(h) Reporting.--Not later than 2 years after the date of
enactment of this section, the Administrator shall revise the
requirements of subpart W of part 98 of title 40, Code of
Federal Regulations, to ensure the reporting under such
subpart, and calculation of charges under subsections (e) and
(f) of this section, are based on empirical data, including
data collected pursuant to subsection (a)(4), accurately
reflect the total methane emissions and waste emissions from
the applicable facilities, and allow owners and operators of
applicable facilities to submit empirical emissions data, in
a manner to be prescribed by the Administrator, to
demonstrate the extent to which a charge under subsection (c)
is owed.
``(i) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.''.
SEC. 60112. CLIMATE POLLUTION REDUCTION GRANTS.
The Clean Air Act is amended by inserting after section 135
of such Act, as added by section 60111 of this Act, the
following:
``SEC. 136. GREENHOUSE GAS AIR POLLUTION PLANS AND
IMPLEMENTATION GRANTS.
``(a) Appropriations.--
``(1) Greenhouse gas air pollution planning grants.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to carry out subsection (b).
``(2) Greenhouse gas air pollution implementation grants.--
In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$4,750,000,000, to remain available until September 30, 2026,
to carry out subsection (c).
``(3) Administrative costs.--Of the funds made available
under paragraph (2), the Administrator shall reserve 3
percent for administrative costs necessary to carry out this
section, to provide technical assistance to eligible
entities, to develop a plan that could be used as a model by
grantees in developing a plan under subsection (b), and to
model the effects of plans described in this section.
``(b) Greenhouse Gas Air Pollution Planning Grants.--The
Administrator shall make a grant to at least one eligible
entity in each State for the costs of developing a plan for
the reduction of greenhouse gas air pollution to be submitted
with an application for a grant under subsection (c). Each
such plan shall include programs, policies, measures, and
projects that will achieve or facilitate the reduction of
greenhouse gas air pollution. Not later than 270 days after
the date of enactment of this section, the Administrator
shall publish a funding opportunity announcement for grants
under this subsection.
``(c) Greenhouse Gas Air Pollution Reduction Implementation
Grants.--
``(1) In general.--The Administrator shall competitively
award grants to eligible entities to implement plans
developed under subsection (b).
``(2) Application.--To apply for a grant under this
subsection, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator shall
require, which such application shall include information
regarding the degree to which greenhouse gas air pollution is
projected to be reduced in total and with respect to low-
income and disadvantaged communities.
``(3) Terms and conditions.--The Administrator shall make
funds available to a grantee under this subsection in such
amounts, upon such a schedule, and subject to such conditions
based on its performance in implementing its plan submitted
under this section and in achieving projected greenhouse gas
air pollution reduction, as determined by the Administrator.
``(d) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) an air pollution control agency;
``(C) a municipality;
``(D) an Indian tribe; and
``(E) a group of one or more entities listed in
subparagraphs (A) through (D).
``(2) Greenhouse gas.--The term `greenhouse gas' means the
air pollutants carbon dioxide, hydrofluorocarbons, methane,
nitrous oxide, perfluorocarbons, and sulfur hexafluoride.''.
SEC. 60113. ENVIRONMENTAL PROTECTION AGENCY EFFICIENT,
ACCURATE, AND TIMELY REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $40,000,000, to remain available
until September 30, 2026, to provide for the development of
efficient, accurate, and timely reviews for permitting and
approval processes through the hiring and training of
personnel, the development of programmatic documents, the
procurement of technical or scientific services for reviews,
the development of environmental data or information systems,
stakeholder and community engagement, the purchase of new
equipment for environmental analysis, and the development of
geographic information systems and other analysis tools,
techniques, and guidance to improve agency transparency,
accountability, and public engagement.
[[Page S4295]]
SEC. 60114. LOW-EMBODIED CARBON LABELING FOR CONSTRUCTION
MATERIALS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2026,
for necessary administrative costs of the Administrator of
the Environmental Protection Agency to carry out this section
and to develop and carry out a program, in consultation with
the Administrator of the Federal Highway Administration for
construction materials used in transportation projects and
the Administrator of General Services for construction
materials used for Federal buildings, to identify and label
construction materials and products that have substantially
lower levels of embodied greenhouse gas emissions associated
with all relevant stages of production, use, and disposal, as
compared to estimated industry averages of similar materials
or products, as determined by the Administrator of the
Environmental Protection Agency, based on--
(1) environmental product declarations; or
(2) determinations by State agencies, as verified by the
Administrator of the Environmental Protection Agency.
(b) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.
Subtitle B--Hazardous Materials
SEC. 60201. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
The Clean Air Act is amended by inserting after section
136, as added by subtitle A of this title, the following:
``SEC. 137. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
______
SA 5286. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 708, strike lines 24 and 25 and insert the
following:
``(i) Prohibition.--In carrying out this section, the
Administrator may not ban the underground injection of fluids
or propping agents with respect to hydraulic fracturing
operations related to oil, gas, or geothermal production
activities.
``(j) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' means the air pollutants.
______
SA 5287. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike part 6 of subtitle D of title I.
______
SA 5288. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 5194 proposed by Mr. Schumer to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; which was ordered to lie on the table; as follows:
Strike sections 50261 and 50262.
______
SA 5289. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 5194 proposed by Mr. Schumer to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; which was ordered to lie on the table; as follows:
On page 43, strike lines 3 through 7 and insert the
following:
(c) No Tax Increases on Certain Taxpayers.--
(1) In general.--Nothing in this subsection shall increase
taxes on any taxpayer with a taxable income below $400,000.
(2) Audits.--No funds obligated under this subsection shall
be dedicated to enforcement activities that increase audit
rates against any taxpayer with a taxable income below
$400,000.
______
SA 5290. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 5194 proposed by Mr. Schumer to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. EXEMPTION OF GRANTS FROM TAXATION.
(a) In General.--Section 421 of the Coronavirus Economic
Relief for Transportation Services Act (15 U.S.C. 9111) is
amended by adding at the end the following new subsection:
``(g) Tax Treatment.--For purposes of the Internal Revenue
Code of 1986--
``(1) no amount shall be included in the gross income of
the eligible provider of transportation services by reason of
a grant under this section,
``(2) no deduction shall be denied, no tax attribute shall
be reduced, and no basis increase shall be denied, by reason
of the exclusion from gross income provided by paragraph (1),
and
``(3) in the case of an eligible provider of transportation
services which is a partnership or S corporation--
``(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of such Code, and
``(B) except as provided by the Secretary of the Treasury
(or the Secretary's delegate), any increase in the adjusted
basis of a partner's interest in a partnership under section
705 of such Code with respect to any amount described in
subparagraph (A) shall equal the partner's distributive share
of deductions resulting from costs described in subsection
(d) which are paid using a grant under this section.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years ending after the date of the
enactment of the Coronavirus Economic Relief for
Transportation Services Act.
______
SA 5291. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 374, strike line 20 and all that follows through
page 375, line 9, and insert the following:
``(A) any vehicle placed in service after December 31,
2027, with respect to which any of the applicable critical
minerals contained in the battery of such vehicle (as
described in subsection (e)(1)(A)) were extracted, processed,
or recycled by a foreign entity of concern (as defined in
section 40207(a)(5) of the Infrastructure Investment and Jobs
Act (42 U.S.C. 18741(a)(5))), or
``(B) any vehicle placed in service after December 31,
2026, with respect to which any of the components contained
in the battery of such vehicle (as described in subsection
(e)(2)(A)) were manufactured or assembled by a foreign entity
of concern (as so defined).''.
______
SA 5292. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of subtitle A of title II, add the following:
SEC. 20002. SUMMER ELECTRONIC BENEFIT TRANSFER FOR CHILDREN
PROGRAM.
The Richard B. Russell National School Lunch Act is amended
by inserting after section 13 (42 U.S.C. 1761) the following:
``SEC. 13A. SUMMER ELECTRONIC BENEFIT TRANSFER FOR CHILDREN
PROGRAM.
``(a) Definitions.--In this section:
``(1) Covered indian tribal organization.--The term
`covered Indian Tribal organization' means an Indian Tribal
organization that participates in the special supplemental
nutrition program.
``(2) Eligible child.--The term `eligible child' means,
with respect to a summer, a child who was, during the school
year immediately preceding such summer--
``(A) certified to receive free or reduced price lunch
under the school lunch program under this Act;
``(B) certified to receive free or reduced price breakfast
under the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773); or
``(C) enrolled in a school--
``(i) described in subparagraph (B), (C), (D), or (E) of
section 11(a)(1); or
``(ii) that is under a local educational agency that elects
to receive special assistance payments under subparagraph (F)
of that section.
``(3) Eligible household.--The term `eligible household'
means a household that includes at least 1 eligible child.
``(4) Program.--The term `program' means the program
established under subsection (b).
``(5) Special supplemental nutrition program.--The term
`special supplemental nutrition program' means the special
supplemental nutrition program for women, infants, and
children established under section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786).
``(6) Summer ebt benefits.--The term `summer EBT benefits'
means benefits provided under the program, during the summer
months, through electronic benefit transfer.
``(7) Supplemental nutrition assistance program.--The term
`supplemental nutrition assistance program' means the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
``(b) Establishment.--The Secretary shall establish a
program, to be known as the `Summer Electronic Benefit
Transfer for Children Program', under which States and
covered Indian Tribal organizations participating in the
program shall, for summer 2024 and summer 2025, issue summer
EBT benefits
[[Page S4296]]
to eligible households for the purpose of providing nutrition
assistance during the summer months to ensure children have
continued access to food when school is not in session.
``(c) Use of Benefits.--
``(1) In general.--Except as provided in paragraph (2),
summer EBT benefits issued by a State participating in the
program may be used only to purchase food (as defined in
section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012)) from retail food stores that have been approved for
participation in--
``(A) the supplemental nutrition assistance program in
accordance with section 9 of that Act (7 U.S.C. 2018); or
``(B) a nutrition assistance program in the Commonwealth of
the Northern Mariana Islands, Puerto Rico, or American Samoa
that is funded by a grant from the Department of Agriculture.
``(2) States participating in wic.--In the case of a State
participating in the program that participated in a
demonstration project carried out under section 749(g) of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2010 (Public Law
111-80; 123 Stat. 2132), during calendar year 2018 using a
special supplemental nutrition program model, summer EBT
benefits may also be used to purchase supplemental foods (as
defined in section 17(b) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(b))) from retailers that have been approved
for participation in--
``(A) the special supplemental nutrition program; or
``(B) the program under this section.
``(3) Covered indian tribal organizations.--Summer EBT
benefits issued by a covered Indian Tribal organization
participating in the program may only be used to purchase the
supplemental foods described in paragraph (2).
``(d) Amount.--Summer EBT benefits issued under the program
shall be in an amount, per summer month for each eligible
child in an eligible household, that is--
``(1) for calendar year 2024, equal to $65; and
``(2) for calendar year 2025, equal to the amount described
in paragraph (1), adjusted to the nearest lower dollar
increment to reflect changes to the cost of the thrifty food
plan (as defined in section 3 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012)) for the 12-month period ending on
November 30 of the preceding calendar year.
``(e) Form of Benefits.--Summer EBT benefits may be
issued--
``(1) in the form of an electronic benefit transfer card;
or
``(2) through electronic delivery.
``(f) Enrollment in Program.--
``(1) State requirements.--States participating in the
program shall--
``(A) automatically enroll eligible children in the program
without further application; and
``(B)(i) require local educational agencies to allow
eligible households to opt out of participation in the
program; and
``(ii) establish procedures for opting out of such
participation.
``(2) Covered indian tribal organization requirements.--
Covered Indian Tribal organizations participating in the
program shall, to the maximum extent practicable, meet the
requirements described in subparagraphs (A) and (B) of
paragraph (1).
``(g) Implementation Grants.--Not earlier than January 1,
2023, the Secretary shall provide grants to States and
covered Indian Tribal organizations to build capacity for
implementing the program.
``(h) Alternate Plans in the Case of Continuous School
Calendar.--The Secretary shall establish an alternative
method for determining the schedule and number of days during
which summer EBT benefits may be issued under the program in
the case of children who are under a continuous school
calendar.
``(i) Funding.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary, for each
of fiscal years 2023 through 2025, out of any money in the
Treasury not otherwise appropriated, such sums as are
necessary to carry out this section (including for
administrative expenses incurred by the Secretary, States,
covered Indian Tribal organizations, and local educational
agencies), to remain available for the 2-fiscal year period
following the date such amounts are made available.
``(2) Implementation grant funding.--In addition to amounts
otherwise available, including under paragraph (1), there is
appropriated to the Secretary for fiscal year 2024, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until expended, to carry out
subsection (g).
``(j) Sunset.--The authority under this section shall
terminate on September 30, 2025.''.
______
SA 5293. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 70002, in the matter preceding paragraph (1),
strike ``$3,000,000,000'' and insert ``$7,500,000,000''.
______
SA 5294. Mr. MERKLEY (for himself and Ms. Baldwin) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
On page 378, strike line 6 and all that follows through
page 384, line 5, and insert the following:
(g) Transfer of Credit.--
(1) In general.--Section 30D is amended--
(A) by redesignating subsection (g) as subsection (h), and
(B) by inserting after subsection (f) the following:
``(g) Transfer of Credit.--
``(1) In general.--Subject to such regulations or other
guidance as the Secretary determines necessary or
appropriate, if the taxpayer who acquires a new clean vehicle
elects the application of this subsection with respect to
such vehicle, the credit which would (but for this
subsection) be allowed to such taxpayer with respect to such
vehicle shall be allowed to the eligible entity specified in
such election (and not to such taxpayer).
``(2) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means, with respect to the vehicle
for which the credit is allowed under subsection (a), the
dealer which sold such vehicle to the taxpayer and has--
``(A) subject to paragraph (4), registered with the
Secretary for purposes of this paragraph, at such time, and
in such form and manner, as the Secretary may prescribe,
``(B) prior to the election described in paragraph (1) and
not later than at the time of such sale, disclosed to the
taxpayer purchasing such vehicle--
``(i) the manufacturer's suggested retail price,
``(ii) the value of the credit allowed and any other
incentive available for the purchase of such vehicle, and
``(iii) the amount provided by the dealer to such taxpayer
as a condition of the election described in paragraph (1),
``(C) not later than at the time of such sale, made payment
to such taxpayer (whether in cash or in the form of a partial
payment or down payment for the purchase of such vehicle) in
an amount equal to the credit otherwise allowable to such
taxpayer, and
``(D) with respect to any incentive otherwise available for
the purchase of a vehicle for which a credit is allowed under
this section, including any incentive in the form of a rebate
or discount provided by the dealer or manufacturer, ensured
that--
``(i) the availability or use of such incentive shall not
limit the ability of a taxpayer to make an election described
in paragraph (1), and
``(ii) such election shall not limit the value or use of
such incentive.
``(3) Timing.--An election described in paragraph (1) shall
be made by the taxpayer not later than the date on which the
vehicle for which the credit is allowed under subsection (a)
is purchased.
``(4) Revocation of registration.--Upon determination by
the Secretary that a dealer has failed to comply with the
requirements described in paragraph (2), the Secretary may
revoke the registration (as described in subparagraph (A) of
such paragraph) of such dealer.
``(5) Tax treatment of payments.--With respect to any
payment described in paragraph (2)(C), such payment--
``(A) shall not be includible in the gross income of the
taxpayer, and
``(B) with respect to the dealer, shall not be deductible
under this title.
``(6) Application of certain other requirements.--In the
case of any election under paragraph (1) with respect to any
vehicle--
``(A) the requirements of paragraphs (1) and (2) of
subsection (f) shall apply to the taxpayer who acquired the
vehicle in the same manner as if the credit determined under
this section with respect to such vehicle were allowed to
such taxpayer,
``(B) paragraph (6) of such subsection shall not apply, and
``(C) the requirement of paragraph (9) of such subsection
(f) shall be treated as satisfied if the eligible entity
provides the vehicle identification number of such vehicle to
the Secretary in such manner as the Secretary may provide.
``(7) Advance payment to registered dealers.--
``(A) In general.--The Secretary shall establish a program
to make advance payments to any eligible entity in an amount
equal to the cumulative amount of the credits allowed under
subsection (a) with respect to any vehicles sold by such
entity for which an election described in paragraph (1) has
been made.
``(B) Excessive payments.--Rules similar to the rules of
section 6417(c)(6) shall apply for purposes of this
paragraph.
``(C) Treatment of advance payments.--For purposes of
section 1324 of title 31, United States Code, the payments
under subparagraph (A) shall be treated in the same manner as
a refund due from a credit provision referred to in
subsection (b)(2) of such section.
``(8) Dealer.--For purposes of this subsection, the term
`dealer' means a person licensed by a State, the District of
Columbia, the Commonwealth of Puerto Rico, any other
territory or possession of the United States, an Indian
tribal government, or any
[[Page S4297]]
Alaska Native Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)) to
engage in the sale of vehicles.
``(9) Indian tribal government.--For purposes of this
subsection, the term `Indian tribal government' means the
recognized governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community, component
band, or component reservation, individually identified
(including parenthetically) in the list published most
recently as of the date of enactment of this subsection
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).''.
(2) Conforming amendments.--Section 30D, as amended by the
preceding provisions of this section, is amended--
(A) in subsection (d)(1)(H) of such section--
(i) in clause (iv), by striking ``and'' at the end,
(ii) in clause (v), by striking the period at the end and
inserting ``, and'', and
(iii) by adding at the end the following:
``(vi) in the case of a taxpayer who makes an election
under subsection (g)(1), any amount described in subsection
(g)(2)(C) which has been provided to such taxpayer.'', and
(B) in subsection (f)--
(i) by striking paragraph (3), and
(ii) in paragraph (8), by inserting ``, including any
vehicle with respect to which the taxpayer elects the
application of subsection (g)'' before the period at the end.
(h) Extension of Credit for Qualified 2- or 3- Wheeled
Plug-in Electric Vehicles; Termination.--Section 30D is
amended--
(1) in subsection (h)(3), as redesignated by the preceding
provisions of this section--
(A) in subparagraph (B), by striking ``4 kilowatt hours''
and inserting ``7 kilowatt hours'', and
(B) by striking subparagraph (E) and inserting the
following:
``(E) in the case of a vehicle placed in service after
December 31, 2026, the final assembly of which occurs within
the United States.''.
(2) by adding at the end the following:
``(i) Termination.--No credit shall be allowed under this
section with respect to any vehicle placed in service after
December 31, 2032.''.
______
SA 5295. Mr. MERKLEY (for himself and Mr. Sanders) submitted an
amendment intended to be proposed by him to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place in subtitle B of title V, insert
the following:
SEC. 502__. WITHDRAWAL OF CERTAIN AREAS OFFERED FOR LEASE.
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) (as amended by section 50251(b)(2)) is amended by
adding at the end the following:
``SEC. 34. RIGHT TO REQUEST WITHDRAWAL.
``Notwithstanding any other provision of this or any other
Act, with respect to any area offered for lease under a 5-
year plan pursuant to this Act, the Secretary, on request of
the Governor of a State or territory any waters of which are
not more than 50 miles from the area offered for lease, shall
withdraw the area from such offer.''.
______
SA 5296. Mr. MERKLEY (for himself and Mr. Sanders) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
Strike sections 50264 and 50265.
______
SA 5297. Mr. MERKLEY (for himself and Mr. Sanders) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. ___. FUNDING FOR HOUSING.
(a) Capital Fund.--In addition to amounts otherwise
available for such purposes, there are appropriated to the
Capital Fund established under section 9(d) of the United
States Housing Act of 1937 (42 U.S.C. 1437g(d)), out of
amounts in the Treasury not otherwise appropriated,
$10,000,000,000, to remain available until September 30,
2031, which shall be--
(1) distributed under the same formula by which amounts in
that Fund were distributed during fiscal year 2021; and
(2) made available not later than 60 days after the date of
the enactment of this Act.
(b) Repair, Replacement, Construction.--In addition to
amounts otherwise available for such purposes, there are
appropriated to the Secretary of Housing and Urban
Development, out of amounts in the Treasury not otherwise
appropriated, $53,000,000,000, to remain available until
September 30, 2026, to carry out capital and management
activities under section 9(d)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437g(d)(1)) for priority investments
determined by the Secretary of Housing and Urban Development
to repair, replace, or construct properties assisted under
such section 9.
(c) HOME Investment Partnership.--
(1) In general.--In addition to amounts otherwise available
for such purposes, there are appropriated to the Secretary of
Housing and Urban Development, out of amounts in the Treasury
not otherwise appropriated--
(A) $10,000,000,000, to remain available until September
30, 2026, for activities and assistance for the HOME
Investment Partnerships Program, as authorized under sections
241 through 242, 244 through 253, 255 through 256, and 281
through 290 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12741-12742, 42 U.S.C. 12744-12753, 42
U.S.C. 12755-12756, 42 U.S.C. 12831-12840) (in this
subsection referred to as ``NAHA''), subject to the terms and
conditions in paragraph (2)(A); and
(B) $45,000,000,000, to remain available until September
30, 2026, for activities and assistance for the HOME
Investment Partnerships Program, as authorized under sections
241 through 242, 244 through 253, 255 through 256, and 281
through 290 of NAHA (42 U.S.C. 12741-12742, 42 U.S.C. 12744-
12753, 42 U.S.C. 12755-12756, 42 U.S.C. 12831-12840), subject
to the terms and conditions in paragraphs (2)(B) and (3).
(2) Formula.--(A) The Secretary shall allocate amounts made
available under paragraph (1)(A) pursuant to section 217 of
NAHA (42 U.S.C. 12747) to grantees that received allocations
pursuant to that same formula in fiscal year 2021, and shall
make such allocations within 60 days of the date of enactment
of this Act.
(B) The Secretary shall allocate amounts made available
under paragraph (1)(B) pursuant to the formula specified in
section 1338(c)(3) of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C.
4568(c)(3)) to grantees that received Housing Trust Fund
allocations pursuant to that same formula in fiscal year
2021, and shall make such allocations within 60 days of the
date of enactment of this Act.
(3) Eligible activities.--Other than as provided in
paragraph (4), funds made available under paragraph (1)(B)
may only be used for eligible activities described in
subparagraphs (A) through (B)(i) of section 1338(c)(7) of the
Federal Housing Enterprises Financial Safety and Soundness
Act of 1992 (12 U.S.C. 4568(c)(7)), except that not more than
10 percent of funds made available may be used for activities
under such subparagraph (B)(i).
(4) Funding restrictions.--The commitment requirements in
section 218(g) of NAHA (42 U.S.C. 12748(g)), the matching
requirements in section 220 of NAHA (42 U.S.C. 12750), and
the set aside for housing developed, sponsored, or owned by
community housing development organizations required under
section 231 of NAHA (42 U.S.C. 12771) shall not apply for
amounts made available under this section.
(5) Reallocation.--For funds provided under subparagraphs
(A) and (B) of paragraph (1), the Secretary may recapture
certain amounts remaining available to a grantee under this
section or amounts declined by a grantee, and reallocate such
amounts to other grantees under that paragraph to ensure fund
expenditure, geographic diversity, and availability of
funding to communities within the State from which the funds
have been recaptured.
(6) Administration.--Notwithstanding subsections (c) and
(d)(1) of section 212 of NAHA (42 U.S.C. 12742), grantees may
use not more than 15 percent of their allocations under this
section for administrative and planning costs.
(7) Waivers.--The Secretary may waive or specify
alternative requirements for any provision of NAHA specified
in subparagraph (A) or (B) of paragraph (1) or regulation for
the administration of the amounts made available under this
section, other than requirements related to tenant rights and
protections, fair housing, nondiscrimination, labor
standards, and the environment, upon a finding that the
waiver or alternative requirement is necessary to facilitate
the use of amounts made available under this section.
(8) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
(d) Rental Assistance for Extremely Low-income Families.--
In addition to amounts otherwise available for such purposes,
there are appropriated to the Secretary of Housing and Urban
Development, out of amounts in the Treasury not otherwise
appropriated, $15,000,000,000, to remain available until
September 30, 2029, for--
(1) incremental tenant-based rental assistance for
extremely low-income families under section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o));
(2) renewals of the tenant-based rental assistance
described in paragraph (1); and
(3) fees for the costs of administering the tenant-based
rental assistance described in paragraph (1) and other
expenses relating to the use of that assistance.
(e) Rental Assistance for Households Experiencing or at
Risk of Homelessness.--In addition to amounts otherwise
available for such purposes, there are appropriated to the
Secretary of Housing and Urban Development, out of amounts in
the Treasury not otherwise appropriated,
[[Page S4298]]
$7,000,000,000, to remain available until September 30, 2029,
for--
(1) incremental tenant-based rental assistance under
section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)) for--
(A) households experiencing or at risk of homelessness;
(B) survivors of domestic violence, dating violence, sexual
assault, and stalking; and
(C) survivors of trafficking;
(2) renewals of the tenant-based rental assistance
described in paragraph (1); and
(3) fees for the costs of administering the tenant-based
rental assistance described in paragraph (1) and other
expenses relating to the use of that assistance.
SEC. ___. COMMUNITY RESTORATION AND REVITALIZATION FUND.
(a) Appropriation.--In addition to amounts otherwise
available, there are appropriated to the Community
Restoration and Revitalization Fund established under
subsection (b) for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000, to
remain available until September 30, 2031, for the award of
grants to eligible recipients to create, expand, and maintain
community land trusts and shared equity homeownership through
the acquisition, rehabilitation, and new construction of
affordable, accessible housing.
(b) Establishment of Fund.--The Secretary of Housing and
Urban Development (in this section referred to as the
``Secretary'') shall establish a Community Restoration and
Revitalization Fund (in this section referred to as the
``Fund'') to award planning and implementation grants on a
competitive basis to eligible recipients for activities
authorized under subsections (a) through (g) of section 105
of the Housing and Community Development Act of 1974 (42
U.S.C. 5305) and under this section for community-led
affordable housing and civic infrastructure projects.
(c) Eligible Geographical Areas, Recipients, and
Applicants.--
(1) Geographical areas.--The Secretary shall award grants
from the Fund to eligible recipients within geographical
areas at the neighborhood, county, or census tract level and
census tracts adjacent to the project area that are areas in
need of investment, as demonstrated by two or more of the
following factors:
(A) High and persistent rates of poverty.
(B) Population at risk of displacement due to rising
housing costs.
(C) Dwelling unit sales prices that are lower than the cost
to acquire and rehabilitate, or build, a new dwelling unit.
(D) High proportions of residential and commercial
properties that are vacant due to foreclosure, eviction,
abandonment, or other causes.
(E) Low rates of homeownership by race and ethnicity,
relative to the national homeownership rate.
(F) Served by a local, regional, or Statewide lead
applicant or joint applicant described in subsection (d) with
a demonstrated commitment to, and experience with, long-term
affordability through a community land trust or shared equity
homeownership program.
(2) Eligible recipient.--An eligible recipient of a grant
under this section shall be a local partnership of a lead
applicant and one or more joint applicants with the ability
to administer the grant.
(d) Eligible Recipients and Applicants.--
(1) Lead applicant.--An eligible lead applicant for a grant
awarded under this section shall be an entity that is located
within or serves the geographic area of the project, or
derives its mission and operational priorities from the needs
of the geographic area of the project, demonstrates a
commitment to anti-displacement efforts, and that is--
(A) a nonprofit organization that has expertise in
community planning, engagement, organizing, housing and
community development;
(B) a community development corporation;
(C) a community housing development organization;
(D) a community-based development organization; or
(E) a community development financial institution, as
defined in section 103 of the Riegle Community Development
and Regulatory Improvement Act of 1994 (12 U.S.C. 4702).
(2) Joint applicants.--A joint applicant shall be an entity
eligible to be a lead applicant in paragraph (1), or a local,
regional, or national--
(A) nonprofit organization;
(B) community development financial institution;
(C) unit of general local government;
(D) Indian Tribe;
(E) State housing finance agency;
(F) land bank;
(G) fair housing enforcement organization, as defined in
section 561 of the Housing and Community Development Act of
1987 (42 U.S.C. 3616a);
(H) public housing agency;
(I) tribally designated housing entity; or
(J) philanthropic organization.
(3) Lack of local entity.--A regional, State, or national
nonprofit organization may serve as a lead entity if there is
no local entity that meets the geographic requirements in
paragraph (1).
(e) Community Land Trust Grants and Shared Equity
Homeownership Grants.--An eligible recipient of a community
land trust grant awarded under this section may use the
grant--
(1) for activities to support the production, acquisition,
and rehabilitation of housing for use in a community land
trust or shared equity homeownership program; and
(2) to expand the capacity of the recipient to carry out
the grant.
(f) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Community land trust.--The term ``community land trust'
'' means a nonprofit organization or State or local
governments or instrumentalities that--
(A) use a ground lease or deed covenant with an
affordability period of at least 30 years or more to--
(i) make rental and homeownership units affordable to
households; and
(ii) stipulate a preemptive option to purchase the
affordable rentals or homeownership units so that the
affordability of the units is preserved for successive
income-eligible households; and
(B) monitor properties to ensure affordability is
preserved.
(2) Shared equity homeownership program.--The term ``shared
equity homeownership program'' means a program to facilitate
affordable homeownership preservation through a resale
restriction program administered by a community land trust,
other nonprofit organization, or State or local government or
instrumentalities and that utilizes a ground lease, deed
restriction, subordinate loan, or similar mechanism with
provisions ensuring that the program shall--
(A) maintain the home as affordable for subsequent very
low-, low-, or moderate-income families for an affordability
term of at least 30 years after recordation;
(B) apply a resale formula that limits the homeowner's
proceeds upon resale; and
(C) provide the program administrator or such
administrator's assignee a preemptive option to purchase the
homeownership unit from the homeowner at resale.
(g) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
______
SA 5298. Mr. MERKLEY (for himself and Mr. Sanders) submitted an
amendment intended to be proposed by him to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--EDUCATION AND LABOR
SEC. ___. GRANTS FOR TUITION-FREE COMMUNITY COLLEGE.
Title VII of the Higher Education Act of 1965 (20 U.S.C.
1133 et seq.) is amended by adding at the end the following:
``PART F--AMERICA'S COLLEGE PROMISE
``SEC. 785. GRANT AWARDS.
``(a) In General.--Beginning with award year 2023-2024,
from amounts appropriated to carry out this part under
section 793 for any fiscal year, the Secretary shall award
grants to States and eligible Tribal Colleges and
Universities to pay the Federal share of expenditures needed
to carry out the activities and services described in section
789.
``(b) Timing of Grant Awards.--The Secretary shall award
grant funds under subsection (a) for an award year not less
than 30 days before the first day of the award year.
``SEC. 786. FEDERAL SHARE; STATE SHARE.
``(a) Federal Share.--
``(1) In general.--
``(A) Amount.--Subject to paragraph (2), the amount of the
Federal share of a grant under section 785 shall be based on
a formula that provides, for each eligible student enrolled
in a community college operated or controlled by the State or
in an eligible Tribal College or University, a per-student
amount (based on full-time equivalent enrollment) that is
equal to the applicable percent described in subparagraph
(B), or the percent described in paragraph (2) with respect
to an eligible Tribal College or University, of--
``(i) for the 2023-2024 award year, the median resident
community college tuition and fees per student in all States,
not weighted for enrollment, for the most recent award year
for which data are available; and
``(ii) for each subsequent award year, the amount
determined under this paragraph for the preceding award year,
increased by the lesser of--
``(I) a percentage equal to the estimated percentage
increase in the Consumer Price Index (as determined by the
Secretary) since the date of such determination; or
``(II) 3 percent.
``(B) Applicable percent.--The applicable percent for a
State receiving a grant under section 785 shall be--
``(i) for the 2023-2024 award year, 100 percent;
``(ii) for the 2024-2025 award year, 95 percent;
``(iii) for the 2025-2026 award year, 90 percent;
``(iv) for the 2026-2027 award year, 85 percent; and
``(v) for the 2027-2028 award year, 80 percent.
``(2) Tribal colleges and universities.--The amount of the
Federal share for an eligible Tribal College or University
receiving a grant under section 785 shall be the greater of--
``(A) 100 percent of the per-student amount determined in
accordance with clause (i) or
[[Page S4299]]
(ii) of paragraph (1)(A), as applicable, with respect to
eligible students enrolled in such eligible Tribal College or
University (based on full-time equivalent enrollment); or
``(B) the amount that is 100 percent of the total amount
needed to set tuition and fees to $0 for all eligible
students enrolled in such eligible Tribal College or
University for the 2022-2023 award year, increased by the
percentage increase in the Consumer Price Index (as
determined by the Secretary) between July 1, 2022, and the
applicable award year, and adjusted to reflect the enrollment
in such eligible Tribal College or University for such
applicable award year.
``(b) State Share.--
``(1) Formula.--
``(A) In general.--The State share of a grant under section
785 for each award year shall be the amount needed to pay the
applicable percent described in subparagraph (B) of the
median resident community college tuition and fees in all
States, not weighted for enrollment, per student (based on
full-time equivalent enrollment) determined in accordance
with subsection (a)(1)(A)(i) for all eligible students
enrolled in a community college operated or controlled by the
State for such award year.
``(B) Applicable percent.--The applicable percent shall
be--
``(i) for the 2023-2024 award year, 0 percent;
``(ii) for the 2024-2025 award year, 5 percent;
``(iii) for the 2025-2026 award year, 10 percent;
``(iv) for the 2026-2027 award year, 15 percent; and
``(v) for the 2027-2028 award year, 20 percent.
``(C) Obligation to provide share.--The State shall provide
the State share even if the State is able to set tuition and
fees charged to eligible students attending community
colleges operated or controlled by the State to $0 as
required by section 788(a) without such State share.
``(D) No double counting funds.--Except with respect to
funding described in paragraph (2)(A), no funds that count
toward the maintenance of effort requirement under section
788(c) may also count toward the State share under this
subsection.
``(E) Special rule for outlying areas and territories.--
``(i) In general.--If the Secretary determines that
requiring an outlying area or territory to provide a State
share in accordance with this subsection would represent a
substantial hardship for the outlying area or territory, the
Secretary may reduce or waive the State share for such area
or territory. If the Secretary so reduces or waives the
amount of the State share of an outlying area or territory,
the Secretary shall increase the applicable percent used to
calculate the Federal share for such area or territory, in
proportion to the reduction in the applicable percent used to
calculate such State share.
``(ii) Definition.--For the purposes of this subparagraph,
the term `outlying area or territory' means the Commonwealth
of Puerto Rico, the District of Columbia, Guam, American
Samoa, the United States Virgin Islands, the Commonwealth of
the Northern Mariana Islands, and the Freely Associated
States.
``(2) Inclusion of state financial aid and local funds.--In
the case of a State that demonstrates to the satisfaction of
the Secretary that community colleges operated or controlled
by such State will not experience a net reduction in total
per-student revenue (including revenue derived from tuition
and fees) as compared to the preceding fiscal year in such
State, a State may include, as part of the State share--
``(A) any financial aid that is provided from State funds
to an eligible student and that--
``(i)(I) is not awarded predominantly on the basis of
merit, including programs awarded on the basis of predicted
or actual academic performance or assessments; and
``(II) may be used by such student to pay any component of
cost of attendance, as defined under section 472; and
``(B) any funds provided to community colleges by local
governments in such State for the purpose of carrying out
this part.
``(3) Relationship to maintenance of effort.--The inclusion
of funds described in paragraph (2) as part of a State's
share shall modify the maintenance of effort requirements
under section 788(c) in accordance with the provisions of--
``(A) section 791(10)(B)(iii), with respect to funds
included under paragraph (2)(A); and
``(B) section 791(10)(A)(ii), with respect to funds
included under paragraph (2)(B).
``(4) No in-kind contributions.--A State shall not include
in-kind contributions for purposes of the State share
described in paragraph (1).
``(c) Determining Number of Eligible Students.--
``(1) In general.--For purposes of subsections (a) and (b),
the Secretary shall, in consultation with the State or
eligible Tribal College or University concerned, determine
the estimated number of eligible students enrolled in the
community colleges operated or controlled by such State or in
such eligible Tribal College or University for the applicable
award year.
``(2) Adjustment of grant amount.--For each year for which
a State or eligible Tribal College or University receives a
grant under section 785, the Secretary shall, once final
enrollment data for such year are available--
``(A) in consultation with the State or eligible Tribal
College or University concerned, determine the actual number
of eligible students enrolled in the community colleges
operated or controlled by such State or in such eligible
Tribal College or University for the year covered by the
grant; and
``(B) adjust the Federal share of the grant amount received
by the State or eligible Tribal College or University and the
State share under subsection (b) to reflect the actual number
of eligible students, which may include applying the relevant
adjustment to such Federal share or the State share, or both,
in the subsequent award year.
``(d) Community Colleges Operated or Controlled by State to
Include Community Colleges Operated or Controlled by Local
Governments Within the State.--For purposes of this part, the
term `community college operated or controlled by a State'
shall include a community college operated or controlled by a
local government within such State.
``(e) Inapplicability of State Requirements to Eligible
TCUs.--The Secretary may not apply any requirements
applicable only to States under this part to an eligible
Tribal College or University, including the requirements
under subsection (b) and subsections (b) and (c) of section
788.
``SEC. 787. APPLICATIONS.
``In order to receive a grant under section 785, a State or
eligible Tribal College or University shall submit an
application to the Secretary that includes--
``(1) an estimate of the number of eligible students
enrolled in the community colleges operated or controlled by
the State or in the eligible Tribal College or University and
the cost of waiving tuition and fees for all eligible
students for each award year covered by the grant;
``(2) in the case of a State, a list of each of the
community colleges operated or controlled by the State;
``(3) an assurance that each community college operated or
controlled by the State, or the eligible Tribal College or
University, as applicable, will set community college tuition
and fees for eligible students to $0 as required by section
788(a);
``(4) a description of how the State or eligible Tribal
College or University will ensure that programs leading to a
recognized postsecondary credential meet the quality criteria
established by the State under section 122(b)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3152(b)(1)) or other quality criteria determined appropriate
by the State or eligible Tribal College or University; and
``(5) an assurance that each community college operated or
controlled by the State or the eligible Tribal College or
University, as applicable, has entered into a program
participation agreement under section 487.
``SEC. 788. PROGRAM REQUIREMENTS.
``(a) General Requirements.--As a condition of receiving a
grant under section 785 in each award year, a State or
eligible Tribal College or University shall--
``(1) ensure that the total amount of tuition and fees
charged to an eligible student attending a community college
operated or controlled by the State or the eligible Tribal
College or University, as applicable, is $0;
``(2) not apply financial assistance for which an eligible
student qualifies to tuition or fees; and
``(3) not use any funds provided under this part for
administrative purposes relating to such grant.
``(b) State Requirements.--In addition to the requirements
under subsection (a) and as a condition of receiving a grant
under section 785, a State shall--
``(1) submit and implement a plan to align the requirements
for receiving a regular high school diploma from public
schools in the State with the requirements for entering
credit-bearing coursework at community colleges in such
State; and
``(2) not later than 3 years after the date on which the
State first receives a grant under section 785, certify to
the Secretary that such alignment has been achieved.
``(c) State Maintenance of Effort.--A State receiving a
grant under section 785 shall be entitled to receive its full
allotment of funds under this part for a fiscal year only if,
for each year of the grant, the State provides--
``(1) State fiscal support for higher education per full-
time equivalent student at a level equal to or exceeding the
average amount of State fiscal support for higher education
per full-time equivalent student provided for the 3
consecutive preceding fiscal years;
``(2) financial support for operating expenses (excluding
capital expenses and research and development costs) for
public 4-year institutions of higher education at a level
equal to or exceeding the average amount provided for the 3
consecutive preceding State fiscal years; and
``(3) financial support for need-based financial aid at a
level equal to or exceeding the average amount provided for
the 3 consecutive preceding State fiscal years.
``(d) No Additional Eligibility Requirements.--A State or
eligible Tribal College or University that receives a grant
under section 785 may not impose additional eligibility
requirements on eligible students other than the requirements
under this part.
``SEC. 789. ALLOWABLE USES OF FUNDS.
``(a) In General.--Except as provided in subsection (b)--
[[Page S4300]]
``(1) a State shall use a grant under section 785 only to
provide funds to each community college operated or
controlled by the State to enable each such community college
to set community college tuition and fees for eligible
students to $0 as required under section 788(a); and
``(2) an eligible Tribal College or University shall use a
grant under section 785 only to set community college tuition
and fees for eligible students to $0 as required under
section 788(a).
``(b) Additional Uses.--If a State or an eligible Tribal
College or University demonstrates to the Secretary that the
State or eligible Tribal College or University has grant
funds remaining after meeting the demand for activities
described in subsection (a), the State or eligible Tribal
College or University shall use the remaining funds to carry
out 1 or more of the following:
``(1) Providing need-based financial aid to students that
may be used by such students to pay any component of cost of
attendance, as defined under section 472.
``(2) Reducing unmet need at public 4-year institutions of
higher education.
``(3) Improving student outcomes by implementing evidence-
based institutional reforms or practices.
``(c) Supplement, Not Supplant.--Except as provided in
section 786(b)(2)(A), funds made available under this part
shall be used to supplement, and not supplant, other Federal,
State, Tribal, and local funds that would otherwise be
expended to carry out activities described in this section.
``(d) Continuation of Funding.--
``(1) In general.--Except as provided in paragraph (2), a
State or an eligible Tribal College or University receiving a
grant under section 785 for an award year may continue to
receive funding under this part for subsequent award years
conditioned on the availability of budget authority and on
meeting the requirements of the grant, as determined by the
Secretary.
``(2) Discontinuation.--The Secretary shall discontinue or
reduce funding of the Federal share of a grant under section
785 or section 790 if the State or an eligible Tribal College
or University has violated the terms of the grant.
``(e) Rule of Construction Regarding BIE Funds.--Nothing in
this part shall be construed to impact the availability of
funds from, or uses of funds provided by, the Bureau of
Indian Education for Tribal Colleges and Universities.
``SEC. 790. SUPPLEMENTAL GRANTS.
``(a) In General.--From amounts made available under
subsection (f), the Secretary shall award grants, through
allotments in accordance with subsection (b), to covered
States for the purpose of assisting the covered States in
reducing the costs of eliminating community college tuition
in accordance with this part.
``(b) Allotments.--For each fiscal year for which amounts
are available under subsection (f), each covered State shall
receive an allotment based on a formula developed by the
Secretary that--
``(1) provides covered States with allotments under this
section for each of fiscal years 2023 through 2028; and
``(2) accomplishes the purpose of this section.
``(c) Use of Funds.--A covered State receiving an allotment
under this section shall use the allotment to assist in
paying the State share of the program under this part, as
required under section 786(b).
``(d) State Share Exception.--Notwithstanding section 786
or any other provision of this part--
``(1) the Secretary shall not include amounts from
allotments provided under this section in the calculation of
the Federal share of a grant under section 785; and
``(2) a State may include amounts provided under this
section for a fiscal year for purposes of the State share
described in section 786(b).
``(e) Definition of Covered State.--In this section, the
term `covered State' means a State that--
``(1) has received a grant under section 785;
``(2) applies for a supplemental grant under this section,
in the manner determined by the Secretary; and
``(3) for the most recent award year for which data are
available, had an average community college tuition and fees
per in-State or in-district resident student, not weighted
for enrollment, that is higher than the median resident
community college tuition and fees per student in all States,
not weighted for enrollment, for such award year.
``(f) Appropriations.--In addition to amounts otherwise
available there is appropriated for fiscal year 2023, out of
any money in the Treasury not otherwise appropriated,
$2,000,000,000, to remain available until September 30, 2030.
``SEC. 791. DEFINITIONS.
``In this part:
``(1) Career pathway.--The term `career pathway' has the
meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(2) Community college.--The term `community college'
means--
``(A) a degree-granting public institution of higher
education at which--
``(i) the highest degree awarded is an associate degree; or
``(ii) an associate degree is the predominant degree
awarded;
``(B) an eligible Tribal College or University;
``(C) a degree-granting branch campus of a 4-year public
institution of higher education, if, at such branch campus--
``(i) the highest degree awarded is an associate degree; or
``(ii) an associate degree is the predominant degree
awarded; or
``(D) at the designation of the Secretary, in the case of a
State that does not operate or control any institution that
meets a definition under subparagraph (A) or (C), a college
or similarly defined and structured academic entity--
``(i) that was in existence on July 1, 2022;
``(ii) within a 4-year public institution of higher
education; and
``(iii) at which--
``(I) the highest degree awarded is an associate degree; or
``(II) an associate degree is the predominant degree
awarded.
``(3) Dual or concurrent enrollment program.--The term
`dual or concurrent enrollment program' has the meaning given
the term in section 8101 of the Elementary and Secondary
Education Act of 1965.
``(4) Early college high school.--The term `early college
high school' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965.
``(5) Eligible student.--The term `eligible student' means
a student who--
``(A) is enrolled as an undergraduate student in an
eligible program (as defined in section 481(b)) at a
community college on not less than a half-time basis;
``(B) in the case of a student who is enrolled in a
community college that charges different tuition rates on the
basis of in-State or in-district residency, either--
``(i) qualifies for in-State or in-district resident
tuition at such community college; or
``(ii) would qualify for such in-State or in-district
resident tuition at such community college, but for the
immigration status of such student;
``(C) has not been enrolled (whether full-time or less than
full-time) for more than 6 semesters (or the equivalent) for
which the community college tuition and fees of the student
were set to $0 pursuant to section 788(a);
``(D) is not enrolled in a dual or concurrent enrollment
program or early college high school; and
``(E) in the case of a student who is a United States
citizen, has filed a Free Application for Federal Student Aid
described in section 483 for the applicable award year for
which the student is enrolled.
``(6) Eligible tribal college or university.--The term
`eligible Tribal College or University' means--
``(A) a 2-year Tribal College or University; or
``(B) a degree-granting Tribal College or University--
``(i) at which the highest degree awarded is an associate
degree; or
``(ii) an associate degree is the predominant degree
awarded.
``(7) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(8) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' has the meaning given
the term in section 479.
``(9) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(10) State fiscal support for higher education.--
``(A) Inclusions.--
``(i) In general.--Except as provided in subparagraph (B),
the term `State fiscal support for higher education', used
with respect to a State for a fiscal year, means an amount
that is equal to--
``(I) the gross amount of applicable State funds
appropriated or dedicated, and expended by the State,
including funds from lottery receipts, in the fiscal year,
that are used to support institutions of higher education and
student financial aid for higher education in the State; and
``(II) any funds described in clause (ii), if applicable.
``(ii) Local funds.--In the case of a State that includes,
as part of the State share under section 786(b)(2)(B) for an
award year, funds provided to community colleges by local
governments in such State for the purpose of carrying out
this part, local funds provided to community colleges
operated or controlled by such State for operating expenses
(excluding capital expenses and research and development
costs) shall be included in the calculation of the State
fiscal support for higher education for such award year under
clause (i).
``(B) Exclusions.--State fiscal support for higher
education for a State for a fiscal year shall not include--
``(i) funds described in subparagraph (A) that are returned
to the State;
``(ii) State-appropriated funds derived from Federal
sources, including funds provided under section 786(a);
``(iii) funds that are included in the State share under
section 786(b), including funds included in the State share
in accordance with paragraph (2)(A) of such section;
``(iv) amounts that are portions of multiyear
appropriations to be distributed over multiple years that are
not to be spent for the year for which the calculation under
[[Page S4301]]
this paragraph is being made, subject to subparagraph (C);
``(v) tuition, fees, or other educational charges paid
directly by a student to a public institution of higher
education or to the State;
``(vi) funds for--
``(I) financial aid to students attending, or operating
expenses of--
``(aa) out-of-State institutions of higher education;
``(bb) proprietary institutions of higher education (as
defined in section 102(b)); or
``(cc) institutions of higher education not accredited by
an agency or association recognized by the Secretary pursuant
to section 496;
``(II) financial aid to students awarded predominantly on
the basis of merit, including programs awarded on the basis
of predicted or actual academic performance or assessments;
``(III) research and development; or
``(IV) hospitals, athletics, or other auxiliary
enterprises;
``(vii) corporate or other private donations directed to
one or more institutions of higher education permitted to be
expended by the State; or
``(viii) any other funds that the Secretary determines
shall not be included in the calculation of State fiscal
support for higher education for such State.
``(C) Adjustments for biennial appropriations.--The
Secretary shall take into consideration any adjustments to
the calculations under this paragraph that may be required to
accurately reflect State fiscal support for higher education
in States with biennial appropriation cycles.
``(11) State fiscal support for higher education per full-
time equivalent student.--The term `State fiscal support for
higher education per full-time equivalent student', when used
with respect to a State for a fiscal year, means the amount
that is equal to--
``(A) the State fiscal support for higher education for the
previous fiscal year; divided by
``(B) the number of full-time equivalent students enrolled
in public institutions of higher education in such State for
such previous fiscal year.
``(12) Tribal college or university.--The term `Tribal
College or University' has the meaning given such term in
section 316(b)(3).
``SEC. 792. SUNSET.
``(a) In General.--The authority to make grants under
section 785 and 790 shall expire at the end of award year
2027-2028.
``(b) Inapplicability of GEPA Contingent Extension of
Programs.--Section 422 of the General Education Provisions
Act (20 U.S.C. 1226a) shall not apply to this part.
``SEC. 793. APPROPRIATION.
``In addition to amounts otherwise available, there is
appropriated for fiscal year 2023, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary, to remain available until September 30, 2030, for
carrying out this part (except for section 790).''.
______
SA 5299. Mr. MERKLEY (for himself and Mr. Sanders) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
At the end of subtitle D of title I, insert the following:
PART 10--END POLLUTER WELFARE ACT
SEC. 14001. SHORT TITLE.
This part may be cited as the ``End Polluter Welfare Act of
2022''.
SEC. 14002. DEFINITION OF FOSSIL FUEL.
In this part, the term ``fossil fuel'' means coal,
petroleum, natural gas, or any derivative of coal, petroleum,
or natural gas that is used for fuel.
SEC. 14003. ROYALTY RELIEF.
(a) In General.--
(1) Outer continental shelf lands act.--Section 8(a)(3) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3))
is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).
(2) Energy policy act of 2005.--
(A) Incentives for natural gas production from deep wells
in the shallow waters of the gulf of mexico.--Section 344 of
the Energy Policy Act of 2005 (42 U.S.C. 15904) is repealed.
(B) Deep water production.--Section 345 of the Energy
Policy Act of 2005 (42 U.S.C. 15905) is repealed.
(b) Future Provisions.--Notwithstanding any other provision
of law, royalty relief shall not be permitted under a lease
issued under section 8 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337).
SEC. 14004. ROYALTIES UNDER MINERAL LEASING ACT.
(a) Coal Leases.--Section 7(a) of the Mineral Leasing Act
(30 U.S.C. 207(a)) is amended in the fourth sentence by
striking ``12\1/2\ per centum'' and inserting ``18\3/4\
percent''.
(b) Leases on Land on Which Oil or Natural Gas Is
Discovered.--Section 14 of the Mineral Leasing Act (30 U.S.C.
223) is amended in the fourth sentence by striking ``12\1/2\
per centum'' and inserting ``18\3/4\ percent''.
(c) Leases on Land Known or Believed To Contain Oil or
Natural Gas.--Section 17 of the Mineral Leasing Act (30
U.S.C. 226) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), in the fifth sentence, by striking
``12.5 percent'' and inserting ``18\3/4\ percent''; and
(B) in paragraph (2)(A)(ii), by striking ``12\1/2\ per
centum'' and inserting ``18\3/4\ percent'';
(2) in subsection (c)(1), in the second sentence, by
striking ``12.5 percent'' and inserting ``18\3/4\ percent'';
(3) in subsection (l), by striking ``12\1/2\ per centum''
each place it appears and inserting ``18\3/4\ percent''; and
(4) in subsection (n)(1)(C), by striking ``12\1/2\ per
centum'' and inserting ``18\3/4\ percent''.
SEC. 14005. ELIMINATION OF INTEREST PAYMENTS FOR ROYALTY
OVERPAYMENTS.
Section 111 of the Federal Oil and Gas Royalty Management
Act of 1982 (30 U.S.C. 1721) is amended by adding at the end
the following:
``(k) Payment of Interest.--Interest shall not be paid on
any overpayment.''.
SEC. 14006. REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE
FACILITIES AND PIPELINE OPERATORS.
Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C.
2704(a)) is amended--
(1) in paragraph (3), by striking ``plus $75,000,000; and''
and inserting ``and the liability of the responsible party
under section 1002;'';
(2) in paragraph (4)--
(A) by inserting ``(except an onshore pipeline transporting
diluted bitumen, bituminous mixtures, or any oil manufactured
from bitumen)'' after ``for any onshore facility''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(5) for any onshore facility transporting diluted
bitumen, bituminous mixtures, or any oil manufactured from
bitumen, the liability of the responsible party under section
1002.''.
SEC. 14007. RESTRICTIONS ON USE OF APPROPRIATED FUNDS BY
INTERNATIONAL FINANCIAL INSTITUTIONS FOR
PROJECTS THAT SUPPORT FOSSIL FUEL.
(a) Rescission of Unobligated Funds.--
(1) In general.--Of the unobligated balance of amounts
appropriated or otherwise made available for a contribution
of the United States to an international financial
institution, an amount specified in paragraph (2) shall be
rescinded if the institution provides support for a project
that supports the production or use of fossil fuels.
(2) Amount specified.--The amount specified in this
paragraph is an amount the Secretary of the Treasury
determines to be equivalent to the amount of support provided
by an international financial institution described in
paragraph (1) for a project that supports the production or
use of fossil fuels.
(b) Prohibition on Use of Future Funds.--No amounts
appropriated or otherwise made available for a contribution
of the United States to an international financial
institution may be provided to the institution unless the
institution agrees to not use the amount to provide support
for any project that supports the production or use of fossil
fuels.
(c) International Financial Institution Defined.--In this
section, the term ``international financial institution'' has
the meaning given that term in section 1701(c) of the
International Financial Institutions Act (22 U.S.C. 262r(c)).
SEC. 14008. FOSSIL ENERGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) Termination of Authority.--Notwithstanding any other
provision of law, the authority of the Secretary of Energy to
carry out the Fossil Energy Research and Development Program
of the Department of Energy is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Fossil Energy
Research and Development Program that remain unobligated as
of the date of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the Fossil Energy Research and Development
Program shall be expended, other than such amounts as are
necessary to cover costs incurred in terminating ongoing
research of the Fossil Energy Research and Development
Program, as determined by the Secretary of Energy, in
consultation with other appropriate Federal agencies.
SEC. 14009. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.
None of the funds made available to the Advanced Research
Projects Agency--Energy shall be used to carry out any
project that supports fossil fuel.
SEC. 14010. INCENTIVES FOR INNOVATIVE TECHNOLOGIES.
(a) In General.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (2) and (10); and
(B) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), (9), (11), and (12) as paragraphs (2), (3), (4), (5),
(6), (7), (8), (9), and (10), respectively;
(2) by striking subsection (c); and
(3) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively.
[[Page S4302]]
(b) Conforming Amendment.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
SEC. 14011. RURAL UTILITY SERVICE LOAN GUARANTEES.
Notwithstanding any other provision of law, the Secretary
of Agriculture may not make a loan under title III of the
Rural Electrification Act of 1936 (7 U.S.C. 931 et seq.) to
an applicant for the purpose of carrying out any project that
will use fossil fuel.
SEC. 14012. PROHIBITION ON USE OF FUNDS BY THE UNITED STATES
INTERNATIONAL DEVELOPMENT FINANCE CORPORATION
OR THE EXPORT-IMPORT BANK OF THE UNITED STATES
FOR FINANCING PROJECTS, TRANSACTIONS, OR OTHER
ACTIVITIES THAT SUPPORT FOSSIL FUEL.
Notwithstanding any other provision of law, no amounts
appropriated or otherwise made available for the United
States International Development Finance Corporation or the
Export-Import Bank of the United States that are available
for obligation on or after the date of the enactment of this
Act may be obligated or expended to support any project,
transaction, or other activity that supports the production
or use of fossil fuels.
SEC. 14013. TRANSPORTATION FUNDS FOR GRANTS, LOANS, LOAN
GUARANTEES, AND OTHER DIRECT ASSISTANCE.
Notwithstanding any other provision of law, any amounts
made available to the Department of Transportation (including
the Federal Railroad Administration) may not be used to award
any grant, loan, loan guarantee, or provide any other direct
assistance to any rail facility or port project that
transports fossil fuel.
SEC. 14014. ELIMINATION OF EXCLUSION OF CERTAIN LENDERS AS
OWNERS OR OPERATORS UNDER CERCLA.
Section 101(20)(F) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(20)(F)) is amended by adding at the end the following:
``(iii) Ineligible lenders.--The exclusions under clauses
(i) and (ii) shall not apply to a person that is a lender
that is--
``(I) an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1 et seq.), investment
adviser (as defined in section 202(a) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-2(a))), or broker or
dealer (as those terms are defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a))) with
$250,000,000,000 or more in assets under management; or
``(II) a bank holding company (as defined in section 2 of
the Bank Holding Company Act of 1956 (12 U.S.C. 1841)) with
$10,000,000,000 or more in total consolidated assets.''.
SEC. 14015. TERMINATION OF VARIOUS TAX EXPENDITURES RELATING
TO FOSSIL FUELS.
(a) In General.--Subchapter C of chapter 80 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 7875. TERMINATION OF CERTAIN PROVISIONS RELATING TO
FOSSIL-FUEL INCENTIVES.
``(a) In General.--The following provisions shall not apply
to taxable years beginning after the date of the enactment of
the End Polluter Welfare Act of 2022:
``(1) Section 43 (relating to enhanced oil recovery
credit).
``(2) Section 45I (relating to credit for producing oil and
natural gas from marginal wells).
``(3) Section 461(i)(2) (relating to special rule for
spudding of oil or natural gas wells).
``(4) Section 469(c)(3)(A) (relating to working interests
in oil and natural gas property).
``(5) Section 613A (relating to limitations on percentage
depletion in case of oil and natural gas wells).
``(b) Provisions Relating to Property.--The following
provisions shall not apply to property placed in service
after the date of the enactment of the End Polluter Welfare
Act of 2022:
``(1) Section 168(e)(3)(C)(iii) (relating to classification
of certain property).
``(2) Section 169 (relating to amortization of pollution
control facilities) with respect to any atmospheric pollution
control facility.
``(c) Provisions Relating to Costs and Expenses.--The
following provisions shall not apply to costs or expenses
paid or incurred after the date of the enactment of the End
Polluter Welfare Act of 2022:
``(1) Section 179B (relating to deduction for capital costs
incurred in complying with Environmental Protection Agency
sulfur regulations).
``(2) Section 468 (relating to special rules for mining and
solid waste reclamation and closing costs).
``(d) Allocated Credits.--No new credits shall be certified
under section 48A (relating to qualifying advanced coal
project credit) or section 48B (relating to qualifying
gasification project credit) after the date of the enactment
of the End Polluter Welfare Act of 2022.
``(e) Arbitrage Bonds.--Section 148(b)(4) (relating to safe
harbor for prepaid natural gas) shall not apply to
obligations issued after the date of the enactment of the End
Polluter Welfare Act of 2022.''.
(b) Conforming Amendments.--
(1) Section 613(d) of the Internal Revenue Code of 1986 is
amended by striking ``Except as provided in section 613A, in
the case'' and inserting ``In the case''.
(2) The table of sections for subchapter C of chapter 90 of
such Code is amended by adding at the end the following new
item:
``Sec. 7875. Termination of certain provisions relating to fossil-fuel
incentives.''.
SEC. 14016. TERMINATION OF CERTAIN DEDUCTIONS AND CREDITS
RELATED TO FOSSIL FUELS.
(a) Special Allowance for Certain Property.--Section 168(k)
of the Internal Revenue Code of 1986 is amended by adding at
the end the following:
``(11) Fossil fuel property.--
``(A) In general.--This subsection shall not apply with
respect to any property which is primarily used for fossil
fuel activities and is placed in service during any taxable
year beginning after the date of the enactment of the End
Polluter Welfare Act of 2022.
``(B) Fossil fuel activities.--For purposes of this
paragraph, the term `fossil fuel activities' means the
exploration, development, mining or production, processing,
refining, transportation (including pipelines transporting
gas, oil, or products thereof), distribution, or marketing of
coal, petroleum, natural gas, or any derivative of coal,
petroleum, or natural gas that is used for fuel.
``(C) Exception.--The property described in subparagraph
(A) shall not include any motor vehicle service station or
convenience store which does not qualify as a retail motor
fuels outlet under subsection (e)(3)(E)(iii).''.
(b) Qualified Business Income.--Section 199A(c)(3)(B) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following:
``(viii) Any item of gain or loss derived from fossil fuel
activities (as defined in section 168(k)(11)(B)) during any
taxable year beginning after the date of the enactment of the
End Polluter Welfare Act of 2022.''.
(c) Credit for Increasing Research Activities.--Section
41(d)(4) of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(I) Fossil fuel activities.--Any research related to
fossil fuel activities (as defined in section 168(k)(11)(B))
which is conducted after the date of the enactment of the End
Polluter Welfare Act of 2022.''.
(d) Foreign-Derived Intangible Income.--Subclause (V) of
section 250(b)(3)(A)(i) of the Internal Revenue Code of 1986
is amended to read as follows:
``(V) any income derived from fossil fuel activities (as
defined in section 168(k)(11)(B)) during any taxable year
beginning after the date of the enactment of the End Polluter
Welfare Act of 2022, and''.
(e) Exchange of Real Property Held for Productive Use or
Investment.--Section 1031(a)(2) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(2) Exceptions.--This subsection shall not apply to--
``(A) any exchange of real property held primarily for
sale, or
``(B) any exchange of real property which--
``(i) is used for fossil fuel activities (as defined in
section 168(k)(11)(B)), and
``(ii) occurs after the date of the enactment of the End
Polluter Welfare Act of 2022.''.
SEC. 14017. UNIFORM SEVEN-YEAR AMORTIZATION FOR GEOLOGICAL
AND GEOPHYSICAL EXPENDITURES.
(a) In General.--Section 167(h) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``24-month period'' each place it appears
in paragraphs (1) and (4) and inserting ``84-month period'';
(2) by striking paragraph (2) and inserting the following:
``(2) Mid-month convention.--For purposes of paragraph (1),
any payment paid or incurred during any month shall be
treated as paid or incurred on the mid-point of such
month.''; and
(3) by striking paragraph (5).
(b) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after the date of the
enactment of this Act.
SEC. 14018. NATURAL GAS GATHERING LINES TREATED AS 15-YEAR
PROPERTY.
(a) In General.--Section 168(e)(3)(E) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the
end of clause (vi), by striking the period at the end of
clause (vii) and inserting ``, and'', and by adding at the
end the following new clause:
``(viii) any natural gas gathering line the original use of
which commences with the taxpayer after the date of the
enactment of this clause.''.
(b) Alternative System.--The table contained in section
168(g)(3)(B) of the Internal Revenue Code of 1986 is amended
by inserting after the item relating to subparagraph (E)(vii)
the following new item:
``(E)(viii) ..................................................22''.....
(c) Conforming Amendment.--Clause (iv) of section
168(e)(3)(C) of the Internal Revenue Code of 1986 is amended
by inserting ``and on or before the date of the enactment of
the End Polluter Welfare Act of 2022'' after ``April 11,
2005''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service on and after the date of
the enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer
or a related party has entered into a binding contract for
the construction thereof on or before the date of the
introduction of this Act,
[[Page S4303]]
or, in the case of self-constructed property, has started
construction on or before such date.
SEC. 14019. TERMINATION OF LAST-IN, FIRST-OUT METHOD OF
INVENTORY FOR OIL, NATURAL GAS, AND COAL
COMPANIES.
(a) In General.--Section 472 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(h) Termination for Oil, Natural Gas, and Coal
Companies.--Subsection (a) shall not apply to any taxpayer
that is in the trade or business of the production, refining,
processing, transportation, or distribution of oil, natural
gas, or coal for any taxable year beginning after the date of
enactment of the End Polluter Welfare Act of 2022.''.
(b) Additional Termination.--Section 473 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(h) Termination for Oil, Natural Gas, and Coal
Companies.--This section shall not apply to any taxpayer that
is in the trade or business of the production, refining,
processing, transportation, or distribution of oil, natural
gas, or coal for any taxable year beginning after the date of
enactment of the End Polluter Welfare Act of 2022.''.
(c) Change in Method of Accounting.--In the case of any
taxpayer required by the amendments made by this section to
change its method of accounting for its first taxable year
beginning after the date of enactment of this Act--
(1) such change shall be treated as initiated by the
taxpayer; and
(2) such change shall be treated as made with the consent
of the Secretary of the Treasury.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of
enactment of this Act.
SEC. 14020. REPEAL OF PERCENTAGE DEPLETION FOR COAL AND HARD
MINERAL FOSSIL FUELS.
(a) In General.--Section 613 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Termination With Respect to Coal and Hard Mineral
Fossil Fuels.--In the case of coal, lignite, and oil shale
(other than oil shale described in subsection (b)(5)), the
allowance for depletion shall be computed without reference
to this section for any taxable year beginning after the date
of the enactment of the End Polluter Welfare Act of 2022.''.
(b) Conforming Amendments.--
(1) Coal and lignite.--Section 613(b)(4) of the Internal
Revenue Code of 1986 is amended by striking ``coal,
lignite,''.
(2) Oil shale.--Section 613(b)(2) of such Code is amended
to read as follows:
``(2) 15 percent.--If, from deposits in the United States,
gold, silver, copper, and iron ore.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 14021. TERMINATION OF CAPITAL GAINS TREATMENT FOR
ROYALTIES FROM COAL.
(a) In General.--Subsection (c) of section 631 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``coal (including lignite), or iron ore''
and inserting ``iron ore'';
(2) by striking ``coal or iron ore'' each place it appears
and inserting ``iron ore'';
(3) by striking ``iron ore or coal'' each place it appears
and inserting ``iron ore''; and
(4) by striking ``Coal or'' in the heading.
(b) Conforming Amendments.--
(1) The heading of section 631 of the Internal Revenue Code
of 1986 is amended by striking ``, coal,''.
(2) Section 1231(b)(2) of such Code is amended by striking
``, coal,''.
(c) Effective Date.--The amendments made by this section
shall apply to dispositions after the date of the enactment
of this Act.
SEC. 14022. MODIFICATIONS OF FOREIGN TAX CREDIT RULES
APPLICABLE TO OIL AND GAS INDUSTRY TAXPAYERS
RECEIVING SPECIFIC ECONOMIC BENEFITS.
(a) In General.--Section 901 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (n) as
subsection (o) and by inserting after subsection (m) the
following new subsection:
``(n) Special Rules Relating to Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued to a foreign country
or possession of the United States for any period by a dual
capacity taxpayer which is in the trade or business of the
production, refining, processing, transportation, or
distribution of fossil fuel shall not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable income tax,
or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity taxpayer pursuant to
the generally applicable income tax imposed by the country or
possession, or
``(ii) would be paid if no amount other than the amount
required to be paid by such taxpayer under the generally
applicable income tax imposed by the country or possession
were paid or accrued by such dual capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the
amount determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or possession,
and
``(B) receives (or will receive) directly or indirectly a
specific economic benefit (as determined in accordance with
regulations) from such country or possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable income
tax' means an income tax (or a series of income taxes) which
is generally imposed under the laws of a foreign country or
possession on income derived from the conduct of a trade or
business within such country or possession.
``(B) Exceptions.--Such term shall not include a tax unless
it has substantial application, by its terms and in practice,
to--
``(i) persons who are not dual capacity taxpayers, and
``(ii) persons who are--
``(I) citizens or residents of the foreign country or
possession, or
``(II) organized or incorporated under the laws of the
foreign country or possession.
``(4) Fossil fuel.--For purposes of this subsection, the
term `fossil fuel' means coal, petroleum, natural gas, or any
derivative of coal, petroleum, or natural gas that is used
for fuel.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxes paid or accrued in taxable years
beginning after the date of the enactment of this Act.
(c) Special Rule for Treaties.--Notwithstanding sections
894 or 7852(d) of the Internal Revenue Code of 1986, the
amendments made by this section shall apply without regard to
any treaty obligation of the United States.
SEC. 14023. INCREASE IN OIL SPILL LIABILITY TRUST FUND
FINANCING RATE.
(a) In General.--Section 4611 of the Internal Revenue Code
of 1986 is amended--
(1) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting ``, and''; and
(C) by adding at the end the following:
``(iii) in the case of crude oil received or petroleum
products entered after December 31, 2021, 10 cents a
barrel.''; and
(2) by striking subsection (f) and inserting the following:
``(f) Application of Oil Spill Liability Trust Fund
Financing Rate.--The Oil Spill Liability Trust Fund financing
rate under subsection (c) shall apply on and after April 1,
2006, or if later, the date which is 30 days after the last
day of any calendar quarter for which the Secretary estimates
that, as of the close of that quarter, the unobligated
balance in the Oil Spill Liability Trust Fund is less than
$2,000,000,000.''.
(b) Effective Date.--The amendments made by this section
shall apply to crude oil received and petroleum products
entered after December 31, 2021.
SEC. 14024. APPLICATION OF CERTAIN ENVIRONMENTAL TAXES TO
SYNTHETIC CRUDE OIL.
(a) In General.--Paragraph (1) of section 4612(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) Crude oil.--
``(A) In general.--The term `crude oil' includes crude oil
condensates, natural gasoline, and synthetic crude oil.
``(B) Synthetic crude oil.--For purposes of subparagraph
(A), the term `synthetic crude oil' means--
``(i) any bitumen and bituminous mixtures,
``(ii) any oil derived from bitumen and bituminous mixtures
(including oil derived from tar sands),
``(iii) any liquid fuel derived from coal, and
``(iv) any oil derived from kerogen-bearing sources
(including oil derived from oil shale).''.
(b) Regulatory Authority To Address Other Types of Crude
Oil and Petroleum Products.--Subsection (a) of section 4612
of the Internal Revenue Code of 1986 is amended by adding at
the end the following:
``(10) Regulatory authority to address other types of crude
oil and petroleum products.--Under such regulations as the
Secretary may prescribe, the Secretary may include as crude
oil or as a petroleum product subject to tax under section
4611, any fuel feedstock or finished fuel product customarily
transported by pipeline, vessel, railcar, or tanker truck if
the Secretary determines that--
``(A) the classification of such fuel feedstock or finished
fuel product is consistent with the definition of oil under
the Oil Pollution Act of 1990, and
``(B) such fuel feedstock or finished fuel product is
produced in sufficient commercial quantities as to pose a
significant risk of hazard in the event of a discharge.''.
(c) Technical Amendment.--Paragraph (2) of section 4612(a)
of the Internal Revenue Code of 1986 is amended by striking
``from a well located''.
(d) Effective Date.--The amendments made by this section
shall apply to oil and petroleum products received or entered
during calendar quarters beginning more than 60 days after
the date of the enactment of this Act.
[[Page S4304]]
SEC. 14025. DENIAL OF DEDUCTION FOR REMOVAL COSTS AND DAMAGES
FOR CERTAIN OIL SPILLS.
(a) In General.--Section 162(f) of the Internal Revenue
Code of 1986 is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) Expenses for removal costs and damages relating to
certain oil spill liability.--Notwithstanding paragraphs (2)
and (3), no deduction shall be allowed under this chapter for
any costs or damages for which the taxpayer is liable under
section 1002 of the Oil Pollution Act of 1990 (33 U.S.C.
2702)''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to any liability arising in taxable
years ending after the date of the enactment of this Act.
SEC. 14026. TAX ON CRUDE OIL AND NATURAL GAS PRODUCED FROM
THE OUTER CONTINENTAL SHELF IN THE GULF OF
MEXICO.
(a) In General.--Subtitle E of the Internal Revenue Code of
1986 is amended by adding at the end the following new
chapter:
``CHAPTER 56--TAX ON SEVERANCE OF CRUDE OIL AND NATURAL GAS FROM THE
OUTER CONTINENTAL SHELF IN THE GULF OF MEXICO
``Sec. 5901. Imposition of tax.
``Sec. 5902. Taxable crude oil or natural gas and removal price.
``Sec. 5903. Special rules and definitions.
``SEC. 5901. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed
under this title, there is hereby imposed a tax equal to 13
percent of the removal price of any taxable crude oil or
natural gas removed from the premises during any taxable
period.
``(b) Credit for Federal Royalties Paid.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by subsection (a) with respect to the
production of any taxable crude oil or natural gas an amount
equal to the aggregate amount of royalties paid under Federal
law with respect to such production.
``(2) Limitation.--The aggregate amount of credits allowed
under paragraph (1) to any taxpayer for any taxable period
shall not exceed the amount of tax imposed by subsection (a)
for such taxable period.
``(c) Tax Paid by Producer.--The tax imposed by this
section shall be paid by the producer of the taxable crude
oil or natural gas.
``SEC. 5902. TAXABLE CRUDE OIL OR NATURAL GAS AND REMOVAL
PRICE.
``(a) Taxable Crude Oil or Natural Gas.--For purposes of
this chapter, the term `taxable crude oil or natural gas'
means crude oil or natural gas which is produced from Federal
submerged lands on the outer Continental Shelf in the Gulf of
Mexico pursuant to a lease entered into with the United
States which authorizes the production.
``(b) Removal Price.--For purposes of this chapter--
``(1) In general.--Except as otherwise provided in this
subsection, the term `removal price' means--
``(A) in the case of taxable crude oil, the amount for
which a barrel of such crude oil is sold, and
``(B) in the case of taxable natural gas, the amount per
1,000 cubic feet for which such natural gas is sold.
``(2) Sales between related persons.--In the case of a sale
between related persons, the removal price shall not be less
than the constructive sales price for purposes of determining
gross income from the property under section 613.
``(3) Oil or natural gas removed from property before
sale.--If crude oil or natural gas is removed from the
property before it is sold, the removal price shall be the
constructive sales price for purposes of determining gross
income from the property under section 613.
``(4) Refining begun on property.--If the manufacture or
conversion of crude oil into refined products begins before
such oil is removed from the property--
``(A) such oil shall be treated as removed on the day such
manufacture or conversion begins, and
``(B) the removal price shall be the constructive sales
price for purposes of determining gross income from the
property under section 613.
``(5) Property.--The term `property' has the meaning given
such term by section 614.
``SEC. 5903. SPECIAL RULES AND DEFINITIONS.
``(a) Administrative Requirements.--
``(1) Withholding and deposit of tax.--The Secretary shall
provide for the withholding and deposit of the tax imposed
under section 5901 on a quarterly basis.
``(2) Records and information.--Each taxpayer liable for
tax under section 5901 shall keep such records, make such
returns, and furnish such information (to the Secretary and
to other persons having an interest in the taxable crude oil
or natural gas) with respect to such oil as the Secretary may
by regulations prescribe.
``(3) Taxable periods; return of tax.--
``(A) Taxable period.--Except as provided by the Secretary,
each calendar year shall constitute a taxable period.
``(B) Returns.--The Secretary shall provide for the filing,
and the time for filing, of the return of the tax imposed
under section 5901.
``(b) Definitions.--For purposes of this chapter--
``(1) Producer.--The term `producer' means the holder of
the economic interest with respect to the crude oil or
natural gas.
``(2) Crude oil.--The term `crude oil' includes crude oil
condensates and natural gasoline.
``(3) Premises and crude oil product.--The terms `premises'
and `crude oil product' have the same meanings as when used
for purposes of determining gross income from the property
under section 613.
``(c) Adjustment of Removal Price.--In determining the
removal price of oil or natural gas from a property in the
case of any transaction, the Secretary may adjust the removal
price to reflect clearly the fair market value of oil or
natural gas removed.
``(d) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this chapter.''.
(b) Deductibility of Tax.--The first sentence of section
164(a) of the Internal Revenue Code of 1986 is amended by
inserting after paragraph (4) the following new paragraph:
``(5) The tax imposed by section 5901(a) (after application
of section 5901(b)) on the severance of crude oil or natural
gas from the outer Continental Shelf in the Gulf of
Mexico.''.
(c) Clerical Amendment.--The table of chapters for subtitle
E is amended by adding at the end the following new item:
``Chapter 56. Tax on severance of crude oil and natural gas from the
outer Continental Shelf in the Gulf of Mexico.''.
(d) Effective Date.--The amendments made by this section
shall apply to crude oil or natural gas removed after
December 31, 2021.
SEC. 14027. REPEAL OF CORPORATE INCOME TAX EXEMPTION FOR
PUBLICLY TRADED PARTNERSHIPS WITH QUALIFYING
INCOME AND GAINS FROM ACTIVITIES RELATING TO
FOSSIL FUELS.
(a) In General.--Section 7704(d)(1) of the Internal Revenue
Code of 1986 is amended by inserting ``or any coal,
petroleum, natural gas, or any derivative of coal, petroleum,
or natural gas that is used for fuel'' after ``section
613(b)(7)''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 14028. AMORTIZATION OF QUALIFIED TERTIARY INJECTANT
EXPENSES.
(a) In General.--Section 193 of the Internal Revenue Code
of 1986 is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Amortization of Qualified Tertiary Injectant
Expenses.--
``(1) In general.--Any qualified tertiary injectant
expenses paid or incurred by the taxpayer shall be allowed as
a deduction ratably over the 84-month period beginning on the
date that such expense was paid or incurred.
``(2) Mid-month convention.--For purposes of paragraph (1),
any expenses paid or incurred during any month shall be
treated as paid or incurred on the mid-point of such
month.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Exclusive Method.--Except as provided in this
section, no depreciation or amortization deduction shall be
allowed with respect to qualified tertiary injectant
expenses.''.
(b) Effective Date.--The amendments made by this section
shall apply to expenses paid or incurred in taxable years
beginning after the date of the enactment of this Act.
SEC. 14029. AMORTIZATION OF DEVELOPMENT EXPENDITURES.
(a) In General.--Section 616 of the Internal Revenue Code
of 1986 is amended to read as follows:
``SEC. 616. AMORTIZATION OF DEVELOPMENT EXPENDITURES.
``(a) In General.--Any expenditures paid or incurred for
the development of a mine or other natural deposit (other
than an oil or gas well) if paid or incurred after the
existence of ores or minerals in commercially marketable
quantities has been disclosed shall be allowed as a deduction
ratably over the 84-month period beginning on the date that
such expenditure was paid or incurred.
``(b) Mid-Month Convention.--For purposes of subsection
(a), any expenditures paid or incurred during any month shall
be treated as paid or incurred on the mid-point of such
month.
``(c) Exclusive Method.--Except as provided in this
section, no depreciation or amortization deduction shall be
allowed with respect to expenditures described in subsection
(a).
``(d) Treatment Upon Abandonment.--If any property with
respect to which expenditures described in subsection (a) are
paid or incurred is retired or abandoned during the 84-month
period described in such subsection, no deduction shall be
allowed on account of such retirement or abandonment and the
amortization deduction under this section shall continue with
respect to such payment.''.
(b) Conforming Amendments.--
(1) The item relating to section 616 in the table of
sections for part I of subchapter I of chapter 1 of the
Internal Revenue Code of 1986 is amended to read as follows:
``Sec. 616. Amortization of development expenditures.''.
[[Page S4305]]
(2) Section 56(a)(2)(A) of such Code is amended by striking
``616(a) or''.
(3) Section 59(e) of such Code is amended--
(A) in paragraph (2)--
(i) in subparagraph (C), by inserting ``or'' at the end;
(ii) by striking subparagraph (D); and
(iii) by redesignating subparagraph (E) as subparagraph
(D); and
(B) in paragraph (5)(A), by striking ``, 616(a),''.
(4) Section 263(a)(1) of such Code is amended by striking
subparagraph (A).
(5) Section 263A(c)(3) of such Code is amended by striking
``616,''.
(6) Section 291(b) of such Code is amended--
(A) in paragraph (1)(B), by striking ``616(a) or'';
(B) in paragraph (2), by striking ``, 616(a),''; and
(C) in paragraph (3), by striking ``, 616(a),''.
(7) Section 312(n)(2)(B) of such Code is amended by
striking ``616(a) or''.
(8) Section 381(c) of such Code is amended by striking
paragraph (10).
(9) Section 1016(a) of such Code is amended by striking
paragraph (9).
(10) Section 1254(a)(1)(A)(i) of such Code is amended by
striking ``, 616,''.
(c) Effective Date.--The amendments made by this section
shall apply to expenditures paid or incurred in taxable years
beginning after the date of the enactment of this Act.
SEC. 14030. AMORTIZATION OF CERTAIN MINING EXPLORATION
EXPENDITURES.
(a) In General.--Section 617 of the Internal Revenue Code
of 1986 is amended to read as follows:
``SEC. 617. AMORTIZATION OF CERTAIN MINING EXPLORATION
EXPENDITURES.
``(a) In General.--Any expenditures paid or incurred for
the purpose of ascertaining the existence, location, extent,
or quality of any deposit of ore or other mineral, and paid
or incurred before the beginning of the development stage of
the mine, shall be allowed as a deduction ratably over the
84-month period beginning on the date that such expense was
paid or incurred.
``(b) Mid-Month Convention.--For purposes of subsection
(a), any expenditures paid or incurred during any month shall
be treated as paid or incurred on the mid-point of such
month.
``(c) Exclusive Method.--Except as provided in this
section, no depreciation or amortization deduction shall be
allowed with respect to expenditures described in subsection
(a).
``(d) Treatment Upon Abandonment.--If any property with
respect to which expenditures described in subsection (a) are
paid or incurred is retired or abandoned during the 84-month
period described in such subsection, no deduction shall be
allowed on account of such retirement or abandonment and the
amortization deduction under this section shall continue with
respect to such payment.''.
(b) Conforming Amendments.--
(1) The item relating to section 617 in the table of
sections for part I of subchapter I of chapter 1 of the
Internal Revenue Code of 1986 is amended to read as follows:
``Sec. 617. Amortization of certain mining exploration expenditures.''.
(2) Section 56(a) of such Code, as amended by section
14029(b)(2), is amended by striking paragraph (2).
(3) Section 59(e) of such Code, as amended by section
14029(b)(3), is amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by inserting ``or'' at the end;
(ii) in subparagraph (C), by striking the comma at the end
and inserting a period; and
(iii) by striking subparagraph (D); and
(B) by striking paragraph (5) and inserting the following:
``(5) Dispositions.--In the case of any disposition of
property to which section 1254 applies (determined without
regard to this section), any deduction under paragraph (1)
with respect to amounts which are allocable to such property
shall, for purposes of section 1254, be treated as a
deduction allowable under section 263(c).''.
(4) Section 170(e) of such Code is amended--
(A) in paragraph (1), by striking ``617(d)(1),''; and
(B) in paragraph (3)(D), by striking ``617,''.
(5) Section 263A(c)(3) of such Code, as amended by section
14029(b)(5), is amended by striking ``291(b)(2), or 617'' and
inserting ``or 291(b)(2)''.
(6) Section 291(b) of such Code, as amended by section
14029(b)(6), is amended--
(A) in the heading, by striking ``and Mineral Exploration
and Development Costs'';
(B) by striking paragraph (1) and inserting the following:
``(1) In general.--In the case of an integrated oil
company, the amount allowable as a deduction for any taxable
year (determined without regard to this section) under
section 263(c) shall be reduced by 30 percent.'';
(C) in paragraph (2), by striking ``or 617(a) (as the case
may be)''; and
(D) in paragraph (3), by striking ``or 617(a) (whichever is
appropriate)''.
(7) Section 312(n), as amended by section 14029(b)(7), is
amended by striking paragraph (2) and inserting the
following:
``(2) Intangible drilling costs.--Any amount allowable as a
deduction under section 263(c) in determining taxable income
(other than costs incurred in connection with a nonproductive
well)--
``(A) shall be capitalized, and
``(B) shall be allowed as a deduction ratably over the 60-
month period beginning with the month in which such amount
was paid or incurred.''.
(8) Section 703(b) of such Code is amended--
(A) in paragraph (1), by adding ``or'' at the end;
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
(9) Section 751(c) of such Code is amended--
(A) by inserting ``, as in effect on the day before the
date of the enactment of the End Polluter Welfare Act of
2022'' after ``section 617(f)(2)''; and
(B) by striking ``617(d)(1),''.
(10) Section 1254(a)(1)(A)(i) of such Code, as amended by
section 14029(b)(10), is amended by striking ``or 617''.
(11) Paragraph (2) of section 1363(c) of such Code is
amended to read as follows:
``(2) Exception.--In the case of an S corporation,
elections under section 901 (relating to taxes of foreign
countries and possessions of the United States) shall be made
by each shareholder separately.''.
(c) Effective Date.--The amendments made by this section
shall apply to expenditures paid or incurred in taxable years
beginning after the date of the enactment of this Act.
SEC. 14031. AMORTIZATION OF INTANGIBLE DRILLING AND
DEVELOPMENT COSTS IN THE CASE OF OIL AND GAS
WELLS AND GEOTHERMAL WELLS.
(a) In General.--Subsection (c) of section 263 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(c) Intangible Drilling and Development Costs in the Case
of Oil and Gas Wells and Geothermal Wells.--Notwithstanding
subsection (a), and except as provided in subsection (i), in
the case of any expenses paid or incurred in connection with
intangible drilling and development costs related to oil and
gas wells and wells drilled for any geothermal deposit (as
defined in section 613(e)(2))--
``(1) such expenses shall be allowed as a deduction ratably
over the 84-month period beginning on the date that such
expense was paid or incurred,
``(2) any such expenses paid or incurred during any month
shall be treated as paid or incurred on the mid-point of such
month,
``(3) except as provided in this subsection, no
depreciation or amortization deduction shall be allowed with
respect to such expenses, and
``(4) if any property with respect to which such intangible
drilling and development costs are paid or incurred is
retired or abandoned during such 84-month period, no
deduction shall be allowed on account of such retirement or
abandonment and the amortization deduction under this
subsection shall continue with respect to such payment.''.
(b) Conforming Amendments.--
(1) Section 57(a)(2)(B)(i) of the Internal Revenue Code of
1986 is amended by striking ``263(c) or''.
(2) Section 59(e) of such Code, as amended by sections
14029 and 14030, is amended--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``or'' at the end;
(ii) in subparagraph (B), by striking the comma at the end
and inserting a period; and
(iii) by striking subparagraph (C); and
(B) by striking paragraph (5).
(3) Section 263A(c)(3) of such Code, as amended by sections
14029 and 14030, is amended by striking ``263(c),''.
(4) Section 291 of such Code, as amended by sections 14029
and 14030, is amended by striking subsection (b).
(5) Section 312(n) of such Code, as amended by sections
14029 and 14030, is amended by striking paragraph (2).
(c) Effective Date.--The amendments made by this section
shall apply to expenditures paid or incurred in taxable years
beginning after the date of the enactment of this Act.
SEC. 14032. PERMANENT EXCISE TAX RATE FOR FUNDING OF BLACK
LUNG DISABILITY TRUST FUND.
(a) In General.--Section 4121 of the Internal Revenue Code
of 1986 is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``$1.10'' and inserting
``$1.38''; and
(B) in paragraph (2), by striking ``$.55'' and inserting
``$0.69''; and
(2) by striking subsection (e).
(b) Effective Date.--The amendments made by this section
shall apply on and after the first day of the first calendar
month beginning after the date of the enactment of this Act.
SEC. 14033. TERMINATION OF RENEWABLE ELECTRICITY PRODUCTION
CREDIT ELIGIBILITY FOR REFINED COAL.
Section 45(e)(8)(A)(ii)(II) of the Internal Revenue Code of
1986 is amended by inserting ``and before the date of
enactment of the End Polluter Welfare Act of 2022'' after
``such taxable year''.
SEC. 14034. TREATMENT OF FOREIGN OIL RELATED INCOME AS
SUBPART F INCOME.
(a) In General.--Section 954(a) of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of
paragraph (2), by striking the period at the end of paragraph
(3) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(4) the foreign base company oil related income for the
taxable year (determined under subsection (g) and reduced as
provided in subsection (b)(5)).''.
(b) Foreign Base Company Oil Related Income.--Section 954
of the Internal Revenue
[[Page S4306]]
Code of 1986 is amended by inserting after subsection (e) the
following new subsection:
``(g) Foreign Base Company Oil Related Income.--For
purposes of this section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `foreign base company oil related
income' means foreign oil related income (within the meaning
of paragraphs (2) and (3) of section 907(c)) other than
income derived from a source within a foreign country in
connection with--
``(A) oil or gas which was extracted from an oil or gas
well located in such foreign country, or
``(B) oil, gas, or a primary product of oil or gas which is
sold by the foreign corporation or a related person for use
or consumption within such country or is loaded in such
country on a vessel or aircraft as fuel for such vessel or
aircraft.
Such term shall not include any foreign personal holding
company income (as defined in subsection (c)).
``(2) Paragraph (1) applies only where corporation has
produced 1,000 barrels per day or more.--
``(A) In general.--The term `foreign base company oil
related income' shall not include any income of a foreign
corporation if such corporation is not a large oil producer
for the taxable year.
``(B) Large oil producer.--For purposes of subparagraph
(A), the term `large oil producer' means any corporation if,
for the taxable year or for the preceding taxable year, the
average daily production of foreign crude oil and natural gas
of the related group which includes such corporation equaled
or exceeded 1,000 barrels.
``(C) Related group.--The term `related group' means a
group consisting of the foreign corporation and any other
person who is a related person with respect to such
corporation.
``(D) Average daily production of foreign crude oil and
natural gas.--For purposes of this paragraph, the average
daily production of foreign crude oil or natural gas of any
related group for any taxable year (and the conversion of
cubic feet of natural gas into barrels) shall be determined
under rules similar to the rules of section 613A (as in
effect on the day before the date of enactment of the End
Polluter Welfare Act of 2022) except that only crude oil or
natural gas from a well located outside the United States
shall be taken into account.''.
(c) Conforming Amendments.--
(1) Section 952(c)(1)(B)(iii) of the Internal Revenue Code
of 1986 is amended by redesignating subclauses (I) through
(IV) as subclause (II) through (V), respectively, and by
inserting before subclause (II) (as so redesignated) the
following:
``(I) foreign base company oil related income,''.
(2) Section 954(b) of such Code is amended--
(A) by inserting at the end of paragraph (4) the following:
``The preceding sentence shall not apply to foreign base
company oil-related income described in subsection (a)(4).'';
(B) by striking ``and the foreign base company services
income'' in paragraph (5) and inserting ``the foreign base
company services income, and the foreign base company oil
related income''; and
(C) by adding at the end the following new paragraph:
``(6) Foreign base company oil related income not treated
as another kind of base company income.--Income of a
corporation which is foreign base company oil related income
shall not be considered foreign base company income of such
corporation under paragraph (2) or (3) of subsection (a).''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years of foreign corporations
beginning after the date of the enactment of this Act and to
taxable years of United States shareholders ending with or
within which such taxable years of foreign corporations end.
SEC. 14035. REPEAL OF EXCLUSION OF FOREIGN OIL AND GAS
EXTRACTION INCOME FROM THE DETERMINATION OF
TESTED INCOME.
(a) In General.--Section 951A(c)(2)(A)(i) of the Internal
Revenue Code of 1986 is amended--
(1) by adding ``and'' at the end of subclause (III);
(2) by striking ``and'' at the end of subclause (IV) and
inserting ``over''; and
(3) by striking subclause (V).
(b) Effective Date.--The amendments made by this section
shall apply to taxable years of foreign corporations
beginning after the date of enactment of this Act, and to
taxable years of United States shareholders in which or with
which such taxable years of foreign corporations end.
SEC. 14036. POWDER RIVER BASIN.
(a) Designation of the Powder River Basin as a Coal
Producing Region.--As soon as practicable after the date of
enactment of this Act, the Director of the Bureau of Land
Management shall designate the Powder River Basin as a coal
producing region.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Director of the Bureau of Land
Management shall submit to Congress a report that includes--
(1) a study of the fair market value and the amount and
effective rate of royalties paid on coal leases in the Powder
River Basin compared to other national and international coal
basins and markets; and
(2) any policy recommendations to capture the future market
value of the coal leases in the Powder River Basin.
SEC. 14037. STUDY AND ELIMINATION OF ADDITIONAL FOSSIL FUEL
SUBSIDIES.
(a) Definition of Fossil-Fuel Production Subsidy.--In this
section, the term ``subsidy for fossil-fuel production''
means any direct funding, tax treatment or incentive, risk-
reduction benefit, financing assistance or guarantee, royalty
relief, or other provision that provides a financial benefit
to a fossil-fuel company for the production of fossil fuels.
(b) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the Treasury
or the Secretary's delegate (referred to in this section as
the ``Secretary''), in coordination with the Secretary of
Energy, shall submit to Congress a report detailing each
Federal law (including regulations), other than those amended
by this Act, as in effect on the date on which the report is
submitted, that includes a subsidy for fossil-fuel
production.
(c) Report on Modified Recovery Period.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with
the Commissioner of Internal Revenue, shall submit to
Congress a report on the applicable recovery period under the
accelerated cost recovery system provided in section 168 of
the Internal Revenue Code of 1986 for each type of property
involved in fossil-fuel production, including pipelines,
power generation property, refineries, and drilling
equipment, to determine if any assets are receiving a subsidy
for fossil-fuel production.
(2) Elimination of subsidy.--In the case of any type of
property that the Secretary determines is receiving a subsidy
for fossil-fuel production under such section 168, for
property placed in service in taxable years beginning after
the date of such determination, such section 168 shall not
apply. The preceding sentence shall not apply to any property
with respect to a taxable year unless such determination is
published before the first day of such taxable year.
______
SA 5300. Mr. MERKLEY (for himself and Mr. Sanders) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. __. UNIVERSAL PRESCHOOL.
(a) Definitions.--In this section:
(1) Child experiencing homelessness.--The term ``child
experiencing homelessness'' means an individual who is a
homeless child or youth under section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a).
(2) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(3) Comprehensive services.--The term ``comprehensive
services'' means services that are provided to children and
their families, and that are health, educational,
nutritional, social, and other services that are determined,
based on family needs assessments, to be necessary, within
the meaning of section 636 of the Head Start Act (42 U.S.C.
9831).
(4) Dual language learner.--The term ``dual language
learner'' means a child who is learning 2 or more languages
at the same time, or a child who is learning a second
language while continuing to develop the child's first
language.
(5) Eligible child.--The term ``eligible child'' means a
child who is age 3 or 4, on the date established by the
applicable local educational agency for kindergarten entry.
(6) Eligible provider.--The term ``eligible provider''
means--
(A) a local educational agency, acting alone or in a
consortium or in collaboration with an educational service
agency (as defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)), that is
licensed by the State or meets comparable health and safety
standards;
(B) a Head Start agency or delegate agency funded under the
Head Start Act;
(C) a licensed center-based child care provider, licensed
family child care provider, or network of licensed family
child care providers; or
(D) a consortium of entities described in any of
subparagraphs (A), (B), and (C).
(7) Head start agency.--The term ``Head Start agency'', as
used in paragraph (6)(B), or subsection (c)(5)(D) or (f)(1),
means an entity designated as a Head Start agency under
section 641(a)(1) of the Head Start Act or as an Early Head
Start agency (by receiving a grant) under section 645A(a) of
such Act.
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(9) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(10) Poverty line.--The term ``poverty line'' means the
poverty line defined and revised as described in section 673
of the Community Services Block Grant Act (42 U.S.C. 9902).
[[Page S4307]]
(11) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(12) State.--The term ``State'' means each of the several
States and the District of Columbia.
(13) Territory.--The term ``territory'' means each of the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term ``tribal organization'' in
section 658P of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858n).
(b) Universal Preschool.--
(1) Appropriations for states.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Department of Health
and Human Services for fiscal year 2023, out of any money in
the Treasury not otherwise appropriated--
(i) $3,200,000,000, to remain available until September 30,
2028, for payments to States, for carrying out subsection (d)
beginning in fiscal year 2023;
(ii) $800,000,000, to remain available until September 30,
2028, for payments to States, for carrying out subsections
(c)(3) and (d) beginning in fiscal year 2023;
(iii) $4,800,000,000, to remain available until September
30, 2028, for payments to States, for carrying out subsection
(d) beginning in fiscal year 2024;
(iv) $1,200,000,000, to remain available until September
30, 2028, for payments to States, for carrying out
subsections (c)(3) and (d) beginning in fiscal year 2024;
(v) $6,400,000,000, to remain available until September 30,
2028, for payments to States, for carrying out subsection (d)
beginning in fiscal year 2025; and
(vi) $1,600,000,000 to remain available until September 30,
2028, for payments to States, for carrying out subsections
(c)(3) and (d) beginning in fiscal year 2025.
(B) Additional appropriations.--In addition to amounts
otherwise available, there is appropriated to the Department
of Health and Human Services, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary for each of fiscal years 2026 through 2028, for
payments to States, for carrying out this section (except
provisions and activities covered by paragraph (2)).
(2) Additional appropriations.--In addition to amounts
otherwise available, there is appropriated to the Department
of Health and Human Services for fiscal year 2023, out of any
money in the Treasury not otherwise appropriated--
(A) $2,500,000,000, to remain available until September 30,
2028, for carrying out payments to Indian Tribes and Tribal
organizations for activities described in this section;
(B) $1,250,000,000, to remain available until September 30,
2028, for carrying out payments to the territories, to be
distributed among the territories on the basis of their
relative need, as determined by the Secretary in accordance
with the objectives of this section, for activities described
in this section;
(C) $300,000,000, to remain available until September 30,
2028, for carrying out payments to eligible local entities
that serve children in families who are engaged in migrant or
seasonal agricultural labor, for activities described in this
section;
(D)(i) $165,000,000, to remain available until September
30, 2028, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, beginning in fiscal year 2023;
(ii) $200,000,000 to remain available until September 30,
2028, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, beginning in fiscal year 2024;
(iii) $200,000,000, to remain available until September 30,
2028, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, beginning in fiscal year 2025;
(iv) $208,000,000, to remain available until September 30,
2028, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, beginning in fiscal year 2026;
(v) $212,000,000, to remain available until September 30,
2028, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, beginning in fiscal year 2027; and
(vi) $216,000,000, to remain available until September 30,
2028, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, beginning in fiscal year 2028;
(E)(i) $2,500,000,000, to remain available until September
30, 2028, to improve compensation of Head Start staff
consistent with subparagraphs (A)(i) and (B)(viii) of section
640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a) of such Act (42 U.S.C.
9848(a)), beginning in fiscal year 2023;
(ii) $2,500,000,000, to remain available until September
30, 2028, to improve compensation of Head Start staff
consistent with subparagraphs (A)(i) and (B)(viii) of section
640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a) of such Act (42 U.S.C.
9848(a)), beginning in fiscal year 2024;
(iii) $2,500,000,000, to remain available until September
30, 2028, to improve compensation of Head Start staff
consistent with subparagraphs (A)(i) and (B)(viii) of section
640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a) of such Act (42 U.S.C.
9848(a)), beginning in fiscal year 2025;
(iv) $2,500,000,000, to remain available until September
30, 2028, to improve compensation of Head Start staff
consistent with subparagraphs (A)(i) and (B)(viii) of section
640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a) of such Act (42 U.S.C.
9848(a)), beginning in fiscal year 2026;
(v) $2,500,000,000, to remain available until September 30,
2028, to improve compensation of Head Start staff consistent
with subparagraphs (A)(i) and (B)(viii) of section 640(a)(5)
of the Head Start Act (42 U.S.C. 9835(a)(5)), notwithstanding
section 653(a) of such Act (42 U.S.C. 9848(a)), beginning in
fiscal year 2027; and
(vi) $2,500,000,000, to remain available until September
30, 2028, to improve compensation of Head Start staff
consistent with subparagraphs (A)(i) and (B)(viii) of section
640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a) of such Act (42 U.S.C.
9848(a)), beginning in fiscal year 2028;
(F) $9,500,000,000, to remain available until September 30,
2028, to carry out the program of grants to localities
described in subsection (f)(2); and
(G) $9,500,000,000, to remain available until September 30,
2028, to carry out the program of awards to Head Start
agencies described in subsection (f)(3).
(c) Payments for State Universal Preschool Services.--
(1) In general.--A State that has submitted, and had
approved by the Secretary in collaboration with the Secretary
of Education, the State plan described in paragraph (5) is
entitled to a payment under this subsection.
