[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4397-S4399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
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