Amendments Submitted and Proposed to H.R. 5376 — Congressional Record, Senate
Summary
This is S4221 of the Congressional Record, Senate, August 6, 2022, in a document titled Amendments Submitted and Proposed to H.R. 5376, with interleaved columns. It lists amendments submitted by Senators, including SA 5462 by Ms. Murkowski, SA 5463 by Mr. Graham, SA 5464 through SA 5467 by Mr. Cassidy, SA 5480 by Mr. Tester, SA 5481 by Mr. Barrasso, for himself and Mr. Marshall, and SA 5482 through SA 5484 by Mr. Grassley, each intended to be proposed to amendment SA 5194 proposed by Mr. Schumer to H.R. 5376 and ordered to lie on the table. The page also includes amendment text appropriating $3,000,000,000 to the Postal Service Fund for zero-emission delivery vehicles and infrastructure.
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“Amendments Submitted and Proposed to H.R. 5376 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-08-06-crec-2022-08-06-pt1-pgs4221-651b4d6345/
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4221
amendment SA 5194 proposed by Mr. SCHU- tended to be proposed to amendment SA 5194 priated to the United States Postal Service
MER to the bill H.R. 5376, supra; which was proposed by Mr. SCHUMER to the bill H.R. for fiscal year 2022, out of any money in the
ordered to lie on the table. 5376, supra; which was ordered to lie on the Treasury not otherwise appropriated, to be
SA 5462. Ms. MURKOWSKI submitted an table. deposited into the Postal Service Fund es-
amendment intended to be proposed to SA 5480. Mr. TESTER submitted an amend- tablished under section 2003 of title 39,
amendment SA 5194 proposed by Mr. SCHU- ment intended to be proposed to amendment United States Code, $3,000,000,000, to remain
MER to the bill H.R. 5376, supra; which was SA 5194 proposed by Mr. SCHUMER to the bill available through September 30, 2031, for—
ordered to lie on the table. H.R. 5376, supra. (1) the purchase of zero-emission delivery
SA 5463. Mr. GRAHAM submitted an SA 5481. Mr. BARRASSO (for himself and vehicles; and
amendment intended to be proposed to Mr. MARSHALL) submitted an amendment in- (2) the purchase, design, and installation of
amendment SA 5194 proposed by Mr. SCHU- tended to be proposed to amendment SA 5194 the requisite infrastructure to support zero-
MER to the bill H.R. 5376, supra; which was proposed by Mr. SCHUMER to the bill H.R. emission delivery vehicles at facilities that
ordered to lie on the table. 5376, supra; which was ordered to lie on the the United States Postal Service owns or
SA 5464. Mr. CASSIDY submitted an table. leases from non-Federal entities.
amendment intended to be proposed to SA 5482. Mr. GRASSLEY submitted an (b) REQUIREMENTS.—The United States
amendment SA 5194 proposed by Mr. SCHU- amendment intended to be proposed to Postal Service shall—
MER to the bill H.R. 5376, supra; which was amendment SA 5194 proposed by Mr. SCHU- (1) conduct a publicly available cost-ben-
ordered to lie on the table. MER to the bill H.R. 5376, supra; which was efit analysis to analyze costs versus savings
SA 5465. Mr. CASSIDY submitted an ordered to lie on the table. of the purchase of zero-emission delivery ve-
amendment intended to be proposed to SA 5483. Mr. GRASSLEY submitted an hicles compared to internal combustion en-
amendment SA 5194 proposed by Mr. SCHU- amendment intended to be proposed to gine delivery vehicles over the life span of
MER to the bill H.R. 5376, supra; which was amendment SA 5194 proposed by Mr. SCHU- the vehicle; and
ordered to lie on the table. MER to the bill H.R. 5376, supra; which was (2) ensure that the zero-emission delivery
SA 5466. Mr. CASSIDY submitted an ordered to lie on the table. vehicles purchased using amounts appro-
amendment intended to be proposed to SA 5484. Mr. GRASSLEY (for himself, Mr. priated under subsection (a) are placed in
amendment SA 5194 proposed by Mr. SCHU- BRAUN, Mr. CASSIDY, Ms. COLLINS, Ms. MUR- areas and on routes that make the most eco-
MER to the bill H.R. 5376, supra; which was KOWSKI, Mr. PORTMAN, Ms. ERNST, Mr. nomical sense.
ordered to lie on the table. DAINES, Mrs. BLACKBURN, and Mrs. HYDE-
SA 5467. Mr. CASSIDY submitted an SMITH) submitted an amendment intended to SA 5198. Mr. LANKFORD submitted
amendment intended to be proposed to be proposed to amendment SA 5194 proposed an amendment intended to be proposed
amendment SA 5194 proposed by Mr. SCHU- by Mr. SCHUMER to the bill H.R. 5376, supra; by him to the bill H.R. 5376, to provide
MER to the bill H.R. 5376, supra; which was which was ordered to lie on the table.
ordered to lie on the table. SA 5485. Mr. HAGERTY submitted an
for reconciliation pursuant to title II
SA 5468. Mr. DAINES submitted an amend- amendment intended to be proposed to of S. Con. Res. 14; which was ordered to
ment intended to be proposed to amendment amendment SA 5194 proposed by Mr. SCHU- lie on the table; as follows:
SA 5194 proposed by Mr. SCHUMER to the bill MER to the bill H.R. 5376, supra; which was In section 1194 of the Social Security Act,
H.R. 5376, supra; which was ordered to lie on ordered to lie on the table. as added by part 1 of subtitle B of title I, add
the table. SA 5486. Mr. MERKLEY (for himself and at the end the following:
SA 5469. Ms. HASSAN proposed an amend- Ms. BALDWIN) submitted an amendment in- ‘‘(h) LIMITATION ON USE OF CERTAIN GOODS
ment to amendment SA 5194 proposed by Mr. tended to be proposed to amendment SA 5194 MANUFACTURED WITH WAIVED INTELLECTUAL
SCHUMER to the bill H.R. 5376, supra. proposed by Mr. SCHUMER to the bill H.R. PROPERTY RIGHTS.—
SA 5470. Mr. PORTMAN submitted an 5376, supra; which was ordered to lie on the ‘‘(1) IN GENERAL.—Except as provided in
amendment intended to be proposed to table. paragraph (2), goods subject to negotiation
amendment SA 5194 proposed by Mr. SCHU- SA 5487. Mr. GRAHAM (for himself, Mr. or renegotiation under subsection (a) may
MER to the bill H.R. 5376, supra; which was DAINES, Ms. ERNST, Mrs. FISCHER, Mr. not be purchased by an official or agency of
ordered to lie on the table. PORTMAN, Mr. BARRASSO, and Ms. MUR- the United States for use outside the United
SA 5471. Mr. LEE submitted an amendment KOWSKI) proposed an amendment to amend- States or imported by a United States person
intended to be proposed to amendment SA ment SA 5194 proposed by Mr. SCHUMER to for domestic consumption if the manufac-
5194 proposed by Mr. SCHUMER to the bill the bill H.R. 5376, supra. turer of those goods has utilized the intellec-
H.R. 5376, supra; which was ordered to lie on SA 5488. Mr. WARNER proposed an amend- tual property of a United States person with-
the table. ment to amendment SA 5194 proposed by Mr. out their consent on the basis that the rights
SA 5472. Mr. THUNE submitted an amend- SCHUMER to the bill H.R. 5376, supra. of that person to that intellectual property
ment intended to be proposed to amendment f have been waived in the country of origin of
SA 5194 proposed by Mr. SCHUMER to the bill the manufacturer because of a waiver of a
H.R. 5376, supra. TEXT OF AMENDMENTS provision of the Agreement on Trade-Related
SA 5473. Mr. KENNEDY submitted an SA 5196. Mr. ROMNEY submitted an Aspects of Intellectual Property Rights, in-
amendment intended to be proposed to cluding the Ministerial Decision on the
amendment intended to be proposed by
amendment SA 5194 proposed by Mr. SCHU- TRIPS Agreement adopted on June 17, 2022.
MER to the bill H.R. 5376, supra; which was
him to the bill H.R. 5376, to provide for
‘‘(2) EXCEPTION.—Paragraph (1) shall not
ordered to lie on the table. reconciliation pursuant to title II of S. apply if the President submits to Congress a
SA 5474. Mr. MARSHALL submitted an Con. Res. 14; which was ordered to lie certification that the United States Trade
amendment intended to be proposed to on the table; as follows: Representative will not support or facilitate
amendment SA 5194 proposed by Mr. SCHU- At the appropriate place, insert the fol- the negotiation or approval of any measure
MER to the bill H.R. 5376, supra; which was lowing: at the World Trade Organization that weak-
ordered to lie on the table. SEC. llllll. INCOME CAP ON TEMPORARY ens any provision of the Agreement on
SA 5475. Mr. MARSHALL submitted an INCREASE IN PREMIUM TAX CREDIT. Trade-Related Aspects of Intellectual Prop-
amendment intended to be proposed to (a) IN GENERAL.—The table contained in erty Rights with respect to a pharma-
amendment SA 5194 proposed by Mr. SCHU- clause (iii) of section 36B(b)(3)(A) of the In- ceutical, therapeutic, diagnostic, or other
MER to the bill H.R. 5376, supra; which was ternal Revenue Code of 1986 is amended by biotechnology commodity produced in the
ordered to lie on the table. striking ‘‘and higher’’ in the last line and in- United States.
SA 5476. Mr. YOUNG submitted an amend- serting ‘‘up to 750.0 percent’’.
ment intended to be proposed to amendment (b) EFFECTIVE DATE.—The amendments SA 5199. Mr. LANKFORD submitted
SA 5194 proposed by Mr. SCHUMER to the bill made by this section shall apply to taxable an amendment intended to be proposed
H.R. 5376, supra; which was ordered to lie on years beginning after December 31, 2022. by him to the bill H.R. 5376, to provide
the table.
SA 5477. Mr. YOUNG submitted an amend- for reconciliation pursuant to title II
SA 5197. Mr. LANKFORD submitted of S. Con. Res. 14; which was ordered to
ment intended to be proposed to amendment an amendment intended to be proposed
SA 5194 proposed by Mr. SCHUMER to the bill lie on the table; as follows:
H.R. 5376, supra; which was ordered to lie on
by him to the bill H.R. 5376, to provide At the end of title VII, add the following:
the table. for reconciliation pursuant to title II SEC. 70008. REMOVAL OF AFGHAN NATIONALS
SA 5478. Mr. YOUNG submitted an amend- of S. Con. Res. 14; which was ordered to WHO APPEAR ON THE BIOMETRICS-
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ment intended to be proposed to amendment lie on the table; as follows: ENABLED WATCHLIST.
SA 5194 proposed by Mr. SCHUMER to the bill Strike section 70002 and insert the fol- Federal funds appropriated under this Act
H.R. 5376, supra; which was ordered to lie on lowing: may not be obligated or otherwise made
the table. SEC. 70002. UNITED STATES POSTAL SERVICE available until after the President certifies
SA 5479. Mr. CRAPO (for himself, Mr. MAR- CLEAN FLEETS. to Congress that the 324 Afghan nationals re-
SHALL, Mr. DAINES, Mr. TILLIS, Mr. BURR, (a) APPROPRIATION.—In addition to siding in the United States as of the date of
and Mr. RISCH) submitted an amendment in- amounts otherwise available, there is appro- the enactment of this Act who appear on the
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S4222 CONGRESSIONAL RECORD — SENATE August 6, 2022
biometrics-enabled watchlist of the Depart- (3) the review, analysis and evaluation of main available until September 30, 2031, for
ment of Defense have been apprehended by the impacts of all transportation fuels, in- grants to States, Indian tribes, and air pollu-
U.S. Immigration and Customs Enforcement. cluding fuel lifecycle implications, on the tion control agencies (as such terms are de-
general public and on low-income and dis- fined in section 302 of the Clean Air Act (42
SA 5200. Mr. LANKFORD submitted advantaged communities. U.S.C. 7602)) to update their systems to en-
an amendment intended to be proposed (b) INVESTMENTS IN ADVANCED BIOFUELS.— sure communication with the Integrated
by him to the bill H.R. 5376, to provide In addition to amounts otherwise available, Compliance Information System of the Envi-
for reconciliation pursuant to title II there is appropriated to the Administrator of ronmental Protection Agency and any asso-
the Environmental Protection Agency for ciated systems.
of S. Con. Res. 14; which was ordered to
fiscal year 2022, out of any money in the (c) INSPECTION SOFTWARE.—In addition to
lie on the table; as follows: Treasury not otherwise appropriated,
At the appropriate place in subtitle A of amounts otherwise available, there is appro-
$10,000,000, to remain available until Sep- priated to the Administrator of the Environ-
title II, insert the following:
tember 30, 2031, for new grants to industry mental Protection Agency for fiscal year
SEC. 20lll. PROHIBITION.
and other related activities under section 2022, out of any money in the Treasury not
No support or incentive under this title 211(o) of the Clean Air Act (42 U.S.C. 7545(o))
may be provided for an agricultural real es- otherwise appropriated, $4,000,000, to remain
to support investments in advanced biofuels. available until September 30, 2031—
tate holding wholly or partly owned by a (c) DEFINITION OF GREENHOUSE GAS.—In
person that is a national of, or is organized (1) to acquire or update inspection software
this section, the term ‘‘greenhouse gas’’ has for use by the Environmental Protection
under the laws or otherwise subject to the the meaning given the term in section
jurisdiction of, a country— Agency, States, Indian tribes, and air pollu-
211(o)(1)(G) of the Clean Air Act (42 U.S.C. tion control agencies (as such terms are de-
(1) designated as a nonmarket economy 7545(o)(1)(G)) (as in effect on the date of en-
country pursuant to section 771(18) of the fined in section 302 of the Clean Air Act (42
actment of this Act). U.S.C. 7602)); or
Tariff Act of 1930 (19 U.S.C. 1677(18)); or SEC. 60108. FUNDING FOR IMPLEMENTATION OF
(2) identified as a country that poses a risk (2) to acquire necessary devices on which
THE AMERICAN INNOVATION AND
to the national security of the United States to run such inspection software.
MANUFACTURING ACT.
in the most recent annual report on world- SEC. 60110. GREENHOUSE GAS CORPORATE RE-
(a) APPROPRIATIONS.—
PORTING.
wide threats issued by the Director of Na- (1) IN GENERAL.—In addition to amounts
tional Intelligence pursuant to section 108B otherwise available, there is appropriated to In addition to amounts otherwise avail-
of the National Security Act of 1947 (50 the Administrator of the Environmental able, there is appropriated to the Adminis-
U.S.C. 3043b) (commonly known as the ‘‘An- Protection Agency for fiscal year 2022, out of trator of the Environmental Protection
nual Threat Assessment’’). any money in the Treasury not otherwise ap- Agency for fiscal year 2022, out of any money
propriated, $20,000,000, to remain available in the Treasury not otherwise appropriated,
SA 5201. Mr. LANKFORD submitted until September 30, 2026, to carry out sub- $5,000,000, to remain available until Sep-
an amendment intended to be proposed sections (a) through (i) and subsection (k) of tember 30, 2031, for the Environmental Pro-
by him to the bill H.R. 5376, to provide section 103 of division S of Public Law 116– tection Agency to support—
260 (42 U.S.C. 7675). (1) enhanced standardization and trans-
for reconciliation pursuant to title II parency of corporate climate action commit-
of S. Con. Res. 14; which was ordered to (2) IMPLEMENTATION AND COMPLIANCE
TOOLS.—In addition to amounts otherwise
ments and plans to reduce greenhouse gas (as
lie on the table; as follows: defined in section 211(o)(1)(G) of the Clean
available, there is appropriated to the Ad-
Strike section 11301. Air Act (42 U.S.C. 7545(o)(1)(G)) (as in effect
ministrator of the Environmental Protection
Agency for fiscal year 2022, out of any money on the date of enactment of this Act)) emis-
SA 5202. Mr. LANKFORD submitted sions;
in the Treasury not otherwise appropriated,
an amendment intended to be proposed (2) enhanced transparency regarding
$3,500,000, to remain available until Sep-
by him to the bill H.R. 5376, to provide tember 30, 2026, to deploy new implementa- progress toward meeting such commitments
for reconciliation pursuant to title II tion and compliance tools to carry out sub- and implementing such plans; and
of S. Con. Res. 14; which was ordered to sections (a) through (i) and subsection (k) of (3) progress toward meeting such commit-
lie on the table; as follows: section 103 of division S of Public Law 116– ments and implementing such plans.
260 (42 U.S.C. 7675). SEC. 60111.
ENVIRONMENTAL PRODUCT DEC-
On page 342, line 15, strike ‘‘assigned.’’ and
LARATION ASSISTANCE.
insert the following: ‘‘assigned, and (3) COMPETITIVE GRANTS.—In addition to
‘‘(D) without any discretion or possibility amounts otherwise available, there is appro- (a) IN GENERAL.—In addition to amounts
for an exemption, certify that no forced priated to the Administrator of the Environ- otherwise available, there is appropriated to
labor was utilized in any part of the produc- mental Protection Agency for fiscal year the Administrator of the Environmental
tion of the specified property, including any 2022, out of any money in the Treasury not Protection Agency for fiscal year 2022, out of
part of the manufacturing supply chain for otherwise appropriated, $15,000,000, to remain any money in the Treasury not otherwise ap-
the property from the mining of the mate- available until September 30, 2026, for com- propriated, $250,000,000, to remain available
rials to the assembly of the property. petitive grants for reclaim and innovative until September 30, 2031, to develop and
destruction technologies under subsections carry out a program to support the develop-
SA 5203. Mr. LANKFORD submitted (a) through (i) and subsection (k) of section ment, and enhanced standardization and
an amendment intended to be proposed 103 of division S of Public Law 116–260 (42 transparency, of environmental product dec-
U.S.C. 7675). larations for construction materials and
by him to the bill H.R. 5376, to provide products, including by—
(b) ADMINISTRATION OF FUNDS.—Of the
for reconciliation pursuant to title II (1) providing grants to businesses that
funds made available pursuant to subsection
of S. Con. Res. 14; which was ordered to (a)(3), the Administrator of the Environ- manufacture construction materials and
lie on the table; as follows: mental Protection Agency shall reserve 5 products for developing and verifying envi-
Strike section 60107 and all that follows percent for administrative costs necessary to ronmental product declarations, and to
through section 60201 and insert the fol- carry out activities pursuant to such sub- States, Indian Tribes, and nonprofit organi-
lowing: section. zations that will support such businesses;
SEC. 60107. FUNDING FOR SECTION 211(O) OF THE SEC. 60109. FUNDING FOR ENFORCEMENT TECH- (2) providing technical assistance to busi-
CLEAN AIR ACT. NOLOGY AND PUBLIC INFORMATION. nesses that manufacture construction mate-
(a) TEST AND PROTOCOL DEVELOPMENT.—In (a) COMPLIANCE MONITORING.—In addition rials and products in developing and
addition to amounts otherwise available, to amounts otherwise available, there is ap- verifying environmental product declara-
there is appropriated to the Administrator of propriated to the Administrator of the Envi- tions, and to States, Indian Tribes, and non-
the Environmental Protection Agency for ronmental Protection Agency for fiscal year profit organizations that will support such
fiscal year 2022, out of any money in the 2022, out of any money in the Treasury not businesses; and
Treasury not otherwise appropriated, otherwise appropriated, $18,000,000, to remain (3) carrying out other activities that assist
$5,000,000, to remain available until Sep- available until September 30, 2031, to update in measuring, reporting, and steadily reduc-
tember 30, 2031, to carry out section 211(o) of the Integrated Compliance Information Sys- ing the quantity of embodied carbon of con-
the Clean Air Act (42 U.S.C. 7545(o)) with re- tem of the Environmental Protection Agen- struction materials and products.
spect to— cy and any associated systems, necessary in- (b) ADMINISTRATIVE COSTS.—Of the
(1) the development and establishment of formation technology infrastructure, or pub- amounts made available under this section,
tests and protocols regarding the environ- lic access software tools to ensure access to the Administrator of the Environmental
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mental and public health effects of a fuel or compliance data and related information. Protection Agency shall reserve 5 percent for
fuel additive; (b) COMMUNICATIONS WITH ICIS.—In addi- administrative costs necessary to carry out
(2) internal and extramural data collection tion to amounts otherwise available, there is this section.
and analyses to regularly update applicable appropriated to the Administrator of the En- (c) DEFINITIONS.—In this section:
regulations, guidance, and procedures for de- vironmental Protection Agency for fiscal (1) EMBODIED CARBON.—The term ‘‘em-
termining lifecycle greenhouse gas emissions year 2022, out of any money in the Treasury bodied carbon’’ means the quantity of green-
of a fuel; and not otherwise appropriated, $3,000,000, to re- house gas (as defined in section 211(o)(1)(G)
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4223
of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)) emissions charge under subsection (c), pre- under subsection (c) for an applicable facil-
(as in effect on the date of enactment of this paring inventories, gathering empirical data, ity in an industry segment listed in para-
Act)) emissions associated with all relevant and tracking emissions. graph (4), (5), or (9) of subsection (d), the Ad-
stages of production of a material or prod- ‘‘(b) INCENTIVES FOR METHANE MITIGATION ministrator shall impose and collect the
uct, measured in kilograms of carbon diox- FROM CONVENTIONAL WELLS.—In addition to charge on the reported metric tons of meth-
ide-equivalent per unit of such material or amounts otherwise available, there is appro- ane emissions that exceed 0.11 percent of the
product. priated to the Administrator for fiscal year natural gas sent to sale from such facility.
(2) ENVIRONMENTAL PRODUCT DECLARA- 2022, out of any money in the Treasury not ‘‘(4) COMMON OWNERSHIP OR CONTROL.—In
TION.—The term ‘‘environmental product otherwise appropriated, $700,000,000, to re- calculating the total emissions charge obli-
declaration’’ means a document that reports main available until September 30, 2028, for gation for facilities under common owner-
the environmental impact of a material or activities described in paragraphs (1) ship or control, the Administrator shall
product that— through (4) of subsection (a) at marginal con- allow for the netting of emissions by reduc-
(A) includes measurement of the embodied ventional wells. ing the total obligation to account for facil-
carbon of the material or product; ‘‘(c) WASTE EMISSIONS CHARGE.—The Ad- ity emissions levels that are below the appli-
(B) conforms with international standards, ministrator shall impose and collect a cable thresholds within and across all appli-
such as a Type III environmental product charge on methane emissions that exceed an cable segments identified in subsection (d).
declaration, as defined by the International applicable waste emissions threshold under ‘‘(5) EXEMPTION.—Charges shall not be im-
Organization for Standardization standard subsection (f) from an owner or operator of posed pursuant to paragraph (1) on emissions
14025; and an applicable facility that reports more than that exceed the waste emissions threshold
(C) is developed in accordance with any 25,000 metric tons of carbon dioxide equiva- specified in such paragraph if such emissions
standardized reporting criteria specified by lent of greenhouse gases emitted per year are caused by unreasonable delay, as deter-
the Administrator of the Environmental pursuant to subpart W of part 98 of title 40, mined by the Administrator, in environ-
Protection Agency. Code of Federal Regulations, regardless of mental permitting of gathering or trans-
(3) STATE.—The term ‘‘State’’ has the the reporting threshold under that subpart. mission infrastructure necessary for offtake
meaning given to that term in section 302(d) ‘‘(d) APPLICABLE FACILITY.—For purposes
of increased volume as a result of methane
of the Clean Air Act (42 U.S.C. 7602(d)). of this section, the term ‘applicable facility’
emissions mitigation implementation.
SEC. 60112. METHANE EMISSIONS REDUCTION
means a facility within the following indus-
‘‘(6) EXEMPTION FOR REGULATORY COMPLI-
PROGRAM. try segments, as defined in subpart W of part
ANCE.—
The Clean Air Act is amended by inserting 98 of title 40, Code of Federal Regulations:
‘‘(A) IN GENERAL.—Charges shall not be im-
after section 134 of such Act, as added by sec- ‘‘(1) Offshore petroleum and natural gas
posed pursuant to subsection (c) on an appli-
tion 60103 of this Act, the following: production.
cable facility that is subject to and in com-
‘‘SEC. 135. METHANE EMISSIONS AND WASTE RE- ‘‘(2) Onshore petroleum and natural gas
pliance with methane emissions require-
DUCTION INCENTIVE PROGRAM FOR production.
ments pursuant to subsections (b) and (d) of
PETROLEUM AND NATURAL GAS ‘‘(3) Onshore natural gas processing.
SYSTEMS. section 111 upon a determination by the Ad-
‘‘(4) Onshore natural gas transmission
‘‘(a) INCENTIVES FOR METHANE MITIGATION ministrator that—
compression.
AND MONITORING.—In addition to amounts
‘‘(i) methane emissions standards and
‘‘(5) Underground natural gas storage.
otherwise available, there is appropriated to plans pursuant to subsections (b) and (d) of
‘‘(6) Liquefied natural gas storage.
the Administrator for fiscal year 2022, out of section 111 have been approved and are in ef-
‘‘(7) Liquefied natural gas import and ex-
any money in the Treasury not otherwise ap- fect in all States with respect to the applica-
port equipment.
propriated, $850,000,000, to remain available ble facilities; and
‘‘(8) Onshore petroleum and natural gas
until September 30, 2028— ‘‘(ii) compliance with the requirements de-
gathering and boosting.
‘‘(1) for grants, rebates, contracts, loans, scribed in clause (i) will result in equivalent
‘‘(9) Onshore natural gas transmission
and other activities of the Environmental or greater emissions reductions as would be
pipeline.
Protection Agency for the purposes of pro- ‘‘(e) CHARGE AMOUNT.—The amount of a achieved by the proposed rule of the Admin-
viding financial and technical assistance to charge under subsection (c) for an applicable istrator entitled ‘Standards of Performance
owners and operators of applicable facilities facility shall be equal to the product ob- for New, Reconstructed, and Modified
to prepare and submit greenhouse gas re- tained by multiplying— Sources and Emissions Guidelines for Exist-
ports under subpart W of part 98 of title 40, ‘‘(1) the number of metric tons of methane ing Sources: Oil and Natural Gas Sector Cli-
Code of Federal Regulations; emissions reported pursuant to subpart W of mate Review’ (86 Fed. Reg. 63110 (November
‘‘(2) for grants, rebates, contracts, loans, part 98 of title 40, Code of Federal Regula- 15, 2021)), if such rule had been finalized and
and other activities of the Environmental tions, for the applicable facility that exceed implemented.
Protection Agency authorized under sub- the applicable annual waste emissions ‘‘(B) RESUMPTION OF CHARGE.—If the condi-
sections (a) through (c) of section 103 for threshold listed in subsection (f) during the tions in clause (i) or (ii) of subparagraph (A)
methane emissions monitoring; previous reporting period; and cease to apply after the Administrator has
‘‘(3) for grants, rebates, contracts, loans, ‘‘(2)(A) $900 for emissions reported for cal- made the determination in that subpara-
and other activities of the Environmental endar year 2024; graph, the applicable facility will again be
Protection Agency for the purposes of pro- ‘‘(B) $1,200 for emissions reported for cal- subject to the charge under subsection (c) be-
viding financial and technical assistance to endar year 2025; or ginning in the first calendar year in which
reduce methane and other greenhouse gas ‘‘(C) $1,500 for emissions reported for cal- the conditions in either clause (i) or (ii) of
emissions from petroleum and natural gas endar year 2026 and each year thereafter. that subparagraph are no longer met.
systems, mitigate legacy air pollution from ‘‘(f) WASTE EMISSIONS THRESHOLD.— ‘‘(7) PLUGGED WELLS.—Charges shall not be
petroleum and natural gas systems, and pro- ‘‘(1) PETROLEUM AND NATURAL GAS PRODUC- imposed with respect to the emissions rate
vide support for communities, including TION.—With respect to imposing and col- from any well that has been permanently
funding for— lecting the charge under subsection (c) for an shut-in and plugged in the previous year in
‘‘(A) improving climate resiliency of com- applicable facility in an industry segment accordance with all applicable closure re-
munities and petroleum and natural gas sys- listed in paragraph (1) or (2) of subsection quirements, as determined by the Adminis-
tems; (d), the Administrator shall impose and col- trator.
‘‘(B) improving and deploying industrial lect the charge on the reported metric tons ‘‘(g) PERIOD.—The charge under subsection
equipment and processes that reduce meth- of methane emissions from such facility that (c) shall be imposed and collected beginning
ane and other greenhouse gas emissions and exceed— with respect to emissions reported for cal-
waste; ‘‘(A) 0.20 percent of the natural gas sent to endar year 2024 and for each year thereafter.
‘‘(h) IMPLEMENTATION.—In addition to
‘‘(C) supporting innovation in reducing sale from such facility; or
other authorities in this Act addressing air
methane and other greenhouse gas emissions ‘‘(B) 10 metric tons of methane per million pollution from the oil and natural gas sec-
and waste from petroleum and natural gas barrels of oil sent to sale from such facility, tors, the Administrator may issue guidance
systems; if such facility sent no natural gas to sale. or regulations as necessary to carry out this
‘‘(D) permanently shutting in and plugging ‘‘(2) NONPRODUCTION PETROLEUM AND NAT- section.
wells on non-Federal land; URAL GAS SYSTEMS.—With respect to impos- ‘‘(i) REPORTING.—Not later than 2 years
‘‘(E) mitigating health effects of methane ing and collecting the charge under sub- after the date of enactment of this section,
and other greenhouse gas emissions, and leg- section (c) for an applicable facility in an in- and as necessary thereafter, the Adminis-
acy air pollution from petroleum and natural dustry segment listed in paragraph (3), (6), trator shall revise the requirements of sub-
dlhill on DSK120RN23PROD with SENATE
gas systems in low-income and disadvan- (7), or (8) of subsection (d), the Adminis- part W of part 98 of title 40, Code of Federal
taged communities; and trator shall impose and collect the charge on Regulations, to ensure the reporting under
‘‘(F) supporting environmental restoration; the reported metric tons of methane emis- such subpart, and calculation of charges
and sions that exceed 0.05 percent of the natural under subsections (e) and (f) of this section,
‘‘(4) to cover all direct and indirect costs gas sent to sale from such facility. are based on empirical data, including data
required to administer this section, includ- ‘‘(3) NATURAL GAS TRANSMISSION.—With re- collected pursuant to subsection (a)(4), accu-
ing the costs of implementing the waste spect to imposing and collecting the charge rately reflect the total methane emissions
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S4224 CONGRESSIONAL RECORD — SENATE August 6, 2022
and waste emissions from the applicable fa- of such projected greenhouse gas air pollu- declaration’’ means a document that reports
cilities, and allow owners and operators of tion reduction. the environmental impact of a material or
applicable facilities to submit empirical ‘‘(3) TERMS AND CONDITIONS.—The Adminis- product that—
emissions data, in a manner to be prescribed trator shall make funds available to a grant- (A) includes measurement of the embodied
by the Administrator, to demonstrate the ee under this subsection in such amounts, carbon of the material or product;
extent to which a charge under subsection upon such a schedule, and subject to such (B) conforms with international standards,
(c) is owed. conditions based on its performance in im- such as a Type III environmental product
‘‘(j) LIABILITY FOR CHARGE PAYMENT.—Ex- plementing its plan submitted under this declaration as defined by the International
cept as established under this section, a fa- section and in achieving projected green- Organization for Standardization standard
cility owner or operator’s liability for pay- house gas air pollution reduction, as deter- 14025; and
ment of the charge under subsection (c) is mined by the Administrator. (C) is developed in accordance with any
not affected in any way by emission stand- ‘‘(d) DEFINITIONS.—In this section: standardized reporting criteria specified by
ards, permit fees, penalties, or other require- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible the Administrator of the Environmental
ments under this Act or any other legal au- entity’ means— Protection Agency.
thorities. ‘‘(A) a State; (3) LOW-EMBODIED CARBON CONSTRUCTION
‘‘(k) DEFINITION OF GREENHOUSE GAS.—In ‘‘(B) an air pollution control agency; MATERIALS AND PRODUCTS.—The term ‘‘low-
this section, the term ‘greenhouse gas’ has ‘‘(C) a municipality; embodied carbon construction materials and
the meaning given the term in section ‘‘(D) an Indian tribe; and products’’ means construction materials and
211(o)(1)(G) (as in effect on the date of enact- ‘‘(E) a group of one or more entities listed products identified by the Administrator of
ment of this section).’’. in subparagraphs (A) through (D). the Environmental Protection Agency as
SEC. 60113. CLIMATE POLLUTION REDUCTION ‘‘(2) GREENHOUSE GAS.—The term ‘green- having substantially lower levels of em-
GRANTS.
house gas’ has the meaning given the term in bodied carbon as compared to estimated in-
The Clean Air Act is amended by inserting section 211(o)(1)(G) (as in effect on the date dustry averages of similar materials or prod-
after section 135 of such Act, as added by sec- of enactment of this section).’’. ucts.
tion 60112 of this Act, the following: SEC. 60114. ENVIRONMENTAL PROTECTION
‘‘SEC. 136. GREENHOUSE GAS AIR POLLUTION
Subtitle B—Hazardous Materials
AGENCY EFFICIENT, ACCURATE,
PLANS AND IMPLEMENTATION AND TIMELY REVIEWS. SEC. 60201. ENVIRONMENTAL AND CLIMATE JUS-
GRANTS. TICE BLOCK GRANTS.
In addition to amounts otherwise avail-
‘‘(a) APPROPRIATIONS.— The Clean Air Act is amended by inserting
able, there is appropriated to the Environ-
‘‘(1) GREENHOUSE GAS AIR POLLUTION PLAN- after section 136, as added by subtitle A of
mental Protection Agency for fiscal year
NING GRANTS.—In addition to amounts other- this title, the following:
2022, out of any money in the Treasury not
wise available, there is appropriated to the ‘‘SEC. 137. ENVIRONMENTAL AND CLIMATE JUS-
otherwise appropriated, $40,000,000, to remain TICE BLOCK GRANTS.
Administrator for fiscal year 2022, out of any available until September 30, 2026, to provide
amounts in the Treasury not otherwise ap- ‘‘(a) APPROPRIATION.—In addition to
for the development of efficient, accurate,
propriated, $250,000,000, to remain available amounts otherwise available, there is appro-
and timely reviews for permitting and ap-
until September 30, 2031, to carry out sub- priated to the Administrator for fiscal year
proval processes through the hiring and
section (b). 2022, out of any money in the Treasury not
training of personnel, the development of
‘‘(2) GREENHOUSE GAS AIR POLLUTION IMPLE- otherwise appropriated—
programmatic documents, the procurement
MENTATION GRANTS.—In addition to amounts ‘‘(1) $2,800,000,000 to remain available until
of technical or scientific services for reviews,
otherwise available, there is appropriated to September 30, 2026, to award grants for the
the development of environmental data or
the Administrator for fiscal year 2022, out of activities described in subsection (b); and
information systems, stakeholder and com-
any amounts in the Treasury not otherwise ‘‘(2) $200,000,000 to remain available until
munity engagement, the purchase of new
appropriated, $4,750,000,000, to remain avail- equipment for environmental analysis, and September 30, 2026, to provide technical as-
able until September 30, 2026, to carry out the development of geographic information sistance to eligible entities related to grants
subsection (c). systems and other analysis tools, techniques, awarded under this section.
‘‘(3) ADMINISTRATIVE COSTS.—Of the funds ‘‘(b) GRANTS.—
and guidance to improve agency trans-
made available under paragraph (2), the Ad- ‘‘(1) IN GENERAL.—The Administrator shall
parency, accountability, and public engage-
ministrator shall reserve 3 percent for ad- use amounts made available under sub-
ment.
ministrative costs necessary to carry out section (a)(1) to award grants for periods of
SEC. 60115. LOW-EMBODIED CARBON LABELING
this section, including providing technical FOR CONSTRUCTION MATERIALS. up to 3 years to eligible entities to carry out
assistance to eligible entities, developing a (a) IN GENERAL.—In addition to amounts activities described in paragraph (2) that
plan that could be used as a model by grant- otherwise available, there is appropriated to benefit disadvantaged communities, as de-
the Administrator of the Environmental fined by the Administrator.
ees in developing a plan under subsection (b),
Protection Agency for fiscal year 2022, out of ‘‘(2) ELIGIBLE ACTIVITIES.—An eligible enti-
and modeling the effects of plans described
any money in the Treasury not otherwise ap- ty may use a grant awarded under this sub-
in this section.
‘‘(b) GREENHOUSE GAS AIR POLLUTION PLAN- propriated, $100,000,000, to remain available section for—
NING GRANTS.—The Administrator shall until September 30, 2026, for necessary ad- ‘‘(A) community-led air and other pollu-
make a grant to at least one eligible entity ministrative costs of the Administrator of tion monitoring, prevention, and remedi-
in each State for the costs of developing a the Environmental Protection Agency to ation, and investments in low- and zero-
plan for the reduction of greenhouse gas air carry out this section and to develop and emission and resilient technologies and re-
pollution to be submitted with an applica- carry out a program, in consultation with lated infrastructure and workforce develop-
tion for a grant under subsection (c). Each the Administrator of the Federal Highway ment that help reduce greenhouse gas (as de-
such plan shall include programs, policies, Administration for construction materials fined in section 211(o)(1)(G) (as in effect on
measures, and projects that will achieve or used in transportation projects and the Ad- the date of enactment of this section)) emis-
facilitate the reduction of greenhouse gas air ministrator of General Services for construc- sions and other air pollutants;
pollution. Not later than 270 days after the tion materials used for Federal buildings, to ‘‘(B) mitigating climate and health risks
date of enactment of this section, the Ad- identify and label low-embodied carbon con- from urban heat islands, extreme heat, wood
ministrator shall publish a funding oppor- struction materials and products based on— heater emissions, and wildfire events;
tunity announcement for grants under this (1) environmental product declarations; ‘‘(C) climate resiliency and adaptation;
subsection. (2) determinations of the California De- ‘‘(D) reducing indoor toxics and indoor air
‘‘(c) GREENHOUSE GAS AIR POLLUTION RE- partment of General Services Procurement pollution; or
DUCTION IMPLEMENTATION GRANTS.— Division, in consultation with the California ‘‘(E) facilitating engagement of disadvan-
‘‘(1) IN GENERAL.—The Administrator shall Air Resources Board; or taged communities in State and Federal pub-
competitively award grants to eligible enti- (3) determinations by other State agencies, lic processes, including facilitating such en-
ties to implement plans developed under sub- as verified by the Administrator of the Envi- gagement in advisory groups, workshops,
section (b). ronmental Protection Agency. and rulemakings.
‘‘(2) APPLICATION.—To apply for a grant (b) DEFINITIONS.—In this section: ‘‘(3) ELIGIBLE ENTITIES.—In this subsection,
under this subsection, an eligible entity (1) EMBODIED CARBON.—The term ‘‘em- the term ‘eligible entity’ means—
shall submit to the Administrator an appli- bodied carbon’’ means the quantity of green- ‘‘(A) a partnership between—
cation at such time, in such manner, and house gas (as defined in section 211(o)(1)(G) ‘‘(i) an Indian tribe, a local government, or
containing such information as the Adminis- of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)) an institution of higher education; and
trator shall require, which such application (as in effect on the date of enactment of this ‘‘(ii) a community-based nonprofit organi-
dlhill on DSK120RN23PROD with SENATE
shall include information regarding— Act)) emissions associated with all relevant zation;
‘‘(A) the degree to which greenhouse gas stages of production of a material or prod- ‘‘(B) a community-based nonprofit organi-
air pollution is projected to be reduced, in- uct, measured in kilograms of carbon diox- zation; or
cluding with respect to low-income and dis- ide-equivalent per unit of such material or ‘‘(C) a partnership of community-based
advantaged communities; and product. nonprofit organizations.
‘‘(B) the quantifiability, specificity, (2) ENVIRONMENTAL PRODUCT DECLARA- ‘‘(c) ADMINISTRATIVE COSTS.—The Adminis-
additionality, permanence, and verifiability TION.—The term ‘‘environmental product trator shall reserve 7 percent of the amounts
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4225
made available under subsection (a) for ad- (5) to provide a contractor performing a (I) $8,000 per single-family home or dwell-
ministrative costs to carry out this sec- home energy efficiency retrofit or an ing unit; and
tion.’’. aggregator who has the right to claim a re- (II) 80 percent of the project cost; and
--- bate $200 for each home located in an under- (iii) for measured energy savings, in the
SA 5204. Mr. LANKFORD submitted served community that receives a home en- case of a single-family home, multifamily
an amendment intended to be proposed ergy efficiency retrofit for which a rebate is building, or portfolio of single-family homes
to amendment SA 5194 proposed by Mr. provided under the program; and or multifamily buildings that achieves en-
SCHUMER to the bill H.R. 5376, to pro- (6) to ensure that a homeowner or ergy savings of not less than 15 percent—
vide for reconciliation pursuant to title aggregator does not receive a rebate for the (I) a payment rate per kilowatt hour saved,
II of S. Con. Res. 14; which was ordered same upgrade through both a HOMES rebate or kilowatt hour-equivalent saved, equal to
program and any other Federal grant or re- $4,000 for a 20 percent reduction of energy use
to lie on the table; as follows: bate program, pursuant to subsection (c)(8). per single-family home or dwelling unit, as
Strike sections 50121 through 50123 and in- (c) HOMES REBATE PROGRAM.— applicable, for the average single-family
sert the following: (1) IN GENERAL.—A HOMES rebate program home or multifamily building in the State;
SEC. 50121. HOME ENERGY PERFORMANCE- carried out by a State energy office receiv-
BASED, WHOLE-HOUSE REBATES.
or
ing a grant pursuant to this section shall (II) 80 percent of the project cost.
(a) APPROPRIATION.— provide rebates to homeowners and
(1) IN GENERAL.—In addition to amounts (3) REBATES TO LOW- OR MODERATE-INCOME
aggregators for whole-house energy saving HOUSEHOLDS.—
otherwise available, there is appropriated to retrofits begun on or after the date of enact- (A) IN GENERAL.—A State energy office car-
the Secretary for fiscal year 2022, out of any ment of this Act and completed by not later rying out a HOMES rebate program using a
money in the Treasury not otherwise appro- than September 30, 2031. grant awarded pursuant to this section is en-
priated, $4,300,000,000, to remain available (2) AMOUNT OF REBATE.—Subject to para- couraged to provide rebates, to the max-
through September 30, 2031, to carry out a graph (3)(B), under a HOMES rebate pro- imum extent practicable, to low- or mod-
program to award grants to State energy of- gram, the amount of a rebate shall not ex- erate-income households.
fices to develop and implement a HOMES re- ceed— (B) INCREASE IN REBATE AMOUNT.—On ap-
bate program. (A) for individuals and aggregators car- proval from the Secretary, notwithstanding
(2) ALLOCATION OF FUNDS.— rying out energy efficiency upgrades of sin- paragraph (2), a State energy office carrying
(A) IN GENERAL.—The Secretary shall re- gle-family homes— out a HOMES rebate program using a grant
serve funds made available under paragraph (i) in the case of a retrofit that achieves awarded pursuant to this section may in-
(1) for each State energy office— modeled energy system savings of not less
crease rebate amounts for low- or moderate-
(i) in accordance with the allocation for- than 20 percent but less than 35 percent, the
income households.
mula for the State Energy Program in effect lesser of—
(4) USE OF FUNDS.—A State energy office
on January 1, 2022; and (I) $2,000; and
that receives a grant pursuant to this sec-
(ii) to be distributed to a State energy of- (II) 50 percent of the project cost;
tion may use not more than 20 percent of the
fice if the application of the State energy of- (ii) in the case of a retrofit that achieves
grant amount for planning, administration,
fice under subsection (b) is approved. modeled energy system savings of not less
or technical assistance related to a HOMES
(B) ADDITIONAL FUNDS.—Not earlier than 2 than 35 percent, the lesser of—
rebate program.
years after the date of enactment of this (I) $4,000; and
(5) DATA ACCESS GUIDELINES.—The Sec-
Act, any money reserved under subparagraph (II) 50 percent of the project cost; and
(iii) for measured energy savings, in the retary shall develop and publish guidelines
(A) but not distributed under clause (ii) of
case of a home or portfolio of homes that for States relating to residential electric and
that subparagraph shall be redistributed to
achieves energy savings of not less than 15 natural gas energy data sharing.
the State energy offices operating a HOMES
percent— (6) COORDINATION.—In carrying out this
rebate program using a grant received under
(I) a payment rate per kilowatt hour saved, section, the Secretary shall coordinate with
this section in proportion to the amount dis-
or kilowatt hour-equivalent saved, equal to State energy offices to ensure that HOMES
tributed to those State energy offices under
$2,000 for a 20 percent reduction of energy use rebate programs for which grants are pro-
subparagraph (A)(ii).
for the average home in the State; or vided under this section are developed to
(3) ADMINISTRATIVE EXPENSES.—Of the
(II) 50 percent of the project cost; achieve maximum greenhouse gas emissions
funds made available under paragraph (1),
(B) for multifamily building owners and reductions and household energy and costs
the Secretary shall use not more than 3 per-
aggregators carrying out energy efficiency savings regardless of source energy.
cent for—
upgrades of multifamily buildings— (7) EXEMPTION.—Activities carried out by a
(A) administrative purposes; and
(i) in the case of a retrofit that achieves State energy office using a grant awarded
(B) providing technical assistance relating
modeled energy system savings of not less pursuant to this section shall not be subject
to activities carried out under this section.
(b) APPLICATION.—A State energy office than 20 percent but less than 35 percent, to the expenditure prohibitions and limita-
seeking a grant under this section shall sub- $2,000 per dwelling unit, with a maximum of tions described in section 420.18 of title 10,
mit to the Secretary an application that in- $200,000 per multifamily building; Code of Federal Regulations.
cludes a plan to implement a HOMES rebate (ii) in the case of a retrofit that achieves (8) PROHIBITION ON COMBINING REBATES.—A
program, including a plan— modeled energy system savings of not less rebate provided by a State energy office
(1) to use procedures, as approved by the than 35 percent, $4,000 per dwelling unit, with under a HOMES rebate program may not be
Secretary, for determining the reductions in a maximum of $400,000 per multifamily build- combined with any other Federal grant or
home energy use resulting from the imple- ing; or rebate for the same single upgrade.
mentation of a home energy efficiency ret- (iii) for measured energy savings, in the (d) DEFINITIONS.—In this section:
rofit that is calibrated to historical energy case of a multifamily building or portfolio of (1) HOMES REBATE PROGRAM.—The term
usage for a home consistent with BPI 2400, multifamily buildings that achieves energy ‘‘HOMES rebate program’’ means a Home
for purposes of modeled performance home savings of not less than 15 percent— Owner Managing Energy Savings rebate pro-
rebates; (I) a payment rate per kilowatt hour saved, gram established by a State energy office as
(2) to use open-source advanced measure- or kilowatt hour-equivalent saved, equal to part of an approved State energy conserva-
ment and verification software, as approved $2,000 for a 20 percent reduction of energy use tion plan under the State Energy Program.
by the Secretary, for determining and docu- per dwelling unit for the average multi- (2) LOW- OR MODERATE-INCOME HOUSEHOLD.—
menting the monthly and hourly (if avail- family building in the State; or The term ‘‘low- or moderate-income house-
able) weather-normalized energy use of a (II) 50 percent of the project cost; and hold’’ means an individual or family the
home before and after the implementation of (C) for individuals and aggregators car- total annual income of which is less than 80
a home energy efficiency retrofit, for pur- rying out energy efficiency upgrades of a sin- percent of the median income of the area in
poses of measured performance home re- gle-family home occupied by a low- or mod- which the individual or family resides, as re-
bates; erate-income household or a multifamily ported by the Department of Housing and
(3) to value savings based on time, loca- building not less than 50 percent of the Urban Development, including an individual
tion, or greenhouse gas emissions; dwelling units of which are occupied by low- or family that has demonstrated eligibility
(4) for quality monitoring to ensure that or moderate-income households— for another Federal program with income re-
each home energy efficiency retrofit for (i) in the case of a retrofit that achieves strictions equal to or below 80 percent of
which a rebate is provided is documented in modeled energy system savings of not less area median income.
a certificate that— than 20 percent but less than 35 percent, the (3) UNDERSERVED COMMUNITY.—The term
dlhill on DSK120RN23PROD with SENATE
(A) is provided by the contractor and cer- lesser of— ‘‘underserved community’’ means—
tified by a third party to the homeowner; (I) $4,000 per single-family home or dwell- (A) a community located in a ZIP code
and ing unit; and that includes 1 or more census tracts that in-
(B) details the work performed, the equip- (II) 80 percent of the project cost; clude—
ment and materials installed, and the pro- (ii) in the case of a retrofit that achieves (i) a low-income community; or
jected energy savings or energy generation modeled energy system savings of not less (ii) a community of racial or ethnic minor-
to support accurate valuation of the retrofit; than 35 percent, the lesser of— ity concentration; and
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S4226 CONGRESSIONAL RECORD — SENATE August 6, 2022
(B) any other community that the Sec- scribed in the 2017–2022 Outer Continental year period beginning on the date of enact-
retary determines is disproportionately vul- Shelf Oil and Gas Leasing Proposed Final ment of this Act—
nerable to, or bears a disproportionate bur- Program published on November 18, 2016, and (1) the Secretary may not issue a right-of-
den of, any combination of economic, social, approved by the Secretary in the Record of way for wind or solar energy development on
and environmental stressors. Decision issued on January 17, 2017, de- Federal land unless—
SEC. 50122. STATE-BASED HOME ENERGY EFFI- scribed in the notice of availability entitled (A) an onshore lease sale has been held dur-
CIENCY CONTRACTOR TRAINING ‘‘Record of Decision for the 2017–2022 Outer ing the 120-day period ending on the date of
GRANTS. Continental Shelf Oil and Gas Leasing Pro- the issuance of the right-of-way for wind or
(a) APPROPRIATION.—In addition to gram Final Programmatic Environmental solar energy development; and
amounts otherwise available, there is appro- Impact Statement; MMAA104000’’ (82 Fed. (B) the sum total of acres offered for lease
priated to the Secretary for fiscal year 2022, Reg. 6643 (January 19, 2017)). in onshore lease sales during the 1-year pe-
out of any money in the Treasury not other- (b) LEASE SALE 257 REINSTATEMENT.— riod ending on the date of the issuance of the
wise appropriated, $200,000,000, to remain (1) ACCEPTANCE OF BIDS.—Not later 30 days right-of-way for wind or solar energy devel-
available through September 30, 2031, to after the date of enactment of this Act, the opment is not less than the lesser of—
carry out a program to provide financial as- Secretary shall, without modification or (i) 2,000,000 acres; and
sistance to States to develop and implement delay— (ii) 50 percent of the acreage for which ex-
a State program described in section (A) accept the highest valid bid for each pressions of interest have been submitted for
362(d)(13) of the Energy Policy and Conserva- tract or bidding unit of Lease Sale 257 for lease sales during that period; and
tion Act (42 U.S.C. 6322(d)(13)), which shall which a valid bid was received on November (2) the Secretary may not issue a lease for
provide training and education to contrac-
17, 2021; and offshore wind development under section
tors involved in the installation of home en-
(B) provide the appropriate lease form to 8(p)(1)(C) of the Outer Continental Shelf
ergy efficiency and electrification improve-
the winning bidder to execute and return. Lands Act (43 U.S.C. 1337(p)(1)(C)) unless—
ments, including improvements eligible for
(2) LEASE ISSUANCE.—On receipt of an exe- (A) an offshore lease sale has been held
rebates under a HOMES rebate program (as
defined in section 50121(d)), as part of an ap- cuted lease form under paragraph (1)(B) and during the 1-year period ending on the date
proved State energy conservation plan under payment of the rental for the first year, the of the issuance of the lease for offshore wind
the State Energy Program. balance of the bonus bid (unless deferred), development; and
(b) USE OF FUNDS.—A State may use and any required bond or security from the (B) the sum total of acres offered for lease
amounts received under subsection (a)— high bidder, the Secretary shall promptly in offshore lease sales during the 1-year pe-
(1) to reduce the cost of training con- issue to the high bidder a fully executed riod ending on the date of the issuance of the
tractor employees; lease, in accordance with— lease for offshore wind development is not
(2) to provide testing and certification of (A) the regulations in effect on the date of less than 60,000,000 acres.
contractors trained and educated under a Lease Sale 257; and (c) SAVINGS.—Except as expressly provided
State program developed and implemented (B) the terms and conditions of the final in paragraphs (1) and (2) of subsection (b),
pursuant to subsection (a); and notice of sale entitled ‘‘Gulf of Mexico Outer nothing in this section supersedes, amends,
(3) to partner with nonprofit organizations Continental Shelf Oil and Gas Lease Sale or modifies existing law.
to develop and implement a State program 257’’ (86 Fed. Reg. 54728 (October 4, 2021)). PART 7—UNITED STATES GEOLOGICAL
pursuant to subsection (a). (c) REQUIREMENT FOR 2022 LEASE SALES.— SURVEY
(c) ADMINISTRATIVE EXPENSES.—Of the Notwithstanding the expiration of the 2017–
SEC. 50271. UNITED STATES GEOLOGICAL SUR-
amounts received by a State under sub- 2022 leasing program, not later than Decem-
VEY 3D ELEVATION PROGRAM.
section (a), a State shall use not more than ber 31, 2022, the Secretary shall conduct the
2022 Lease Sales in accordance with the In addition to amounts otherwise avail-
10 percent for administrative expenses asso- able, there is appropriated to the Secretary,
ciated with developing and implementing a Record of Decision approved by the Sec-
retary on January 17, 2017, described in the acting through the Director of the United
State program pursuant to that subsection. States Geological Survey, for fiscal year
--- notice of availability entitled ‘‘Record of De-
cision for the 2017–2022 Outer Continental 2022, out of any money in the Treasury not
SA 5205. Mr. LANKFORD submitted
Shelf Oil and Gas Leasing Program Final otherwise appropriated, $23,500,000, to remain
an amendment intended to be proposed available through September 30, 2031, to
to amendment SA 5194 proposed by Mr. Programmatic Environmental Impact State-
ment; MMAA104000’’ issued on January 17, produce, collect, disseminate, and use 3D ele-
SCHUMER to the bill H.R. 5376, to pro- vation data.
2017 (82 Fed. Reg. 6643 (January 19, 2017)).
vide for reconciliation pursuant to title (d) REQUIREMENT FOR LEASE SALE 261.— PART 8—OTHER NATURAL RESOURCES
II of S. Con. Res. 14; which was ordered Notwithstanding the expiration of the 2017– MATTERS
to lie on the table; as follows: 2022 leasing program, not later than Sep- SEC. 50281. DEPARTMENT OF THE INTERIOR
Strike section 50261 and all that follows tember 30, 2023, the Secretary shall conduct OVERSIGHT.
through section 60201 and insert the fol- Lease Sale 261 in accordance with the Record In addition to amounts otherwise avail-
lowing: of Decision approved by the Secretary on able, there is appropriated to the Secretary
SEC. 50261. LEASE SALES UNDER THE 2017–2022 January 17, 2017, described in the notice of for fiscal year 2022, out of any money in the
OUTER CONTINENTAL SHELF LEAS- availability entitled ‘‘Record of Decision for Treasury not otherwise appropriated,
ING PROGRAM. the 2017–2022 Outer Continental Shelf Oil and $10,000,000, to remain available through Sep-
(a) DEFINITIONS.—In this section: Gas Leasing Program Final Programmatic tember 30, 2031, for oversight by the Depart-
(1) 2022 LEASE SALES.—The term ‘‘2022 Environmental Impact Statement; ment of the Interior Office of Inspector Gen-
Lease Sales’’ means each of the following MMAA104000’’ issued on January 17, 2017 (82 eral of the Department of the Interior activi-
lease sales described in the 2017–2022 Outer Fed. Reg. 6643 (January 19, 2017)). ties for which funding is appropriated in this
Continental Shelf Oil and Gas Leasing Pro- SEC. 50262. ENSURING ENERGY SECURITY. subtitle.
posed Final Program published on November (a) DEFINITIONS.—In this section:
18, 2016, and approved by the Secretary in the Subtitle C—Environmental Reviews
(1) FEDERAL LAND.—The term ‘‘Federal
Record of Decision issued on January 17, land’’ means public lands (as defined in sec- SEC. 50301. DEPARTMENT OF ENERGY.
2017, described in the notice of availability tion 103 of the Federal Land Policy and Man- In addition to amounts otherwise avail-
entitled ‘‘Record of Decision for the 2017–2022 agement Act of 1976 (43 U.S.C. 1702)). able, there is appropriated to the Secretary
Outer Continental Shelf Oil and Gas Leasing (2) OFFSHORE LEASE SALE.—The term ‘‘off- of Energy for fiscal year 2022, out of any
Program Final Programmatic Environ- shore lease sale’’ means an oil and gas lease money in the Treasury not otherwise appro-
mental Impact Statement; MMAA104000’’ (82 sale— priated, $125,000,000, to remain available
Fed. Reg. 6643 (January 19, 2017)): (A) that is held by the Secretary in accord- through September 30, 2031, to provide for
(A) Lease Sale 258. ance with the Outer Continental Shelf Lands the hiring and training of personnel, the de-
(B) Lease Sale 259. Act (43 U.S.C. 1331 et seq.); and velopment of programmatic environmental
(2) LEASE SALE 257.—The term ‘‘Lease Sale (B) that, if any acceptable bids have been documents, the procurement of technical or
257’’ means the lease sale numbered 257 that received for any tract offered in the lease scientific services for environmental re-
was approved in the Record of Decision de- sale, results in the issuance of a lease. views, the development of environmental
scribed in the notice of availability of a (3) ONSHORE LEASE SALE.—The term ‘‘on- data or information systems, stakeholder
record of decision issued on August 31, 2021, shore lease sale’’ means a quarterly oil and and community engagement, and the pur-
entitled ‘‘Gulf of Mexico, Outer Continental gas lease sale— chase of new equipment for environmental
Shelf (OCS), Oil and Gas Lease Sale 257’’ (86 (A) that is held by the Secretary in accord- analysis to facilitate timely and efficient en-
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Fed. Reg. 50160 (September 7, 2021)), and is ance with section 17 of the Mineral Leasing vironmental reviews and authorizations.
the subject of the final notice of sale entitled Act (30 U.S.C. 226); and SEC. 50302.
FEDERAL ENERGY REGULATORY
‘‘Gulf of Mexico Outer Continental Shelf Oil (B) that, if any acceptable bids have been COMMISSION.
and Gas Lease Sale 257’’ (86 Fed. Reg. 54728 received for any parcel offered in the lease (a) IN GENERAL.—In addition to amounts
(October 4, 2021)). sale, results in the issuance of a lease. otherwise available, there is appropriated to
(3) LEASE SALE 261.—The term ‘‘Lease Sale (b) LIMITATION ON ISSUANCE OF CERTAIN the Federal Energy Regulatory Commission
261’’ means the lease sale numbered 261 de- LEASES OR RIGHTS-OF-WAY.—During the 10- for fiscal year 2022, out of any money in the
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4227
Treasury not otherwise appropriated, ‘‘(2) purchasing, installing, operating, and tion 107 as nonattainment for an air pollut-
$100,000,000, to remain available through Sep- maintaining infrastructure needed to charge, ant.
tember 30, 2031, to provide for the hiring and fuel, or maintain zero-emission vehicles; ‘‘(b) LIMITATION.—Funds awarded under
training of personnel, the development of ‘‘(3) workforce development and training to this section shall not be used by any recipi-
programmatic environmental documents, support the maintenance, charging, fueling, ent or subrecipient to purchase or install
the procurement of technical or scientific and operation of zero-emission vehicles; and zero-emission port equipment or technology
services for environmental reviews, the de- ‘‘(4) planning and technical activities to that will not be located at, or directly serve,
velopment of environmental data or infor- support the adoption and deployment of the one or more ports involved.
mation systems, stakeholder and community zero-emission vehicles. ‘‘(c) ADMINISTRATION OF FUNDS.—Of the
engagement, and the purchase of new equip- ‘‘(c) APPLICATIONS.—To seek an award funds made available by this section, the Ad-
ment for environmental analysis to facili- under this section, an eligible recipient or el- ministrator shall reserve 2 percent for ad-
tate timely and efficient environmental re- igible contractor shall submit to the Admin- ministrative costs necessary to carry out
views and authorizations. istrator an application at such time, in such this section.