(2) Payments to states.--
(A) Payments for fiscal years 2023 through 2025.--From
amounts made available under subsection (b)(1) for carrying
out subsections (c)(3) and (d) for any of fiscal years 2023
through 2025, the Secretary shall allot for the fiscal year,
to each State that has a State plan under paragraph (5) or
transitional State plan under paragraph (7) that is approved
for a period including that fiscal year, an amount for the
purpose of providing grants to eligible providers to provide
high-quality preschool, using a formula that considers--
(i) the proportion of the number of children who are below
the age of 6 and whose families have a family income at or
below 200 percent of the poverty line for the most recent
year for which satisfactory data are available, residing in
the State, as compared to the number of such children, who
reside in all States with approved plans for the fiscal year
for which the allotment is being made; and
(ii) the existing Federal preschool investments in the
State under the Head Start Act, as of the date of the
allotment.
(B) Payments for fiscal years 2026 through 2028.--
(i) Preschool services.--For each of fiscal years 2026
through 2028, the Secretary shall pay to each State with an
approved State plan under paragraph (5), an amount for that
year equal to--
(I) 95.440 percent of the State's expenditures in the year
for preschool services provided under subsection (d), for
fiscal year 2026;
(II) 79.534 percent of the State's expenditures in the year
for such preschool services, for fiscal year 2027; and
(III) 63.627 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2028.
(ii) State activities.--The Secretary shall pay to each
State with an approved State plan under paragraph (5) an
amount for a fiscal year equal to 53.022 percent of the
amount of the State's expenditures for the activities
described in paragraph (3), except that in no case shall a
payment for a fiscal year under this clause exceed the amount
equal to 5 percent of the State's expenditures described in
clause (i) for such fiscal year.
(iii) Non-federal share.--The remainder of the cost paid by
the State for preschool services, that is not provided under
clause (i), shall be considered the non-Federal share of the
cost of those services. The remainder of the cost paid by the
State for State activities, that is not provided under clause
(ii), shall be considered the non-Federal share of the cost
of those activities.
(iv) Advance payment; retrospective adjustment.--The
Secretary shall make a payment under clause (i) or (ii) for a
year on the basis of advance estimates of expenditures
submitted by the State and such other investigation as the
Secretary may find necessary, and shall reduce or increase
the payment as necessary to adjust for any overpayment or
underpayment for a previous year.
(C) Authorities.--
(i) Fiscal years 2023 through 2025.--Notwithstanding any
other provision of this paragraph, for each of fiscal years
2023 through 2025, the Secretary shall have the authority to
reallot funds that were allotted under subparagraph (A) from
any State without an approved State plan under paragraph
[[Page S4308]]
(5) or transitional State plan under paragraph (7) by the
date required by the Secretary, to States with an approved
State plan or transitional State plan under such paragraph
(5) or (7) and to eligible localities and Head Start agencies
in accordance with subsection (f).
(ii) Fiscal year 2026.--Notwithstanding any other provision
of this section, on October 1, 2025, the Secretary shall have
the authority to reallot funds from payments made from
allotments under subparagraph (A) that are unobligated on
such date, to any State without such unobligated funds that
is a State with an approved State plan under paragraph (5) or
transitional State plan under paragraph (7) to carry out the
purposes of this section or to an eligible locality or Head
Start agency in accordance with subsection (f).
(3) State activities.--A State that receives a payment
under paragraph (2) shall carry out all of the following
activities:
(A) State administration of the State preschool program
described in this section.
(B) Supporting a continuous quality improvement system for
providers of preschool services participating, or seeking to
participate, in the State preschool program, through the use
of data, research, monitoring, training, technical
assistance, professional development, and coaching.
(C) Providing outreach and enrollment support for families
of eligible children.
(D) Supporting data systems building.
(E) Supporting staff of eligible providers in pursuing
credentials and degrees, including baccalaureate degrees.
(F) Supporting activities that ensure access to inclusive
preschool programs for children with disabilities.
(G) Providing age-appropriate transportation services for
children, which at a minimum shall include transportation
services for children experiencing homelessness and children
in foster care.
(H) Conducting or updating a statewide needs assessment of
access to high-quality preschool services.
(4) Lead agency.--The Governor of a State desiring for the
State to receive a payment under this subsection shall
designate a lead agency (such as a State agency or joint
interagency office) for the administration of the State's
preschool program under this section.
(5) State plan.--In order to be eligible for payments under
this section, the Governor of a State shall submit a State
plan to the Secretary for approval by the Secretary, in
collaboration with the Secretary of Education, at such time,
in such manner, and containing such information as the
Secretary shall by rule require, that includes a plan for
achieving universal, high-quality, free, inclusive, and
mixed-delivery preschool services. Such plan shall include,
at a minimum, each of the following:
(A) A certification that--
(i) the State has in place, or will have in place no later
than 18 months after the State first receives funding under
this section, developmentally appropriate, evidence-based
preschool standards that, at a minimum, are as rigorous as
the standards specified in subparagraph (B) of section
641A(a)(1) of the Head Start Act (42 U.S.C. 9836a(a)(1)) and
include program standards for class sizes and ratios; and
(ii) the State will coordinate such standards with other
early learning standards in the State.
(B) An assurance that the State will ensure--
(i) all preschool services in the State funded under this
section will--
(I) be universally available to all children in the State
without any additional eligibility requirements; and
(II) be high-quality, free, and inclusive; and
(ii) that the local preschool programs in the State funded
under this section will--
(I) by not later than 1 year after the program receives
such funding, meet the State's preschool education standards
described in subparagraph (A);
(II) offer programming that meets the duration requirements
of at least 1,020 annual hours;
(III) adopt policies and practices to conduct outreach and
provide expedited enrollment, including prioritization, to--
(aa) children experiencing homelessness (which, in the case
of a child attending a program provided by an eligible
provider described in subsection (a)(6)(A), shall include
immediate enrollment for the child);
(bb) children in foster care or kinship care;
(cc) children in families who are engaged in migrant or
seasonal agricultural labor;
(dd) children with disabilities, including eligible
children who are served under part C of the Individuals with
Disabilities Education Act; and
(ee) dual language learners;
(IV) provide for salaries, and set schedules for salaries,
for staff of providers in the State preschool program that
are equivalent to salaries of elementary school staff with
similar credentials and experience;
(V) at a minimum, provide a living wage for all staff of
such providers; and
(VI) require educational qualifications for teachers in the
preschool program including, at a minimum, requiring that
lead teachers in the preschool program have a baccalaureate
degree in early childhood education or a related field by not
later than 6 years after the date on which the State first
receives funds under this section, except that--
(aa) subject to item (bb), the requirements under this
subclause shall not apply to individuals who were employed by
an eligible provider or early education program for a
cumulative 3 of the 5 years immediately preceding the date of
enactment of this Act and have the necessary content
knowledge and teaching skills for early childhood educators,
as demonstrated through measures determined by the State; and
(bb) nothing in this section shall require the State to
lessen State requirements for educational qualifications, in
existence on the date of enactment of this Act, to serve as a
teacher in a State preschool program.
(C) For States with existing publicly funded State
preschool programs (as of the date of submission of the State
plan), a description of how the State plans to use funding
provided under this section to ensure that such existing
programs in the State meet the requirements of this section
for a State preschool program.
(D) A description of how the State, in establishing and
operating the State preschool program supported under this
section, will--
(i) support a mixed-delivery system for any new slots
funded under this section, including by facilitating the
participation of Head Start programs and programs offered by
licensed child care providers;
(ii) ensure the State preschool program does not disrupt
the stability of infant and toddler child care throughout the
State;
(iii) ensure adequate consultation with the State Advisory
Council on Early Childhood Education and Care designated or
established in section 642B(b)(1)(A)(i) of the Head Start Act
(42 U.S.C. 9837b(b)(1)(A)(i)) in the development of its plan,
including consultation in how the State intends to distribute
slots under clause (v);
(iv) partner with Head Start agencies to ensure the full
utilization of Head Start programs within the State; and
(v) distribute new preschool slots and resources equitably
among child care (including family child care) providers,
Head Start agencies, and schools within the State.
(E) A certification that the State, in operating the
program described in this section for a fiscal year--
(i) will not reduce the total preschool slots provided in
State-funded preschool programs from the number of such slots
in the previous fiscal year; or
(ii) if the number of eligible children identified in the
State declines from the previous fiscal year, will maintain
at least the previous year's ratio of the total preschool
slots described in clause (i) to eligible children so
identified.
(F) An assurance that the State will use funding provided
under this section to ensure children with disabilities have
access to and participate in inclusive preschool programs
consistent with provisions in the Individuals with
Disabilities Education Act, and a description of how the
State will collaborate with entities carrying out programs
under section 619 or part C of the Individuals with
Disabilities Education Act, to support inclusive preschool
programs.
(G) A certification that the State will support the
continuous quality improvement of programs providing
preschool services under this section, including support
through technical assistance, monitoring, and research.
(H) A certification that the State will ensure a highly
qualified early childhood workforce to support the
requirements of this section.
(I) An assurance that the State will meet the requirements
of clauses (ii) and (iii) of section 658E(c)(2)(T) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(T)), with respect to funding and assessments
under this section.
(J) A certification that subgrant and contract amounts
provided as described in subsection (d) will be sufficient to
enable eligible providers to meet the requirements of this
section, and will provide for increased payment amounts based
on the criteria described in subclauses (IV) and (V) of
subparagraph (B)(ii).
(K) An agreement to provide to the Secretary such periodic
reports, providing a detailed accounting of the uses of
funding received under this section, as the Secretary may
require for the administration of this section.
(6) Duration of the plan.--Each State plan shall remain in
effect for a period of not more than 3 years. Amendments to
the State plan shall remain in effect for the duration of the
plan.
(7) Transitional state plan.--For a period of not more than
3 years following the date of enactment of this Act, the
Secretary shall award funds under this section, for the
purpose of expanding access to universal, high-quality, free,
inclusive, and mixed-delivery preschool services in alignment
with the requirements of this section, to States with an
approved transitional State plan, submitted at such time, in
such manner, and containing such information as the Secretary
shall require, including at a minimum an assurance that the
State will submit a State plan under paragraph (5).
(d) Subgrants and Contracts for Local Preschool Programs.--
(1) Subgrants and contracts.--
(A) In general.--A State that receives a payment under
subsection (c)(2) for a fiscal year shall use amounts
provided through the payment to pay the costs of subgrants
to, or contracts with, eligible providers to operate
universal, high-quality, free, and inclusive
[[Page S4309]]
preschool programs (which State-funded programs may be
referred to in this section as ``local preschool programs'')
through the State preschool program in accordance with
paragraph (3). A State shall reduce or increase the amounts
provided under such subgrants or contracts if needed to
adjust for any overpayment or underpayment described in
subsection (c)(2)(B)(iv).
(B) Amount.--A State shall award a subgrant or contract
under this subsection in a sufficient amount to enable the
eligible provider to operate a local preschool program that
meets the requirements of subsection (c)(5)(B), which amount
shall reflect variations in the cost of preschool services by
geographic area, type of provider, and age of child, and the
additional costs associated with providing inclusive
preschool services for children with disabilities.
(C) Duration.--The State shall award a subgrant or contract
under this subsection for a period of not less than 3 years,
unless the subgrant or contract is terminated or suspended,
or the subgrant period is reduced, for cause.
(2) Enhanced payments for comprehensive services.--In
awarding subgrants or contracts under this subsection and in
addition to meeting the requirements of paragraph (1)(B), the
State shall award subgrants or contracts with enhanced
payments to eligible providers that offer local preschool
programs funded under this subsection to a high percentage of
low-income children to support comprehensive services.
(3) Establishing and expanding universal preschool
programs.--
(A) Establishing and expanding universal preschool programs
in high-need communities.--In awarding subgrants or contracts
under this subsection, the State shall first prioritize
establishing and expanding universal local preschool programs
within and across high-need communities by awarding subgrants
or contracts to eligible providers operating within and
across, or with capacity to operate within and across, such
high-need communities. The State shall--
(i) use a research-based methodology approved by the
Secretary to identify such high-need communities, as
determined by--
(I) the rate of poverty in the community;
(II) rates of access to high-quality preschool within the
community; and
(III) other indicators of community need as required by the
Secretary; and
(ii) distribute funding for preschool services under this
section within such a high-need community so that a majority
of children in the community are offered such preschool
services before the State establishes and expands preschool
services in communities with lower levels of need.
(B) Use of funds.--Subgrants or contracts awarded under
subparagraph (A) shall be used to enroll and serve children
in such a local preschool program involved, including by
paying the costs--
(i) of personnel (including classroom and administrative
personnel), including compensation and benefits;
(ii) associated with implementing the State's preschool
standards, providing curriculum supports, and meeting early
learning and development standards;
(iii) of professional development, teacher supports, and
training;
(iv) of implementing and meeting developmentally
appropriate health and safety standards (including licensure,
where applicable), teacher to child ratios, and group size
maximums;
(v) of materials, equipment, and supplies; and
(vi) of rent or a mortgage, utilities, building security,
indoor and outdoor maintenance, and insurance.
(4) Establishing and expanding universal preschool programs
in additional communities.--Once a State that receives a
payment under subsection (c)(2) meets the requirements of
paragraph (3) with respect to establishing and expanding
local preschool programs within and across high-need
communities, the State shall use funds from such payment to
enroll and serve children in local preschool programs, as
described in such paragraph, in additional communities in
accordance with the metrics described in paragraph (3)(A)(i).
Such funds shall be used for the activities described in
clauses (i) through (vi) of paragraph (3)(B).
(e) Payments for Universal Preschool Services to Indian
Tribes and Territories.--
(1) Indian tribes and tribal organizations.--
(A) In general.--For each of fiscal years 2023 through
2028, from the amount appropriated for Indian Tribes and
Tribal organizations under subsection (b)(2)(A), the
Secretary shall make payments to Indian Tribes and Tribal
organizations with an application approved under subparagraph
(B), and the Tribes and Tribal organizations shall be
entitled to such payments for the purpose of carrying out the
preschool program described in this section, consistent, to
the extent practicable as determined by the Secretary, with
the requirements applicable to States.
(B) Applications.--An Indian Tribe or Tribal organization
seeking a payment under this paragraph shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may specify.
(2) Territories.--
(A) In general.--For each of fiscal years 2023 through
2028, from the amount appropriated for territories under
subsection (b)(2)(B), the Secretary shall make payments to
the territories with an application approved under
subparagraph (B), and the territories shall be entitled to
such payments, for the purpose of carrying out the preschool
program described in this section, consistent, to the extent
practicable as determined by the Secretary, with the
requirements applicable to States.
(B) Applications.--A territory seeking a payment under this
paragraph shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may specify.
(3) Lead agency.--The head of an Indian tribe or territory
desiring for the Indian tribe or a related tribal
organization, or territory, to receive a payment under this
subsection shall designate a lead agency (such as a tribal or
territorial agency or joint interagency office) for the
administration of the preschool program of the Indian tribe
or territory, under this section.
(f) Grants to Localities and Head Start Expansion in
Nonparticipating States.--
(1) Eligible locality defined.--In this subsection, the
term ``eligible locality'' means a city, county, or other
unit of general local government, a local educational agency,
or a Head Start agency.
(2) Grants to localities.--
(A) In general.--The Secretary, in consultation with the
Secretary of Education, shall use funds reserved in
subsection (b)(2)(F) or reallotted under subsection (c)(2)(C)
to award local universal preschool grants, as determined by
the Secretary of Health and Human Services, to eligible
localities located in States that have not received payments
under subsection (c)(2)(A). The Secretary shall award the
grants to eligible localities in a State from the allotment
made for that State under subparagraph (B). The Secretary
shall specify the requirements for an eligible locality to
conduct a preschool program under this subsection which
shall, to the greatest extent practicable, be consistent with
the requirements applicable to States under this section, for
a universal, high-quality, free, and inclusive preschool
program.
(B) Allotments.--For each State described in subparagraph
(A), the Secretary shall allot for the State for a fiscal
year an amount that bears the same relationship to the funds
appropriated under subsection (b)(2)(F) for the fiscal year
as the number of children from families with family incomes
at or below 200 percent of the poverty line, and who are
under the age of 6, in the State bears to the total number of
all such children in all States described in subparagraph
(A).
(C) Application.--To receive a grant from the corresponding
State allotment under this subsection, an eligible locality
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require. The requirements for the application shall, to
the greatest extent practicable, be consistent with the State
plan requirements applicable to States under this section.
(D) Recoupment of unused funds.--Notwithstanding any other
provision of this section, for each of fiscal years 2024
through 2028, the Secretary shall have the authority to
recoup any unused funds allotted under subparagraph (B) for
awards under paragraph (3)(A) to Head Start agencies in
accordance with paragraph (3).
(3) Head start expansion in nonparticipating states.--
(A) In general.--The Secretary shall use funds appropriated
under subsection (b)(2)(G), reallotted under subsection
(c)(2)(C), or recouped under paragraph (2) to make awards to
Head Start agencies in a State described in paragraph (2)(A)
to carry out the purposes of the Head Start Act in such
State.
(B) Rule.--For purposes of carrying out the Head Start Act
in circumstances not involving awards under this paragraph,
funds awarded under subparagraph (A) shall not be included in
the calculation of a ``base grant'' as such term is defined
in section 640(a)(7)(A) of the Head Start Act (42 U.S.C.
9835(a)(7)(A)).
(C) Definition.--In this paragraph, the term ``Head Start
agency'' means an entity designated or eligible to be
designated as a Head Start agency under section 641(a)(1) of
the Head Start Act or as an Early Head Start agency (by
receiving a grant) under section 645A(a) of such Act.
(4) Priority for serving underserved communities.--In
making determinations to award a grant or make an award under
this subsection, the Secretary shall give priority to
entities serving communities with a high percentage of
children from families with family incomes at or below 200
percent of the poverty line.
(g) Allowable Sources of Non-Federal Share.--For purposes
of calculating the amount of the non-Federal share, as
determined under subsection (c)(2)(B)(iii), relating to a
payment under subsection (c)(2)(B), a State's non-Federal
share--
(1) may be in cash or in kind, fairly evaluated, including
facilities or property, equipment, or services;
(2) shall include any increase in amounts spent by the
State to expand half-day kindergarten programs in the State,
as of the day before the date of enactment of this Act, into
full-day kindergarten programs;
(3) shall not include contributions being used as a non-
Federal share or match for another Federal award;
(4) shall be provided from State or local sources,
contributions from philanthropy or
[[Page S4310]]
other private organizations, or a combination of such sources
and contributions; and
(5) shall count not more than 100 percent of the State's
current spending on prekindergarten programs, calculated as
the average amount of such spending by the State for fiscal
years 2020, 2021, and 2022, toward the State's non-Federal
share.
(h) Maintenance of Effort.--
(1) In general.--If a State reduces its combined fiscal
effort per child for the State preschool program (whether a
publicly funded preschool program or a program under this
section) or through State supplemental assistance funds for
Head Start programs assisted under the Head Start Act, or
through any State spending on preschool services for any
fiscal year that a State receives payments under subsection
(c)(2) (referred to in this paragraph as the ``reduction
fiscal year'') relative to the previous fiscal year, the
Secretary, in collaboration with the Secretary of Education,
shall reduce support for such State under such subsection by
the same amount as the total reduction in that State fiscal
effort for such reduction fiscal year.
(2) Waiver.--The Secretary, in collaboration with the
Secretary of Education, may waive the requirements of
paragraph (1) if--
(A) the Secretaries determine that a waiver would be
appropriate due to a precipitous decline in the financial
resources of a State as a result of unforeseen economic
hardship, or a natural disaster, that has necessitated
across-the-board reductions in State services during the 5-
year period preceding the date of the determination,
including for early childhood education programs; or
(B) due to the circumstance of a State requiring reductions
in specific programs, including early childhood education
programs, the State presents to the Secretaries a
justification and demonstration why other programs could not
be reduced and how early childhood education programs in the
State will not be disproportionately harmed by such State
reductions.
(i) Supplement Not Supplant.--Funds received under this
section shall be used to supplement and not supplant other
Federal, State, and local public funds expended on
prekindergarten programs in the State on the date of
enactment of this Act, calculated as the average amount of
such Federal, State, and local public funds expended for
fiscal years 2020, 2021, and 2022.
(j) Nondiscrimination Provisions.--The following provisions
of law shall apply to any program or activity that receives
funds provided under this section:
(1) Title IX of the Education Amendments of 1972.
(2) Title VI of the Civil Rights Act of 1964.
(3) Section 504 of the Rehabilitation Act of 1973.
(4) The Americans with Disabilities Act of 1990.
(k) Monitoring and Enforcement.--
(1) Review of compliance with requirements and state
plan.--The Secretary shall review and monitor compliance of
States, territories, Tribal entities, and local entities with
this section and State compliance with the State plan
described in subsection (c)(5) or State transitional plan
described in subsection (c)(7).
(2) Issuance of rule.--The Secretary shall establish by
rule procedures for--
(A) receiving, processing, and determining the validity of
complaints or findings concerning any failure of a State to
comply with the State plan or any other requirement of this
section;
(B) notifying a State when the Secretary has determined
there has been a failure by the State to comply with a
requirement of this section; and
(C) imposing sanctions under this subsection for such a
failure.
______
SA 5301. Mr. GRAHAM submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike part 6 of subtitle D of title I and insert the
following:
PART 6--LIMITATION ON DEDUCTION FOR STATE AND LOCAL TAXES
SEC. 13601. EXTENSION OF LIMITATION ON DEDUCTION FOR STATE
AND LOCAL, ETC., TAXES.
(a) In General.--Section 164(b)(6) is amended by striking
``2026'' and inserting ``2027''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5302. Mrs. FISCHER submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 30001 and insert the following:
SEC. 30001. ENHANCED USE OF DEFENSE PRODUCTION ACT OF 1950.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $450,000,000, to remain
available until September 30, 2024, to improve the munitions
production infrastructure of the United States using the
authority provided by the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.).
______
SA 5303. Mrs. FISCHER submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part IX of subtitle D of title I, insert the
following:
SEC. 13903. PROHIBITION ON TAX BENEFITS FOR PRODUCTS PRODUCED
BY COVERED FOREIGN COUNTRIES.
(a) In General.--With respect to any credit or deduction
allowed under the Internal Revenue Code of 1986 which is
added or amended by any provision of this subtitle, such
credit or deduction shall not be allowed with respect to any
facility, project, or property which includes or otherwise
uses any covered technology which is acquired, purchased, or
procured from a covered foreign country.
(b) Covered Foreign Country.--For purposes of this section,
the term ``covered foreign country'' means any of the
following:
(1) The Russian Federation.
(2) The Islamic Republic of Iran.
(3) The Democratic People's Republic of Korea
(4) The People's Republic of China.
(c) Covered Technology.--For purposes of this section, the
term ``covered technology'' means--
(1) solar photovoltaic modules,
(2) wind turbines,
(3) electric vehicle batteries, and
(4) any component or part (including any critical minerals)
used in the production of any property described in
paragraphs (1) through (3).
______
SA 5304. Mrs. FISCHER submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60111 and insert the following:
SEC. 60111. GREENHOUSE GAS CORPORATE REPORTING.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$5,000,000, to remain available until September 30, 2031, for
the Environmental Protection Agency to support--
(1) enhanced standardization and transparency of corporate
climate action commitments and plans to reduce greenhouse gas
(as defined in section 211(o)(1)(G) of the Clean Air Act (42
U.S.C. 7545(o)(1)(G)) (as in effect on the date of enactment
of this Act)) emissions;
(2) enhanced transparency regarding progress toward meeting
such commitments and implementing such plans; and
(3) progress toward meeting such commitments and
implementing such plans.
(b) Prohibition.--None of the amounts made available under
subsection (a) may be used to support the implementation of
any regulation, rule, or standard that would require the
reporting of emissions of greenhouse gases (as defined in
section 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
7545(o)(1)(G)) (as in effect on the date of enactment of this
Act)) from small businesses (as determined in accordance with
part 121 of title 13, Code of Federal Regulations (or
successor regulations)), farms, or ranches.
______
SA 5305. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In subtitle A of title I, strike part 3 and insert the
following:
PART 3--EXTENSION OF CERTAIN TAX PROVISIONS
SEC. 10301. EXTENSION OF LIMITATION ON DEDUCTION FOR STATE
AND LOCAL TAXES.
(a) In General.--Section 164(b)(6) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``January 1, 2026'' and inserting ``January
1, 2028'', and
(2) by striking ``2025'' in the heading thereof and
inserting ``2027''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 10302. EXTENSION OF SPECIAL RULES FOR CHILD TAX CREDIT.
(a) In General.--Section 24(h) of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``January 1, 2026'' in paragraph (1) and
inserting ``January 1, 2028'', and
(2) by striking ``2025'' in the heading thereof and
inserting ``2027''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5306. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title
[[Page S4311]]
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title I, add the following:
PART _--EXTENSION OF CERTAIN TAX PROVISIONS
SEC. 10_01. EXTENSION OF LIMITATION ON DEDUCTION FOR STATE
AND LOCAL TAXES.
(a) In General.--Section 164(b)(6) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``January 1, 2026'' and inserting ``January
1, 2028'', and
(2) by striking ``2025'' in the heading thereof and
inserting ``2027''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 10_02. EXTENSION OF SPECIAL RULES FOR CHILD TAX CREDIT.
(a) In General.--Section 24(h) of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``January 1, 2026'' in paragraph (1) and
inserting ``January 1, 2028'', and
(2) by striking ``2025'' in the heading thereof and
inserting ``2027''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 10_03. ELIMINATION OF ADDITIONAL IRS FUNDING FOR
ENFORCEMENT.
Section 10301(a)(1)(A) of this Act is amended by striking
clause (ii).
______
SA 5307. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. AMENDMENT TO THE COUNTERMEASURE INJURY COMPENSATION
PROGRAM.
Section 319F-4 of the Public Health Service Act (42 U.S.C.
247d-6e) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``under 319F-3(b)'' and
inserting ``under section 319F-3(b)'';
(B) in paragraph (2)--
(i) by striking ``and be in the same amount'' and all that
follows through ``shall not apply'' and inserting ``be in the
same amount, and be subject to the same conditions as is
prescribed by section 2115'';
(C) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Determination of eligibility and compensation.--
Compensation shall be awarded under this section to eligible
individuals in accordance with the procedure set forth in
sections 2111, 2112, 2113, and 2121 for purposes of the
National Vaccine Injury Compensation Program, subject to the
other provisions of this section.'';
(D) by inserting before paragraph (5) the following:
``(4) Time for filing petitions.--
``(A) Previously submitted requests.--
``(i) Pending claims.--In the case of a request for
compensation submitted under this section before the date of
enactment of the Countermeasure Injury Compensation Fund
Amendment Act for which no compensation has been provided
prior to such date of enactment, in order to be eligible for
compensation under this section, not later than 28 months
after such date of enactment, the individual shall submit a
new petition under this section, consistent with the
amendments made by the Countermeasure Injury Compensation
Fund Amendment Act.
``(ii) Previously paid claims.--In the case of a request
for compensation submitted under this section and paid under
this section before the date of enactment of the
Countermeasure Injury Compensation Fund Amendment Act that
relates to a COVID-19 countermeasure, the individual
receiving such compensation may submit a subsequent petition
under this section for additional compensation in the amount
the individual would have received for such claim under this
section after such date of enactment, less the amount already
received by the individual.
``(B) Subsequent petitions.--In the case of a an injury or
death resulting from the administration or use of a covered
countermeasure to which subparagraph (A) does not apply, a
petition for benefits or compensation under this section
shall be filed not later than--
``(i) subject to clause (ii)--
``(I) in the case of serious physical injury, 3 years after
the first symptom or manifestation of onset of a significant
aggravation of a covered injury; or
``(II) in the case of death--
``(aa) 2 years after death from the administration or use
of the covered countermeasure; and
``(bb) 4 years after the occurrence of the first symptom or
manifestation of onset or of the significant aggravation of
the injury from which the death resulted; and
``(ii) in the case that a covered countermeasure is added
to the table under paragraph (5)(A) and the effect is to
permit an individual who was not, before such addition,
eligible to seek compensation under this section, such
individual may file a petition for such compensation not
later than 2 years after the effective date of the addition
of such countermeasure.'';
(E) in paragraph (5), by striking subparagraphs (B) and (C)
and inserting the following:
``(B) Amendment with respect to covid-19 vaccines.--
``(i) In general.--Not later than 60 days after receipt of
the report under subparagraph (C)(iii), the Secretary, taking
into consideration such report, shall amend the covered
countermeasure injury table established under subparagraph
(A) to include all injuries related to COVID-19 vaccines that
meet the standard described in subparagraph (A). In amending
such table, the Secretary shall consider injuries caused by
use of any vaccine that is, or was, the subject of an
emergency use authorization under section 564 of the Federal
Food, Drug, and Cosmetic Act.
``(ii) Explanation of certain determinations.--With respect
to any recommendation of the COVID-19 Vaccine Commission
included in the report under subparagraph (C)(iii) that the
Secretary does not adopt pursuant to this subparagraph, the
Secretary, not later than 7 days after the covered
countermeasure injury table has been amended pursuant to
clause (i), shall publish a written explanation of the
determination not to adopt such recommendation.
``(C) COVID-19 vaccine commission.--
``(i) In general.--There is established a commission to be
known as the COVID-19 Vaccine Commission (referred to in this
subparagraph as the `Commission') that is tasked with
identifying covered injuries related to COVID-19 vaccines,
for purposes of recommending to the Secretary injuries for
inclusion on the covered countermeasure injury table, as
described in subparagraph (B).
``(ii) Membership.--
``(I) In general.--The Commission shall be composed of the
following:
``(aa) The Secretary, or a designee of the Secretary, to
serve as an ex officio member.
``(bb) The following members, selected, not later than 30
days after the date of enactment of the Countermeasure Injury
Compensation Fund Amendment Act, in accordance with subclause
(II):
``(AA) 3 members appointed by the Chair of the Committee on
Health, Education, Labor, and Pensions of the Senate.
``(BB) 3 members appointed by the Ranking Member of the
Committee on Health, Education, Labor, and Pensions of the
Senate.
``(CC) 3 members appointed by the Chair of the Committee on
Energy and Commerce of the House of Representatives.
``(DD) 3 members appointed by the Ranking Member of the
Committee on Energy and Commerce of the House of
Representatives.
``(II) Eligibility.--Members selected to serve on the
Commission pursuant to subclause (I)(bb) shall--
``(aa) be chosen on the basis of their experience,
integrity, impartiality, and good judgement;
``(bb) at the time of appointment, not be elected or
appointed officers or employees in the executive,
legislative, or judicial branch of the Federal Government;
and
``(cc) at the time of appointment, not be a member of the
board or an employee of an entity whose product is under
review, or expected to be under review, by the Commission.
``(III) No compensation.--Members of the Commission shall
not be compensated.
``(IV) Conflict of interest.--Each member of the Commission
shall recuse themselves from advising on a covered
countermeasure for which the member has a conflict of
interest as described in section 208 of title 18, United
States Code.
``(iii) Report.--No later than one year after the date of
enactment of the Countermeasure Injury Compensation Fund
Amendment Act, the Commission shall submit to the Secretary
and make publicly available a report identifying covered
injuries considered for purposes of inclusion on the covered
countermeasure injury table pursuant to subparagraph (B), and
the vote counts and outcomes for each such injury.
``(iv) Sunset.--The Commission established under this
subparagraph shall be terminated upon publication of the
report under clause (iii).'';
(F) by redesignating paragraph (6) as paragraph (7);
(G) by inserting after paragraph (5) the following:
``(6) Electronic filing of petitions.--The clerk of the
United States Court of Federal Claims shall provide an option
for the electronic filing of a petition to initiate a
proceeding for compensation under this section.''; and
(H) in paragraph (7), as so redesignated--
(i) by striking ``sections 262, 263, 264, 265, and 266''
and inserting ``sections 2111, 2112, 2113, 2115, and 2121'';
(ii) in subparagraph (A), by striking ``terms `vaccine' and
`smallpox vaccine' '' and inserting ``term `vaccine' '';
(iii) by amending subparagraph (B) to read as follows:
``(B) the term `Vaccine Injury Table' shall be deemed to
mean the table established under paragraph (5)(A);'';
(iv) by redesignating subparagraph (C) as subparagraph (F);
and
(v) by inserting after subparagraph (B) the following:
``(C) the term `factors unrelated to the administration of
the vaccine' shall be deemed to mean factors unrelated to the
administration or use of a covered countermeasure;
``(D)(i) the terms `petition', `petition under section
2111', and `petition filed under section 2111' shall be
deemed to mean a request for compensation under this section;
and
``(ii) the term `petitioner' shall be deemed to mean a
covered individual, as defined in
[[Page S4312]]
subsection (e), who makes a request for benefits or
compensation under this section;
``(E) the term `vaccine-related injury or death' shall be
deemed to mean a covered injury, as defined in subsection
(e); and''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``, or if the Secretary
fails'' and all that follows through ``319F-3(d)'' and
inserting a period; and
(B) in paragraph (5), by striking ``under subsection (a)
the Secretary determines that a covered individual qualifies
for compensation'' and inserting ``a covered individual is
determined under subsection (a) to be eligible for
compensation under this section''.
______
SA 5308. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike part 4 of subtitle D of title I.
______
SA 5309. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60201.
______
SA 5310. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 23003 and insert the following:
SEC. 23003. STATE AND PRIVATE FORESTRY CONSERVATION PROGRAMS;
CATEGORICAL EXCLUSIONS TO EXPEDITE WILDFIRE
PREVENTION ACTIVITIES.
(a) State and Private Forestry Conservation Programs.--
(1) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(A) $675,000,000 to provide competitive grants to States
through the Forest Legacy Program established under section 7
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c) for projects for the acquisition of land and interests
in land,
(B) $1,475,000,000 to provide multiyear, programmatic,
competitive grants to a State agency, a local governmental
entity, an agency or governmental entity of the District of
Columbia, an agency or governmental entity of an insular area
(as defined in section 1404 of the National Agriculture
Research, Extnesion and Teaching Policy Act of 1977 (7 U.S.C.
3103)) an Indian Tribe, or a nonprofit organization through
the Urban and Community Forestry Assistance program
established under section 9(c) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2105(c)) for tree planting
and related activities,
(2) Waiver.--Any non-Federal cost-share requirement
otherwise applicable to projects carried out under this
subsection may be waived at the discretion of the Secretary.
(b) Categorical Exclusions to Expedite Wildfire Prevention
Activities.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
to remain available until September 30, 2031, $50,000,000 for
the Forest Service to update and promulgate new categorical
exclusions in accordance with section 1b.3(b) of title 7,
Code of Federal Regulations, to expedite wildfire prevention
activities.
______
SA 5311. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 50223 and insert the following:
SEC. 50223. NATIONAL PARK SERVICE EMPLOYEES.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$450,000,000, to remain available through September 30, 2030,
to hire employees in units of the National Park System.
SEC. 50224. REIMBURSEMENT FOR COSTS OF SEARCH AND RESCUE
ACTIVITIES.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available through September 30, 2030,
to reimburse local authorities for search and rescue
activities conducted with respect to individuals who are lost
or endangered on Federal public land in accordance with 312
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1742).
______
SA 5312. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 50263.
______
SA 5313. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike sections 50261 and 50262.
______
SA 5314. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In subtitle A of title V, strike part 2.
______
SA 5315. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike part 6 of subtitle D of title I.
______
SA 5316. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place in subtitle B of title V, insert
the following:
SEC. 502__. SUPPLEMENTAL PAYMENTS UNDER THE PAYMENTS IN LIEU
OF TAXES PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$460,000,000, to remain available through September 30, 2031,
to provide supplemental payments to general units of local
government for each of fiscal years 2022 through 2031 under
chapter 69 of title 31, United States Code, with the amount
of the supplemental payment for each fiscal year to be
determined by the Secretary, based on the proportional share
of the payment received by the general unit of local
government under that chapter for the applicable fiscal year.
SEC. 502__. REDUCTION OF APPROPRIATION FOR HOME ENERGY
PERFORMANCE-BASED, WHOLE-HOUSE REBATES.
Notwithstanding section 50121(a)(1), the amount
appropriated under that section shall be $3,840,000,000.
______
SA 5317. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TERMINATION OF SECTION 232 DUTIES WITH RESPECT TO
STEEL AND ALUMINUM.
(a) In General.--Duties described in subsection (b) shall
not apply with respect to articles entered or withdrawn from
warehouse for consumption on or after the date of the
enactment of this Act.
(b) Duties Described.--Duties described in this subsection
are duties imposed under section 232 of the Trade Expansion
Act of 1962 (19 U.S.C. 1862)--
(1) with respect to aluminum pursuant to Presidential
Proclamation 9704 (83 Fed. Reg. 11619), dated March 8, 2018;
and
(2) with respect to steel pursuant to Presidential
Proclamation 9705 (83 Fed. Reg. 11625), dated March 8, 2018.
______
SA 5318. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. RECISION OF CERTAIN UNOBLIGATED FUNDS.
Effective on the date of enactment of this Act, the
unobligated balances made available under the American Rescue
Plan Act of 2021 (Public Law 117-2; 135 Stat. 4), or an
amendment made by such Act, and the CARES Act (Public Law
116-136; 134 Stat. 281), or an amendment made by such Act,
relating to matters within the jurisdiction of the Committee
on Small Business and Entrepreneurship are rescinded.
______
SA 5319. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
[[Page S4313]]
SEC. ___. RECISION OF CERTAIN UNOBLIGATED FUNDS.
Effective on the date of enactment of this Act, the
unobligated balances made available under the American Rescue
Plan Act of 2021 (Public Law 117-2; 135 Stat. 4), or an
amendment made by such Act, and the CARES Act (Public Law
116-136; 134 Stat. 281), or an amendment made by such Act,
relating to matters within the jurisdiction of the Committee
on Health, Education, Labor, and Pensions are rescinded.
______
SA 5320. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title I, add the following:
SEC. ___. RECISION OF CERTAIN UNOBLIGATED FUNDS.
Effective on the date of enactment of this Act, the
unobligated balances made available under the American Rescue
Plan Act of 2021 (Public Law 117-2; 135 Stat. 4), or an
amendment made by such Act, and the CARES Act (Public Law
116-136; 134 Stat. 281), or an amendment made by such Act,
relating to matters within the jurisdiction of the Committee
on Finance, are rescinded.
______
SA 5321. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title III, add the following:
SEC. ___. RECISION OF CERTAIN UNOBLIGATED FUNDS.
Effective on the date of enactment of this Act, the
unobligated balances made available under the American Rescue
Plan Act of 2021 (Public Law 117-2; 135 Stat. 4), or an
amendment made by such Act, and the CARES Act (Public Law
116-136; 134 Stat. 281), or an amendment made by such Act,
relating to matters within the jurisdiction of the Committee
on Banking, Housing, and Urban Affairs are rescinded.
______
SA 5322. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title IV, add the following:
SEC. ___. RECISION OF CERTAIN UNOBLIGATED FUNDS.
Effective on the date of enactment of this Act, the
unobligated balances made available under the American Rescue
Plan Act of 2021 (Public Law 117-2; 135 Stat. 4), or an
amendment made by such Act, and the CARES Act (Public Law
116-136; 134 Stat. 281), or an amendment made by such Act,
relating to matters within the jurisdiction of the Committee
on Commerce, Science, and Transportation are rescinded.
______
SA 5323. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the
following:
SEC. ___. RECISION OF CERTAIN UNOBLIGATED FUNDS.
Effective on the date of enactment of this Act, the
unobligated balances made available under the American Rescue
Plan Act of 2021 (Public Law 117-2; 135 Stat. 4), or an
amendment made by such Act, and the CARES Act (Public Law
116-136; 134 Stat. 281), or an amendment made by such Act,
relating to matters within the jurisdiction of the Committee
on Agriculture, Nutrition, and Forestry are rescinded.
______
SA 5324. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 60402, insert ``facilitating efficient and
effective environmental reviews, including implementation of
the procedural rules contained in the fine rule of the
Council on Environmental Quality entitled `Update to the
Regulations Implementing the Procedural Provisions of the
National Environmental Policy Act' (85 Fed. Reg. 43304 (July
16, 2020)),'' after ``documents,''.
______
SA 5325. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 584, on line 13, strike ``projects,'' and insert
``projects, including dredging projects.''
______
SA 5326. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60115 and insert the following:
SEC. 60115. ENVIRONMENTAL PROTECTION AGENCY EFFICIENT,
ACCURATE, AND TIMELY REVIEWS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $40,000,000, to
remain available until September 30, 2026, to provide for the
development of efficient reviews, accurate reviews, and
timely reviews for permitting and approval processes through
the hiring and training of personnel, the development of
programmatic documents, the procurement of technical or
scientific services for reviews, the development of
environmental data or information systems, stakeholder and
community engagement, the purchase of new equipment for
environmental analysis, and the development of geographic
information systems and other analysis tools, techniques, and
guidance to improve agency transparency, accountability, and
public engagement.
(b) Definition of Timely Review.--In this section, the term
``timely review'', with respect to permitting and approval
processes for a proposed action, means the goal of completing
all review for those processes for the proposed action not
later than the date that is 2 years after the date on which
the permitting and approval processes commence.
______
SA 5327. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 70007, add at the end the following:
Modification of Definition of Covered Project.--Section
41001(6)(A)(i)(II) of the FAST Act (42 U.S.C.
4370m(6)(A)(i)(II)) is amended by striking ``$200,000,000''
and inserting ``$10,000,000''.
______
SA 5328. Ms. LUMMIS submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60103 and all that follows through the
period at the end of section 60201 and insert the following:
SEC. 60103. DIESEL EMISSIONS REDUCTIONS.
(a) Goods Movement.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$60,000,000, to remain available until September 30, 2031,
for grants, rebates, and loans under section 792 of the
Energy Policy Act of 2005 (42 U.S.C. 16132) to identify and
reduce diesel emissions resulting from goods movement
facilities, and vehicles servicing goods movement facilities,
in low-income and disadvantaged communities to address the
health impacts of such emissions on such communities.
(b) Administrative Costs.--The Administrator of the
Environmental Protection Agency shall reserve 2 percent of
the amounts made available under this section for the
administrative costs necessary to carry out activities
pursuant to this section.
SEC. 60104. FUNDING TO ADDRESS AIR POLLUTION.
(a) Fenceline Air Monitoring and Screening Air
Monitoring.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$117,500,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405) to deploy, integrate,
support, and maintain fenceline air monitoring, screening air
monitoring, national air toxics trend stations, and other air
toxics and community monitoring.
(b) Multipollutant Monitoring Stations.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available
until September 30, 2031, for grants and other activities
authorized under subsections (a) through (c) of section 103
and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c),
7405)--
(1) to expand the national ambient air quality monitoring
network with new multipollutant monitoring stations; and
(2) to replace, repair, operate, and maintain existing
monitors.
(c) Air Quality Sensors in Low-income and Disadvantaged
Communities.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury
[[Page S4314]]
not otherwise appropriated, $3,000,000, to remain available
until September 30, 2031, for grants and other activities
authorized under subsections (a) through (c) of section 103
and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c),
7405) to deploy, integrate, and operate air quality sensors
in low-income and disadvantaged communities.
(d) Emissions From Wood Heaters.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $15,000,000, to remain available
until September 30, 2031, for grants and other activities
authorized under subsections (a) through (c) of section 103
and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c),
7405) for testing and other agency activities to address
emissions from wood heaters.
(e) Methane Monitoring.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405) for monitoring
emissions of methane.
(f) Clean Air Act Grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$25,000,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405).
(g) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' has the meaning given the term in
section 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
7545(o)(1)(G)) (as in effect on the date of enactment of this
Act).
SEC. 60105. FUNDING TO ADDRESS AIR POLLUTION AT SCHOOLS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$37,500,000, to remain available until September 30, 2031,
for grants and other activities to monitor and reduce air
pollution and greenhouse gas (as defined in section
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G))
(as in effect on the date of enactment of this Act))
emissions at schools in low-income and disadvantaged
communities under subsections (a) through (c) of section 103
of the Clean Air Act (42 U.S.C. 7403(a)-(c)) and section 105
of that Act (42 U.S.C. 7405).
(b) Technical Assistance.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$12,500,000, to remain available until September 30, 2031,
for providing technical assistance to schools in low-income
and disadvantaged communities under subsections (a) through
(c) of section 103 of the Clean Air Act (42 U.S.C. 7403(a)-
(c)) and section 105 of that Act (42 U.S.C. 7405)--
(1) to address environmental issues;
(2) to develop school environmental quality plans that
include standards for school building, design, construction,
and renovation; and
(3) to identify and mitigate ongoing air pollution hazards.
SEC. 60106. FUNDING FOR SECTION 211(O) OF THE CLEAN AIR ACT.
(a) Test and Protocol Development.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $5,000,000, to remain available until
September 30, 2031, to carry out section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) with respect to--
(1) the development and establishment of tests and
protocols regarding the environmental and public health
effects of a fuel or fuel additive;
(2) internal and extramural data collection and analyses to
regularly update applicable regulations, guidance, and
procedures for determining lifecycle greenhouse gas emissions
of a fuel; and
(3) the review, analysis and evaluation of the impacts of
all transportation fuels, including fuel lifecycle
implications, on the general public and on low-income and
disadvantaged communities.
(b) Investments in Advanced Biofuels.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
until September 30, 2031, for new grants to industry and
other related activities under section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) to support investments in
advanced biofuels.
(c) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' has the meaning given the term in
section 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
7545(o)(1)(G)) (as in effect on the date of enactment of this
Act).
SEC. 60107. FUNDING FOR IMPLEMENTATION OF THE AMERICAN
INNOVATION AND MANUFACTURING ACT.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2026, to
carry out subsections (a) through (i) and subsection (k) of
section 103 of division S of Public Law 116-260 (42 U.S.C.
7675).
(2) Implementation and compliance tools.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000, to remain available until
September 30, 2026, to deploy new implementation and
compliance tools to carry out subsections (a) through (i) and
subsection (k) of section 103 of division S of Public Law
116-260 (42 U.S.C. 7675).
(3) Competitive grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until September 30, 2026,
for competitive grants for reclaim and innovative destruction
technologies under subsections (a) through (i) and subsection
(k) of section 103 of division S of Public Law 116-260 (42
U.S.C. 7675).
(b) Administration of Funds.--Of the funds made available
pursuant to subsection (a)(3), the Administrator of the
Environmental Protection Agency shall reserve 5 percent for
administrative costs necessary to carry out activities
pursuant to such subsection.
SEC. 60108. FUNDING FOR ENFORCEMENT TECHNOLOGY AND PUBLIC
INFORMATION.
(a) Compliance Monitoring.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $18,000,000, to remain available
until September 30, 2031, to update the Integrated Compliance
Information System of the Environmental Protection Agency and
any associated systems, necessary information technology
infrastructure, or public access software tools to ensure
access to compliance data and related information.
(b) Communications With ICIS.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000, to remain available until
September 30, 2031, for grants to States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)) to update
their systems to ensure communication with the Integrated
Compliance Information System of the Environmental Protection
Agency and any associated systems.
(c) Inspection Software.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$4,000,000, to remain available until September 30, 2031--
(1) to acquire or update inspection software for use by the
Environmental Protection Agency, States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)); or
(2) to acquire necessary devices on which to run such
inspection software.
SEC. 60109. ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to develop and carry out a program to support the
development, and enhanced standardization and transparency,
of environmental product declarations for construction
materials and products, including by--
(1) providing grants to businesses that manufacture
construction materials and products for developing and
verifying environmental product declarations, and to States,
Indian Tribes, and nonprofit organizations that will support
such businesses;
(2) providing technical assistance to businesses that
manufacture construction materials and products in developing
and verifying environmental product declarations, and to
States, Indian Tribes, and nonprofit organizations that will
support such businesses; and
(3) carrying out other activities that assist in measuring,
reporting, and steadily reducing the quantity of embodied
carbon of construction materials and products.
(b) Administrative Costs.--Of the amounts made available
under this section, the Administrator of the Environmental
Protection Agency shall reserve 5 percent for administrative
costs necessary to carry out this section.
(c) Definitions.--In this section:
(1) Embodied carbon.--The term ``embodied carbon'' means
the quantity of greenhouse gas (as defined in section
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G))
(as in effect on the date of enactment of this
[[Page S4315]]
Act)) emissions associated with all relevant stages of
production of a material or product, measured in kilograms of
carbon dioxide-equivalent per unit of such material or
product.
(2) Environmental product declaration.--The term
``environmental product declaration'' means a document that
reports the environmental impact of a material or product
that--
(A) includes measurement of the embodied carbon of the
material or product;
(B) conforms with international standards, such as a Type
III environmental product declaration, as defined by the
International Organization for Standardization standard
14025; and
(C) is developed in accordance with any standardized
reporting criteria specified by the Administrator of the
Environmental Protection Agency.
(3) State.--The term ``State'' has the meaning given to
that term in section 302(d) of the Clean Air Act (42 U.S.C.
7602(d)).
SEC. 60110. METHANE EMISSIONS REDUCTION PROGRAM.
The Clean Air Act is amended by inserting after section 133
of such Act, as added by section 60102 of this Act, the
following:
``SEC. 134. METHANE EMISSIONS AND WASTE REDUCTION INCENTIVE
PROGRAM FOR PETROLEUM AND NATURAL GAS SYSTEMS.
``(a) Incentives for Methane Mitigation and Monitoring.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$850,000,000, to remain available until September 30, 2028--
``(1) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
owners and operators of applicable facilities to prepare and
submit greenhouse gas reports under subpart W of part 98 of
title 40, Code of Federal Regulations;
``(2) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency authorized
under subsections (a) through (c) of section 103 for methane
emissions monitoring;
``(3) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
reduce methane and other greenhouse gas emissions from
petroleum and natural gas systems, mitigate legacy air
pollution from petroleum and natural gas systems, and provide
support for communities, including funding for--
``(A) improving climate resiliency of communities and
petroleum and natural gas systems;
``(B) improving and deploying industrial equipment and
processes that reduce methane and other greenhouse gas
emissions and waste;
``(C) supporting innovation in reducing methane and other
greenhouse gas emissions and waste from petroleum and natural
gas systems;
``(D) permanently shutting in and plugging wells on non-
Federal land;
``(E) mitigating health effects of methane and other
greenhouse gas emissions, and legacy air pollution from
petroleum and natural gas systems in low-income and
disadvantaged communities; and
``(F) supporting environmental restoration; and
``(4) to cover all direct and indirect costs required to
administer this section, including the costs of implementing
the waste emissions charge under subsection (c), preparing
inventories, gathering empirical data, and tracking
emissions.
``(b) Incentives for Methane Mitigation From Conventional
Wells.--In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$700,000,000, to remain available until September 30, 2028,
for activities described in paragraphs (1) through (4) of
subsection (a) at marginal conventional wells.
``(c) Waste Emissions Charge.--The Administrator shall
impose and collect a charge on methane emissions that exceed
an applicable waste emissions threshold under subsection (f)
from an owner or operator of an applicable facility that
reports more than 25,000 metric tons of carbon dioxide
equivalent of greenhouse gases emitted per year pursuant to
subpart W of part 98 of title 40, Code of Federal
Regulations, regardless of the reporting threshold under that
subpart.
``(d) Applicable Facility.--For purposes of this section,
the term `applicable facility' means a facility within the
following industry segments, as defined in subpart W of part
98 of title 40, Code of Federal Regulations:
``(1) Offshore petroleum and natural gas production.
``(2) Onshore petroleum and natural gas production.
``(3) Onshore natural gas processing.
``(4) Onshore natural gas transmission compression.
``(5) Underground natural gas storage.
``(6) Liquefied natural gas storage.
``(7) Liquefied natural gas import and export equipment.
``(8) Onshore petroleum and natural gas gathering and
boosting.
``(9) Onshore natural gas transmission pipeline.
``(e) Charge Amount.--The amount of a charge under
subsection (c) for an applicable facility shall be equal to
the product obtained by multiplying--
``(1) the number of metric tons of methane emissions
reported pursuant to subpart W of part 98 of title 40, Code
of Federal Regulations, for the applicable facility that
exceed the applicable annual waste emissions threshold listed
in subsection (f) during the previous reporting period; and
``(2)(A) $900 for emissions reported for calendar year
2024;
``(B) $1,200 for emissions reported for calendar year 2025;
or
``(C) $1,500 for emissions reported for calendar year 2026
and each year thereafter.
``(f) Waste Emissions Threshold.--
``(1) Petroleum and natural gas production.--With respect
to imposing and collecting the charge under subsection (c)
for an applicable facility in an industry segment listed in
paragraph (1) or (2) of subsection (d), the Administrator
shall impose and collect the charge on the reported metric
tons of methane emissions from such facility that exceed--
``(A) 0.20 percent of the natural gas sent to sale from
such facility; or
``(B) 10 metric tons of methane per million barrels of oil
sent to sale from such facility, if such facility sent no
natural gas to sale.
``(2) Nonproduction petroleum and natural gas systems.--
With respect to imposing and collecting the charge under
subsection (c) for an applicable facility in an industry
segment listed in paragraph (3), (6), (7), or (8) of
subsection (d), the Administrator shall impose and collect
the charge on the reported metric tons of methane emissions
that exceed 0.05 percent of the natural gas sent to sale from
such facility.
``(3) Natural gas transmission.--With respect to imposing
and collecting the charge under subsection (c) for an
applicable facility in an industry segment listed in
paragraph (4), (5), or (9) of subsection (d), the
Administrator shall impose and collect the charge on the
reported metric tons of methane emissions that exceed 0.11
percent of the natural gas sent to sale from such facility.
``(4) Common ownership or control.--In calculating the
total emissions charge obligation for facilities under common
ownership or control, the Administrator shall allow for the
netting of emissions by reducing the total obligation to
account for facility emissions levels that are below the
applicable thresholds within and across all applicable
segments identified in subsection (d).
``(5) Exemption.--Charges shall not be imposed pursuant to
paragraph (1) on emissions that exceed the waste emissions
threshold specified in such paragraph if such emissions are
caused by unreasonable delay, as determined by the
Administrator, in environmental permitting of gathering or
transmission infrastructure necessary for offtake of
increased volume as a result of methane emissions mitigation
implementation.
``(6) Exemption for regulatory compliance.--
``(A) In general.--Charges shall not be imposed pursuant to
subsection (c) on an applicable facility that is subject to
and in compliance with methane emissions requirements
pursuant to subsections (b) and (d) of section 111 upon a
determination by the Administrator that--
``(i) methane emissions standards and plans pursuant to
subsections (b) and (d) of section 111 have been approved and
are in effect in all States with respect to the applicable
facilities; and
``(ii) compliance with the requirements described in clause
(i) will result in equivalent or greater emissions reductions
as would be achieved by the proposed rule of the
Administrator entitled `Standards of Performance for New,
Reconstructed, and Modified Sources and Emissions Guidelines
for Existing Sources: Oil and Natural Gas Sector Climate
Review' (86 Fed. Reg. 63110 (November 15, 2021)), if such
rule had been finalized and implemented.
``(B) Resumption of charge.--If the conditions in clause
(i) or (ii) of subparagraph (A) cease to apply after the
Administrator has made the determination in that
subparagraph, the applicable facility will again be subject
to the charge under subsection (c) beginning in the first
calendar year in which the conditions in either clause (i) or
(ii) of that subparagraph are no longer met.
``(7) Plugged wells.--Charges shall not be imposed with
respect to the emissions rate from any well that has been
permanently shut-in and plugged in the previous year in
accordance with all applicable closure requirements, as
determined by the Administrator.
``(g) Period.--The charge under subsection (c) shall be
imposed and collected beginning with respect to emissions
reported for calendar year 2024 and for each year thereafter.
``(h) Implementation.--In addition to other authorities in
this Act addressing air pollution from the oil and natural
gas sectors, the Administrator may issue guidance or
regulations as necessary to carry out this section.
``(i) Reporting.--Not later than 2 years after the date of
enactment of this section, and as necessary thereafter, the
Administrator shall revise the requirements of subpart W of
part 98 of title 40, Code of Federal Regulations, to ensure
the reporting under such subpart, and calculation of charges
under subsections (e) and (f) of this section, are based on
empirical data, including data collected pursuant to
subsection (a)(4), accurately reflect the total methane
emissions
[[Page S4316]]
and waste emissions from the applicable facilities, and allow
owners and operators of applicable facilities to submit
empirical emissions data, in a manner to be prescribed by the
Administrator, to demonstrate the extent to which a charge
under subsection (c) is owed.
``(j) Liability for Charge Payment.--Except as established
under this section, a facility owner or operator's liability
for payment of the charge under subsection (c) is not
affected in any way by emission standards, permit fees,
penalties, or other requirements under this Act or any other
legal authorities.
``(k) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' has the meaning given the term in
section 211(o)(1)(G) (as in effect on the date of enactment
of this section).''.
SEC. 60111. ENVIRONMENTAL PROTECTION AGENCY EFFICIENT,
ACCURATE, AND TIMELY REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $40,000,000, to remain available
until September 30, 2026, to provide for the development of
efficient, accurate, and timely reviews for permitting and
approval processes through the hiring and training of
personnel, the development of programmatic documents, the
procurement of technical or scientific services for reviews,
the development of environmental data or information systems,
stakeholder and community engagement, the purchase of new
equipment for environmental analysis, and the development of
geographic information systems and other analysis tools,
techniques, and guidance to improve agency transparency,
accountability, and public engagement.
Subtitle B--Hazardous Materials
SEC. 60201. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
The Clean Air Act is amended by inserting after section
134, as added by subtitle A of this title, the following:
``SEC. 135. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated--
``(1) $2,800,000,000 to remain available until September
30, 2026, to award grants for the activities described in
subsection (b); and
``(2) $200,000,000 to remain available until September 30,
2026, to provide technical assistance to eligible entities
related to grants awarded under this section.
``(b) Grants.--
``(1) In general.--The Administrator shall use amounts made
available under subsection (a)(1) to award grants for periods
of up to 3 years to eligible entities to carry out activities
described in paragraph (2) that benefit disadvantaged
communities, as defined by the Administrator.
``(2) Eligible activities.--An eligible entity may use a
grant awarded under this subsection for--
``(A) community-led air and other pollution monitoring,
prevention, and remediation, and investments in low- and
zero-emission and resilient technologies and related
infrastructure and workforce development that help reduce
greenhouse gas (as defined in section 211(o)(1)(G) (as in
effect on the date of enactment of this section)) emissions
and other air pollutants;
``(B) mitigating climate and health risks from urban heat
islands, extreme heat, wood heater emissions, and wildfire
events;
``(C) climate resiliency and adaptation;
``(D) reducing indoor toxics and indoor air pollution; or
``(E) facilitating engagement of disadvantaged communities
in State and Federal public processes, including facilitating
such engagement in advisory groups, workshops, and
rulemakings.
``(3) Eligible entities.--In this subsection, the term
`eligible entity' means--
``(A) a partnership between--
``(i) an Indian tribe, a local government, or an
institution of higher education; and
``(ii) a community-based nonprofit organization;
``(B) a community-based nonprofit organization; or
``(C) a partnership of community-based nonprofit
organizations.
``(c) Administrative Costs.--The Administrator shall
reserve 7 percent of the amounts made available under
subsection (a) for administrative costs to carry out this
section.''.
SEC. 60202. SUPERFUND.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $5,000,000,000, to remain available
until September 30, 2026, to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 through 9675).
______
SA 5329. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 383, strike lines 21 and 22 and insert the
following:
``(i) the name and Social Security number of the taxpayer
(including a certification by the person who sold such
vehicle to the taxpayer that, at the time of such sale, the
taxpayer demonstrated that they were a citizen or national of
the United States or an alien lawfully present in the United
States),
______
SA 5330. Mr. ROMNEY submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place in subtitle C of title I, insert
the following:
SEC. ______. INCOME CAP ON TEMPORARY INCREASE IN PREMIUM TAX
CREDIT.
(a) In General.--The table contained in clause (iii) of
section 36B(b)(3)(A) of the Internal Revenue Code of 1986 is
amended by striking ``and higher'' in the last line and
inserting ``up to 750.0 percent''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5331. Mr. BRAUN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Beginning on page 568, strike line 20 and all that follows
through page 569, line 11.
______
SA 5332. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of subtitle A of title II, add the following:
SEC. 20002. INCREASING INFANT FORMULA MANUFACTURER CONTRACTS
UNDER WIC PROGRAM.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786) is amended--
(1) in subsection (b)(17), by striking ``selects a single
source (a single infant formula manufacturer) offering the
lowest price'' and inserting ``selects, in accordance with
subsection (h)(8)(A)(iii), infant formula manufacturers'';
and
(2) in subsection (h)(8)(A)--
(A) in clause (iii)--
(i) by striking ``A State'' and all that follows through
``bidders'' and inserting the following:
``(I) In general.--A State agency using a competitive
bidding system for infant formula shall award contracts to--
``(aa) not less than 2 infant formula manufacturers; and
``(bb) bidders''; and
(ii) by adding at the end the following:
``(II) Limitation.--A State agency shall not award a
contract to a single infant formula manufacturer that is for
more than 70 percent of the infant formula for which the
State agency contracts in a year.'';
(B) by striking clauses (v) and (vi);
(C) by redesignating clauses (vii) through (x) as clauses
(v) through (viii), respectively; and
(D) in clause (viii) (as so redesignated), by striking
``clause (ix)'' and inserting ``clause (vii)''.
______
SA 5333. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. EXCISE TAXES ON ONLINE PORNOGRAPHIC SERVICES.
(a) In General.--Subtitle D of the Internal Revenue Code of
1986, as amended by section 11003, is amended by adding at
the end the following new chapter:
``CHAPTER 50B--ONLINE PORNOGRAPHIC SERVICES
``Sec. 5000E. Online pornographic services.
``SEC. 5000E. ONLINE PORNOGRAPHIC SERVICES.
``(a) In General.--
``(1) Content.--There is hereby imposed on the sale of any
pornographic content, or any subscription for such content,
by an online pornographic service a tax in an amount equal to
20 percent of the amount paid for such content or
subscription.
``(2) Advertisements.--There is hereby imposed on the sale
of any advertisement on an online pornographic service a tax
in an amount equal to 20 percent of the amount paid for such
advertisement.
``(b) Definitions.--In this section--
``(1) Online pornographic service.--The term `online
pornographic service' means an entity which is--
``(A) an interactive computer service (as defined in
section 230(f) of the Communications Act of 1934 (47 U.S.C.
230(f))),
``(B) engaged in interstate or foreign commerce or
purposefully avails itself of the United States market or a
portion thereof, and
[[Page S4317]]
``(C) in the regular course of the trade or business of the
entity, creating, hosting, or making available pornographic
content provided by a user or other information content
provider, with the objective intent of earning a profit as a
result of those activities.
``(2) Pornographic content.--The term `pornographic
content' means, with respect to a picture, image, graphic
image file, film, videotape, or other visual depiction, that
such picture, image, graphic image file, film, videotape, or
other depiction depicts an actual or simulated sexual act or
sexual contact (as defined in section 2246 of title 18,
United States Code), actual or simulate normal or perverted
sexual acts, or lewd exhibition of the genitals.
``(c) Payment of Tax.--For purposes of this section, rules
similar to the rules of section 5000B(c) shall apply.''.
(b) Clerical Amendment.--The table of chapters for subtitle
D of the Internal Revenue Code of 1986, as amended by this
Act, is amended by inserting after the item relating to
chapter 50A the following new item:
``Chapter 50B--Online Pornographic Services''.
(c) Effective Date.--The amendments made by this section
shall apply to sales made after the date of enactment of this
Act.
SEC. ___. ENHANCEMENT OF ADOPTION TAX CREDIT.
(a) Increase in Amounts.--
(1) In general.--Paragraph (1) of section 23(b) of the
Internal Revenue Code of 1986 is amended by striking
``$10,000'' and inserting ``$20,000''.
(2) Adoption of child with special needs.--Paragraph (3) of
section 23(a) of such Code is amended--
(A) by striking ``$10,000'' in the heading and inserting
``$20,000'', and
(B) by striking ``$10,000'' and inserting ``$20,000''.
(b) Inflation Adjustment of Increase and Income
Limitation.--Subsection (g) of section 23 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``December 31, 2002'' and inserting
``December 31, 2022'', and
(2) by striking ``2001'' in paragraph (2) thereof and
inserting ``2021''.
(c) Medical Expenses.--23(d) of the Internal Revenue Code
of 1986 is amended by adding at the end the following:
``(4) Medical expenses.--The term `qualified adoption
expenses' shall include any reasonable medical expenses which
are--
``(A) related to the pregnancy and birth of an eligible
child,
``(B) incurred by an individual who has adopted such child,
and
``(C) not reimbursed under a health plan or otherwise.''.
(d) Temporary Refundability.--
(1) In general.--Section 23 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(j) Temporary Refundability.--
``(1) In general.--In the case of a taxable year beginning
after December 31, 2022, and before January 1, 2028, this
section shall be applied as provided in paragraph (2).
``(2) Portion of credit refundable.--The aggregate credits
allowed to a taxpayer under subpart C shall be increased by
the lesser of--
``(A) the credit which would be allowed under this section
without regard to this subsection and the limitation under
section 26(a), or
``(B) the amount by which the aggregate amount of credits
allowed by this subpart (determined without regard to this
subsection) would increase if the limitation imposed by
section 26(a) were increased by the greater of--
``(i) 15 percent of so much of the taxpayer's earned income
(within the meaning of section 32) which is taken into
account in computing taxable income for the taxable year as
exceeds $3,000, or
``(ii) in the case of a taxpayer with 3 or more qualifying
children (as defined in section 24(c)), the excess (if any)
of--
``(I) the taxpayer's social security taxes for the taxable
year, over
``(II) the credit allowed under section 32 for the taxable
year.
``(3) Additional rules.--The amount of the credit allowed
under this subsection shall not be treated as a credit
allowed under this subpart and shall reduce the amount of
credit otherwise allowable under subsection (a) without
regard to section 26(a). For purposes of subparagraph (B) of
paragraph (2), any amount excluded from gross income by
reason of section 112 shall be treated as earned income which
is taken into account in computing taxable income for the
taxable year.
``(4) Social security taxes.--For purposes of this
subsection, the term `social security taxes' has the same
meaning given such term under section 24(d)(2).
``(5) Exception for taxpayers excluding foreign earned
income.--This subsection shall not apply to any taxpayer for
any taxable year if such taxpayer elects to exclude any
amount from gross income under section 911 for such taxable
year.''.
(2) Conforming amendment.--Section 23(c)(1) is amended by
inserting ``(after the application of subsection (j))'' after
``for any taxable year''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5334. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. TEMPORARY EXEMPTIONS FROM FDA INFANT FORMULA
REQUIREMENTS.
(a) In General.--With respect to any infant formula
described in subsection (e) and introduced or delivered for
introduction into interstate commerce during the 187-day
period beginning on the date of the enactment of this Act--
(1) the requirements under section 412 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350a) shall not apply;
(2) such infant formula may be manufactured, processed,
packed, or held in a domestic or foreign facility that is not
registered under section 415 of such Act (21 U.S.C. 350d);
(3) the requirements under parts 106 and 107 of title 21,
Code of Federal Regulations, shall not apply; and
(4) such infant formula shall not be considered to be
misbranded or adulterated solely on the basis of not being in
compliance with the requirements of such section 412 or 415,
or such part 106 or 107.
(b) Notification Requirement.--
(1) In general.--A person who introduces or delivers for
introduction into interstate commerce an infant formula as
described in subsection (a) shall notify the Secretary of
Health and Human Services (referred to in this subsection as
the ``Secretary'') if such person has knowledge which
reasonably supports the conclusion that such infant formula--
(A) may not provide the nutrients required by section
412(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
350a(i)); or
(B) is a product that meets any criterion under section
402(a) of such Act (21 U.S.C. 342(a)), or which otherwise may
be unsafe for infant consumption.
(2) Knowledge defined.--For purposes of paragraph (1), the
term ``knowledge'' as applied to a person subject to such
subparagraph means--
(A) the actual knowledge that the manufacturer had; or
(B) the knowledge which a reasonable person would have had
under like circumstances or which would have been obtained
upon the exercise of due care.
(c) Recall Authority.--If the Secretary determines that
infant formula described in subsection (e) and introduced or
delivered for introduction into interstate commerce is a
product described in subsection (b)(1)(B), the manufacturer
or importer shall immediately take all actions necessary to
recall shipments of such infant formula from all wholesale
and retail establishments, consistent with recall regulations
and guidelines issued by the Secretary.
(d) Clarification.--Section 801(j) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(j)) shall apply with
respect to any infant formula introduced or delivered for
introduction into interstate commerce pursuant to this
section during the 187-day period beginning on the date of
the enactment of this Act.
(e) Infant Formula Described.--Infant formula is described
in this subsection if the infant formula--
(1) is classified under heading 1901.10 of the Harmonized
Tariff Schedule of the United States;
(2) was approved by the agency of the government of that
country that regulates infant formula; and
(3) is imported from--
(A) Australia;
(B) Israel;
(C) Japan;
(D) New Zealand;
(E) Switzerland;
(F) South Africa;
(G) the United Kingdom;
(H) a member country of the European Union; or
(I) a member country of the European Economic Area.
______
SA 5335. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title VII, add the following:
SEC. 70008. OFFICE OF FEDERAL REGULATORY RELIEF.
(a) Establishment.--There is established within the Office
of Information and Regulatory Affairs within the Office of
Management and Budget an Office of Federal Regulatory Relief.
(b) Director.--
(1) In general.--The Office shall be headed by a Director,
who shall be the Administrator or a designee thereof, who
shall--
(A) be responsible for--
(i) establishing a regulatory sandbox program described in
section 70009;
(ii) receiving Program applications and ensuring those
applications are complete;
(iii) referring complete Program applications to the
applicable agencies;
(iv) filing final Program application decisions from the
applicable agencies;
(v) hearing appeals from applicants if their applications
are denied by an applicable agency in accordance with section
70009(c)(6); and
(vi) designating staff to the Office as needed; and
[[Page S4318]]
(B) not later than 180 days after the date of enactment of
this Act--
(i) establish a process that is used to assess likely
health and safety risks, risks that are likely to cause
economic damage, and the likelihood for unfair or deceptive
practices to be committed against consumers related to
applications submitted for the Program, which shall be--
(I) published in the Federal Register and made publicly
available with a detailed list of the criteria used to make
such determinations; and
(II) subject to public comment before final publication in
the Federal Register; and
(ii) establish the application process described in section
70009(c)(1).
(2) Advisory boards.--
(A) Establishment.--The Director shall require the head of
each agency to establish an advisory board, which shall--
(i) be composed of 10 private sector representatives
appointed by the head of the agency--
(I) with expertise in matters under the jurisdiction of the
agency, with not more than 5 representatives from the same
political party;
(II) who shall serve for a period of not more than 3 years;
and
(III) who shall not receive any compensation for
participation on the advisory board; and
(ii) be responsible for providing input to the head of the
agency for each Program application received by the agency.
(B) Vacancy.--A vacancy on an advisory board established
under subparagraph (A), including a temporary vacancy due to
a recusal under subparagraph (C)(ii), shall be filled in the
same manner as the original appointment with an individual
who meets the qualifications described in subparagraph
(A)(i)(I).
(C) Conflict of interest.--
(i) In general.--If a member of an advisory board
established under subparagraph (A) is also the member of the
board of an applicant that submits an application under
review by the advisory board, the head of the agency or a
designee thereof may appoint a temporary replacement for that
member.
(ii) Financial interest.--Each member of an advisory board
established under subparagraph (A) shall recuse themselves
from advising on an application submitted under the Program
for which the member has a conflict of interest as described
in section 208 of title 18, United States Code.
(D) Small business concerns.--Not less than 5 of the
members of each advisory board established under subparagraph
(A) shall be representatives of a small business concern, as
defined in section 3 of the Small Business Act (15 U.S.C.
632).
(E) Rule of construction.--Nothing in this section shall be
construed to prevent an agency from establishing additional
advisory boards as needed to assist in reviewing Program
applications that involve multiple or unique industries.
SEC. 70009. REGULATORY SANDBOX PROGRAM.
(a) In General.--The Director shall establish a regulatory
sandbox program under which applicable agencies shall grant
or deny waivers of covered provisions to temporarily test
products or services on a limited basis, or undertake a
project to expand or grow business facilities consistent with
the purpose described in subsection (b), without otherwise
being licensed or authorized to do so under that covered
provision.
(b) Purpose.--The purpose of the Program is to incentivize
the success of current or new businesses, the expansion of
economic opportunities, the creation of jobs, and the
fostering of innovation.
(c) Application Process for Waivers.--
(1) In general.--The Office shall establish an application
process for the waiver of covered provisions, which shall
require that an application shall--
(A) confirm that the applicant--
(i) is subject to the jurisdiction of the Federal
Government; and
(ii) has established or plans to establish a business that
is incorporated or has a principal place of business in the
United States from which their goods or services are offered
from and their required documents and data are maintained;
(B) include relevant personal information such as the legal
name, address, telephone number, email address, and website
address of the applicant;
(C) disclose any criminal conviction of the applicant or
other participating persons, if applicable;
(D) contain a description of the good, service, or project
to be offered by the applicant for which the applicant is
requesting waiver of a covered provision by the Office under
the Program, including--
(i) how the applicant is subject to licensing,
prohibitions, or other authorization requirements outside of
the Program;
(ii) each covered provision that the applicant seeks to
have waived during participation in the Program;
(iii) how the good, service, or project would benefit
consumers;
(iv) what likely risks the participation of the applicant
in the Program may pose, and how the applicant intends to
reasonably mitigate those risks;
(v) how participation in the Program would render the
offering of the good, service, or project successful;
(vi) a description of the plan and estimated time periods
for the beginning and end of the offering of the good,
service, or project under the Program;
(vii) a recognition that the applicant will be subject to
all laws and rules after the conclusion of the offering of
the good, service, or project under the Program;
(viii) how the applicant will end the demonstration of the
offering of the good, service, or project under the Program;
(ix) how the applicant will repair harm to consumers if the
offering of the good, service, or project under the Program
fails; and
(x) a list of each agency that regulates the business of
the applicant; and
(E) include any other information as required by the
Office.
(2) Assistance.--The Office may, upon request, provide
assistance to an applicant to complete the application
process for a waiver under the Program, including by
providing the likely covered provisions that could be
eligible for such a waiver.
(3) Agency review.--
(A) Transmission.--Not later than 14 days after the date on
which the Office receives an application under paragraph (1),
the Office shall submit a copy of the application to each
applicable agency.
(B) Review.--The head of an applicable agency, or a
designee thereof, shall review a Program application received
under subparagraph (A) with input from the advisory board
established under section 70008(b)(2).
(C) Considerations.--In reviewing a copy of an application
submitted to an applicable agency under subparagraph (A), the
head of the applicable agency, or a designee thereof, with
input from the advisory board of the applicable agency
established under section 70008(b)(2), shall consider
whether--
(i) the plan of the applicant to deploy their offering will
adequately protect consumers from harm;
(ii) the likely health and safety risks, risks that are
likely to cause economic damage, and the likelihood for
unfair or deceptive practices to be committed against
consumers are outweighed by the potential benefits to
consumers from the offering of the applicant; and
(iii) it is possible to provide the applicant a waiver even
if the Office does not waive every covered provision
requested by the applicant.
(D) Final decision.--
(i) In general.--Subject to clause (ii), the head of an
applicable agency, or a designee thereof, who receives a copy
of an application under subparagraph (A) shall, with the
consideration of the recommendations of the advisory board of
the applicable agency established under section 70008(b)(2),
make the final decision to grant or deny the application.
(ii) In part approval.--
(I) In general.--If more than 1 applicable agency receives
a copy of an application under subparagraph (A)--
(aa) the head of each applicable agency (or their
designees), with input from the advisory board of the
applicable agency established under section 70008(b)(2),
shall grant or deny the waiver of the covered provisions over
which the applicable agency has jurisdiction for enforcement
or implementation; and
(bb) if each applicable agency that receives an application
under subparagraph (A) grants the waiver under item (aa), the
Director shall grant the entire application.
(II) In part approval by director.--If an applicable agency
denies part of an application under subclause (I) but another
applicable agency grants part of the application, the
Director shall approve the application in part and specify in
the final decision which covered provisions are waived.
(E) Record of decision.--
(i) In general.--Not later than 180 days after receiving a
copy of an application under subparagraph (A), an applicable
agency shall approve or deny the application and submit to
the Director a record of the decision, which shall include a
description of each likely health and safety risk, each risk
that is likely to cause economic damage, and the likelihood
for unfair or deceptive practices to be committed against
consumers that the covered provision the applicant is seeking
to have waived protects against, and--
(I) if the application is approved, a description of how
the identifiable, significant harms will be mitigated and how
consumers will be protected under the waiver;
(II) if the applicable agency denies the waiver, a
description of the reasons for the decision, including why a
waiver would likely cause health and safety risks, likely
cause economic damage, and increase the likelihood for unfair
or deceptive practices to be committed against consumers, and
the likelihood of such risks occurring, as well as reasons
why the application cannot be approved in part or reformed to
mitigate such risks; and
(III) if the applicable agency determines that a waiver
would likely cause health and safety risks, likely cause
economic damage, and there is likelihood for unfair or
deceptive practices to be committed against consumers as a
result of the covered provision that an applicant is
requesting to have waived, but the applicable agency
determines such risks can be protected through less
restrictive means than denying the application, the
applicable agency shall provide a recommendation of how that
can be achieved.
(ii) No record submitted.--If the applicable agency does
not submit a record of the decision with respect to an
application for a waiver submitted to the applicable agency,
[[Page S4319]]
the Office shall assume that the applicable agency does not
object to the granting of the waiver.
(iii) Extension.--The applicable agency may request one 30-
day extension of the deadline for a record of decision under
clause (i).
(iv) Expedited review.--If the applicable agency provides a
recommendation described in clause (i)(III), the Office shall
provide the applicant with a 60-day period to make necessary
changes to the application, and the applicant may resubmit
the application to the applicable agency for expedited review
over a period of not more than 60 days.
(4) Nondiscrimination.--In considering an application for a
waiver, an applicable agency shall not unreasonably
discriminate among applications under the Program or resort
to any unfair or unjust discrimination for any reason.
(5) Rescission; fee.--
(A) Rescission.--There is hereby rescinded $100,000,000
from amounts appropriated under section 70002.
(B) Application fee.--The Office may collect an application
fee from each applicant under the Program, which--
(i) shall be in a fair amount and reflect the cost of the
service provided;
(ii) shall be deposited in the general fund of the Treasury
and allocated to the Office, subject to appropriations; and
(iii) shall not be increased more frequently than once
every 2 years.
(6) Written agreement.--If each applicable agency grants a
waiver requested in an application submitted under paragraph
(1), the waiver shall not be effective until the applicant
enters into a written agreement with the Office that
describes each covered provision that is waived under the
Program.
(7) Limitation.--An applicable agency may not waive under
the Program any tax, fee, or charge imposed by the Federal
Government.
(8) Appeals.--
(A) In general.--If an applicable agency denies an
application under paragraph (3)(E), the applicant may submit
to the Office one appeal for reconsideration, which shall--
(i) address the comments of the applicable agency that
resulted in denial of the application; and
(ii) include how the applicant plans to mitigate the likely
risks identified by the applicable agency.
(B) Office response.--Not later than 60 days after
receiving an appeal under subparagraph (A), the Director
shall--
(i) determine whether the appeal sufficiently addresses the
concerns of the applicable agency; and
(ii)(I) if the Director determines that the appeal
sufficiently addresses the concerns of the applicable agency,
file a record of decision detailing how the concerns have
been remedied and approve the application; or
(II) if the Director determines that the appeal does not
sufficiently address the concerns of the applicable agency,
file a record of decision detailing how the concerns have not
been remedied and deny the application.
(9) Nondiscrimination.--The Office shall not unreasonably
discriminate among applications under the Program or resort
to any unfair or unjust discrimination for any reason in the
implementation of the Program.
(10) Judicial review.--
(A) Record of decision.--A record of decision described in
paragraph (3)(E) or (8)(B) shall be considered a final agency
action for purposes of review under section 704 of title 5,
United States Code.
(B) Limitation.--A reviewing court considering claims made
against a final agency action under this section shall be
limited to whether the agency acted in accordance with the
requirements set forth under this section.
(C) Right to judicial review.--Nothing in this paragraph
shall be construed to establish a right to judicial review
under this section.
(d) Period of Waiver.--
(1) Initial period.--Except as provided in this subsection,
a waiver granted under the Program shall be for a term of 2
years.
(2) Continuance.--The Office may continue a waiver granted
under the Program for a maximum of 4 additional periods of 2
years as determined by the Office.
(3) Notification.--Not later than 30 days before the end of
an initial waiver period under paragraph (1), an entity that
is granted a waiver under the Program shall notify the Office
if the entity intends to seek a continuance under paragraph
(2).
(4) Revocation.--
(A) Significant harm.--If the Office determines that an
entity that was granted a waiver under the Program is causing
significant harm to the health or safety of the public,
inflicting severe economic damage on the public, or engaging
in unfair or deceptive practices, the Office may immediately
end the participation of the entity in the Program by
revoking the waiver.
(B) Compliance.--If the Office determines that an entity
that was granted a waiver under the Program is not in
compliance with the terms of the Program, the Office shall
give the entity 30 days to correct the action, and if the
entity does not correct the action by the end of the 30-day
period, the Office may end the participation of the entity in
the Program by revoking the waiver.
(e) Terms.--An entity for which a waiver is granted under
the Program shall be subject to the following terms:
(1) A covered provision may not be waived if the waiver
would prevent a consumer from seeking actual damages or an
equitable remedy in the event that a consumer is harmed.
(2) While a waiver is in use, the entity shall not be
subject to the criminal or civil enforcement of a covered
provision identified in the waiver.
(3) An agency may not file or pursue any punitive action
against a participant during the period for which the waiver
is in effect, including a fine or license suspension or
revocation for the violation of a covered provision
identified in the waiver.
(4) The entity shall not have immunity related to any
criminal offense committed during the period for which the
waiver is in effect.
(5) The Federal Government shall not be responsible for any
business losses or the recouping of application fees if the
waiver is denied or the waiver is revoked at any time.
(f) Consumer Protection.--
(1) In general.--Before distributing an offering to
consumers under a waiver granted under the Program, and
throughout the duration of the waiver, an entity shall
publicly disclose the following to consumers:
(A) The name and contact information of the entity.
(B) That the entity has been granted a waiver under the
Program, and if applicable, that the entity does not have a
license or other authorization to provide an offering under
covered provisions outside of the waiver.
(C) If applicable, that the offering is undergoing testing
and may not function as intended and may expose the consumer
to certain risks as identified in the record of decision of
the applicable agency submitted under section 70009(c)(3)(E).
(D) That the entity is not immune from civil liability for
any losses or damages caused by the offering.
(E) That the entity is not immune from criminal prosecution
for violation of covered provisions that are not suspended
under the waiver.
(F) That the offering is a temporary demonstration and may
be discontinued at the end of the initial period under
subsection (d)(1).
(G) The expected commencement date of the initial period
under subsection (d)(1).
(H) The contact information of the Office and that the
consumer may contact the Office and file a complaint.
(2) Online offering.--With respect to an offering provided
over the internet under the Program, the consumer shall
acknowledge receipt of the disclosures required under
paragraph (1) before any transaction is completed.
(g) Record Keeping.--
(1) In general.--An entity that is granted a waiver under
this section shall retain records, documents, and data
produced that is directly related to the participation of the
entity in the Program.
(2) Notification before ending offering.--If an applicant
decides to end their offering before the initial period ends
under subsection (d)(1), the applicant shall submit to the
Office and the applicable agency a report on actions taken to
ensure consumers have not been harmed as a result.
(3) Request for documents.--The Office may request records,
documents, and data from an entity that is granted a waiver
under this section that is directly related to the
participation of the entity in the Program, and upon the
request, the applicant shall make such records, documents,
and data available for inspection by the Office.
(4) Notification of incidents.--An entity that is granted a
waiver under this section shall notify the Office and any
applicable agency of any incident that results in harm to the
health or safety of consumers, severe economic damage, or an
unfair or deceptive practice under the Program not later than
72 hours after the incident occurs.
(h) Reports.--
(1) Entities granted a waiver.--
(A) In general.--Any entity that is granted a waiver under
this section shall submit to the Office reports that
include--
(i) how many consumers are participating in the good,
service, or project offered by the entity under the Program;
(ii) an assessment of the likely risks and how mitigation
is taking place;
(iii) any previously unrealized risks that have manifested;
and
(iv) a description of any adverse incidents and the ensuing
process taken to repair any harm done to consumers.
(B) Timing.--An entity shall submit a report required under
subparagraph (A)--
(i) 10 days after 30 days elapses from commencement of the
period for which a waiver is granted under the Program;
(ii) 30 days after the halfway mark of the period described
in clause (i); and
(iii) 30 days before the expiration of the period described
in subsection (d)(1).
(2) Annual report by director.--The Director shall submit
to Congress an annual report on the Program, which shall
include, for the year covered by the report--
(A) the number of applications approved;
(B) the name and description of each entity that was
granted a waiver under the Program;
(C) any benefits realized to the public from the Program;
and
(D) any harms realized to the public from the Program.
(i) Special Message to Congress.--
(1) Definition.--In this subsection, the term ``covered
resolution'' means a joint resolution--
[[Page S4320]]
(A) the matter after the resolving clause of which contains
only--
(i) a list of some or all of the covered provisions that
were recommended for repeal under paragraph (2)(A)(ii) in a
special message submitted to Congress under that paragraph;
and
(ii) a provision that immediately repeals the listed
covered provisions described in paragraph (2)(A)(ii) upon
enactment of the joint resolution; and
(B) upon which Congress completes action before the end of
the first period of 60 calendar days after the date on which
the special message described in subparagraph (A)(i) of this
paragraph is received by Congress.
(2) Submission.--
(A) In general.--Not later than the first day on which both
Houses of Congress are in session after May 1 of each year,
the Director shall submit to Congress a special message
that--
(i) details each covered provision that the Office
recommends should be amended or repealed as a result of
entities being able to operate safely without those covered
provisions during the Program;
(ii) lists any covered provision that should be repealed as
a result of having been waived for a period of not less than
6 years during the Program; and
(iii) explains why each covered provision described in
clauses (i) and (ii) should be amended or repealed.
(B) Delivery to house and senate; printing.--Each special
message submitted under subparagraph (A) shall be--
(i) delivered to the Clerk of the House of Representatives
and the Secretary of the Senate; and
(ii) printed in the Congressional Record.
(3) Procedure in house and senate.--
(A) Referral.--A covered resolution shall be referred to
the appropriate committee of the House of Representatives or
the Senate, as the case may be.
(B) Discharge of committee.--If the committee to which a
covered resolution has been referred has not reported the
resolution at the end of 25 calendar days after the
introduction of the resolution--
(i) the committee shall be discharged from further
consideration of the resolution; and
(ii) the resolution shall be placed on the appropriate
calendar.
(4) Floor consideration in the house.--
(A) Motion to proceed.--
(i) In general.--When the committee of the House of
Representatives has reported, or has been discharged from
further consideration of, a covered resolution, it shall at
any time thereafter be in order (even though a previous
motion to the same effect has been disagreed to) to move to
proceed to the consideration of the resolution.
(ii) Privilege.--A motion described in clause (i) shall be
highly privileged and not debatable.
(iii) No amendment or motion to reconsider.--An amendment
to a motion described in clause (i) shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(B) Debate.--
(i) In general.--Debate in the House of Representatives on
a covered resolution shall be limited to not more than 2
hours, which shall be divided equally between those favoring
and those opposing the resolution.
(ii) No motion to reconsider.--It shall not be in order in
the House of Representatives to move to reconsider the vote
by which a covered resolution is agreed to or disagreed to.
(C) No motion to postpone consideration or proceed to
consideration of other business.--In the House of
Representatives, motions to postpone, made with respect to
the consideration of a covered resolution, and motions to
proceed to the consideration of other business, shall not be
in order.
(D) Appeals from decisions of chair.--An appeal from the
decision of the Chair relating to the application of the
Rules of the House of Representatives to the procedure
relating to a covered resolution shall be decided without
debate.
(5) Floor consideration in the senate.--
(A) Motion to proceed.--
(i) In general.--Notwithstanding Rule XXII of the Standing
Rules of the Senate, when the committee of the Senate to
which a covered resolution is referred has reported, or has
been discharged from further consideration of, a covered
resolution, it shall at any time thereafter be in order (even
though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
resolution and all points of order against the covered
resolution are waived.
(ii) Division of time.--A motion to proceed described in
clause (i) is subject to 4 hours of debate divided equally
between those favoring and those opposing the covered
resolution.
(iii) No amendment or motion to postpone or proceed to
other business.--A motion to proceed described in clause (i)
is not subject to--
(I) amendment;
(II) a motion to postpone; or
(III) a motion to proceed to the consideration of other
business.
(B) Floor consideration.--
(i) General.--In the Senate, a covered resolution shall be
subject to 10 hours of debate divided equally between those
favoring and those opposing the covered resolution.
(ii) Amendments.--In the Senate, no amendment to a covered
resolution shall be in order, except an amendment that
strikes from or adds to the list required under paragraph
(1)(A)(i) a covered provision recommended for amendment or
repeal by the Office.
(iii) Motions and appeals.--In the Senate, a motion to
reconsider a vote on final passage of a covered resolution
shall not be in order, and points of order, including
questions of relevancy, and appeals from the decision of the
Presiding Officer, shall be decided without debate.
(6) Receipt of resolution from other house.--If, before
passing a covered resolution, one House receives from the
other a covered resolution--
(A) the covered resolution of the other House shall not be
referred to a committee and shall be deemed to have been
discharged from committee on the day on which it is received;
and
(B) the procedures set forth in paragraph (4) or (5), as
applicable, shall apply in the receiving House to the covered
resolution received from the other House to the same extent
as those procedures apply to a covered resolution of the
receiving House.
(7) Rules of the house of representatives and the senate.--
Paragraphs (3) through (7) are enacted by Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedures to be followed
in the House in the case of covered resolutions, and
supersede other rules only to the extent that they are
inconsistent with such other rules; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
(j) Rule of Construction.--Nothing in this section shall be
construed to--
(1) require an entity that is granted a waiver under this
section to publicly disclose proprietary information,
including trade secrets or commercial or financial
information that is privileged or confidential; or
(2) affect any other provision of law or regulation
applicable to an entity that is not included in a waiver
provided under this section.
(k) Direct Appropriations.--There is appropriated to the
Office for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $100,000,000, to remain available
through September 30, 2031, to carry out the Program.
SEC. 70010. DEFINITIONS.
In sections 70008 and 70009:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Information and Regulatory
Affairs.
(2) Agency; rule.--The terms ``agency'' and ``rule'' have
the meanings given those terms in section 551 of title 5,
United States Code.
(3) Applicable agency.--The term ``applicable agency''
means an agency that has jurisdiction over the enforcement or
implementation covered provision for which an applicant is
seeking a waiver under the Program.
(4) Covered provision.--The term ``covered provision''
means--
(A) a rule, including a rule required to be issued under
law; or
(B) guidance or any other document issued by an agency.
(5) Director.--The term ``Director'' means the Director of
the Office.
(6) Economic damage.--The term ``economic damage'' means a
risk that is likely to cause tangible, physical harm to the
property or assets of consumers.
(7) Health or safety.--The term ``health or safety'', with
respect to a risk, means the risk is likely to cause bodily
harm to a human life, loss of human life, or an inability to
sustain the health or life of a human being.
(8) Office.--The term ``Office'' means the Office of
Federal Regulatory Relief established under section 70008(a).
(9) Program.--The term ``Program'' means the program
established under section 70009(a).
(10) Unfair or deceptive trade practice.--The term ``unfair
or deceptive trade practice'' has the meaning given the term
in--
(A) the Policy Statement of the Federal Trade Commission on
Deception, issued on October 14, 1983; and
(B) the Policy Statement of the Federal Trade Commission on
Unfairness, issued on December 17, 1980.
______
SA 5336. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of title IV, add the following:
SEC. 40008. ACTIONS BY NATIONAL MARINE FISHERIES SERVICE TO
INCREASE ENERGY PRODUCTION.
(a) In General.--The National Marine Fisheries Service
shall--
(1) immediately upon the enactment of this Act, take action
to address the outstanding backlog of letters of
authorization from Federal oil and gas lessees to develop
their Federal leases;
(2) not later than 45 days after such date of enactment,
issue an interim rule that allows
[[Page S4321]]
the Service to approve outstanding and future applications
for letters of authorization consistent with the Service's
permitting activities that existed before the issuance, on
January 21, 2021, of the final rule relating to taking marine
mammals incidental to geophysical surveys related to oil and
gas activities in the Gulf of Mexico (86 Fed. Reg. 5322); and
(3) on and after such date of enactment, prioritize the
consideration of applications for letters of authorization
that would likely lead to immediate energy production.
(b) Funding.--Of amounts appropriated by section 40001,
there are available to the Administrator of the National
Oceanic and Atmospheric Administration such amounts as are
necessary to carry out subsection (a).
______
SA 5337. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In section 40003, strike the period at the end and insert
``, with the goal of completing all of the permitting and
approval processes for each proposed action not later than
two years after commencement.''.
______
SA 5338. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 50302, insert ``that are completed not later
than 2 years after commencement'' before the period at the
end.
______
SA 5339. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 729, line 22, strike ``timely'' and insert
``expedited''.
______
SA 5340. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 718, strike lines 20 through 23 and insert the
following:
collection systems;
(3) to support efforts to ensure that any mapping or
screening tool is accessible to community-based organizations
and community members; and
(4) to collect and make publicly available information
relating to the impacts of the process required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) across Federal agencies, including--
(A)(i) the number of proposed actions for which a Federal
agency issued a categorical exclusion in the year preceding
the date of enactment of this Act; and
(ii) the length of time that the Federal agency took to
issue each such categorical exclusion;
(B) the number of actions proposed by a Federal agency that
are pending as of the date on which the information required
under this paragraph is published and for which issuance of a
categorical exclusion is pending;
(C)(i) the number of proposed actions for which a Federal
agency issued an environmental assessment in the year
preceding the date of enactment of this Act; and
(ii) the length of time that the Federal agency took to
complete each such environmental assessment;
(D) the number of actions proposed by a Federal agency that
are pending as of the date on which the information required
under this paragraph is published and for which issuance of
an environmental assessment is pending;
(E)(i) the number of proposed actions for which a Federal
agency issued an environmental impact statement in the year
preceding the date of enactment of this Act; and
(ii) the length of time that the Federal agency took to
complete each such environmental impact statement;
(F) the number of actions proposed by a Federal agency that
are pending as of the date on which the information required
under this paragraph is published and for which issuance of
an environmental impact statement is pending; and
(G) the comprehensive costs of the process required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) for each action proposed by a Federal agency within
the year preceding the date of enactment of this Act,
including--
(i) the amount of money expended, as of the date of
enactment of this Act, to carry out that process for each
proposed action; and
(ii) an estimate of the remaining cost to complete each
proposed action.
______
SA 5341. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 50301, insert ``that are completed not later
than 2 years after commencement'' before the period at the
end.
______
SA 5342. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 70001 and insert the following:
SEC. 70001. DHS OFFICE OF CHIEF READINESS SUPPORT OFFICER.
In addition to the amounts otherwise available, there is
appropriated to the Secretary of Homeland Security for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $400,000,000, to remain available until
September 30, 2028, for the Office of the Chief Readiness
Support Officer to carry out sustainability and environmental
programs.
SEC. 70002. REGULATORY OVERSIGHT AND REVIEW TASK FORCE.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Office of Management
and Budget for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000 to remain
available through September 30, 2031, for--
(1) the establishment of a task force to be known as the
``Regulatory Oversight and Review Task Force'' (referred to
in this section as the ``Task Force'') described in
subsection (b)(6)(A);
(2) the creation of a website described in subsection
(b)(6)(B);
(3) the solicitation, collection, and publication of
recommendations described in subsection (b)(6)(C); and
(4) reports to Congress on the findings of the Task Force
described in subsection (b)(6)(D).
(b) Task Force.--
(1) Membership.--The Task Force shall be composed of--
(A) the Director of the Office of Management and Budget,
who shall serve as the Chairperson of the Task Force and
shall be a non-voting, ex officio member of the Task Force;
(B) 1 representative of the Office of Information and
Regulatory Affairs, who shall be a non-voting, ex officio
member of the Task Force; and
(C) 16 individuals from the private sector, of whom--
(i) 4 shall be appointed by the majority leader of the
Senate;
(ii) 4 shall be appointed by the minority leader of the
Senate;
(iii) 4 shall be appointed by the Speaker of the House of
Representatives; and
(iv) 4 shall be appointed by the minority leader of the
House of Representatives.
(2) Qualifications of private sector members.--
(A) Expertise.--Each member of the Task Force appointed
under paragraph (1)(C) shall be an individual with expertise
in Federal regulatory policy, Federal regulatory compliance,
economics, law, or business management.
(B) Small business concerns.--Not fewer than 2 of the
members of the Task Force appointed under each clause of
paragraph (1)(C) shall be representatives of a small business
concern, as defined in section 3 of the Small Business Act
(15 U.S.C. 632).
(C) Political affiliation.--Not more than 2 of the members
of the Task Force appointed under each clause of paragraph
(1)(C) may be affiliated with the same political party.
(3) Consultation with gao.--In carrying out its functions
under this section, the Task Force shall consult with the
Government Accountability Office.
(4) No compensation.--A member of the Task Force may not
receive any compensation for serving on the Task Force.
(5) Staff.--
(A) Designation of existing staff.--The Director of the
Office of Management and Budget may designate employees of
the Office of Management and Budget, including employees of
the Office of Information and Regulatory Affairs, as
necessary to help the Task Force carry out its duties under
this section.
(B) Rule of construction.--Nothing in subparagraph (A)
shall be construed to authorize the provision of any
additional compensation to an employee designated under that
subparagraph.
(6) Responsibilities.--The Task Force shall--
(A) evaluate, and provide recommendations for modification,
consolidation, harmonization, or repeal of, Federal
regulations or guidance that--
(i) exclude or otherwise inhibit competition, causing
industries of the United States to be less competitive with
global competitors;
(ii) create barriers to entry for United States businesses,
including entrepreneurs and startups;
(iii) increase the operating costs for domestic
manufacturing;
(iv) impose substantial compliance costs and other burdens
on industries of the United States, making those industries
less competitive with global competitors;
[[Page S4322]]
(v) impose burdensome and lengthy permitting processes and
requirements;
(vi) impact energy production by United States businesses
and make the United States dependent on foreign countries for
energy supply;
(vii) restrict domestic mining, including the mining of
critical minerals; or
(viii) inhibit capital formation in the economy of the
United States;
(B) establish and maintain a user-friendly, public-facing
website to be--
(i) a portal for the submission of written comments under
subparagraph (C); and
(ii) a gateway for reports and key information;
(C)(i) not later than 15 days after the first meeting of
the Task Force, initiate a process to solicit and collect
written recommendations regarding regulations or guidance
described in subparagraph (A) from the general public,
interested parties, Federal agencies, and other relevant
entities;
(ii) allow written recommendations under clause (i) to be
submitted through--
(I) the website of the Task Force;
(II) regulations.gov;
(III) the mail; or
(IV) other appropriate written means;
(iii) publish each recommendation submitted under clause
(i)--
(I) in the Federal Register;
(II) on the website of the Task Force; and
(III) on regulations.gov;
(iv) in addition to soliciting and collecting written
recommendations under clause (i), conduct public outreach and
convene focus groups in geographically diverse areas
throughout the United States to solicit feedback and public
comments regarding regulations or guidance described in
subparagraph (A); and
(v) review the information received under clauses (i) and
(iv) and consider including that information in the reports
required under subparagraph (D); and
(D) submit quarterly and annual reports to Congress on the
findings of the Task Force under this section that, subject
to clause (iii) of this subparagraph--
(i) analyze the Federal regulations or guidance identified
in accordance with subparagraph (A);
(ii) provide recommendations for modifications,
consolidation, harmonization, and repeal of the regulations
or guidance described in clause (i) of this subparagraph; and
(iii) only include a finding or recommendation if a
majority of the members of the Task Force have approved the
finding or recommendation.
(c) Duty of Federal Agencies.--Upon request of the Task
Force, a Federal agency shall provide applicable documents
and information to help the Task Force carry out its
functions under this section.
______
SA 5343. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. SPECIAL DEPRECIATION ALLOWANCE FOR QUALIFIED
MANUFACTURING PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(n) Special Allowance for Qualified Manufacturing
Property.--
``(1) In general.--In the case of any qualified
manufacturing property--
``(A) the depreciation deduction provided by section 167(a)
for the taxable year in which such property is placed in
service shall include an allowance equal to 100 percent of
the adjusted basis of such property, and
``(B) the adjusted basis of such property shall be reduced
by the amount of such deduction before computing the amount
otherwise allowable as a depreciation deduction under this
chapter for such taxable year and any subsequent taxable
year.
