[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.
                                 ______