(b) FEES AND CHARGES.—Section 3401(a) of manner, and containing such information as ‘‘(d) DEFINITIONS.—In this section:
the Omnibus Budget Reconciliation Act of the Administrator shall prescribe. ‘‘(1) ELIGIBLE RECIPIENT.—The term ‘eligi-
1986 (42 U.S.C. 7178(a)) shall not apply to the ‘‘(d) DEFINITIONS.—For purposes of this sec- ble recipient’ means—
costs incurred by the Federal Energy Regu- tion: ‘‘(A) a port authority;
latory Commission in carrying out this sec- ‘‘(1) ELIGIBLE CONTRACTOR.—The term ‘eli- ‘‘(B) a State, regional, local, or Tribal
tion. gible contractor’ means a contractor that agency that has jurisdiction over a port au-
SEC. 50303. DEPARTMENT OF THE INTERIOR. has the capacity— thority or a port;
In addition to amounts otherwise avail- ‘‘(A) to sell, lease, license, or contract for ‘‘(C) an air pollution control agency; or
able, there is appropriated to the Secretary service zero-emission vehicles, or charging ‘‘(D) a private entity (including a nonprofit
of the Interior for fiscal year 2022, out of any or other equipment needed to charge, fuel, or organization) that—
money in the Treasury not otherwise appro- maintain zero-emission vehicles, to individ- ‘‘(i) applies for a grant under this section
priated, $150,000,000, to remain available uals or entities that own, lease, license, or in partnership with an entity described in
through September 30, 2026, to provide for contract for service an eligible vehicle; or any of subparagraphs (A) through (C); and
the hiring and training of personnel, the de- ‘‘(B) to arrange financing for such a sale, ‘‘(ii) owns, operates, or uses the facilities,
velopment of programmatic environmental lease, license, or contract for service. cargo-handling equipment, transportation
documents, the procurement of technical or ‘‘(2) ELIGIBLE RECIPIENT.—The term ‘eligi- equipment, or related technology of a port.
scientific services for environmental re- ble recipient’ means— ‘‘(2) GREENHOUSE GAS.—The term ‘green-
views, the development of environmental ‘‘(A) a State; house gas’ has the meaning given the term in
data or information systems, stakeholder ‘‘(B) a municipality; section 211(o)(1)(G) (as in effect on the date
and community engagement, and the pur- ‘‘(C) an Indian tribe; or of enactment of this section).
chase of new equipment for environmental ‘‘(D) a nonprofit school transportation as- ‘‘(3) QUALIFIED CLIMATE ACTION PLAN.—The
analysis to facilitate timely and efficient en- sociation. term ‘qualified climate action plan’ means a
vironmental reviews and authorizations by ‘‘(3) ELIGIBLE VEHICLE.—The term ‘eligible detailed and strategic plan that—
the National Park Service, the Bureau of vehicle’ means a Class 6 or Class 7 heavy- ‘‘(A) establishes goals, implementation
Land Management, the Bureau of Ocean En- duty vehicle as defined in section 1037.801 of strategies, and accounting and inventory
ergy Management, the Bureau of Reclama- title 40, Code of Federal Regulations (as in practices (including practices used to meas-
tion, the Bureau of Safety and Environ- effect on the date of enactment of this sec- ure progress toward stated goals) to reduce
mental Enforcement, and the Office of Sur- tion). emissions at one or more ports of—
face Mining Reclamation and Enforcement. ‘‘(4) ZERO-EMISSION VEHICLE.—The term ‘‘(i) greenhouse gases;
TITLE VI—COMMITTEE ON ENVIRONMENT ‘zero-emission vehicle’ means a vehicle that ‘‘(ii) an air pollutant that is listed pursu-
AND PUBLIC WORKS has a drivetrain that produces, under any ant to section 108(a) (or any precursor to
Subtitle A—Air Pollution possible operational mode or condition, zero such an air pollutant); and
SEC. 60101. CLEAN HEAVY-DUTY VEHICLES. exhaust emissions of— ‘‘(iii) hazardous air pollutants;
The Clean Air Act is amended by inserting ‘‘(A) any air pollutant that is listed pursu- ‘‘(B) includes a strategy to collaborate
after section 131 of such Act (42 U.S.C. 7431) ant to section 108(a) (or any precursor to with, communicate with, and address poten-
the following: such an air pollutant); and tial effects on stakeholders that may be af-
‘‘SEC. 132. CLEAN HEAVY-DUTY VEHICLES. ‘‘(B) any greenhouse gas (as defined in sec- fected by implementation of the plan, in-
‘‘(a) APPROPRIATIONS.— tion 211(o)(1)(G) (as in effect on the date of cluding low-income and disadvantaged near-
‘‘(1) IN GENERAL.—In addition to amounts enactment of this section)).’’. port communities; and
otherwise available, there is appropriated to SEC. 60102. GRANTS TO REDUCE AIR POLLUTION ‘‘(C) describes how an eligible recipient has
the Administrator for fiscal year 2022, out of AT PORTS. implemented or will implement measures to
any money in the Treasury not otherwise ap- The Clean Air Act is amended by inserting increase the resilience of the one or more
propriated, $600,000,000, to remain available after section 132 of such Act, as added by sec- ports involved, including measures related to
until September 30, 2031, to carry out this tion 60101 of this Act, the following: withstanding and recovering from extreme
section. ‘‘SEC. 133. GRANTS TO REDUCE AIR POLLUTION weather events.
‘‘(2) NONATTAINMENT AREAS.—In addition to AT PORTS. ‘‘(4) ZERO-EMISSION PORT EQUIPMENT OR
amounts otherwise available, there is appro- ‘‘(a) APPROPRIATIONS.— TECHNOLOGY.—The term ‘zero-emission port
priated to the Administrator for fiscal year ‘‘(1) GENERAL ASSISTANCE.—In addition to equipment or technology’ means human-op-
2022, out of any money in the Treasury not amounts otherwise available, there is appro- erated equipment or human-maintained
otherwise appropriated, $400,000,000, to re- priated to the Administrator for fiscal year technology that—
main available until September 30, 2031, to 2022, out of any money in the Treasury not ‘‘(A) produces zero emissions of any air
make awards under this section to eligible otherwise appropriated, $2,250,000,000, to re- pollutant that is listed pursuant to section
recipients and to eligible contractors that main available until September 30, 2027, to 108(a) (or any precursor to such an air pollut-
propose to replace eligible vehicles to serve 1 award rebates and grants to eligible recipi- ant) and any greenhouse gas other than
or more communities located in an air qual- ents on a competitive basis— water vapor; or
ity area designated pursuant to section 107 ‘‘(A) to purchase or install zero-emission ‘‘(B) captures 100 percent of the emissions
as nonattainment for any air pollutant. port equipment or technology for use at, or described in subparagraph (A) that are pro-
‘‘(3) RESERVATION.—Of the funds appro- to directly serve, one or more ports; duced by an ocean-going vessel at berth.’’.
priated by paragraph (1), the Administrator ‘‘(B) to conduct any relevant planning or SEC. 60103. GREENHOUSE GAS REDUCTION FUND.
shall reserve 3 percent for administrative permitting in connection with the purchase
The Clean Air Act is amended by inserting
costs necessary to carry out this section. or installation of such zero-emission port
after section 133 of such Act, as added by sec-
‘‘(b) PROGRAM.—Beginning not later than equipment or technology; and
tion 60102 of this Act, the following:
180 days after the date of enactment of this ‘‘(C) to develop qualified climate action
section, the Administrator shall implement plans. ‘‘SEC. 134. GREENHOUSE GAS REDUCTION FUND.
a program to make awards of grants and re- ‘‘(2) NONATTAINMENT AREAS.—In addition to ‘‘(a) APPROPRIATIONS.—
bates to eligible recipients, and to make amounts otherwise available, there is appro- ‘‘(1) ZERO-EMISSION TECHNOLOGIES.—In addi-
awards of contracts to eligible contractors priated to the Administrator for fiscal year tion to amounts otherwise available, there is
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for providing rebates, for up to 100 percent of 2022, out of any money in the Treasury not appropriated to the Administrator for fiscal
costs for— otherwise appropriated, $750,000,000, to re- year 2022, out of any money in the Treasury
‘‘(1) the incremental costs of replacing an main available until September 30, 2027, to not otherwise appropriated, $7,000,000,000, to
eligible vehicle that is not a zero-emission award rebates and grants to eligible recipi- remain available until September 30, 2024, to
vehicle with a zero-emission vehicle, as de- ents to carry out activities described in make grants, on a competitive basis and be-
termined by the Administrator based on the paragraph (1) with respect to ports located in ginning not later than 180 calendar days
market value of the vehicles; air quality areas designated pursuant to sec- after the date of enactment of this section,
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S4228 CONGRESSIONAL RECORD — SENATE August 6, 2022
to States, municipalities, Tribal govern- ‘‘(C) is funded by public or charitable con- (c) of section 103 and section 105 of the Clean
ments, and eligible recipients for the pur- tributions; and Air Act (42 U.S.C. 7403(a)–(c), 7405)—
poses of providing grants, loans, or other ‘‘(D) invests in or finances projects alone (1) to expand the national ambient air
forms of financial assistance, as well as tech- or in conjunction with other investors. quality monitoring network with new multi-
nical assistance, to enable low-income and ‘‘(2) GREENHOUSE GAS.—The term ‘green- pollutant monitoring stations; and
disadvantaged communities to deploy or house gas’ has the meaning given the term in (2) to replace, repair, operate, and main-
benefit from zero-emission technologies, in- section 211(o)(1)(G) (as in effect on the date tain existing monitors.
cluding distributed technologies on residen- of enactment of this section). (c) AIR QUALITY SENSORS IN LOW-INCOME
tial rooftops, and to carry out other green- ‘‘(3) QUALIFIED PROJECT.—The term ‘quali- AND DISADVANTAGED COMMUNITIES.—In addi-
house gas emission reduction activities, as fied project’ includes any project, activity, tion to amounts otherwise available, there is
determined appropriate by the Adminis- or technology that— appropriated to the Administrator of the En-
trator in accordance with this section. ‘‘(A) reduces or avoids greenhouse gas vironmental Protection Agency for fiscal
‘‘(2) GENERAL ASSISTANCE.—In addition to emissions and other forms of air pollution in year 2022, out of any money in the Treasury
amounts otherwise available, there is appro- partnership with, and by leveraging invest- not otherwise appropriated, $3,000,000, to re-
priated to the Administrator for fiscal year ment from, the private sector; or main available until September 30, 2031, for
2022, out of any money in the Treasury not ‘‘(B) assists communities in the efforts of grants and other activities authorized under
otherwise appropriated, $11,970,000,000, to re- those communities to reduce or avoid green- subsections (a) through (c) of section 103 and
main available until September 30, 2024, to house gas emissions and other forms of air section 105 of the Clean Air Act (42 U.S.C.
make grants, on a competitive basis and be- pollution. 7403(a)–(c), 7405) to deploy, integrate, and op-
ginning not later than 180 calendar days ‘‘(4) PUBLICLY AVAILABLE EQUIPMENT.—The erate air quality sensors in low-income and
after the date of enactment of this section, term ‘publicly available equipment’ means disadvantaged communities.
to eligible recipients for the purposes of pro- equipment that— (d) EMISSIONS FROM WOOD HEATERS.—In ad-
viding financial assistance and technical as- ‘‘(A) is located at a multi-unit housing dition to amounts otherwise available, there
sistance in accordance with subsection (b). structure; is appropriated to the Administrator of the
‘‘(3) LOW-INCOME AND DISADVANTAGED COM- ‘‘(B) is located at a workplace and is avail- Environmental Protection Agency for fiscal
MUNITIES.—In addition to amounts otherwise able to employees of such workplace or em- year 2022, out of any money in the Treasury
available, there is appropriated to the Ad- ployees of a nearby workplace; or not otherwise appropriated, $15,000,000, to re-
ministrator for fiscal year 2022, out of any ‘‘(C) is at a location that is publicly acces- main available until September 30, 2031, for
money in the Treasury not otherwise appro- sible for a minimum of 12 hours per day at grants and other activities authorized under
priated, $8,000,000,000, to remain available least 5 days per week and networked or oth- subsections (a) through (c) of section 103 and
until September 30, 2024, to make grants, on erwise capable of being monitored remotely. section 105 of the Clean Air Act (42 U.S.C.
a competitive basis and beginning not later ‘‘(5) ZERO-EMISSION TECHNOLOGY.—The term 7403(a)–(c), 7405) for testing and other agency
than 180 calendar days after the date of en- ‘zero-emission technology’ means any tech- activities to address emissions from wood
actment of this section, to eligible recipients nology that produces zero emissions of— heaters.
for the purposes of providing financial assist- ‘‘(A) any air pollutant that is listed pursu-
(e) METHANE MONITORING.—In addition to
ance and technical assistance in low-income ant to section 108(a) (or any precursor to
amounts otherwise available, there is appro-
and disadvantaged communities in accord- such an air pollutant); and
priated to the Administrator of the Environ-
ance with subsection (b). ‘‘(B) any greenhouse gas.’’.
mental Protection Agency for fiscal year
‘‘(4) ADMINISTRATIVE COSTS.—In addition to SEC. 60104. DIESEL EMISSIONS REDUCTIONS.
2022, out of any money in the Treasury not
amounts otherwise available, there is appro- (a) GOODS MOVEMENT.—In addition to otherwise appropriated, $20,000,000, to remain
priated to the Administrator for fiscal year amounts otherwise available, there is appro- available until September 30, 2031, for grants
2022, out of any money in the Treasury not priated to the Administrator of the Environ- and other activities authorized under sub-
otherwise appropriated, $30,000,000, to remain mental Protection Agency for fiscal year sections (a) through (c) of section 103 and
available until September 30, 2031, for the ad- 2022, out of any money in the Treasury not section 105 of the Clean Air Act (42 U.S.C.
ministrative costs necessary to carry out ac- otherwise appropriated, $60,000,000, to remain 7403(a)–(c), 7405) for monitoring emissions of
tivities under this section. available until September 30, 2031, for grants, methane.
‘‘(b) USE OF FUNDS.—An eligible recipient rebates, and loans under section 792 of the
that receives a grant pursuant to subsection (f) CLEAN AIR ACT GRANTS.—In addition to
Energy Policy Act of 2005 (42 U.S.C. 16132) to
(a) shall use the grant in accordance with amounts otherwise available, there is appro-
identify and reduce diesel emissions result-
the following: priated to the Administrator of the Environ-
ing from goods movement facilities, and ve-
‘‘(1) DIRECT INVESTMENT.—The eligible re- mental Protection Agency for fiscal year
hicles servicing goods movement facilities,
cipient shall— 2022, out of any money in the Treasury not
in low-income and disadvantaged commu-
‘‘(A) provide financial assistance to quali- otherwise appropriated, $25,000,000, to remain
nities to address the health impacts of such
fied projects at the national, regional, State, available until September 30, 2031, for grants
emissions on such communities.
and local levels; and other activities authorized under sub-
(b) ADMINISTRATIVE COSTS.—The Adminis-
‘‘(B) prioritize investment in qualified sections (a) through (c) of section 103 and
trator of the Environmental Protection
projects that would otherwise lack access to section 105 of the Clean Air Act (42 U.S.C.
Agency shall reserve 2 percent of the
financing; and 7403(a)–(c), 7405).
amounts made available under this section
‘‘(C) retain, manage, recycle, and monetize for the administrative costs necessary to (g) OTHER ACTIVITIES.—In addition to
all repayments and other revenue received carry out activities pursuant to this section. amounts otherwise available, there is appro-
from fees, interest, repaid loans, and all SEC. 60105. FUNDING TO ADDRESS AIR POLLU- priated to the Administrator of the Environ-
other types of financial assistance provided TION. mental Protection Agency for fiscal year
using grant funds under this section to en- (a) FENCELINE AIR MONITORING AND 2022, out of any money in the Treasury not
sure continued operability. SCREENING AIR MONITORING.—In addition to otherwise appropriated, $45,000,000, to remain
‘‘(2) INDIRECT INVESTMENT.—The eligible re- amounts otherwise available, there is appro- available until September 30, 2031, to carry
cipient shall provide funding and technical priated to the Administrator of the Environ- out, with respect to greenhouse gases, sec-
assistance to establish new or support exist- mental Protection Agency for fiscal year tions 111, 115, 165, 177, 202, 211, 213, 231, and
ing public, quasi-public, not-for-profit, or 2022, out of any money in the Treasury not 612 of the Clean Air Act (42 U.S.C. 7411, 7415,
nonprofit entities that provide financial as- otherwise appropriated, $117,500,000, to re- 7475, 7507, 7521, 7545, 7547, 7571, and 7671k).
sistance to qualified projects at the State, main available until September 30, 2031, for (h) GREENHOUSE GAS AND ZERO-EMISSION
local, territorial, or Tribal level or in the grants and other activities authorized under STANDARDS FOR MOBILE SOURCES.—In addi-
District of Columbia, including community- subsections (a) through (c) of section 103 and tion to amounts otherwise available, there is
and low-income-focused lenders and capital section 105 of the Clean Air Act (42 U.S.C. appropriated to the Administrator of the En-
providers. 7403(a)–(c), 7405) to deploy, integrate, sup- vironmental Protection Agency for fiscal
‘‘(c) DEFINITIONS.—In this section: port, and maintain fenceline air monitoring, year 2022, out of any money in the Treasury
‘‘(1) ELIGIBLE RECIPIENT.—The term ‘eligi- screening air monitoring, national air toxics not otherwise appropriated, $5,000,000, to re-
ble recipient’ means a nonprofit organization trend stations, and other air toxics and com- main available until September 30, 2031, to
that— munity monitoring. provide grants to States to adopt and imple-
‘‘(A) is designed to provide capital, includ- (b) MULTIPOLLUTANT MONITORING STA- ment greenhouse gas and zero-emission
ing by leveraging private capital, and other TIONS.—In addition to amounts otherwise standards for mobile sources pursuant to sec-
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forms of financial assistance for the rapid available, there is appropriated to the Ad- tion 177 of the Clean Air Act (42 U.S.C. 7507).
deployment of low- and zero-emission prod- ministrator of the Environmental Protection (i) DEFINITION OF GREENHOUSE GAS.—In this
ucts, technologies, and services; Agency for fiscal year 2022, out of any money section, the term ‘‘greenhouse gas’’ has the
‘‘(B) does not take deposits other than de- in the Treasury not otherwise appropriated, meaning given the term in section
posits from repayments and other revenue $50,000,000, to remain available until Sep- 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
received from financial assistance provided tember 30, 2031, for grants and other activi- 7545(o)(1)(G)) (as in effect on the date of en-
using grant funds under this section; ties authorized under subsections (a) through actment of this Act).
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4229
SEC. 60106. FUNDING TO ADDRESS AIR POLLU- ‘‘(b) ADMINISTRATION OF FUNDS.—Of the destruction technologies under subsections
TION AT SCHOOLS. amounts made available under subsection (a) through (i) and subsection (k) of section
(a) IN GENERAL.—In addition to amounts (a), the Administrator shall reserve 2 percent 103 of division S of Public Law 116–260 (42
otherwise available, there is appropriated to for the administrative costs necessary to U.S.C. 7675).
the Administrator of the Environmental carry out activities pursuant to that sub- (b) ADMINISTRATION OF FUNDS.—Of the
Protection Agency for fiscal year 2022, out of section. funds made available pursuant to subsection
any money in the Treasury not otherwise ap- ‘‘(c) DEFINITION OF GREENHOUSE GAS.—In (a)(3), the Administrator of the Environ-
propriated, $37,500,000, to remain available this section, the term ‘greenhouse gas’ has mental Protection Agency shall reserve 5
until September 30, 2031, for grants and other the meaning given the term in section percent for administrative costs necessary to
activities to monitor and reduce air pollu- 211(o)(1)(G) (as in effect on the date of enact- carry out activities pursuant to such sub-
tion and greenhouse gas (as defined in sec- ment of this section).’’. section.
tion 211(o)(1)(G) of the Clean Air Act (42 SEC. 60108. FUNDING FOR SECTION 211(O) OF THE SEC. 60110. FUNDING FOR ENFORCEMENT TECH-
U.S.C. 7545(o)(1)(G)) (as in effect on the date CLEAN AIR ACT. NOLOGY AND PUBLIC INFORMATION.
of enactment of this Act)) emissions at (a) TEST AND PROTOCOL DEVELOPMENT.—In
schools in low-income and disadvantaged (a) COMPLIANCE MONITORING.—In addition
addition to amounts otherwise available, to amounts otherwise available, there is ap-
communities under subsections (a) through there is appropriated to the Administrator of
(c) of section 103 of the Clean Air Act (42 propriated to the Administrator of the Envi-
the Environmental Protection Agency for ronmental Protection Agency for fiscal year
U.S.C. 7403(a)–(c)) and section 105 of that Act fiscal year 2022, out of any money in the
(42 U.S.C. 7405). 2022, out of any money in the Treasury not
Treasury not otherwise appropriated, otherwise appropriated, $18,000,000, to remain
(b) TECHNICAL ASSISTANCE.—In addition to $5,000,000, to remain available until Sep-
amounts otherwise available, there is appro- available until September 30, 2031, to update
tember 30, 2031, to carry out section 211(o) of the Integrated Compliance Information Sys-
priated to the Administrator of the Environ-
the Clean Air Act (42 U.S.C. 7545(o)) with re- tem of the Environmental Protection Agen-
mental Protection Agency for fiscal year
spect to— cy and any associated systems, necessary in-
2022, out of any money in the Treasury not
(1) the development and establishment of formation technology infrastructure, or pub-
otherwise appropriated, $12,500,000, to remain
tests and protocols regarding the environ- lic access software tools to ensure access to
available until September 30, 2031, for pro-
viding technical assistance to schools in low- mental and public health effects of a fuel or compliance data and related information.
income and disadvantaged communities fuel additive; (b) COMMUNICATIONS WITH ICIS.—In addi-
under subsections (a) through (c) of section (2) internal and extramural data collection tion to amounts otherwise available, there is
103 of the Clean Air Act (42 U.S.C. 7403(a)–(c)) and analyses to regularly update applicable appropriated to the Administrator of the En-
and section 105 of that Act (42 U.S.C. 7405)— regulations, guidance, and procedures for de- vironmental Protection Agency for fiscal
(1) to address environmental issues; termining lifecycle greenhouse gas emissions year 2022, out of any money in the Treasury
(2) to develop school environmental qual- of a fuel; and not otherwise appropriated, $3,000,000, to re-
ity plans that include standards for school (3) the review, analysis and evaluation of main available until September 30, 2031, for
building, design, construction, and renova- the impacts of all transportation fuels, in- grants to States, Indian tribes, and air pollu-
tion; and cluding fuel lifecycle implications, on the tion control agencies (as such terms are de-
(3) to identify and mitigate ongoing air general public and on low-income and dis- fined in section 302 of the Clean Air Act (42
pollution hazards. advantaged communities. U.S.C. 7602)) to update their systems to en-
SEC. 60107. LOW EMISSIONS ELECTRICITY PRO- (b) INVESTMENTS IN ADVANCED BIOFUELS.—
sure communication with the Integrated
GRAM. In addition to amounts otherwise available,
Compliance Information System of the Envi-
The Clean Air Act is amended by inserting there is appropriated to the Administrator of
ronmental Protection Agency and any asso-
after section 134 of such Act, as added by sec- the Environmental Protection Agency for
ciated systems.
tion 60103 of this Act, the following: fiscal year 2022, out of any money in the
(c) INSPECTION SOFTWARE.—In addition to
‘‘SEC. 135. LOW EMISSIONS ELECTRICITY PRO- Treasury not otherwise appropriated,
amounts otherwise available, there is appro-
GRAM. $10,000,000, to remain available until Sep-
priated to the Administrator of the Environ-
‘‘(a) APPROPRIATION.—In addition to tember 30, 2031, for new grants to industry
mental Protection Agency for fiscal year
amounts otherwise available, there is appro- and other related activities under section
2022, out of any money in the Treasury not
priated to the Administrator for fiscal year 211(o) of the Clean Air Act (42 U.S.C. 7545(o))
otherwise appropriated, $4,000,000, to remain
2022, out of any money in the Treasury not to support investments in advanced biofuels.
(c) DEFINITION OF GREENHOUSE GAS.—In available until September 30, 2031—
otherwise appropriated, to remain available
this section, the term ‘‘greenhouse gas’’ has (1) to acquire or update inspection software
until September 30, 2031—
the meaning given the term in section for use by the Environmental Protection
‘‘(1) $17,000,000 for consumer-related edu-
211(o)(1)(G) of the Clean Air Act (42 U.S.C. Agency, States, Indian tribes, and air pollu-
cation and partnerships with respect to re-
7545(o)(1)(G)) (as in effect on the date of en- tion control agencies (as such terms are de-
ductions in greenhouse gas emissions that
actment of this Act). fined in section 302 of the Clean Air Act (42
result from domestic electricity generation
and use; SEC. 60109. FUNDING FOR IMPLEMENTATION OF
U.S.C. 7602)); or
‘‘(2) $17,000,000 for education, technical as- THE AMERICAN INNOVATION AND (2) to acquire necessary devices on which
sistance, and partnerships within low-income MANUFACTURING ACT. to run such inspection software.
and disadvantaged communities with respect (a) APPROPRIATIONS.— SEC. 60111. GREENHOUSE GAS CORPORATE RE-
(1) IN GENERAL.—In addition to amounts PORTING.
to reductions in greenhouse gas emissions
that result from domestic electricity genera- otherwise available, there is appropriated to In addition to amounts otherwise avail-
tion and use; the Administrator of the Environmental able, there is appropriated to the Adminis-
‘‘(3) $17,000,000 for industry-related out- Protection Agency for fiscal year 2022, out of trator of the Environmental Protection
reach and technical assistance, including any money in the Treasury not otherwise ap- Agency for fiscal year 2022, out of any money
through partnerships, with respect to reduc- propriated, $20,000,000, to remain available in the Treasury not otherwise appropriated,
tions in greenhouse gas emissions that result until September 30, 2026, to carry out sub- $5,000,000, to remain available until Sep-
from domestic electricity generation and sections (a) through (i) and subsection (k) of tember 30, 2031, for the Environmental Pro-
use; section 103 of division S of Public Law 116– tection Agency to support—
‘‘(4) $17,000,000 for outreach and technical 260 (42 U.S.C. 7675). (1) enhanced standardization and trans-
assistance to State, Tribal, and local govern- (2) IMPLEMENTATION AND COMPLIANCE parency of corporate climate action commit-
ments, including through partnerships, with TOOLS.—In addition to amounts otherwise ments and plans to reduce greenhouse gas (as
respect to reductions in greenhouse gas available, there is appropriated to the Ad- defined in section 211(o)(1)(G) of the Clean
emissions that result from domestic elec- ministrator of the Environmental Protection Air Act (42 U.S.C. 7545(o)(1)(G)) (as in effect
tricity generation and use; Agency for fiscal year 2022, out of any money on the date of enactment of this Act)) emis-
‘‘(5) $1,000,000 to assess, not later than 1 in the Treasury not otherwise appropriated, sions;
year after the date of enactment of this sec- $3,500,000, to remain available until Sep- (2) enhanced transparency regarding
tion, the reductions in greenhouse gas emis- tember 30, 2026, to deploy new implementa- progress toward meeting such commitments
sions that result from changes in domestic tion and compliance tools to carry out sub- and implementing such plans; and
electricity generation and use that are an- sections (a) through (i) and subsection (k) of (3) progress toward meeting such commit-
ticipated to occur on an annual basis section 103 of division S of Public Law 116– ments and implementing such plans.
through fiscal year 2031; and 260 (42 U.S.C. 7675). SEC. 60112.
ENVIRONMENTAL PRODUCT DEC-
‘‘(6) $18,000,000 to carry out this section to (3) COMPETITIVE GRANTS.—In addition to LARATION ASSISTANCE.
dlhill on DSK120RN23PROD with SENATE
ensure that reductions in greenhouse gas amounts otherwise available, there is appro- (a) IN GENERAL.—In addition to amounts
emissions from domestic electricity genera- priated to the Administrator of the Environ- otherwise available, there is appropriated to
tion and use are achieved through use of the mental Protection Agency for fiscal year the Administrator of the Environmental
authorities of this Act, including through 2022, out of any money in the Treasury not Protection Agency for fiscal year 2022, out of
the establishment of requirements under this otherwise appropriated, $15,000,000, to remain any money in the Treasury not otherwise ap-
Act, incorporating the assessment under available until September 30, 2026, for com- propriated, $250,000,000, to remain available
paragraph (5) as a baseline. petitive grants for reclaim and innovative until September 30, 2031, to develop and
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S4230 CONGRESSIONAL RECORD — SENATE August 6, 2022
carry out a program to support the develop- assistance to eligible entities, developing a SEC. 60115. LOW-EMBODIED CARBON LABELING
ment, and enhanced standardization and plan that could be used as a model by grant- FOR CONSTRUCTION MATERIALS.
transparency, of environmental product dec- ees in developing a plan under subsection (b), (a) IN GENERAL.—In addition to amounts
larations for construction materials and and modeling the effects of plans described otherwise available, there is appropriated to
products, including by— in this section. the Administrator of the Environmental
(1) providing grants to businesses that ‘‘(b) GREENHOUSE GAS AIR POLLUTION PLAN- Protection Agency for fiscal year 2022, out of
manufacture construction materials and NING GRANTS.—The Administrator shall any money in the Treasury not otherwise ap-
products for developing and verifying envi- make a grant to at least one eligible entity propriated, $100,000,000, to remain available
ronmental product declarations, and to in each State for the costs of developing a until September 30, 2026, for necessary ad-
States, Indian Tribes, and nonprofit organi- plan for the reduction of greenhouse gas air ministrative costs of the Administrator of
zations that will support such businesses; pollution to be submitted with an applica- the Environmental Protection Agency to
(2) providing technical assistance to busi- tion for a grant under subsection (c). Each carry out this section and to develop and
nesses that manufacture construction mate- such plan shall include programs, policies, carry out a program, in consultation with
rials and products in developing and measures, and projects that will achieve or the Administrator of the Federal Highway
verifying environmental product declara- facilitate the reduction of greenhouse gas air Administration for construction materials
tions, and to States, Indian Tribes, and non- pollution. Not later than 270 days after the used in transportation projects and the Ad-
profit organizations that will support such date of enactment of this section, the Ad- ministrator of General Services for construc-
businesses; and ministrator shall publish a funding oppor- tion materials used for Federal buildings, to
(3) carrying out other activities that assist tunity announcement for grants under this identify and label low-embodied carbon con-
in measuring, reporting, and steadily reduc- subsection. struction materials and products based on—
ing the quantity of embodied carbon of con- ‘‘(c) GREENHOUSE GAS AIR POLLUTION RE- (1) environmental product declarations;
struction materials and products. DUCTION IMPLEMENTATION GRANTS.— (2) determinations of the California De-
(b) ADMINISTRATIVE COSTS.—Of the ‘‘(1) IN GENERAL.—The Administrator shall partment of General Services Procurement
amounts made available under this section, competitively award grants to eligible enti- Division, in consultation with the California
the Administrator of the Environmental ties to implement plans developed under sub- Air Resources Board; or
Protection Agency shall reserve 5 percent for section (b). (3) determinations by other State agencies,
administrative costs necessary to carry out ‘‘(2) APPLICATION.—To apply for a grant as verified by the Administrator of the Envi-
this section. under this subsection, an eligible entity ronmental Protection Agency.
(c) DEFINITIONS.—In this section:
shall submit to the Administrator an appli- (b) DEFINITIONS.—In this section:
(1) EMBODIED CARBON.—The term ‘‘em-
cation at such time, in such manner, and (1) EMBODIED CARBON.—The term ‘‘em-
bodied carbon’’ means the quantity of green-
containing such information as the Adminis- bodied carbon’’ means the quantity of green-
house gas (as defined in section 211(o)(1)(G)
trator shall require, which such application house gas (as defined in section 211(o)(1)(G)
of the Clean Air Act (42 U.S.C. 7545(o)(1)(G))
shall include information regarding— of the Clean Air Act (42 U.S.C. 7545(o)(1)(G))
(as in effect on the date of enactment of this
‘‘(A) the degree to which greenhouse gas (as in effect on the date of enactment of this
Act)) emissions associated with all relevant
air pollution is projected to be reduced, in- Act)) emissions associated with all relevant
stages of production of a material or prod-
cluding with respect to low-income and dis- stages of production of a material or prod-
uct, measured in kilograms of carbon diox-
advantaged communities; and uct, measured in kilograms of carbon diox-
ide-equivalent per unit of such material or
‘‘(B) the quantifiability, specificity, ide-equivalent per unit of such material or
product.
additionality, permanence, and verifiability product.
(2) ENVIRONMENTAL PRODUCT DECLARA-
of such projected greenhouse gas air pollu- (2) ENVIRONMENTAL PRODUCT DECLARA-
TION.—The term ‘‘environmental product
tion reduction. TION.—The term ‘‘environmental product
declaration’’ means a document that reports
‘‘(3) TERMS AND CONDITIONS.—The Adminis- declaration’’ means a document that reports
the environmental impact of a material or
trator shall make funds available to a grant- the environmental impact of a material or
product that—
ee under this subsection in such amounts, product that—
(A) includes measurement of the embodied
upon such a schedule, and subject to such (A) includes measurement of the embodied
carbon of the material or product;
conditions based on its performance in im- carbon of the material or product;
(B) conforms with international standards,
plementing its plan submitted under this (B) conforms with international standards,
such as a Type III environmental product
section and in achieving projected green- such as a Type III environmental product
declaration, as defined by the International
house gas air pollution reduction, as deter- declaration as defined by the International
Organization for Standardization standard
mined by the Administrator. Organization for Standardization standard
14025; and
‘‘(d) DEFINITIONS.—In this section: 14025; and
(C) is developed in accordance with any
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible (C) is developed in accordance with any
standardized reporting criteria specified by
entity’ means— standardized reporting criteria specified by
the Administrator of the Environmental
‘‘(A) a State; the Administrator of the Environmental
Protection Agency.
‘‘(B) an air pollution control agency; Protection Agency.
(3) STATE.—The term ‘‘State’’ has the
‘‘(C) a municipality; (3) LOW-EMBODIED CARBON CONSTRUCTION
meaning given to that term in section 302(d)
‘‘(D) an Indian tribe; and MATERIALS AND PRODUCTS.—The term ‘‘low-
of the Clean Air Act (42 U.S.C. 7602(d)).
‘‘(E) a group of one or more entities listed embodied carbon construction materials and
SEC. 60113. CLIMATE POLLUTION REDUCTION
GRANTS. in subparagraphs (A) through (D). products’’ means construction materials and
The Clean Air Act is amended by inserting ‘‘(2) GREENHOUSE GAS.—The term ‘green- products identified by the Administrator of
after section 135 of such Act, as added by sec- house gas’ has the meaning given the term in the Environmental Protection Agency as
tion 60107 of this Act, the following: section 211(o)(1)(G) (as in effect on the date having substantially lower levels of em-
‘‘SEC. 136. GREENHOUSE GAS AIR POLLUTION of enactment of this section).’’. bodied carbon as compared to estimated in-
PLANS AND IMPLEMENTATION SEC. 60114. ENVIRONMENTAL PROTECTION dustry averages of similar materials or prod-
GRANTS. AGENCY EFFICIENT, ACCURATE, ucts.
‘‘(a) APPROPRIATIONS.— AND TIMELY REVIEWS. Subtitle B—Hazardous Materials
‘‘(1) GREENHOUSE GAS AIR POLLUTION PLAN- In addition to amounts otherwise avail-
SEC. 60201. ENVIRONMENTAL AND CLIMATE JUS-
NING GRANTS.—In addition to amounts other- able, there is appropriated to the Environ- TICE BLOCK GRANTS.
wise available, there is appropriated to the mental Protection Agency for fiscal year
Administrator for fiscal year 2022, out of any 2022, out of any money in the Treasury not The Clean Air Act is amended by inserting
amounts in the Treasury not otherwise ap- otherwise appropriated, $40,000,000, to remain after section 136, as added by subtitle A of
propriated, $250,000,000, to remain available available until September 30, 2026, to provide this title, the following:
until September 30, 2031, to carry out sub- for the development of efficient, accurate, ‘‘SEC. 137. ENVIRONMENTAL AND CLIMATE JUS-
section (b). and timely reviews for permitting and ap- TICE BLOCK GRANTS.
‘‘(2) GREENHOUSE GAS AIR POLLUTION IMPLE- proval processes through the hiring and ‘‘(a) APPROPRIATION.—In addition to
MENTATION GRANTS.—In addition to amounts training of personnel, the development of amounts otherwise available, there is appro-
otherwise available, there is appropriated to programmatic documents, the procurement priated to the Administrator for fiscal year
the Administrator for fiscal year 2022, out of of technical or scientific services for reviews, 2022, out of any money in the Treasury not
any amounts in the Treasury not otherwise the development of environmental data or otherwise appropriated—
appropriated, $4,750,000,000, to remain avail- information systems, stakeholder and com- ‘‘(1) $2,800,000,000 to remain available until
dlhill on DSK120RN23PROD with SENATE
able until September 30, 2026, to carry out munity engagement, the purchase of new September 30, 2026, to award grants for the
subsection (c). equipment for environmental analysis, and activities described in subsection (b); and
‘‘(3) ADMINISTRATIVE COSTS.—Of the funds the development of geographic information ‘‘(2) $200,000,000 to remain available until
made available under paragraph (2), the Ad- systems and other analysis tools, techniques, September 30, 2026, to provide technical as-
ministrator shall reserve 3 percent for ad- and guidance to improve agency trans- sistance to eligible entities related to grants
ministrative costs necessary to carry out parency, accountability, and public engage- awarded under this section.
this section, including providing technical ment. ‘‘(b) GRANTS.—
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4231
‘‘(1) IN GENERAL.—The Administrator shall At the end of title I, insert the following: sions of law amended by such subsections
use amounts made available under sub- Subtitle E—Health Savings Accounts shall be restored as if such subsections had
section (a)(1) to award grants for periods of SEC. 14001. INCREASE IN CONTRIBUTION LIMITA-
never been enacted.
up to 3 years to eligible entities to carry out TIONS. SEC. 14002. REPEALS.
activities described in paragraph (2) that (a) IN GENERAL.—Subsection (b) of section (a) INTERNAL REVENUE CODE OF 1986.—The
benefit disadvantaged communities, as de- 223 of the Internal Revenue Code of 1986 is amendments made by the following provi-
fined by the Administrator. amended— sions of this Act are repealed, and the Inter-
‘‘(2) ELIGIBLE ACTIVITIES.—An eligible enti- (1) by striking paragraph (1) and inserting nal Revenue Code of 1986 shall be applied as
ty may use a grant awarded under this sub- the following: if such amendments had not been enacted:
section for— ‘‘(1) IN GENERAL.—The amount allowable as (1) Section 13101.
‘‘(A) community-led air and other pollu- a deduction under subsection (a) to an indi- (2) Section 13102.
tion monitoring, prevention, and remedi- vidual for the taxable year shall not exceed— (3) Section 13103.
ation, and investments in low- and zero- ‘‘(A) in the case of an eligible individual (4) Section 13104.
emission and resilient technologies and re- who has self-only coverage under a high de- (5) Section 13201.
lated infrastructure and workforce develop- ductible health plan as of the first day of the (6) Section 13701.
ment that help reduce greenhouse gas (as de- taxable year, an amount equal to the appli- (7) Section 13702.
fined in section 211(o)(1)(G) (as in effect on cable dollar amount under paragraph (1)(B) (8) Section 13703.
the date of enactment of this section)) emis- of section 402(g) (as adjusted pursuant to (9) Section 13704.
sions and other air pollutants; paragraph (4) of such section) with respect to (b) EFFECTIVE DATE.—The repeals made by
‘‘(B) mitigating climate and health risks such taxable year, or this section shall take effect as if included in
from urban heat islands, extreme heat, wood ‘‘(B) in the case of an eligible individual the enactment of the section to which they
heater emissions, and wildfire events; who has family coverage under a high de- relate.
‘‘(C) climate resiliency and adaptation; ductible health plan as of the first day of the
‘‘(D) reducing indoor toxics and indoor air SA 5208. Mr. SANDERS (for himself
taxable year, an amount equal to 200 percent
pollution; or of the amount determined under subpara-
and Mr. MERKLEY) proposed an amend-
‘‘(E) facilitating engagement of disadvan- graph (A).’’, ment to amendment SA 5194 proposed
taged communities in State and Federal pub- (2) by striking paragraphs (2), (3), (7), and by Mr. SCHUMER to the bill H.R. 5376, to
lic processes, including facilitating such en- (8), provide for reconciliation pursuant to
gagement in advisory groups, workshops, (3) by inserting after paragraph (1) the fol- title II of S. Con. Res. 14; which was or-
and rulemakings. lowing:
‘‘(3) ELIGIBLE ENTITIES.—In this subsection, dered to lie on the table; as follows:
‘‘(2) ADDITIONAL CONTRIBUTIONS FOR INDI- At the end of title I, insert the following:
the term ‘eligible entity’ means— VIDUALS 50 OR OLDER.—In the case of an indi-
‘‘(A) a partnership between— Subtitle E—Other Provisions
vidual who has attained age 50 before the
‘‘(i) an Indian tribe, a local government, or close of the taxable year, the amount of the SEC. 14001. AMENDMENT OF 1986 CODE.
an institution of higher education; and limitation under subparagraphs (A) and (B) Except as otherwise expressly provided,
‘‘(ii) a community-based nonprofit organi- of paragraph (1) shall be increased by an whenever in this subtitle an amendment or
zation; amount equal to the applicable dollar repeal is expressed in terms of an amend-
‘‘(B) a community-based nonprofit organi- amount under subparagraph (B)(i) of section ment to, or repeal of, a section or other pro-
zation; or 414(v)(2) (as adjusted pursuant to subpara- vision, the reference shall be considered to
‘‘(C) a partnership of community-based graph (C) of such section).’’, be made to a section or other provision of
nonprofit organizations. (4) in paragraph (4), by striking the flush the Internal Revenue Code of 1986.
‘‘(c) ADMINISTRATIVE COSTS.—The Adminis- PART 1—CHILD TAX CREDIT
matter following subparagraph (C),
trator shall reserve 7 percent of the amounts
(5) in paragraph (5), by striking subpara- SEC. 14101. EXTENSIONS AND MODIFICATIONS.
made available under subsection (a) for ad-
graph (B) and inserting the following: (a) EXTENSIONS.—
ministrative costs to carry out this sec-
tion.’’. ‘‘(B) the limitation under paragraph (1) (1) EXTENSION OF CHILD TAX CREDIT.—Sec-
(after the application of subparagraph (A) tion 24(i) is amended—
SA 5206. Mr. LANKFORD submitted and without regard to any additional con- (A) by striking ‘‘January 1, 2022’’ in the
an amendment intended to be proposed tribution amount under paragraph (2)) shall matter preceding paragraph (1) and inserting
be divided equally between them unless they ‘‘January 1, 2027’’, and
by him to the bill H.R. 5376, to provide
agree on a different division.’’, and (B) by inserting ‘‘AND 2022’’ after ‘‘2021’’ in
for reconciliation pursuant to title II (6) by redesignating paragraphs (4), (5), and the heading thereof.
of S. Con. Res. 14; which was ordered to (6) as paragraphs (3), (4), and (5), respec- (2) EXTENSION OF PROVISIONS RELATED TO
lie on the table; as follows: tively. POSSESSIONS OF THE UNITED STATES.—
At the appropriate place, insert the fol- (b) CONFORMING AMENDMENTS.— (A) Section 24(k)(2)(B) is amended—
lowing: (1) Subparagraph (A) of section 223(d)(1) of (i) by striking ‘‘December 31, 2021’’ in the
SEC. lll. LIMITATION ON OBLIGATION OR EX- the Internal Revenue Code of 1986 is amended matter preceding clause (i) and inserting
PENDITURE OF FUNDS. by striking ‘‘the sum of—’’ and all that fol- ‘‘December 31, 2026’’, and
(a) IN GENERAL.—None of the amounts lows through the period and inserting ‘‘the (ii) by striking ‘‘AFTER 2021’’ in the head-
made available under this Act, or an amend- amount determined under subsection ing thereof and inserting ‘‘AFTER 2026’’.
ment made by this Act, may be obligated or (b)(1).’’. (B) Section 24(k)(3)(C)(ii) is amended—
expended until the date on which all (2) Subsection (g) of section 223 of such (i) in subclause (I), by striking ‘‘in 2021’’
amounts described in subsection (b) have Code is amended— and inserting ‘‘after December 31, 2020, and
been expended. (A) by striking ‘‘subsections (b)(2) and before January 1, 2027’’ after ‘‘2021,’’, and
(b) AMOUNTS.—The amounts described in (c)(2)(A)’’ both places it appears and insert- (ii) in subclause (II), by striking ‘‘Decem-
this subsection are amounts made available ing ‘‘subsection (c)(2)(A)’’, and ber 31, 2021’’ and inserting ‘‘December 31,
under— (B) by amending subparagraph (B) to read 2026’’.
(1) the American Rescue Plan Act of 2021 as follows: (C) The heading of section 24(k)(2)(A) is
(Public Law 117–2; 135 Stat. 4); ‘‘(B) the cost-of-living adjustment deter- amended by inserting ‘‘THROUGH 2026’’ after
(2) the Families First Coronavirus Re- mined under section 1(f)(3) for the calendar ‘‘2021’’.
sponse Act (Public Law 116–127; 134 Stat. 178); year in which such taxable year begins deter- (b) EXTENSION AND MODIFICATION OF AD-
(3) the CARES Act (Public Law 116–136; 134 mined by substituting ‘calendar year 2003’ VANCE PAYMENT.—
Stat. 281); for ‘calendar year 2016’ in subparagraph (1) IN GENERAL.—Section 7527A is amend-
(4) the Paycheck Protection Program and (A)(ii) thereof.’’. ed—
Health Care Enhancement Act (Public Law (3) Section 26(b)(2)(S) of such Code is (A) in subsection (b)(1), by striking ‘‘50 per-
116–139; 134 Stat. 620); amended by striking ‘‘, 223(b)(8)(B)(i)(II),’’. cent of’’ and inserting ‘‘100 percent (25 per-
(5) division M or N of the Consolidated Ap- (4) Section 408(d)(9)(C)(i)(I) of such Code is cent in the case of calendar year 2022) of’’,
propriations Act, 2021 (Public Law 116–260; amended by striking ‘‘computed on the basis (B) in clauses (i) and (ii) of subsection
134 Stat. 1909); or of the type of coverage under the high de- (e)(4)(C), by striking ‘‘in 2021’’ and inserting
(6) an amendment made by an Act or divi- ductible health plan covering the indi- ‘‘after December 31, 2020, and before January
sion described in paragraphs (1) through (5). vidual’’. 1, 2027’’, and
dlhill on DSK120RN23PROD with SENATE
(c) EFFECTIVE DATE.—The amendments (C) in subsection (f)—
SA 5207. Mr. PAUL submitted an
made by this section shall apply to taxable (i) in paragraph (1), by striking ‘‘or’’,
amendment intended to be proposed by years beginning after the date of the enact- (ii) in paragraph (2), by striking the period
him to the bill H.R. 5376, to provide for ment of this Act. at the end and inserting ‘‘, or before October
reconciliation pursuant to title II of S. (d) TEMPORARY APPLICATION.—On January 1, 2022, or’’, and
Con. Res. 14; which was ordered to lie 1, 2033, the amendments made by subsections (iii) by adding at the end the following new
on the table; as follows: (a) and (b) shall be repealed and the provi- paragraph:
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S4232 CONGRESSIONAL RECORD — SENATE August 6, 2022
‘‘(3) any period after December 31, 2026.’’. adding at the end the following new para- ‘‘(4) COORDINATION WITH POSSESSIONS OF THE
(2) ANNUAL ADVANCE AMOUNT.—Section graph: UNITED STATES.—For purposes of this sub-
7527A(b) is amended— ‘‘(5) ELECTION TO APPLY INCOME PHASEOUT section, payments made under section 7527A
(A) in paragraph (1)— ON BASIS OF INCOME FROM THE PRECEDING TAX- include payments made by any jurisdiction
(i) in subparagraph (A), by inserting ‘‘or ABLE YEAR.—In the case of a taxpayer who other than the United States under section
based on any other information known to elects (at such time and in such manner as 7527A of the income tax law of such jurisdic-
the Secretary’’ after ‘‘reference taxable the Secretary may provide) the application tion, and advance payments made by Amer-
year’’, of this paragraph for any taxable year, para- ican Samoa pursuant to a plan described in
(ii) in subparagraph (C), by inserting ‘‘un- graph (4) and subsection (b)(1) shall both be subsection (k)(3)(B). In carrying out this sec-
less determined by the Secretary based on applied with respect to the modified adjusted tion, the Secretary shall coordinate with
any information known to the Secretary,’’ gross income (as defined in subsection (b)) each possession of the United States to pre-
before ‘‘the only children’’, and for the taxpayer’s preceding taxable year.’’. vent any application of this paragraph that
(iii) in subparagraph (D), by inserting ‘‘un- (d) SAFE HARBOR EXCEPTION FOR FRAUD is inconsistent with the purposes of this sub-
less determined by the Secretary based on AND INTENTIONAL DISREGARD OF RULES AND section.’’.
any information known to the Secretary,’’ REGULATIONS.— (f) DISCLOSURE OF INFORMATION RELATING
before ‘‘the ages of’’, and (1) IN GENERAL.—Section 24(j)(2)(B) is TO JOINT FILERS AND ADVANCE PAYMENT OF
(B) in paragraph (3)(A)(ii), by striking ‘‘ amended— CHILD TAX CREDIT.—Section 6103(e) is amend-
provided by the taxpayer’’ and inserting (A) by striking ‘‘qualified’’ each place it ed by adding at the end the following new
‘‘provided, or known,’’. appears in clause (iv)(II) and inserting paragraph:
(3) MONTHLY PAYMENTS.— ‘‘qualifying’’, and ‘‘(12) DISCLOSURE OF INFORMATION RELATING
(A) IN GENERAL.—Section 7527A(a) is (B) by adding at the end the following new TO JOINT FILERS AND ADVANCE PAYMENT OF
amended to read as follows: clause: CHILD TAX CREDIT.—In the case of an indi-
‘‘(v) EXCEPTION FOR FRAUD AND INTENTIONAL vidual to whom the Secretary makes pay-
‘‘(a) IN GENERAL.—The Secretary shall es-
DISREGARD OF RULES AND REGULATIONS.—
tablish a program for making monthly pay- ments under section 7527A, if the reference
‘‘(I) IN GENERAL.—For purposes of deter-
ments to taxpayers in amounts equal to 1/12 taxable year (as defined in section
mining the safe harbor amount under clause
of the annual advance amount with respect 7527A(b)(2)) that the Secretary uses to cal-
(iv) with respect to any taxpayer, an indi-
to such taxpayer.’’. culate such payments is a year for which the
vidual shall not be treated as taken into ac-
(B) MODIFICATIONS DURING CALENDAR individual filed an income tax return jointly
count in determining the annual advance
YEAR.—Section 7527A(b)(3), as amended by with another individual, the Secretary may
amount of such taxpayer if the Secretary de-
the preceding provisions of this Act, is disclose to such individual any return infor-
termines that such individual was so taken
amended— mation of such other individual which is rel-
into account due to fraud by the taxpayer or
(i) by amending subparagraph (A)(ii) to evant in determining the payment under sec-
intentional disregard of rules and regula-
read as follows: tion 7527A and the individual’s eligibility for
tions by the taxpayer.
‘‘(ii) any other information provided, or ‘‘(II) ARRANGEMENTS TO TAKE INDIVIDUAL such payment, including information regard-
known, to the Secretary which allows the INTO ACCOUNT MORE THAN ONCE.—For purposes
ing any of the following:
Secretary to more accurately estimate the of subclause (I), a taxpayer shall not fail to ‘‘(A) The number of specified children, in-
amount treated as allowed under subpart C be treated as intentionally disregarding cluding by reason of the birth of a child.
of part IV of subchapter A of chapter 1 by rules and regulations with respect to any in- ‘‘(B) The name and TIN of specified chil-
reason of section 24(i)(1) with respect to the dividual taken into account in determining dren.
taxpayer for the reference taxable year.’’, the annual advance amount of such taxpayer ‘‘(C) Marital status.
and if such taxpayer entered into a plan or other ‘‘(D) Modified adjusted gross income.
(ii) in subparagraph (B), by striking ‘‘peri- arrangement with, or expected, another tax- ‘‘(E) Principal place of abode.
odic payment’’ both places it appears and in- payer to take such individual into account in ‘‘(F) Any other factor which the Secretary
serting ‘‘monthly payment’’. determining the credit allowed under this may provide pursuant to section 7527A(c).’’.
(C) CONFORMING AMENDMENT.—Section section for the taxable year.’’. (g) REPEAL OF SOCIAL SECURITY NUMBER
7527A(c)(2) is amended by striking ‘‘sub- (2) ADDITIONAL MODIFICATION.—Section
REQUIREMENT.—
section (b)(3)(B)’’ and inserting ‘‘subsection 24(j)(2)(B)(iv), as amended by the preceding (1) IN GENERAL.—Section 24(h) is amended
(b)(3)’’. provisions of this Act, is amended to read as by striking paragraph (7).
(4) ELIGIBILITY FOR ADVANCE PAYMENTS LIM- follows: (2) CONFORMING AMENDMENTS.—
ITED BASED ON MODIFIED ADJUSTED GROSS IN- ‘‘(iv) SAFE HARBOR AMOUNT.—For purposes (A) Section 24(h)(1) is amended by striking
COME.—Section 7527A(b) is amended by add- of this subparagraph, the term ‘safe harbor ‘‘paragraphs (2) through (7)’’ and inserting
ing at the end the following new paragraph: amount’ means, with respect to any tax- ‘‘paragraphs (2) through (6)’’.
‘‘(6) LIMITATION BASED ON MODIFIED AD- payer for any taxable year, the sum of— (B) Section 24(h)(4) is amended by striking
JUSTED GROSS INCOME.— ‘‘(I) an amount equal to the product of subparagraph (C).
‘‘(A) IN GENERAL.—If the modified adjusted $3,600 multiplied by the excess (if any) of the (h) EFFECTIVE DATE.—
gross income of the taxpayer for the ref- number of qualifying children who have not (1) IN GENERAL.—Except as provided in
erence taxable year exceeds the applicable attained age 6 as of the close of the calendar paragraphs (2) and (3), the amendments made
threshold amount with respect to such tax- year in which the taxable year of the tax- by this section shall apply to taxable years
payer (as defined in section 24(i)(4)(B)), the payer begins, and who are taken into ac- beginning after December 31, 2021.
annual advance amount with respect to such count in determining the annual advance (2) PAYMENTS.—
taxpayer shall be zero. amount with respect to the taxpayer under (A) The amendments made by paragraphs
‘‘(B) EXCEPTION FOR MODIFICATIONS MADE section 7527A with respect to months begin- (1), (2), (4), and (5) of subsection (b) shall
DURING THE CALENDAR YEAR.—Subparagraph ning in such taxable year, over the number apply to payments after September 30, 2022.
(A) shall not apply to a reference taxable of such qualifying children taken into ac- (B) The amendments made by paragraph (3)
year taken into account by reason of para- count in determining the credit allowed of subsection (b) shall apply to payments
graph (3)(A)(i) or subsection (c) if the tax- under this section for such taxable year, plus after December 31, 2022.
payer received one or more payments under ‘‘(II) an amount equal to the product of (3) DISCLOSURE OF INFORMATION RELATING
subsection (a) for months in the calendar $3,000 multiplied by the excess (if any) of the TO JOINT FILERS AND ADVANCE PAYMENT OF
year which precede the month for which such number of qualifying children not described CHILD TAX CREDIT.—The amendment made by
reference taxable year will be taken into ac- in clause (I), and who are taken into account subsection (f) shall take effect on the date of
count.’’. in determining the annual advance amount the enactment of this Act.
(5) ADVANCE PAYMENTS TO PUERTO RICO with respect to the taxpayer under section SEC. 14102. REFUNDABLE CHILD TAX CREDIT
RESIDENTS.—Section 7527A(e)(4) is amended— 7527A with respect to months beginning in AFTER 2022.
(A) in subparagraph (A), by striking ‘‘The such taxable year, over the number of such (a) IN GENERAL.—Section 24 is amended by
advance’’ and inserting ‘‘Except as provided qualifying children taken into account in de- adding at the end the following new sub-
in subparagraph (D), the advance’’, and termining the credit allowed under this sec- section:
(B) by adding at the end the following new tion for such taxable year.’’. ‘‘(l) REFUNDABLE CREDIT AFTER 2022.—In
subparagraph: (e) RULES RELATING TO RECONCILIATION OF the case of any taxable year beginning after
‘‘(D) ADVANCE PAYMENTS TO PUERTO RICO CREDIT AND ADVANCE CREDIT.—Section 24(j) December 31, 2022, if the taxpayer (in the
RESIDENTS FOR CERTAIN YEARS.—For the pe- is amended by adding at the end the fol- case of a joint return, either spouse) has a
dlhill on DSK120RN23PROD with SENATE
riod beginning on October 1, 2022, and ending lowing new paragraphs: principal place of abode in the United States
on December 31, 2022, the Secretary may ‘‘(3) JOINT RETURNS.—Except as otherwise (determined as provided in section 32) for
apply this section without regard to subpara- provided by the Secretary, in the case of an more than one-half of the taxable year or is
graph (A)(i).’’. advance payment made under section 7527A a bona fide resident of Puerto Rico (within
(c) ELECTION TO APPLY INCOME PHASEOUT with respect to a joint return, half of such the meaning of section 937(a)) for such tax-
ON BASIS OF INCOME FROM THE PRECEDING payment shall be treated as having been able year—
TAXABLE YEAR.—Section 24(i) is amended by made to each individual filing such return. ‘‘(1) subsection (d) shall not apply, and
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4233
‘‘(2) so much of the credit determined taxable year, the amount of tax determined year that includes the date of enactment of
under subsection (a) (after application of under the preceding sentence for such tax- this Act—
paragraph (1)) as does not exceed the amount able year shall be increased by the lesser of (A) the taxpayer was required by a regu-
of such credit which would be so determined (i) 3 percent of such excess, or (ii) $362,000. latory agency to compute depreciation for
without regard to subsection (h)(4) shall be ‘‘(2) CERTAIN PERSONAL SERVICE CORPORA- public utility property on the basis of an av-
allowed under subpart C (and not allowed TION NOT ELIGIBLE FOR GRADUATED RATES.— erage life or composite rate method, and
under this subpart)’’. Notwithstanding paragraph (1), the amount (B) the taxpayer’s books and underlying
(b) CONFORMING AMENDMENTS RELATED TO of the tax imposed by subsection (a) on the records did not contain the vintage account
POSSESSIONS OF THE UNITED STATES.— taxable income of a qualified personal serv- data necessary to apply the average rate as-
(1) PUERTO RICO.—Section 24(k)(2)(B), as ice corporation (as defined in section sumption method,
amended by the preceding provisions of this 448(d)(2)) shall be equal to 28 percent of the the taxpayer will be treated as using a nor-
Act, is amended to read as follows: taxable income.’’. malization method of accounting if, with re-
‘‘(B) APPLICATION TO TAXABLE YEARS AFTER (b) PROPORTIONAL ADJUSTMENT OF DEDUC- spect to such jurisdiction, the taxpayer uses
2022.—For application of refundable credit to TION FOR DIVIDENDS RECEIVED.— the alternative method for public utility
residents of Puerto Rico for taxable years (1) IN GENERAL.—Section 243(a)(1) is amend- property that is subject to the regulatory
after 2022, see subsection (l).’’. ed by striking ‘‘50 percent’’ and inserting ‘‘60 authority of that jurisdiction.
(2) AMERICAN SAMOA.—Section percent’’. (3) DEFINITIONS.—For purposes of this sub-
24(k)(3)(C)(ii)(II), as amended by the pre- (2) DIVIDENDS FROM 20-PERCENT OWNED COR- section—
ceding provisions of this Act, is amended to PORATIONS.—Section 243(c)(1) is amended— (A) TAX RESERVE DEFICIT.—The term ‘‘tax
read as follows: (A) prior to amendment by subparagraph reserve deficit’’ means the excess of—
‘‘(II) if such taxable year begins after De- (B), by striking ‘‘65 percent’’ and inserting (i) the amount which would be the balance
cember 31, 2022, subsection (l) shall be ap- ‘‘72.5 percent’’, and in the reserve for deferred taxes (as described
plied by substituting ‘Puerto Rico or Amer- (B) by striking ‘‘50 percent’’ and inserting in section 168(i)(9)(A)(ii) of the Internal Rev-
ican Samoa’ for ‘Puerto Rico’.’’. ‘‘60 percent’’. enue Code of 1986, or section 167(l)(3)(G)(ii) of
(c) EFFECTIVE DATE.—The amendments (c) CONFORMING AMENDMENT.—Section 1561 such Code as in effect on the day before the
made by this section shall apply to taxable is amended— date of the enactment of the Tax Reform Act
years beginning after December 31, 2022. (1) by amending subsection (a) to read as of 1986) if the amount of such reserve were
SEC. 14103. APPROPRIATIONS. follows: determined by assuming that the corporate
Immediately upon the enactment of this ‘‘(a) IN GENERAL.—The component mem- rate increases provided in the amendments
Act, in addition to amounts otherwise avail- bers of a controlled group of corporations on made by this section were in effect for all
able, there are appropriated out of any a December 31 shall, for their taxable years prior periods, over
money in the Treasury not otherwise appro- which include such December 31, be limited (ii) the balance in such reserve as of the
priated: for purposes of this subtitle to— day before such corporate rate increases
(1) $3,963,300,000 to remain available until ‘‘(1) amounts in each taxable income take effect.