``(2) Qualified manufacturing property.--For purposes of
this subsection--
``(A) In general.--The term `qualified manufacturing
property' means any property--
``(i) which is tangible property,
``(ii) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable,
``(iii) which is--
``(I) constructed, reconstructed, or erected by the
taxpayer, or
``(II) acquired by the taxpayer if the original use of such
property commences with the taxpayer,
``(iv) which is integral to the operation of the
manufacturing facility (as defined in section 144(a)(12)),
and
``(v) the construction of which begins before January 1,
2028.
``(B) Buildings and structural components.--
``(i) In general.--The term `qualified manufacturing
property' includes any building or its structural components
which otherwise satisfy the requirements under subparagraph
(A).
``(ii) Exception.--Subclause (I) shall not apply with
respect to a building or portion of a building used for
offices, administrative services, or other functions
unrelated to manufacturing.
``(3) Exceptions.--
``(A) Alternative depreciation property.--Such term shall
not include any property described in subsection (k)(2)(D).
``(B) Tax-exempt bond-financed property.--Such term shall
not include any property any portion of which is financed
with the proceeds of any obligation the interest on which is
exempt from tax under section 103.
``(C) Election out.--If a taxpayer makes an election under
this subparagraph with respect to any class of property for
any taxable year, this subsection shall not apply to all
property in such class placed in service during such taxable
year.
``(4) Special rules.--For purposes of this subsection,
rules similar to the rules of subsection (k)(2)(E) shall
apply.
``(5) Allowance against alternative minimum tax.--For
purposes of this subsection, rules similar to the rules of
subsection (k)(2)(G) shall apply.
``(6) Recapture.--For purposes of this subsection, rules
similar to the rules under section 179(d)(10) shall apply
with respect to any qualified manufacturing property which
ceases to be qualified manufacturing property.''.
(b) Coordination With Other Bonus Depreciation
Provisions.--
(1) Section 168(k)(2) of the Internal Revenue Code of 1986
is amended by adding at the end the following new
subparagraph:
``(I) Coordination with qualified manufacturing property.--
The term `qualified property' shall not include any property
to which subsection (n) applies.''.
(2) Section 168(l)(3) of such Code is amended by adding at
the end the following new subparagraph:
``(E) Coordination with qualified manufacturing property.--
The term `qualified second generation biofuel plant
property'shall not include any property to which subsection
(n) applies.''.
(3) Section 168(m)(2)(B) of such Code is amended by adding
at the end the following new clause:
``(iv) Coordination with qualified manufacturing
property.--The term `qualified reuse and recycling
property'shall not include any property to which subsection
(n) applies.''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
______
SA 5344. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. DUTY-FREE TREATMENT OF CERTAIN CHASSIS.
A finished or unfinished chassis classified under
statistical reporting number 8716.39.0090, 8716.90.5010, or
8716.90.5060 of the Harmonized Tariff Schedule of the United
States and imported from a country with which the United
States has in effect a collective defense arrangement as of
the date of the enactment of this Act shall enter the United
States free of duty on and after that date.
______
SA 5345. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. SPECIAL DEPRECIATION ALLOWANCE FOR QUALIFIED CARGO
HANDLING PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(n) Special Allowance for Qualified Cargo Handling
Property.--
``(1) In general.--In the case of any qualified cargo
handling property--
``(A) the depreciation deduction provided by section 167(a)
for the taxable year in which such property is placed in
service shall include an allowance equal to 100 percent of
the adjusted basis of such property, and
``(B) the adjusted basis of such property shall be reduced
by the amount of such deduction before computing the amount
otherwise allowable as a depreciation deduction under this
chapter for such taxable year and any subsequent taxable
year.
``(2) Qualified cargo handling property.--For purposes of
this subsection--
``(A) In general.--The term `qualified cargo handling
property' means any property--
``(i) which is tangible property,
``(ii) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable,
``(iii) which is--
``(I) constructed, reconstructed, or erected by the
taxpayer, or
``(II) acquired by the taxpayer if the original use of such
property commences with the taxpayer,
``(iv) which is--
``(I) used for purposes of cargo handling, and
``(II) remotely operated or remotely monitored (with or
without the exercise of human intervention or control), and
[[Page S4323]]
``(v) the construction of which begins before January 1,
2028.
``(B) Buildings and structural components.--
``(i) In general.--The term `qualified cargo handling
property' includes any building or its structural components
which otherwise satisfy the requirements under subparagraph
(A).
``(ii) Exception.--Subclause (I) shall not apply with
respect to a building or portion of a building used for
offices, administrative services, or other functions
unrelated to cargo handling.
``(3) Exceptions.--
``(A) Alternative depreciation property.--Such term shall
not include any property described in subsection (k)(2)(D).
``(B) Tax-exempt bond-financed property.--Such term shall
not include any property any portion of which is financed
with the proceeds of any obligation the interest on which is
exempt from tax under section 103.
``(C) Election out.--If a taxpayer makes an election under
this subparagraph with respect to any class of property for
any taxable year, this subsection shall not apply to all
property in such class placed in service during such taxable
year.
``(4) Special rules.--For purposes of this subsection,
rules similar to the rules of subsection (k)(2)(E) shall
apply.
``(5) Allowance against alternative minimum tax.--For
purposes of this subsection, rules similar to the rules of
subsection (k)(2)(G) shall apply.
``(6) Recapture.--For purposes of this subsection, rules
similar to the rules under section 179(d)(10) shall apply
with respect to any qualified cargo handling property which
ceases to be qualified cargo handling property.''.
(b) Conforming Amendment.--Section 168(k)(2) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(I) Coordination with qualified cargo handling
property.--The term `qualified property' shall not include
any property to which subsection (n) applies.''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
______
SA 5346. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place in subtitle D of title I, add the
following:
SEC. _____. TAX TREATMENT OF LICENSES FOR THE USE OF THE
ELECTROMAGNETIC SPECTRUM.
(a) In General.--Section 197 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the
following new subsection:
``(g) Temporary Special Rule for Licenses for the Use of
the Electromagnetic Spectrum.--
``(1) In general.--At the election of the taxpayer, in the
case of any license, permit, or other right granted by a
governmental unit or an agency or instrumentality thereof
which is purchased at auction--
``(A) subsection (a) shall not apply, and
``(B) such license, permit, or other right shall be treated
as an amount which is not chargeable to capital account and
shall be allowed as a deduction.
``(2) Termination.--This subsection shall not apply to any
property acquired after September 30, 2031.''.
(b) Effective Date.--The amendments made by this section
shall apply to property acquired after the date of the
enactment of this Act.
______
SA 5347. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REPEAL OF SECTION 466 OF TARIFF ACT OF 1930.
Section 466 of Tariff Act of 1930 (19 U.S.C. 1466) is
repealed.
______
SA 5348. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. COSTS AND FEES OF PARTIES.
(a) Title 5.--Section 504(b)(1)(A) of title 5, United
States Code, is amended by striking ``or a special factor,
such as the limited availability of qualified attorneys or
agents for the proceedings involved,''.
(b) Title 28.--Section 2412(d)(2) of title 28, United
States Code, is amended by striking ``or a special factor,
such as the limited availability of qualified attorneys for
the proceedings involved,''.
______
SA 5349. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In part 4 of subtitle D of title 1, strike all that
precedes section 13403.
______
SA 5350. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Title I is amended by striking subtitles C and D and
inserting the following:
Subtitle C--Other Provisions
PART 1--PERMANENT EXPENSING
SEC. 12101. PERMANENT FULL EXPENSING FOR QUALIFIED PROPERTY.
(a) In General.--Paragraph (6) of section 168(k) is amended
to read as follows:
``(6) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means, in the
case of property placed in service (or, in the case of a
specified plant described in paragraph (5), a plant which is
planted or grafted) after September 27, 2017, 100 percent.''.
(b) Conforming Amendments.--
(1) Section 168(k) is amended--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i)(V), by inserting ``and'' at the end,
(II) in clause (ii), by striking ``clause (ii) of
subparagraph (E), and'' and inserting ``clause (i) of
subparagraph (E).'', and
(III) by striking clause (iii),
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking subclauses (II) and (III), and
(bb) by redesignating subclauses (IV) through (VI) as
subclauses (II) through (IV), respectively,
(II) by striking clause (ii), and
(III) by redesignating clauses (iii) and (iv) as clauses
(ii) and (iii), respectively,
(iii) in subparagraph (C)--
(I) in clause (i), by striking ``and subclauses (II) and
(III) of subparagraph (B)(i)'', and
(II) in clause (ii), by striking ``subparagraph (B)(iii)''
and inserting ``subparagraph (B)(ii)'', and
(iv) in subparagraph (E)--
(I) by striking clause (i), and
(II) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively, and
(B) in paragraph (5)(A), by striking ``planted before
January 1, 2027, or is grafted before such date to a plant
that has already been planted,'' and inserting ``planted or
grafted''.
(2) Section 460(c)(6)(B) of such Code is amended by
striking ``which'' and all that follows through the period
and inserting ``which has a recovery period of 7 years or
less.''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in section 13201 of Public
Law 115-97.
PART 2--SUPERFUND
SEC. 12201. REINSTATEMENT OF SUPERFUND.
(a) Hazardous Substance Superfund Financing Rate.--
(1) Extension.--Section 4611 is amended by striking
subsection (e).
(2) Adjustment for inflation.--
(A) Section 4611(c)(2)(A) is amended by striking ``9.7
cents'' and inserting ``16.4 cents''.
(B) Section 4611(c) is amended by adding at the end the
following:
``(3) Adjustment for inflation.--
``(A) In general.--In the case of a year beginning after
2023, the amount in paragraph (2)(A) shall be increased by an
amount equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $0.01, such amount
shall be rounded to the next lowest multiple of $0.01.''.
(b) Authority for Advances.--Section 9507(d)(3)(B) is
amended by striking ``December 31, 1995'' and inserting
``December 31, 2032''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2023.
PART 3--OTHER PROVISIONS
SEC. 12301. PERMANENT EXTENSION OF TAX RATE TO FUND BLACK
LUNG DISABILITY TRUST FUND.
(a) In General.--Section 4121 is amended by striking
subsection (e).
(b) Effective Date.--The amendment made by this section
shall apply to sales in calendar quarters beginning after the
date of the enactment of this Act.
SEC. 12302. INCREASE IN RESEARCH CREDIT AGAINST PAYROLL TAX
FOR SMALL BUSINESSES.
(a) In General.--Clause (i) of section 41(h)(4)(B) is
amended--
(1) by striking ``Amount.--The amount'' and inserting
``Amount.--
``(I) In general.--The amount'', and
[[Page S4324]]
(2) by adding at the end the following new subclause:
``(II) Increase.--In the case of taxable years beginning
after December 31, 2022, the amount in subclause (I) shall be
increased by $250,000.''.
(b) Allowance of Credit.--
(1) In general.--Paragraph (1) of section 3111(f) is
amended--
(A) by striking ``for a taxable year, there shall be
allowed'' and inserting ``for a taxable year--
``(A) there shall be allowed'',
(B) by striking ``equal to the'' and inserting ``equal to
so much of the'',
(C) by striking the period at the end and inserting ``as
does not exceed the limitation of subclause (I) of section
41(h)(4)(B)(i) (applied without regard to subclause (II)
thereof), and'', and
(D) by adding at the end the following new subparagraph:
``(B) there shall be allowed as a credit against the tax
imposed by subsection (b) for the first calendar quarter
which begins after the date on which the taxpayer files the
return specified in section 41(h)(4)(A)(ii) an amount equal
to so much of the payroll tax credit portion determined under
section 41(h)(2) as is not allowed as a credit under
subparagraph (A).''.
(2) Limitation.--Paragraph (2) of section 3111(f) is
amended--
(A) by striking ``paragraph (1)'' and inserting ``paragraph
(1)(A)'', and
(B) by inserting ``, and the credit allowed by paragraph
(1)(B) shall not exceed the tax imposed by subsection (b) for
any calendar quarter,'' after ``calendar quarter''.
(3) Carryover.--Paragraph (3) of section 3111(f) is amended
by striking ``the credit'' and inserting ``any credit''.
(4) Deduction allowed.--Paragraph (4) of section 3111(f) is
amended--
(A) by striking ``credit'' and inserting ``credits'', and
(B) by striking ``subsection (a)'' and inserting
``subsection (a) or (b)''.
(c) Aggregation Rules.--Clause (ii) of section 41(h)(5)(B)
is amended by striking ``the $250,000 amount'' and inserting
``each of the $250,000 amounts''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5351. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 30002(c)(1), by inserting ``who prohibit from
federally assisted housing any household that includes any
individual who is subject to a lifetime registration
requirement under a State sex offender registration program''
after ``property''.
______
SA 5352. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ____. RESCISSION OF AMERICAN RESCUE PLAN ACT FUNDING.
There is rescinded the unobligated balance of amounts made
available under title III of the American Rescue Plan Act of
2021 (Public Law 117-2; 135 Stat. 53).
______
SA 5353. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 30002(c), strike paragraph (1) and insert the
following:
(1) the term ``eligible recipient'' means any owner or
sponsor of eligible property for whom the community service
requirements under section 12(c) of the United States Housing
Act of 1937 (42 U.S.C. 1437j(c)) shall apply; and
______
SA 5354. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 30002(b) and insert the following:
(b) Loan and Grant Terms and Conditions.--
(1) In general.--Amounts made available under this section
shall be for direct loans, grants, and direct loans that can
be converted to grants to eligible recipients that agree to
an extended period of affordability for the property.
(2) Reporting greenhouse gas emissions.--
(A) Reporting requirement.--A recipient of amounts made
available under this section shall annually report to the
Secretary, until the end of the extended period of
affordability described in paragraph (1), the scope 1
emissions, scope 2 emissions, and scope 3 emissions of the
recipient for the preceding year.
(B) Definitions.--For purposes of this paragraph, with
respect to a recipient of amounts made available under this
section:
(i) Direct greenhouse gas emissions.--The term ``direct
greenhouse gas emissions'' means greenhouse gas emissions
expressed in metric tons of carbon dioxide equivalent from
operations that are owned or controlled by the recipient.
(ii) Greenhouse gas.--The term ``greenhouse gas'' means
carbon dioxide, methane, nitrous oxide, nitrogen trifluoride,
hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride.
(iii) Indirect greenhouse gas emissions.--The term
``indirect greenhouse gas emissions'' means greenhouse gas
emissions expressed in metric tons of carbon dioxide
equivalent that result from the activities of the recipient,
but occur at sources not owned or controlled by the
recipient.
(iv) Scope 1 emissions.--The term ``scope 1 emissions''
means direct greenhouse gas emissions.
(v) Scope 2 emissions.--The term ``scope 2 emissions''
means indirect greenhouse gas emissions from the generation
of purchased or acquired electricity, steam, heat, or cooling
that is consumed by operations owned or controlled by the
recipient.
(vi) Scope 3 emissions.--The term ``scope 3 emissions''
means all indirect greenhouse gas emissions that--
(I) are not scope 2 emissions; and
(II) occur in the upstream activities or downstream
activities of the value chain of the recipient.
______
SA 5355. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 30002(a)(1) and insert the following:
(1) $837,500,000, to remain available until September 30,
2028, for the cost of providing direct loans, and for grants,
as provided for in subsection (b), including to subsidize
gross obligations for the principal amount of direct loans,
not to exceed $4,000,000,000, to fund projects that improve
security, prevent crime, and increase resident safety;
______
SA 5356. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 390, strike lines 1 through 18 and insert the
following:
``(7) Excluded entities.--For purposes of this section, the
term `new clean vehicle' shall not include--
``(A) any vehicle with respect to which any of the
applicable critical minerals contained in the battery of such
vehicle (as described in subsection (e)(1)(A)) were
extracted, processed, or recycled--
``(i) by a foreign entity of concern (as defined in section
40207(a)(5) of the Infrastructure Investment and Jobs Act (42
U.S.C. 18741(a)(5))), or
``(ii) in--
``(I) the People's Republic of China,
``(II) the Russian Federation,
``(III) the Islamic Republic of Iran,
``(IV) the Democratic People's Republic of Korea, or
``(V) the Republic of Belarus, or
``(B) any vehicle with respect to which any of the
components contained in the battery of such vehicle (as
described in subsection (e)(2)(A)) were manufactured or
assembled--
``(i) by a foreign entity of concern (as so defined), or
``(ii) in any nation described in subparagraph (A)(ii).''.
______
SA 5357. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. CVV REQUIREMENT FOR ONLINE CONTRIBUTIONS TO
POLITICAL ORGANIZATIONS.
(a) In General.--Section 527 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(m) CVV Requirement for Online Contributions.--An
organization shall not be treated as an organization
described in this section unless, in the case of any Internet
credit card contribution accepted by such organization, the
individual or entity making such contribution is required, at
the time such contribution is made, to disclose the credit
verification value of such credit card.''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made in taxable years beginning
after the date of the enactment of this Act.
______
SA 5358. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
[[Page S4325]]
At the appropriate place, insert the following:
SEC. _____. LIMITATION RELATING TO IN-PERSON EMPLOYEES.
None of the amounts made available under section 10301
shall be used to hire any new employee until 90 percent of
Internal Revenue Service employees employed as of the date of
the enactment of this Act are working in person at an
Internal Revenue Service office or job site.
______
SA 5359. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title I, add the following:
Subtitle E--Extending Telehealth Flexibilities Under Medicare
SEC. 14001. REMOVING GEOGRAPHIC REQUIREMENTS AND EXPANDING
ORIGINATING SITES FOR TELEHEALTH SERVICES.
Section 1834(m) of the Social Security Act (42 U.S.C.
1395m(m)) is amended--
(1) in paragraph (2)(B)(iii)--
(A) by striking ``With'' and inserting ``In the case that
the emergency period described in section 1135(g)(1)(B) ends
before September 12, 2023, with''; and
(B) by striking ``that are furnished during the 151-day
period beginning on the first day after the end of the
emergency period described in section 1135(g)(1)(B)'' and
inserting ``that are furnished during the period beginning on
the first day after the end of such emergency period and
ending September 12, 2023''; and
(2) in paragraph (4)(C)(iii)--
(A) by striking ``With'' and inserting ``In the case that
the emergency period described in section 1135(g)(1)(B) ends
before September 12, 2023, with''; and
(B) by striking ``that are furnished during the 151-day
period beginning on the first day after the end of the
emergency period described in section 1135(g)(1)(B)'' and
inserting ``that are furnished during the period beginning on
the first day after the end of such emergency period and
ending on September 12, 2023''.
SEC. 14002. EXPANDING PRACTITIONERS ELIGIBLE TO FURNISH
TELEHEALTH SERVICES.
Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C.
1395m(m)(4)(E)) is amended by striking ``and, for the 151-day
period beginning on the first day after the end of the
emergency period described in section 1135(g)(1)(B)'' and
inserting ``and, in the case that the emergency period
described in section 1135(g)(1)(B) ends before September 12,
2023, for the period beginning on the first day after the end
of such emergency period and ending on September 12, 2023''.
SEC. 14003. EXTENDING TELEHEALTH SERVICES FOR FEDERALLY
QUALIFIED HEALTH CENTERS AND RURAL HEALTH
CLINICS.
Section 1834(m)(8)(A) of the Social Security Act (42 U.S.C.
1395m(m)(8)(A)) is amended by striking ``during the 151-day
period beginning on the first day after the end of such
emergency period'' and inserting ``in the case that such
emergency period ends before September 12, 2023, during the
period beginning on the first day after the end of such
emergency period and ending on September 12, 2023''.
SEC. 14004. DELAYING THE IN-PERSON REQUIREMENTS UNDER
MEDICARE FOR MENTAL HEALTH SERVICES FURNISHED
THROUGH TELEHEALTH AND TELECOMMUNICATIONS
TECHNOLOGY.
(a) Delay in Requirements for Mental Health Services
Furnished Through Telehealth.--Section 1834(m)(7)(B)(i) of
the Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is
amended, in the matter preceding subclause (I), by striking
``on or after the day that is the 152nd day after the end of
the period at the end of the emergency sentence described in
section 1135(g)(1)(B))'' and inserting ``on or after
September 13, 2023 (or, if later, the first day after the end
of the emergency period described in section
1135(g)(1)(B))''.
(b) Mental Health Visits Furnished by Rural Health
Clinics.--Section 1834(y) of the Social Security Act (42
U.S.C. 1395m(y)) is amended--
(1) in the heading, by striking ``to hospice patients'';
and
(2) in paragraph (2), by striking ``prior to the day that
is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B))'' and inserting ``prior
to September 13, 2023 (or, if later, the first day after the
end of the emergency period described in section
1135(g)(1)(B))''.
(c) Mental Health Visits Furnished by Federally Qualified
Health Centers.--Section 1834(o)(4) of the Social Security
Act (42 U.S.C. 1395m(o)(4) is amended--
(1) in the heading, by striking ``to hospice patients'';
and
(2) in subparagraph (B), by striking ``prior to the day
that is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B))'' and inserting ``prior
to September 13, 2023 (or, if later, the first day after the
end of the emergency period described in section
1135(g)(1)(B))''.
SEC. 14005. ALLOWING FOR THE FURNISHING OF AUDIO-ONLY
TELEHEALTH SERVICES.
Section 1834(m)(9) of the Social Security Act (42 U.S.C.
1395m(m)(9)) is amended by striking ``The Secretary shall
continue to provide coverage and payment under this part for
telehealth services identified in paragraph (4)(F)(i) as of
the date of the enactment of this paragraph that are
furnished via an audio-only telecommunications system during
the 151-day period beginning on the first day after the end
of the emergency period described in section 1135(g)(1)(B)''
and inserting ``In the case that the emergency period
described in section 1135(g)(1)(B) ends before September 12,
2023, the Secretary shall continue to provide coverage and
payment under this part for telehealth services identified in
paragraph (4)(F)(i) that are furnished via an audio-only
communications system during the period beginning on the
first day after the end of such emergency period and ending
on September 12, 2023''.
SEC. 14006. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE
ENCOUNTER PRIOR TO RECERTIFICATION OF
ELIGIBILITY FOR HOSPICE CARE DURING EMERGENCY
PERIOD.
Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42
U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by striking ``and
during the 151-day period beginning on the first day after
the end of such emergency period'' and inserting ``and, in
the case that such emergency period ends before September 12,
2023, during the period beginning on the first day after the
end of such emergency period described in such section
1135(g)(1)(B) and ending on September 12, 2023''.
SEC. 14007. REDUCTION IN FUNDING.
Section 11004 of this Act is amended by striking
``$3,000,000,000'' and inserting ``500,000,000''.
______
SA 5360. Mrs. FISCHER submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 391, strike line 22 and all that follows through
page 393, line 13, and insert the following:
``(i) in the case of a joint return or a surviving spouse
(as defined in section 2(a)), $150,000,
``(ii) in the case of a head of household (as defined in
section 2(b)), $112,500, and
``(iii) in the case of a taxpayer not described in clause
(i) or (ii), $75,000.
``(C) Modified adjusted gross income.--For purposes of this
paragraph, the term `modified adjusted gross income' means
adjusted gross income increased by any amount excluded from
gross income under section 911, 931, or 933.
``(11) Manufacturer's suggested retail price limitation.--
No credit shall be allowed under subsection (a) for a vehicle
with a manufacturer's suggested retail price in excess of
$42,000.''.
______
SA 5361. Ms. ERNST (for herself and Mr. Cassidy) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
On page 390, strike lines 1 through 18 and insert the
following:
``(7) Excluded entities.--For purposes of this section, the
term `new clean vehicle' shall not include--
``(A) any vehicle placed in service after December 31,
2024, with respect to which any of the applicable critical
minerals contained in the battery of such vehicle (as
described in subsection (e)(1)(A)) were extracted, processed,
or recycled--
``(i) by a foreign entity of concern (as defined in section
40207(a)(5) of the Infrastructure Investment and Jobs Act (42
U.S.C. 18741(a)(5))), or
``(ii) in a country which is subject to an active withhold
release order or finding issued by United States Customs and
Border Protection of the Department of Homeland Security, or
``(B) any vehicle placed in service after December 31,
2023, with respect to which any of the components contained
in the battery of such vehicle (as described in subsection
(e)(2)(A)) were manufactured or assembled--
``(i) by a foreign entity of concern (as so defined), or
``(ii) in a country which is subject to an active withhold
release order or finding issued by United States Customs and
Border Protection of the Department of Homeland Security.''.
______
SA 5362. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Beginning on page 692, strike line 19 and all that follows
through page 693, line 12.
______
SA 5363. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title
[[Page S4326]]
II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
On page 386, strike line 7 and all that follows through
page 390, line 18, and insert the following:
``(A) In general.--The requirement described in this
subparagraph with respect to a vehicle is that, with respect
to the electric motor of such vehicle and the battery from
which such electric motor draws electricity, the percentage
of the value of the applicable critical minerals (as defined
in section 45X(c)(6)) contained in such motor and such
battery that were--
``(i) extracted or processed in any country with which the
United States has a free trade agreement in effect, or
``(ii) recycled in North America,
is equal to or greater than the applicable percentage (as
certified by the qualified manufacturer, in such form or
manner as prescribed by the Secretary).
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage shall be--
``(i) in the case of a vehicle placed in service after the
date on which the proposed guidance described in paragraph
(3)(B) is issued by the Secretary and before January 1, 2024,
40 percent,
``(ii) in the case of a vehicle placed in service during
calendar year 2024, 50 percent,
``(iii) in the case of a vehicle placed in service during
calendar year 2025, 60 percent,
``(iv) in the case of a vehicle placed in service during
calendar year 2026, 70 percent, and
``(v) in the case of a vehicle placed in service after
December 31, 2026, 80 percent.
``(2) Battery and electric motor components.--
``(A) In general.--The requirement described in this
subparagraph with respect to a vehicle is that, with respect
to--
``(i) the electric motor of such vehicle, and
``(ii) the battery from which such electric motor draws
electricity,
the percentage of the value of the components contained in
such motor and such battery that were manufactured or
assembled in North America is equal to or greater than the
applicable percentage (as certified by the qualified
manufacturer, in such form or manner as prescribed by the
Secretary).
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage shall be--
``(i) in the case of a vehicle placed in service after the
date on which the proposed guidance described in paragraph
(3)(B) is issued by the Secretary and before January 1, 2024,
50 percent,
``(ii) in the case of a vehicle placed in service during
calendar year 2024 or 2025, 60 percent,
``(iii) in the case of a vehicle placed in service during
calendar year 2026, 70 percent,
``(iv) in the case of a vehicle placed in service during
calendar year 2027, 80 percent,
``(v) in the case of a vehicle placed in service during
calendar year 2028, 90 percent,
``(vi) in the case of a vehicle placed in service after
December 31, 2028, 100 percent.
``(3) Regulations and guidance.--
``(A) In general.--The Secretary shall issue such
regulations or other guidance as the Secretary determines
necessary or appropriate to carry out the purposes of this
subsection, including regulations or other guidance which
provides for requirements for recordkeeping or information
reporting for purposes of administering the requirements of
this subsection.
``(B) Deadline for proposed guidance.--Not later than
December 31, 2022, the Secretary shall issue proposed
guidance with respect to the requirements under this
subsection.''.
(2) Excluded entities.--Section 30D(d), as amended by the
preceding provisions of this section, is amended by adding at
the end the following:
``(7) Excluded entities.--For purposes of this section, the
term `new clean vehicle' shall not include--
``(A) any vehicle placed in service after December 31,
2024, with respect to which any of the applicable critical
minerals contained in the electric motor or battery of such
vehicle (as described in subsection (e)(1)(A)) were
extracted, processed, or recycled by a foreign entity of
concern (as defined in section 40207(a)(5) of the
Infrastructure Investment and Jobs Act (42 U.S.C.
18741(a)(5))), or
``(B) any vehicle placed in service after December 31,
2023, with respect to which any of the components contained
in the electric motor or battery of such vehicle (as
described in subsection (e)(2)(A)) were manufactured or
assembled by a foreign entity of concern (as so defined).''.
______
SA 5364. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 404, strike line 11 and all that follows through
page 406, line 2, and insert the following:
``(2) Threshold amount.--For purposes of paragraph (1)(B),
the threshold amount shall be--
``(A) in the case of a joint return or a surviving spouse
(as defined in section 2(a)), $100,000, and
``(B) in the case of a taxpayer not described in
subparagraph (A), $50,000.
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means
adjusted gross income increased by any amount excluded from
gross income under section 911, 931, or 933.
``(c) Definitions.--For purposes of this section--
``(1) Previously-owned clean vehicle.--The term
`previously-owned clean vehicle' means, with respect to a
taxpayer, a motor vehicle--
``(A) the model year of which is at least 2 years earlier
than the calendar year in which the taxpayer acquires such
vehicle,
``(B) the original use of which commences with a person
other than the taxpayer,
``(C) which is acquired by the taxpayer in a qualified
sale, and
``(D) which--
``(i) meets the requirements of subparagraphs (C), (D),
(E), (F), and (H) (except for clause (iv) thereof) of section
30D(d)(1), or
``(ii) is a motor vehicle which--
``(I) satisfies the requirements under subparagraphs (A)
and (B) of section 30B(b)(3), and
``(II) has a gross vehicle weight rating of less than
14,000 pounds.
``(2) Qualified sale.--The term `qualified sale' means a
sale of a motor vehicle--
``(A) by a dealer (as defined in section 30D(g)(8)),
``(B) for a sale price which does not exceed $20,000, and
______
SA 5365. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 391, strike line 19 and all that follows through
page 392, line 5, and insert the following:
``(B) Threshold amount.--For purposes of subparagraph
(A)(ii), the threshold amount shall be--
``(i) in the case of a joint return or a surviving spouse
(as defined in section 2(a)), $100,000, and
``(ii) in the case of a taxpayer not described in clause
(i), $50,000.
______
SA 5366. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 50173 and insert the following:
SEC. 50173. AVAILABILITY OF HIGH-ASSAY LOW-ENRICHED URANIUM.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available through September 30,
2026--
(1) $100,000,000 to carry out the program elements
described in subparagraphs (A) through (C) of section
2001(a)(2) of the Energy Act of 2020 (42 U.S.C. 16281(a)(2));
(2) $500,000,000 to carry out the program elements
described in subparagraphs (D) through (H) of that section;
and
(3) $100,000,000 to carry out activities to support the
availability of high-assay low-enriched uranium for civilian
domestic research, development, demonstration, and commercial
use under section 2001 of the Energy Act of 2020 (42 U.S.C.
16281).
(b) Competitive Procedures.--To the maximum extent
practicable, the Department of Energy shall, in a manner
consistent with section 989 of the Energy Policy Act of 2005
(42 U.S.C. 16353), use a competitive, merit-based review
process in carrying out research, development, demonstration,
and deployment activities under section 2001 of the Energy
Act of 2020 (42 U.S.C. 16281).
(c) Administrative Expenses.--The Secretary may use not
more than 3 percent of the amounts appropriated by subsection
(a) for administrative purposes.
(d) Prohibition.--Amounts appropriated by subsection (a)
may not be used to purchase or otherwise acquire, use or make
available for use, support the availability of, or otherwise
provide funding for uranium or other nuclear fuel that is
sourced from--
(1) the Russian Federation; or
(2) an entity that--
(A) is owned or controlled by the Government of the Russian
Federation; or
(B) is organized under the laws of, or otherwise subject to
the jurisdiction of, the Russian Federation.
______
SA 5367. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 5030_. PERMITTING AND REVIEW PROCESSES FOR DOMESTIC
HARDROCK MINERAL PRODUCTION.
(a) Findings.--Congress finds that--
(1) the United States is not only reliant on foreign
sources for many of the raw materials needed for the economic
and national
[[Page S4327]]
security of the United States, but is also attracting a
decreasing share of global investment in the raw materials
sector, a sector important to the economic and national
security of the United States; and
(2) that trends of increased reliance on foreign sources
for raw materials and decreasing global investment in the
domestic raw materials sector have serious and negative
implications for the domestic mineral supply chains necessary
for technological innovation, modern infrastructure, and
national security.
(b) Permitting.--The Secretary of the Interior, the
Administrator of the Environmental Protection Agency, and the
Chief of the Forest Service shall work collaboratively to
reverse the trends described in subsection (a)(2) by--
(1) streamlining permitting and review processes to ensure
that all necessary use authorizations for domestic hardrock
mineral production are completed not later than 2 years after
receipt of the applicable request or application; and
(2) enhancing access to all hardrock mineral resources in
order to increase discovery, production, and domestic
refining of critical minerals by--
(A) evaluating and, where appropriate, reversing prior
withdrawals from location, entry, and patent under the mining
laws; and
(B) ensuring that future withdrawals from location, entry,
and patent under the mining laws can only occur if--
(i) updated geological assessments have been completed;
(ii) the Governors of relevant States have been consulted;
and
(iii) the acreage of any single withdrawal does not exceed
5,000 acres.
(c) Rulemaking.--The Chief of the Forest Service shall
revise all relevant regulations of the Forest Service
governing hardrock mineral production on Federal land in
order to ensure that those regulations are consistent with--
(1) the requirements of this section; and
(2) relevant regulations of the Bureau of Land Management.
______
SA 5368. Mr. CRAMER submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
On page 390, line 5, strike ``2024'' and insert ``2023''.
______
SA 5369. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60111.
______
SA 5370. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike subtitle D of title VI.
______
SA 5371. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 23003 and insert the following:
SEC. 23003. FOREST SERVICE MAINTENANCE.
In addition to amounts otherwise available, there are
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2031--
(1) $600,000,000 for Forest Service recreational
maintenance for campgrounds and recreation areas; and
(2) $1,000,000,000 for deferred maintenance of Forest
Service roads and trails, subject to the condition that none
of those funds may be used to decommission roads.
______
SA 5372. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of section 11004, insert the following:
SEC. 11005. STRIKING THE PROVISIONS THAT PRECLUDE
ADMINISTRATIVE OR JUDICIAL REVIEW.
(a) Drug Price Negotiation Program.--Part E of title XI of
the Social Security Act, as added by section 11001, is
amended by striking section 1198.
(b) Medicare Part D Rebate.--Section 1860D-14B of the
Social Security Act, as added by section 11102, is amended by
striking subsection (f).
(c) Offset.--The amount appropriated under section
10301(a)(1)(A)(ii) shall be reduced by $45,000,000,000.
______
SA 5373. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 10301(a)(1), strike subparagraph (B) and insert
the following:
(B) Reduction in irs return backlog.--For necessary
expenses of the Internal Revenue Service for reducing the
backlog in processing income tax returns for tax years 2020
and 2021, $15,000,000, to remain available until September
30, 2023: Provided, That these amounts shall be in addition
to amounts otherwise available for such purposes.
______
SA 5374. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of section 10301(a), add the following:
(4) Limitation.--None of the funds appropriated under this
section may be obligated before the date on which he
Commissioner of Internal Revenue certifies that the
processing backlog with respect to income tax returns for
taxable years 2020 and 2021 has been eliminated.
______
SA 5375. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 30001, strike ``to carry out'' and insert ``to
increase oil refinery capacity in the United States using
authorities under''.
______
SA 5376. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of section 50262, add the following:
(g) Onshore Wind and Solar Energy Royalty Rate.--
(1) In general.--The Secretary shall require, as a term and
condition of any lease, right-of-way, permit, or other
authorization for the development of solar or wind energy on
public lands (as defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702)), the
payment of a royalty in accordance with paragraph (2).
(2) Amount.--The royalty on electricity produced using wind
or solar resources under paragraph (1) shall be not less than
16\2/3\ percent, but not more than 18\3/4\ percent, during
the 10-year period beginning on the date of enactment of this
Act, and not less than 16\2/3\ percent thereafter, of the
gross proceeds from the sale of that electricity.
(3) Deposit.--Amounts received by the United States as
royalties under this subsection shall be disposed of in
accordance with section 35 of the Mineral Leasing Act (30
U.S.C. 191).
______
SA 5377. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 50261 and insert the following:
SEC. 50261. OFFSHORE WIND ENERGY ROYALTY RATE.
Section 8(p)(2) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(p)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking ``(A) The Secretary'' and inserting the
following:
``(A) Royalties, fees, rentals, bonuses, or other
payments.--
``(i) In general.--Subject to clause (ii) and subparagraphs
(B) and (C), the Secretary''; and
(B) by adding at the end the following:
``(ii) Royalty rate for offshore wind-powered electric
generation projects.--In establishing the royalty rate for a
lease, easement, or right-of-way granted under paragraph
(1)(C) for a wind-powered electric generation project, the
Secretary shall establish the rate at not less than 12.5
percent of the gross proceeds from the sale of electricity
produced by the wind-powered electric generation project.'';
and
(2) in subparagraph (B)--
(A) by striking ``(B) The Secretary'' and inserting the
following:
``(B) Payments to certain states.--The Secretary''; and
(B) in the first sentence, by inserting ``(including
amounts received as royalties, as established under
subparagraph (A)(ii))'' after ``under this section''.
______
SA 5378. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike sections 60501 through 60506 and insert the
following:
[[Page S4328]]
SEC. 60501. NEIGHBORHOOD ACCESS AND EQUITY GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 177. Neighborhood access and equity grant program
``(a) In General.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$393,000,000, to remain available until September 30, 2026,
to the Administrator of the Federal Highway Administration
for competitive grants to eligible entities described in
subsection (b)--
``(1) to improve walkability, safety, and affordable
transportation access through projects that are context-
sensitive--
``(A) to remove, remediate, or reuse a facility described
in subsection (c)(1);
``(B) to replace a facility described in subsection (c)(1)
with a facility that is at-grade or lower speed;
``(C) to retrofit or cap a facility described in subsection
(c)(1);
``(D) to build or improve complete streets, multiuse
trails, regional greenways, or active transportation networks
and spines; or
``(E) to provide affordable access to essential
destinations, public spaces, or transportation links and
hubs;
``(2) to mitigate or remediate negative impacts on the
human or natural environment resulting from a facility
described in subsection (c)(2) in a disadvantaged or
underserved community through--
``(A) noise barriers to reduce impacts resulting from a
facility described in subsection (c)(2);
``(B) technologies, infrastructure, and activities to
reduce surface transportation-related greenhouse gas
emissions and other air pollution;
``(C) natural infrastructure, pervious, permeable, or
porous pavement, or protective features to reduce or manage
stormwater run-off resulting from a facility described in
subsection (c)(2);
``(D) infrastructure and natural features to reduce or
mitigate urban heat island hot spots in the transportation
right-of-way or on surface transportation facilities; or
``(E) safety improvements for vulnerable road users; and
``(3) for planning and capacity building activities in
disadvantaged or underserved communities to--
``(A) identify, monitor, or assess local and ambient air
quality, emissions of transportation greenhouse gases, hot
spot areas of extreme heat or elevated air pollution, gaps in
tree canopy coverage, or flood prone transportation
infrastructure;
``(B) assess transportation equity or pollution impacts and
develop local anti-displacement policies and community
benefit agreements;
``(C) conduct predevelopment activities for projects
eligible under this subsection;
``(D) expand public participation in transportation
planning by individuals and organizations in disadvantaged or
underserved communities; or
``(E) administer or obtain technical assistance related to
activities described in this subsection.
``(b) Eligible Entities Described.--An eligible entity
referred to in subsection (a) is--
``(1) a State;
``(2) a unit of local government;
``(3) a political subdivision of a State;
``(4) an entity described in section 207(m)(1)(E);
``(5) a territory of the United States;
``(6) a special purpose district or public authority with a
transportation function;
``(7) a metropolitan planning organization (as defined in
section 134(b)(2)); or
``(8) with respect to a grant described in subsection
(a)(3), in addition to an eligible entity described in
paragraphs (1) through (7), a nonprofit organization or
institution of higher education that has entered into a
partnership with an eligible entity described in paragraphs
(1) through (7).
``(c) Facility Described.--A facility referred to in
subsection (a) is--
``(1) a surface transportation facility for which high
speeds, grade separation, or other design factors create an
obstacle to connectivity within a community; or
``(2) a surface transportation facility which is a source
of air pollution, noise, stormwater, or other burden to a
disadvantaged or underserved community.
``(d) Investment in Economically Disadvantaged
Communities.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$1,262,000,000, to remain available until September 30, 2026,
to the Administrator of the Federal Highway Administration to
provide grants for projects in communities described in
paragraph (2) for the same purposes and administered in the
same manner as described in subsection (a).
``(2) Communities described.--A community referred to in
paragraph (1) is a community that--
``(A) is economically disadvantaged, underserved, or
located in an area of persistent poverty;
``(B) has entered or will enter into a community benefits
agreement with representatives of the community;
``(C) has an anti-displacement policy, a community land
trust, or a community advisory board in effect; or
``(D) has demonstrated a plan for employing local residents
in the area impacted by the activity or project proposed
under this section.
``(e) Administration.--
``(1) In general.--A project carried out under subsection
(a) or (d) shall be treated as a project on a Federal-aid
highway.
``(2) Compliance with existing requirements.--Funds made
available for a grant under this section and administered by
or through a State department of transportation shall be
expended in compliance with the U.S. Department of
Transportation's Disadvantaged Business Enterprise Program.
``(f) Cost Share.--The Federal share of the cost of an
activity carried out using a grant awarded under this section
shall be not more than 80 percent, except that the Federal
share of the cost of a project in a disadvantaged or
underserved community may be up to 100 percent.
``(g) Technical Assistance.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until
September 30, 2026, to the Administrator of the Federal
Highway Administration for--
``(1) guidance, technical assistance, templates, training,
or tools to facilitate efficient and effective contracting,
design, and project delivery by units of local government;
``(2) subgrants to units of local government to build
capacity of such units of local government to assume
responsibilities to deliver surface transportation projects;
and
``(3) operations and administration of the Federal Highway
Administration.
``(h) Limitations.--Amounts made available under this
section shall not--
``(1) be subject to any restriction or limitation on the
total amount of funds available for implementation or
execution of programs authorized for Federal-aid highways;
and
``(2) be used for a project for additional through travel
lanes for single-occupant passenger vehicles.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``177. Neighborhood access and equity grant program.''.
SEC. 60502. ASSISTANCE FOR FEDERAL BUILDINGS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $250,000,000, to remain
available until September 30, 2031, to be deposited in the
Federal Buildings Fund established under section 592 of title
40, United States Code, for measures necessary to convert
facilities of the Administrator of General Services to high-
performance green buildings (as defined in section 401 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17061)).
SEC. 60503. USE OF LOW-CARBON MATERIALS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$2,150,000,000, to remain available until September 30, 2026,
to be deposited in the Federal Buildings Fund established
under section 592 of title 40, United States Code, to acquire
and install materials and products for use in the
construction or alteration of buildings under the
jurisdiction, custody, and control of the General Services
Administration that have substantially lower levels of
embodied greenhouse gas emissions associated with all
relevant stages of production, use, and disposal as compared
to estimated industry averages of similar materials or
products, as determined by the Administrator of the
Environmental Protection Agency.
(b) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.
SEC. 60504. GENERAL SERVICES ADMINISTRATION EMERGING
TECHNOLOGIES.
In addition to amounts otherwise available, there is
appropriated to the Administrator of General Services for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $975,000,000, to remain available
until September 30, 2026, to be deposited in the Federal
Buildings Fund established under section 592 of title 40,
United States Code, for emerging and sustainable
technologies, and related sustainability and environmental
programs.
SEC. 60505. ENVIRONMENTAL REVIEW IMPLEMENTATION FUNDS.
(a) In General.--Chapter 1 of title 23, United States Code,
is further amended by adding at the end the following:
``Sec. 178. Environmental review implementation funds
``(a) Establishment.--In addition to amounts otherwise
available, for fiscal year 2022, there is appropriated to the
Administrator, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
September 30, 2026, for the purpose of facilitating the
development and review of documents for the environmental
review process for proposed projects through--
``(1) the provision of guidance, technical assistance,
templates, training, or tools to
[[Page S4329]]
facilitate an efficient and effective environmental review
process for surface transportation projects and any
administrative expenses of the Federal Highway Administration
to conduct activities described in this section; and
``(2) providing funds made available under this subsection
to eligible entities--
``(A) to build capacity of such eligible entities to
conduct environmental review processes;
``(B) to facilitate the environmental review process for
proposed projects by--
``(i) defining the scope or study areas;
``(ii) identifying impacts, mitigation measures, and
reasonable alternatives;
``(iii) preparing planning and environmental studies and
other documents prior to and during the environmental review
process, for potential use in the environmental review
process in accordance with applicable statutes and
regulations;
``(iv) conducting public engagement activities; and
``(v) carrying out permitting or other activities, as the
Administrator determines to be appropriate, to support the
timely completion of an environmental review process required
for a proposed project; and
``(C) for administrative expenses of the eligible entity to
conduct any of the activities described in subparagraphs (A)
and (B).
``(b) Cost Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section by an eligible entity
shall be not more than 80 percent.
``(2) Source of funds.--The non-Federal share of the cost
of an activity carried out under this section by an eligible
entity may be satisfied using funds made available to the
eligible entity under any other Federal, State, or local
grant program.
``(c) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Highway Administration.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a political subdivision of a State;
``(D) a territory of the United States;
``(E) an entity described in section 207(m)(1)(E);
``(F) a recipient of funds under section 203; or
``(G) a metropolitan planning organization (as defined in
section 134(b)(2)).
``(3) Environmental review process.--The term
`environmental review process' has the meaning given the term
in section 139(a)(5).
``(4) Proposed project.--The term `proposed project' means
a surface transportation project for which an environmental
review process is required.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is further amended by adding at
the end the following:
``178. Environmental review implementation funds.''.
SEC. 60506. LOW-CARBON TRANSPORTATION MATERIALS GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code,
is further amended by adding at the end the following:
``Sec. 179. Low-carbon transportation materials grants
``(a) Federal Highway Administration Appropriation.--In
addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,000,000,000, to
remain available until September 30, 2026, to the
Administrator to reimburse or provide incentives to eligible
recipients for the use, in projects, of construction
materials and products that have substantially lower levels
of embodied greenhouse gas emissions associated with all
relevant stages of production, use, and disposal as compared
to estimated industry averages of similar materials or
products, as determined by the Administrator of the
Environmental Protection Agency, and for the operations and
administration of the Federal Highway Administration to carry
out this section.
``(b) Reimbursement of Incremental Costs; Incentives.--
``(1) In general.--The Administrator shall, subject to the
availability of funds, either reimburse or provide incentives
to eligible recipients that use low-embodied carbon
construction materials and products on a project funded under
this title.
``(2) Reimbursement and incentive amounts.--
``(A) Incremental amount.--The amount of reimbursement
under paragraph (1) shall be equal to the incrementally
higher cost of using such materials relative to the cost of
using traditional materials, as determined by the eligible
recipient and verified by the Administrator.
``(B) Incentive amount.--The amount of an incentive under
paragraph (1) shall be equal to 2 percent of the cost of
using low-embodied carbon construction materials and products
on a project funded under this title.
``(3) Federal share.--If a reimbursement or incentive is
provided under paragraph (1), the total Federal share payable
for the project for which the reimbursement or incentive is
provided shall be up to 100 percent.
``(4) Limitations.--
``(A) In general.--The Administrator shall only provide a
reimbursement or incentive under paragraph (1) for a project
on a--
``(i) Federal-aid highway;
``(ii) tribal transportation facility;
``(iii) Federal lands transportation facility; or
``(iv) Federal lands access transportation facility.
``(B) Other restrictions.--Amounts made available under
this section shall not be subject to any restriction or
limitation on the total amount of funds available for
implementation or execution of programs authorized for
Federal-aid highways.
``(C) Single occupant passenger vehicles.--Funds made
available under this section shall not be used for projects
that result in additional through travel lanes for single
occupant passenger vehicles.
``(5) Materials identification.--The Administrator shall
review the low-embodied carbon construction materials and
products identified by the Administrator of the Environmental
Protection Agency and shall identify low-embodied carbon
construction materials and products--
``(A) appropriate for use in projects eligible under this
title; and
``(B) eligible for reimbursement or incentives under this
section.
``(c) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Highway Administration.
``(2) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State;
``(B) a unit of local government;
``(C) a political subdivision of a State;
``(D) a territory of the United States;
``(E) an entity described in section 207(m)(1)(E);
``(F) a recipient of funds under section 203;
``(G) a metropolitan planning organization (as defined in
section 134(b)(2)); or
``(H) a special purpose district or public authority with a
transportation function.
``(3) Greenhouse gas.--The term `greenhouse gas' means the
air pollutants carbon dioxide, hydrofluorocarbons, methane,
nitrous oxide, perfluorocarbons, and sulfur hexafluoride.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is further amended by adding at
the end the following:
``179. Low-carbon transportation materials grants.''.
SEC. 60507. RETENTION OF RECREATION FEES.
(a) In General.--Section 210(b) of the Flood Control Act of
1968 (16 U.S.C. 460d-3(b)) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Deposit into treasury account.--All fees collected
under this subsection shall--
``(A) be deposited in a special account in the Treasury;
and
``(B) be available for use, without further appropriation,
for the operation and maintenance of recreation sites and
facilities under the jurisdiction of the Secretary of the
Army, subject to the condition that not less than 80 percent
of fees collected at a specific recreation site are utilized
at that site.''; and
(2) by adding at the end the following:
``(5) Supplement, not supplant.--Fees collected under this
subsection--
``(A) shall be in addition to annual appropriated funding
provided for the operation and maintenance of recreation
sites and facilities under the jurisdiction of the Secretary
of the Army; and
``(B) shall not be used as a basis for reducing annual
appropriated funding for those purposes.''.
(b) Special Accounts.--Amounts in the special account for
the Corps of Engineers described in section 210(b)(4) of the
Flood Control Act of 1968 (16 U.S.C. 460d-3(b)(4)) (as in
effect on the day before the date of enactment of this Act)
that are unobligated on that date shall--
(1) be transferred to the special account established under
section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C.
460d-3(b)(4)) (as amended by subsection (a)(1)); and
(2) be available to the Secretary of the Army for operation
and maintenance of any recreation sites and facilities under
the jurisdiction of the Secretary of the Army, without
further appropriation.
______
SA 5379. Mr. CRAMER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike sections 60501 through 60506 and insert the
following:
SEC. 60501. NEIGHBORHOOD ACCESS AND EQUITY GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 177. Neighborhood access and equity grant program
``(a) In General.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$1,643,000,000, to remain available until September 30, 2026,
to the Administrator of the Federal Highway Administration
for competitive grants to eligible entities described in
subsection (b)--
``(1) to improve walkability, safety, and affordable
transportation access through projects that are context-
sensitive--
``(A) to remove, remediate, or reuse a facility described
in subsection (c)(1);
[[Page S4330]]
``(B) to replace a facility described in subsection (c)(1)
with a facility that is at-grade or lower speed;
``(C) to retrofit or cap a facility described in subsection
(c)(1);
``(D) to build or improve complete streets, multiuse
trails, regional greenways, or active transportation networks
and spines; or
``(E) to provide affordable access to essential
destinations, public spaces, or transportation links and
hubs;
``(2) to mitigate or remediate negative impacts on the
human or natural environment resulting from a facility
described in subsection (c)(2) in a disadvantaged or
underserved community through--
``(A) noise barriers to reduce impacts resulting from a
facility described in subsection (c)(2);
``(B) technologies, infrastructure, and activities to
reduce surface transportation-related greenhouse gas
emissions and other air pollution;
``(C) natural infrastructure, pervious, permeable, or
porous pavement, or protective features to reduce or manage
stormwater run-off resulting from a facility described in
subsection (c)(2);
``(D) infrastructure and natural features to reduce or
mitigate urban heat island hot spots in the transportation
right-of-way or on surface transportation facilities; or
``(E) safety improvements for vulnerable road users; and
``(3) for planning and capacity building activities in
disadvantaged or underserved communities to--
``(A) identify, monitor, or assess local and ambient air
quality, emissions of transportation greenhouse gases, hot
spot areas of extreme heat or elevated air pollution, gaps in
tree canopy coverage, or flood prone transportation
infrastructure;
``(B) assess transportation equity or pollution impacts and
develop local anti-displacement policies and community
benefit agreements;
``(C) conduct predevelopment activities for projects
eligible under this subsection;
``(D) expand public participation in transportation
planning by individuals and organizations in disadvantaged or
underserved communities; or
``(E) administer or obtain technical assistance related to
activities described in this subsection.
``(b) Eligible Entities Described.--An eligible entity
referred to in subsection (a) is--
``(1) a State;
``(2) a unit of local government;
``(3) a political subdivision of a State;
``(4) an entity described in section 207(m)(1)(E);
``(5) a territory of the United States;
``(6) a special purpose district or public authority with a
transportation function;
``(7) a metropolitan planning organization (as defined in
section 134(b)(2)); or
``(8) with respect to a grant described in subsection
(a)(3), in addition to an eligible entity described in
paragraphs (1) through (7), a nonprofit organization or
institution of higher education that has entered into a
partnership with an eligible entity described in paragraphs
(1) through (7).
``(c) Facility Described.--A facility referred to in
subsection (a) is--
``(1) a surface transportation facility for which high
speeds, grade separation, or other design factors create an
obstacle to connectivity within a community; or
``(2) a surface transportation facility which is a source
of air pollution, noise, stormwater, or other burden to a
disadvantaged or underserved community.
``(d) Investment in Economically Disadvantaged
Communities.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$1,262,000,000, to remain available until September 30, 2026,
to the Administrator of the Federal Highway Administration to
provide grants for projects in communities described in
paragraph (2) for the same purposes and administered in the
same manner as described in subsection (a).
``(2) Communities described.--A community referred to in
paragraph (1) is a community that--
``(A) is economically disadvantaged, underserved, or
located in an area of persistent poverty;
``(B) has entered or will enter into a community benefits
agreement with representatives of the community;
``(C) has an anti-displacement policy, a community land
trust, or a community advisory board in effect; or
``(D) has demonstrated a plan for employing local residents
in the area impacted by the activity or project proposed
under this section.
``(e) Administration.--
``(1) In general.--A project carried out under subsection
(a) or (d) shall be treated as a project on a Federal-aid
highway.
``(2) Compliance with existing requirements.--Funds made
available for a grant under this section and administered by
or through a State department of transportation shall be
expended in compliance with the U.S. Department of
Transportation's Disadvantaged Business Enterprise Program.
``(f) Cost Share.--The Federal share of the cost of an
activity carried out using a grant awarded under this section
shall be not more than 80 percent, except that the Federal
share of the cost of a project in a disadvantaged or
underserved community may be up to 100 percent.
``(g) Technical Assistance.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until
September 30, 2026, to the Administrator of the Federal
Highway Administration for--
``(1) guidance, technical assistance, templates, training,
or tools to facilitate efficient and effective contracting,
design, and project delivery by units of local government;
``(2) subgrants to units of local government to build
capacity of such units of local government to assume
responsibilities to deliver surface transportation projects;
and
``(3) operations and administration of the Federal Highway
Administration.
``(h) Limitations.--Amounts made available under this
section shall not--
``(1) be subject to any restriction or limitation on the
total amount of funds available for implementation or
execution of programs authorized for Federal-aid highways;
and
``(2) be used for a project for additional through travel
lanes for single-occupant passenger vehicles.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``177. Neighborhood access and equity grant program.''.
SEC. 60502. ASSISTANCE FOR FEDERAL BUILDINGS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $250,000,000, to remain
available until September 30, 2031, to be deposited in the
Federal Buildings Fund established under section 592 of title
40, United States Code, for measures necessary to convert
facilities of the Administrator of General Services to high-
performance green buildings (as defined in section 401 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17061)).
SEC. 60503. USE OF LOW-CARBON MATERIALS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$2,150,000,000, to remain available until September 30, 2026,
to be deposited in the Federal Buildings Fund established
under section 592 of title 40, United States Code, to acquire
and install materials and products for use in the
construction or alteration of buildings under the
jurisdiction, custody, and control of the General Services
Administration that have substantially lower levels of
embodied greenhouse gas emissions associated with all
relevant stages of production, use, and disposal as compared
to estimated industry averages of similar materials or
products, as determined by the Administrator of the
Environmental Protection Agency.
(b) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' means the air pollutants carbon
dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, and sulfur hexafluoride.
SEC. 60504. GENERAL SERVICES ADMINISTRATION EMERGING
TECHNOLOGIES.
In addition to amounts otherwise available, there is
appropriated to the Administrator of General Services for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $975,000,000, to remain available
until September 30, 2026, to be deposited in the Federal
Buildings Fund established under section 592 of title 40,
United States Code, for emerging and sustainable
technologies, and related sustainability and environmental
programs.
SEC. 60505. ENVIRONMENTAL REVIEW IMPLEMENTATION FUNDS.
(a) In General.--Chapter 1 of title 23, United States Code,
is further amended by adding at the end the following:
``Sec. 178. Environmental review implementation funds
``(a) Establishment.--In addition to amounts otherwise
available, for fiscal year 2022, there is appropriated to the
Administrator, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
September 30, 2026, for the purpose of facilitating the
development and review of documents for the environmental
review process for proposed projects through--
``(1) the provision of guidance, technical assistance,
templates, training, or tools to facilitate an efficient and
effective environmental review process for surface
transportation projects and any administrative expenses of
the Federal Highway Administration to conduct activities
described in this section; and
``(2) providing funds made available under this subsection
to eligible entities--
``(A) to build capacity of such eligible entities to
conduct environmental review processes;
``(B) to facilitate the environmental review process for
proposed projects by--
``(i) defining the scope or study areas;
``(ii) identifying impacts, mitigation measures, and
reasonable alternatives;
``(iii) preparing planning and environmental studies and
other documents prior to and during the environmental review
process, for potential use in the environmental review
process in accordance with applicable statutes and
regulations;
``(iv) conducting public engagement activities; and
[[Page S4331]]
``(v) carrying out permitting or other activities, as the
Administrator determines to be appropriate, to support the
timely completion of an environmental review process required
for a proposed project; and
``(C) for administrative expenses of the eligible entity to
conduct any of the activities described in subparagraphs (A)
and (B).
``(b) Cost Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section by an eligible entity
shall be not more than 80 percent.
``(2) Source of funds.--The non-Federal share of the cost
of an activity carried out under this section by an eligible
entity may be satisfied using funds made available to the
eligible entity under any other Federal, State, or local
grant program.
``(c) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Highway Administration.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a political subdivision of a State;
``(D) a territory of the United States;
``(E) an entity described in section 207(m)(1)(E);
``(F) a recipient of funds under section 203; or
``(G) a metropolitan planning organization (as defined in
section 134(b)(2)).
``(3) Environmental review process.--The term
`environmental review process' has the meaning given the term
in section 139(a)(5).
``(4) Proposed project.--The term `proposed project' means
a surface transportation project for which an environmental
review process is required.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is further amended by adding at
the end the following:
``178. Environmental review implementation funds.''.
SEC. 60506. LOW-CARBON TRANSPORTATION MATERIALS GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code,
is further amended by adding at the end the following:
``Sec. 179. Low-carbon transportation materials grants
``(a) Federal Highway Administration Appropriation.--In
addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,000,000,000, to
remain available until September 30, 2026, to the
Administrator to reimburse or provide incentives to eligible
recipients for the use, in projects, of construction
materials and products that have substantially lower levels
of embodied greenhouse gas emissions associated with all
relevant stages of production, use, and disposal as compared
to estimated industry averages of similar materials or
products, as determined by the Administrator of the
Environmental Protection Agency, and for the operations and
administration of the Federal Highway Administration to carry
out this section.
``(b) Reimbursement of Incremental Costs; Incentives.--
``(1) In general.--The Administrator shall, subject to the
availability of funds, either reimburse or provide incentives
to eligible recipients that use low-embodied carbon
construction materials and products on a project funded under
this title.
``(2) Reimbursement and incentive amounts.--
``(A) Incremental amount.--The amount of reimbursement
under paragraph (1) shall be equal to the incrementally
higher cost of using such materials relative to the cost of
using traditional materials, as determined by the eligible
recipient and verified by the Administrator.
``(B) Incentive amount.--The amount of an incentive under
paragraph (1) shall be equal to 2 percent of the cost of
using low-embodied carbon construction materials and products
on a project funded under this title.
``(3) Federal share.--If a reimbursement or incentive is
provided under paragraph (1), the total Federal share payable
for the project for which the reimbursement or incentive is
provided shall be up to 100 percent.
``(4) Limitations.--
``(A) In general.--The Administrator shall only provide a
reimbursement or incentive under paragraph (1) for a project
on a--
``(i) Federal-aid highway;
``(ii) tribal transportation facility;
``(iii) Federal lands transportation facility; or
``(iv) Federal lands access transportation facility.
``(B) Other restrictions.--Amounts made available under
this section shall not be subject to any restriction or
limitation on the total amount of funds available for
implementation or execution of programs authorized for
Federal-aid highways.
``(C) Single occupant passenger vehicles.--Funds made
available under this section shall not be used for projects
that result in additional through travel lanes for single
occupant passenger vehicles.
``(5) Materials identification.--The Administrator shall
review the low-embodied carbon construction materials and
products identified by the Administrator of the Environmental
Protection Agency and shall identify low-embodied carbon
construction materials and products--
``(A) appropriate for use in projects eligible under this
title; and
``(B) eligible for reimbursement or incentives under this
section.
``(c) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Highway Administration.
``(2) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State;
``(B) a unit of local government;
``(C) a political subdivision of a State;
``(D) a territory of the United States;
``(E) an entity described in section 207(m)(1)(E);
``(F) a recipient of funds under section 203;
``(G) a metropolitan planning organization (as defined in
section 134(b)(2)); or
``(H) a special purpose district or public authority with a
transportation function.
``(3) Greenhouse gas.--The term `greenhouse gas' means the
air pollutants carbon dioxide, hydrofluorocarbons, methane,
nitrous oxide, perfluorocarbons, and sulfur hexafluoride.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is further amended by adding at
the end the following:
``179. Low-carbon transportation materials grants.''.
SEC. 60507. IDENTIFICATION OF UNDERUTILIZED GSA BUILDINGS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of
General Services for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $10,000,000, to
remain available until September 30, 2031, to identify
Federal buildings managed by the General Services
Administration that have underutilized office space, for the
purpose of initiating a sale of those buildings not later
than 1 year after the date of enactment of this Act.
(b) Consideration.--In identifying Federal buildings that
have underutilized office space under subsection (a), the
Administrator of General Services may consider, when
determining whether office space is underutilized, whether
the Federal buildings were temporarily unoccupied, or are
still underutilized as of the date of enactment of this Act,
due to increased teleworking policies implemented as a result
of the Coronavirus Disease 2019 (COVID-19) pandemic.
______
SA 5380. Mr. BRAUN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60501.
______
SA 5381. Mr. BRAUN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of section 10301(a), add the following:
(4) Limitations related to the internal revenue service.--
None of the funds made available under this Act may be used
by the Internal Revenue Service to target citizens of the
United States for exercising any right guaranteed under the
First Amendment to the Constitution of the United States.
______
SA 5382. Mrs. CAPITO submitted an amendment inteded to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 60105, strike subsection (g).
______
SA 5383. Mrs. CAPITO (for herself and Mr. Inhofe) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
At the end of title VI, add the following
Subtitle F--Regulatory Authority
SEC. 60601. CODIFICATION OF NEPA REGULATIONS.
The revisions to the Code of Federal Regulations made
pursuant to the final rule of the Council on Environmental
Quality titled ``Update to the Regulations Implementing the
Procedural Provisions of the National Environmental Policy
Act'' and published on July 16, 2020 (85 Fed. Reg. 43304),
shall have the same force and effect of law as if enacted by
an Act of Congress.
SEC. 60602. PROVIDING REGULATORY CERTAINTY UNDER THE FEDERAL
WATER POLLUTION CONTROL ACT.
(a) Waters of the United States.--The definitions of the
term ``waters of the United States'' and the other terms
defined in section 328.3 of title 33, Code of Federal
Regulations (as in effect on January 1, 2021), are enacted
into law.
(b) Codification of Section 401 Certification Rule.--The
final rule of the Environmental Protection Agency entitled
``Clean
[[Page S4332]]
Water Act Section 401 Certification Rule'' (85 Fed. Reg.
42210 (July 13, 2020)) is enacted into law.
(c) Codification of Nationwide Permits.--The Nationwide
Permits issued, reissued, or modified, as applicable, in the
following final rules of the Corps of Engineers are enacted
into law:
(1) The final rule of the Corps of Engineers entitled
``Reissuance and Modification of Nationwide Permits'' (86
Fed. Reg. 2744 (January 13, 2021)).
(2) The final rule of the Corps of Engineers entitled
``Reissuance and Modification of Nationwide Permits'' (86
Fed. Reg. 73522 (December 27, 2021)).
SEC. 60603. PROHIBITION ON USE OF SOCIAL COST OF GREENHOUSE
GAS ESTIMATES RAISING GASOLINE PRICES.
(a) In General.--In promulgating regulations, issuing
guidance, or taking any agency action (as defined in section
551 of title 5, United States Code) relating to the social
cost of greenhouse gases, no Federal agency shall adopt or
otherwise use any estimates for the social cost of greenhouse
gases that may raise gasoline prices, as determined through a
review by the Energy Information Administration.
(b) Inclusion.--The estimates referred to in subsection (a)
include the interim estimates in the document of the
Interagency Working Group on the Social Cost of Greenhouse
Gases entitled ``Technical Support Document: Social Cost of
Carbon, Methane, and Nitrous Oxide Interim Estimates under
Executive Order 13990'' and dated February 2021.
SEC. 60604. EXPEDITING PERMITTING AND REVIEW PROCESSES.
(a) Definitions.--In this section:
(1) Authorization.--The term ``authorization'' means any
license, permit, approval, finding, determination, or other
administrative decision issued by a Federal department or
agency that is required or authorized under Federal law in
order to site, construct, reconstruct, or commence operations
of an energy project, including any authorization described
in section 41001(3) of the FAST Act (42 U.S.C. 4370m(3)).
(2) Energy project.--The term ``energy project'' means any
project involving the exploration, development, production,
transportation, combustion, transmission, or distribution of
an energy resource or electricity for which--
(A) an authorization is required under a Federal law other
than the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(B)(i) the head of the lead agency has determined that an
environmental impact statement is required; or
(ii) the head of the lead agency has determined that an
environmental assessment is required, and the project sponsor
requests that the project be treated as an energy project.
(3) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts required to be prepared
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(4) Environmental review and authorization process.--The
term ``environmental review and authorization process''
means--
(A) the process for preparing for an energy project an
environmental impact statement, environmental assessment,
categorical exclusion, or other document prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(B) the completion of any authorization decision required
for an energy project under any Federal law other than the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(5) Lead agency.--The term ``lead agency'' means--
(A) the Department of Energy;
(B) the Department of the Interior;
(C) the Department of Agriculture;
(D) the Federal Energy Regulatory Commission;
(E) the Nuclear Regulatory Commission; or
(F) any other appropriate Federal agency, as applicable,
that may be responsible for navigating the energy project
through the environmental review and authorization process.
(6) Project sponsor.--The term ``project sponsor'' means an
agency or other entity, including any private or public-
private entity, that seeks approval from a lead agency for an
energy project.
(b) Timely Authorizations for Energy Projects.--
(1) In general.--
(A) Deadline.--Except as provided in subparagraph (C), all
authorization decisions necessary for the construction of an
energy project shall be completed by not later than 90 days
after the date of the issuance of a record of decision for
the energy project by the lead agency.
(B) Detail.--The final environmental impact statement for
an energy project shall include an adequate level of detail
to inform decisions necessary for the role of any Federal
agency involved in the environmental review and authorization
process for the energy project.
(C) Extension of deadline.--The head of a lead agency may
extend the deadline under subparagraph (A) if--
(i) Federal law prohibits the lead agency or another agency
from issuing an approval or permit within the period
described in that subparagraph;
(ii) the project sponsor requests that the permit or
approval follow a different timeline; or
(iii) an extension would facilitate completion of the
environmental review and authorization process of the energy
project.
(2) Energy project schedule.--To the maximum extent
practicable and consistent with applicable Federal law, for
an energy project, the lead agency shall develop, in
concurrence with the project sponsor, a schedule for the
energy project that is consistent with a time period of not
more than 2 years for the completion of the environmental
review and authorization process for an energy project, as
measured from, as applicable--
(A) the date of publication of a notice of intent to
prepare an environmental impact statement to the record of
decision; or
(B) the date on which the head of the lead agency
determines that an environmental assessment is required to a
finding of no significant impact.
(3) Length of environmental impact statement.--
(A) In general.--Notwithstanding any other provision of law
and except as provided in subparagraph (B), to the maximum
extent practicable, the text of the items described in
paragraphs (4) through (6) of section 1502.10(a) of title 40,
Code of Federal Regulations (or successor regulations), of an
environmental impact statement for an energy project shall be
200 pages or fewer.
(B) Exemption.--The text referred to in subparagraph (A) of
an environmental impact statement for an energy project may
exceed 200 pages if the lead agency establishes a new page
limit for the environmental impact statement for that energy
project.
(c) Deadline for Filing Energy-related Causes of Action.--
(1) Definitions.--In this subsection:
(A) Agency action.--The term ``agency action'' has the
meaning given the term in section 551 of title 5, United
States Code.
(B) Energy-related cause of action.--The term ``energy-
related cause of action'' means a cause of action that--
(i) is filed on or after the date of enactment of this Act;
and
(ii) seeks judicial review of a final agency action to
issue a permit, license, or other form of agency permission
for an energy project.
(2) Deadline for filing.--
(A) In general.--Notwithstanding any other provision of
Federal law, an energy-related cause of action shall be filed
by--
(i) not later than 60 days after the date of publication of
the applicable final agency action; or
(ii) if another Federal law provides for an earlier
deadline than the deadline described in clause (i), the
earlier deadline.
(B) Prohibition.--An energy-related cause of action that is
not filed within the applicable time period described in
subparagraph (A) shall be barred.
(d) Application of Categorical Exclusions for Energy
Projects.--In carrying out requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
an energy project, a Federal agency may use categorical
exclusions designated under that Act in the implementing
regulations of any other agency, subject to the conditions
that--
(1) the agency makes a determination, in consultation with
the lead agency, that the categorical exclusion applies to
the energy project;
(2) the energy project satisfies the conditions for a
categorical exclusion under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(3) the use of the categorical exclusion does not otherwise
conflict with the implementing regulations of the agency,
except any list of the agency that designates categorical
exclusions.
SEC. 60605. FRACTURING AUTHORITY WITHIN STATES.
(a) Definition of Federal Land.--In this section, the term
``Federal land'' means--
(1) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(2) National Forest System land;
(3) land under the jurisdiction of the Bureau of
Reclamation; and
(4) land under the jurisdiction of the Corps of Engineers.
(b) State Authority.--
(1) In general.--A State shall have the sole authority to
promulgate or enforce any regulation, guidance, or permit
requirement regarding the treatment of a well by the
application of fluids under pressure to which propping agents
may be added for the expressly designed purpose of initiating
or propagating fractures in a target geologic formation in
order to enhance production of oil, natural gas, or
geothermal production activities on or under any land within
the boundaries of the State.
(2) Federal land.--The treatment of a well by the
application of fluids under pressure to which propping agents
may be added for the expressly designed purpose of initiating
or propagating fractures in a target geologic formation in
order to enhance production of oil, natural gas, or
geothermal production activities on Federal land shall be
subject to the law of the State in which the land is located.
SEC. 60606. FEDERAL LAND FREEDOM.
(a) Definitions.--In this section:
(1) Available federal land.--The term ``available Federal
land'' means any Federal land that, as of May 31, 2013--
[[Page S4333]]
(A) is located within the boundaries of a State;
(B) is not held by the United States in trust for the
benefit of a federally recognized Indian Tribe;
(C) is not a unit of the National Park System;
(D) is not a unit of the National Wildlife Refuge System;
and
(E) is not a congressionally designated wilderness area.
(2) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(3) State leasing, permitting, and regulatory program.--The
term ``State leasing, permitting, and regulatory program''
means a program established pursuant to State law that
regulates the exploration and development of oil, natural
gas, and other forms of energy on land located in the State.
(b) State Control of Energy Development and Production on
All Available Federal Land.--
(1) State leasing, permitting, and regulatory programs.--
Any State that has established a State leasing, permitting,
and regulatory program may--
(A) submit to the Secretaries of the Interior, Agriculture,
and Energy a declaration that a State leasing, permitting,
and regulatory program has been established or amended; and
(B) seek to transfer responsibility for leasing,
permitting, and regulating oil, natural gas, and other forms
of energy development from the Federal Government to the
State.
(2) State action authorized.--Notwithstanding any other
provision of law, on submission of a declaration under
paragraph (1)(A), the State submitting the declaration may
lease, permit, and regulate the exploration and development
of oil, natural gas, and other forms of energy on Federal
land located in the State in lieu of the Federal Government.
(3) Effect of state action.--Any action by a State to
lease, permit, or regulate the exploration and development of
oil, natural gas, and other forms of energy pursuant to
paragraph (2) shall not be subject to, or considered a
Federal action, Federal permit, or Federal license under--
(A) subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act'');
(B) division A of subtitle III of title 54, United States
Code;
(C) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); or
(D) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(c) No Effect on Federal Revenues.--
(1) In general.--Any lease or permit issued by a State
pursuant to subsection (b) shall include provisions for the
collection of royalties or other revenues in an amount equal
to the amount of royalties or revenues that would have been
collected if the lease or permit had been issued by the
Federal Government.
(2) Disposition of revenues.--Any revenues collected by a
State from leasing or permitting on Federal land pursuant to
subsection (b) shall be deposited in the same Federal account
in which the revenues would have been deposited if the lease
or permit had been issued by the Federal Government.
(3) Effect on state processing fees.--Nothing in this
section prohibits a State from collecting and retaining a fee
from an applicant to cover the administrative costs of
processing an application for a lease or permit.
SEC. 60607. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY
PIPELINE.
(a) Definition of Mountain Valley Pipeline.--In this
section, the term ``Mountain Valley Pipeline'' means the
Mountain Valley Pipeline project, as generally described and
approved in Federal Energy Regulatory Commission Docket Nos.
CP16-10 and CP19-477.
(b) Expedited Approval.--Notwithstanding any other
provision of law, not later than 21 days after the date of
enactment of this Act and for the purpose of facilitating the
completion of the Mountain Valley Pipeline--
(1) the Secretary of the Army shall issue all permits or
verifications necessary--
(A) to complete the construction of the Mountain Valley
Pipeline across the waters of the United States; and
(B) to allow for the operation and maintenance of the
Mountain Valley Pipeline;
(2) the Federal Energy Regulatory Commission shall approve
any amendments to the certificate of public convenience and
necessity issued by the Federal Energy Regulatory Commission
on October 13, 2017, and grant any extensions that are
necessary--
(A) to complete the construction of the Mountain Valley
Pipeline; and
(B) to allow for the operation and maintenance of the
Mountain Valley Pipeline;
(3) the Secretary of Agriculture shall amend the Land and
Resource Management Plan for the Jefferson National Forest in
a manner that is substantively identical to the record of
decision with respect to the Mountain Valley Pipeline issued
on January 11, 2021; and
(4) the Secretary of the Interior shall--
(A) reissue the biological opinion and incidental take
statement for the Mountain Valley Pipeline in a manner that
is substantively identical to the biological opinion and
incidental take statement previously issued on September 4,
2020; and
(B) grant all necessary rights-of-way and temporary use
permits in a manner that is substantively identical to the
those permits approved in the record of decision with respect
to the Mountain Valley Pipeline issued on January 14, 2021.
(c) Judicial Review.--No action taken by the Secretary of
the Army, the Federal Energy Regulatory Commission, the
Secretary of Agriculture, or the Secretary of the Interior
that grants an authorization, permit, verification,
biological opinion, incidental take statement, or any other
approval related to the Mountain Valley Pipeline, including
the issuance of any authorization, permit, verification,
authorization, biological opinion, incidental take statement,
or other approval described in subsection (b), shall be
subject to judicial review.
(d) Effect.--This section preempts any statute (including
any other section of this Act), regulation, judicial
decision, or agency guidance that is inconsistent with the
issuance of any authorization, permit, verification,
authorization, biological opinion, incidental take statement,
or other approval described in subsection (b).
SEC. 60608. FASTER PROJECT CONSULTATION.
Section 7(b)(1) of the Endangered Species Act of 1973 (16
U.S.C. 1536(b)(1)) is amended--
(1) in subparagraph (A), by striking ``90-day'' and
inserting ``60-day''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i)--
(i) by striking ``90 days'' and inserting ``60 days''; and
(ii) by striking ``90th day'' and inserting ``60th day'';
(B) in clause (i), in the matter preceding subclause (I),
by striking ``150th day'' and inserting ``100th day''; and
(C) in clause (ii), by striking ``150 or more'' and
inserting ``100 or more''.
SEC. 60609. NEW SOURCE REVIEW PERMITTING.
(a) Clarification of Definition of a Modification for
Emission Rate Increases, Pollution Control, Efficiency,
Safety, and Reliability Projects.--Paragraph (4) of section
111(a) of the Clean Air Act (42 U.S.C. 7411(a)) is amended--
(1) by inserting ``(A)'' before ``The term'';
(2) by inserting before the period at the end the
following: ``. For purposes of the preceding sentence, a
change increases the amount of any air pollutant emitted by
such source only if the maximum hourly emission rate of an
air pollutant that is achievable by such source after the
change is higher than the maximum hourly emission rate of
such air pollutant that was achievable by such source during
any hour in the 10-year period immediately preceding the
change''; and
(3) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), the term
`modification' does not include a change at a stationary
source that is designed--
``(i) to reduce the amount of any air pollutant emitted by
the source per unit of production; or
``(ii) to restore, maintain, or improve the reliability of
operations at, or the safety of, the source,
except, with respect to either clause (i) or (ii), when the
change would be a modification as defined in subparagraph (A)
and the Administrator determines that the increase in the
maximum achievable hourly emission rate of a pollutant from
such change would cause an adverse effect on human health or
the environment.''.
(b) Clarification of Definition of Construction for
Prevention of Significant Deterioration.--Subparagraph (C) of
section 169(2) of the Clean Air Act (42 U.S.C. 7479(2)) is
amended to read as follows:
``(C) The term `construction', when used in connection with
a major emitting facility, includes a modification (as
defined in section 111(a)) at such facility, except that for
purposes of this subparagraph a modification does not include
a change at a major emitting facility that does not result in
a significant emissions increase, or a significant net
emissions increase, in annual actual emissions at such
facility.''.
(c) Clarification of Definition of Modifications and
Modified for Nonattainment Areas.--Paragraph (4) of section
171 of the Clean Air Act (42 U.S.C. 7501) is amended to read
as follows:
``(4) The terms `modifications' and `modified' mean a
modification as defined in section 111(a)(4), except that
such terms do not include a change at a major emitting
facility that does not result in a significant emissions
increase, or a significant net emissions increase, in annual
actual emissions at such facility.''.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to treat
any change as a modification for purposes of any provision of
the Clean Air Act (42 U.S.C. 7401 et seq.) if such change
would not have been so treated as of the day before the date
of enactment of this Act.
SEC. 60610. PROHIBITION ON RETROACTIVE PERMIT VETOES.
Section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) is amended by striking subsection (c) and
inserting the following:
``(c) Authority of EPA Administrator.--
``(1) Possible prohibition of specification.--Until such
time as the Secretary has issued a permit under this section,
the Administrator may prohibit the specification (including
the withdrawal of specification) of any defined area as a
disposal site, and the Administrator may deny or restrict the
use
[[Page S4334]]
of any defined area for specification (including the
withdrawal of specification) as a disposal site, whenever the
Administrator determines, after notice and opportunity for
public hearings, that the discharge of such materials into
such area will have an unacceptable adverse effect on
municipal water supplies, shellfish beds and fishery areas
(including spawning and breeding areas), wildlife, or
recreational areas.
``(2) Consultation required.--Before making a determination
under paragraph (1), the Administrator shall consult with the
Secretary.
``(3) Written findings required.--The Administrator shall
set forth in writing and make public the findings and reasons
of the Administrator for making any determination under this
subsection.''.
______
SA 5384. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place in title IX, insert the
following:
SEC. ____. FUNDING FOR TITLE 42 IMPLEMENTATION.
(a) Appropriation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Director of the
Centers for Disease Control and Prevention, out of amounts in
the Treasury not otherwise appropriated, $1,000,000 for
fiscal year 2023, for the purpose described in paragraph (2).
(2) Use of funds.--The Director of the Centers for Disease
Control and Prevention shall use the amounts appropriated
under paragraph (1) for the continued implementation of the
orders by the Director pursuant to section 362 of the Public
Health Service Act (42 U.S.C. 265) regarding the suspension
of entry into the United States of persons from countries
where a quarantinable communicable disease exists, until the
date that is 120 days after the termination of the public
health emergency declared under section 319 of the Public
Health Service Act (42 U.S.C. 247d) with respect to COVID-19,
including renewals of such emergency.
(b) Prevention and Public Health Fund.--Section 4002(b) of
the Patient Protection and Affordable Care Act (42 U.S.C.
300u-11(b)) is amended--
(1) in paragraph (6), by striking ``each of fiscal years
2022 and 2023'' and inserting ``fiscal year 2022'';
(2) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively; and
(3) by inserting after paragraph (6) the following:
``(7) for fiscal year 2023, $999,000,000;''.
______
SA 5385. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PROVIDING DISCOUNTED INSULIN TO LOW- AND MIDDLE-
INCOME AMERICANS.
(a) In General.--There is appropriated to the Secretary of
Health and Human Services (referred to in this section as the
``Secretary''), out of any monies in the Treasury not
otherwise appropriated, $3,100,000,000 for fiscal year 2023,
to remain available through September 30, 2026, for making
payments to Federally-qualified health centers for purposes
of covering direct costs incurred by such centers for making
discounted insulin and epinephrine available to qualifying
center patients, as described in subsection (b).
(b) Insulin and Epinephrine Affordability.--
(1) In general.--If a Federally-qualified health center
participates in the drug discount program under section 340B
of the Public Health Service Act (42 U.S.C. 256b) and makes
insulin or injectable epinephrine available to its patients,
such center shall provide insulin and injectable epinephrine
at or below the discounted price paid by the center or
subgrantee of the center under the drug discount program
under such section 340B (plus a minimal administration fee)
to qualifying center patients through fiscal year 2026.
(2) Limitation.--As applicable, the cost of insulin and
injectable epinephrine made available to patients pursuant to
this subsection shall not exceed the cost of such insulin and
injectable epinephrine pursuant to the schedule of fees or
payment under section 330(k)(3)(G) of the Public Health
Service Act (42 U.S.C. 254b(k)(3)(G)).
(c) Payments.--The Secretary shall make prospective
quarterly payments to Federally-qualified health centers in
an amount that equals the sum of the following:
(1) The product of--
(A) the number of units of insulin furnished to qualifying
center patients in the previous quarter; and
(B) the direct costs of procuring and making available each
such unit of insulin at the discounted rate provided for
under this section.
(2) The product of--
(A) the number of units of injectable epinephrine furnished
to qualifying center patients in the previous quarter; and
(B) the direct costs of procuring and making available each
such unit of injectable epinephrine at the discounted rate
provided for under this section.
(d) Use of Payments.--Payments made to Federally-qualified
health centers under this section shall be used for the sole
purpose of covering direct costs incurred by such centers in
making insulin and injectable epinephrine available to
qualifying center patients under subsection (b).
(e) Definitions.--In this section:
(1) Federally-qualified health center.--The term
``Federally-qualified health center'' has the meaning given
such term in section 1905(l)(2)(B) of the Social Security Act
(42 U.S.C. 1396d(l)(2)(B)).
(2) Qualifying center patient.--The term ``qualifying
center patient'' means a patient of a Federally-qualified
health center whose household income is equal to or less than
350 percent of the Federal poverty line and who--
(A) has a cost-sharing requirement under a health insurance
plan for insulin or injectable epinephrine under which the
patient out-of-pocket share is more than 20 percent of the
total amount charged by the center for insulin or
epinephrine;
(B) has a high unmet deductible under a health insurance
plan; or
(C) has no health insurance.
(f) Prevention and Public Health Fund Offset.--Section
4002(b) of the Patient Protection and Affordable Care Act (42
U.S.C. 300u-11) is amended--
(1) in paragraph (6), by striking ``each of fiscal years
2022 and 2023'' and inserting ``fiscal year 2022'';
(2) by striking paragraphs (7) and (8);
(3) by redesignating paragraph (9) as paragraph (8); and
(4) by inserting after paragraph (6) the following:
``(7) for fiscal year 2027, $1,800,000,000; and''.
______
SA 5386. Mr. COTTON (for himself, Mr. Grassley, and Mr. Hagerty)
submitted an amendment intended to be proposed to amendment SA 5194
proposed by Mr. Schumer to the bill H.R. 5376, to provide for
reconciliation pursuant to title II of S. Con. Res. 14; which was
ordered to lie on the table; as follows:
In title VII, strike section 70001 and insert the
following:
SEC. 70001. FUNDING FOR THE DETENTION OF SINGLE ADULT
CRIMINAL ALIENS.
In addition to amounts otherwise available, there is
appropriated to U.S. Immigration and Customs Enforcement for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $400,000,000, which shall remain
available until expended, for necessary expenses of custody
operations for the detention of criminal aliens, as described
in section 236(c) of the Immigration and Nationality Act (8
U.S.C. 1226(c)).
______
SA 5387. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place in subtitle B of title V, insert
the following:
SEC. 502___. MANDATORY OUTER CONTINENTAL SHELF OIL AND GAS
LEASE SALES.
(a) Gulf of Mexico Oil and Gas Lease Sales.--
(1) Requirement.--Subject to paragraph (2), the Secretary
of the Interior (acting through the Director of the Bureau of
Ocean Energy Management) (referred to in this section as the
``Secretary'') shall conduct not fewer than 10 area-wide oil
and gas lease sales under the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) during the period beginning on
July 1, 2022, and ending on June 30, 2027.
(2) Schedule.--Not fewer than 2 area-wide oil and gas lease
sales required under paragraph (1) shall be held each year
during the period described in that paragraph in the
following planning areas of the Gulf of Mexico Region of the
outer Continental Shelf, as described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016):
(A) The Central Gulf of Mexico Planning Area.
(B) The Western Gulf of Mexico Planning Area.
(b) Cook Inlet Oil and Gas Lease Sales.--The Secretary
shall conduct not fewer than 1 oil and gas lease sale under
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) in the Cook Inlet Planning Area of the Alaska Region of
the outer Continental Shelf, as described in the 2017-2022
Outer Continental Shelf Oil and Gas Leasing Proposed Final
Program (November 2016), during the period beginning on July
1, 2022, and ending on June 30, 2027.
______
SA 5388. Mr. SCOTT of South Carolina (for himself, Mr. Toomey, Ms.
Lummis, Mr. Tillis, and Mr. Kennedy) submitted an amendment intended to
be proposed to amendment SA 5194 proposed by Mr. Schumer to the bill
H.R. 5376, to provide for reconciliation pursuant to title II of S.
Con. Res. 14; which was ordered to lie on the table; as follows:
[[Page S4335]]
Strike section 30002(a)(1) and insert the following:
(1) $837,500,000, to remain available until September 30,
2028, for the cost of providing direct loans, including the
costs of modifying such loans, and for grants, as provided
for in subsection (b), including to subsidize gross
obligations for the principal amount of direct loans, not to
exceed $4,000,000,000, to fund projects for lead abatement,
fire alarms, carbon monoxide detectors, and security and
crime prevention, of an eligible property;
______
SA 5389. Mr. MARSHALL submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table as follows:
At the end of title I, add the following:
Subtitle E--Ensuring Patient Access to Drugs and Biological Products
That Treat Serious Conditions
SEC. 14001. ENSURING PATIENT ACCESS TO DRUGS AND BIOLOGICAL
PRODUCTS THAT TREAT SERIOUS CONDITIONS.
Section 1192(e)(3) of the Social Security Act, as added by
section 11001, is amended by adding at the end the following
new subparagraphs:
``(D) Six protected classes.--A covered part D drug in a
category or class that is identified under section 1860D-
4(b)(3)(G)(iv).
``(E) Breakthrough therapies.--A drug or biological product
designated under section 506(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356(a)) as a breakthrough therapy
and approved under section 505 of such Act (21 U.S.C. 355) or
section 351 of the Public Health Service Act (42 U.S.C.
262).''.
SEC. 14002. REDUCTION OF ADDITIONAL IRS FUNDING FOR
ENFORCEMENT AND OPERATIONS.
Section 10301(a)(1)(A)(i) of this Act is amended--
(1) in subclause (II), by striking ``$45,637,400,000'' and
inserting ``$10,326,400,000''; and
(2) in subclause (III), by striking ``$25,326,400,000'' and
inserting ``$326,400,000''.
______
SA 5390. Mr. MARSHALL submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of section 11004, insert the following:
SEC. 11005. CONSULTATION REQUIREMENT.
As a condition of implementing the provisions of, including
the amendments made by, section 11001 and 11002, the
Secretary of Health and Humans Services shall consult with
other agencies including the Department of Commerce and
Office of the United States Trade Repesentative, to assess--
(1) the implications of implementing price controls on
pharmaceuticals for United States global competitiveness
compared to countries like China; and
(2) the potential United States economic impacts and
national security implications.
______
SA 5391. Mr. MARSHALL submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 1 of subtitle B of title I, add the
following:
SEC. 11005. CONSULTATION REQUIREMENT.
As a condition of implementing the provisions of, including
the amendments made by, section 11001 and 11002, the
Government Accountability Office shall to submit a report to
Congress with recommendations to ensure that the
implementation of such provisions does not--
(1) negatively impact the United States pharmaceutical
industry market competitiveness with China regarding
biopharmaceutical innovation and domestic manufacturing
capacity; or
(2) increase the United States' current importation levels
of essential generic drugs and drugs on the FDA shortages
list that are produced or manufactured by foreign entities in
China.
______
SA 5392. Mr. MARSHALL submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 5 of subtitle B of title I, add the
following:
SEC. 11406. REQUIREMENTS RELATING TO PAYMENT OF PHARMACY
BENEFIT MANAGERS UNDER MEDICARE PART D.
(a) Prescription Drug Plans.--Section 1860D-12(b) of the
Social Security Act (42 U.S.C. 1395w-112(b)) is amended by
adding at the end the following new paragraph:
``(8) Payment of pharmacy benefit managers.--
``(A) In general.--Each contract entered into with a PDP
sponsor under this part with respect to a prescription drug
plan offered by such sponsor shall provide that any pharmacy
benefit manager (or affiliate, subsidiary, or agent of a
pharmacy benefit manager) that manages prescription drug
coverage under a contract with such sponsor, shall not
receive fees from any entity or individual other than bona
fide service fees.
``(B) Definition of bona fide service fees.--For purposes
of this paragraph, `bona fide service fees' represent fair
market value for a bona fide, itemized service actually
performed on behalf of the fee recipient, that the recipient
would otherwise perform (or contract for) in the absence of
the service arrangement with the pharmacy benefit manager,
and that the pharmacy benefit manager does not pass on to
another party. A bona fide service fee must be a flat fixed
fee that is not based on, contingent upon, or otherwise
related to--
``(i) drug price, such as wholesale acquisition cost or
drug benchmark price (such as average wholesale price);
``(ii) discounts, rebates, fees, or other remuneration with
respect to prescription drugs dispensed to enrollees; or
``(iii) any other amounts prohibited by the Secretary.''.
(b) MA-PD Plans.--Section 1857(f)(3) of the Social Security
Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the
end the following new subparagraph:
``(E) Payment of pharmacy benefit managers.--Section 1860D-
12(b)(8).''.
______
SA 5393. Mr. HOEVEN submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. SENSE OF THE SENATE.
It is the sense of the Senate that it is in the interest of
the United States to ensure that family farms and small
businesses can utilize step-up in basis for inherited assets.
______
SA 5394. Mr. HOEVEN submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 110002.
______
SA 5395. Mr. HOEVEN submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. PROHIBITION ON IMPLEMENTATION OF SEC RULE.
Notwithstanding any other provision of law or regulation,
the Securities and Exchange Commission may not implement the
proposed rule of the Commission entitled ``The Enhancement
and Standardization of Climate-Related Disclosures for
Investors'' (87 Fed. Reg. 21334 (April 11, 2022)).
______
SA 5396. Mr. HOEVEN submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 136101.
______
SA 5397. Mr. HOEVEN submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In title II of the bill, strike subtitle G (relating to
National Service and Workforce Development in Support of
Climate Resilience and Mitigation).
______
SA 5398. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title VII, add the following:
SEC. 70008. RESTORING HOURS OF OPERATION AND PORTS OF ENTRY
ALONG THE NORTHERN BORDER.
The Commissioner of U.S. Customs and Border Protection
shall modify the hours of operation of all ports of entry
along the northern border to match the hours of operation at
such ports of entry as of February 2020.
______
SA 5399. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title VII, add the following:
SEC. 70008. ENHANCING BORDER SECURITY ALONG THE NORTHERN
BORDER.
The Commissioner of U.S. Customs and Border Protection
shall allocate additional resources to enhance border
security along
[[Page S4336]]
the international border between Canada and the United
States.
______
SA 5400. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 50262.
______
SA 5401. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60113 and all that follows through the end
of section 60201.
______
SA 5402. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 50261.
______
SA 5403. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 50265 and insert the following:
SEC. 50265. ENSURING ENERGY SECURITY.
(a) Annual Lease Sales.--
(1) In general.--Notwithstanding any other provision of
law, in accordance with the Mineral Leasing Act (30 U.S.C.
181 et seq.), beginning in fiscal year 2022, the Secretary
shall conduct a minimum of 4 oil and natural gas lease sales
annually in each of the following States:
(A) Wyoming.
(B) New Mexico.
(C) Colorado.
(D) Utah.
(E) Montana.
(F) North Dakota.
(G) Oklahoma.
(H) Nevada.
(I) Any other State in which there is land available for
oil and natural gas leasing under that Act.
(2) Requirement.--In conducting a lease sale under
paragraph (1) in a State described in that paragraph, the
Secretary shall include a minimum of 25 percent of the
outstanding nominated acreage in the applicable State under
part 3120 of title 43, Code of Federal Regulations (or
successor regulations).
(3) Replacement sales.--If, for any reason, a lease sale
under paragraph (2) for a calendar year is canceled, delayed,
or deferred, including for a lack of eligible parcels, the
Secretary shall conduct a replacement sale during the same
calendar year.
(b) Limitation on Issuance of Certain Leases or Rights-of-
way.--
(1) Definitions.--In this subsection:
(A) Federal land.--The term ``Federal land'' means public
lands (as defined in section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702)).
(B) Offshore lease sale.--The term ``offshore lease sale''
means an oil and gas lease sale--
(i) that is held by the Secretary in accordance with the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
and
(ii) that, if any acceptable bids have been received for
any tract offered in the lease sale, results in the issuance
of a lease.
(C) Onshore lease sale.--The term ``onshore lease sale''
means a quarterly oil and gas lease sale--
(i) that is held by the Secretary in accordance with
section 17 of the Mineral Leasing Act (30 U.S.C. 226); and
(ii) that, if any acceptable bids have been received for
any parcel offered in the lease sale, results in the issuance
of a lease.
(2) Limitation.--During the 10-year period beginning on the
date of enactment of this Act--
(A) the Secretary may not issue a right-of-way for wind or
solar energy development on Federal land unless--
(i) an onshore lease sale has been held during the 120-day
period ending on the date of the issuance of the right-of-way
for wind or solar energy development; and
(ii) the sum total of acres offered for lease in onshore
lease sales during the 1-year period ending on the date of
the issuance of the right-of-way for wind or solar energy
development is not less than the lesser of--
(I) 2,000,000 acres; and
(II) 50 percent of the acreage for which expressions of
interest have been submitted for lease sales during that
period; and
(B) the Secretary may not issue a lease for offshore wind
development under section 8(p)(1)(C) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) unless--
(i) an offshore lease sale has been held during the 1-year
period ending on the date of the issuance of the lease for
offshore wind development; and
(ii) the sum total of acres offered for lease in offshore
lease sales during the 1-year period ending on the date of
the issuance of the lease for offshore wind development is
not less than 60,000,000 acres.
(3) Savings.--Except as expressly provided in subparagraphs
(A) and (B) of paragraph (2), nothing in this paragraph
supersedes, amends, or modifies existing law.
______
SA 5404. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of section 10301, add the following:
(c) Limitations Related to the Internal Revenue Service.--
None of the funds appropriated under subsection (a)(1) may be
used to audit taxpayers with taxable incomes below $400,000.
______
SA 5405. Mr. HAGERTY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike part 3 of subtitle A of title I.
______
SA 5406. Mr. HAGERTY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 13301 and insert the following:
SEC. _____. REPEAL OF MODIFICATION OF EXCEPTIONS FOR
REPORTING OF THIRD PARTY NETWORK TRANSACTIONS.
(a) In General.--Section 6050W(e) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(e) Exception for De Minimis Payments by Third Party
Settlement Organizations.--A third party settlement
organization shall be required to report any information
under subsection (a) with respect to third party network
transactions of any participating payee only if--
``(1) the amount which would otherwise be reported under
subsection (a)(2) with respect to such transactions exceeds
$20,000, and
``(2) the aggregate number of such transactions exceeds
200.''.
(b) Conforming Amendment.--Section 6050W(c)(3) of the
Internal Revenue Code of 1986 is amended by striking
``described in subsection (d)(3)(A)(iii)''.
(c) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to returns for calendar years beginning after December
31, 2021.
(2) Clarification.--The amendment made by subsection (b)
shall apply to transactions after the date of the enactment
of the American Rescue Plan Act of 2021.
______
SA 5407. Mr. HAGERTY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In title VII, strike section 70001 and insert the
following:
SEC. 70001. FUNDING FOR THE DEPORTATION AND REMOVAL OF
ILLEGAL ALIENS WHO HAVE COMMITTED FELONY
CRIMINAL OFFENSES IN THE UNITED STATES.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Homeland Security for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $440,000,000, to remain available until
expended, for necessary expenses of U.S. Immigration and
Customs Enforcement for operations and support for
enforcement, detention, and removal operations relating to
illegal aliens who have committed felony criminal offenses in
the United States.
______
SA 5408. Mr. COTTON submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 1 and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joe Manchin's Build Back
Even Better Act''.
______
SA 5409. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 6 of subtitle B of title V, add the
following:
SEC. 5026_. MANDATORY ADDITIONAL ONSHORE OIL AND GAS LEASE
SALES IN CERTAIN STATES.
(a) Requirement.--Subject to subsections (b) and (c), not
later than December 31, 2022,
[[Page S4337]]
the Secretary of the Interior (acting through the Director of
the Bureau of Land Management) shall conduct an oil and gas
lease sale under the Mineral Leasing Act (30 U.S.C. 181 et
seq.) in each of the States in which the Bureau of Land
Management conducted lease sales in June 2022.
(b) Parcels.--The oil and gas lease sales required under
subsection (a) shall include, at a minimum, all parcels--
(1) that were evaluated under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) process for the
June 2022 sales; but
(2) that were deferred by the applicable Bureau of Land
Management State Director.
(c) Additional Lease Sales.--The oil and gas lease sales
required under subsection (a) shall be conducted in addition
to the quarterly oil and gas lease sales required under
section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)(A)).
______
SA 5410. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike part 6 of subtitle A of title 5 and insert the
following:
PART 6--NATIONAL PARK SYSTEM DEFERRED MAINTENANCE
SEC. 50161. ADDRESSING DEFERRED MAINTENANCE IN THE NATIONAL
PARK SYSTEM.
(a) Definitions.--In this section:
(1) Asset.--The term ``asset'' means any real property,
including any physical structure or grouping of structures,
landscape, trail, or other tangible property, that--
(A) has a specific service of function; and
(B) is tracked and managed as a distinct, identifiable
entity by the National Park Service.
(2) Project.--The term ``project'' means any activity to
reduce or eliminate deferred maintenance of an asset, which
may include resolving directly related infrastructure
deficiencies of the asset that would not by itself be
classified as deferred maintenance.
(b) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of the
Interior for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $3,000,000,000 to remain
available through September 30, 2024, to carry out this
section.
(c) Use of Funds.--The Secretary of the Interior shall use
funds made available under subsection (b) for priority
deferred maintenance projects in the National Park System.
(d) Limitations.--
(1) Non-transportation projects.--Not less than 65 percent
of funds made available under subsection (a) shall be used
for non-transportation projects.
(2) Transportation projects.--The amounts made available
under subsection (b) that are remaining after the allocations
required under paragraph (1) may be allocated for
transportation projects of the National Park Service,
including paved and unpaved roads, bridges, tunnels, and
paved parking areas.
