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Text of Amendments to SA 5194 to H.R. 5376 — Congressional Record, Senate

Summary

Page S4257 of the Senate section of the Congressional Record for August 6, 2022, headed as text of amendments to SA 5194 to H.R. 5376. SA 5276 from Mr. Cruz, SA 5279 from Mr. Wicker and SA 5281 from Mr. Sanders for himself and Mr. Merkley are submitted as amendments intended to be proposed to SA 5194 proposed by Mr. Schumer to the reconciliation bill. Amendment text includes a zero-emission nuclear power production credit, rules excluding certain vehicles whose battery minerals were extracted or processed by a foreign entity of concern, and $3,080,000,000 for the Secure and Trusted Communications Networks Act of 2019.

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“Text of Amendments to SA 5194 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-pgs4257-6-9ca0656c43/, SHA-256 771338702ced9cb3c1fc84600753b757c73e99445ad4c437da0638b8d1b72c3e.

Full text

                                             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




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                                             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:




dlhill on DSK120RN23PROD with SENATE
                                             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.




dlhill on DSK120RN23PROD with SENATE
                                                ‘‘(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




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                                                ‘‘(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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                                             S4270                                             CONGRESSIONAL RECORD — SENATE                                                         August 6, 2022
                                               ‘‘(A) IN GENERAL.—For purposes of subpara-              ‘‘(i) is suitable for a residence,                     ‘‘(II) STRUCTURAL FASTENER.—The term
                                             graph (K)(ii) or (L)(ii) of paragraph (1), the            ‘‘(ii) has a rated output of 120 or 240 volt         ‘structural fastener’ means a component
                                             capacity determined under either subpara-               single-phase power, and                                which is used—
                                             graph with respect to a battery cell or bat-              ‘‘(iii) has a capacity which is not greater            ‘‘(aa) to connect the mechanical and drive
                                             tery module shall not exceed a capacity-to-             than 20 kilowatts (expressed on a per alter-           system components of a solar tracker to the
                                             power ratio of 100:1.                                   nating current watt basis).                            foundation of such solar tracker,
                                               ‘‘(B) CAPACITY-TO-POWER RATIO.—For pur-                 ‘‘(G) UTILITY INVERTER.—The term ‘utility              ‘‘(bb) to connect torque tubes to drive as-
                                             poses of this paragraph, the term ‘capacity-            inverter’ means an inverter which—                     semblies, or
                                             to-power ratio’ means, with respect to a bat-             ‘‘(i) is suitable for commercial or utility-           ‘‘(cc) to connect segments of torque tubes
                                             tery cell or battery module, the ratio of the           scale systems,                                         to one another.
                                             capacity of such cell or module to the max-               ‘‘(ii) has a rated output of not less than 600         ‘‘(4) WIND ENERGY COMPONENT.—
                                             imum discharge amount of such cell or mod-              volt three-phase power, and                              ‘‘(A) IN GENERAL.—The term ‘wind energy
                                             ule.                                                      ‘‘(iii) has a capacity which is greater than         component’ means any of the following:
                                               ‘‘(c) DEFINITIONS.—For purposes of this sec-          125 kilowatts and not greater than 1000 kilo-            ‘‘(i) Blades.
                                             tion—                                                   watts (expressed on a per alternating current            ‘‘(ii) Nacelles.
                                               ‘‘(1) ELIGIBLE COMPONENT.—                            watt basis)                                              ‘‘(iii) Towers.
                                               ‘‘(A) IN GENERAL.—The term ‘eligible com-               ‘‘(3) SOLAR ENERGY COMPONENT.—                         ‘‘(iv) Offshore wind foundations.
                                             ponent’ means—                                            ‘‘(A) IN GENERAL.—The term ‘solar energy               ‘‘(v) Related offshore wind vessels.
                                               ‘‘(i) any solar energy component,                     component’ means any of the following:
                                                                                                                                                              ‘‘(B) ASSOCIATED DEFINITIONS.—
                                               ‘‘(ii) any wind energy component,                       ‘‘(i) Solar modules.
                                               ‘‘(iii) any inverter described in subpara-                                                                     ‘‘(i) BLADE.—The term ‘blade’ means an
                                                                                                       ‘‘(ii) Photovoltaic cells.
                                             graphs (B) through (G) of paragraph (2),                                                                       airfoil-shaped blade which is responsible for
                                                                                                       ‘‘(iii) Photovoltaic wafers.
                                               ‘‘(iv) any qualifying battery component,                                                                     converting wind energy to low-speed rota-
                                                                                                       ‘‘(iv) Solar grade polysilicon.
                                             and                                                                                                            tional energy.
                                                                                                       ‘‘(v) Torque tubes or structural fasteners.
                                               ‘‘(v) any applicable critical mineral.                                                                         ‘‘(ii) OFFSHORE WIND FOUNDATION.—The
                                                                                                       ‘‘(vi) Polymeric backsheets.
                                               ‘‘(B) APPLICATION WITH OTHER CREDITS.—                                                                       term ‘offshore wind foundation’ means the
                                                                                                       ‘‘(B) ASSOCIATED DEFINITIONS.—
                                             The term ‘eligible component’ shall not in-               ‘‘(i) PHOTOVOLTAIC CELL.—The term ‘photo-            component (including transition piece)
                                             clude any property which is produced at a fa-           voltaic cell’ means the smallest semicon-              which secures an offshore wind tower and
                                             cility if the basis of any property which is            ductor element of a solar module which per-            any above-water turbine components to the
                                             part of such facility is taken into account             forms the immediate conversion of light into           seafloor using—
                                             for purposes of the credit allowed under sec-           electricity.                                             ‘‘(I) fixed platforms, such as offshore wind
                                             tion 48C after the date of the enactment of               ‘‘(ii) PHOTOVOLTAIC WAFER.—The term ‘pho-            monopiles, jackets, or gravity-based founda-
                                             this section.                                           tovoltaic wafer’ means a thin slice, sheet, or         tions, or
                                               ‘‘(2) INVERTERS.—                                     layer of semiconductor material of at least              ‘‘(II) floating platforms and associated
                                               ‘‘(A) IN GENERAL.—The term ‘inverter’                 240 square centimeters—                                mooring systems.
                                             means an end product which is suitable to                 ‘‘(I) produced by a single manufacturer ei-            ‘‘(iii) NACELLE.—The term ‘nacelle’ means
                                             convert direct current electricity from 1 or            ther—                                                  the assembly of the drivetrain and other
                                             more solar modules or certified distributed               ‘‘(aa) directly from molten or evaporated            tower-top components of a wind turbine
                                             wind energy systems into alternating cur-               solar grade polysilicon or deposition of solar         (with the exception of the blades and the
                                             rent electricity.                                       grade thin film semiconductor photon ab-               hub) within their cover housing.
                                               ‘‘(B) CENTRAL INVERTER.—The term ‘cen-                sorber layer, or                                         ‘‘(iv) RELATED OFFSHORE WIND VESSEL.—
                                             tral inverter’ means an inverter which is                 ‘‘(bb) through formation of an ingot from            The term ‘related offshore wind vessel’
                                             suitable for large utility-scale systems and            molten polysilicon and subsequent slicing,             means any vessel which is purpose-built or
                                             has a capacity which is greater than 1,000              and                                                    retrofitted for purposes of the development,
                                             kilowatts (expressed on a per alternating                 ‘‘(II) which comprises the substrate or ab-          transport, installation, operation, or mainte-
                                             current watt basis).                                    sorber layer of one or more photovoltaic               nance of offshore wind energy components.
                                               ‘‘(C) COMMERCIAL INVERTER.—The term                   cells.                                                   ‘‘(v) TOWER.—The term ‘tower’ means a tu-
                                             ‘commercial inverter’ means an inverter                   ‘‘(iii) POLYMERIC BACKSHEET.—The term                bular or lattice structure which supports the
                                             which—                                                  ‘polymeric backsheet’ means a sheet on the             nacelle and rotor of a wind turbine.
                                               ‘‘(i) is suitable for commercial or utility-          back of a solar module which acts as an elec-            ‘‘(5) QUALIFYING BATTERY COMPONENT.—
                                             scale applications,                                     tric insulator and protects the inner compo-             ‘‘(A) IN GENERAL.—The term ‘qualifying
                                               ‘‘(ii) has a rated output of 208, 480, 600, or        nents of such module from the surrounding              battery component’ means any of the fol-
                                             800 volt three-phase power, and                         environment.                                           lowing:
                                               ‘‘(iii) has a capacity which is not less than           ‘‘(iv) SOLAR GRADE POLYSILICON.—The term               ‘‘(i) Electrode active materials.
                                             20 kilowatts and not greater than 125 kilo-             ‘solar grade polysilicon’ means silicon which            ‘‘(ii) Battery cells.
                                             watts (expressed on a per alternating current           is—                                                      ‘‘(iii) Battery modules.
                                             watt basis).                                              ‘‘(I) suitable for use in photovoltaic manu-           ‘‘(B) ASSOCIATED DEFINITIONS.—
                                               ‘‘(D) DISTRIBUTED WIND INVERTER.—                     facturing, and                                           ‘‘(i) ELECTRODE ACTIVE MATERIAL.—The
                                               ‘‘(i) IN GENERAL.—The term ‘distributed                 ‘‘(II) purified to a minimum purity of               term ‘electrode active material’ means cath-
                                             wind inverter’ means an inverter which—                 99.999999 percent silicon by mass.                     ode materials, anode materials, anode foils,
                                               ‘‘(I) is used in a residential or non-residen-          ‘‘(v) SOLAR MODULE.—The term ‘solar mod-             and electrochemically active materials, in-
                                             tial system which utilizes 1 or more certified          ule’ means the connection and lamination of            cluding solvents, additives, and electrolyte
                                             distributed wind energy systems, and                    photovoltaic cells into an environmentally             salts that contribute to the electrochemical
                                               ‘‘(II) has a rated output of not greater than         protected final assembly which is—                     processes necessary for energy storage .
                                             150 kilowatts.                                            ‘‘(I) suitable to generate electricity when            ‘‘(ii) BATTERY CELL.—The term ‘battery
                                               ‘‘(ii) CERTIFIED DISTRIBUTED WIND ENERGY              exposed to sunlight, and                               cell’ means an electrochemical cell—
                                             SYSTEM.—The term ‘certified distributed                   ‘‘(II) ready for installation without an ad-           ‘‘(I) comprised of 1 or more positive elec-
                                             wind energy system’ means a wind energy                 ditional manufacturing process.                        trodes and 1 or more negative electrodes,
                                             system which is certified by an accredited                ‘‘(vi) SOLAR TRACKER.—The term ‘solar                  ‘‘(II) with an energy density of not less
                                             certification agency to meet Standard 9.1-              tracker’ means a mechanical system that                than 100 watt-hours per liter, and
                                             2009 of the American Wind Energy Associa-               moves solar modules according to the posi-               ‘‘(III) capable of storing at least 12 watt-
                                             tion (including any subsequent revisions to             tion of the sun and to increase energy out-            hours of energy.
                                             or modifications of such Standard which                 put.                                                     ‘‘(iii) BATTERY MODULE.—The term ‘battery
                                             have been approved by the American Na-                    ‘‘(vii) SOLAR TRACKER COMPONENTS.—                   module’ means a module—
                                             tional Standards Institute).                              ‘‘(I) TORQUE TUBE.—The term ‘torque tube’              ‘‘(I)(aa) in the case of a module using bat-
                                               ‘‘(E) MICROINVERTER.—The term ‘micro-                 means a structural steel support element (in-          tery cells, with 2 or more battery cells which
                                             inverter’ means an inverter which—                      cluding longitudinal purlins) which—                   are configured electrically, in series or par-
                                               ‘‘(i) is suitable to connect with one solar             ‘‘(aa) is part of a solar tracker,                   allel, to create voltage or current, as appro-
                                             module,                                                   ‘‘(bb) is of any cross-sectional shape,              priate, to a specified end use, or
                                               ‘‘(ii) has a rated output of—                           ‘‘(cc) may be assembled from individually              ‘‘(bb) with no battery cells, and
                                               ‘‘(I) 120 or 240 volt single-phase power, or          manufactured segments,                                   ‘‘(II) with an aggregate capacity of not less