September 30, 2026, for necessary expenses bracket in the subparagraphs of section (B) AVERAGE RATE ASSUMPTION METHOD.—
for the Internal Revenue Service to admin- 11(b)(1) which do not aggregate more than The average rate assumption method is the
ister the Child Tax Credit, and advance pay- the maximum amount in each such bracket method under which the excess in the re-
ments of the Child Tax Credit, including the to which a corporation which is not a compo- serve for deferred taxes is reduced over the
costs of disbursing such payments, which nent member of a controlled group is enti-
shall supplement and not supplant any other remaining lives of the property as used in its
tled, and regulated books of account which gave rise
appropriations that may be available for this ‘‘(2) one $250,000 ($150,000 if any component
purpose, and to the reserve for deferred taxes. Under such
member is a corporation described in section method, if timing differences for the prop-
(2) $1,000,000,000 is appropriated to the De- 535(c)(2)(B)) amount for purposes of com-
partment of the Treasury, to remain avail- erty reverse, the amount of the adjustment
puting the accumulated earnings credit to the reserve for the deferred taxes is cal-
able until September 30, 2026, to support ef- under section 535(c)(2) and (3).
forts to increase enrollment of eligible fami- culated by multiplying—
The amounts specified in paragraph (1) shall (i) the ratio of the aggregate deferred taxes
lies in the Child Tax Credit, for advance pay- be divided equally among the component
ments of the Child Tax Credit, and for other for the property to the aggregate timing dif-
members of such group on such December 31 ferences for the property as of the beginning
tax benefits, including but not limited to unless all of such component members con-
program outreach, costs of data sharing ar- of the period in question, by
sent (at such time and in such manner as the (ii) the amount of the timing differences
rangements, systems changes, forms Secretary shall by regulations prescribe) to
changes, and related efforts, and efforts to which reverse during such period.
an apportionment plan providing for an un-
support the cross-enrollment of beneficiaries (C) ALTERNATIVE METHOD.—The ‘‘alter-
equal allocation of such amounts. The
of other programs in the Child Tax Credit, native method’’ is the method in which the
amounts specified in paragraph (2) shall be
and for advance payments of the Child Tax taxpayer—
divided equally among the component mem-
Credit, including by establishing intergov- (i) computes the tax reserve deficit on all
bers of such group on such December 31 un-
ernmental cooperative agreements with public utility property included in the plant
less the Secretary prescribes regulations per-
states and local governments, the District of account on the basis of the weighted average
mitting an unequal allocation of such
Columbia, tribal governments, and posses- life or composite rate used to compute depre-
amounts. Notwithstanding paragraph (1), in
sions of the United States: Provided, that ciation for regulatory purposes, and
applying the last sentence of section 11(b)(1)
such amount shall be available in addition to (ii) reduces the tax reserve deficit ratably
to such component members, the taxable in-
any amounts otherwise available: Provided over the remaining regulatory life of the
come of all such component members shall
further, that these funds may be awarded by property.
be taken into account and any increase in
federal agencies to state and local govern- (4) TREATMENT OF NORMALIZATION VIOLA-
tax under such last sentence shall be divided
ments, the District of Columbia, tribal gov- TION.—If, for any taxable year ending after
among such component members in the same
ernments, and possessions of the United the date of the enactment of this Act, the
manner as amounts under paragraph (1).’’,
States, and private entities, including orga- taxpayer does not use a normalization meth-
and
nizations dedicated to free tax return prepa- od of accounting, such taxpayer shall not be
(2) by striking ‘‘ACCUMULATED EARNINGS
ration and low income taxpayer clinics fund- treated as using a normalization method of
CREDIT’’ in the heading and inserting ‘‘CER-
ed under section 7526 of the Internal Revenue accounting for purposes of subsections (f)(2)
TAIN MULTIPLE TAX BENEFITS’’.
Code of 1986. and (i)(9)(C) of section 168 of the Internal
(d) EFFECTIVE DATE.—The amendments
PART 2—CORPORATE TAX RATE Revenue Code of 1986.
made by this section shall apply to taxable
(5) REGULATIONS.—The Secretary of the
SEC. 14201. INCREASE IN CORPORATE TAX RATE. years beginning after December 31, 2022.
(e) NORMALIZATION REQUIREMENTS.— Treasury, or the Secretary’s designee, shall
(a) IN GENERAL.—Section 11(b) is amended
(1) IN GENERAL.—A normalization method issue such regulations or other guidance as
to read as follows:
‘‘(b) AMOUNT OF TAX.— of accounting shall not be treated as being may be necessary or appropriate to carry out
‘‘(1) IN GENERAL.—The amount of the tax used with respect to any public utility prop- this subsection, including regulations or
imposed by subsection (a) shall be the sum erty for purposes of section 167 or 168 of the other guidance to provide appropriate co-
of— Internal Revenue Code of 1986 if the tax- ordination between this subsection, section
‘‘(A) 18 percent of so much of the taxable payer, in computing its cost of service for 13001(d) of Public Law 115-97, and section
income as does not exceed $400,000, ratemaking purposes and reflecting oper- 203(e) of the Tax Reform Act of 1986.
---
dlhill on DSK120RN23PROD with SENATE
‘‘(B) 21 percent of so much of the taxable ating results in its regulated books of ac-
SA 5209. Mr. SANDERS (for himself
income as exceeds $400,000 but does not ex- count, reduces the tax reserve deficit less
ceed $5,000,000, and rapidly or to a lesser extent than such re- and Mr. MERKLEY) submitted an
‘‘(C) 28 percent of so much of the taxable serve would be reduced under the average amendment intended to be proposed to
income as exceeds $5,000,000. rate assumption method. amendment SA 5194 submitted by Mr.
In the case of a corporation which has tax- (2) ALTERNATIVE METHOD FOR CERTAIN TAX- SCHUMER and intended to be proposed
able income in excess of $10,000,000 for any PAYERS.—If, as of the first day of the taxable to the bill H.R. 5376, to
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S4234 CONGRESSIONAL RECORD — SENATE August 6, 2022
provide for reconciliation pursuant to (d) AMERICORPS VISTA.— high-quality jobs, including registered ap-
title II of S. Con. Res. 14; which was or- (1) IN GENERAL.—In addition to amounts prenticeships.
dered to lie on the table; as follows: otherwise available, there is appropriated for (4) REQUIREMENTS.—For the purposes of
fiscal year 2022, out of any money in the carrying out paragraph (1)—
At the end, add the following: Treasury not otherwise appropriated, to the (A) in implementing national service pro-
SEC. 90002. CORPORATION FOR NATIONAL AND Corporation for National and Community grams described in paragraph (3)(B)(i) and
COMMUNITY SERVICE AND THE NA-
TIONAL SERVICE TRUST.
Service, $600,000,000 to remain available until funded by the appropriations specified in
September 30, 2029, which shall be used to in- paragraph (1)—
(a) AMERICORPS STATE AND NATIONAL.—
crease the subsistence allowances and im- (i) the Corporation shall waive the require-
(1) IN GENERAL.—In addition to amounts
prove benefits of participants in the Volun- ments described in section 121(e)(1) of the
otherwise available, there is appropriated for
teers in Service to America program author- National and Community Service Act of 1990,
fiscal year 2022, out of any money in the
ized under section 102 of the Domestic Volun- in whole or in part, if a recipient of a grant
Treasury not otherwise appropriated, to the
teer Service Act of 1973. or other agreement for the national service
Corporation for National and Community
(2) REQUIREMENT.—For purposes of car- program involved demonstrates—
Service, $3,200,000,000, to remain available rying out paragraph (1)—
until September 30, 2026, which shall be used (I) the recipient will serve underserved or
(A) section 105(b)(2)(A) of the Domestic low-income communities, and a significant
to make funding adjustments to existing (as Volunteer Service Act of 1973 shall be applied
of the date of enactment of this Act) awards percentage of participants in such program
by substituting ‘‘200 percent’’ for ‘‘95 per- are low-income individuals; and
and make new awards to entities (whether or cent’’; and
not such entities are already recipients of a (II) without such waiver, the recipient can-
(B) section 105(b)(2)(B) of the Domestic not meet the requirements of this section;
grant or other agreement on the date of en- Volunteer Service Act of 1973 shall be applied
actment of this Act) to support national (ii) section 189(a) of the National and Com-
by substituting ‘‘210 percent’’ for ‘‘105 per- munity Service Act of 1990 shall be applied
service programs with activities described in cent’’.
paragraphs (1)(B), (2)(B), (3)(B), (4)(B), and by substituting ‘‘125 percent of the amount
(e) NATIONAL SERVICE IN SUPPORT OF CLI- of the minimum living allowance of a full-
(5)(B) of subsection (a), and subsection (b)(2), MATE RESILIENCE AND MITIGATION.—
of section 122 of the National and Commu- time participant per full-time equivalent po-
(1) IN GENERAL.—In addition to amounts sition’’ for ‘‘$18,000 per full-time equivalent
nity Service Act of 1990 to increase living al- otherwise available, there is appropriated for
lowances and improve benefits of partici- position’’;
fiscal year 2022, out of any money in the
pants in such programs. (iii) section 140(a)(1) of the National and
Treasury not otherwise appropriated, to the
(2) REQUIREMENTS.—For the purposes of Community Service Act of 1990 shall be ap-
Corporation for National and Community
carrying out paragraph (1)— plied by substituting ‘‘200 percent of the pov-
Service, $6,915,000,000, which shall be used for
(A) the Corporation shall waive the re- erty line’’ for ‘‘the average annual subsist-
the purposes specified in paragraph (3).
quirements described in section 121(e)(1) of ence allowance provided to VISTA volun-
(2) AVAILABILITY OF FUNDS.—Amounts ap-
the National and Community Service Act of teers under section 105 of the Domestic Vol-
propriated under paragraph (1) shall—
1990, in whole or in part, if a recipient of a unteer Service Act of 1973 (42 U.S.C. 4955)’’;
(A) be available until September 30, 2026,
grant or other agreement for such a national and
for national service programs with activities
service program demonstrates— (iv) the Corporation shall waive the match-
described in paragraphs (1)(B), (2)(B), (3)(B),
(i) the recipient will serve underserved or (4)(B), and (5)(B) of subsection (a), and sub- ing requirement described in section 126(a)(2)
low-income communities, and a significant section (b)(2), of section 122 of the National of the National and Community Service Act
percentage of participants in such program and Community Service Act of 1990; and of 1990, in whole or in part, for a State Com-
are low-income individuals; and (B) be available until September 30, 2029, mission, if such State Commission dem-
(ii) without such waiver, the recipient can- for National Civilian Community Corps pro- onstrates need for such waiver; and
not meet the requirements of this section; grams authorized under section 152 of the (B) in implementing national service pro-
(B) section 189(a) of such Act shall be ap- National and Community Service Act of 1990 grams described in paragraph (3)(B)(iii) and
plied by substituting ‘‘125 percent of the and Volunteers in Service to America pro- funded by the appropriations specified in
amount of the minimum living allowance of grams authorized under section 102 of the paragraph (1)—
a full-time participant per full-time equiva- Domestic Volunteer Service Act of 1973. (i) section 105(b)(2)(A) of the Domestic Vol-
lent position’’ for ‘‘$18,000 per full-time (3) USE OF FUNDS.— unteer Service Act of 1973 shall be applied by
equivalent position’’; and (A) IN GENERAL.—The Corporation shall use substituting ‘‘200 percent’’ for ‘‘95 percent’’;
(C) section 140(a)(1) of such Act shall be ap- amounts appropriated under paragraph (1) to and
plied by substituting ‘‘200 percent of the pov- fund programs described in subparagraph (B) (ii) section 105(b)(2)(B) of the Domestic
erty line’’ for ‘‘the average annual subsist- to carry out projects or activities described Volunteer Service Act of 1973 shall be applied
ence allowance provided to VISTA volun- in section 122(a)(3)(B) of the National and by substituting ‘‘210 percent’’ for ‘‘105 per-
teers under section 105 of the Domestic Vol- Community Service Act of 1990. cent’’.
unteer Service Act of 1973 (42 U.S.C. 4955)’’. (B) PROGRAMS.—The programs described in (f) ADMINISTRATIVE COSTS.—
(b) STATE COMMISSIONS.— subparagraph (A) shall include— (1) IN GENERAL.—In addition to amounts
(1) IN GENERAL.—In addition to amounts (i) national service programs with activi- otherwise available, there is appropriated for
otherwise available, there is appropriated for ties described in paragraphs (1)(B), (2)(B), fiscal year 2022, out of any money in the
fiscal year 2022, out of any money in the (3)(B), (4)(B), and (5)(B) of subsection (a), and Treasury not otherwise appropriated, to the
Treasury not otherwise appropriated, to the subsection (b)(2), of section 122 of the Na- Corporation for National and Community
Corporation for National and Community tional and Community Service Act of 1990; Service, $1,010,400,000, to remain available
Service, $400,000,000, to remain available (ii) National Civilian Community Corps until September 30, 2029, which shall be used
until September 30, 2026, which shall be used programs authorized under section 152 of the for Federal administrative expenses to carry
to make funding adjustments to existing (as National and Community Service Act of 1990; out programs and activities funded under
of the date of enactment of this Act) awards and this section, including—
and make new awards to States to establish (iii) Volunteers in Service to America pro- (A) corrective actions to address rec-
or operate State Commissions on National grams authorized under section 102 of the ommendations arising from audits of the fi-
and Community Service. Domestic Volunteer Service Act of 1973. nancial statements of the Corporation and
(2) MATCH WAIVER.—For the purposes of (C) TERMS.—In funding programs described the National Service Trust, and, in consulta-
carrying out paragraph (1), the Corporation in subparagraph (A), the Corporation shall tion with the Inspector General of the Cor-
shall waive the matching requirement de- ensure— poration, the development of fraud preven-
scribed in section 126(a)(2) of the National (i) awards are made to entities that serve, tion and detection controls and risk-based
and Community Service Act of 1990, in whole and have representation from, low-income anti-fraud monitoring for grants and other
or in part, for a State Commission, if such communities or communities experiencing financial assistance funded under this sec-
State Commission demonstrates need for (or at risk of experiencing) adverse health tion; and
such waiver. and environmental conditions; (B) coordination of efforts and activities
(c) NATIONAL CIVILIAN COMMUNITY CORPS.— (ii) such programs utilize culturally com- with the Departments of Labor and Edu-
In addition to amounts otherwise available, petent and multilingual strategies; cation to support the national service pro-
there is appropriated for fiscal year 2022, out (iii) projects carried out through such pro- grams funded under subsections (a), (c), (d),
of any money in the Treasury not otherwise grams are planned with community input, and (e) in improving the readiness of partici-
appropriated, to the Corporation for Na- and implemented by diverse participants pants to transition to high-quality jobs or
dlhill on DSK120RN23PROD with SENATE
tional and Community Service, $80,000,000, to who are from communities being served by further education.
remain available until September 30, 2029, such programs; and (2) FISCAL YEAR 2030 PROGRAM ADMINISTRA-
which shall be used to increase the living al- (iv) such programs provide participants TION.—In addition to amounts otherwise
lowance and benefits of participants in the with workforce development opportunities, available, there is appropriated for fiscal
National Civilian Community Corps author- such as pre-apprenticeships that articulate year 2030, out of any money in the Treasury
ized under section 152 of the National and to registered apprenticeship programs, and not otherwise appropriated, to the Corpora-
Community Service Act of 1990. pathways to post-service employment in tion for National and Community Service,
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4235
$79,800,000, to remain available until Sep- paragraph (A) in accordance with the para- individual’s transferee, until the end of the
tember 30, 2030, which shall be used, in fiscal graph (3). 3-year period beginning on that date.
year 2030, for Federal administrative ex- (C) CALCULATION.—The amount of the sup- (vi) For an individual who completes such
penses to carry out programs and activities plemental educational award that shall be term of service by September 30, 2028 or the
funded under this section. available to an individual or their transferee individual’s transferee, until the end of the
(3) PLAN.—In addition to amounts other- described in subparagraph (A) shall be cal- 2-year period beginning on that date.
wise available, there is appropriated for fis- culated as follows: (vii) For an individual who completes such
cal year 2022, out of any money in the Treas- (i) AMOUNT FOR FULL-TIME NATIONAL SERV- term of service by September 30, 2029 or the
ury not otherwise appropriated, to the Cor- ICE.—For an individual who completes a re- individual’s transferee, until the end of the
poration, $300,000, to remain available until quired term of full-time national service, or 1-year period beginning on that date.
September 30, 2023, which shall be used by the individual’s transferee— (i) LIMITATION.—The funds made available
the Chief Executive Officer of the Corpora- (I) in a case in which the award year for under this section are subject to the condi-
tion to— which the national service position is ap- tion that the Corporation shall not—
(A) develop, publish, and implement, not proved by the Corporation is award year (1) use such funds to make any transfer to
later than 180 days after the date of enact- 2022-2023, 50 percent of the maximum amount the National Service Trust for any use, or
ment of this Act, a project, operations, and of a Federal Pell Grant under section 401 of enter into any agreement involving such
management plan for funds appropriated the Higher Education Act of 1965 that a stu- funds—
under this section; and dent eligible for such Grant may receive in (A) that is for a term extending beyond
(B) consult with the Secretary of Labor the aggregate for such award year; and September 30, 2031; or
and the Inspector General of the Corporation (II) in a case in which the award year for (B) for which or under which any payment
in developing the plan under subparagraph which the national service position is ap- could be outlaid after September 30, 2031; and
(A). proved by the Corporation is award year (2) use any other funds available to the
(4) OUTREACH.—In addition to amounts oth- 2023-2024 or a subsequent award year, 50 per- Corporation to liquidate obligations made
erwise made available, there is appropriated cent of the total maximum Federal Pell under this section.
for fiscal year 2022, out of any money in the (j) DEFINITION.—For purposes of this sec-
Grant under section 401 of the Higher Edu-
Treasury not otherwise appropriated, to the tion, the term ‘‘registered apprenticeship
cation Act of 1965 that a student eligible for
Corporation for National and Community program’’ means an apprenticeship program
such Grant may receive in the aggregate for
Service, $49,500,000, to remain available until registered with the Office of Apprenticeship
such award year.
September 30, 2030, for outreach to and re- of the Employment and Training Adminis-
(ii) AMOUNT FOR PART-TIME NATIONAL SERV-
cruitment of members from communities tration of the Department of Labor, or a
ICE.—For an individual who completes a re-
traditionally underrepresented in national State apprenticeship agency recognized by
quired term of part-time national service, or
service programs and members of a commu- the Office of Apprenticeship, pursuant to the
the individual’s transferee, 50 percent of the Act of August 16, 1937 (commonly known as
nity experiencing a significant dislocation of amount determined under clause (i).
workers, including energy transition com- the ‘‘National Apprenticeship Act’’; 50 Stat.
(iii) AMOUNT FOR PARTIAL COMPLETION OF 664, chapter 663).
munities. NATIONAL SERVICE.—For an individual re-
SEC. 90003. WORKFORCE DEVELOPMENT IN SUP-
(g) OFFICE OF INSPECTOR GENERAL.—In ad- leased from completing the full-time or part- PORT OF CLIMATE RESILIENCE AND
dition to amounts otherwise available, there time term of service agreed to by the indi- MITIGATION.
is appropriated for fiscal year 2022, out of viduals, or the individual’s transferee, the (a) YOUTHBUILD.—In addition to amounts
any money in the Treasury not otherwise ap- portion of the amount determined under otherwise available, there is appropriated to
propriated, to the Corporation for National clause (i) that corresponds to the portion of the Department of Labor for fiscal year 2022,
and Community Service, $75,000,000, to re- the term of service completed by the indi- out of any amounts in the Treasury not oth-
main available until September 30, 2030, vidual. erwise appropriated, $450,000,000, to remain
which shall be used for the Office of Inspec- (3) PERIOD OF AVAILABILITY FOR NATIONAL available until September 30, 2026, to support
tor General of the Corporation for salaries SERVICE EDUCATIONAL AWARDS.— activities aligned with high-quality employ-
and expenses necessary for oversight and (A) IN GENERAL.—Notwithstanding section ment opportunities in industry sectors or oc-
audit of programs and activities funded 146(d) of the National and Community Serv- cupations related to climate resilience or
under this section. ice Act of 1990, relating to a period of time mitigation and aligned with the activities
(h) NATIONAL SERVICE TRUST.— for use of a national service educational described in subsection (e)(3) of section 90002
(1) IN GENERAL.—In addition to amounts award, or any extensions to such time period by—
otherwise available, there is appropriated for granted under section 146(d)(2) of such Act, (1) carrying out activities described in sec-
fiscal year 2022, out of any money in the an individual eligible to receive a national tion 171(c)(2) of the Workforce Innovation
Treasury not otherwise appropriated, to the service educational award for a term of serv- and Opportunity Act; and
National Service Trust, $1,150,000,000, to re- ice supported by funds made available under (2) improving and expanding access to serv-
main available until September 30, 2030, for— subsection (e), or the individual’s transferee, ices, stipends, wages, and benefits described
(A) administration of the National Service and an individual eligible to receive a sup- in subparagraphs (A)(vii) and (F) of section
Trust; and plemental educational award described in 171(c)(2) of such Act.
(B) payment to the Trust for the provision paragraph (2) for a term of service, or the in- (b) JOB CORPS.—
of national service educational awards and dividual’s transferee, shall not use, after (1) IN GENERAL.—In addition to amounts
interest expenses— September 30, 2030, the national service edu- otherwise available, there is appropriated to
(i) for participants, for a term of service cational award or supplemental educational the Department of Labor for fiscal year 2022,
supported by funds made available under award for the term of service involved, and out of any amounts in the Treasury not oth-
subsection (e); and the national service educational award and erwise appropriated, $450,000,000, to remain
(ii) pursuant to section 145(a)(1)(A) of the supplemental educational award shall be available until September 30, 2026, to support
National and Community Service Act of 1990. available for the lengths of time described in activities aligned with high-quality employ-
(2) SUPPLEMENTAL EDUCATIONAL AWARDS.— subparagraph (B). ment opportunities in industry sectors or oc-
(A) APPROPRIATION.—In addition to (B) LENGTHS OF TIME.—The lengths of time cupations related to climate resilience or
amounts otherwise available, there is appro- described in this subparagraph are as fol- mitigation and aligned with the activities
priated for fiscal year 2022, out of any money lows: described in subsection (e)(3) of section 90002
in the Treasury not otherwise appropriated, (i) For an individual who completes the by—
to the National Service Trust, $1,660,000,000, term of service involved by September 30, (A) providing funds to operators and serv-
to remain available until September 30, 2030, 2023 or the individual’s transferee, until the ice providers to—
for payment to the National Service Trust end of the 7-year period beginning on that (i) carry out the activities and services de-
for the purpose of providing a supplemental date. scribed in sections 148 and 149 of the Work-
national service educational award to an in- (ii) For an individual who completes such force Innovation and Opportunity Act; and
dividual eligible to receive a national service term of service by September 30, 2024 or the (ii) improve and expand access to allow-
educational award pursuant to section 146(a), individual’s transferee, until the end of the ances and services described in section 150 of
and the individual’s transferee pursuant to 6-year period beginning on that date. such Act; and
section 148(f), of the National and Commu- (iii) For an individual who completes such (B) notwithstanding section 158(c) of such
nity Service Act of 1990, for a term of service term of service by September 30, 2025 or the Act, constructing, rehabilitating, and ac-
that began after the date of enactment of individual’s transferee, until the end of the quiring Job Corps centers to support activi-
dlhill on DSK120RN23PROD with SENATE
this Act in a national service program (in- 5-year period beginning on that date. ties described in subparagraph (A).
cluding a term of service supported by funds (iv) For an individual who completes such (2) ELIGIBILITY.—For the purposes of car-
made available under subsection (e)). term of service by September 30, 2026 or the rying out paragraph (1), an entity in a State
(B) AWARD AVAILABILITY.—The supple- individual’s transferee, until the end of the or outlying area may be eligible to be se-
mental educational award referred to in sub- 4-year period beginning on that date. lected as an operator or service provider.
paragraph (A) shall be available to an indi- (v) For an individual who completes such (c) PRE-APPRENTICESHIP, AND REGISTERED
vidual or their transferee described in sub- term of service by September 30, 2027 or the APPRENTICESHIP PROGRAMS.—
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S4236 CONGRESSIONAL RECORD — SENATE August 6, 2022
(1) PRE-APPRENTICESHIP PROGRAMS.—In ad- standing section 194(10) of such Act, that tively, of section 3 of the Workforce Innova-
dition to amounts otherwise available, there are— tion and Opportunity Act.
is appropriated to the Department of Labor (1) carried out by public agencies or pri- TITLE X—ADDITIONAL MATTERS RELAT-
for fiscal year 2022, out of any amounts in vate nonprofit entities, including commu- ING TO THE COMMITTEE ON AGRI-
the Treasury not otherwise appropriated, nity-based organizations; CULTURE, NUTRITION, AND FORESTRY
$1,000,000,000, to remain available until Sep- (2) provided in conjunction with supportive
SEC. 100001. DEFINITION OF SECRETARY.
tember 30, 2026, to carry out activities services and other elements described in sec-
In this title, the term ‘‘Secretary’’ means
through grants, cooperative agreements, tion 129(c)(2) of such Act;
the Secretary of Agriculture.
contracts, or other arrangements, to create (3) aligned with the activities described in
subsection (e)(3) of section 90002; and SEC. 100002. NATIONAL FOREST SYSTEM RES-
or expand pre-apprenticeship programs that TORATION AND FUELS REDUCTION
articulate to registered apprenticeship pro- (4) designed to prepare participants for— PROJECTS.
grams, are aligned with high-quality em- (A) high-quality, unsubsidized employment
(a) IN GENERAL.—In addition to the
ployment opportunities in industry sectors opportunities in industry sectors or occupa-
amounts appropriated by section 23001(a)(1),
or occupations related to climate resilience tions related to climate resilience or mitiga-
and any other amounts otherwise available,
or mitigation, and are aligned with the ac- tion;
there is appropriated to the Secretary for fis-
tivities described in subsection (e)(3) of sec- (B) enrollment in an institution of higher
cal year 2022, out of any money in the Treas-
tion 90002. education (as defined in section 101 or 102(c)
ury not otherwise appropriated, to remain
(2) PRE-APPRENTICESHIP PARTNERSHIPS.—In of the Higher Education Act of 1965); and
available until September 30, 2031,
addition to amounts otherwise available, (C) registered apprenticeship programs.
(f) DEPARTMENT OF LABOR INSPECTOR GEN- $2,250,000,000 for hazardous fuels reduction
there is appropriated to the Department of projects on National Forest System land
Labor for fiscal year 2022, out of any ERAL.—In addition to amounts otherwise
available, there is appropriated to the Office within the wildland-urban interface. None of
amounts in the Treasury not otherwise ap- the funds provided under this section shall
propriated, $150,000,000, to remain available of Inspector General of the Department of
Labor for fiscal year 2022, out of any money be subject to cost-share or matching require-
until September 30, 2026, to support partner- ments.
ships between entities carrying out pre-ap- in the Treasury not otherwise appropriated,
$10,000,000, to remain available until ex- (b) PRIORITY; RESTRICTIONS; LIMITATIONS.—
prenticeship programs that articulate to reg- Subsections (b), (c), and (d) of section 23001
pended, for salaries and expenses necessary
istered apprenticeship programs and entities shall apply the amounts appropriated by,
for oversight, investigations, and audits of
funded under subsection (e) of section 90002 and projects carried out under, subsection
programs, grants, and projects of the Depart-
to ensure past and current participants in (a).
ment of Labor funded under this section.
programs funded under subsection (e)(1) of (g) ADMINISTRATION.— (c) DEFINITIONS.—In this section:
section 90002 have access to such pre-appren- (1) IN GENERAL.—In addition to amounts (1) HAZARDOUS FUELS REDUCTION PROJECT.—
ticeship programs. otherwise available, there is appropriated to The term ‘‘hazardous fuels reduction
(3) REGISTERED APPRENTICESHIP PRO- project’’ means an activity, including the
the Department of Labor for fiscal year 2022,
GRAMS.—In addition to amounts otherwise use of prescribed fire, to protect structures
out of any money in the Treasury not other-
available, there is appropriated to the De- wise appropriated, $69,800,000, to remain and communities from wildfire that is car-
partment of Labor for fiscal year 2022, out of available until September 30, 2029, for pro- ried out on National Forest System land.
any amounts in the Treasury not otherwise gram administration within the Department (2) WILDLAND-URBAN INTERFACE.—The term
appropriated, $450,000,000, to remain avail- of Labor for salaries and expenses necessary ‘‘wildland-urban interface’’ has the meaning
able until September 30, 2026, to carry out to implement this section. given the term in section 101 of the Healthy
activities through grants, cooperative agree- (2) PLAN.—In addition to amounts other- Forests Restoration Act of 2003 (16 U.S.C.
ments, contracts, or other arrangements, to wise available, there is appropriated for fis- 6511).
create or expand registered apprenticeship cal year 2022, out of any money in the Treas- SEC. 100003. STATE AND PRIVATE FORESTRY
programs in climate-related nontraditional ury not otherwise appropriated, to the De- CONSERVATION PROGRAMS.
apprenticeship occupations. partment of Labor, $200,000, to remain avail- In addition to the amounts appropriated by
(4) PARTICIPANTS WITH BARRIERS TO EM- able until September 30, 2023, which shall be section 23003(a)(2), and any other amounts
PLOYMENT AND NONTRADITIONAL APPRENTICE- otherwise available, there is appropriated to
used by the Secretary to—
SHIP POPULATIONS.—In addition to amounts the Secretary for fiscal year 2022, out of any
(A) develop, publish, and implement, not
otherwise available, there is appropriated to later than 180 days after the date of enact- money in the Treasury not otherwise appro-
the Department of Labor for fiscal year 2022, ment of this Act, a project, operations, and priated, to remain available until September
out of any amounts in the Treasury not oth- management plan for funds appropriated 30, 2031, $1,750,000,000 to provide multiyear,
erwise appropriated, $350,000,000, to remain under this section; and programmatic, competitive grants to a State
available until September 30, 2026, for enti- (B) consult with the Chief Executive Offi- agency, a local governmental entity, an
ties to carry out pre-apprenticeship pro- cer of the Corporation for National and Com- agency or governmental entity of the Dis-
grams described in paragraph (1), and reg- munity Service in developing the plan under trict of Columbia, an agency or govern-
istered apprenticeship program described in subparagraph (A). mental entity of an insular area (as defined
paragraph (3), serving a high number or high (h) DEFINITION.—For purposes of this sec- in section 1404 of the National Agricultural
percentage of individuals with barriers to tion: Research, Extension, and Teaching Policy
employment, including individuals with dis- (1) CLIMATE-RELATED NONTRADITIONAL AP- Act of 1977 (7 U.S.C. 3103)), an Indian Tribe,
abilities, or nontraditional apprenticeship PRENTICESHIP OCCUPATION.—The term ‘‘cli- or a nonprofit organization through the
populations. mate-related nontraditional apprenticeship Urban and Community Forestry Assistance
(d) REENTRY EMPLOYMENT OPPORTUNITIES occupation’’ means an apprenticeable occu- program established under section 9(c) of the
PROGRAM.—In addition to amounts otherwise pation— Cooperative Forestry Assistance Act of 1978
available, there is appropriated to the De- (A) that aligns with the activities de- (16 U.S.C. 2105(c)) for tree planting and re-
partment of Labor for fiscal year 2022, out of scribed in subsection (e)(3) of section 90002; lated activities. Any non-Federal cost-share
any amounts in the Treasury not otherwise (B) in an industry sector that trains less requirement otherwise applicable to projects
appropriated, $1,000,000,000, to remain avail- than 10 percent of all civilian registered ap- carried out under this section may be waived
able until September 30, 2026, for the Reentry prentices as of the date of the enactment of at the discretion of the Secretary.
Employment Opportunities program, which this Act; and SEC. 100004. COMPETITIVE GRANTS FOR NON-
amount shall be used to support activities (C) that is related to climate resilience or FEDERAL FOREST LANDOWNERS.
aligned with high-quality employment op- mitigation. (a) IN GENERAL.—In addition to amounts
portunities in industry sectors or occupa- (2) REGISTERED APPRENTICESHIP PROGRAM.— otherwise available, there is appropriated to
tions related to climate resilience or mitiga- The term ‘‘registered apprenticeship pro- the Secretary for fiscal year 2022, out of any
tion and aligned with the activities de- gram’’ means an apprenticeship program reg- money in the Treasury not otherwise appro-
scribed in subsection (e)(3) of section 90002. istered with the Office of Apprenticeship of priated, to remain available until September
(e) PAID YOUTH EMPLOYMENT OPPORTUNI- the Employment and Training Administra- 30, 2031, $500,000,000 to award grants to Trib-
TIES.—In addition to amounts otherwise tion of the Department of Labor, or a State al, State, or local governments, the govern-
available, there is appropriated for fiscal apprenticeship agency recognized by the Of- ment of the District of Columbia, regional
year 2022, out of any money in the Treasury fice of Apprenticeship, pursuant to the Act organizations, special districts, or nonprofit
not otherwise appropriated, to the Depart- of August 16, 1937 (commonly known as the organizations to support, on non-Federal
ment of Labor, $350,000,000, to remain avail- ‘‘National Apprenticeship Act’’; 50 Stat. 664, land, forest restoration and resilience
dlhill on DSK120RN23PROD with SENATE
able until September 30, 2026, to carry out chapter 663). projects. Any non-Federal cost-share re-
activities through grants, contracts, or coop- (3) WIOA DEFINITIONS.—The terms ‘‘commu- quirement otherwise applicable to projects
erative agreements, for the purposes of pro- nity-based organization’’, ‘‘individual with a carried out under this section may be waived
viding in-school youth and out-of-school barrier to employment’’, ‘‘in-school youth’’, at the discretion of the Secretary.
youth with paid work experiences authorized ‘‘outlying area’’, and ‘‘out-of-school youth’’ (b) LIMITATIONS.—Nothing in this section
under section 129(c)(2)(C) of the Workforce have the meanings given such terms in para- shall be interpreted to authorize funds of the
Innovation and Opportunity Act, notwith- graphs (10), (24), (27), (45), and (46), respec- Commodity Credit Corporation for activities
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4237
under this section if such funds are not ex- the funds provided under this section shall (1) shall be distributed on a 1-time basis;
pressly authorized or currently expended for be subject to cost-share or matching require- (2) shall not be part of the amount required
such purposes. ments. by subsections (a) through (b) of section 106
(c) DEFINITION OF RESTORATION.—In this SEC. 120002. NATIONAL PARKS AND PUBLIC of the Indian Self-Determination and Edu-
section, the term ‘‘restoration’’ has the LANDS CONSERVATION AND ECO- cation Assistance Act (25 U.S.C. 5325(a)–(b));
meaning given the term in section 219.19 of SYSTEM RESTORATION. and
title 36, Code of Federal Regulations (as in In addition to the amounts appropriated by (3) shall only be used for the purposes iden-
effect on the date of enactment of this Act). section 50222, and any other amounts other- tified under the applicable subsection.
SEC. 100005. LIMITATION. wise available, there is appropriated to the SEC. 130002. NATIVE HAWAIIAN CLIMATE RESIL-
The funds made available under this title Secretary of the Interior for fiscal year 2022, IENCE AND ADAPTATION.
are subject to the condition that the Sec- out of any money in the Treasury not other- (a) IN GENERAL.—In addition to the
retary shall not— wise appropriated, $750,000,000, to remain amounts appropriated by section 80002(a),
(1) enter into any agreement— available through September 30, 2031, to and any other amounts otherwise available,
(A) that is for a term extending beyond carry out conservation, ecosystem and habi- there is appropriated to the Senior Program
September 30, 2031; or tat restoration projects on lands adminis- Director of the Office of Native Hawaiian Re-
(B) under which any payment could be tered by the National Park Service and Bu- lations for fiscal year 2022, out of any money
outlaid or funds disbursed after September reau of Land Management. None of the funds in the Treasury not otherwise appropriated,
30, 2031; or provided under this section shall be subject $49,000,000, to remain available until Sep-
(2) use any other funds available to the to cost-share or matching requirements. tember 30, 2031, to carry out, through finan-
Secretary to satisfy obligations initially SEC. 120003. NATIONAL PARK SERVICE AND BU- cial assistance, technical assistance, direct
made under this title. REAU OF LAND MANAGEMENT CON- expenditure, grants, contracts, or coopera-
SERVATION, RESILIENCY, AND RES- tive agreements, climate resilience and ad-
TITLE XI—ADDITIONAL MATTERS RELAT-
TORATION PROJECTS. aptation activities that serve the Native Ha-
ING TO THE COMMITTEE ON COM-
In addition to amounts otherwise avail- waiian Community.
MERCE, SCIENCE, AND TRANSPOR- (b) ADMINISTRATION.—In addition to the
TATION able, there is appropriated to the Secretary
of the Interior for fiscal year 2022, out of any amounts appropriated by section 80002(b),
SEC. 110001. INVESTING IN COASTAL COMMU- and any other amounts otherwise available,
NITIES AND CLIMATE RESILIENCE.
money in the Treasury not otherwise appro-
priated, $500,000,000, to remain available there is appropriated to the Senior Program
(a) IN GENERAL.—In addition to amounts Director of the Office of Native Hawaiian Re-
through September 30, 2031, to provide fund-
appropriated by section 40001(a), and any lations for fiscal year 2022, out of any money
ing, including all expenses necessary to pro-
other amounts otherwise available, there is in the Treasury not otherwise appropriated,
vide funding, through direct expenditure,
appropriated to the National Oceanic and At- $1,000,000, to remain available until Sep-
grants, contracts, or cooperative agree-
mospheric Administration for fiscal year tember 30, 2031, for the administrative costs
ments, to perform conservation, resiliency,
2022, out of any money in the Treasury not of carrying out this section.
or restoration projects, including all ex- (c) COST-SHARING AND MATCHING REQUIRE-
otherwise appropriated, $3,000,000,000, to re-
penses necessary to carry out such projects, MENTS.—None of the funds provided by this
main available until September 30, 2026, to
on public land administered by the National section shall be subject to cost-sharing or
provide funding through direct expenditure,
Park Service or the Bureau of Land Manage- matching requirements.
contracts, grants, cooperative agreements,
ment. None of the funds provided under this ---
or technical assistance to coastal states (as
section shall be subject to cost-share or SA 5210. Mr. SANDERS (for himself
defined in paragraph (4) of section 304 of the
matching requirements. and Mr. MERKLEY) submitted an
Coastal Zone Management Act of 1972 (16
U.S.C. 1453(4))), the District of Columbia, TITLE XIII—ADDITIONAL MATTERS RE- amendment intended to be proposed to
Tribal Governments, nonprofit organiza- LATING TO THE COMMITTEE ON INDIAN amendment SA 5194 submitted by Mr.
tions, local governments, and institutions of AFFAIRS SCHUMER to the bill H.R. 5376, to pro-
higher education (as defined in subsection (a) SEC. 130001. TRIBAL CLIMATE RESILIENCE. vide for reconciliation pursuant to title
of section 101 of the Higher Education Act of (a) TRIBAL CLIMATE RESILIENCE AND ADAP- II of S. Con. Res. 14; which was ordered
1965 (20 U.S.C. 1001(a))), for the conservation, TATION.—In addition to the amounts appro-
to lie on the table; as follows:
restoration, and protection of coastal and priated by section 80001(a), and any other
marine habitats and resources, including Strike part 1 of subtitle B of title I and in-
amounts otherwise available, there is appro-
fisheries, to enable coastal communities to sert the following:
priated to the Director of the Bureau of In-
prepare for extreme storms and other chang- dian Affairs for fiscal year 2022, out of any PART 1—CAP ON COSTS FOR COVERED
ing climate conditions, and for projects that money in the Treasury not otherwise appro- PRESCRIPTION DRUGS UNDER MEDI-
support natural resources that sustain coast- priated, $441,000,000, to remain available CARE PARTS B AND D
al and marine resource dependent commu- until September 30, 2031, to carry out, SEC. 11001. CAP ON COSTS FOR COVERED PRE-
nities, and for related administrative ex- through financial assistance, technical as- SCRIPTION DRUGS UNDER MEDI-
CARE PARTS B AND D.
penses. sistance, direct expenditure, grants, con-
(b) COST-SHARING AND MATCHING REQUIRE- tracts, or cooperative agreements, Tribal cli- (a) IN GENERAL.—Title XVIII of the Social
MENTS.—None of the funds provided under Security Act (42 U.S.C. 1395 et seq.) is
mate resilience and adaptation programs.
this section shall be subject to cost-sharing (b) ADMINISTRATION.—In addition to the amended by adding at the end the following
or matching requirements. amounts appropriated by section 80001(c), new section:
(c) TRIBAL GOVERNMENT DEFINED.—In this ‘‘SEC. 1899C. CAP ON COSTS FOR COVERED PRE-
and any other amounts otherwise available,
section, the term ‘‘Tribal Government’’ SCRIPTION DRUGS UNDER MEDI-
there is appropriated to the Director of the CARE PARTS B AND D.
means the recognized governing body of any Bureau of Indian Affairs for fiscal year 2022, ‘‘(a) IN GENERAL.—In no case may the
Indian or Alaska Native tribe, band, nation, out of any money in the Treasury not other- amount of payment for a drug or biological
pueblo, village, community, component wise appropriated, $9,000,000, to remain avail- under part B or a covered part D drug (as de-
band, or component reservation, individually able until September 30, 2031, for the admin- fined in section 1860D–2(e)) under a prescrip-
identified (including parenthetically) in the istrative costs of carrying out this section. tion drug plan under part D exceed the lower
list published most recently as of the date of (c) COST-SHARING AND MATCHING REQUIRE- of the following:
enactment of this subsection pursuant to MENTS.—None of the funds provided by this ‘‘(1) The amount paid by the Secretary of
section 104 of the Federally Recognized In- section shall be subject to cost-sharing or Veterans Affairs to procure the drug under
dian Tribe List Act of 1994 (25 U.S.C. 5131). matching requirements. the laws administered by the Secretary.
TITLE XII—ADDITIONAL MATTERS RELAT- (d) SMALL AND NEEDY PROGRAM.—Amounts ‘‘(2) The amount paid to procure the drug
ING TO THE COMMITTEE ON ENERGY made available under this section shall be through the Federal Supply Schedule of the
AND NATURAL RESOURCES excluded from the calculation of funds re- General Services Administration.
SEC. 120001. NATIONAL PARKS AND PUBLIC ceived by those Tribal governments that par- ‘‘(b) MANUFACTURER REQUIREMENT.—In
LANDS CONSERVATION AND RESIL- ticipate in the ‘‘Small and Needy’’ program. order for coverage to be available under part
IENCE. (e) DISTRIBUTION; USE OF FUNDS.—Amounts B for a drug or biological of a manufacturer
In addition to the amounts appropriated by made available under this section that are or under part D for a covered part D drug of
section 50221, and any other amounts other- distributed to Indian Tribes and Tribal orga- a manufacturer, the manufacturer must
wise available, there is appropriated to the nizations for services pursuant to a self-de- agree to provide such drug or biological to
Secretary of the Interior for fiscal year 2022, termination contract (as defined in sub- providers of services and suppliers under part
dlhill on DSK120RN23PROD with SENATE
out of any money in the Treasury not other- section (j) of section 4 of the Indian Self-De- B or such covered part D drug to prescription
wise appropriated, $1,250,000,000, to remain termination and Education Assistance Act drug plans under part D for an amount that
available through September 30, 2031, to (25 U.S.C. 5304(j))) or a self-governance com- does not exceed the maximum payment
carry out projects for the conservation, pro- pact entered into pursuant to subsection (a) amount applicable under subsection (a).
tection, and resiliency of lands and resources of section 404 of the Indian Self-Determina- ‘‘(c) ACCESS TO PRICING INFORMATION.—The
administered by the National Park Service tion and Education Assistance Act (25 U.S.C. Secretary of Veterans Affairs and the Ad-
and Bureau of Land Management. None of 5364(a))— ministrator of General Services shall provide
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S4238 CONGRESSIONAL RECORD — SENATE August 6, 2022
to the Secretary of Health and Human Serv- ‘‘(i) IN GENERAL.—The account through ‘‘(1) IN GENERAL.—The Secretary shall pro-
ices the information described in paragraphs which the Secretary shall make payment for vide outreach and education on the pro-
(1) and (2), respectively, of subsection (a) and eligible expenses under the program shall be gram—
such other information as the Secretary of deemed to be a Treasury-sponsored account, ‘‘(A) for eligible beneficiaries; and
Health and Human Services may request in as defined in section 208.2 of title 31, Code of ‘‘(B) for entities described in subsection
order to carry out this section. Federal Regulations, without regard to sec- (d)(2)(B).
‘‘(d) EFFECTIVE DATE.—This section shall tion 913 of the Electronic Fund Transfer Act ‘‘(2) FUNDING.—In addition to amounts oth-
apply with respect to drugs furnished or dis- (15 U.S.C. 1693k), section 1005.10(e)(2) of title erwise available, there is appropriated to the
pensed on or after January 1, 2023.’’. 12, Code of Federal Regulations (or any suc- Secretary for fiscal year 2022, out of amounts
(b) CONFORMING AMENDMENTS.— cessor regulation), section 1(d) of Executive in the Treasury not otherwise appropriated,
(1) APPLICATION UNDER PART B.—Section Order 13681 (31 U.S.C. 3321 note; relating to $82,000,000, to remain available until Decem-
1847A of the Social Security Act (42 U.S.C. improving the security of consumer financial ber 31, 2025, to carry out this subsection.
1395w–3a), as amended by section 11101, is transactions), section 3332(i) of title 31, ‘‘(f) NO IMPACT ON BENEFITS UNDER THIS
amended— United States Code, and subchapter IV of TITLE, MEDICAID, OR CHIP.—
(A) in subsection (b)(1), by striking ‘‘and chapter 33 of title 31, United States Code. ‘‘(1) NO IMPACT ON BENEFITS UNDER THIS
(e)’’ and inserting ‘‘(e), and (i)’’; ‘‘(ii) TREATMENT OF ACCOUNTS.—The De- TITLE.—Any payment made to an entity
(B) by redesignating subsection (j) as sub- partment of the Treasury shall be deemed to under this section shall not be treated as
section (k); and be the customer of any financial institution benefits under this title or otherwise taken
(C) by inserting after subsection (i) the fol- for any account issued under clause (i) for into account in computing—
lowing subsection: purposes of the Right to Financial Privacy ‘‘(A) actuarial rates or premium amounts
‘‘(j) APPLICATION OF CAP ON COSTS FOR Act (12 U.S.C. 3401 et seq.). under section 1839; or
PART B DRUGS.—Notwithstanding the pre- ‘‘(B) AUTHORIZED TRANSACTIONS.— ‘‘(B) the MA area-specific non-drug month-
ceding provisions of this subsection, the ‘‘(i) CONDITION OF ACCEPTANCE OF PAY- ly benchmark amount under section 1853(j).
amount of payment under this section for a MENT.—Acceptance of payment under sub- ‘‘(2) DISREGARD OF PAYMENTS FOR PURPOSES
drug or biological furnished on or after Janu- paragraph (A)(i) shall be deemed to be an OF MEDICAID AND CHIP.—Any payment made
ary 1, 2023, shall not exceed the maximum agreement by the entity accepting such pay- to an entity under this section shall be dis-
payment amount applicable to the drug or ment to furnish such information as may be regarded when determining income for any
biological under section 1899C(a).’’. necessary for the Secretary to verify that purpose under the programs established
(2) APPLICATION AS NEGOTIATED PRICE such payment is for eligible expenses of an under title XIX and title XXI.
UNDER PART D.—Section 1860D–2(d)(1)(B) of eligible beneficiary. ‘‘(g) EXCEPTION FROM REDUCTION OR OFF-
the Social Security Act (42 U.S.C. 1395w– ‘‘(ii) REVIEW.—The Secretary shall review SET.—Payments under this section shall not
102(d)(1)(B)) is amended by adding at the end payments, as necessary, to verify trans- be subject to offset under section 3716 of title
the following new sentence: ‘‘Notwith- actions are for eligible expenses of eligible 31, United States Code.
standing any other provision of this part, the beneficiaries. ‘‘(h) IMPLEMENTATION.—In addition to
negotiated price used for payment for a cov- ‘‘(C) REQUIREMENT.—Notwithstanding the amounts otherwise available, there is appro-
ered part D drug dispensed on or after Janu- provisions of section 1(d) of Executive Order priated to the Secretary for fiscal year 2022,
ary 1, 2023, shall not exceed the maximum 13681, cards issued under paragraph (1)(B) out of amounts in the Treasury not other-
payment amount applicable to the covered shall be magnetic stripe-only cards that do wise appropriated, $193,000,000, to remain
part D drug under section 1899C.’’. not utilize chip and PIN technology. available until December 31, 2025, to carry
--- ‘‘(3) EXPEDITING IMPLEMENTATION.—The out this section (other than subsection (e)
SA 5211. Mr. SANDERS (for himself Secretary shall implement the program and subsection (i)).
and Mr. MERKLEY) proposed an amend- ‘‘(i) FUNDING FOR PAYMENTS.—In addition
through program instruction.
to amounts otherwise available, there is ap-
ment to amendment SA 5194 proposed ‘‘(4) ADMINISTRATION.—The requirements
propriated to the Secretary for fiscal year
by Mr. SCHUMER to the bill H.R. 5376, to under section 1862(b) (relating to secondary
2022, out of amounts in the Treasury not oth-
provide for reconciliation pursuant to payer) and section 1882(d)(3) (relating to non-
erwise appropriated, $58,000,000,000, to remain
title II of S. Con. Res. 14; as follows: duplication of health benefits) are waived.
available until December 31, 2024, for pur-
The Secretary shall not impose sanctions
At the end of subtitle B of title I, add the poses of funding payments for eligible ex-
under subsection 1877(g) with respect to des-
following: penses under the program through Treasury-
ignated health services that are eligible ex-
PART 6—MEDICARE COVERAGE OF DEN- sponsored accounts described in subsection
penses.
TAL AND ORAL HEALTH CARE, HEARING (c)(2)(A)(i) which shall supplement and not
‘‘(5) NONAPPLICATION OF MEDICAID THIRD
CARE, AND VISION CARE supplant any other appropriations that may
PARTY LIABILITY.—Neither the program nor
Subpart A—Medicare Coverage be available for this purpose.’’.
an entity receiving payment for eligible ex-
SEC. 11502. COVERAGE OF DENTAL AND ORAL
SEC. 11501. INTERIM DENTAL PROGRAM. penses under the program shall be treated as HEALTH CARE.
Title XVIII of the Social Security Act (42 a legally liable party for purposes of apply-
(a) COVERAGE.—Section 1861(s)(2) of the So-
U.S.C. 1395 et seq.) is amended by inserting ing section 1902(a)(25).
cial Security Act (42 U.S.C. 1395x(s)(2)) is
after section 1866F the following new section: ‘‘(d) DEFINITIONS.—In this section: amended—
‘‘SEC. 1866G. INTERIM DENTAL PROGRAM. ‘‘(1) ELIGIBLE BENEFICIARY.—The term ‘eli- (1) in subparagraph (GG), by striking
‘‘(a) ESTABLISHMENT.—The Secretary shall gible beneficiary’ means an individual who— ‘‘and’’ after the semicolon at the end;
establish an interim Medicare dental pro- ‘‘(A) is enrolled under part B; and (2) in subparagraph (HH), by striking the
gram (in this section referred to as the ‘pro- ‘‘(B) as of the start of the program, or in period at the end and adding ‘‘; and’’; and
gram’) by not later than 6 months after the the case of an individual who enrolls in part (3) by adding at the end the following new
date of the enactment of this section. Under B after the date that is 6 months after the subparagraph:
the program, payment shall be made for eli- date of the enactment of this section, the ‘‘(II) dental and oral health services (as de-
gible expenses of eligible beneficiaries in ac- first month in which the individual is en- fined in subsection (lll));’’.
cordance with this section. rolled under such part, is not subject to a re- (b) DENTAL AND ORAL HEALTH SERVICES DE-
‘‘(b) AMOUNT.—The Secretary shall pay for duction in premium subsidy pursuant to sec- FINED.—Section 1861 of the Social Security
eligible expenses under the program per eli- tion 1839(i). Act (42 U.S.C. 1395x) is amended by adding at
gible beneficiary in an amount not to exceed ‘‘(2) ELIGIBLE EXPENSES.—The term ‘eligi- the end the following new subsection:
$1,000. ble expenses’ means expenses for which pay- ‘‘(lll) DENTAL AND ORAL HEALTH SERV-
‘‘(c) PROGRAM IMPLEMENTATION.— ment has not been made by insurance or a ICES.—
‘‘(1) IN GENERAL.—The Secretary shall— party other than the beneficiary, for dental ‘‘(1) IN GENERAL.—Except as provided in
‘‘(A) make a Treasury-sponsored account items and services furnished to an eligible paragraph (2), the term ‘dental and oral
described in paragraph (2)(A)(i) available to beneficiary that are— health services’ means the following items
eligible beneficiaries so payment may be ‘‘(A) to the extent applicable, treated as and services that are furnished by a doctor of
made to entities described in subsection medical care under section 213(d)(1)(A) of the dental surgery or of dental medicine (as de-
(d)(2)(B) for eligible expenses at the point-of- Internal Revenue Code of 1986; scribed in subsection (r)(2)) or an oral health
sale; ‘‘(B) furnished by entities such as those professional (as defined in paragraph (3)) on
‘‘(B) issue cards for making payments de- with merchant category code 8021 (or suc- or after January 1, 2025:
scribed in subparagraph (A), and replacement cessor codes); and ‘‘(A) PREVENTIVE AND SCREENING SERV-
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cards for cards that are lost or stolen; and ‘‘(C) presented for payment on or after the ICES.—Preventive and screening services, in-
‘‘(C) provide a toll-free telephone number date of the activation of the card described cluding oral exams, dental cleanings, dental
and website to answer beneficiary questions in subsection (c)(1)(B), and ending on Decem- x-rays, and fluoride treatments.
on the program including the amount avail- ber 31, 2024. ‘‘(B) BASIC PROCEDURES.—Basic procedures,
able for payment. ‘‘(3) PROGRAM.—The term ‘program’ means including services such as minor restorative
‘‘(2) PAYMENTS.— the program established under this section. services, periodontal maintenance, peri-
‘‘(A) DELIVERY OF PAYMENTS.— ‘‘(e) OUTREACH AND EDUCATION.— odontal scaling and root planing, simple
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4239
tooth extractions, therapeutic pulpotomy, service for 2025 and subsequent years in ac- justment described in section
and other related items and services. cordance with this subparagraph. 1886(b)(3)(B)(xi)(II).
‘‘(C) DENTURES.—Dentures and implants in- ‘‘(ii) USE OF 2020 DENTAL FEE SURVEY.— ‘‘(ii) ADJUSTMENTS.—
cluding related items and services. ‘‘(I) IN GENERAL.—Except as provided in ‘‘(I) IN GENERAL.—The Secretary shall, to
‘‘(2) EXCLUSIONS.—Such term does not in- clause (iii) or clause (iv), the national me- the extent the Secretary determines to be
clude items and services for which, as of the dian fee for a dental or oral health service necessary and subject to subclause (II), ad-
date of the enactment of this subsection, shall be equal to— just the amounts determined under the fee
coverage was permissible under section ‘‘(aa) for 2025, the median fee for the serv- schedule established under this paragraph
1862(a)(12) and cosmetic services not other- ice in the table titled ‘General Practi- for 2026 and subsequent years to take into ac-
wise covered under section 1862(a)(10). tioners–National’ of the ‘2020 Survey of Den- count changes in dental practice, coding
‘‘(3) ORAL HEALTH PROFESSIONAL.—The tal Fees’ published by the American Dental changes, new data on work, practice, or mal-
term ‘oral health professional’ means, with Association, increased by the applicable per- practice expenses, or the addition of new pro-
respect to dental and oral health services, a cent increase for the year determined under cedures.
health professional (other than a doctor of subclause (II), as reduced by the productivity ‘‘(II) LIMITATION ON ANNUAL ADJUST-
dental surgery or of dental medicine (as de- adjustment under subclause (III); and MENTS.—The adjustments under subclause (I)
scribed in subsection (r)(2))) who is licensed ‘‘(bb) for 2026 and subsequent years, the for a year shall not cause the amount of ex-
to furnish such services, acting within the amount determined under this subclause for penditures under this part for the year to
scope of such license, by the State in which the preceding year, updated pursuant to sub- differ by more than $20,000,000 from the
such services are furnished.’’. paragraph (C)(i). amount of expenditures under this part that
(c) PAYMENT; COINSURANCE; AND LIMITA- ‘‘(II) APPLICABLE PERCENT INCREASE.—The would have been made if such adjustments
TIONS.—
applicable percent increase determined had not been made.
(1) IN GENERAL.—Section 1833(a)(1) of the under this subclause for a year is an amount ‘‘(3) LIMITATIONS.—With respect to dental
Social Security Act (42 U.S.C. 1395l(a)(1)), as equal to the percentage increase between— and oral health services that are preventive
amended by section 11101, is amended— ‘‘(aa) the consumer price index for all and screening services described in para-
(A) in subparagraph (N), by inserting ‘‘and urban consumers (United States city aver- graph (1)(A) of section 1861(lll)—
age) ending with June of the previous year; ‘‘(A) payment shall be made under this
dental and oral health services (as defined in
and part for—
section 1861(lll))’’ after ‘‘section
‘‘(bb) the consumer price index for all ‘‘(i) not more than 2 oral exams in a year;
1861(hhh)(1))’’;
urban consumers (United States city aver- ‘‘(ii) not more than 2 dental cleanings in a
(B) by striking ‘‘and’’ before ‘‘(EE)’’; and
age) ending with June of 2020. year;
(C) by inserting before the semicolon at
‘‘(III) PRODUCTIVITY ADJUSTMENT.—After ‘‘(iii) not more than 1 fluoride treatment in
the end the following: ‘‘and (FF) with respect
determining the applicable percentage in- a year; and
to dental and oral health services (as defined
crease under subclause (II) for a year, the ‘‘(iv) not more than 1 full-mouth series of
in section 1861(lll)), the amount paid shall be
Secretary shall reduce such percentage in- x-rays as part of a preventive and screening
the payment amount specified under section
crease by the productivity adjustment de- oral exam every 3 years; and
1834(z)’’. scribed in section 1886(b)(3)(B)(xi)(II).