(3) Plan.--Any priority deferred maintenance project funded
under this section shall be consistent with an applicable
transportation, deferred maintenance, or capital improvement
plan developed by the National Park Service.
(e) Prohibited Use of Funds.--No amounts made available
under subsection (b) shall be used--
(1) for land acquisition;
(2) to supplant discretionary funding made available for
annually recurring facility operations, maintenance, and
construction needs; or
(3) for bonuses for employees of the Federal Government
that are carrying out this section.
______
SA 5411. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 1 of subtitle A of title I, add the
following:
SEC. 1010_. ALLOWANCE OF CERTAIN DEDUCTIONS IN DETERMINING
APPLICABLE FINANCIAL STATEMENT INCOME.
(a) In General.--Section 56A(c), as added by section 10101,
is amended by redesignating paragraph (15) as paragraph (16)
and by inserting after paragraph (14) the following new
paragraph:
``(15) Adjustment for the production of oil, coal, and
natural gas and for mining.--
``(A) In general.--Adjusted financial statement income
shall be--
``(i) appropriately adjusted to disregard any amount of
qualified expense that is taken into account on the
taxpayer's applicable financial statement, and
``(ii) reduced by the amount of qualified expenses which
are deductible under this chapter to the extent allowed as a
deduction in computing taxable income for the taxable year.
``(B) Qualified expenses.--For purposes of this paragraph,
the term `qualified expenses' means--
``(i) any intangible drilling and development costs (within
the meaning of section 263(c)),
``(ii) geological and geophysical expenditures (within the
meaning of section 167(h)),
``(iii) qualified tertiary injectant expenses (as defined
in section 193(b)),
``(iv) expenses to which sections 616 and 617 apply, and
``(v) amounts allowable as a depletion deduction under
section 611.''.
SEC. 1010_. PERMANENT EXTENSION OF LIMITATION ON DEDUCTION
FOR STATE AND LOCAL, ETC., TAXES.
(a) In General.--Paragraph (6) of section 164(b) is amended
by striking ``, and before January 1, 2026''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5412. Mr. BARRASSO (for himself, Ms. Collins, and Mr. Wicker)
submitted an amendment intended to be proposed to amendment SA 5194
proposed by Mr. Schumer to the bill H.R. 5376, to provide for
reconciliation pursuant to title II of S. Con. Res. 14; which was
ordered to lie on the table; as follows:
At the end of title I, add the following:
Subtitle E--Ensuring Access to Drugs and Biological Products That Treat
Rare Diseases and Conditions
SEC. 14001. ENSURING ACCESS TO DRUGS AND BIOLOGICAL PRODUCTS
THAT TREAT RARE DISEASES AND CONDITIONS.
Sec. 1192(e)(3)(A) of the Social Security Act, as added by
section 11001, is amended to read as follows:
``(A) Certain orphan drugs.--A drug that is designated
under section 526 of the Federal Food, Drug, and Cosmetic Act
for a rare disease or condition and is approved only for an
indication or indications for a rare disease or condition.''.
SEC. 14002. REDUCTION OF ADDITIONAL IRS FUNDING FOR
OPERATIONS SUPPORT.
Section 10301(a)(1)(A)(i)(III) of this Act is amended by
striking ``$25,326,400,000'' and inserting
``$10,326,400,000''.
______
SA 5413. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of section 11004, insert the following:
SEC. 11005. ENSURING THAT QUALITY-ADJUSTED LIFE YEAR (QALY)
MEASURES ARE NOT USED IN CONSIDERATION OF THE
MAXIMUM FAIR PRICE UNDER THE DRUG PRICE
NEGOTIATION PROGRAM.
Section 1194(e)(2) of the Social Security Act, as added by
section 11001, is amended by inserting at the end of the
flush matter following subparagraph (D) the following new
sentence: ``Additionally, the Secretary shall not use
evidence or findings relating to a drug's ability or
inability to extend a patient's life in considering
information described in subparagraph (C).''.
______
SA 5414. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. FEDERAL PAYMENTS TO STATES.
(a) In General.--Notwithstanding section 504(a),
1902(a)(23), 1903(a), 2002, 2005(a)(4), 2102(a)(7), or
2105(a)(1) of the Social Security Act (42 U.S.C. 704(a),
1396a(a)(23), 1396b(a), 1397a, 1397d(a)(4), 1397bb(a)(7),
1397ee(a)(1)), or the terms of any Medicaid waiver in effect
on the date of enactment of this Act that is approved under
section 1115 or 1915 of the Social Security Act (42 U.S.C.
1315, 1396n), for the 1-year period beginning on the date of
enactment of this Act, no Federal funds provided from a
program referred to in this subsection that is considered
direct spending for any year may be made available to a State
for payments to a prohibited entity, whether made directly to
the prohibited entity or through a managed care organization
under contract with the State.
(b) Definitions.--In this section:
(1) Prohibited entity.--The term ``prohibited entity''
means an entity, including its affiliates, subsidiaries,
successors, and clinics--
(A) that, as of the date of enactment of this Act--
(i) is an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code;
(ii) is an essential community provider described in
section 156.235 of title 45, Code of Federal Regulations (as
in effect on the date of enactment of this Act), that is
primarily engaged in family planning services, reproductive
health, and related medical care; and
(iii) provides for abortions, other than an abortion--
(I) if the pregnancy is the result of an act of rape or
incest; or
[[Page S4338]]
(II) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself; and
(B) for which the total amount of Federal and State
expenditures under the Medicaid program under title XIX of
the Social Security Act in fiscal year 2014 made directly to
the entity and to any affiliates, subsidiaries, successors,
or clinics of the entity, or made to the entity and to any
affiliates, subsidiaries, successors, or clinics of the
entity as part of a nationwide health care provider network,
exceeded $1,000,000.
(2) Direct spending.--The term ``direct spending'' has the
meaning given that term under section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)).
SEC. __. THE PREVENTION AND PUBLIC HEALTH FUND.
Subsection (b) of section 4002 of the Patient Protection
and Affordable Care Act (42 U.S.C. 300u-11) is amended--
(1) in paragraph (6), by striking ``each of fiscal years
2022 and 2023'' and inserting ``fiscal year 2022''; and
(2) by striking paragraphs (7) through (9).
SEC. __. COMMUNITY HEALTH CENTER PROGRAM.
Section 10503(b)(1)(F) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is amended by
inserting ``, and an additional $442,000,000 for fiscal year
2022'' after ``2023''.
______
SA 5415. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. _____. PERMANENT EXTENSION OF SAFE HARBOR FOR ABSENCE OF
DEDUCTIBLE FOR TELEHEALTH.
(a) In General.--Section 223(c)(2)(E) of the Internal
Revenue Code of 1986 is amended by striking ``In the case of
plan years beginning on or before December 31, 2021, or in
the case of months beginning after March 31, 2022, and before
January 1, 2023, a plan'' and inserting ``A plan''.
(b) Certain Coverage Disregarded.--Section 223(c)(1)(B)(ii)
of the Internal Revenue Code of 1986 is amended by striking
``(in the case of plan years beginning on or before December
31, 2021, or in the case of months beginning after March 31,
2022, and before January 1, 2023)''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2022.
SEC. __. TELEHEALTH SERVICES AS INDEPENDENT, NONCOORDINATED
BENEFITS.
(a) PHSA.--Section 2791(c)(3) of the Public Health Service
Act (42 U.S.C. 300gg-91(c)(3)) is amended by adding at the
end the following:
``(C) Coverage only for telehealth services.''.
(b) ERISA.--Section 733(c)(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1191b(c)(3)) is
amended by adding at the end the following:
``(C) Coverage only for telehealth services.''.
(c) IRC.--Section 9832(c)(3) of the Internal Revenue Code
of 1986 is amended by adding at the end the following:
``(C) Coverage only for telehealth services.''.
______
SA 5416. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. FEDERAL STUDENT LOAN INTEGRITY.
(a) Prohibition.--The Secretary of Education may not use
the authority under section 2(a)(1) of the Higher Education
Relief Opportunities for Students Act of 2003 (20 U.S.C.
1098bb(a)(1)) to issue a waiver or modification, or to extend
a waiver or modification issued before the date of enactment
of this Act, of any statutory or regulatory provision
applicable to the student financial assistance programs under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.) in connection with the national emergency declared
by the President on March 13, 2020, pursuant to the National
Emergencies Act (50 U.S.C. 1601 et seq.) (Proclamation 9994).
(b) Limitation on Waivers and Modifications.--Section
2(a)(1) of the Higher Education Relief Opportunities for
Students Act of 2003 (20 U.S.C. 1098bb(a)(1)) is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(A) Authority of secretary.--Except as provided in
subparagraph (B), notwithstanding''; and
(2) by adding at the end the following:
``(B) Limitation.--A waiver or modification under paragraph
(1) may not--
``(i) provide for a period that exceeds 60 days during
which--
``(I) payments of principal or interest due on loans made,
insured, or guaranteed under part B, D, or E of title IV of
the Act are suspended; or
``(II) interest does not accrue on such loans; or
``(ii) result in the discharge or cancellation of a loan
made, insured, or guaranteed under part B, D, or E of title
IV of the Act.''.
(c) No Loan Forgiveness Authority.--
(1) Removal of loan forgiveness authority.--Section
432(a)(6) of the Higher Education Act of 1965 (20 U.S.C.
1082(a)(6)) is amended by striking ``, pay, compromise,
waive, or release''.
(2) No authority for any loan forgiveness plan.--The
amendment made by paragraph (1) shall prohibit the President
or the Secretary of Education from--
(A) cancelling $10,000 in student loan debt under part B or
D of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.; 1087a et seq.) for borrowers with an annual
income of not more than $125,000; or
(B) carrying out any other loan forgiveness program not
explicitly authorized under such title.
______
SA 5417. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 9 of subtitle D of title I, insert the
following:
SEC. 1390_. INCOME LIMITATION FOR INCREASED PREMIUM TAX
CREDIT.
(a) In General.--Section 36B(b)(3)(A) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new clause:
``(iv) Limitation for 2023 through 2025.--In the case of a
taxable year beginning in 2023, 2024, or 2025, the table
contained in clause (iii)(II) shall be applied by
substituting `up to 700 percent' for `and higher'.''.
(b) Conforming Amendment.--Subparagraph (E) of section
36B(c)(1) of the Internal Revenue Code of 1986, as amended by
this Act, is further amended by striking ``In the case of a
taxable year'' and all that follows and inserting ``In the
case of--
``(i) a taxable year beginning in 2021 or 2022,
subparagraph (A) shall be applied without regard to `but does
not exceed 400 percent', and
``(ii) a taxable year beginning in 2023, 2024, or 2025,
subparagraph (A) shall be applied by substituting `700
percent' for `400 percent'.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 1390_. TREATMENT OF DIETARY SUPPLEMENTS AS MEDICAL
EXPENSES.
(a) In General.--Subsection (d) of section 213 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(12) Dietary supplements.--In the case of taxable years
beginning before January 1, 2024, amounts paid for dietary
supplements shall be treated as paid for medical care. For
purposes of this paragraph, the term `dietary supplement' has
the meaning given such term by section 201(ff) of the Federal
Food, Drug, and Cosmetic Act.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5418. Mr. SHELBY submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 6 of subtitle B of title V, add the
following:
SEC. 5026_____. MANDATORY LEASING FOR CERTAIN QUALIFIED
APPLICATIONS.
(a) Definitions.--In this section:
(1) Coal lease.--The term ``coal lease'' means a lease
entered into by the United States as lessor, through the
Bureau of Land Management, and the applicant on Bureau of
Land Management Form 3400-012.
(2) Qualified application.--The term ``qualified
application'' means any application pending under the lease
by application program administered by the Bureau of Land
Management pursuant to the Mineral Leasing Act (30 U.S.C. 181
et seq.) and subpart 3425 of title 43, Code of Federal
Regulations (as in effect on October 1, 2021), for which the
environmental review process under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) has commenced.
(b) Mandatory Leasing and Other Required Approvals.--As
soon as practicable after the date of enactment of this Act,
the Secretary shall promptly--
(1) with respect to each qualified application--
(A) if not previously published for public comment, publish
a draft environmental assessment, as required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and any applicable implementing regulations;
(B) finalize the fair market value of the coal tract for
which a lease by application is pending;
(C) take all intermediate actions necessary to grant the
qualified application; and
(D) grant the qualified application; and
(2) with respect to previously awarded coal leases, grant
any additional approvals of the Department of the Interior or
any bureau, agency, or division of the Department of the
[[Page S4339]]
Interior required for mining activities to commence.
______
SA 5419. Mr. ROUNDS submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60201.
______
SA 5420. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 9 of subtitle D of title I, insert the
following:
SEC. 13904. EMPLOYMENT VERIFICATION REQUIREMENT.
(a) Wage Requirement.--In the case of any requirement
described in any applicable wage requirement provision, a
taxpayer shall not be deemed to have satisfied such
requirement unless such taxpayer ensures that--
(1) with respect any laborers and mechanics described in
such applicable wage requirement provision, such laborers and
mechanics have had their employment eligibility confirmed
through the E-Verify program, as described in section 403(a)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note); and
(2) such taxpayer has required, as a condition of each
contract or subcontract, that any contractor or subcontractor
described in such applicable wage requirement provision
agrees to confirm the employment eligibility of any laborers
or mechanics employed by such contractor or subcontractor, as
described in paragraph (1).
(b) Apprenticeship Requirement.--In the case of any
requirement described in any applicable apprenticeship
provision, a taxpayer shall not be deemed to have satisfied
such requirement unless such taxpayer ensures that--
(1) with respect to any qualified apprentice described in
such applicable apprenticeship provision, such apprentice has
had their employment eligibility confirmed in the manner
described in paragraph (1) of subsection (a), and
(2) such taxpayer has required, as a condition of each
contract or subcontract, that any contractor or subcontractor
described in such applicable apprenticeship provision agrees
to confirm the employment eligibility of any qualified
apprentice employed by such contractor or subcontractor, as
described in such paragraph.
(c) Application.--Subsection (a) shall apply to--
(1) all covered, existing, and new hire workers employed by
any contractor or subcontractor which is described in any
applicable wage requirement provision, and
(2) all qualified apprentices employed by any contractor or
subcontractor which is described in any applicable
apprenticeship provision.
(d) Penalty.--In the case of any taxpayer which fails to
satisfy the requirement under subsection (a) with respect to
any laborer or mechanic or the requirement under subsection
(b) with respect to any qualified apprentice, such taxpayer
shall make payment to the Secretary of a penalty in an amount
equal to the product of--
(1) $5,000, multiplied by
(2) the total number of laborers, mechanics, and qualified
apprentices for whom the taxpayer failed to satisfy the
requirement under subsection (a) or (b), as applicable.
(e) Anti-discrimination.--Any employer who complies with
the requirements described in this section shall not be found
to have violated--
(1) section 274B of the Immigration and Nationality Act (8
U.S.C. 1324b); or
(2) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(f) Adjustment of Certain Credits.--
(1) Renewable electricity production credit.--
(A) In general.--Section 45 of the Internal Revenue Code of
1986, as amended by section 13101, is amended--
(i) in subsection (a)(1), by striking ``0.3 cents'' and
inserting ``0.29 cents'', and
(ii) in subsection (b)(2)--
(I) by striking ``0.3 cents'' and inserting ``0.29 cents'',
and
(II) by striking ``0.05 cent'' each place it appears and
inserting ``0.01 cent''.
(B) Effective date.--The amendments made by this paragraph
shall apply to facilities placed in service after December
31, 2021.
(2) Energy credit.--
(A) In general.--Section 48 of the Internal Revenue Code of
1986, as amended by section 13102, is amended--
(i) in paragraph (2)(A)--
(I) in clause (i), by striking ``6 percent'' and inserting
``5.9 percent'', and
(II) in clause (ii), by striking ``2 percent'' and
inserting ``1.9 percent'', and
(ii) in paragraph (5)(A)(ii), by striking ``6 percent'' and
inserting ``5.9 percent''.
(B) Effective date.--The amendments made by this paragraph
shall apply to property placed in service after December 31,
2021.
(g) Definitions.--In this section--
(1) Applicable apprenticeship provision.--The term
``applicable apprenticeship provision'' means any of the
following sections of the Internal Revenue Code of 1986:
(A) Section 30C(g)(3).
(B) Section 45(b)(8).
(C) Section 45Q(h)(4).
(D) Section 45V(e)(4).
(E) Section 45Y(g)(10).
(F) Section 45Z(f)(7).
(G) Section 48(a)(11).
(H) Section 48C(e)(6).
(I) Section 48D(d)(4).
(J) Section 179D(b)(5).
(2) Applicable wage requirement provision.--The term
``applicable wage requirement provision'' means any of the
following sections of the Internal Revenue Code of 1986:
(A) Section 30C(g)(2)(A).
(B) Section 45(b)(7)(A).
(C) Section 45L(g)(2)(A).
(D) Section 45Q(h)(3)(A).
(E) Section 45U(d)(2)(A).
(F) Section 45V(e)(3)(A).
(G) Section 45Y(g)(9).
(H) Section 45Z(f)(6)(A).
(I) Section 48(a)(10)(A).
(J) Section 48C(e)(5)(A).
(K) Section 48D(d)(3).
(L) Section 179D(b)(4)(A).
(3) Qualified apprentice.--The term ``qualified
apprentice'' has the same meaning given such term in section
45(b)(8)(E)(ii) of the Internal Revenue Code of 1986.
______
SA 5421. Mr. GRASSLEY (for himself and Mr. Young) proposed an
amendment to amendment SA 5194 proposed by Mr. Schumer to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; as follows:
At the end of title I, insert the following:
Subtitle _--Middle-class Inflation Relief
SEC. 10_01. MODIFICATION OF CAPITAL GAIN RATES.
(a) Expansion of Zero Percent Rate.--
(1) In general.--Section 1(h) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
paragraph:
``(12) Special rule for taxable years beginning in 2023.--
``(A) In general.--In the case of any taxable year
beginning after 2022 and before 2024, paragraph (1)(B)(i)
shall be applied by substituting `below the maximum zero rate
amount' for `which would (without regard to this paragraph)
be taxed at a rate below 25 percent'.
``(B) Maximum zero rate amount.--The maximum zero rate
amount shall be--
``(i) in the case of a joint return or surviving spouse,
$165,000,
``(ii) in the case of any other individual (other than an
estate or trust), an amount equal to \1/2\ of the amount in
effect for the taxable year under clause (i), and
``(iii) in the case of an estate or trust, $2,600.
``(C) Inflation adjustment.--In the case of any taxable
year beginning after 2022, each of the dollar amounts in
subparagraph (B) shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
subsection (f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2017'
for `calendar year 2016' in subparagraph (A)(ii) thereof.
If any increase under this subparagraph is not a multiple of
$50, such increase shall be rounded to the next lowest
multiple of $50.''.
(2) Conforming amendment.--Paragraph (5) of section 1(j) of
such Code is amended by adding at the end the following new
subparagraph:
``(D) Special rule for certain taxable years.--In the case
of any taxable year beginning after 2022 and before 2024,
subparagraph (A) shall be applied without regard to clause
(i) thereof.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 10_02. PARTIAL EXCLUSION OF CERTAIN INTEREST RECEIVED BY
INDIVIDUALS.
(a) In General.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to amounts
specifically excluded from gross income) is amended by
inserting after section 115 the following new section:
``SEC. 116. PARTIAL EXCLUSION OF CERTAIN INTEREST RECEIVED BY
INDIVIDUALS.
``(a) Exclusion From Gross Income.--Gross income does not
include the sum of the amounts received during the taxable
year by an individual as qualified interest.
``(b) Limitations.--The aggregate amount excluded under
subsection (a) for any taxable year shall not exceed $300
($600 in the case of a joint return).
``(c) Qualified Interest.--For purposes of this section--
``(1) In general.--The term `qualified interest' means any
interest other than interest excluded from gross income under
any other provision of this chapter.
``(2) Special rules for dividends received from certain
money market mutual funds.--
``(A) In general.--The term `qualified interest' shall
include qualified interest-related dividends.
``(i) In general.--Except as provided in clause (ii), a
qualified interest-related dividend is any dividend or part
thereof (other than a capital gain dividend or exempt
interest dividend)--
[[Page S4340]]
``(I) paid by a regulated investment company regulated as a
money market fund under section 270.2a-7 of title 17, Code of
Federal Regulations, and
``(II) reported by the company as a qualified interest-
related dividend in written statements furnished to its
shareholders.
``(ii) Excess reported amounts.--If the aggregate reported
amount with respect to the company for any taxable year
exceeds the applicable qualified interest of the company for
such taxable year, a qualified interest-related dividend is
the excess of--
``(I) the reported qualified interest-related dividend
amount, over
``(II) the excess reported amount which is allocable to
such reported qualified interest-related dividend amount.
``(iii) Allocation of excess reported amount.--
``(I) In general.--Except as provided in subclause (II),
the excess reported amount (if any) which is allocable to the
reported qualified interest-related dividend amount is that
portion of the excess reported amount which bears the same
ratio to the excess reported amount as the reported qualified
interest-related dividend amount bears to the aggregate
reported amount.
``(II) Special rule for noncalendar year taxpayers.--In the
case of any taxable year which does not begin and end in the
same calendar year, if the post-December reported amount
equals or exceeds the excess reported amount for such taxable
year, subclause (I) shall be applied by substituting `post-
December reported amount' for `aggregate reported amount' and
no excess reported amount shall be allocated to any dividend
paid on or before December 31 of such taxable year.
``(iv) Definitions.--For purposes of this subparagraph--
``(I) Reported qualified interest-related dividend
amount.--The term `reported qualified interest-related
dividend amount' means the amount reported to its
shareholders under clause (i) as a qualified interest-related
dividend.
``(II) Excess reported amount.--The term `excess reported
amount' means the excess of the aggregate reported amount
over the applicable qualified interest of the company for the
taxable year.
``(III) Aggregate reported amount.--The term `aggregate
reported amount' means the aggregate amount of dividends
reported by the company under clause (i) as qualified
interest-related dividends for the taxable year (including
qualified interest-related dividends paid after the close of
the taxable year described in section 855).
``(IV) Post-december reported amount.--The term `post-
December reported amount' means the aggregate reported amount
determined by taking into account only dividends paid after
December 31 of the taxable year.
``(V) Applicable qualified interest.--The term `applicable
qualified interest' means interest described in paragraph
(1).
``(d) Nonresident Aliens Ineligible for Exclusion.--
Subsection (a) shall not apply to any nonresident alien
individual.
``(e) Regulations.--The Secretary may prescribe such
regulations as are appropriate (including regulations
requiring reporting) to apply this section in the case of
interest received--
``(1) from partnerships and S corporations, and
``(2) from a trade or business of the taxpayer.
``(f) Termination.--This section shall not apply to any
taxable year beginning after December 31, 2024.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 265(a) of such Code is amended
by inserting before the period at the end the following: ``,
or to purchase or carry obligations or shares, or to make
deposits, to the extent the interest thereon is excludable
from gross income under section 116''.
(2) Subsection (c) of section 584 of such Code is amended
by adding at the end the following: ``The proportionate share
of each participant in the amount of qualified interest (as
defined in section 116) received by the common trust fund
shall be considered for purposes of such section as having
been received by such participant.''.
(3) Subsection (a) of section 643 of such Code is amended
by redesignating paragraph (7) as paragraph (8) and by
inserting after paragraph (6) the following new paragraph:
``(7) Qualified interest.--There shall be included the
amount of any qualified interest (as defined in section 116)
excluded from gross income pursuant to section 116 (reduced
by amounts which would be deductible in respect of
disbursements allocable to such income but for the provisions
of section 265).''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 10_03. INFLATION ADJUSTMENT FOR CERTAIN TAX BENEFITS.
(a) Child Tax Credit.--
(1) In general.--Subsection (h) of section 24 of such Code
is amended by adding at the end the following new paragraph:
``(8) Adjustment for inflation.--
``(A) In general.--In the case of a taxable year beginning
after 2021 and before 2023, the $2,000 amount in paragraph
(2) and each of the dollar amounts in paragraph (3) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `2020' for `2016' in
subparagraph (A)(ii) thereof.
``(B) Rounding.--If any increase under subparagraph (A)--
``(i) is not a multiple of $100, in the case of the amount
in paragraph (2), such increase shall be rounded to the next
lowest multiple of $100, or
``(ii) is not a multiple of $1,000, in the case of the
amounts in paragraph (3), such increase shall be rounded to
the next lowest multiple of $1,000.''.
(2) Partial credit for certain other dependents.--Paragraph
(4) of section 24(h) of such Code is amended by adding at the
end the following new subparagraph:
``(D) Adjustment for inflation.--In the case of a taxable
year beginning after 2021 and before 2023, the $500 amount in
subparagraph (A) shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `2020' for `2016' in
subparagraph (A)(ii) thereof.
If any increase under this paragraph is not a multiple of
$50, such increase shall be rounded to the next lowest
multiple of $50.''.
(b) Credit for Household and Dependent Care Services.--
Subsection (e) of section 21 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
paragraph:
``(11) Adjustments for inflation.--
``(A) In general.--In the case of a taxable year beginning
after 2021 and before 2023, the $15,000 amount in subsection
(a)(2) and the $3,000 and $6,000 amounts in subsection (c)
shall each be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `2020' for `2016' in
subparagraph (A)(ii) thereof.
``(B) Rounding.--If any increase under subparagraph (A)--
``(i) is not a multiple of $100, in the case of the amounts
in subsection (c), such increase shall be rounded to the next
lowest multiple of $100, or
``(ii) is not a multiple of $1,000, in the case of the
amount in subsection (a)(2), such increase shall be rounded
to the next lowest multiple of $1,000.''.
(c) American Opportunity and Lifetime Learning Credits.--
(1) American opportunity tax credit.--Subsection (b) of
section 25A of the Internal Revenue Code of 1986 is amended
by adding at the end the following new paragraph:
``(5) Adjustment for inflation.--In the case of a taxable
year beginning after 2021 and before 2023, the $2,000 and
$4,000 amounts in paragraph (1) shall each be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `2020' for `2016' in
subparagraph (A)(ii) thereof.
If any increase under this paragraph is not a multiple of
$100, such increase shall be rounded to the next lowest
multiple of $100.''.
(2) Lifetime learning credit.--Subsection (c) of section
25A of the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(3) Adjustment for inflation.--In the case of a taxable
year beginning after 2021 and before 2023, the $10,000 amount
in paragraph (1) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `2020' for `2016' in
subparagraph (A)(ii) thereof.
If any increase under this paragraph is not a multiple of
$100, such increase shall be rounded to the next lowest
multiple of $100.''.
(3) Limitations based on modified adjusted gross income.--
Subsection (d) of section 25A of the Internal Revenue Code of
1986 is amended by adding at the end the following new
paragraph:
``(3) Adjustment for inflation.--In the case of a taxable
year beginning after 2021 and before 2023, each of the dollar
amounts in paragraph (1) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `2020' for `2016' in
subparagraph (A)(ii) thereof.
If any increase under this paragraph is not a multiple of
$1,000, such increase shall be rounded to the next lowest
multiple of $1,000.''.
(d) Deduction for Interest on Education Loans.--
(1) In general.--Subsection (f) of section 221 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(f) Adjustments for Inflation.--
``(1) Limitation.--In the case of a taxable year beginning
after 2021 and before 2023, the $2,500 amount in subsection
(b)(1) and the $15,000 and $30,000 amounts in subsection
(b)(2)(B)(ii) shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar
[[Page S4341]]
year in which the taxable year begins, determined by
substituting `2020' for `2016' in subparagraph (A)(ii)
thereof, and
``(2) Income thresholds.--In the case of a taxable year
beginning after 2002, the $50,000 and $100,000 amounts in
subsection (b)(2)(B)(i)(II) shall each be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `2001' for `2016' in
subparagraph (A)(ii) thereof.
``(3) Rounding.--If any increase under this subsection--
``(A) is not a multiple of $100, in the case of the amount
in subsection (b)(1), such increase shall be rounded to the
next lowest multiple of $100, or
``(B) is not a multiple of $1,000, in the case of the
amounts in subsection (b)(2)(B)(ii) and (b)(2)(B)(i)(II),
such increase shall be rounded to the next lowest multiple of
$1,000.''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 10_04. EXTENSION OF LIMITATION ON DEDUCTION FOR STATE
AND LOCAL, ETC., TAXES.
(a) In General.--Section 164(b)(6) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``January 1, 2026'' and inserting ``January
1, 2027'', and
(2) by striking ``2025'' in the heading thereof and
inserting ``2026''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 10_05. REDUCTION IN ADDITIONAL INTERNAL REVENUE SERVICE
ENFORCEMENT FUNDING.
Section 10301(a)(1)(A)(i)(II) of this Act is amended by
striking ``$45,637,400,000'' and inserting
``$25,637,400,000''.
______
SA 5422. Mr. HOEVEN submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
On page 1389, strikes lines 15 through 21 and insert the
following:
``(B) in the case of an electricity generating facility,
not less than 18,750 metric tons of qualified carbon oxide
during the taxable year, and
______
SA 5423. Mrs. BLACKBURN (for herself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
Strike section 11002 and insert the following:
SEC. 11002. SPECIAL RULE TO DELAY SELECTION AND NEGOTIATION
OF BIOLOGICS FOR BIOSIMILAR MARKET ENTRY.
(a) Treatment of Biological Products Highly Likely to Be
Subject to Biosimilar Competition Under Drug Price
Negotiation Program.--
(1) In general.--Section 1191(c) of the Social Security
Act, as added by section 11001, is amended by adding the
following new paragraph:
``(7) Biological product highly likely to be subject to
biosimilar competition.--
``(A) In general.--The term `biological product highly
likely to be subject to biological competition' means a
selected drug that is a biological reference product licensed
under section 351(a) of the Public Health Service Act, for
which the Secretary has determined that there is a high
likelihood that a biosimilar biological product will be
licensed under section 351(k) of the Public Health Service
Act and marketed by the end of the second year after the
selected drug publication date of the selected drug.
``(B) Determination.--For purposes of subparagraph (A), the
Secretary shall determine that a selected drug is a
`biological product highly likely to be subject to biological
competition' if, with respect to a biosimilar biological
product for which the selected drug is the reference
product--
``(i)(I) a biosimilar biological product application under
section 351(k) of the Public Health Service Act has been
licensed by the Food and Drug Administration;
``(II) no more than 2 years have elapsed since such
licensure;
``(III) marketing of such biosimilar biological product has
not commenced; and
``(IV)(aa) there has been no public announcement of a
patent litigation settlement or other agreement under which
the biosimilar application sponsor has agreed not to market
the biosimilar biological product; or
``(bb) there has been a publicly announced patent
litigation settlement or other agreement that permits the
biosimilar application sponsor to market the biosimilar
biological product before February 1 of the year that is two
years after the selected drug publication date of the
selected drug; or
``(ii)(I) a biosimilar biological product application under
section 351(k) of the Public Health Service Act has been
accepted for filing under such section by the Food and Drug
Administration;
``(II) the Food and Drug Administration has not issued a
complete response letter with respect to such application;
``(III) the biosimilar application sponsor has not
withdrawn such application; and
``(IV)(aa) there has been no public announcement of a
patent litigation settlement or other agreement under which
the biosimilar application sponsor has agreed not to market
the biosimilar biological product; or
``(bb) there has been a publicly announced patent
litigation settlement or other agreement that permits the
biosimilar application sponsor to market the biosimilar
biological product before February 1 of the year that is two
years after the selected drug publication date of the
selected drug.
``(C) Timing.--The Secretary shall make and announce a
determination under subparagraph (A) within 1 week of the
selected drug publication date of the selected drug.
``(D) Reconsideration.--
``(i) In general.--The manufacturer of the selected drug or
the manufacturer of a biosimilar biological product for which
the selected drug is the reference product may submit to the
Secretary a petition for reconsideration of a determination
under subparagraph (A) within 1 week of such determination.
``(ii) Response by secretary.--The Secretary shall respond
in writing to a petition for reconsideration submitted under
clause (i) and, as appropriate, make and announce a different
determination under subparagraph (A) within 1 week of the end
of the period during which such a petition may be submitted
under such clause.
``(E) Treatment.--For purposes of sections 1194 and 1195, a
selected drug that is a biological product highly likely to
be subject to biological competition shall be treated as if
the initial price applicability year with respect to such
drug were the initial price applicability year that is 2
years after the initial price applicability year with respect
to such drug.
``(F) Clarification.--A selected drug that is a biological
product highly likely to be subject to biological competition
shall continue to be considered a selected drug under this
part with respect to the number of negotiation-eligible drugs
published on the list under section 1192(a) with respect to
the initial price applicability year with respect to such
drug.
``(G) Definitions.--In this paragraph:
``(i) Biosimilar; biological product.--The terms
`biosimilar' and `biological product' have the meaning given
those terms in section 351(i) of the Public Health Service
Act.
``(ii) Biosimilar application sponsor.--The term `bosimilar
application sponsor' means the person who submits an
application for licensure under section 351(k) of the Public
Health Service Act.
``(iii) Patent litigation settlement.--The term `patent
litigation settlement' means an agreement reached between a
patent owner and a biosimilar applicant to resolve a patent
litigation dispute in whole or in part, reached either before
or after court action begins.
``(H) Regulations.--The Secretary shall promulgate
regulations implementing this paragraph through notice and
comment rulemaking, with a final rule published not later
than the date that is 90 days before the selected drug
publication date with respect to initial price applicability
year 2026.''.
(2) Conforming amendments.--
(A) Section 1191 of the Social Security Act, as added by
section 11001, is amended--
(i) in subsection (b)--
(I) in paragraph (2), by inserting ``(or, in the case of a
biological product highly likely to be subject to biosimilar
competition (as defined in subsection (c)(7)), the year that
is 2 years after the first initial price applicability
year)'' after ``the first initial price applicability year'';
(II) in paragraph (3), by inserting ``(or, in the case of a
biological product highly likely to be subject to biosimilar
competition, the date that is 2 years after the first initial
price applicability year)'' before the period; and
(III) in paragraph (4)(A)--
(aa) in the matter preceding clause (i), by inserting ``,
subject to subsection (c)(7)(E)'' after ``an initial price
applicability year with respect to a selected drug''; and
(bb) in clause (ii), by inserting ``(or, in the case of a
biological product highly likely to be subject to biosimilar
competition (as defined in subsection (c)(7)), February 28 of
the year that is 2 years after the year of the selected drug
publication date)'' after ``the selected drug publication
date''; and
(ii) in subsection (d)--
(I) in paragraph (2), by inserting ``and by substituting `3
years' for `2 years' '' after ``such selected drug'';
(II) in paragraph (4), by inserting ``and by substituting
`3 years' for `2 years' '' after ``such selected drug''.
(B) The flush matter at the end of section 1192 of the
Social Security Act, as added by section 11001, is amended by
inserting ``, section 1191(c)(7)(E),'' after ``subsection
(c)(2)''.
(C) Section 1193(a) of the Social Security Act, as added by
section 11001, is amended--
(i) in the matter preceding paragraph (1), by inserting
``(or, in the case of a biological product highly likely to
be subject to biosimilar competition (as defined in section
1191(c)(7)), February 28 of the year that is 2 years after
the year of the selected drug publication date)'' after ``the
selected drug publication date''; and
(ii) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``and
[[Page S4342]]
subject to section 1191(c)(7)(E)'' after ``in accordance with
section 1194''.
(D) Section 1194 of the Social Security Act, as added by
section 11001, is amended--
(i) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, and subject to section 1191(c)(7)(E),''
after ``For purposes of this part'';
(ii) in subsection (b)(2)--
(I) in subparagraph (A), by striking ``with respect to the
selected drug'' and inserting ``with respect to such initial
price applicability year''; and
(II) in subparagraph (B), by inserting ``with respect to
such initial price applicability year,'' after ``the selected
drug publication date,''.
(E) Section 1195 of the Social Security Act, as added by
section 11001, is amended--
(i) in subsection (a), in the matter preceding paragraph
(1), by striking ``With respect to an initial price
applicability year'' and inserting ``Subject to section
1191(c)(7)(E), with respect to an initial price applicability
year''; and
(ii) in subsection (b)(2), by inserting ``(or, in the case
of a biological product highly likely to be subject to
biosimilar competition (as defined in section 1191(c)(7)),
the date that is two years after the date of publication
under this section)'' after ``the date of publication under
this section''.
(F) Section 5000D(b) of the Internal Revenue Code of 1986,
as added by section 11003(a), is amended--
(i) in paragraph (1), by inserting ``(except in the case of
a biological product highly likely to be subject to
biosimilar competition (as defined in section 1191(c)(7) of
the Social Security Act))'' after ``initial price
applicability year 2026''; and
(ii) in paragraph (2), by inserting ``(except in the case
of a biological product highly likely to be subject to
biosimilar competition (as defined in section 1191(c)(7)) of
the Social Security Act))'' after ``initial price
applicability year 2026''.
(b) Reduction of Additional IRS Funding for Enforcement.--
Section 10301(a)(1)(A)(i) of this Act is amended by striking
subclause (II).
______
SA 5424. Mr. MORAN submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 21001(a), strike paragraphs (1) through (4) and
insert the following:
(1) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the environmental quality
incentives program under subchapter A of chapter 4 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3839aa through 3839aa-8)--
(A) $250,000,000 for fiscal year 2023;
(B) $1,750,000,000 for fiscal year 2024;
(C) $3,000,000,000 for fiscal year 2025; and
(D) $3,450,000,000 for fiscal year 2026;
(2) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the conservation
stewardship program under subchapter B of that chapter (16
U.S.C. 3839aa-21 through 3839aa-25)--
(A) $250,000,000 for fiscal year 2023;
(B) $500,000,000 for fiscal year 2024;
(C) $1,000,000,000 for fiscal year 2025; and
(D) $1,500,000,000 for fiscal year 2026;
(3) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the agricultural
conservation easement program under subtitle H of title XII
of that Act (16 U.S.C. 3865 through 3865d)--
(A) $100,000,000 for fiscal year 2023;
(B) $200,000,000 for fiscal year 2024;
(C) $500,000,000 for fiscal year 2025; and
(D) $600,000,000 for fiscal year 2026; and
(4) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the regional conservation
partnership program under subtitle I of title XII of that Act
(16 U.S.C. 3871 through 3871f)--
(A) $250,000,000 for fiscal year 2023;
(B) $800,000,000 for fiscal year 2024;
(C) $1,500,000,000 for fiscal year 2025; and
(D) $2,400,000,000 for fiscal year 2026.
______
SA 5425. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike sections 50261 through 50263 and insert the
following:
SEC. 50261. MINERAL LEASING ACT MODERNIZATION.
(a) Oil and Gas Minimum Bid.--Section 17(b) of the Mineral
Leasing Act (30 U.S.C. 226(b)) is amended--
(1) in paragraph (1)(B), in the first sentence, by striking
``$2 per acre for a period of 2 years from the date of
enactment of the Federal Onshore Oil and Gas Leasing Reform
Act of 1987.'' and inserting ``$10 per acre during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14'.''; and
(2) in paragraph (2)(C), by striking ``$2 per acre'' and
inserting ``$10 per acre''.
(b) Fossil Fuel Rental Rates.--
(1) Annual rentals.--Section 17(d) of the Mineral Leasing
Act (30 U.S.C. 226(d)) is amended, in the first sentence, by
striking ``$1.50 per acre'' and all that follows through the
period at the end and inserting ``$3 per acre per year during
the 2-year period beginning on the date the lease begins for
new leases, and after the end of that 2-year period, $5 per
acre per year for the following 6-year period, and not less
than $15 per acre per year thereafter, or, in the case of a
lease issued during the 10-year period beginning on the date
of enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14', $3
per acre per year during the 2-year period beginning on the
date the lease begins, and after the end of that 2-year
period, $5 per acre per year for the following 6-year period,
and $15 per acre per year thereafter.''.
(2) Rentals in reinstated leases.--Section 31(e)(2) of the
Mineral Leasing Act (30 U.S.C. 188(e)(2)) is amended by
striking ``$10'' and inserting ``$20''.
(c) Expression of Interest Fee.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is amended by adding at the end
the following:
``(q) Fee for Expression of Interest.--
``(1) In general.--The Secretary shall assess a
nonrefundable fee against any person that, in accordance with
procedures established by the Secretary to carry out this
subsection, submits an expression of interest in leasing land
available for disposition under this section for exploration
for, and development of, oil or gas.
``(2) Amount of fee.--
``(A) In general.--Subject to subparagraph (B), the fee
assessed under paragraph (1) shall be $5 per acre of the area
covered by the applicable expression of interest.
``(B) Adjustment of fee.--The Secretary shall, by
regulation, not less frequently than every 4 years, adjust
the amount of the fee under subparagraph (A) to reflect the
change in inflation.''.
______
SA 5426. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike part 3 of subtitle A of title I and insert the
following:
PART 3--APPROPRIATIONS TO THE FEDERAL HOSPITAL INSURANCE TRUST FUND
SEC. 10301. FUNDING THE FEDERAL HOSPITAL INSURANCE TRUST
FUND.
There are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2022, to the Federal Hospital Insurance
Trust Fund, $79,662,000,000.
______
SA 5427. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike subsection (b) of section 10301.
______
SA 5428. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of section 10301, add the following:
(c) Limitations Related to the Internal Revenue Service.--
None of the funds appropriated under subsection (a)(1) may be
used--
(1) to audit taxpayers with taxable incomes below $400,000,
(2) to target any taxpayer for political or ideological or
religious beliefs, or
(3) for the construction or operation of any Internal
Revenue Service business system designed to receive or
process information on flows of deposits or withdrawals over
any period of time in a taxpayer's private transaction
account with a financial intermediary or payment processor or
platform.
______
SA 5429. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike paragraph (5) of section 10301(a).
______
SA 5430. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike paragraph (3) of section 10301(a).
______
SA 5431. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike part 3 of subtitle A of title I.
______
SA 5432. Mr. CRAPO submitted an amendment intended to be proposed to
[[Page S4343]]
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 38, line 9 and 10, insert ``privacy protections
against leaks of private, legally protected taxpayer data
outside of the Internal Revenue Service, universal audit
trails to track the utilization and access of private,
legally protected taxpayer data by Internal Revenue Service
personnel and by contractors and researchers,'' after
``taxpayer advocacy services,''.
______
SA 5433. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike paragraphs (2) and (3) of section 10301(a) and
insert the following:
(2) Treasury inspector general for tax administration.--For
necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); and services authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration, $507,533,803, to
remain available until September 30, 2031: Provided, That
these amounts shall be in addition to amounts otherwise
available for such purposes.
______
SA 5434. Mr. DURBIN (for Mr. Van Hollen) proposed an amendment to the
resolution S. Res. 675, commemorating the 100th Anniversary of the
founding of the American Hellenic Educational Progressive Association;
as follows:
Strike all after the resolving clause and insert the
following: ``That the Senate--
(1) recognizes the significant contributions to the United
States of citizens of Hellenic heritage; and
(2) commemorates the 100th Anniversary of the founding of
the American Hellenic Educational Progressive Association,
applauds its mission, and commends the many charitable
contributions of its members to communities in the United
States and around the world.
______
SA 5435. Mr. SULLIVAN submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In title VII, strike section 70001 and insert the
following:
SEC. 70001. FUNDING FOR U.S. CUSTOMS AND BORDER PROTECTION.
In addition to amounts otherwise available, there is
appropriated to U.S. Customs and Border Protection for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, which shall remain available
until September 30, 2027, for necessary expenses relating to
the construction or improvement of primary pedestrian fencing
and barriers along the southwest border.
______
SA 5436. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60103.
______
SA 5437. Mr. SULLIVAN submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60111.
______
SA 5438. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In subtitle A of title II, add at the end the following:
SEC. 20002. UNUSED ELECTRONIC BENEFITS.
Section 7(h) of the Food and Nutrition Act of 2008 (7
U.S.C. 2016(h)) is amended by striking paragraph (12) and
inserting the following:
``(12) Unused electronic benefits.--
``(A) In general.--If a household has not accessed
electronic benefits from the account of the household for a
period of not less than 3 months, a State agency shall--
``(i) revoke access to the account;
``(ii) store the account off-line; and
``(iii) revert any amount of electronic benefits remaining
in the account to the Department of the Treasury.
``(B) Notice.--A State agency shall provide notice of
revocation under subparagraph (A)(i) not later than 2 days
before the date on which access to the account is revoked.
``(C) Reinstatement.--If the access of a household has been
revoked under clause (i) of subparagraph (A) and the account
stored off-line under clause (ii) of that subparagraph, the
household shall be required to reapply to the State agency
for restoration of the account and benefits thereunder.''.
______
SA 5439. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In subtitle A of title II, add at the end the following:
SEC. 20002. PHOTOGRAPHIC IDENTIFICATION FOR EBT CARD USERS.
Section 7(h) of the Food and Nutrition Act of 2008 (7
U.S.C. 2016(h)) is amended--
(1) in paragraph (9), in the heading, by inserting ``on ebt
card'' after ``identification'';
(2) by redesignating paragraph (10) as paragraph (15); and
(3) by inserting after paragraph (9) the following:
``(10) Required photographic identification.--A member of a
household with an EBT card shall be required to show
photographic identification at the point of sale when using
the EBT card.''.
______
SA 5440. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. BRINGING IRS EMPLOYEES BACK TO THE OFFICE.
(a) In General.--Notwithstanding any other law, in the case
of an applicable employee, such employee shall not be
authorized to telework during the period--
(1) beginning on the date that is 5 business days after the
date of enactment of this Act, and
(2) ending on the date on which the Commissioner of
Internal Revenue certifies that the processing backlog with
respect to income tax returns for taxable year 2020 has been
eliminated.
(b) Definitions.--In this section--
(1) Applicable employee.--The term ``applicable employee''
means an employee of the Internal Revenue Service who, as of
the date of enactment of this Act, is authorized to telework,
on a temporary or permanent basis, pursuant to a policy
established by the Commissioner of Internal Revenue in
response to the coronavirus disease 2019 (COVID-19).
(2) Telework.--The term ``telework'' has the same meaning
given such term under section 6501(3) of title 5, United
States Code.
______
SA 5441. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
In section 30002, strike paragraph (1) and insert the
following:
(1) $837,500,000, to remain available until September 30,
2028, for disaster recovery assistance under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.) for natural disasters declared during the period
beginning on January 1, 2020 and ending on December 31, 2021.
______
SA 5442. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike part 3 of subtitle A of title I and insert the
following:
PART 3--DEDUCTION FOR QUALIFIED BUSINESS INCOME
SEC. 10301. EXTENSION OF DEDUCTION FOR QUALIFIED BUSINESS
INCOME.
(a) In General.--Section 199A(i) of the Internal Revenue
Code of 1986 is amended by striking ``2025'' and inserting
``2030''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5443. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. BRINGING IRS EMPLOYEES BACK TO THE OFFICE.
(a) In General.--Notwithstanding any other law, in the case
of an applicable employee, such employee shall not be
authorized to telework during the period--
(1) beginning on the date that is 5 business days after the
date of enactment of this Act, and
(2) ending on the date on which the Commissioner of
Internal Revenue certifies that
[[Page S4344]]
the processing backlog with respect to income tax returns for
taxable year 2020 has been eliminated.
(b) Definitions.--In this section--
(1) Applicable employee.--The term ``applicable employee''
means an employee of the Internal Revenue Service who, as of
the date of enactment of this Act, is authorized to telework,
on a temporary or permanent basis, pursuant to a policy
established by the Commissioner of Internal Revenue in
response to the coronavirus disease 2019 (COVID-19).
(2) Telework.--The term ``telework'' has the same meaning
given such term under section 6501(3) of title 5, United
States Code.
______
SA 5444. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 381, strike line 20 and all that follows through
page 385, line 20, and insert the following:
(c) Definition of New Clean Vehicle.--Subsection (d) of
section 30D is amended to read as follows:
``(d) New Clean Vehicle.--For purposes of this section, the
term `new clean vehicle' means any vehicle that is cleaner
than what the taxpayer owns.''.
______
SA 5445. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the end of part 9 of subtitle D of title I and insert
the following:
SEC. 1300_. EXTENSION OF DEDUCTION FOR QUALIFIED BUSINESS
INCOME.
(a) In General.--Section 199A(i) of the Internal Revenue
Code of 1986 is amended by striking ``2025'' and inserting
``2030''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 13900_. EXTENSION OF LIMITATION ON DEDUCTION FOR STATE
AND LOCAL TAXES.
(a) In General.--Section 164(b)(6) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``January 1, 2026'' and inserting ``January
1, 2031'', and
(2) by striking ``2025'' in the heading thereof and
inserting ``2030''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
______
SA 5446. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 6 of subtitle B of title V, add the
following:
SEC. 5026___. DISPOSITION OF QUALIFIED OUTER CONTINENTAL
SHELF REVENUES.
Section 105(a) of the Gulf of Mexico Energy Security Act of
2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--
(1) in paragraph (1), by striking ``50'' and inserting
``37.5''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``50'' and inserting ``62.5'';
(B) in subparagraph (A), by striking ``75'' and inserting
``80''; and
(C) in subparagraph (B), by striking ``25'' and inserting
``20''.
______
SA 5447. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place in part 7 of subtitle A of title
V, insert the following:
SEC. 5017_. PRICING PREFERENCE FOR DOMESTIC ENTITIES IN SALE
OF DRAWDOWNS FROM STRATEGIC PETROLEUM RESERVE.
(a) Definitions.--Section 152 of the Energy Policy and
Conservation Act (42 U.S.C. 6232) is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (4), (6), (8), (9), (10),
and (11) as paragraphs (3), (5), (6), (7), (8), and (9),
respectively;
(3) in each of paragraphs (3) through (9) (as so
redesignated), by inserting a paragraph heading, the text of
which comprises the term defined in the paragraph;
(4) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Qualified bidder.--The term `qualified bidder' means
an individual or entity that--
``(A) submits to the Secretary an offer to purchase
petroleum products withdrawn from the Reserve and offered for
sale pursuant to section 161; and
``(B) meets such criteria as the Secretary determines to be
appropriate to participate in that sale.''; and
(5) by striking the section designation and heading and all
that follows through ``(2) The term'' and inserting the
following:
``SEC. 152. DEFINITIONS.
``In this part and part C:
``(1) Domestic entity.--The term `domestic entity' means a
commercial entity that, as determined by the Secretary--
``(A) is headquartered in the United States; and
``(B) purchases or sells petroleum products in the United
States.
``(2) Importer.--The term''.
(b) Pricing Preference for Domestic Entities.--Section 161
of the Energy Policy and Conservation Act (42 U.S.C. 6241) is
amended--
(1) in subsection (a), by striking ``the provisions of'';
(2) in subsection (d)--
(A) by striking ``(d)(1) Drawdown'' and inserting the
following:
``(b) Prerequisite Presidential Finding.--
``(1) In general.--A drawdown''; and
(B) in paragraph (2)--
(i) by striking ``(2) For purposes'' and inserting the
following:
``(2) Factors for deemed existence.--For purposes''; and
(ii) by indenting subparagraphs (A) through (C)
appropriately;
(3) in subsection (e)--
(A) by striking paragraph (2) and inserting the following:
``(3) Cancellations.--The Secretary may cancel, in whole or
in part, any offer to sell petroleum products as part of any
drawdown and sale under this section.''; and
(B) by striking ``(e)(1) The Secretary'' and all that
follows through the end of paragraph (1) and inserting the
following:
``(c) Procedure for Sales.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall sell petroleum products withdrawn from the Strategic
Petroleum Reserve--
``(A) at public sale;
``(B) after providing public notice of each sale;
``(C) for such period as the Secretary considers to be
appropriate; and
``(D) without regard to Federal, State, or local
regulations relating to sales of petroleum products.
``(2) Pricing.--The Secretary shall--
``(A) establish the price for each sale of petroleum
products withdrawn from the Reserve; and
``(B) sell the petroleum products to the qualified bidder
offering the highest bid, subject to the condition that
pricing preference shall be given to qualified bidders that
are domestic entities, in accordance with subsection (d).'';
(4) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Pricing Preference for Domestic Entities.--
``(1) In general.--Notwithstanding any other provision of
law, in each sale under this section of petroleum products
withdrawn from the Reserve, the Secretary shall provide to
qualified bidders that are domestic entities a pricing
preference in accordance with paragraph (2).
``(2) Mechanism for adjustment.--To provide pricing
preference required by paragraph (1) in conducting a sale
under this section the Secretary shall, in accordance with
subsection (c)--
``(A) accept bids from all qualified bidders; but
``(B) in evaluating the accepted bids to identify the
highest bidder, add to the bid price offered by each
qualified bidder that is a domestic entity--
``(i) for a domestic entity that is a small business
concern (as defined in section 3 of the Small Business Act
(15 U.S.C. 632)), an amount equal to the product obtained by
multiplying--
``(I) the amount of the bid price offered by that domestic
entity; and
``(II) 15 percent; and
``(ii) for a domestic entity that is not a small business
concern described in clause (i), an amount equal to the
product obtained by multiplying--
``(I) the amount of the bid price offered by that domestic
entity; and
``(II) 10 percent.
``(3) Effect of subsection.--Nothing in this subsection--
``(A) requires the Secretary to sell petroleum products
withdrawn from the Reserve to a domestic entity if the
highest bid received from a qualified bidder that is a
domestic entity, as adjusted pursuant to paragraph (2), is
lower than a bid received from a qualified bidder that is not
a domestic entity; or
``(B) modifies, supercedes, or otherwise affects the
application of, or any requirement under, subsection (h).'';
(5) in subsection (g)--
(A) by striking the subsection designation and all that
follows through ``Such a'' in the third sentence of paragraph
(1) and inserting the following:
``(e) Evaluation; Test Drawdowns.--
``(1) Evaluation.--The Secretary shall conduct a continuing
evaluation of the drawdown and sales procedures under this
section, including the application of the pricing preference
for domestic entities under subsection (d).
``(2) Test drawdowns.--In conducting an evaluation under
paragraph (1), the Secretary may carry out a test drawdown
and sale or exchange of petroleum products from the Reserve,
subject to the condition that such a'';
(B) in paragraph (4), by inserting ``, subject to the
condition that pricing preference may be provided to domestic
entities in accordance with subsection (d), as the Secretary
[[Page S4345]]
determines to be appropriate'' before the period at the end;
and
(C) by indenting paragraph (6) appropriately;
(6) in subsection (h)(1)--
(A) by striking the undesignated matter following
subparagraph (D);
(B) by striking ``(h)(1) If'' and inserting the following:
``(f) Presidential Finding on Shortages.--
``(1) In general.--Subject to paragraph (2) and subsection
(d), the Secretary may drawdown and sell petroleum products
from the Strategic Petroleum Reserve if'';
(C) in subparagraph (A), by striking ``subsection (d)'' and
inserting ``subsection (b)'';
(D) by indenting subparagraphs (A) and (B) appropriately;
and
(E) in subparagraph (D), by striking the comma at the end
and inserting a period;
(7) by redesignating subsections (i) and (j) as subsections
(g) and (h), respectively; and
(8) in paragraph (2) of subsection (h) (as so
redesignated), in the paragraph heading, by striking ``In
general'' and inserting ``State of hawai'i''.
(c) Technical and Conforming Amendments.--
(1) Section 154 of the Energy Policy and Conservation Act
(42 U.S.C. 6234) is amended--
(A) by striking subsection (f) and inserting the following:
``(c) Drawdown and Distribution.--
``(1) In general.--The drawdown and distribution of
petroleum products from the Strategic Petroleum Reserve is
authorized only in accordance with section 161.
``(2) Prohibition.--A drawdown and distribution of
petroleum products for purposes other than the objectives
described in section 160(b) shall be prohibited.
``(3) Request of funds.--
``(A) In general.--In the annual budget submission of the
Secretary, the Secretary shall request funds for acquisition,
transportation, and injection of petroleum products for
storage in the Reserve.
``(B) No request.--If no request for funds is submitted
under subparagraph (A) for a fiscal year, the Secretary shall
provide a written explanation of the reasons why no request
was submitted.'';
(B) in subsection (b), by striking ``(b) The Secretary''
and inserting the following:
``(b) Authority of Secretary.--The Secretary''; and
(C) by striking the section designation and heading and all
that follows through ``shall be created'' in subsection (a)
and inserting the following:
``SEC. 154. STRATEGIC PETROLEUM RESERVE.
``(a) Establishment.--A Strategic Petroleum Reserve for the
storage of up to 1,000,000,000 barrels of petroleum products
shall be established''.
(2) Section 160 of the Energy Policy and Conservation Act
(42 U.S.C. 6240) is amended--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``following objectives:'' and inserting
``objectives of--''; and
(II) by striking ``(b) The Secretary shall, to the
greatest'' and inserting the following:
``(b) Objectives for Acquisitions.--The Secretary shall, to
the maximum'';
(ii) by inserting after paragraph (1) the following:
``(2) support of domestic entities by providing pricing
preference in accordance with section 161(d);''; and
(iii) by indenting paragraphs (1), (3), (4), and (5)
appropriately;
(B) in subsection (f)--
(i) by striking ``the Reserve and may sell'' and inserting
the following: ``the Reserve; and
``(2) subject to section 161(d), may sell'';
(ii) by striking ``the Secretary may suspend'' and
inserting the following: ``the Secretary--
``(1) may suspend''; and
(iii) by striking ``(f) If the'' and inserting the
following:
``(d) Imminent Severe Energy Supply Interruptions.--If
the'';
(C) in subsection (h)--
(i) in paragraph (2)--
(I) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting the clauses
appropriately; and
(II) in the matter preceding clause (i) (as so
redesignated), in the second sentence, by striking ``The
price paid by the Secretary--'' and inserting the following:
``(B) Price.--The price paid by the Secretary for an
acquisition pursuant to this subsection--''; and
(III) by striking ``(2) Crude oil'' and inserting the
following:
``(2) Pricing for acquisitions.--
``(A) Competitive bid.--Crude oil'';
(ii) in paragraph (1), by striking the second sentence and
inserting the following:
``(B) Terms and conditions.--Subject to paragraph (2), the
Secretary may establish such terms and conditions for an
acquisition pursuant to this subsection as the Secretary
determines to be necessary.''; and
(iii) by striking ``(h)(1) If'' and inserting the
following:
``(e) Declines in Domestic Oil Production.--
``(1) Directed acquisitions.--
``(A) In general.--If''; and
(D) by striking the section designation and heading and all
that follows through ``(a) The Secretary'' and inserting the
following:
``SEC. 160. PETROLEUM PRODUCTS FOR STORAGE IN THE RESERVE.
``(a) Authority of Secretary.--The Secretary''.
(3) Section 167 of the Energy Policy and Conservation Act
(42 U.S.C. 6247) is amended--
(A) in subsection (b)--
(i) in paragraph (3)--
(I) by striking ``subsection (g) of such section'' and
inserting ``subsection (e) of that section''; and
(II) by striking ``section 160(f)'' and inserting ``section
160(d)'';
(ii) by redesignating paragraphs (2) and (3) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(iii) in the undesignated matter following subparagraph (B)
(as so redesignated), by striking ``Funds'' and inserting the
following:
``(2) Availability.--Funds''; and
(iv) by striking ``(b) Amounts'' and inserting the
following:
``(b) Obligation of Amounts.--
``(1) In general.--Amounts''; and
(B) in subsection (d), in the matter preceding paragraph
(1)--
(i) by striking ``subsection (g) of such section'' and
inserting ``subsection (e) of that section''; and
(ii) by striking ``section 160(f)'' and inserting ``section
160(d)''.
(4) Section 168(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6247a(a)) is amended, in the first sentence,
by striking ``product owned'' and inserting ``products
owned''.
(5) The table of contents of the Energy Policy and
Conservation Act (42 U.S.C. 6201 note; Public Law 94-163) is
amended by striking the items relating to the second part D
of title I (relating to expiration) and the second section
181 (relating to expiration).
______
SA 5448. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 426, strike lines 3 and 4 and insert the
following:
(B) in clause (i), by striking ``the sun'' and inserting
``natural gas or liquid natural gas, the sun, water'',
______
SA 5449. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE __--COMMITTEE ON THE JUDICIARY
SEC. __0001. TASK FORCE TO REFORM THE BUREAU OF PRISONS
INMATE TRUST FUND ACCOUNTS.
The Attorney General shall establish a task force to reform
the handling of funds of Federal prisoners held in trust by
the Bureau of Prisons and commissary funds of Federal
prisoners.
______
SA 5450. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. FOREIGN STATE COMPUTER INTRUSIONS.
(a) In General.--Section 1605B of title 28, United States
Code, is amended by adding at the end the following:
``(e) Computer Intrusions by a Foreign State.--A foreign
state shall not be immune from the jurisdiction of the courts
of the United States or of the States in any case not
otherwise covered by this chapter in which money damages are
sought against a foreign state by a national of the United
States for personal injury, harm to reputation, or damage to
or loss of property resulting from any of the following
activities, whether occurring in the United States or a
foreign state:
``(1) Unauthorized access to or access exceeding
authorization to a computer located in the United States.
``(2) Unauthorized access to confidential, electronic
stored information located in the United States.
``(3) The transmission of a program, information, code, or
command to a computer located in the United States, which, as
a result of such conduct, causes damage without
authorization.
``(4) The use, dissemination, or disclosure, without
consent, of any information obtained by means of any activity
described in paragraph (1), (2), or (3).
``(5) The provision of material support or resources for
any activity described in paragraph (1), (2), (3), or (4),
including by an official, employee, or agent of such foreign
state.''.
(b) Application.--This section and the amendment made by
this section shall apply to any action pending on, or filed
on or after, the date of the enactment of this Act.
[[Page S4346]]
______
SA 5451. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. FORFEITING NONPROFIT TAX EXEMPT STATUS FOR
PROVIDING FINANCIAL ASSISTANCE TO ALIENS WHO
UNLAWFULLY ENTER THE UNITED STATES.
Any nonprofit organization that knowingly provides
financial assistance to aliens who unlawfully entered the
United States may not receive any tax-related benefit
available to organizations described in section 503(c)(3) of
the Internal Revenue Code.
______
SA 5452. Mr. MORAN (for himself and Mr. Toomey) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
Strike section 30002(a)(1) and insert the following:
(1) $837,500,000, to remain available until September 30,
2028, for the cost of providing direct loans, and for grants,
as provided for in subsection (b), including to subsidize
gross obligations for the principal amount of direct loans,
not to exceed $4,000,000,000, to fund projects that improve
security, prevent crime, and increase resident safety;
______
SA 5453. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE IX--COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS
SEC. 90001. FUNDING FOR PROVIDERS RELATING TO COVID-19.
(a) Equity for Providers Serving Vulnerable Populations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall distribute not less than 75 percent of any
unobligated funds in the Provider Relief Fund, including any
unobligated funds returned by or recouped from recipients of
past distributions from such Fund, to assisted living
facilities.
(2) Eligible rural providers.--Of the amount distributed
under paragraph (1), not less than 20 percent shall be
distributed to assisted living facilities that are eligible
rural providers.
(b) Limitations.--Payments made to an assisted living
facility under this section may not be used to reimburse any
expense or loss that--
(1) has been reimbursed from another source; or
(2) another source is obligated to reimburse.
(c) Definitions.--In this section:
(1) Assisted living facility.--The term ``assisted living
facility'' has the meaning given such term in section 232(b)
of the National Housing Act (12 U.S.C. 1715w(b)).
(2) Eligible rural provider.--The term ``eligible rural
provider'' means--
(A) an eligible health care provider as defined in section
1150C(e)(1) of the Social Security Act (42 U.S.C. 1320b-
26(e)(1)); or
(B) an assisted living facility that provides services to
individuals whose place of residence immediately prior to the
individual relocating and establishing residence with the
assisted living facility was located in a rural area, as
defined by the Federal Office of Rural Health Policy in
accordance with the ``Response to Comments on Revised
Geographic Eligibility for Federal Office of Rural Health
Policy Grants'' promulgated by the Health Resources and
Services Administration on January 12, 2021 (86 Fed. Reg.
2418).
(3) Payment.--The term ``payment'' includes, as determined
appropriate by the Secretary, a pre-payment, a prospective
payment, a retrospective payment, or a payment through a
grant or other mechanism.
______
SA 5454. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 50131 and insert the following:
SEC. 50131. ASSISTANCE FOR LATEST AND ZERO BUILDING ENERGY
CODE ADOPTION; BLM PERMITTING ACTIVITIES.
(a) Assistance for Latest and Zero Building Energy Code
Adoption.--
(1) Appropriation.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated--
(A) $330,000,000, to remain available through September 30,
2029, to carry out activities under part D of title III of
the Energy Policy and Conservation Act (42 U.S.C. 6321
through 6326) in accordance with paragraph (2); and
(B) $270,000,000, to remain available through September 30,
2029, to carry out activities under part D of title III of
the Energy Policy and Conservation Act (42 U.S.C. 6321
through 6326) in accordance with paragraph (3).
(2) Latest building energy code.--The Secretary shall use
funds made available under paragraph (1)(A) for grants to
assist States, and units of local government that have
authority to adopt building codes--
(A) to adopt--
(i) a building energy code (or codes) for residential
buildings that meets or exceeds the 2021 International Energy
Conservation Code, or achieves equivalent or greater energy
savings;
(ii) a building energy code (or codes) for commercial
buildings that meets or exceeds the ANSI/ASHRAE/IES Standard
90.1-2019, or achieves equivalent or greater energy savings;
or
(iii) any combination of building energy codes described in
clause (i) or (ii); and
(B) to implement a plan for the jurisdiction to achieve
full compliance with any building energy code adopted under
subparagraph (A) in new and renovated residential or
commercial buildings, as applicable, which plan shall include
active training and enforcement programs and measurement of
the rate of compliance each year.
(3) Zero energy code.--The Secretary shall use funds made
available under paragraph (1)(B) for grants to assist States,
and units of local government that have authority to adopt
building codes--
(A) to adopt a building energy code (or codes) for
residential and commercial buildings that meets or exceeds
the zero energy provisions in the 2021 International Energy
Conservation Code or an equivalent stretch code; and
(B) to implement a plan for the jurisdiction to achieve
full compliance with any building energy code adopted under
subparagraph (A) in new and renovated residential and
commercial buildings, which plan shall include active
training and enforcement programs and measurement of the rate
of compliance each year.
(4) State match.--The State cost share requirement under
the item relating to ``Department of Energy--Energy
Conservation'' in title II of the Department of the Interior
and Related Agencies Appropriations Act, 1985 (42 U.S.C.
6323a; 98 Stat. 1861), shall not apply to assistance provided
under this subsection.
(5) Administrative costs.--Of the amounts made available
under this subsection, the Secretary shall reserve 5 percent
for administrative costs necessary to carry out this
subsection.
(b) BLM Permitting.--In addition to amounts otherwise
available, there is appropriated to the Secretary of the
Interior for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $400,000,000, to remain
available through September 30, 2026, for the Bureau of Land
Management to finalize outstanding permitting activities for
projects that would facilitate access to nickel and cobalt
deposits.
______
SA 5455. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 468, strike lines 15 through 19 and insert the
following:
``(I) in connection with a qualified facility which--
``(aa) in the case of a qualified facility which is a
hydroelectric facility and exclusively serves communities
which are not interconnected to the United States continental
grid, has a maximum net output of not greater than 20
megawatts (as measured in alternating current), or
``(bb) in the case of a qualified facility which is not
described in item (aa), has a maximum net output of not
greater than 5 megawatts (as measured in alternating
current), and
______
SA 5456. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
In section 60105, strike subsection (d) and insert the
following:
(d) Targeted Airshed Grants.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $15,000,000, to remain available
until September 30, 2031, for targeted airshed grants in
accordance with paragraph (6) of the matter under the heading
``State and Tribal Assistance Grants'' under the heading
``ENVIRONMENTAL PROTECTION AGENCY'' in title II of division G
of the Consolidated Appropriations Act, 2021 (Public Law 116-
260; 134 Stat. 1513), for the purpose of replacing woodstoves
and wood fireplaces with cleaner home heating devices, and
other related activities.
______
SA 5457. Ms. MURKOWSKI (for herself, Mr. Daines, Mr. Risch, and Mr.
[[Page S4347]]
Sullivan) submitted an amendment intended to be proposed to amendment
SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to provide for
reconciliation pursuant to title II of S. Con. Res. 14; which was
ordered to lie on the table; as follows:
In section 23001(a), strike paragraph (4) and insert the
following:
(4) $50,000,000 to carry out good neighbor agreements under
section 8206 of the Agricultural Act of 2014 (16 U.S.C.
2113a) on National Forest System land.
______
SA 5458. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 50223 and insert the following:
SEC. 50223. NATIONAL PARK SERVICE AND BUREAU OF LAND
MANAGEMENT CULTURAL ASSET PROTECTION AND
WILDFIRE RESILIENCE AND MITIGATION ACTIVITIES.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary, out of
any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2031--
(1) $125,000,000 for the period of fiscal years 2022
through 2026, and $125,000,000 for the period of fiscal years
2027 through 2031, for the National Park Service and Bureau
of Land Management to conduct activities to protect cultural
assets and natural resources from degradation as a result of
vandalism and trespassing on Federal land along the
international border between the United States and Mexico;
and
(2) $125,000,000 for the period of fiscal years 2022
through 2026, and $125,000,000 for the period of fiscal years
2027 through 2031, for the National Park Service and Bureau
of Land Management to conduct wildfire resilience and
mitigation activities, including hazardous fuels reduction
activities and wildfire prevention treatments.
(b) Limitation.--The funds made available under this
section are subject to the condition that the Secretary shall
not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; or
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this section.
______
SA 5459. Ms. MURKOWSKI (for herself and Mr. Sullivan) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
At the end of title I, insert the following:
SEC. 13903. NONPROFIT COMMUNITY DEVELOPMENT ACTIVITIES IN
REMOTE NATIVE VILLAGES.
(a) In General.--For purposes of subchapter F of chapter 1
of the Internal Revenue Code of 1986, any activity
substantially related to participation and investment in
fisheries in the Bering Sea and Aleutian Islands statistical
and reporting areas (as described in Figure 1 of section 679
of title 50, Code of Federal Regulations) carried on by an
entity identified in section 305(i)(1)(D) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1855(i)(1)(D)) (as in effect on the date of enactment of this
section) shall be considered substantially related to the
exercise or performance of the purpose constituting the basis
of such entity's exemption under section 501(a) of such Code
if the conduct of such activity is in furtherance of 1 or
more of the purposes specified in section 305(i)(1)(A) of
such Act. For purposes of this paragraph, activities
substantially related to participation or investment in
fisheries include the harvesting, processing, transportation,
sales, and marketing of fish and fish products of the Bering
Sea and Aleutian Islands statistical and reporting areas.
(b) Application to Certain Wholly Owned Subsidiaries.--If
the assets of a trade or business relating to an activity
described in subsection (a) of any subsidiary wholly owned by
an entity identified in section 305(i)(1)(D) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1855(i)(1)(D)) are transferred to such entity (including in
liquidation of such subsidiary) not later than 18 months
after the date of the enactment of this Act--
(1) no gain or income resulting from such transfer shall be
recognized to either such subsidiary or such entity under
such Code, and
(2) all income derived from such subsidiary from such
transferred trade or business shall be exempt from taxation
under such Code.
(c) Effective Date.--This section shall be effective during
the existence of the western Alaska community development
quota program established by Section 305(i)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1855(i)(1)), as amended.
______
SA 5460. Ms. MURKOWSKI (for herself, Mr. Daines, and Mr. Risch)
submitted an amendment intended to be proposed to amendment SA 5194
proposed by Mr. Schumer to the bill H.R. 5376, to provide for
reconciliation pursuant to title II of S. Con. Res. 14; which was
ordered to lie on the table; as follows:
In section 23003(a), strike paragraph (1) and insert the
following:
(1) $700,000,000 to carry out good neighbor agreements
under section 8206 of the Agricultural Act of 2014 (16 U.S.C.
2113a) on National Forest System land; and
______
SA 5461. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike sections 80003 and 80004 and insert the following:
SEC. 80003. TRIBAL ELECTRIFICATION PROGRAM.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Director of the
Bureau of Indian Affairs for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2031,
for--
(1) the provision of electricity to unelectrified Tribal
homes through zero-emissions energy systems;
(2) transitioning electrified Tribal homes to zero-
emissions energy systems; and
(3) associated home repairs and retrofitting necessary to
install the zero-emissions energy systems authorized under
paragraphs (1) and (2).
(b) Administration.--In addition to amounts otherwise
available, there is appropriated to the Director of the
Bureau of Indian Affairs for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $3,000,000,
to remain available until September 30, 2031, for the
administrative costs of carrying out this section.
(c) Cost-sharing and Matching Requirements.--None of the
funds provided by this section shall be subject to cost-
sharing or matching requirements.
(d) Small and Needy Program.--Amounts made available under
this section shall be excluded from the calculation of funds
received by those Tribal governments that participate in the
``Small and Needy'' program.
(e) Distribution; Use of Funds.--Amounts made available
under this section that are distributed to Indian Tribes and
Tribal organizations for services pursuant to a self-
determination contract (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)) or a self-governance compact entered into pursuant to
section 404(a) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5364(a))--
(1) shall be distributed on a 1-time basis;
(2) shall not be part of the amount required by subsections
(a) and (b) of section 106 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5325); and
(3) shall only be used for the purposes identified under
the applicable subsection.
SEC. 80004. EMERGENCY DROUGHT RELIEF FOR TRIBES.
(a) Emergency Drought Relief.--In addition to amounts
otherwise available, there is appropriated to the
Commissioner of the Bureau of Reclamation for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $12,500,000, to remain available until
September 30, 2026, for near-term drought relief actions to
mitigate drought impacts for Indian Tribes that are impacted
by the operation of a Bureau of Reclamation water project,
including through direct financial assistance to address
drinking water shortages and to mitigate the loss of Tribal
trust resources.
(b) Cost-sharing and Matching Requirements.--None of the
funds provided by this section shall be subject to cost-
sharing or matching requirements.
SEC. 80005. TRIBAL PUBLIC SAFETY.
(a) Public Safety and Justice.--In addition to amounts
otherwise available, there is appropriated to the Assistant
Secretary for Indian Affairs for fiscal year 2023, out of any
money in the Treasury not otherwise appropriated,
$25,500,000, to remain available until September 30, 2031,
for public safety and justice programs.
(b) Administration.--In addition to amounts otherwise
available, there is appropriated to the Assistant Secretary
for Indian Affairs for fiscal year 2023, out of any money in
the Treasury not otherwise appropriated, $1,500,000, to
remain available until September 30, 2031, for the
administrative costs of carrying out this section.
(c) Small and Needy Program.--Amounts made available under
this section shall be excluded from the calculation of funds
received by those Tribal governments that participate in the
``Small and Needy'' program.
(d) Distribution; Use of Funds.--Amounts made available
under this section that are distributed to Indian Tribes and
Tribal organizations for services pursuant to a self-
determination contract (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)) or a self-governance compact entered into pursuant to
section 404(a) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5364(a))--
[[Page S4348]]
(1) shall be distributed on a 1-time basis;
(2) shall not be part of the amount required by subsections
(a) and (b) of section 106 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5325); and
(3) shall only be used for the purposes identified under
the applicable subsection.
______
SA 5462. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 80004 and insert the following:
SEC. 80004. FEDERAL INDIAN BOARDING SCHOOL INITIATIVE.
In addition to amounts otherwise available, there is
appropriated to the Secretary of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $12,500,000, to remain available until
September 30, 2031, to carry out the Federal Indian Boarding
School Initiative of the Department of the Interior.
______
SA 5463. Mr. GRAHAM submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 60103 and insert the following:
SEC. 60103. NUCLEAR REGULATORY COMMISSION.
In addition to amounts otherwise available, there are
appropriated to the Nuclear Regulatory Commission for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(1) $200,000,000 for expenses necessary for the Nuclear
Regulatory Commission to carry out activities relating to the
review and approval or disapproval of an application for an
early site permit (as defined in section 52.1 of title 10,
Code of Federal Regulations (or a successor regulation)); and
(2) $30,000,000 for expenses necessary for the Nuclear
Regulatory Commission to conduct environmental reviews that--
(A) are for a subsequent license renewal (commonly referred
to as an ``SLR'');
(B) begin after February 24, 2022; and
(C) are carried out in accordance with parts 51 and 54 of
title 10, Code of Federal Regulations (or successor
regulations).
______
SA 5464. Mr. CASSIDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 1 of subtitle B of title I, add the
following:
SEC. 11005. ENSURING ACCESS FOR MEDICARE BENEFICIARIES TO
ORAL CANCER DRUGS.
Sec. 1192(e)(3) of the Social Security Act, as added by
section 11001, is amended by adding at the end the following
new subparagraph:
``(D) Oral cancer drugs.--A drug used to treat oral
cancer.''.
______
SA 5465. Mr. CASSIDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. FUNDING FOR CHARTER SCHOOL PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $440,000,000, to remain available through
September 30, 2031, for the charter school program under part
C of title IV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7221 et seq.).
______
SA 5466. Mr. CASSIDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ALLOWING COMMITTEES OF JURISDICTION ACCESS TO
INFORMATION SUBMITTED BY PHARMACY BENEFIT
MANAGERS FOR LEGISLATIVE PURPOSES.
(a) In General.--Section 1150A(c) of the Social Security
Act (42 U.S.C. 1320b-23(c)) is amended by adding at the end
the following new paragraph:
``(5) To the Committee on Ways and Means and the Committee
on Energy and Commerce of the House of Representatives and
the Committee on Finance of the Senate, for the purposes of
providing congressional oversight and legislative
recommendations with respect to the Medicare prescription
drug program under part D of title XVIII.''.
(b) Funding.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Centers for Medicare
& Medicaid Services, out of any money in the Treasury not
otherwise appropriated, $900,000 for fiscal year 2022, to
remain available until expended, to carry out the provisions
of, including the amendments made by, this section.
(2) Offsetting reduction in funding for drug price
negotiation.--Section 11004 is amended by striking
``$3,000,000,000'' and inserting ``$2,999,000,000''.
______
SA 5467. Mr. CASSIDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 11004 and insert the following:
SEC. 11004. FUNDING.
In addition to amounts otherwise available, there is
appropriated to the Centers for Medicare & Medicaid Services,
out of any money in the Treasury not otherwise appropriated,
$1,725,000,000 for fiscal year 2022, to remain available
until expended, to carry out the provisions of, including the
amendments made by, this part (other than section 11005).
SEC. 11005. PROTECTING MEDICARE BENEFICIARIES' ACCESS TO
HEALTH CARE PROVIDERS.
Section 1848 of the Social Security Act (42 U.S.C. 1395w-4)
is amended--
(1) in subsection (c)(2)(B)(iv)(V), by striking ``or 2022''
and inserting ``, 2022, or 2023''; and
(2) in subsection (t)--
(A) in the subsection heading, by striking ``and 2022'' and
inserting ``, 2022, and 2023'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``and 2022'' and inserting ``, 2022, and 2023'';
(ii) in subparagraph (A), by striking ``and'' at then end;
(iii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following new subparagraph:
``(C) such services furnished on or after January 1, 2023,
and before January 1, 2024, by 1.0 percent.''; and
(C) in paragraph (2)(C)--
(i) in the subparagraph heading, by striking ``and 2022''
and inserting ``, 2022, and 2023''; and
(ii) by striking ``or 2022'' each place it appears and
inserting ``, 2022, or 2023''.
______
SA 5468. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place in subtitle D of title II, insert
the following:
SEC. 23___. ANNUAL TIMBER REVENUE RECEIPTS.
The Secretary shall administer the National Forest System
in a manner necessary to attain annual timber receipts
commensurate with not less than 75 percent of the allowable
sale quantity described in section 13 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1611) and administratively established under each applicable
most recently adopted land and management resource plan.
______
SA 5469. Ms. HASSAN proposed an amendment to amendment SA 5194
proposed by Mr. Schumer to the bill H.R. 5376, to provide for
reconciliation pursuant to title II of S. Con. Res. 14; as follows:
Strike part 6 of subtitle D of title I.
______
SA 5470. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 70002 and insert the following:
SEC. 70002. UNITED STATES POSTAL SERVICE CLEAN FLEETS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the United States Postal
Service for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to be deposited into the
Postal Service Fund established under section 2003 of title
39, United States Code--
(1) $1,290,000,000, to remain available through September
30, 2031, for the purchase of zero-emission delivery vehicles
with respect to which the requirements described in
paragraphs (1), (2)(A), and (3)(A) of subsection (b) are
satisfied; and
(2) $1,710,000,000, to remain available through September
30, 2031, for the purchase, design, and installation of the
requisite infrastructure to support zero-emission delivery
vehicles at facilities that the United States Postal Service
owns or leases from non-Federal entities.
[[Page S4349]]
(b) Requirements.--
(1) Final assembly requirement.--The requirement described
in this paragraph is that final assembly of the vehicle
occurs in North America.
(2) Critical minerals requirement.--
(A) In general.--The requirement described in this
subparagraph with respect to a vehicle is that, with respect
to the battery from which the electric motor of such vehicle
draws electricity, the percentage of the value of the
applicable critical minerals (as defined in section 45X(c)(6)
of the Internal Revenue Code of 1986, as added by section
13502(a) of this Act) contained in such battery that were--
(i) extracted or processed in the United States;
(ii) extracted or processed in any country with which the
United States has a free trade agreement in effect; or
(iii) recycled in North America,
is equal to or greater than the applicable percentage.
(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage shall be--
(i) in the case of a vehicle placed in service before
January 1, 2024, 40 percent;
(ii) in the case of a vehicle placed in service during
calendar year 2024, 50 percent;
(iii) in the case of a vehicle placed in service during
calendar year 2025, 60 percent;
(iv) in the case of a vehicle placed in service during
calendar year 2026, 70 percent; and
(v) in the case of a vehicle placed in service after
December 31, 2026, 80 percent.
(3) Battery component requirement.--
(A) In general.--The requirement described in this
subparagraph with respect to a vehicle is that, with respect
to the battery from which the electric motor of such vehicle
draws electricity, the percentage of the value of the
components contained in such battery that were manufactured
or assembled in North America is equal to or greater than the
applicable percentage.
(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage shall be--
(i) in the case of a vehicle placed in service before
January 1, 2024, 50 percent;
(ii) in the case of a vehicle placed in service during
calendar year 2024 or 2025, 60 percent;
(iii) in the case of a vehicle placed in service during
calendar year 2026, 70 percent;
(iv) in the case of a vehicle placed in service during
calendar year 2027, 80 percent;
(v) in the case of a vehicle placed in service during
calendar year 2029, 90 percent; and
(vi) in the case of a vehicle placed in service after
December 31, 2028, 100 percent.
______
SA 5471. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title IV, add the following:
SEC. 40008. SPECTRUM AUCTION.
(a) Identification.--Not later than 21 months after the
date of enactment of this Act, the Secretary of Commerce, in
consultation with the Secretary of Defense, the Director of
the Office of Science and Technology Policy, and the Federal
Communications Commission (referred to in this section as the
``Commission'') shall submit to the President, the
Commission, and the relevant congressional committees (as
defined in section 90008(a) of the Infrastructure Investment
and Jobs Act (47 U.S.C. 921 note; Public Law 117-58)) a
report that identifies 350 megahertz of electromagnetic
spectrum between the frequencies of 3100 megahertz and 3450
megahertz, inclusive, to be reallocated by the Commission
through a system of competitive bidding under subsection (b)
for non-Federal use or shared Federal and non-Federal use, or
a combination thereof.
(b) Reallocation of Spectrum Through Auction.--
(1) In general.--Not later than 7 years after the date of
enactment of this Act, the Commission shall--
(A) notwithstanding paragraph (11) or (15)(A) of section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)),
in coordination with the Assistant Secretary of Commerce for
Communications and Information, conduct a system of
competitive bidding under that section to award licenses for
non-Federal use or shared Federal and non-Federal use, or a
combination thereof, of the band or bands of electromagnetic
spectrum identified under subsection (a); and
(B) promulgate rules for the use of spectrum reallocated
under subparagraph (A).
(2) Auction proceeds to cover 110 percent of federal
relocation or sharing costs.--Nothing in this subsection
shall be construed to relieve the Commission from the
requirements under section 309(j)(16)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).
(3) Extension of auction authority.--Section 309(j)(11) of
the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is
amended by striking ``section 90008(b)(2)(A)(ii) of the
Infrastructure Investment and Jobs Act'' and inserting
``section 40008(a) of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14' ''.
(c) Use of Auction Proceeds.--Notwithstanding subparagraphs
(A), (C)(i), and (D) of section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), and except
as provided in subparagraph (B) of that paragraph, the
proceeds (including deposits and upfront payments from
successful bidders) of competitive bidding under subsection
(b) of this section (in this subsection referred to as
``covered proceeds'') shall be deposited or available as
follows:
(1) Such amount of the covered proceeds as is necessary to
cover 110 percent of the relocation or sharing costs of
Federal entities relocated from or sharing the frequencies
identified under subsection (a) shall be deposited in the
Spectrum Relocation Fund established under section 118 of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 928).
(2) After the amount required to be deposited by paragraph
(1) of this subsection is so deposited, the Commission shall
use such amounts as are necessary to reimburse the general
fund of the Treasury for any amounts borrowed under section
(d) of this section; and
(3) After compliance with paragraphs (1) and (2) of this
subsection, the Commission shall deposit all remaining
amounts in the general fund of the Treasury for the sole
purpose of deficit reduction.
(d) FCC Borrowing Authority.--The Commission may borrow
from the Treasury of the United States an amount not to
exceed $3,700,000,000 to carry out the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.),
notwithstanding the limitation on expenditures under section
4(k) of that Act (47 U.S.C. 1603(k)) and provided that the
Commission shall not use any funds borrowed under this
subsection in a manner that may result in outlays on or after
September 30, 2031.
(e) Relation to Spectrum Auction Under Infrastructure
Investment and Jobs Act.--Paragraphs (2), (3), and (4) of
section 90008(b) of the Infrastructure Investment and Jobs
Act (47 U.S.C. 921 note; Public Law 117-58) are repealed.
______
SA 5472. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 9 of subtitle D of title I, insert the
following:
SEC. 13904. REMOVAL OF HARMFUL SMALL BUSINESS TAXES;
EXTENSION OF LIMITATION ON DEDUCTION FOR STATE
AND LOCAL, ETC., TAXES.
(a) Removal of Harmful Small Business Taxes.--Subparagraph
(D) of section 59(k)(1), as added by section 10101, is
amended to read as follows:
``(D) Special rules for determining applicable corporation
status.--Solely for purposes of determining whether a
corporation is an applicable corporation under this
paragraph, all adjusted financial statement income of persons
treated as a single employer with such corporation under
subsection (a) or (b) of section 52 shall be treated as
adjusted financial statement income of such corporation, and
adjusted financial statement income of such corporation shall
be determined without regard to paragraphs (2)(D)(i) and (11)
of section 56A(c).''.
(b) Extension of Limitation on Deduction for State and
Local, etc., Taxes.--
(1) In general.--Section 164(b)(6) is amended--
(A) in the heading, by striking ``2025'' and inserting
``2026'', and
(B) by striking ``2026'' and inserting ``2027''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
2022.
______
SA 5473. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
On page 736, line 15, insert ``: Provided, That none of the
funds made available under this paragraph may be used to
replace a vehicle that has been driven for less than 100,000
miles'' before the period.
______
SA 5474. Mr. MARSHALL submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of section 11004, insert the following:
SEC. 11005. FLOOR FOR MAXIMUM FAIR PRICE UNDER THE DRUG PRICE
NEGOTIATION PROGRAM.
Section 1194 the Social Security Act, as added by section
11001, is amended--
(1) in subsection (b)(2)(F)(ii), by inserting ``or (h)''
after ``subsection (d)''; and
(2) by adding at the end the following new subsection:
``(h) Floor for Maximum Fair Price.--
``(1) In general.--The maximum fair price negotiated under
this section for a selected drug (other than a small biotech
drug described in subsection (d) for 2029 and 2030), with
respect to the first year of the price applicability period
with respect to such drug,
[[Page S4350]]
may not be less than the applicable percent of the lower of--
``(A) the amount under subsection (c)(1)(B), as applicable;
or
``(B) the amount under subsection (c)(1)(C), as applicable.
``(2) Applicable percent.--In paragraph (1), the term
`applicable percent' means--
``(A) in the case of a short monopoly drug (as described in
subparagraph (c)(3)(A)), 65 percent;
``(B) in the case of an extended-monopoly drug (as defined
in subsection (c)(4)), 55 percent; and
``(C) in the case of a long-monopoly drug (as defined in
subsection (c)(5), 30 percent.''.
______
SA 5475. Mr. MARSHALL submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title I, add the following:
Subtitle E--Striking the Continued Delay of Prescription Drug Rebate
Rule
SEC. 14001. STRIKING CONTINUED DELAY OF IMPLEMENTATION OF
PRESCRIPTION DRUG REBATE RULE.
(a) In General.--Subtitle B of title I is amended by
striking part 4.
(b) Offsetting Reductions in Funding.--
(1) Section 10301(a)(1) of this Act is amended by striking
paragraph (1).
(2) Title III of this Act is amended by striking section
30001.
(3) Title V of this Act is amended--
(A) by striking 50121; and
(B) by striking section 50144.
(4) Title VI of this Act is amended--
(A) by striking section 60103;
(B) by striking section 60113; and
(C) by striking section 60114.
______
SA 5476. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. EXTENSION OF TREATMENT OF RESEARCH AND
EXPERIMENTAL EXPENDITURES.
(a) In General.--Section 13206 of Public Law 115-97 is
amended--
(1) in subsection (b)(3), by striking ``2021'' and
inserting ``2022'', and
(2) in subsection (e), by striking ``2021'' and inserting
``2022''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in section 13206 of Public
Law 115-97.
______
SA 5477. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. EXTENSION OF TREATMENT OF RESEARCH AND
EXPERIMENTAL EXPENDITURES.
(a) In General.--Section 13206 of Public Law 115-97 is
amended--
(1) in subsection (b)(3), by striking ``2021'' and
inserting ``2023'', and
(2) in subsection (e), by striking ``2021'' and inserting
``2023''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in section 13206 of Public
Law 115-97.
______
SA 5478. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. EXTENSION OF TREATMENT OF RESEARCH AND
EXPERIMENTAL EXPENDITURES.
(a) In General.--Section 13206 of Public Law 115-97 is
amended--
(1) in subsection (b)(3), by striking ``2021'' and
inserting ``2025'', and
(2) in subsection (e), by striking ``2021'' and inserting
``2025''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in section 13206 of Public
Law 115-97.
______
SA 5479. Mr. CRAPO (for himself, Mr. Marshall, Mr. Daines, Mr.
Tillis, Mr. Burr, and Mr. Risch) submitted an amendment intended to be
proposed to amendment SA 5194 proposed by Mr. Schumer to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; which was ordered to lie on the table; as follows:
Strike parts 1 through 4 of subtitle B of title I and
insert the following:
PART 1--MEDICARE AND MEDICAID PROVISIONS
Subpart A--Medicare Part B Provisions
SEC. 11001. IMPROVEMENTS TO MEDICARE SITE-OF-SERVICE
TRANSPARENCY.
Section 1834(t) of the Social Security Act (42 U.S.C.
1395m(t)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``In general'' and
inserting ``Site payment'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``or to'' and inserting ``, to'';
(ii) by inserting ``, or to a physician for services
furnished in a physician's office'' after ``surgical center
under this title''; and
(iii) by inserting ``(or 2023 with respect to a physician
for services furnished in a physician's office)'' after
``2018''; and
(C) in subparagraph (A)--
(i) by striking ``and the'' and inserting ``, the''; and
(ii) by inserting ``, and the physician fee schedule under
section 1848 (with respect to the practice expense component
of such payment amount)'' after ``such section'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Physician payment.--Beginning in 2023, the Secretary
shall expand the information included on the internet website
described in paragraph (1) to include--
``(A) the amount paid to a physician under section 1848 for
an item or service for the settings described in paragraph
(1); and
``(B) the estimated amount of beneficiary liability
applicable to the item or service.''.
SEC. 11002. PROVIDING FOR VARIATION IN PAYMENT FOR CERTAIN
DRUGS COVERED UNDER PART B OF THE MEDICARE
PROGRAM.
(a) In General.--Section 1847A(b) of the Social Security
Act (42 U.S.C. 1395w-3a(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting after ``or 106
percent'' the following: ``(or, for a multiple source drug
(other than autologous cellular immunotherapy) furnished on
or after January 1, 2023, the applicable percent specified in
paragraph (9)(A) for the drug and quarter involved)''; and
(B) in subparagraph (B) of paragraph (1), by inserting
after ``106 percent'' the following: ``(or, for a single
source drug or biological (other than autologous cellular
immunotherapy) furnished on or after January 1, 2023, the
applicable percent specified in paragraph (9)(A) for the drug
or biological and quarter involved)''; and
(2) by adding at the end the following new paragraph:
``(9) Application of variable percentages based on
percentile ranking of per beneficiary allowed charges.--
``(A) Applicable percent to be applied.--
``(i) In general.--Subject to clause (ii), with respect to
a drug or biological furnished in a calendar quarter
beginning on or after January 1, 2023, if the Secretary
determines that the percentile rank of a drug or biological
under subparagraph (B)(i)(III), with respect to per
beneficiary allowed charges for all such drugs or
biologicals, is--
``(I) at least equal to the 85th percentile, the applicable
percent for the drug for such quarter under this subparagraph
is 104 percent;
``(II) at least equal to the 70th percentile, but less than
the 85th percentile, such applicable percent is 106 percent;
``(III) at least equal to the 50th percentile, but less
than the 70th percentile, such applicable percent is 108
percent; or
``(IV) less than the 50th percentile, such applicable
percent is 110 percent.
``(ii) Cases where data not sufficiently available to
compute per beneficiary allowed charges.--Subject to clause
(iii), in the case of a drug or biological furnished for
which the amount of payment is determined under subparagraph
(A) or (B) of paragraph (1) and not under subsection (c)(4),
for calendar quarters during a period in which data are not
sufficiently available to compute a per beneficiary allowed
charges for the drug or biological, the applicable percent is
106 percent.
``(B) Determination of percentile rank of per beneficiary
allowed charges of drugs.--
``(i) In general.--With respect to a calendar quarter
beginning on or after January 1, 2023, for drugs and
biologicals for which the amount of payment is determined
under subparagraph (A) or (B) of paragraph (1), except for
drugs or biologicals for which data are not sufficiently
available, the Secretary shall--
``(I) compute the per beneficiary allowed charges (as
defined in subparagraph (C)) for each such drug or
biological;
``(II) adjust such per beneficiary allowed charges for the
quarter, to the extent provided under subparagraph (D); and
``(III) arrange such adjusted per beneficiary allowed
charges for all such drugs or biologicals from high to low
and rank such drugs or biologicals by percentile of such per
beneficiary allowed charges.
``(ii) Frequency.--The Secretary shall make the
computations under clause (i)(I) every 6 months (or, if
necessary, as determined by the Secretary, every 9 or 12
months) and such computations shall apply
[[Page S4351]]
to succeeding calendar quarters until a new computation has
been made.
``(iii) Applicable data period.--For purposes of this
paragraph, the term `applicable data period' means the most
recent period for which the data necessary for making the
computations under clause (i) are available, as determined by
the Secretary.
``(C) Per beneficiary allowed charges defined.--In this
paragraph, the term `per beneficiary allowed charges' means,
with respect to a drug or biological for which the amount of
payment is determined under subparagraph (A) or (B) of
paragraph (1)--
``(i) the allowed charges for the drug or biological for
which payment is so made for the applicable data period, as
estimated by the Secretary; divided by
``(ii) the number of individuals for whom any payment for
the drug or biological was made under paragraph (1) for the
applicable data period, as estimated by the Secretary.
``(D) Adjustment to reflect changes in average sales
price.--In applying this paragraph for a particular calendar
quarter, the Secretary shall adjust the per beneficiary
allowed charges for a drug or biological by multiplying such
per beneficiary allowed charges under subparagraph (C) for
the applicable data period by the ratio of--
``(i) the average sales price for the drug or biological
for the most recent calendar quarter used under subsection
(c)(5)(B); to
``(ii) the average sales price for the drug or biological
for the calendar quarter (or the weighted average for the
quarters involved) included in the applicable data period.''.
(b) Application of Judicial Review Provisions.--Section
1847A(i) of the Social Security Act (42 U.S.C. 1395w-3a(i))
is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) the determination of per beneficiary allowed charges
of drugs or biologicals and ranking of such charges under
subsection (b)(9).''.
SEC. 11003. ESTABLISHMENT OF MAXIMUM ADD-ON PAYMENT FOR DRUGS
AND BIOLOGICALS.
(a) In General.--Section 1847A of the Social Security Act
(42 U.S.C. 1395w-3a), as amended by section 11002, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``paragraph (7)'' and inserting ``paragraphs
(7) and (10)''; and
(B) by adding at the end the following new paragraph:
``(10) Maximum add-on payment amount.--
``(A) In general.--In determining the payment amount under
the provisions of subparagraph (A), (B), or (C) of paragraph
(1) of this subsection, subsection (c)(4)(A)(ii), or
subsection (d)(3)(C) for a drug or biological furnished on or
after January 1, 2023, if the applicable add-on payment (as
defined in subparagraph (B)) for each drug or biological on a
claim for a date of service exceeds the maximum add-on
payment amount specified under subparagraph (C) for the drug
or biological, then the payment amount otherwise determined
for the drug or biological under those provisions, as
applicable, shall be reduced by the amount of such excess.
``(B) Applicable add-on payment defined.--In this
paragraph, the term `applicable add-on payment' means the
following amounts, determined without regard to the
application of subparagraph (A):
``(i) In the case of a multiple source drug, an amount
equal to the difference between--
``(I) the amount that would otherwise be applied under
paragraph (1)(A); and
``(II) the amount that would be applied under such
paragraph if `100 percent' were substituted for the
applicable percent (as defined in paragraph (9)) for such
drug.
``(ii) In the case of a single source drug or biological,
an amount equal to the difference between--
``(I) the amount that would otherwise be applied under
paragraph (1)(B); and
``(II) the amount that would be applied under such
paragraph if `100 percent' were substituted for the
applicable percent (as defined in paragraph (9)) for such
drug or biological.
``(iii) In the case of a biosimilar biological product, the
amount otherwise determined under paragraph (8)(B).
``(iv) In the case of a drug or biological during the
initial period described in subsection (c)(4)(A), an amount
equal to the difference between--
``(I) the amount that would otherwise be applied under
subsection (c)(4)(A)(ii); and
``(II) the amount that would be applied under such
subsection if `100 percent' were substituted, as applicable,
for--
``(aa) `103 percent' in subclause (I) of such subsection;
or
``(bb) any percent in excess of 100 percent applied under
subclause (II) of such subsection.
``(v) In the case of a drug or biological to which
subsection (d)(3)(C) applies, an amount equal to the
difference between--
``(I) the amount that would otherwise be applied under such
subsection; and
``(II) the amount that would be applied under such
subsection if `100 percent' were substituted, as applicable,
for--
``(aa) any percent in excess of 100 percent applied under
clause (i) of such subsection; or
``(bb) `103 percent' in clause (ii) of such subsection.
``(C) Maximum add-on payment amount specified.--For
purposes of subparagraph (A), the maximum add-on payment
amount specified in this subparagraph is--
``(i) with respect to a drug or biological (other than
autologous or allogeneric cellular immunotherapy)--
``(I) for each of 2023 through 2030, $1,000; and
``(II) for a subsequent year, the amount specified in this
subparagraph for the preceding year increased by the
percentage increase in the consumer price index for all urban
consumers (all items; United States city average) for the 12-
month period ending with June of the previous year; or
``(ii) with respect to a drug or biological consisting of
autologous or allogeneric cellular immunotherapy--
``(I) for each of 2023 through 2030, $2,000; and
``(II) for a subsequent year, the amount specified in this
subparagraph for the preceding year increased by the
percentage increase in the consumer price index for all urban
consumers (all items; United States city average) for the 12-
month period ending with June of the previous year.
Any amount determined under this subparagraph that is not a
multiple of $10 shall be rounded to the nearest multiple of
$10.''; and
(2) in subsection (c)(4)(A)(ii), by striking ``in the
case'' and inserting ``subject to subsection (b)(10), in the
case''.