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                                               ‘‘(II) 208 or 480 volt three-phase power, and           ‘‘(dd) spans longitudinally between founda-          than 7 kilowatt-hours (or, in the case of a
                                               ‘‘(iii) has a capacity which is not greater           tion posts,                                            module for a hydrogen fuel cell vehicle, not
                                             than 650 watts (expressed on a per alter-                 ‘‘(ee) supports solar panels and is con-             less than 1 kilowatt-hour).
                                             nating current watt basis).                             nected to a mounting attachment for solar                ‘‘(6) APPLICABLE CRITICAL MINERALS.—The
                                               ‘‘(F) RESIDENTIAL INVERTER.—The term                  panels (with or without separate module                term ‘applicable critical mineral’ means any
                                             ‘residential inverter’ means an inverter                interface rails), and                                  of the following:
                                             which—                                                    ‘‘(ff) is rotated by means of a drive system.          ‘‘(A) ALUMINUM.—Aluminum which is—




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                     S4271
                                               ‘‘(i) converted from bauxite to a minimum               ‘‘(i) converted to neodymium-praseo-                   ‘‘(4) SALE OF INTEGRATED COMPONENTS.—
                                             purity of 99 percent alumina by mass, or                dymium oxide which is purified to a min-               For purposes of this section, a person shall
                                               ‘‘(ii) purified to a minimum purity of 99.9           imum purity of 99 percent neodymium-pra-               be treated as having sold an eligible compo-
                                             percent aluminum by mass.                               seodymium oxide by mass,                               nent to an unrelated person if such compo-
                                               ‘‘(B) ANTIMONY.—Antimony which is—                      ‘‘(ii) converted to neodymium oxide which            nent is integrated, incorporated, or assem-
                                               ‘‘(i) converted to antimony trisulfide con-           is purified to a minimum purity of 99.5 per-           bled into another eligible component which
                                             centrate with a minimum purity of 90 per-               cent neodymium oxide by mass                           is sold to an unrelated person.’’.
                                             cent antimony trisulfide by mass, or                      ‘‘(iii) purified to a minimum purity of 99.9           (b) CONFORMING AMENDMENTS.—
                                               ‘‘(ii) purified to a minimum purity of 99.65          percent neodymium by mass.                               (1) Section 38(b) of the Internal Revenue
                                             percent antimony by mass.                                 ‘‘(S) NICKEL.—Nickel which is—                       Code of 1986, as amended by the preceding
                                               ‘‘(C) BARITE.—Barite which is barium sul-               ‘‘(i) converted to nickel sulphate, or               provisions of this Act, is amended—
                                             fate purified to a minimum purity of 80 per-              ‘‘(ii) purified to a minimum purity of 99              (A) in paragraph (36), by striking ‘‘plus’’ at
                                             cent barite by mass.                                    percent nickel by mass.                                the end,
                                               ‘‘(D) BERYLLIUM.—Beryllium which is—                    ‘‘(T) NIOBIUM.—Niobium which is—                       (B) in paragraph (37), by striking the pe-
                                               ‘‘(i) converted to copper-beryllium master              ‘‘(i) converted to ferronibium, or                   riod at the end and inserting ‘‘, plus’’, and
                                             alloy, or                                                 ‘‘(ii) purified to a minimum purity of 99              (C) by adding at the end the following new
                                               ‘‘(ii) purified to a minimum purity of 99             percent niobium by mass.                               paragraph:
                                             percent beryllium by mass.                                ‘‘(U) TELLURIUM.—Tellurium which is—                   ‘‘(38) the advanced manufacturing produc-
                                               ‘‘(E) CERIUM.—Cerium which is—                          ‘‘(i) converted to cadmium telluride, or             tion credit determined under section
                                               ‘‘(i) converted to cerium oxide which is pu-            ‘‘(ii) purified to a minimum purity of 99            45X(a).’’.
                                             rified to a minimum purity of 99.9 percent              percent tellurium by mass.                               (2) The table of sections for subpart D of
                                             cerium oxide by mass, or                                  ‘‘(V) TIN.—Tin which is purified to low              part IV of subchapter A of chapter 1, as
                                               ‘‘(ii) purified to a minimum purity of 99             alpha emitting tin which—                              amended by the preceding provisions of this
                                             percent cerium by mass.                                   ‘‘(i) has a purity of greater than 99.99 per-        Act, is amended by adding at the end the fol-
                                               ‘‘(F) CESIUM.—Cesium which is—                        cent by mass, and                                      lowing new item:
                                               ‘‘(i) converted to cesium formate or cesium             ‘‘(ii) possesses an alpha emission rate of
                                                                                                                                                            ‘‘Sec. 45X. Advanced manufacturing produc-
                                             carbonate, or                                           not greater than 0.01 counts per hour per
                                                                                                                                                                          tion credit.’’.
                                               ‘‘(ii) purified to a minimum purity of 99             centimeter square.
                                                                                                                                                              (c) EFFECTIVE DATE.—The amendments
                                             percent cesium by mass.                                   ‘‘(W) TUNGSTEN.—Tungsten which is con-
                                                                                                                                                            made by this section shall apply to compo-
                                               ‘‘(G) CHROMIUM.—Chromium which is—                    verted to ammonium paratungstate or
                                                                                                                                                            nents produced and sold after December 31,
                                               ‘‘(i) converted to ferrochromium consisting           ferrotungsten.
                                                                                                                                                            2022.
                                             of not less than 60 percent chromium by                   ‘‘(X) VANADIUM.—Vanadium which is con-
                                             mass, or                                                verted to ferrovanadium or vanadium pent-                           PART 6—SUPERFUND
                                               ‘‘(ii) purified to a minimum purity of 99             oxide.                                                 SEC. 13601. REINSTATEMENT OF SUPERFUND.
                                             percent chromium by mass.                                 ‘‘(Y) YTTRIUM.—Yttrium which is—                       (a) HAZARDOUS SUBSTANCE SUPERFUND FI-
                                               ‘‘(H) COBALT.—Cobalt which is—                          ‘‘(i) converted to yttrium oxide which is            NANCING RATE.—
                                               ‘‘(i) converted to cobalt sulfate, or                 purified to a minimum purity of 99.999 per-              (1) EXTENSION.—Section 4611 is amended by
                                               ‘‘(ii) purified to a minimum purity of 99.6           cent yttrium oxide by mass, or                         striking subsection (e).
                                             percent cobalt by mass.                                   ‘‘(ii) purified to a minimum purity of 99.9            (2) ADJUSTMENT FOR INFLATION.—
                                               ‘‘(I) DYSPROSIUM.—Dysprosium which is—                percent yttrium by mass.                                 (A) Section 4611(c)(2)(A) is amended by
                                               ‘‘(i) converted to not less than 99 percent             ‘‘(Z) OTHER MINERALS.—Any of the fol-                striking ‘‘9.7 cents’’ and inserting ‘‘16.4
                                             pure dysprosium iron alloy by mass, or                  lowing minerals, provided that such mineral            cents’’.
                                               ‘‘(ii) purified to a minimum purity of 99             is purified to a minimum purity of 99 percent            (B) Section 4611(c) is amended by adding at
                                             percent dysprosium by mass.                             by mass:                                               the end the following:
                                               ‘‘(J) EUROPIUM.—Europium which is—                      ‘‘(i) Arsenic.                                         ‘‘(3) ADJUSTMENT FOR INFLATION.—
                                               ‘‘(i) converted to europium oxide which is              ‘‘(ii) Bismuth.                                        ‘‘(A) IN GENERAL.—In the case of a year be-
                                             purified to a minimum purity of 99.9 percent              ‘‘(iii) Erbium.                                      ginning after 2023, the amount in paragraph
                                             europium oxide by mass, or                                ‘‘(iv) Gallium.                                      (2)(A) shall be increased by an amount equal
                                               ‘‘(ii) purified to a minimum purity of 99               ‘‘(v) Hafnium.                                       to—
                                             percent by mass.                                          ‘‘(vi) Holmium.                                        ‘‘(i) such amount, multiplied by
                                               ‘‘(K) FLUORSPAR.—Fluorspar which is—                    ‘‘(vii) Iridium.                                       ‘‘(ii) the cost-of-living adjustment deter-
                                               ‘‘(i) converted to fluorspar which is puri-             ‘‘(viii) Lanthanum.                                  mined under section 1(f)(3) for the calendar
                                             fied to a minimum purity of 97 percent cal-               ‘‘(ix) Lutetium.                                     year, determined by substituting ‘calendar
                                             cium fluoride by mass, or                                 ‘‘(x) Magnesium.                                     year 2022’ for ‘calendar year 2016’ in subpara-
                                               ‘‘(ii) purified to a minimum purity of 99               ‘‘(xi) Palladium.                                    graph (A)(ii) thereof.
                                             percent fluorspar by mass.                                ‘‘(xii) Platinum.                                      ‘‘(B) ROUNDING.—If any amount as adjusted
                                               ‘‘(L) GADOLINIUM.—Gadolinium which is—                  ‘‘(xiii) Praseodymium.                               under subparagraph (A) is not a multiple of
                                               ‘‘(i) converted to gadolinium oxide which is            ‘‘(xiv) Rhodium.                                     $0.01, such amount shall be rounded to the
                                             purified to a minimum purity of 99.9 percent              ‘‘(xv) Rubidium.                                     next lowest multiple of $0.01.’’.
                                             gadolinium oxide by mass, or                              ‘‘(xvi) Ruthenium.                                     (b) AUTHORITY FOR ADVANCES.—Section
                                               ‘‘(ii) purified to a minimum purity of 99               ‘‘(xvii) Samarium.                                   9507(d)(3)(B) is amended by striking ‘‘Decem-
                                             percent gadolinium by mass.                               ‘‘(xviii) Scandium.                                  ber 31, 1995’’ and inserting ‘‘December 31,
                                               ‘‘(M) GERMANIUM.—Germanium which is—                    ‘‘(xix) Tantalum.                                    2032’’.
                                               ‘‘(i) converted to germanium tetrachloride,             ‘‘(xx) Terbium.                                        (c) EFFECTIVE DATE.—The amendments
                                             or                                                        ‘‘(xxi) Thulium.                                     made by this section shall take effect on
                                               ‘‘(ii) purified to a minimum purity of 99.99            ‘‘(xxii) Titanium.                                   January 1, 2023.
                                             percent germanium by mass.                                ‘‘(xxiii) Ytterbium.
                                               ‘‘(N) GRAPHITE.—Graphite which is purified              ‘‘(xxiv) Zinc.                                       PART 7—INCENTIVES FOR CLEAN ELEC-
                                             to a minimum purity of 99.9 percent gra-                  ‘‘(xxv) Zirconium.                                     TRICITY AND CLEAN TRANSPORTATION
                                             phitic carbon by mass.                                    ‘‘(d) SPECIAL RULES.—In this section—                SEC. 13701. CLEAN ELECTRICITY PRODUCTION
                                               ‘‘(O) INDIUM.—Indium which is—                          ‘‘(1) RELATED PERSONS.—Persons shall be                          CREDIT.
                                               ‘‘(i) converted to—                                   treated as related to each other if such per-            (a) IN GENERAL.—Subpart D of part IV of
                                               ‘‘(I) indium tin oxide, or                            sons would be treated as a single employer             subchapter A of chapter 1, as amended by the
                                               ‘‘(II) indium oxide which is purified to a            under the regulations prescribed under sec-            preceding provisions of this Act, is amended
                                             minimum purity of 99.9 percent indium oxide             tion 52(b).                                            by adding at the end the following new sec-
                                             by mass, or                                               ‘‘(2) ONLY PRODUCTION IN THE UNITED                  tion:
                                               ‘‘(ii) purified to a minimum purity of 99             STATES TAKEN INTO ACCOUNT.—Sales shall be              ‘‘SEC. 45Y. CLEAN ELECTRICITY PRODUCTION
                                             percent indium by mass.                                 taken into account under this section only                          CREDIT.
                                               ‘‘(P) LITHIUM.—Lithium which is—                      with respect to eligible components the pro-              ‘‘(a) AMOUNT OF CREDIT.—
                                               ‘‘(i) converted to lithium carbonate or lith-         duction of which is within—                               ‘‘(1) IN GENERAL.—For purposes of section
                                             ium hydroxide, or                                         ‘‘(A) the United States (within the mean-            38, the clean electricity production credit for