(2) PAYMENT AND LIMITS SPECIFIED.—Sec- ‘‘(B) in the case of preventive and screen-
‘‘(iii) DETERMINATION IF INSUFFICIENT SUR-
tion 1834 of the Social Security Act (42 ing services not described in subparagraph
VEY DATA.—If the Secretary determines there
U.S.C. 1395m) is amended by adding at the (A), payment shall be made under this part
is insufficient data under the Survey de-
end the following new subsection: only at such frequencies determined appro-
scribed in clause (ii) with respect to a dental
‘‘(z) PAYMENT AND LIMITS FOR DENTAL AND priate by the Secretary.
or oral health service, the national median
ORAL HEALTH SERVICES.— ‘‘(4) INCENTIVES FOR RURAL PROVIDERS.—In
fee for the service for a year shall be equal to
‘‘(1) PAYMENT.—The payment amount the case of dental and oral health services
an amount established for the service using
under this part for dental and oral health furnished by a doctor of dental surgery or of
one or more of the following methods, as de-
services (as defined in section 1861(lll)) shall dental medicine (as described in section
termined appropriate by the Secretary:
be, subject to paragraphs (3) and (4), 80 per- 1861(r)(2)) or an oral health professional (as
‘‘(I) The payment basis determined under
cent of the lesser of— section 1848. defined in section 1861(lll)(3)) who predomi-
‘‘(A) the actual charge for the service; or ‘‘(II) Fee schedules for dental and oral nantly furnishes such services under this
‘‘(B)(i) in the case of such services fur- health services which shall include, as prac- part in an area that is designated by the Sec-
nished by a doctor of dental surgery or of ticable, fee schedules— retary (under section 332(a)(1)(A) of the Pub-
dental medicine (as described in section ‘‘(aa) under Medicare Advantage plans lic Health Service Act) as a health profes-
1861(r)(2)), the amount determined under the under part C; sional shortage area, in addition to the
fee schedule established under paragraph (2); ‘‘(bb) under State plans (or waivers of such amount of payment that would otherwise be
or plans) under title XIX; and made for such services under this subsection,
‘‘(ii) in the case of such services furnished ‘‘(cc) established by other health care pay- there also shall be paid an amount equal to
by an oral health professional (as defined in ers. 10 percent of the payment amount for the
section 1861(lll)(3)), 85 percent of the amount ‘‘(iv) SPECIAL RULE FOR DENTURES.—The service under this subsection for such doctor
determined under the fee schedule estab- Secretary shall make payment for dentures or professional.
lished under paragraph (2). and associated professional services as a bun- ‘‘(5) LIMITATION ON BENEFICIARY LIABIL-
‘‘(2) ESTABLISHMENT OF FEE SCHEDULE FOR dled payment as determined by the Sec- ITY.—The provisions of section 1848(g) shall
DENTAL AND ORAL HEALTH SERVICES.— retary. In establishing such bundled pay- apply to a nonparticipating doctor of dental
‘‘(A) ESTABLISHMENT.— ment, the Secretary shall consider the na- surgery or of dental medicine (as described
‘‘(i) IN GENERAL.—The Secretary shall es- tional median fee for the service for the year in subsection (r)(2)) who does not accept pay-
tablish a fee schedule for dental and oral determined under clause (ii) or (iii) and the ment on an assignment-related basis for den-
health services furnished in 2025 and subse- rate determined for such dentures under the tal and oral health services furnished with
quent years. The fee schedule amount for a Federal Supply Schedule of the General respect to an individual enrolled under this
dental or oral health service shall be equal 70 Services Administration, as published by part in the same manner as such provisions
percent of the national median fee (as deter- such Administration in 2021, updated to the apply with respect to a physician’s service.
mined under subparagraph (B)) for the serv- year involved using the applicable percent ‘‘(6) ESTABLISHMENT OF DENTAL ADMINIS-
ice or a similar service for the year (or, in increase for the year determined under TRATOR.—The Secretary shall designate one
the case of dentures, at the bundled payment clause (ii)(II), as reduced by the productivity or more (not to exceed 4) medicare adminis-
amount under clause (iv) of such subpara- adjustment under clause (ii)(III), and shall trative contractors under section 1874A to
graph), adjusted by the geographic adjust- ensure that the payment component for den- establish coverage policies and establish
ment factor established under section tures under such bundled payment does not such policies and process claims for payment
1848(e)(2) for the area for the year. exceed the maximum rate determined for for dental and oral health services, as deter-
‘‘(ii) CONSULTATION.—In carrying out this such dentures under the Federal Supply mined appropriate by the Secretary.’’.
paragraph, the Secretary shall consult annu- Schedule, as so published and updated to the (d) INCLUSION OF ORAL HEALTH PROFES-
ally with organizations representing dentists year involved. SIONALS AS CERTAIN PRACTITIONERS.—Section
and other providers who furnish dental and ‘‘(C) ANNUAL UPDATE AND ADJUSTMENTS.— 1842(b)(18)(C) of the Social Security Act (42
oral health services and shall share with ‘‘(i) ANNUAL UPDATE.—The Secretary shall U.S.C. 1395u(b)(18)(C)) is amended by adding
such providers the data and data analysis update payment amounts determined under at the end the following new clause:
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used to determine fee schedule amounts the fee schedule from year to year beginning ‘‘(vii) With respect to 2026 and each subse-
under this paragraph. in 2026 by increasing such amounts from the quent year, an oral health professional (as
‘‘(B) DETERMINATION OF NATIONAL MEDIAN prior year by the percentage increase in the defined in section 1861(lll)(3)).’’.
FEE.— consumer price index for all urban con- (e) EXCLUSION MODIFICATIONS.—Section
‘‘(i) IN GENERAL.—For purposes of subpara- sumers (United States city average) for the 1862(a) of the Social Security Act (42 U.S.C.
graph (A), the Secretary shall apply the na- 12-month period ending with June of the pre- 1395y(a)) is amended—
tional median fee for a dental or oral health ceding year, reduced by the productivity ad- (1) in paragraph (1)—
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S4240 CONGRESSIONAL RECORD — SENATE August 6, 2022
(A) in subparagraph (O), by striking ‘‘and’’ ‘‘(5) TEMPORARY PAYMENT RATES BASED ON Sciences or meets such other requirements
at the end; PFS FOR CERTAIN SERVICES.—The Secretary as the Secretary determines appropriate (in-
(B) in subparagraph (P), by striking the shall, in establishing payment rates for den- cluding requirements relating to educational
semicolon at the end and inserting ‘‘, and’’; tal and oral health services (as defined in certifications or accreditations) taking into
and section 1861(lll) that are Federally qualified account any additional relevant require-
(C) by adding at the end the following new health center services under the prospective ments for hearing aid specialists, hearing aid
subparagraph: payment system established under this sub- dispensers, and hearing instrument dis-
‘‘(Q) in the case of dental and oral health section, in lieu of the rates otherwise appli- pensers established by Medicare Advantage
services (as defined in section 1861(lll)) for cable under such system, base such rates on organizations under part C, State plans (or
which a limitation is applicable under sec- rates payable for such services under the waivers of such plans) under title XIX, and
tion 1834(z)(3), which are furnished more fre- payment basis established under section 1848 group health plans and health insurance
quently than is provided under such sec- until such time as the Secretary determines issuers (as such terms are defined in section
tion.’’; and sufficient data has been collected to other- 2791 of the Public Health Service Act).’’.
(2) in paragraph (12), by inserting before wise establish rates for such services under (2) PAYMENT FOR QUALIFIED HEARING AID
the semicolon at the end the following: ‘‘and such system (or January 1, 2030, if no such PROFESSIONALS.—Section 1833(a)(1) of the So-
except that payment shall be made under determination has been made as of such cial Security Act (42 U.S.C. 1395l(a)(1)), as
part B for dental and oral health services date). Payments for Federally qualified amended by section 11101(b) and 11501, is fur-
that are covered under section 1861(s)(2)(II)’’. health center services other than such dental ther amended—
(f) INCLUSION AS EXCEPTED MEDICAL TREAT- and oral health services under such system (A) by striking ‘‘and’’ before ‘‘(FF)’’; and
MENT.—Section 1821(b)(5)(A)(iii) of the Social shall not take into account the costs of such (B) by inserting before the semicolon at
Security Act (42 U.S.C. 1395i–5(b)(5)(A)), as services while rates for such services are the end the following: ‘‘and (GG) with re-
added by section 11501(d), is amended— based on rates payable for such services spect to hearing aid examination services (as
(1) by striking ‘‘or hearing aids’’ and in- under the payment basis established under described in paragraph (3)(A)(ii) of section
serting ‘‘hearing aids’’; and section 1848.’’. 1861(ll)) furnished by a qualified hearing aid
(2) by inserting ‘‘, or dental and oral health (h) IMPLEMENTATION.—In addition to professional (as defined in paragraph (4)(C) of
services (as defined in subsection (lll) of such amounts otherwise available, there is appro- such section), the amounts paid shall be
section)’’ after ‘‘subsection (s)(8) of such sec- priated to the Secretary of Health and equal to 80 percent of the lesser of the actual
tion’’. Human Services for fiscal year 2022, out of charge for such services or 85 percent of the
(g) RURAL HEALTH CLINICS AND FEDERALLY any money in the Treasury not otherwise ap- amount for such services determined under
QUALIFIED HEALTH CENTERS.— propriated, $900,000,000, to remain available the payment basis determined under section
(1) COVERAGE OF DENTAL AND ORAL HEALTH until expended, for purposes of implementing 1848’’.
the amendments made by this section during (3) INCLUSION OF QUALIFIED AUDIOLOGISTS
SERVICES.—Section 1861(aa) of the Social Se-
the period beginning on January 1, 2022, and AND QUALIFIED HEARING AID PROFESSIONALS AS
curity Act (42 U.S.C. 1395x(aa)), is amended—
ending on September 30, 2031. CERTAIN PRACTITIONERS TO RECEIVE PAYMENT
(A) in paragraph (1)—
SEC. 11503. PROVIDING COVERAGE FOR HEARING ON AN ASSIGNMENT-RELATED BASIS.—
(i) in subparagraph (B), by striking ‘‘and’’ CARE UNDER THE MEDICARE PRO-
at the end; (A) QUALIFIED AUDIOLOGISTS.—Section
GRAM.
(ii) in subparagraph (C), by inserting ‘‘and’’ 1842(b)(18)(C) of the Social Security Act (42
(a) PROVISION OF AUDIOLOGY SERVICES BY
after the comma at the end; and U.S.C. 1395u(b)(18)(C)), as amended by section
QUALIFIED AUDIOLOGISTS AND HEARING AID
(iii) by inserting after subparagraph (C) the EXAMINATION SERVICES BY QUALIFIED HEAR- 11502, is amended by adding at the end the
following new subparagraph: ING AID PROFESSIONALS.—
following new clause:
‘‘(D) dental and oral health services (as de- (1) IN GENERAL.—Section 1861(ll) of the So- ‘‘(viii) Beginning on January 1, 2024, a
fined in subsection (lll)) furnished by a doc- cial Security Act (42 U.S.C. 1395x(ll)) is qualified audiologist (as defined in section
tor of dental surgery or of dental medicine amended— 1861(ll)(4)(B)).’’.
(as described in subsection (r)(2)) or an oral (A) in paragraph (3)— (B) QUALIFIED HEARING AID PROFES-
health professional (as defined in subsection SIONALS.—Section 1842(b)(18) of the Social
(i) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(lll)(3)) who is employed by or working under (ii) in subparagraph (A), as added by clause Security Act (42 U.S.C. 1395u(b)(18)) is
contract with a rural health clinic if such (i) of this subparagraph— amended—
rural health clinic furnishes such services,’’; (I) by striking ‘‘means such hearing and (i) in each of subparagraphs (A) and (B), by
and balance assessment services’’ and inserting ‘‘striking subparagraph (C)’’ and inserting
(B) in paragraph (3)(A), by striking ‘‘(C)’’ ‘‘means— ‘‘subparagraph (C) or, beginning on January
and inserting ‘‘(D)’’. ‘‘(i) such hearing and balance assessment 1, 2024, subparagraph (E)’’; and
(2) TEMPORARY PAYMENT RATES FOR CER- services and, beginning January 1, 2024, such (ii) by adding at the end the following new
TAIN SERVICES UNDER THE RHC AIR AND FQHC hearing aid examination services and treat- subparagraph:
PPS.— ment services (including aural rehabilita- ‘‘(E) A practitioner described in this sub-
(A) AIR.—Section 1833 of the Social Secu- tion, vestibular rehabilitation, and cerumen paragraph is a qualified hearing aid profes-
rity Act (42 U.S.C. 1395l) is amended— management)’’; sional (as defined in section 1861(ll)(4)(C)).’’.
(i) in subsection (a)(3)(A), by inserting (II) in clause (i), as added by subclause (I) (b) COVERAGE OF HEARING AIDS.—
‘‘(which shall, in the case of dental and oral of this clause, by striking the period at the (1) INCLUSION OF HEARING AIDS AS PROS-
health services (as defined in section end and inserting ‘‘; and’’; and THETIC DEVICES.—Section 1861(s)(8) of the So-
1861(lll)), in lieu of any limits on reasonable (III) by adding at the end the following new cial Security Act (42 U.S.C. 1395x(s)(8)) is
costs otherwise applicable, be based on the clause: amended by inserting ‘‘, and including hear-
rates payable for such services under the ‘‘(ii) beginning January 1, 2024, such hear- ing aids (as described in section 1834(h)(7))
payment basis determined under section 1848 ing aid examination services furnished by a furnished on or after January 1, 2024, to indi-
until such time as the Secretary determines qualified hearing aid professional (as defined viduals with moderately severe, severe, or
sufficient data has been collected to other- in paragraph (4)(C)) as the professional is le- profound hearing loss’’ before the semicolon
wise apply such limits (or January 1, 2030, if gally authorized to perform under State law at the end.
no such determination has been made as of (or the State regulatory mechanism provided (2) PAYMENT LIMITATIONS FOR HEARING
such date))’’ after ‘‘may prescribe in regula- by State law), as would otherwise be covered AIDS.—Section 1834(h) of the Social Security
tions’’; and if furnished by a physician.’’; and Act (42 U.S.C. 1395m(h)) is amended by add-
(ii) by adding at the end the following new (iii) by adding at the end the following new ing at the end the following new paragraphs:
subsection: subparagraph: ‘‘(6) PAYMENT ONLY ON AN ASSIGNMENT-RE-
‘‘(ee) DISREGARD OF COSTS ATTRIBUTABLE ‘‘(B) Beginning January 1, 2024, audiology LATED BASIS.—Payment for hearing aids for
TO CERTAIN SERVICES FROM CALCULATION OF services described in subparagraph (A)(i) which payment may be made under this part
RHC AIR.—Payments for rural health clinic shall be furnished without a requirement for may be made only on an assignment-related
services other than dental and oral health an order from a physician or practitioner.’’; basis. The provisions of subparagraphs (A)
services (as defined in section 1861(lll)) under and and (B) of section 1842(b)(18) shall apply to
the methodology for all-inclusive rates (es- (B) in paragraph (4), by adding at the end hearing aids in the same manner as they
tablished by the Secretary) under subsection the following new subparagraph: apply to services furnished by a practitioner
(a)(3) shall not take into account the costs of ‘‘(C) The term ‘qualified hearing aid profes- described in subparagraph (C) of such sec-
such services while rates for such services sional’ means an individual who— tion.
dlhill on DSK120RN23PROD with SENATE
are based on rates payable for such services ‘‘(i) is licensed or registered as a hearing ‘‘(7) LIMITATIONS FOR HEARING AIDS.—
under the payment basis established under aid dispenser, hearing aid specialist, hearing ‘‘(A) IN GENERAL.—Payment may be made
section 1848.’’. instrument dispenser, or related professional under this part with respect to an individual,
(B) PPS.—Section 1834(o) of the Social Se- by the State in which the individual fur- with respect to hearing aids furnished by a
curity Act (42 U.S.C. 1395m(o)) is amended by nishes such services; and qualified hearing aid supplier (as defined in
adding at the end the following new para- ‘‘(ii) is accredited by the National Board subparagraph (B)) on or after January 1,
graph: for Certification in Hearing Instrument 2024—
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4241
‘‘(i) not more than once per ear during a 5- lowed under section 1861(s)(8))’’ after ‘‘hear- ‘‘(JJ) vision services (as defined in sub-
year period; ing aids or examinations therefor’’. section (mmm));’’.
‘‘(ii) only for types of such hearing aids (d) INCLUSION AS EXCEPTED MEDICAL (b) VISION SERVICES DEFINED.—Section 1861
that are determined appropriate by the Sec- TREATMENT.—Section 1821(b)(5)(A) of the So- of the Social Security Act (42 U.S.C. 1395x),
retary; and cial Security Act (42 U.S.C. 1395i–5(b)(5)(A)) as amended by section 11502(b), is amended
‘‘(iii) only if furnished pursuant to a writ- is amended— by adding at the end the following new sub-
ten order of a physician, qualified audiol- (1) in clause (i), by striking ‘‘or’’; section:
ogist (as defined in section 1861(ll)(4)), quali- (2) in clause (ii), by striking the period and ‘‘(mmm) VISION SERVICES.—The term ‘vi-
fied hearing aid professional (as so defined), inserting ‘‘, or’’; and sion services’ means routine eye examina-
physician assistant, nurse practitioner, or (3) by adding at the end the following new tions to determine the refractive state of the
clinical nurse specialist. clause: eyes, including procedures performed during
‘‘(B) DEFINITIONS.—In this subsection: ‘‘(iii) consisting of audiology services de- the course of such examination, furnished on
‘‘(i) HEARING AID.—The term ‘hearing aid’ scribed in subsection (ll)(3) of section 1861, or or after January 1, 2023, by or under the di-
means the item and related services includ- hearing aids described in subsection (s)(8) of rect supervision of an ophthalmologist or op-
ing selection, fitting, adjustment, and pa- such section, that are payable under part B tometrist who is legally authorized to fur-
tient education and training. as a result of the amendments made by the nish such examinations or procedures (as ap-
‘‘(ii) QUALIFIED HEARING AID SUPPLIER.— Act titled ‘An Act to provide for reconcili- plicable) under State law (or the State regu-
The term ‘qualified hearing aid supplier’ ation pursuant to title II of S. Con. Res. latory mechanism provided by State law) of
means— 14’.’’. the State in which the examinations or pro-
‘‘(I) a qualified audiologist; (e) RURAL HEALTH CLINICS AND FEDERALLY cedures are furnished.’’.
QUALIFIED HEALTH CENTERS.— (c) PAYMENT LIMITATIONS.—Section 1834 of
‘‘(II) a physician (as defined in section
(1) CLARIFYING COVERAGE OF AUDIOLOGY the Social Security Act (42 U.S.C. 1395m), as
1861(r)(1));
SERVICES AS PHYSICIANS’ SERVICES.—Section amended by section 11502(c), is amended by
‘‘(III) a physician assistant, nurse practi-
1861(aa)(1)(A) of the Social Security Act (42 adding at the end the following new sub-
tioner, or clinical nurse specialist;
U.S.C. 1395x(aa)(1)(A)) is amended by insert- section:
‘‘(IV) a qualified hearing aid professional ‘‘(aa) LIMITATION FOR VISION SERVICES.—
(as defined in 1861(ll)(4)(C)); and ing ‘‘(including audiology services (as de-
fined in subsection (ll)(3)))’’ after ‘‘physi- With respect to vision services (as defined in
‘‘(V) other suppliers as determined by the section 1861(mmm)) and an individual, pay-
Secretary.’’. cians’ services’’.
(2) INCLUSION OF QUALIFIED AUDIOLOGISTS ment shall be made under this part for only
(3) APPLICATION OF COMPETITIVE ACQUISI- 1 routine eye examination described in such
TION.— AND QUALIFIED HEARING AID PROFESSIONALS AS
RHC AND FQHC PRACTITIONERS.—Section
subsection during a 2-year period.’’.
(A) IN GENERAL.—Section 1834(h)(1)(H) of (d) PAYMENT UNDER PHYSICIAN FEE SCHED-
the Social Security Act (42 U.S.C. 1861(aa)(1)(B) of the Social Security Act (42
ULE.—Section 1848(j)(3) of the Social Secu-
1395m(h)(1)(H)) is amended— U.S.C. 1395x(aa)(1)(B)) is amended by insert-
rity Act (42 U.S.C. 1395w–4(j)(3)) is amended
(i) in the header, by inserting ‘‘AND HEAR- ing ‘‘or by a qualified audiologist or a quali-
by inserting ‘‘(2)(JJ),’’ before ‘‘(3)’’.
ING AIDS’’ after ‘‘ORTHOTICS’’; fied hearing aid professional (as such terms (e) COVERAGE OF CONVENTIONAL EYE-
(ii) by inserting ‘‘or of hearing aids de- are defined in subsection (ll)),’’ after ‘‘(as de- GLASSES.—Section 1861(s)(8) of the Social Se-
scribed in paragraph (2)(D) of such section,’’ fined in subsection (hh)(1)),’’. curity Act (42 U.S.C. 1395x(s)(8)), as amended
after ‘‘2011,’’; and (3) TEMPORARY PAYMENT RATES FOR CER- by section 11503(b), is amended by striking ‘‘,
(iii) in clause (i), by inserting ‘‘or such TAIN SERVICES UNDER THE RHC AIR AND FQHC and including one pair of conventional eye-
hearing aids’’ after ‘‘such orthotics’’. PPS.— glasses or contact lenses furnished subse-
(B) CONFORMING AMENDMENTS.— (A) AIR.—Section 1833 of the Social Secu- quent to each cataract surgery with inser-
(i) IN GENERAL.—Section 1847(a)(2) of the rity Act (42 U.S.C. 1395l), as amended by sec- tion of an intraocular lens’’ and inserting ‘‘,
Social Security Act (42 U.S.C. 1395w–3(a)(2)) tion 11502(g), is amended— including one pair of conventional eyeglasses
is amended by adding at the end the fol- (i) in subsection (a)(3)(A), by inserting or contact lenses furnished subsequent to
lowing new subparagraph: ‘‘and audiology services (as defined in sec- each cataract surgery with insertion of an
‘‘(D) HEARING AIDS.—Hearing aids described tion 1861(ll)(3))’’ after ‘‘(as defined in section intraocular lens, if furnished before January
in section 1861(s)(8) for which payment would 1861(lll)’’; and 1, 2023, and including (as described in section
otherwise be made under section 1834(h).’’. (ii) in subsection (e), by inserting ‘‘and 1834(h)(8)) conventional eyeglasses, whether
(ii) EXEMPTION OF CERTAIN ITEMS FROM COM- audiology services (as defined in section or not furnished subsequent to such a sur-
PETITIVE ACQUISITION.—Section 1847(a)(7) of 1861(ll)(3))’’ after ‘‘(as defined in section gery, if furnished on or after January 1,
the Social Security Act (42 U.S.C. 1395w– 1861(lll)’’. 2023’’.
3(a)(7)) is amended by adding at the end the (B) PPS.—Section 1834(o)(5) of the Social (f) SPECIAL PAYMENT RULES FOR EYE-
following new subparagraph: Security Act (42 U.S.C. 1395m(o)), as added GLASSES.—
‘‘(C) CERTAIN HEARING AIDS.—Those items by section 11501(e), is amended— (1) LIMITATIONS.—Section 1834(h) of the So-
and services described in paragraph (2)(D) if (i) in the first sentence, by inserting ‘‘ and cial Security Act (42 U.S.C. 1395m(h)), as
furnished by a physician or other practi- audiology services (as defined in section amended by section 11503(b), is amended by
tioner (as defined by the Secretary) to the 1861(ll)(3))’’ after ‘‘(as defined in section adding at the end the following new para-
physician’s or practitioner’s own patients as 1861(lll))’’; and graph:
part of the physician’s or practitioner’s pro- (ii) in the second sentence, by inserting ‘‘(8) PAYMENT LIMITATIONS FOR EYE-
fessional service.’’. ‘‘and such audiology services’’ after ‘‘such GLASSES.—
(iii) IMPLEMENTATION.—Section 1847(a) of dental and oral health services’’. ‘‘(A) IN GENERAL.—With respect to conven-
(f) IMPLEMENTATION FOR 2023 THROUGH tional eyeglasses furnished to an individual
the Social Security Act (42 U.S.C. 1395w–3(a))
2025.—The Secretary of Health and Human on or after January 1, 2023, subject to sub-
is amended by adding at the end the fol-
Services shall implement the provisions of, paragraph (B), payment shall be made under
lowing new paragraph: and the amendments made by, this section
‘‘(8) COMPETITION WITH RESPECT TO HEARING this part only during a 2-year period, for one
for 2023, 2024, and 2025 by program instruc- pair of eyeglasses (including lenses and the
AIDS.—Not later than January 1, 2029, the
tion or other forms of program guidance. frame).
Secretary shall begin the competition with (g) FUNDING.—In addition to amounts oth-
respect to the items and services described in ‘‘(B) EXCEPTION.—With respect to a 2-year
erwise available, there is appropriated to the
paragraph (2)(D).’’. Secretary of Health and Human Services for period described in subparagraph (A), in the
(4) PHYSICIAN SELF-REFERRAL LAW.—Sec- fiscal year 2022, out of any money in the case of an individual who receives cataract
tion 1877(b) of the Social Security Act (42 Treasury not otherwise appropriated, surgery with insertion of an intraocular lens,
U.S.C. 1395nn(b)) is amended by adding at the $370,000,000, to remain available until ex- payment shall be made under this part for
end the following new paragraph: pended, for purposes of implementing the one pair of conventional eyeglasses furnished
‘‘(6) HEARING AIDS AND SERVICES.—In the amendments made by this section during the subsequent to such cataract surgery during
case of hearing aid examination services and period beginning on January 1, 2023, and end- such period.
hearing aids— ing on September 30, 2032. ‘‘(C) NO COVERAGE OF CERTAIN ITEMS.—Pay-
‘‘(A) furnished on or after January 1, 2024, SEC. 11504. PROVIDING COVERAGE FOR VISION ment shall not be made under this part for
and before January 1, 2026; and CARE UNDER THE MEDICARE PRO- deluxe eyeglasses or conventional reading
‘‘(B) furnished on or after January 1, 2026, GRAM. glasses.’’.
if the financial relationship specified in sub- (a) COVERAGE.—Section 1861(s)(2) of the So- (2) APPLICATION OF COMPETITIVE ACQUISI-
section (a)(2) meets such requirements the cial Security Act (42 U.S.C. 1395x(s)(2)), as TION.—
dlhill on DSK120RN23PROD with SENATE
Secretary imposes by regulation to protect amended by section 11502(a), is amended— (A) IN GENERAL.—Section 1834(h)(1)(H) of
against program or patient abuse.’’. (1) in subparagraph (HH), by striking the Social Security Act (42 U.S.C.
(c) EXCLUSION MODIFICATION.—Section ‘‘and’’ after the semicolon at the end; 1395m(h)(1)(H)), as amended by section
1862(a)(7) of the Social Security Act (42 (2) in subparagraph (II), by striking the pe- 11503(b), is amended—
U.S.C. 1395y(a)(7)) is amended by inserting riod at the end and adding ‘‘; and’’; and (i) in the header, by striking ‘‘AND HEARING
‘‘(except such hearing aids or examinations (3) by adding at the end the following new AIDS’’ and inserting ‘‘HEARING AIDS, AND EYE-
therefor as described in and otherwise al- subparagraph: GLASSES’’
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S4242 CONGRESSIONAL RECORD — SENATE August 6, 2022
(ii) by striking ‘‘or of hearing aids’’ and in- (II) by inserting ‘‘, and vision services (as ‘‘(C) APPLICATION TO PART B PREMIUM AND
serting ‘‘of hearing aids’’; defined in section 1861(mmm))’’ after ‘‘(as de- OTHER PROVISIONS OF THIS PART.—For each of
(iii) by inserting ‘‘or of eyeglasses de- fined in section 1861(ll)(3))’’. 2025 through 2028, the Secretary shall use the
scribed in paragraph (2)(E) of such section,’’ (B) PPS.—Section 1834(o)(5) of the Social alternative monthly actuarial rate for en-
after ‘‘paragraph (2)(D) of such section,’’; and Security Act (42 U.S.C. 1395m(o)), as added rollees age 65 and over for the year deter-
(iv) in clause (i), by striking ‘‘or such hear- by section 11502(g) and amended by section mined under subparagraph (A), in lieu of the
ing aids’’ and inserting ‘‘, such hearing aids, 11503(e), is amended— monthly actuarial rate for such enrollees for
or such eyeglasses’’. (i) in the first sentence— the year determined according to paragraph
(B) CONFORMING AMENDMENT.—Section (I) by striking ‘‘and audiology’’ and insert- (1), when determining the monthly premium
1847(a)(2) of the Social Security Act (42 ing ‘‘, audiology’’; and rate for the year under paragraph (3) and
U.S.C. 1395w–3(a)(2)), as amended by section (II) by inserting ‘‘, and vision services (as subsection (j), the part B deductible under
11503(b), is amended by adding at the end the defined in section 1861(mmm))’’ after ‘‘(as de- section 1833(b), and the premium subsidy and
following new subparagraph: fined in section 1861(ll)(3))’’; and monthly adjustment amount under sub-
‘‘(E) EYEGLASSES.—Eyeglasses described in (ii) in the second sentence, by striking section (i).’’.
section 1861(s)(8) for which payment would ‘‘and such audiology services’’ and inserting Subpart B—Tax Provisions
otherwise be made under section 1834(h).’’. ‘‘, such audiology services, and such vision
(C) IMPLEMENTATION.—Section 1847(a) of SEC. 11511. APPLICATION OF NET INVESTMENT
services’’. INCOME TAX TO TRADE OR BUSI-
the Social Security Act (42 U.S.C. 1395w– (j) EXPEDITING IMPLEMENTATION.—The Sec- NESS INCOME OF CERTAIN HIGH IN-
3(a)), as amended by section 11503(b), is retary shall implement this section for the COME INDIVIDUALS.
amended by adding at the end the following period beginning on January 1, 2023, and end- (a) IN GENERAL.—Section 1411 of the Inter-
new paragraph: ing on December 31, 2024, through program nal Revenue Code of 1986 is amended by add-
‘‘(9) COMPETITION WITH RESPECT TO EYE- instruction or other forms of program guid-
ing at the end the following new subsection:
GLASSES.—Not later than January 1, 2028, the ance.
(k) FUNDING.—In addition to amounts oth- ‘‘(f) APPLICATION TO CERTAIN HIGH INCOME
Secretary shall begin the competition with
erwise available, there is appropriated to the INDIVIDUALS.—
respect to the items and services described in
Secretary of Health and Human Services for ‘‘(1) IN GENERAL.—In the case of any indi-
paragraph (2)(E).’’.
(g) EXCLUSION MODIFICATIONS.—Section fiscal year 2022, out of any money in the vidual whose modified adjusted gross income
1862(a) of the Social Security Act (42 U.S.C. Treasury not otherwise appropriated, for the taxable year exceeds the high income
1395y(a)), as amended by section 11502(e), is $500,000,000, to remain available until ex- threshold amount, subsection (a)(1) shall be
amended— pended, for purposes of implementing the applied by substituting ‘the greater of speci-
(1) in paragraph (1)— amendments made by this section during the fied net income or net investment income’
(A) in subparagraph (P), by striking ‘‘and’’ period beginning on January 1, 2023, and end- for ‘net investment income’ in subparagraph
at the end; ing on September 30, 2031. (A) thereof.
(B) in subparagraph (Q), by striking the SEC. 11505. PHASE-IN OF IMPACT OF DENTAL AND ‘‘(2) PHASE-IN OF INCREASE.—The increase
semicolon at the end and inserting ‘‘, and’’; ORAL HEALTH COVERAGE ON PART in the tax imposed under subsection (a)(1) by
and B PREMIUMS. reason of the application of paragraph (1) of
(C) by adding at the end the following new Section 1839(a) of the Social Security Act this subsection shall not exceed the amount
subparagraph: (42 U.S.C. 1395r(a)) is amended— which bears the same ratio to the amount of
‘‘(R) in the case of vision services (as de- (1) in the second sentence of paragraph (1), such increase (determined without regard to
fined in section 1861(mmm)) that are routine by striking ‘‘and (7)’’ and inserting ‘‘(7), and this paragraph) as—
eye examinations as described in such sec- (8)’’; ‘‘(A) the excess described in paragraph (1),
tion, which are furnished more frequently (2) in paragraph (3), by striking ‘‘The Sec- bears to
than once during a 2-year period;’’; and retary’’ and inserting ‘‘Subject to paragraph ‘‘(B) $100,000 (1⁄2 such amount in the case of
(2) in paragraph (7)— (8)(C), the Secretary’’; and a married taxpayer (as defined in section
(A) by inserting ‘‘(other than such an ex- (3) by adding at the end the following: 7703) filing a separate return).
amination that is a vision service that is ‘‘(8) SPECIAL RULE FOR 2025 THROUGH 2028.— ‘‘(3) HIGH INCOME THRESHOLD AMOUNT.—For
covered under section 1861(s)(2)(JJ))’’ after ‘‘(A) DETERMINATION OF ALTERNATIVE purposes of this subsection, the term ‘high
‘‘eye examinations’’; and MONTHLY ACTUARIAL RATE FOR EACH OF 2025 income threshold amount’ means—
(B) by inserting ‘‘(other than such a proce- THROUGH 2028.—For each of 2025 through 2028, ‘‘(A) except as provided in subparagraph
dure that is a vision service that is covered the Secretary shall, at the same time as and (B) or (C), $400,000,
under section 1861(s)(2)(JJ))’’ after ‘‘refrac- in addition to the determination of the ‘‘(B) in the case of a taxpayer making a
tive state of the eyes’’. monthly actuarial rate for enrollees age 65 joint return under section 6013 or a surviving
(h) INCLUSION AS EXCEPTED MEDICAL and over determined in each of 2024 through spouse (as defined in section 2(a)), $500,000,
TREATMENT.—Section 1821(b)(5)(A)(iii) of the 2027 for the succeeding calendar year accord- and
Social Security Act (42 U.S.C. 1395i– ing to paragraph (1), determine an alter- ‘‘(C) in the case of a married taxpayer (as
5(b)(5)(A)), as added by section 11501(d) and native monthly actuarial rate for enrollees defined in section 7703) filing a separate re-
amended by section 11503(f), is amended— age 65 and over for the year as described in turn, 1⁄2 of the dollar amount determined
(1) by striking ‘‘or dental’’ and inserting subparagraph (B). under subparagraph (B).
‘‘dental’’; and ‘‘(B) ALTERNATIVE MONTHLY ACTUARIAL ‘‘(4) SPECIFIED NET INCOME.—For purposes
(2) by inserting ‘‘, or vision services (as de- RATE DESCRIBED.— of this section, the term ‘specified net in-
fined in subsection (mmm) of such section)’’ ‘‘(i) IN GENERAL.—The alternative monthly come’ means net investment income deter-
after ‘‘(as defined in subsection (lll) of such actuarial rate described in this subparagraph mined—
section)’’. is— ‘‘(A) without regard to the phrase ‘other
(i) RURAL HEALTH CLINICS AND FEDERALLY ‘‘(I) for 2025, the monthly actuarial rate for than such income which is derived in the or-
QUALIFIED HEALTH CENTERS.— enrollees age 65 and over for the year, deter- dinary course of a trade or business not de-
(1) CLARIFYING COVERAGE OF VISION SERV- mined as if the amendments made by section scribed in paragraph (2),’ in subsection
ICES AS PHYSICIANS’ SERVICES.—Section 11502 of the Act titled ‘An Act to provide for (c)(1)(A)(i),
1861(aa)(1)(A) of the Social Security Act (42 reconciliation pursuant to title II of S. Con. ‘‘(B) without regard to the phrase ‘de-
U.S.C. 1395x(aa)(1)(A)), as amended by sec- Res. 14’ did not apply; and scribed in paragraph (2)’ in subsection
tion 11501(e), is amended by inserting ‘‘and ‘‘(II) for 2026, 2027, and 2028, the monthly (c)(1)(A)(ii),
vision services (as defined in subsection actuarial rate for enrollees age 65 and over ‘‘(C) without regard to the phrase ‘other
(mmm))’’ after ‘‘(as defined in subsection for the year, determined as if the amend- than property held in a trade or business not
(ll)(3))’’. ments made by such section 11502 did not described in paragraph (2)’ in subsection
(2) TEMPORARY PAYMENT RATES FOR CER- apply, plus the applicable percent of the (c)(1)(A)(iii),
TAIN SERVICES UNDER THE RHC AIR AND FQHC amount by which— ‘‘(D) without regard to paragraphs (2), (3),
PPS.— ‘‘(aa) the monthly actuarial rate for enroll- and (4) of subsection (c), and
(A) AIR.—Section 1833 of the Social Secu- ees age 65 and over for the year determined ‘‘(E) by treating paragraphs (5) and (6) of
rity Act (42 U.S.C. 1395l), as amended by sec- according to paragraph (1); exceeds section 469(c) (determined without regard to
tions 11502(g) and 11503(e), is amended— ‘‘(bb) the monthly actuarial rate for enroll- the phrase ‘To the extent provided in regula-
(i) in subsection (a)(3)(A)— ees age 65 and over for the year, determined tions,’ in such paragraph (6)) as applying for
(I) by striking ‘‘or audiology’’ and insert- as if the amendments made by such section purposes of subsection (c) of this section.’’.
dlhill on DSK120RN23PROD with SENATE
ing ‘‘, audiology’’; and 11502 did not apply. (b) APPLICATION TO TRUSTS AND ESTATES.—
(II) by inserting ‘‘, or vision services (as de- ‘‘(ii) DEFINITION OF APPLICABLE PERCENT.— Section 1411(a)(2)(A) of the Internal Revenue
fined in section 1861(mmm))’’ after ‘‘(as de- For purposes of this subparagraph, the term Code of 1986 is amended by striking ‘‘undis-
fined in section 1861(ll)(3))’’; and ‘applicable percent’ means— tributed net investment income’’ and insert-
(ii) in subsection (e)— ‘‘(I) for 2026, 25 percent; ing ‘‘the greater of undistributed specified
(I) by striking ‘‘or audiology’’ and insert- ‘‘(II) for 2027, 50 percent; and net income or undistributed net investment
ing ‘‘, audiology’’; and ‘‘(III) for 2028, 75 percent. income’’.
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4243
(c) CLARIFICATIONS WITH RESPECT TO DE- (1) MARRIED INDIVIDUALS FILING JOINT RE- ‘‘(B) 39.6 PERCENT RATE BRACKET THRESH-
TERMINATION OF NET INVESTMENT INCOME.— TURNS AND SURVIVING SPOUSES.—The table OLD.—For purposes of this paragraph, the
(1) CERTAIN EXCEPTIONS.—Section 1411(c)(6) contained in section 1(j)(2)(A) of the Internal term ‘39.6 percent rate bracket threshold’
of the Internal Revenue Code of 1986 is Revenue Code of 1986 is amended by striking means—
amended to read as follows: the last two rows and inserting the fol- ‘‘(i) in the case any taxpayer described in
‘‘(6) SPECIAL RULES.—Net investment in- lowing: ‘‘ subsection (a), $450,000,
come shall not include— ‘‘Over $400,000 but not $91,379, plus 35% of the ‘‘(ii) in the case of any taxpayer described
‘‘(A) any item taken into account in deter- over $450,000. excess over $400,000 in subsection (b), $425,000,
mining self-employment income for such Over $450,000 ................... $108,879, plus 39.6% of the ‘‘(iii) in the case of any taxpayer described
taxable year on which a tax is imposed by excess over $450,000.’’. in subsection (c), $400,000, and
section 1401(b), (2) HEADS OF HOUSEHOLDS.—The table con- ‘‘(iv) in the case of any taxpayer described
‘‘(B) wages received with respect to em- tained in section 1(j)(2)(B) of such Code is in subsection (d), $225,000.
ployment on which a tax is imposed under amended by striking the last two rows and ‘‘(C) INFLATION ADJUSTMENT.—For purposes
section 3101(b) or 3201(a) (including amounts inserting the following: ‘‘ of this paragraph, with respect to taxable
taken into account under section 3121(v)(2)), ‘‘Over $200,000 but not $44,298, plus 35% of the years beginning in calendar years after 2025,
and over $425,000. excess over $200,000 each of the dollar amounts in subparagraph
Over $425,000 ................... $123,048, plus 39.6% of the
‘‘(C) wages received from the performance excess over $425,000.’’. (B) shall be adjusted in the same manner as
of services earned outside the United States (3) UNMARRIED INDIVIDUALS OTHER THAN under paragraph (1)(C)(i), except that sub-
for a foreign employer.’’. SURVIVING SPOUSES AND HEADS OF HOUSE- section (f)(3)(A)(ii) shall be applied by sub-
(2) NET OPERATING LOSSES NOT TAKEN INTO HOLDS.—The table contained in section stituting ‘2022’ for ‘2016’.’’.
ACCOUNT.—Section 1411(c)(1)(B) of such Code (d) CONFORMING AMENDMENTS.—
1(j)(2)(C) of such Code is amended by striking
is amended by inserting ‘‘(other than section the last two rows and inserting the fol- (1) Section 1(j)(1) of the Internal Revenue
172)’’ after ‘‘this subtitle’’. lowing: ‘‘ Code of 1986 is amended by striking ‘‘Decem-
(3) INCLUSION OF CERTAIN FOREIGN INCOME.— ber 31, 2017’’ and inserting ‘‘December 31,
‘‘Over $200,000 but not $45,689.50, plus 35% of the
(A) IN GENERAL.—Section 1411(c)(1)(A) of over $400,000. excess over $200,000 2022’’.
such Code is amended by striking ‘‘and’’ at Over $400,000 ................... $115,689.50, plus 39.6% of (2) The heading of section 1(j) is amended
the end of clause (ii), by striking ‘‘over’’ at the excess over by striking ‘‘2018’’ and inserting ‘‘2023’’.
the end of clause (iii) and inserting ‘‘and’’, $400,000.’’. (3) The heading of section 1(i) is amended
and by adding at the end the following new (4) MARRIED INDIVIDUALS FILING SEPARATE by striking ‘‘RATE REDUCTIONS’’ and insert-
clause: RETURNS.—The table contained in section ing ‘‘MODIFICATIONS’’
‘‘(iv) any amount includible in gross in- 1(j)(2)(D) of such Code is amended by striking (4) Section 15(f) is amended by striking
come under section 951, 951A, 1293, or 1296, the last two rows and inserting the fol- ‘‘rate reductions’’ and inserting ‘‘modifica-
over’’. lowing: ‘‘ tions’’.
(B) PROPER TREATMENT OF CERTAIN PRE- ‘‘Over $200,000 but not $45,689.50, plus 35% of the (e) SECTION 15 NOT TO APPLY.—For rules
VIOUSLY TAXED INCOME.—Section 1411(c) of over $225,000. excess over $200,000 providing that section 15 of the Internal Rev-
such Code is amended by adding at the end Over $225,000 ................... $54,439.50, plus 39.6% of enue Code of 1986 does not apply to the
the excess over
the following new paragraph: amendments made by this section, see sec-
$225,000.’’.
‘‘(7) CERTAIN PREVIOUSLY TAXED INCOME.— tions 1(j)(6) and 15(f) of the Internal Revenue
(5) ESTATES AND TRUSTS.—The table con-
The Secretary shall issue regulations or Code of 1986.
tained in section 1(j)(2)(E) of such Code is
other guidance providing for the treatment (f) EFFECTIVE DATE.—The amendments
amended by striking the last row and insert-
of— made by this section shall apply to taxable
ing the following: ‘‘
‘‘(A) distributions of amounts previously years beginning after December 31, 2022.
‘‘Over $12,500 ................... $3,011.50, plus 39.6% of
included in gross income for purposes of
the excess over
chapter 1 but not previously subject to tax $12,500.’’. SA 5212. Mr. HAGERTY submitted an
under this section, and (b) APPLICATION OF ADJUSTMENTS.—Section amendment intended to be proposed by
‘‘(B) distributions described in section 1(j)(3) of the Internal Revenue Code of 1986 is him to the bill H.R. 5376, to provide for
962(d).’’. amended to read as follows:
(d) DEPOSIT INTO MEDICARE HOSPITAL IN- reconciliation pursuant to title II of S.
‘‘(3) ADJUSTMENTS.—For taxable years be- Con. Res. 14; which was ordered to lie
SURANCE TRUST FUND.—Section 1817(a) of the
ginning after December 31, 2022, the Sec-
Social Security Act (42 U.S.C. 1395i(a)) is
retary shall prescribe tables which shall
on the table; as follows:
amended— Strike section 50171 and insert the fol-
apply in lieu of the tables contained in para-
(1) in paragraph (1), by striking ‘‘and’’ at lowing:
graph (2) in the same manner as under para-
the end;
graphs (1) and (2) of subsection (f) (applied SEC. 50171. DEPARTMENT OF ENERGY OVER-
(2) in paragraph (2), by striking the period SIGHT.
without regard to clauses (i) and (ii) of sub-
at the end and inserting ‘‘; and’’; and
section (f)(2)(A)), except that in prescribing In addition to amounts otherwise avail-
(3) by inserting after paragraph (2) the fol-
such tables— able, there is appropriated to the Secretary
lowing new paragraph:
‘‘(A) except as provided in subparagraph for fiscal year 2022, out of any money in the
‘‘(3) the excess of—
(B), subsection (f)(3) shall be applied by sub- Treasury not otherwise appropriated,
‘‘(A) the taxes imposed by 1411(a) of the In-
stituting ‘calendar year 2017’ for ‘calendar $268,000,000, to remain available through Sep-
ternal Revenue Code of 1986, as reported to
year 2016’ in subparagraph (A)(ii) thereof, tember 30, 2031, for oversight by the Depart-
the Secretary of the Treasury or his delegate
‘‘(B) in the case of adjustments to the dol- ment of Energy Office of Inspector General
pursuant to subtitle F of such Code after De-
lar amounts at which the 39.6 percent rate of Department of Energy activities.
cember 31, 2022, over
bracket begins (other than such dollar
‘‘(B) the taxes which would have been im-
posed under such section after such date, de-
amount in paragraph (2)(E))— SA 5213. Mr. HAGERTY submitted an
‘‘(i) no adjustment shall be made for tax- amendment intended to be proposed by
termined as if the amendments made by sec-
able years beginning after December 31, 2022, him to the bill H.R. 5376, to provide for
tion 11511 of the Act titled ‘An Act to provide
and before January 1, 2024, and
for reconciliation pursuant to title II of S. reconciliation pursuant to title II of S.
‘‘(ii) in the case of any taxable year begin-
Con. Res. 14’) did not apply, as estimated by
ning after December 31, 2023, subsection (f)(3) Con. Res. 14; which was ordered to lie
the Secretary of the Treasury.’’. on the table; as follows:
(e) EFFECTIVE DATE.—The amendments shall be applied by substituting ‘calendar
made by this section shall apply to taxable year 2022’ for ‘calendar year 2016’, On page ll, strike lines lll through
years beginning after December 31, 2022. ‘‘(C) subsection (f)(7)(B) shall apply to any llll and insert the following:
(f) TRANSITION RULE.—The regulations or unmarried individual other than a surviving (3) NO TAX INCREASES ON CERTAIN TAX-
other guidance issued by the Secretary under spouse, and PAYERS.—Nothing in this subsection shall be
section 1411(c)(7) of the Internal Revenue ‘‘(D) subsection (f)(8) shall not apply.’’. applied in a manner that increases taxes on
Code of 1986 (as added by this section) shall (c) MODIFICATION TO 39.6 PERCENT RATE any taxpayer with a taxable income below
include provisions which provide for the BRACKET FOR HIGH-INCOME TAXPAYERS AFTER $400,000.
proper coordination and application of 2025.—Section 1(i)(3) of the Internal Revenue
clauses (i) and (iv) of section 1411(c)(1)(A) Code of 1986 is amended to read as follows: SA 5214. Mr. HAGERTY submitted an
with respect to— ‘‘(3) MODIFICATIONS TO 39.6 PERCENT RATE amendment intended to be proposed by
dlhill on DSK120RN23PROD with SENATE
(1) taxable years beginning on or before De- BRACKET.—In the case of taxable years begin- him to the bill H.R. 5376, to provide for
cember 31, 2022, and ning after December 31, 2025—
reconciliation pursuant to title II of S.
(2) taxable years beginning after such date. ‘‘(A) IN GENERAL.—The rate of tax under
subsections (a), (b), (c), and (d) on a tax- Con. Res. 14; which was ordered to lie
SEC. 11512. INCREASE IN TOP MARGINAL INDI-
VIDUAL INCOME TAX RATE. payer’s taxable income in excess of the 39.6 on the table; as follows:
(a) RE-ESTABLISHMENT OF 39.6 PERCENT percent rate bracket threshold shall be taxed In title VII, strike section 70001 and insert
RATE BRACKET.— at a rate of 39.6 percent. the following:
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S4244 CONGRESSIONAL RECORD — SENATE August 6, 2022
SEC. 70001. FUNDING FOR THE DEPORTATION has, according to a determination issued by SA 5220. Mr. HAGERTY submitted an
AND REMOVAL OF ILLEGAL ALIENS the Secretary of State during the 10-year pe-
WHO HAVE COMMITTED HOMICIDE
amendment intended to be proposed by
riod preceding the date of enactment of the him to the bill H.R. 5376, to provide for
OFFENSES IN THE UNITED STATES.
Inflation Reduction Act of 2022, committed
In addition to amounts otherwise avail- reconciliation pursuant to title II of S.
genocide or crimes against humanity, and
able, there is appropriated to the Secretary ‘‘(ii) the percentage of the value of the ap- Con. Res. 14; which was ordered to lie
of Homeland Security for fiscal year 2022, plicable critical minerals (as so defined) con- on the table; as follows:
out of any money in the Treasury not other- tained in such battery that were— On page 717, strike line 3 and all that fol-
wise appropriated, $300,000,000, to remain ‘‘(I) extracted or processed in any country lows through ‘‘$3,000,000,000’’ on line 10, and
available until expended, for necessary ex- with which the United States has a free insert the following:
penses of U.S. Immigration and Customs En- trade agreement in effect, or SEC. 70002. DRUG INTERDICTION ALONG BOR-
forcement for operations and support for en- ‘‘(II) recycled in North America, DER; UNITED STATES POSTAL SERV-
forcement, detention, and removal oper- is equal to or greater than the applicable ICE CLEAN FLEETS.
ations relating to illegal aliens who have percentage (as certified by the qualified (a) In addition to amounts otherwise avail-
committed homicide offenses in the United manufacturer, in such form or manner as able, there is appropriated to the Secretary
States. prescribed by the Secretary). of Homeland Security for fiscal year 2022,
out of any money in the Treasury not other-
SA 5215. Mr. HAGERTY submitted an wise appropriated, $1,500,000,000, to remain
SA 5218. Mr. HAGERTY submitted an
amendment intended to be proposed by available until expended, for—
amendment intended to be proposed by (1) procurement, construction, and im-
him to the bill H.R. 5376, to provide for
him to the bill H.R. 5376, to provide for provements for technology that has been au-
reconciliation pursuant to title II of S.
reconciliation pursuant to title II of S. thorized by U.S. Customs and Border Protec-
Con. Res. 14; which was ordered to lie
Con. Res. 14; which was ordered to lie tion to detect drug contraband entering the
on the table; as follows:
on the table; as follows: United States at or between ports of entry;
In title VII, strike section 70001 and insert and
In title VII, strike section 70002 and insert
the following: (2) salaries and expenses relating to U.S.
the following:
SEC. 70001. FUNDING FOR THE DEPORTATION Customs and Border Protection’s technology
AND REMOVAL OF ILLEGAL ALIENS SEC. 70002. FUNDING FOR THE DEPORTATION
AND REMOVAL OF ILLEGAL ALIENS for detecting drugs and contraband entering
WHO HAVE COMMITTED FELONY
RAPE OFFENSES IN THE UNITED WHO HAVE COMMITTED FELONY the United States at or between ports of
STATES. CRIMINAL OFFENSES IN THE entry.
UNITED STATES. (b) In addition to amounts otherwise avail-
In addition to amounts otherwise avail-
In addition to amounts otherwise avail- able, there is appropriated to the United
able, there is appropriated to the Secretary
able, there is appropriated to the Secretary States Postal Service for fiscal year 2022, out
of Homeland Security for fiscal year 2022,
of Homeland Security for fiscal year 2022, of any money in the Treasury not otherwise
out of any money in the Treasury not other-
out of any money in the Treasury not other- appropriated, to be deposited in the Postal
wise appropriated, $300,000,000, to remain
wise appropriated, $2,500,000,000, to remain Service Fund established under section 2003
available until expended, for necessary ex-
available until expended, for necessary ex- of title 39, United States Code, $1,500,000,000
penses of U.S. Immigration and Customs En-
forcement for operations and support for en- penses of U.S. Immigration and Customs En-
forcement for operations and support for en- SA 5221. Mr. HAGERTY submitted an
forcement, detention, and removal oper-
forcement, detention, and removal oper- amendment intended to be proposed by
ations relating to illegal aliens who have
committed felony rape offenses in the United ations relating to illegal aliens who have him to the bill H.R. 5376, to provide for
States. committed felony criminal offenses in the reconciliation pursuant to title II of S.
United States. Con. Res. 14; which was ordered to lie
SA 5216. Mr. HAGERTY submitted an on the table; as follows:
amendment intended to be proposed by SA 5219. Mr. HAGERTY submitted an
In title VII, strike section 70006 and insert
him to the bill H.R. 5376, to provide for amendment intended to be proposed by the following:
reconciliation pursuant to title II of S. him to the bill H.R. 5376, to provide for SEC. 70006. FEDERAL EMERGENCY MANAGEMENT
Con. Res. 14; which was ordered to lie reconciliation pursuant to title II of S. AGENCY BUILDING MATERIALS PRO-
Con. Res. 14; which was ordered to lie GRAM.
on the table; as follows: (a) IN GENERAL.—The Administrator of the
on the table; as follows:
In title VII, strike section 70001 and insert Federal Emergency Management Agency
the following: On page 717, strike line 3 and all that fol-
may provide financial assistance in accord-
SEC. 70001. FUNDING FOR THE DEPORTATION lows through ‘‘$3,000,000,000’’ on line 10, and
ance with sections 203(h), 404(a), and 406(b) of
AND REMOVAL OF ILLEGAL ALIENS insert the following:
the Robert T. Stafford Disaster Relief and
WHO HAVE COMMITTED SEXUAL OF- SEC. 70002. DRUG INTERDICTION ALONG BOR- Emergency Assistance Act (42 U.S.C. 5133(h),
FENSES INVOLVING MINORS IN THE DER; IMMIGRATION ENFORCEMENT,
UNITED STATES. DETENTION, AND REMOVAL; UNITED
42 U.S.C. 5170c(a), 42 U.S.C. 5172(b)) for—
STATES POSTAL SERVICE CLEAN (1) costs associated with the construction
In addition to amounts otherwise avail-
FLEETS. of a border wall or barrier between Mexico
able, there is appropriated to the Secretary
(a) In addition to amounts otherwise avail- and the United States; and
of Homeland Security for fiscal year 2022,
able, there is appropriated to the Secretary (2) costs associated with the construction
out of any money in the Treasury not other-
of Homeland Security for fiscal year 2022, or maintenance of detention facilities for il-
wise appropriated, $300,000,000, to remain
out of any money in the Treasury not other- legal aliens awaiting deportation.
available until expended, for necessary ex- (b) SUNSET.—This section shall cease to be
penses of U.S. Immigration and Customs En- wise appropriated, $1,000,000,000, to remain
available until expended, for— effective after September 30, 2026.
forcement for operations and support for en-
forcement, detention, and removal oper- (1) procurement, construction, and im-
SA 5222. Mr. TUBERVILLE sub-
ations relating to illegal aliens who have provements for technology that has been au-
thorized by U.S. Customs and Border Protec- mitted an amendment intended to be
committed sexual offenses involving minors
in the United States. tion to detect drug contraband entering the proposed by him to the bill H.R. 5376,
United States at or between ports of entry; to provide for reconciliation pursuant
SA 5217. Mr. HAGERTY submitted an (2) salaries and expenses relating to U.S. to title II of S. Con. Res. 14; which was
amendment intended to be proposed by Customs and Border Protection’s technology ordered to lie on the table; as follows:
him to the bill H.R. 5376, to provide for for detecting drugs and contraband entering At the end of part 6 of subtitle B of title V,
the United States at or between ports of add the following:
reconciliation pursuant to title II of S. entry; and SEC. 5026ll. SENSE OF THE SENATE ON THE IM-
Con. Res. 14; which was ordered to lie (3) necessary expenses of U.S. Immigration PORTANCE OF THE ENERGY INDE-
on the table; as follows: and Customs Enforcement for operations and PENDENCE OF THE UNITED STATES.
On page 371, strike lines 1 through 16 and support for enforcement, detention, and re- It is the sense of the Senate that—
insert the following: moval operations relating to illegal aliens (1) the United States is stronger when the
‘‘(A) IN GENERAL.—The requirement de- who have committed felony criminal of- United States is energy independent; and
scribed in this subparagraph with respect to fenses in the United States. (2) all applicable Federal agencies should
dlhill on DSK120RN23PROD with SENATE
a vehicle is that, with respect to the battery (b) In addition to amounts otherwise avail- continue to carry out activities with respect
from which the electric motor of such vehi- able, there is appropriated to the United to oil and gas leases, drilling, refining, and
cle draws electricity— States Postal Service for fiscal year 2022, out pipelines in order for the United States to
‘‘(i) none of the applicable critical min- of any money in the Treasury not otherwise become an energy independent nation.
erals (as defined in section 45X(c)(6)) con- appropriated, to be deposited in the Postal
tained in such battery were extracted or Service Fund established under section 2003 SA 5223. Mr. PORTMAN submitted an
processed in any country whose government of title 39, United States Code, $1,500,000,000 amendment intended to be proposed by
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4245
him to the bill H.R. 5376, to provide for him to the bill H.R. 5376, to provide for (i) the implementation of regulatory re-
reconciliation pursuant to title II of S. reconciliation pursuant to title II of S. form initiatives and policies for the agency
Con. Res. 14; which was ordered to lie Con. Res. 14; which was ordered to lie to ensure that the agency effectively carries
out regulatory reforms; and
on the table; as follows: on the table; as follows:
(ii) the termination of programs and ac-
Strike section 70005 and insert the fol- At the end of title VII, add the following: tivities that derive from or implement stat-
lowing: SEC. 70008. REGULATORY REFORM. utes, Executive orders, guidance documents,
SEC. 70005. OFFICE OF MANAGEMENT AND BUDG- policy memoranda, rule interpretations, and
ET OVERSIGHT.
(a) DEFINITIONS.—In this section:
(1) AGENCY.—The term ‘‘agency’’ has the similar documents, or relevant portions
In addition to amounts otherwise avail-
meaning given the term in section 551 of thereof, that have been repealed or re-
able, there are appropriated to the Director
title 5, United States Code. scinded.
of the Office of Management and Budget for
(2) AGENCY RRO.—The term ‘‘agency RRO’’ (2) REGULATORY REFORM TASK FORCES.—
fiscal year 2022, out of any money in the
means the Regulatory Reform Officer of an (A) ESTABLISHMENT OF AGENCY TASK FORCE;
Treasury not otherwise appropriated,
agency designated under subsection (b)(1). MEMBERSHIP.—Except as provided in sub-
$23,000,000, to remain available until Sep-
(3) COSTS.—The term ‘‘costs’’ means oppor- section (e), not later than 60 days after the
tember 30, 2026, for necessary expenses to—
tunity cost to society. date of enactment of this Act, the head of
(1) oversee the implementation of this Act;
(4) COST SAVINGS.—The term ‘‘cost sav- each agency shall appoint and may remove
and
ings’’ means the cost imposed by a regu- members to the regulatory reform task force
(2) track labor, equity, and environmental
latory action that is eliminated by the re- of the agency, which shall be composed of
standards and performance.
peal, replacement, or modification of the the following members:
SEC. 70006. UNIFORM APPLICATION PROCESS
FOR FEDERAL GRANTS.
regulatory action. (i) The agency RRO.
(5) DEREGULATORY ACTION.—The term ‘‘de- (ii) A senior agency official from each rel-
In addition to amounts otherwise avail-
regulatory action’’ means the repeal, re- evant component or office of the agency with
able, there are appropriated to the Director
placement, or modification of an existing significant authority for issuing or repealing
of the Office of Management and Budget for
regulatory action. regulatory actions.
fiscal year 2022, out of any money in the
(6) DIRECTOR.—The term ‘‘Director’’ means (iii) Additional senior agency officials in-
Treasury not otherwise appropriated,
the Director of the Office of Management volved in the development of rulemaking or
$2,000,000, to remain available until Sep-
and Budget. other regulatory action at the agency, as de-
tember 30, 2026, for necessary expenses to de-
(7) INCREMENTAL REGULATORY COST.—The termined by the head of the agency.
velop a uniform application process for Fed-
term ‘‘incremental regulatory cost’’ means (B) CHAIR.—Unless otherwise designated by
eral research grants that requires research-
the difference between the estimated cost of the head of the agency, the agency RRO
ers associated with a proposed project that
issuing a significant regulatory action and shall chair the Task Force of the agency.
may receive a Federal grant to disclose—
the estimated cost saved by issuing any de- (C) JOINT TASK FORCES.—
(1) biographical information;
regulatory action. (i) IN GENERAL.—For the consideration of a
(2) all affiliations, including affiliations
(8) REGULATION; RULE.—The term ‘‘regula- joint rulemaking, the Director may form a
with any foreign military, foreign govern-
tion’’ or ‘‘rule’’ has the meaning given the joint regulatory reform task force composed
ment-related organization, or foreign-funded
term ‘‘rule’’ in section 551 of title 5, United of not less than 1 member from the Task
institution;
States Code. Force of each relevant agency.