(b) Conforming Amendments Relating to Separately Payable
Drugs.--
(1) OPPS.--Section 1833(t)(14) of the Social Security Act
(42 U.S.C. 1395l(t)(14)) is amended--
(A) in subparagraph (A)(iii)(II), by inserting ``, subject
to subparagraph (I)'' after ``are not available''; and
(B) by adding at the end the following new subparagraph:
``(I) Application of maximum add-on payment for separately
payable drugs and biologicals.--In establishing the amount of
payment under subparagraph (A) for a specified covered
outpatient drug that is furnished as part of a covered OPD
service (or group of services) on or after January 1, 2023,
if such payment is determined based on the average price for
the year established under section 1847A pursuant to clause
(iii)(II) of such subparagraph, the provisions of subsection
(b)(10) of section 1847A shall apply to the amount of payment
so established in the same manner as such provisions apply to
the amount of payment under section 1847A.''.
(2) ASC.--Section 1833(i)(2)(D) of the Social Security Act
(42 U.S.C. 1395l(i)(2)(D)) is amended--
(A) by moving clause (v) 6 ems to the left;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following new clause:
``(vi) If there is a separate payment under the system
described in clause (i) for a drug or biological furnished on
or after January 1, 2023, the provisions of subsection
(t)(14)(I) shall apply to the establishment of the amount of
payment for the drug or biological under such system in the
same manner in which such provisions apply to the
establishment of the amount of payment under subsection
(t)(14)(A).''.
SEC. 11004. TREATMENT OF DRUG ADMINISTRATION SERVICES
FURNISHED BY CERTAIN EXCEPTED OFF-CAMPUS
OUTPATIENT DEPARTMENTS OF A PROVIDER.
Section 1833(t)(16) of the Social Security Act (42 U.S.C.
1395l(t)(16)) is amended by adding at the end the following
new subparagraph:
``(G) Special payment rule for drug administration services
furnished by an excepted department of a provider.--
``(i) In general.--In the case of a covered OPD service
that is a drug administration service (as defined by the
Secretary) furnished by a department of a provider described
in clause (ii) or (iv) of paragraph (21)(B), the payment
amount for such service furnished on or after January 1,
2023, shall be the same payment amount (as determined in
paragraph (21)(C)) that would apply if the drug
administration service was furnished by an off-campus
outpatient department of a provider (as defined in paragraph
(21)(B)).
``(ii) Application without regard to budget neutrality.--
The reductions made under this subparagraph--
``(I) shall not be considered an adjustment under paragraph
(2)(E); and
``(II) shall not be implemented in a budget neutral
manner.''.
SEC. 11005. CREDIT UNDER THE MEDICARE MERIT-BASED INCENTIVE
PAYMENT SYSTEM FOR COMPLETION OF A CLINICAL
MEDICAL EDUCATION PROGRAM ON BIOSIMILAR
BIOLOGICAL PRODUCTS.
Section 1848(q)(5)(C) of the Social Security Act (42 U.S.C.
1395w-4(q)(5)(C)) is amended by adding at the end the
following new clause:
``(iv) Clinical medical education program on biosimilar
biological products.--Completion of a clinical medical
education program developed or improved under section 352A(b)
of the Public Health Service Act by a MIPS eligible
professional during a performance period shall earn such
eligible professional one-half of the highest potential score
for the performance category described in paragraph
(2)(A)(iii) for such performance period. A MIPS eligible
professional may only count the completion of such a program
for purposes of such category one time during the eligible
professional's lifetime.''.
[[Page S4352]]
SEC. 11006. GAO STUDY AND REPORT ON AVERAGE SALES PRICE.
(a) Study.--
(1) In general.--The Comptroller General of the United
States (in this section referred to as the ``Comptroller
General'') shall conduct a study on spending for applicable
drugs under part B of title XVIII of the Social Security Act.
(2) Applicable drugs defined.--In this section, the term
``applicable drugs'' means drugs and biologicals--
(A) for which reimbursement under such part B is based on
the average sales price of the drug or biological; and
(B) that account for the largest percentage of total
spending on drugs and biologicals under such part B (as
determined by the Comptroller General, but in no case less
than 25 drugs or biologicals).
(3) Requirements.--The study under paragraph (1) shall
include an analysis of the following:
(A) The extent to which each applicable drug is paid for--
(i) under such part B for Medicare beneficiaries; or
(ii) by private payers in the commercial market.
(B) Any change in Medicare spending or Medicare beneficiary
cost-sharing that would occur if the average sales price of
an applicable drug was based solely on payments by private
payers in the commercial market.
(C) The extent to which drug manufacturers provide rebates,
discounts, or other price concessions to private payers in
the commercial market for applicable drugs, which the
manufacturer includes in its average sales price calculation,
for--
(i) formulary placement;
(ii) utilization management considerations; or
(iii) other purposes.
(D) Barriers to drug manufacturers providing such price
concessions for applicable drugs.
(E) Other areas determined appropriate by the Comptroller
General.
(b) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the study conducted under subsection
(a), together with recommendations for such legislation and
administrative action as the Secretary determines
appropriate.
Subpart B--Medicare Part D Provisions
SEC. 11011. MEDICARE PART D BENEFIT REDESIGN.
(a) Benefit Structure Redesign.--Section 1860D-2(b) of the
Social Security Act (42 U.S.C. 1395w-102(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting ``for
a year preceding 2023 and for costs above the annual
deductible specified in paragraph (1) and up to the annual
out-of-pocket threshold specified in paragraph (4)(B) for
2023 and each subsequent year'' after ``paragraph (3)'';
(ii) in clause (i), by inserting after ``25 percent'' the
following: ``(or, for 2023 and each subsequent year, 15
percent)''; and
(iii) in clause (ii), by inserting ``(or, for 2023 and each
subsequent year, 15 percent)'' after ``25 percent'';
(B) in subparagraph (C)--
(i) in clause (i), in the matter preceding subclause (I),
by inserting ``for a year preceding 2023,'' after ``paragraph
(4),''; and
(ii) in clause (ii)(III), by striking ``and each subsequent
year'' and inserting ``2021, and 2022''; and
(C) in subparagraph (D)--
(i) in clause (i)--
(I) in the matter preceding subclause (I), by inserting
``for a year preceding 2023,'' after ``paragraph (4),''; and
(II) in subclause (I)(bb), by striking ``a year after
2018'' and inserting ``each of years 2018 through 2022''; and
(ii) in clause (ii)(V), by striking ``2019 and each
subsequent year'' and inserting ``each of years 2019 through
2022'';
(2) in paragraph (3)(A)--
(A) in the matter preceding clause (i), by inserting ``for
a year preceding 2023,'' after ``and (4),''; and
(B) in clause (ii), by striking ``for a subsequent year''
and inserting ``for each of years 2007 through 2022''; and
(3) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by redesignating subclauses (I) and (II) as items (aa)
and (bb), respectively, and indenting appropriately;
(II) in the matter preceding item (aa), as redesignated by
subclause (I), by striking ``is equal to the greater of--''
and inserting ``is equal to--
``(I) for a year preceding 2023, the greater of--'';
(III) by striking the period at the end of item (bb), as
redesignated by subclause (I), and inserting ``; and''; and
(IV) by adding at the end the following:
``(II) for 2023 and each succeeding year, $0.''; and
(ii) in clause (ii)--
(I) by striking ``clause (i)(I)'' and inserting ``clause
(i)(I)(aa)''; and
(II) by adding at the end the following new sentence: ``The
Secretary shall continue to calculate the dollar amounts
specified in clause (i)(I)(aa), including with the adjustment
under this clause, after 2022 for purposes of section 1860D-
14(a)(1)(D)(iii).'';
(B) in subparagraph (B)--
(i) in clause (i)--
(I) in subclause (V), by striking ``or'' at the end;
(II) in subclause (VI)--
(aa) by striking ``for a subsequent year'' and inserting
``for 2021 and 2022''; and
(bb) by striking the period at the end and inserting a
semicolon; and
(III) by adding at the end the following new subclauses:
``(VII) for 2023, is equal to $3,100; or
``(VIII) for a subsequent year, is equal to the amount
specified in this subparagraph for the previous year,
increased by the annual percentage increase described in
paragraph (6) for the year involved.''; and
(ii) in clause (ii), by striking ``clause (i)(II)'' and
inserting ``clause (i)'';
(C) in subparagraph (C)(i), by striking ``and for amounts''
and inserting ``and for a year preceding 2023 for amounts'';
and
(D) in subparagraph (E), by striking ``In applying'' and
inserting ``For each of 2011 through 2022, in applying''.
(b) Decreasing Reinsurance Payment Amount.--Section 1860D-
15(b)(1) of the Social Security Act (42 U.S.C. 1395w-
115(b)(1)) is amended--
(1) by striking ``equal to 80 percent'' and inserting
``equal to--
``(A) for a year preceding 2023, 80 percent'';
(2) in subparagraph (A), as added by paragraph (1), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(B) for 2023 and each subsequent year, the sum of--
``(i) an amount equal to 20 percent of the allowable
reinsurance costs (as specified in paragraph (2))
attributable to that portion of gross covered prescription
drug costs as specified in paragraph (3) incurred in the
coverage year after such individual has incurred costs that
exceed the annual out-of-pocket threshold specified in
section 1860D-2(b)(4)(B) with respect to applicable drugs (as
defined in section 1860D-14B(g)(2)); and
``(ii) an amount equal to 30 percent of the allowable
reinsurance costs (as specified in paragraph (2))
attributable to that portion of gross covered prescription
drug costs as specified in paragraph (3) incurred in the
coverage year after such individual has incurred costs that
exceed the annual out-of-pocket threshold specified in
section 1860D-2(b)(4)(B) with respect to covered part D drugs
that are not applicable drugs (as so defined).''.
(c) Manufacturer Discount Program.--
(1) In general.--Part D of title XVIII of the Social
Security Act is amended by inserting after section 1860D-14A
(42 U.S.C. 1495w-114) the following new section:
``SEC. 1860D-14B. MANUFACTURER DISCOUNT PROGRAM.
``(a) Establishment.--The Secretary shall establish a
manufacturer discount program (in this section referred to as
the `program'). Under the program, the Secretary shall enter
into agreements described in subsection (b) with
manufacturers and provide for the performance of the duties
described in subsection (c). The Secretary shall establish a
model agreement for use under the program by not later than
January 1, 2024, in consultation with manufacturers, and
allow for comment on such model agreement.
``(b) Terms of Agreement.--
``(1) In general.--
``(A) Agreement.--An agreement under this section shall
require the manufacturer to provide applicable beneficiaries
access to discounted prices for applicable drugs of the
manufacturer that are dispensed on or after January 1, 2023.
``(B) Provision of discounted prices at the point-of-
sale.--The discounted prices described in subparagraph (A)
shall be provided to the applicable beneficiary at the
pharmacy or by the mail order service at the point-of-sale of
an applicable drug.
``(2) Provision of appropriate data.--Each manufacturer
with an agreement in effect under this section shall collect
and have available appropriate data, as determined by the
Secretary, to ensure that it can demonstrate to the Secretary
compliance with the requirements under the program.
``(3) Compliance with requirements for administration of
program.--Each manufacturer with an agreement in effect under
this section shall comply with requirements imposed by the
Secretary or a third party with a contract under subsection
(d)(3), as applicable, for purposes of administering the
program, including any determination under subparagraph (A)
of subsection (c)(1) or procedures established under such
subsection (c)(1).
``(4) Length of agreement.--
``(A) In general.--An agreement under this section shall be
effective for an initial period of not less than 12 months
and shall be automatically renewed for a period of not less
than 1 year unless terminated under subparagraph (B).
``(B) Termination.--
``(i) By the secretary.--The Secretary may provide for
termination of an agreement under this section for a knowing
and willful violation of the requirements of the agreement or
other good cause shown. Such termination shall not be
effective earlier than 30 days after the date of notice to
the manufacturer of such termination. The Secretary shall
provide, upon request, a manufacturer with a hearing
concerning such a termination, and such hearing shall take
place prior to the effective date of the termination with
sufficient time for such effective date
[[Page S4353]]
to be repealed if the Secretary determines appropriate.
``(ii) By a manufacturer.--A manufacturer may terminate an
agreement under this section for any reason. Any such
termination shall be effective, with respect to a plan year--
``(I) if the termination occurs before January 30 of a plan
year, as of the day after the end of the plan year; and
``(II) if the termination occurs on or after January 30 of
a plan year, as of the day after the end of the succeeding
plan year.
``(iii) Effectiveness of termination.--Any termination
under this subparagraph shall not affect discounts for
applicable drugs of the manufacturer that are due under the
agreement before the effective date of its termination.
``(iv) Notice to third party.--The Secretary shall provide
notice of such termination to a third party with a contract
under subsection (d)(3) within not less than 30 days before
the effective date of such termination.
``(5) Effective date of agreement.--An agreement under this
section shall take effect on a date determined appropriate by
the Secretary, which may be at the start of a calendar
quarter.
``(c) Duties Described.--The duties described in this
subsection are the following:
``(1) Administration of program.--Administering the
program, including--
``(A) the determination of the amount of the discounted
price of an applicable drug of a manufacturer;
``(B) the establishment of procedures under which
discounted prices are provided to applicable beneficiaries at
pharmacies or by mail order service at the point-of-sale of
an applicable drug;
``(C) the establishment of procedures to ensure that, not
later than the applicable number of calendar days after the
dispensing of an applicable drug by a pharmacy or mail order
service, the pharmacy or mail order service is reimbursed for
an amount equal to the difference between--
``(i) the negotiated price of the applicable drug; and
``(ii) the discounted price of the applicable drug;
``(D) the establishment of procedures to ensure that the
discounted price for an applicable drug under this section is
applied before any coverage or financial assistance under
other health benefit plans or programs that provide coverage
or financial assistance for the purchase or provision of
prescription drug coverage on behalf of applicable
beneficiaries as the Secretary may specify; and
``(E) providing a reasonable dispute resolution mechanism
to resolve disagreements between manufacturers, applicable
beneficiaries, and the third party with a contract under
subsection (d)(3).
``(2) Monitoring compliance.--
``(A) In general.--The Secretary shall monitor compliance
by a manufacturer with the terms of an agreement under this
section.
``(B) Notification.--If a third party with a contract under
subsection (d)(3) determines that the manufacturer is not in
compliance with such agreement, the third party shall notify
the Secretary of such noncompliance for appropriate
enforcement under subsection (e).
``(3) Collection of data from prescription drug plans and
ma-pd plans.--The Secretary may collect appropriate data from
prescription drug plans and MA-PD plans in a timeframe that
allows for discounted prices to be provided for applicable
drugs under this section.
``(d) Administration.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall provide for the implementation of this section,
including the performance of the duties described in
subsection (c).
``(2) Limitation.--In providing for the implementation of
this section, the Secretary shall not receive or distribute
any funds of a manufacturer under the program.
``(3) Contract with third parties.--The Secretary shall
enter into a contract with one or more third parties to
administer the requirements established by the Secretary in
order to carry out this section. At a minimum, the contract
with a third party under the preceding sentence shall require
that the third party--
``(A) receive and transmit information between the
Secretary, manufacturers, and other individuals or entities
the Secretary determines appropriate;
``(B) receive, distribute, or facilitate the distribution
of funds of manufacturers to appropriate individuals or
entities in order to meet the obligations of manufacturers
under agreements under this section;
``(C) provide adequate and timely information to
manufacturers, consistent with the agreement with the
manufacturer under this section, as necessary for the
manufacturer to fulfill its obligations under this section;
and
``(D) permit manufacturers to conduct periodic audits,
directly or through contracts, of the data and information
used by the third party to determine discounts for applicable
drugs of the manufacturer under the program.
``(4) Performance requirements.--The Secretary shall
establish performance requirements for a third party with a
contract under paragraph (3) and safeguards to protect the
independence and integrity of the activities carried out by
the third party under the program under this section.
``(5) Administration.--Chapter 35 of title 44, United
States Code, shall not apply to the program under this
section.
``(e) Enforcement.--
``(1) Audits.--Each manufacturer with an agreement in
effect under this section shall be subject to periodic audit
by the Secretary.
``(2) Civil money penalty.--
``(A) In general.--The Secretary shall impose a civil money
penalty on a manufacturer that fails to provide applicable
beneficiaries discounts for applicable drugs of the
manufacturer in accordance with such agreement for each such
failure in an amount the Secretary determines is commensurate
with the sum of--
``(i) the amount that the manufacturer would have paid with
respect to such discounts under the agreement, which will
then be used to pay the discounts which the manufacturer had
failed to provide; and
``(ii) 25 percent of such amount.
``(B) Application.--The provisions of section 1128A (other
than subsections (a) and (b)) shall apply to a civil money
penalty under this paragraph in the same manner as such
provisions apply to a penalty or proceeding under section
1128A(a).
``(f) Clarification Regarding Availability of Other Covered
Part D Drugs.--Nothing in this section shall prevent an
applicable beneficiary from purchasing a covered part D drug
that is not on the formulary of the prescription drug plan or
MA-PD plan that the applicable beneficiary is enrolled in.
``(g) Definitions.--In this section:
``(1) Applicable beneficiary.--The term `applicable
beneficiary' means an individual who, on the date of
dispensing a covered part D drug--
``(A) is enrolled in a prescription drug plan or an MA-PD
plan;
``(B) is not enrolled in a qualified retiree prescription
drug plan; and
``(C) has incurred costs for covered part D drugs in the
year that are equal to or exceed the annual deductible
specified in section 1860D-2(b)(1) for such year.
``(2) Applicable drug.--The term `applicable drug' means,
with respect to an applicable beneficiary, a covered part D
drug--
``(A) approved under a new drug application under section
505(c) of the Federal Food, Drug, and Cosmetic Act or, in the
case of a biologic product, licensed under section 351 of the
Public Health Service Act (including a product licensed under
subsection (k) of such section); and
``(B)(i) if the PDP sponsor of the prescription drug plan
or the MA organization offering the MA-PD plan uses a
formulary, which is on the formulary of the prescription drug
plan or MA-PD plan that the applicable beneficiary is
enrolled in;
``(ii) if the PDP sponsor of the prescription drug plan or
the MA organization offering the MA-PD plan does not use a
formulary, for which benefits are available under the
prescription drug plan or MA-PD plan that the applicable
beneficiary is enrolled in; or
``(iii) is provided through an exception or appeal.
``(3) Applicable number of calendar days.--The term
`applicable number of calendar days' means--
``(A) with respect to claims for reimbursement submitted
electronically, 14 days; and
``(B) with respect to claims for reimbursement submitted
otherwise, 30 days.
``(4) Discounted price.--
``(A) In general.--The term `discounted price' means, with
respect to an applicable drug of a manufacturer furnished
during a year to an applicable beneficiary, 90 percent of the
negotiated price of such drug.
``(B) Clarification.--Nothing in this section shall be
construed as affecting the responsibility of an applicable
beneficiary for payment of a dispensing fee for an applicable
drug.
``(C) Special case for claims spanning deductible.--In the
case where the entire amount of the negotiated price of an
individual claim for an applicable drug with respect to an
applicable beneficiary does not fall at or above the annual
deductible specified in section 1860D-2(b)(1) for the year,
the manufacturer of the applicable drug shall provide the
discounted price under this section on only the portion of
the negotiated price of the applicable drug that falls at or
above such annual deductible.
``(5) Manufacturer.--The term `manufacturer' means any
entity which is engaged in the production, preparation,
propagation, compounding, conversion, or processing of
prescription drug products, either directly or indirectly by
extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis. Such term
does not include a wholesale distributor of drugs or a retail
pharmacy licensed under State law.
``(6) Negotiated price.--The term `negotiated price' has
the meaning given such term in section 1860D-2(d)(1)(B),
except that such negotiated price shall not include any
dispensing fee for an applicable drug.
``(7) Qualified retiree prescription drug plan.--The term
`qualified retiree prescription drug plan' has the meaning
given such term in section 11860D-22(a)(2).''.
(2) Sunset of medicare coverage gap discount program.--
Section 1860D-14A of the Social Security Act (42 U.S.C. 1395-
114a) is amended--
(A) in subsection (a), in the first sentence, by striking
``The Secretary'' and inserting ``Subject to subsection (h),
the Secretary''; and
(B) by adding at the end the following new subsection:
``(h) Sunset of Program.--
[[Page S4354]]
``(1) In general.--The program shall not apply to
applicable drugs dispensed on or after January 1, 2023, and,
subject to paragraph (2), agreements under this section shall
be terminated as of such date.
``(2) Continued application for applicable drugs dispensed
prior to sunset.--The provisions of this section (including
all responsibilities and duties) shall continue to apply
after January 1, 2023, with respect to applicable drugs
dispensed prior to such date.''.
(3) Inclusion of actuarial value of manufacturer discounts
in bids.--Section 1860D-11 of the Social Security Act (42
U.S.C. 1395w-111) is amended--
(A) in subsection (b)(2)(C)(iii)--
(i) by striking ``assumptions regarding the reinsurance''
and inserting ``assumptions regarding--
``(I) the reinsurance''; and
(ii) by adding at the end the following:
``(II) for 2023 and each subsequent year, the manufacturer
discounts provided under section 1860D- 14B subtracted from
the actuarial value to produce such bid; and''; and
(B) in subsection (c)(1)(C)--
(i) by striking ``an actuarial valuation of the
reinsurance'' and inserting ``an actuarial valuation of--
``(i) the reinsurance'';
(ii) in clause (i), as added by clause (i) of this
subparagraph, by adding ``and'' at the end; and
(iii) by adding at the end the following:
``(ii) for 2023 and each subsequent year, the manufacturer
discounts provided under section 1860D-14B;''.
(4) Clarification regarding exclusion of manufacturer
discounts from troop.--Section 1860D-2(b)(4) of the Social
Security Act (42 U.S.C. 1395w-102(b)(4)) is amended--
(A) in subparagraph (C), by inserting ``and subject to
subparagraph (F)'' after ``subparagraph (E)''; and
(B) by adding at the end the following new subparagraph:
``(F) Clarification regarding exclusion of manufacturer
discounts.--In applying subparagraph (A), incurred costs
shall not include any manufacturer discounts provided under
section 1860D-14B.''.
(d) Determination of Allowable Reinsurance Costs.--Section
1860D-15(b) of the Social Security Act (42 U.S.C. 1395w-
115(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``Costs.--For purposes'' and inserting
``Costs.--
``(A) In general.--Subject to subparagraph (B), for
purposes''; and
(B) by adding at the end the following new subparagraph:
``(B) Inclusion of manufacturer discounts on applicable
drugs.--For purposes of applying subparagraph (A), the term
`allowable reinsurance costs' shall include the portion of
the negotiated price (as defined in section 1860D-14B(g)(6))
of an applicable drug (as defined in section 1860D-14(g)(2))
that was paid by a manufacturer under the manufacturer
discount program under section 1860D-14B.''; and
(2) in paragraph (3)--
(A) in the first sentence, by striking ``For purposes'' and
inserting ``Subject to paragraph (2)(B), for purposes''; and
(B) in the second sentence, by inserting ``or, in the case
of an applicable drug, by a manufacturer'' after ``by the
individual or under the plan''.
(e) Updating Risk Adjustment Methodologies To Account for
Part D Modernization Redesign.--Section 1860D-15(c) of the
Social Security Act (42 U.S.C. 1395w-115(c)) is amended by
adding at the end the following new paragraph:
``(3) Updating risk adjustment methodologies to account for
part d modernization redesign.--The Secretary shall update
the risk adjustment model used to adjust bid amounts pursuant
to this subsection as appropriate to take into account
changes in benefits under this part pursuant to the
amendments made by section 121 of the Lower Costs, More Cures
Act of 2019.''.
(f) Conditions for Coverage of Drugs Under This Part.--
Section 1860D-43 of the Social Security Act (42 U.S.C. 1395w-
153) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) participate in the manufacturer discount program
under section 1860D-14B;
``(5) have entered into and have in effect an agreement
described in subsection (b) of such section 1860D-14B with
the Secretary; and
``(6) have entered into and have in effect, under terms and
conditions specified by the Secretary, a contract with a
third party that the Secretary has entered into a contract
with under subsection (d)(3) of such section 1860D-14B.'';
(2) by striking subsection (b) and inserting the following:
``(b) Effective Date.--Paragraphs (1) through (3) of
subsection (a) shall apply to covered part D drugs dispensed
under this part on or after January 1, 2011, and before
January 1, 2023, and paragraphs (4) through (6) of such
subsection shall apply to covered part D drugs dispensed on
or after January 1, 2023.''; and
(3) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) the Secretary determines that in the period beginning
on January 1, 2011, and ending on December 31, 2011 (with
respect to paragraphs (1) through (3) of subsection (a)), or
the period beginning on January 1, 2023, and ending December
31, 2023 (with respect to paragraphs (4) through (6) of such
subsection), there were extenuating circumstances.''.
(g) Conforming Amendments.--
(1) Section 1860D-2 of the Social Security Act (42 U.S.C.
1395w-102) is amended--
(A) in subsection (a)(2)(A)(i)(I), by striking ``, or an
increase in the initial'' and inserting ``or for a year
preceding 2023 an increase in the initial'';
(B) in subsection (c)(1)(C)--
(i) in the subparagraph heading, by striking ``at initial
coverage limit''; and
(ii) by inserting ``for a year preceding 2023 or the annual
out-of-pocket threshold specified in subsection (b)(4)(B) for
the year for 2023 and each subsequent year'' after
``subsection (b)(3) for the year'' each place it appears; and
(C) in subsection (d)(1)(A), by striking ``or an initial''
and inserting ``or for a year preceding 2023, an initial''.
(2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act
(42 U.S.C. 1395w-104(a)(4)(B)(i)) is amended by striking
``the initial'' and inserting ``for a year preceding 2023,
the initial''.
(3) Section 1860D-14(a) of the Social Security Act (42
U.S.C. 1395w-114(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``The continuation''
and inserting ``For a year preceding 2023, the
continuation'';
(ii) in subparagraph (D)(iii), by striking ``1860D-
2(b)(4)(A)(i)(I)'' and inserting ``1860D-
2(b)(4)(A)(i)(I)(aa)''; and
(iii) in subparagraph (E), by striking ``The elimination''
and inserting ``For a year preceding 2023, the elimination'';
and
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``The continuation''
and inserting ``For a year preceding 2023, the
continuation''; and
(ii) in subparagraph (E)--
(I) by inserting ``for a year preceding 2023,'' after
``subsection (c)''; and
(II) by striking ``1860D- 2(b)(4)(A)(i)(I)'' and inserting
``1860D-2(b)(4)(A)(i)(I)(aa)''.
(4) Section 1860D-21(d)(7) of the Social Security Act (42
U.S.C. 1395w-131(d)(7)) is amended by striking ``section
1860D-2(b)(4)(B)(i)'' and inserting ``section 1860D-
2(b)(4)(C)(i)''.
(5) Section 1860D-22(a)(2)(A) of the Social Security Act
(42 U.S.C. 1395w-132(a)(2)(A)) is amended--
(A) by striking ``the value of any discount'' and inserting
the following: ``the value of--
``(i) for years prior to 2023, any discount'';
(B) in clause (i), as inserted by subparagraph (A) of this
paragraph, by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following new clause:
``(ii) for 2023 and each subsequent year, any discount
provided pursuant to section 1860D-14B.''.
(6) Section 1860D-41(a)(6) of the Social Security Act (42
U.S.C. 1395w-151(a)(6)) is amended--
(A) by inserting ``for a year before 2023'' after ``1860D-
2(b)(3)''; and
(B) by inserting ``for such year'' before the period.
(h) Effective Date.--The amendments made by this section
shall apply to plan year 2023 and subsequent plan years.
SEC. 11012. ALLOWING THE OFFERING OF ADDITIONAL PRESCRIPTION
DRUG PLANS UNDER MEDICARE PART D.
(a) Rescinding and Issuance of New Guidance.--Not later
than one year after the date of the enactment of this Act,
the Secretary of Health and Human Services (in this section
referred to as the ``Secretary'') shall--
(1) rescind sections of any sub-regulatory guidance that
limit the number of prescription drug plans in each PDP
region that may be offered by a PDP sponsor under part D of
title XVIII of the Social Security Act (42 U.S.C. 1395w-101
et seq.); and
(2) issue new guidance specifying that a PDP sponsor may
offer up to 4 (or a greater number if determined appropriate
by the Secretary) prescription drug plans in each PDP region,
except in cases where the PDP sponsor may offer up to 2
additional plans in a PDP region pursuant to section 1860D-
11(d)(4) of the Social Security Act (42 U.S.C. 1395w-
111(d)(4)), as added by subsection (b).
(b) Offering of Additional Plans.--Section 1860D-11(d) of
the Social Security Act (42 U.S.C. 1395w-111(d)) is amended
by adding at the end the following new paragraph:
``(4) Offering of additional plans.--
``(A) In general.--For plan year 2023 and each subsequent
plan year, a PDP sponsor may offer up to 2 additional
prescription drug plans in a PDP region (in addition to any
limit established by the Secretary under this part) provided
that the PDP sponsor complies with subparagraph (B) with
respect to at least one such prescription drug plan.
``(B) Requirements.--In order to be eligible to offer up to
2 additional plans in a PDP region pursuant to subparagraph
(A), a PDP sponsor must ensure that, with respect to at least
one such prescription drug plan, the sponsor or any entity
that provides pharmacy benefits management services under a
contract with any such sponsor or plan does not receive
direct or indirect remuneration, as defined in section
423.308 of title 42, Code
[[Page S4355]]
of Federal Regulations (or any successor regulation), unless
at least 25 percent of the aggregate reductions in price or
other remuneration received by the PDP sponsor or entity from
drug manufacturers with respect to the plan and plan year--
``(i) are reflected at the point-of-sale to the enrollee;
or
``(ii) are used to reduce total beneficiary cost-sharing
estimated by the PDP sponsor for prescription drug coverage
under the plan in the annual bid submitted by the PDP sponsor
under section 1860D-11(b).
``(C) Definition of reductions in price.--For purposes of
subparagraph (B), the term `reductions in price' refers only
to collectible amounts, as determined by the Secretary, which
excludes amounts which after adjudication and reconciliation
with pharmacies and manufacturers are duplicate in nature,
contrary to other contractual clauses, or otherwise
ineligible (such as due to beneficiary disenrollment or
coordination of benefits).''.
(c) Rule of Construction.--Nothing in the provisions of, or
amendments made by, this section shall be construed as
limiting the ability of the Secretary to increase any limit
otherwise applicable on the number of prescription drug plans
that a PDP sponsor may offer, at the discretion of the PDP
sponsor, in a PDP region under part D of title XVIII of the
Social Security Act (42 U.S.C. 1395w-101 et seq.).
SEC. 11013. ALLOWING CERTAIN ENROLLEES OF PRESCRIPTION DRUG
PLANS AND MA-PD PLANS UNDER THE MEDICARE
PROGRAM TO SPREAD OUT COST-SHARING UNDER
CERTAIN CIRCUMSTANCES.
(a) Standard Prescription Drug Coverage.--Section 1860D-
2(b)(2) of the Social Security Act (42 U.S.C. 1395w-
102(b)(2)), as amended by section 11011, is amended--
(1) in subparagraph (A), by striking ``Subject to
subparagraphs (C) and (D)'' and inserting ``Subject to
subparagraphs (C), (D), and (E)''; and
(2) by adding at the end the following new subparagraph:
``(E) Enrollee option regarding spreading cost-sharing.--
``(i) In general.--The Secretary shall establish by
regulation a process under which, with respect to plan year
2023 and subsequent plan years, a prescription drug plan or
an MA-PD plan shall, in the case of a part D eligible
individual enrolled with such plan for such plan year with
respect to whom the plan projects that the dispensing of a
covered part D drug to such individual will result in the
individual incurring costs within a 30-day period that are
equal to a significant percentage (as specified by the
Secretary pursuant to such regulation) of the annual out-of-
pocket threshold specified in paragraph (4)(B) for such plan
year, provide such individual with the option to make the
coinsurance payment required under subparagraph (A) for such
costs in the form of equal monthly installments over the
remainder of such plan year.
``(ii) Significant percentage limitations.--In specifying a
significant percentage pursuant to the regulation established
by the Secretary under clause (i), the Secretary shall not
specify a percentage that is less than 30 percent or greater
than 100 percent.''.
(b) Alternative Prescription Drug Coverage.--Section 1860D-
2(c) of the Social Security Act (42 U.S.C. 1395w-102(c)) is
amended by adding at the end the following new paragraph:
``(4) Same enrollee option regarding spreading cost-
sharing.--For plan year 2023 and subsequent plan years, the
coverage provides the enrollee option regarding spreading
cost-sharing described in and required under subsection
(b)(2)(E).''.
SEC. 11014. CONTINUATION OF PART D SENIOR SAVINGS MODEL.
Section 1115A of the Social Security Act (42 U.S.C. 1315a)
is amended by adding at the end the following new subsection:
``(h) Part D Senior Savings Model.--Notwithstanding any
other provision of law, the Secretary shall provide for the
continued implementation on a permanent basis of the Part D
Senior Savings Model under this section, under the same
parameters under which such model was implemented for plan
year 2021.''.
SEC. 11015. REQUIRING PRESCRIPTION DRUG PLANS AND MA-PD PLANS
TO REPORT POTENTIAL FRAUD, WASTE, AND ABUSE TO
THE SECRETARY OF HHS.
Section 1860D-4 of the Social Security Act (42 U.S.C.
1395w-104) is amended by adding at the end the following new
subsection:
``(p) Reporting Potential Fraud, Waste, and Abuse.--
Beginning January 1, 2023, the PDP sponsor of a prescription
drug plan shall report to the Secretary, as specified by the
Secretary--
``(1) any substantiated or suspicious activities (as
defined by the Secretary) with respect to the program under
this part as it relates to fraud, waste, and abuse; and
``(2) any steps made by the PDP sponsor after identifying
such activities to take corrective actions.''.
SEC. 11016. ESTABLISHMENT OF PHARMACY QUALITY MEASURES UNDER
MEDICARE PART D.
Section 1860D-4(c) of the Social Security Act (42 U.S.C.
1395w-104(c)) is amended by adding at the end the following
new paragraph:
``(8) Application of pharmacy quality measures.--
``(A) In general.--A PDP sponsor that implements incentive
payments to a pharmacy or price concessions paid by a
pharmacy based on quality measures shall use measures
established or approved by the Secretary under subparagraph
(B) with respect to payment for covered part D drugs
dispensed by such pharmacy.
``(B) Standard pharmacy quality measures.--The Secretary
shall establish or approve standard quality measures from a
consensus and evidence-based organization for payments
described in subparagraph (A). Such measures shall focus on
patient health outcomes and be based on proven criteria
measuring pharmacy performance.
``(C) Effective date.--The requirement under subparagraph
(A) shall take effect for plan years beginning on or after
January 1, 2024, or such earlier date specified by the
Secretary if the Secretary determines there are sufficient
measures established or approved under subparagraph (B) to
meet the requirement under subparagraph (A).''.
Subpart C--Medicaid Provisions
SEC. 11021. PRICE REPORTING CLARIFICATIONS FOR GENE THERAPY
OUTCOMES-BASED AGREEMENTS.
(a) Quarterly Price Reporting Obligation.--Section
1927(b)(3) of the Social Security Act (42 U.S.C. 1396r-
8(b)(3)) is amended by adding at the end the following new
subparagraph:
``(E) Outcomes-based agreements.--
``(i) In general.--Beginning January 1, 2023, in the case
of a covered outpatient drug that is a single course
transformative therapy (as defined in subsection (k)(12)) and
is sold under an outcomes-based agreement (as defined in
subsection (k)(13)) during a rebate period, the manufacturer
of such drug shall report (in addition to any other
information required under this paragraph) the pricing
structure for such drug based on pre-defined outcomes or
measures specified in such outcomes-based agreement.
``(ii) Access to outcomes-based agreements for state
plans.--As a condition of excluding a refund, rebate,
reimbursement, free item, withholding, or repayment made
under an outcomes-based agreement with respect to a covered
outpatient drug from the best price or average manufacturer
price of the drug for a rebate period (as described in
subsection (c)(1)(C)(i)(VII) or (k)(1)(B)(i)(VI), as
applicable), the manufacturer shall--
``(I) make available to each State plan the opportunity to
enter into an outcomes-based agreement for such drug and
rebate period; and
``(II) certify to the Secretary that the manufacturer has
made such opportunity so available to each State plan.
``(iii) Rules of construction.--Nothing in this
subparagraph shall be construed as--
``(I) requiring a manufacturer to execute an outcomes-based
agreement with a State for a covered outpatient drug that is
a single course transformative therapy (as defined in
subsection (k)(12)); ;
``(II) precluding the execution of a rebate agreement under
this section for such a drug; or
``(III) limiting States' ability to join together for a
multi-State contract with a single manufacturer to establish
an outcomes-based agreement for such a drug.''.
(b) Definition of Best Price.--Section 1927(c)(1)(C) of the
Social Security Act (42 U.S.C. 1396-8(c)(1)(C)) is amended--
(1) in clause (i)--
(A) in subclause (V), by striking ``and'';
(B) in subclause (VI), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subclause:
``(VII) subject to subsection (b)(3)(E)(ii), with respect
to a covered outpatient drug that is a single course
transformative therapy (as defined in subsection (k)(12)) and
is sold under an outcomes-based agreement (as defined in
subsection (k)(13)) during the rebate period, any prices
resulting from--
``(aa) a refund, rebate, reimbursement, or free goods from
the manufacturer or third party on behalf of the
manufacturer; or
``(bb) the withholding or reduction of a payment to the
manufacturer or third party on behalf of the manufacturer,
that is triggered by a patient who fails to achieve outcomes
or measures defined under the terms of such outcomes-based
agreement during the period for which such agreement is
effective.''; and
(2) in clause (ii)
(A) in subclause (I), by striking the semicolon at the end
and inserting ``, except any price adjustment described in
clause (i)(VII);'';
(B) in subclause (III), by striking ``and'';
(C) in subclause (IV)--
(i) by moving the left margin of such subclause 2 ems to
the right; and
(ii) by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following new subclause:
``(V) in the case of a covered outpatient drug that is a
single course transformative therapy (as defined in
subsection (k)(12)) and is sold under an outcomes-based
agreement (as defined in subsection (k)(13)) that provides
that payment for such drug is made in installments over the
course of such agreement, shall be determined as if the
aggregate price per the terms of the agreement was paid in
full in the first installment during the rebate period.''.
(c) Definition of Average Manufacturer Price.--Section
1927(k)(1) of the Social Security Act (42 U.S.C. 1396r-
8(k)(1)) is amended--
[[Page S4356]]
(1) in subparagraph (B)(i)--
(A) in subclause (IV), by striking at the end ``and'';
(B) in subclause (V), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new subclause:
``(VI) subject to subsection (b)(3)(E)(ii), with respect to
a covered outpatient drug that is a single course
transformative therapy (as defined in paragraph (12)) and is
sold under an outcomes-based agreement (as defined in
paragraph (13)) during the rebate period--
``(aa) a refund, rebate, reimbursement, or free goods from
the manufacturer or third party on behalf of the
manufacturer; or
``(bb) the withholding or reduction of a payment to the
manufacturer or third party on behalf of the manufacturer,
that is triggered by a patient who fails to achieve outcomes
or measures defined under the terms of such outcomes-based
agreement during the period for which such agreement is
effective.''; and
(2) by adding at the end the following new subparagraph:
``(D) Special rule for certain outcomes-based agreements.--
For the purpose of subparagraph (A), in determining the
average price paid to the manufacturer for a covered
outpatient drug that is a single course transformative
therapy (as defined in paragraph (12)) and is sold under an
outcomes-based agreement (as defined in paragraph (13)) that
provides that payment for such drug is made in installments
over the course of such agreement, such price shall be
determined as if the aggregate price per the terms of the
agreement was paid in full in the first installment during
the rebate period.''.
(d) Other Definitions.--Section 1927(k) of the Social
Security Act (42 U.S.C. 1396r-8(k)) is amended by adding at
the end the following paragraphs:
``(12) Single course transformative therapy.--The term
`single course transformative therapy' means a treatment that
consists of the administration of a covered outpatient drug
that--
``(A) is a form of gene therapy, as defined by the
Commissioner of Food and Drugs, that is--
``(i) designated under section 526 of the Federal Food,
Drug, and Cosmetics Act; and
``(ii) licensed under subsection (a) or (k) of section 351
of the Public Health Service Act for a serious or life-
threatening rare disease or condition;
``(B) if administered in accordance with the `Indications
and Usage' section of its label, is expected to result in--
``(i) the cure of such disease or condition;
``(ii) a reduction in the symptoms of such disease or
condition to the extent that it is expected to--
``(I) extend life expectancy for those individuals with
such disease or condition;
``(II) prevent, eliminate, or halt progression of
comorbidities related to such disease or condition in such
individuals; or
``(III) allow such individuals to achieve or maintain
maximum functional capacity in performing daily activities;
or
``(iii) prevention or elimination of episodes, illnesses,
injuries, or disabilities related to such disease or
condition; and
``(C) is expected to achieve a result described in
subparagraph (B), which may be achieved over an extended
period of time, following a single prescribed course of
treatment.
``(13) Outcomes-based agreement.--The term `outcomes-based
agreement' means a written contract between a manufacturer
and purchaser in which the aggregate price over the course of
the contract of the covered outpatient drug is based on the
achievement of pre-defined outcomes or measures and adjusted
accordingly.''.
(e) Effective Date.--The amendments made by this section
shall take effect on January 1, 2023.
SEC. 11022. ANTI-KICKBACK STATUTE AND PHYSICIAN SELF-REFERRAL
SAFE HARBORS.
(a) Exclusion From Antikickback Prohibition.--Section
1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-
7b(b)(3)) is amended--
(1) in subclause (J)--
(A) by moving the left margin of such subparagraph 2 ems to
the left; and
(B) by striking ``and'' after the semicolon at the end;
(2) in subclause (K)--
(A) by moving the left margin of such subparagraph 2 ems to
the left; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new subparagraph:
``(L) any remuneration provided by a manufacturer or third
party on behalf of a manufacturer to a plan under an
outcomes-based agreement (as defined in section 1927(k)(13))
in the event a patient fails to achieve outcomes or measures
defined in such agreement following the administration of a
covered outpatient drug that is a single course
transformative therapy (as defined in section 1927(k)(12).''.
(b) Exclusion From Physician Self-referral Prohibition.--
Section 1877(h)(1)(C) of the Social Security Act (42 U.S.C.
1395nn(h)(1)(C)) is amended by adding at the end the
following new clause:
``(iv) Any amounts paid under an outcomes-based agreement
(as defined in section 1927(k)(13)).''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2023.
SEC. 11023. GAO STUDY AND REPORT ON USE OF OUTCOMES-BASED
AGREEMENTS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the extent to which outcomes-based
agreements (as defined in section 1927(k)(13) of the Social
Security Act (42 U.S.C. 1396r-8(k)(13)) for rare disease gene
therapies facilitate patient access to such therapies,
improve patient outcomes, lower overall health system costs,
and lower costs for patients in Federal health care programs.
In conducting such study, the Comptroller General shall--
(1) study the impact of this subpart on--
(A) mitigating socioeconomic disparities in accessing rare
disease gene therapies through its requirement that State
Medicaid programs have access to the same outcomes-based
agreement remedy terms that are available in the commercial
market for the gene therapy; and
(B) the Medicaid Drug Rebate Program, the 340B Drug Pricing
Program, and the Medicare Part B program, including
compliance with such programs; and
(2) with respect to rare disease gene therapies sold under
an outcomes-based agreement (as so defined), conduct an audit
of manufacturers offering State Medicaid programs the same
remedy terms for non-responding patients as offered to
commercial insurance plans during a particular rebate period,
as described in subsections (c)(1)(C)(i)(VII) and
(k)(1)(B)(i)(VI) of section 1927 of the Social Security Act
(42 U.S.C. 1396r-8), as added by this subpart.
(b) Report.--Not later than June 30, 2027, the Comptroller
General of the United States shall submit to Congress a
report containing the results of the study conducted under
subsection (a).
PART 2--DRUG PRICE TRANSPARENCY PROVISIONS
SEC. 11101. REPORTING ON EXPLANATION FOR DRUG PRICE
INCREASES.
(a) In General.--Title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by inserting after section
1128K the following new section:
``SEC. 1128L. DRUG PRICE REPORTING.
``(a) Definitions.--In this section:
``(1) Manufacturer.--The term `manufacturer' means the
person--
``(A) that holds the application for a drug approved under
section 505 of the Federal Food, Drug, and Cosmetic Act or
licensed under section 351 of the Public Health Service Act;
or
``(B) who is responsible for setting the wholesale
acquisition cost for the drug.
``(2) Qualifying drug.--The term `qualifying drug' means
any drug that is approved under subsection (c) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act or
licensed under subsection (a) or (k) of section 351 of this
Act--
``(A) that has a wholesale acquisition cost of $100 or
more, adjusted for inflation occurring after the date of
enactment of this section, for a month's supply or a typical
course of treatment that lasts less than a month, and is--
``(i) subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act;
``(ii) administered or otherwise dispensed to treat a
disease or condition affecting more than 200,000 persons in
the United States; and
``(iii) not a vaccine; and
``(B) for which, during the previous calendar year, at
least 1 dollar of the total amount of sales were for
individuals enrolled under the Medicare program under title
XVIII or under a State Medicaid plan under title XIX or under
a waiver of such plan.
``(3) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given that term in section
1847A(c)(6)(B).
``(b) Report.--
``(1) Report required.--The manufacturer of a qualifying
drug shall submit a report to the Secretary--
``(A) for each increase in the price of a qualifying drug
that results in an increase in the wholesale acquisition cost
of that drug that is equal to--
``(i) 10 percent or more within a single calendar year
beginning on or after January 1, 2022; or
``(ii) 25 percent or more within three consecutive calendar
years for which the first such calendar year begins on or
after January 1, 2022; and
``(B) in the case that the qualifying drug is first covered
under title XVIII with respect to an applicable year, if the
estimated cost or spending under such title per individual or
per user of such drug (as estimated by the Secretary) for
such applicable year (or per course of treatment in such
applicable year, as defined by the Secretary) is at least
$26,000.
``(2) Report deadline.--Each report described in paragraph
(1) shall be submitted to the Secretary--
``(A) in the case of a report with respect to an increase
in the price of a qualifying drug that occurs during the
period beginning on January 1, 2022, and ending on the day
that is 60 days after the date of enactment of this section,
not later than 90 days after such date of enactment;
``(B) in the case of a report with respect to an increase
in the price of a qualifying drug that occurs after the
period described in subparagraph (A), not later than 30 days
prior to the planned effective date of such price increase
for such qualifying drug; and
[[Page S4357]]
``(C) in the case of a report with respect to a qualifying
drug that meets the criteria described in paragraph (1)(B),
not later than 30 days after such drug meets such criteria.
``(c) Contents.--A report under subsection (b), consistent
with the standard for disclosures described in section
213.3(d) of title 12, Code of Federal Regulations (as in
effect on the date of enactment of this section), shall, at a
minimum, include--
``(1) with respect to the qualifying drug--
``(A) the percentage by which the manufacturer will raise
the wholesale acquisition cost of the drug within the
calendar year or three consecutive calendar years as
described in subsection (b)(1)(A) or (b)(1)(B), if
applicable, and the effective date of such price increase;
``(B) an explanation for, and description of, each price
increase for such drug that will occur during the calendar
year period described in subsection (b)(1)(A) or the three
consecutive calendar year period described in subsection
(b)(1)(B), as applicable;
``(C) if known and different from the manufacturer of the
qualifying drug, the identity of--
``(i) the sponsor or sponsors of any investigational new
drug applications under section 505(i) of the Federal Food,
Drug, and Cosmetic Act for clinical investigations with
respect to such drug, for which the full reports are
submitted as part of the application--
``(I) for approval of the drug under section 505 of such
Act; or
``(II) for licensure of the drug under section 351 of the
Public Health Service Act; and
``(ii) the sponsor of an application for the drug approved
under such section 505 of the Federal Food, Drug, and
Cosmetic Act or licensed under section 351 of the Public
Health Service Act;
``(D) a description of the history of the manufacturer's
price increases for the drug since the approval of the
application for the drug under section 505 of the Federal
Food, Drug, and Cosmetic Act or the issuance of the license
for the drug under section 351 of the Public Health Service
Act, or since the manufacturer acquired such approved
application or license, if applicable;
``(E) the current wholesale acquisition cost of the drug;
``(F) the total expenditures of the manufacturer on--
``(i) materials and manufacturing for such drug; and
``(ii) acquiring patents and licensing for such drug;
``(G) the percentage of total expenditures of the
manufacturer on research and development for such drug that
was derived from Federal funds;
``(H) the total expenditures of the manufacturer on
research and development for such drug that is necessary to
demonstrate that it meets applicable statutory standards for
approval under section 505 of the Federal Food, Drug, and
Cosmetic Act or licensure under section 351 of the Public
Health Service Act, as applicable;
``(I) the total expenditures of the manufacturer on
pursuing new or expanded indications or dosage changes for
such drug under section 505 of the Federal Food, Drug, and
Cosmetic Act or section 351 of the Public Health Service Act;
``(J) the total expenditures of the manufacturer on
carrying out postmarket requirements related to such drug,
including under section 505(o)(3) of the Federal Food, Drug,
and Cosmetic Act;
``(K) the total revenue and the net profit generated from
the qualifying drug for each calendar year since the approval
of the application for the drug under section 505 of the
Federal Food, Drug, and Cosmetic Act or the issuance of the
license for the drug under section 351 of the Public Health
Service Act, or since the manufacturer acquired such approved
application or license; and
``(L) the total costs associated with marketing and
advertising for the qualifying drug;
``(2) with respect to the manufacturer--
``(A) the total revenue and the net profit of the
manufacturer for each of the 1-year period described in
subsection (b)(1)(A) or the 3-year period described in
subsection (b)(1)(B), as applicable;
``(B) all stock-based performance metrics used by the
manufacturer to determine executive compensation for each of
the 1-year period described in subsection (b)(1)(A) or the 3-
year period described in subsection (b)(1)(B), as applicable;
and
``(C) any additional information the manufacturer chooses
to provide related to drug pricing decisions, such as total
expenditures on--
``(i) drug research and development; or
``(ii) clinical trials, including on drugs that failed to
receive approval by the Food and Drug Administration; and
``(3) such other related information as the Secretary
considers appropriate and as specified by the Secretary
through notice-and-comment rulemaking.
``(d) Information Provided.--The manufacturer of a
qualifying drug that is required to submit a report under
subsection (b), shall ensure that such report and any
explanation for, and description of, each price increase
described in subsection (c)(1)(B) shall be truthful, not
misleading, and accurate.
``(e) Civil Monetary Penalty.--Any manufacturer of a
qualifying drug that fails to submit a report for the drug as
required by this section, following notification by the
Secretary to the manufacturer that the manufacturer is not in
compliance with this section, shall be subject to a civil
monetary penalty of $75,000 for each day on which the
violation continues.
``(f) False Information.--Any manufacturer that submits a
report for a drug as required by this section that knowingly
provides false information in such report is subject to a
civil monetary penalty in an amount not to exceed $75,000 for
each item of false information.
``(g) Public Posting.--
``(1) In general.--Subject to paragraph (3), the Secretary
shall post each report submitted under subsection (b) on the
public website of the Department of Health and Human Services
the day the price increase of a qualifying drug is scheduled
to go into effect.
``(2) Format.--In developing the format in which reports
will be publicly posted under paragraph (1), the Secretary
shall consult with stakeholders, including beneficiary
groups, and shall seek feedback from consumer advocates and
readability experts on the format and presentation of the
content of such reports to ensure that such reports are--
``(A) user-friendly to the public; and
``(B) written in plain language that consumers can readily
understand.
``(3) Protected information.--Nothing in this section shall
be construed to authorize the public disclosure of
information submitted by a manufacturer that is prohibited
from disclosure by applicable laws concerning the protection
of trade secrets, commercial information, and other
information covered under such laws.
``(h) Annual Report to Congress.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall submit to Congress, and post on the public website of
the Department of Health and Human Services in a way that is
user-friendly to the public and written in plain language
that consumers can readily understand, an annual report--
``(A) summarizing the information reported pursuant to this
section;
``(B) including copies of the reports and supporting
detailed economic analyses submitted pursuant to this
section;
``(C) detailing the costs and expenditures incurred by the
Department of Health and Human Services in carrying out this
section; and
``(D) explaining how the Department of Health and Human
Services is improving consumer and provider information about
drug value and drug price transparency.
``(2) Protected information.--Nothing in this subsection
shall be construed to authorize the public disclosure of
information submitted by a manufacturer that is prohibited
from disclosure by applicable laws concerning the protection
of trade secrets, commercial information, and other
information covered under such laws.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act.
SEC. 11102. PUBLIC DISCLOSURE OF DRUG DISCOUNTS.
Section 1150A of the Social Security Act (42 U.S.C. 1320b-
23) is amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by inserting ``(other than as permitted under subsection
(e))'' after ``disclosed by the Secretary''; and
(2) by adding at the end the following new subsection:
``(e) Public Availability of Certain Information.--
``(1) In general.--In order to allow the comparison of
PBMs' ability to negotiate rebates, discounts, direct and
indirect remuneration fees, administrative fees, and price
concessions and the amount of such rebates, discounts, direct
and indirect remuneration fees, administrative fees, and
price concessions that are passed through to plan sponsors,
beginning January 1, 2023, the Secretary shall make available
on the internet website of the Department of Health and Human
Services the information with respect to the second preceding
calendar year provided to the Secretary on generic dispensing
rates (as described in paragraph (1) of subsection (b)) and
information provided to the Secretary under paragraphs (2)
and (3) of such subsection that, as determined by the
Secretary, is with respect to each PBM.
``(2) Availability of data.--In carrying out paragraph (1),
the Secretary shall ensure the following:
``(A) Confidentiality.--The information described in such
paragraph is displayed in a manner that prevents the
disclosure of information, with respect to an individual drug
or an individual plan, on rebates, discounts, direct and
indirect remuneration fees, administrative fees, and price
concessions.
``(B) Class of drug.--The information described in such
paragraph is made available by class of drug, using an
existing classification system, but only if the class
contains such number of drugs, as specified by the Secretary
(but not fewer than three drugs), to ensure confidentiality
of proprietary information or other information that is
prevented to be disclosed under subparagraph (A).''.
SEC. 11102. MAKING PRESCRIPTION DRUG MARKETING SAMPLE
INFORMATION REPORTED BY MANUFACTURERS AVAILABLE
TO CERTAIN INDIVIDUALS AND ENTITIES.
(a) In General.--Section 1128H of the Social Security Act
(42 U.S.C. 1320a-7i) is amended--
(1) by redesignating subsection (b) as subsection (e); and
(2) by inserting after subsection (a) the following new
subsections:
[[Page S4358]]
``(b) Data Sharing Agreements.--
``(1) In general.--The Secretary shall enter into
agreements with the specified data sharing individuals and
entities described in paragraph (2) under which--
``(A) upon request of such an individual or entity, as
applicable, the Secretary makes available to such individual
or entity the information submitted under subsection (a) by
manufacturers and authorized distributors of record; and
``(B) such individual or entity agrees to not disclose
publicly or to another individual or entity any information
that identifies a particular practitioner or health care
facility.
``(2) Specified data sharing individuals and entities.--For
purposes of paragraph (1), the specified data sharing
individuals and entities described in this paragraph are the
following:
``(A) Oversight agencies.--Health oversight agencies (as
defined in section 164.501 of title 45, Code of Federal
Regulations), including the Centers for Medicare & Medicaid
Services, the Office of the Inspector General of the
Department of Health and Human Services, the Government
Accountability Office, the Congressional Budget Office, the
Medicare Payment Advisory Commission, and the Medicaid and
CHIP Payment and Access Commission.
``(B) Researchers.--Individuals who conduct scientific
research (as defined in section 164.501 of title 45, Code of
Federal Regulations) in relevant areas as determined by the
Secretary.
``(C) Payers.--Private and public health care payers,
including group health plans, health insurance coverage
offered by health insurance issuers, Federal health programs,
and State health programs.
``(3) Exemption from freedom of information act.--Except as
described in paragraph (1), the Secretary may not be
compelled to disclose the information submitted under
subsection (a) to any individual or entity. For purposes of
section 552 of title 5, United States Code (commonly referred
to as the Freedom of Information Act), this paragraph shall
be considered a statute described in subsection (b)(3)(B) of
such section.
``(c) Penalties.--
``(1) Data sharing agreements.--Subject to paragraph (3),
any specified data sharing individual or entity described in
subsection (b)(2) that violates the terms of a data sharing
agreement the individual or entity has with the Secretary
under subsection (b)(1) shall be subject to a civil money
penalty of not less than $1,000, but not more than $10,000,
for each such violation. Such penalty shall be imposed and
collected in the same manner as civil money penalties under
subsection (a) of section 1128A are imposed and collected
under that section.
``(2) Failure to report.--Subject to paragraph (3), any
manufacturer or authorized distributor of record of an
applicable drug under subsection (a) that fails to submit
information required under such subsection in a timely manner
in accordance with rules or regulations promulgated to carry
out such subsection shall be subject to a civil money penalty
of not less than $1,000, but not more than $10,000, for each
such failure. Such penalty shall be imposed and collected in
the same manner as civil money penalties under subsection (a)
of section 1128A are imposed and collected under that
section.
``(3) Limitation.--The total amount of civil money
penalties imposed under paragraph (1) or (2) with respect to
a year and an individual or entity described in paragraph (1)
or a manufacturer or distributor described in paragraph (2),
respectively, shall not exceed $150,000.
``(d) Drug Sample Distribution Information.--
``(1) In general.--Not later than January 1 of each year
(beginning with 2023), the Secretary shall maintain a list
containing information related to the distribution of samples
of applicable drugs. Such list shall provide the following
information with respect to the preceding year:
``(A) The name of the manufacturer or authorized
distributor of record of an applicable drug for which samples
were requested or distributed under this section.
``(B) The quantity and class of drug samples requested.
``(C) The quantity and class of drug samples distributed.
``(2) Public availability.--The Secretary shall make the
information in such list available to the public on the
internet website of the Food and Drug Administration.''.
(b) FDA Maintenance of Information.--The Food and Drug
Administration shall maintain information available to
affected reporting companies to ensure their ability to fully
comply with the requirements of section 1128H of the Social
Security Act.
(c) Prohibition on Distribution of Samples of Opioids.--
Section 503(d) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 353(d)) is amended--
(1) by moving the margin of paragraph (4) 2 ems to the
left; and
(2) by adding at the end the following:
``(5) No person may distribute a drug sample of a drug that
is--
``(A) an applicable drug (as defined in section 1128H(e) of
the Social Security Act);
``(B) a controlled substance (as defined in section 102 of
the Controlled Substances Act) for which the findings
required under section 202(b)(2) of such Act have been made;
and
``(C) approved under section 505 for use in the management
or treatment of pain (other than for the management or
treatment of a substance use disorder).''.
(d) MedPAC Report.--Not later than 3 years after the date
of the enactment of this Act, the Medicare Payment Advisory
Commission shall conduct a study on the impact of drug
samples on provider prescribing practices and health care
costs and may, as the Commission deems appropriate, make
recommendations on such study.
SEC. 11104. SENSE OF THE SENATE REGARDING THE NEED TO EXPAND
COMMERCIALLY AVAILABLE DRUG PRICING COMPARISON
PLATFORMS.
It is the sense of the Senate that--
(1) commercially available drug pricing comparison
platforms can, at no cost, help patients find the lowest
price for their medications at their local pharmacy;
(2) such platforms should be integrated, to the maximum
extent possible, in the health care delivery ecosystem; and
(3) pharmacy benefit managers should work to disclose
generic and brand name drug prices to such platforms to
ensure that--
(A) patients can benefit from the lowest possible price
available to them; and
(B) overall drug prices can be reduced as more educated
purchasing decisions are made based on price transparency.
PART 3--REVENUE PROVISION
SEC. 11201. INCLUSION OF INSULIN AND OTHER TREATMENTS FOR
CHRONIC CONDITIONS AS PREVENTIVE CARE.
(a) In General.--Subparagraph (C) of section 223(c)(2) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``deductible.--A plan'' and inserting
``deductible.--
``(i) In general.--A plan'', and
(2) by adding at the end the following new clause:
``(ii) Special rule.--The term `preventive care' includes
such drugs (including insulin), devices, supplies, and
medical services or screenings prescribed for the prevention
or avoidance of a disease or condition, or the regular
treatment and maintenance of a chronic disease or condition,
as are determined by the Secretary, in consultation with the
Secretary of Health and Human Services, to be--
``(I) low in cost,
``(II) supported by medical evidence to have a high cost
efficiency in preventing exacerbation of a chronic condition
or the development of a secondary condition, and
``(III) likely (as documented by clinical evidence), when
prescribed for a class of individuals, to prevent
exacerbation of the chronic condition of such individuals or
the development of a secondary condition requiring
significantly higher cost treatments.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after the date of the
enactment of this Act.
(2) Treasury guidance in effect on date of enactment.--
(A) In general.--No inference shall be drawn by reason of
the amendments made by this Act with respect to the
effectiveness of the provisions of Internal Revenue Service
Notice 2019-45 on the date of the enactment of this Act, and
such notice shall continue to apply as in effect on July 17,
2019, unless amended by the Secretary of the Treasury (or the
Secretary's delegate) pursuant to the amendments made by this
Act or pursuant to subparagraph (B).
(B) Continued publication and update of list.--
(i) In general.--The Secretary of the Treasury (or the
Secretary's delegate) may publish, and update from time to
time as such Secretary (or delegate) deems appropriate, a
list of the drugs, devices, supplies, and services identified
under section 223(c)(2)(C)(ii) of the Internal Revenue Code
of 1986, in consultation with the Secretary of Health and
Human Services (or such Secretary's delegate), as preventive
care.
(ii) Inclusion of certain diabetic supplies.--As soon as
practicable after the date of the enactment of this Act, the
list in effect under Internal Revenue Service Notice 2019-45
shall be amended to include insulin delivery devices and
related supplies, and continuous glucose monitoring systems
and related supplies.
PART 4--OTHER PROVISIONS
SEC. 11301. IMPROVING COORDINATION BETWEEN THE FOOD AND DRUG
ADMINISTRATION AND THE CENTERS FOR MEDICARE &
MEDICAID SERVICES.
(a) In General.--
(1) Public meeting.--
(A) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall convene a public meeting for the purposes of discussing
and providing input on improvements to coordination between
the Food and Drug Administration and the Centers for Medicare
& Medicaid Services in preparing for the availability of
novel medical products described in subsection (c) on the
market in the United States.
(B) Attendees.--The public meeting shall include--
(i) representatives of relevant Federal agencies, including
representatives from each of the medical product centers
within the Food and Drug Administration and representatives
from the coding, coverage, and payment offices within the
Centers for Medicare & Medicaid Services;
[[Page S4359]]
(ii) stakeholders with expertise in the research and
development of novel medical products, including
manufacturers of such products;
(iii) representatives of commercial health insurance
payers;
(iv) stakeholders with expertise in the administration and
use of novel medical products, including physicians; and
(v) stakeholders representing patients and with expertise
in the utilization of patient experience data in medical
product development.
(C) Topics.--The public meeting shall include a discussion
of--
(i) the status of the drug and medical device development
pipeline related to the availability of novel medical
products;
(ii) the anticipated expertise necessary to review the
safety and effectiveness of such products at the Food and
Drug Administration and current gaps in such expertise, if
any;
(iii) the expertise necessary to make coding, coverage, and
payment decisions with respect to such products within the
Centers for Medicare & Medicaid Services, and current gaps in
such expertise, if any;
(iv) trends in the differences in the data necessary to
determine the safety and effectiveness of a novel medical
product and the data necessary to determine whether a novel
medical product meets the reasonable and necessary
requirements for coverage and payment under title XVIII of
the Social Security Act pursuant to section 1862(a)(1)(A) of
such Act (42 U.S.C. 1395y(a)(1)(A));
(v) the availability of information for sponsors of such
novel medical products to meet each of those requirements;
and
(vi) the coordination of information related to significant
clinical improvement over existing therapies for patients
between the Food and Drug Administration and the Centers for
Medicare & Medicaid Services with respect to novel medical
products.
(D) Trade secrets and confidential information.--No
information discussed as a part of the public meeting under
this paragraph shall be construed as authorizing the
Secretary to disclose any information that is a trade secret
or confidential information subject to section 552(b)(4) of
title 5, United States Code.
(2) Improving transparency of criteria for medicare
coverage.--
(A) Draft guidance.--Not later than 18 months after the
public meeting under paragraph (1), the Secretary shall
update the final guidance titled ``National Coverage
Determinations with Data Collection as a Condition of
Coverage: Coverage with Evidence Development'' to address any
opportunities to improve the availability and coordination of
information as described in clauses (iv) through (vi) of
paragraph (1)(C).
(B) Final guidance.--Not later than 12 months after issuing
draft guidance under subparagraph (A), the Secretary shall
finalize the updated guidance to address any such
opportunities.
(b) Report on Coding, Coverage, and Payment Processes Under
Medicare for Novel Medical Products.--Not later than 12
months after the date of the enactment of this Act, the
Secretary shall publish a report on the internet website of
the Department of Health and Human Services regarding
processes under the Medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) with respect to
the coding, coverage, and payment of novel medical products
described in subsection (c). Such report shall include the
following:
(1) A description of challenges in the coding, coverage,
and payment processes under the Medicare program for novel
medical products.
(2) Recommendations to--
(A) incorporate patient experience data (such as the impact
of a disease or condition on the lives of patients and
patient treatment preferences) into the coverage and payment
processes within the Centers for Medicare & Medicaid
Services;
(B) decrease the length of time to make national and local
coverage determinations under the Medicare program (as those
terms are defined in subparagraph (A) and (B), respectively,
of section 1862(l)(6) of the Social Security Act (42 U.S.C.
1395y(l)(6)));
(C) streamline the coverage process under the Medicare
program and incorporate input from relevant stakeholders into
such coverage determinations; and
(D) identify potential mechanisms to incorporate novel
payment designs similar to those in development in commercial
insurance plans and State plans under title XIX of such Act
(42 U.S.C. 1396 et seq.) into the Medicare program.
(c) Novel Medical Products Described.--For purposes of this
section, a novel medical product described in this subsection
is a medical product, including a drug, biological (including
gene and cell therapy), or medical device, that has been
designated as a breakthrough therapy under section 506(a) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)),
a breakthrough device under section 515B of such Act (21
U.S.C. 360e-3), or a regenerative advanced therapy under
section 506(g) of such Act (21 U.S.C. 356(g)).
SEC. 11302. PATIENT CONSULTATION IN MEDICARE NATIONAL AND
LOCAL COVERAGE DETERMINATIONS IN ORDER TO
MITIGATE BARRIERS TO INCLUSION OF SUCH
PERSPECTIVES.
Section 1862(l) of the Social Security Act (42 U.S.C.
1395y(l)) is amended by adding at the end the following new
paragraph:
``(7) Patient consultation in national and local coverage
determinations.--The Secretary may consult with patients and
organizations representing patients in making national and
local coverage determinations.''.
SEC. 11303. MEDPAC REPORT ON SHIFTING COVERAGE OF CERTAIN
MEDICARE PART B DRUGS TO MEDICARE PART D.
(a) Study.--The Medicare Payment Advisory Commission (in
this section referred to as the ``Commission'') shall conduct
a study on shifting coverage of certain drugs and biologicals
for which payment is currently made under part B of title
XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) to
part D of such title (42 U.S.C. 1395w-21 et seq.). Such study
shall include an analysis of--
(1) differences in program structures and payment methods
for drugs and biologicals covered under such parts B and D,
including effects of such a shift on program spending,
beneficiary cost-sharing liability, and utilization
management techniques for such drugs and biologicals; and
(2) the feasibility and policy implications of shifting
coverage of drugs and biologicals for which payment is
currently made under such part B to such part D.
(b) Report.--
(1) In general.--Not later than June 30, 2024, the
Commission shall submit to Congress a report containing the
results of the study conducted under subsection (a).
(2) Contents.--The report under paragraph (1) shall include
information, and recommendations as the Commission deems
appropriate, regarding--
(A) formulary design under such part D;
(B) the ability of the benefit structure under such part D
to control total spending on drugs and biologicals for which
payment is currently made under such part B;
(C) changes to the bid process under such part D, if any,
that may be necessary to integrate coverage of such drugs and
biologicals into such part D;
(D) any other changes to the program that Congress should
consider in determining whether to shift coverage of such
drugs and biologicals from such part B to such part D; and
(E) the feasibility and policy implications of creating a
methodology to preserve the healthcare provider's ability to
take title of the drug, including a methodology under which--
(i) prescription drug plans negotiate reimbursement rates
and other arrangements with drug manufacturers on behalf of a
wholesaler;
(ii) wholesalers purchase the drugs from the manufacturers
at the negotiated rate and ship them through distributors to
physicians to administer to patients;
(iii) physicians and hospitals purchase the drug from the
wholesaler via the distributor;
(iv) after administering the drug, the physician submits a
claim to the MAC for their drug administration fee;
(v) to be reimbursed for the purchase of the drug from the
distributor, the physician furnishes the claim for the drug
itself to the wholesaler and the wholesaler would refund the
cost of the drug to the physician; and
(vi) the wholesaler passes this claim to the PDP to receive
reimbursement.
SEC. 11304. AUTHORITY TO REQUIRE THAT DIRECT-TO-CONSUMER
ADVERTISEMENTS FOR PRESCRIPTION DRUGS AND
BIOLOGICAL PRODUCTS INCLUDE TRUTHFUL AND NON-
MISLEADING PRICING INFORMATION.
Part A of title XI of the Social Security Act is amended by
adding at the end the following new section:
``SEC. 1150D. AUTHORITY TO REQUIRE THAT DIRECT-TO-CONSUMER
ADVERTISEMENTS FOR PRESCRIPTION DRUGS AND
BIOLOGICAL PRODUCTS INCLUDE TRUTHFUL AND NON-
MISLEADING PRICING INFORMATION.
``(a) In General.--The Secretary may require that each
direct-to-consumer advertisement for a prescription drug or
biological product for which payment is available under title
XVIII or XIX includes an internet website address that
provides an appropriate disclosure of truthful and non-
misleading pricing information with respect to the drug or
product.
``(b) Determination by CMS.--The Secretary, acting through
the Administrator of the Centers for Medicare & Medicaid
Services, shall determine the components of the requirement
under subsection (a), such as the forms of advertising, the
manner of disclosure, the price point listing, and the price
information for disclosure.''.
SEC. 11305. CHIEF PHARMACEUTICAL NEGOTIATOR AT THE OFFICE OF
THE UNITED STATES TRADE REPRESENTATIVE.
(a) In General.--Section 141 of the Trade Act of 1974 (19
U.S.C. 2171) is amended--
(1) in subsection (b)(2)--
(A) by striking ``and one Chief Innovation and Intellectual
Property Negotiator'' and inserting ``one Chief Innovation
and Intellectual Property Negotiator, and one Chief
Pharmaceutical Negotiator'';
(B) by striking ``or the Chief Innovation and Intellectual
Property Negotiator'' and inserting ``the Chief Innovation
and Intellectual Property Negotiator, or the Chief
Pharmaceutical Negotiator''; and
(C) by striking ``and the Chief Innovation and Intellectual
Property Negotiator'' and inserting ``the Chief Innovation
and Intellectual Property Negotiator, and the Chief
Pharmaceutical Negotiator''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
[[Page S4360]]
``(7) The principal function of the Chief Pharmaceutical
Negotiator shall be to conduct trade negotiations and to
enforce trade agreements relating to United States
pharmaceutical products and services. The Chief
Pharmaceutical Negotiator shall be a vigorous advocate on
behalf of United States pharmaceutical interests. The Chief
Pharmaceutical Negotiator shall perform such other functions
as the United States Trade Representative may direct.''.
(b) Compensation.--Section 5314 of title 5, United States
Code, is amended by striking ``Chief Innovation and
Intellectual Property Negotiator, Office of the United States
Trade Representative.'' and inserting the following:
``Chief Innovation and Intellectual Property Negotiator,
Office of the United States Trade Representative.
``Chief Pharmaceutical Negotiator, Office of the United
States Trade Representative.''.
(c) Report Required.--Not later than the date that is one
year after the appointment of the first Chief Pharmaceutical
Negotiator pursuant to paragraph (2) of section 141(b) of the
Trade Act of 1974, as amended by subsection (a), and annually
thereafter, the United States Trade Representative shall
submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a
report describing in detail--
(1) enforcement actions taken by the United States Trade
Representative during the 1-year period preceding the
submission of the report to ensure the protection of United
States pharmaceutical products and services; and
(2) other actions taken by the United States Trade
Representative to advance United States pharmaceutical
products and services.
______
SA 5480. Mr. TESTER submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14; as
follows:
At the appropriate place, insert the following:
SEC. ___. PUBLIC HEALTH AND BORDER SECURITY.
(a) Short Title.--This section may be cited as the ``Public
Health and Border Security Act of 2022''.
(b) Termination of Suspension of Entries and Imports From
Designated Places Related to the COVID-19 Pandemic.--
(1) In general.--An order of suspension issued under
section 362 of the Public Health Service Act (42 U.S.C. 265)
as a result of the public health emergency relating to the
Coronavirus Disease 2019 (COVID-19) pandemic declared under
section 319 of such Act (42 U.S.C. 247d) on January 31, 2020,
and any continuation of such declaration (including the
continuation described in Proclamation 9994 on February 24,
2021), shall be lifted not earlier than 60 days after the
date on which the Surgeon General provides written
notification to the appropriate authorizing and appropriating
committees of Congress that such public health emergency
declaration (including the continuation described in
Proclamation 9994 on February 24, 2021) have been terminated.
(2) Procedures during 60-day termination window.--
(A) Plan.--Not later than 30 days after the date on which a
written notification is provided under paragraph (1) with
respect to an order of suspension, the Surgeon General, in
consultation with the Secretary of Homeland Security, and the
head of any other Federal agency, State, local or Tribal
government, or nongovernmental organization that has a role
in managing outcomes associated with the suspension, as
determined by the Surgeon General (or the designee of the
Surgeon General), shall develop and submit to the appropriate
committees of Congress, a plan to address any possible influx
of entries or imports, as defined in such order of
suspension, related to the termination of such order.
(B) Failure to submit.--If a plan under subparagraph (A) is
not submitted to the appropriate committees of Congress
within the 30-day period described in such subparagraph, not
later than 7 days after the expiration of such 30-day period,
the Secretary shall notify the appropriate committees of
Congress, in writing, of the status of preparing such a plan
and the timing for submission as required under subparagraph
(A). The termination of order related to such plan shall be
delayed until that date that is 30 days after the date on
which such plan is submitted to such committees.
______
SA 5481. Mr. BARRASSO (for himself and Mr. Marshall) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
At the end of part 1 of subtitle B of title I, add the
following:
SEC. 11005. REBATE BY MANUFACTURERS FOR SELECTED DRUGS AND
BIOLOGICAL SUBJECT TO MAXIMUM FAIR PRICE
NEGOTIATION.
(a) Maintaining Payments Under Part B Based on ASP+6.--
Section 11001(b)(1) of this Act is amended by striking
subparagraph (A).
(b) Rebate by Manufacturers for Selected Drugs and
Biologicals Subject to Maximum Fair Price Negotiation.--
(1) In general.--Section 1847A of the Social Security Act
(42 U.S.C. 1395w-3a), as amended by section 11101, is
amended--
(A) by redesignating subsection (j) as subsection (k); and
(B) by inserting after subsection (i) the following new
subsection:
``(j) Rebate by Manufacturers for Selected Drugs and
Biologicals Subject to Maximum Fair Price Negotiation.--
``(1) Requirements.--
``(A) Secretarial provision of information.--Not later than
6 months after the end of each calendar quarter beginning on
or after the first day of the initial price applicability
period (as defined in section 1191(b)(2)), the Secretary
shall, for each selected drug (as defined in section 1192(c))
of each manufacturer with an agreement under section 1193 for
which a maximum fair price is in effect and for which payment
may be made under this part, report to each manufacturer of
such selected drug the following for such calendar quarter
during such price applicability period:
``(i) Information on the total number of units of the
billing and payment code for such selected drug furnished
under this part during such calendar quarter.
``(ii) Information on the sum of--
``(I) the amount (if any) by which--
``(aa) the ASP+6 payment amount (as defined in paragraph
(5)) for such drug and calendar quarter, less the ASP+6
coinsurance amount for such drug and calendar quarter;
exceeds
``(bb) the MFP+6 payment amount (as so defined) for such
drug and calendar quarter, less the MFP+6 coinsurance amount
for such drug and calendar quarter; and
``(II) the amount (if any) by which--
``(aa) the ASP+6 coinsurance amount (as defined in
paragraph (5)) for such drug and calendar quarter; exceeds
``(bb) the MFP+6 coinsurance amount (as so defined) for
such drug and calendar quarter.
``(iii) The rebate amount specified under subparagraph (B)
for such drug and calendar quarter.
``(B) Manufacturer requirement.--For each calendar quarter
beginning on or after the first day of the price
applicability period, the manufacturer of a selected drug
shall, for such drug, not later than 30 days after the date
of receipt from the Secretary of the information described in
subparagraph (A) for such calendar quarter, provide to the
Secretary a rebate that is equal to the amount specified in
subparagraph (A)(ii) multiplied by the number of units
specified in subparagraph (A)(i) for such drug for such
calendar quarter. The rebate required under this subparagraph
shall be in addition to any other rebates required under this
title or title XIX, including the payments required under
subsections (h) and (i).
``(2) Calculation of beneficiary coinsurance based on
mfp+6.--
``(A) In general.--Subject to subparagraph (B), in the case
of a selected drug with respect to which a rebate is paid
under this subsection--
``(i) the amount of any coinsurance applicable under this
part to an individual to whom such drug is furnished during a
calendar quarter shall be equal to the MFP+6 coinsurance
amount; and
``(ii) the amount of such coinsurance for such calendar
quarter shall be applied as a percent, as determined by the
Secretary, to the payment amount that would otherwise apply
under subsection (b)(1)(B).
``(B) Clarification regarding application of inflation
rebate.--If a rebate is required under subsection (i) with
respect to a selected drug for a calendar quarter, the lesser
of the amount of coinsurance computed under subparagraph (A)
or the coinsurance computed under subsection (i)(5) shall
apply for such drug and calendar quarter.
``(3) Rebate deposits.--Amounts paid as rebates under
paragraph (1)(B) shall be deposited into the Federal
Supplementary Medical Insurance Trust Fund established under
section 1841.
``(4) Civil money penalty.--The civil money penalty
established under paragraph (7) of subsection (i) shall apply
to the failure to comply with this subsection in the same
manner as such penalty applies to failures to comply with the
requirements under paragraph (1)(B) of subsection (i).
``(5) Definitions.--In this subsection, with respect to a
selected drug for a calendar quarter during a price
applicability period:
``(A) ASP+6 coinsurance amount.--The `ASP+6 coinsurance
amount' is equal to 20 percent of the ASP+6 payment amount.
``(B) ASP+6 payment amount.--The `ASP+6 payment amount' is
equal to 106 percent of the amount determined under paragraph
(4) of subsection (b) for such drug during such calendar
quarter.
``(C) MFP+6 coinsurance amount.--The `MFP+6 coinsurance
amount' is equal to 20 percent of the MFP+6 payment amount.
``(D) MFP+6 payment amount.--The `MFP+6 payment amount' is
equal to 106 percent of the maximum fair price (as defined in
section 1191(c)(2)) applicable for such drug during such
calendar quarter.
``(6) Clarification.--Nothing in part E of title XI or this
subsection shall be construed to require a manufacturer to
provide selected drugs at maximum fair prices other than
through the rebate required under this subsection.''.
(2) Amounts payable; cost-sharing.--Section 1833(a)(1) of
the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended
by section 11101(b), is amended--
[[Page S4361]]
(A) in subparagraph (G), by striking ``subsection (i)(9)''
and inserting ``paragraphs (9) and (10) of subsection (i)'';
(B) in subparagraph (S), by striking ``subparagraph (EE)''
and inserting ``subparagraphs (EE) and (FF)'';
(C) by striking ``and (EE)'' and inserting ``(EE)''; and
(D) by inserting before the semicolon at the end the
following: ``, and (FF) with respect to a selected drug (as
defined in section 1192(c)) that is subject to a rebate under
section 1847A(j), the amounts paid shall be equal to the
percent of the payment amount otherwise determined under
section 1847A(b)(1)(B) that equals the difference between (i)
100 percent, and (ii) the percent applied under section
1847A(j)(2)(A)(ii)''.
(3) Asc conforming amendments.--Section 1833(i) of the
Social Security Act (42 U.S.C. 1395l(i)) is amended by adding
at the end the following new paragraph:
``(10) In the case of a selected drug (as defined in
section 1192(c)), subject to a rebate under section 1847A(j)
for which payment under this subsection is not packaged into
a payment for a service furnished on or after the initial
price applicability year for the selected drug under the
revised payment system under this subsection, in lieu of
calculation of coinsurance and the amount of payment
otherwise applicable under this subsection, the provisions of
section 1847(j)(2) and paragraph (1)(FF) of subsection (a),
shall, as determined appropriate by the Secretary, apply
under this subsection in the same manner as such provisions
of section 1847A(j)(2) and subsection (a) apply under such
section and subsection.''.
(4) Opps conforming amendment.--Section 1833(t)(8) of the
Social Security Act (42 U.S.C. 1395l(t)(8)) is amended by
adding at the end the following new subparagraph:
``(G) Selected drugs subject to rebate.--In the case of a
selected drug (as defined in section 1192(c)), subject to a
rebate under section 1847A(j) for which payment under this
subsection is not packaged into a payment for a covered OPD
service (or group of services) furnished on or after the
initial price applicability year for the selected drug, and
the payment for such drug is the same as the amount for a
calendar quarter under section 1847A(b)(1)(B), under the
system under this subsection, in lieu of the calculation of
the copayment amount and the amount otherwise applicable
under this subsection (other than the application of the
limitation described in subparagraph (C)), the provisions of
section 1847A(j)(2) and paragraph (1)(FF) of subsection (a),
shall, as determined by the Secretary apply under this
section in the same manner as such provisions of section
1847A(j)(2) and subsection (a) apply under such section and
subsection.''.
(5) Exclusion of selected drug mfp rebates from asp
calculation.--Section 1847A(c)(3) of the Social Security Act
(42 U.S.C. 1395w-3a(c)(3)), as amended by section 11101(c)(1)
and 11102(b)(1), is amended by striking ``subsection (i)''
and inserting ``subsection (i), subsection (j)''.
(6) Coordination with medicaid rebate information
disclosures.--Section 1927(b)(3)(D)(i) of the Social Security
Act (42 U.S.C. 1396r-8(b)(3)(D)(i)), as amended by section
11101(c)(3) and 11102(b)(3), is amended by striking ``and the
rebate'' and inserting ``and the rebates''.
(7) Provision of rebates.--Section 1193(a) of the Social
Security Act, as added by section 11001, is amended--
(A) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) by paying rebates in accordance with section
1847A(j);''.
(B) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) by paying rebates in accordance with section
1847A(j);''.
(C) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) by paying rebates in accordance with section
1847A(j);''.
(c) Conforming Amendments.--
(1) Section 1847(i)(5) of the Social Security Act, as added
by section 11101, is amended, in the matter preceding
subparagraph (A)--
(A) by striking ``In the case'' and inserting ``Subsection
to subsection (j)(2)(B), in the case''; and
(B) by striking ``(or, in the case of a part B rebatable
drug that is a selected drug (as defined in section 1192(c)),
the payment amount described in subsection (b)(1)(B) for such
drug)''; and
(2) Section 1833(a)(1)(EE) of the Social Security Act, as
added by section 11101, is amended--
(A) by striking ``(or, in the case of a part B rebatable
drug that is a selected drug (as defined in section 1192(c)
for which, the payment amount described in section
1847A(b)(1)(B))''; and
(B) by striking ``or section 1847A(b)(1)(B), as
applicable,''.
______
SA 5482. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of part 5 of subtitle B of title I, add the
following:
SEC. 11406. FIDUCIARY DUTY OF PHARMACY BENEFIT MANAGERS UNDER
MEDICARE PART D.
(a) Prescription Drug Plans.--Section 1860D-12(b) of the
Social Security Act (42 U.S.C. 1395w-112(b)) is amended by
adding at the end the following new paragraph:
``(8) Fiduciary duty of pharmacy benefit managers.--
``(A) In general.--Each contract entered into with a PDP
sponsor under this part with respect to a prescription drug
plan offered by such sponsor shall provide that any pharmacy
benefit manager (or affiliate, subsidiary, or agent of a
pharmacy benefit manager), acting as a third-party to such
sponsor, has a fiduciary duty of good faith and fair dealing
towards the Secretary.
``(B) Provision of information.--A PDP sponsor and a
pharmacy benefit manager (or affiliate, subsidiary, or agency
of a pharmacy benefit manager), acting as a third-party to
such sponsor, shall furnish to the Secretary (in a time and
manner specified by the Secretary) such information as the
Secretary determines necessary to carry out this paragraph.
``(C) Confidential and trade secret information.--This
paragraph does not authorize the disclosure of any trade
secret, confidential commercial or financial information, or
other matter described in section 552(b) of title 5.''.
(b) MA-PD Plans.--Section 1857(f)(3) of the Social Security
Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the
end the following new subparagraph:
``(E) Fiduciary duty of pharmacy benefit managers.--Section
1860D-12(b)(8).''.
______
SA 5483. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of title I, insert the following:
Subtitle E--Additional Proscription Drug Provisions
PART 1--MEDICARE
Subpart A--Part B
SEC. 14001. INCLUSION OF VALUE OF COUPONS IN DETERMINATION OF
AVERAGE SALES PRICE FOR DRUGS AND BIOLOGICALS
UNDER MEDICARE PART B.
Section 1847A(c) of the Social Security Act (42 U.S.C.
1395w-3a(c)) is amended--
(1) in paragraph (3)--
(A) by striking ``discounts.--In calculating'' and
inserting ``discounts to purchasers and coupons provided to
privately insured individuals.--
``(A) Discounts to purchasers.--In calculating''; and
(B) by adding at the end the following new subparagraph:
``(B) Coupons provided to reduce cost-sharing.--For
calendar quarters beginning on or after July 1, 2024, in
calculating the manufacturer's average sales price under this
subsection, such price shall include the value (as defined in
paragraph (6)(J)) of any coupons provided under a drug coupon
program of a manufacturer (as those terms are defined in
subparagraphs (K) and (L), respectively, of paragraph
(6)).''; and
(2) in paragraph (6), by adding at the end the following
new subparagraphs:
``(J) Value.--The term `value' means, with respect to a
coupon (as defined in subparagraph (K)), the difference, if
any, between--
``(i) the amount of any reduction or elimination of cost-
sharing or other out-of-pocket costs described in such
subparagraph to a patient as a result of the use of such
coupon; and
``(ii) any charge to the patient for the use of such
coupon.
``(K) Coupon.--The term `coupon' means any financial
support that is provided to a patient, either directly to the
patient or indirectly to the patient through a physician,
prescriber, pharmacy, or other provider, under a drug coupon
program of a manufacturer (as defined in subparagraph (L))
that is used to reduce or eliminate cost-sharing or other
out-of-pocket costs of the patient, including costs related
to a deductible, coinsurance, or copayment, with respect to a
drug or biological, including a biosimilar biological
product, of the manufacturer.
``(L) Drug coupon program.--
``(i) In general.--Subject to clause (ii), the term `drug
coupon program' means, with respect to a manufacturer, a
program through which the manufacturer provides coupons to
patients as described in subparagraph (K).
``(ii) Exclusions.--Such term does not include--
``(I) a patient assistance program operated by a
manufacturer that provides free or discounted drugs or
biologicals, including biosimilar biological products,
(through in-kind donations) to patients of low income; or
``(II) a contribution by a manufacturer to a nonprofit or
Foundation that provides free or discounted drugs or
biologicals, including biosimilar biological products,
(through in-kind donations) to patients of low income.''.
SEC. 14002. IMPROVEMENTS TO MEDICARE SITE-OF-SERVICE
TRANSPARENCY.
Section 1834(t) of the Social Security Act (42 U.S.C.
1395m(t)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``In general'' and
inserting ``Site payment'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``or to'' and inserting ``, to'';
(ii) by inserting ``, or to a physician for services
furnished in a physician's office'' after ``surgical
center''; and
[[Page S4362]]
(iii) by inserting ``(or 2024 with respect to a physician
for services furnished in a physician's office)'' after
``2018''; and
(C) in subparagraph (A)--
(i) by striking ``and the'' and inserting ``, the''; and
(ii) by inserting ``, and the physician fee schedule under
section 1848 (with respect to the practice expense component
of such payment amount)'' after ``such section'';
(2) by redesignating paragraphs (2) through (4) and
paragraphs (3) through (5), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Physician payment.--Beginning in 2024, the Secretary
may expand the information included on the Internet website
described in paragraph (1) to include--
``(A) the amount paid to a physician under section 1848 for
an item or service for the settings described in paragraph
(1); and
``(B) the estimated amount of beneficiary liability
applicable to the item or service.''.
SEC. 14003. HHS INSPECTOR GENERAL STUDY AND REPORT ON BONA
FIDE SERVICE FEES.
(a) Study.--The Inspector General of the Department of
Health and Human Services (in this section referred to as the
``Inspector General'') shall conduct a study on the effect of
the use of bona fide service fee contracting arrangements by
drug manufacturers and other entities on Medicare payments
for drugs and biologicals furnished under part B of title
XVIII of the Social Security Act (42 U.S.C. 1395j et seq.).
Such study shall include an analysis of--
(1) the various types of entities that enter into
contracting arrangements that use bona fide service fees,
such as group purchasing organizations, wholesalers,
providers, and pharmacies;
(2) the various types of bona fide service fee contracting
arrangements used by such entities;
(3) the types of services that are paid for through such
arrangements;
(4) whether manufacturers define bona fide service fees
differently across different entities;
(5) how such arrangements are structured;
(6) whether the structure or use of such arrangements has
changed over time;
(7) the extent, if any, to which there is consistency
across manufacturers in what they consider to be a bona fide
service fee as opposed to a discount or rebate that should be
excluded from the determination of average sales price
pursuant to the methodology under section 1847A of the Social
Security Act (42 U.S.C. 1395w-3a);
(8) the overall magnitude of bona fide service fees;
(9) what share of bona fide service fees are paid to
various entities;
(10) how the magnitude of bona fide service fees compares
to other fees and rebates that are included in the
determination of average sales price;
(11) whether and, if so, how much, the magnitude of bona
fide service fees has grown over time and how such growth
compares to growth in the magnitude of other fees and
rebates; and
(12) what share of bona fide service fees are based on a
percentage of sales.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Inspector General shall submit to
Congress a report containing the results of the study
conducted under subsection (a), together with recommendations
for such legislation and administrative action as the
Inspector General determines appropriate.
SEC. 14004. ESTABLISHMENT OF MAXIMUM ADD-ON PAYMENT FOR DRUGS
AND BIOLOGICALS.
(a) In General.--Section 1847A of the Social Security Act
(42 U.S.C. 1395w-3a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``paragraph (7)'' and inserting ``paragraphs
(7) and (9)''; and
(B) by adding at the end the following new paragraph:
``(9) Maximum add-on payment amount.--
``(A) In general.--In determining the payment amount under
the provisions of subparagraph (A), (B), or (C) of paragraph
(1) of this subsection, subsection (c)(4)(A)(ii), or
subsection (d)(3)(C) for a drug or biological furnished on or
after January 1, 2024, if the applicable add-on payment (as
defined in subparagraph (B)) for each drug or biological on a
claim for a date of service exceeds the maximum add-on
payment amount specified under subparagraph (C) for the drug
or biological, then the payment amount otherwise determined
for the drug or biological under those provisions, as
applicable, shall be reduced by the amount of such excess.
``(B) Applicable add-on payment defined.--In this
paragraph, the term `applicable add-on payment' means the
following amounts, determined without regard to the
application of subparagraph (A):
``(i) In the case of a multiple source drug, an amount
equal to the difference between--
``(I) the amount that would otherwise be applied under
paragraph (1)(A); and
``(II) the amount that would be applied under such
paragraph if `100 percent' were substituted for `106
percent'.
``(ii) In the case of a single source drug or biological,
an amount equal to the difference between--
``(I) the amount that would otherwise be applied under
paragraph (1)(B); and
``(II) the amount that would be applied under such
paragraph if `100 percent' were substituted for `106
percent'.
``(iii) In the case of a biosimilar biological product, the
amount otherwise determined under paragraph (8)(B).
``(iv) In the case of a drug or biological during the
initial period described in subsection (c)(4)(A), an amount
equal to the difference between--
``(I) the amount that would otherwise be applied under
subsection (c)(4)(A)(ii); and
``(II) the amount that would be applied under such
subsection if `100 percent' were substituted, as applicable,
for--
``(aa) `103 percent' in subclause (I) of such subsection;
or
``(bb) any percent in excess of 100 percent applied under
subclause (II) of such subsection.
``(v) In the case of a drug or biological to which
subsection (d)(3)(C) applies, an amount equal to the
difference between--
``(I) the amount that would otherwise be applied under such
subsection; and
``(II) the amount that would be applied under such
subsection if `100 percent' were substituted, as applicable,
for--
``(aa) any percent in excess of 100 percent applied under
clause (i) of such subsection; or
``(bb) `103 percent' in clause (ii) of such subsection.
``(C) Maximum add-on payment amount specified.--For
purposes of subparagraph (A), the maximum add-on payment
amount specified in this subparagraph is--
``(i) for each of 2024 through 2031, $1,000; and
``(ii) for a subsequent year, the amount specified in this
subparagraph for the preceding year increased by the
percentage increase in the consumer price index for all urban
consumers (all items; United States city average) for the 12-
month period ending with June of the previous year.
Any amount determined under this subparagraph that is not a
multiple of $10 shall be rounded to the nearest multiple of
$10.''; and
(2) in subsection (c)(4)(A)(ii), by striking ``in the
case'' and inserting ``subject to subsection (b)(9), in the
case''.
(b) Conforming Amendments Relating to Separately Payable
Drugs.--
(1) OPPS.--Section 1833(t)(14) of the Social Security Act
(42 U.S.C. 1395l(t)(14)) is amended--
(A) in subparagraph (A)(iii)(II), by inserting ``, subject
to subparagraph (I)'' after ``are not available''; and
(B) by adding at the end the following new subparagraph:
``(I) Application of maximum add-on payment for separately
payable drugs and biologicals.--In establishing the amount of
payment under subparagraph (A) for a specified covered
outpatient drug that is furnished as part of a covered OPD
service (or group of services) on or after January 1, 2024,
if such payment is determined based on the average price for
the year established under section 1847A pursuant to clause
(iii)(II) of such subparagraph, the provisions of subsection
(b)(9) of section 1847A shall apply to the amount of payment
so established in the same manner as such provisions apply to
the amount of payment under section 1847A.''.
(2) ASC.--Section 1833(i)(2)(D) of the Social Security Act
(42 U.S.C. 1395l(i)(2)(D)) is amended--
(A) by moving clause (v) 6 ems to the left;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following new clause:
``(vi) If there is a separate payment under the system
described in clause (i) for a drug or biological furnished on
or after January 1, 2024, the provisions of subsection
(t)(14)(I) shall apply to the establishment of the amount of
payment for the drug or biological under such system in the
same manner in which such provisions apply to the
establishment of the amount of payment under subsection
(t)(14)(A).''.
SEC. 14005. TREATMENT OF DRUG ADMINISTRATION SERVICES
FURNISHED BY CERTAIN EXCEPTED OFF-CAMPUS
OUTPATIENT DEPARTMENTS OF A PROVIDER.
Section 1833(t)(16) of the Social Security Act (42 U.S.C.
1395l(t)(16)) is amended by adding at the end the following
new subparagraph:
``(G) Special payment rule for drug administration services
furnished by an excepted department of a provider.--
``(i) In general.--In the case of a covered OPD service
that is a drug administration service (as defined by the
Secretary) furnished by a department of a provider described
in clause (ii) or (iv) of paragraph (21)(B), the payment
amount for such service furnished on or after January 1,
2024, shall be the same payment amount (as determined in
paragraph (21)(C)) that would apply if the drug
administration service was furnished by an off-campus
outpatient department of a provider (as defined in paragraph
(21)(B)).
``(ii) Application without regard to budget neutrality.--
The reductions made under this subparagraph--
``(I) shall not be considered an adjustment under paragraph
(2)(E); and
``(II) shall not be implemented in a budget neutral
manner.''.
SEC. 14006. GAO STUDY AND REPORT ON AVERAGE SALES PRICE.
(a) Study.--
(1) In general.--The Comptroller General of the United
States (in this section referred
[[Page S4363]]
to as the ``Comptroller General'') shall conduct a study on
spending for applicable drugs under part B of title XVIII of
the Social Security Act.
(2) Applicable drugs defined.--In this section, the term
``applicable drugs'' means drugs and biologicals--
(A) for which reimbursement under such part B is based on
the average sales price of the drug or biological; and
(B) that account for the largest percentage of total
spending on drugs and biologicals under such part B (as
determined by the Comptroller General, but in no case less
that 25 drugs or biologicals).
(3) Requirements.--The study under paragraph (1) shall
include an analysis of the following:
(A) The extent to which each applicable drug is paid for--
(i) under such part B for Medicare beneficiaries; or
(ii) by private payers in the commercial market.
(B) Any change in Medicare spending or Medicare beneficiary
cost-sharing that would occur if the average sales price of
an applicable drug was based solely on payments by private
payers in the commercial market.
(C) The extent to which drug manufacturers provide rebates,
discounts, or other price concessions to private payers in
the commercial market for applicable drugs, which the
manufacturer includes in its average sales price calculation,
for--
(i) formulary placement;
(ii) utilization management considerations; or
(iii) other purposes.
(D) Barriers to drug manufacturers providing such price
concessions for applicable drugs.
(E) Other areas determined appropriate by the Comptroller
General.
(b) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the study conducted under subsection
(a), together with recommendations for such legislation and
administrative action as the Secretary determines
appropriate.
SEC. 14007. AUTHORITY TO USE ALTERNATIVE PAYMENT FOR DRUGS
AND BIOLOGICALS TO PREVENT POTENTIAL DRUG
SHORTAGES.
(a) In General.--Section 1847A(e) of the Social Security
Act (42 U.S.C. 1395w-3a(e)) is amended--
(1) by striking ``Payment in Response to Public Health
Emergency.--In the case'' and inserting ``Payments.--
``(1) In response to public health emergency.--In the
case''; and
(2) by adding at the end the following new paragraph:
``(2) Preventing potential drug shortages.--
``(A) In general.--In the case of a drug or biological that
the Secretary determines is described in subparagraph (B) for
one or more quarters beginning on or after January 1, 2024,
the Secretary may use wholesale acquisition cost (or other
reasonable measure of a drug or biological price) instead of
the manufacturer's average sales price for such quarters and
for subsequent quarters until the end of the quarter in which
such drug or biological is removed from the drug shortage
list under section 506E of the Federal Food, Drug, and
Cosmetic Act, or in the case of a drug or biological
described in subparagraph (B)(ii), the date on which the
Secretary determines that the total manufacturing capacity or
the total number of manufacturers of such drug or biological
is sufficient to mitigate a potential shortage of the drug or
biological.
``(B) Drug or biological described.--For purposes of
subparagraph (A), a drug or biological described in this
subparagraph is a drug or biological--
``(i) that is listed on the drug shortage list maintained
by the Food and Drug Administration pursuant to section 506E
of the Federal Food, Drug, and Cosmetic Act, and with respect
to which any manufacturer of such drug or biological notifies
the Secretary of a permanent discontinuance or an
interruption that is likely to lead to a meaningful
disruption in the manufacturer's supply of that drug pursuant
to section 506C(a) of such Act; or
``(ii) that--
``(I) is described in section 506C(a) of such Act;
``(II) was listed on the drug shortage list maintained by
the Food and Drug Administration pursuant to section 506E of
such Act within the preceding 5 years; and
``(III) for which the total manufacturing capacity of all
manufacturers with an approved application for such drug or
biological that is currently marketed or total number of
manufacturers with an approved application for such drug or
biological that is currently marketed declines during a 6-
month period, as determined by the Secretary.
``(C) Provision of additional information.--For each
quarter in which the amount of payment for a drug or
biological described in subparagraph (B) pursuant to
subparagraph (A) exceeds the amount of payment for the drug
or biological otherwise applicable under this section, each
manufacturer of such drug or biological shall provide to the
Secretary information related to the potential cause or
causes of the shortage and the expected duration of the
shortage with respect to such drug.''.