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                                               ‘‘(ii) purified to a minimum purity of 99.9           ing of section 638(1)), or                             any taxable year is an amount equal to the
                                             percent lithium by mass.                                  ‘‘(B) a possession of the United States              product of—
                                               ‘‘(Q) MANGANESE.—Manganese which is—                  (within the meaning of section 638(2)).                  ‘‘(A) the kilowatt hours of electricity—
                                               ‘‘(i) converted to manganese sulphate, or               ‘‘(3) PASS-THRU IN THE CASE OF ESTATES AND             ‘‘(i) produced by the taxpayer at a qualified
                                               ‘‘(ii) purified to a minimum purity of 99.7           TRUSTS.—Under regulations prescribed by                facility, and
                                             percent manganese by mass.                              the Secretary, rules similar to the rules of             ‘‘(ii)(I) sold by the taxpayer to an unre-
                                               ‘‘(R) NEODYMIUM.—Neodymium which is—                  subsection (d) of section 52 shall apply.              lated person during the taxable year, or




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                                             S4272                                             CONGRESSIONAL RECORD — SENATE                                                         August 6, 2022
                                                ‘‘(II) in the case of a qualified facility           duction of electricity, expressed as grams of            ‘‘(C) for a facility the construction of
                                             which is equipped with a metering device                CO2e per KWh.                                          which begins during the third calendar year
                                             which is owned and operated by an unrelated               ‘‘(C) ESTABLISHMENT OF EMISSIONS RATES               following the applicable year, 50 percent, and
                                             person, sold, consumed, or stored by the tax-           FOR FACILITIES.—                                         ‘‘(D) for a facility the construction of
                                             payer during the taxable year, multiplied by              ‘‘(i) PUBLISHING EMISSIONS RATES.—The                which begins during any calendar year subse-
                                                ‘‘(B) the applicable amount with respect to          Secretary shall annually publish a table that          quent to the calendar year described in sub-
                                             such qualified facility.                                sets forth the greenhouse gas emissions rates          paragraph (C), 0 percent.
                                                ‘‘(2) APPLICABLE AMOUNT.—                            for types or categories of facilities, which a           ‘‘(3) APPLICABLE YEAR.—For purposes of
                                                ‘‘(A) BASE AMOUNT.—Subject to subsection             taxpayer shall use for purposes of this sec-           this subsection, the term ‘applicable year’
                                             (g)(7), in the case of any qualified facility           tion.                                                  means the later of—
                                             which is not described in clause (i) or (ii) of           ‘‘(ii) PROVISIONAL EMISSIONS RATE.—In the              ‘‘(A) the calendar year in which the Sec-
                                             subparagraph (B) and does not satisfy the re-           case of any facility for which an emissions            retary determines that the annual green-
                                             quirements described in clause (iii) of such            rate has not been established by the Sec-              house gas emissions from the production of
                                             subparagraph, the applicable amount shall               retary, a taxpayer which owns such facility            electricity in the United States are equal to
                                             be 0.3 cents.                                           may file a petition with the Secretary for de-         or less than 25 percent of the annual green-
                                                ‘‘(B) ALTERNATIVE AMOUNT.—Subject to                 termination of the emissions rate with re-             house gas emissions from the production of
                                             subsection (g)(7), in the case of any qualified         spect to such facility.                                electricity in the United States for calendar
                                             facility—                                                 ‘‘(D) CARBON CAPTURE AND SEQUESTRATION               year 2022, or
                                                ‘‘(i) with a maximum net output of less              EQUIPMENT.—For purposes of this subsection,              ‘‘(B) 2032.
                                             than 1 megawatt (as measured in alternating             the amount of greenhouse gases emitted into              ‘‘(e) DEFINITIONS.—For purposes of this sec-
                                             current),                                               the atmosphere by a facility in the produc-            tion:
                                                ‘‘(ii) the construction of which begins prior        tion of electricity shall not include any                ‘‘(1) CO2e PER KWh.—The term ‘CO2e per
                                             to the date that is 60 days after the Sec-              qualified carbon dioxide that is captured by           KWh’ means, with respect to any greenhouse
                                             retary publishes guidance with respect to the           the taxpayer and—                                      gas, the equivalent carbon dioxide (as deter-
                                             requirements of paragraphs (9) and (10) of                ‘‘(i) pursuant to any regulations estab-             mined based on global warming potential)
                                             subsection (g), or                                      lished under paragraph (2) of section 45Q(f),          per kilowatt hour of electricity produced.
                                                ‘‘(iii) which—                                       disposed of by the taxpayer in secure geo-               ‘‘(2) GREENHOUSE GAS.—The term ‘green-
                                                ‘‘(I) satisfies the requirements under para-         logical storage, or                                    house gas’ has the same meaning given such
                                             graph (9) of subsection (g), and                          ‘‘(ii) utilized by the taxpayer in a manner          term under section 211(o)(1)(G) of the Clean
                                                ‘‘(II) with respect to the construction of           described in paragraph (5) of such section.            Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect
                                             such facility, satisfies the requirements                 ‘‘(c) INFLATION ADJUSTMENT.—                         on the date of the enactment of this section.
                                             under paragraph (10) of subsection (g),                   ‘‘(1) IN GENERAL.—In the case of a calendar            ‘‘(3) QUALIFIED CARBON DIOXIDE.—The term
                                             the applicable amount shall be 1.5 cents.               year beginning after 2024, the 0.3 cent                ‘qualified carbon dioxide’ means carbon diox-
                                                ‘‘(b) QUALIFIED FACILITY.—                           amount in paragraph (2)(A) of subsection (a)           ide captured from an industrial source
                                                ‘‘(1) IN GENERAL.—                                   and the 1.5 cent amount in paragraph (2)(B)            which—
                                                ‘‘(A) DEFINITION.—Subject to subpara-                of such subsection shall each be adjusted by             ‘‘(A) would otherwise be released into the
                                             graphs (B), (C), and (D), the term ‘qualified           multiplying such amount by the inflation               atmosphere as industrial emission of green-
                                             facility’ means a facility owned by the tax-            adjustment factor for the calendar year in             house gas,
                                             payer—                                                  which the sale, consumption, or storage of               ‘‘(B) is measured at the source of capture
                                                ‘‘(i) which is used for the generation of            the electricity occurs. If the 0.3 cent amount         and verified at the point of disposal or utili-