(3) all current and pending support, includ-
(9) REGULATORY ACTION.—The term ‘‘regu- (ii) CONSULTATION.—Any joint regulatory
ing support from any foreign institution, for-
latory action’’ means— reform task force formed under this para-
eign government, or foreign laboratory; and
(A) any regulation; and graph shall consult with each relevant Task
(4) all past support received from foreign
(B) any other regulatory guidance, state- Force.
sources.
ment of policy, information collection re- (D) DUTIES.—Each Task Force shall—
SA 5224. Mr. PORTMAN submitted an quest, form, or reporting, recordkeeping, or (i) conduct ongoing evaluations of regula-
disclosure requirements that imposes a bur- tions and other regulatory actions and make
amendment intended to be proposed by
den on the public or governs agency oper- recommendations that are consistent with
him to the bill H.R. 5376, to provide for ations. and that could be implemented in accord-
reconciliation pursuant to title II of S. (10) SIGNIFICANT REGULATORY ACTION.—The ance with applicable law to the head of the
Con. Res. 14; which was ordered to lie term ‘‘significant regulatory action’’ means agency regarding repeal, replacement, or
on the table; as follows: any regulatory action, other than monetary modification of regulations and regulatory
In title VII, strike section 70001 and insert policy proposed or implemented by the actions; and
the following: Board of Governors of the Federal Reserve (ii) to the extent practicable—
SEC. 70001. FUNDING FOR NARCOTIC AND OPIOID System or the Federal Open Market Com- (I) not later than 5 years after the date of
DETECTION. mittee, that is likely to— enactment of this Act, complete a review of
(a) APPROPRIATION.—In addition to (A) have an annual effect on the economy each regulation issued by the agency;
amounts otherwise available, there is appro- of $100,000,000 or more or adversely affect in (II) for each regulation or regulatory ac-
priated to U.S. Customs and Border Protec- a material way the economy, a sector of the tion reviewed and identified for repeal, re-
tion for fiscal year 2022, out of any money in economy, productivity, competition, jobs, placement, or modification, estimate the
the Treasury not otherwise appropriated, the environment, public health or safety, or cost savings of the repeal, replacement, or
$500,000,000, which shall remain available State, local, or Tribal governments or com- modification, as applicable; and
until September 30, 2027, to acquire, deploy, munities; (III) identify regulations that are appro-
operate, and maintain nonintrusive inspec- (B) create a serious inconsistency or other- priate for repeal, replacement, or modifica-
tion capabilities, including chemical screen- wise interfere with an action taken or tion, and prioritize the evaluation of regula-
ing devices, to identify, in an operational en- planned by another agency; tions that—
vironment, synthetic opioids and other nar- (C) materially alter the budgetary impact (aa) eliminate or have eliminated jobs or
cotics at purity levels that are not more of entitlements, grants, user fees, or loan inhibit or have inhibited job creation;
than 10 percent. programs or the rights and obligations of re- (bb) are outdated, unnecessary, or ineffec-
(b) USE OF FUNDS.—Amounts appropriated cipients thereof; or tive;
under subsection (a) may also be used— (D) raise a novel legal or policy issue. (cc) impose costs that exceed benefits;
(1) to train users on the equipment de- (11) STATE.—The term ‘‘State’’ means each (dd) create a serious inconsistency or oth-
scribed in subsection (a); of the several States, the District of Colum- erwise interfere with regulatory reform ini-
(2) to provide directors of ports of entry bia, and each territory or possession of the tiatives and policies;
with an alternate method for identifying United States. (ee) were issued or are maintained in a
narcotics, including synthetic opioids, at (12) TASK FORCE.—The term ‘‘Task Force’’ manner that is inconsistent with the re-
lower purity levels; means the regulatory reform task force of an quirements of section 515 of the Treasury
(3) to test any new chemical screening de- agency described in subsection (b)(2). and General Government Appropriations
vices to understand the abilities and limita- (b) ESTABLISHING REGULATORY REFORM CA- Act, 2001 (44 U.S.C. 3516 note), or the guid-
tions of such devices relating to identifying PACITY.— ance issued pursuant to that section, includ-
narcotics at various purity levels before U.S. (1) REGULATORY REFORM OFFICERS.— ing any rule that relies in whole or in part
Customs and Border Protection commits to (A) IN GENERAL.—Except as provided in on data, information, or methods that are
dlhill on DSK120RN23PROD with SENATE
the acquisition of such devices; and subsection (e), each agency shall designate not publicly available or that are insuffi-
(4) to modify and upgrade ports of entry to an employee or officer of the agency as the ciently transparent to meet the standard for
accommodate capabilities funded under this Regulatory Reform Officer. reproducibility; or
section. (B) DUTIES.—In accordance with applicable (ff) were made pursuant to or to implement
law and in consultation with relevant senior statutes, Executive orders, or other Presi-
SA 5225. Mr. RISCH submitted an agency officials, each agency RRO shall dential directives that have been subse-
amendment intended to be proposed by oversee— quently rescinded or substantially modified.
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S4246 CONGRESSIONAL RECORD — SENATE August 6, 2022
(3) CONSULTATION WITH STAKEHOLDERS.—In and those individuals responsible for devel- an increase, or require a decrease of incre-
performing the tasks under this subsection, oping and issuing agency rules. mental regulatory costs.
each agency RRO and Task Force— (d) REGULATORY PLANNING AND BUDGET.— (B) DEFAULT NET INCREMENTAL REGULATORY
(A) shall seek input and other assistance (1) UNIFIED AGENDA AND ANNUAL REGU- COST.—If the Director does not set a net
from the public and from entities signifi- LATORY PLAN.— amount of incremental regulatory costs al-
cantly affected by regulations, including (A) UNIFIED REGULATORY AGENDA.—During lowed for an agency, the net incremental
State, local, and Tribal governments, small the months of April and October of each regulatory cost allowed shall be zero.
businesses, consumers, non-governmental or- year, the Director shall publish a unified reg- (C) BALANCE ROLLOVER OF INCREMENTAL
ganizations, and trade associations; and ulatory agenda, which shall include— REGULATORY COST ALLOWANCE.—
(B) may— (i) regulatory and deregulatory actions (i) IN GENERAL.—If an agency does not ex-
(i) incorporate specific suggestions from under development or review at agencies; haust all of the incremental regulatory cost
stakeholders in identifying the list of de- (ii) a Federal regulatory plan of all signifi- allowance for a fiscal year, the balance may
regulatory actions to recommend to the head cant regulatory actions and associated de- be added to the incremental regulatory cost
of the agency; and regulatory actions that agencies reasonably allowance for the subsequent fiscal year,
(ii) accept or solicit input from the public expect to issue in proposed or final form in without increasing the incremental regu-
in any manner, if— the current and following fiscal year; and
(I) the process is transparent to the public latory costs allowed for the Federal Govern-
(iii) all information required to be included ment for the subsequent fiscal year.
and Congress;
in the regulatory flexibility agenda under (ii) TOTAL CARRYOVER.—The Director shall
(II) a list of each meeting, a list of each
section 602 of title 5, United States Code. identify the total carryover incremental reg-
stakeholder that submitted a comment, and
(B) AGENCY SUBMISSIONS.—In accordance ulatory cost allowance available to an agen-
a copy of each written comment are made
with guidance issued by the Director and not cy in the Federal Regulatory Budget.
publicly available online; and
less than 60 days before each date of publica- (3) SIGNIFICANT REGULATORY ACTION RE-
(III) the Task Force issues a public notice
tion for the unified regulatory agenda under QUIREMENTS.—Except as otherwise required
of any public meeting to solicit input not
subparagraph (A), the head of each agency by law, a significant regulatory action shall
less than 7 days before the public meeting
shall submit to the Director an agenda of all have no effect unless—
and makes detailed minutes of the meeting
available online not less than 7 days after regulatory actions and deregulatory actions (A) the—
the date of the meeting. under development at the agency, including (i) head of the agency identifies not less
(4) TRANSPARENT REGULATORY REFORM.— the following: than 2 deregulatory actions to offset the
(A) WEBSITE.—To the extent practicable, (i) For each regulatory action and deregu-
costs of the significant regulatory action,
the head of each agency shall publish infor- latory action:
and to the extent feasible, issues those de-
mation about the Task Force of the agency (I) A regulation identifier number.
regulatory actions before or on the same
and other regulatory reform initiatives on (II) A brief summary of the action.
schedule as the significant regulatory ac-
the website of the agency— (III) The legal authority for the action.
tion;
(i) which shall include— (IV) Any legal deadline for the action.
(V) The name and contact information for (ii) incremental costs of the significant
(I) a list of the members of the Task Force regulatory action as offset by any deregula-
of the agency; a knowledgeable agency official.
(VI) Any other information as required by tory action issued before or on the same
(II) a copy of each report issued under this schedule as the significant regulatory action
subsection; and the Director.
(ii) An annual regulatory plan, which shall do not cause the agency to exceed or con-
(III) a link to or copy of each notice of a tribute to the agency exceeding the incre-
meeting or solicitation of public comments include a list of each significant regulatory
action the agency reasonably expects to mental regulatory cost allowance of the
issued by the Task Force of the agency; and
issue in proposed or final form in the current agency for that fiscal year; and
(ii) which may include—
and following fiscal year, including for each (iii) significant regulatory action was in-
(I) an online forum to receive comments
from the public; and significant regulatory action: cluded on the most recent version or update
(II) any other information about the Task (I) A summary, including the following: of the published unified regulatory agenda;
Force or other regulatory reform initiatives (aa) A statement of the regulatory objec- or
at the agency. tives. (B) the issuance of the significant regu-
(B) REPORT.—Not less frequently than (bb) The legal authority for the action. latory action was approved in advance in
twice per year, each agency RRO shall sub- (cc) A statement of the need for the action. writing by the Director and the written ap-
mit to the head of the agency a report on the (dd) The agency’s schedule for the action. proval is publicly available online prior to
activities performed under this section and (II) The estimated cost. the issuance of the significant regulatory ac-
any recommendations resulting from those (III) The estimated benefits. tion.
activities, which shall be posted by the head (IV) Any deregulatory action identified to (4) GUIDANCE BY OMB.—
of the agency on a publicly accessible offset the estimated cost of such significant (A) IN GENERAL.—Not later than 90 days
website and shall include the following: regulatory action and an explanation of how after the date of enactment of this Act, the
(i) A description of any improvement made the agency will continue to achieve regu- Director shall establish and issue guidance
toward implementation of regulatory reform latory objectives if the deregulatory action on how agencies should comply with the re-
initiatives and policies. is taken. quirements of this subsection, which shall
(ii) For each regulation or other regulatory (V) A best approximation of the total cost include the following:
action reviewed by the Task Force, a de- or savings and any cost or savings associated (i) A process for standardizing the meas-
tailed description of the review. with a deregulatory action. urement and estimation of regulatory costs,
(iii) An inventory of each regulation or (VI) An estimate of the economic effects, including cost savings associated with de-
regulatory action the Task Force rec- including any estimate of the net effect that regulatory actions.
ommends the agency consider for repeal, re- such action will have on the number of jobs (ii) Standards for determining what quali-
placement, or modification. in the United States, that was considered in fies as a deregulatory action.
(iv) A list of all activities conducted under drafting the action, or, if such estimate is (iii) Standards for determining the costs of
paragraph (3), a summary of all comments not available, a statement affirming that no existing regulatory actions that are consid-
received, and a hyperlink to copies of each information on the economic effects, includ- ered for repeal, replacement, or modifica-
public comment received. ing the effect on the number of jobs, of the tion.
(c) ACCOUNTABILITY.— action has been considered. (iv) A process for accounting for costs in
(1) INCORPORATION IN PERFORMANCE (iii) Information required under section 602 different fiscal years.
PLANS.— of title 5, United States Code. (v) Methods to oversee the issuance of sig-
(A) IN GENERAL.—Each agency listed in sec- (iv) Information required under any other
nificant regulatory actions offset by cost
tion 901(b)(1) of title 31, United States Code, law to be reported by agencies about signifi-
savings achieved at different times or by dif-
shall incorporate in the annual performance cant regulatory actions, as determined by
ferent agencies.
plan of the agency required under section the Director.
(vi) Emergencies and other circumstances
1115(b) of title 31, United States Code, per- (2) FEDERAL REGULATORY BUDGET.—
that may justify individual waivers of the re-
formance indicators that measure progress (A) ESTABLISHMENT.—In the April unified
quirements of this section.
implementing this section. regulatory agenda described in paragraph (1),
(vii) Standards by which the Director will
(B) OMB GUIDANCE.—The Director shall the Director—
determine whether a regulatory action or a
dlhill on DSK120RN23PROD with SENATE
issue, and update as necessary, guidance re- (i) shall establish the annual Federal Regu-
collection of regulatory actions qualifies as
garding the implementation of this para- latory Budget, which specifies the net
a significant regulatory action.
graph. amount of incremental regulatory costs al-
(2) PERFORMANCE ASSESSMENT.—The head lowed by the Federal Government and at (B) UPDATES TO GUIDANCE.—The Director
of each agency shall consider the progress each agency for the next fiscal year; and shall update the guidance issued pursuant to
implementing this section in assessing the (ii) may set the incremental regulatory this subsection as necessary.
performance of the Task Force of the agency cost allowance to allow an increase, prohibit (e) WAIVER.—
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4247
(1) WAIVER AUTHORITY.—Upon the written to the bill H.R. 5376, to provide for rec- SEC. llll3. MODIFICATIONS TO EDUCATOR EX-
request of the head of an agency, the Direc- PENSE DEDUCTION.
onciliation pursuant to title II of S.
tor may issue a written waiver of the re- (a) IN GENERAL.—Section 62 of the Internal
Con. Res. 14; which was ordered to lie Revenue Code of 1986 is amended—
quirements of subsection (b) if the Director
on the table; as follows: (1) in subsection (a)(2)(D)—
determines that the agency generally issues
very few or no rules. Strike section 50263. (A) in the heading, by adding ‘‘AND OTHER
(2) REVOCATION OF WAIVER.—The Director INSTRUCTIONAL SCHOOL PERSONNEL’’ at the
may revoke at any time a waiver issued SA 5230. Mr. RISCH submitted an end, and
under this subsection. amendment intended to be proposed to (B) in clause (ii)—
(3) PUBLIC AVAILABILITY OF WAIVERS.—The amendment SA 5194 submitted by Mr. (i) by striking ‘‘(other than nonathletic
Director shall maintain a publicly available SCHUMER and intended to be proposed supplies for courses of instruction in health
list of each agency that is operating under a or physical education)’’, and
to the bill H.R. 5376, to provide for rec- (ii) by striking ‘‘in the classroom’’ and in-
waiver issued under this subsection. onciliation pursuant to title II of S.
(4) REQUIREMENT FOR WAIVER.—A waiver serting ‘‘as part of instructional activity’’,
shall not be effective unless the written
Con. Res. 14; which was ordered to lie and
waiver and the written request of the agency on the table; as follows: (2) in subsection (d)(1)(A), by inserting
are publicly available on the website of the Strike section 50262. ‘‘interscholastic sports administrator or
Office of Management and Budget. coach,’’ after ‘‘counselor,’’.
SA 5231. Mr. RISCH submitted an (b) EDUCATOR EXPENSE DEDUCTION TO IN-
SA 5226. Mr. RISCH submitted an CLUDE EARLY CHILDHOOD EDUCATORS.—Sec-
amendment intended to be proposed to
amendment intended to be proposed by tion 62 of the Internal Revenue Code of 1986
amendment SA 5194 submitted by Mr. is amended—
him to the bill H.R. 5376, to provide for SCHUMER and intended to be proposed (1) in subsection (a)(2)(D), by striking ‘‘EL-
reconciliation pursuant to title II of S. to the bill H.R. 5376, to provide for rec- EMENTARY AND SECONDARY’’ in the heading
Con. Res. 14; which was ordered to lie onciliation pursuant to title II of S. and inserting ‘‘EARLY CHILDHOOD, ELEMEN-
on the table; as follows: Con. Res. 14; which was ordered to lie TARY, AND SECONDARY’’;
At the appropriate place, insert the fol- on the table; as follows: (2) in subsection (d)(1)(A), by striking ‘‘kin-
lowing: Strike section 50261. dergarten through grade 12 teacher’’ and in-
SEC. ølll¿. GAO REPORT ON INFLATIONARY IM- serting, ‘‘early childhood or kindergarten
PACT TO MOUNTAIN WEST STATES. SA 5232. Mr. SCOTT of South Caro- through grade 12 teacher, educator’’; and
(a) IN GENERAL.—The Comptroller General (3) in subsection (d)(1)(B), by striking ‘‘ele-
lina submitted an amendment intended mentary education or secondary education’’
of the United States shall—
(1) conduct a review of any inflationary
to be proposed by him to the bill H.R. and inserting ‘‘early childhood education
impact of this Act on taxpayers with an an- 5376, to provide for reconciliation pur- (through pre-kindergarten) or elementary or
nual income of not more than $400,000 in ap- suant to title II of S. Con. Res. 14; secondary education’’.
plicable States for each of fiscal years 2022 which was ordered to lie on the table; (c) INCREASE IN DEDUCTION AMOUNT.—
through 2025; and as follows: (1) IN GENERAL.—Section 62(a)(2)(D) of the
(2) not later than April 1, 2026— Internal Revenue Code of 1986 is amended by
At the end of title I, add the following:
(A) publish a report on such review; and striking ‘‘$250’’ and inserting ‘‘$500’’.
Subtitle ll—Additional Provisions (2) CONFORMING AMENDMENTS.—Section
(B) submit such report to—
(i) the congressional delegation of each ap- SEC. llll1. EXCLUSION FOR INCOME RE- 62(d)(3) of the Internal Revenue Code of 1986
CEIVED UNDER SEXUAL ABUSE is amended—
plicable State; and
AWARDS. (A) by striking ‘‘2015’’ and inserting ‘‘2023’’,
(ii) the governor of each applicable State.
(b) DEFINITION OF APPLICABLE STATE.—For (a) IN GENERAL.—Section 104(a)(2) of the In- (B) by striking ‘‘$250’’ and inserting ‘‘$500’’,
purposes of this section, the term ‘‘applica- ternal Revenue Code of 1986 is amended by and
ble State’’ means Arizona, Colorado, Idaho, inserting ‘‘or on account of sexual abuse’’ (C) by striking ‘‘calendar year 2014’’ and in-
Montana, Nevada, New Mexico, Utah, and after ‘‘physical sickness’’. serting ‘‘calendar year 2022’’.
Wyoming. (b) EFFECTIVE DATE.—The amendment (d) EFFECTIVE DATE.—The amendments
made by this section shall apply to amounts made by this section shall apply to expenses
SA 5227. Mr. RISCH (for himself and received in taxable years beginning after De- incurred in taxable years beginning after De-
Mr. CRAPO) submitted an amendment cember 31, 2022. cember 31, 2022.
SEC. llll2. EXCLUSION FROM FEDERAL IN- SEC. llll4. EXTENSION OF LIMITATION ON DE-
intended to be proposed to amendment COME TAXATION RESTITUTION AND DUCTION FOR STATE AND LOCAL
SA 5194 submitted by Mr. SCHUMER and CIVIL DAMAGES AWARDED UNDER TAXES.
intended to be proposed to the bill H.R. SECTIONS 1593 AND 1595 OF TITLE (a) IN GENERAL.—Section 164(b)(6) of the In-
5376, to provide for reconciliation pur- 18, UNITED STATES CODE. ternal Revenue Code of 1986 is amended—
suant to title II of S. Con. Res. 14; (a) IN GENERAL.—Part III of subchapter B (1) by striking ‘‘January 1, 2026’’ and in-
which was ordered to lie on the table; of chapter 1 of the Internal Revenue Code of serting ‘‘January 1, 2032’’, and
1986, as amended by section 9501(b)(4) of the (2) by striking ‘‘2025’’ in the heading there-
as follows: American Rescue Plan Act of 2021 (Public of and inserting ‘‘2031’’.
On page 718, strike lines 11 through 16, and Law 117–2), is amended by inserting before (b) EFFECTIVE DATE.—The amendments
insert ‘‘oversight of the distribution and use section 140 the following new section: made by this section shall apply to taxable
of funds appropriated under this Act.’’. ‘‘SEC. 139J. CERTAIN AMOUNT RECEIVED AS RES- years beginning after December 31, 2022.
TITUTION OR CIVIL DAMAGES AS
SA 5228. Mr. RISCH submitted an RECOMPENSE FOR TRAFFICKING IN SA 5233. Mr. SCOTT of South Caro-
amendment intended to be proposed to PERSONS. lina submitted an amendment intended
amendment SA 5194 submitted by Mr. ‘‘Gross income shall not include any civil to be proposed by him to the bill H.R.
SCHUMER and intended to be proposed damages, restitution, or other monetary 5376, to provide for reconciliation pur-
to the bill H.R. 5376, to provide for rec- award (including compensatory or statutory suant to title II of S. Con. Res. 14;
damages and restitution imposed in a crimi-
onciliation pursuant to title II of S. which was ordered to lie on the table;
nal matter) awarded—
Con. Res. 14; which was ordered to lie ‘‘(1) pursuant to an order of restitution as follows:
on the table; as follows: under section 1593 of title 18, United States Section 10301(a)(1)(A)(i)(II) is amended by
At the end of part 1 of subtitle A of title V, Code, or inserting ‘‘, and provided further that a por-
add the following: ‘‘(2) in an action under section 1595 of title tion of such funds shall be used to create and
SEC. 50112. PERMITTED AND APPROVED ENERGY 18, United States Code.’’. implement a plan to eliminate racial, polit-
PROJECTS. (b) CONFORMING AMENDMENT.—The table of ical, regional, and socioeconomic discrep-
Notwithstanding any other provision of sections for part III of subchapter B of chap- ancies in the audit rates not later than 90
this Act, no funds provided under this Act or ter 1 of the Internal Revenue Code of 1986 is days from the date of enactment of this Act’’
an amendment made by this Act shall be amended by inserting before the item relat- before the period at the end.
used to block, delay, or restrict an energy ing to section 140 the following new item:
SA 5234. Mr. SCOTT of South Caro-
dlhill on DSK120RN23PROD with SENATE
project that is permitted and approved as of ‘‘Sec. 139J. Certain amount received as res-
the date of enactment of this Act. lina submitted an amendment intended
titution or civil damages as
to be proposed by him to the bill H.R.
recompense for trafficking in
SA 5229. Mr. RISCH submitted an persons.’’. 5376, to provide for reconciliation pur-
amendment intended to be proposed to (c) EFFECTIVE DATE.—The amendments suant to title II of S. Con. Res. 14;
amendment SA 5194 submitted by Mr. made by this section shall apply to taxable which was ordered to lie on the table;
SCHUMER and intended to be proposed years beginning after December 31, 2022. as follows:
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S4248 CONGRESSIONAL RECORD — SENATE August 6, 2022
On page 370, strike line 6 and insert the fol- ‘‘(f) DENIAL OF DEDUCTION FOR CONTRIBU- SEC. 70008. PROTECTING THE RIGHT TO KEEP
lowing: TIONS TO ORGANIZATIONS WHICH PERFORM, AND BEAR ARMS.
(G) and (H) of paragraph (1). PROVIDE FACILITIES TO PERFORM, PROVIDE (a) LIMITATION ON DECLARATIONS BY PRESI-
‘‘(7) INFORMATION SUBMITTED BY QUALIFIED TRAVEL FOR THE PROVISION OF, OR FINANCE DENT.—The President (or any designee there-
MANUFACTURERS.—For purposes of paragraph ABORTIONS.—No deduction shall be allowed of) shall not, for the purpose of confiscating
(3), the Secretary may not require the re- under this section for a gift to or for the use firearms or ammunition magazines, or pro-
ports described in such paragraph to include of any organization which does not meet the hibiting or otherwise regulating the posses-
any information that could only be provided requirements of section 501(s).’’. sion, manufacture, sale, or transfer of fire-
by a manufacturer operating under a collec- (c) EFFECTIVE DATES.— arms or ammunition magazines, declare an
tive bargaining agreement.’’. (1) IN GENERAL.—Except as provided in emergency pursuant to the National Emer-
paragraph (2), the amendments made by this gencies Act (50 U.S.C. 1601 et seq.) or an
SA 5235. Mr. MARSHALL submitted section shall apply to abortions performed in emergency or major disaster pursuant to the
an amendment intended to be proposed taxable years beginning after the date of the Robert T. Stafford Disaster Relief and Emer-
to amendment SA 5194 submitted by enactment of this Act. gency Assistance Act (42 U.S.C. 5121 et seq.).
(b) FIREARMS POLICIES.—Section 706 of the
Mr. SCHUMER and intended to be pro- (2) ESTATE TAX.—The amendments made by
Robert T. Stafford Disaster Relief and Emer-
posed to the bill H.R. 5376, to provide subsection (b)(2) shall apply to estates of de- gency Assistance Act (42 U.S.C. 5207) is
for reconciliation pursuant to title II cedents dying, and transfers, after the date amended—
of S. Con. Res. 14; which was ordered to of the enactment of this act. (1) in subsection (a)—
lie on the table; as follows: (A) in paragraph (3), by striking ‘‘; or’’ and
SA 5237. Mr. BRAUN submitted an inserting a semicolon;
Strike section 30001 of the amendment.
amendment intended to be proposed to (B) in paragraph (4), by striking the period
SA 5236. Mr. BRAUN submitted an amendment SA 5194 submitted by Mr. and inserting a semicolon; and
amendment intended to be proposed to SCHUMER and intended to be proposed (C) by adding at the end the following:
amendment SA 5194 submitted by Mr. to the bill H.R. 5376, to provide for rec- ‘‘(5) prohibit the manufacturing, sale, or
onciliation pursuant to title II of S. transfer of firearms; or
SCHUMER and intended to be proposed ‘‘(6) prohibit the manufacturing, sale, or
to the bill H.R. 5376, to provide for rec- Con. Res. 14; which was ordered to lie transfer of ammunition.’’; and
onciliation pursuant to title II of S. on the table; as follows: (2) in subsection (c), by adding at the end
Con. Res. 14; which was ordered to lie Strike section 60501. the following:
on the table; as follows: ‘‘(4) AWARD.—Any prevailing party in an
At the appropriate place, insert the fol- SA 5238. Mr. BRAUN submitted an action under this section shall be awarded
lowing: amendment intended to be proposed to not less than $5,000,000, adjusted for infla-
SEC. lllll. DENIAL OF TAX BENEFITS FOR amendment SA 5194 submitted by Mr. tion.’’.
ORGANIZATIONS THAT PERFORM OR
FINANCE ABORTIONS.
SCHUMER and intended to be proposed SA 5240. Mr. BRAUN submitted an
(a) IN GENERAL.—Section 501 of the Inter- to the bill H.R. 5376, to provide for rec- amendment intended to be proposed by
nal Revenue Code of 1986 is amended by add- onciliation pursuant to title II of S. him to the bill H.R. 5376, to provide for
ing at the end the following new subsection: Con. Res. 14; which was ordered to lie reconciliation pursuant to title II of S.
‘‘(s) PROHIBITION ON PERFORMING OR FI- on the table; as follows: Con. Res. 14; which was ordered to lie
NANCING ABORTION.—
Beginning on page 692, strike line 1, and all on the table; as follows:
‘‘(1) IN GENERAL.—Any organization exempt
that follows through page 693, line 4, and in- At the end of section 10301, add the fol-
from taxation under subsection (a) shall not
sert the following: lowing:
perform, provide facilities to perform, pro-
‘‘(1) $17,000,000 for education, technical as- (c) ADDITIONAL PERSONNEL FLEXIBILITY.—
vide travel for the provision of, or finance
sistance, and partnerships within low-income The Secretary of the Treasury (or the Sec-
abortions except where the life of the mother
and disadvantaged communities with respect retary’s delegate) shall use the funds made
would be endangered.
to reductions in greenhouse gas emissions available under subsection (a)(1)(A), subject
‘‘(2) EXCEPTION.—Paragraph (1) shall not
that result from domestic electricity genera- to such policies as the Secretary (or the Sec-
apply to a hospital organization to which
tion and use; retary’s delegate) may establish, to ensure
subsection (r) applies.
‘‘(2) $17,000,000 for industry-related out- the effective administration of the Internal
‘‘(3) ABORTION.—For purposes of this sub-
reach and technical assistance, including Revenue Code of 1986 by suspending the
section, the term ‘abortion’ means the use or
through partnerships, with respect to reduc- granting of official time to employees of the
prescription of any instrument, medicine,
tions in greenhouse gas emissions that result Internal Revenue Service during the periods
drug, or any other substance or device—
from domestic electricity generation and during each of fiscal years 2022 through
‘‘(A) to intentionally kill the unborn child
use; 2031—
of a woman known to be pregnant, or
‘‘(3) $17,000,000 for outreach and technical (1) beginning on February 12 and ending on
‘‘(B) to intentionally terminate the preg-
assistance to State, Tribal, and local govern- May 5; and
nancy of a woman known to be pregnant,
ments, including through partnerships, with (2) beginning on September 1 and ending on
with an intention other than—
respect to reductions in greenhouse gas November 1.
‘‘(i) after viability, to produce a live birth
emissions that result from domestic elec-
and preserve the life and health of the child SA 5241. Mr. BRAUN submitted an
tricity generation and use;
born alive, or
‘‘(4) $1,000,000 to assess, not later than 1 amendment intended to be proposed to
‘‘(ii) to remove a dead unborn child.’’.
year after the date of enactment of this sec- amendment SA 5194 submitted by Mr.
(b) DENIAL OF ELIGIBILITY FOR CHARITABLE
tion, the reductions in greenhouse gas emis- SCHUMER and intended to be proposed
CONTRIBUTIONS.—
sions that result from changes in domestic to the bill H.R. 5376, to provide for rec-
(1) INCOME TAX.—Subsection (c) of section
electricity generation and use that are an-
170 of the Internal Revenue Code of 1986 is onciliation pursuant to title II of S.
ticipated to occur on an annual basis
amended by adding at the end the following: Con. Res. 14; which was ordered to lie
through fiscal year 2031; and
‘‘For purposes of this section, such term does on the table; as follows:
‘‘(5) $18,000,000 to carry out this section to
not include a contribution or gift to or for Beginning on page 692, strike line 19 and
ensure that reductions in greenhouse gas
the use of any organization which does not all that follows through page 693, line 4, and
emissions from domestic electricity genera-
meet the requirements of section 501(s).’’. insert the following:
tion and use are achieved through use of the
(2) ESTATE TAX.—Section 2055 of such Code domestic electricity generation and use; and
authorities of this Act, including through
is amended by redesignating subsection (g)
the establishment of requirements under this ‘‘(5) $1,000,000 to assess, not later than 1
as subsection (h) and by inserting after sub-
Act, incorporating the assessment under year after the date of enactment of this sec-
section (f) the following new subsection:
paragraph (4) as a baseline. tion, the reductions in greenhouse gas emis-
‘‘(g) DENIAL OF DEDUCTION FOR CONTRIBU-
sions that result from changes in domestic
TIONS TO ORGANIZATIONS WHICH PERFORM,
SA 5239. Mr. BRAUN submitted an electricity generation and use that are an-
PROVIDE FACILITIES TO PERFORM, PROVIDE
amendment intended to be proposed to ticipated to occur on an annual basis
TRAVEL FOR THE PROVISION OF, OR FINANCE
through fiscal year 2031.
ABORTIONS.—No deduction shall be allowed amendment SA 5194 submitted by Mr.
dlhill on DSK120RN23PROD with SENATE
under this section for a transfer to or for the SCHUMER and intended to be proposed SA 5242. Mr. BRAUN submitted an
use of any organization which does not meet to the bill H.R. 5376, to provide for rec- amendment intended to be proposed by
the requirements of section 501(s).’’. onciliation pursuant to title II of S.
(3) GIFT TAX.—Section 2522 of such Code is him to the bill H.R. 5376, to provide for
amended by redesignating subsection (f) as
Con. Res. 14; which was ordered to lie reconciliation pursuant to title II of S.
subsection (g) and by inserting after sub- on the table; as follows: Con. Res. 14; which was ordered to lie
section (e) the following new subsection: At the end of title VII, add the following: on the table; as follows:
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4249
On page 259, after line 20, insert the fol- amendment SA 5194 submitted by Mr. amendment SA 5194 submitted by Mr.
lowing: SCHUMER and intended to be proposed SCHUMER and intended to be proposed
‘‘(iii) REGISTERED APPRENTICESHIP PRO- to the bill H.R. 5376, to provide for rec- to the bill H.R. 5376, to provide for rec-
GRAM.—The term ‘registered apprenticeship
program’ shall include any industry-recog-
onciliation pursuant to title II of S. onciliation pursuant to title II of S.
nized apprenticeship program under the Act Con. Res. 14; which was ordered to lie Con. Res. 14; which was ordered to lie
of August 16, 1937 that meets the standards on the table; as follows: on the table; as follows:
of subpart B of part 29 of title 29, Code of At the end of title VII, add the following: In section 60105, strike subsection (e) and
Federal Regulations, as in effect on the day SEC. 70008. SALE OF ADVERTISEMENTS BY insert the following:
before the date of enactment of this Act. UNITED STATES POSTAL SERVICE
(e) METHANE MONITORING.—
ON DELIVERY VEHICLES.
(1) IN GENERAL.—In addition to amounts
SA 5243. Mr. MARSHALL submitted The United States Postal Service shall
otherwise available, there is appropriated to
an amendment intended to be proposed raise revenue by selling non-political adver-
the Administrator of the Environmental
to amendment SA 5194 submitted by tisement space on delivery vehicles pur-
Protection Agency for fiscal year 2022, out of
Mr. SCHUMER and intended to be pro- chased using amounts appropriated under
any money in the Treasury not otherwise ap-
posed to the bill H.R. 5376, to provide section 70002.
propriated, $20,000,000, to remain available
for reconciliation pursuant to title II until September 30, 2031, for grants and other
SA 5247. Ms. ERNST submitted an activities authorized under subsections (a)
of S. Con. Res. 14; which was ordered to
amendment intended to be proposed to through (c) of section 103 and section 105 of
lie on the table; as follows:
amendment SA 5194 submitted by Mr. the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405)
At the end of title VI, add the following:
SCHUMER and intended to be proposed for monitoring emissions of methane.
Subtitle F—Other Matters
to the bill H.R. 5376, to provide for rec- (2) PROHIBITION.—Amounts made available
SEC. 60601. UNITED NATIONS SUSTAINABLE DE- under paragraph (1) may not be used to mon-
VELOPMENT GOALS.
onciliation pursuant to title II of S.
Con. Res. 14; which was ordered to lie itor emissions of methane from livestock.
The United Nations Sustainable Develop-
ment Goals shall not be used in developing on the table; as follows:
or administering any program funded or es- In section 21001(a)(1)(B), strike clause (ii) SA 5252. Mr. THUNE submitted an
tablished by this title or the amendments and insert the following: amendment intended to be proposed to
made by this title. (ii) section 1240H(c)(2) of the Food Security amendment SA 5194 submitted by Mr.
Act of 1985 (16 U.S.C. 3839aa–8(c)(2)) shall be SCHUMER and intended to be proposed
SA 5244. Mr. MARSHALL submitted applied by substituting ‘‘$50,000,000’’ for to the bill H.R. 5376, to provide for rec-
an amendment intended to be proposed ‘‘$25,000,000’’; onciliation pursuant to title II of S.
to amendment SA 5194 submitted by
SA 5248. Mr. THUNE submitted an Con. Res. 14; which was ordered to lie
Mr. SCHUMER and intended to be pro-
amendment intended to be proposed to on the table; as follows:
posed to the bill H.R. 5376, to provide
At the appropriate place, insert the fol-
for reconciliation pursuant to title II amendment SA 5194 submitted by Mr.
lowing:
of S. Con. Res. 14; which was ordered to SCHUMER and intended to be proposed
lie on the table; as follows: to the bill H.R. 5376, to provide for rec- SEC. lllll. MODIFICATION OF DEFINITION
OF QUALIFIED HEALTH PLAN.
At the end of title II, add the following: onciliation pursuant to title II of S.
Subtitle E—Other Matters Con. Res. 14; which was ordered to lie (a) IN GENERAL.—Section 36B(c)(3)(A) of
on the table; as follows: the Internal Revenue Code of 1986 is amended
SEC. 24001. UNITED NATIONS SUSTAINABLE DE-
VELOPMENT GOALS.
by inserting before the period at the end the
Strike section 60501. following: ‘‘or a plan that includes coverage
The United Nations Sustainable Develop-
ment Goals shall not be used in developing for abortions (other than any abortion nec-
SA 5249. Mr. THUNE submitted an essary to save the life of the mother or any
or administering any program funded or es- amendment intended to be proposed to
tablished by this title or the amendments abortion with respect to a pregnancy that is
amendment SA 5194 submitted by Mr. the result of an act of rape or incest)’’.
made by this title.
SCHUMER and intended to be proposed (b) EFFECTIVE DATE.—The amendment
SA 5245. Ms. ERNST submitted an to the bill H.R. 5376, to provide for rec- made by this section shall apply to taxable
amendment intended to be proposed to onciliation pursuant to title II of S. years beginning after December 31, 2022.
amendment SA 5194 submitted by Mr. Con. Res. 14; which was ordered to lie
SCHUMER and intended to be proposed on the table; as follows: SA 5253. Mr. THUNE submitted an
to the bill H.R. 5376, to provide for rec- At the end of part 4 of subtitle D of title I, amendment intended to be proposed to
onciliation pursuant to title II of S; insert the following: amendment SA 5194 submitted by Mr.
which was ordered to lie on the table; SEC. 1340l. COORDINATION OF ELECTRIC VEHI- SCHUMER and intended to be proposed
as follows: CLE CREDITS WITH OTHER SUB- to the bill H.R. 5376, to provide for rec-
SIDIES.
At the end of part 7 of subtitle A of title V onciliation pursuant to title II of S.
(a) IN GENERAL.—Section 30D(d)(3), as
of the amendment, add the following: Con. Res. 14; which was ordered to lie
amended by this Act, is amended by adding
SEC. 50174. NUCLEAR WASTE MANAGEMENT AT on the table; as follows:
HANFORD SITE.
at the end the following new sentence: ‘‘Such
term shall not include any person who has Strike section 60506 and insert the fol-
Section 3116 of the Ronald W. Reagan Na-
tional Defense Authorization Act for Fiscal received a loan under section 136(d) of the lowing:
Year 2005 (Public Law 108–375; 50 U.S.C. 2602 Energy Independence and Security Act of SEC. 60506. COMMERCIAL MOTOR VEHICLE PARK-
note) is amended— 2007 or a grant under section 50143 of the Act ING CAPACITY.
(1) in subsection (d), by adding at the end titled ‘An Act to provide for reconciliation
pursuant to title II of S. Con. Res. 14’ for the In addition to amounts otherwise avail-
the following paragraph: able, there is appropriated for fiscal year
‘‘(3) The State of Washington.’’; taxable year in which the new clean vehicle
is placed in service or any prior taxable 2022, out of any money in the Treasury not
(2) in subsection (e)(2), by striking ‘‘the otherwise appropriated, $1,000,000,000, to re-
State of Washington, the State of Oregon’’ year.’’.
(b) EFFECTIVE DATE.—The amendment main available until September 30, 2026, to
and inserting ‘‘the State of Oregon’’; and the Secretary of Transportation for grants
made by this section shall apply to taxable
(3) by adding at the end the following sub- under section 1401 of MAP–21 (23 U.S.C. 137
years beginning after December 31, 2022.
section: note; Public Law 112–141), other than grants
‘‘(g) WASTE MANAGEMENT AT HANFORD for projects under subsection (b)(2)(D) of that
SITE.—If the Secretary, in consultation with SA 5250. Mr. THUNE submitted an
section.
the Commission, classifies any residual ra- amendment intended to be proposed to
dioactive waste in a tank at the Hanford amendment SA 5194 submitted by Mr.
Site, Richland, Washington, as other than SCHUMER and intended to be proposed SA 5254. Mr. INHOFE submitted an
high-level waste under this section, the Sec- to the bill H.R. 5376, to provide for rec- amendment intended to be proposed to
retary— onciliation pursuant to title II of S. amendment SA 5194 submitted by Mr.
dlhill on DSK120RN23PROD with SENATE
‘‘(1) may not remove such tank; and
Con. Res. 14; which was ordered to lie SCHUMER and intended to be proposed
‘‘(2) shall treat such waste with grout or to the bill H.R. 5376, to provide for rec-
another immobilizing substance, as the Sec- on the table; as follows:
onciliation pursuant to title II of S.
retary determines appropriate.’’. Strike part 3 of subtitle A of title I.
Con. Res. 14; which was ordered to lie
SA 5246. Ms. ERNST submitted an SA 5251. Mr. THUNE submitted an on the table; as follows:
amendment intended to be proposed to amendment intended to be proposed to At the end of title I, add the following:
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S4250 CONGRESSIONAL RECORD — SENATE August 6, 2022
Subtitle l—Other Provisions SEC. 10l01. EXTENSION OF DEDUCTION FOR At the end of part 1 of subtitle A of title I,
QUALIFIED BUSINESS INCOME. add the following:
SEC. 1l001. PERMANENT EXTENSION OF DEPRE-
CIATION RULES FOR PROPERTY ON (a) IN GENERAL.—Section 199A(i) of the In- SEC. 10002. APPLICATION OF EXPENSING AND RE-
INDIAN RESERVATIONS. ternal Revenue Code of 1986 is amended by SEARCH TAX INCENTIVES TO COR-
(a) IN GENERAL.—Subsection (j) of section striking ‘‘2025’’ and inserting ‘‘2030’’. PORATE MINIMUM TAX.
168 of the Internal Revenue Code of 1986 is (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 56A(c), as added
amended by striking paragraph (9). made by this section shall apply to taxable by section 10001, is amended by adding at the
(b) EFFECTIVE DATE.—The amendment years beginning after December 31, 2022. end the following new paragraph:
made by this section shall apply to property ‘‘(14) TREATMENT OF CERTAIN EXPENSING
placed in service after December 31, 2021. SA 5258. Mr. DAINES submitted an AND AMORTIZATION EXPENDITURES.—Adjusted
amendment intended to be proposed to financial statement income shall be appro-
SA 5255. Mr. DAINES submitted an amendment SA 5194 submitted by Mr. priately adjusted to only take into account
amendment intended to be proposed to SCHUMER and intended to be proposed amounts equivalent to deductions that
amendment SA 5194 submitted by Mr. to the bill H.R. 5376, to provide for rec- would be allowable under section 168(k) and
SCHUMER and intended to be proposed onciliation pursuant to title II of S. 174.’’.
to the bill H.R. 5376, to provide for rec- Con. Res. 14; which was ordered to lie (b) EFFECTIVE DATE.—The amendment
onciliation pursuant to title II of S. made by this section shall apply to taxable
on the table; as follows: years beginning after December 31, 2022.
Con. Res. 14; which was ordered to lie At the end of subtitle A of title I, add the
on the table; as follows: following: SA 5262. Mr. WARNOCK (for himself,
At the end of part 9 of subtitle D of title I, PART l—OTHER PROVISIONS
add the following: Ms. BALDWIN, and Mr. OSSOFF) sub-
SEC. 10ll01. PERMANENT EXTENSION OF LIMI- mitted an amendment intended to be
SECTION llll. EXTENSION OF REFINED COAL TATION ON DEDUCTION FOR STATE
PRODUCTION TAX CREDIT. AND LOCAL, ETC., TAXES.
proposed by him to the bill H.R. 5376,
(a) IN GENERAL.—Section 45(e)(8) is amend- (a) IN GENERAL.—Paragraph (6) of section to provide for reconciliation pursuant
ed— 164(b) of the Internal Revenue Code of 1986 is to title II of S. Con. Res. 14; as follows:
(1) in subparagraph (A), by striking ‘‘10- amended— At the appropriate place, insert the fol-
year period’’ each place it appears and in- (1) by striking ‘‘, and before January 1, lowing:
serting ‘‘14-year period’’, and 2026’’, and
(2) in subparagraph (D)(ii)(II), by striking Subtitle ll—Addressing the Medicaid
(2) by striking ‘‘TAXABLE YEARS 2018 Coverage Gap
‘‘10-year period’’ and inserting ‘‘14-year pe- THROUGH 2025’’ in the heading.
riod’’. (b) EFFECTIVE DATE.—The amendments SEC. lll. ENSURING AFFORDABILITY OF COV-
(b) EFFECTIVE DATE.—The amendments ERAGE FOR CERTAIN LOW-INCOME
made by this section shall apply to taxable POPULATIONS.
made by this section shall apply to coal pro- years beginning after December 31, 2022.
duced and sold after December 31, 2018. (a) REDUCING COST SHARING UNDER QUALI-
SEC. 10l02. ELIMINATION OF ADDITIONAL IRS
FIED HEALTH PLANS.—Section 1402 of the Pa-
FUNDING FOR ENFORCEMENT.
SA 5256. Mr. DAINES submitted an Section 10301(a)(1)(A)(i) of this Act is
tient Protection and Affordable Care Act (42
amendment intended to be proposed to U.S.C. 18071) is amended—
amended by striking subclause (II).
amendment SA 5194 submitted by Mr. (1) in subsection (b)—
SCHUMER and intended to be proposed SA 5259. Ms. ERNST submitted an (A) in paragraph (2), by inserting ‘‘(or, with
respect to plan years 2024 and 2025, whose
to the bill H.R. 5376, to provide for rec- amendment intended to be proposed to
household income does not exceed 400 per-
onciliation pursuant to title II of S. amendment SA 5194 submitted by Mr. cent of the poverty line for a family of the
Con. Res. 14; which was ordered to lie SCHUMER and intended to be proposed size involved)’’ before the period; and
on the table; as follows: to the bill H.R. 5376, to provide for rec- (B) in the matter following paragraph (2),
At the end of subtitle A of title I, add the onciliation pursuant to title II of S. by adding at the end the following new sen-
following: Con. Res. 14; which was ordered to lie tence: ‘‘In the case of an individual who is
PART l—EXTENSION OF LIMITATION ON on the table; as follows: determined at any point to have a household
STATE AND LOCAL TAX DEDUCTION At the end of section 10301(a), add the fol- income for 2022 or 2023 that does not exceed
SEC. 10ll01. PERMANENT EXTENSION OF LIMI- lowing: 138 percent of the poverty line for a family of
TATION ON DEDUCTION FOR STATE (4) REPORT ON DELINQUENT TAX DEBT OF the size involved, such individual shall, for
AND LOCAL, ETC., TAXES. FEDERAL EMPLOYEES.—Not later than April 15
each month during the year for which such
(a) IN GENERAL.—Paragraph (6) of section of each year, the Commissioner of Internal determination is made, be treated as having
164(b) of the Internal Revenue Code of 1986 is Revenue shall submit to Congress report de- a household income equal to 100 percent of
amended— tailing the number of Federal employees de- the poverty line for purposes of applying this
(1) by striking ‘‘, and before January 1, linquent on Federal taxes and the total section.’’; and
2026’’, and amount owed, along with a breakdown of (2) in subsection (c)—
(2) by striking ‘‘TAXABLE YEARS 2018 that information by agency, department, and (A) in paragraph (1)(A), in the matter pre-
THROUGH 2025’’ in the heading. branch of the Federal government. ceding clause (i), by inserting ‘‘, with respect
(b) EFFECTIVE DATE.—The amendments to eligible insureds (other than, with respect
made by this section shall apply to taxable SA 5260. Ms. ERNST submitted an to plan years 2024 and 2025, specified enroll-
years beginning after December 31, 2022. ees (as defined in paragraph (6)(C))),’’ after
amendment intended to be proposed by
‘‘first be achieved’’;
SA 5257. Mr. DAINES submitted an her to the bill H.R. 5376, to provide for (B) in paragraph (2), in the matter pre-
amendment intended to be proposed to reconciliation pursuant to title II of S. ceding subparagraph (A), by inserting ‘‘with
amendment SA 5194 submitted by Mr. Con. Res. 14; which was ordered to lie respect to eligible insureds (other than, with
SCHUMER and intended to be proposed on the table; as follows: respect to plan years 2024 and 2025, specified
to the bill H.R. 5376, to provide for rec- At the end of part 3 of subtitle A of title I, enrollees)’’ after ‘‘under the plan’’;
add the following: (C) in paragraph (3)—
onciliation pursuant to title II of S. (i) in subparagraph (A), by striking ‘‘this
SEC. llll. DELINQUENT TAX COLLECTION.
Con. Res. 14; which was ordered to lie subsection’’ and inserting ‘‘paragraph (1) or
This Commissioner of Internal Revenue, in
on the table; as follows: consultation with Director of the Office of (2)’’; and
At the end of subtitle A of title I, add the Management and Budget, shall establish a (ii) in subparagraph (B), by striking ‘‘this
following: repayment plan for the purpose of improving section’’ and inserting ‘‘paragraphs (1) and
PART l—OTHER PROVISIONS compliance by Federal employees with tax (2)’’; and
SEC. 10ll01. PERMANENT EXTENSION OF LIMI- obligations. Such plan shall provide for gar- (D) by adding at the end the following new
TATION ON DEDUCTION FOR STATE nishing the wages of Federal employees with paragraph:
AND LOCAL, ETC., TAXES. delinquent tax debts until paid in full. ‘‘(6) SPECIAL RULE FOR SPECIFIED ENROLL-
(a) IN GENERAL.—Paragraph (6) of section EES.—
164(b) of the Internal Revenue Code of 1986 is SA 5261. Ms. ERNST submitted an ‘‘(A) IN GENERAL.—The Secretary shall es-
amended— amendment intended to be proposed to tablish procedures under which the issuer of
dlhill on DSK120RN23PROD with SENATE
(1) by striking ‘‘, and before January 1, amendment SA 5194 submitted by Mr. a qualified health plan to which this section
2026’’, and applies shall reduce cost-sharing under the
SCHUMER and intended to be proposed
(2) by striking ‘‘TAXABLE YEARS 2018 plan with respect to months occurring dur-
THROUGH 2025’’ in the heading.
to the bill H.R. 5376, to provide for rec- ing plan years 2024 and 2025 for enrollees who
(b) EFFECTIVE DATE.—The amendments onciliation pursuant to title II of S. are specified enrollees (as defined in subpara-
made by this section shall apply to taxable Con. Res. 14; which was ordered to lie graph (C)) in a manner sufficient to increase
years beginning after December 31, 2022. on the table; as follows: the plan’s share of the total allowed costs of
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4251
benefits provided under the plan to 99 per- come that does not exceed 138 percent of the ‘‘(B) LIMITATION ON USE OF FUNDS.—No
cent of such costs. poverty line for a family of the size involved, funds appropriated under this paragraph
‘‘(B) METHODS FOR REDUCING COST SHAR- and who is eligible to receive cost-sharing shall be used for expenditures for promoting
ING.— reductions under section 1402.’’; and non-ACA compliant health insurance cov-
‘‘(i) IN GENERAL.—An issuer of a qualified (2) by adding at the end the following new erage.
health plan making reductions under this paragraph: ‘‘(C) NON-ACA COMPLIANT HEALTH INSURANCE
paragraph shall notify the Secretary of such ‘‘(5) ADDITIONAL BENEFITS FOR CERTAIN LOW- COVERAGE.—For purposes of subparagraph
reductions and the Secretary shall, out of INCOME INDIVIDUALS FOR PLAN YEAR 2025.— (B):
funds made available under clause (ii), make ‘‘(A) IN GENERAL.— ‘‘(i) The term ‘non-ACA compliant health
periodic and timely payments to the issuer ‘‘(i) BENEFITS.—For purposes of paragraph insurance coverage’ means health insurance
equal to 12 percent of the total allowed costs (1)(D), the benefits described in this para- coverage, or a group health plan, that is not
of benefits provided under each such plan to graph to be provided by a qualified health a qualified health plan.
specified enrollees during plan years 2024 and plan are benefits consisting of— ‘‘(ii) Such term includes the following:
2025. ‘‘(I) non-emergency medical transportation ‘‘(I) An association health plan.
‘‘(ii) APPROPRIATION.—In addition to services (as described in section 1902(a)(4) of ‘‘(II) Short-term limited duration insur-
amounts otherwise available, there are ap- the Social Security Act) for which Federal ance.
propriated, out of any money in the Treas- payments would have been available under ‘‘(D) FUNDING.—In addition to amounts
ury not otherwise appropriated, such sums as title XIX of the Social Security Act had such otherwise available, there is appropriated,
may be necessary to the Secretary to make services been furnished to an individual en- out of any money in the Treasury not other-
payments under clause (i). rolled under a State plan (or waiver of such wise appropriated, to remain available until
‘‘(C) SPECIFIED ENROLLEE DEFINED.—For plan) under such title; and expended, $105,000,000 for fiscal year 2022 to
purposes of this section, the term ‘specified ‘‘(II) services described in subsection carry out this paragraph, of which—
enrollee’ means, with respect to a plan year, (a)(4)(C) of section 1905 of such Act for which ‘‘(i) $15,000,000 shall be used to carry out
an eligible insured who is determined at any Federal payments would have been so avail- this paragraph in fiscal year 2022; and
point to have a household income for such able; ‘‘(ii) $30,000,000 shall be used to carry out
plan year that does not exceed 138 percent of which are not otherwise provided under such this paragraph for each of fiscal years 2023
the poverty line for a family of the size in- plan as part of the essential health benefits through 2025.’’.
volved. Such insured shall be deemed to be a package described in section 1302(a). (2) NAVIGATOR PROGRAM.—Section 1311(i)(6)
specified enrollee for each month in such ‘‘(ii) CONDITION ON PROVISION OF BENEFITS.— of the Patient Protection and Affordable
plan year.’’. Benefits described in this paragraph shall be Care Act (42 U.S.C. 18031(i)(6)) is amended—
(b) OPEN ENROLLMENTS APPLICABLE TO CER- (A) by striking ‘‘FUNDING.—Grants under’’
provided—
TAIN LOWER-INCOME POPULATIONS.—Section and inserting ‘‘FUNDING.—
‘‘(I) without any restriction on the choice
1311(c) of the Patient Protection and Afford- ‘‘(A) STATE EXCHANGES.—Grants under’’;
of a qualified provider from whom an indi-
able Care Act (42 U.S.C. 18031(c)) is amend- and
vidual may receive such benefits; and
ed— (B) by adding at the end the following new
‘‘(II) without any imposition of cost shar-
(1) in paragraph (6)— subparagraph:
ing.
(A) in subparagraph (C), by striking at the ‘‘(B) FEDERAL EXCHANGES.—For purposes of
‘‘(B) PAYMENTS FOR ADDITIONAL BENEFITS.—
end ‘‘and’’; carrying out this subsection, with respect to
‘‘(i) IN GENERAL.—An issuer of a qualified
(B) in subparagraph (D), by striking the pe- an Exchange established and operated by the
health plan making payments for services
riod at the end and inserting ‘‘; and’’; and Secretary within a State pursuant to section
described in subparagraph (A) furnished to
(C) by adding at the end the following new 1321(c), the Secretary shall obligate not less
individuals described in paragraph (1)(D) dur-
subparagraph: than $10,000,000 out of amounts collected
ing plan year 2025 shall notify the Secretary
‘‘(E) with respect to a qualified health plan through the user fees on participating health
of such payments and the Secretary shall,
with respect to which section 1402 applies, insurance issuers pursuant to section 156.50
out of funds made available under clause (ii),
for months occurring during the period be- of title 45, Code of Federal Regulations (or
make periodic and timely payments to the any successor regulations) for fiscal year
ginning on January 1, 2023, and ending on De-
issuer equal to payments for such services so 2022, and not less than $20,000,000 for each of
cember 31, 2025, enrollment periods described
furnished. fiscal years 2023, 2024, and 2025. Such amount
in subparagraph (A) of paragraph (8) for indi-
‘‘(ii) APPROPRIATION.—In addition to so obligated for a fiscal year shall remain
viduals described in subparagraph (B) of such
amounts otherwise available, there is appro- available until expended.’’.
paragraph.’’; and
priated, out of any money in the Treasury (e) FUNDING.—In addition to amounts oth-
(2) by adding at the end the following new
not otherwise appropriated, such sums as erwise available, there is appropriated to the
paragraph:
may be necessary to the Secretary to make Secretary of Health and Human Services for
‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER-
payments under clause (i).’’. fiscal year 2022, out of any money in the
TAIN LOW-INCOME POPULATIONS.—
‘‘(A) IN GENERAL.—The enrollment period (d) EDUCATION AND OUTREACH ACTIVITIES.— Treasury not otherwise appropriated,
described in this paragraph is, in the case of (1) IN GENERAL.—Section 1321(c) of the Pa- $65,000,000, to remain available until ex-
an individual described in subparagraph (B), tient Protection and Affordable Care Act (42 pended, for purposes of carrying out the pro-
the continuous period beginning on the first U.S.C. 18041(c)) is amended by adding at the visions of, and the amendments made by,
day that such individual is so described. end the following new paragraph: this section.
‘‘(B) INDIVIDUAL DESCRIBED.—For purposes ‘‘(3) OUTREACH AND EDUCATIONAL ACTIVI- SEC. lll. TEMPORARY EXPANSION OF HEALTH
TIES.— INSURANCE PREMIUM TAX CREDITS
of subparagraph (A), an individual described FOR CERTAIN LOW-INCOME POPU-
in this subparagraph is an individual— ‘‘(A) IN GENERAL.—In the case of an Ex-
LATIONS.
‘‘(i) with a household income that does not change established or operated by the Sec-
(a) IN GENERAL.—Section 36B is amended
exceed 138 percent of the poverty line for a retary within a State pursuant to this sub-
by redesignating subsection (h) as subsection
family of the size involved; and section, the Secretary shall carry out out- (i) and by inserting after subsection (g) the
‘‘(ii) who is not eligible for minimum es- reach and educational activities for purposes following new subsection:
sential coverage (as defined in section of informing individuals described in section ‘‘(h) CERTAIN TEMPORARY RULES BEGINNING
5000A(f) of the Internal Revenue Code of 1902(a)(10)(A)(i)(VIII) of the Social Security IN 2022.—With respect to any taxable year be-
1986), other than for coverage described in Act who reside in States that have not ex- ginning after December 31, 2021, and before
any of subparagraphs (B) through (E) of pended amounts under a State plan (or waiv- January 1, 2026—
paragraph (1) of such section.’’. er of such plan) under title XIX of such Act ‘‘(1) ELIGIBILITY FOR CREDIT NOT LIMITED
(c) ADDITIONAL BENEFITS FOR CERTAIN LOW- for all such individuals about qualified BASED ON INCOME.—Section 36B(c)(1)(A) shall
INCOME INDIVIDUALS FOR PLAN YEAR 2025.— health plans offered through the Exchange, be disregarded in determining whether a tax-
Section 1301(a) of the Patient Protection and including by informing such individuals of payer is an applicable taxpayer.
