[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.

                          ____________________