                                             electricity,                                            as increased under this paragraph is not a             zation, and
                                                ‘‘(ii) which is placed in service after De-          multiple of 0.05 cent, such amount shall be              ‘‘(C) is captured and disposed or utilized
                                             cember 31, 2024, and                                    rounded to the nearest multiple of 0.05 cent.          within the United States (within the mean-
                                                ‘‘(iii) for which the greenhouse gas emis-           If the 1.5 cent amount as increased under              ing of section 638(1)) or a possession of the
                                             sions rate (as determined under paragraph               this paragraph is not a multiple of 0.1 cent,          United States (within the meaning of section
                                             (2)) is not greater than zero.                          such amount shall be rounded to the nearest            638(2)).
                                                ‘‘(B) 10-YEAR PRODUCTION CREDIT.—For pur-            multiple of 0.1 cent.                                    ‘‘(f) GUIDANCE.—Not later than January 1,
                                             poses of this section, a facility shall only be           ‘‘(2) ANNUAL COMPUTATION.—The Secretary              2025, the Secretary shall issue guidance re-
                                             treated as a qualified facility during the 10-          shall, not later than April 1 of each calendar         garding implementation of this section, in-
                                             year period beginning on the date the facil-            year, determine and publish in the Federal             cluding calculation of greenhouse gas emis-
                                             ity was originally placed in service.                   Register the inflation adjustment factor for           sion rates for qualified facilities and deter-
                                                ‘‘(C) EXPANSION OF FACILITY; INCREMENTAL             such calendar year in accordance with this             mination of clean electricity production
                                             PRODUCTION.—The term ‘qualified facility’               subsection.                                            credits under this section.
                                             shall include either of the following in con-             ‘‘(3) INFLATION ADJUSTMENT FACTOR.—The                 ‘‘(g) SPECIAL RULES.—
                                             nection with a facility described in subpara-           term ‘inflation adjustment factor’ means,                ‘‘(1) ONLY PRODUCTION IN THE UNITED
                                             graph (A) (without regard to clause (ii) of             with respect to a calendar year, a fraction            STATES TAKEN INTO ACCOUNT.—Consumption,
                                             such subparagraph) which was placed in serv-            the numerator of which is the GDP implicit             sales, or storage shall be taken into account
                                             ice before January 1, 2025, but only to the ex-         price deflator for the preceding calendar              under this section only with respect to elec-
                                             tent of the increased amount of electricity             year and the denominator of which is the               tricity the production of which is within—
                                             produced at the facility by reason of the fol-          GDP implicit price deflator for the calendar             ‘‘(A) the United States (within the mean-
                                             lowing:                                                 year 1992. The term ‘GDP implicit price                ing of section 638(1)), or
                                                ‘‘(i) A new unit which is placed in service          deflator’ means the most recent revision of              ‘‘(B) a possession of the United States
                                             after December 31, 2024.                                the implicit price deflator for the gross do-          (within the meaning of section 638(2)).
                                                ‘‘(ii) Any additions of capacity which are           mestic product as computed and published                 ‘‘(2) COMBINED HEAT AND POWER SYSTEM
                                             placed in service after December 31, 2024.              by the Department of Commerce before                   PROPERTY.—
                                                ‘‘(D) COORDINATION WITH OTHER CREDITS.—              March 15 of the calendar year.                           ‘‘(A) IN GENERAL.—For purposes of sub-
                                             The term ‘qualified facility’ shall not in-               ‘‘(d) CREDIT PHASE-OUT.—                             section (a)—
                                             clude any facility for which a credit deter-              ‘‘(1) IN GENERAL.—The amount of the clean              ‘‘(i) the kilowatt hours of electricity pro-
                                             mined under section 45, 45J, 45Q, 45U, 48, 48A,         electricity production credit under sub-               duced by a taxpayer at a qualified facility
                                             or 48E is allowed under section 38 for the tax-         section (a) for any qualified facility the con-        shall include any production in the form of
                                             able year or any prior taxable year.                    struction of which begins during a calendar            useful thermal energy by any combined heat
                                                ‘‘(2) GREENHOUSE GAS EMISSIONS RATE.—                year described in paragraph (2) shall be equal         and power system property within such facil-
                                                ‘‘(A) IN GENERAL.—For purposes of this sec-          to the product of—                                     ity, and
                                             tion, the term ‘greenhouse gas emissions                  ‘‘(A) the amount of the credit determined              ‘‘(ii) the amount of greenhouse gases emit-
                                             rate’ means the amount of greenhouse gases              under subsection (a) without regard to this            ted into the atmosphere by such facility in
                                             emitted into the atmosphere by a facility in            subsection, multiplied by                              the production of such useful thermal energy
                                             the production of electricity, expressed as               ‘‘(B) the phase-out percentage under para-           shall be included for purposes of determining
                                             grams of CO2e per KWh.                                  graph (2).                                             the greenhouse gas emissions rate for such
                                                ‘‘(B) FUEL COMBUSTION AND GASIFICATION.—               ‘‘(2) PHASE-OUT PERCENTAGE.—The phase-               facility.
                                             In the case of a facility which produces elec-          out percentage under this paragraph is equal             ‘‘(B) COMBINED HEAT AND POWER SYSTEM
                                             tricity through combustion or gasification,             to—                                                    PROPERTY.—For purposes of this paragraph,




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                                             the greenhouse gas emissions rate for such                ‘‘(A) for a facility the construction of             the term ‘combined heat and power system
                                             facility shall be equal to the net rate of              which begins during the first calendar year            property’ has the same meaning given such
                                             greenhouse gases emitted into the atmos-                following the applicable year, 100 percent,            term by section 48(c)(3) (without regard to
                                             phere by such facility (taking into account               ‘‘(B) for a facility the construction of             subparagraphs (A)(iv), (B), and (D) thereof).
                                             lifecycle greenhouse gas emissions, as de-              which begins during the second calendar                  ‘‘(C) CONVERSION FROM BTU TO KWH.—
                                             scribed in section 211(o)(1)(H) of the Clean            year following the applicable year, 75 per-              ‘‘(i) IN GENERAL.—For purposes of subpara-
                                             Air Act (42 U.S.C. 7545(o)(1)(H))) in the pro-          cent,                                                  graph (A)(i), the amount of kilowatt hours of