Affordable Care Act (42 U.S.C. 18021(a)) is the availability of coverage under such plans ‘‘(2) CREDIT ALLOWED TO CERTAIN LOW-IN-
amended— and financial assistance for coverage under COME EMPLOYEES OFFERED EMPLOYER-PRO-
(1) in paragraph (1)— such plans. Such outreach and educational VIDED COVERAGE.—Subclause (II) of sub-
(A) in subparagraph (B), by striking ‘‘and’’ activities shall be provided in a manner that section (c)(2)(C)(i) shall not apply if the tax-
at the end; is culturally and linguistically appropriate payer’s household income does not exceed 138
(B) in subparagraph (C)(iv), by striking the to the needs of the populations being served percent of the poverty line for a family of
period and inserting ‘‘; and’’; and by the Exchange (including hard-to-reach the size involved. Subclause (II) of sub-
dlhill on DSK120RN23PROD with SENATE
(C) by adding at the end the following new populations, such as racial and sexual mi- section (c)(2)(C)(i) shall also not apply to an
subparagraph: norities, limited English proficient popu- individual described in the last sentence of
‘‘(D) provides, with respect to a plan of- lations, individuals residing in areas where such subsection if the taxpayer’s household
fered in the silver level of coverage to which the unemployment rates exceeds the na- income does not exceed 138 percent of the
section 1402 applies during plan year 2025, for tional average unemployment rate, individ- poverty line for a family of the size involved.
benefits described in paragraph (5) in the uals in rural areas, veterans, and young ‘‘(3) CREDIT ALLOWED TO CERTAIN LOW-IN-
case of an individual who has a household in- adults). COME EMPLOYEES OFFERED QUALIFIED SMALL
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S4252 CONGRESSIONAL RECORD — SENATE August 6, 2022
EMPLOYER HEALTH REIMBURSEMENT ARRANGE- SEC. lll. FURTHER INCREASE IN FMAP FOR as a condition of any such sale, that in the
MENTS.—A qualified small employer health MEDICAL ASSISTANCE FOR NEWLY case of a bid submitted by a bidder that in-
reimbursement arrangement shall not be ELIGIBLE MANDATORY INDIVID- tends to export the crude oil to the People’s
UALS.
treated as constituting affordable coverage Republic of China, the bid will not be consid-
for an employee (or any spouse or dependent Section 1905(y)(1) of the Social Security ered by the Secretary to be a valid bid unless
of such employee) for any months of a tax- Act (42 U.S.C. 1396d(y)(1)) is amended— the bidder has submitted a bid 10 times high-
able year if the employee’s household income (1) in subparagraph (D), by striking at the er than the next highest bid received.
for such taxable year does not exceed 138 per- end ‘‘and’’; (2) WAIVER.—
cent of the poverty line for a family of the (2) in subparagraph (E), by striking ‘‘2020 (A) IN GENERAL.—On application by a bid-
size involved. and each year thereafter.’’ and inserting der, the Secretary may waive, prior to the
‘‘(4) LIMITATIONS ON RECAPTURE.— ‘‘2020, 2021, and 2022; and’’; and date of the applicable auction, the condition
‘‘(A) IN GENERAL.—In the case of a taxpayer (3) by adding at the end the following new described in paragraph (1) with respect to the
whose household income is less than 200 per- subparagraphs: sale of crude oil to that bidder at that auc-
cent of the poverty line for the size of the ‘‘(F) 93 percent for calendar quarters in tion.
family involved for the taxable year, the 2023, 2024, and 2025; and (B) REQUIREMENT.—The Secretary may
amount of the increase under subsection ‘‘(G) 90 percent for calendar quarters in issue a waiver under subparagraph (A) only if
(f)(2)(A) shall in no event exceed $300 (one- 2026 and each year thereafter.’’. the Secretary determines that the waiver is
half of such amount in the case of a taxpayer in the interest of the national security of the
whose tax is determined under section 1(c) SA 5263. Mr. CRUZ submitted an United States.
for the taxable year). amendment intended to be proposed to (C) APPLICATIONS.—A bidder desiring a
‘‘(B) LIMITATION ON INCREASE FOR CERTAIN amendment SA 5194 submitted by Mr. waiver under subparagraph (A) shall submit
NON-FILERS.—In the case of any taxpayer who SCHUMER and intended to be proposed to the Secretary an application in such form
would not be required to file a return of tax to the bill H.R. 5376, to provide for rec- and containing such information as the Sec-
for the taxable year but for any requirement onciliation pursuant to title II of S. retary may require.
to reconcile advance credit payments under
subsection (f), if an Exchange established
Con. Res. 14; which was ordered to lie SA 5266. Mr. DAINES submitted an
under title I of the Patient Protection and on the table; as follows: amendment intended to be proposed to
Affordable Care Act has determined that— Strike part 3 of subtitle A of title I. amendment SA 5194 submitted by Mr.
‘‘(i) such taxpayer is eligible for advance SCHUMER and intended to be proposed
payments under section 1412 of such Act for SA 5264. Mr. CRUZ submitted an
to the bill H.R. 5376, to provide for rec-
any portion of such taxable year, and amendment intended to be proposed to
onciliation pursuant to title II of S.
‘‘(ii) such taxpayer’s household income for amendment SA 5194 submitted by Mr.
such taxable year is projected to not exceed Con. Res. 14; which was ordered to lie
SCHUMER and intended to be proposed on the table; as follows:
138 percent of the poverty line for a family of to the bill H.R. 5376, to provide for rec-
the size involved, Strike sections 50261 (relating to the off-
onciliation pursuant to title II of S. shore oil and gas royalty rate) and 50262 (re-
subsection (f)(2)(A) shall not apply to such
taxpayer for such taxable year and such tax- Con. Res. 14; which was ordered to lie lating to Mineral Leasing Act moderniza-
payer shall not be required to file such re- on the table; as follows: tion).
turn of tax. At the end of part 1 of subtitle A of title I,
‘‘(C) INFORMATION PROVIDED BY EXCHANGE.— add the following: SA 5267. Mr. DAINES submitted an
The information required to be provided by SEC. 1010l. CERTAIN MANUFACTURERS EXEMPT- amendment intended to be proposed to
an Exchange to the Secretary and to the tax- ED FROM CORPORATE MINIMUM amendment SA 5194 submitted by Mr.
payer under subsection (f)(3) shall include TAX. SCHUMER and intended to be proposed
such information as is necessary to deter- (a) IN GENERAL.—Section 59(k)(1), as added to the bill H.R. 5376, to provide for rec-
mine whether such Exchange has made the by section 10101, is amended by adding at the onciliation pursuant to title II of S.
determinations described in clauses (i) and end the following new subparagraph: Con. Res. 14; which was ordered to lie
(ii) of subparagraph (B) with respect to such ‘‘(F) EXCEPTION FOR DOMESTIC MANUFACTUR-
on the table; as follows:
taxpayer.’’. ERS.—The term ‘applicable corporation’ shall
(b) EMPLOYER SHARED RESPONSIBILITY PRO- not include any domestic manufacturer.’’. Strike part 3 of subtitle A of title V and in-
VISION NOT APPLICABLE WITH RESPECT TO (b) EFFECTIVE DATE.—The amendment sert the following:
CERTAIN LOW-INCOME TAXPAYERS RECEIVING made by this section shall apply to taxable PART 3—REHABILITATION OF PUBLIC
PREMIUM ASSISTANCE.—Section 4980H(c)(3) is years beginning after December 31, 2022. LAND AFFECTED BY NATURAL DISASTERS
amended to read as follows: SEC. 50131.NATURAL DISASTER RECOVERY
‘‘(3) APPLICABLE PREMIUM TAX CREDIT AND SA 5265. Mr. CRUZ submitted an FUNDS.
COST-SHARING REDUCTION.— amendment intended to be proposed to (a) DEPARTMENT OF THE INTERIOR.—In addi-
‘‘(A) IN GENERAL.—The term ‘applicable amendment SA 5194 submitted by Mr. tion to amounts otherwise available, there is
premium tax credit and cost-sharing reduc- appropriated to the Secretary of the Interior
SCHUMER and intended to be proposed for fiscal year 2022, out of any money in the
tion’ means— to the bill H.R. 5376, to provide for rec-
‘‘(i) any premium tax credit allowed under Treasury not otherwise appropriated,
section 36B,
onciliation pursuant to title II of S. $900,000,000, to remain available through Sep-
‘‘(ii) any cost-sharing reduction under sec- Con. Res. 14; which was ordered to lie tember 30, 2029, to rehabilitate public lands
tion 1402 of the Patient Protection and Af- on the table; as follows: that recently experienced a natural disaster
fordable Care Act, and At the end of part 6 of subtitle B of title V, through the rebuilding of infrastructure,
‘‘(iii) any advance payment of such credit add the following: habitat and stream restoration, and gateway
or reduction under section 1412 of such Act. community assistance.
SEC. 5026ll. CONDITION ON AUCTION OF
(b) FOREST SERVICE.—In addition to
‘‘(B) EXCEPTION WITH RESPECT TO CERTAIN CRUDE OIL FROM THE STRATEGIC
PETROLEUM RESERVE. amounts otherwise available, there is appro-
LOW-INCOME TAXPAYERS.—Such term shall
priated to the Secretary of Agriculture, act-
not include any premium tax credit, cost- (a) DEFINITIONS.—In this section:
ing through the Chief of the Forest Service,
sharing reduction, or advance payment oth- (1) BIDDER.—The term ‘‘bidder’’ means an
for fiscal year 2022, out of any money in the
erwise described in subparagraph (A) if such individual or entity bidding or intending to
Treasury not otherwise appropriated,
credit, reduction, or payment is allowed or bid at an auction of crude oil from the Stra-
$100,000,000, to remain available through Sep-
paid for a taxable year of an employee (be- tegic Petroleum Reserve. tember 30, 2029, to rehabilitate National For-
ginning after December 31, 2021, and before (2) SECRETARY.—The term ‘‘Secretary’’ est System land west of the 100th meridian
January 1, 2026) with respect to which— means the Secretary of Energy. that recently experienced a natural disaster
‘‘(i) an Exchange established under title I (3) STRATEGIC PETROLEUM RESERVE.—The through the rebuilding of infrastructure,
of the Patient Protection and Affordable term ‘‘Strategic Petroleum Reserve’’ means habitat and stream restoration, and gateway
Care Act has determined that such employ- the Strategic Petroleum Reserve established community assistance.
ee’s household income for such taxable year under part B of title I of the Energy Policy
is projected to not exceed 138 percent of the and Conservation Act (42 U.S.C. 6231 et seq.). SA 5268. Mr. DAINES (for himself,
poverty line for a family of the size involved, (b) BIDDING REQUIREMENTS ON EXPORT OF Mr. MARSHALL, and Mr. RISCH) sub-
or SPR CRUDE OIL TO CERTAIN COUNTRIES.— mitted an amendment intended to be
dlhill on DSK120RN23PROD with SENATE
‘‘(ii) such employee’s household income for (1) IN GENERAL.—Notwithstanding section
proposed to amendment SA 5194 sub-
such taxable year does not exceed 138 percent 161 of the Energy Policy and Conservation
Act (42 U.S.C. 6241), and subject to paragraph mitted by Mr. SCHUMER and intended
of the poverty line for a family of the size in-
volved.’’. (2), with respect to the drawdown and sale at to be proposed to the bill H.R. 5376, to
(c) EFFECTIVE DATE.—The amendments auction of any crude oil from the Strategic provide for reconciliation pursuant to
made by this section shall apply to taxable Petroleum Reserve after the date of enact- title II of S. Con. Res. 14; which was or-
years beginning after December 31, 2021. ment of this Act, the Secretary shall require, dered to lie on the table; as follows:
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4253
At the end of part 1 of subtitle A of title V, On page 39, line 10, strike the period and erate air quality sensors in low-income and
add the following: insert ‘‘, and provided further that a portion disadvantaged communities.
SEC. 5011l. CONDITION ON AVAILABILITY OF of such funds shall be used to create and im- (d) EMISSIONS FROM WOOD HEATERS.—In ad-
FUNDS. plement a plan to eliminate racial, political, dition to amounts otherwise available, there
None of the funds made available to the regional, and socioeconomic discrepancies in is appropriated to the Administrator of the
Secretary under this subtitle may be used the audit rates not later than 90 days from Environmental Protection Agency for fiscal
until the Secretary submits to Congress the the date of enactment of this Act.’’. year 2022, out of any money in the Treasury
report required under section 40434 of the In- not otherwise appropriated, $15,000,000, to re-
frastructure Investment and Jobs Act (Pub- SA 5273. Mr. THUNE submitted an main available until September 30, 2031, for
lic Law 117–58; 135 Stat. 1049) detailing the amendment intended to be proposed to grants and other activities authorized under
job losses and the impact on consumer en- amendment SA 5194 proposed by Mr. subsections (a) through (c) of section 103 and
ergy costs resulting from the revocation of section 105 of the Clean Air Act (42 U.S.C.
SCHUMER to the bill H.R. 5376, to pro-
the permit for the Keystone XL pipeline. 7403(a)–(c), 7405) for testing and other agency
vide for reconciliation pursuant to title activities to address emissions from wood
SA 5269. Mr. DAINES submitted an II of S. Con. Res. 14; which was ordered heaters.
amendment intended to be proposed to to lie on the table; as follows: (e) METHANE MONITORING.—In addition to
Strike section 60103 and all that follows amounts otherwise available, there is appro-
amendment SA 5194 submitted by Mr.
through section 60201 and insert the fol- priated to the Administrator of the Environ-
SCHUMER and intended to be proposed mental Protection Agency for fiscal year
lowing:
to the bill H.R. 5376, to provide for rec- 2022, out of any money in the Treasury not
SEC. 60103. DIESEL EMISSIONS REDUCTIONS.
onciliation pursuant to title II of S. otherwise appropriated, $20,000,000, to remain
(a) GOODS MOVEMENT.—In addition to
Con. Res. 14; which was ordered to lie amounts otherwise available, there is appro- available until September 30, 2031, for grants
on the table; as follows: priated to the Administrator of the Environ- and other activities authorized under sub-
Strike sections 50261 through 50263. mental Protection Agency for fiscal year sections (a) through (c) of section 103 and
2022, out of any money in the Treasury not section 105 of the Clean Air Act (42 U.S.C.
SA 5270. Mr. DAINES submitted an otherwise appropriated, $60,000,000, to remain 7403(a)–(c), 7405) for monitoring emissions of
methane.
amendment intended to be proposed to available until September 30, 2031, for grants,
(f) CLEAN AIR ACT GRANTS.—In addition to
amendment SA 5194 submitted by Mr. rebates, and loans under section 792 of the
amounts otherwise available, there is appro-
SCHUMER and intended to be proposed Energy Policy Act of 2005 (42 U.S.C. 16132) to
priated to the Administrator of the Environ-
to the bill H.R. 5376, to provide for rec- identify and reduce diesel emissions result-
mental Protection Agency for fiscal year
ing from goods movement facilities, and ve-
onciliation pursuant to title II of S. hicles servicing goods movement facilities,
2022, out of any money in the Treasury not
Con. Res. 14; which was ordered to lie otherwise appropriated, $25,000,000, to remain
in low-income and disadvantaged commu-
on the table; as follows: available until September 30, 2031, for grants
nities to address the health impacts of such
and other activities authorized under sub-
On page 38, strike line 5 and all that fol- emissions on such communities.
sections (a) through (c) of section 103 and
lows through ‘‘(III)’’ on line 16 and insert the (b) ADMINISTRATIVE COSTS.—The Adminis-
section 105 of the Clean Air Act (42 U.S.C.
following: trator of the Environmental Protection
7403(a)–(c), 7405).
(I) TAXPAYER SERVICES.—For necessary ex- Agency shall reserve 2 percent of the (g) OTHER ACTIVITIES.—In addition to
penses of the Internal Revenue Service to amounts made available under this section amounts otherwise available, there is appro-
provide taxpayer services, including pre-fil- for the administrative costs necessary to priated to the Administrator of the Environ-
ing assistance and education, filing and ac- carry out activities pursuant to this section. mental Protection Agency for fiscal year
count services, taxpayer advocacy services, SEC. 60104. FUNDING TO ADDRESS AIR POLLU- 2022, out of any money in the Treasury not
and other services as authorized by 5 U.S.C. TION.
otherwise appropriated, $45,000,000, to remain
3109, at such rates as may be determined by (a) FENCELINE AIR MONITORING AND available until September 30, 2031, to carry
the Commissioner, $48,818,900,000, to remain SCREENING AIR MONITORING.—In addition to out, with respect to greenhouse gases, sec-
available until September 30, 2031: Provided, amounts otherwise available, there is appro- tions 111, 115, 165, 177, 202, 211, 213, and 231 of
That these amounts shall be in addition to priated to the Administrator of the Environ- the Clean Air Act (42 U.S.C. 7411, 7415, 7475,
amounts otherwise available for such pur- mental Protection Agency for fiscal year 7507, 7521, 7545, 7547, and 7571).
poses. 2022, out of any money in the Treasury not (h) GREENHOUSE GAS AND ZERO-EMISSION
otherwise appropriated, $117,500,000, to re- STANDARDS FOR MOBILE SOURCES.—In addi-
SA 5271. Mr. BOOZMAN submitted an main available until September 30, 2031, for tion to amounts otherwise available, there is
amendment intended to be proposed to grants and other activities authorized under appropriated to the Administrator of the En-
amendment SA 5194 submitted by Mr. subsections (a) through (c) of section 103 and vironmental Protection Agency for fiscal
SCHUMER and intended to be proposed section 105 of the Clean Air Act (42 U.S.C. year 2022, out of any money in the Treasury
7403(a)–(c), 7405) to deploy, integrate, sup- not otherwise appropriated, $5,000,000, to re-
to the bill H.R. 5376, to provide for rec-
port, and maintain fenceline air monitoring, main available until September 30, 2031, to
onciliation pursuant to title II of S. screening air monitoring, national air toxics provide grants to States to adopt and imple-
Con. Res. 14; which was ordered to lie trend stations, and other air toxics and com- ment greenhouse gas and zero-emission
on the table; as follows: munity monitoring. standards for mobile sources pursuant to sec-
At the end of subtitle A of title II, add the (b) MULTIPOLLUTANT MONITORING STA- tion 177 of the Clean Air Act (42 U.S.C. 7507).
following: TIONS.—In addition to amounts otherwise (i) DEFINITION OF GREENHOUSE GAS.—In this
SEC. 20lll. RESCISSION OF WAIVER ON WORK available, there is appropriated to the Ad- section, the term ‘‘greenhouse gas’’ means
REQUIREMENTS. ministrator of the Environmental Protection the air pollutants carbon dioxide,
(a) IN GENERAL.—Section 2301 of the Fami- Agency for fiscal year 2022, out of any money hydrofluorocarbons, methane, nitrous oxide,
lies First Coronavirus Response Act (7 U.S.C. in the Treasury not otherwise appropriated, perfluorocarbons, and sulfur hexafluoride.
2011 note; Public Law 116–127) is repealed. $50,000,000, to remain available until Sep- SEC. 60105. FUNDING TO ADDRESS AIR POLLU-
(b) EFFECT.—A State agency (as defined in tember 30, 2031, for grants and other activi- TION AT SCHOOLS.
section 3 of the Food and Nutrition Act of ties authorized under subsections (a) through (a) IN GENERAL.—In addition to amounts
2008 (7 U.S.C. 2012)) carrying out the supple- (c) of section 103 and section 105 of the Clean otherwise available, there is appropriated to
mental nutrition assistance program estab- Air Act (42 U.S.C. 7403(a)–(c), 7405)— the Administrator of the Environmental
lished under that Act shall disregard, for (1) to expand the national ambient air Protection Agency for fiscal year 2022, out of
purposes of determining eligibility to par- quality monitoring network with new multi- any money in the Treasury not otherwise ap-
ticipate in that program in accordance with pollutant monitoring stations; and propriated, $37,500,000, to remain available
section 6(o)(2) of that Act (7 U.S.C. (2) to replace, repair, operate, and main- until September 30, 2031, for grants and other
2015(o)(2)), any period during which an indi- tain existing monitors. activities to monitor and reduce greenhouse
vidual received benefits under that program (c) AIR QUALITY SENSORS IN LOW-INCOME gas emissions and other air pollutants at
prior to the date of enactment of this Act. AND DISADVANTAGED COMMUNITIES.—In addi- schools in low-income and disadvantaged
tion to amounts otherwise available, there is communities under subsections (a) through
SA 5272. Mr. SCOTT of South Caro- appropriated to the Administrator of the En- (c) of section 103 of the Clean Air Act (42
lina submitted an amendment intended vironmental Protection Agency for fiscal U.S.C. 7403(a)–(c)) and section 105 of that Act
dlhill on DSK120RN23PROD with SENATE
to be proposed to amendment SA 5194 year 2022, out of any money in the Treasury (42 U.S.C. 7405).
not otherwise appropriated, $3,000,000, to re- (b) TECHNICAL ASSISTANCE.—In addition to
proposed by Mr. SCHUMER to the bill
main available until September 30, 2031, for amounts otherwise available, there is appro-
H.R. 5376, to provide for reconciliation grants and other activities authorized under priated to the Administrator of the Environ-
pursuant to title II of S. Con. Res. 14; subsections (a) through (c) of section 103 and mental Protection Agency for fiscal year
which was ordered to lie on the table; section 105 of the Clean Air Act (42 U.S.C. 2022, out of any money in the Treasury not
as follows: 7403(a)–(c), 7405) to deploy, integrate, and op- otherwise appropriated, $12,500,000, to remain
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S4254 CONGRESSIONAL RECORD — SENATE August 6, 2022
available until September 30, 2031, for pro- (1) the development and establishment of lic access software tools to ensure access to
viding technical assistance to schools in low- tests and protocols regarding the environ- compliance data and related information.
income and disadvantaged communities mental and public health effects of a fuel or (b) COMMUNICATIONS WITH ICIS.—In addi-
under subsections (a) through (c) of section fuel additive; tion to amounts otherwise available, there is
103 of the Clean Air Act (42 U.S.C. 7403(a)–(c)) (2) internal and extramural data collection appropriated to the Administrator of the En-
and section 105 of that Act (42 U.S.C. 7405)— and analyses to regularly update applicable vironmental Protection Agency for fiscal
(1) to address environmental issues; regulations, guidance, and procedures for de- year 2022, out of any money in the Treasury
(2) to develop school environmental qual- termining lifecycle greenhouse gas emissions not otherwise appropriated, $3,000,000, to re-
ity plans that include standards for school of a fuel; and main available until September 30, 2031, for
building, design, construction, and renova- (3) the review, analysis, and evaluation of grants to States, Indian tribes, and air pollu-
tion; and the impacts of all transportation fuels, in- tion control agencies (as such terms are de-
(3) to identify and mitigate ongoing air cluding fuel lifecycle implications, on the fined in section 302 of the Clean Air Act (42
pollution hazards. general public and on low-income and dis- U.S.C. 7602)) to update their systems to en-
(c) DEFINITION OF GREENHOUSE GAS.—In advantaged communities. sure communication with the Integrated
this section, the term ‘‘greenhouse gas’’ (b) INVESTMENTS IN ADVANCED BIOFUELS.— Compliance Information System of the Envi-
means the air pollutants carbon dioxide, In addition to amounts otherwise available, ronmental Protection Agency and any asso-
hydrofluorocarbons, methane, nitrous oxide, there is appropriated to the Administrator of ciated systems.
perfluorocarbons, and sulfur hexafluoride. the Environmental Protection Agency for (c) INSPECTION SOFTWARE.—In addition to
SEC. 60106. LOW EMISSIONS ELECTRICITY PRO- fiscal year 2022, out of any money in the amounts otherwise available, there is appro-
GRAM. Treasury not otherwise appropriated, priated to the Administrator of the Environ-
The Clean Air Act is amended by inserting $10,000,000, to remain available until Sep- mental Protection Agency for fiscal year
after section 133 of such Act, as added by sec- tember 30, 2031, for new grants to industry 2022, out of any money in the Treasury not
tion 60102 of this Act, the following: and other related activities under section otherwise appropriated, $4,000,000, to remain
‘‘SEC. 134. LOW EMISSIONS ELECTRICITY PRO- 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) available until September 30, 2031—
GRAM. to support investments in advanced biofuels. (1) to acquire or update inspection software
‘‘(a) APPROPRIATION.—In addition to (c) DEFINITION OF GREENHOUSE GAS.—In for use by the Environmental Protection
amounts otherwise available, there is appro- this section, the term ‘‘greenhouse gas’’ Agency, States, Indian tribes, and air pollu-
priated to the Administrator for fiscal year means the air pollutants carbon dioxide, tion control agencies (as such terms are de-
2022, out of any money in the Treasury not hydrofluorocarbons, methane, nitrous oxide, fined in section 302 of the Clean Air Act (42
otherwise appropriated, to remain available perfluorocarbons, and sulfur hexafluoride. U.S.C. 7602)); or
until September 30, 2031— SEC. 60108. FUNDING FOR IMPLEMENTATION OF (2) to acquire necessary devices on which
‘‘(1) $17,000,000 for consumer-related edu- THE AMERICAN INNOVATION AND to run such inspection software.
cation and partnerships with respect to re- MANUFACTURING ACT. SEC. 60110. GREENHOUSE GAS CORPORATE RE-
ductions in greenhouse gas emissions that (a) APPROPRIATIONS.— PORTING.
result from domestic electricity generation (1) IN GENERAL.—In addition to amounts (a) IN GENERAL.—In addition to amounts
and use; otherwise available, there is appropriated to otherwise available, there is appropriated to
‘‘(2) $17,000,000 for education, technical as- the Administrator of the Environmental the Administrator of the Environmental
sistance, and partnerships within low-income Protection Agency for fiscal year 2022, out of Protection Agency for fiscal year 2022, out of
and disadvantaged communities with respect any money in the Treasury not otherwise ap- any money in the Treasury not otherwise ap-
to reductions in greenhouse gas emissions propriated, $20,000,000, to remain available propriated, $5,000,000, to remain available
that result from domestic electricity genera- until September 30, 2026, to carry out sub- until September 30, 2031, for the Environ-
tion and use; sections (a) through (i) and subsection (k) of mental Protection Agency to support—
‘‘(3) $17,000,000 for industry-related out- section 103 of division S of Public Law 116– (1) enhanced standardization and trans-
reach, technical assistance, and partnerships 260 (42 U.S.C. 7675). parency of corporate climate action commit-
with respect to reductions in greenhouse gas (2) IMPLEMENTATION AND COMPLIANCE ments and plans to reduce greenhouse gas
emissions that result from domestic elec- TOOLS.—In addition to amounts otherwise emissions;
tricity generation and use; available, there is appropriated to the Ad- (2) enhanced transparency regarding
‘‘(4) $17,000,000 for outreach and technical ministrator of the Environmental Protection progress toward meeting such commitments
assistance to, and partnerships with, State, Agency for fiscal year 2022, out of any money and implementing such plans; and
Tribal, and local governments with respect in the Treasury not otherwise appropriated, (3) progress toward meeting such commit-
to reductions in greenhouse gas emissions $3,500,000, to remain available until Sep- ments and implementing such plans.
that result from domestic electricity genera- tember 30, 2026, to deploy new implementa- (b) DEFINITION OF GREENHOUSE GAS.—In
tion and use; tion and compliance tools to carry out sub- this section, the term ‘‘greenhouse gas’’
‘‘(5) $1,000,000 to assess, not later than 1 sections (a) through (i) and subsection (k) of means the air pollutants carbon dioxide,
year after the date of enactment of this sec- section 103 of division S of Public Law 116– hydrofluorocarbons, methane, nitrous oxide,
tion, the reductions in greenhouse gas emis- 260 (42 U.S.C. 7675). perfluorocarbons, and sulfur hexafluoride.
sions that result from changes in domestic (3) COMPETITIVE GRANTS.—In addition to SEC. 60111.
ENVIRONMENTAL PRODUCT DEC-
electricity generation and use that are an- amounts otherwise available, there is appro- LARATION ASSISTANCE.
ticipated to occur on an annual basis priated to the Administrator of the Environ- (a) IN GENERAL.—In addition to amounts
through fiscal year 2031; and mental Protection Agency for fiscal year otherwise available, there is appropriated to
‘‘(6) $18,000,000 to ensure that reductions in 2022, out of any money in the Treasury not the Administrator of the Environmental
greenhouse gas emissions are achieved otherwise appropriated, $15,000,000, to remain Protection Agency for fiscal year 2022, out of
through use of the existing authorities of available until September 30, 2026, for com- any money in the Treasury not otherwise ap-
this Act, incorporating the assessment under petitive grants for reclaim and innovative propriated, $250,000,000, to remain available
paragraph (5). destruction technologies under subsections until September 30, 2031, to develop and
‘‘(b) ADMINISTRATION OF FUNDS.—Of the (a) through (i) and subsection (k) of section carry out a program to support the develop-
amounts made available under subsection 103 of division S of Public Law 116–260 (42 ment, enhanced standardization and trans-
(a), the Administrator shall reserve 2 percent U.S.C. 7675). parency, and reporting criteria for environ-
for the administrative costs necessary to (b) ADMINISTRATION OF FUNDS.—Of the mental product declarations that include
carry out activities pursuant to that sub- funds made available pursuant to subsection measurements of the embodied greenhouse
section. (a)(3), the Administrator of the Environ- gas emissions of the material or product as-
‘‘(c) DEFINITION OF GREENHOUSE GAS.—In mental Protection Agency shall reserve 5 sociated with all relevant stages of produc-
this section, the term ‘greenhouse gas’ percent for administrative costs necessary to tion, use, and disposal, and conform with
means the air pollutants carbon dioxide, carry out activities pursuant to such sub- international standards, for construction
hydrofluorocarbons, methane, nitrous oxide, section. materials and products by—
perfluorocarbons, and sulfur hexafluoride.’’. SEC. 60109. FUNDING FOR ENFORCEMENT TECH- (1) providing grants to businesses that
SEC. 60107. FUNDING FOR SECTION 211(O) OF THE NOLOGY AND PUBLIC INFORMATION. manufacture construction materials and
CLEAN AIR ACT. (a) COMPLIANCE MONITORING.—In addition products for developing and verifying envi-
(a) TEST AND PROTOCOL DEVELOPMENT.—In to amounts otherwise available, there is ap- ronmental product declarations, and to
addition to amounts otherwise available, propriated to the Administrator of the Envi- States, Indian Tribes, and nonprofit organi-
there is appropriated to the Administrator of ronmental Protection Agency for fiscal year zations that will support such businesses;
dlhill on DSK120RN23PROD with SENATE
the Environmental Protection Agency for 2022, out of any money in the Treasury not (2) providing technical assistance to busi-
fiscal year 2022, out of any money in the otherwise appropriated, $18,000,000, to remain nesses that manufacture construction mate-
Treasury not otherwise appropriated, available until September 30, 2031, to update rials and products in developing and
$5,000,000, to remain available until Sep- the Integrated Compliance Information Sys- verifying environmental product declara-
tember 30, 2031, to carry out section 211(o) of tem of the Environmental Protection Agen- tions, and to States, Indian Tribes, and non-
the Clean Air Act (42 U.S.C. 7545(o)) with re- cy and any associated systems, necessary in- profit organizations that will support such
spect to— formation technology infrastructure, or pub- businesses; and
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4255
(3) carrying out other activities that assist activities described in paragraphs (1) ‘‘(4) COMMON OWNERSHIP OR CONTROL.—In
in measuring, reporting, and steadily reduc- through (4) of subsection (a) at marginal con- calculating the total emissions charge obli-
ing the quantity of embodied carbon of con- ventional wells. gation for facilities under common owner-
struction materials and products. ‘‘(c) WASTE EMISSIONS CHARGE.—The Ad- ship or control, the Administrator shall
(b) ADMINISTRATIVE COSTS.—Of the ministrator shall impose and collect a allow for the netting of emissions by reduc-
amounts made available under this section, charge on methane emissions that exceed an ing the total obligation to account for facil-
the Administrator of the Environmental applicable waste emissions threshold under ity emissions levels that are below the appli-
Protection Agency shall reserve 5 percent for subsection (f) from an owner or operator of cable thresholds within and across all appli-
administrative costs necessary to carry out an applicable facility that reports more than cable segments identified in subsection (d).
this section. 25,000 metric tons of carbon dioxide equiva- ‘‘(5) EXEMPTION.—Charges shall not be im-
(c) DEFINITIONS.—In this section: lent of greenhouse gases emitted per year posed pursuant to paragraph (1) on emissions
(1) GREENHOUSE GAS.—The term ‘‘green- pursuant to subpart W of part 98 of title 40, that exceed the waste emissions threshold
house gas’’ means the air pollutants carbon Code of Federal Regulations, regardless of specified in such paragraph if such emissions
dioxide, hydrofluorocarbons, methane, ni- the reporting threshold under that subpart. are caused by unreasonable delay, as deter-
trous oxide, perfluorocarbons, and sulfur ‘‘(d) APPLICABLE FACILITY.—For purposes mined by the Administrator, in environ-
hexafluoride. of this section, the term ‘applicable facility’ mental permitting of gathering or trans-
(2) STATE.—The term ‘‘State’’ has the means a facility within the following indus- mission infrastructure necessary for offtake
meaning given to that term in section 302(d) try segments, as defined in subpart W of part of increased volume as a result of methane
of the Clean Air Act (42 U.S.C. 7602(d)). 98 of title 40, Code of Federal Regulations: emissions mitigation implementation.
SEC. 60112. METHANE EMISSIONS REDUCTION ‘‘(1) Offshore petroleum and natural gas ‘‘(6) EXEMPTION FOR REGULATORY COMPLI-
PROGRAM. ANCE.—
production.
The Clean Air Act is amended by inserting ‘‘(A) IN GENERAL.—Charges shall not be im-
‘‘(2) Onshore petroleum and natural gas
after section 134 of such Act, as added by sec- posed pursuant to subsection (c) on an appli-
production.
tion 60106 of this Act, the following: cable facility that is subject to and in com-
‘‘(3) Onshore natural gas processing.
‘‘SEC. 135. METHANE EMISSIONS AND WASTE RE- pliance with methane emissions require-
‘‘(4) Onshore natural gas transmission
DUCTION INCENTIVE PROGRAM FOR
compression. ments pursuant to subsections (b) and (d) of
PETROLEUM AND NATURAL GAS
SYSTEMS. ‘‘(5) Underground natural gas storage. section 111 upon a determination by the Ad-
‘‘(a) INCENTIVES FOR METHANE MITIGATION ‘‘(6) Liquefied natural gas storage. ministrator that—
AND MONITORING.—In addition to amounts ‘‘(7) Liquefied natural gas import and ex- ‘‘(i) methane emissions standards and
otherwise available, there is appropriated to port equipment. plans pursuant to subsections (b) and (d) of
the Administrator for fiscal year 2022, out of ‘‘(8) Onshore petroleum and natural gas section 111 have been approved and are in ef-
any money in the Treasury not otherwise ap- gathering and boosting. fect in all States with respect to the applica-
propriated, $850,000,000, to remain available ‘‘(9) Onshore natural gas transmission ble facilities; and
until September 30, 2028— pipeline. ‘‘(ii) compliance with the requirements de-
‘‘(1) for grants, rebates, contracts, loans, ‘‘(e) CHARGE AMOUNT.—The amount of a scribed in clause (i) will result in equivalent
and other activities of the Environmental charge under subsection (c) for an applicable or greater emissions reductions as would be
Protection Agency for the purposes of pro- facility shall be equal to the product ob- achieved by the proposed rule of the Admin-
viding financial and technical assistance to tained by multiplying— istrator entitled ‘Standards of Performance
owners and operators of applicable facilities ‘‘(1) the number of metric tons of methane for New, Reconstructed, and Modified
to prepare and submit greenhouse gas re- emissions reported pursuant to subpart W of Sources and Emissions Guidelines for Exist-
ports under subpart W of part 98 of title 40, part 98 of title 40, Code of Federal Regula- ing Sources: Oil and Natural Gas Sector Cli-
Code of Federal Regulations; tions, for the applicable facility that exceed mate Review’ (86 Fed. Reg. 63110 (November
‘‘(2) for grants, rebates, contracts, loans, the applicable annual waste emissions 15, 2021)), if such rule had been finalized and
and other activities of the Environmental threshold listed in subsection (f) during the implemented.
Protection Agency authorized under sub- previous reporting period; and ‘‘(B) RESUMPTION OF CHARGE.—If the condi-
sections (a) through (c) of section 103 for ‘‘(2)(A) $900 for emissions reported for cal- tions in clause (i) or (ii) of subparagraph (A)
methane emissions monitoring; endar year 2024; cease to apply after the Administrator has
‘‘(3) for grants, rebates, contracts, loans, ‘‘(B) $1,200 for emissions reported for cal- made the determination in that subpara-
and other activities of the Environmental endar year 2025; or graph, the applicable facility will again be
Protection Agency for the purposes of pro- ‘‘(C) $1,500 for emissions reported for cal- subject to the charge under subsection (c) be-
viding financial and technical assistance to endar year 2026 and each year thereafter. ginning in the first calendar year in which
reduce methane and other greenhouse gas ‘‘(f) WASTE EMISSIONS THRESHOLD.— the conditions in either clause (i) or (ii) of
emissions from petroleum and natural gas ‘‘(1) PETROLEUM AND NATURAL GAS PRODUC- that subparagraph are no longer met.
systems, mitigate legacy air pollution from TION.—With respect to imposing and col- ‘‘(7) PLUGGED WELLS.—Charges shall not be
petroleum and natural gas systems, and pro- lecting the charge under subsection (c) for an imposed with respect to the emissions rate
vide funding for— applicable facility in an industry segment from any well that has been permanently
‘‘(A) improving climate resiliency of com- listed in paragraph (1) or (2) of subsection shut-in and plugged in the previous year in
munities and petroleum and natural gas sys- (d), the Administrator shall impose and col- accordance with all applicable closure re-
tems; lect the charge on the reported metric tons quirements, as determined by the Adminis-
‘‘(B) improving and deploying industrial of methane emissions from such facility that trator.
equipment and processes that reduce meth- exceed— ‘‘(g) PERIOD.—The charge under subsection
ane and other greenhouse gas emissions and ‘‘(A) 0.20 percent of the natural gas sent to (c) shall be imposed and collected beginning
waste; sale from such facility; or with respect to emissions reported for cal-
‘‘(C) supporting innovation in reducing ‘‘(B) 10 metric tons of methane per million endar year 2024 and for each year thereafter.
methane and other greenhouse gas emissions barrels of oil sent to sale from such facility,
if such facility sent no natural gas to sale. ‘‘(h) REPORTING.—Not later than 2 years
and waste from petroleum and natural gas
‘‘(2) NONPRODUCTION PETROLEUM AND NAT- after the date of enactment of this section,
systems;
URAL GAS SYSTEMS.—With respect to impos-
the Administrator shall revise the require-
‘‘(D) permanently shutting in and plugging
ing and collecting the charge under sub- ments of subpart W of part 98 of title 40,
wells on non-Federal land;
section (c) for an applicable facility in an in- Code of Federal Regulations, to ensure the
‘‘(E) mitigating health effects of methane
dustry segment listed in paragraph (3), (6), reporting under such subpart, and calcula-
and other greenhouse gas emissions, and leg-
(7), or (8) of subsection (d), the Adminis- tion of charges under subsections (e) and (f)
acy air pollution from petroleum and natural
trator shall impose and collect the charge on of this section, are based on empirical data,
gas systems in low-income and disadvan-
the reported metric tons of methane emis- including data collected pursuant to sub-
taged communities; and
sions that exceed 0.05 percent of the natural section (a)(4), accurately reflect the total
‘‘(F) supporting environmental restoration;
gas sent to sale from or through such facil- methane emissions and waste emissions from
and
ity. the applicable facilities, and allow owners
‘‘(4) to cover all direct and indirect costs
‘‘(3) NATURAL GAS TRANSMISSION.—With re- and operators of applicable facilities to sub-
required to administer this section, prepare
spect to imposing and collecting the charge mit empirical emissions data, in a manner to
inventories, gather empirical data, and track
under subsection (c) for an applicable facil- be prescribed by the Administrator, to dem-
emissions.
onstrate the extent to which a charge under
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‘‘(b) INCENTIVES FOR METHANE MITIGATION ity in an industry segment listed in para-
FROM CONVENTIONAL WELLS.—In addition to graph (4), (5), or (9) of subsection (d), the Ad- subsection (c) is owed.
amounts otherwise available, there is appro- ministrator shall impose and collect the ‘‘(i) DEFINITION OF GREENHOUSE GAS.—In
priated to the Administrator for fiscal year charge on the reported metric tons of meth- this section, the term ‘greenhouse gas’
2022, out of any money in the Treasury not ane emissions that exceed 0.11 percent of the means the air pollutants carbon dioxide,
otherwise appropriated, $700,000,000, to re- natural gas sent to sale from or through such hydrofluorocarbons, methane, nitrous oxide,
main available until September 30, 2028, for facility. perfluorocarbons, and sulfur hexafluoride.’’.
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S4256 CONGRESSIONAL RECORD — SENATE August 6, 2022
SEC. 60113. CLIMATE POLLUTION REDUCTION trous oxide, perfluorocarbons, and sulfur activities described in paragraph (2) that
GRANTS. hexafluoride.’’. benefit disadvantaged communities, as de-
The Clean Air Act is amended by inserting SEC. 60114. ENVIRONMENTAL PROTECTION fined by the Administrator.
after section 135 of such Act, as added by sec- AGENCY EFFICIENT, ACCURATE, ‘‘(2) ELIGIBLE ACTIVITIES.—An eligible enti-
tion 60112 of this Act, the following: AND TIMELY REVIEWS. ty may use a grant awarded under this sub-
‘‘SEC. 136. GREENHOUSE GAS AIR POLLUTION In addition to amounts otherwise avail- section for—
PLANS AND IMPLEMENTATION able, there is appropriated to the Environ- ‘‘(A) community-led air and other pollu-
GRANTS.
mental Protection Agency for fiscal year tion monitoring, prevention, and remedi-
‘‘(a) APPROPRIATIONS.— 2022, out of any money in the Treasury not ation, and investments in low- and zero-
‘‘(1) GREENHOUSE GAS AIR POLLUTION PLAN- otherwise appropriated, $40,000,000, to remain emission and resilient technologies and re-
NING GRANTS.—In addition to amounts other- available until September 30, 2026, to provide lated infrastructure and workforce develop-
wise available, there is appropriated to the for the development of efficient, accurate, ment that help reduce greenhouse gas emis-
Administrator for fiscal year 2022, out of any and timely reviews for permitting and ap- sions and other air pollutants;
amounts in the Treasury not otherwise ap- proval processes through the hiring and ‘‘(B) mitigating climate and health risks
propriated, $250,000,000, to remain available training of personnel, the development of from urban heat islands, extreme heat, wood
until September 30, 2031, to carry out sub- programmatic documents, the procurement heater emissions, and wildfire events;
section (b). of technical or scientific services for reviews, ‘‘(C) climate resiliency and adaptation;
‘‘(2) GREENHOUSE GAS AIR POLLUTION IMPLE- the development of environmental data or ‘‘(D) reducing indoor toxics and indoor air
MENTATION GRANTS.—In addition to amounts information systems, stakeholder and com- pollution; or
otherwise available, there is appropriated to munity engagement, the purchase of new ‘‘(E) facilitating engagement of disadvan-
the Administrator for fiscal year 2022, out of equipment for environmental analysis, and taged communities in State and Federal ad-
any amounts in the Treasury not otherwise the development of geographic information visory groups, workshops, rulemakings, and
appropriated, $4,750,000,000, to remain avail- systems and other analysis tools, techniques, other public processes.
able until September 30, 2026, to carry out and guidance to improve agency trans- ‘‘(3) ELIGIBLE ENTITIES.—In this subsection,
subsection (c). parency, accountability, and public engage- the term ‘eligible entity’ means—
‘‘(3) ADMINISTRATIVE COSTS.—Of the funds ment. ‘‘(A) a partnership between—
made available under paragraph (2), the Ad- SEC. 60115. LOW-EMBODIED CARBON LABELING ‘‘(i) an Indian tribe, a local government, or
ministrator shall reserve 3 percent for ad- FOR CONSTRUCTION MATERIALS. an institution of higher education; and
ministrative costs necessary to carry out (a) IN GENERAL.—In addition to amounts ‘‘(ii) a community-based nonprofit organi-
this section, to provide technical assistance otherwise available, there is appropriated to zation;
to eligible entities, to develop a plan that the Administrator of the Environmental ‘‘(B) a community-based nonprofit organi-
could be used as a model by grantees in de- Protection Agency for fiscal year 2022, out of zation; or
veloping a plan under subsection (b), and to any money in the Treasury not otherwise ap- ‘‘(C) a partnership of community-based
model the effects of plans described in this propriated, $100,000,000, to remain available nonprofit organizations.
section. until September 30, 2026, for necessary ad- ‘‘(c) ADMINISTRATIVE COSTS.—The Adminis-
‘‘(b) GREENHOUSE GAS AIR POLLUTION PLAN- trator shall reserve 7 percent of the amounts
ministrative costs of the Administrator of
NING GRANTS.—The Administrator shall made available under subsection (a) for ad-
the Environmental Protection Agency to
make a grant to at least one eligible entity ministrative costs to carry out this section.
carry out this section and to develop and
in each State for the costs of developing a ‘‘(d) DEFINITION OF GREENHOUSE GAS.—In
carry out a program, in consultation with
plan for the reduction of greenhouse gas air this section, the term ‘greenhouse gas’
the Administrator of the Federal Highway
pollution to be submitted with an applica- means the air pollutants carbon dioxide,
Administration for construction materials
tion for a grant under subsection (c). Each hydrofluorocarbons, methane, nitrous oxide,
used in transportation projects and the Ad-
such plan shall include programs, policies, perfluorocarbons, and sulfur hexafluoride.’’.
ministrator of General Services for construc-
measures, and projects that will achieve or
tion materials used for Federal buildings, to
facilitate the reduction of greenhouse gas air SA 5274. Ms. ERNST submitted an
identify and label construction materials
pollution. Not later than 270 days after the amendment intended to be proposed to
and products that have substantially lower
date of enactment of this section, the Ad- amendment SA 5194 proposed by Mr.
levels of embodied greenhouse gas emissions
ministrator shall publish a funding oppor-
tunity announcement for grants under this
associated with all relevant stages of produc- SCHUMER to the bill H.R. 5376, to pro-
tion, use, and disposal, as compared to esti- vide for reconciliation pursuant to title
subsection.
‘‘(c) GREENHOUSE GAS AIR POLLUTION RE- mated industry averages of similar materials II of S. Con. Res. 14; which was ordered
DUCTION IMPLEMENTATION GRANTS.—
or products, as determined by the Adminis- to lie on the table; as follows:
‘‘(1) IN GENERAL.—The Administrator shall trator of the Environmental Protection
Agency, based on— On page 505, strike line 23 and all that fol-
competitively award grants to eligible enti- lows through page 506, line 24, and insert the
ties to implement plans developed under sub- (1) environmental product declarations; or
(2) determinations by State agencies, as following:
section (b). ‘‘(ii) LIFECYCLE GREENHOUSE GAS EMIS-
‘‘(2) APPLICATION.—To apply for a grant verified by the Administrator of the Envi-
SIONS.—The lifecycle greenhouse gas emis-
under this subsection, an eligible entity ronmental Protection Agency.
(b) DEFINITION OF GREENHOUSE GAS.—In sions of any transportation fuel shall be
shall submit to the Administrator an appli- based on the most recent determinations
this section, the term ‘‘greenhouse gas’’
cation at such time, in such manner, and under the Greenhouse gases, Regulated
means the air pollutants carbon dioxide,
containing such information as the Adminis- Emissions, and Energy use in Transportation
hydrofluorocarbons, methane, nitrous oxide,
trator shall require, which such application model developed by Argonne National Lab-
perfluorocarbons, and sulfur hexafluoride.
shall include information regarding the de- oratory, or a successor model (as determined
gree to which greenhouse gas air pollution is Subtitle B—Hazardous Materials by the Secretary).
projected to be reduced in total and with re- SEC. 60201. ENVIRONMENTAL AND CLIMATE JUS-
spect to low-income and disadvantaged com- TICE BLOCK GRANTS. SA 5275. Mr. CRUZ submitted an
munities. The Clean Air Act is amended by inserting amendment intended to be proposed to
‘‘(3) TERMS AND CONDITIONS.—The Adminis- after section 136, as added by subtitle A of amendment SA 5194 proposed by Mr.
trator shall make funds available to a grant- this title, the following:
SCHUMER to the bill H.R. 5376, to pro-
ee under this subsection in such amounts, ‘‘SEC. 137. ENVIRONMENTAL AND CLIMATE JUS-
TICE BLOCK GRANTS. vide for reconciliation pursuant to title
upon such a schedule, and subject to such
conditions based on its performance in im- ‘‘(a) APPROPRIATION.—In addition to II of S. Con. Res. 14; which was ordered
plementing its plan submitted under this amounts otherwise available, there is appro- to lie on the table; as follows:
section and in achieving projected green- priated to the Administrator for fiscal year On page 390, strike lines 1 through 18 and
house gas air pollution reduction, as deter- 2022, out of any money in the Treasury not insert the following:
mined by the Administrator. otherwise appropriated— ‘‘(7) EXCLUDED ENTITIES.—For purposes of
‘‘(d) DEFINITIONS.—In this section: ‘‘(1) $2,800,000,000 to remain available until this section, the term ‘new clean vehicle’
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible September 30, 2026, to award grants for the shall not include—
entity’ means— activities described in subsection (b); and ‘‘(A) any vehicle with respect to which any
‘‘(A) a State; ‘‘(2) $200,000,000 to remain available until of the applicable critical minerals contained
‘‘(B) an air pollution control agency; September 30, 2026, to provide technical as- in the battery of such vehicle (as described
dlhill on DSK120RN23PROD with SENATE
‘‘(C) a municipality; sistance to eligible entities related to grants in subsection (e)(1)(A)) were extracted, proc-
‘‘(D) an Indian tribe; and awarded under this section. essed, or recycled by a foreign entity of con-
‘‘(E) a group of one or more entities listed ‘‘(b) GRANTS.— cern (as defined in section 40207(a)(5) of the
in subparagraphs (A) through (D). ‘‘(1) IN GENERAL.—The Administrator shall Infrastructure Investment and Jobs Act (42
‘‘(2) GREENHOUSE GAS.—The term ‘green- use amounts made available under sub- U.S.C. 18741(a)(5))), or
house gas’ means the air pollutants carbon section (a)(1) to award grants for periods of ‘‘(B) any vehicle with respect to which any
dioxide, hydrofluorocarbons, methane, ni- up to 3 years to eligible entities to carry out of the components contained in the battery
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4257
of such vehicle (as described in subsection (b) EFFECTIVE DATE.—The amendments Communications Commission, out of any
(e)(2)(A)) were manufactured or assembled by made by this section shall apply to taxable money in the Treasury not otherwise appro-
a foreign entity of concern (as so defined).’’. years beginning after December 31, 2022. priated, $3,080,000,000 for fiscal year 2022, to
remain available until expended, to carry
SA 5276. Mr. CRUZ submitted an SA 5279. Mr. WICKER submitted an out the Secure and Trusted Communications
amendment intended to be proposed to amendment intended to be proposed to Networks Act of 2019 (47 U.S.C. 1601 et seq.).
amendment SA 5194 proposed by Mr. amendment SA 5194 proposed by Mr.
SCHUMER to the bill H.R. 5376, to pro- SCHUMER to the bill H.R. 5376, to pro- SA 5281. Mr. SANDERS (for himself
vide for reconciliation pursuant to title vide for reconciliation pursuant to title and Mr. MERKLEY) proposed an amend-
II of S. Con. Res. 14; which was ordered II of S. Con. Res. 14; which was ordered ment to amendment SA 5194 proposed
to lie on the table; as follows: to lie on the table; as follows: by Mr. SCHUMER to the bill H.R. 5376, to
On page 390, strike lines 1 through 18 and Strike section 40001 and insert the fol- provide for reconciliation pursuant to
insert the following: lowing: title II of S; as follows:
‘‘(7) EXCLUDED ENTITIES.— SEC. 40001. INVESTING IN COASTAL COMMU- Strike sections 13104 through 50265 and in-
‘‘(A) IN GENERAL.—For purposes of this sec- NITIES AND CLIMATE RESILIENCE. sert the following:
tion, the term ‘new clean vehicle’ shall not (a) IN GENERAL.—In addition to amounts SEC. 13104. ZERO-EMISSION NUCLEAR POWER
include— otherwise available, there is appropriated to PRODUCTION CREDIT.
‘‘(i) any vehicle with respect to which any the National Oceanic and Atmospheric Ad- (a) IN GENERAL.—Subpart D of part IV of
of the applicable critical minerals contained ministration for fiscal year 2022, out of any subchapter A of chapter 1 is amended by add-
in the battery of such vehicle (as described money in the Treasury not otherwise appro- ing at the end the following new section:
in subsection (e)(1)(A)) were extracted, proc- priated, $2,100,000,000, to remain available
‘‘SEC. 45U.
ZERO-EMISSION NUCLEAR POWER
essed, or recycled by a foreign entity of con- until September 30, 2026, to provide funding PRODUCTION CREDIT.
cern (as defined in section 40207(a)(5) of the through direct expenditure, contracts,
‘‘(a) AMOUNT OF CREDIT.—For purposes of
Infrastructure Investment and Jobs Act (42 grants, cooperative agreements, or technical
section 38, the zero-emission nuclear power
U.S.C. 18741(a)(5))), or assistance to coastal states (as defined in
production credit for any taxable year is an
‘‘(ii) any vehicle with respect to which any paragraph (4) of section 304 of the Coastal
amount equal to the amount by which—
of the components contained in the battery Zone Management Act of 1972 (16 U.S.C.
‘‘(1) the product of—
of such vehicle (as described in subsection 1453(4))), the District of Columbia, Tribal
‘‘(A) 0.3 cents, multiplied by
(e)(2)(A)) were manufactured or assembled by Governments, nonprofit organizations, local
‘‘(B) the kilowatt hours of electricity—
a foreign entity of concern (as so defined). governments, and institutions of higher edu-
‘‘(i) produced by the taxpayer at a qualified
‘‘(B) REGULATIONS AND GUIDANCE.—With re- cation (as defined in subsection (a) of section
nuclear power facility, and
spect to the requirements established under 101 of the Higher Education Act of 1965 (20
‘‘(ii) sold by the taxpayer to an unrelated
subparagraph (A), the Secretary may not U.S.C. 1001(a))), for the conservation, res-
person during the taxable year, exceeds
issue any regulations or other guidance toration, and protection of coastal and ma-
‘‘(2) the reduction amount for such taxable
which provides for exemptions from such re- rine habitats, resources, Pacific salmon, and
year.
quirements or otherwise weakens the imple- other marine fisheries, to enable coastal
‘‘(b) DEFINITIONS.—
mentation or enforcement of such require- communities to prepare for extreme storms
‘‘(1) QUALIFIED NUCLEAR POWER FACILITY.—
ments, including any exclusion of entities and other changing climate conditions, and
For purposes of this section, the term ‘quali-
owned by, controlled by, or subject to the ju- for projects that support natural resources
fied nuclear power facility’ means any nu-
risdiction or direction of the Government of that sustain coastal and marine resource de-
clear facility—
the People’s Republic of China as foreign en- pendent communities, marine fishery and
‘‘(A) which is owned by the taxpayer and
tities of concern (as so defined).’’. marine mammal stock assessments, and for
which uses nuclear energy to produce elec-
related administrative expenses.
(b) TRIBAL GOVERNMENT DEFINED.—In this tricity,
SA 5277. Mr. KENNEDY submitted an
section, the term ‘‘Tribal Government’’ ‘‘(B) which is not an advanced nuclear
amendment intended to be proposed to power facility as defined in subsection (d)(1)
amendment SA 5194 proposed by Mr. means the recognized governing body of any
Indian or Alaska Native tribe, band, nation, of section 45J, and
SCHUMER to the bill H.R. 5376, to pro- ‘‘(C) which is placed in service before the
pueblo, village, community, component
vide for reconciliation pursuant to title band, or component reservation, individually date of the enactment of this section.
II of S. Con. Res. 14; which was ordered identified (including parenthetically) in the ‘‘(2) REDUCTION AMOUNT.—
to lie on the table; as follows: list published most recently as of the date of ‘‘(A) IN GENERAL.—For purposes of this sec-
At the appropriate place, insert the fol- enactment of this subsection pursuant to tion, the term ‘reduction amount’ means,
lowing: section 104 of the Federally Recognized In- with respect to any qualified nuclear power
dian Tribe List Act of 1994 (25 U.S.C. 5131). facility for any taxable year, the amount
SEC. ll. REQUIREMENT TO FINALIZE RULE RE-
LATING TO CONTRACTOR AND (c) IMPROVING COAST GUARD HOUSING, MED- equal to the lesser of—
GRANTEE COMPLIANCE WITH TAX ICAL, AND CHILD CARE FACILITIES.—In addi- ‘‘(i) the amount determined under sub-
LAWS. tion to amounts otherwise available, there is section (a)(1), or
Not later than 90 days after the date of the appropriated to the Coast Guard for fiscal ‘‘(ii) the amount equal to 16 percent of the
enactment of this Act, the Director of the year 2022, out of any money in the Treasury excess of—
Office of Management and Budget shall final- not otherwise appropriated, $500,000,000, to ‘‘(I) subject to subparagraph (B), the gross
ize the rule to implement the requirement remain available until September 30, 2026, for receipts from any electricity produced by
under section 520 of division B of the Consoli- the improvement of Coast Guard operations such facility (including any electricity serv-
dated Appropriations Act, 2022 (Public Law through the procurement, construction, im- ices or products provided in conjunction with
117–103; 136 Stat. 148). provement, or repair of Coast Guard housing, the electricity produced by such facility) and
medical facilities, and child care facilities, sold to an unrelated person during such tax-
SA 5278. Mr. KENNEDY submitted an including procurement, construction, im- able year, over
amendment intended to be proposed to provement, or repair to improve the resil- ‘‘(II) the amount equal to the product of—
amendment SA 5194 proposed by Mr. ience of such facilities with respect to ex- ‘‘(aa) 2.5 cents, multiplied by
SCHUMER to the bill H.R. 5376, to pro- treme storms and other changing climate ‘‘(bb) the amount determined under sub-
conditions. section (a)(1)(B).
vide for reconciliation pursuant to title ‘‘(B) TREATMENT OF CERTAIN RECEIPTS.—
II of S. Con. Res. 14; which was ordered SA 5280. Mr. WICKER (for himself ‘‘(i) IN GENERAL.—Subject to clause (iii),
to lie on the table; as follows: and Mrs. FISCHER) submitted an the amount determined under subparagraph
At the appropriate place, insert the fol- amendment intended to be proposed to (A)(ii)(I) shall include any amount received
lowing: by the taxpayer during the taxable year with
amendment SA 5194 proposed by Mr.
SEC. llllll. RULES FOR INCREASED PRE- respect to the qualified nuclear power facil-
MIUM TAX CREDIT. SCHUMER to the bill H.R. 5376, to pro- ity from a zero-emission credit program. For
(a) IN GENERAL.—Section 36B(b)(3)(A) of vide for reconciliation pursuant to title purposes of determining the amount received
the Internal Revenue Code of 1986 is amended II of S. Con. Res. 14; which was ordered during such taxable year, the taxpayer shall
by adding at the end the following new to lie on the table; as follows: take into account any reductions required
dlhill on DSK120RN23PROD with SENATE
clause: Strike sections 40001 through 40007 and in- under such program.
‘‘(iv) SPECIAL RULES.—In the case of a tax- sert the following: ‘‘(ii) ZERO-EMISSION CREDIT PROGRAM.—For
able year to which clause (iii) applies, the SEC. 40001. FUNDING TO CARRY OUT SECURE purposes of this subparagraph, the term
Secretary may require an applicable tax- AND TRUSTED COMMUNICATIONS ‘zero-emission credit program’ means any
payer to provide any additional proof of in- NETWORKS ACT OF 2019. payments with respect to a qualified nuclear
come as the Secretary deems necessary to In addition to amounts otherwise avail- power facility as a result of any Federal,
avoid fraud and abuse of this section.’’. able, there is appropriated to the Federal State or local government program for, in
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S4258 CONGRESSIONAL RECORD — SENATE August 6, 2022
whole or in part, the zero-emission, zero-car- ‘‘(34) the zero-emission nuclear power pro- serting after section 40A the following new
bon, or air quality attributes of any portion duction credit determined under section section:
of the electricity produced by such facility. 45U(a).’’. ‘‘SEC. 40B. SUSTAINABLE AVIATION FUEL CREDIT.
‘‘(iii) EXCLUSION.—For purposes of clause (2) The table of sections for subpart D of ‘‘(a) IN GENERAL.—For purposes of section
(i), any amount received by the taxpayer part IV of subchapter A of chapter 1 is 38, the sustainable aviation fuel credit deter-
from a zero-emission credit program shall be amended by adding at the end the following mined under this section for the taxable year
excluded from the amount determined under new item: is, with respect to any sale or use of a quali-
subparagraph (A)(ii)(I) if the full amount of ‘‘Sec. 45U. Zero-emission nuclear power pro- fied mixture which occurs during such tax-
the credit calculated pursuant to subsection duction credit.’’. able year, an amount equal to the product
(a) (determined without regard to this sub- (c) EFFECTIVE DATE.—This section shall of—
paragraph) is used to reduce payments from apply to electricity produced and sold after ‘‘(1) the number of gallons of sustainable
such zero-emission credit program. December 31, 2023, in taxable years beginning aviation fuel in such mixture, multiplied by
‘‘(3) ELECTRICITY.—For purposes of this sec- after such date. ‘‘(2) the sum of—
tion, the term ‘electricity’ means the energy ‘‘(A) $1.25, plus
PART 2—CLEAN FUELS
produced by a qualified nuclear power facil- ‘‘(B) the applicable supplementary amount
SEC. 13201. EXTENSION OF INCENTIVES FOR BIO- with respect to such sustainable aviation
ity from the conversion of nuclear fuel into
DIESEL, RENEWABLE DIESEL AND
electric power. ALTERNATIVE FUELS.
fuel.