(b) Tracking Shortage Drugs Through Claims.--The Secretary
of Health and Human Services (referred to in this section as
the ``Secretary'') shall establish a mechanism (such as a
modifier) for purposes of tracking utilization under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) of
drugs and biologicals listed on the drug shortage list
maintained by the Food and Drug Administration pursuant to
section 506E of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356e).
(c) HHS Report and Recommendations.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on shortages of drugs within the Medicare
program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.). The report shall include--
(A) an analysis of--
(i) the effect of drug shortages on Medicare beneficiary
access, quality, safety, and out-of-pocket costs;
(ii) the effect of drug shortages on health providers,
including hospitals and physicians, across the Medicare
program;
(iii) the current role of the Centers for Medicare &
Medicaid Services (CMS) in addressing drug shortages,
including CMS's working relationship and communication with
other Federal agencies and stakeholders;
(iv) the role of all actors in the drug supply chain
(including drug manufacturers, distributors, wholesalers,
secondary wholesalers, group purchasing organizations,
hospitals, and physicians) on drug shortages within the
Medicare program; and
(v) payment structures and incentives under parts A, B, C,
and D of the Medicare program and their effect, if any, on
drug shortages; and
(B) relevant findings and recommendations to Congress.
(2) Public availability.--The report under this subsection
shall be made available to the public.
(3) Consultation.--The Secretary shall consult with the
drug shortage task force authorized under section
506D(a)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356d(a)(1)(A)) in preparing the report under this
subsection, as appropriate.
Subpart B--Part D
SEC. 14101. REQUIRING PHARMACY-NEGOTIATED PRICE CONCESSIONS,
PAYMENT, AND FEES TO BE INCLUDED IN NEGOTIATED
PRICES AT THE POINT-OF-SALE UNDER PART D OF THE
MEDICARE PROGRAM.
Section 1860D-2(d)(1)(B) of the Social Security Act (42
U.S.C. 1395w-102(d)(1)(B)) is amended--
(1) by striking ``prices.--For purposes'' and inserting
``prices.--
``(i) In general.--For purposes''; and
(2) by adding at the end the following new clause:
``(ii) Prices negotiated with pharmacy at point-of-sale.--
For plan years beginning on or after January 1, 2024, a
negotiated price for a covered part D drug described in
clause (i) shall be the approximate lowest possible
reimbursement for such drug negotiated with the pharmacy
dispensing such drug, and shall include all contingent and
noncontingent price concessions, payments, and fees
negotiated with such pharmacy, but shall not include positive
incentive payments paid or to be paid to such pharmacy. Such
negotiated price shall be provided at the point-of-sale of
such drug.''.
SEC. 14102. PUBLIC DISCLOSURE OF DRUG DISCOUNTS AND OTHER
PHARMACY BENEFIT MANAGER (PBM) PROVISIONS.
(a) Public Disclosure of Drug Discounts.--
(1) In general.--Section 1150A of the Social Security Act
(42 U.S.C. 1320b-23) is amended--
(A) in subsection (c), in the matter preceding paragraph
(1), by striking ``this section'' and inserting ``subsection
(b)(1)''; and
(B) by adding at the end the following new subsection:
``(e) Public Availability of Certain Information.--
``(1) In general.--Subject to paragraphs (2) and (3), in
order to allow patients and employers to compare PBMs'
ability to negotiate rebates, discounts, and price
concessions and the amount of such rebates, discounts, and
price concessions that are passed through to plan sponsors,
not later than July 1, 2024, the Secretary shall make
available on the Internet website of the Department of Health
and Human Services the information provided to the Secretary
and described in paragraphs (2) and (3) of subsection (b)
with respect to each PBM.
``(2) Lag in data.--The information made available in a
plan year under paragraph (1) shall not include information
with respect to such plan year or the two preceding plan
years.
``(3) Confidentiality.--The Secretary shall ensure that
such information is displayed in a manner that prevents the
disclosure of information on rebates, discounts, and price
concessions with respect to an individual drug or an
individual PDP sponsor, MA organization, or qualified health
benefits plan.''.
(2) Effective date.--The amendment made by paragraph (1)(A)
shall take effect on January 1, 2024.
(b) Plan Audit of Pharmacy Benefit Manager Data.--Section
1860D-2(d)(3) of the Social Security Act (42 U.S.C. 1395w-
102(d)(3)) is amended--
[[Page S4364]]
(1) by striking ``Audits.--To protect'' and inserting the
following: ``Audits.--
``(A) Audits of plans by the secretary.--To protect''; and
(2) by adding at the end the following new subparagraph:
``(B) Audits of pharmacy benefit managers by pdp sponsors
and ma organizations.--
``(i) In general.--Beginning January 1, 2024, in order to
ensure that--
``(I) contracting terms between a PDP sponsor offering a
prescription drug plan or an MA organization offering an MA-
PD plan and its contracted or owned pharmacy benefit manager
are met; and
``(II) the PDP sponsor and MA organization can account for
the cost of each covered part D drug net of all direct and
indirect remuneration;
the PDP sponsor or MA organization shall conduct financial
audits.
``(ii) Independent third party.--An audit described in
clause (i) shall--
``(I) be conducted by an independent third party; and
``(II) account and reconcile flows of funds that determine
the net cost of covered part D drugs, including direct and
indirect remuneration from drug manufacturers and pharmacies
or provided to pharmacies.
``(iii) Rebate agreements.--A PDP sponsor and an MA
organization shall require pharmacy benefit managers to make
rebate contracts with drug manufacturers made on their behalf
available under audits described in clause (i).
``(iv) Confidentiality agreements.--Audits described in
clause (i) shall be subject to confidentiality agreements to
prevent, except as required under clause (vii), the
redisclosure of data transmitted under the audit.
``(v) Frequency.--A financial audit under clause (i) shall
be conducted periodically (but in no case less frequently
than once every 2 years).
``(vi) Timeframe for pbm to provide information.--A PDP
sponsor and an MA organization shall require that a pharmacy
benefit manager that is being audited under clause (i)
provide (as part of their contracting agreement) the
requested information to the independent third party
conducting the audit within 45 days of the date of the
request.
``(vii) Submission of audit reports to the secretary.--
``(I) In general.--A PDP sponsor and an MA organization
shall submit to the Secretary the final report on any audit
conducted under clause (i) within 30 days of the PDP sponsor
or MA organization receiving the report from the independent
third party conducting the audit.
``(II) Review.--The Secretary shall review final reports
submitted under clause (i) to determine the extent to which
the goals specified in subclauses (I) and (II) of
subparagraph (B)(i) are met.
``(III) Confidentiality.--Notwithstanding any other
provision of law, information disclosed in a report submitted
under clause (i) related to the net cost of a covered part D
drug is confidential and shall not be disclosed by the
Secretary or a Medicare contractor.
``(viii) Notice of noncompliance.--A PDP sponsor and an MA
organization shall notify the Secretary if any pharmacy
benefit manager is not complying with requests for access to
information required under an audit under clause (i).
``(ix) Civil monetary penalties.--
``(I) In general.--Subject to subclause (II), if the
Secretary determines that a PDP sponsor or an MA organization
has failed to conduct an audit under clause (i), the
Secretary may impose a civil monetary penalty of not more
than $10,000 for each day of such noncompliance.
``(II) Procedure.--The provisions of section 1128A, other
than subsections (a) and (b) and the first sentence of
subsection (c)(1) of such section, shall apply to civil
monetary penalties under this clause in the same manner as
such provisions apply to a penalty or proceeding under
section 1128A.''.
(c) Disclosure to Pharmacy of Post-Point-of-Sale Pharmacy
Price Concessions and Incentive Payments.--Section 1860D-
2(d)(2) of the Social Security Act (42 U.S.C. 1395w-
102(d)(2)) is amended--
(1) by striking ``Disclosure.--A PDP sponsor'' and
inserting the following: ``Disclosure.--
``(A) To the secretary.--A PDP sponsor''; and
(2) by adding at the end the following new subparagraph:
``(B) To pharmacies.--
``(i) In general.--For plan year 2024 and subsequent plan
years, a PDP sponsor offering a prescription drug plan and an
MA organization offering an MA-PD plan shall report any
pharmacy price concession or incentive payment that occurs
with respect to a pharmacy after payment for covered part D
drugs at the point-of-sale, including by an intermediary
organization with which a PDP sponsor or MA organization has
contracted, to the pharmacy.
``(ii) Timing.--The reporting of price concessions and
incentive payments to a pharmacy under clause (i) shall be
made on a periodic basis (but in no case less frequently than
annually).
``(iii) Claim level.--The reporting of price concessions
and incentive payments to a pharmacy under clause (i) shall
be at the claim level or approximated at the claim level if
the price concession or incentive payment was applied at a
level other than at the claim level.''.
(d) Disclosure of P&T Committee Conflicts of Interest.--
(1) In general.--Section 1860D-4(b)(3)(A) of the Social
Security Act (42 U.S.C. 1395w-104(b)(3)(A)) is amended by
adding at the end the following new clause:
``(iii) Disclosure of conflicts of interest.--With respect
to plan year 2024 and subsequent plan years, a PDP sponsor of
a prescription drug plan and an MA organization offering an
MA-PD plan shall, as part of its bid submission under section
1860D-11(b), provide the Secretary with a completed statement
of financial conflicts of interest, including with
manufacturers, from each member of any pharmacy and
therapeutic committee used by the sponsor or organization
pursuant to this paragraph.''.
(2) Inclusion in bid.--Section 1860D-11(b)(2) of the Social
Security Act (42 U.S.C. 1395w-111(b)(2)) is amended--
(A) by redesignating subparagraph (F) as subparagraph (G);
and
(B) by inserting after subparagraph (E) the following new
subparagraph:
``(F) P&T committee conflicts of interest.--The information
required to be disclosed under section 1860D-
4(b)(3)(A)(iii).''.
(e) Information on Direct and Indirect Remuneration
Required To Be Included in Bid.--Section 1860D-11(b) of the
Social Security Act (42 U.S.C. 1395w-111(b)) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``With respect to actual amounts of direct and
indirect remuneration submitted pursuant to clause (v) of
paragraph (2), such amounts shall be consistent with data
reported to the Secretary in a prior year.''; and
(2) in paragraph (2)(C)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting the following: ``, and, with respect to plan year
2024 and subsequent plan years, actual and projected
administrative expenses assumed in the bid, categorized by
the type of such expense, including actual and projected
price concessions retained by a pharmacy benefit manager;
and''; and
(C) by adding at the end the following new clause:
``(v) with respect to plan year 2024 and subsequent plan
years, actual and projected direct and indirect remuneration,
categorized as received from each of the following:
``(I) A pharmacy.
``(II) A manufacturer.
``(III) A pharmacy benefit manager.
``(IV) Other entities, as determined by the Secretary.''.
SEC. 14103. PUBLIC DISCLOSURE OF DIRECT AND INDIRECT
REMUNERATION REVIEW AND AUDIT RESULTS.
Section 1860D-42 of the Social Security Act (42 U.S.C.
1395w-152) is amended by adding at the end the following new
subsection:
``(e) Public Disclosure of Direct and Indirect Remuneration
Review and Financial Audit Results.--
``(1) Direct and indirect remuneration review results.--
``(A) In general.--Except as provided in subparagraph (B),
in 2023 and each subsequent year, the Secretary shall make
available to the public on the Internet website of the
Centers for Medicare & Medicaid Services information on
discrepancies related to summary and detailed direct and
indirect remuneration reports submitted by PDP sponsors
pursuant to section 1860D-15 across all prescription drug
plans based on the most recent data available. Information
made available under this subparagraph shall include the
following:
``(i) The number of potential discrepancies in summary and
detailed direct and indirect remuneration identified by the
Secretary for PDP sponsors to review.
``(ii) The extent to which PDP sponsors resubmitted summary
direct and indirect remuneration reports to make changes for
previous contract years.
``(iii) The extent to which resubmitted summary direct and
indirect remuneration reports resulted in an increase or
decrease in direct and indirect remuneration in a previous
contract year.
``(B) Exclusion of certain submissions in calculation.--The
Secretary shall exclude any information in direct and
indirect remuneration reports submitted with respect to PACE
programs under section 1894 (pursuant to section 1860D-21(f))
and qualified retiree prescription drug plans (as defined in
section 1860D-22(a)(2)) from the information that is made
available to the public under subparagraph (A).
``(2) Financial audit results.--In 2023 and each subsequent
year, the Secretary shall make available to the public on the
Internet website of the Centers for Medicare & Medicaid
Services data on the results of financial audits required
under section 1860D-12(b)(3)(C). Information made available
under this paragraph shall include the following:
``(A) With respect to a year, the number of PDP sponsors
that received each of the following (or successor
categories), with an indication of the number that pertain to
direct and indirect remuneration:
``(i) A notice of observations or findings.
``(ii) An unqualified audit opinion that renders the audit
closed.
``(iii) A qualified audit opinion that requires the sponsor
to submit a corrective action plan to the Secretary.
[[Page S4365]]
``(iv) An adverse opinion, with a description of the types
of actions that the Secretary takes when issuing an adverse
opinion.
``(v) A disclaimed opinion.
``(B) With respect to a year, the number of PDP sponsors--
``(i) that reopened a previously closed reconciliation as a
result of an audit, indicating those that pertain to direct
and indirect remuneration changes; and
``(ii) for which the Secretary recouped a payment or made a
payment as a result of a reopening of a previously closed
reconciliation, indicating when such recoupment or payment
pertains to direct and indirect remuneration.
``(3) No identification of specific pdp sponsors.--The
information to be made available on the Internet website of
the Centers for Medicare & Medicaid Services described in
paragraph (1) and paragraph (2) shall not identity the
specific PDP sponsor to which any determination or action
pertains.
``(4) Definition of direct and indirect remuneration.--For
purposes of this subsection, the term `direct and indirect
remuneration' means direct and indirect remuneration as
described in section 423.308 of title 42, Code of Federal
Regulations, or any successor regulation.''.
SEC. 14104. IMPROVEMENTS TO PROVISION OF PARTS A AND B CLAIMS
DATA TO PRESCRIPTION DRUG PLANS.
(a) Data Use.--
(1) In general.--Paragraph (6) of section 1860D-4(c) of the
Social Security Act (42 U.S.C. 1395w-104(c)), as added by
section 50354 of division E of the Bipartisan Budget Act of
2018 (Public Law 115-123), relating to providing prescription
drug plans with parts A and B claims data to promote the
appropriate use of medications and improve health outcomes,
is amended--
(A) in subparagraph (B)--
(i) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively, and moving
such subclauses 2 ems to the right;
(ii) by striking ``Purposes.--A PDP sponsor'' and inserting
Purposes--
``(i) In general.--A PDP sponsor.''; and
(iii) by adding at the end the following new clause:
``(ii) Clarification.--The limitation on data use under
subparagraph (C)(i) shall not apply to the extent that the
PDP sponsor is using the data provided to carry out any of
the purposes described in clause (i).''; and
(B) in subparagraph (C)(i), by striking ``To inform'' and
inserting ``Subject to subparagraph (B)(ii), to inform''.
(2) Effective date.--The amendments made by this subsection
shall apply to plan years beginning on or after January 1,
2024.
(b) Manner of Provision.--Subparagraph (D) of such
paragraph (6) is amended--
(1) by striking ``described.--The data described in this
clause'' and inserting ``described.--
``(i) In general.--The data described in this
subparagraph''; and
(2) by adding at the end the following new clause:
``(ii) Manner of provision.--
``(I) In general.--Such data may be provided pursuant to
this paragraph in the same manner as data under the Part D
Enhanced Medication Therapy Management model tested under
section 1115A, through Application Programming Interface, or
in another manner as determined by the Secretary.
``(II) Implementation.--Notwithstanding any other provision
of law, the Secretary may implement this clause by program
instruction or otherwise.''.
(c) Technical Correction.--Such paragraph (6) is
redesignated as paragraph (7).
SEC. 14105. PROHIBITING BRANDING ON PART D BENEFIT CARDS.
(a) In General.--Section 1851(j)(2)(B) of the Social
Security Act (42 U.S.C. 1395w-21(j)(2)(B)) is amended by
striking ``co-branded network provider'' and inserting ``co-
branded, co-owned, or affiliated network provider, pharmacy,
or pharmacy benefit manager''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to plan years beginning on or after January 1,
2024.
SEC. 14106. REQUIRING PRESCRIPTION DRUG PLANS AND MA-PD PLANS
TO REPORT POTENTIAL FRAUD, WASTE, AND ABUSE TO
THE SECRETARY OF HHS.
Section 1860D-4 of the Social Security Act (42 U.S.C.
1395w-104) is amended by adding at the end the following new
subsection:
``(p) Reporting Potential Fraud, Waste, and Abuse.--
Beginning January 1, 2023, the PDP sponsor of a prescription
drug plan shall report to the Secretary, as specified by the
Secretary--
``(1) any substantiated or suspicious activities (as
defined by the Secretary) with respect to the program under
this part as it relates to fraud, waste, and abuse; and
``(2) any steps made by the PDP sponsor after identifying
such activities to take corrective actions.''.
SEC. 14107. ESTABLISHMENT OF PHARMACY QUALITY MEASURES UNDER
MEDICARE PART D.
Section 1860D-4(c) of the Social Security Act (42 U.S.C.
1395w-104(c)), as amended by this Act, is amended by adding
at the end the following new paragraph:
``(8) Application of pharmacy quality measures.--
``(A) In general.--A PDP sponsor that makes incentive
payments to a pharmacy or receives price concessions paid by
a pharmacy based on quality measures shall, for the purposes
of such incentive payments or price concessions with respect
to covered part D drugs dispensed by such pharmacy, only use
measures--
``(i) established or adopted by the Secretary under
subparagraph (B), as listed under clause (ii) of such
subparagraph; and
``(ii) that are relevant to the performance of such
pharmacy with respect to areas that the pharmacy can impact.
``(B) Standard pharmacy quality measures.--
``(i) In general.--Notwithstanding any other provision of
law, the Secretary shall establish or adopt quality measures
from one or more multi-stakeholder, consensus organizations
to be used by a PDP sponsor for the purposes of determining
incentive payments and price concessions described in
subparagraph (A). Such measures shall be evidence-based and
focus on pharmacy performance on patient health outcomes and
other areas, as determined by the Secretary, that the
pharmacy can impact.
``(ii) Maintenance of list.--The Secretary shall maintain a
single list of measures established or adopted under this
subparagraph.
``(C) Effective date.--The requirement under subparagraph
(A) shall take effect for plan years beginning on January 1,
2024, or such earlier date specified by the Secretary if the
Secretary determines there are sufficient measures
established or adopted under subparagraph (B) for the
purposes of the requirement under subparagraph (A).''.
SEC. 14108. ADDITION OF NEW MEASURES BASED ON ACCESS TO
BIOSIMILAR BIOLOGICAL PRODUCTS TO THE 5-STAR
RATING SYSTEM UNDER MEDICARE ADVANTAGE.
(a) In General.--Section 1853(o)(4) of the Social Security
Act (42 U.S.C. 1395w-23(o)(4)) is amended by adding at the
end the following new subparagraph:
``(E) Addition of new measures based on access to
biosimilar biological products.--
``(i) In general.--For 2028 and subsequent years, the
Secretary shall add a new set of measures to the 5-star
rating system based on access to biosimilar biological
products covered under part B and, in the case of MA-PD
plans, such products that are covered part D drugs. Such
measures shall assess the impact a plan's benefit structure
may have on enrollees' utilization of or ability to access
biosimilar biological products, including in comparison to
the reference biological product, and shall include measures,
as applicable, with respect to the following:
``(I) Coverage.--Assessing whether a biosimilar biological
product is on the plan formulary in lieu of or in addition to
the reference biological product.
``(II) Preferencing.--Assessing tier placement or cost-
sharing for a biosimilar biological product relative to the
reference biological product.
``(III) Utilization management tools.--Assessing whether
and how utilization management tools are used with respect to
a biosimilar biological product relative to the reference
biological product.
``(IV) Utilization.--Assessing the percentage of enrollees
prescribed the biosimilar biological product and the
percentage of enrollees prescribed the reference biological
product when the reference biological product is also on the
plan formulary.
``(ii) Definitions.--In this subparagraph, the terms
`biosimilar biological product' and `reference biological
product' have the meaning given those terms in section
1847A(c)(6).
``(iii) Protecting patient interests.--In developing such
measures, the Secretary shall ensure that each measure
developed to address coverage, preferencing, or utilization
management is constructed such that patients retain access to
appropriate therapeutic options without undue administrative
burden.''.
(b) Clarification Regarding Application to Prescription
Drug Plans.--To the extent the Secretary of Health and Human
Services applies the 5-star rating system under section
1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-
23(o)(4)), or a similar system, to prescription drug plans
under part D of title XVIII of such Act, the provisions of
subparagraph (E) of such section, as added by subsection (a)
of this section, shall apply under the system with respect to
such plans in the same manner as such provisions apply to the
5-star rating system under such section 1853(o)(4).
SEC. 14109. FAIRNESS IN THE CALCULATION OF THE PART D
PREMIUM.
(a) In General.--Section 1860D-13(a) of the Social Security
Act (42 U.S.C. 1395w-113(a)) is amended--
(1) in paragraph (3)(A), by striking ``25.5 percent'' and
inserting ``the applicable percent (as specified in paragraph
(8))''; and
(2) by adding at the end the following new paragraph:
``(8) Applicable percent.--For purposes of paragraph
(3)(A), the applicable percent specified in this paragraph
is--
``(A) for years prior to 2024, 25.5 percent; and
``(B) for 2024 and subsequent years, 24.5 percent.''.
(b) Conforming Amendments.--
(1) Subsidy.--Section 1860D-15(a) of the Social Security
Act (42 U.S.C. 1395w-115(a)) is
[[Page S4366]]
amended, in the matter preceding paragraph (1), by inserting
``(or, for 2022 and subsequent years, 75.5 percent)'' after
``74.5 percent''.
(2) Fallback area monthly beneficiary premium.--Section
1860D-11(g)(6) of the Social Security Act (42 U.S.C. 1395w-
111(g)(6)) is amended by striking ``25.5 percent'' and
inserting ``the applicable percent (as specified in section
1860D-13(a)(8))''.
(3) Income-related monthly adjustment amount (irmaa).--
Section 1860D-13(a)(7)(B)(i)(II) of the Social Security Act
(42 U.S.C. 1395w-113(a)(7)(B)(i)(II)) is amended by striking
``25.5 percent'' and inserting ``the applicable percent (as
specified in paragraph (8))''.
SEC. 14110. HHS STUDY AND REPORT ON THE INFLUENCE OF
PHARMACEUTICAL MANUFACTURER THIRD-PARTY
REIMBURSEMENT HUBS ON HEALTH CARE PROVIDERS WHO
PRESCRIBE THEIR DRUGS AND BIOLOGICALS.
(a) Study.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
conduct a study on the influence of pharmaceutical
manufacturer distribution models that provide third-party
reimbursement hub services on health care providers who
prescribe the manufacturer's drugs and biologicals, including
for Medicare part D beneficiaries.
(2) Requirements.--The study under paragraph (1) shall
include an analysis of the following:
(A) The influence of pharmaceutical manufacturer
distribution models that provide third-party reimbursement
hub services to health care providers who prescribe the
manufacturer's drugs and biologicals, including--
(i) the operations of pharmaceutical manufacturer
distribution models that provide reimbursement hub services
for health care providers who prescribe the manufacturer's
products;
(ii) Federal laws affecting these pharmaceutical
manufacturer distribution models; and
(iii) whether hub services could improperly incentivize
health care providers to deem a drug or biological as
medically necessary under section 423.578 of title 42, Code
of Federal Regulations.
(B) Other areas determined appropriate by the Secretary.
(b) Report.--Not later than July 1, 2024, the Secretary
shall submit to Congress a report on the study conducted
under subsection (a), together with recommendations for such
legislation and administrative action as the Secretary
determines appropriate.
(c) Consultation.--In conducting the study under subsection
(a) and preparing the report under subsection (b), the
Secretary shall consult with the Attorney General.
Subpart C--Miscellaneous
SEC. 14201. DRUG MANUFACTURER PRICE TRANSPARENCY.
Title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by inserting after section 1128K the
following new section:
``SEC. 1128L. DRUG MANUFACTURER PRICE TRANSPARENCY.
``(a) In General.--
``(1) Determinations.--Beginning July 1, 2024, the
Secretary shall make determinations as to whether a drug is
an applicable drug as described in subsection (b).
``(2) Required justification.--If the Secretary determines
under paragraph (1) that an applicable drug is described in
subsection (b), the manufacturer of the applicable drug shall
submit to the Secretary the justification described in
subsection (c) in accordance with the timing described in
subsection (d).
``(b) Applicable Drug Described.--
``(1) In general.--An applicable drug is described in this
subsection if it meets any of the following at the time of
the determination:
``(A) Large increase.--The drug (per dose)--
``(i) has a wholesale acquisition cost of at least $10; and
``(ii) had an increase in the wholesale acquisition cost,
with respect to determinations made--
``(I) during 2022, of at least 100 percent since the date
of the enactment of this section;
``(II) during 2023, of at least 100 percent in the
preceding 12 months or of at least 150 percent in the
preceding 24 months;
``(III) during 2024, of at least 100 percent in the
preceding 12 months or of at least 200 percent in the
preceding 36 months;
``(IV) during 2025, of at least 100 percent in the
preceding 12 months or of at least 250 percent in the
preceding 48 months; or
``(V) on or after January 1, 2026, of at least 100 percent
in the preceding 12 months or of at least 300 percent in the
preceding 60 months.
``(B) High spending with increase.--The drug--
``(i) was in the top 50th percentile of net spending under
title XVIII or XIX (to the extent data is available) during
any 12-month period in the preceding 60 months; and
``(ii) per dose, had an increase in the wholesale
acquisition cost, with respect to determinations made--
``(I) during 2022, of at least 15 percent since the date of
the enactment of this section;
``(II) during 2023, of at least 15 percent in the preceding
12 months or of at least 20 percent in the preceding 24
months;
``(III) during 2024, of at least 15 percent in the
preceding 12 months or of at least 30 percent in the
preceding 36 months;
``(IV) during 2025, of at least 15 percent in the preceding
12 months or of at least 40 percent in the preceding 48
months; or
``(V) on or after January 1, 2026, of at least 15 percent
in the preceding 12 months or of at least 50 percent in the
preceding 60 months.
``(C) High launch price for new drugs.--In the case of a
drug that is marketed for the first time on or after January
1, 2022, and for which the manufacturer has established the
first wholesale acquisition cost on or after such date, such
wholesale acquisition cost for a year's supply or a course of
treatment for such drug exceeds the gross spending for
covered part D drugs at which the annual out-of-pocket
threshold under section 1860D-2(b)(4)(B) would be met for the
year.
``(2) Special rules.--
``(A) Authority of secretary to substitute percentages
within a de minimis range.--For purposes of applying
paragraph (1), the Secretary may substitute for each
percentage described in subparagraph (A) or (B) of such
paragraph (other than the percentile described subparagraph
(B)(i) of such paragraph) a percentage within a de minimis
range specified by the Secretary below the percentage so
described.
``(B) Drugs with high launch prices annually report until a
therapeutic equivalent is available.--In the case of a drug
that the Secretary determines is an applicable drug described
in subparagraph (C) of paragraph (1), such drug shall remain
described in such subparagraph (C) (and the manufacturer of
such drug shall annually report the justification under
subsection (c)(2)) until the Secretary determines that there
is a therapeutic equivalent (as defined in section 314.3 of
title 21, Code of Federal Regulations, or any successor
regulation) for such drug.
``(3) Dose.--For purposes of applying paragraph (1), the
Secretary shall establish a definition of the term `dose'.
``(c) Justification Described.--
``(1) Increase in wac.--In the case of a drug that the
Secretary determines is an applicable drug described in
subparagraph (A) or (B) of subsection (b)(1), the
justification described in this subsection is all relevant,
truthful, and nonmisleading information and supporting
documentation necessary to justify the increase in the
wholesale acquisition cost of the applicable drug of the
manufacturer, as determined appropriate by the Secretary and
which may include the following:
``(A) The individual factors that have contributed to the
increase in the wholesale acquisition cost.
``(B) An explanation of the role of each factor in
contributing to such increase.
``(C) Total expenditures of the manufacturer on--
``(i) materials and manufacturing for such drug;
``(ii) acquiring patents and licensing for each drug of the
manufacturer; and
``(iii) costs to purchase or acquire the drug from another
company, if applicable.
``(D) The percentage of total expenditures of the
manufacturer on research and development for such drug that
was derived from Federal funds.
``(E) The total expenditures of the manufacturer on
research and development for such drug.
``(F) The total revenue and net profit generated from the
applicable drug for each calendar year since drug approval.
``(G) The total expenditures of the manufacturer that are
associated with marketing and advertising for the applicable
drug.
``(H) Additional information specific to the manufacturer
of the applicable drug, such as--
``(i) the total revenue and net profit of the manufacturer
for the period of such increase, as determined by the
Secretary;
``(ii) metrics used to determine executive compensation;
``(iii) any additional information related to drug pricing
decisions of the manufacturer, such as total expenditures
on--
``(I) drug research and development; or
``(II) clinical trials on drugs that failed to receive
approval by the Food and Drug Administration.
``(2) High launch price.--In the case of a drug that the
Secretary determines is an applicable drug described in
subparagraph (C) of subsection (b)(1), the justification
described in this subsection is all relevant, truthful, and
nonmisleading information and supporting documentation
necessary to justify the wholesale acquisition cost of the
applicable drug of the manufacturer, as determined by the
Secretary and which may include the items described in
subparagraph (C) through (H) of paragraph (1).
``(d) Timing.--
``(1) Notification.--Not later than 60 days after the date
on which the Secretary makes the determination that a drug is
an applicable drug under subsection (b), the Secretary shall
notify the manufacturer of the applicable drug of such
determination.
``(2) Submission of justification.--Not later than 180 days
after the date on which a manufacturer receives a
notification under paragraph (1), the manufacturer shall
submit to the Secretary the justification required under
subsection (a).
``(3) Posting on internet website.--
``(A) In general.--Subject to subparagraph (B), not later
than 30 days after receiving the justification under
paragraph (2), the Secretary shall post on the Internet
website of
[[Page S4367]]
the Centers for Medicare & Medicaid Services the
justification, together with a summary of such justification
that is written and formatted using language that is easily
understandable by beneficiaries under titles XVIII and XIX.
``(B) Exclusion of proprietary information.--The Secretary
shall exclude proprietary information, such as trade secrets
and intellectual property, submitted by the manufacturer in
the justification under paragraph (2) from the posting
described in subparagraph (A).
``(e) Exception to Requirement for Submission.--In the case
of a drug that the Secretary determines is an applicable drug
described in subparagraph (A) or (B) of subsection (b)(1),
the requirement to submit a justification under subsection
(a) shall not apply where the manufacturer, after receiving
the notification under subsection (d)(1) with respect to the
applicable drug of the manufacturer, reduces the wholesale
acquisition cost of a drug so that it no longer is described
in such subparagraph (A) or (B) for at least a 4-month
period, as determined by the Secretary.
``(f) Penalties.--
``(1) Failure to submit timely justification.--If the
Secretary determines that a manufacturer has failed to submit
a justification as required under this section, including in
accordance with the timing and form required, with respect to
an applicable drug, the Secretary shall apply a civil
monetary penalty in an amount of $10,000 for each day the
manufacturer has failed to submit such justification as so
required.
``(2) False information.--Any manufacturer that submits a
justification under this section and knowingly provides false
information in such justification is subject to a civil
monetary penalty in an amount not to exceed $100,000 for each
item of false information.
``(3) Application of procedures.--The provisions of section
1128A (other than subsections (a) and (b)) shall apply to a
civil monetary penalty under this subsection in the same
manner as such provisions apply to a penalty or proceeding
under section 1128A(a). Civil monetary penalties imposed
under this subsection are in addition to other penalties as
may be prescribed by law.
``(g) Definitions.--In this section:
``(1) Drug.--The term `drug' means a drug, as defined in
section 201(g) of the Federal Food, Drug, and Cosmetic Act,
that is intended for human use and subject to section
503(b)(1) of such Act, including a product licensed under
section 351 of the Public health Service Act.
``(2) Manufacturer.--The term `manufacturer' has the
meaning given that term in section 1847A(c)(6)(A).
``(3) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given that term in section
1847A(c)(6)(B).''.
SEC. 14202. STRENGTHENING AND EXPANDING PHARMACY BENEFIT
MANAGERS TRANSPARENCY REQUIREMENTS.
Section 1150A of the Social Security Act (42 U.S.C. 1320b-
23), as amended by this Act, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the comma at the end and
inserting ``; or''; and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) a State plan under title XIX, including a managed
care entity (as defined in section 1932(a)(1)(B)),'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``(excluding bona fide'' and all that
follows through ``patient education programs))''; and
(ii) by striking ``aggregate amount of'' and inserting
``aggregate amount and percentage of'';
(B) in paragraph (3), by striking ``aggregate amount of''
and inserting ``aggregate amount and percentage (defined as a
share of gross drug costs) of''; and
(C) by adding at the end the following new paragraph:
``(4) The aggregate amount of bona fide service fees (which
include distribution service fees, inventory management fees,
product stocking allowances, and fees associated with
administrative services agreements and patient care programs
(such as medication compliance programs and patient education
programs)) the PBM received from--
``(A) PDP sponsors;
``(B) qualified health benefit plans;
``(C) managed care entities (as defined in section
1932(a)(1)(b)); and
``(D) drug manufacturers.'';
(3) in subsection (c), by adding at the end the following
new paragraphs:
``(5) To States to carry out their administration and
oversight of the State plan under title XIX.
``(6) To the Federal Trade Commission to carry out section
5(a) of the Federal Trade Commission Act (15 U.S.C. 45a) and
any other relevant consumer protection or antitrust
authorities enforced by such Commission, including reviewing
proposed mergers in the prescription drug sector.
``(7) To assist the Department of Justice to carry out its
antitrust authorities, including reviewing proposed mergers
in the prescription drug sector.''; and
(4) by adding at the end the following new subsection:
``(f) Annual OIG Evaluation and Report.--
``(1) Analysis.--The Inspector General of the Department of
Health and Human Services shall conduct an annual evaluation
of the information provided to the Secretary under this
section. Such evaluation shall include an analysis of--
``(A) PBM rebates;
``(B) administrative fees;
``(C) the difference between what plans pay PBMs and what
PBMs pay pharmacies;
``(D) generic dispensing rates; and
``(E) other areas determined appropriate by the Inspector
General.
``(2) Report.--Not later than July 1, 2023, and annually
thereafter, the Inspector General of the Department of Health
and Human Services shall submit to Congress a report
containing the results of the evaluation conducted under
paragraph (1), together with recommendations for such
legislation and administrative action as the Inspector
General determines appropriate. Such report shall not
disclose the identity of a specific PBM, plan, or price
charged for a drug.''.
SEC. 14203. PRESCRIPTION DRUG PRICING DASHBOARDS.
Part A of title XI of the Social Security Act is amended by
adding at the end the following new section:
``SEC. 1150D. PRESCRIPTION DRUG PRICING DASHBOARDS.
``(a) In General.--Beginning not later than January 1,
2023, the Secretary shall establish, and annually update,
internet website-based dashboards, through which
beneficiaries, clinicians, researchers, and the public can
review information on spending for, and utilization of,
prescription drugs and biologicals (and related supplies and
mechanisms of delivery) covered under each of parts B and D
of title XVIII and under a State program under title XIX,
including information on trends of such spending and
utilization over time.
``(b) Medicare Part B Drug and Biological Dashboard.--
``(1) In general.--The dashboard established under
subsection (a) for part B of title XVIII shall provide the
information described in paragraph (2).
``(2) Information described.--The information described in
this paragraph is the following information with respect to
drug or biologicals covered under such part B:
``(A) The brand name and, if applicable, the generic names
of the drug or biological.
``(B) Consumer-friendly information on the uses and
clinical indications of the drug or biological.
``(C) The manufacturer or labeler of the drug or
biological.
``(D) To the extent feasible, the following information:
``(i) Average total spending per dosage unit of the drug or
biological in the most recent 2 calendar years for which data
is available.
``(ii) The percentage change in average spending on the
drug or biological per dosage unit between the most recent
calendar year for which data is available and--
``(I) the preceding calendar year; and
``(II) the preceding 5 and 10 calendar years.
``(iii) The annual growth rate in average spending per
dosage unit of the drug or biological in the most recent 5 or
10 calendar years for which data is available.
``(iv) Total spending for the drug or biological for the
most recent calendar year for which data is available.
``(v) The number of beneficiaries receiving the drug or
biological in the most recent calendar year for which data is
available.
``(vi) Average spending on the drug per beneficiary for the
most recent calendar year for which data is available.
``(E) The average sales price of the drug or biological (as
determined under section 1847A) for the most recent quarter.
``(F) Consumer-friendly information about the coinsurance
amount for the drug or biological for beneficiaries for the
most recent quarter. Such information shall not include
coinsurance amounts for qualified medicare beneficiaries (as
defined in section 1905(p)(1)).
``(G) For the most recent calendar year for which data is
available--
``(i) the 15 drugs and biologicals with the highest total
spending under such part; and
``(ii) any drug or biological for which the average annual
per beneficiary spending exceeds the gross spending for
covered part D drugs at which the annual out-of-pocket
threshold under section 1860D-2(b)(4)(B) would be met for the
year.
``(H) Other information (not otherwise prohibited in law
from being disclosed) that the Secretary determines would
provide beneficiaries, clinicians, researchers, and the
public with helpful information about drug and biological
spending and utilization (including trends of such spending
and utilization).
``(c) Medicare Covered Part D Drug Dashboard.--
``(1) In general.--The dashboard established under
subsection (a) for part D of title XVIII shall provide the
information described in paragraph (2).
``(2) Information described.--The information described in
this paragraph is the following information with respect to
covered part D drugs under such part D:
``(A) The information described in subparagraphs (A)
through (D) of subsection (b)(2).
``(B) Information on average annual beneficiary out-of-
pocket costs below and above the annual out-of-pocket
threshold under section 1860D-2(b)(4)(B) for the current plan
year. Such information shall not include
[[Page S4368]]
out-of-pocket costs for subsidy eligible individuals under
section 1860D-14.
``(C) Information on how to access resources as described
in sections 1860D-1(c) and 1851(d).
``(D) For the most recent calendar year for which data is
available--
``(i) the 15 covered part D drugs with the highest total
spending under such part; and
``(ii) any covered part D drug for which the average annual
per beneficiary spending exceeds the gross spending for
covered part D drugs at which the annual out-of-pocket
threshold under section 1860D-2(b)(4)(B) would be met for the
year.
``(E) Other information (not otherwise prohibited in law
from being disclosed) that the Secretary determines would
provide beneficiaries, clinicians, researchers, and the
public with helpful information about covered part D drug
spending and utilization (including trends of such spending
and utilization).
``(d) Medicaid Covered Outpatient Drug Dashboard.--
``(1) In general.--The dashboard established under
subsection (a) for title XIX shall provide the information
described in paragraph (2).
``(2) Information described.--The information described in
this paragraph is the following information with respect to
covered outpatient drugs under such title:
``(A) The information described in subparagraphs (A)
through (D) of subsection (b)(2).
``(B) For the most recent calendar year for which data is
available, the 15 covered outpatient drugs with the highest
total spending under such title.
``(C) Other information (not otherwise prohibited in law
from being disclosed) that the Secretary determines would
provide beneficiaries, clinicians, researchers, and the
public with helpful information about covered outpatient drug
spending and utilization (including trends of such spending
and utilization).
``(e) Data Files.--The Secretary shall make available the
underlying data for each dashboard established under
subsection (a) in a machine-readable format.''.
SEC. 14204. IMPROVING COORDINATION BETWEEN THE FOOD AND DRUG
ADMINISTRATION AND THE CENTERS FOR MEDICARE &
MEDICAID SERVICES.
(a) In General.--
(1) Public meeting.--
(A) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall convene a public meeting for the purposes of discussing
and providing input on improvements to coordination between
the Food and Drug Administration and the Centers for Medicare
& Medicaid Services in preparing for the availability of
novel medical products described in subsection (c) on the
market in the United States.
(B) Attendees.--The Secretary shall invite the following to
the public meeting:
(i) Representatives of relevant Federal agencies, including
representatives from each of the medical product centers
within the Food and Drug Administration and representatives
from the coding, coverage, and payment offices within the
Centers for Medicare & Medicaid Services.
(ii) Stakeholders with expertise in the research and
development of novel medical products, including
manufacturers of such products.
(iii) Representatives of commercial health insurance
payers.
(iv) Stakeholders with expertise in the administration and
use of novel medical products, including physicians.
(v) Stakeholders representing patients and with expertise
in the utilization of patient experience data in medical
product development.
(C) Topics.--The public meeting agenda shall include--
(i) an overview of the types of products and product
categories in the drug and medical device development
pipeline and the volume of products which may meet the
description of a novel medical product under subsection (c);
(ii) the anticipated expertise necessary to review the
safety and effectiveness of such products at the Food and
Drug Administration and current gaps in such expertise, if
any;
(iii) the expertise necessary to make coding, coverage, and
payment decisions with respect to such products within the
Centers for Medicare & Medicaid Services, and current gaps in
such expertise, if any;
(iv) trends in the differences in the data necessary to
determine the safety and effectiveness of a novel medical
product and the data necessary to determine whether a novel
medical product meets the reasonable and necessary
requirements for coverage and payment under title XVIII of
the Social Security Act pursuant to section 1862(a)(1)(A) of
such Act (42 U.S.C. 1395y(a)(1)(A));
(v) the availability of information for sponsors of such
novel medical products to meet each of those requirements;
and
(vi) the coordination of information related to significant
clinical improvement over existing therapies for patients
between the Food and Drug Administration and the Centers for
Medicare & Medicaid Services with respect to novel medical
products.
(D) Trade secrets and confidential information.--Nothing
under this section shall be construed as authorizing the
Secretary to disclose any information that is a trade secret
or confidential information subject to section 552(b)(4) of
title 5, United States Code.
(2) Improving transparency of criteria for medicare
coverage.--
(A) Draft guidance.--Not later than 18 months after the
public meeting under paragraph (1), the Secretary shall
update the final guidance titled ``National Coverage
Determinations with Data Collection as a Condition of
Coverage: Coverage with Evidence Development'' to address any
opportunities to improve the availability and coordination of
information as described in clauses (iv) through (vi) of
paragraph (1)(C).
(B) Final guidance.--Not later than 12 months after issuing
draft guidance under subparagraph (A), the Secretary shall
finalize the updated guidance to address any such
opportunities.
(b) Report on Coding, Coverage, and Payment Processes Under
Medicare for Novel Medical Products.--Not later than 12
months after the date of the enactment of this Act, the
Secretary shall publish a report on the Internet website of
the Department of Health and Human Services regarding
processes under the Medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) with respect to
the coding, coverage, and payment of novel medical products
described in subsection (c). Such report shall include the
following:
(1) A description of challenges in the coding, coverage,
and payment processes under the Medicare program for novel
medical products.
(2) Recommendations to--
(A) incorporate patient experience data (such as the impact
of a disease or condition on the lives of patients and
patient treatment preferences) into the coverage and payment
processes within the Centers for Medicare & Medicaid
Services;
(B) decrease the length of time to make national and local
coverage determinations under the Medicare program (as those
terms are defined in subparagraphs (A) and (B), respectively,
of section 1862(l)(6) of the Social Security Act (42 U.S.C.
1395y(l)(6));
(C) streamline the coverage process under the Medicare
program and incorporate input from relevant stakeholders into
such coverage determinations; and
(D) identify potential mechanisms to incorporate novel
payment designs similar to those in development in commercial
insurance plans and State plans under title XIX of such Act
(42 U.S.C. 1396 et seq.) into the Medicare program.
(c) Novel Medical Products Described.--For purposes of this
section, a novel medical product described in this subsection
is a drug, including a biological product (including gene and
cell therapy), or medical device, that has been designated as
a breakthrough therapy under section 506(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a
breakthrough device under section 515B of such Act (21 U.S.C.
360e-3), or a regenerative advanced therapy under section
506(g) of such Act (21 U.S.C. 356(g)).
SEC. 14205. PATIENT CONSULTATION IN MEDICARE NATIONAL AND
LOCAL COVERAGE DETERMINATIONS IN ORDER TO
MITIGATE BARRIERS TO INCLUSION OF SUCH
PERSPECTIVES.
Section 1862(l) of the Social Security Act (42 U.S.C.
1395y(l)) is amended by adding at the end the following new
paragraph:
``(7) Patient consultation in national and local coverage
determinations.--With respect to national coverage
determinations, the Secretary, and with respect to local
coverage determinations, the Medicare administrative
contractor, may consult with patients and organizations
representing patients, including patients with disabilities,
in making national and local coverage determinations.''.
SEC. 14206. GAO STUDY ON INCREASES TO MEDICARE AND MEDICAID
SPENDING DUE TO COPAYMENT COUPONS AND OTHER
PATIENT ASSISTANCE PROGRAMS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the impact of copayment coupons and
other patient assistance programs on prescription drug
pricing and expenditures within the Medicare and Medicaid
programs. The study shall assess the following:
(1) The extent to which copayment coupons and other patient
assistance programs contribute to inflated prescription drug
prices under such programs.
(2) The impact copayment coupons and other patient
assistance programs have in the Medicare Part D program
established under part D of title XVIII of the Social
Security Act (42 U.S.C. 1395w-101 et seq.) on utilization of
higher-cost brand drugs and lower utilization of generic
drugs in that program.
(3) The extent to which manufacturers report or obtain tax
benefits, including deductions of business expenses and
charitable contributions, for any of the following:
(A) Offering copayment coupons or other patient assistance
programs.
(B) Sponsoring manufacturer patient assistance programs.
(C) Paying for sponsorships at outreach and advocacy events
organized by patient assistance programs.
(4) The efficacy of oversight conducted to ensure that
independent charity patient assistance programs adhere to
guidance from the Office of the Inspector General of the
Department of Health and Human Services on avoiding waste,
fraud, and abuse.
(b) Definitions.--In this section:
[[Page S4369]]
(1) Independent charity patient assistance program.--The
term ``independent charity patient assistance program'' means
any organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code and which is not a private
foundation (as defined in section 509(a) of such Code) that
offers patient assistance.
(2) Manufacturer.--The term ``manufacturer'' has the
meaning given that term in section 1927(k)(5) of the Social
Security Act (42 U.S.C. 1396r-8(k)(5)).
(3) Manufacturer patient assistance program.--The term
``manufacturer patient assistance program'' means an
organization, including a private foundation (as so defined),
that is sponsored by, or receives funding from, a
manufacturer and that offers patient assistance. Such term
does not include an independent charity patient assistance
program.
(4) Patient assistance.--The term ``patient assistance''
means assistance provided to offset the cost of drugs for
individuals. Such term includes free products, coupons,
rebates, copay or discount cards, and other means of
providing assistance to individuals related to drug costs, as
determined by the Secretary of Health and Human Services.
(c) Report.--Not later than 24 months after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report describing the
findings of the study required under subsection (a).
SEC. 14207. MEDPAC REPORT ON SHIFTING COVERAGE OF CERTAIN
MEDICARE PART B DRUGS TO MEDICARE PART D.
(a) Study.--The Medicare Payment Advisory Commission (in
this section referred to as the ``Commission'') shall conduct
a study on shifting coverage of certain drugs and biologicals
for which payment is currently made under part B of title
XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) to
part D of such title (42 U.S.C. 1395w-21 et seq.). Such study
shall include an analysis of--
(1) differences in program structures and payment methods
for drugs and biologicals covered under such parts B and D,
including effects of such a shift on program spending,
beneficiary cost-sharing liability, and utilization
management techniques for such drugs and biologicals; and
(2) the feasibility and policy implications of shifting
coverage of drugs and biologicals for which payment is
currently made under such part B to such part D.
(b) Report.--
(1) In general.--Not later than June 30, 2023, the
Commission shall submit to Congress a report containing the
results of the study conducted under subsection (a).
(2) Contents.--The report under paragraph (1) shall include
information, and recommendations as the Commission deems
appropriate, regarding--
(A) formulary design under such part D;
(B) the ability of the benefit structure under such part D
to control total spending on drugs and biologicals for which
payment is currently made under such part B;
(C) changes to the bid process under such part D, if any,
that may be necessary to integrate coverage of such drugs and
biologicals into such part D; and
(D) any other changes to the program that Congress should
consider in determining whether to shift coverage of such
drugs and biologicals from such part B to such part D.
SEC. 14208. TAKING STEPS TO FULFILL TREATY OBLIGATIONS TO
TRIBAL COMMUNITIES.
(a) GAO Study.--The Comptroller General shall conduct a
study regarding access to, and the cost of, prescription
drugs among Indians. The study shall include--
(1) a review of what Indian health programs pay for
prescription drugs on reservations, in urban centers, and in
Tribal communities relative to other consumers;
(2) recommendations to align the value of prescription drug
discounts available under the Medicaid drug rebate program
established under section 1927 of the Social Security Act (42
U.S.C. 1396r-8) with prescription drug discounts available to
Tribal communities through the purchased/referred care
program of the Indian Health Service for physician
administered drugs; and
(3) an examination of how Tribal communities and urban
Indian organizations utilize the Medicare part D program
established under title XVIII of the Social Security Act (42
U.S.C. 1395w-101 et seq.) and recommendations to improve
enrollment among Indians in that program.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
conducted under subsection (a), together with recommendations
for such legislation and administrative action as the
Comptroller General determines appropriate.
(c) Definitions.--In this section:
(1) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(2) Indian; indian health program; indian tribe.--The terms
``Indian'', ``Indian health program'', and ``Indian tribe''
have the meanings given those terms in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603).
PART 2--MEDICAID DRUG PRICING REFORMS
SEC. 14301. MEDICAID PHARMACY AND THERAPEUTICS COMMITTEE
IMPROVEMENTS.
(a) In General.--Subparagraph (A) of section 1927(d)(4) of
the Social Security Act (42 U.S.C. 1396r-8(d)(4)) is amended
to read as follows:
``(A)(i) The formulary is developed and reviewed by a
pharmacy and therapeutics committee consisting of physicians,
pharmacists, and other appropriate individuals appointed by
the Governor of the State.
``(ii) Subject to clause (vi), the State establishes and
implements a conflict of interest policy for the pharmacy and
therapeutics committee that--
``(I) is publicly accessible;
``(II) requires all committee members to complete, on at
least an annual basis, a disclosure of relationships,
associations, and financial dealings that may affect their
independence of judgement in committee matters; and
``(III) contains clear processes, such as recusal from
voting or discussion, for those members who report a conflict
of interest, along with appropriate processes to address any
instance where a member fails to report a conflict of
interest.
``(iii) The membership of the pharmacy and therapeutics
committee--
``(I) is made publicly available;
``(II) is composed of members who are independent and free
of any conflict, including with respect to manufacturers,
medicaid managed care entities, and pharmacy benefit
managers; and
``(III) includes at least 1 actively practicing physician
and at least 1 actively practicing pharmacist, each of whom
has expertise in the care of 1 or more Medicaid-specific
populations such as elderly or disabled individuals, children
with complex medical needs, or low-income individuals with
chronic illnesses.
``(iv) At the option of the State, the State's drug use
review board established under subsection (g)(3) may serve as
the pharmacy and therapeutics committee provided the State
ensures that such board meets the requirements of clauses
(ii) and (iii).
``(v) The State reviews and has final approval of the
formulary established by the pharmacy and therapeutics
committee.
``(vi) If the Secretary determines it appropriate or
necessary based on the findings and recommendations of the
Comptroller General of the United States in the report
submitted to Congress under section 203 of the Prescription
Drug Pricing Reduction Act of 2022, the Secretary shall issue
guidance that States must follow for establishing conflict of
interest policies for the pharmacy and therapeutics committee
in accordance with the requirements of clause (ii), including
appropriate standards and requirements for identifying,
addressing, and reporting on conflicts of interest.''.
(b) Application to Medicaid Managed Care Organizations.--
(1) In general.--Clause (xiii) of section 1903(m)(2)(A) of
the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is
amended--
(A) by striking ``and (III)'' and inserting ``(III)'';
(B) by striking the period at the end and inserting ``, and
(IV) any formulary used by the entity for covered outpatient
drugs dispensed to individuals eligible for medical
assistance who are enrolled with the entity is developed and
reviewed by a pharmacy and therapeutics committee that meets
the requirements of clauses (ii) and (iii) of section
1927(d)(4)(A).''; and
(C) by moving the left margin 2 ems to the left.
(2) Application to pihps and pahps.--Section 1903(m) of the
Social Security Act (42 U.S.C. 1396b(m)) is amended by adding
at the end the following new paragraph:
``(10) No payment shall be made under this title to a State
with respect to expenditures incurred by the State for
payment for services provided by an other specified entity
(as defined in paragraph (9)(D)(iii)) unless such services
are provided in accordance with a contract between the State
and the entity which satisfies the requirements of paragraph
(2)(A)(xiii).''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date that is 1 year after the date
of enactment of this Act.
SEC. 14302. IMPROVING REPORTING REQUIREMENTS AND DEVELOPING
STANDARDS FOR THE USE OF DRUG USE REVIEW BOARDS
IN STATE MEDICAID PROGRAMS.
(a) In General.--Section 1927(g)(3) of the Social Security
Act (42 U.S.C. 1396r-8(g)(3)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Membership.--
``(i) In general.--The membership of the DUR Board shall
include health care professionals who have recognized
knowledge and expertise in one or more of the following:
``(I) The clinically appropriate prescribing of covered
outpatient drugs.
``(II) The clinically appropriate dispensing and monitoring
of covered outpatient drugs.
``(III) Drug use review, evaluation, and intervention.
``(IV) Medical quality assurance.
``(ii) Membership requirements.--The membership of the DUR
Board shall--
``(I) be made publicly available;
``(II) be composed of members who are independent and free
of any conflict, including with respect to manufacturers,
medicaid managed care entities, and pharmacy benefit
managers;
[[Page S4370]]
``(III) be made up of at least \1/3\ but no more than 51
percent members who are licensed and actively practicing
physicians and at least \1/3\ members who are licensed and
actively practicing pharmacists; and
``(IV) include at least 1 actively practicing physician and
at least 1 actively practicing pharmacist, each of whom has
expertise in the care of 1 or more Medicaid-specific
populations such as elderly or disabled individuals, children
with complex medical needs, or low-income individuals with
chronic illnesses.
``(iii) Conflict of interest policy.--The State shall
establish and implement a conflict of interest policy for the
DUR Board that--
``(I) is publicly accessible;
``(II) requires all board members to complete, on at least
an annual basis, a disclosure of relationships, associations,
and financial dealings that may affect their independence of
judgement in board matters; and
``(III) contains clear processes, such as recusal from
voting or discussion, for those members who report a conflict
of interest, along with appropriate processes to address any
instance where a member fails to report a conflict of
interest.''; and
(2) by adding at the end the following new subparagraph:
``(E) DUR board membership reports.--
``(i) DUR board reports.--Each State shall require the DUR
Board to prepare and submit to the State an annual report on
the DUR Board membership. Each such report shall include any
conflicts of interest with respect to members of the DUR
Board that the DUR Board recorded or was aware of during the
period that is the subject of the report, and the process
applied to address such conflicts of interest, in addition to
any other information required by the State.
``(ii) Inclusion of dur board membership information in
state reports.--Each annual State report to the Secretary
required under subparagraph (D) shall include--
``(I) the number of individuals serving on the State's DUR
Board;
``(II) the names and professions of the individuals serving
on such DUR Board;
``(III) any conflicts of interest or recusals with respect
to members of such DUR Board reported by the DUR Board or
that the State was aware of during the period that is the
subject of the report; and
``(IV) whether the State has elected for such DUR Board to
serve as the committee responsible for developing a State
formulary under subsection (d)(4)(A).''.
(b) Managed Care Requirements.--Section 1932(i) of the
Social Security Act (42 U.S.C. 1396u-2(i)) is amended--
(1) by inserting ``and each contract under a State plan
with an other specified entity (as defined in section
1903(m)(9)(D)(iii))'' after ``under section 1903(m)'';
(2) by striking ``section 483.3(s)(4)'' and inserting
``section 438.3(s)(4)'';
(3) by striking ``483.3(s)(5)'' and inserting
``438.3(s)(5)''; and
(4) by adding at the end the following: ``Such a managed
care entity or other specified entity shall not be considered
to be in compliance with the requirement of such section
438.3(s)(5) that the entity provide a detailed description of
its drug utilization review activities unless the entity
includes a description of the prospective drug review
activities described in paragraph (2)(A) of section 1927(g)
and the activities listed in paragraph (3)(C) of section
1927(g), makes the underlying drug utilization review data
available to the State and the Secretary, and provides such
other information as deemed appropriate by the Secretary.''.
(c) Development of National Standards for Medicaid Drug Use
Review.--The Secretary of Health and Human Services may
promulgate regulations or guidance establishing national
standards for Medicaid drug use review programs under section
1927(g) of the Social Security Act (42 U.S.C. 1396r-8(g)) and
drug utilization review activities and requirements under
section 1932(i) of such Act (42 U.S.C. 1396u-2(i)), for the
purpose of aligning review criteria for prospective and
retrospective drug use review across all State Medicaid
programs.
(d) CMS Guidance.--Not later than 18 months after the date
of enactment of this Act, the Secretary of Health and Human
Services shall issue guidance--
(1) outlining steps that States must take to come into
compliance with statutory and regulatory requirements for
prospective and retrospective drug use review under section
1927(g) of the Social Security Act (42 U.S.C. 1396r-8(g)) and
drug utilization review activities and requirements under
section 1932(i) of such Act (42 U.S.C. 1396u-2(i)) (including
with respect to requirements that were in effect before the
date of enactment of this Act); and
(2) describing the actions that the Secretary will take to
enforce such requirements.
(e) Effective Date.--The amendments made by this section
shall take effect on the date that is 18 months after the
date of enactment of this Act.
SEC. 14303. GAO REPORT ON CONFLICTS OF INTEREST IN STATE
MEDICAID PROGRAM DRUG USE REVIEW BOARDS AND
PHARMACY AND THERAPEUTICS (P&T) COMMITTEES.
(a) Investigation.--The Comptroller General of the United
States shall conduct an investigation of potential or
existing conflicts of interest among members of State
Medicaid program State drug use review boards (in this
section referred to as ``DUR Boards'') and pharmacy and
therapeutics committees (in this section referred to as ``P&T
Committees'').
(b) Report.--Not later than 24 months after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report on the investigation conducted under
subsection (a) that includes the following:
(1) A description outlining how DUR Boards and P&T
Committees operate in States, including details with respect
to--
(A) the structure and operation of DUR Boards and statewide
P&T Committees;
(B) States that operate separate P&T Committees for their
fee-for-service Medicaid program and their Medicaid managed
care organizations or other Medicaid managed care
arrangements (including other specified entities (as defined
in section 1903(m)(9)(D)(iii) of the Social Security Act (42
U.S.C. 1396b(m)(9)(D)(iii)) and collectively referred to in
this section as ``Medicaid MCOs''); and
(C) States that allow Medicaid MCOs to have their own P&T
Committees and the extent to which pharmacy benefit managers
administer or participate in such P&T Committees.
(2) A description outlining the differences between DUR
Boards established in accordance with section 1927(g)(3) of
the Social Security Act (42 U.S.C. 1396r(g)(3)) and P&T
Committees.
(3) A description outlining the tools P&T Committees may
use to determine Medicaid drug coverage and utilization
management policies.
(4) An analysis of whether and how States or P&T Committees
establish participation and independence requirements for DUR
Boards and P&T Committees, including with respect to entities
with connections with drug manufacturers, State Medicaid
programs, managed care organizations, and other entities or
individuals in the pharmaceutical industry.
(5) A description outlining how States, DUR Boards, or P&T
Committees define conflicts of interest.
(6) A description of how DUR Boards and P&T Committees
address conflicts of interest, including who is responsible
for implementing such policies.
(7) A description of the tools, if any, States use to
ensure that there are no conflicts of interest on DUR Boards
and P&T Committees.
(8) An analysis of the effectiveness of tools States use to
ensure that there are no conflicts of interest on DUR Boards
and P&T Committees and, if applicable, recommendations as to
how such tools could be improved.
(9) A review of strategies States may use to guard against
conflicts of interest on DUR Boards and P&T Committees and to
ensure compliance with the requirements of titles XI and XIX
of the Social Security Act (42 U.S.C. 1301 et seq., 1396 et
seq.) and access to effective, clinically appropriate, and
medically necessary drug treatments for Medicaid
beneficiaries, including recommendations for such legislative
and administrative actions as the Comptroller General
determines appropriate.
SEC. 14304. ENSURING THE ACCURACY OF MANUFACTURER PRICE AND
DRUG PRODUCT INFORMATION UNDER THE MEDICAID
DRUG REBATE PROGRAM.
(a) Audit of Manufacturer Price and Drug Product
Information.--
(1) In general.--Subparagraph (B) of section 1927(b)(3) of
the Social Security Act (42 U.S.C. 1396r-8(b)(3)) is amended
to read as follows:
``(B) Audits and surveys of manufacturer price and drug
product information.--
``(i) Audits.--The Secretary shall conduct regular audits
of the price and drug product information reported by
manufacturers under subparagraph (A) for the most recently
ended rebate period to ensure the accuracy and timeliness of
such information. In conducting such audits, the Secretary
may employ evaluations, surveys, statistical sampling,
predictive analytics and other relevant tools and methods.
``(ii) Verifications surveys of average manufacturer price
and manufacturer's average sales price.--In addition to the
audits required under clause (i), the Secretary may survey
wholesalers and manufacturers (including manufacturers that
directly distribute their covered outpatient drugs (in this
subparagraph referred to as `direct sellers')), when
necessary, to verify manufacturer prices and manufacturer's
average sales prices (including wholesale acquisition cost)
to make payment reported under subparagraph (A).
``(iii) Penalties.--In addition to other penalties as may
be prescribed by law, including under subparagraph (C) of
this paragraph, the Secretary may impose a civil monetary
penalty in an amount not to exceed $185,000 on an annual
basis on a wholesaler, manufacturer, or direct seller, if the
wholesaler, manufacturer, or direct seller of a covered
outpatient drug refuses a request for information about
charges or prices by the Secretary in connection with an
audit or survey under this subparagraph or knowingly provides
false information. The provisions of section 1128A (other
than subsections (a) (with respect to amounts of penalties or
additional assessments) and (b)) shall apply to a civil money
penalty under this clause in the same manner as such
provisions apply to a penalty or proceeding under section
1128A(a).
``(iv) Reports.--
[[Page S4371]]
``(I) Report to congress.--The Secretary shall, not later
than 18 months after date of enactment of this subparagraph,
submit a report to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Finance of
the Senate regarding additional regulatory or statutory
changes that may be required in order to ensure accurate and
timely reporting and oversight of manufacturer price and drug
product information, including whether changes should be made
to reasonable assumption requirements to ensure such
assumptions are reasonable and accurate or whether another
methodology for ensuring accurate and timely reporting of
price and drug product information should be considered to
ensure the integrity of the drug rebate program under this
section.
``(II) Annual reports.--The Secretary shall, on at least an
annual basis, submit a report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Finance of the Senate summarizing the results of the audits
and surveys conducted under this subparagraph during the
period that is the subject of the report.
``(III) Content.--Each report submitted under subclause
(II) shall, with respect to the period that is the subject of
the report, include summaries of--
``(aa) error rates in the price, drug product, and other
relevant information supplied by manufacturers under
subparagraph (A);
``(bb) the timeliness with which manufacturers,
wholesalers, and direct sellers provide information required
under subparagraph (A) or under clause (i) or (ii) of this
subparagraph;
``(cc) the number of manufacturers, wholesalers, and direct
sellers and drug products audited under this subparagraph;
``(dd) the types of price and drug product information
reviewed under the audits conducted under this subparagraph;
``(ee) the tools and methodologies employed in such audits;
``(ff) the findings of such audits, including which
manufacturers, if any, were penalized under this
subparagraph; and
``(gg) such other relevant information as the Secretary
shall deem appropriate.
``(IV) Protection of information.--In preparing a report
required under subclause (II), the Secretary shall redact
such proprietary information as the Secretary determines
appropriate to prevent disclosure of, and to safeguard, such
information.
``(v) Appropriations.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the
Secretary $2,000,000 for fiscal year 2022 and each fiscal
year thereafter to carry out this subparagraph.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first fiscal
quarter that begins after the date of enactment of this Act.
(b) Increased Penalties for Noncompliance With Reporting
Requirements.--
(1) Increased penalty for failure to provide timely
information.--Section 1927(b)(3)(C)(i) of the Social Security
Act (42 U.S.C. 1396r-8(b)(3)(C)(i)) is amended by striking
``increased by $10,000 for each day in which such information
has not been provided and such amount shall be paid to the
Treasury'' and inserting ``, for each covered outpatient drug
with respect to which such information is not provided,
$50,000 for the first day that such information is not
provided on a timely basis and $19,000 for each subsequent
day that such information is not provided (with such amounts
being paid to the Treasury),''.
(2) Increased penalty for knowingly reporting false
information.--Section 1927(b)(3)(C)(ii) of the Social
Security Act (42 U.S.C. 1396r-8(b)(3)(C)(ii)) is amended by
striking ``$100,000'' and inserting ``$500,000''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first fiscal
quarter that begins after the date of enactment of this Act.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to affect
the application of the Federal Civil Penalties Inflation
Adjustment Act of 1990 (28 U.S.C. 2461 note) to any civil
penalty amount under section 1927 of the Social Security Act
(42 U.S.C. 1396r-8).
SEC. 14305. APPLYING MEDICAID DRUG REBATE REQUIREMENT TO
DRUGS PROVIDED AS PART OF OUTPATIENT HOSPITAL
SERVICES.
(a) In General.--Section 1927(k)(3) of the Social Security
Act (42 U.S.C. 1396r-8(k)(3)) is amended to read as follows:
``(3) Limiting definition.--
``(A) In general.--The term `covered outpatient drug' does
not include any drug, biological product, or insulin provided
as part of, or as incident to and in the same setting as, any
of the following (and for which payment may be made under
this title as part of payment for the following and not as
direct reimbursement for the drug):
``(i) Inpatient hospital services.
``(ii) Hospice services.
``(iii) Dental services, except that drugs for which the
State plan authorizes direct reimbursement to the dispensing
dentist are covered outpatient drugs.
``(iv) Physicians' services.
``(v) Outpatient hospital services.
``(vi) Nursing facility services and services provided by
an intermediate care facility for the mentally retarded.
``(vii) Other laboratory and x-ray services.
``(viii) Renal dialysis.
``(B) Other exclusions.--Such term also does not include
any such drug or product for which a National Drug Code
number is not required by the Food and Drug Administration or
a drug or biological used for a medical indication which is
not a medically accepted indication.
``(C) State option.--At the option of a State, such term
may include any drug, biological product, or insulin provided
on an outpatient basis as part of, or as incident to and in
the same setting as, services described in clause (iv) or (v)
of subparagraph (A) (such as a drug, biological product, or
insulin being provided as part of a bundled payment).
``(D) No effect on best price.--Any drug, biological
product, or insulin excluded from the definition of such term
as a result of this paragraph shall be treated as a covered
outpatient drug for purposes of determining the best price
(as defined in subsection (c)(1)(C)) for such drug,
biological product, or insulin.''.
(b) Effective Date; Implementation Guidance.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of
enactment of this Act.
(2) Implementation and guidance.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Health and Human Services shall issue guidance and relevant
informational bulletins for States, manufacturers (as defined
in section 1927(k)(5) of the Social Security Act (42 U.S.C.
1396r-8(k)(5)), and other relevant stakeholders, including
health care providers, regarding implementation of the
amendment made by subsection (a).
SEC. 14306. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF
ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN
MEDICAID.
(a) Pass-Through Pricing Required.--
(1) In general.--Section 1927(e) of the Social Security Act
(42 U.S.C. 1396r-8(e)) is amended by adding at the end the
following:
``(6) Pass-through pricing required.--A contract between
the State and a pharmacy benefit manager (referred to in this
paragraph as a `PBM'), or a contract between the State and a
managed care entity or other specified entity (as such terms
are defined in section 1903(m)(9)(D)) that includes
provisions making the entity responsible for coverage of
covered outpatient drugs dispensed to individuals enrolled
with the entity, shall require that payment for such drugs
(excluding, at the option of the State, any drug that is
subject to an agreement under section 340B of the Public
Health Service Act) and related administrative services (as
applicable), including payments made by a PBM on behalf of
the State or entity, is based on a pass-through pricing model
under which--
``(A) any payment made by the entity or the PBM (as
applicable) for such a drug--
``(i) is limited to--
``(I) ingredient cost; and
``(II) a professional dispensing fee that is not less than
the professional dispensing fee that the State plan or waiver
would pay if the plan or waiver was making the payment
directly;
``(ii) is passed through in its entirety by the entity or
PBM to the pharmacy that dispenses the drug; and
``(iii) is made in a manner that is consistent with section
1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of
title 42, Code of Federal Regulations (or any successor
regulation) as if such requirements applied directly to the
entity or the PBM;
``(B) payment to the entity or the PBM (as applicable) for
administrative services performed by the entity or PBM is
limited to a reasonable administrative fee that covers the
reasonable cost of providing such services;
``(C) the entity or the PBM (as applicable) shall make
available to the State, and the Secretary upon request, all
costs and payments related to covered outpatient drugs and
accompanying administrative services incurred, received, or
made by the entity or the PBM, including ingredient costs,
professional dispensing fees, administrative fees, post-sale
and post-invoice fees, discounts, or related adjustments such
as direct and indirect remuneration fees, and any and all
other remuneration; and
``(D) any form of spread pricing whereby any amount charged
or claimed by the entity or the PBM (as applicable) is in
excess of the amount paid to the pharmacies on behalf of the
entity, including any post-sale or post-invoice fees,
discounts, effective rate contract adjustments, or related
adjustments such as direct and indirect remuneration fees or
assessments (after allowing for a reasonable administrative
fee as described in subparagraph (B)) is not allowable for
purposes of claiming Federal matching payments under this
title.''.
(2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of
such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)), as amended by
section 14301(b)(1), is amended--
(A) by striking ``and (IV)'' and inserting ``(IV)''; and
(B) by inserting before the period at the end the
following: ``, and (V) pharmacy benefit management services
provided by the entity, or provided by a pharmacy benefit
manager on behalf of the entity under a contract or other
arrangement between the entity and the pharmacy benefit
manager, shall
[[Page S4372]]
comply with the requirements of section 1927(e)(6)''.
(3) Effective date.--The amendments made by this subsection
apply to contracts between States and managed care entities,
other specified entities, or pharmacy benefits managers that
are entered into or renewed on or after the date that is 18
months after the date of enactment of this Act.
(b) Survey of Retail Prices.--
(1) In general.--Section 1927(f) of the Social Security Act
(42 U.S.C. 1396r-8(f)) is amended--
(A) by striking ``and'' after the semicolon at the end of
paragraph (1)(A)(i) and all that precedes it through ``(1)''
and inserting the following:
``(1) Survey of retail prices.--The Secretary shall conduct
a survey of retail community drug prices, to include at least
the national average drug acquisition cost, as follows:
``(A) Use of vendor.--The Secretary may contract services
for--
``(i) with respect to retail community pharmacies, the
determination on a monthly basis of retail survey prices of
the national average drug acquisition cost for covered
outpatient drugs for such pharmacies, net of all discounts
and rebates (to the extent any information with respect to
such discounts and rebates is available), the average
reimbursement received for such drugs by such pharmacies from
all sources of payment, including third parties, and, to the
extent available, the usual and customary charges to
consumers for such drugs; and'';
(B) by adding at the end of paragraph (1) the following:
``(F) Survey reporting.--In order to meet the requirement
of section 1902(a)(54), a State shall require that any retail
community pharmacy in the State that receives any payment,
administrative fee, discount, or rebate related to the
dispensing of covered outpatient drugs to individuals
receiving benefits under this title, regardless of whether
such payment, fee, discount, or rebate is received from the
State or a managed care entity directly or from a pharmacy
benefit manager or another entity that has a contract with
the State or a managed care entity or other specified entity
(as such terms are defined in section 1903(m)(9)(D)), shall
respond to surveys of retail prices conducted under this
subsection.
``(G) Survey information.--Information on retail community
prices obtained under this paragraph shall be made publicly
available and shall include at least the following:
``(i) The monthly response rate of the survey including a
list of pharmacies not in compliance with subparagraph (F).
``(ii) The sampling frame and number of pharmacies sampled
monthly.
``(iii) Characteristics of reporting pharmacies, including
type (such as independent or chain), geographic or regional
location, and dispensing volume.
``(iv) Reporting of a separate national average drug
acquisition cost for each drug for independent retail
pharmacies and chain operated pharmacies.
``(v) Information on price concessions including on and off
invoice discounts, rebates, and other price concessions.
``(vi) Information on average professional dispensing fees
paid.
``(H) Penalties.--
``(i) Failure to provide timely information.--A retail
community pharmacy that knowingly fails to respond to a
survey conducted under this subsection on a timely basis may
be subject to a civil monetary penalty in an amount not to
exceed $10,000 for each day in which such information has not
been provided.
``(ii) False information.--A retail community pharmacy that
knowingly provides false information in response to a survey
conducted under this subsection may be subject to a civil
money penalty in an amount not to exceed $100,000 for each
item of false information.
``(iii) Other penalties.--Any civil money penalties imposed
under this subparagraph shall be in addition to other
penalties as may be prescribed by law. The provisions of
section 1128A (other than subsections (a) and (b)) shall
apply to a civil money penalty under this subparagraph in the
same manner as such provisions apply to a penalty or
proceeding under section 1128A(a).
``(I) Report on specialty drugs and pharmacies.--
``(i) In general.--Not later than 18 months after the
effective date of this subparagraph, the Secretary shall
submit a report to Congress examining specialty drug coverage
and reimbursement under this title.
``(ii) Content of report.--Such report shall include a
description of how State Medicaid programs define specialty
drugs, how much State Medicaid programs pay for specialty
drugs, how States and managed care plans determine payment
for specialty drugs, the settings in which specialty drugs
are dispensed (such as retail community pharmacies or
specialty pharmacies), whether acquisition costs for
specialty drugs are captured in the national average drug
acquisition cost survey, and recommendations as to whether
specialty pharmacies should be included in the survey of
retail prices to ensure national average drug acquisition
costs capture drugs sold at specialty pharmacies and how such
specialty pharmacies should be defined.'';
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting ``, including payment
rates under Medicaid managed care plans,'' after ``under this
title''; and
(ii) in subparagraph (B), by inserting ``and the basis for
such dispensing fees'' before the semicolon; and
(D) in paragraph (4), by inserting ``, and $5,000,000 for
fiscal year 2023 and each fiscal year thereafter,'' after
``2010''.
(2) Effective date.--The amendments made by this subsection
take effect on the 1st day of the 1st quarter that begins on
or after the date that is 18 months after the date of
enactment of this Act.
(c) Manufacturer Reporting of Wholesale Acquisition Cost.--
Section 1927(b)(3) of such Act (42 U.S.C. 1396r-8(b)(3)) is
amended--
(1) in subparagraph (A)(i)--
(A) in subclause (I), by striking ``and'' after the
semicolon;
(B) in subclause (II), by adding ``and'' after the
semicolon;
(C) by moving the left margins of subclause (I) and (II) 2
ems to the right; and
(D) by adding at the end the following:
``(III) in the case of rebate periods that begin on or
after the date of enactment of this subclause, on the
wholesale acquisition cost (as defined in section
1847A(c)(6)(B)) for covered outpatient drugs for the rebate
period under the agreement (including for all such drugs that
are sold under a new drug application approved under section
505(c) of the Federal Food, Drug, and Cosmetic Act);''; and
(2) in subparagraph (D)--
(A) in the matter preceding clause (i), by inserting ``and
clause (viii) of this subparagraph'' after ``1847A'';
(B) in clause (vi), by striking ``and'' after the comma;
(C) in clause (vii), by striking the period and inserting
``, and''; and
(D) by inserting after clause (vii) the following:
``(viii) to the Secretary to disclose (through a website
accessible to the public) the most recently reported
wholesale acquisition cost (as defined in section
1847A(c)(6)(B)) for each covered outpatient drug (including
for all such drugs that are sold under a new drug application
approved under section 505(c) of the Federal Food, Drug, and
Cosmetic Act), as reported under subparagraph (A)(i)(III).''.
SEC. 14307. T-MSIS DRUG DATA ANALYTICS REPORTS.
(a) In General.--Not later than May 1 of each calendar year
beginning with calendar year 2021, the Secretary of Health
and Human Services (in this section referred to as the
``Secretary'') shall publish on a website of the Centers for
Medicare & Medicaid Services that is accessible to the public
a report of the most recently available data on patterns
related to prescriptions filled by providers and reimbursed
under the Medicaid program.
(b) Content of Report.--
(1) Required content.--Each report required under
subsection (a) for a calendar year shall include the
following information with respect to each State (and, to the
extent available, with respect to Puerto Rico, the United
States Virgin Islands, Guam, the Northern Mariana Islands,
and American Samoa):
(A) A comparison of covered outpatient drug (as defined in
section 1927(k)(2) of the Social Security Act (42 U.S.C.
1396r-8(k)(2))) prescribing patterns under the State Medicaid
plan or waiver of such plan (including drugs prescribed on a
fee-for-service basis and drugs prescribed under managed care
arrangements under such plan or waiver)--
(i) across all available forms or models of reimbursement
used under the plan or waiver;
(ii) within specialties and subspecialties, as defined by
the Secretary;
(iii) by episodes of care for--
(I) each chronic disease category, as defined by the
Secretary, that is represented in the 10 conditions that
accounted for the greatest share of total spending under the
plan or waiver during the year that is the subject of the
report;
(II) procedural groupings; and
(III) rare disease diagnosis codes (except where the
inclusion of such information would jeopardize the privacy of
an individual, as determined by the Secretary);
(iv) by patient demographic characteristics, including race
(to the extent that the Secretary determines that there is
sufficient data available with respect to such characteristic
in a majority of States and that inclusion of such
characteristic would not jeopardize the privacy of the
individual), gender, and age;
(v) by patient high-utilizer or risk status; and
(vi) by high and low resource settings by facility and
place of service categories, as determined by the Secretary.
(B) In the case of medical assistance for covered
outpatient drugs (as so defined) provided under a State
Medicaid plan or waiver of such plan in a managed care
setting, an analysis of the differences in managed care
prescribing patterns when a covered outpatient drug is
prescribed in a managed care setting as compared to when the
drug is prescribed in a fee-for-service setting.
(2) Additional content.--To the extent available, a report
required under subsection (a) for a calendar year may include
State-specific information about prescription utilization
management tools under State Medicaid plans or waivers of
such plans, including--
[[Page S4373]]
(A) a description of prescription utilization management
tools under State programs to provide long-term services and
supports under a State Medicaid plan or a waiver of such
plan;
(B) a comparison of prescription utilization management
tools applicable to populations covered under a State
Medicaid plan waiver under section 1115 of the Social
Security Act (42 U.S.C. 1315) and the models applicable to
populations that are not covered under the waiver;
(C) a comparison of the prescription utilization management
tools employed by different Medicaid managed care
organizations, pharmacy benefit managers, and related
entities within the State;
(D) a comparison of the prescription utilization management
tools applicable to each enrollment category under a State
Medicaid plan or waiver; and
(E) a comparison of the prescription utilization management
tools applicable under the State Medicaid plan or waiver by
patient high-utilizer or risk status.
(3) Additional analysis.--To the extent practicable, the
Secretary shall include in each report published under
subsection (a)--
(A) analyses of national, State, and local patterns of
Medicaid population-based prescribing behaviors (including an
analysis of the impact of non-filled prescriptions on
identifying such patterns); and
(B) recommendations for administrative or legislative
action to improve the effectiveness of, and reduce costs for,
covered outpatient drugs under Medicaid while ensuring timely
beneficiary access to medically necessary covered outpatient
drugs.
(c) Use of T-MSIS Data.--Each report required under
subsection (a) shall, to the extent practicable--
(1) be prepared using data and definitions from the
Transformed Medicaid Statistical Information System (``T-
MSIS'') data set (or a successor data set) that is not more
than 24 months old on the date that the report is published;
and
(2) as appropriate, include a description with respect to
each State of the quality and completeness of the data, as
well as any necessary caveats describing the limitations of
the data reported to the Secretary by the State that are
sufficient to communicate the appropriate uses for the
information.
(d) Preparation of Report.--Each report required under
subsection (a) shall be prepared by the Administrator for the
Centers for Medicare & Medicaid Services.
(e) Appropriation.--For fiscal year 2022 and each fiscal
year thereafter, there is appropriated to the Secretary
$2,000,000 to carry out this section.
SEC. 14308. RISK-SHARING VALUE-BASED PAYMENT AGREEMENTS FOR
COVERED OUTPATIENT DRUGS UNDER MEDICAID.
(a) In General.--Section 1927 of the Social Security Act
(42 U.S.C. 1396r-8) is amended by adding at the end the
following new subsection:
``(l) State Option To Pay for Covered Outpatient Drugs
Through Risk-Sharing Value-Based Agreements.--
``(1) In general.--Beginning January 1, 2024, a State shall
have the option to pay (whether on a fee-for-service or
managed care basis) for covered outpatient drugs that are
potentially curative treatments intended for one-time use
that are administered to individuals under this title by
entering into a risk-sharing value-based payment agreement
with the manufacturer of the drug in accordance with the
requirements of this subsection.
``(2) Secretarial approval.--
``(A) In general.--A State shall submit a request to the
Secretary to enter into a risk-sharing value-based payment
agreement, and the Secretary shall not approve a proposed
risk-sharing value-based payment agreement between a State
and a manufacturer for payment for a covered outpatient drug
of the manufacturer unless the following requirements are
met:
``(i) Manufacturer has in effect a rebate agreement and is
in compliance with all applicable requirements.--The
manufacturer has a rebate agreement in effect as required
under subsections (a) and (b) of this section and is in
compliance with all applicable requirements under this title.
``(ii) No expected increase to projected net federal
spending.--
``(I) In general.--The Chief Actuary certifies that the
projected payments for each covered outpatient drug under a
proposed risk-sharing value-based payment agreement is not
expected to result in greater estimated Federal spending
under this title than the net Federal spending that would
result in the absence of such agreement.
``(II) Net federal spending defined.--For purposes of this
subsection, the term `net Federal spending' means the amount
of Federal payments the Chief Actuary estimates would be made
under this title for administering a covered outpatient drug
to an individual eligible for medical assistance under a
State plan or a waiver of such plan, reduced by the amount of
all rebates the Chief Actuary estimates would be paid with
respect to the administering of such drug, including all
rebates under this title and any supplemental or other
additional rebates, in the absence of such an agreement.
``(III) Information.--The Chief Actuary shall make the
certifications required under this clause based on the most
recently available and reliable drug pricing and product
information. The State and manufacturer shall provide the
Secretary and the Chief Actuary with all necessary
information required to make the estimates needed for such
certifications.
``(iii) Launch and list price justifications.--The
manufacturer submits all relevant information and supporting
documentation necessary for pricing decisions as deemed
appropriate by the Secretary, which shall be truthful and
non-misleading, including manufacturer information and
supporting documentation for launch price or list price
increases, and any applicable justification required under
section 1128L.
``(iv) Confidentiality of information; penalties.--The
provisions of subparagraphs (C) and (D) of subsection (b)(3)
shall apply to a manufacturer that fails to submit the
information and documentation required under clauses (ii) and
(iii) on a timely basis, or that knowingly provides false or
misleading information, in the same manner as such provisions
apply to a manufacturer with a rebate agreement under this
section.
``(B) Consideration of state request for approval.--
``(i) In general.--The Secretary shall treat a State
request for approval of a risk-sharing value-based payment
agreement in the same manner that the Secretary treats a
State plan amendment, and subpart B of part 430 of title 42,
Code of Federal Regulations, including, subject to clause
(ii), the timing requirements of section 430.16 of such title
(as in effect on the date of enactment of this subsection),
shall apply to a request for approval of a risk-sharing
value-based payment agreement in the same manner as such
subpart applies to a State plan amendment.
``(ii) Timing.--The Secretary shall consult with the
Commissioner of Food and Drugs as required under subparagraph
(C) and make a determination on whether to approve a request
from a State for approval of a proposed risk-sharing value-
based payment agreement (or request additional information
necessary to allow the Secretary to make a determination with
respect to such request for approval) within the time period,
to the extent practicable, specified in section 430.16 of
title 42, Code of Federal Regulations (as in effect on the
date of enactment of this subsection), but in no case shall
the Secretary take more than 180 days after the receipt of
such request for approval or response to such request for
additional information to make such a determination (or
request additional information).
``(C) Consultation with the commissioner of food and
drugs.--In considering whether to approve a risk-sharing
value-based payment agreement, the Secretary, to the extent
necessary, shall consult with the Commissioner of Food and
Drugs to determine whether the relevant clinical parameters
specified in such agreement are appropriate.
``(3) Installment-based payment structure.--
``(A) In general.--A risk-sharing value-based payment
agreement shall provide for a payment structure under which,
for every installment year of the agreement (subject to
subparagraph (B)), the State shall pay the total installment
year amount in equal installments to be paid at regular
intervals over a period of time that shall be specified in
the agreement.
``(B) Requirements for installment payments.--
``(i) Timing of first payment.--The State shall make the
first of the installment payments described in subparagraph
(A) for an installment year not later than 30 days after the
end of such year.
``(ii) Length of installment period.--The period of time
over which the State shall make the installment payments
described in subparagraph (A) for an installment year shall
not be longer than 5 years.
``(iii) Nonpayment or reduced payment of installments
following a failure to meet clinical parameter.--If, prior to
the payment date (as specified in the agreement) of any
installment payment described in subparagraph (A) or any
other alternative date or time frame (as otherwise specified
in the agreement), the covered outpatient drug which is
subject to the agreement fails to meet a relevant clinical
parameter of the agreement, the agreement shall provide
that--
``(I) the installment payment shall not be made; or
``(II) the installment payment shall be reduced by a
percentage specified in the agreement that is based on the
outcome achieved by the drug relative to the relevant
clinical parameter.
``(4) Notice of intent.--
``(A) In general.--Subject to subparagraph (B), a
manufacturer of a covered outpatient drug shall not be
eligible to enter into a risk-sharing value-based payment
agreement under this subsection with respect to such drug
unless the manufacturer notifies the Secretary that the
manufacturer is interested in entering into such an agreement
with respect to such drug. The decision to submit and timing
of a request to enter into a proposed risk-sharing value-
based payment agreement shall remain solely within the
discretion of the State and shall only be effective upon
Secretarial approval as required under this subsection.
``(B) Treatment of subsequently approved drugs.--
``(i) In general.--In the case of a manufacturer of a
covered outpatient drug designated under section 526 of the
Federal Food, Drug, and Cosmetics Act, and approved under
section 505 of such Act or licensed under subsection (a) or
(k) of section 351 of the Public Health Service Act after the
[[Page S4374]]
date of enactment of this subsection, not more than 90 days
after meeting with the Food and Drug Administration following
phase II clinical trials for such drug (or, in the case of a
drug described in clause (ii), not later than March 31,
2022), the manufacturer must notify the Secretary of the
manufacturer's intent to enter into a risk-sharing value-
based payment agreement under this subsection with respect to
such drug. If no such meeting has occurred, the Secretary may
use discretion as to whether a potentially curative treatment
intended for one-time use may qualify for a risk-sharing
value-based payment agreement under this section. A
manufacturer notification of interest shall not have any
influence on a decision for drug approval by the Food and
Drug Administration.
``(ii) Application to certain subsequently approved
drugs.--A drug described in this clause is a covered
outpatient drug of a manufacturer--
``(I) that is approved under section 505 of the Federal
Food, Drug, and Cosmetic Act or licensed under section 351 of
the Public Health Service Act after the date of enactment of
this subsection; and
``(II) with respect to which, as of January 1, 2024, more
than 90 days have passed after the manufacturer's meeting
with the Food and Drug Administration following phase II
clinical trials for such drug.
``(iii) Parallel approval.--The Secretary, in coordination
with the Administrator of the Centers for Medicare & Medicaid
Services and the Commissioner of Food and Drugs, shall, to
the extent practicable, approve a State's request to enter
into a proposed risk-sharing value-based payment agreement
that otherwise meets the requirements of this subsection at
the time that such a drug is approved by the Food and Drug
Administration to help provide that no State that wishes to
enter into such an agreement is required to pay for the drug
in full at one time if the State is seeking to pay over a
period of time as outlined in the proposed agreement.
``(iv) Rule of construction.--Nothing in this paragraph
shall be applied or construed to modify or affect the
timeframes or factors involved in the Secretary's
determination of whether to approve or license a drug under
section 505 of the Federal Food, Drug, and Cosmetic Act or
section 351 of the Public Health Service Act.
``(5) Special payment rules.--
``(A) In general.--Except as otherwise provided in this
paragraph, with respect to an individual who is administered
a unit of a covered outpatient drug that is reimbursed under
a State plan by a State Medicaid agency under a risk-sharing
value-based payment agreement in an installment year, the
State shall remain liable to the manufacturer of such drug
for payment for such unit without regard to whether the
individual remains enrolled in the State plan under this
title (or a waiver of such plan) for each installment year
for which the State is to make installment payments for
covered outpatient drugs purchased under the agreement in
such year.
``(B) Death.--In the case of an individual described in
subparagraph (A) who dies during the period described in such
subparagraph, the State plan shall not be liable for any
remaining payment for the unit of the covered outpatient drug
administered to the individual which is owed under the
agreement described in such subparagraph.
``(C) Withdrawal of approval.--In the case of a covered
outpatient drug that is the subject of a risk-sharing value-
based payment agreement between a State and a manufacturer
under this subsection, including a drug approved in
accordance with section 506(c) of the Federal Food, Drug, and
Cosmetic Act, and such drug is the subject of an application
that has been withdrawn by the Secretary, the State plan
shall not be liable for any remaining payment that is owed
under the agreement.
``(D) Alternative arrangement under agreement.--Subject to
approval by the Secretary, the terms of a proposed risk-
sharing value-based payment agreement submitted for approval
by a State may provide that subparagraph (A) shall not apply.
``(E) Guidance.--Not later than January 1, 2024, the
Secretary shall issue guidance to States establishing a
process for States to notify the Secretary when an individual
who is administered a unit of a covered outpatient drug that
is purchased by a State plan under a risk-sharing value-based
payment agreement ceases to be enrolled under the State plan
under this title (or a waiver of such plan) or dies before
the end of the installment period applicable to such unit
under the agreement.
``(6) Treatment of payments under risk-sharing value-based
agreements for purposes of average manufacturer price; best
price.--The Secretary shall treat any payments made to the
manufacturer of a covered outpatient drug under a risk-
sharing value-based payment agreement under this subsection
during a rebate period in the same manner that the Secretary
treats payments made under a State supplemental rebate
agreement under sections 447.504(c)(19) and 447.505(c)(7) of
title 42, Code of Federal Regulations (or any successor
regulations) for purposes of determining average manufacturer
price and best price under this section with respect to the
covered outpatient drug and a rebate period and for purposes
of offsets required under subsection (b)(1)(B).
``(7) Assessments and report to congress.--
``(A) Assessments.--
``(i) In general.--Not later than 180 days after the end of
each assessment period of any risk-sharing value-based
payment agreement for a State approved under this subsection,
the Secretary shall conduct an evaluation of such agreement
which shall include an evaluation by the Chief Actuary to
determine whether program spending under the risk-sharing
value-based payment agreement aligned with the projections
for the agreement made under paragraph (2)(A)(ii), including
an assessment of whether actual Federal spending under this
title under the agreement was less or more than net Federal
spending would have been in the absence of the agreement.
``(ii) Assessment period.--For purposes of clause (i)--
``(I) the first assessment period for a risk-sharing value-
based payment agreement shall be the period of time over
which payments are scheduled to be made under the agreement
for the first 10 individuals who are administered covered
outpatient drugs under the agreement except that such period
shall not exceed the 5-year period after the date on which
the Secretary approves the agreement; and
``(II) each subsequent assessment period for a risk-sharing
value-based payment agreement shall be the 5-year period
following the end of the previous assessment period.
``(B) Results of assessments.--
``(i) Termination option.--If the Secretary determines as a
result of the assessment by the Chief Actuary under
subparagraph (A) that the actual Federal spending under this
title for any covered outpatient drug that was the subject of
the State's risk-sharing value-based payment agreement was
greater than the net Federal spending that would have
resulted in the absence of the agreement, the Secretary may
terminate approval of such agreement and shall immediately
conduct an assessment under this paragraph of any other
ongoing risk-sharing value-based payment agreement to which
the same manufacturer is a party.
``(ii) Repayment required.--
``(I) In general.--If the Secretary determines as a result
of the assessment by the Chief Actuary under subparagraph (A)
that the Federal spending under the risk-sharing value-based
agreement for a covered outpatient drug that was subject to
such agreement was greater than the net Federal spending that
would have resulted in the absence of the agreement, the
manufacturer shall repay the difference to the State and
Federal governments in a timely manner as determined by the
Secretary.
``(II) Termination for failure to pay.--The failure of a
manufacturer to make repayments required under subclause (I)
in a timely manner shall result in immediate termination of
all risk-sharing value-based agreements to which the
manufacturer is a party.
``(III) Additional penalties.--In the case of a
manufacturer that fails to make repayments required under
subclause (I), the Secretary may treat such manufacturer in
the same manner as a manufacturer that fails to pay required
rebates under this section, and the Secretary may--
``(aa) suspend or terminate the manufacturer's rebate
agreement under this section; and
``(bb) pursue any other remedy that would be available if
the manufacturer had failed to pay required rebates under
this section.
``(C) Report to congress.--Not later than 5 years after the
first risk-sharing value-based payment agreement is approved
under this subsection, the Secretary shall submit to Congress
and make available to the public a report that includes--
``(i) an assessment of the impact of risk-sharing value-
based payment agreements on access for individuals who are
eligible for benefits under a State plan or waiver under this
title to medically necessary covered outpatient drugs and
related treatments;
``(ii) an analysis of the impact of such agreements on
overall State and Federal spending under this title;
``(iii) an assessment of the impact of such agreements on
drug prices, including launch price and price increases; and
``(iv) such recommendations to Congress as the Secretary
deems appropriate.
``(8) Guidance and regulations.--
``(A) In general.--Not later than January 1, 2024, the
Secretary shall issue guidance to States seeking to enter
into risk-sharing value-based payment agreements under this
subsection that includes a model template for such
agreements. The Secretary may issue any additional guidance
or promulgate regulations as necessary to implement and
enforce the provisions of this subsection.
``(B) Model agreements.--
``(i) In general.--If a State expresses an interest in
pursuing a risk-sharing value-based payment agreement under
this subsection with a manufacturer for the purchase of a
covered outpatient drug, the Secretary may share with such
State any risk-sharing value-based agreement between a State
and the manufacturer for the purchase of such drug that has
been approved under this subsection. While such shared
agreement may serve as a template for a State that wishes to
propose, the use of a previously approved agreement shall not
affect the submission and approval process for approval of a
proposed risk-sharing value-based payment agreement under
this subsection, including the requirements under paragraph
(2)(A).
``(ii) Confidentiality.--In the case of a risk-sharing
value-based payment agreement that is disclosed to a State by
the Secretary
[[Page S4375]]
under this subparagraph and that is only in effect with
respect to a single State, the confidentiality of information
provisions described in subsection (b)(3)(D) shall apply to
such information.
``(C) OIG consultation.--
``(i) In general.--The Secretary shall consult with the
Office of the Inspector General of the Department of Health
and Human Services to determine whether there are potential
program integrity concerns (including issues related to
compliance with sections 1128B and 1877) with agreement
approvals or templates and address accordingly.
``(ii) OIG policy updates as necessary.--The Inspector
General of the Department of Health and Human Services shall
review and update, as necessary, any policies or guidelines
of the Office of the Inspector General of the Department of
Human Services (including policies related to the enforcement
of section 1128B) to accommodate the use of risk-sharing
value-based payment agreements in accordance with this
section.
``(9) Rules of construction.--
``(A) Modifications.--Nothing in this subsection or any
regulations promulgated under this subsection shall prohibit
a State from requesting a modification from the Secretary to
the terms of a risk-sharing value-based payment agreement. A
modification that is expected to result in any increase to
projected net State or Federal spending under the agreement
shall be subject to recertification by the Chief Actuary as
described in paragraph (2)(A)(ii) before the modification may
be approved.
``(B) Rebate agreements.--Nothing in this subsection shall
be construed as requiring a State to enter into a risk-
sharing value-based payment agreement or as limiting or
superseding the ability of a State to enter into a
supplemental rebate agreement for a covered outpatient drug.
``(C) FFP for payments under risk-sharing value-based
payment agreements.--Federal financial participation shall be
available under this title for any payment made by a State to
a manufacturer for a covered outpatient drug under a risk-
sharing value-based payment agreement in accordance with this
subsection, except that no Federal financial participation
shall be available for any payment made by a State to a
manufacturer under such an agreement on and after the
effective date of a disapproval of such agreement by the
Secretary.
``(D) Continued application of other provisions.--Except as
expressly provided in this subsection, nothing in this
subsection or in any regulations promulgated under this
subsection shall affect the application of any other
provision of this Act.
``(10) Appropriations.--For fiscal year 2022 and each
fiscal year thereafter, there are appropriated to the
Secretary $5,000,000 for the purpose of carrying out this
subsection.
``(11) Definitions.--In this subsection:
``(A) Chief actuary.--The term `Chief Actuary' means the
Chief Actuary of the Centers for Medicare & Medicaid
Services.
``(B) Installment year.--The term `installment year' means,
with respect to a risk-sharing value-based payment agreement,
a 12-month period during which a covered outpatient drug is
administered under the agreement.
``(C) Potentially curative treatment intended for one-time
use.--The term `potentially curative treatment intended for
one-time use' means a treatment that consists of the
administration of a covered outpatient drug that--
``(i) is a form of gene therapy for a rare disease, as
defined by the Commissioner of Food and Drugs, designated
under section 526 of the Federal Food, Drug, and Cosmetics
Act, and approved under section 505 of such Act or licensed
under subsection (a) or (k) of section 351 of the Public
Health Service Act to treat a serious or life-threatening
disease or condition;
``(ii) if administered in accordance with the labeling of
such drug, is expected to result in either--
``(I) the cure of such disease or condition; or
``(II) a reduction in the symptoms of such disease or
condition to the extent that such disease or condition is not
expected to lead to early mortality; and
``(iii) is expected to achieve a result described in clause
(ii), which may be achieved over an extended period of time,
after not more than 3 administrations.
``(D) Relevant clinical parameter.--The term `relevant
clinical parameter' means, with respect to a covered
outpatient drug that is the subject of a risk-sharing value-
based payment agreement--
``(i) a clinical endpoint specified in the drug's labeling
or supported by one or more of the compendia described in
section 1861(t)(2)(B)(ii)(I) that--
``(I) is able to be measured or evaluated on an annual
basis for each year of the agreement on an independent basis
by a provider or other entity; and
``(II) is required to be achieved (based on observed
metrics in patient populations) under the terms of the
agreement; or
``(ii) a surrogate endpoint (as defined in section
507(e)(9) of the Federal Food, Drug, and Cosmetic Act),
including those developed by patient-focused drug development
tools, that--
``(I) is able to be measured or evaluated on an annual
basis for each year of the agreement on an independent basis
by a provider or other entity; and
``(II) has been qualified by the Food and Drug
Administration.
``(E) Risk-sharing value-based payment agreement.--The term
`risk-sharing value-based payment agreement' means an
agreement between a State plan and a manufacturer--
``(i) for the purchase of a covered outpatient drug of the
manufacturer that is a potentially curative treatment
intended for one-time use;
``(ii) under which payment for such drug shall be made
pursuant to an installment-based payment structure that meets
the requirements of paragraph (3);
``(iii) which conditions payment on the achievement of at
least 2 relevant clinical parameters (as defined in
subparagraph (C));
``(iv) which provides that--
``(I) the State plan will directly reimburse the
manufacturer for the drug; or
``(II) a third party will reimburse the manufacture in a
manner approved by the Secretary;
``(v) is approved by the Secretary in accordance with
paragraph (2).
``(F) Total installment year amount.--The term `total
installment year amount' means, with respect to a risk-
sharing value-based payment agreement for the purchase of a
covered outpatient drug and an installment year, an amount
equal to the product of--
``(i) the unit price of the drug charged under the
agreement; and
``(ii) the number of units of such drug administered under
the agreement during such installment year.''.