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                      S4273
                                             electricity produced in the form of useful              shall be treated as an increase in tax im-               ‘‘(IV) in the case of a facility the construc-
                                             thermal energy shall be equal to the                    posed by this chapter on the organization.             tion of which begins after December 31, 2026,
                                             quotient of—                                            Such increase shall not be treated as tax im-          55 percent.
                                               ‘‘(I) the total useful thermal energy pro-            posed by this chapter for purposes of deter-             ‘‘(ii) OFFSHORE WIND FACILITY.—For pur-
                                             duced by the combined heat and power sys-               mining the amount of any credit under this             poses of subparagraph (B)(iii), in the case of
                                             tem property within the qualified facility,             chapter.                                               a qualified facility which is an offshore wind
                                             divided by                                                ‘‘(D) ELIGIBLE COOPERATIVE DEFINED.—For              facility, the adjusted percentage shall be—
                                               ‘‘(II) the heat rate for such facility.               purposes of this section, the term ‘eligible             ‘‘(I) in the case of a facility the construc-
                                               ‘‘(ii) HEAT RATE.—For purposes of this sub-           cooperative’ means a cooperative organiza-             tion of which begins before January 1, 2025,
                                             paragraph, the term ‘heat rate’ means the               tion described in section 1381(a) which is             20 percent,
                                             amount of energy used by the qualified facil-           owned more than 50 percent by agricultural               ‘‘(II) in the case of a facility the construc-
                                             ity to generate 1 kilowatt hour of elec-                producers or by entities owned by agricul-             tion of which begins after December 31, 2024,
                                             tricity, expressed as British thermal units             tural producers. For this purpose an entity            and before January 1, 2026, 27.5 percent,
                                             per net kilowatt hour generated.                        owned by an agricultural producer is one                 ‘‘(III) in the case of a facility the construc-
                                               ‘‘(3) PRODUCTION ATTRIBUTABLE TO THE TAX-             that is more than 50 percent owned by agri-            tion of which begins after December 31, 2025,
                                             PAYER.—In the case of a qualified facility in           cultural producers.                                    and before January 1, 2027, 35 percent,
                                             which more than 1 person has an ownership                 ‘‘(7) INCREASE IN CREDIT IN ENERGY COMMU-              ‘‘(IV) in the case of a facility the construc-
                                             interest, except to the extent provided in              NITIES.—In the case of any qualified facility
                                                                                                                                                            tion of which begins after December 31, 2026,
                                             regulations prescribed by the Secretary, pro-           which is located in an energy community (as            and before January 1, 2028, 45 percent, and
                                             duction from the facility shall be allocated            defined in section 45(b)(11)(B)), for purposes           ‘‘(V) in the case of a facility the construc-
                                             among such persons in proportion to their               of determining the amount of the credit                tion of which begins after December 31, 2027,
                                             respective ownership interests in the gross                                                                    55 percent.
                                                                                                     under subsection (a) with respect to any
                                             sales from such facility.                                                                                        ‘‘(12) PHASEOUT FOR ELECTIVE PAYMENT.—
                                                                                                     electricity produced by the taxpayer at such
                                               ‘‘(4) RELATED PERSONS.—Persons shall be                                                                        ‘‘(A) IN GENERAL.—In the case of a taxpayer
                                                                                                     facility during the taxable year, the applica-
                                             treated as related to each other if such per-                                                                  making an election under section 6417 with
                                                                                                     ble amount under paragraph (2) of such sub-
                                             sons would be treated as a single employer                                                                     respect to a credit under this section, the
                                                                                                     section shall be increased by an amount
                                             under the regulations prescribed under sec-                                                                    amount of such credit shall be replaced
                                                                                                     equal to 10 percent of the amount otherwise
                                             tion 52(b). In the case of a corporation which                                                                 with—
                                                                                                     in effect under such paragraph.
                                             is a member of an affiliated group of cor-                                                                       ‘‘(i) the value of such credit (determined
                                                                                                       ‘‘(8) CREDIT REDUCED FOR TAX-EXEMPT
                                             porations filing a consolidated return, such                                                                   without regard to this paragraph), multi-
                                                                                                     BONDS.—Rules similar to the rules of section
                                             corporation shall be treated as selling elec-                                                                  plied by
                                                                                                     45(b)(3) shall apply.
                                             tricity to an unrelated person if such elec-                                                                     ‘‘(ii) the applicable percentage.
                                                                                                       ‘‘(9) WAGE REQUIREMENTS.—Rules similar to              ‘‘(B) 100 PERCENT APPLICABLE PERCENTAGE
                                             tricity is sold to such a person by another             the rules of section 45(b)(7) shall apply.
                                             member of such group.                                                                                          FOR CERTAIN QUALIFIED FACILITIES.—In the
                                                                                                       ‘‘(10)    APPRENTICESHIP      REQUIREMENTS.—
                                                                                                                                                            case of any qualified facility—
                                               ‘‘(5) PASS-THRU IN THE CASE OF ESTATES AND            Rules similar to the rules of section 45(b)(8)
                                             TRUSTS.—Under regulations prescribed by                                                                          ‘‘(i) which satisfies the requirements under
                                                                                                     shall apply.                                           paragraph (11)(B), or
                                             the Secretary, rules similar to the rules of              ‘‘(11) DOMESTIC CONTENT BONUS CREDIT
                                             subsection (d) of section 52 shall apply.                                                                        ‘‘(ii) with a maximum net output of less
                                                                                                     AMOUNT.—                                               than 1 megawatt (as measured in alternating
                                               ‘‘(6) ALLOCATION OF CREDIT TO PATRONS OF                ‘‘(A) IN GENERAL.—In the case of any quali-
                                             AGRICULTURAL COOPERATIVE.—                                                                                     current),
                                                                                                     fied facility which satisfies the requirement          the applicable percentage shall be 100 per-
                                               ‘‘(A) ELECTION TO ALLOCATE.—                          under subparagraph (B)(i), the amount of the
                                               ‘‘(i) IN GENERAL.—In the case of an eligible                                                                 cent.
                                                                                                     credit determined under subsection (a) shall             ‘‘(C) PHASED DOMESTIC CONTENT REQUIRE-
                                             cooperative organization, any portion of the
                                                                                                     be increased by an amount equal to 10 per-             MENT.—Subject to subparagraph (D), in the
                                             credit determined under subsection (a) for
                                                                                                     cent of the amount so determined (as deter-            case of any qualified facility which is not de-
                                             the taxable year may, at the election of the
                                                                                                     mined without application of paragraph (7)).           scribed in subparagraph (B), the applicable
                                             organization, be apportioned among patrons
                                                                                                       ‘‘(B) REQUIREMENT.—                                  percentage shall be—
                                             of the organization on the basis of the
                                                                                                       ‘‘(i) IN GENERAL.—The requirement de-                  ‘‘(i) if construction of such facility began
                                             amount of business done by the patrons dur-
                                                                                                     scribed in this subclause is satisfied with re-        before January 1, 2024, 100 percent,
                                             ing the taxable year.
                                                                                                     spect to any qualified facility if the taxpayer          ‘‘(ii) if construction of such facility began
                                               ‘‘(ii) FORM AND EFFECT OF ELECTION.—An
                                                                                                     certifies to the Secretary (at such time, and          in calendar year 2024, 90 percent,
                                             election under clause (i) for any taxable year
                                                                                                     in such form and manner, as the Secretary                ‘‘(iii) if construction of such facility began
                                             shall be made on a timely filed return for
                                             such year. Such election, once made, shall be           may prescribe) that any steel, iron, or manu-          in calendar year 2025, 85 percent, and
                                             irrevocable for such taxable year. Such elec-           factured product which is a component of                 ‘‘(iv) if construction of such facility began
                                             tion shall not take effect unless the organi-           such facility (upon completion of construc-            after December 31, 2025, 0 percent.
                                             zation designates the apportionment as such             tion) was produced in the United States (as              ‘‘(D) EXCEPTION.—
                                             in a written notice mailed to its patrons dur-          determined under section 661 of title 49, Code           ‘‘(i) IN GENERAL.—For purposes of this
                                             ing the payment period described in section             of Federal Regulations).                               paragraph, the Secretary shall provide ex-
                                             1382(d).                                                  ‘‘(ii) STEEL AND IRON.—In the case of steel          ceptions to the requirements under this
                                               ‘‘(B) TREATMENT OF ORGANIZATIONS AND PA-              or iron, clause (i) shall be applied in a man-         paragraph if—
                                             TRONS.—The amount of the credit appor-                  ner consistent with section 661.5 of title 49,           ‘‘(I) the inclusion of steel, iron, or manu-
                                             tioned to any patrons under subparagraph                Code of Federal Regulations.                           factured products which are produced in the
                                             (A)—                                                      ‘‘(iii) MANUFACTURED PRODUCT.—For pur-               United States increases the overall costs of
                                               ‘‘(i) shall not be included in the amount de-         poses of clause (i), the manufactured prod-            construction of qualified facilities by more
                                             termined under subsection (a) with respect              ucts which are components of a qualified fa-           than 25 percent, or
                                             to the organization for the taxable year, and           cility upon completion of construction shall             ‘‘(II) relevant steel, iron, or manufactured
                                               ‘‘(ii) shall be included in the amount deter-         be deemed to have been produced in the                 products are not produced in the United
                                             mined under subsection (a) for the first tax-           United States if not less than the adjusted            States in sufficient and reasonably available
                                             able year of each patron ending on or after             percentage (as determined under subpara-               quantities or of a satisfactory quality.
                                             the last day of the payment period (as de-              graph (C)) of the total costs of all such man-           ‘‘(ii) APPLICABLE PERCENTAGE.—In any case
                                             fined in section 1382(d)) for the taxable year          ufactured products of such facility are at-            in which the Secretary provides an exception
                                             of the organization or, if earlier, for the tax-        tributable to manufactured products (includ-           pursuant to clause (i), the applicable per-
                                             able year of each patron ending on or after             ing components) which are mined, produced,             centage shall be 100 percent.’’.
                                             the date on which the patron receives notice            or manufactured in the United States.                    (b) CONFORMING AMENDMENTS.—
                                             from the cooperative of the apportionment.                ‘‘(C) ADJUSTED PERCENTAGE.—                            (1) Section 38(b), as amended by the pre-
                                               ‘‘(C) SPECIAL RULES FOR DECREASE IN CRED-               ‘‘(i) IN GENERAL.—Subject to subclause (ii),         ceding provisions of this Act, is amended—
                                             ITS FOR TAXABLE YEAR.—If the amount of the              for purposes of subparagraph (B)(iii), the ad-           (A) in paragraph (37), by striking ‘‘plus’’ at
                                             credit of a cooperative organization deter-             justed percentage shall be—                            the end,
                                             mined under subsection (a) for a taxable year             ‘‘(I) in the case of a facility the construc-          (B) in paragraph (38), by striking the pe-
                                             is less than the amount of such credit shown            tion of which begins before January 1, 2025,           riod at the end and inserting ‘‘, plus’’, and




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                                             on the return of the cooperative organization           40 percent,                                              (C) by adding at the end the following new
                                             for such year, an amount equal to the excess              ‘‘(II) in the case of a facility the construc-       paragraph:
                                             of—                                                     tion of which begins after December 31, 2024,            ‘‘(39) the clean electricity production cred-
                                               ‘‘(i) such reduction, over                            and before January 1, 2026, 45 percent,                it determined under section 45Y(a).’’.
                                               ‘‘(ii) the amount not apportioned to such               ‘‘(III) in the case of a facility the construc-        (2) The table of sections for subpart D of
                                             patrons under subparagraph (A) for the tax-             tion of which begins after December 31, 2025,          part IV of subchapter A of chapter 1, as
                                             able year,                                              and before January 1, 2027, 50 percent, and            amended by the preceding provisions of this