‘‘(c) OTHER RULES.— ‘‘(b) APPLICABLE SUPPLEMENTARY
(a) BIODIESEL AND RENEWABLE DIESEL AMOUNT.—For purposes of this section, the
‘‘(1) INFLATION ADJUSTMENT.—The 0.3 cent CREDIT.—Section 40A(g) is amended by strik-
amount in subsection (a)(1)(A) and the 2.5 term ‘applicable supplementary amount’
ing ‘‘December 31, 2022’’ and inserting ‘‘De- means, with respect to any sustainable avia-
cent amount in subsection (b)(2)(A)(ii)(II)(aa) cember 31, 2024’’.
shall each be adjusted by multiplying such tion fuel, an amount equal to $0.01 for each
(b) BIODIESEL MIXTURE CREDIT.— percentage point by which the lifecycle
amount by the inflation adjustment factor (1) IN GENERAL.—Section 6426(c)(6) is
(as determined under section 45(e)(2), as ap- greenhouse gas emissions reduction percent-
amended by striking ‘‘December 31, 2022’’ and age with respect to such fuel exceeds 50 per-
plied by substituting ‘calendar year 2023’ for inserting ‘‘December 31, 2024’’.
‘calendar year 1992’ in subparagraph (B) cent. In no event shall the applicable supple-
(2) FUELS NOT USED FOR TAXABLE PUR- mentary amount determined under this sub-
thereof) for the calendar year in which the POSES.—Section 6427(e)(6)(B) is amended by
sale occurs. If the 0.3 cent amount as in- section exceed $0.50.
striking ‘‘December 31, 2022’’ and inserting ‘‘(c) QUALIFIED MIXTURE.—For purposes of
creased under this paragraph is not a mul- ‘‘December 31, 2024’’. this section, the term ‘qualified mixture’
tiple of 0.05 cent, such amount shall be (c) ALTERNATIVE FUEL CREDIT.—Section means a mixture of sustainable aviation fuel
rounded to the nearest multiple of 0.05 cent. 6426(d)(5) is amended by striking ‘‘December and kerosene if—
If the 2.5 cent amount as increased under 31, 2021’’ and inserting ‘‘December 31, 2024’’. ‘‘(1) such mixture is produced by the tax-
this paragraph is not a multiple of 0.1 cent, (d) ALTERNATIVE FUEL MIXTURE CREDIT.— payer in the United States,
such amount shall be rounded to the nearest Section 6426(e)(3) is amended by striking ‘‘(2) such mixture is used by the taxpayer
multiple of 0.1 cent. ‘‘December 31, 2021’’ and inserting ‘‘Decem- (or sold by the taxpayer for use) in an air-
‘‘(2) SPECIAL RULES.—Rules similar to the ber 31, 2024’’. craft,
rules of paragraphs (1), (3), (4), and (5) of sec- (e) PAYMENTS FOR ALTERNATIVE FUELS.— ‘‘(3) such sale or use is in the ordinary
tion 45(e) shall apply for purposes of this sec- Section 6427(e)(6)(C) is amended by striking course of a trade or business of the taxpayer,
tion. ‘‘December 31, 2021’’ and inserting ‘‘Decem- and
‘‘(d) WAGE REQUIREMENTS.— ber 31, 2024’’. ‘‘(4) the transfer of such mixture to the
‘‘(1) INCREASED CREDIT AMOUNT FOR QUALI- (f) EFFECTIVE DATE.—The amendments fuel tank of such aircraft occurs in the
FIED NUCLEAR POWER FACILITIES.—In the case made by this section shall apply to fuel sold United States.
of any qualified nuclear power facility which or used after December 31, 2021. ‘‘(d) SUSTAINABLE AVIATION FUEL.—
satisfies the requirements of paragraph (g) SPECIAL RULE.—In the case of any al- ‘‘(1) IN GENERAL.—For purposes of this sec-
(2)(A), the amount of the credit determined ternative fuel credit properly determined tion, the term ‘sustainable aviation fuel’
under subsection (a) shall be equal to such under section 6426(d) of the Internal Revenue means liquid fuel, the portion of which is not
amount (as determined without regard to Code of 1986 for the period beginning on Jan- kerosene, which—
this sentence) multiplied by 5. uary 1, 2022, and ending with the close of the ‘‘(A) meets the requirements of—
‘‘(2) PREVAILING WAGE REQUIREMENTS.— last calendar quarter beginning before the ‘‘(i) ASTM International Standard D7566,
‘‘(A) IN GENERAL.—The requirements de- date of the enactment of this Act, such cred- or
scribed in this subparagraph with respect to it shall be allowed, and any refund or pay- ‘‘(ii) the Fischer Tropsch provisions of
any qualified nuclear power facility are that ment attributable to such credit (including ASTM International Standard D1655, Annex
the taxpayer shall ensure that any laborers any payment under section 6427(e) of such A1,
and mechanics employed by the taxpayer or Code) shall be made, only in such manner as ‘‘(B) is not derived from coprocessing an
any contractor or subcontractor in the alter- the Secretary of the Treasury (or the Sec- applicable material (or materials derived
ation or repair of such facility shall be paid retary’s delegate) shall provide. Such Sec- from an applicable material) with a feed-
wages at rates not less than the prevailing retary shall issue guidance within 30 days stock which is not biomass,
rates for alteration or repair of a similar after the date of the enactment of this Act ‘‘(C) is not derived from palm fatty acid
character in the locality in which such facil- providing for a one-time submission of distillates or petroleum, and
ity is located as most recently determined claims covering periods described in the pre- ‘‘(D) has been certified in accordance with
by the Secretary of Labor, in accordance ceding sentence. Such guidance shall provide subsection (e) as having a lifecycle green-
with subchapter IV of chapter 31 of title 40, for a 180-day period for the submission of house gas emissions reduction percentage of
United States Code. such claims (in such manner as prescribed by at least 50 percent.
‘‘(B) CORRECTION AND PENALTY RELATED TO such Secretary) to begin not later than 30 ‘‘(2) DEFINITIONS.—In this subsection—
FAILURE TO SATISFY WAGE REQUIREMENTS.— days after such guidance is issued. Such ‘‘(A) APPLICABLE MATERIAL.—The term ‘ap-
Rules similar to the rules of section claims shall be paid by such Secretary not plicable material’ means—
45(b)(7)(B) shall apply. later than 60 days after receipt. If such Sec- ‘‘(i) monoglycerides, diglycerides, and
‘‘(3) REGULATIONS AND GUIDANCE.—The Sec- retary has not paid pursuant to a claim filed triglycerides,
retary shall issue such regulations or other under this subsection within 60 days after ‘‘(ii) free fatty acids, and
guidance as the Secretary determines nec- the date of the filing of such claim, the ‘‘(iii) fatty acid esters.
essary to carry out the purposes of this sub- claim shall be paid with interest from such ‘‘(B) BIOMASS.—The term ‘biomass’ has the
section, including regulations or other guid- date determined by using the overpayment same meaning given such term in section
ance which provides for requirements for rec- rate and method under section 6621 of such 45K(c)(3).
ordkeeping or information reporting for pur- Code. ‘‘(e) LIFECYCLE GREENHOUSE GAS EMISSIONS
poses of administering the requirements of SEC. 13202. EXTENSION OF SECOND GENERATION REDUCTION PERCENTAGE.—For purposes of
this subsection. BIOFUEL INCENTIVES. this section, the term ‘lifecycle greenhouse
‘‘(e) TERMINATION.—This section shall not (a) IN GENERAL.—Section 40(b)(6)(J)(i) is gas emissions reduction percentage’ means,
apply to taxable years beginning after De- amended by striking ‘‘2022’’ and inserting with respect to any sustainable aviation
cember 31, 2032.’’. ‘‘2025’’. fuel, the percentage reduction in lifecycle
(b) CONFORMING AMENDMENTS.— (b) EFFECTIVE DATE.—The amendment greenhouse gas emissions achieved by such
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(1) Section 38(b) is amended— made by subsection (a) shall apply to quali- fuel as compared with petroleum-based jet
(A) in paragraph (32), by striking ‘‘plus’’ at fied second generation biofuel production fuel, as defined in accordance with—
the end, after December 31, 2021. ‘‘(1) the most recent Carbon Offsetting and
(B) in paragraph (33), by striking the pe- SEC. 13203. SUSTAINABLE AVIATION FUEL CRED- Reduction Scheme for International Avia-
riod at the end and inserting ‘‘, plus’’, and IT. tion which has been adopted by the Inter-
(C) by adding at the end the following new (a) IN GENERAL.—Subpart D of part IV of national Civil Aviation Organization with
paragraph: subchapter A of chapter 1 is amended by in- the agreement of the United States, or
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4259
‘‘(2) any similar methodology which satis- (i) in subsection (a)(1), by striking ‘‘and the applicable percentage shall be 20 percent.
fies the criteria under section 211(o)(1)(H) of (e)’’ and inserting ‘‘(e), and (k)’’, and ‘‘(B) In the case of any qualified clean hy-
the Clean Air Act (42 U.S.C. 7545(o)(1)(H)), as (ii) in subsection (h), by striking ‘‘under drogen which is produced through a process
in effect on the date of enactment of this section 40 or 40A’’ and inserting ‘‘under sec- that results in a lifecycle greenhouse gas
section. tion 40, 40A, or 40B’’. emissions rate of—
‘‘(f) REGISTRATION OF SUSTAINABLE AVIA- (B) Section 6427(e) is amended— ‘‘(i) less than 2.5 kilograms of CO2e per
TION FUEL PRODUCERS.—No credit shall be al- (i) in the heading, by striking ‘‘OR ALTER- kilogram of hydrogen, and
lowed under this section with respect to any NATIVE FUEL’’ and inserting, ‘‘ALTERNATIVE ‘‘(ii) not less than 1.5 kilograms of CO2e
sustainable aviation fuel unless the producer FUEL, OR SUSTAINABLE AVIATION FUEL’’, per kilogram of hydrogen,
or importer of such fuel— (ii) in paragraph (1), by inserting ‘‘or the the applicable percentage shall be 25 percent.
‘‘(1) is registered with the Secretary under sustainable aviation fuel mixture credit’’ ‘‘(C) In the case of any qualified clean hy-
section 4101, and after ‘‘alternative fuel mixture credit’’, and drogen which is produced through a process
‘‘(2) provides— (iii) in paragraph (6)— that results in a lifecycle greenhouse gas
‘‘(A) certification (in such form and man- (I) in subparagraph (C), by striking ‘‘and’’ emissions rate of—
ner as the Secretary shall prescribe) from an at the end, ‘‘(i) less than 1.5 kilograms of CO2e per
unrelated party demonstrating compliance (II) in subparagraph (D), by striking the kilogram of hydrogen, and
with— period at the end and inserting ‘‘, and’’, and ‘‘(ii) not less than 0.45 kilograms of CO2e
‘‘(i) any general requirements, supply (III) by adding at the end the following new
chain traceability requirements, and infor- per kilogram of hydrogen,
subparagraph:
mation transmission requirements estab- the applicable percentage shall be 33.4 per-
‘‘(E) any qualified mixture of sustainable
lished under the Carbon Offsetting and Re- cent.
aviation fuel (as defined in section 6426(k)(3))
duction Scheme for International Aviation ‘‘(D) In the case of any qualified clean hy-
sold or used after December 31, 2024.’’.
described in paragraph (1) of subsection (e), drogen which is produced through a process
(C) Section 4101(a)(1) is amended by insert-
or that results in a lifecycle greenhouse gas
ing ‘‘every person producing or importing
‘‘(ii) in the case of any methodology estab- sustainable aviation fuel (as defined in sec- emissions rate of less than 0.45 kilograms of
lished under paragraph (2) of such sub- tion 40B),’’ before ‘‘and every person pro- CO2e per kilogram of hydrogen, the applica-
section, requirements similar to the require- ducing second generation biofuel’’. ble percentage shall be 100 percent.
ments described in clause (i), and (D) The table of sections for subpart D of ‘‘(3) INFLATION ADJUSTMENT.—The $0.60
‘‘(B) such other information with respect subchapter A of chapter 1 is amended by in- amount in paragraph (1) shall be adjusted by
to such fuel as the Secretary may require for serting after the item relating to section 40A multiplying such amount by the inflation
purposes of carrying out this section. the following new item: adjustment factor (as determined under sec-
‘‘(g) COORDINATION WITH CREDIT AGAINST tion 45(e)(2), determined by substituting
‘‘Sec. 40B. Sustainable aviation fuel cred-
EXCISE TAX.—The amount of the credit de- ‘2022’ for ‘1992’ in subparagraph (B) thereof)
it.’’.
termined under this section with respect to (e) AMOUNT OF CREDIT INCLUDED IN GROSS for the calendar year in which the qualified
any sustainable aviation fuel shall, under INCOME.—Section 87 is amended by striking clean hydrogen is produced. If any amount as
rules prescribed by the Secretary, be prop- ‘‘and’’ in paragraph (1), by striking the pe- increased under the preceding sentence is
erly reduced to take into account any ben- riod at the end of paragraph (2) and inserting not a multiple of 0.1 cent, such amount shall
efit provided with respect to such sustain- ‘‘, and’’, and by adding at the end the fol- be rounded to the nearest multiple of 0.1
able aviation fuel solely by reason of the ap- lowing new paragraph: cent.
plication of section 6426 or 6427(e). ‘‘(3) the sustainable aviation fuel credit de-
‘‘(h) TERMINATION.—This section shall not ‘‘(c) DEFINITIONS.—For purposes of this sec-
termined with respect to the taxpayer for tion—
apply to any sale or use after December 31,
the taxable year under section 40B(a).’’. ‘‘(1) LIFECYCLE GREENHOUSE GAS EMIS-
2024.’’.
(f) EFFECTIVE DATE.—The amendments SIONS.—
(b) CREDIT MADE PART OF GENERAL BUSI-
made by this section shall apply to fuel sold ‘‘(A) IN GENERAL.—Subject to subparagraph
NESS CREDIT.— Section 38(b), as amended by
or used after December 31, 2022. (B), the term ‘lifecycle greenhouse gas emis-
the preceding provisions of this Act, is
SEC. 13204. CLEAN HYDROGEN. sions’ has the same meaning given such term
amended by striking ‘‘plus’’ at the end of
paragraph (33), by striking the period at the (a) CREDIT FOR PRODUCTION OF CLEAN HY- under subparagraph (H) of section 211(o)(1) of
end of paragraph (34) and inserting ‘‘, plus’’, DROGEN.— the Clean Air Act (42 U.S.C. 7545(o)(1)), as in
and by inserting after paragraph (34) the fol- (1) IN GENERAL.—Subpart D of part IV of effect on the date of enactment of this sec-
lowing new paragraph: subchapter A of chapter 1, as amended by the tion.
‘‘(35) the sustainable aviation fuel credit preceding provisions of this Act, is amended ‘‘(B) GREET MODEL.—The term ‘lifecycle
determined under section 40B.’’. by adding at the end the following new sec-
greenhouse gas emissions’ shall only include
(c) COORDINATION WITH BIODIESEL INCEN- tion:
emissions through the point of production
TIVES.— ‘‘SEC. 45V. CREDIT FOR PRODUCTION OF CLEAN
(well-to-gate), as determined under the most
(1) IN GENERAL.—Section 40A(d)(1) is HYDROGEN.
recent Greenhouse gases, Regulated Emis-
amended by inserting ‘‘or 40B’’ after ‘‘deter- ‘‘(a) AMOUNT OF CREDIT.—For purposes of
sions, and Energy use in Transportation
mined under section 40’’. section 38, the clean hydrogen production
model (commonly referred to as the ‘GREET
(2) CONFORMING AMENDMENT.—Section credit for any taxable year is an amount
model’) developed by Argonne National Lab-
40A(f) is amended by striking paragraph (4). equal to the product of—
‘‘(1) the kilograms of qualified clean hydro- oratory, or a successor model (as determined
(d) SUSTAINABLE AVIATION FUEL ADDED TO
gen produced by the taxpayer during such by the Secretary).
CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND
ALTERNATIVE FUEL MIXTURES.— taxable year at a qualified clean hydrogen ‘‘(2) QUALIFIED CLEAN HYDROGEN.—
(1) IN GENERAL.—Section 6426 is amended production facility during the 10-year period ‘‘(A) IN GENERAL.—The term ‘qualified
by adding at the end the following new sub- beginning on the date such facility was origi- clean hydrogen’ means hydrogen which is
section: nally placed in service, multiplied by produced through a process that results in a
‘‘(k) SUSTAINABLE AVIATION FUEL CREDIT.— ‘‘(2) the applicable amount (as determined lifecycle greenhouse gas emissions rate of
‘‘(1) IN GENERAL.—For purposes of this sec- under subsection (b)) with respect to such not greater than 4 kilograms of CO2e per
tion, the sustainable aviation fuel credit for hydrogen. kilogram of hydrogen.
the taxable year is, with respect to any sale ‘‘(b) APPLICABLE AMOUNT.— ‘‘(B) ADDITIONAL REQUIREMENTS.—Such
or use of a qualified mixture, an amount ‘‘(1) IN GENERAL.—For purposes of sub- term shall not include any hydrogen unless—
equal to the product of— section (a)(2), the applicable amount shall be ‘‘(i) such hydrogen is produced—
‘‘(A) the number of gallons of sustainable an amount equal to the applicable percent- ‘‘(I) in the United States (as defined in sec-
aviation fuel in such mixture, multiplied by age of $0.60. If any amount as determined tion 638(1)) or a possession of the United
‘‘(B) the sum of— under the preceding sentence is not a mul- States (as defined in section 638(2)),
‘‘(i) $1.25, plus tiple of 0.1 cent, such amount shall be round- ‘‘(II) in the ordinary course of a trade or
‘‘(ii) the applicable supplementary amount ed to the nearest multiple of 0.1 cent. business of the taxpayer, and
with respect to such sustainable aviation ‘‘(2) APPLICABLE PERCENTAGE.—For pur- ‘‘(III) for sale or use, and
fuel. poses of paragraph (1), the applicable per- ‘‘(ii) the production and sale or use of such
‘‘(2) DEFINITIONS.—Any term used in this centage shall be determined as follows: hydrogen is verified by an unrelated party.
subsection which is also used in section 40B ‘‘(A) In the case of any qualified clean hy- ‘‘(C) PROVISIONAL EMISSIONS RATE.—In the
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shall have the meaning given such term by drogen which is produced through a process case of any hydrogen for which a lifecycle
section 40B. that results in a lifecycle greenhouse gas greenhouse gas emissions rate has not been
‘‘(3) REGISTRATION REQUIREMENT.—For pur- emissions rate of— determined for purposes of this section, a
poses of this subsection, rules similar to the ‘‘(i) not greater than 4 kilograms of CO2e taxpayer producing such hydrogen may file a
rules of section 40B(f) shall apply.’’. per kilogram of hydrogen, and petition with the Secretary for determina-
(2) CONFORMING AMENDMENTS.— ‘‘(ii) not less than 2.5 kilograms of CO2e tion of the lifecycle greenhouse gas emis-
(A) Section 6426 is amended— per kilogram of hydrogen, sions rate with respect to such hydrogen.
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S4260 CONGRESSIONAL RECORD — SENATE August 6, 2022
‘‘(3) QUALIFIED CLEAN HYDROGEN PRODUC- ance which provides for requirements for rec- payer to an unrelated person during the tax-
TION FACILITY.—The term ‘qualified clean hy- ordkeeping or information reporting for pur- able year if—
drogen production facility’ means a facil- poses of administering the requirements of ‘‘(A) such electricity is used during such
ity— this subsection. taxable year by the taxpayer or a person re-
‘‘(A) owned by the taxpayer, ‘‘(f) REGULATIONS.—Not later than 1 year lated to the taxpayer at a qualified clean hy-
‘‘(B) which produces qualified clean hydro- after the date of enactment of this section, drogen production facility (as defined in sec-
gen, and the Secretary shall issue regulations or tion 45V(c)(3)) to produce qualified clean hy-
‘‘(C) the construction of which begins be- other guidance to carry out the purposes of drogen (as defined in section 45V(c)(2)), and
fore January 1, 2033. this section, including regulations or other ‘‘(B) such use and production is verified (in
‘‘(d) SPECIAL RULES.— guidance for determining lifecycle green- such form or manner as the Secretary may
‘‘(1) TREATMENT OF FACILITIES OWNED BY house gas emissions.’’. prescribe) by an unrelated third party.’’.
MORE THAN 1 TAXPAYER.—Rules similar to the (2) CREDIT REDUCED FOR TAX-EXEMPT (2) SIMILAR RULE FOR ZERO-EMISSION NU-
rules section 45(e)(3) shall apply for purposes BONDS.—Section 45V(d), as added by this sec- CLEAR POWER PRODUCTION CREDIT.—Sub-
of this section. tion, is amended by adding at the end the section (c)(2) of section 45U, as added by sec-
‘‘(2) COORDINATION WITH CREDIT FOR CARBON following new paragraph: tion 13105 of this Act, is amended by striking
OXIDE SEQUESTRATION.—No credit shall be al- ‘‘(3) CREDIT REDUCED FOR TAX-EXEMPT ‘‘and (5)’’ and inserting ‘‘(5), and (13)’’.
lowed under this section with respect to any BONDS.—Rules similar to the rule under sec- (3) EFFECTIVE DATE.—The amendments
qualified clean hydrogen produced at a facil- tion 45(b)(3) shall apply for purposes of this made by this subsection shall apply to elec-
ity which includes carbon capture equipment section.’’. tricity produced after December 31, 2022.
for which a credit is allowed to any taxpayer (3) MODIFICATION OF EXISTING FACILITIES.— (c) ELECTION TO TREAT CLEAN HYDROGEN
under section 45Q for the taxable year or any Section 45V(d), as added and amended by the PRODUCTION FACILITIES AS ENERGY PROP-
prior taxable year. ERTY.—
preceding provisions of this section, is
‘‘(e) INCREASED CREDIT AMOUNT FOR QUALI- (1) IN GENERAL.—Section 48(a), as amended
amended by adding at the end the following
FIED CLEAN HYDROGEN PRODUCTION FACILI- by the preceding provisions of this Act, is
new paragraph:
TIES.— amended—
‘‘(4) MODIFICATION OF EXISTING FACILITIES.—
‘‘(1) IN GENERAL.—In the case of any quali- (A) by redesignating paragraph (15) as
For purposes of subsection (a)(1), in the case
fied clean hydrogen production facility paragraph (16), and
of any facility which—
which satisfies the requirements of para- (B) by inserting after paragraph (14) the
‘‘(A) was originally placed in service before
graph (2), the amount of the credit deter- following new paragraph:
mined under subsection (a) with respect to January 1, 2023, and, prior to the modifica-
‘‘(15) ELECTION TO TREAT CLEAN HYDROGEN
qualified clean hydrogen described in sub- tion described in subparagraph (B), did not
PRODUCTION FACILITIES AS ENERGY PROP-
section (b)(2) shall be equal to such amount produce qualified clean hydrogen, and
ERTY.—
(determined without regard to this sentence) ‘‘(B) after the date such facility was origi-
‘‘(A) IN GENERAL.—In the case of any quali-
multiplied by 5. nally placed in service—
fied property (as defined in paragraph (5)(D))
‘‘(2) REQUIREMENTS.—A facility meets the ‘‘(i) is modified to produce qualified clean
which is part of a specified clean hydrogen
requirements of this paragraph if it is one of hydrogen, and
production facility—
the following: ‘‘(ii) amounts paid or incurred with respect ‘‘(i) such property shall be treated as en-
‘‘(A) A facility— to such modification are properly chargeable ergy property for purposes of this section,
‘‘(i) the construction of which begins prior to capital account of the taxpayer, and
to the date that is 60 days after the Sec- such facility shall be deemed to have been ‘‘(ii) the energy percentage with respect to
retary publishes guidance with respect to the originally placed in service as of the date such property is—
requirements of paragraphs (3)(A) and (4), that the property required to complete the ‘‘(I) in the case of a facility which is de-
and modification described in subparagraph (B) signed and reasonably expected to produce
‘‘(ii) which meets the requirements of para- is placed in service.’’. qualified clean hydrogen which is described
graph (3)(A) with respect to alteration or re- (4) CONFORMING AMENDMENTS.— in a subparagraph (A) of section 45V(b)(2), 1.2
pair of such facility which occurs after such (A) Section 38(b), as amended by the pre- percent,
date. ceding provisions of this Act, is amended— ‘‘(II) in the case of a facility which is de-
‘‘(B) A facility which satisfies the require- (i) in paragraph (34), by striking ‘‘plus’’ at signed and reasonably expected to produce
ments of paragraphs (3)(A) and (4). the end, qualified clean hydrogen which is described
‘‘(3) PREVAILING WAGE REQUIREMENTS.— (ii) in paragraph (35), by striking the pe- in a subparagraph (B) of such section, 1.5 per-
‘‘(A) IN GENERAL.—The requirements de- riod at the end and inserting ‘‘, plus’’, and cent,
scribed in this subparagraph with respect to (iii) by adding at the end the following new ‘‘(III) in the case of a facility which is de-
any qualified clean hydrogen production fa- paragraph: signed and reasonably expected to produce
cility are that the taxpayer shall ensure that ‘‘(36) the clean hydrogen production credit qualified clean hydrogen which is described
any laborers and mechanics employed by the determined under section 45V(a).’’. in a subparagraph (C) of such section, 2 per-
taxpayer or any contractor or subcontractor (B) The table of sections for subpart D of cent, and
in— part IV of subchapter A of chapter 1, as ‘‘(IV) in the case of a facility which is de-
‘‘(i) the construction of such facility, and amended by the preceding provisions of this signed and reasonably expected to produce
‘‘(ii) with respect to any taxable year, for Act, is amended by adding at the end the fol- qualified clean hydrogen which is described
any portion of such taxable year which is lowing new item: in subparagraph (D) of such section, 6 per-
within the period described in subsection ‘‘Sec. 45V. Credit for production of clean hy- cent.
(a)(2), the alteration or repair of such facil- drogen.’’. ‘‘(B) DENIAL OF PRODUCTION CREDIT.—No
ity, (5) EFFECTIVE DATES.— credit shall be allowed under section 45V or
shall be paid wages at rates not less than the (A) IN GENERAL.—The amendments made section 45Q for any taxable year with respect
prevailing rates for construction, alteration, by paragraphs (1) and (4) of this subsection to any specified clean hydrogen production
or repair of a similar character in the local- shall apply to hydrogen produced after De- facility or any carbon capture equipment in-
ity in which such facility is located as most cember 31, 2022. cluded at such facility.
recently determined by the Secretary of (B) CREDIT REDUCED FOR TAX-EXEMPT ‘‘(C) SPECIFIED CLEAN HYDROGEN PRODUC-
Labor, in accordance with subchapter IV of BONDS.—The amendment made by paragraph TION FACILITY.—For purposes of this para-
chapter 31 of title 40, United States Code. (2) shall apply to facilities the construction graph, the term ‘specified clean hydrogen
For purposes of determining an increased of which begins after the date of enactment production facility’ means any qualified
credit amount under paragraph (1) for a tax- of this Act. clean hydrogen production facility (as de-
able year, the requirement under clause (ii) (C) MODIFICATION OF EXISTING FACILITIES.— fined in section 45V(c)(3))—
of this subparagraph is applied to such tax- The amendment made by paragraph (3) shall ‘‘(i) which is placed in service after Decem-
able year in which the alteration or repair of apply to modifications made after December ber 31, 2022,
qualified facility occurs. 31, 2022. ‘‘(ii) with respect to which—
‘‘(B) CORRECTION AND PENALTY RELATED TO (b) CREDIT FOR ELECTRICITY PRODUCED ‘‘(I) no credit has been allowed under sec-
FAILURE TO SATISFY WAGE REQUIREMENTS.— FROM RENEWABLE RESOURCES ALLOWED IF tion 45V or 45Q, and
Rules similar to the rules of section ELECTRICITY IS USED TO PRODUCE CLEAN HY- ‘‘(II) the taxpayer makes an irrevocable
45(b)(7)(B) shall apply. DROGEN.— election to have this paragraph apply, and
‘‘(4) APPRENTICESHIP REQUIREMENTS.—Rules (1) IN GENERAL.—Section 45(e), as amended ‘‘(iii) for which an unrelated third party
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similar to the rules of section 45(b)(8) shall by the preceding provisions of this Act, is has verified (in such form or manner as the
apply. amended by adding at the end the following Secretary may prescribe) that such facility
‘‘(5) REGULATIONS AND GUIDANCE.—The Sec- new paragraph: produces hydrogen through a process which
retary shall issue such regulations or other ‘‘(13) SPECIAL RULE FOR ELECTRICITY USED results in lifecycle greenhouse gas emissions
guidance as the Secretary determines nec- AT A QUALIFIED CLEAN HYDROGEN PRODUCTION which are consistent with the hydrogen that
essary to carry out the purposes of this sub- FACILITY.—Electricity produced by the tax- such facility was designed and expected to
section, including regulations or other guid- payer shall be treated as sold by such tax- produce under subparagraph (A)(ii).
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4261
‘‘(D) QUALIFIED CLEAN HYDROGEN.—For pur- ‘‘(A) $250 in the case of any exterior door, ‘‘(ii) has a thermal efficiency rating of at
poses of this paragraph, the term ‘qualified and least 75 percent (measured by the higher
clean hydrogen’ has the meaning given such ‘‘(B) $500 in the aggregate with respect to heating value of the fuel).
term by section 45V(c)(2). all exterior doors. ‘‘(C) Any oil furnace or hot water boiler
‘‘(E) REGULATIONS.—The Secretary shall ‘‘(5) HEAT PUMP AND HEAT PUMP WATER which—
issue such regulations or other guidance as HEATERS; BIOMASS STOVES AND BOILERS.—Not- ‘‘(i) is placed in service after December 31,
the Secretary determines necessary to carry withstanding paragraphs (1) and (2), the cred- 2022, and before January 1, 2027, and—
out the purposes of this section, including it allowed under this section by reason of ‘‘(I) meets or exceeds 2021 Energy Star effi-
regulations or other guidance which recap- subsection (a)(2) with respect to any tax- ciency criteria, and
tures so much of any credit allowed under payer for any taxable year shall not, in the ‘‘(II) is rated by the manufacturer for use
this section as exceeds the amount of the aggregate, exceed $2,000 with respect to with fuel blends at least 20 percent of the
credit which would have been allowed if the amounts paid or incurred for property de- volume of which consists of an eligible fuel,
expected production were consistent with scribed in clauses (i) and (ii) of subsection or
the actual verified production (or all of the (d)(2)(A) and in subsection (d)(2)(B).’’. ‘‘(ii) is placed in service after December 31,
credit so allowed in the absence of such (d) MODIFICATIONS RELATED TO QUALIFIED 2026, and—
verification).’’. ENERGY EFFICIENCY IMPROVEMENTS.— ‘‘(I) achieves an annual fuel utilization ef-
(2) CONFORMING AMENDMENT.—Paragraph (1) STANDARDS FOR ENERGY EFFICIENT ficiency rate of not less than 90, and
(9)(A)(i) of section 48(a), as added by section BUILDING ENVELOPE COMPONENTS.—Section ‘‘(II) is rated by the manufacturer for use
13102, is amended by inserting ‘‘and para- 25C(c)(2) is amended by striking ‘‘meets—’’ with fuel blends at least 50 percent of the
graph (15)’’ after ‘‘paragraphs (1) through and all that follows through the period at volume of which consists of an eligible fuel.
(8)’’. the end and inserting the following: ‘‘(D) Any improvement to, or replacement
(3) EFFECTIVE DATE.—The amendments ‘‘meets— of, a panelboard, sub-panelboard, branch cir-
made by this subsection shall apply to prop- ‘‘(A) in the case of an exterior window or cuits, or feeders which—
erty placed in service after December 31, skylight, Energy Star most efficient certifi- ‘‘(i) is installed in a manner consistent
2022, and, for any property the construction cation requirements, with the National Electric Code,
of which begins prior to January 1, 2023, only ‘‘(B) in the case of an exterior door, appli- ‘‘(ii) has a load capacity of not less than
to the extent of the basis thereof attrib- cable Energy Star requirements, and 200 amps,
utable to the construction, reconstruction, ‘‘(C) in the case of any other component, ‘‘(iii) is installed in conjunction with—
or erection after December 31, 2022. the prescriptive criteria for such component ‘‘(I) any qualified energy efficiency im-
(d) TERMINATION OF EXCISE TAX CREDIT FOR provements, or
established by the most recent International
HYDROGEN.— ‘‘(II) any qualified energy property de-
Energy Conservation Code standard in effect
(1) IN GENERAL.—Section 6426(d)(2) is scribed in subparagraphs (A) through (C) for
as of the beginning of the calendar year
amended by striking subparagraph (D) and which a credit is allowed under this section
which is 2 years prior to the calendar year in
by redesignating subparagraphs (E), (F), and for expenditures with respect to such prop-
which such component is placed in service.’’.
(G) as subparagraphs (D), (E), and (F), re- erty, and
(2) ROOFS NOT TREATED AS BUILDING ENVE-
spectively. ‘‘(iv) enables the installation and use of
LOPE COMPONENTS.—Section 25C(c)(3) is
(2) CONFORMING AMENDMENT.—Section
any property described in subclause (I) or (II)
amended by adding ‘‘and’’ at the end of sub-
6426(e)(2) is amended by striking ‘‘(F)’’ and of clause (iii).
paragraph (B), by striking ‘‘, and’’ at the end
inserting ‘‘(E)’’. ‘‘(3) ELIGIBLE FUEL.—For purposes of para-
of subparagraph (C) and inserting a period,
(3) EFFECTIVE DATE.—The amendments graph (2), the term ‘eligible fuel’ means—
and by striking subparagraph (D).
made by this subsection shall apply to fuel ‘‘(A) biodiesel and renewable diesel (within
(3) AIR SEALING INSULATION ADDED TO DEFI-
sold or used after December 31, 2022. the meaning of section 40A), and
NITION OF BUILDING ENVELOPE COMPONENT.—
‘‘(B) second generation biofuel (within the
PART 3—CLEAN ENERGY AND EFFICIENCY Section 25C(c)(3)(A) is amended by inserting
meaning of section 40).’’.
INCENTIVES FOR INDIVIDUALS ‘‘, including air sealing material or system,’’ (f) HOME ENERGY AUDITS.—
SEC. 13301. EXTENSION, INCREASE, AND MODI- after ‘‘material or system’’. (1) IN GENERAL.—Section 25C(a), as amend-
FICATIONS OF NONBUSINESS EN- (e) MODIFICATION OF RESIDENTIAL ENERGY ed by subsection (b), is amended by striking
ERGY PROPERTY CREDIT. PROPERTY EXPENDITURES.—Section 25C(d) is ‘‘and’’ at the end of paragraph (1), by strik-
(a) EXTENSION OF CREDIT.—Section amended to read as follows: ing the period at the end of paragraph (2) and
25C(g)(2) is amended by striking ‘‘December ‘‘(d) RESIDENTIAL ENERGY PROPERTY EX- inserting ‘‘, and’’, and by adding at the end
31, 2021’’ and inserting ‘‘December 31, 2032’’. PENDITURES.—For purposes of this section— the following new paragraph:
(b) ALLOWANCE OF CREDIT.—Section 25C(a) ‘‘(1) IN GENERAL.—The term ‘residential en- ‘‘(3) the amount paid or incurred by the
is amended to read as follows: ergy property expenditures’ means expendi- taxpayer during the taxable year for home
‘‘(a) ALLOWANCE OF CREDIT.—In the case of tures made by the taxpayer for qualified en- energy audits.’’.
an individual, there shall be allowed as a ergy property which is— (2) LIMITATION.—Section 25C(b), as amend-
credit against the tax imposed by this chap- ‘‘(A) installed on or in connection with a ed by subsection (c), is amended adding at
ter for the taxable year an amount equal to dwelling unit located in the United States the end the following new paragraph:
30 percent of the sum of— and used as a residence by the taxpayer, and ‘‘(6) HOME ENERGY AUDITS.—
‘‘(1) the amount paid or incurred by the ‘‘(B) originally placed in service by the ‘‘(A) DOLLAR LIMITATION.—The amount of
taxpayer for qualified energy efficiency im- taxpayer. the credit allowed under this section by rea-
provements installed during such taxable Such term includes expenditures for labor son of subsection (a)(3) shall not exceed $150.
year, and costs properly allocable to the onsite prepa- ‘‘(B) SUBSTANTIATION REQUIREMENT.—No
‘‘(2) the amount of the residential energy ration, assembly, or original installation of credit shall be allowed under this section by
property expenditures paid or incurred by the property. reason of subsection (a)(3) unless the tax-
the taxpayer during such taxable year.’’. ‘‘(2) QUALIFIED ENERGY PROPERTY.—The payer includes with the taxpayer’s return of
(c) APPLICATION OF ANNUAL LIMITATION IN term ‘qualified energy property’ means any tax such information or documentation as
LIEU OF LIFETIME LIMITATION.—Section of the following: the Secretary may require.’’.
25C(b) is amended to read as follows: ‘‘(A) Any of the following which meet or (3) HOME ENERGY AUDITS.—
‘‘(b) LIMITATIONS.— exceed the highest efficiency tier (not in- (A) IN GENERAL.—Section 25C is amended
‘‘(1) IN GENERAL.—The credit allowed under cluding any advanced tier) established by the by redesignating subsections (e), (f), and (g),
this section with respect to any taxpayer for Consortium for Energy Efficiency which is in as subsections (f), (g), and (h), respectively,
any taxable year shall not exceed $1,200. effect as of the beginning of the calendar and by inserting after subsection (d) the fol-
‘‘(2) ENERGY PROPERTY.—The credit allowed year in which the property is placed in serv- lowing new subsection:
under this section by reason of subsection ice: ‘‘(e) HOME ENERGY AUDITS.—For purposes
(a)(2) with respect to any taxpayer for any ‘‘(i) An electric or natural gas heat pump of this section, the term ‘home energy audit’
taxable year shall not exceed, with respect water heater. means an inspection and written report with
to any item of qualified energy property, ‘‘(ii) An electric or natural gas heat pump. respect to a dwelling unit located in the
$600. ‘‘(iii) A central air conditioner. United States and owned or used by the tax-
‘‘(3) WINDOWS.—The credit allowed under ‘‘(iv) A natural gas, propane, or oil water payer as the taxpayer’s principal residence
this section by reason of subsection (a)(1) heater. (within the meaning of section 121) which—
with respect to any taxpayer for any taxable ‘‘(v) A natural gas, propane, or oil furnace ‘‘(1) identifies the most significant and
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year shall not exceed, in the aggregate with or hot water boiler. cost-effective energy efficiency improve-
respect to all exterior windows and sky- ‘‘(B) A biomass stove or boiler which— ments with respect to such dwelling unit, in-
lights, $600. ‘‘(i) uses the burning of biomass fuel to cluding an estimate of the energy and cost
‘‘(4) DOORS.—The credit allowed under this heat a dwelling unit located in the United savings with respect to each such improve-
section by reason of subsection (a)(1) with re- States and used as a residence by the tax- ment, and
spect to any taxpayer for any taxable year payer, or to heat water for use in such a ‘‘(2) is conducted and prepared by a home
shall not exceed— dwelling unit, and energy auditor that meets the certification
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S4262 CONGRESSIONAL RECORD — SENATE August 6, 2022
or other requirements specified by the Sec- ‘‘(S) an omission of a correct product iden- (d) EFFECTIVE DATES.—
retary in regulations or other guidance (as tification number required under section (1) IN GENERAL.—Except as provided in
prescribed by the Secretary not later than 25C(h) (relating to credit for nonbusiness en- paragraph (2), the amendments made by this
365 days after the date of the enactment of ergy property) to be included on a return.’’. section shall apply to expenditures made
this subsection).’’. (h) ENERGY EFFICIENT HOME IMPROVEMENT after December 31, 2021.
(B) CONFORMING AMENDMENT.—Section CREDIT.— (2) RESIDENTIAL CLEAN ENERGY CREDIT FOR
1016(a)(33) is amended by striking ‘‘section (1) IN GENERAL.—The heading for section BATTERY STORAGE TECHNOLOGY; CERTAIN EX-
25C(f)’’ and inserting ‘‘section 25C(g)’’. 25C is amended by striking ‘‘NONBUSINESS EN- PENDITURES DISALLOWED.—The amendments
(4) LACK OF SUBSTANTIATION TREATED AS ERGY PROPERTY’’ and inserting ‘‘ENERGY EFFI- made by subsection (b) shall apply to expend-
MATHEMATICAL OR CLERICAL ERROR.—Section CIENT HOME IMPROVEMENT CREDIT’’. itures made after December 31, 2022.
6213(g)(2) is amended— (2) CLERICAL AMENDMENT.—The table of SEC. 13303. ENERGY EFFICIENT COMMERCIAL
(A) in subparagraph (P), by striking ‘‘and’’ sections for subpart A of part IV of sub- BUILDINGS DEDUCTION.
at the end, chapter A of chapter 1 is amended by strik- (a) IN GENERAL.—
(B) in subparagraph (Q), by striking the pe- ing the item relating to section 25C and in- (1) MAXIMUM AMOUNT OF DEDUCTION.—Sub-
riod at the end and inserting ‘‘, and’’, and serting after the item relating to section 25B section (b) of section 179D is amended to read
(C) by inserting after subparagraph (Q) the the following item: as follows:
following: ‘‘(b) MAXIMUM AMOUNT OF DEDUCTION.—
‘‘Sec. 25C. Energy efficient home improve-
‘‘(R) an omission of information or docu- ‘‘(1) IN GENERAL.—The deduction under sub-
ment credit.’’.
mentation required under section section (a) with respect to any building for
(i) EFFECTIVE DATES.—
25C(b)(6)(B) (relating to home energy audits) any taxable year shall not exceed the excess
(1) IN GENERAL.—Except as otherwise pro-
to be included on a return.’’. (if any) of—
vided by this subsection, the amendments
(g) IDENTIFICATION NUMBER REQUIREMENT.— ‘‘(A) the product of—
made by this section shall apply to property
(1) IN GENERAL.—Section 25C, as amended ‘‘(i) the applicable dollar value, and
placed in service after December 31, 2022.
by this section, is amended by redesignating ‘‘(ii) the square footage of the building,
(2) EXTENSION OF CREDIT.—The amend-
subsection (h) as subsection (i) and by insert- over
ments made by subsection (a) shall apply to
ing after subsection (g) the following new ‘‘(B) the aggregate amount of the deduc-
property placed in service after December 31,
subsection: tions under subsections (a) and (f) with re-
‘‘(h) PRODUCT IDENTIFICATION NUMBER RE- 2021. spect to the building for the 3 taxable years
QUIREMENT.—
(3) IDENTIFICATION NUMBER REQUIREMENT.— immediately preceding such taxable year (or,
‘‘(1) IN GENERAL.—No credit shall be al- The amendments made by subsection (g) in the case of any such deduction allowable
lowed under subsection (a) with respect to shall apply to property placed in service to a person other than the taxpayer, for any
any item of specified property placed in serv- after December 31, 2024. taxable year ending during the 4-taxable-
ice after December 31, 2024, unless— SEC. 13302. RESIDENTIAL CLEAN ENERGY CRED- year period ending with such taxable year).
‘‘(A) such item is produced by a qualified IT.
‘‘(2) APPLICABLE DOLLAR VALUE.—For pur-
manufacturer, and (a) EXTENSION OF CREDIT.— poses of paragraph (1)(A)(i), the applicable
‘‘(B) the taxpayer includes the qualified (1) IN GENERAL.—Section 25D(h) is amended dollar value shall be an amount equal to
product identification number of such item by striking ‘‘December 31, 2023’’ and insert- $0.50 increased (but not above $1.00) by $0.02
on the return of tax for the taxable year. ing ‘‘December 31, 2034’’. for each percentage point by which the total
‘‘(2) QUALIFIED PRODUCT IDENTIFICATION (2) APPLICATION OF PHASEOUT.—Section annual energy and power costs for the build-
NUMBER.—For purposes of this section, the 25D(g) is amended— ing are certified to be reduced by a percent-
term ‘qualified product identification num- (A) in paragraph (2), by striking ‘‘before age greater than 25 percent.
ber’ means, with respect to any item of spec- January 1, 2023, 26 percent, and’’ and insert- ‘‘(3) INCREASED DEDUCTION AMOUNT FOR CER-
ified property, the product identification ing ‘‘before January 1, 2022, 26 percent,’’, and TAIN PROPERTY.—
number assigned to such item by the quali- (B) by striking paragraph (3) and by insert- ‘‘(A) IN GENERAL.—In the case of any prop-
fied manufacturer pursuant to the method- ing after paragraph (2) the following new erty which satisfies the requirements of sub-
ology referred to in paragraph (3). paragraphs: paragraph (B), paragraph (2) shall be applied
‘‘(3) QUALIFIED MANUFACTURER.—For pur- ‘‘(3) in the case of property placed in serv- by substituting ‘$2.50’ for ‘$0.50’, ‘$.10’ for
poses of this section, the term ‘qualified ice after December 31, 2021, and before Janu- ‘$.02’, and ‘$5.00’ for ‘$1.00’.
manufacturer’ means any manufacturer of ary 1, 2033, 30 percent, ‘‘(B) PROPERTY REQUIREMENTS.—In the case
specified property which enters into an ‘‘(4) in the case of property placed in serv- of any energy efficient commercial building
agreement with the Secretary which pro- ice after December 31, 2032, and before Janu- property, energy efficient building retrofit
vides that such manufacturer will— ary 1, 2034, 26 percent, and property, or property installed pursuant to a
‘‘(A) assign a product identification num- ‘‘(5) in the case of property placed in serv- qualified retrofit plan, such property shall
ber to each item of specified property pro- ice after December 31, 2033, and before Janu- meet the requirements of this subparagraph
duced by such manufacturer utilizing a ary 1, 2035, 22 percent.’’. if —
methodology that will ensure that such (b) RESIDENTIAL CLEAN ENERGY CREDIT FOR ‘‘(i) installation of such property begins
number (including any alphanumeric) is BATTERY STORAGE TECHNOLOGY; CERTAIN EX- prior to the date that is 60 days after the
unique to each such item (by utilizing num- PENDITURES DISALLOWED.— Secretary publishes guidance with respect to
bers or letters which are unique to such (1) ALLOWANCE OF CREDIT.—Paragraph (6) of the requirements of paragraphs (4)(A) and
manufacturer or by such other method as section 25D(a) is amended to read as follows: (5), or
the Secretary may provide), ‘‘(6) the qualified battery storage tech- ‘‘(ii) installation of such property satisfies
‘‘(B) label such item with such number in nology expenditures,’’. the requirements of paragraphs (4)(A) and
such manner as the Secretary may provide, (2) DEFINITION OF QUALIFIED BATTERY STOR- (5).
and AGE TECHNOLOGY EXPENDITURE.—Paragraph ‘‘(4) PREVAILING WAGE REQUIREMENTS.—
‘‘(C) make periodic written reports to the (6) of section 25D(d) is amended to read as ‘‘(A) IN GENERAL.—The requirements de-
Secretary (at such times and in such manner follows: scribed in this subparagraph with respect to
as the Secretary may provide) of the product ‘‘(6) QUALIFIED BATTERY STORAGE TECH- any property are that the taxpayer shall en-
identification numbers so assigned and in- NOLOGY EXPENDITURE.—The term ‘qualified sure that any laborers and mechanics em-
cluding such information as the Secretary battery storage technology expenditure’ ployed by the taxpayer or any contractor or
may require with respect to the item of spec- means an expenditure for battery storage subcontractor in the installation of any
ified property to which such number was so technology which— property shall be paid wages at rates not less
assigned. ‘‘(A) is installed in connection with a than the prevailing rates for construction,
‘‘(4) SPECIFIED PROPERTY.—For purposes of dwelling unit located in the United States alteration, or repair of a similar character in
this subsection, the term ‘specified property’ and used as a residence by the taxpayer, and the locality in which such property is lo-
means any qualified energy property and any ‘‘(B) has a capacity of not less than 3 kilo- cated as most recently determined by the
property described in subparagraph (B) or (C) watt hours.’’. Secretary of Labor, in accordance with sub-
of subsection (c)(3).’’. (c) CONFORMING AMENDMENTS.— chapter IV of chapter 31 of title 40, United
(2) OMISSION OF CORRECT PRODUCT IDENTI- (1) Section 25D(d)(3) is amended by insert- States Code.
FICATION NUMBER TREATED AS MATHEMATICAL ing ‘‘, without regard to subparagraph (D) ‘‘(B) CORRECTION AND PENALTY RELATED TO
OR CLERICAL ERROR.—Section 6213(g)(2), as thereof’’ after ‘‘section 48(c)(1)’’. FAILURE TO SATISFY WAGE REQUIREMENTS.—
amended by the preceding provisions of this (2) The heading for section 25D is amended Rules similar to the rules of section
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Act, is amended— by striking ‘‘ENERGY EFFICIENT PROPERTY’’ 45(b)(7)(B) shall apply.
(A) in subparagraph (Q), by striking ‘‘and’’ and inserting ‘‘CLEAN ENERGY CREDIT’’. ‘‘(5) APPRENTICESHIP REQUIREMENTS.—Rules
at the end, (3) The table of sections for subpart A of similar to the rules of section 45(b)(8) shall
(B) in subparagraph (R), by striking the pe- part IV of subchapter A of chapter 1 is apply.
riod at the end and inserting ‘‘, and’’, and amended by striking the item relating to ‘‘(6) REGULATIONS.—The Secretary shall
(C) by inserting after subparagraph (R) the section 25D and inserting the following: issue such regulations or other guidance as
following: ‘‘Sec. 25D. Residential clean energy credit.’’. the Secretary determines necessary to carry
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4263
out the purposes of this subsection, includ- (7) ALTERNATIVE DEDUCTION FOR ENERGY EF- ‘‘(A) IN GENERAL.—For purposes of this sub-
ing regulations or other guidance which pro- FICIENT BUILDING RETROFIT PROPERTY.—Sec- section, the term ‘baseline energy use inten-
vides for requirements for recordkeeping or tion 179D, as amended by the preceding pro- sity’ means the energy use intensity cer-
information reporting for purposes of admin- visions of this section, is amended by insert- tified under paragraph (2)(A), as adjusted to
istering the requirements of this sub- ing after subsection (e) the following new take into account weather.
section.’’. subsection: ‘‘(B) DETERMINATION OF ADJUSTMENT.—For
(2) MODIFICATION OF EFFICIENCY STAND- ‘‘(f) ALTERNATIVE DEDUCTION FOR ENERGY purposes of subparagraph (A), the adjust-
ARD.—Section 179D(c)(1)(D) is amended by EFFICIENT BUILDING RETROFIT PROPERTY.— ments described in such subparagraph shall
striking ‘‘50 percent’’ and inserting ‘‘25 per- ‘‘(1) IN GENERAL.—In the case of a taxpayer be determined in such manner as the Sec-
cent’’. which elects (at such time and in such man- retary may provide.
(3) REFERENCE STANDARD.—Section ner as the Secretary may provide) the appli- ‘‘(7) OTHER DEFINITIONS.—For purposes of
179D(c)(2) is amended by striking ‘‘the most cation of this subsection with respect to any this subsection—
recent’’ and inserting the following: ‘‘the qualified building, there shall be allowed as ‘‘(A) ENERGY USE INTENSITY.—The term ‘en-
more recent of— a deduction for the taxable year which in- ergy use intensity’ means the annualized,
‘‘(A) Standard 90.1-2007 published by the cludes the date of the qualifying final certifi- measured site energy use intensity deter-
American Society of Heating, Refrigerating, cation with respect to the qualified retrofit mined in accordance with such regulations
and Air Conditioning Engineers and the Illu- plan of such building, an amount equal to or other guidance as the Secretary may pro-
minating Engineering Society of North the lesser of— vide and measured in British thermal units.
America, or ‘‘(A) the excess described in subsection (b) ‘‘(B) QUALIFIED PROFESSIONAL.—The term
‘‘(B) the most recent’’. (determined by substituting ‘energy use in- ‘qualified professional’ means an individual
(4) FINAL DETERMINATION; EXTENSION OF PE- tensity’ for ‘total annual energy and power who is a licensed architect or a licensed en-
RIOD; PLACED IN SERVICE DEADLINE.—Subpara- costs’ in paragraph (2) thereof), or gineer and meets such other requirements as
graph (B) of section 179D(c)(2), as amended ‘‘(B) the aggregate adjusted basis (deter- the Secretary may provide.
by paragraph (3), is amended— mined after taking into account all adjust- ‘‘(8) COORDINATION WITH DEDUCTION OTHER-
(A) by inserting ‘‘for which the Depart- ments with respect to such taxable year WISE ALLOWED UNDER SUBSECTION (a).—
ment of Energy has issued a final determina- other than the reduction under subsection ‘‘(A) IN GENERAL.—In the case of any build-
tion and’’ before ‘‘which has been affirmed’’, (e)) of energy efficient building retrofit prop- ing with respect to which an election is made
(B) by striking ‘‘2 years’’ and inserting ‘‘4 erty placed in service by the taxpayer pursu- under paragraph (1), the term ‘energy effi-
years’’, and ant to such qualified retrofit plan. cient commercial building property’ shall
(C) by striking ‘‘that construction of such ‘‘(2) QUALIFIED RETROFIT PLAN.—For pur- not include any energy efficient building ret-
property begins’’ and inserting ‘‘such prop- poses of this subsection, the term ‘qualified rofit property with respect to which a deduc-
erty is placed in service’’. retrofit plan’ means a written plan prepared tion is allowable under this subsection.
(5) ELIMINATION OF PARTIAL ALLOWANCE.— by a qualified professional which specifies ‘‘(B) CERTAIN RULES NOT APPLICABLE.—
(A) IN GENERAL.—Section 179D(d) is amend- modifications to a building which, in the ag- ‘‘(i) IN GENERAL.—Except as provided in
ed— gregate, are expected to reduce such build- clause (ii), subsection (d) shall not apply for
(i) by striking paragraph (1), and ing’s energy use intensity by 25 percent or purposes of this subsection.
(ii) by redesignating paragraphs (2) more in comparison to the baseline energy ‘‘(ii) ALLOCATION OF DEDUCTION BY CERTAIN
through (6) as paragraphs (1) through (5), re- use intensity of such building. Such plan TAX-EXEMPT ENTITIES.—Rules similar to sub-
spectively. shall provide for a qualified professional to— section (d)(3) shall apply for purposes of this
(B) CONFORMING AMENDMENTS.— ‘‘(A) as of any date during the 1-year pe- subsection.’’.
(i) Section 179D(c)(1)(D) is amended— riod ending on the date on which the prop- (8) INFLATION ADJUSTMENT.—Section
(I) by striking ‘‘subsection (d)(6)’’ and in- erty installed pursuant to such plan is placed 179D(g) is amended—
serting ‘‘subsection (d)(5)’’, and in service, certify the energy use intensity of (A) by striking ‘‘2020’’ and inserting ‘‘2022’’,
(II) by striking ‘‘subsection (d)(2)’’ and in- such building as of such date, (B) by striking ‘‘or subsection (d)(1)(A)’’,
serting ‘‘subsection (d)(1)’’. ‘‘(B) certify the status of property in- and
(ii) Paragraph (2)(A) of section 179D(d), as stalled pursuant to such plan as meeting the (C) by striking ‘‘2019’’ and inserting ‘‘2021’’.
redesignated by subparagraph (A), is amend- requirements of subparagraphs (B) and (C) of (b) APPLICATION TO REAL ESTATE INVEST-
ed by striking ‘‘paragraph (2)’’ and inserting paragraph (3), and MENT TRUST EARNINGS AND PROFITS.—Sec-
‘‘paragraph (1)’’. ‘‘(C) as of any date that is more than 1 year tion 312(k)(3)(B) is amended—
(iii) Paragraph (4) of section 179D(d), as re- after the date on which the property in- (1) by striking ‘‘For purposes of computing
designated by subparagraph (A), is amended stalled pursuant to such plan is placed in the earnings and profits of a corporation’’
by striking ‘‘paragraph (3)(B)(iii)’’ and in- service, certify the energy use intensity of and inserting the following:
serting ‘‘paragraph (2)(B)(iii)’’. such building as of such date. ‘‘(i) IN GENERAL.—For purposes of com-
(iv) Section 179D is amended by striking ‘‘(3) ENERGY EFFICIENT BUILDING RETROFIT puting the earnings and profits of a corpora-
subsection (f). PROPERTY.—For purposes of this subsection, tion, except as provided in clause (ii)’’, and
(v) Section 179D(h) is amended by striking the term ‘energy efficient building retrofit (2) by adding at the end the following new
‘‘or (d)(1)(A)’’. property’ means property— clause:
(6) ALLOCATION OF DEDUCTION BY CERTAIN ‘‘(A) with respect to which depreciation (or ‘‘(ii) SPECIAL RULE.—In the case of a cor-
TAX-EXEMPT ENTITIES.—Paragraph (3) of sec- amortization in lieu of depreciation) is al- poration that is a real estate investment
tion 179D(d), as redesignated by paragraph lowable, trust, any amount deductible under section
(5)(A), is amended to read as follows: ‘‘(B) which is installed on or in any quali- 179D shall be allowed in the year in which
‘‘(3) ALLOCATION OF DEDUCTION BY CERTAIN fied building, the property giving rise to such deduction is
TAX-EXEMPT ENTITIES.— ‘‘(C) which is installed as part of— placed in service (or, in the case of energy ef-
‘‘(A) IN GENERAL.—In the case of energy ef- ‘‘(i) the interior lighting systems, ficient building retrofit property, the year in
ficient commercial building property in- ‘‘(ii) the heating, cooling, ventilation, and which the qualifying final certification is
stalled on or in property owned by a speci- hot water systems, or made).’’.
fied tax-exempt entity, the Secretary shall ‘‘(iii) the building envelope, and (c) CONFORMING AMENDMENT.—Paragraph
promulgate regulations or guidance to allow ‘‘(D) which is certified in accordance with (1) of section 179D(d), as redesignated by sub-
the allocation of the deduction to the person paragraph (2)(B) as meeting the require- section (a)(5)(A), is amended by striking ‘‘not
primarily responsible for designing the prop- ments of subparagraphs (B) and (C). later than the date that is 2 years before the
erty in lieu of the owner of such property. ‘‘(4) QUALIFIED BUILDING.—For purposes of date that construction of such property be-
Such person shall be treated as the taxpayer this subsection, the term ‘qualified building’ gins’’ and inserting ‘‘not later than the date
for purposes of this section. means any building which— that is 4 years before the date such property
‘‘(B) SPECIFIED TAX-EXEMPT ENTITY.—For ‘‘(A) is located in the United States, and is placed in service’’.
purposes of this paragraph, the term ‘speci- ‘‘(B) was originally placed in service not (d) EFFECTIVE DATE.—
fied tax-exempt entity’ means— less than 5 years before the establishment of (1) IN GENERAL.—Except as otherwise pro-
‘‘(i) the United States, any State or polit- the qualified retrofit plan with respect to vided in this subsection, the amendments
ical subdivision thereof, any possession of such building. made by this section shall apply to taxable
the United States, or any agency or instru- ‘‘(5) QUALIFYING FINAL CERTIFICATION.—For years beginning after December 31, 2022.
mentality of any of the foregoing, purposes of this subsection, the term ‘quali- (2) ALTERNATIVE DEDUCTION FOR ENERGY EF-
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‘‘(ii) an Indian tribal government (as de- fying final certification’ means, with respect FICIENT BUILDING RETROFIT PROPERTY.—Sub-
fined in section 30D(g)(9)) or Alaska Native to any qualified retrofit plan, the certifi- section (f) of section 179D of the Internal
Corporation (as defined in section 3 of the cation described in paragraph (2)(C) if the en- Revenue Code of 1986 (as amended by this
Alaska Native Claims Settlement Act (43 ergy use intensity certified in such certifi- section), and any other provision of such sec-
U.S.C. 1602(m)), and cation is not more than 75 percent of the tion solely for purposes of applying such sub-
‘‘(iii) any organization exempt from tax baseline energy use intensity of the building. section, shall apply to property placed in
imposed by this chapter.’’. ‘‘(6) BASELINE ENERGY USE INTENSITY.— service after December 31, 2022 (in taxable
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S4264 CONGRESSIONAL RECORD — SENATE August 6, 2022
years ending after such date) if such prop- dwelling was acquired, whichever is later), (b) FINAL ASSEMBLY.—Section 30D(d) is
erty is placed in service pursuant to quali- and amended—
fied retrofit plan (within the meaning of ‘‘(B) such dwelling unit meets the most re- (1) in paragraph (1)—
such section) established after such date. cent Energy Star Multifamily New Construc- (A) in subparagraph (E), by striking ‘‘and’’
SEC. 13304. EXTENSION, INCREASE, AND MODI- tion Regional Program Requirements appli- at the end,
FICATIONS OF NEW ENERGY EFFI- cable to the location of such dwelling unit (B) in subparagraph (F)(ii), by striking the
CIENT HOME CREDIT. (as in effect on either January 1, 2023, or Jan- period at the end and inserting ‘‘, and’’, and
(a) EXTENSION OF CREDIT.—Section 45L(g) uary 1 of three calendar years prior to the (C) by adding at the end the following:
is amended by striking ‘‘December 31, 2021’’ date the dwelling was acquired, whichever is ‘‘(G) the final assembly of which occurs
and inserting ‘‘December 31, 2032’’. later).’’. within North America.’’,
(b) INCREASE IN CREDIT AMOUNTS.—Para- (d) PREVAILING WAGE REQUIREMENT.—Sec- (2) by adding at the end the following:
graph (2) of section 45L(a) is amended to read tion 45L is amended by redesignating sub- ‘‘(5) FINAL ASSEMBLY.—For purposes of
as follows: section (g) as subsection (h) and by inserting paragraph (1)(G), the term ‘final assembly’
after subsection (f) the following new sub- means the process by which a manufacturer
‘‘(2) APPLICABLE AMOUNT.—For purposes of
section: produces a new clean vehicle at, or through
paragraph (1), the applicable amount is an
‘‘(g) PREVAILING WAGE REQUIREMENT.— the use of, a plant, factory, or other place
amount equal to— ‘‘(1) IN GENERAL.—In the case of a quali-
‘‘(A) in the case of a dwelling unit which is from which the vehicle is delivered to a deal-
fying residence described in subsection er or importer with all component parts nec-
eligible to participate in the Energy Star (a)(2)(B) meeting the prevailing wage re-
Residential New Construction Program or essary for the mechanical operation of the
quirements of paragraph (2)(A), the credit vehicle included with the vehicle, whether or
the Energy Star Manufactured New Homes amount allowed with respect to such resi-
program— not the component parts are permanently in-
dence shall be— stalled in or on the vehicle.’’.