(b) Conforming Amendments.--
(1) Section 1903(i)(10)(A) of the Social Security Act (42
U.S.C. 1396b(i)(10)(A)) is amended by striking ``or unless
section 1927(a)(3) applies'' and inserting ``, section
1927(a)(3) applies with respect to such drugs, or such drugs
are the subject of a risk-sharing value-based payment
agreement under section 1927(l)''.
(2) Section 1927(b) of the Social Security Act (42 U.S.C.
1396r-8(b)) is amended--
(A) in paragraph (1)(A), by inserting ``but excluding any
drugs for which payment is made by a State under a risk-
sharing value-based payment agreement under subsection (l))''
after ``for coverage of such drugs''; and
(B) in paragraph (3)--
(i) in subparagraph (C)(i), by inserting ``or subsection
(l)(2)(A)'' after ``subparagraph (A)''; and
(ii) in subparagraph (D), in the matter preceding clause
(i), by inserting ``, under subsection (l)(2)(A),'' after
``under this paragraph''.
SEC. 14309. MODIFICATION OF MAXIMUM REBATE AMOUNT UNDER
MEDICAID DRUG REBATE PROGRAM.
(a) In General.--Subparagraph (D) of section 1927(c)(2) of
the Social Security Act (42 U.S.C. 1396r-8(c)(2)) is amended
to read as follows:
``(D) Maximum rebate amount.--
``(i) In general.--Except as provided in clause (ii), in no
case shall the sum of the amounts applied under paragraph
(1)(A)(ii) and this paragraph with respect to each dosage
form and strength of a single source drug or an innovator
multiple source drug for a rebate period exceed--
``(I) for rebate periods beginning after December 31, 2009,
and before September 30, 2024, 100 percent of the average
manufacturer price of the drug; and
``(II) for rebate periods beginning on or after October 1,
2024, 125 percent of the average manufacturer price of the
drug.
``(ii) No maximum amount for drugs if amp increases outpace
inflation.--
``(I) In general.--If the average manufacturer price with
respect to each dosage form and strength of a single source
drug or an innovator multiple source drug increases on or
after October 1, 2023, and such increased average
manufacturer price exceeds the inflation-adjusted average
manufacturer price determined with respect to such drug under
subclause (II) for the rebate period, clause (i) shall not
apply and there shall be no limitation on the sum of the
amounts applied under paragraph (1)(A)(ii) and this paragraph
for the rebate period, and any subsequent rebate period until
the average manufacturer price of the drug is the same or
less than the inflation-adjusted average manufacturer price
determined with respect to such drug under subclause (II) for
the rebate period, with respect to each dosage form and
strength of the single source drug or innovator multiple
source drug.
``(II) Inflation-adjusted average manufacturer price
defined.--In this clause, the term `inflation-adjusted
average manufacturer price' means, with respect to a single
source drug or an innovator multiple source drug and a rebate
period, the average manufacturer price for each dosage form
and strength of the drug for the calendar quarter beginning
July 1, 1990 (without regard to whether or not the drug has
been sold or transferred to an entity, including a division
or subsidiary of the manufacturer, after the 1st day of such
quarter), increased by the percentage by which the consumer
price index for all urban consumers (United States city
average) for the month before the month in which the rebate
period begins exceeds such index for September 1990.''.
(b) Treatment of Subsequently Approved Drugs.--Section
1927(c)(2)(B) of the Social Security Act (42 U.S.C. 1396r-
8(c)(2)(B)) is amended by inserting ``and clause (ii)(II) of
subparagraph (D)'' after ``clause (ii)(II) of subparagraph
(A)''.
(c) Technical Amendments.--Section 1927(c)(3)(C)(ii)(IV) of
the Social Security Act
[[Page S4376]]
(42 U.S.C. 1396r-9(c)(3)(C)(ii)(IV)) is amended--
(1) by striking ``subparagraph (A)'' and inserting
``paragraph (3)(A)''; and
(2) by striking ``this subparagraph'' and inserting
``paragraph (3)(C)''.
______
SA 5484. Mr. GRASSLEY (for himself, Mr. Braun, Mr. Cassidy, Ms.
Collins, Ms. Murkowski, Mr. Portman, Ms. Ernst, Mr. Daines, Mrs.
Blackburn, and Mrs. Hyde-Smith) submitted an amendment intended to be
proposed to amendment SA 5194 proposed by Mr. Schumer to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; which was ordered to lie on the table; as follows:
Strike title I of the bill and all that follows through
the end of the bill and insert the following:
TITLE I--MEDICARE
Subtitle A--Part B
SEC. 101. INCLUSION OF VALUE OF COUPONS IN DETERMINATION OF
AVERAGE SALES PRICE FOR DRUGS AND BIOLOGICALS
UNDER MEDICARE PART B.
Section 1847A(c) of the Social Security Act (42 U.S.C.
1395w-3a(c)) is amended--
(1) in paragraph (3)--
(A) by striking ``discounts.--In calculating'' and
inserting ``discounts to purchasers and coupons provided to
privately insured individuals.--
``(A) Discounts to purchasers.--In calculating''; and
(B) by adding at the end the following new subparagraph:
``(B) Coupons provided to reduce cost-sharing.--For
calendar quarters beginning on or after July 1, 2024, in
calculating the manufacturer's average sales price under this
subsection, such price shall include the value (as defined in
paragraph (6)(J)) of any coupons provided under a drug coupon
program of a manufacturer (as those terms are defined in
subparagraphs (K) and (L), respectively, of paragraph
(6)).''; and
(2) in paragraph (6), by adding at the end the following
new subparagraphs:
``(J) Value.--The term `value' means, with respect to a
coupon (as defined in subparagraph (K)), the difference, if
any, between--
``(i) the amount of any reduction or elimination of cost-
sharing or other out-of-pocket costs described in such
subparagraph to a patient as a result of the use of such
coupon; and
``(ii) any charge to the patient for the use of such
coupon.
``(K) Coupon.--The term `coupon' means any financial
support that is provided to a patient, either directly to the
patient or indirectly to the patient through a physician,
prescriber, pharmacy, or other provider, under a drug coupon
program of a manufacturer (as defined in subparagraph (L))
that is used to reduce or eliminate cost-sharing or other
out-of-pocket costs of the patient, including costs related
to a deductible, coinsurance, or copayment, with respect to a
drug or biological, including a biosimilar biological
product, of the manufacturer.
``(L) Drug coupon program.--
``(i) In general.--Subject to clause (ii), the term `drug
coupon program' means, with respect to a manufacturer, a
program through which the manufacturer provides coupons to
patients as described in subparagraph (K).
``(ii) Exclusions.--Such term does not include--
``(I) a patient assistance program operated by a
manufacturer that provides free or discounted drugs or
biologicals, including biosimilar biological products,
(through in-kind donations) to patients of low income; or
``(II) a contribution by a manufacturer to a nonprofit or
Foundation that provides free or discounted drugs or
biologicals, including biosimilar biological products,
(through in-kind donations) to patients of low income.''.
SEC. 102. PAYMENT FOR BIOSIMILAR BIOLOGICAL PRODUCTS DURING
INITIAL PERIOD.
Section 1847A(c)(4) of the Social Security Act (42 U.S.C.
1395w-3a(c)(4)) is amended--
(1) in each of subparagraphs (A) and (B), by redesignating
clauses (i) and (ii) as subclauses (I) and (II),
respectively, and moving such subclauses 2 ems to the right;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii) and moving such clauses 2 ems to the right;
(3) by striking ``unavailable.--In the case'' and inserting
``unavailable.--
``(A) In general.--Subject to subparagraph (B), in the
case''; and
(4) by adding at the end the following new subparagraph:
``(B) Limitation on payment amount for biosimilar
biological products during initial period.--In the case of a
biosimilar biological product furnished on or after January
1, 2023, in lieu of applying subparagraph (A) during the
initial period described in such subparagraph with respect to
the biosimilar biological product, the amount payable under
this section for the biosimilar biological product is the
lesser of the following:
``(i) The amount determined under clause (ii) of such
subparagraph for the biosimilar biological product.
``(ii) The amount determined under subsection (b)(1)(B) for
the reference biological product.''.
SEC. 103. TEMPORARY INCREASE IN MEDICARE PART B PAYMENT FOR
BIOSIMILAR BIOLOGICAL PRODUCTS.
Section 1847A(b)(8) of the Social Security Act (42 U.S.C.
1395w-3a(b)(8)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(2) by striking ``product.--The amount'' and inserting the
following: ``product.--
``(A) In general.--Subject to subparagraph (B), the
amount''; and
(3) by adding at the end the following new subparagraph:
``(B) Temporary payment increase for biosimilar biological
products.--
``(i) In general.--Beginning January 1, 2023, in the case
of a biosimilar biological product described in paragraph
(1)(C) that is furnished during the applicable 5-year period
for such product, the amount specified in this paragraph for
such product is an amount equal to the lesser of the
following:
``(I) The amount specified in subparagraph (A) for such
product if clause (ii) of such subparagraph was applied by
substituting `8 percent' for `6 percent'.
``(II) The amount determined under subsection (b)(1)(B) for
the reference biological product.
``(ii) Applicable 5-year period.--For purposes of clause
(i), the applicable 5-year period for a biosimilar biological
product is--
``(I) in the case of such a product for which payment was
made under this paragraph as of December 31, 2022, the 5-year
period beginning on January 1, 2023; and
``(II) in the case of such a product that is not described
in subclause (I), the 5-year period beginning on the first
day of the first calendar quarter in which payment was made
for such product under this paragraph.''.
SEC. 104. IMPROVEMENTS TO MEDICARE SITE-OF-SERVICE
TRANSPARENCY.
Section 1834(t) of the Social Security Act (42 U.S.C.
1395m(t)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``In general'' and
inserting ``Site payment'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``or to'' and inserting ``, to'';
(ii) by inserting ``, or to a physician for services
furnished in a physician's office'' after ``surgical
center''; and
(iii) by inserting ``(or 2024 with respect to a physician
for services furnished in a physician's office)'' after
``2018''; and
(C) in subparagraph (A)--
(i) by striking ``and the'' and inserting ``, the''; and
(ii) by inserting ``, and the physician fee schedule under
section 1848 (with respect to the practice expense component
of such payment amount)'' after ``such section'';
(2) by redesignating paragraphs (2) through (4) and
paragraphs (3) through (5), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Physician payment.--Beginning in 2024, the Secretary
may expand the information included on the Internet website
described in paragraph (1) to include--
``(A) the amount paid to a physician under section 1848 for
an item or service for the settings described in paragraph
(1); and
``(B) the estimated amount of beneficiary liability
applicable to the item or service.''.
SEC. 105. MEDICARE PART B REBATE BY MANUFACTURERS FOR DRUGS
OR BIOLOGICALS WITH PRICES INCREASING FASTER
THAN INFLATION.
(a) In General.--Section 1847A of the Social Security Act
(42 U.S.C. 1395w-3a) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Rebate by Manufacturers for Drugs or Biologicals With
Prices Increasing Faster Than Inflation.--
``(1) Requirements.--
``(A) Secretarial provision of information.--Not later than
6 months after the end of each rebate period (as defined in
paragraph (2)(A)) beginning on or after January 1, 2024, the
Secretary shall, for each rebatable drug (as defined in
paragraph (2)(B)), report to each manufacturer of such
rebatable drug the following for such rebate period:
``(i) Information on the total number of units of the
billing and payment code described in subparagraph (A)(i) of
paragraph (3) with respect to such rebatable drug and rebate
period.
``(ii) Information on the amount (if any) of the excess
average sales price increase described in subparagraph
(A)(ii) of such paragraph for such rebatable drug and rebate
period.
``(iii) The rebate amount specified under such paragraph
for such rebatable drug and rebate period.
``(B) Manufacturer rebate.--
``(i) In general.--Subject to clause (ii), for each rebate
period beginning on or after January 1, 2024, the
manufacturer of a rebatable drug shall, for such drug, not
later than 30 days after the date of receipt from the
Secretary of the information and rebate amount pursuant to
subparagraph (A) for such rebate period, provide to the
Secretary a rebate that is equal to the amount specified in
paragraph (3) for such drug for such rebate period.
``(ii) Exemption for shortages.--The Secretary may reduce
or waive the rebate under this subparagraph with respect to a
rebatable drug that is listed on the drug shortage list
maintained by the Food and Drug Administration pursuant to
section
[[Page S4377]]
506E of the Federal Food, Drug, and Cosmetic Act.
``(C) Request for reconsideration.--The Secretary shall
establish procedures under which a manufacturer of a
rebatable drug may request a reconsideration by the Secretary
of the rebate amount specified under paragraph (3) for such
rebatable drug and rebate period, as reported to the
manufacturer pursuant to subparagraph (A)(iii).
``(2) Rebate period and rebatable drug defined.--In this
subsection:
``(A) Rebate period.--The term `rebate period' means a
calendar quarter beginning on or after January 1, 2024.
``(B) Rebatable drug.--The term `rebatable drug' means a
single source drug or biological (other than a biosimilar
biological product)--
``(i) described in section 1842(o)(1)(C) for which the
payment amount is provided under this section; or
``(ii) for which payment is made separately under section
1833(i) or section 1833(t) and for which the payment amount
is calculated based on the payment amount under this section.
``(3) Rebate amount.--
``(A) In general.--For purposes of paragraph (1)(B), the
amount specified in this paragraph for a rebatable drug
assigned to a billing and payment code for a rebate period
is, subject to paragraph (4), the amount equal to the product
of--
``(i) subject to subparagraph (B), the total number of
units of the billing and payment code for such rebatable drug
furnished during the rebate period; and
``(ii) the amount (if any) by which--
``(I) the amount determined under subsection (b)(4) for
such rebatable drug during the rebate period; exceeds
``(II) the inflation-adjusted base payment amount
determined under subparagraph (C) of this paragraph for such
rebatable drug during the rebate period.
``(B) Excluded units.--For purposes of subparagraph (A)(i),
the total number of units of the billing and payment code for
rebatable drugs furnished during a rebate period shall not
include units with respect to which the manufacturer provides
a discount under the program under section 340B of the Public
Health Service Act or a rebate under section 1927.
``(C) Determination of inflation-adjusted payment amount.--
The inflation-adjusted payment amount determined under this
subparagraph for a rebatable drug for a rebate period is--
``(i) the amount determined under subsection (b)(4) for
such rebatable drug in the payment amount benchmark quarter
(as defined in subparagraph (D)); increased by
``(ii) the percentage by which the rebate period CPI-U (as
defined in subparagraph (F)) for the rebate period exceeds
the benchmark period CPI-U (as defined in subparagraph (E)).
``(D) Payment amount benchmark quarter.--The term `payment
amount benchmark quarter' means the calendar quarter
beginning July 1, 2021.
``(E) Benchmark period cpi-u.--The term `benchmark period
CPI-U' means the consumer price index for all urban consumers
(United States city average) for July 2021.
``(F) Rebate period cpi-u.--The term `rebate period CPI-U'
means, with respect to a rebate period, the consumer price
index for all urban consumers (United States city average)
for the last month of the calendar quarter that is two
calendar quarters prior to the rebate period.
``(4) Application to new drugs.--In the case of a rebatable
drug first approved or licensed by the Food and Drug
Administration after July 1, 2021, the following shall apply:
``(A) During initial period.--For quarters during the
initial period in which the payment amount for such drug is
determined using the methodology described in subsection
(c)(4)--
``(i) clause (ii)(I) of paragraph (3)(A) shall be applied
as if the reference to `the amount determined under
subsection (b)(4),' were a reference to `the wholesale
acquisition cost applicable under subsection (c)(4)';
``(ii) clause (i) of paragraph (3)(C) shall be applied--
``(I) as if the reference to `the amount determined under
subsection (b)(4),' were a reference to `the wholesale
acquisition cost applicable under subsection (c)(4)'; and
``(II) as if the term `payment amount benchmark quarter'
were defined under paragraph (3)(D) as the first full
calendar quarter after the day on which the drug was first
marketed; and
``(iii) clause (ii) of paragraph (3)(C) shall be applied as
if the term `benchmark period CPI-U' were defined under
paragraph (4)(E) as if the reference to `July 2021' under
such paragraph were a reference to `the first month of the
first full calendar quarter after the day on which the drug
was first marketed'.
``(B) After initial period.--For quarters beginning after
such initial period--
``(i) clause (i) of paragraph (3)(C) shall be applied as if
the term `payment amount benchmark quarter' were defined
under paragraph (3)(D) as the first full calendar quarter for
which the Secretary is able to compute an average sales price
for the rebatable drug; and
``(ii) clause (ii) of paragraph (3)(C) shall be applied as
if the term `benchmark period CPI-U' were defined under
paragraph (4)(E) as if the reference to `July 2021' under
such paragraph were a reference to `the first month of the
first full calendar quarter for which the Secretary is able
to compute an average sales price for the rebatable drug'.
``(5) Rebate deposits.--Amounts paid as rebates under
paragraph (1)(B) shall be deposited into the Federal
Supplementary Medical Insurance Trust Fund established under
section 1841.
``(6) Enforcement.--
``(A) Civil money penalty.--
``(i) In general.--The Secretary shall impose a civil money
penalty on a manufacturer that fails to comply with the
requirements under paragraph (1)(B) with respect to providing
a rebate for a rebatable drug for a rebate period for each
such failure in an amount equal to the sum of--
``(I) the rebate amount specified pursuant to paragraph (3)
for such drug for such rebate period; and
``(II) 25 percent of such amount.
``(ii) Application.--The provisions of section 1128A (other
than subsections (a) (with respect to amounts of penalties or
additional assessments) and (b)) shall apply to a civil money
penalty under this subparagraph in the same manner as such
provisions apply to a penalty or proceeding under section
1128A(a).
``(B) No payment for manufacturers who fail to pay
penalty.--If the manufacturer of a rebatable drug fails to
pay a civil money penalty under subparagraph (A) with respect
to the failure to provide a rebate for a rebatable drug for a
rebate period by a date specified by the Secretary after the
imposition of such penalty, no payment shall be available
under this part for such rebatable drug for calendar quarters
beginning on or after such date until the Secretary
determines the manufacturer has paid the penalty due under
such subparagraph.''.
(b) Implementation.--Section 1847A(i) of the Social
Security Act (42 U.S.C. 1395w-3(g)), as redesignated by
subsection (a) of this section, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) determination of the rebate amount for a rebatable
drug under paragraph (3) of subsection (h), including with
respect to a new drug pursuant to paragraph (4) of such
subsection, including--
``(A) a decision by the Secretary with respect to a request
for reconsideration under paragraph (1)(C); and
``(B) the determination of--
``(i) the total number of units of the billing and payment
code under paragraph (3)(A)(i); and
``(ii) the inflation-adjusted payment amount under
paragraph (3)(C).''.
(c) Conforming Amendment to Part B ASP Calculation.--
Section 1847A(c)(3) of the Social Security Act (42 U.S.C.
1395w-3a(c)(3)) is amended by inserting ``or subsection (h)''
after ``section 1927''.
SEC. 106. HHS INSPECTOR GENERAL STUDY AND REPORT ON BONA FIDE
SERVICE FEES.
(a) Study.--The Inspector General of the Department of
Health and Human Services (in this section referred to as the
``Inspector General'') shall conduct a study on the effect of
the use of bona fide service fee contracting arrangements by
drug manufacturers and other entities on Medicare payments
for drugs and biologicals furnished under part B of title
XVIII of the Social Security Act (42 U.S.C. 1395j et seq.).
Such study shall include an analysis of--
(1) the various types of entities that enter into
contracting arrangements that use bona fide service fees,
such as group purchasing organizations, wholesalers,
providers, and pharmacies;
(2) the various types of bona fide service fee contracting
arrangements used by such entities;
(3) the types of services that are paid for through such
arrangements;
(4) whether manufacturers define bona fide service fees
differently across different entities;
(5) how such arrangements are structured;
(6) whether the structure or use of such arrangements has
changed over time;
(7) the extent, if any, to which there is consistency
across manufacturers in what they consider to be a bona fide
service fee as opposed to a discount or rebate that should be
excluded from the determination of average sales price
pursuant to the methodology under section 1847A of the Social
Security Act (42 U.S.C. 1395w-3a);
(8) the overall magnitude of bona fide service fees;
(9) what share of bona fide service fees are paid to
various entities;
(10) how the magnitude of bona fide service fees compares
to other fees and rebates that are included in the
determination of average sales price;
(11) whether and, if so, how much, the magnitude of bona
fide service fees has grown over time and how such growth
compares to growth in the magnitude of other fees and
rebates; and
(12) what share of bona fide service fees are based on a
percentage of sales.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Inspector General shall submit to
Congress a report containing the results of the study
conducted under subsection (a), together with recommendations
for such legislation and administrative action as the
Inspector General determines appropriate.
[[Page S4378]]
SEC. 107. ESTABLISHMENT OF MAXIMUM ADD-ON PAYMENT FOR DRUGS
AND BIOLOGICALS.
(a) In General.--Section 1847A of the Social Security Act
(42 U.S.C. 1395w-3a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``paragraph (7)'' and inserting ``paragraphs
(7) and (9)''; and
(B) by adding at the end the following new paragraph:
``(9) Maximum add-on payment amount.--
``(A) In general.--In determining the payment amount under
the provisions of subparagraph (A), (B), or (C) of paragraph
(1) of this subsection, subsection (c)(4)(A)(ii), or
subsection (d)(3)(C) for a drug or biological furnished on or
after January 1, 2024, if the applicable add-on payment (as
defined in subparagraph (B)) for each drug or biological on a
claim for a date of service exceeds the maximum add-on
payment amount specified under subparagraph (C) for the drug
or biological, then the payment amount otherwise determined
for the drug or biological under those provisions, as
applicable, shall be reduced by the amount of such excess.
``(B) Applicable add-on payment defined.--In this
paragraph, the term `applicable add-on payment' means the
following amounts, determined without regard to the
application of subparagraph (A):
``(i) In the case of a multiple source drug, an amount
equal to the difference between--
``(I) the amount that would otherwise be applied under
paragraph (1)(A); and
``(II) the amount that would be applied under such
paragraph if `100 percent' were substituted for `106
percent'.
``(ii) In the case of a single source drug or biological,
an amount equal to the difference between--
``(I) the amount that would otherwise be applied under
paragraph (1)(B); and
``(II) the amount that would be applied under such
paragraph if `100 percent' were substituted for `106
percent'.
``(iii) In the case of a biosimilar biological product, the
amount otherwise determined under paragraph (8)(B).
``(iv) In the case of a drug or biological during the
initial period described in subsection (c)(4)(A), an amount
equal to the difference between--
``(I) the amount that would otherwise be applied under
subsection (c)(4)(A)(ii); and
``(II) the amount that would be applied under such
subsection if `100 percent' were substituted, as applicable,
for--
``(aa) `103 percent' in subclause (I) of such subsection;
or
``(bb) any percent in excess of 100 percent applied under
subclause (II) of such subsection.
``(v) In the case of a drug or biological to which
subsection (d)(3)(C) applies, an amount equal to the
difference between--
``(I) the amount that would otherwise be applied under such
subsection; and
``(II) the amount that would be applied under such
subsection if `100 percent' were substituted, as applicable,
for--
``(aa) any percent in excess of 100 percent applied under
clause (i) of such subsection; or
``(bb) `103 percent' in clause (ii) of such subsection.
``(C) Maximum add-on payment amount specified.--For
purposes of subparagraph (A), the maximum add-on payment
amount specified in this subparagraph is--
``(i) for each of 2024 through 2031, $1,000; and
``(ii) for a subsequent year, the amount specified in this
subparagraph for the preceding year increased by the
percentage increase in the consumer price index for all urban
consumers (all items; United States city average) for the 12-
month period ending with June of the previous year.
Any amount determined under this subparagraph that is not a
multiple of $10 shall be rounded to the nearest multiple of
$10.''; and
(2) in subsection (c)(4)(A)(ii), by striking ``in the
case'' and inserting ``subject to subsection (b)(9), in the
case''.
(b) Conforming Amendments Relating to Separately Payable
Drugs.--
(1) OPPS.--Section 1833(t)(14) of the Social Security Act
(42 U.S.C. 1395l(t)(14)) is amended--
(A) in subparagraph (A)(iii)(II), by inserting ``, subject
to subparagraph (I)'' after ``are not available''; and
(B) by adding at the end the following new subparagraph:
``(I) Application of maximum add-on payment for separately
payable drugs and biologicals.--In establishing the amount of
payment under subparagraph (A) for a specified covered
outpatient drug that is furnished as part of a covered OPD
service (or group of services) on or after January 1, 2024,
if such payment is determined based on the average price for
the year established under section 1847A pursuant to clause
(iii)(II) of such subparagraph, the provisions of subsection
(b)(9) of section 1847A shall apply to the amount of payment
so established in the same manner as such provisions apply to
the amount of payment under section 1847A.''.
(2) ASC.--Section 1833(i)(2)(D) of the Social Security Act
(42 U.S.C. 1395l(i)(2)(D)) is amended--
(A) by moving clause (v) 6 ems to the left;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following new clause:
``(vi) If there is a separate payment under the system
described in clause (i) for a drug or biological furnished on
or after January 1, 2024, the provisions of subsection
(t)(14)(I) shall apply to the establishment of the amount of
payment for the drug or biological under such system in the
same manner in which such provisions apply to the
establishment of the amount of payment under subsection
(t)(14)(A).''.
SEC. 108. TREATMENT OF DRUG ADMINISTRATION SERVICES FURNISHED
BY CERTAIN EXCEPTED OFF-CAMPUS OUTPATIENT
DEPARTMENTS OF A PROVIDER.
Section 1833(t)(16) of the Social Security Act (42 U.S.C.
1395l(t)(16)) is amended by adding at the end the following
new subparagraph:
``(G) Special payment rule for drug administration services
furnished by an excepted department of a provider.--
``(i) In general.--In the case of a covered OPD service
that is a drug administration service (as defined by the
Secretary) furnished by a department of a provider described
in clause (ii) or (iv) of paragraph (21)(B), the payment
amount for such service furnished on or after January 1,
2024, shall be the same payment amount (as determined in
paragraph (21)(C)) that would apply if the drug
administration service was furnished by an off-campus
outpatient department of a provider (as defined in paragraph
(21)(B)).
``(ii) Application without regard to budget neutrality.--
The reductions made under this subparagraph--
``(I) shall not be considered an adjustment under paragraph
(2)(E); and
``(II) shall not be implemented in a budget neutral
manner.''.
SEC. 109. GAO STUDY AND REPORT ON AVERAGE SALES PRICE.
(a) Study.--
(1) In general.--The Comptroller General of the United
States (in this section referred to as the ``Comptroller
General'') shall conduct a study on spending for applicable
drugs under part B of title XVIII of the Social Security Act.
(2) Applicable drugs defined.--In this section, the term
``applicable drugs'' means drugs and biologicals--
(A) for which reimbursement under such part B is based on
the average sales price of the drug or biological; and
(B) that account for the largest percentage of total
spending on drugs and biologicals under such part B (as
determined by the Comptroller General, but in no case less
that 25 drugs or biologicals).
(3) Requirements.--The study under paragraph (1) shall
include an analysis of the following:
(A) The extent to which each applicable drug is paid for--
(i) under such part B for Medicare beneficiaries; or
(ii) by private payers in the commercial market.
(B) Any change in Medicare spending or Medicare beneficiary
cost-sharing that would occur if the average sales price of
an applicable drug was based solely on payments by private
payers in the commercial market.
(C) The extent to which drug manufacturers provide rebates,
discounts, or other price concessions to private payers in
the commercial market for applicable drugs, which the
manufacturer includes in its average sales price calculation,
for--
(i) formulary placement;
(ii) utilization management considerations; or
(iii) other purposes.
(D) Barriers to drug manufacturers providing such price
concessions for applicable drugs.
(E) Other areas determined appropriate by the Comptroller
General.
(b) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the study conducted under subsection
(a), together with recommendations for such legislation and
administrative action as the Secretary determines
appropriate.
SEC. 110. AUTHORITY TO USE ALTERNATIVE PAYMENT FOR DRUGS AND
BIOLOGICALS TO PREVENT POTENTIAL DRUG
SHORTAGES.
(a) In General.--Section 1847A(e) of the Social Security
Act (42 U.S.C. 1395w-3a(e)) is amended--
(1) by striking ``Payment in Response to Public Health
Emergency.--In the case'' and inserting ``Payments.--
``(1) In response to public health emergency.--In the
case''; and
(2) by adding at the end the following new paragraph:
``(2) Preventing potential drug shortages.--
``(A) In general.--In the case of a drug or biological that
the Secretary determines is described in subparagraph (B) for
one or more quarters beginning on or after January 1, 2024,
the Secretary may use wholesale acquisition cost (or other
reasonable measure of a drug or biological price) instead of
the manufacturer's average sales price for such quarters and
for subsequent quarters until the end of the quarter in which
such drug or biological is removed from the drug shortage
list under section 506E of the Federal Food, Drug, and
Cosmetic Act, or in the case of a drug or biological
described in subparagraph (B)(ii), the date on which the
Secretary determines that the total manufacturing capacity or
the total number of manufacturers of such drug or biological
is sufficient to
[[Page S4379]]
mitigate a potential shortage of the drug or biological.
``(B) Drug or biological described.--For purposes of
subparagraph (A), a drug or biological described in this
subparagraph is a drug or biological--
``(i) that is listed on the drug shortage list maintained
by the Food and Drug Administration pursuant to section 506E
of the Federal Food, Drug, and Cosmetic Act, and with respect
to which any manufacturer of such drug or biological notifies
the Secretary of a permanent discontinuance or an
interruption that is likely to lead to a meaningful
disruption in the manufacturer's supply of that drug pursuant
to section 506C(a) of such Act; or
``(ii) that--
``(I) is described in section 506C(a) of such Act;
``(II) was listed on the drug shortage list maintained by
the Food and Drug Administration pursuant to section 506E of
such Act within the preceding 5 years; and
``(III) for which the total manufacturing capacity of all
manufacturers with an approved application for such drug or
biological that is currently marketed or total number of
manufacturers with an approved application for such drug or
biological that is currently marketed declines during a 6-
month period, as determined by the Secretary.
``(C) Provision of additional information.--For each
quarter in which the amount of payment for a drug or
biological described in subparagraph (B) pursuant to
subparagraph (A) exceeds the amount of payment for the drug
or biological otherwise applicable under this section, each
manufacturer of such drug or biological shall provide to the
Secretary information related to the potential cause or
causes of the shortage and the expected duration of the
shortage with respect to such drug.''.
(b) Tracking Shortage Drugs Through Claims.--The Secretary
of Health and Human Services (referred to in this section as
the ``Secretary'') shall establish a mechanism (such as a
modifier) for purposes of tracking utilization under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) of
drugs and biologicals listed on the drug shortage list
maintained by the Food and Drug Administration pursuant to
section 506E of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356e).
(c) HHS Report and Recommendations.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on shortages of drugs within the Medicare
program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.). The report shall include--
(A) an analysis of--
(i) the effect of drug shortages on Medicare beneficiary
access, quality, safety, and out-of-pocket costs;
(ii) the effect of drug shortages on health providers,
including hospitals and physicians, across the Medicare
program;
(iii) the current role of the Centers for Medicare &
Medicaid Services (CMS) in addressing drug shortages,
including CMS's working relationship and communication with
other Federal agencies and stakeholders;
(iv) the role of all actors in the drug supply chain
(including drug manufacturers, distributors, wholesalers,
secondary wholesalers, group purchasing organizations,
hospitals, and physicians) on drug shortages within the
Medicare program; and
(v) payment structures and incentives under parts A, B, C,
and D of the Medicare program and their effect, if any, on
drug shortages; and
(B) relevant findings and recommendations to Congress.
(2) Public availability.--The report under this subsection
shall be made available to the public.
(3) Consultation.--The Secretary shall consult with the
drug shortage task force authorized under section
506D(a)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356d(a)(1)(A)) in preparing the report under this
subsection, as appropriate.
Subtitle B--Part D
SEC. 121. MEDICARE PART D MODERNIZATION REDESIGN.
(a) Benefit Structure Redesign.--Section 1860D-2(b) of the
Social Security Act (42 U.S.C. 1395w-102(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), in the matter preceding clause
(i), by inserting ``for a year preceding 2025 and for costs
above the annual deductible specified in paragraph (1) and up
to the annual out-of-pocket threshold specified in paragraph
(4)(B) for 2025 and each subsequent year'' after ``paragraph
(3)'';
(B) in subparagraph (C)--
(i) in clause (i), in the matter preceding subclause (I),
by inserting ``for a year preceding 2025,'' after ``paragraph
(4),''; and
(ii) in clause (ii)(III), by striking ``and each subsequent
year'' and inserting ``, 2021, 2022, 2023, and 2024''; and
(C) in subparagraph (D)--
(i) in clause (i)--
(I) in the matter preceding subclause (I), by inserting
``for a year preceding 2025,'' after ``paragraph (4),''; and
(II) in subclause (I)(bb), by striking ``a year after
2018'' and inserting ``each of years 2018 through 2024''; and
(ii) in clause (ii)(V), by striking ``2019 and each
subsequent year'' and inserting ``each of years 2019 through
2024'';
(2) in paragraph (3)(A)--
(A) in the matter preceding clause (i), by inserting ``for
a year preceding 2025,'' after ``and (4),''; and
(B) in clause (ii), by striking ``for a subsequent year''
and inserting ``for each of years 2007 through 2024'';
(3) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by redesignating subclauses (I) and (II) as items (aa)
and (bb), respectively, and indenting appropriately;
(II) in the matter preceding item (aa), as redesignated by
subclause (I), by striking ``is equal to the greater of--''
and inserting ``is equal to--
``(I) for a year preceding 2025, the greater of--'';
(III) by striking the period at the end of item (bb), as
redesignated by subclause (I), and inserting ``; and''; and
(IV) by adding at the end the following:
``(II) for 2025 and each succeeding year, $0.''; and
(ii) in clause (ii)--
(I) by striking ``clause (i)(I)'' and inserting ``clause
(i)(I)(aa)''; and
(II) by adding at the end the following new sentence: ``The
Secretary shall continue to calculate the dollar amounts
specified in clause (i)(I)(aa), including with the adjustment
under this clause, after 2024 for purposes of section 1860D-
14(a)(1)(D)(iii).'';
(B) in subparagraph (B)--
(i) in clause (i)--
(I) in subclause (V), by striking ``or'' at the end;
(II) in subclause (VI)--
(aa) by striking ``for a subsequent year'' and inserting
``for 2021, 2022, 2023, and 2024''; and
(bb) by striking the period at the end and inserting a
semicolon; and
(III) by adding at the end the following new subclauses:
``(VII) for 2025, is equal to $3,100; or
``(VIII) for a subsequent year, is equal to the amount
specified in this subparagraph for the previous year,
increased by the annual percentage increase described in
paragraph (6) for the year involved.''; and
(ii) in clause (ii), by striking ``clause (i)(II)'' and
inserting ``clause (i)'';
(C) in subparagraph (C)(i), by striking ``and for amounts''
and inserting ``and for a year preceding 2025 for amounts'';
and
(D) in subparagraph (E), by striking ``In applying'' and
inserting ``For each of 2011 through 2024, in applying''.
(b) Reduction in Beneficiary Coinsurance.--
(1) In general.--Section 1860D-2(b)(2)(A) of the Social
Security Act (42 U.S.C. 1395w-102(b)(2)(A)), as amended by
subsection (a), is amended--
(A) by redesignating clauses (i) and (ii) as subclauses (I)
and (II) and moving such subclauses 2 ems to the right;
(B) by striking ``25 percent coinsurance.--Subject to'' and
inserting ``Coinsurance.--
``(i) In general.--Subject to'';
(C) in each of subclauses (I) and (II), as redesignated by
subparagraph (A), by striking ``25 percent'' and inserting
``the applicable percentage (as defined in clause (ii))'';
and
(D) by adding at the end the following new clause:
``(ii) Applicable percentage defined.--For purposes of
clause (i), the term `applicable percentage' means--
``(I) for a year preceding 2025, 25 percent; and
``(II) for 2025 and each subsequent year, 20 percent.''.
(2) Conforming amendment.--Section 1860D-14(a)(2)(D) of the
Social Security Act (42 U.S.C. 1395w-114(a)(2)(D)) is amended
by striking ``25 percent'' and inserting ``the applicable
percentage''.
(c) Decreasing Reinsurance Payment Amount.--Section 1860D-
15(b) of the Social Security Act (42 U.S.C. 1395w-115(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``equal to 80 percent'' and inserting
``equal to--
``(A) for a year preceding 2025, 80 percent'';
(B) in subparagraph (A), as added by paragraph (1), by
striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(B) for 2025 and each subsequent year, the sum of--
``(i) an amount equal to the applicable percentage
specified in paragraph (5)(A) of such allowable reinsurance
costs attributable to that portion of gross prescription drug
costs as specified in paragraph (3) incurred in the coverage
year after such individual has incurred costs that exceed the
annual out-of-pocket threshold specified in section 1860D-
2(b)(4)(B) with respect to applicable drugs (as defined in
section 1860D-14B(g)(2)); and
``(ii) an amount equal to the applicable percentage
specified in paragraph (5)(B) of allowable reinsurance costs
attributable to that portion of gross prescription drug costs
as specified in paragraph (3) incurred in the coverage year
after such individual has incurred costs that exceed the
annual out-of-pocket threshold specified in section 1860D-
2(b)(4)(B) with respect to covered part D drugs that are not
applicable drugs (as so defined).''; and
(2) by adding at the end the following new paragraph:
``(5) Applicable percentage specified.--For purposes of
paragraph (1)(B), the applicable percentage specified in this
paragraph is--
[[Page S4380]]
``(A) with respect to applicable drugs (as defined in
section 1860D-14B(g)(2))--
``(i) for 2025, 60 percent;
``(ii) for 2026, 40 percent; and
``(iii) for 2027 and each subsequent year, 20 percent; and
``(B) with respect to covered part D drugs that are not
applicable drugs (as so defined)--
``(i) for 2025, 80 percent;
``(ii) for 2026, 60 percent; and
``(iii) for 2027 and each subsequent year, 40 percent.''.
(d) Manufacturer Discount Program During Initial and
Catastrophic Phases of Coverage.--
(1) In general.--Part D of title XVIII of the Social
Security Act is amended by inserting after section 1860D-14A
(42 U.S.C. 1495w-114) the following new section:
``SEC. 1860D-14B. MANUFACTURER DISCOUNT PROGRAM.
``(a) Establishment.--The Secretary shall establish a
manufacturer discount program (in this section referred to as
the `program'). Under the program, the Secretary shall enter
into agreements described in subsection (b) with
manufacturers and provide for the performance of the duties
described in subsection (c). The Secretary shall establish a
model agreement for use under the program by not later than
January 1, 2024, in consultation with manufacturers, and
allow for comment on such model agreement.
``(b) Terms of Agreement.--
``(1) In general.--
``(A) Agreement.--An agreement under this section shall
require the manufacturer to provide applicable beneficiaries
access to discounted prices for applicable drugs of the
manufacturer that are dispensed on or after January 1, 2025.
``(B) Provision of discounted prices at the point-of-
sale.--The discounted prices described in subparagraph (A)
shall be provided to the applicable beneficiary at the
pharmacy or by the mail order service at the point-of-sale of
an applicable drug.
``(2) Provision of appropriate data.--Each manufacturer
with an agreement in effect under this section shall collect
and have available appropriate data, as determined by the
Secretary, to ensure that it can demonstrate to the Secretary
compliance with the requirements under the program.
``(3) Compliance with requirements for administration of
program.--Each manufacturer with an agreement in effect under
this section shall comply with requirements imposed by the
Secretary or a third party with a contract under subsection
(d)(3), as applicable, for purposes of administering the
program, including any determination under subparagraph (A)
of subsection (c)(1) or procedures established under such
subsection (c)(1).
``(4) Length of agreement.--
``(A) In general.--An agreement under this section shall be
effective for an initial period of not less than 12 months
and shall be automatically renewed for a period of not less
than 1 year unless terminated under subparagraph (B).
``(B) Termination.--
``(i) By the secretary.--The Secretary may provide for
termination of an agreement under this section for a knowing
and willful violation of the requirements of the agreement or
other good cause shown. Such termination shall not be
effective earlier than 30 days after the date of notice to
the manufacturer of such termination. The Secretary shall
provide, upon request, a manufacturer with a hearing
concerning such a termination, and such hearing shall take
place prior to the effective date of the termination with
sufficient time for such effective date to be repealed if the
Secretary determines appropriate.
``(ii) By a manufacturer.--A manufacturer may terminate an
agreement under this section for any reason. Any such
termination shall be effective, with respect to a plan year--
``(I) if the termination occurs before January 30 of a plan
year, as of the day after the end of the plan year; and
``(II) if the termination occurs on or after January 30 of
a plan year, as of the day after the end of the succeeding
plan year.
``(iii) Effectiveness of termination.--Any termination
under this subparagraph shall not affect discounts for
applicable drugs of the manufacturer that are due under the
agreement before the effective date of its termination.
``(iv) Notice to third party.--The Secretary shall provide
notice of such termination to a third party with a contract
under subsection (d)(3) within not less than 30 days before
the effective date of such termination.
``(5) Effective date of agreement.--An agreement under this
section shall take effect on a date determined appropriate by
the Secretary, which may be at the start of a calendar
quarter.
``(c) Duties Described.--The duties described in this
subsection are the following:
``(1) Administration of program.--Administering the
program, including--
``(A) the determination of the amount of the discounted
price of an applicable drug of a manufacturer;
``(B) the establishment of procedures under which
discounted prices are provided to applicable beneficiaries at
pharmacies or by mail order service at the point-of-sale of
an applicable drug;
``(C) the establishment of procedures to ensure that, not
later than the applicable number of calendar days after the
dispensing of an applicable drug by a pharmacy or mail order
service, the pharmacy or mail order service is reimbursed for
an amount equal to the difference between--
``(i) the negotiated price of the applicable drug; and
``(ii) the discounted price of the applicable drug;
``(D) the establishment of procedures to ensure that the
discounted price for an applicable drug under this section is
applied before any coverage or financial assistance under
other health benefit plans or programs that provide coverage
or financial assistance for the purchase or provision of
prescription drug coverage on behalf of applicable
beneficiaries as the Secretary may specify; and
``(E) providing a reasonable dispute resolution mechanism
to resolve disagreements between manufacturers, applicable
beneficiaries, and the third party with a contract under
subsection (d)(3).
``(2) Monitoring compliance.--
``(A) In general.--The Secretary shall monitor compliance
by a manufacturer with the terms of an agreement under this
section.
``(B) Notification.--If a third party with a contract under
subsection (d)(3) determines that the manufacturer is not in
compliance with such agreement, the third party shall notify
the Secretary of such noncompliance for appropriate
enforcement under subsection (e).
``(3) Collection of data from prescription drug plans and
ma-pd plans.--The Secretary may collect appropriate data from
prescription drug plans and MA-PD plans in a timeframe that
allows for discounted prices to be provided for applicable
drugs under this section.
``(d) Administration.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall provide for the implementation of this section,
including the performance of the duties described in
subsection (c).
``(2) Limitation.--In providing for the implementation of
this section, the Secretary shall not receive or distribute
any funds of a manufacturer under the program.
``(3) Contract with third parties.--The Secretary shall
enter into a contract with 1 or more third parties to
administer the requirements established by the Secretary in
order to carry out this section. At a minimum, the contract
with a third party under the preceding sentence shall require
that the third party--
``(A) receive and transmit information between the
Secretary, manufacturers, and other individuals or entities
the Secretary determines appropriate;
``(B) receive, distribute, or facilitate the distribution
of funds of manufacturers to appropriate individuals or
entities in order to meet the obligations of manufacturers
under agreements under this section;
``(C) provide adequate and timely information to
manufacturers, consistent with the agreement with the
manufacturer under this section, as necessary for the
manufacturer to fulfill its obligations under this section;
and
``(D) permit manufacturers to conduct periodic audits,
directly or through contracts, of the data and information
used by the third party to determine discounts for applicable
drugs of the manufacturer under the program.
``(4) Performance requirements.--The Secretary shall
establish performance requirements for a third party with a
contract under paragraph (3) and safeguards to protect the
independence and integrity of the activities carried out by
the third party under the program under this section.
``(5) Administration.--Chapter 35 of title 44, United
States Code, shall not apply to the program under this
section.
``(6) Funding.--For purposes of carrying out this section,
the Secretary shall provide for the transfer, from the
Federal Supplementary Medical Insurance Trust Fund under
section 1841 to the Centers for Medicare & Medicaid Services
Program Management Account, of $4,000,000 for each of fiscal
years 2022 through 2025, to remain available until
expended.''.
``(e) Enforcement.--
``(1) Audits.--Each manufacturer with an agreement in
effect under this section shall be subject to periodic audit
by the Secretary.
``(2) Civil money penalty.--
``(A) In general.--The Secretary shall impose a civil money
penalty on a manufacturer that fails to provide applicable
beneficiaries discounts for applicable drugs of the
manufacturer in accordance with such agreement for each such
failure in an amount the Secretary determines is commensurate
with the sum of--
``(i) the amount that the manufacturer would have paid with
respect to such discounts under the agreement, which will
then be used to pay the discounts which the manufacturer had
failed to provide; and
``(ii) 25 percent of such amount.
``(B) Application.--The provisions of section 1128A (other
than subsections (a) and (b)) shall apply to a civil money
penalty under this paragraph in the same manner as such
provisions apply to a penalty or proceeding under section
1128A(a).
``(f) Clarification Regarding Availability of Other Covered
Part D Drugs.--Nothing in this section shall prevent an
applicable beneficiary from purchasing a covered part D drug
that is not an applicable drug (including a generic drug or a
drug that is not on the formulary of the prescription drug
plan or MA-PD plan that the applicable beneficiary is
enrolled in).
[[Page S4381]]
``(g) Definitions.--In this section:
``(1) Applicable beneficiary.--The term `applicable
beneficiary' means an individual who, on the date of
dispensing a covered part D drug--
``(A) is enrolled in a prescription drug plan or an MA-PD
plan;
``(B) is not enrolled in a qualified retiree prescription
drug plan; and
``(C) has incurred costs for covered part D drugs in the
year that are above the annual deductible specified in
section 1860D-2(b)(1) for such year.
``(2) Applicable drug.--The term `applicable drug' means,
with respect to an applicable beneficiary, a covered part D
drug--
``(A) approved under a new drug application under section
505(c) of the Federal Food, Drug, and Cosmetic Act or, in the
case of a biologic product, licensed under section 351 of the
Public Health Service Act (including a product licensed under
subsection (k) of such section 351); and
``(B)(i) if the PDP sponsor of the prescription drug plan
or the MA organization offering the MA-PD plan uses a
formulary, which is on the formulary of the prescription drug
plan or MA-PD plan that the applicable beneficiary is
enrolled in;
``(ii) if the PDP sponsor of the prescription drug plan or
the MA organization offering the MA-PD plan does not use a
formulary, for which benefits are available under the
prescription drug plan or MA-PD plan that the applicable
beneficiary is enrolled in; or
``(iii) is provided through an exception or appeal.
``(3) Applicable number of calendar days.--The term
`applicable number of calendar days' means--
``(A) with respect to claims for reimbursement submitted
electronically, 14 days; and
``(B) with respect to claims for reimbursement submitted
otherwise, 30 days.
``(4) Discounted price.--
``(A) In general.--The term `discounted price' means--
``(i) with respect to an applicable drug dispensed for an
applicable beneficiary who has incurred costs that are below
the annual out-of-pocket threshold specified in section
1860D-2(b)(4)(B) for the year, 93 percent of the negotiated
price of the applicable drug of a manufacturer; and
``(ii) with respect to an applicable drug dispensed for an
applicable beneficiary who has incurred costs for covered
part D drugs in the year that are equal to or exceed the
annual out-of-pocket threshold specified in section 1860D-
2(b)(4)(B) for the year, 86 percent of the negotiated price
of the applicable drug of a manufacturer.
``(B) Clarification.--Nothing in this section shall be
construed as affecting the responsibility of an applicable
beneficiary for payment of a dispensing fee for an applicable
drug.
``(C) Clarification for certain claims.--With respect to
the amount of the negotiated price of an individual claim for
an applicable drug with respect to an applicable beneficiary,
the manufacturer of the applicable drug shall provide--
``(i) the discounted price under clause (i) of subparagraph
(A) only on the portion of the negotiated price of the
applicable drug that falls above the deductible specified in
section 1860D-2(b)(1) for the year and below the annual out-
of-pocket threshold specified in section 1860D-2(b)(4)(B) for
the year; and
``(ii) the discounted price under clause (ii) of
subparagraph (A) only on the portion of the negotiated price
of the applicable drug that falls at or above such annual
out-of-pocket threshold.
``(5) Manufacturer.--The term `manufacturer' means any
entity which is engaged in the production, preparation,
propagation, compounding, conversion, or processing of
prescription drug products, either directly or indirectly by
extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis. Such term
does not include a wholesale distributor of drugs or a retail
pharmacy licensed under State law.
``(6) Negotiated price.--The term `negotiated price' has
the meaning given such term in section 1860D-2(d)(1)(B),
except that such negotiated price shall not include any
dispensing fee for the applicable drug.
``(7) Qualified retiree prescription drug plan.--The term
`qualified retiree prescription drug plan' has the meaning
given such term in section 1860D-22(a)(2).''.
(2) Sunset of medicare coverage gap discount program.--
Section 1860D-14A of the Social Security Act (42 U.S.C. 1395-
114a) is amended--
(A) in subsection (a), in the first sentence, by striking
``The Secretary'' and inserting ``Subject to subsection (h),
the Secretary''; and
(B) by adding at the end the following new subsection:
``(h) Sunset of Program.--
``(1) In general.--The program shall not apply to
applicable drugs dispensed on or after January 1, 2025, and,
subject to paragraph (2), agreements under this section shall
be terminated as of such date.
``(2) Continued application for applicable drugs dispensed
prior to sunset.--The provisions of this section (including
all responsibilities and duties) shall continue to apply
after January 1, 2025, with respect to applicable drugs
dispensed prior to such date.''.
(3) Inclusion of actuarial value of manufacturer discounts
in bids.--Section 1860D-11 of the Social Security Act (42
U.S.C. 1395w-111) is amended--
(A) in subsection (b)(2)(C)(iii)--
(i) by striking ``assumptions regarding the reinsurance''
and inserting ``assumptions regarding--
``(I) the reinsurance''; and
(ii) by adding at the end the following:
``(II) for 2025 and each subsequent year, the manufacturer
discounts provided under section 1860D-14B subtracted from
the actuarial value to produce such bid; and''; and
(B) in subsection (c)(1)(C)--
(i) by striking ``an actuarial valuation of the
reinsurance'' and inserting ``an actuarial valuation of--
``(i) the reinsurance'';
(ii) in clause (i), as added by clause (i) of this
subparagraph, by adding ``and'' at the end; and
(iii) by adding at the end the following:
``(ii) for 2025 and each subsequent year, the manufacturer
discounts provided under section 1860D-14B;''.
(4) Clarification regarding exclusion of manufacturer
discounts from troop.--Section 1860D-2(b)(4) of the Social
Security Act (42 U.S.C. 1395w-102(b)(4)) is amended--
(A) in subparagraph (C), by inserting ``and subject to
subparagraph (F)'' after ``subparagraph (E)''; and
(B) by adding at the end the following new subparagraph:
``(F) Clarification regarding exclusion of manufacturer
discounts.--In applying subparagraph (A), incurred costs
shall not include any manufacturer discounts provided under
section 1860D-14B.''.
(e) Determination of Allowable Reinsurance Costs.--Section
1860D-15(b) of the Social Security Act (42 U.S.C. 1395w-
115(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``costs.--For purposes'' and inserting
``costs.--
``(A) In general.--Subject to subparagraph (B), for
purposes''; and
(B) by adding at the end the following new subparagraph:
``(B) Inclusion of manufacturer discounts on applicable
drugs.--For purposes of applying subparagraph (A), the term
`allowable reinsurance costs' shall include the portion of
the negotiated price (as defined in section 1860D-14B(g)(6))
of an applicable drug (as defined in section 1860D-14B(g)(2))
that was paid by a manufacturer under the manufacturer
discount program under section 1860D-14B.''; and
(2) in paragraph (3)--
(A) in the first sentence, by striking ``For purposes'' and
inserting ``Subject to paragraph (2)(B), for purposes''; and
(B) in the second sentence, by inserting ``or, in the case
of an applicable drug, by a manufacturer'' after ``by the
individual or under the plan''.
(f) Updating Risk Adjustment Methodologies To Account for
Part D Modernization Redesign.--Section 1860D-15(c) of the
Social Security Act (42 U.S.C. 1395w-115(c)) is amended by
adding at the end the following new paragraph:
``(3) Updating risk adjustment methodologies to account for
part d modernization redesign.--The Secretary shall update
the risk adjustment methodologies used to adjust bid amounts
pursuant to this subsection as appropriate to take into
account changes in benefits under this part pursuant to the
amendments made by section 121 of the Prescription Drug
Pricing Reduction Act of 2022.''.
(g) Conditions for Coverage of Drugs Under This Part.--
Section 1860D-43 of the Social Security Act (42 U.S.C. 1395w-
153) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) participate in the manufacturer discount program
under section 1860D-14B;
``(5) have entered into and have in effect an agreement
described in subsection (b) of such section 1860D-14B with
the Secretary; and
``(6) have entered into and have in effect, under terms and
conditions specified by the Secretary, a contract with a
third party that the Secretary has entered into a contract
with under subsection (d)(3) of such section 1860D-14B.'';
(2) by striking subsection (b) and inserting the following:
``(b) Effective Date.--Paragraphs (1) through (3) of
subsection (a) shall apply to covered part D drugs dispensed
under this part on or after January 1, 2011, and before
January 1, 2025, and paragraphs (4) through (6) of such
subsection shall apply to covered part D drugs dispensed on
or after January 1, 2025.''; and
(3) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) the Secretary determines that in the period beginning
on January 1, 2011, and ending on December 31, 2011 (with
respect to paragraphs (1) through (3) of subsection (a)), or
the period beginning on January 1, 2025, and ending December
31, 2025 (with respect to paragraphs (4) through (6) of such
subsection), there were extenuating circumstances.''.
(h) Conforming Amendments.--
(1) Section 1860D-2 of the Social Security Act (42 U.S.C.
1395w-102) is amended--
(A) in subsection (a)(2)(A)(i)(I), by striking ``, or an
increase in the initial'' and inserting ``or for a year
preceding 2025 an increase in the initial'';
[[Page S4382]]
(B) in subsection (c)(1)(C)--
(i) in the subparagraph heading, by striking ``at initial
coverage limit''; and
(ii) by inserting ``for a year preceding 2025 or the annual
out-of-pocket threshold specified in subsection (b)(4)(B) for
the year for 2025 and each subsequent year'' after
``subsection (b)(3) for the year'' each place it appears; and
(C) in subsection (d)(1)(A), by striking ``or an initial''
and inserting ``or for a year preceding 2025 an initial''.
(2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act
(42 U.S.C. 1395w-104(a)(4)(B)(i)) is amended by striking
``the initial'' and inserting ``for a year preceding 2025,
the initial''.
(3) Section 1860D-14(a) of the Social Security Act (42
U.S.C. 1395w-114(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``The continuation''
and inserting ``For a year preceding 2025, the
continuation'';
(ii) in subparagraph (D)(iii), by striking ``1860D-
2(b)(4)(A)(i)(I)'' and inserting ``1860D-
2(b)(4)(A)(i)(I)(aa)''; and
(iii) in subparagraph (E), by striking ``The elimination''
and inserting ``For a year preceding 2025, the elimination'';
and
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``The continuation''
and inserting ``For a year preceding 2025, the
continuation''; and
(ii) in subparagraph (E)--
(I) by inserting ``for a year preceding 2025,'' after
``subsection (c)''; and
(II) by striking ``1860D-2(b)(4)(A)(i)(I)'' and inserting
``1860D-2(b)(4)(A)(i)(I)(aa)''.
(4) Section 1860D-21(d)(7) of the Social Security Act (42
U.S.C. 1395w-131(d)(7)) is amended by striking ``section
1860D-2(b)(B)(4)(B)(i)'' and inserting ``section 1860D-
2(b)(B)(4)(C)(i)''.
(5) Section 1860D-22(a)(2)(A) of the Social Security Act
(42 U.S.C. 1395w-132(a)(2)(A)) is amended--
(A) by striking ``the value of any discount'' and inserting
the following: ``the value of--
``(i) for years prior to 2025, any discount'';
(B) in clause (i), as inserted by subparagraph (A) of this
paragraph, by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following new clause:
``(ii) for 2025 and each subsequent year, any discount
provided pursuant to section 1860D-14B.''.
(6) Section 1860D-41(a)(6) of the Social Security Act (42
U.S.C. 1395w-151(a)(6)) is amended--
(A) by inserting ``for a year before 2025'' after ``1860D-
2(b)(3)''; and
(B) by inserting ``for such year'' before the period.
(i) Effective Date.--The amendments made by this section
shall apply to plan year 2025 and subsequent plan years.
SEC. 121A. MAXIMUM MONTHLY CAP ON COST-SHARING PAYMENTS UNDER
PRESCRIPTION DRUG PLANS AND MA-PD PLANS.
(a) In General.--Section 1860D-2(b) of the Social Security
Act (42 U.S.C. 1395w-102(b)), as amended by section 121, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``and (D)'' and
inserting ``, (D), and (E)''; and
(B) by adding at the end the following new subparagraph:
``(E) Maximum monthly cap on cost-sharing payments.--
``(i) In general.--For plan years beginning on or after
January 1, 2025, the Secretary shall, through notice and
comment rulemaking, establish a process under which each PDP
sponsor offering a prescription drug plan and each MA
organization offering an MA-PD plan shall provide to any
enrollee, including an enrollee who is a subsidy eligible
individual (as defined in paragraph (3) of section 1860D-
14(a)), the option to elect with respect to a plan year to
have their monthly cost-sharing payments under the plan
capped in accordance with this subparagraph.
``(ii) Determination of maximum monthly cap.--For each
month in the plan year after an enrollee in a prescription
drug plan or an MA-PD plan has made an election pursuant to
clause (i), the PDP sponsor or MA organization shall
determine a maximum monthly cap (as defined in clause (iv))
for such enrollee.
``(iii) Beneficiary monthly payments.--With respect to an
enrollee who has made an election pursuant to clause (i), for
each month described in clause (ii), the PDP sponsor or MA
organization shall bill such enrollee an amount (not to
exceed the maximum monthly cap) for the out-of-pocket costs
of such enrollee in such month.
``(iv) Maximum monthly cap defined.--In this subparagraph,
the term `maximum monthly cap' means, with respect to an
enrollee--
``(I) for the first month in which this subparagraph
applies, an amount determined by calculating--
``(aa) the annual out-of-pocket threshold specified in
paragraph (4)(B) minus the incurred costs of the enrollee as
described in paragraph (4)(C); divided by
``(bb) the number of months remaining in the plan year; and
``(II) for a subsequent month, an amount determined by
calculating--
``(aa) the sum of any remaining out-of-pocket costs owed by
the enrollee from a previous month that have not yet been
billed to the enrollee and any additional costs incurred by
the enrollee; divided by
``(bb) the number of months remaining in the plan year.
``(v) Additional requirements.--The following requirements
shall apply with respect to the option to make an election
pursuant to clause (i) under this subparagraph:
``(I) Secretarial responsibilities.--The Secretary shall
provide information to part D eligible individuals on the
option to make such election through educational materials,
including through the notices provided under section 1804(a).
``(II) Timing of election.--An enrollee in a prescription
drug plan or an MA-PD plan may make such an election--
``(aa) prior to the beginning of the plan year; or
``(bb) in any month during the plan year.
``(III) PDP sponsor and ma organization responsibilities.--
Each PDP sponsor offering a prescription drug plan or MA
organization offering an MA-PD plan--
``(aa) may not limit the option for an enrollee to make
such an election to certain covered part D drugs;
``(bb) shall, prior to the plan year, notify prospective
enrollees of the option to make such an election in
promotional materials;
``(cc) shall include information on such option in enrollee
educational materials;
``(dd) shall have in place a mechanism to notify a pharmacy
during the plan year when an enrollee incurs out-of-pocket
costs with respect to covered part D drugs that make it
likely the enrollee may benefit from making such an election;
``(ee) shall provide that a pharmacy, after receiving a
notification described in item (dd) with respect to an
enrollee, informs the enrollee of such notification;
``(ff) shall ensure that such an election by an enrollee
has no effect on the amount paid to pharmacies (or the timing
of such payments) with respect to covered part D drugs
dispensed to the enrollee; and
``(gg) shall have in place a financial reconciliation
process to correct inaccuracies in payments made by an
enrollee under this subparagraph with respect to covered part
D drugs during the plan year.
``(IV) Failure to pay amount billed.--If an enrollee fails
to pay the amount billed for a month as required under this
subparagraph, the election of the enrollee pursuant to clause
(i) shall be terminated and enrollee shall pay the cost-
sharing otherwise applicable for any covered part D drugs
subsequently dispensed to the enrollee up to the annual out-
of-pocket threshold specified in paragraph (4)(B).
``(V) Clarification regarding past due amounts.--Nothing in
this subparagraph shall be construed as prohibiting a PDP
sponsor or an MA organization from billing an enrollee for an
amount owed under this subparagraph.
``(VI) Treatment of unsettled balances.--Any unsettled
balances with respect to amounts owed under this subparagraph
shall be treated as plan losses and the Secretary shall not
be liable for any such balances outside of those assumed as
losses estimated in plan bids.''; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``and subject to
subparagraph (F)'' and inserting ``and subject to
subparagraphs (F) and (G)''; and
(B) by adding at the end the following new subparagraph:
``(G) Inclusion of costs paid under maximum monthly cap
option.--In applying subparagraph (A), with respect to an
enrollee who has made an election pursuant to clause (i) of
paragraph (2)(E), costs shall be treated as incurred if such
costs are paid by a PDP sponsor or an MA organization under
the process provided under such paragraph.''.
(b) Application to Alternative Prescription Drug
Coverage.--Section 1860D-2(c) of the Social Security Act (42
U.S.C. 1395w-102(c)) is amended by adding at the end the
following new paragraph:
``(4) Same maximum monthly cap on cost-sharing.--For plan
years beginning on or after January 1, 2025, the maximum
monthly cap on cost-sharing payments under the process
provided under subsection (b)(2)(E) shall apply to such
coverage.''.
SEC. 121B. REQUIRING PHARMACY-NEGOTIATED PRICE CONCESSIONS,
PAYMENT, AND FEES TO BE INCLUDED IN NEGOTIATED
PRICES AT THE POINT-OF-SALE UNDER PART D OF THE
MEDICARE PROGRAM.
Section 1860D-2(d)(1)(B) of the Social Security Act (42
U.S.C. 1395w-102(d)(1)(B)) is amended--
(1) by striking ``prices.--For purposes'' and inserting
``prices.--
``(i) In general.--For purposes''; and
(2) by adding at the end the following new clause:
``(ii) Prices negotiated with pharmacy at point-of-sale.--
For plan years beginning on or after January 1, 2024, a
negotiated price for a covered part D drug described in
clause (i) shall be the approximate lowest possible
reimbursement for such drug negotiated with the pharmacy
dispensing such drug, and shall include all contingent and
noncontingent price concessions, payments, and fees
negotiated with such pharmacy, but shall not include positive
incentive payments paid or to be paid to such pharmacy. Such
negotiated price shall be provided at the point-of-sale of
such drug.''.
SEC. 122. PUBLIC DISCLOSURE OF DRUG DISCOUNTS AND OTHER
PHARMACY BENEFIT MANAGER (PBM) PROVISIONS.
(a) Public Disclosure of Drug Discounts.--
[[Page S4383]]
(1) In general.--Section 1150A of the Social Security Act
(42 U.S.C. 1320b-23) is amended--
(A) in subsection (c), in the matter preceding paragraph
(1), by striking ``this section'' and inserting ``subsection
(b)(1)''; and
(B) by adding at the end the following new subsection:
``(e) Public Availability of Certain Information.--
``(1) In general.--Subject to paragraphs (2) and (3), in
order to allow patients and employers to compare PBMs'
ability to negotiate rebates, discounts, and price
concessions and the amount of such rebates, discounts, and
price concessions that are passed through to plan sponsors,
not later than July 1, 2024, the Secretary shall make
available on the Internet website of the Department of Health
and Human Services the information provided to the Secretary
and described in paragraphs (2) and (3) of subsection (b)
with respect to each PBM.
``(2) Lag in data.--The information made available in a
plan year under paragraph (1) shall not include information
with respect to such plan year or the two preceding plan
years.
``(3) Confidentiality.--The Secretary shall ensure that
such information is displayed in a manner that prevents the
disclosure of information on rebates, discounts, and price
concessions with respect to an individual drug or an
individual PDP sponsor, MA organization, or qualified health
benefits plan.''.
(2) Effective date.--The amendment made by paragraph (1)(A)
shall take effect on January 1, 2024.
(b) Plan Audit of Pharmacy Benefit Manager Data.--Section
1860D-2(d)(3) of the Social Security Act (42 U.S.C. 1395w-
102(d)(3)) is amended--
(1) by striking ``Audits.--To protect'' and inserting the
following: ``Audits.--
``(A) Audits of plans by the secretary.--To protect''; and
(2) by adding at the end the following new subparagraph:
``(B) Audits of pharmacy benefit managers by pdp sponsors
and ma organizations.--
``(i) In general.--Beginning January 1, 2024, in order to
ensure that--
``(I) contracting terms between a PDP sponsor offering a
prescription drug plan or an MA organization offering an MA-
PD plan and its contracted or owned pharmacy benefit manager
are met; and
``(II) the PDP sponsor and MA organization can account for
the cost of each covered part D drug net of all direct and
indirect remuneration;
the PDP sponsor or MA organization shall conduct financial
audits.
``(ii) Independent third party.--An audit described in
clause (i) shall--
``(I) be conducted by an independent third party; and
``(II) account and reconcile flows of funds that determine
the net cost of covered part D drugs, including direct and
indirect remuneration from drug manufacturers and pharmacies
or provided to pharmacies.
``(iii) Rebate agreements.--A PDP sponsor and an MA
organization shall require pharmacy benefit managers to make
rebate contracts with drug manufacturers made on their behalf
available under audits described in clause (i).
``(iv) Confidentiality agreements.--Audits described in
clause (i) shall be subject to confidentiality agreements to
prevent, except as required under clause (vii), the
redisclosure of data transmitted under the audit.
``(v) Frequency.--A financial audit under clause (i) shall
be conducted periodically (but in no case less frequently
than once every 2 years).
``(vi) Timeframe for pbm to provide information.--A PDP
sponsor and an MA organization shall require that a pharmacy
benefit manager that is being audited under clause (i)
provide (as part of their contracting agreement) the
requested information to the independent third party
conducting the audit within 45 days of the date of the
request.
``(vii) Submission of audit reports to the secretary.--
``(I) In general.--A PDP sponsor and an MA organization
shall submit to the Secretary the final report on any audit
conducted under clause (i) within 30 days of the PDP sponsor
or MA organization receiving the report from the independent
third party conducting the audit.
``(II) Review.--The Secretary shall review final reports
submitted under clause (i) to determine the extent to which
the goals specified in subclauses (I) and (II) of
subparagraph (B)(i) are met.
``(III) Confidentiality.--Notwithstanding any other
provision of law, information disclosed in a report submitted
under clause (i) related to the net cost of a covered part D
drug is confidential and shall not be disclosed by the
Secretary or a Medicare contractor.
``(viii) Notice of noncompliance.--A PDP sponsor and an MA
organization shall notify the Secretary if any pharmacy
benefit manager is not complying with requests for access to
information required under an audit under clause (i).
``(ix) Civil monetary penalties.--
``(I) In general.--Subject to subclause (II), if the
Secretary determines that a PDP sponsor or an MA organization
has failed to conduct an audit under clause (i), the
Secretary may impose a civil monetary penalty of not more
than $10,000 for each day of such noncompliance.
``(II) Procedure.--The provisions of section 1128A, other
than subsections (a) and (b) and the first sentence of
subsection (c)(1) of such section, shall apply to civil
monetary penalties under this clause in the same manner as
such provisions apply to a penalty or proceeding under
section 1128A.''.
(c) Disclosure to Pharmacy of Post-Point-of-Sale Pharmacy
Price Concessions and Incentive Payments.--Section 1860D-
2(d)(2) of the Social Security Act (42 U.S.C. 1395w-
102(d)(2)) is amended--
(1) by striking ``Disclosure.--A PDP sponsor'' and
inserting the following: ``Disclosure.--
``(A) To the secretary.--A PDP sponsor''; and
(2) by adding at the end the following new subparagraph:
``(B) To pharmacies.--
``(i) In general.--For plan year 2024 and subsequent plan
years, a PDP sponsor offering a prescription drug plan and an
MA organization offering an MA-PD plan shall report any
pharmacy price concession or incentive payment that occurs
with respect to a pharmacy after payment for covered part D
drugs at the point-of-sale, including by an intermediary
organization with which a PDP sponsor or MA organization has
contracted, to the pharmacy.
``(ii) Timing.--The reporting of price concessions and
incentive payments to a pharmacy under clause (i) shall be
made on a periodic basis (but in no case less frequently than
annually).
``(iii) Claim level.--The reporting of price concessions
and incentive payments to a pharmacy under clause (i) shall
be at the claim level or approximated at the claim level if
the price concession or incentive payment was applied at a
level other than at the claim level.''.
(d) Disclosure of P&T Committee Conflicts of Interest.--
(1) In general.--Section 1860D-4(b)(3)(A) of the Social
Security Act (42 U.S.C. 1395w-104(b)(3)(A)) is amended by
adding at the end the following new clause:
``(iii) Disclosure of conflicts of interest.--With respect
to plan year 2024 and subsequent plan years, a PDP sponsor of
a prescription drug plan and an MA organization offering an
MA-PD plan shall, as part of its bid submission under section
1860D-11(b), provide the Secretary with a completed statement
of financial conflicts of interest, including with
manufacturers, from each member of any pharmacy and
therapeutic committee used by the sponsor or organization
pursuant to this paragraph.''.
(2) Inclusion in bid.--Section 1860D-11(b)(2) of the Social
Security Act (42 U.S.C. 1395w-111(b)(2)) is amended--
(A) by redesignating subparagraph (F) as subparagraph (G);
and
(B) by inserting after subparagraph (E) the following new
subparagraph:
``(F) P&T committee conflicts of interest.--The information
required to be disclosed under section 1860D-
4(b)(3)(A)(iii).''.
(e) Information on Direct and Indirect Remuneration
Required To Be Included in Bid.--Section 1860D-11(b) of the
Social Security Act (42 U.S.C. 1395w-111(b)) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``With respect to actual amounts of direct and
indirect remuneration submitted pursuant to clause (v) of
paragraph (2), such amounts shall be consistent with data
reported to the Secretary in a prior year.''; and
(2) in paragraph (2)(C)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting the following: ``, and, with respect to plan year
2024 and subsequent plan years, actual and projected
administrative expenses assumed in the bid, categorized by
the type of such expense, including actual and projected
price concessions retained by a pharmacy benefit manager;
and''; and
(C) by adding at the end the following new clause:
``(v) with respect to plan year 2024 and subsequent plan
years, actual and projected direct and indirect remuneration,
categorized as received from each of the following:
``(I) A pharmacy.
``(II) A manufacturer.
``(III) A pharmacy benefit manager.
``(IV) Other entities, as determined by the Secretary.''.
SEC. 123. PUBLIC DISCLOSURE OF DIRECT AND INDIRECT
REMUNERATION REVIEW AND AUDIT RESULTS.
Section 1860D-42 of the Social Security Act (42 U.S.C.
1395w-152) is amended by adding at the end the following new
subsection:
``(e) Public Disclosure of Direct and Indirect Remuneration
Review and Financial Audit Results.--
``(1) Direct and indirect remuneration review results.--
``(A) In general.--Except as provided in subparagraph (B),
in 2023 and each subsequent year, the Secretary shall make
available to the public on the Internet website of the
Centers for Medicare & Medicaid Services information on
discrepancies related to summary and detailed direct and
indirect remuneration reports submitted by PDP sponsors
pursuant to section 1860D-15 across all prescription drug
plans based on the most recent data available. Information
made available under this subparagraph shall include the
following:
[[Page S4384]]
``(i) The number of potential discrepancies in summary and
detailed direct and indirect remuneration identified by the
Secretary for PDP sponsors to review.
``(ii) The extent to which PDP sponsors resubmitted summary
direct and indirect remuneration reports to make changes for
previous contract years.
``(iii) The extent to which resubmitted summary direct and
indirect remuneration reports resulted in an increase or
decrease in direct and indirect remuneration in a previous
contract year.
``(B) Exclusion of certain submissions in calculation.--The
Secretary shall exclude any information in direct and
indirect remuneration reports submitted with respect to PACE
programs under section 1894 (pursuant to section 1860D-21(f))
and qualified retiree prescription drug plans (as defined in
section 1860D-22(a)(2)) from the information that is made
available to the public under subparagraph (A).
``(2) Financial audit results.--In 2023 and each subsequent
year, the Secretary shall make available to the public on the
Internet website of the Centers for Medicare & Medicaid
Services data on the results of financial audits required
under section 1860D-12(b)(3)(C). Information made available
under this paragraph shall include the following:
``(A) With respect to a year, the number of PDP sponsors
that received each of the following (or successor
categories), with an indication of the number that pertain to
direct and indirect remuneration:
``(i) A notice of observations or findings.
``(ii) An unqualified audit opinion that renders the audit
closed.
``(iii) A qualified audit opinion that requires the sponsor
to submit a corrective action plan to the Secretary.
``(iv) An adverse opinion, with a description of the types
of actions that the Secretary takes when issuing an adverse
opinion.
``(v) A disclaimed opinion.
``(B) With respect to a year, the number of PDP sponsors--
``(i) that reopened a previously closed reconciliation as a
result of an audit, indicating those that pertain to direct
and indirect remuneration changes; and
``(ii) for which the Secretary recouped a payment or made a
payment as a result of a reopening of a previously closed
reconciliation, indicating when such recoupment or payment
pertains to direct and indirect remuneration.
``(3) No identification of specific pdp sponsors.--The
information to be made available on the Internet website of
the Centers for Medicare & Medicaid Services described in
paragraph (1) and paragraph (2) shall not identity the
specific PDP sponsor to which any determination or action
pertains.
``(4) Definition of direct and indirect remuneration.--For
purposes of this subsection, the term `direct and indirect
remuneration' means direct and indirect remuneration as
described in section 423.308 of title 42, Code of Federal
Regulations, or any successor regulation.''.
SEC. 124. IMPROVEMENTS TO PROVISION OF PARTS A AND B CLAIMS
DATA TO PRESCRIPTION DRUG PLANS.
(a) Data Use.--
(1) In general.--Paragraph (6) of section 1860D-4(c) of the
Social Security Act (42 U.S.C. 1395w-104(c)), as added by
section 50354 of division E of the Bipartisan Budget Act of
2018 (Public Law 115-123), relating to providing prescription
drug plans with parts A and B claims data to promote the
appropriate use of medications and improve health outcomes,
is amended--
(A) in subparagraph (B)--
(i) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively, and moving
such subclauses 2 ems to the right;
(ii) by striking ``Purposes.--A PDP sponsor'' and inserting
Purposes--
``(i) In general.--A PDP sponsor.''; and
(iii) by adding at the end the following new clause:
``(ii) Clarification.--The limitation on data use under
subparagraph (C)(i) shall not apply to the extent that the
PDP sponsor is using the data provided to carry out any of
the purposes described in clause (i).''; and
(B) in subparagraph (C)(i), by striking ``To inform'' and
inserting ``Subject to subparagraph (B)(ii), to inform''.
(2) Effective date.--The amendments made by this subsection
shall apply to plan years beginning on or after January 1,
2024.
(b) Manner of Provision.--Subparagraph (D) of such
paragraph (6) is amended--
(1) by striking ``described.--The data described in this
clause'' and inserting ``described.--
``(i) In general.--The data described in this
subparagraph''; and
(2) by adding at the end the following new clause:
``(ii) Manner of provision.--
``(I) In general.--Such data may be provided pursuant to
this paragraph in the same manner as data under the Part D
Enhanced Medication Therapy Management model tested under
section 1115A, through Application Programming Interface, or
in another manner as determined by the Secretary.
``(II) Implementation.--Notwithstanding any other provision
of law, the Secretary may implement this clause by program
instruction or otherwise.''.
(c) Technical Correction.--Such paragraph (6) is
redesignated as paragraph (7).
SEC. 125. MEDICARE PART D REBATE BY MANUFACTURERS FOR CERTAIN
DRUGS WITH PRICES INCREASING FASTER THAN
INFLATION.
(a) In General.--Subpart 2 of part D of title XVIII of the
Social Security Act is amended by inserting after section
1860D-14B, as added by section 121, the following new
section:
``SEC. 1860D-14C. MANUFACTURER REBATE FOR CERTAIN DRUGS WITH
PRICES INCREASING FASTER THAN INFLATION.
``(a) Requirements.--
``(1) Secretarial provision of information.--
``(A) In general.--Subject to subparagraph (B), not later
than 6 months after the end of each rebate period (as defined
in paragraph (4)(A)) beginning on or after January 1, 2025,
the Secretary shall, for each rebatable covered part D drug
(as defined in paragraph (4)(B)), report to each manufacturer
(as defined in paragraph (4)(C)) of such rebatable covered
part D drug the following for the rebate period:
``(i) Information on the total number of units (as defined
in paragraph (4)(D)) of each dosage form and strength
described in paragraph (1)(A) of subsection (b) for such
rebatable covered part D drug and rebate period.
``(ii) Information on the amount (if any) of the excess
price described in paragraph (1)(B) of such subsection for
such rebatable covered part D drug and rebate period.
``(iii) The rebate amount specified under such subsection
for such rebatable covered part D drug and rebate period.
``(iv) Other information determined appropriate by the
Secretary.
``(B) Transition rule for information in 2025.--
Notwithstanding subparagraph (A), the Secretary may, for each
rebatable covered part D drug, delay the timeframe for
reporting the information and rebate amount described in
clauses (i), (ii), (iii), and (iv) of such subparagraph for
rebate periods in 2025 until not later than December 31,
2026.
``(2) Manufacturer rebate.--
``(A) In general.--Subject to subparagraph (B), for each
rebate period beginning on or after January 1, 2025, each
manufacturer of a rebatable covered part D drug shall, not
later than 30 days after the date of receipt from the
Secretary of the information and rebate amount pursuant to
paragraph (1), provide to the Secretary a rebate that is
equal to the amount specified in subsection (b) for such drug
for such rebate period.
``(B) Exemption for shortages.--The Secretary may reduce or
waive the rebate under this paragraph with respect to a
rebatable covered part D drug that is listed on the drug
shortage list maintained by the Food and Drug Administration
pursuant to section 506E of the Federal Food, Drug, and
Cosmetic Act.
``(3) Request for reconsideration.--The Secretary shall
establish procedures under which a manufacturer of a
rebatable covered part D drug may request a reconsideration
by the Secretary of the rebate amount specified under
subsection (b) for such drug and rebate period, as reported
to the manufacturer pursuant to paragraph (1). Timing for a
reconsideration shall be coordinated with the timing of
reconciliation, as described in subsection (b)(6) and as
determined appropriate by the Secretary.
``(4) Definitions.--In this section:
``(A) Rebate period.--
``(i) In general.--Subject to clause (ii), the term `rebate
period' means, with respect to a year, each of the six month
periods that begin on January 1 and July 1 of the year.
``(ii) Initial rebate period for subsequently approved
drugs.--In the case of a rebatable covered part D drug
described in subsection (c), the initial rebate period for
which a rebate amount is determined for such rebatable
covered part D drug pursuant to such subsection shall be the
period beginning with the first month after the last day of
the six month period that begins on the day on which the drug
was first marketed and ending on the last day of the first
full rebate period under clause (i) that follows the last day
of such six month period.
``(B) Rebatable covered part d drug.--The term `rebatable
covered part D drug' means a covered part D drug approved
under a new drug application under section 505(c) of the
Federal Food, Drug, and Cosmetic Act or, in the case of a
biologic product, licensed under section 351(a) of the Public
Health Service Act.
``(C) Manufacturer.--The term `manufacturer' has the
meaning given such term in section 1860D--14A(g).
``(D) Units.--The term `units' means, with respect to a
rebatable covered part D drug, the lowest common quantity
(such as the number of capsules or tablets, milligrams of
molecules, or grams) of such drug dispensed to individuals
under this part.
``(E) Price.--The term `price' means, with respect to a
rebatable covered part D drug, the wholesale acquisition cost
(as defined in section 1847A(c)(6)(B)) for such drug.
``(b) Rebate Amount.--
``(1) In general.--Subject to subsection (e)(2), the amount
of the rebate specified in this subsection for a rebate
period, with respect to each dosage form and strength of a
rebatable covered part D drug, is the amount equal to the
product of--
``(A) the total number of units of such dosage form and
strength for each rebatable covered part D drug during the
rebate period; and
``(B) the amount (if any) by which--
[[Page S4385]]
``(i) the unit-weighted average price for such dosage form
and strength of the drug determined under paragraph (2) for
the rebate period; exceeds
``(ii) the inflation-adjusted price for such dosage form
and strength determined under paragraph (3) for the rebate
period.
``(2) Determination of unit-weighted average price.--
``(A) In general.--The unit-weighted average price
determined under this paragraph for a rebate period, with
respect to each dosage form and strength of a rebatable
covered Part D drug, is the sum of the products of--
``(i) the weighted average price determined under
subparagraph (B) with respect to each package size of such
dosage form and strength dispensed during the rebate period;
and
``(ii) the ratio of--
``(I) the total number of units of such package size
dispensed during the rebate period; to
``(II) the total number of units of such dosage form and
strength of such drug dispensed during such rebate period.
``(B) Computation of weighted average price.--The weighted
average price, with respect to each package size of such
dosage form and strength of a rebatable covered part D drug
dispensed during a rebate period, is the sum of the products
of--
``(i) each price, as calculated for a unit of such drug,
applicable to each package size of such dosage form and
strength of such drug during the rebate period; and
``(ii) the ratio of--
``(I) the number of days for which each such price is
applicable during the rebate period; to
``(II) the total number of days in such rebate period.
``(3) Determination of inflation-adjusted price.--
``(A) In general.--The inflation-adjusted price determined
under this paragraph for a rebate period, with respect to
each dosage form and strength of a rebatable covered part D
drug, is--
``(i) the benchmark unit-weighted price determined under
subparagraph (B) for the rebate period; increased by
``(ii) the percentage by which the rebate period CPI-U (as
defined in paragraph (4)) for the rebate period exceeds the
benchmark CPI-U (as defined in paragraph (5)).
``(B) Determination of benchmark unit-weighted price.--The
benchmark unit-weighted price determined under this
subparagraph for a rebate period, with respect to each dosage
form and strength of a rebatable covered part D drug, is the
sum of the products of--
``(i) each price, as calculated for a unit of such drug,
applicable to each package size of such dosage form and
strength of such drug on July 1, 2021; and
``(ii) the ratio of--
``(I) the total number of units of such package size
dispensed on July 1, 2021; to
``(II) the total number of units of such dosage form and
strength dispensed on July 1, 2021.
``(4) Benchmark cpi-u.--The term `benchmark CPI-U' means
the consumer price index for all urban consumers (United
States city average) for July 2021.
``(5) Rebate period cpi-u.--The term `rebate period CPI-U'
means, with respect to a rebate period, the consumer price
index for all urban consumers (United States city average)
for the last month of the rebate period.
``(6) Annual reconciliation of rebate amount.--The
Secretary shall, on an annual basis, conduct a one-time
reconciliation of the rebate amounts owed by a manufacturer
under this section based on any changes submitted by a PDP
sponsor of a prescription drug plan or an MA organization
offering an MA-PD plan to the number of units of a rebatable
covered part D drug dispensed during the preceding year. Such
reconciliation shall be completed not later than 6 months
after the date by which the Secretary reconciles payment for
covered part D drugs with PDP sponsors of prescription drug
plans or MA organizations offering MA-PD plans.
``(c) Treatment of Subsequently Approved Drugs.--Subject to
subsection (e)(2), in the case of a rebatable covered part D
drug first approved or licensed by the Food and Drug
Administration after July 1, 2021--
``(1) subparagraph (A)(ii) of subsection (b)(3) shall be
applied as if the term `benchmark CPI-U' were defined under
subsection (b)(4) as if the reference to `July 2021' under
such subsection were a reference to `the first month after
the last day of the six month period that begins on the day
on which the drug was first marketed'; and
``(2) subsection (b)(3) shall be applied by substituting,
for the benchmark unit-weighted price otherwise determined
under subparagraph (B) of such subsection, the benchmark
unit-weighted average price determined under paragraph (3)
for the rebate period;
``(3) the benchmark unit-weighted average price determined
under this paragraph for a rebate period, with respect to
each dosage form and strength of a rebatable covered part D
drug, is the sum of the products of--
``(A) the subsequently rebatable drug weighted average
price determined under paragraph (4) with respect to each
package size of such dosage form and strength of such drug
dispensed during the six month period that begins on the day
on which the drug was first marketed; and
``(B) the ratio of--
``(i) the total number of units of such package size
dispensed during the six month period that begins on the day
on which the drug was first marketed; to
``(ii) the total number of units of such dosage form and
strength of such drug dispensed during such six month period;
and
``(4) the subsequently rebatable drug weighted average
price, with respect to each package size of such dosage form
and strength of such rebatable covered part D drug dispensed
during the six month period that begins on the day on which
the drug was first marketed, is the sum of the products of--
``(A) each price, as calculated for a unit of such drug,
applicable to each package size of such dosage form and
strength of such drug during the six month period that begins
on the day on which the drug was first marketed; and
``(B) the ratio of--
``(i) the number of days for which each such price is
applicable during such six month period; to
``(ii) the total number of days in such six month period.
``(d) Rebate Deposits.--Amounts paid as rebates under
subsection (b) shall be deposited into the Federal
Supplementary Medical Insurance Trust Fund established under
section 1841.
``(e) Administration.--
``(1) Periodic audits.--The Secretary shall permit a
manufacturer of a rebatable covered part D drug to conduct
periodic audits, directly or through contracts, of the data
and information used to determine the rebate amount for such
drug under this section.
``(2) Special rules for calculation of benchmark unit-
weighted price and benchmark-unit-weighted average price.--
``(A) Benchmark unit-weighted price.--In the case that the
benchmark unit-weighted price of a dosage form and strength
of a rebatable covered part D drug is determined under
subsection (b)(3)(B) to be $0 due to no units of such dosage
form and strength of such drug being dispensed on July 1,
2021, the Secretary may use a calculation, as determined
appropriate by the Secretary, to determine the benchmark-unit
weighted price for such dosage form and strength of such drug
that is different than the calculation described in such
subsection.
``(B) Benchmark unit-weighted average price.--In the case
that the benchmark unit-weighted average price of a dosage
form and strength of a rebatable covered part D drug
described under subsection (c) is determined under paragraph
(3) of such subsection to be $0 due to no units of such
dosage form and strength of such drug being dispensed during
the six month period that begins on the day on which the drug
was first marketed, the Secretary may use a calculation, as
determined appropriate by the Secretary, to determine the
benchmark-unit weighted average price for such dosage form
and strength of such drug that is different than the
calculation described in such paragraph.
``(3) Administration.--Chapter 35 of title 44, United
States Code, shall not apply to the program under this
section.
``(4) Judicial review.--There shall be no administrative or
judicial review under section 1869, section 1878, or
otherwise of the determination of the rebate amount under
subsection (b), including with respect to a subsequently
approved drug pursuant to subsection (c), including--
``(A) the determination of--
``(i) the total number of units of each rebatable covered
part D drug under subsection (b)(1)(A);
``(ii) the unit-weighted average price under subsection
(b)(2);
``(iii) the inflation-adjusted price under subsection
(b)(3);
``(iv) the benchmark unit-weighted average price under
subsection (c)(3); and
``(v) the subsequently rebatable drug weighted average
price under subsection (c)(4); and
``(B) the application of special rules for calculation of
benchmark unit-weighted price and benchmark unit-weighted
average price under paragraph (2) of this subsection.
``(f) Civil Money Penalty.--
``(1) In general.--The Secretary shall impose a civil money
penalty on a manufacturer that fails to comply with the
requirements under subsection (a)(2) with respect to
providing a rebate for a rebatable covered part D drug for a
rebate period for each such failure in an amount equal to the
sum of--
``(A) the rebate amount determined pursuant to subsection
(b) for such drug for such rebate period; and
``(B) 25 percent of such amount.
``(2) Application.--The provisions of section 1128A (other
than subsections (a) and (b)) shall apply to a civil money
penalty under this subsection in the same manner as such
provisions apply to a penalty or proceeding under section
1128A(a).
``(g) Rule of Construction.--Nothing in this section shall
be construed as having any effect on--
``(1) any formulary design under section 1860D-4(b)(3); or
``(2) any discounts provided under the coverage gap
discount program under section 1860D-14A or the manufacturer
catastrophic discount program under section 1860D-14B.
``(h) Rebate Agreement.--
``(1) In general.--The Secretary shall enter into
agreements described in paragraph (2) with manufacturers.
``(2) Terms of agreement.--
[[Page S4386]]
``(A) In general.--A rebate agreement under this paragraph
shall require the manufacturer to provide to the Secretary
rebates required under subsection (a)(2)(A) with respect to a
rebate period.
``(B) Manufacturer provision of price and drug product
information.--Each manufacturer with an agreement in effect
under this subsection shall report to the Secretary, with
respect to each rebatable covered part D drug of the
manufacturer, at a time specified by the Secretary--
``(i) for each calendar month under the rebate agreement--
``(I) each wholesale acquisition cost (as defined in
section 1847A(c)(6)) applicable during the month, applicable
to each National Drug Code for the dosage form and strength
of such rebatable covered part D drug; and
``(II) the number of days with respect to which each
wholesale acquisition cost reported was applicable;
``(ii) the wholesale acquisition cost (as so defined)
applicable on July 1, 2021, applicable to each National Drug
Code for the dosage form and strength of such rebatable
covered part D drug (or, in the case of a rebatable covered
part D drug first approved or licensed by the Food and Drug
Administration after July 1, 2021, each wholesale acquisition
cost applicable to each National Drug Code of each dosage
form and strength of the rebatable covered part D drug of the
manufacturer during the six month period that begins on the
day on which the drug was first marketed); and
``(iii) such other information as the Secretary shall
require.
Information reported under this subparagraph is subject to
audit by the Inspector General of the Department of Health
and Human Services.
``(3) Civil money penalties.--The provisions of
subparagraph (C) of section 1927(b)(3) shall apply with
respect to information required pursuant to paragraph (2)(B)
of this subsection and the failure to provide such
information in the same manner and to the same extent as such
provisions apply with respect to information required under
subparagraph (A) of such section 1927(b)(3) and the failure
to provide such information.
``(4) Coordination.--The Secretary may coordinate rebate
agreements required under this subsection with agreements
required under section 1860D-14B.
``(i) Funding.--
``(1) In general.--There are appropriated to the Secretary,
from the Federal Supplementary Medical Insurance Trust Fund
established under section 1841--
``(A) for each of calendar years 2022 through 2027,
$4,000,000; and
``(B) for each subsequent calendar year, such sums as are
necessary to carry out this section.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.''.
(b) Conforming Amendments.--
(1) Section 1860D-43 of the Social Security Act (42 U.S.C.
1395w-153), as amended by section 121(g), is amended--
(A) in subsection (a)--
(i) in paragraph (5), by striking ``and'' at the end;
(ii) in paragraph (6), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new paragraph:
``(7) have entered into and have in effect an agreement
described in section 1860D-14C(h)(2) with the Secretary.'';
(B) in subsection (b), by striking ``(6)'' and inserting
``(7)''; and
(C) in subsection (c), by striking ``(6)'' and inserting
``(7)''.
(2) Section 1927(c)(1)(C)(VI) of the Social Security Act
(42 U.S.C. 1396r-8(c)(1)(C)(VI)) is amended--
(A) by striking ``or any discounts'' and inserting ``any
discounts''; and
(B) by inserting ``, or any rebates under section 1860D-
14C'' before the period.
SEC. 126. PROHIBITING BRANDING ON PART D BENEFIT CARDS.
(a) In General.--Section 1851(j)(2)(B) of the Social
Security Act (42 U.S.C. 1395w-21(j)(2)(B)) is amended by
striking ``co-branded network provider'' and inserting ``co-
branded, co-owned, or affiliated network provider, pharmacy,
or pharmacy benefit manager''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to plan years beginning on or after January 1,
2024.
SEC. 127. REQUIRING PRESCRIPTION DRUG PLANS AND MA-PD PLANS
TO REPORT POTENTIAL FRAUD, WASTE, AND ABUSE TO
THE SECRETARY OF HHS.
Section 1860D-4 of the Social Security Act (42 U.S.C.
1395w-104) is amended by adding at the end the following new
subsection:
``(p) Reporting Potential Fraud, Waste, and Abuse.--
Beginning January 1, 2023, the PDP sponsor of a prescription
drug plan shall report to the Secretary, as specified by the
Secretary--
``(1) any substantiated or suspicious activities (as
defined by the Secretary) with respect to the program under
this part as it relates to fraud, waste, and abuse; and
``(2) any steps made by the PDP sponsor after identifying
such activities to take corrective actions.''.
SEC. 128. ESTABLISHMENT OF PHARMACY QUALITY MEASURES UNDER
MEDICARE PART D.
Section 1860D-4(c) of the Social Security Act (42 U.S.C.
1395w-104(c)), as amended by section 124, is amended by
adding at the end the following new paragraph:
``(8) Application of pharmacy quality measures.--
``(A) In general.--A PDP sponsor that makes incentive
payments to a pharmacy or receives price concessions paid by
a pharmacy based on quality measures shall, for the purposes
of such incentive payments or price concessions with respect
to covered part D drugs dispensed by such pharmacy, only use
measures--
``(i) established or adopted by the Secretary under
subparagraph (B), as listed under clause (ii) of such
subparagraph; and
``(ii) that are relevant to the performance of such
pharmacy with respect to areas that the pharmacy can impact.
``(B) Standard pharmacy quality measures.--
``(i) In general.--Notwithstanding any other provision of
law, the Secretary shall establish or adopt quality measures
from one or more multi-stakeholder, consensus organizations
to be used by a PDP sponsor for the purposes of determining
incentive payments and price concessions described in
subparagraph (A). Such measures shall be evidence-based and
focus on pharmacy performance on patient health outcomes and
other areas, as determined by the Secretary, that the
pharmacy can impact.
``(ii) Maintenance of list.--The Secretary shall maintain a
single list of measures established or adopted under this
subparagraph.
``(C) Effective date.--The requirement under subparagraph
(A) shall take effect for plan years beginning on January 1,
2024, or such earlier date specified by the Secretary if the
Secretary determines there are sufficient measures
established or adopted under subparagraph (B) for the
purposes of the requirement under subparagraph (A).''.
SEC. 129. ADDITION OF NEW MEASURES BASED ON ACCESS TO
BIOSIMILAR BIOLOGICAL PRODUCTS TO THE 5-STAR
RATING SYSTEM UNDER MEDICARE ADVANTAGE.
(a) In General.--Section 1853(o)(4) of the Social Security
Act (42 U.S.C. 1395w-23(o)(4)) is amended by adding at the
end the following new subparagraph:
``(E) Addition of new measures based on access to
biosimilar biological products.--
``(i) In general.--For 2028 and subsequent years, the
Secretary shall add a new set of measures to the 5-star
rating system based on access to biosimilar biological
products covered under part B and, in the case of MA-PD
plans, such products that are covered part D drugs. Such
measures shall assess the impact a plan's benefit structure
may have on enrollees' utilization of or ability to access
biosimilar biological products, including in comparison to
the reference biological product, and shall include measures,
as applicable, with respect to the following:
``(I) Coverage.--Assessing whether a biosimilar biological
product is on the plan formulary in lieu of or in addition to
the reference biological product.
``(II) Preferencing.--Assessing tier placement or cost-
sharing for a biosimilar biological product relative to the
reference biological product.
``(III) Utilization management tools.--Assessing whether
and how utilization management tools are used with respect to
a biosimilar biological product relative to the reference
biological product.
``(IV) Utilization.--Assessing the percentage of enrollees
prescribed the biosimilar biological product and the
percentage of enrollees prescribed the reference biological
product when the reference biological product is also on the
plan formulary.
``(ii) Definitions.--In this subparagraph, the terms
`biosimilar biological product' and `reference biological
product' have the meaning given those terms in section
1847A(c)(6).
``(iii) Protecting patient interests.--In developing such
measures, the Secretary shall ensure that each measure
developed to address coverage, preferencing, or utilization
management is constructed such that patients retain access to
appropriate therapeutic options without undue administrative
burden.''.
(b) Clarification Regarding Application to Prescription
Drug Plans.--To the extent the Secretary of Health and Human
Services applies the 5-star rating system under section
1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-
23(o)(4)), or a similar system, to prescription drug plans
under part D of title XVIII of such Act, the provisions of
subparagraph (E) of such section, as added by subsection (a)
of this section, shall apply under the system with respect to
such plans in the same manner as such provisions apply to the
5-star rating system under such section 1853(o)(4).
SEC. 130. FAIRNESS IN THE CALCULATION OF THE PART D PREMIUM.
(a) In General.--Section 1860D-13(a) of the Social Security
Act (42 U.S.C. 1395w-113(a)) is amended--
(1) in paragraph (3)(A), by striking ``25.5 percent'' and
inserting ``the applicable percent (as specified in paragraph
(8))''; and
(2) by adding at the end the following new paragraph:
``(8) Applicable percent.--For purposes of paragraph
(3)(A), the applicable percent specified in this paragraph
is--
``(A) for years prior to 2024, 25.5 percent; and
``(B) for 2024 and subsequent years, 24.5 percent.''.
(b) Conforming Amendments.--
(1) Subsidy.--Section 1860D-15(a) of the Social Security
Act (42 U.S.C. 1395w-115(a)) is
[[Page S4387]]
amended, in the matter preceding paragraph (1), by inserting
``(or, for 2022 and subsequent years, 75.5 percent)'' after
``74.5 percent''.
(2) Fallback area monthly beneficiary premium.--Section
1860D-11(g)(6) of the Social Security Act (42 U.S.C. 1395w-
111(g)(6)) is amended by striking ``25.5 percent'' and
inserting ``the applicable percent (as specified in section
1860D-13(a)(8))''.
(3) Income-related monthly adjustment amount (irmaa).--
Section 1860D-13(a)(7)(B)(i)(II) of the Social Security Act
(42 U.S.C. 1395w-113(a)(7)(B)(i)(II)) is amended by striking
``25.5 percent'' and inserting ``the applicable percent (as
specified in paragraph (8))''.
SEC. 131. HHS STUDY AND REPORT ON THE INFLUENCE OF
PHARMACEUTICAL MANUFACTURER THIRD-PARTY
REIMBURSEMENT HUBS ON HEALTH CARE PROVIDERS WHO
PRESCRIBE THEIR DRUGS AND BIOLOGICALS.
(a) Study.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
conduct a study on the influence of pharmaceutical
manufacturer distribution models that provide third-party
reimbursement hub services on health care providers who
prescribe the manufacturer's drugs and biologicals, including
for Medicare part D beneficiaries.
(2) Requirements.--The study under paragraph (1) shall
include an analysis of the following:
(A) The influence of pharmaceutical manufacturer
distribution models that provide third-party reimbursement
hub services to health care providers who prescribe the
manufacturer's drugs and biologicals, including--
(i) the operations of pharmaceutical manufacturer
distribution models that provide reimbursement hub services
for health care providers who prescribe the manufacturer's
products;
(ii) Federal laws affecting these pharmaceutical
manufacturer distribution models; and
(iii) whether hub services could improperly incentivize
health care providers to deem a drug or biological as
medically necessary under section 423.578 of title 42, Code
of Federal Regulations.
(B) Other areas determined appropriate by the Secretary.
(b) Report.--Not later than July 1, 2024, the Secretary
shall submit to Congress a report on the study conducted
under subsection (a), together with recommendations for such
legislation and administrative action as the Secretary
determines appropriate.
(c) Consultation.--In conducting the study under subsection
(a) and preparing the report under subsection (b), the
Secretary shall consult with the Attorney General.
Subtitle C--Miscellaneous
SEC. 141. DRUG MANUFACTURER PRICE TRANSPARENCY.