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                                             S4274                                             CONGRESSIONAL RECORD — SENATE                                                         August 6, 2022
                                             Act, is amended by adding at the end the fol-           increased by the applicable credit rate in-              ‘‘(v) a clean electricity production credit
                                             lowing new item:                                        crease.                                                determined under section 45Y,
                                             ‘‘Sec. 45Y. Clean electricity production cred-            ‘‘(ii) APPLICABLE CREDIT RATE INCREASE.—               ‘‘(vi) an energy credit determined under
                                                           it.’’.                                    For purposes of clause (i), the applicable             section 48, or
                                               (c) EFFECTIVE DATE.—The amendments                    credit rate increase shall be an amount equal            ‘‘(vii) a qualifying advanced coal project
                                             made by this section shall apply to facilities          to—                                                    credit under section 48A,
                                             placed in service after December 31, 2024.                ‘‘(I) in the case of any qualified investment        is allowed under section 38 for the taxable
                                             SEC. 13702. CLEAN ELECTRICITY INVESTMENT                with respect to a qualified facility described         year or any prior taxable year.
                                                         CREDIT.                                     in paragraph (2)(A)(i) or with respect to en-            ‘‘(4) QUALIFIED INTERCONNECTION PROP-
                                               (a) IN GENERAL.—Subpart E of part IV of               ergy storage technology described in para-             ERTY.—For purposes of this paragraph, the
                                             subchapter A of chapter 1, as amended by                graph (2)(B)(i), 2 percentage points, and              term ‘qualified interconnection property’
                                             section 107(a) of the CHIPS Act of 2022, is               ‘‘(II) in the case of any qualified invest-          has the meaning given such term in section
                                             amended by inserting after section 48D the              ment with respect to a qualified facility de-          48(a)(8)(B).
                                             following new section:                                  scribed in paragraph (2)(A)(ii) or with respect          ‘‘(5) COORDINATION WITH REHABILITATION
                                                                                                     to energy storage technology described in              CREDIT.—The qualified investment with re-
                                             ‘‘SEC. 48E. CLEAN ELECTRICITY INVESTMENT
                                                          CREDIT.                                    paragraph (2)(B)(ii), 10 percentage points.            spect to any qualified facility for any tax-
                                                                                                       ‘‘(B) DOMESTIC CONTENT.—Rules similar to             able year shall not include that portion of
                                                ‘‘(a) INVESTMENT CREDIT FOR QUALIFIED
                                                                                                     the rules of section 48(a)(12) shall apply.            the basis of any property which is attrib-
                                             PROPERTY.—                                                ‘‘(b) QUALIFIED INVESTMENT WITH RESPECT
                                                ‘‘(1) IN GENERAL.—For purposes of section                                                                   utable to qualified rehabilitation expendi-
                                                                                                     TO A QUALIFIED FACILITY.—
                                             46, the clean electricity investment credit               ‘‘(1) IN GENERAL.—For purposes of sub-               tures (as defined in section 47(c)(2)).
                                             for any taxable year is an amount equal to              section (a), the qualified investment with re-           ‘‘(6) DEFINITIONS.—For purposes of this sub-
                                             the applicable percentage of the qualified in-          spect to any qualified facility for any tax-           section, the terms ‘CO2e per KWh’ and
                                             vestment for such taxable year with respect             able year is the sum of—                               ‘greenhouse gas emissions rate’ have the
                                             to—                                                       ‘‘(A) the basis of any qualified property            same meaning given such terms under sec-
                                               ‘‘(A) any qualified facility, and                     placed in service by the taxpayer during such          tion 45Y.
                                               ‘‘(B) any energy storage technology.                  taxable year which is part of a qualified fa-            ‘‘(c) QUALIFIED INVESTMENT WITH RESPECT
                                               ‘‘(2) APPLICABLE PERCENTAGE.—                         cility, plus                                           TO ENERGY STORAGE TECHNOLOGY.—
                                               ‘‘(A) QUALIFIED FACILITIES.—Subject to                  ‘‘(B) the amount of any expenditures which             ‘‘(1) QUALIFIED INVESTMENT.—For purposes
                                             paragraph (3)—                                          are—
                                               ‘‘(i) BASE RATE.—In the case of any quali-                                                                   of subsection (a), the qualified investment
                                                                                                       ‘‘(i) paid or incurred by the taxpayer for           with respect to energy storage technology
                                             fied facility which is not described in sub-            qualified interconnection property—
                                             clause (I) or (II) of clause (ii) and does not                                                                 for any taxable year is the basis of any en-
                                                                                                       ‘‘(I) in connection with a qualified facility        ergy storage technology placed in service by
                                             satisfy the requirements described in sub-              which has a maximum net output of not
                                             clause (III) of such clause, the applicable per-                                                               the taxpayer during such taxable year.
                                                                                                     greater than 5 megawatts (as measured in al-             ‘‘(2) ENERGY STORAGE TECHNOLOGY.—For
                                             centage shall be 6 percent.                             ternating current), and
                                               ‘‘(ii) ALTERNATIVE RATE.—In the case of                                                                      purposes of this section, the term ‘energy
                                                                                                       ‘‘(II) placed in service during the taxable
                                             any qualified facility—                                                                                        storage technology’ has the meaning given
                                                                                                     year of the taxpayer, and
                                               ‘‘(I) with a maximum net output of less                                                                      such term in section 48(c)(6) (except that
                                                                                                       ‘‘(ii) properly chargeable to capital ac-
                                             than 1 megawatt (as measured in alternating                                                                    subparagraph (D) of such section shall not
                                                                                                     count of the taxpayer.
                                             current),                                                                                                      apply).
                                                                                                       ‘‘(2) QUALIFIED PROPERTY.—For purposes of
                                               ‘‘(II) the construction of which begins prior         this section, the term ‘qualified property’              ‘‘(d) SPECIAL RULES.—
                                             to the date that is 60 days after the Sec-              means property—                                          ‘‘(1) CERTAIN PROGRESS EXPENDITURE RULES
                                             retary publishes guidance with respect to the             ‘‘(A) which is—                                      MADE APPLICABLE.—Rules similar to the rules
                                             requirements of paragraphs (3) and (4) of sub-            ‘‘(i) tangible personal property, or                 of subsections (c)(4) and (d) of section 46 (as
                                             section (d), or                                           ‘‘(ii) other tangible property (not including        in effect on the day before the date of the en-
                                               ‘‘(III) which—                                        a building or its structural components), but          actment of the Revenue Reconciliation Act
                                               ‘‘(aa) satisfies the requirements of sub-             only if such property is used as an integral           of 1990) shall apply for purposes of subsection
                                             section (d)(3), and                                     part of the qualified facility,                        (a).
                                               ‘‘(bb) with respect to the construction of              ‘‘(B) with respect to which depreciation (or           ‘‘(2) SPECIAL RULE FOR PROPERTY FINANCED
                                             such facility, satisfies the requirements of            amortization in lieu of depreciation) is al-           BY SUBSIDIZED ENERGY FINANCING OR PRIVATE
                                             subsection (d)(4),                                      lowable, and                                           ACTIVITY BONDS.—Rules similar to the rules
                                             the applicable percentage shall be 30 percent.            ‘‘(C)(i) the construction, reconstruction, or        of section 45(b)(3) shall apply.
                                               ‘‘(B) ENERGY STORAGE TECHNOLOGY.—Sub-                 erection of which is completed by the tax-               ‘‘(3) PREVAILING WAGE REQUIREMENTS.—
                                             ject to paragraph (3)—                                  payer, or                                              Rules similar to the rules of section 48(a)(10)
                                               ‘‘(i) BASE RATE.—In the case of any energy              ‘‘(ii) which is acquired by the taxpayer if          shall apply.
                                             storage technology which is not described in            the original use of such property commences              ‘‘(4) APPRENTICESHIP REQUIREMENTS.—Rules
                                             subclause (I) or (II) of clause (ii) and does not       with the taxpayer.                                     similar to the rules of section 45(b)(8) shall
                                             satisfy the requirements described in sub-                ‘‘(3) QUALIFIED FACILITY.—                           apply.
                                             clause (III) of such clause, the applicable per-          ‘‘(A) IN GENERAL.—For purposes of this sec-            ‘‘(5) DOMESTIC CONTENT REQUIREMENT FOR
                                             centage shall be 6 percent.                             tion, the term ‘qualified facility’ means a fa-        ELECTIVE PAYMENT.—In the case of a tax-
                                               ‘‘(ii) ALTERNATIVE RATE.—In the case of               cility—                                                payer making an election under section 6417
                                             any energy storage technology—                            ‘‘(i) which is used for the generation of            with respect to a credit under this section,
                                               ‘‘(I) with a capacity of less than 1 mega-            electricity,                                           rules similar to the rules of section
                                             watt,                                                     ‘‘(ii) which is placed in service after De-          45Y(g)(12) shall apply.
                                               ‘‘(II) the construction of which begins prior         cember 31, 2024, and
                                             to the date that is 60 days after the Sec-                ‘‘(iii) for which the anticipated greenhouse           ‘‘(e) CREDIT PHASE-OUT.—
                                             retary publishes guidance with respect to the           gas emissions rate (as determined under sub-             ‘‘(1) IN GENERAL.—The amount of the clean
                                             requirements of paragraphs (3) and (4) of sub-          paragraph (B)(ii)) is not greater than zero.           electricity investment credit under sub-
                                             section (d), or                                           ‘‘(B) ADDITIONAL RULES.—                             section (a) for any qualified investment with
                                               ‘‘(III) which—                                          ‘‘(i) EXPANSION OF FACILITY; INCREMENTAL             respect to any qualified facility or energy
                                               ‘‘(aa) satisfies the requirements of sub-             PRODUCTION.—Rules similar to the rules of              storage technology the construction of
                                             section (d)(3), and                                     section 45Y(b)(1)(C) shall apply for purposes          which begins during a calendar year de-
                                               ‘‘(bb) with respect to the construction of            of this paragraph.                                     scribed in paragraph (2) shall be equal to the
                                             such property, satisfies the requirements of              ‘‘(ii) GREENHOUSE GAS EMISSIONS RATE.—               product of—
                                             subsection (d)(4),                                      Rules similar to the rules of section 45Y(b)(2)          ‘‘(A) the amount of the credit determined
                                             the applicable percentage shall be 30 percent.          shall apply for purposes of this paragraph.            under subsection (a) without regard to this
                                               ‘‘(3) INCREASE IN CREDIT RATE IN CERTAIN                ‘‘(C) EXCLUSION.—The term ‘qualified facil-          subsection, multiplied by
                                             CASES.—                                                 ity’ shall not include any facility for which—           ‘‘(B) the phase-out percentage under para-
                                               ‘‘(A) ENERGY COMMUNITIES.—                              ‘‘(i) a renewable electricity production             graph (2).
                                               ‘‘(i) IN GENERAL.—In the case of any quali-           credit determined under section 45,                      ‘‘(2) PHASE-OUT PERCENTAGE.—The phase-