‘‘(i) which meets the requirements of sub- ‘‘(A) $2,500 in the case of a residence which (c) DEFINITION OF NEW CLEAN VEHICLE.—
section (c)(1)(A) (and which does not meet meets the requirements of subparagraph (A) (1) IN GENERAL.—Section 30D(d), as amend-
the requirements of subsection (c)(1)(B)), of subsection (c)(1) (and which does not meet ed by the preceding provisions of this sec-
$2,500, and the requirements of subparagraph (B) of such tion, is amended—
‘‘(ii) which meets the requirements of sub- subsection), and (A) in the heading, by striking ‘‘QUALIFIED
section (c)(1)(B), $5,000, and ‘‘(B) $5,000 in the case of a residence which PLUG-IN ELECTRIC DRIVE MOTOR’’ and insert-
‘‘(B) in the case of a dwelling unit which is meets the requirements of subsection ing ‘‘CLEAN’’,
part of a building eligible to participate in (c)(1)(B). (B) in paragraph (1)—
the Energy Star Multifamily New Construc- ‘‘(2) PREVAILING WAGE REQUIREMENTS.— (i) in the matter preceding subparagraph
tion Program— ‘‘(A) IN GENERAL.—The requirements de- (A), by striking ‘‘qualified plug-in electric
‘‘(i) which meets the requirements of sub- scribed in this subparagraph with respect to drive motor’’ and inserting ‘‘clean’’,
section (c)(1)(A) (and which does not meet any qualified residence are that the taxpayer (ii) in subparagraph (C), by inserting
the requirements of subsection (c)(1)(B)), shall ensure that any laborers and mechanics ‘‘qualified’’ before ‘‘manufacturer’’,
$500, and employed by the taxpayer or any contractor (iii) in subparagraph (F)—
‘‘(ii) which meets the requirements of sub- or subcontractor in the construction of such (I) in clause (i), by striking ‘‘4’’ and insert-
section (c)(1)(B), $1,000.’’. residence shall be paid wages at rates not ing ‘‘7’’, and
(c) MODIFICATION OF ENERGY SAVING RE- less than the prevailing rates for construc- (II) in clause (ii), by striking ‘‘and’’ at the
QUIREMENTS.—Section 45L(c) is amended to tion, alteration, or repair of a similar char- end,
read as follows: acter in the locality in which such residence (iv) in subparagraph (G), by striking the
‘‘(c) ENERGY SAVING REQUIREMENTS.— is located as most recently determined by period at the end and inserting ‘‘, and’’, and
‘‘(1) IN GENERAL.— the Secretary of Labor, in accordance with (v) by adding at the end the following:
‘‘(A) IN GENERAL.—A dwelling unit meets subchapter IV of chapter 31 of title 40, ‘‘(H) for which the person who sells any ve-
the requirements of this subparagraph if United States Code. hicle to the taxpayer furnishes a report to
such dwelling unit meets the requirements of ‘‘(B) CORRECTION AND PENALTY RELATED TO the taxpayer and to the Secretary, at such
paragraph (2) or (3) (whichever is applicable). FAILURE TO SATISFY WAGE REQUIREMENTS.— time and in such manner as the Secretary
‘‘(B) ZERO ENERGY READY HOME PROGRAM.— Rules similar to the rules of section shall provide, containing—
A dwelling unit meets the requirements of 45(b)(7)(B) shall apply. ‘‘(i) the name and taxpayer identification
this subparagraph if such dwelling unit is ‘‘(3) REGULATIONS AND GUIDANCE.—The Sec- number of the taxpayer,
certified as a zero energy ready home under retary shall issue such regulations or other ‘‘(ii) the vehicle identification number of
the zero energy ready home program of the guidance as the Secretary determines nec- the vehicle, unless, in accordance with any
Department of Energy as in effect on Janu- essary to carry out the purposes of this sub- applicable rules promulgated by the Sec-
ary 1, 2023 (or any successor program deter- section, including regulations or other guid- retary of Transportation, the vehicle is not
mined by the Secretary). ance which provides for requirements for rec- assigned such a number,
‘‘(2) SINGLE-FAMILY HOME REQUIREMENTS.— ordkeeping or information reporting for pur- ‘‘(iii) the battery capacity of the vehicle,
A dwelling unit meets the requirements of poses of administering the requirements of ‘‘(iv) verification that original use of the
this paragraph if— this subsection.’’. vehicle commences with the taxpayer, and
‘‘(A) such dwelling unit meets— (e) BASIS ADJUSTMENT.—Section 45L(e) is ‘‘(v) the maximum credit under this sec-
‘‘(i)(I) in the case of a dwelling unit ac- amended by inserting after the first sentence tion allowable to the taxpayer with respect
quired before January 1, 2025, the Energy the following: ‘‘This subsection shall not to the vehicle.’’,
Star Single-Family New Homes National apply for purposes of determining the ad- (C) in paragraph (3)—
Program Requirements 3.1, or justed basis of any building under section (i) in the heading, by striking ‘‘MANUFAC-
‘‘(II) in the case of a dwelling unit acquired 42.’’. TURER’’ and inserting ‘‘QUALIFIED MANUFAC-
after December 31, 2024, the Energy Star Sin- (f) EFFECTIVE DATES.— TURER’’,
gle-Family New Homes National Program (1) IN GENERAL.—Except as provided in (ii) by striking ‘‘The term ‘manufacturer’
Requirements 3.2, and paragraph (2), the amendments made by this has the meaning given such term in’’ and in-
‘‘(ii) the most recent Energy Star Single- section shall apply to dwelling units ac- serting ‘‘The term ‘qualified manufacturer’
Family New Homes Program Requirements quired after December 31, 2022. means any manufacturer (within the mean-
applicable to the location of such dwelling (2) EXTENSION OF CREDIT.—The amend- ing of the’’, and
unit (as in effect on the latter of January 1, ments made by subsection (a) shall apply to (iii) by inserting ‘‘) which enters into a
2023, or January 1 of two calendar years prior dwelling units acquired after December 31, written agreement with the Secretary under
to the date the dwelling unit was acquired), 2021. which such manufacturer agrees to make
or PART 4—CLEAN VEHICLES periodic written reports to the Secretary (at
‘‘(B) such dwelling unit meets the most re- SEC. 13401. CLEAN VEHICLE CREDIT. such times and in such manner as the Sec-
cent Energy Star Manufactured Home Na- (a) PER VEHICLE DOLLAR LIMITATION.—Sec- retary may provide) providing vehicle identi-
tional program requirements as in effect on tion 30D(b) is amended by striking para- fication numbers and such other information
the latter of January 1, 2023, or January 1 of graphs (2) and (3) and inserting the following: related to each vehicle manufactured by
two calendar years prior to the date such ‘‘(2) CRITICAL MINERALS.—In the case of a such manufacturer as the Secretary may re-
dwelling unit is acquired. vehicle with respect to which the require- quire’’ before the period at the end, and
‘‘(3) MULTI-FAMILY HOME REQUIREMENTS.—A ment described in subsection (e)(1)(A) is sat- (D) by adding at the end the following:
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dwelling unit meets the requirements of this isfied, the amount determined under this ‘‘(6) NEW QUALIFIED FUEL CELL MOTOR VEHI-
paragraph if— paragraph is $3,750. CLE.—For purposes of this section, the term
‘‘(A) such dwelling unit meets the most re- ‘‘(3) BATTERY COMPONENTS.—In the case of ‘new clean vehicle’ shall include any new
cent Energy Star Multifamily New Construc- a vehicle with respect to which the require- qualified fuel cell motor vehicle (as defined
tion National Program Requirements (as in ment described in subsection (e)(2)(A) is sat- in section 30B(b)(3)) which meets the require-
effect on either January 1, 2023, or January 1 isfied, the amount determined under this ments under subparagraphs (G) and (H) of
of three calendar years prior to the date the paragraph is $3,750.’’. paragraph (1).’’.
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4265
(2) CONFORMING AMENDMENTS.—Section 30D the Secretary determines necessary to carry ‘‘(iii) PICKUP TRUCKS.—In the case of a
is amended— out the purposes of this subsection, includ- pickup truck, $80,000.
(A) in subsection (a), by striking ‘‘new ing regulations or other guidance which pro- ‘‘(iv) OTHER.—In the case of any other vehi-
qualified plug-in electric drive motor vehi- vides for requirements for recordkeeping or cle, $55,000.
cle’’ and inserting ‘‘new clean vehicle’’, and information reporting for purposes of admin- ‘‘(C) REGULATIONS AND GUIDANCE.—For pur-
(B) in subsection (b)(1), by striking ‘‘new istering the requirements of this subsection. poses of this paragraph, the Secretary shall
qualified plug-in electric drive motor vehi- ‘‘(B) DEADLINE FOR PROPOSED GUIDANCE.— prescribe such regulations or other guidance
cle’’ and inserting ‘‘new clean vehicle’’. Not later than December 31, 2022, the Sec- as the Secretary determines necessary for
(d) ELIMINATION OF LIMITATION ON NUMBER retary shall issue proposed guidance with re- determining vehicle classifications using cri-
OF VEHICLES ELIGIBLE FOR CREDIT.—Section spect to the requirements under this sub- teria similar to that employed by the Envi-
30D is amended by striking subsection (e). section.’’. ronmental Protection Agency and the De-
(e) CRITICAL MINERAL AND BATTERY COMPO- (2) EXCLUDED ENTITIES.—Section 30D(d), as partment of the Energy to determine size
NENT REQUIREMENTS.— and class of vehicles.’’.
amended by the preceding provisions of this
(1) IN GENERAL.—Section 30D, as amended section, is amended by adding at the end the (g) TRANSFER OF CREDIT.—
by the preceding provisions of this section, is following: (1) IN GENERAL.—Section 30D is amended by
amended by inserting after subsection (d) the ‘‘(7) EXCLUDED ENTITIES.—For purposes of striking subsection (g) and inserting the fol-
following: this section, the term ‘new clean vehicle’ lowing:
‘‘(e) CRITICAL MINERAL AND BATTERY COM- ‘‘(g) TRANSFER OF CREDIT.—
shall not include—
PONENT REQUIREMENTS.— ‘‘(1) IN GENERAL.—Subject to such regula-
‘‘(A) any vehicle placed in service after De-
‘‘(1) CRITICAL MINERALS REQUIREMENT.— tions or other guidance as the Secretary de-
‘‘(A) IN GENERAL.—The requirement de- cember 31, 2024, with respect to which any of
the applicable critical minerals contained in termines necessary, if the taxpayer who ac-
scribed in this subparagraph with respect to quires a new clean vehicle elects the applica-
a vehicle is that, with respect to the battery the battery of such vehicle (as described in
tion of this subsection with respect to such
from which the electric motor of such vehi- subsection (e)(1)(A)) were extracted, proc-
vehicle, the credit which would (but for this
cle draws electricity, the percentage of the essed, or recycled by a foreign entity of con-
subsection) be allowed to such taxpayer with
value of the applicable critical minerals (as cern (as defined in section 40207(a)(5) of the
respect to such vehicle shall be allowed to
defined in section 45X(c)(6)) contained in Infrastructure Investment and Jobs Act (42
the eligible entity specified in such election
such battery that were— U.S.C. 18741(a)(5))), or
(and not to such taxpayer).
‘‘(i) extracted or processed— ‘‘(B) any vehicle placed in service after De-
‘‘(2) ELIGIBLE ENTITY.—For purposes of this
‘‘(I) in the United States, or cember 31, 2023, with respect to which any of
subsection, the term ‘eligible entity’ means,
‘‘(II) in any country with which the United the components contained in the battery of
with respect to the vehicle for which the
States has a free trade agreement in effect, such vehicle (as described in subsection
credit is allowed under subsection (a), the
or (e)(2)(A)) were manufactured or assembled by dealer which sold such vehicle to the tax-
‘‘(ii) recycled in North America, a foreign entity of concern (as so defined).’’. payer and has—
is equal to or greater than the applicable (f) SPECIAL RULES.—Section 30D(f) is ‘‘(A) subject to paragraph (4), registered
percentage (as certified by the qualified amended by adding at the end the following: with the Secretary for purposes of this para-
manufacturer, in such form or manner as ‘‘(8) ONE CREDIT PER VEHICLE.—In the case graph, at such time, and in such form and
prescribed by the Secretary). of any vehicle, the credit described in sub- manner, as the Secretary may prescribe,
‘‘(B) APPLICABLE PERCENTAGE.—For pur- section (a) shall only be allowed once with ‘‘(B) prior to the election described in para-
poses of subparagraph (A), the applicable respect to such vehicle, as determined based graph (1) and not later than at the time of
percentage shall be— upon the vehicle identification number of such sale, disclosed to the taxpayer pur-
‘‘(i) in the case of a vehicle placed in serv- such vehicle. chasing such vehicle—
ice after the date on which the proposed ‘‘(9) VIN REQUIREMENT.—No credit shall be ‘‘(i) the manufacturer’s suggested retail
guidance described in paragraph (3)(B) is allowed under this section with respect to price,
issued by the Secretary and before January any vehicle unless the taxpayer includes the ‘‘(ii) the value of the credit allowed and
1, 2024, 40 percent, vehicle identification number of such vehicle any other incentive available for the pur-
‘‘(ii) in the case of a vehicle placed in serv- on the return of tax for the taxable year. chase of such vehicle, and
ice during calendar year 2024, 50 percent, ‘‘(10) LIMITATION BASED ON MODIFIED AD- ‘‘(iii) the amount provided by the dealer to
‘‘(iii) in the case of a vehicle placed in JUSTED GROSS INCOME.— such taxpayer as a condition of the election
service during calendar year 2025, 60 percent, ‘‘(A) IN GENERAL.—No credit shall be al- described in paragraph (1),
‘‘(iv) in the case of a vehicle placed in serv- lowed under subsection (a) for any taxable ‘‘(C) not later than at the time of such
ice during calendar year 2026, 70 percent, and year if— sale, made payment to such taxpayer
‘‘(v) in the case of a vehicle placed in serv- ‘‘(i) the lesser of— (whether in cash or in the form of a partial
ice after December 31, 2026, 80 percent. ‘‘(I) the modified adjusted gross income of payment or down payment for the purchase
‘‘(2) BATTERY COMPONENTS.— the taxpayer for such taxable year, or of such vehicle) in an amount equal to the
‘‘(A) IN GENERAL.—The requirement de- ‘‘(II) the modified adjusted gross income of credit otherwise allowable to such taxpayer,
scribed in this subparagraph with respect to the taxpayer for the preceding taxable year, and
a vehicle is that, with respect to the battery exceeds ‘‘(D) with respect to any incentive other-
from which the electric motor of such vehi- ‘‘(ii) the threshold amount. wise available for the purchase of a vehicle
cle draws electricity, the percentage of the ‘‘(B) THRESHOLD AMOUNT.—For purposes of for which a credit is allowed under this sec-
value of the components contained in such subparagraph (A)(ii), the threshold amount tion, including any incentive in the form of
battery that were manufactured or assem- shall be— a rebate or discount provided by the dealer
bled in North America is equal to or greater ‘‘(i) in the case of a joint return or a sur- or manufacturer, ensured that—
than the applicable percentage (as certified viving spouse (as defined in section 2(a)), ‘‘(i) the availability or use of such incen-
by the qualified manufacturer, in such form $300,000, tive shall not limit the ability of a taxpayer
or manner as prescribed by the Secretary). ‘‘(ii) in the case of a head of household (as to make an election described in paragraph
‘‘(B) APPLICABLE PERCENTAGE.—For pur- defined in section 2(b)), $225,000, and (1), and
poses of subparagraph (A), the applicable ‘‘(iii) in the case of a taxpayer not de- ‘‘(ii) such election shall not limit the value
percentage shall be— scribed in clause (i) or (ii), $150,000. or use of such incentive.
‘‘(i) in the case of a vehicle placed in serv- ‘‘(C) MODIFIED ADJUSTED GROSS INCOME.— ‘‘(3) TIMING.—An election described in
ice after the date on which the proposed For purposes of this paragraph, the term paragraph (1) shall be made by the taxpayer
guidance described in paragraph (3)(B) is ‘modified adjusted gross income’ means ad- not later than the date on which the vehicle
issued by the Secretary and before January justed gross income increased by any for which the credit is allowed under sub-
1, 2024, 50 percent, amount excluded from gross income under section (a) is purchased.
‘‘(ii) in the case of a vehicle placed in serv- section 911, 931, or 933. ‘‘(4) REVOCATION OF REGISTRATION.—Upon
ice during calendar year 2024 or 2025, 60 per- ‘‘(11) MANUFACTURER’S SUGGESTED RETAIL determination by the Secretary that a dealer
cent, PRICE LIMITATION.— has failed to comply with the requirements
‘‘(iii) in the case of a vehicle placed in ‘‘(A) IN GENERAL.—No credit shall be al- described in paragraph (2), the Secretary
service during calendar year 2026, 70 percent, lowed under subsection (a) for a vehicle with may revoke the registration (as described in
‘‘(iv) in the case of a vehicle placed in serv- a manufacturer’s suggested retail price in subparagraph (A) of such paragraph) of such
ice during calendar year 2027, 80 percent, excess of the applicable limitation. dealer.
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‘‘(v) in the case of a vehicle placed in serv- ‘‘(B) APPLICABLE LIMITATION.—For purposes ‘‘(5) TAX TREATMENT OF PAYMENTS.—With
ice during calendar year 2028, 90 percent, of subparagraph (A), the applicable limita- respect to any payment described in para-
‘‘(vi) in the case of a vehicle placed in serv- tion for each vehicle classification is as fol- graph (2)(C), such payment—
ice after December 31, 2028, 100 percent. lows: ‘‘(A) shall not be includible in the gross in-
‘‘(3) REGULATIONS AND GUIDANCE.— ‘‘(i) VANS.—In the case of a van, $80,000. come of the taxpayer, and
‘‘(A) IN GENERAL.—The Secretary shall ‘‘(ii) SPORT UTILITY VEHICLES.—In the case ‘‘(B) with respect to the dealer, shall not
issue such regulations or other guidance as of a sport utility vehicle, $80,000. be deductible under this title.
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S4266 CONGRESSIONAL RECORD — SENATE August 6, 2022
‘‘(6) APPLICATION OF CERTAIN OTHER RE- (B) in subsection (f)— (1) after December 31, 2021, and before the
QUIREMENTS.—In the case of any election (i) by striking paragraph (3), and date of enactment of this Act, purchased, or
under paragraph (1) with respect to any vehi- (ii) in paragraph (8), by inserting ‘‘, includ- entered into a written binding contract to
cle— ing any vehicle with respect to which the purchase, a new qualified plug-in electric
‘‘(A) the requirements of paragraphs (1) taxpayer elects the application of subsection drive motor vehicle (as defined in section
and (2) of subsection (f) shall apply to the (g)’’ before the period at the end. 30D(d)(1) of the Internal Revenue Code of
taxpayer who acquired the vehicle in the (h) TERMINATION.—Section 30D is amended 1986, as in effect on the day before the date
same manner as if the credit determined by adding at the end the following: of enactment of this Act), and
under this section with respect to such vehi- ‘‘(h) TERMINATION.—No credit shall be al- (2) placed such vehicle in service on or
cle were allowed to such taxpayer, lowed under this section with respect to any after the date of enactment of this Act,
‘‘(B) paragraph (6) of such subsection shall vehicle placed in service after December 31, such taxpayer may elect (at such time, and
not apply, and 2032.’’. in such form and manner, as the Secretary of
‘‘(C) the requirement of paragraph (9) of (i) ADDITIONAL CONFORMING AMENDMENTS.— the Treasury, or the Secretary’s delegate,
such subsection (f) shall be treated as satis- (1) The heading of section 30D is amended may prescribe) to treat such vehicle as hav-
fied if the eligible entity provides the vehicle by striking ‘‘NEW QUALIFIED PLUG-IN ELECTRIC ing been placed in service on the day before
identification number of such vehicle to the DRIVE MOTOR VEHICLES’’ and inserting ‘‘CLEAN the date of enactment of this Act.
Secretary in such manner as the Secretary VEHICLE CREDIT’’. SEC. 13402. CREDIT FOR PREVIOUSLY-OWNED
may provide. (2) Section 30B is amended— CLEAN VEHICLES.
‘‘(7) ADVANCE PAYMENT TO REGISTERED (A) in subsection (h)(8), by striking ‘‘, ex- (a) IN GENERAL.—Subpart A of part IV of
DEALERS.— cept that no benefit shall be recaptured if subchapter A of chapter 1 is amended by in-
‘‘(A) IN GENERAL.—The Secretary shall es- such property ceases to be eligible for such serting after section 25D the following new
tablish a program to make advance pay- credit by reason of conversion to a qualified section:
ments to any eligible entity in an amount plug-in electric drive motor vehicle’’, and ‘‘SEC. 25E. PREVIOUSLY-OWNED CLEAN VEHI-
equal to the cumulative amount of the cred- (B) by striking subsection (i). CLES.
its allowed under subsection (a) with respect (3) Section 38(b)(30) is amended by striking ‘‘(a) ALLOWANCE OF CREDIT.—In the case of
to any vehicles sold by such entity for which ‘‘qualified plug-in electric drive motor’’ and
an election described in paragraph (1) has a qualified buyer who during a taxable year
inserting ‘‘clean’’. places in service a previously-owned clean
been made. (4) Section 6213(g)(2), as amended by the
‘‘(B) EXCESSIVE PAYMENTS.—Rules similar vehicle, there shall be allowed as a credit
preceding provisions of this Act, is amend- against the tax imposed by this chapter for
to the rules of section 6417(d)(6) shall apply ed—
for purposes of this paragraph. the taxable year an amount equal to the
(A) in subparagraph (R), by striking ‘‘and’’ lesser of—
‘‘(C) TREATMENT OF ADVANCE PAYMENTS.— at the end,
For purposes of section 1324 of title 31, ‘‘(1) $4,000, or
(B) in subparagraph (S), by striking the pe- ‘‘(2) the amount equal to 30 percent of the
United States Code, the payments under sub- riod at the end and inserting ‘‘, and’’, and
paragraph (A) shall be treated in the same sale price with respect to such vehicle.
(C) by inserting after subparagraph (S) the ‘‘(b) LIMITATION BASED ON MODIFIED AD-
manner as a refund due from a credit provi-
following: JUSTED GROSS INCOME.—
sion referred to in subsection (b)(2) of such
‘‘(T) an omission of a correct vehicle iden- ‘‘(1) IN GENERAL.—No credit shall be al-
section.
tification number required under section lowed under subsection (a) for any taxable
‘‘(8) DEALER.—For purposes of this sub-
30D(f)(9) (relating to credit for new clean ve- year if—
section, the term ‘dealer’ means a person li-
hicles) to be included on a return.’’. ‘‘(A) the lesser of—
censed by a State, the District of Columbia,
(5) Section 6501(m) is amended by striking ‘‘(i) the modified adjusted gross income of
the Commonwealth of Puerto Rico, any
‘‘30D(e)(4)’’ and inserting ‘‘30D(f)(6)’’. the taxpayer for such taxable year, or
other territory or possession of the United
(6) The table of sections for subpart B of ‘‘(ii) the modified adjusted gross income of
States, an Indian tribal government, or any
part IV of subchapter A of chapter 1 is the taxpayer for the preceding taxable year,
Alaska Native Corporation (as defined in sec-
tion 3 of the Alaska Native Claims Settle- amended by striking the item relating to exceeds
ment Act (43 U.S.C. 1602(m)) to engage in the section 30D and inserting after the item re- ‘‘(B) the threshold amount.
sale of vehicles. lating to section 30C the following item: ‘‘(2) THRESHOLD AMOUNT.—For purposes of
‘‘(9) INDIAN TRIBAL GOVERNMENT.—For pur- ‘‘Sec. 30D. Clean vehicle credit.’’. paragraph (1)(B), the threshold amount shall
poses of this subsection, the term ‘Indian (j) GROSS-UP OF DIRECT SPENDING.—Begin- be—
tribal government’ means the recognized ning in fiscal year 2023 and each fiscal year ‘‘(A) in the case of a joint return or a sur-
governing body of any Indian or Alaska Na- thereafter, the portion of any credit allowed viving spouse (as defined in section 2(a)),
tive tribe, band, nation, pueblo, village, com- to an eligible entity (as defined in section $150,000,
munity, component band, or component res- 30D(g)(2) of the Internal Revenue Code of ‘‘(B) in the case of a head of household (as
ervation, individually identified (including 1986) pursuant to an election made under sec- defined in section 2(b)), $112,500, and
parenthetically) in the list published most tion 30D(g) of the Internal Revenue Code of ‘‘(C) in the case of a taxpayer not described
recently as of the date of enactment of this 1986 that is direct spending shall be increased in subparagraph (A) or (B), $75,000.
subsection pursuant to section 104 of the by 6.0445 percent. ‘‘(3) MODIFIED ADJUSTED GROSS INCOME.—
Federally Recognized Indian Tribe List Act (k) EFFECTIVE DATES.— For purposes of this subsection, the term
of 1994 (25 U.S.C. 5131). (1) IN GENERAL.—Except as provided in ‘modified adjusted gross income’ means ad-
‘‘(10) RECAPTURE.—In the case of any tax- paragraphs (2), (3), (4), and (5), the amend- justed gross income increased by any
payer who has made an election described in ments made by this section shall apply to ve- amount excluded from gross income under
paragraph (1) with respect to a new clean ve- hicles placed in service after December 31, section 911, 931, or 933.
hicle and received a payment described in 2022. ‘‘(c) DEFINITIONS.—For purposes of this sec-
paragraph (2)(C) from an eligible entity, if (2) FINAL ASSEMBLY.—The amendments tion—
the credit under subsection (a) would other- made by subsection (b) shall apply to vehi- ‘‘(1) PREVIOUSLY-OWNED CLEAN VEHICLE.—
wise (but for this subsection) not be allow- cles sold after the date of enactment of this The term ‘previously-owned clean vehicle’
able to such taxpayer pursuant to the appli- Act. means, with respect to a taxpayer, a motor
cation of subsection (f)(10), the tax imposed (3) PER VEHICLE DOLLAR LIMITATION AND RE- vehicle—
on such taxpayer under this chapter for the LATED REQUIREMENTS.—The amendments ‘‘(A) the model year of which is at least 2
taxable year in which such vehicle was made by subsections (a) and (e) shall apply years earlier than the calendar year in which
placed in service shall be increased by the to vehicles placed in service after the date the taxpayer acquires such vehicle,
amount of the payment received by such tax- on which the proposed guidance described in ‘‘(B) the original use of which commences
payer.’’. paragraph (3)(B) of section 30D(e) of the In- with a person other than the taxpayer,
(2) CONFORMING AMENDMENTS.—Section 30D, ternal Revenue Code of 1986 (as added by sub- ‘‘(C) which is acquired by the taxpayer in a
as amended by the preceding provisions of section (e)) is issued by the Secretary of the qualified sale, and
this section, is amended— Treasury (or the Secretary’s delegate). ‘‘(D) which—
(A) in subsection (d)(1)(H) of such section— (4) TRANSFER OF CREDIT.—The amendments ‘‘(i) meets the requirements of subpara-
(i) in clause (iv), by striking ‘‘and’’ at the made by subsection (g) shall apply to vehi- graphs (C), (D), (E), (F), and (H) (except for
end, cles placed in service after December 31, 2023. clause (iv) thereof) of section 30D(d)(1), or
(ii) in clause (v), by striking the period at (5) ELIMINATION OF MANUFACTURER LIMITA- ‘‘(ii) is a motor vehicle which—
dlhill on DSK120RN23PROD with SENATE
the end and inserting ‘‘, and’’, and TION.—The amendment made by subsection ‘‘(I) satisfies the requirements under sub-
(iii) by adding at the end the following: (d) shall apply to vehicles sold after Decem- paragraphs (A) and (B) of section 30B(b)(3),
‘‘(vi) in the case of a taxpayer who makes ber 31, 2022. and
an election under subsection (g)(1), any (l) TRANSITION RULE.—Solely for purposes ‘‘(II) has a gross vehicle weight rating of
amount described in subsection (g)(2)(C) of the application of section 30D of the Inter- less than 14,000 pounds.
which has been provided to such taxpayer.’’, nal Revenue Code of 1986, in the case of a ‘‘(2) QUALIFIED SALE.—The term ‘qualified
and taxpayer that— sale’ means a sale of a motor vehicle—
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4267
‘‘(A) by a dealer (as defined in section credit for any taxable year is an amount with respect to any vehicle unless the tax-
30D(g)(8)), equal to the sum of the credit amounts de- payer includes the vehicle identification
‘‘(B) for a sale price which does not exceed termined under subsection (b) with respect number of such vehicle on the return of tax
$25,000, and to each qualified commercial clean vehicle for the taxable year.
‘‘(C) which is the first transfer since the placed in service by the taxpayer during the ‘‘(f) REGULATIONS AND GUIDANCE.—The Sec-
date of the enactment of this section to a taxable year. retary shall issue such regulations or other
qualified buyer other than the person with ‘‘(b) PER VEHICLE AMOUNT.— guidance as the Secretary determines nec-
whom the original use of such vehicle com- ‘‘(1) IN GENERAL.—Subject to paragraph (4), essary to carry out the purposes of this sec-
menced. the amount determined under this sub- tion, including regulations or other guidance
‘‘(3) QUALIFIED BUYER.—The term ‘qualified section with respect to any qualified com- relating to determination of the incremental
buyer’ means, with respect to a sale of a mercial clean vehicle shall be equal to the cost of any qualified commercial clean vehi-
motor vehicle, a taxpayer— lesser of— cle.
‘‘(A) who is an individual, ‘‘(A) 15 percent of the basis of such vehicle ‘‘(g) TERMINATION.—No credit shall be de-
‘‘(B) who purchases such vehicle for use (30 percent in the case of a vehicle not pow- termined under this section with respect to
and not for resale, ered by a gasoline or diesel internal combus- any vehicle acquired after December 31,
‘‘(C) with respect to whom no deduction is tion engine), or 2032.’’.
allowable with respect to another taxpayer ‘‘(B) the incremental cost of such vehicle. (b) CONFORMING AMENDMENTS.—
under section 151, and ‘‘(2) INCREMENTAL COST.—For purposes of (1) Section 38(b), as amended by the pre-
‘‘(D) who has not been allowed a credit paragraph (1)(B), the incremental cost of any ceding provisions of this Act, is amended—
under this section for any sale during the 3- qualified commercial clean vehicle is an (A) in paragraph (35), by striking ‘‘plus’’ at
year period ending on the date of the sale of amount equal to the excess of the purchase the end,
such vehicle. price for such vehicle over such price of a (B) in paragraph (36), by striking the pe-
‘‘(4) MOTOR VEHICLE; CAPACITY.—The terms comparable vehicle. riod at the end and inserting ‘‘, plus’’, and
‘motor vehicle’ and ‘capacity’ have the ‘‘(3) COMPARABLE VEHICLE.—For purposes of (C) by adding at the end the following new
meaning given such terms in paragraphs (2) this subsection, the term ‘comparable vehi- paragraph:
and (4) of section 30D(d), respectively. cle’ means, with respect to any qualified ‘‘(37) the qualified commercial clean vehi-
‘‘(d) VIN NUMBER REQUIREMENT.—No credit commercial clean vehicle, any vehicle which cle credit determined under section 45W.’’.
shall be allowed under subsection (a) with re- is powered solely by a gasoline or diesel in- (2) Section 6213(g)(2), as amended by the
spect to any vehicle unless the taxpayer in- ternal combustion engine and which is com- preceding provisions of this Act, is amend-
cludes the vehicle identification number of parable in size and use to such vehicle. ed—
such vehicle on the return of tax for the tax- ‘‘(4) LIMITATION.—The amount determined (A) in subparagraph (T), by striking ‘‘and’’
able year. under this subsection with respect to any at the end,
‘‘(e) APPLICATION OF CERTAIN RULES.—For qualified commercial clean vehicle shall not (B) in subparagraph (U), by striking the pe-
purposes of this section, rules similar to the exceed— riod at the end and inserting ‘‘, and’’, and
rules of section 30D(f) (without regard to ‘‘(A) in the case of a vehicle which has a (C) by inserting after subparagraph (U) the
paragraph (10) or (11) thereof) shall apply for gross vehicle weight rating of less than 14,000 following:
purposes of this section. pounds, $7,500, and ‘‘(V) an omission of a correct vehicle iden-
‘‘(f) TERMINATION.—No credit shall be al- ‘‘(B) in the case of a vehicle not described tification number required under section
lowed under this section with respect to any in subparagraph (A), $40,000. 45W(e) (relating to commercial clean vehicle
vehicle acquired after December 31, 2032.’’. ‘‘(c) QUALIFIED COMMERCIAL CLEAN VEHI- credit) to be included on a return.’’.
(b) TRANSFER OF CREDIT.—Section 25E, as CLE.—For purposes of this section, the term
(3) The table of sections for subpart D of
added by subsection (a), is amended— ‘qualified commercial clean vehicle’ means
part IV of subchapter A of chapter 1, as
(1) by redesignating subsection (f) as sub- any vehicle which—
amended by the preceding provisions of this
section (g), and ‘‘(1) meets the requirements of section
Act, is amended by adding at the end the fol-
(2) by inserting after subsection (e) the fol- 30D(d)(1)(C) and is acquired for use or lease
lowing new item:
lowing: by the taxpayer and not for resale,
‘‘(f) TRANSFER OF CREDIT.—Rules similar to ‘‘(2) either— ‘‘Sec. 45W. Qualified commercial clean vehi-
the rules of section 30D(g) shall apply.’’. ‘‘(A) meets the requirements of subpara- cle credit.’’.
(c) CONFORMING AMENDMENTS.—Section graph (D) of section 30D(d)(1) and is manufac- (c) EFFECTIVE DATE.—The amendments
6213(g)(2), as amended by the preceding provi- tured primarily for use on public streets, made by this section shall apply to vehicles
sions of this Act, is amended— roads, and highways (not including a vehicle acquired after December 31, 2022.
(1) in subparagraph (S), by striking ‘‘and’’ operated exclusively on a rail or rails), or SEC. 13404.ALTERNATIVE FUEL REFUELING
at the end, ‘‘(B) is mobile machinery, as defined in PROPERTY CREDIT.
(2) in subparagraph (T), by striking the pe- section 4053(8) (including vehicles that are (a) IN GENERAL.—Section 30C(g) is amended
riod at the end and inserting ‘‘, and’’, and not designed to perform a function of trans- by striking ‘‘December 31, 2021’’ and insert-
(3) by inserting after subparagraph (T) the porting a load over the public highways), ing ‘‘December 31, 2032’’.
following: ‘‘(3) either— (b) CREDIT FOR PROPERTY OF A CHARACTER
‘‘(U) an omission of a correct vehicle iden- ‘‘(A) is propelled to a significant extent by SUBJECT TO DEPRECIATION.—
tification number required under section an electric motor which draws electricity (1) IN GENERAL.—Section 30C(a) is amended
25E(d) (relating to credit for previously- from a battery which has a capacity of not by inserting ‘‘(6 percent in the case of prop-
owned clean vehicles) to be included on a re- less than 15 kilowatt hours (or, in the case of erty of a character subject to depreciation)’’
turn.’’. a vehicle which has a gross vehicle weight after ‘‘30 percent’’.
(d) CLERICAL AMENDMENT.—The table of rating of less than 14,000 pounds, 7 kilowatt (2) MODIFICATION OF CREDIT LIMITATION.—
sections for subpart A of part IV of sub- hours) and is capable of being recharged from Subsection (b) of section 30C is amended—
chapter A of chapter 1 is amended by insert- an external source of electricity, or (A) in the matter preceding paragraph (1)—
ing after the item relating to section 25D the ‘‘(B) is a motor vehicle which satisfies the (i) by striking ‘‘with respect to all’’ and in-
following new item: requirements under subparagraphs (A) and serting ‘‘with respect to any single item of’’,
‘‘Sec. 25E. Previously-owned clean vehi- (B) of section 30B(b)(3), and and
cles.’’. ‘‘(4) is of a character subject to the allow- (ii) by striking ‘‘at a location’’, and
(e) EFFECTIVE DATE.— ance for depreciation. (B) in paragraph (1), by striking ‘‘$30,000 in
(1) IN GENERAL.—Except as provided in ‘‘(d) SPECIAL RULES.— the case of a property’’ and inserting
paragraph (2), the amendments made by this ‘‘(1) IN GENERAL.—Rules similar to the ‘‘$100,000 in the case of any such item of
section shall apply to vehicles acquired after rules under subsection (f) of section 30D property’’.
December 31, 2022. (without regard to paragraph (10) or (11) (3) BIDIRECTIONAL CHARGING EQUIPMENT IN-
(2) TRANSFER OF CREDIT.—The amendments thereof) shall apply for purposes of this sec- CLUDED AS QUALIFIED ALTERNATIVE FUEL VEHI-
made by subsection (b) shall apply to vehi- tion. CLE REFUELING PROPERTY.—Section 30C(c) is
cles acquired after December 31, 2023. ‘‘(2) VEHICLES PLACED IN SERVICE BY TAX- amended to read as follows:
SEC. 13403. QUALIFIED COMMERCIAL CLEAN VE- EXEMPT ENTITIES.—Subsection (c)(4) shall not ‘‘(c) QUALIFIED ALTERNATIVE FUEL VEHICLE
HICLES. apply to any vehicle which is not subject to REFUELING PROPERTY.—For purposes of this
(a) IN GENERAL.—Subpart D of part IV of a lease and which is placed in service by a section—
subchapter A of chapter 1, as amended by the tax-exempt entity described in clause (i), (ii), ‘‘(1) IN GENERAL.—The term ‘qualified al-
dlhill on DSK120RN23PROD with SENATE
preceding provisions of this Act, is amended or (iv) of section 168(h)(2)(A). ternative fuel vehicle refueling property’ has
by adding at the end the following new sec- ‘‘(3) NO DOUBLE BENEFIT.—No credit shall the same meaning as the term ‘qualified
tion: be allowed under this section with respect to clean-fuel vehicle refueling property’ would
‘‘SEC. 45W. CREDIT FOR QUALIFIED COMMERCIAL any vehicle for which a credit was allowed have under section 179A if—
CLEAN VEHICLES. under section 30D. ‘‘(A) paragraph (1) of section 179A(d) did
‘‘(a) IN GENERAL.—For purposes of section ‘‘(e) VIN NUMBER REQUIREMENT.—No credit not apply to property installed on property
38, the qualified commercial clean vehicle shall be determined under subsection (a) which is used as the principal residence
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S4268 CONGRESSIONAL RECORD — SENATE August 6, 2022
(within the meaning of section 121) of the the Secretary publishes guidance with re- program established under paragraph (1)
taxpayer, and spect to the requirements of paragraphs shall not exceed $10,000,000,000, of which not
‘‘(B) only the following were treated as (2)(A) and (3). greater than $6,000,000,000 may be allocated
clean-burning fuels for purposes of section ‘‘(ii) A project which satisfies the require- to qualified investments which are not lo-
179A(d): ments of paragraphs (2)(A) and (3). cated within a census tract which—
‘‘(i) Any fuel at least 85 percent of the vol- ‘‘(2) PREVAILING WAGE REQUIREMENTS.— ‘‘(A) is described in clause (iii) of section
ume of which consists of one or more of the ‘‘(A) IN GENERAL.—The requirements de- 45(b)(11)(B), and
following: ethanol, natural gas, compressed scribed in this subparagraph with respect to ‘‘(B) prior to the date of enactment of this
natural gas, liquified natural gas, liquefied any qualified alternative fuel vehicle refuel- subsection, had no project which received a
petroleum gas, or hydrogen. ing project are that the taxpayer shall en- certification and allocation of credits under
‘‘(ii) Any mixture— sure that any laborers and mechanics em- subsection (d).
‘‘(I) which consists of two or more of the ployed by the taxpayer or any contractor or ‘‘(3) CERTIFICATIONS.—
following: biodiesel (as defined in section subcontractor in the construction of any ‘‘(A) APPLICATION REQUIREMENT.—Each ap-
40A(d)(1)), diesel fuel (as defined in section qualified alternative fuel vehicle refueling plicant for certification under this sub-
4083(a)(3)), or kerosene, and property which is part of such project shall section shall submit an application at such
‘‘(II) at least 20 percent of the volume of be paid wages at rates not less than the pre- time and containing such information as the
which consists of biodiesel (as so defined) de- vailing rates for construction, alteration, or Secretary may require.
termined without regard to any kerosene in repair of a similar character in the locality ‘‘(B) TIME TO MEET CRITERIA FOR CERTIFI-
such mixture. in which such project is located as most re- CATION.—Each applicant for certification
‘‘(iii) Electricity. cently determined by the Secretary of Labor, shall have 2 years from the date of accept-
‘‘(2) BIDIRECTIONAL CHARGING EQUIPMENT.— in accordance with subchapter IV of chapter ance by the Secretary of the application dur-
Property shall not fail to be treated as quali- 31 of title 40, United States Code. ing which to provide to the Secretary evi-
fied alternative fuel vehicle refueling prop- ‘‘(B) CORRECTION AND PENALTY RELATED TO dence that the requirements of the certifi-
erty solely because such property— FAILURE TO SATISFY WAGE REQUIREMENTS.— cation have been met.
‘‘(A) is capable of charging the battery of a Rules similar to the rules of section ‘‘(C) PERIOD OF ISSUANCE.—An applicant
motor vehicle propelled by electricity, and 45(b)(7)(B) shall apply. which receives a certification shall have 2
‘‘(B) allows discharging electricity from ‘‘(3) APPRENTICESHIP REQUIREMENTS.—Rules years from the date of issuance of the certifi-
such battery to an electric load external to similar to the rules of section 45(b)(8) shall cation in order to place the project in service
such motor vehicle.’’. apply. and to notify the Secretary that such project
(c) CERTAIN ELECTRIC CHARGING STATIONS ‘‘(4) REGULATIONS AND GUIDANCE.—The Sec- has been so placed in service, and if such
INCLUDED AS QUALIFIED ALTERNATIVE FUEL retary shall issue such regulations or other project is not placed in service by that time
VEHICLE REFUELING PROPERTY.—Section 30C guidance as the Secretary determines nec- period, then the certification shall no longer
is amended by redesignating subsections (f) essary to carry out the purposes of this sub- be valid. If any certification is revoked
and (g) as subsections (g) and (h), respec- section, including regulations or other guid- under this subparagraph, the amount of the
tively, and by inserting after subsection (e) ance which provides for requirements for rec- limitation under paragraph (2) shall be in-
the following: ordkeeping or information reporting for pur- creased by the amount of the credit with re-
‘‘(f) SPECIAL RULE FOR ELECTRIC CHARGING spect to such revoked certification.
poses of administering the requirements of
STATIONS FOR CERTAIN VEHICLES WITH 2 OR 3 ‘‘(D) LOCATION OF PROJECT.—In the case of
this subsection.’’.
WHEELS.—For purposes of this section— (e) ELIGIBLE CENSUS TRACTS.—Subsection an applicant which receives a certification,
‘‘(1) IN GENERAL.—The term ‘qualified al- (c) of section 30C, as amended by subsection if the Secretary determines that the project
ternative fuel vehicle refueling property’ in- has been placed in service at a location
(b)(3), is amended by adding at the end the
cludes any property described in subsection which is materially different than the loca-
following:
(c) for the recharging of a motor vehicle de- tion specified in the application for such
‘‘(3) PROPERTY REQUIRED TO BE LOCATED IN
scribed in paragraph (2), but only if such project, the certification shall no longer be
ELIGIBLE CENSUS TRACTS.—
property— valid.
‘‘(A) IN GENERAL.—Property shall not be
‘‘(A) meets the requirements of subsection ‘‘(4) CREDIT RATE CONDITIONED UPON WAGE
treated as qualified alternative fuel vehicle
(a)(2), and AND APPRENTICESHIP REQUIREMENTS.—
refueling property unless such property is
‘‘(B) is of a character subject to deprecia- ‘‘(A) BASE RATE.—For purposes of alloca-
placed in service in an eligible census tract.
tion. tions under this subsection, the amount of
‘‘(B) ELIGIBLE CENSUS TRACT.—
‘‘(2) MOTOR VEHICLE.—A motor vehicle is the credit determined under subsection (a)
‘‘(i) IN GENERAL.—For purposes of this
described in this paragraph if the motor ve- shall be determined by substituting ‘6 per-
paragraph, the term ‘eligible census tract’
hicle— cent’ for ‘30 percent’.
means any population census tract which—
‘‘(A) is manufactured primarily for use on ‘‘(B) ALTERNATIVE RATE.—In the case of
‘‘(I) is described in section 45D(e), or
public streets, roads, or highways (not in- any project which satisfies the requirements
‘‘(II) is not an urban area.
cluding a vehicle operated exclusively on a of paragraphs (5)(A) and (6), subparagraph
‘‘(ii) URBAN AREA.—For purposes of clause
rail or rails), (A) shall not apply.
(i)(II), the term ‘urban area’ means a census
‘‘(B) has 2 or 3 wheels, and ‘‘(5) PREVAILING WAGE REQUIREMENTS.—
tract (as defined by the Bureau of the Cen-
‘‘(C) is propelled by electricity.’’. ‘‘(A) IN GENERAL.—The requirements de-
sus) which, according to the most recent de-
(d) WAGE AND APPRENTICESHIP REQUIRE- scribed in this subparagraph with respect to
cennial census, has been designated as an
MENTS.—Section 30C, as amended by this sec- a project are that the taxpayer shall ensure
urban area by the Secretary of Commerce.’’.
tion, is further amended by redesignating that any laborers and mechanics employed
(f) EFFECTIVE DATE.—
subsections (g) and (h) as subsections (h) and by the taxpayer or any contractor or subcon-
(1) IN GENERAL.—Except as provided in
(i) and by inserting after subsection (f) the tractor in the re-equipping, expansion, or es-
paragraph (2), the amendments made by this
following new subsection: tablishment of a manufacturing facility
‘‘(g) WAGE AND APPRENTICESHIP REQUIRE- section shall apply to property placed in
shall be paid wages at rates not less than the
MENTS.— service after December 31, 2022.
prevailing rates for construction, alteration,
‘‘(1) INCREASED CREDIT AMOUNT.— (2) EXTENSION.—The amendments made by
or repair of a similar character in the local-
‘‘(A) IN GENERAL.—In the case of any quali- subsection (a) shall apply to property placed
ity in which such project is located as most
fied alternative fuel vehicle refueling project in service after December 31, 2021.
recently determined by the Secretary of
which satisfies the requirements of subpara- PART 5—INVESTMENT IN CLEAN ENERGY Labor, in accordance with subchapter IV of
graph (C), the amount of the credit deter- MANUFACTURING AND ENERGY SECU- chapter 31 of title 40, United States Code.
mined under subsection (a) for any qualified RITY ‘‘(B) CORRECTION AND PENALTY RELATED TO
alternative fuel vehicle refueling property of SEC. 13501. EXTENSION OF THE ADVANCED EN- FAILURE TO SATISFY WAGE REQUIREMENTS.—
a character subject to an allowance for de- ERGY PROJECT CREDIT. Rules similar to the rules of section
preciation which is part of such project shall (a) EXTENSION OF CREDIT.—Section 48C is 45(b)(7)(B) shall apply.
be equal to such amount (determined with- amended by redesignating subsection (e) as ‘‘(6) APPRENTICESHIP REQUIREMENTS.—Rules
out regard to this sentence) multiplied by 5. subsection (f) and by inserting after sub- similar to the rules of section 45(b)(8) shall
‘‘(B) QUALIFIED ALTERNATIVE FUEL VEHICLE section (d) the following new subsection: apply.
REFUELING PROJECT.—For purposes of this ‘‘(e) ADDITIONAL ALLOCATIONS.— ‘‘(7) DISCLOSURE OF ALLOCATIONS.—The Sec-
subsection, the term ‘qualified alternative ‘‘(1) IN GENERAL.—Not later than 180 days retary shall, upon making a certification
fuel vehicle refueling project’ means a after the date of enactment of this sub- under this subsection, publicly disclose the
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project consisting of one or more properties section, the Secretary shall establish a pro- identity of the applicant and the amount of
that are part of a single project. gram to consider and award certifications for the credit with respect to such applicant.’’.
‘‘(C) PROJECT REQUIREMENTS.—A project qualified investments eligible for credits (b) MODIFICATION OF QUALIFYING ADVANCED
meets the requirements of this subparagraph under this section to qualifying advanced en- ENERGY PROJECTS.—Section 48C(c)(1)(A) is
if it is one of the following: ergy project sponsors. amended—
‘‘(i) A project the construction of which be- ‘‘(2) LIMITATION.—The total amount of (1) by inserting ‘‘, any portion of the quali-
gins prior to the date that is 60 days after credits which may be allocated under the fied investment of which is certified by the
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4269
Secretary under subsection (e) as eligible for (e) EFFECTIVE DATE.—The amendments ‘‘(H) in the case of a structural fastener,
a credit under this section’’ after ‘‘means a made by this section shall take effect on $2.28 per kilogram,
project’’, January 1, 2023. ‘‘(I) in the case of an inverter, an amount
(2) in clause (i)— SEC. 13502. ADVANCED MANUFACTURING PRO- equal to the product of—
(A) by striking ‘‘a manufacturing facility DUCTION CREDIT. ‘‘(i) the applicable amount with respect to
for the production of’’ and inserting ‘‘an in- (a) IN GENERAL.—Subpart D of part IV of such inverter (as determined under para-
dustrial or manufacturing facility for the subchapter A of chapter 1, as amended by the graph (2)(B)), multiplied by
production or recycling of’’, preceding provisions of this Act, is amended ‘‘(ii) the capacity of such inverter (ex-
(B) in clause (I), by inserting ‘‘water,’’ by adding at the end the following new sec- pressed on a per alternating current watt
after ‘‘sun,’’, tion: basis),
(C) in clause (II), by striking ‘‘an energy ‘‘SEC. 45X. ADVANCED MANUFACTURING PRO- ‘‘(J) in the case of electrode active mate-
storage system for use with electric or hy- DUCTION CREDIT. rials, an amount equal to 10 percent of the
brid-electric motor vehicles’’ and inserting ‘‘(a) IN GENERAL.— costs incurred by the taxpayer with respect
‘‘energy storage systems and components’’, ‘‘(1) ALLOWANCE OF CREDIT.—For purposes to production of such materials,
(D) in clause (III), by striking ‘‘grids to of section 38, the advanced manufacturing ‘‘(K) in the case of a battery cell, an
support the transmission of intermittent production credit for any taxable year is an amount equal to the product of—
sources of renewable energy, including stor- amount equal to the sum of the credit ‘‘(i) $35, multiplied by
age of such energy’’ and inserting ‘‘grid mod- amounts determined under subsection (b) ‘‘(ii) subject to paragraph (4), the capacity
ernization equipment or components’’, with respect to each eligible component of such battery cell (expressed on a kilowatt-
(E) in subclause (IV), by striking ‘‘and se- which is— hour basis),
quester carbon dioxide emissions’’ and in- ‘‘(A) produced by the taxpayer, and ‘‘(L) in the case of a battery module, an
‘‘(B) during the taxable year, sold by such amount equal to the product of—
serting ‘‘, remove, use, or sequester carbon
taxpayer to an unrelated person. ‘‘(i) $10 (or, in the case of a battery module
oxide emissions’’,
‘‘(2) PRODUCTION AND SALE MUST BE IN which does not use battery cells, $45), multi-
(F) by striking subclause (V) and inserting
TRADE OR BUSINESS.—Any eligible component plied by
the following:
produced and sold by the taxpayer shall be ‘‘(ii) subject to paragraph (4), the capacity
‘‘(V) equipment designed to refine,
taken into account only if the production of such battery module (expressed on a kilo-
electrolyze, or blend any fuel, chemical, or
and sale described in paragraph (1) is in a watt-hour basis), and
product which is—
trade or business of the taxpayer. ‘‘(M) in the case of any applicable critical
‘‘(aa) renewable, or
‘‘(3) UNRELATED PERSON.— mineral, an amount equal to 10 percent of
‘‘(bb) low-carbon and low-emission,’’,
‘‘(A) IN GENERAL.—For purposes of this sub- the costs incurred by the taxpayer with re-
(G) by striking subclause (VI), section, a taxpayer shall be treated as selling
(H) by redesignating subclause (VII) as sub- spect to production of such mineral.
components to an unrelated person if such ‘‘(2) APPLICABLE AMOUNTS.—
clause (IX), component is sold to such person by a person
(I) by inserting after subclause (V) the fol- ‘‘(A) WIND ENERGY COMPONENTS.—For pur-
related to the taxpayer. poses of paragraph (1)(F)(ii), the applicable
lowing new subclauses: ‘‘(B) ELECTION.— amount with respect to any wind energy
‘‘(VI) property designed to produce energy ‘‘(i) IN GENERAL.—At the election of the component shall be—
conservation technologies (including resi- taxpayer (in such form and manner as the ‘‘(i) in the case of a blade, 2 cents,
dential, commercial, and industrial applica- Secretary may prescribe), a sale of compo- ‘‘(ii) in the case of a nacelle, 5 cents,
tions), nents by such taxpayer to a related person ‘‘(iii) in the case of a tower, 3 cents, and
‘‘(VII) light-, medium-, or heavy-duty elec- shall be deemed to have been made to an un- ‘‘(iv) in the case of an offshore wind foun-
tric or fuel cell vehicles, as well as— related person. dation—
‘‘(aa) technologies, components, or mate- ‘‘(ii) REQUIREMENT.—As a condition of, and ‘‘(I) which uses a fixed platform, 2 cents, or
rials for such vehicles, and prior to, any election described in clause (i), ‘‘(II) which uses a floating platform, 4
‘‘(bb) associated charging or refueling in- the Secretary may require such information cents.
frastructure, or registration as the Secretary deems nec- ‘‘(B) INVERTERS.—For purposes of para-
‘‘(VIII) hybrid vehicles with a gross vehicle essary for purposes of preventing duplica- graph (1)(I), the applicable amount with re-
weight rating of not less than 14,000 pounds, tion, fraud, or any improper or excessive spect to any inverter shall be—
as well as technologies, components, or ma- amount determined under paragraph (1). ‘‘(i) in the case of a central inverter, 0.25
terials for such vehicles, or’’, and ‘‘(b) CREDIT AMOUNT.— cents,
(J) in subclause (IX), as so redesignated, by ‘‘(1) IN GENERAL.—Subject to paragraph (3), ‘‘(ii) in the case of a utility inverter, 1.5
striking ‘‘and’’ at the end, and the amount determined under this sub- cents,
(3) by striking clause (ii) and inserting the section with respect to any eligible compo- ‘‘(iii) in the case of a commercial inverter,
following: nent, including any eligible component it in- 2 cents,
‘‘(ii) which re-equips an industrial or man- corporates, shall be equal to— ‘‘(iv) in the case of a residential inverter,
ufacturing facility with equipment designed ‘‘(A) in the case of a thin film photovoltaic 6.5 cents, and
to reduce greenhouse gas emissions by at cell or a crystalline photovoltaic cell, an ‘‘(v) in the case of a microinverter or a dis-
least 20 percent through the installation of— amount equal to the product of— tributed wind inverter, 11 cents.
‘‘(I) low- or zero-carbon process heat sys- ‘‘(i) 4 cents, multiplied by ‘‘(3) PHASE OUT.—
tems, ‘‘(ii) the capacity of such cell (expressed on ‘‘(A) IN GENERAL.—Subject to subparagraph
‘‘(II) carbon capture, transport, utilization a per direct current watt basis), (C), in the case of any eligible component
and storage systems, ‘‘(B) in the case of a photovoltaic wafer, $12 sold after December 31, 2029, the amount de-
‘‘(III) energy efficiency and reduction in per square meter, termined under this subsection with respect
waste from industrial processes, or ‘‘(C) in the case of solar grade polysilicon, to such component shall be equal to the
‘‘(IV) any other industrial technology de- $3 per kilogram, product of—
signed to reduce greenhouse gas emissions, ‘‘(D) in the case of a polymeric backsheet, ‘‘(i) the amount determined under para-
as determined by the Secretary, or 40 cents per square meter, graph (1) with respect to such component, as
‘‘(iii) which re-equips, expands, or estab- ‘‘(E) in the case of a solar module, an determined without regard to this para-
lishes an industrial facility for the proc- amount equal to the product of— graph, multiplied by
essing, refining, or recycling of critical ma- ‘‘(i) 7 cents, multiplied by ‘‘(ii) the phase out percentage under sub-
terials (as defined in section 7002(a) of the ‘‘(ii) the capacity of such module (ex- paragraph (B).
Energy Act of 2020 (30 U.S.C. 1606(a)).’’. pressed on a per direct current watt basis), ‘‘(B) PHASE OUT PERCENTAGE.—The phase
(c) CONFORMING AMENDMENT.—Subpara- ‘‘(F) in the case of a wind energy compo- out percentage under this subparagraph is
graph (A) of section 48C(c)(2) is amended to nent— equal to—
read as follows: ‘‘(i) if such component is a related offshore ‘‘(i) in the case of an eligible component
‘‘(A) which is necessary for— wind vessel, an amount equal to 10 percent of sold during calendar year 2030, 75 percent,
‘‘(i) the production or recycling of property the sales price of such vessel, and ‘‘(ii) in the case of an eligible component
described in clause (i) of paragraph (1)(A), ‘‘(ii) if such component is not described in sold during calendar year 2031, 50 percent,
‘‘(ii) re-equipping an industrial or manu- clause (i), an amount equal to the product ‘‘(iii) in the case of an eligible component
facturing facility described in clause (ii) of of— sold during calendar year 2032, 25 percent,
such paragraph, or ‘‘(I) the applicable amount with respect to ‘‘(iv) in the case of an eligible component
dlhill on DSK120RN23PROD with SENATE
‘‘(iii) re-equipping, expanding, or estab- such component (as determined under para- sold after December 31, 2032, 0 percent.
lishing an industrial facility described in graph (2)(A)), multiplied by ‘‘(C) EXCEPTION.—For purposes of deter-
clause (iii) of such paragraph,’’. ‘‘(II) the total rated capacity (expressed on mining the amount under this subsection
(d) DENIAL OF DOUBLE BENEFIT.—48C(f), as a per watt basis) of the completed wind tur- with respect to any applicable critical min-
redesignated by this section, is amended by bine for which such component is designed, eral, this paragraph shall not apply.
striking ‘‘or 48B’’ and inserting ‘‘48B, 48E, ‘‘(G) in the case of a torque tube, 87 cents ‘‘(4) LIMITATION ON CAPACITY OF BATTERY
45Q, or 45V’’. per kilogram, CELLS AND BATTERY MODULES.—
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