Title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by inserting after section 1128K the
following new section:
``SEC. 1128L. DRUG MANUFACTURER PRICE TRANSPARENCY.
``(a) In General.--
``(1) Determinations.--Beginning July 1, 2024, the
Secretary shall make determinations as to whether a drug is
an applicable drug as described in subsection (b).
``(2) Required justification.--If the Secretary determines
under paragraph (1) that an applicable drug is described in
subsection (b), the manufacturer of the applicable drug shall
submit to the Secretary the justification described in
subsection (c) in accordance with the timing described in
subsection (d).
``(b) Applicable Drug Described.--
``(1) In general.--An applicable drug is described in this
subsection if it meets any of the following at the time of
the determination:
``(A) Large increase.--The drug (per dose)--
``(i) has a wholesale acquisition cost of at least $10; and
``(ii) had an increase in the wholesale acquisition cost,
with respect to determinations made--
``(I) during 2022, of at least 100 percent since the date
of the enactment of this section;
``(II) during 2023, of at least 100 percent in the
preceding 12 months or of at least 150 percent in the
preceding 24 months;
``(III) during 2024, of at least 100 percent in the
preceding 12 months or of at least 200 percent in the
preceding 36 months;
``(IV) during 2025, of at least 100 percent in the
preceding 12 months or of at least 250 percent in the
preceding 48 months; or
``(V) on or after January 1, 2026, of at least 100 percent
in the preceding 12 months or of at least 300 percent in the
preceding 60 months.
``(B) High spending with increase.--The drug--
``(i) was in the top 50th percentile of net spending under
title XVIII or XIX (to the extent data is available) during
any 12-month period in the preceding 60 months; and
``(ii) per dose, had an increase in the wholesale
acquisition cost, with respect to determinations made--
``(I) during 2022, of at least 15 percent since the date of
the enactment of this section;
``(II) during 2023, of at least 15 percent in the preceding
12 months or of at least 20 percent in the preceding 24
months;
``(III) during 2024, of at least 15 percent in the
preceding 12 months or of at least 30 percent in the
preceding 36 months;
``(IV) during 2025, of at least 15 percent in the preceding
12 months or of at least 40 percent in the preceding 48
months; or
``(V) on or after January 1, 2026, of at least 15 percent
in the preceding 12 months or of at least 50 percent in the
preceding 60 months.
``(C) High launch price for new drugs.--In the case of a
drug that is marketed for the first time on or after January
1, 2022, and for which the manufacturer has established the
first wholesale acquisition cost on or after such date, such
wholesale acquisition cost for a year's supply or a course of
treatment for such drug exceeds the gross spending for
covered part D drugs at which the annual out-of-pocket
threshold under section 1860D-2(b)(4)(B) would be met for the
year.
``(2) Special rules.--
``(A) Authority of secretary to substitute percentages
within a de minimis range.--For purposes of applying
paragraph (1), the Secretary may substitute for each
percentage described in subparagraph (A) or (B) of such
paragraph (other than the percentile described subparagraph
(B)(i) of such paragraph) a percentage within a de minimis
range specified by the Secretary below the percentage so
described.
``(B) Drugs with high launch prices annually report until a
therapeutic equivalent is available.--In the case of a drug
that the Secretary determines is an applicable drug described
in subparagraph (C) of paragraph (1), such drug shall remain
described in such subparagraph (C) (and the manufacturer of
such drug shall annually report the justification under
subsection (c)(2)) until the Secretary determines that there
is a therapeutic equivalent (as defined in section 314.3 of
title 21, Code of Federal Regulations, or any successor
regulation) for such drug.
``(3) Dose.--For purposes of applying paragraph (1), the
Secretary shall establish a definition of the term `dose'.
``(c) Justification Described.--
``(1) Increase in wac.--In the case of a drug that the
Secretary determines is an applicable drug described in
subparagraph (A) or (B) of subsection (b)(1), the
justification described in this subsection is all relevant,
truthful, and nonmisleading information and supporting
documentation necessary to justify the increase in the
wholesale acquisition cost of the applicable drug of the
manufacturer, as determined appropriate by the Secretary and
which may include the following:
``(A) The individual factors that have contributed to the
increase in the wholesale acquisition cost.
``(B) An explanation of the role of each factor in
contributing to such increase.
``(C) Total expenditures of the manufacturer on--
``(i) materials and manufacturing for such drug;
``(ii) acquiring patents and licensing for each drug of the
manufacturer; and
``(iii) costs to purchase or acquire the drug from another
company, if applicable.
``(D) The percentage of total expenditures of the
manufacturer on research and development for such drug that
was derived from Federal funds.
``(E) The total expenditures of the manufacturer on
research and development for such drug.
``(F) The total revenue and net profit generated from the
applicable drug for each calendar year since drug approval.
``(G) The total expenditures of the manufacturer that are
associated with marketing and advertising for the applicable
drug.
``(H) Additional information specific to the manufacturer
of the applicable drug, such as--
``(i) the total revenue and net profit of the manufacturer
for the period of such increase, as determined by the
Secretary;
``(ii) metrics used to determine executive compensation;
``(iii) any additional information related to drug pricing
decisions of the manufacturer, such as total expenditures
on--
``(I) drug research and development; or
``(II) clinical trials on drugs that failed to receive
approval by the Food and Drug Administration.
``(2) High launch price.--In the case of a drug that the
Secretary determines is an applicable drug described in
subparagraph (C) of subsection (b)(1), the justification
described in this subsection is all relevant, truthful, and
nonmisleading information and supporting documentation
necessary to justify the wholesale acquisition cost of the
applicable drug of the manufacturer, as determined by the
Secretary and which may include the items described in
subparagraph (C) through (H) of paragraph (1).
``(d) Timing.--
``(1) Notification.--Not later than 60 days after the date
on which the Secretary makes the determination that a drug is
an applicable drug under subsection (b), the Secretary shall
notify the manufacturer of the applicable drug of such
determination.
``(2) Submission of justification.--Not later than 180 days
after the date on which a manufacturer receives a
notification under paragraph (1), the manufacturer shall
submit to the Secretary the justification required under
subsection (a).
``(3) Posting on internet website.--
``(A) In general.--Subject to subparagraph (B), not later
than 30 days after receiving the justification under
paragraph (2), the Secretary shall post on the Internet
website of
[[Page S4388]]
the Centers for Medicare & Medicaid Services the
justification, together with a summary of such justification
that is written and formatted using language that is easily
understandable by beneficiaries under titles XVIII and XIX.
``(B) Exclusion of proprietary information.--The Secretary
shall exclude proprietary information, such as trade secrets
and intellectual property, submitted by the manufacturer in
the justification under paragraph (2) from the posting
described in subparagraph (A).
``(e) Exception to Requirement for Submission.--In the case
of a drug that the Secretary determines is an applicable drug
described in subparagraph (A) or (B) of subsection (b)(1),
the requirement to submit a justification under subsection
(a) shall not apply where the manufacturer, after receiving
the notification under subsection (d)(1) with respect to the
applicable drug of the manufacturer, reduces the wholesale
acquisition cost of a drug so that it no longer is described
in such subparagraph (A) or (B) for at least a 4-month
period, as determined by the Secretary.
``(f) Penalties.--
``(1) Failure to submit timely justification.--If the
Secretary determines that a manufacturer has failed to submit
a justification as required under this section, including in
accordance with the timing and form required, with respect to
an applicable drug, the Secretary shall apply a civil
monetary penalty in an amount of $10,000 for each day the
manufacturer has failed to submit such justification as so
required.
``(2) False information.--Any manufacturer that submits a
justification under this section and knowingly provides false
information in such justification is subject to a civil
monetary penalty in an amount not to exceed $100,000 for each
item of false information.
``(3) Application of procedures.--The provisions of section
1128A (other than subsections (a) and (b)) shall apply to a
civil monetary penalty under this subsection in the same
manner as such provisions apply to a penalty or proceeding
under section 1128A(a). Civil monetary penalties imposed
under this subsection are in addition to other penalties as
may be prescribed by law.
``(g) Definitions.--In this section:
``(1) Drug.--The term `drug' means a drug, as defined in
section 201(g) of the Federal Food, Drug, and Cosmetic Act,
that is intended for human use and subject to section
503(b)(1) of such Act, including a product licensed under
section 351 of the Public health Service Act.
``(2) Manufacturer.--The term `manufacturer' has the
meaning given that term in section 1847A(c)(6)(A).
``(3) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given that term in section
1847A(c)(6)(B).''.
SEC. 142. STRENGTHENING AND EXPANDING PHARMACY BENEFIT
MANAGERS TRANSPARENCY REQUIREMENTS.
Section 1150A of the Social Security Act (42 U.S.C. 1320b-
23), as amended by section 122, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the comma at the end and
inserting ``; or''; and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) a State plan under title XIX, including a managed
care entity (as defined in section 1932(a)(1)(B)),'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``(excluding bona fide'' and all that
follows through ``patient education programs))''; and
(ii) by striking ``aggregate amount of'' and inserting
``aggregate amount and percentage of'';
(B) in paragraph (3), by striking ``aggregate amount of''
and inserting ``aggregate amount and percentage (defined as a
share of gross drug costs) of''; and
(C) by adding at the end the following new paragraph:
``(4) The aggregate amount of bona fide service fees (which
include distribution service fees, inventory management fees,
product stocking allowances, and fees associated with
administrative services agreements and patient care programs
(such as medication compliance programs and patient education
programs)) the PBM received from--
``(A) PDP sponsors;
``(B) qualified health benefit plans;
``(C) managed care entities (as defined in section
1932(a)(1)(b)); and
``(D) drug manufacturers.'';
(3) in subsection (c), by adding at the end the following
new paragraphs:
``(5) To States to carry out their administration and
oversight of the State plan under title XIX.
``(6) To the Federal Trade Commission to carry out section
5(a) of the Federal Trade Commission Act (15 U.S.C. 45a) and
any other relevant consumer protection or antitrust
authorities enforced by such Commission, including reviewing
proposed mergers in the prescription drug sector.
``(7) To assist the Department of Justice to carry out its
antitrust authorities, including reviewing proposed mergers
in the prescription drug sector.''; and
(4) by adding at the end the following new subsection:
``(f) Annual OIG Evaluation and Report.--
``(1) Analysis.--The Inspector General of the Department of
Health and Human Services shall conduct an annual evaluation
of the information provided to the Secretary under this
section. Such evaluation shall include an analysis of--
``(A) PBM rebates;
``(B) administrative fees;
``(C) the difference between what plans pay PBMs and what
PBMs pay pharmacies;
``(D) generic dispensing rates; and
``(E) other areas determined appropriate by the Inspector
General.
``(2) Report.--Not later than July 1, 2023, and annually
thereafter, the Inspector General of the Department of Health
and Human Services shall submit to Congress a report
containing the results of the evaluation conducted under
paragraph (1), together with recommendations for such
legislation and administrative action as the Inspector
General determines appropriate. Such report shall not
disclose the identity of a specific PBM, plan, or price
charged for a drug.''.
SEC. 143. PRESCRIPTION DRUG PRICING DASHBOARDS.
Part A of title XI of the Social Security Act is amended by
adding at the end the following new section:
``SEC. 1150D. PRESCRIPTION DRUG PRICING DASHBOARDS.
``(a) In General.--Beginning not later than January 1,
2023, the Secretary shall establish, and annually update,
internet website-based dashboards, through which
beneficiaries, clinicians, researchers, and the public can
review information on spending for, and utilization of,
prescription drugs and biologicals (and related supplies and
mechanisms of delivery) covered under each of parts B and D
of title XVIII and under a State program under title XIX,
including information on trends of such spending and
utilization over time.
``(b) Medicare Part B Drug and Biological Dashboard.--
``(1) In general.--The dashboard established under
subsection (a) for part B of title XVIII shall provide the
information described in paragraph (2).
``(2) Information described.--The information described in
this paragraph is the following information with respect to
drug or biologicals covered under such part B:
``(A) The brand name and, if applicable, the generic names
of the drug or biological.
``(B) Consumer-friendly information on the uses and
clinical indications of the drug or biological.
``(C) The manufacturer or labeler of the drug or
biological.
``(D) To the extent feasible, the following information:
``(i) Average total spending per dosage unit of the drug or
biological in the most recent 2 calendar years for which data
is available.
``(ii) The percentage change in average spending on the
drug or biological per dosage unit between the most recent
calendar year for which data is available and--
``(I) the preceding calendar year; and
``(II) the preceding 5 and 10 calendar years.
``(iii) The annual growth rate in average spending per
dosage unit of the drug or biological in the most recent 5 or
10 calendar years for which data is available.
``(iv) Total spending for the drug or biological for the
most recent calendar year for which data is available.
``(v) The number of beneficiaries receiving the drug or
biological in the most recent calendar year for which data is
available.
``(vi) Average spending on the drug per beneficiary for the
most recent calendar year for which data is available.
``(E) The average sales price of the drug or biological (as
determined under section 1847A) for the most recent quarter.
``(F) Consumer-friendly information about the coinsurance
amount for the drug or biological for beneficiaries for the
most recent quarter. Such information shall not include
coinsurance amounts for qualified medicare beneficiaries (as
defined in section 1905(p)(1)).
``(G) For the most recent calendar year for which data is
available--
``(i) the 15 drugs and biologicals with the highest total
spending under such part; and
``(ii) any drug or biological for which the average annual
per beneficiary spending exceeds the gross spending for
covered part D drugs at which the annual out-of-pocket
threshold under section 1860D-2(b)(4)(B) would be met for the
year.
``(H) Other information (not otherwise prohibited in law
from being disclosed) that the Secretary determines would
provide beneficiaries, clinicians, researchers, and the
public with helpful information about drug and biological
spending and utilization (including trends of such spending
and utilization).
``(c) Medicare Covered Part D Drug Dashboard.--
``(1) In general.--The dashboard established under
subsection (a) for part D of title XVIII shall provide the
information described in paragraph (2).
``(2) Information described.--The information described in
this paragraph is the following information with respect to
covered part D drugs under such part D:
``(A) The information described in subparagraphs (A)
through (D) of subsection (b)(2).
``(B) Information on average annual beneficiary out-of-
pocket costs below and above the annual out-of-pocket
threshold under section 1860D-2(b)(4)(B) for the current plan
year. Such information shall not include
[[Page S4389]]
out-of-pocket costs for subsidy eligible individuals under
section 1860D-14.
``(C) Information on how to access resources as described
in sections 1860D-1(c) and 1851(d).
``(D) For the most recent calendar year for which data is
available--
``(i) the 15 covered part D drugs with the highest total
spending under such part; and
``(ii) any covered part D drug for which the average annual
per beneficiary spending exceeds the gross spending for
covered part D drugs at which the annual out-of-pocket
threshold under section 1860D-2(b)(4)(B) would be met for the
year.
``(E) Other information (not otherwise prohibited in law
from being disclosed) that the Secretary determines would
provide beneficiaries, clinicians, researchers, and the
public with helpful information about covered part D drug
spending and utilization (including trends of such spending
and utilization).
``(d) Medicaid Covered Outpatient Drug Dashboard.--
``(1) In general.--The dashboard established under
subsection (a) for title XIX shall provide the information
described in paragraph (2).
``(2) Information described.--The information described in
this paragraph is the following information with respect to
covered outpatient drugs under such title:
``(A) The information described in subparagraphs (A)
through (D) of subsection (b)(2).
``(B) For the most recent calendar year for which data is
available, the 15 covered outpatient drugs with the highest
total spending under such title.
``(C) Other information (not otherwise prohibited in law
from being disclosed) that the Secretary determines would
provide beneficiaries, clinicians, researchers, and the
public with helpful information about covered outpatient drug
spending and utilization (including trends of such spending
and utilization).
``(e) Data Files.--The Secretary shall make available the
underlying data for each dashboard established under
subsection (a) in a machine-readable format.''.
SEC. 144. IMPROVING COORDINATION BETWEEN THE FOOD AND DRUG
ADMINISTRATION AND THE CENTERS FOR MEDICARE &
MEDICAID SERVICES.
(a) In General.--
(1) Public meeting.--
(A) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall convene a public meeting for the purposes of discussing
and providing input on improvements to coordination between
the Food and Drug Administration and the Centers for Medicare
& Medicaid Services in preparing for the availability of
novel medical products described in subsection (c) on the
market in the United States.
(B) Attendees.--The Secretary shall invite the following to
the public meeting:
(i) Representatives of relevant Federal agencies, including
representatives from each of the medical product centers
within the Food and Drug Administration and representatives
from the coding, coverage, and payment offices within the
Centers for Medicare & Medicaid Services.
(ii) Stakeholders with expertise in the research and
development of novel medical products, including
manufacturers of such products.
(iii) Representatives of commercial health insurance
payers.
(iv) Stakeholders with expertise in the administration and
use of novel medical products, including physicians.
(v) Stakeholders representing patients and with expertise
in the utilization of patient experience data in medical
product development.
(C) Topics.--The public meeting agenda shall include--
(i) an overview of the types of products and product
categories in the drug and medical device development
pipeline and the volume of products which may meet the
description of a novel medical product under subsection (c);
(ii) the anticipated expertise necessary to review the
safety and effectiveness of such products at the Food and
Drug Administration and current gaps in such expertise, if
any;
(iii) the expertise necessary to make coding, coverage, and
payment decisions with respect to such products within the
Centers for Medicare & Medicaid Services, and current gaps in
such expertise, if any;
(iv) trends in the differences in the data necessary to
determine the safety and effectiveness of a novel medical
product and the data necessary to determine whether a novel
medical product meets the reasonable and necessary
requirements for coverage and payment under title XVIII of
the Social Security Act pursuant to section 1862(a)(1)(A) of
such Act (42 U.S.C. 1395y(a)(1)(A));
(v) the availability of information for sponsors of such
novel medical products to meet each of those requirements;
and
(vi) the coordination of information related to significant
clinical improvement over existing therapies for patients
between the Food and Drug Administration and the Centers for
Medicare & Medicaid Services with respect to novel medical
products.
(D) Trade secrets and confidential information.--Nothing
under this section shall be construed as authorizing the
Secretary to disclose any information that is a trade secret
or confidential information subject to section 552(b)(4) of
title 5, United States Code.
(2) Improving transparency of criteria for medicare
coverage.--
(A) Draft guidance.--Not later than 18 months after the
public meeting under paragraph (1), the Secretary shall
update the final guidance titled ``National Coverage
Determinations with Data Collection as a Condition of
Coverage: Coverage with Evidence Development'' to address any
opportunities to improve the availability and coordination of
information as described in clauses (iv) through (vi) of
paragraph (1)(C).
(B) Final guidance.--Not later than 12 months after issuing
draft guidance under subparagraph (A), the Secretary shall
finalize the updated guidance to address any such
opportunities.
(b) Report on Coding, Coverage, and Payment Processes Under
Medicare for Novel Medical Products.--Not later than 12
months after the date of the enactment of this Act, the
Secretary shall publish a report on the Internet website of
the Department of Health and Human Services regarding
processes under the Medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) with respect to
the coding, coverage, and payment of novel medical products
described in subsection (c). Such report shall include the
following:
(1) A description of challenges in the coding, coverage,
and payment processes under the Medicare program for novel
medical products.
(2) Recommendations to--
(A) incorporate patient experience data (such as the impact
of a disease or condition on the lives of patients and
patient treatment preferences) into the coverage and payment
processes within the Centers for Medicare & Medicaid
Services;
(B) decrease the length of time to make national and local
coverage determinations under the Medicare program (as those
terms are defined in subparagraphs (A) and (B), respectively,
of section 1862(l)(6) of the Social Security Act (42 U.S.C.
1395y(l)(6));
(C) streamline the coverage process under the Medicare
program and incorporate input from relevant stakeholders into
such coverage determinations; and
(D) identify potential mechanisms to incorporate novel
payment designs similar to those in development in commercial
insurance plans and State plans under title XIX of such Act
(42 U.S.C. 1396 et seq.) into the Medicare program.
(c) Novel Medical Products Described.--For purposes of this
section, a novel medical product described in this subsection
is a drug, including a biological product (including gene and
cell therapy), or medical device, that has been designated as
a breakthrough therapy under section 506(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a
breakthrough device under section 515B of such Act (21 U.S.C.
360e-3), or a regenerative advanced therapy under section
506(g) of such Act (21 U.S.C. 356(g)).
SEC. 145. PATIENT CONSULTATION IN MEDICARE NATIONAL AND LOCAL
COVERAGE DETERMINATIONS IN ORDER TO MITIGATE
BARRIERS TO INCLUSION OF SUCH PERSPECTIVES.
Section 1862(l) of the Social Security Act (42 U.S.C.
1395y(l)) is amended by adding at the end the following new
paragraph:
``(7) Patient consultation in national and local coverage
determinations.--With respect to national coverage
determinations, the Secretary, and with respect to local
coverage determinations, the Medicare administrative
contractor, may consult with patients and organizations
representing patients, including patients with disabilities,
in making national and local coverage determinations.''.
SEC. 146. GAO STUDY ON INCREASES TO MEDICARE AND MEDICAID
SPENDING DUE TO COPAYMENT COUPONS AND OTHER
PATIENT ASSISTANCE PROGRAMS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the impact of copayment coupons and
other patient assistance programs on prescription drug
pricing and expenditures within the Medicare and Medicaid
programs. The study shall assess the following:
(1) The extent to which copayment coupons and other patient
assistance programs contribute to inflated prescription drug
prices under such programs.
(2) The impact copayment coupons and other patient
assistance programs have in the Medicare Part D program
established under part D of title XVIII of the Social
Security Act (42 U.S.C. 1395w-101 et seq.) on utilization of
higher-cost brand drugs and lower utilization of generic
drugs in that program.
(3) The extent to which manufacturers report or obtain tax
benefits, including deductions of business expenses and
charitable contributions, for any of the following:
(A) Offering copayment coupons or other patient assistance
programs.
(B) Sponsoring manufacturer patient assistance programs.
(C) Paying for sponsorships at outreach and advocacy events
organized by patient assistance programs.
(4) The efficacy of oversight conducted to ensure that
independent charity patient assistance programs adhere to
guidance from the Office of the Inspector General of the
Department of Health and Human Services on avoiding waste,
fraud, and abuse.
(b) Definitions.--In this section:
[[Page S4390]]
(1) Independent charity patient assistance program.--The
term ``independent charity patient assistance program'' means
any organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code and which is not a private
foundation (as defined in section 509(a) of such Code) that
offers patient assistance.
(2) Manufacturer.--The term ``manufacturer'' has the
meaning given that term in section 1927(k)(5) of the Social
Security Act (42 U.S.C. 1396r-8(k)(5)).
(3) Manufacturer patient assistance program.--The term
``manufacturer patient assistance program'' means an
organization, including a private foundation (as so defined),
that is sponsored by, or receives funding from, a
manufacturer and that offers patient assistance. Such term
does not include an independent charity patient assistance
program.
(4) Patient assistance.--The term ``patient assistance''
means assistance provided to offset the cost of drugs for
individuals. Such term includes free products, coupons,
rebates, copay or discount cards, and other means of
providing assistance to individuals related to drug costs, as
determined by the Secretary of Health and Human Services.
(c) Report.--Not later than 24 months after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report describing the
findings of the study required under subsection (a).
SEC. 147. MEDPAC REPORT ON SHIFTING COVERAGE OF CERTAIN
MEDICARE PART B DRUGS TO MEDICARE PART D.
(a) Study.--The Medicare Payment Advisory Commission (in
this section referred to as the ``Commission'') shall conduct
a study on shifting coverage of certain drugs and biologicals
for which payment is currently made under part B of title
XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) to
part D of such title (42 U.S.C. 1395w-21 et seq.). Such study
shall include an analysis of--
(1) differences in program structures and payment methods
for drugs and biologicals covered under such parts B and D,
including effects of such a shift on program spending,
beneficiary cost-sharing liability, and utilization
management techniques for such drugs and biologicals; and
(2) the feasibility and policy implications of shifting
coverage of drugs and biologicals for which payment is
currently made under such part B to such part D.
(b) Report.--
(1) In general.--Not later than June 30, 2023, the
Commission shall submit to Congress a report containing the
results of the study conducted under subsection (a).
(2) Contents.--The report under paragraph (1) shall include
information, and recommendations as the Commission deems
appropriate, regarding--
(A) formulary design under such part D;
(B) the ability of the benefit structure under such part D
to control total spending on drugs and biologicals for which
payment is currently made under such part B;
(C) changes to the bid process under such part D, if any,
that may be necessary to integrate coverage of such drugs and
biologicals into such part D; and
(D) any other changes to the program that Congress should
consider in determining whether to shift coverage of such
drugs and biologicals from such part B to such part D.
SEC. 148. TAKING STEPS TO FULFILL TREATY OBLIGATIONS TO
TRIBAL COMMUNITIES.
(a) GAO Study.--The Comptroller General shall conduct a
study regarding access to, and the cost of, prescription
drugs among Indians. The study shall include--
(1) a review of what Indian health programs pay for
prescription drugs on reservations, in urban centers, and in
Tribal communities relative to other consumers;
(2) recommendations to align the value of prescription drug
discounts available under the Medicaid drug rebate program
established under section 1927 of the Social Security Act (42
U.S.C. 1396r-8) with prescription drug discounts available to
Tribal communities through the purchased/referred care
program of the Indian Health Service for physician
administered drugs; and
(3) an examination of how Tribal communities and urban
Indian organizations utilize the Medicare part D program
established under title XVIII of the Social Security Act (42
U.S.C. 1395w-101 et seq.) and recommendations to improve
enrollment among Indians in that program.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
conducted under subsection (a), together with recommendations
for such legislation and administrative action as the
Comptroller General determines appropriate.
(c) Definitions.--In this section:
(1) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(2) Indian; indian health program; indian tribe.--The terms
``Indian'', ``Indian health program'', and ``Indian tribe''
have the meanings given those terms in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603).
TITLE II--MEDICAID DRUG PRICING REFORMS
SEC. 201. MEDICAID PHARMACY AND THERAPEUTICS COMMITTEE
IMPROVEMENTS.
(a) In General.--Subparagraph (A) of section 1927(d)(4) of
the Social Security Act (42 U.S.C. 1396r-8(d)(4)) is amended
to read as follows:
``(A)(i) The formulary is developed and reviewed by a
pharmacy and therapeutics committee consisting of physicians,
pharmacists, and other appropriate individuals appointed by
the Governor of the State.
``(ii) Subject to clause (vi), the State establishes and
implements a conflict of interest policy for the pharmacy and
therapeutics committee that--
``(I) is publicly accessible;
``(II) requires all committee members to complete, on at
least an annual basis, a disclosure of relationships,
associations, and financial dealings that may affect their
independence of judgement in committee matters; and
``(III) contains clear processes, such as recusal from
voting or discussion, for those members who report a conflict
of interest, along with appropriate processes to address any
instance where a member fails to report a conflict of
interest.
``(iii) The membership of the pharmacy and therapeutics
committee--
``(I) is made publicly available;
``(II) is composed of members who are independent and free
of any conflict, including with respect to manufacturers,
medicaid managed care entities, and pharmacy benefit
managers; and
``(III) includes at least 1 actively practicing physician
and at least 1 actively practicing pharmacist, each of whom
has expertise in the care of 1 or more Medicaid-specific
populations such as elderly or disabled individuals, children
with complex medical needs, or low-income individuals with
chronic illnesses.
``(iv) At the option of the State, the State's drug use
review board established under subsection (g)(3) may serve as
the pharmacy and therapeutics committee provided the State
ensures that such board meets the requirements of clauses
(ii) and (iii).
``(v) The State reviews and has final approval of the
formulary established by the pharmacy and therapeutics
committee.
``(vi) If the Secretary determines it appropriate or
necessary based on the findings and recommendations of the
Comptroller General of the United States in the report
submitted to Congress under section 203 of the Prescription
Drug Pricing Reduction Act of 2022, the Secretary shall issue
guidance that States must follow for establishing conflict of
interest policies for the pharmacy and therapeutics committee
in accordance with the requirements of clause (ii), including
appropriate standards and requirements for identifying,
addressing, and reporting on conflicts of interest.''.
(b) Application to Medicaid Managed Care Organizations.--
(1) In general.--Clause (xiii) of section 1903(m)(2)(A) of
the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is
amended--
(A) by striking ``and (III)'' and inserting ``(III)'';
(B) by striking the period at the end and inserting ``, and
(IV) any formulary used by the entity for covered outpatient
drugs dispensed to individuals eligible for medical
assistance who are enrolled with the entity is developed and
reviewed by a pharmacy and therapeutics committee that meets
the requirements of clauses (ii) and (iii) of section
1927(d)(4)(A).''; and
(C) by moving the left margin 2 ems to the left.
(2) Application to pihps and pahps.--Section 1903(m) of the
Social Security Act (42 U.S.C. 1396b(m)) is amended by adding
at the end the following new paragraph:
``(10) No payment shall be made under this title to a State
with respect to expenditures incurred by the State for
payment for services provided by an other specified entity
(as defined in paragraph (9)(D)(iii)) unless such services
are provided in accordance with a contract between the State
and the entity which satisfies the requirements of paragraph
(2)(A)(xiii).''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date that is 1 year after the date
of enactment of this Act.
SEC. 202. IMPROVING REPORTING REQUIREMENTS AND DEVELOPING
STANDARDS FOR THE USE OF DRUG USE REVIEW BOARDS
IN STATE MEDICAID PROGRAMS.
(a) In General.--Section 1927(g)(3) of the Social Security
Act (42 U.S.C. 1396r-8(g)(3)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Membership.--
``(i) In general.--The membership of the DUR Board shall
include health care professionals who have recognized
knowledge and expertise in one or more of the following:
``(I) The clinically appropriate prescribing of covered
outpatient drugs.
``(II) The clinically appropriate dispensing and monitoring
of covered outpatient drugs.
``(III) Drug use review, evaluation, and intervention.
``(IV) Medical quality assurance.
``(ii) Membership requirements.--The membership of the DUR
Board shall--
``(I) be made publicly available;
``(II) be composed of members who are independent and free
of any conflict, including with respect to manufacturers,
medicaid managed care entities, and pharmacy benefit
managers;
[[Page S4391]]
``(III) be made up of at least \1/3\ but no more than 51
percent members who are licensed and actively practicing
physicians and at least \1/3\ members who are licensed and
actively practicing pharmacists; and
``(IV) include at least 1 actively practicing physician and
at least 1 actively practicing pharmacist, each of whom has
expertise in the care of 1 or more Medicaid-specific
populations such as elderly or disabled individuals, children
with complex medical needs, or low-income individuals with
chronic illnesses.
``(iii) Conflict of interest policy.--The State shall
establish and implement a conflict of interest policy for the
DUR Board that--
``(I) is publicly accessible;
``(II) requires all board members to complete, on at least
an annual basis, a disclosure of relationships, associations,
and financial dealings that may affect their independence of
judgement in board matters; and
``(III) contains clear processes, such as recusal from
voting or discussion, for those members who report a conflict
of interest, along with appropriate processes to address any
instance where a member fails to report a conflict of
interest.''; and
(2) by adding at the end the following new subparagraph:
``(E) DUR board membership reports.--
``(i) DUR board reports.--Each State shall require the DUR
Board to prepare and submit to the State an annual report on
the DUR Board membership. Each such report shall include any
conflicts of interest with respect to members of the DUR
Board that the DUR Board recorded or was aware of during the
period that is the subject of the report, and the process
applied to address such conflicts of interest, in addition to
any other information required by the State.
``(ii) Inclusion of dur board membership information in
state reports.--Each annual State report to the Secretary
required under subparagraph (D) shall include--
``(I) the number of individuals serving on the State's DUR
Board;
``(II) the names and professions of the individuals serving
on such DUR Board;
``(III) any conflicts of interest or recusals with respect
to members of such DUR Board reported by the DUR Board or
that the State was aware of during the period that is the
subject of the report; and
``(IV) whether the State has elected for such DUR Board to
serve as the committee responsible for developing a State
formulary under subsection (d)(4)(A).''.
(b) Managed Care Requirements.--Section 1932(i) of the
Social Security Act (42 U.S.C. 1396u-2(i)) is amended--
(1) by inserting ``and each contract under a State plan
with an other specified entity (as defined in section
1903(m)(9)(D)(iii))'' after ``under section 1903(m)'';
(2) by striking ``section 483.3(s)(4)'' and inserting
``section 438.3(s)(4)'';
(3) by striking ``483.3(s)(5)'' and inserting
``438.3(s)(5)''; and
(4) by adding at the end the following: ``Such a managed
care entity or other specified entity shall not be considered
to be in compliance with the requirement of such section
438.3(s)(5) that the entity provide a detailed description of
its drug utilization review activities unless the entity
includes a description of the prospective drug review
activities described in paragraph (2)(A) of section 1927(g)
and the activities listed in paragraph (3)(C) of section
1927(g), makes the underlying drug utilization review data
available to the State and the Secretary, and provides such
other information as deemed appropriate by the Secretary.''.
(c) Development of National Standards for Medicaid Drug Use
Review.--The Secretary of Health and Human Services may
promulgate regulations or guidance establishing national
standards for Medicaid drug use review programs under section
1927(g) of the Social Security Act (42 U.S.C. 1396r-8(g)) and
drug utilization review activities and requirements under
section 1932(i) of such Act (42 U.S.C. 1396u-2(i)), for the
purpose of aligning review criteria for prospective and
retrospective drug use review across all State Medicaid
programs.
(d) CMS Guidance.--Not later than 18 months after the date
of enactment of this Act, the Secretary of Health and Human
Services shall issue guidance--
(1) outlining steps that States must take to come into
compliance with statutory and regulatory requirements for
prospective and retrospective drug use review under section
1927(g) of the Social Security Act (42 U.S.C. 1396r-8(g)) and
drug utilization review activities and requirements under
section 1932(i) of such Act (42 U.S.C. 1396u-2(i)) (including
with respect to requirements that were in effect before the
date of enactment of this Act); and
(2) describing the actions that the Secretary will take to
enforce such requirements.
(e) Effective Date.--The amendments made by this section
shall take effect on the date that is 18 months after the
date of enactment of this Act.
SEC. 203. GAO REPORT ON CONFLICTS OF INTEREST IN STATE
MEDICAID PROGRAM DRUG USE REVIEW BOARDS AND
PHARMACY AND THERAPEUTICS (P&T) COMMITTEES.
(a) Investigation.--The Comptroller General of the United
States shall conduct an investigation of potential or
existing conflicts of interest among members of State
Medicaid program State drug use review boards (in this
section referred to as ``DUR Boards'') and pharmacy and
therapeutics committees (in this section referred to as ``P&T
Committees'').
(b) Report.--Not later than 24 months after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report on the investigation conducted under
subsection (a) that includes the following:
(1) A description outlining how DUR Boards and P&T
Committees operate in States, including details with respect
to--
(A) the structure and operation of DUR Boards and statewide
P&T Committees;
(B) States that operate separate P&T Committees for their
fee-for-service Medicaid program and their Medicaid managed
care organizations or other Medicaid managed care
arrangements (including other specified entities (as defined
in section 1903(m)(9)(D)(iii) of the Social Security Act (42
U.S.C. 1396b(m)(9)(D)(iii)) and collectively referred to in
this section as ``Medicaid MCOs''); and
(C) States that allow Medicaid MCOs to have their own P&T
Committees and the extent to which pharmacy benefit managers
administer or participate in such P&T Committees.
(2) A description outlining the differences between DUR
Boards established in accordance with section 1927(g)(3) of
the Social Security Act (42 U.S.C. 1396r(g)(3)) and P&T
Committees.
(3) A description outlining the tools P&T Committees may
use to determine Medicaid drug coverage and utilization
management policies.
(4) An analysis of whether and how States or P&T Committees
establish participation and independence requirements for DUR
Boards and P&T Committees, including with respect to entities
with connections with drug manufacturers, State Medicaid
programs, managed care organizations, and other entities or
individuals in the pharmaceutical industry.
(5) A description outlining how States, DUR Boards, or P&T
Committees define conflicts of interest.
(6) A description of how DUR Boards and P&T Committees
address conflicts of interest, including who is responsible
for implementing such policies.
(7) A description of the tools, if any, States use to
ensure that there are no conflicts of interest on DUR Boards
and P&T Committees.
(8) An analysis of the effectiveness of tools States use to
ensure that there are no conflicts of interest on DUR Boards
and P&T Committees and, if applicable, recommendations as to
how such tools could be improved.
(9) A review of strategies States may use to guard against
conflicts of interest on DUR Boards and P&T Committees and to
ensure compliance with the requirements of titles XI and XIX
of the Social Security Act (42 U.S.C. 1301 et seq., 1396 et
seq.) and access to effective, clinically appropriate, and
medically necessary drug treatments for Medicaid
beneficiaries, including recommendations for such legislative
and administrative actions as the Comptroller General
determines appropriate.
SEC. 204. ENSURING THE ACCURACY OF MANUFACTURER PRICE AND
DRUG PRODUCT INFORMATION UNDER THE MEDICAID
DRUG REBATE PROGRAM.
(a) Audit of Manufacturer Price and Drug Product
Information.--
(1) In general.--Subparagraph (B) of section 1927(b)(3) of
the Social Security Act (42 U.S.C. 1396r-8(b)(3)) is amended
to read as follows:
``(B) Audits and surveys of manufacturer price and drug
product information.--
``(i) Audits.--The Secretary shall conduct regular audits
of the price and drug product information reported by
manufacturers under subparagraph (A) for the most recently
ended rebate period to ensure the accuracy and timeliness of
such information. In conducting such audits, the Secretary
may employ evaluations, surveys, statistical sampling,
predictive analytics and other relevant tools and methods.
``(ii) Verifications surveys of average manufacturer price
and manufacturer's average sales price.--In addition to the
audits required under clause (i), the Secretary may survey
wholesalers and manufacturers (including manufacturers that
directly distribute their covered outpatient drugs (in this
subparagraph referred to as `direct sellers')), when
necessary, to verify manufacturer prices and manufacturer's
average sales prices (including wholesale acquisition cost)
to make payment reported under subparagraph (A).
``(iii) Penalties.--In addition to other penalties as may
be prescribed by law, including under subparagraph (C) of
this paragraph, the Secretary may impose a civil monetary
penalty in an amount not to exceed $185,000 on an annual
basis on a wholesaler, manufacturer, or direct seller, if the
wholesaler, manufacturer, or direct seller of a covered
outpatient drug refuses a request for information about
charges or prices by the Secretary in connection with an
audit or survey under this subparagraph or knowingly provides
false information. The provisions of section 1128A (other
than subsections (a) (with respect to amounts of penalties or
additional assessments) and (b)) shall apply to a civil money
penalty under this clause in the same manner as such
provisions apply to a penalty or proceeding under section
1128A(a).
``(iv) Reports.--
[[Page S4392]]
``(I) Report to congress.--The Secretary shall, not later
than 18 months after date of enactment of this subparagraph,
submit a report to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Finance of
the Senate regarding additional regulatory or statutory
changes that may be required in order to ensure accurate and
timely reporting and oversight of manufacturer price and drug
product information, including whether changes should be made
to reasonable assumption requirements to ensure such
assumptions are reasonable and accurate or whether another
methodology for ensuring accurate and timely reporting of
price and drug product information should be considered to
ensure the integrity of the drug rebate program under this
section.
``(II) Annual reports.--The Secretary shall, on at least an
annual basis, submit a report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Finance of the Senate summarizing the results of the audits
and surveys conducted under this subparagraph during the
period that is the subject of the report.
``(III) Content.--Each report submitted under subclause
(II) shall, with respect to the period that is the subject of
the report, include summaries of--
``(aa) error rates in the price, drug product, and other
relevant information supplied by manufacturers under
subparagraph (A);
``(bb) the timeliness with which manufacturers,
wholesalers, and direct sellers provide information required
under subparagraph (A) or under clause (i) or (ii) of this
subparagraph;
``(cc) the number of manufacturers, wholesalers, and direct
sellers and drug products audited under this subparagraph;
``(dd) the types of price and drug product information
reviewed under the audits conducted under this subparagraph;
``(ee) the tools and methodologies employed in such audits;
``(ff) the findings of such audits, including which
manufacturers, if any, were penalized under this
subparagraph; and
``(gg) such other relevant information as the Secretary
shall deem appropriate.
``(IV) Protection of information.--In preparing a report
required under subclause (II), the Secretary shall redact
such proprietary information as the Secretary determines
appropriate to prevent disclosure of, and to safeguard, such
information.
``(v) Appropriations.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the
Secretary $2,000,000 for fiscal year 2022 and each fiscal
year thereafter to carry out this subparagraph.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first fiscal
quarter that begins after the date of enactment of this Act.
(b) Increased Penalties for Noncompliance With Reporting
Requirements.--
(1) Increased penalty for failure to provide timely
information.--Section 1927(b)(3)(C)(i) of the Social Security
Act (42 U.S.C. 1396r-8(b)(3)(C)(i)) is amended by striking
``increased by $10,000 for each day in which such information
has not been provided and such amount shall be paid to the
Treasury'' and inserting ``, for each covered outpatient drug
with respect to which such information is not provided,
$50,000 for the first day that such information is not
provided on a timely basis and $19,000 for each subsequent
day that such information is not provided (with such amounts
being paid to the Treasury),''.
(2) Increased penalty for knowingly reporting false
information.--Section 1927(b)(3)(C)(ii) of the Social
Security Act (42 U.S.C. 1396r-8(b)(3)(C)(ii)) is amended by
striking ``$100,000'' and inserting ``$500,000''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first fiscal
quarter that begins after the date of enactment of this Act.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to affect
the application of the Federal Civil Penalties Inflation
Adjustment Act of 1990 (28 U.S.C. 2461 note) to any civil
penalty amount under section 1927 of the Social Security Act
(42 U.S.C. 1396r-8).
SEC. 205. APPLYING MEDICAID DRUG REBATE REQUIREMENT TO DRUGS
PROVIDED AS PART OF OUTPATIENT HOSPITAL
SERVICES.
(a) In General.--Section 1927(k)(3) of the Social Security
Act (42 U.S.C. 1396r-8(k)(3)) is amended to read as follows:
``(3) Limiting definition.--
``(A) In general.--The term `covered outpatient drug' does
not include any drug, biological product, or insulin provided
as part of, or as incident to and in the same setting as, any
of the following (and for which payment may be made under
this title as part of payment for the following and not as
direct reimbursement for the drug):
``(i) Inpatient hospital services.
``(ii) Hospice services.
``(iii) Dental services, except that drugs for which the
State plan authorizes direct reimbursement to the dispensing
dentist are covered outpatient drugs.
``(iv) Physicians' services.
``(v) Outpatient hospital services.
``(vi) Nursing facility services and services provided by
an intermediate care facility for the mentally retarded.
``(vii) Other laboratory and x-ray services.
``(viii) Renal dialysis.
``(B) Other exclusions.--Such term also does not include
any such drug or product for which a National Drug Code
number is not required by the Food and Drug Administration or
a drug or biological used for a medical indication which is
not a medically accepted indication.
``(C) State option.--At the option of a State, such term
may include any drug, biological product, or insulin provided
on an outpatient basis as part of, or as incident to and in
the same setting as, services described in clause (iv) or (v)
of subparagraph (A) (such as a drug, biological product, or
insulin being provided as part of a bundled payment).
``(D) No effect on best price.--Any drug, biological
product, or insulin excluded from the definition of such term
as a result of this paragraph shall be treated as a covered
outpatient drug for purposes of determining the best price
(as defined in subsection (c)(1)(C)) for such drug,
biological product, or insulin.''.
(b) Effective Date; Implementation Guidance.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of
enactment of this Act.
(2) Implementation and guidance.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Health and Human Services shall issue guidance and relevant
informational bulletins for States, manufacturers (as defined
in section 1927(k)(5) of the Social Security Act (42 U.S.C.
1396r-8(k)(5)), and other relevant stakeholders, including
health care providers, regarding implementation of the
amendment made by subsection (a).
SEC. 206. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF
ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN
MEDICAID.
(a) Pass-Through Pricing Required.--
(1) In general.--Section 1927(e) of the Social Security Act
(42 U.S.C. 1396r-8(e)) is amended by adding at the end the
following:
``(6) Pass-through pricing required.--A contract between
the State and a pharmacy benefit manager (referred to in this
paragraph as a `PBM'), or a contract between the State and a
managed care entity or other specified entity (as such terms
are defined in section 1903(m)(9)(D)) that includes
provisions making the entity responsible for coverage of
covered outpatient drugs dispensed to individuals enrolled
with the entity, shall require that payment for such drugs
(excluding, at the option of the State, any drug that is
subject to an agreement under section 340B of the Public
Health Service Act) and related administrative services (as
applicable), including payments made by a PBM on behalf of
the State or entity, is based on a pass-through pricing model
under which--
``(A) any payment made by the entity or the PBM (as
applicable) for such a drug--
``(i) is limited to--
``(I) ingredient cost; and
``(II) a professional dispensing fee that is not less than
the professional dispensing fee that the State plan or waiver
would pay if the plan or waiver was making the payment
directly;
``(ii) is passed through in its entirety by the entity or
PBM to the pharmacy that dispenses the drug; and
``(iii) is made in a manner that is consistent with section
1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of
title 42, Code of Federal Regulations (or any successor
regulation) as if such requirements applied directly to the
entity or the PBM;
``(B) payment to the entity or the PBM (as applicable) for
administrative services performed by the entity or PBM is
limited to a reasonable administrative fee that covers the
reasonable cost of providing such services;
``(C) the entity or the PBM (as applicable) shall make
available to the State, and the Secretary upon request, all
costs and payments related to covered outpatient drugs and
accompanying administrative services incurred, received, or
made by the entity or the PBM, including ingredient costs,
professional dispensing fees, administrative fees, post-sale
and post-invoice fees, discounts, or related adjustments such
as direct and indirect remuneration fees, and any and all
other remuneration; and
``(D) any form of spread pricing whereby any amount charged
or claimed by the entity or the PBM (as applicable) is in
excess of the amount paid to the pharmacies on behalf of the
entity, including any post-sale or post-invoice fees,
discounts, effective rate contract adjustments, or related
adjustments such as direct and indirect remuneration fees or
assessments (after allowing for a reasonable administrative
fee as described in subparagraph (B)) is not allowable for
purposes of claiming Federal matching payments under this
title.''.
(2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of
such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)), as amended by
section 201(b)(1), is amended--
(A) by striking ``and (IV)'' and inserting ``(IV)''; and
(B) by inserting before the period at the end the
following: ``, and (V) pharmacy benefit management services
provided by the entity, or provided by a pharmacy benefit
manager on behalf of the entity under a contract or other
arrangement between the entity and the pharmacy benefit
manager, shall
[[Page S4393]]
comply with the requirements of section 1927(e)(6)''.
(3) Effective date.--The amendments made by this subsection
apply to contracts between States and managed care entities,
other specified entities, or pharmacy benefits managers that
are entered into or renewed on or after the date that is 18
months after the date of enactment of this Act.
(b) Survey of Retail Prices.--
(1) In general.--Section 1927(f) of the Social Security Act
(42 U.S.C. 1396r-8(f)) is amended--
(A) by striking ``and'' after the semicolon at the end of
paragraph (1)(A)(i) and all that precedes it through ``(1)''
and inserting the following:
``(1) Survey of retail prices.--The Secretary shall conduct
a survey of retail community drug prices, to include at least
the national average drug acquisition cost, as follows:
``(A) Use of vendor.--The Secretary may contract services
for--
``(i) with respect to retail community pharmacies, the
determination on a monthly basis of retail survey prices of
the national average drug acquisition cost for covered
outpatient drugs for such pharmacies, net of all discounts
and rebates (to the extent any information with respect to
such discounts and rebates is available), the average
reimbursement received for such drugs by such pharmacies from
all sources of payment, including third parties, and, to the
extent available, the usual and customary charges to
consumers for such drugs; and'';
(B) by adding at the end of paragraph (1) the following:
``(F) Survey reporting.--In order to meet the requirement
of section 1902(a)(54), a State shall require that any retail
community pharmacy in the State that receives any payment,
administrative fee, discount, or rebate related to the
dispensing of covered outpatient drugs to individuals
receiving benefits under this title, regardless of whether
such payment, fee, discount, or rebate is received from the
State or a managed care entity directly or from a pharmacy
benefit manager or another entity that has a contract with
the State or a managed care entity or other specified entity
(as such terms are defined in section 1903(m)(9)(D)), shall
respond to surveys of retail prices conducted under this
subsection.
``(G) Survey information.--Information on retail community
prices obtained under this paragraph shall be made publicly
available and shall include at least the following:
``(i) The monthly response rate of the survey including a
list of pharmacies not in compliance with subparagraph (F).
``(ii) The sampling frame and number of pharmacies sampled
monthly.
``(iii) Characteristics of reporting pharmacies, including
type (such as independent or chain), geographic or regional
location, and dispensing volume.
``(iv) Reporting of a separate national average drug
acquisition cost for each drug for independent retail
pharmacies and chain operated pharmacies.
``(v) Information on price concessions including on and off
invoice discounts, rebates, and other price concessions.
``(vi) Information on average professional dispensing fees
paid.
``(H) Penalties.--
``(i) Failure to provide timely information.--A retail
community pharmacy that knowingly fails to respond to a
survey conducted under this subsection on a timely basis may
be subject to a civil monetary penalty in an amount not to
exceed $10,000 for each day in which such information has not
been provided.
``(ii) False information.--A retail community pharmacy that
knowingly provides false information in response to a survey
conducted under this subsection may be subject to a civil
money penalty in an amount not to exceed $100,000 for each
item of false information.
``(iii) Other penalties.--Any civil money penalties imposed
under this subparagraph shall be in addition to other
penalties as may be prescribed by law. The provisions of
section 1128A (other than subsections (a) and (b)) shall
apply to a civil money penalty under this subparagraph in the
same manner as such provisions apply to a penalty or
proceeding under section 1128A(a).
``(I) Report on specialty drugs and pharmacies.--
``(i) In general.--Not later than 18 months after the
effective date of this subparagraph, the Secretary shall
submit a report to Congress examining specialty drug coverage
and reimbursement under this title.
``(ii) Content of report.--Such report shall include a
description of how State Medicaid programs define specialty
drugs, how much State Medicaid programs pay for specialty
drugs, how States and managed care plans determine payment
for specialty drugs, the settings in which specialty drugs
are dispensed (such as retail community pharmacies or
specialty pharmacies), whether acquisition costs for
specialty drugs are captured in the national average drug
acquisition cost survey, and recommendations as to whether
specialty pharmacies should be included in the survey of
retail prices to ensure national average drug acquisition
costs capture drugs sold at specialty pharmacies and how such
specialty pharmacies should be defined.'';
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting ``, including payment
rates under Medicaid managed care plans,'' after ``under this
title''; and
(ii) in subparagraph (B), by inserting ``and the basis for
such dispensing fees'' before the semicolon; and
(D) in paragraph (4), by inserting ``, and $5,000,000 for
fiscal year 2023 and each fiscal year thereafter,'' after
``2010''.
(2) Effective date.--The amendments made by this subsection
take effect on the 1st day of the 1st quarter that begins on
or after the date that is 18 months after the date of
enactment of this Act.
(c) Manufacturer Reporting of Wholesale Acquisition Cost.--
Section 1927(b)(3) of such Act (42 U.S.C. 1396r-8(b)(3)) is
amended--
(1) in subparagraph (A)(i)--
(A) in subclause (I), by striking ``and'' after the
semicolon;
(B) in subclause (II), by adding ``and'' after the
semicolon;
(C) by moving the left margins of subclause (I) and (II) 2
ems to the right; and
(D) by adding at the end the following:
``(III) in the case of rebate periods that begin on or
after the date of enactment of this subclause, on the
wholesale acquisition cost (as defined in section
1847A(c)(6)(B)) for covered outpatient drugs for the rebate
period under the agreement (including for all such drugs that
are sold under a new drug application approved under section
505(c) of the Federal Food, Drug, and Cosmetic Act);''; and
(2) in subparagraph (D)--
(A) in the matter preceding clause (i), by inserting ``and
clause (viii) of this subparagraph'' after ``1847A'';
(B) in clause (vi), by striking ``and'' after the comma;
(C) in clause (vii), by striking the period and inserting
``, and''; and
(D) by inserting after clause (vii) the following:
``(viii) to the Secretary to disclose (through a website
accessible to the public) the most recently reported
wholesale acquisition cost (as defined in section
1847A(c)(6)(B)) for each covered outpatient drug (including
for all such drugs that are sold under a new drug application
approved under section 505(c) of the Federal Food, Drug, and
Cosmetic Act), as reported under subparagraph (A)(i)(III).''.
SEC. 207. T-MSIS DRUG DATA ANALYTICS REPORTS.
(a) In General.--Not later than May 1 of each calendar year
beginning with calendar year 2023, the Secretary of Health
and Human Services (in this section referred to as the
``Secretary'') shall publish on a website of the Centers for
Medicare & Medicaid Services that is accessible to the public
a report of the most recently available data on patterns
related to prescriptions filled by providers and reimbursed
under the Medicaid program.
(b) Content of Report.--
(1) Required content.--Each report required under
subsection (a) for a calendar year shall include the
following information with respect to each State (and, to the
extent available, with respect to Puerto Rico, the United
States Virgin Islands, Guam, the Northern Mariana Islands,
and American Samoa):
(A) A comparison of covered outpatient drug (as defined in
section 1927(k)(2) of the Social Security Act (42 U.S.C.
1396r-8(k)(2))) prescribing patterns under the State Medicaid
plan or waiver of such plan (including drugs prescribed on a
fee-for-service basis and drugs prescribed under managed care
arrangements under such plan or waiver)--
(i) across all available forms or models of reimbursement
used under the plan or waiver;
(ii) within specialties and subspecialties, as defined by
the Secretary;
(iii) by episodes of care for--
(I) each chronic disease category, as defined by the
Secretary, that is represented in the 10 conditions that
accounted for the greatest share of total spending under the
plan or waiver during the year that is the subject of the
report;
(II) procedural groupings; and
(III) rare disease diagnosis codes (except where the
inclusion of such information would jeopardize the privacy of
an individual, as determined by the Secretary);
(iv) by patient demographic characteristics, including race
(to the extent that the Secretary determines that there is
sufficient data available with respect to such characteristic
in a majority of States and that inclusion of such
characteristic would not jeopardize the privacy of the
individual), gender, and age;
(v) by patient high-utilizer or risk status; and
(vi) by high and low resource settings by facility and
place of service categories, as determined by the Secretary.
(B) In the case of medical assistance for covered
outpatient drugs (as so defined) provided under a State
Medicaid plan or waiver of such plan in a managed care
setting, an analysis of the differences in managed care
prescribing patterns when a covered outpatient drug is
prescribed in a managed care setting as compared to when the
drug is prescribed in a fee-for-service setting.
(2) Additional content.--To the extent available, a report
required under subsection (a) for a calendar year may include
State-specific information about prescription utilization
management tools under State Medicaid plans or waivers of
such plans, including--
[[Page S4394]]
(A) a description of prescription utilization management
tools under State programs to provide long-term services and
supports under a State Medicaid plan or a waiver of such
plan;
(B) a comparison of prescription utilization management
tools applicable to populations covered under a State
Medicaid plan waiver under section 1115 of the Social
Security Act (42 U.S.C. 1315) and the models applicable to
populations that are not covered under the waiver;
(C) a comparison of the prescription utilization management
tools employed by different Medicaid managed care
organizations, pharmacy benefit managers, and related
entities within the State;
(D) a comparison of the prescription utilization management
tools applicable to each enrollment category under a State
Medicaid plan or waiver; and
(E) a comparison of the prescription utilization management
tools applicable under the State Medicaid plan or waiver by
patient high-utilizer or risk status.
(3) Additional analysis.--To the extent practicable, the
Secretary shall include in each report published under
subsection (a)--
(A) analyses of national, State, and local patterns of
Medicaid population-based prescribing behaviors (including an
analysis of the impact of non-filled prescriptions on
identifying such patterns); and
(B) recommendations for administrative or legislative
action to improve the effectiveness of, and reduce costs for,
covered outpatient drugs under Medicaid while ensuring timely
beneficiary access to medically necessary covered outpatient
drugs.
(c) Use of T-MSIS Data.--Each report required under
subsection (a) shall, to the extent practicable--
(1) be prepared using data and definitions from the
Transformed Medicaid Statistical Information System (``T-
MSIS'') data set (or a successor data set) that is not more
than 24 months old on the date that the report is published;
and
(2) as appropriate, include a description with respect to
each State of the quality and completeness of the data, as
well as any necessary caveats describing the limitations of
the data reported to the Secretary by the State that are
sufficient to communicate the appropriate uses for the
information.
(d) Preparation of Report.--Each report required under
subsection (a) shall be prepared by the Administrator for the
Centers for Medicare & Medicaid Services.
(e) Appropriation.--For fiscal year 2022 and each fiscal
year thereafter, there is appropriated to the Secretary
$2,000,000 to carry out this section.
SEC. 208. RISK-SHARING VALUE-BASED PAYMENT AGREEMENTS FOR
COVERED OUTPATIENT DRUGS UNDER MEDICAID.
(a) In General.--Section 1927 of the Social Security Act
(42 U.S.C. 1396r-8) is amended by adding at the end the
following new subsection:
``(l) State Option To Pay for Covered Outpatient Drugs
Through Risk-Sharing Value-Based Agreements.--
``(1) In general.--Beginning January 1, 2024, a State shall
have the option to pay (whether on a fee-for-service or
managed care basis) for covered outpatient drugs that are
potentially curative treatments intended for one-time use
that are administered to individuals under this title by
entering into a risk-sharing value-based payment agreement
with the manufacturer of the drug in accordance with the
requirements of this subsection.
``(2) Secretarial approval.--
``(A) In general.--A State shall submit a request to the
Secretary to enter into a risk-sharing value-based payment
agreement, and the Secretary shall not approve a proposed
risk-sharing value-based payment agreement between a State
and a manufacturer for payment for a covered outpatient drug
of the manufacturer unless the following requirements are
met:
``(i) Manufacturer has in effect a rebate agreement and is
in compliance with all applicable requirements.--The
manufacturer has a rebate agreement in effect as required
under subsections (a) and (b) of this section and is in
compliance with all applicable requirements under this title.
``(ii) No expected increase to projected net federal
spending.--
``(I) In general.--The Chief Actuary certifies that the
projected payments for each covered outpatient drug under a
proposed risk-sharing value-based payment agreement is not
expected to result in greater estimated Federal spending
under this title than the net Federal spending that would
result in the absence of such agreement.
``(II) Net federal spending defined.--For purposes of this
subsection, the term `net Federal spending' means the amount
of Federal payments the Chief Actuary estimates would be made
under this title for administering a covered outpatient drug
to an individual eligible for medical assistance under a
State plan or a waiver of such plan, reduced by the amount of
all rebates the Chief Actuary estimates would be paid with
respect to the administering of such drug, including all
rebates under this title and any supplemental or other
additional rebates, in the absence of such an agreement.
``(III) Information.--The Chief Actuary shall make the
certifications required under this clause based on the most
recently available and reliable drug pricing and product
information. The State and manufacturer shall provide the
Secretary and the Chief Actuary with all necessary
information required to make the estimates needed for such
certifications.
``(iii) Launch and list price justifications.--The
manufacturer submits all relevant information and supporting
documentation necessary for pricing decisions as deemed
appropriate by the Secretary, which shall be truthful and
non-misleading, including manufacturer information and
supporting documentation for launch price or list price
increases, and any applicable justification required under
section 1128L.
``(iv) Confidentiality of information; penalties.--The
provisions of subparagraphs (C) and (D) of subsection (b)(3)
shall apply to a manufacturer that fails to submit the
information and documentation required under clauses (ii) and
(iii) on a timely basis, or that knowingly provides false or
misleading information, in the same manner as such provisions
apply to a manufacturer with a rebate agreement under this
section.
``(B) Consideration of state request for approval.--
``(i) In general.--The Secretary shall treat a State
request for approval of a risk-sharing value-based payment
agreement in the same manner that the Secretary treats a
State plan amendment, and subpart B of part 430 of title 42,
Code of Federal Regulations, including, subject to clause
(ii), the timing requirements of section 430.16 of such title
(as in effect on the date of enactment of this subsection),
shall apply to a request for approval of a risk-sharing
value-based payment agreement in the same manner as such
subpart applies to a State plan amendment.
``(ii) Timing.--The Secretary shall consult with the
Commissioner of Food and Drugs as required under subparagraph
(C) and make a determination on whether to approve a request
from a State for approval of a proposed risk-sharing value-
based payment agreement (or request additional information
necessary to allow the Secretary to make a determination with
respect to such request for approval) within the time period,
to the extent practicable, specified in section 430.16 of
title 42, Code of Federal Regulations (as in effect on the
date of enactment of this subsection), but in no case shall
the Secretary take more than 180 days after the receipt of
such request for approval or response to such request for
additional information to make such a determination (or
request additional information).
``(C) Consultation with the commissioner of food and
drugs.--In considering whether to approve a risk-sharing
value-based payment agreement, the Secretary, to the extent
necessary, shall consult with the Commissioner of Food and
Drugs to determine whether the relevant clinical parameters
specified in such agreement are appropriate.
``(3) Installment-based payment structure.--
``(A) In general.--A risk-sharing value-based payment
agreement shall provide for a payment structure under which,
for every installment year of the agreement (subject to
subparagraph (B)), the State shall pay the total installment
year amount in equal installments to be paid at regular
intervals over a period of time that shall be specified in
the agreement.
``(B) Requirements for installment payments.--
``(i) Timing of first payment.--The State shall make the
first of the installment payments described in subparagraph
(A) for an installment year not later than 30 days after the
end of such year.
``(ii) Length of installment period.--The period of time
over which the State shall make the installment payments
described in subparagraph (A) for an installment year shall
not be longer than 5 years.
``(iii) Nonpayment or reduced payment of installments
following a failure to meet clinical parameter.--If, prior to
the payment date (as specified in the agreement) of any
installment payment described in subparagraph (A) or any
other alternative date or time frame (as otherwise specified
in the agreement), the covered outpatient drug which is
subject to the agreement fails to meet a relevant clinical
parameter of the agreement, the agreement shall provide
that--
``(I) the installment payment shall not be made; or
``(II) the installment payment shall be reduced by a
percentage specified in the agreement that is based on the
outcome achieved by the drug relative to the relevant
clinical parameter.
``(4) Notice of intent.--
``(A) In general.--Subject to subparagraph (B), a
manufacturer of a covered outpatient drug shall not be
eligible to enter into a risk-sharing value-based payment
agreement under this subsection with respect to such drug
unless the manufacturer notifies the Secretary that the
manufacturer is interested in entering into such an agreement
with respect to such drug. The decision to submit and timing
of a request to enter into a proposed risk-sharing value-
based payment agreement shall remain solely within the
discretion of the State and shall only be effective upon
Secretarial approval as required under this subsection.
``(B) Treatment of subsequently approved drugs.--
``(i) In general.--In the case of a manufacturer of a
covered outpatient drug designated under section 526 of the
Federal Food, Drug, and Cosmetics Act, and approved under
section 505 of such Act or licensed under subsection (a) or
(k) of section 351 of the Public Health Service Act after the
date of enactment of this subsection, not
[[Page S4395]]
more than 90 days after meeting with the Food and Drug
Administration following phase II clinical trials for such
drug (or, in the case of a drug described in clause (ii), not
later than March 31, 2022), the manufacturer must notify the
Secretary of the manufacturer's intent to enter into a risk-
sharing value-based payment agreement under this subsection
with respect to such drug. If no such meeting has occurred,
the Secretary may use discretion as to whether a potentially
curative treatment intended for one-time use may qualify for
a risk-sharing value-based payment agreement under this
section. A manufacturer notification of interest shall not
have any influence on a decision for drug approval by the
Food and Drug Administration.
``(ii) Application to certain subsequently approved
drugs.--A drug described in this clause is a covered
outpatient drug of a manufacturer--
``(I) that is approved under section 505 of the Federal
Food, Drug, and Cosmetic Act or licensed under section 351 of
the Public Health Service Act after the date of enactment of
this subsection; and
``(II) with respect to which, as of January 1, 2024, more
than 90 days have passed after the manufacturer's meeting
with the Food and Drug Administration following phase II
clinical trials for such drug.
``(iii) Parallel approval.--The Secretary, in coordination
with the Administrator of the Centers for Medicare & Medicaid
Services and the Commissioner of Food and Drugs, shall, to
the extent practicable, approve a State's request to enter
into a proposed risk-sharing value-based payment agreement
that otherwise meets the requirements of this subsection at
the time that such a drug is approved by the Food and Drug
Administration to help provide that no State that wishes to
enter into such an agreement is required to pay for the drug
in full at one time if the State is seeking to pay over a
period of time as outlined in the proposed agreement.
``(iv) Rule of construction.--Nothing in this paragraph
shall be applied or construed to modify or affect the
timeframes or factors involved in the Secretary's
determination of whether to approve or license a drug under
section 505 of the Federal Food, Drug, and Cosmetic Act or
section 351 of the Public Health Service Act.
``(5) Special payment rules.--
``(A) In general.--Except as otherwise provided in this
paragraph, with respect to an individual who is administered
a unit of a covered outpatient drug that is reimbursed under
a State plan by a State Medicaid agency under a risk-sharing
value-based payment agreement in an installment year, the
State shall remain liable to the manufacturer of such drug
for payment for such unit without regard to whether the
individual remains enrolled in the State plan under this
title (or a waiver of such plan) for each installment year
for which the State is to make installment payments for
covered outpatient drugs purchased under the agreement in
such year.
``(B) Death.--In the case of an individual described in
subparagraph (A) who dies during the period described in such
subparagraph, the State plan shall not be liable for any
remaining payment for the unit of the covered outpatient drug
administered to the individual which is owed under the
agreement described in such subparagraph.
``(C) Withdrawal of approval.--In the case of a covered
outpatient drug that is the subject of a risk-sharing value-
based payment agreement between a State and a manufacturer
under this subsection, including a drug approved in
accordance with section 506(c) of the Federal Food, Drug, and
Cosmetic Act, and such drug is the subject of an application
that has been withdrawn by the Secretary, the State plan
shall not be liable for any remaining payment that is owed
under the agreement.
``(D) Alternative arrangement under agreement.--Subject to
approval by the Secretary, the terms of a proposed risk-
sharing value-based payment agreement submitted for approval
by a State may provide that subparagraph (A) shall not apply.
``(E) Guidance.--Not later than January 1, 2024, the
Secretary shall issue guidance to States establishing a
process for States to notify the Secretary when an individual
who is administered a unit of a covered outpatient drug that
is purchased by a State plan under a risk-sharing value-based
payment agreement ceases to be enrolled under the State plan
under this title (or a waiver of such plan) or dies before
the end of the installment period applicable to such unit
under the agreement.
``(6) Treatment of payments under risk-sharing value-based
agreements for purposes of average manufacturer price; best
price.--The Secretary shall treat any payments made to the
manufacturer of a covered outpatient drug under a risk-
sharing value-based payment agreement under this subsection
during a rebate period in the same manner that the Secretary
treats payments made under a State supplemental rebate
agreement under sections 447.504(c)(19) and 447.505(c)(7) of
title 42, Code of Federal Regulations (or any successor
regulations) for purposes of determining average manufacturer
price and best price under this section with respect to the
covered outpatient drug and a rebate period and for purposes
of offsets required under subsection (b)(1)(B).
``(7) Assessments and report to congress.--
``(A) Assessments.--
``(i) In general.--Not later than 180 days after the end of
each assessment period of any risk-sharing value-based
payment agreement for a State approved under this subsection,
the Secretary shall conduct an evaluation of such agreement
which shall include an evaluation by the Chief Actuary to
determine whether program spending under the risk-sharing
value-based payment agreement aligned with the projections
for the agreement made under paragraph (2)(A)(ii), including
an assessment of whether actual Federal spending under this
title under the agreement was less or more than net Federal
spending would have been in the absence of the agreement.
``(ii) Assessment period.--For purposes of clause (i)--
``(I) the first assessment period for a risk-sharing value-
based payment agreement shall be the period of time over
which payments are scheduled to be made under the agreement
for the first 10 individuals who are administered covered
outpatient drugs under the agreement except that such period
shall not exceed the 5-year period after the date on which
the Secretary approves the agreement; and
``(II) each subsequent assessment period for a risk-sharing
value-based payment agreement shall be the 5-year period
following the end of the previous assessment period.
``(B) Results of assessments.--
``(i) Termination option.--If the Secretary determines as a
result of the assessment by the Chief Actuary under
subparagraph (A) that the actual Federal spending under this
title for any covered outpatient drug that was the subject of
the State's risk-sharing value-based payment agreement was
greater than the net Federal spending that would have
resulted in the absence of the agreement, the Secretary may
terminate approval of such agreement and shall immediately
conduct an assessment under this paragraph of any other
ongoing risk-sharing value-based payment agreement to which
the same manufacturer is a party.
``(ii) Repayment required.--
``(I) In general.--If the Secretary determines as a result
of the assessment by the Chief Actuary under subparagraph (A)
that the Federal spending under the risk-sharing value-based
agreement for a covered outpatient drug that was subject to
such agreement was greater than the net Federal spending that
would have resulted in the absence of the agreement, the
manufacturer shall repay the difference to the State and
Federal governments in a timely manner as determined by the
Secretary.
``(II) Termination for failure to pay.--The failure of a
manufacturer to make repayments required under subclause (I)
in a timely manner shall result in immediate termination of
all risk-sharing value-based agreements to which the
manufacturer is a party.
``(III) Additional penalties.--In the case of a
manufacturer that fails to make repayments required under
subclause (I), the Secretary may treat such manufacturer in
the same manner as a manufacturer that fails to pay required
rebates under this section, and the Secretary may--
``(aa) suspend or terminate the manufacturer's rebate
agreement under this section; and
``(bb) pursue any other remedy that would be available if
the manufacturer had failed to pay required rebates under
this section.
``(C) Report to congress.--Not later than 5 years after the
first risk-sharing value-based payment agreement is approved
under this subsection, the Secretary shall submit to Congress
and make available to the public a report that includes--
``(i) an assessment of the impact of risk-sharing value-
based payment agreements on access for individuals who are
eligible for benefits under a State plan or waiver under this
title to medically necessary covered outpatient drugs and
related treatments;
``(ii) an analysis of the impact of such agreements on
overall State and Federal spending under this title;
``(iii) an assessment of the impact of such agreements on
drug prices, including launch price and price increases; and
``(iv) such recommendations to Congress as the Secretary
deems appropriate.
``(8) Guidance and regulations.--
``(A) In general.--Not later than January 1, 2024, the
Secretary shall issue guidance to States seeking to enter
into risk-sharing value-based payment agreements under this
subsection that includes a model template for such
agreements. The Secretary may issue any additional guidance
or promulgate regulations as necessary to implement and
enforce the provisions of this subsection.
``(B) Model agreements.--
``(i) In general.--If a State expresses an interest in
pursuing a risk-sharing value-based payment agreement under
this subsection with a manufacturer for the purchase of a
covered outpatient drug, the Secretary may share with such
State any risk-sharing value-based agreement between a State
and the manufacturer for the purchase of such drug that has
been approved under this subsection. While such shared
agreement may serve as a template for a State that wishes to
propose, the use of a previously approved agreement shall not
affect the submission and approval process for approval of a
proposed risk-sharing value-based payment agreement under
this subsection, including the requirements under paragraph
(2)(A).
``(ii) Confidentiality.--In the case of a risk-sharing
value-based payment agreement that is disclosed to a State by
the Secretary under this subparagraph and that is only in
[[Page S4396]]
effect with respect to a single State, the confidentiality of
information provisions described in subsection (b)(3)(D)
shall apply to such information.
``(C) OIG consultation.--
``(i) In general.--The Secretary shall consult with the
Office of the Inspector General of the Department of Health
and Human Services to determine whether there are potential
program integrity concerns (including issues related to
compliance with sections 1128B and 1877) with agreement
approvals or templates and address accordingly.
``(ii) OIG policy updates as necessary.--The Inspector
General of the Department of Health and Human Services shall
review and update, as necessary, any policies or guidelines
of the Office of the Inspector General of the Department of
Human Services (including policies related to the enforcement
of section 1128B) to accommodate the use of risk-sharing
value-based payment agreements in accordance with this
section.
``(9) Rules of construction.--
``(A) Modifications.--Nothing in this subsection or any
regulations promulgated under this subsection shall prohibit
a State from requesting a modification from the Secretary to
the terms of a risk-sharing value-based payment agreement. A
modification that is expected to result in any increase to
projected net State or Federal spending under the agreement
shall be subject to recertification by the Chief Actuary as
described in paragraph (2)(A)(ii) before the modification may
be approved.
``(B) Rebate agreements.--Nothing in this subsection shall
be construed as requiring a State to enter into a risk-
sharing value-based payment agreement or as limiting or
superseding the ability of a State to enter into a
supplemental rebate agreement for a covered outpatient drug.
``(C) FFP for payments under risk-sharing value-based
payment agreements.--Federal financial participation shall be
available under this title for any payment made by a State to
a manufacturer for a covered outpatient drug under a risk-
sharing value-based payment agreement in accordance with this
subsection, except that no Federal financial participation
shall be available for any payment made by a State to a
manufacturer under such an agreement on and after the
effective date of a disapproval of such agreement by the
Secretary.
``(D) Continued application of other provisions.--Except as
expressly provided in this subsection, nothing in this
subsection or in any regulations promulgated under this
subsection shall affect the application of any other
provision of this Act.
``(10) Appropriations.--For fiscal year 2022 and each
fiscal year thereafter, there are appropriated to the
Secretary $5,000,000 for the purpose of carrying out this
subsection.
``(11) Definitions.--In this subsection:
``(A) Chief actuary.--The term `Chief Actuary' means the
Chief Actuary of the Centers for Medicare & Medicaid
Services.
``(B) Installment year.--The term `installment year' means,
with respect to a risk-sharing value-based payment agreement,
a 12-month period during which a covered outpatient drug is
administered under the agreement.
``(C) Potentially curative treatment intended for one-time
use.--The term `potentially curative treatment intended for
one-time use' means a treatment that consists of the
administration of a covered outpatient drug that--
``(i) is a form of gene therapy for a rare disease, as
defined by the Commissioner of Food and Drugs, designated
under section 526 of the Federal Food, Drug, and Cosmetics
Act, and approved under section 505 of such Act or licensed
under subsection (a) or (k) of section 351 of the Public
Health Service Act to treat a serious or life-threatening
disease or condition;
``(ii) if administered in accordance with the labeling of
such drug, is expected to result in either--
``(I) the cure of such disease or condition; or
``(II) a reduction in the symptoms of such disease or
condition to the extent that such disease or condition is not
expected to lead to early mortality; and
``(iii) is expected to achieve a result described in clause
(ii), which may be achieved over an extended period of time,
after not more than 3 administrations.
``(D) Relevant clinical parameter.--The term `relevant
clinical parameter' means, with respect to a covered
outpatient drug that is the subject of a risk-sharing value-
based payment agreement--
``(i) a clinical endpoint specified in the drug's labeling
or supported by one or more of the compendia described in
section 1861(t)(2)(B)(ii)(I) that--
``(I) is able to be measured or evaluated on an annual
basis for each year of the agreement on an independent basis
by a provider or other entity; and
``(II) is required to be achieved (based on observed
metrics in patient populations) under the terms of the
agreement; or
``(ii) a surrogate endpoint (as defined in section
507(e)(9) of the Federal Food, Drug, and Cosmetic Act),
including those developed by patient-focused drug development
tools, that--
``(I) is able to be measured or evaluated on an annual
basis for each year of the agreement on an independent basis
by a provider or other entity; and
``(II) has been qualified by the Food and Drug
Administration.
``(E) Risk-sharing value-based payment agreement.--The term
`risk-sharing value-based payment agreement' means an
agreement between a State plan and a manufacturer--
``(i) for the purchase of a covered outpatient drug of the
manufacturer that is a potentially curative treatment
intended for one-time use;
``(ii) under which payment for such drug shall be made
pursuant to an installment-based payment structure that meets
the requirements of paragraph (3);
``(iii) which conditions payment on the achievement of at
least 2 relevant clinical parameters (as defined in
subparagraph (C));
``(iv) which provides that--
``(I) the State plan will directly reimburse the
manufacturer for the drug; or
``(II) a third party will reimburse the manufacture in a
manner approved by the Secretary;
``(v) is approved by the Secretary in accordance with
paragraph (2).
``(F) Total installment year amount.--The term `total
installment year amount' means, with respect to a risk-
sharing value-based payment agreement for the purchase of a
covered outpatient drug and an installment year, an amount
equal to the product of--
``(i) the unit price of the drug charged under the
agreement; and
``(ii) the number of units of such drug administered under
the agreement during such installment year.''.
(b) Conforming Amendments.--
(1) Section 1903(i)(10)(A) of the Social Security Act (42
U.S.C. 1396b(i)(10)(A)) is amended by striking ``or unless
section 1927(a)(3) applies'' and inserting ``, section
1927(a)(3) applies with respect to such drugs, or such drugs
are the subject of a risk-sharing value-based payment
agreement under section 1927(l)''.
(2) Section 1927(b) of the Social Security Act (42 U.S.C.
1396r-8(b)) is amended--
(A) in paragraph (1)(A), by inserting ``but excluding any
drugs for which payment is made by a State under a risk-
sharing value-based payment agreement under subsection (l))''
after ``for coverage of such drugs''; and
(B) in paragraph (3)--
(i) in subparagraph (C)(i), by inserting ``or subsection
(l)(2)(A)'' after ``subparagraph (A)''; and
(ii) in subparagraph (D), in the matter preceding clause
(i), by inserting ``, under subsection (l)(2)(A),'' after
``under this paragraph''.
SEC. 209. MODIFICATION OF MAXIMUM REBATE AMOUNT UNDER
MEDICAID DRUG REBATE PROGRAM.
(a) In General.--Subparagraph (D) of section 1927(c)(2) of
the Social Security Act (42 U.S.C. 1396r-8(c)(2)) is amended
to read as follows:
``(D) Maximum rebate amount.--
``(i) In general.--Except as provided in clause (ii), in no
case shall the sum of the amounts applied under paragraph
(1)(A)(ii) and this paragraph with respect to each dosage
form and strength of a single source drug or an innovator
multiple source drug for a rebate period exceed--
``(I) for rebate periods beginning after December 31, 2009,
and before September 30, 2024, 100 percent of the average
manufacturer price of the drug; and
``(II) for rebate periods beginning on or after October 1,
2024, 125 percent of the average manufacturer price of the
drug.
``(ii) No maximum amount for drugs if amp increases outpace
inflation.--
``(I) In general.--If the average manufacturer price with
respect to each dosage form and strength of a single source
drug or an innovator multiple source drug increases on or
after October 1, 2023, and such increased average
manufacturer price exceeds the inflation-adjusted average
manufacturer price determined with respect to such drug under
subclause (II) for the rebate period, clause (i) shall not
apply and there shall be no limitation on the sum of the
amounts applied under paragraph (1)(A)(ii) and this paragraph
for the rebate period, and any subsequent rebate period until
the average manufacturer price of the drug is the same or
less than the inflation-adjusted average manufacturer price
determined with respect to such drug under subclause (II) for
the rebate period, with respect to each dosage form and
strength of the single source drug or innovator multiple
source drug.
``(II) Inflation-adjusted average manufacturer price
defined.--In this clause, the term `inflation-adjusted
average manufacturer price' means, with respect to a single
source drug or an innovator multiple source drug and a rebate
period, the average manufacturer price for each dosage form
and strength of the drug for the calendar quarter beginning
July 1, 1990 (without regard to whether or not the drug has
been sold or transferred to an entity, including a division
or subsidiary of the manufacturer, after the 1st day of such
quarter), increased by the percentage by which the consumer
price index for all urban consumers (United States city
average) for the month before the month in which the rebate
period begins exceeds such index for September 1990.''.
(b) Treatment of Subsequently Approved Drugs.--Section
1927(c)(2)(B) of the Social Security Act (42 U.S.C. 1396r-
8(c)(2)(B)) is amended by inserting ``and clause (ii)(II) of
subparagraph (D)'' after ``clause (ii)(II) of subparagraph
(A)''.
(c) Technical Amendments.--Section 1927(c)(3)(C)(ii)(IV) of
the Social Security Act
[[Page S4397]]
(42 U.S.C. 1396r-9(c)(3)(C)(ii)(IV)) is amended--
(1) by striking ``subparagraph (A)'' and inserting
``paragraph (3)(A)''; and
(2) by striking ``this subparagraph'' and inserting
``paragraph (3)(C)''.
______
SA 5485. Mr. HAGERTY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
Strike section 13301 and insert the following:
SEC. _____. REPEAL OF MODIFICATION OF EXCEPTIONS FOR
REPORTING OF THIRD PARTY NETWORK TRANSACTIONS.
(a) In General.--Section 6050W(e) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(e) Exception for De Minimis Payments by Third Party
Settlement Organizations.--
``(1) In general.--A third party settlement organization
shall be required to report any information under subsection
(a) with respect to third party network transactions of any
participating payee only if--
``(A) the amount which would otherwise be reported under
subsection (a)(2) with respect to such transactions exceeds
$20,000, and
``(B) the aggregate number of such transactions exceeds
200.
``(2) Termination.--This subsection shall not apply to any
return for any calendar year beginning after September 30,
2031.''.
(b) Conforming Amendment.--Section 6050W(c)(3) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following: ``In the case of any transaction occurring
before September 30, 2031, the preceding sentence shall be
applied without regard to `described in subsection
(d)(3)(A)(iii)'.''
(c) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to returns for calendar years beginning after December
31, 2021.
(2) Clarification.--The amendment made by subsection (b)
shall apply to transactions after the date of the enactment
of the American Rescue Plan Act of 2021.
______
SA 5486. Mr. MERKLEY (for himself and Ms. Baldwin) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:
On page 378, strike line 6 and all that follows through
page 384, line 5, and insert the following:
(g) Transfer of Credit.--
(1) In general.--Section 30D is amended--
(A) by redesignating subsection (g) as subsection (h), and
(B) by inserting after subsection (f) the following:
``(g) Transfer of Credit.--
``(1) In general.--Subject to such regulations or other
guidance as the Secretary determines necessary or
appropriate, if the taxpayer who acquires a new clean vehicle
elects the application of this subsection with respect to
such vehicle, the credit which would (but for this
subsection) be allowed to such taxpayer with respect to such
vehicle shall be allowed to the eligible entity specified in
such election (and not to such taxpayer).
``(2) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means, with respect to the vehicle
for which the credit is allowed under subsection (a), the
dealer which sold such vehicle to the taxpayer and has--
``(A) subject to paragraph (4), registered with the
Secretary for purposes of this paragraph, at such time, and
in such form and manner, as the Secretary may prescribe,
``(B) prior to the election described in paragraph (1) and
not later than at the time of such sale, disclosed to the
taxpayer purchasing such vehicle--
``(i) the manufacturer's suggested retail price,
``(ii) the value of the credit allowed and any other
incentive available for the purchase of such vehicle, and
``(iii) the amount provided by the dealer to such taxpayer
as a condition of the election described in paragraph (1),
``(C) not later than at the time of such sale, made payment
to such taxpayer (whether in cash or in the form of a partial
payment or down payment for the purchase of such vehicle) in
an amount equal to the credit otherwise allowable to such
taxpayer, and
``(D) with respect to any incentive otherwise available for
the purchase of a vehicle for which a credit is allowed under
this section, including any incentive in the form of a rebate
or discount provided by the dealer or manufacturer, ensured
that--
``(i) the availability or use of such incentive shall not
limit the ability of a taxpayer to make an election described
in paragraph (1), and
``(ii) such election shall not limit the value or use of
such incentive.
``(3) Timing.--An election described in paragraph (1) shall
be made by the taxpayer not later than the date on which the
vehicle for which the credit is allowed under subsection (a)
is purchased.
``(4) Revocation of registration.--Upon determination by
the Secretary that a dealer has failed to comply with the
requirements described in paragraph (2), the Secretary may
revoke the registration (as described in subparagraph (A) of
such paragraph) of such dealer.
``(5) Tax treatment of payments.--With respect to any
payment described in paragraph (2)(C), such payment--
``(A) shall not be includible in the gross income of the
taxpayer, and
``(B) with respect to the dealer, shall not be deductible
under this title.
``(6) Application of certain other requirements.--In the
case of any election under paragraph (1) with respect to any
vehicle--
``(A) the requirements of paragraphs (1) and (2) of
subsection (f) shall apply to the taxpayer who acquired the
vehicle in the same manner as if the credit determined under
this section with respect to such vehicle were allowed to
such taxpayer,
``(B) paragraph (6) of such subsection shall not apply, and
``(C) the requirement of paragraph (9) of such subsection
(f) shall be treated as satisfied if the eligible entity
provides the vehicle identification number of such vehicle to
the Secretary in such manner as the Secretary may provide.
``(7) Advance payment to registered dealers.--
``(A) In general.--The Secretary shall establish a program
to make advance payments to any eligible entity in an amount
equal to the cumulative amount of the credits allowed under
subsection (a) with respect to any vehicles sold by such
entity for which an election described in paragraph (1) has
been made.
``(B) Excessive payments.--Rules similar to the rules of
section 6417(c)(6) shall apply for purposes of this
paragraph.
``(C) Treatment of advance payments.--For purposes of
section 1324 of title 31, United States Code, the payments
under subparagraph (A) shall be treated in the same manner as
a refund due from a credit provision referred to in
subsection (b)(2) of such section.
``(8) Dealer.--For purposes of this subsection, the term
`dealer' means a person licensed by a State, the District of
Columbia, the Commonwealth of Puerto Rico, any other
territory or possession of the United States, an Indian
tribal government, or any Alaska Native Corporation (as
defined in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(m)) to engage in the sale of vehicles.
``(9) Indian tribal government.--For purposes of this
subsection, the term `Indian tribal government' means the
recognized governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community, component
band, or component reservation, individually identified
(including parenthetically) in the list published most
recently as of the date of enactment of this subsection
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).''.
(2) Conforming amendments.--Section 30D, as amended by the
preceding provisions of this section, is amended--
(A) in subsection (d)(1)(H) of such section--
(i) in clause (iv), by striking ``and'' at the end,
(ii) in clause (v), by striking the period at the end and
inserting ``, and'', and
(iii) by adding at the end the following:
``(vi) in the case of a taxpayer who makes an election
under subsection (g)(1), any amount described in subsection
(g)(2)(C) which has been provided to such taxpayer.'', and
(B) in subsection (f)--
(i) by striking paragraph (3), and
(ii) in paragraph (8), by inserting ``, including any
vehicle with respect to which the taxpayer elects the
application of subsection (g)'' before the period at the end.
(h) Extension of Credit for Qualified 2- or 3- Wheeled
Plug-in Electric Vehicles; Termination.--Section 30D is
amended--
(1) in subsection (h)(3), as redesignated by the preceding
provisions of this section--
(A) in subparagraph (B), by striking ``4 kilowatt hours''
and inserting ``7 kilowatt hours'', and
(B) by striking subparagraph (E) and inserting the
following:
``(E) in the case of a vehicle placed in service after
December 31, 2021, the final assembly of which occurs within
the United States.''.
______
SA 5487. Mr. GRAHAM (for himself, Mr. Daines, Ms. Ernst, Mrs.
Fischer, Mr. Portman, Mr. Barrasso, and Ms. Murkowski) proposed an
amendment to amendment SA 5194 proposed by Mr. Schumer to the bill H.R.
5376, to provide for reconciliation pursuant to title II of S. Con.
Res. 14; as follows:
Strike sections 50261 through 50263 and insert the
following:
SEC. 50261. MINERAL LEASING ACT MODERNIZATION.
(a) Oil and Gas Minimum Bid.--Section 17(b) of the Mineral
Leasing Act (30 U.S.C. 226(b)) is amended--
(1) in paragraph (1)(B), in the first sentence, by striking
``$2 per acre for a period of 2 years from the date of
enactment of the Federal Onshore Oil and Gas Leasing Reform
[[Page S4398]]
Act of 1987.'' and inserting ``$10 per acre during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14'.''; and
(2) in paragraph (2)(C), by striking ``$2 per acre'' and
inserting ``$10 per acre''.
(b) Fossil Fuel Rental Rates.--
(1) Annual rentals.--Section 17(d) of the Mineral Leasing
Act (30 U.S.C. 226(d)) is amended, in the first sentence, by
striking ``$1.50 per acre'' and all that follows through the
period at the end and inserting ``$3 per acre per year during
the 2-year period beginning on the date the lease begins for
new leases, and after the end of that 2-year period, $5 per
acre per year for the following 6-year period, and not less
than $15 per acre per year thereafter, or, in the case of a
lease issued during the 10-year period beginning on the date
of enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14', $3
per acre per year during the 2-year period beginning on the
date the lease begins, and after the end of that 2-year
period, $5 per acre per year for the following 6-year period,
and $15 per acre per year thereafter.''.
(2) Rentals in reinstated leases.--Section 31(e)(2) of the
Mineral Leasing Act (30 U.S.C. 188(e)(2)) is amended by
striking ``$10'' and inserting ``$20''.
(c) Expression of Interest Fee.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is amended by adding at the end
the following:
``(q) Fee for Expression of Interest.--
``(1) In general.--The Secretary shall assess a
nonrefundable fee against any person that, in accordance with
procedures established by the Secretary to carry out this
subsection, submits an expression of interest in leasing land
available for disposition under this section for exploration
for, and development of, oil or gas.
``(2) Amount of fee.--
``(A) In general.--Subject to subparagraph (B), the fee
assessed under paragraph (1) shall be $5 per acre of the area
covered by the applicable expression of interest.
``(B) Adjustment of fee.--The Secretary shall, by
regulation, not less frequently than every 4 years, adjust
the amount of the fee under subparagraph (A) to reflect the
change in inflation.''.
the following:
``(7) Excluded entities.--For purposes of this section, the
term 'new clean vehicle' shall not include--
``(A) any vehicle placed in service after December 31,
2024, with respect to which any of the applicable critical
minerals contained in the battery of such vehicle (as
described in subsection (e)(l)(A)) were extracted, processed,
or recycled--
``(i) by a foreign entity of concern (as defined in section
40207(a)(5) of the Infrastructure Investment and Jobs Act (42
U.S.C. 18741(a)(5))), or
``(ii) in a country which is subject to an active withhold
release order or .finding issued by United States Customs and
Border Protection of the Department of Homeland Security, or
``(B) any vehicle placed in service after December 31,
2023, with respect to which any of the components contained
in the battery of such vehicle (as described in subsection
(e)(2)(A)) were manufactured or assembled--
``(i) by a foreign entity of concern (as so defined), or
``(ii) in a country which is subject to an active withhold
release order or finding issued by United States Customs and
Border Protection of the Department of Homeland Security.''.
On page 391, strike line 22 and all that follows through
page 393, line 13, and insert the following:
``(i) in the case of a joint return or a surviving spouse
(as defined in section 2(a)), $150,000,
``(ii) in the case of a head of household (as defined in
section 2(b)), $112,500, and
``(iii) in the case of a taxpayer not described in clause
(i) or (ii), $75,000.
``(C) Modified adjusted gross income.--For purposes of this
paragraph, the term `modified adjusted gross income' means
adjusted gross income increased by any amount excluded from
gross income under section 911, 931, or 933.
``(11) Manfacturer's suggested retail price limitation.--No
credit shall be allowed under subsection (a) for a vehicle
with a manufacturer's suggested retail price in excess of
$42,000.''.
In title VII, strike section 70001 and insert the
following:
SEC. 70001. FUNDING FOR NARCOTIC AND OPIOID DETECTION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to U.S. Customs and Border
Protection for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, which
shall remain available until September 30, 2027, to acquire,
deploy, operate, and maintain nonintrusive inspection
capabilities, including chemical screening devices, to
identify, in an operational environment, synthetic opioids
and other narcotics at purity levels that are not more than
10 percent.
(b) Use of Funds.--Amounts appropriated under subsection
(a) may also be used--
(1) to train users on the equipment described in subsection
(a);
(2) to provide directors of ports of entry with an
alternate method for identifying narcotics, including
synthetic opioids, at lower purity levels,
(3) to test any new chemical screening devices to
understand the abilities and limitations of such devices
relating to identifying narcotics at various purity levels
before U.S. Customs and Border Protection commits to the
acquisition of such devices; and
(4) to modify and upgrade ports of entry to accommodate
capabilities funded under this section.
At the end of part 1 of subtitle A of title I, add the
following:
SEC. 1010--. ALLOWANCE OF CERTAIN DEDUCTIONS IN DETERMINING APPLICABLE
FINANCIAL STATEMENT INCOME.
(a) In General.--Section 56A(c), as added by section 10101,
is amended by redesignating paragraph (15) as paragraph (16)
and by inserting after paragraph (14) the following new
paragraph:
``(15) Adjustment for the production of oil, coal, and
natural gas and for mining.--
``(A) In general.--Adjusted financial statement income
shall be--
``(i) appropriately adjusted to disregard any amount of
qualified expense that is taken into account on the
taxpayer's applicable financial statement, and
``(ii) reduced by the amount of qualified expenses which
are deductible under this chapter to the extent allowed as a
deduction in computing taxable income for the taxable year.
``(B) Qualified expenses.--For purposes of this paragraph,
the term `qualified expenses' means--
``(i) any intangible drilling and development costs (within
the meaning of section 263(c)),
``(ii) geological and geophysical expenditures (within the
meaning of section 167(h)).
``(iii) qualified tertiary inject expenses (as defined in
section 193)b)),
``(iv) expenses to which sections 616 and 617 apply, and
``(v) amounts allowable as a depletion deduction under
section 611.''.
SEC. 1010--. PERMANENT EXTENSION OF LIMITATION ON DEDUCTION
FOR STATE AND LOCAL, ETC., TAXES.
(a) In General.--Paragraph (6) of section 164(b) is amended
by striking ``, and before January 1, 2026''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2022.
Strike section 50131 and insert the following:
SEC. 50131. ASSISTANCE FOR LATEST AND ZERO BUILDING ENERGY CODE
ADOPTION; BLM PERMITTING ACTIVITIES.
(a) Assistance for Latest and zero building energy code
adoption; blm permitting activities.
(a) Assistance for Latest and Zero Building Energy Code
Adoption.--
(1) Appropriation.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated--
Strike section 50131 and insert the following:
SEC. 50131. ASSISTANCE FOR LATEST AND ZERO BUILDING ENERGY
CODE ADOPTION; BLM PERMITTING ACTIVITIES.
(a) Assistance for Latest and Zero Building Energy Code
Adoption.--
(1) Appropriation.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated--
(A) $330,000,000, to remain available through September 30,
2029, to carry out activities under part D of title III of
the Energy Policy and Conservation Act (42 U.S.C. 6321
through 6326) in accordance with paragraph (2); and
(B) $270,000,000, to remain available through September 30,
2029, to carry out activities under part D of title III of
the Energy Policy and Conservation Act (42 U.S.C. 6321
through 6326) in accordance with paragraph (3).
(2) Latest building energy code.--The Secretary shall use
funds made available under paragraph (1)(A) for grants to
assist States, and units of local government that have
authority to adopt building codes--
(A) to adopt--
(i) a building energy code (or codes) for residential
buildings that meets or exceeds the 2021 International Energy
Conservation Code, or achieves equivalent or greater energy
savings;
(ii) a building energy code (or codes) for commercial
buildings that meets or exceeds the ANSI/ASHRAE/IES Standard
90.1-2019, or achieves equivalent or greater energy savings;
or
(iii) any combination of building energy codes described in
clause (i) or (ii); and
(B) to implement a plan for the jurisdiction to achieve
full compliance with any building energy code adopted under
subparagraph (A) in new and renovated residential or
commercial buildings, as applicable, which plan shall include
active training and enforcement programs and measurement of
the rate of compliance each year.
(3) Zero energy code.--The Secretary shall use funds made
available under paragraph (1)(B) for grants to assist States,
and units of local government that have authority to adopt
building codes--
(A) to adopt a building energy code (or codes) for
residential and commercial buildings that meets or exceeds
the zero energy provisions in the 2021 International Energy
Conservation Code or an equivalent stretch code; and
[[Page S4399]]
(B) to implement a plan for the jurisdiction to achieve
full compliance with any building energy code adopted under
subparagraph (A) in new and renovated residential and
commercial buildings, which plan shall include active
training and enforcement programs and measurement of the rate
of compliance each year.
(4) State match.--The State cost share requirement under
the item relating to ``Department of Energy--Energy
Conservation'' in title II of the Department of the Interior
and Related Agencies Appropriations Act, 1985 (42 U.S.C.
6323a; 98 Stat. 1861), shall not apply to assistance provided
under this subsection.
(5) Administrative costs.--Of the amounts made available
under this subsection, the Secretary shall reserve 5 percent
for administrative costs necessary to carry out this
subsection.
(b) BLM Permitting.--In addition to amounts otherwise
available, there is appropriated to the Secretary of the
Interior for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $400,000,000, to remain
available through September 30, 2026, for the Bureau of Land
Management to finalize outstanding permitting activities for
projects that would facilitate access to nickel and cobalt
deposits.
______
SA 5488. Mr. WARNER proposed an amendment to amendment SA 5194
proposed by Mr. Schumer to the bill H.R. 5376, to provide for
reconciliation pursuant to title II of S. Con. Res. 14; as follows:
On page 545, strike line 1 and all that follows through
page 547, line 17, and insert the following:
(b) Effective Date.--The amendment made by this section
shall apply to sales in calendar quarters beginning after the
date which is 1 day after the date of enactment of this Act.
SEC. 13902. INCREASE IN RESEARCH CREDIT AGAINST PAYROLL TAX
FOR SMALL BUSINESSES.
(a) In General.--Clause (i) of section 41(h)(4)(B) is
amended--
(1) by striking ``Amount.--The amount'' and inserting
``Amount.--
``(I) In general.--The amount'', and
(2) by adding at the end the following new subclause:
``(II) Increase.--In the case of taxable years beginning
after December 31, 2022, the amount in subclause (I) shall be
increased by $250,000.''.
(b) Allowance of Credit.--
(1) In general.--Paragraph (1) of section 3111(f) is
amended--
(A) by striking ``for a taxable year, there shall be
allowed'' and inserting ``for a taxable year--
``(A) there shall be allowed'',
(B) by striking ``equal to the'' and inserting ``equal to
so much of the'',
(C) by striking the period at the end and inserting ``as
does not exceed the limitation of subclause (I) of section
41(h)(4)(B)(i) (applied without regard to subclause (II)
thereof), and'', and
(D) by adding at the end the following new subparagraph:
``(B) there shall be allowed as a credit against the tax
imposed by subsection (b) for the first calendar quarter
which begins after the date on which the taxpayer files the
return specified in section 41(h)(4)(A)(ii) an amount equal
to so much of the payroll tax credit portion determined under
section 41(h)(2) as is not allowed as a credit under
subparagraph (A).''.
(2) Limitation.--Paragraph (2) of section 3111(f) is
amended--
(A) by striking ``paragraph (1)'' and inserting ``paragraph
(1)(A)'', and
(B) by inserting ``, and the credit allowed by paragraph
(1)(B) shall not exceed the tax imposed by subsection (b) for
any calendar quarter,'' after ``calendar quarter''.
(3) Carryover.--Paragraph (3) of section 3111(f) is amended
by striking ``the credit'' and inserting ``any credit''.
(4) Deduction allowed.--Paragraph (4) of section 3111(f) is
amended--
(A) by striking ``credit'' and inserting ``credits'', and
(B) by striking ``subsection (a)'' and inserting
``subsection (a) or (b)''.
(c) Aggregation Rules.--Clause (ii) of section 41(h)(5)(B)
is amended by striking ``the $250,000 amount'' and inserting
``each of the $250,000 amounts''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 13903. REINSTATEMENT OF LIMITATION RULES FOR DEDUCTION
FOR STATE AND LOCAL, ETC., TAXES; EXTENSION OF
LIMITATION ON EXCESS BUSINESS LOSSES OF
NONCORPORATE TAXPAYERS.
(a) Reinstatement of Limitation Rules for Deduction for
State and Local, etc., Taxes.--
(1) In general.--Section 164(b)(6), as amended by section
13904, is further amended--
(A) in the heading, by striking ``2026'' and inserting
``2025'', and
(B) by striking ``2027'' and inserting ``2026''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
2022.
(b) Extension of Limitation on Excess Business Losses of
Noncorporate Taxpayers.--
(1) In general.--Section 461(l)(1) is amended by striking
``January 1, 2027'' each place it appears and inserting
``January 1, 2029''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
2026.
____________________