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                                             fied investment with respect to a qualified               ‘‘(ii) an advanced nuclear power facility            out percentage under this paragraph is equal
                                             facility or with respect to energy storage              production credit determined under section             to—
                                             technology which is placed in service within            45J,                                                     ‘‘(A) for any qualified investment with re-
                                             an energy community (as defined in section                ‘‘(iii) a carbon oxide sequestration credit          spect to any qualified facility or energy stor-
                                             45(b)(11)(B)), for purposes of applying para-           determined under section 45Q,                          age technology the construction of which be-
                                             graph (2) with respect to such property or in-            ‘‘(iv) a zero-emission nuclear power pro-            gins during the first calendar year following
                                             vestment, the applicable percentage shall be            duction credit determined under section 45U,           the applicable year, 100 percent,




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                      S4275
                                               ‘‘(B) for any qualified investment with re-           covered housing program (as defined in sec-               ‘‘(i) IN GENERAL.—Paragraph (1) shall not
                                             spect to any qualified facility or energy stor-         tion 41411(a) of the Violence Against Women            apply with respect to any property which is
                                             age technology the construction of which be-            Act of 1994 (34 U.S.C. 12491(a)(3)), a housing         placed in service after the date that is 4
                                             gins during the second calendar year fol-               assistance program administered by the De-             years after the date of the allocation with
                                             lowing the applicable year, 75 percent,                 partment of Agriculture under title V of the           respect to the facility of which such property
                                               ‘‘(C) for any qualified investment with re-           Housing Act of 1949, a housing program ad-             is a part.
                                             spect to any qualified facility or energy stor-         ministered by a tribally designated housing               ‘‘(ii) APPLICATION OF CARRYOVER.—Any
                                             age technology the construction of which be-            entity (as defined in section 4(22) of the Na-         amount of environmental justice capacity
                                             gins during the third calendar year following           tive American Housing Assistance and Self-             limitation which expires under clause (i)
                                             the applicable year, 50 percent, and                    Determination Act of 1996 (25 U.S.C. 4103(22)))        during any calendar year shall be taken into
                                               ‘‘(D) for any qualified investment with re-           or such other affordable housing programs as           account as an excess described in subpara-
                                             spect to any qualified facility or energy stor-         the Secretary may provide, and                         graph (D)(i) (or as an increase in such excess)
                                             age technology the construction of which be-              ‘‘(ii) the financial benefits of the elec-           for such calendar year, subject to the limita-
                                             gins during any calendar year subsequent to             tricity produced by such facility are allo-            tion imposed by the last sentence of such
                                             the calendar year described in subparagraph             cated equitably among the occupants of the             subparagraph.
                                             (C), 0 percent.                                         dwelling units of such building.                          ‘‘(5) RECAPTURE.—The Secretary shall, by
                                               ‘‘(3) APPLICABLE YEAR.—For purposes of                  ‘‘(C) QUALIFIED LOW-INCOME ECONOMIC BEN-             regulations or other guidance, provide for re-
                                             this subsection, the term ‘applicable year’             EFIT PROJECT.—A facility shall be treated as           capturing the benefit of any increase in the
                                             has the same meaning given such term in                 part of a qualified low-income economic ben-           credit allowed under subsection (a) by reason
                                             section 45Y(d)(3).                                      efit project if at least 50 percent of the finan-      of this subsection with respect to any prop-
                                               ‘‘(f) GREENHOUSE GAS.—In this section, the            cial benefits of the electricity produced by           erty which ceases to be property eligible for
                                             term ‘greenhouse gas’ has the same meaning              such facility are provided to households with          such increase (but which does not cease to be
                                             given such term under section 45Y(e)(2).                income of—                                             investment credit property within the mean-
                                               ‘‘(g) RECAPTURE OF CREDIT.—For purposes                 ‘‘(i) less than 200 percent of the poverty           ing of section 50(a)). The period and percent-
                                             of section 50, if the Secretary determines              line (as defined in section 36B(d)(3)(A)) appli-       age of such recapture shall be determined
                                             that the greenhouse gas emissions rate for a            cable to a family of the size involved, or             under rules similar to the rules of section
                                             qualified facility is greater than 10 grams of            ‘‘(ii) less than 80 percent of area median           50(a). To the extent provided by the Sec-
                                             CO2e per KWh, any property for which a                  gross income (as determined under section              retary, such recapture may not apply with
                                             credit was allowed under this section with              142(d)(2)(B)).                                         respect to any property if, within 12 months
                                             respect to such facility shall cease to be in-            ‘‘(D) FINANCIAL BENEFIT.—For purposes of             after the date the taxpayer becomes aware
                                             vestment credit property in the taxable year            subparagraphs (B) and (C), electricity ac-             (or reasonably should have become aware) of
                                             in which the determination is made.                     quired at a below-market rate shall not fail           such property ceasing to be property eligible
                                               ‘‘(h) SPECIAL RULES FOR CERTAIN FACILI-               to be taken into account as a financial ben-
                                             TIES PLACED IN SERVICE IN CONNECTION WITH
                                                                                                                                                            for such increase, the eligibility of such
                                                                                                     efit.                                                  property for such increase is restored. The
                                             LOW-INCOME COMMUNITIES.—                                  ‘‘(3) ELIGIBLE PROPERTY.—For purposes of
                                               ‘‘(1) IN GENERAL.—In the case of any appli-                                                                  preceding sentence shall not apply more
                                                                                                     this subsection, the term ‘eligible property’          than once with respect to any facility.
                                             cable facility with respect to which the Sec-           means a qualified investment with respect to              ‘‘(i) GUIDANCE.—Not later than January 1,
                                             retary makes an allocation of environmental             any applicable facility.                               2025, the Secretary shall issue guidance re-
                                             justice capacity limitation under paragraph               ‘‘(4) ALLOCATIONS.—                                  garding implementation of this section.’’.
                                             (4)—                                                      ‘‘(A) IN GENERAL.—Not later than January                (b) CONFORMING AMENDMENTS.—
                                               ‘‘(A) the applicable percentage otherwise             1, 2025, the Secretary shall establish a pro-             (1) Section 46, as amended by section 107(d)
                                             determined under subsection (a)(2) with re-             gram to allocate amounts of environmental              of the CHIPS Act of 2022, is amended—
                                             spect to any eligible property which is part            justice capacity limitation to applicable fa-             (A) in paragraph (5), by striking ‘‘and’’ at
                                             of such facility shall be increased by—                 cilities. In establishing such program and to          the end,
                                               ‘‘(i) in the case of a facility described in          carry out the purposes of this subsection, the            (B) in paragraph (6), by striking the period
                                             subclause (I) of paragraph (2)(A)(iii) and not          Secretary shall provide procedures to allow            at the end and inserting ‘‘, and’’, and
                                             described in subclause (II) of such paragraph,          for an efficient allocation process, including,           (C) by adding at the end the following:
                                             10 percentage points, and                               when determined appropriate, consideration                ‘‘(7) the clean electricity investment cred-
                                               ‘‘(ii) in the case of a facility described in         of multiple projects in a single application if        it.’’.
                                             subclause (II) of paragraph (2)(A)(iii), 20 per-        such projects will be placed in service by a              (2) Section 49(a)(1)(C), as amended by sec-
                                             centage points, and                                     single taxpayer.                                       tion 107(d) of the CHIPS Act of 2022, is
                                               ‘‘(B) the increase in the credit determined             ‘‘(B) LIMITATION.—The amount of environ-             amended—
                                             under subsection (a) by reason of this sub-             mental justice capacity limitation allocated              (A) by striking ‘‘and’’ at the end of clause
                                             section for any taxable year with respect to            by the Secretary under subparagraph (A)                (v),
                                             all property which is part of such facility             during any calendar year shall not exceed                 (B) by striking the period at the end of
                                             shall not exceed the amount which bears the             the annual capacity limitation with respect            clause (vi) and inserting a comma, and
                                             same ratio to the amount of such increase               to such year.                                             (C) by adding at the end the following new
                                             (determined without regard to this subpara-               ‘‘(C) ANNUAL CAPACITY LIMITATION.—For                clauses:
                                             graph) as—                                              purposes of this paragraph, the term ‘annual              ‘‘(vii) the basis of any qualified property
                                               ‘‘(i) the environmental justice capacity              capacity limitation’ means 1.8 gigawatts of            which is part of a qualified facility under
                                             limitation allocated to such facility, bears            direct current capacity for each calendar              section 48E, and
                                             to                                                      year during the period beginning on January               ‘‘(viii) the basis of any energy storage
                                               ‘‘(ii) the total megawatt nameplate capac-            1, 2025, and ending on December 31 of the ap-          technology under section 48E.’’.
                                             ity of such facility, as measured in direct             plicable year (as defined in section 45Y(d)(3)),          (3) Section 50(a)(2)(E), as amended by sec-
                                             current.                                                and zero thereafter.                                   tion 107(d) of the CHIPS Act of 2022, is
                                               ‘‘(2) APPLICABLE FACILITY.—For purposes of              ‘‘(D) CARRYOVER OF UNUSED LIMITATION.—               amended by striking ‘‘or 48D(b)(5)’’ and in-
                                             this subsection—                                          ‘‘(i) IN GENERAL.—If the annual capacity             serting ‘‘48D(b)(5), or 48E(e)’’.
                                               ‘‘(A) IN GENERAL.—The term ‘applicable fa-            limitation for any calendar year exceeds the              (4) Section 50(c)(3) is amended by inserting
                                             cility’ means any qualified facility—                   aggregate amount allocated for such year               ‘‘or clean electricity investment credit’’
                                               ‘‘(i) which is not described in section               under this paragraph, such limitation for the          after ‘‘In the case of any energy credit’’.
                                             45Y(b)(2)(B),                                           succeeding calendar year shall be increased               (5) The table of sections for subpart E of
                                               ‘‘(ii) which has a maximum net output of              by the amount of such excess. No amount                part IV of subchapter A of chapter 1, as
                                             less than 5 megawatts (as measured in alter-            may be carried under the preceding sentence            amended by section 107(d) of the CHIPS Act
                                             nating current), and                                    to any calendar year after the third calendar          of 2022, is amended by inserting after the
                                               ‘‘(iii) which—                                        year following the applicable year (as de-             item relating to section 48D the following
                                               ‘‘(I) is located in a low-income community            fined in section 45Y(d)(3)).                           new item:
                                             (as defined in section 45D(e)) or on Indian               ‘‘(ii) CARRYOVER FROM SECTION 48 FOR CAL-
                                                                                                                                                            ‘‘48E. Clean electricity investment credit.’’.
                                             land (as defined in section 2601(2) of the En-          ENDAR YEAR 2025.—If the annual capacity lim-
                                                                                                                                                               (c) EFFECTIVE DATE.—The amendments
                                             ergy Policy Act of 1992 (25 U.S.C. 3501(2))), or        itation for calendar year 2024 under section           made by this section shall apply to property
                                               ‘‘(II) is part of a qualified low-income resi-        48(e)(4)(D) exceeds the aggregate amount al-           placed in service after December 31, 2024.
                                             dential building project or a qualified low-in-         located for such year under such section,              SEC. 13703. COST RECOVERY FOR QUALIFIED FA-




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                                             come economic benefit project.                          such excess amount may be carried over and                          CILITIES, QUALIFIED PROPERTY,
                                               ‘‘(B) QUALIFIED LOW-INCOME RESIDENTIAL                applied to the annual capacity limitation                           AND    ENERGY  STORAGE  TECH-
                                             BUILDING PROJECT.—A facility shall be treat-            under this subsection for calendar year 2025.                       NOLOGY.
                                             ed as part of a qualified low-income residen-           The annual capacity limitation for calendar              (a) IN GENERAL.—Section 168(e)(3)(B) is
                                             tial building project if—                               year 2025 shall be increased by the amount of          amended—
                                               ‘‘(i) such facility is installed on a residen-        such excess.                                             (1) in clause (vi)(III), by striking ‘‘and’’ at
                                             tial rental building which participates in a              ‘‘(E) PLACED IN SERVICE DEADLINE.—                   the end,




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                                             S4276                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2022
                                               (2) in clause (vii), by striking the period at           ‘‘(b) EMISSIONS FACTORS.—                           ment factor determined and published by the
                                             the end and inserting ‘‘, and’’, and                       ‘‘(1) EMISSIONS FACTOR.—                            Secretary pursuant to section 45Y(c), deter-
                                               (3) by inserting after clause (vii) the fol-             ‘‘(A) CALCULATION.—                                 mined by substituting ‘calendar year 2022’
                                             lowing:                                                    ‘‘(i) IN GENERAL.—The emissions factor of a         for ‘calendar year 1992’ in paragraph (3)
                                               ‘‘(viii) any qualified facility (as defined in        transportation fuel shall be an amount equal           thereof.
                                             section 45Y(b)(1)(A)), any qualified property           to the quotient of—                                      ‘‘(d) DEFINITIONS.—In this section:
                                             (as defined in subsection (b)(2) of section 48E)           ‘‘(I) an amount equal to—                             ‘‘(1) mmBTU.—The term ‘mmBTU’ means
                                             which is a qualified investment (as defined in             ‘‘(aa) 50 kilograms of CO2e per mmBTU,              1,000,000 British thermal units.
                                             subsection (b)(1) of such section), or any en-          minus                                                    ‘‘(2) CO2e.—The term ‘CO2e’ means, with re-
                                             ergy storage technology (as defined in sub-                ‘‘(bb) the emissions rate for such fuel, di-        spect to any greenhouse gas, the equivalent
                                             section (c)(2) of such section).’’.                     vided by                                               carbon dioxide (as determined based on rel-
                                               (b) EFFECTIVE DATE.—The amendments                       ‘‘(II) 50 kilograms of CO2e per mmBTU.              ative global warming potential).
                                             made by this section shall apply to facilities             ‘‘(B) ESTABLISHMENT OF EMISSIONS RATE.—               ‘‘(3) GREENHOUSE GAS.—The term ‘green-
                                             and property placed in service after Decem-                ‘‘(i) IN GENERAL.—Subject to clauses (ii)           house gas’ has the same meaning given that
                                             ber 31, 2024.                                           and (iii), the Secretary shall annually pub-           term under section 211(o)(1)(G) of the Clean
                                             SEC. 13704. CLEAN FUEL PRODUCTION CREDIT.               lish a table which sets forth the emissions            Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect
                                               (a) IN GENERAL.—Subpart D of part IV of               rate for similar types and categories of               on the date of the enactment of this section.
                                             subchapter A of chapter 1, as amended by the            transportation fuels based on the amount of              ‘‘(4) QUALIFIED FACILITY.—The term ‘quali-
                                             preceding provisions of this Act, is amended            lifecycle greenhouse gas emissions (as de-             fied facility’—
                                             by adding at the end the following new sec-             scribed in section 211(o)(1)(H) of the Clean             ‘‘(A) means a facility used for the produc-
                                             tion:                                                   Air Act (42 U.S.C. 7545(o)(1)(H)), as in effect        tion of transportation fuels, and
                                             ‘‘SEC. 45Z. CLEAN FUEL PRODUCTION CREDIT.               on the date of the enactment of this section)            ‘‘(B) does not include any facility for which
                                                ‘‘(a) AMOUNT OF CREDIT.—                             for such fuels, expressed as kilograms of              one of the following credits is allowed under
                                                ‘‘(1) IN GENERAL.—For purposes of section            CO2e per mmBTU, which a taxpayer shall use             section 38 for the taxable year:
                                             38, the clean fuel production credit for any            for purposes of this section.                            ‘‘(i) The credit for production of clean hy-
                                             taxable year is an amount equal to the prod-               ‘‘(ii) NON-AVIATION FUEL.—In the case of            drogen under section 45V.
                                             uct of—                                                 any transportation fuel which is not a sus-              ‘‘(ii) The credit determined under section
                                               ‘‘(A) the applicable amount per gallon (or            tainable aviation fuel, the lifecycle green-           46 to the extent that such credit is attrib-
                                             gallon equivalent) with respect to any trans-           house gas emissions of such fuel shall be              utable to the energy credit determined under
                                             portation fuel which is—                                based on the most recent determinations                section 48 with respect to any specified clean
                                               ‘‘(i) produced by the taxpayer at a qualified         under the Greenhouse gases, Regulated                  hydrogen production facility for which an
                                             facility, and                                           Emissions, and Energy use in Transportation            election is made under subsection (a)(15) of
                                               ‘‘(ii) sold by the taxpayer in a manner de-           model developed by Argonne National Lab-               such section.
                                             scribed in paragraph (4) during the taxable             oratory, or a successor model (as determined             ‘‘(iii) The credit for carbon oxide seques-
                                             year, and                                               by the Secretary).                                     tration under section 45Q.
                                               ‘‘(B) the emissions factor for such fuel (as             ‘‘(iii) AVIATION FUEL.—In the case of any             ‘‘(5) TRANSPORTATION FUEL.—
                                             determined under subsection (b)).                       transportation fuel which is a sustainable               ‘‘(A) IN GENERAL.—The term ‘transpor-
                                               ‘‘(2) APPLICABLE AMOUNT.—                             aviation fuel, the lifecycle greenhouse gas            tation fuel’ means a fuel which—
                                               ‘‘(A) BASE AMOUNT.—In the case of any                 emissions of such fuel shall be determined in            ‘‘(i) is suitable for use as a fuel in a high-
                                             transportation fuel produced at a qualified             accordance with—                                       way vehicle or aircraft,
                                             facility which does not satisfy the require-               ‘‘(I) the most recent Carbon Offsetting and           ‘‘(ii) has an emissions rate which is not
                                             ments described in subparagraph (B), the ap-            Reduction Scheme for International Avia-               greater than 50 kilograms of CO2e per
                                             plicable amount shall be 20 cents.                      tion which has been adopted by the Inter-              mmBTU, and
                                               ‘‘(B) ALTERNATIVE AMOUNT.—In the case of              national Civil Aviation Organization with                ‘‘(iii) is not derived from coprocessing an
                                             any transportation fuel produced at a quali-            the agreement of the United States, or                 applicable material (or materials derived
                                             fied facility which satisfies the requirements             ‘‘(II) any similar methodology which satis-         from an applicable material) with a feed-
                                             under paragraphs (6) and (7) of subsection (f),         fies the criteria under section 211(o)(1)(H) of        stock which is not biomass.
                                             the applicable amount shall be $1.00.                   the Clean Air Act (42 U.S.C. 7545(o)(1)(H)), as          ‘‘(B) DEFINITIONS.—In this paragraph—
                                               ‘‘(3) SPECIAL RATE FOR SUSTAINABLE AVIA-              in effect on the date of enactment of this               ‘‘(i) APPLICABLE MATERIAL.—The term ‘ap-
                                             TION FUEL.—                                             section.                                               plicable material’ means—
                                               ‘‘(A) IN GENERAL.—In the case of a trans-                ‘‘(C) ROUNDING OF EMISSIONS RATE.—                    ‘‘(I) monoglycerides, diglycerides, and
                                             portation fuel which is sustainable aviation               ‘‘(i) IN GENERAL.—Subject to clause (ii), the       triglycerides,
                                             fuel, paragraph (2) shall be applied—                   Secretary may round the emissions rates                  ‘‘(II) free fatty acids, and
                                               ‘‘(i) in the case of fuel produced at a quali-        under subparagraph (B) to the nearest mul-               ‘‘(III) fatty acid esters.
                                             fied facility described in paragraph (2)(A), by         tiple of 5 kilograms of CO2e per mmBTU.                  ‘‘(ii) BIOMASS.—The term ‘biomass’ has the
                                             substituting ‘35 cents’ for ‘20 cents’, and                ‘‘(ii) EXCEPTION.—In the case of an emis-           same meaning given such term in section
                                               ‘‘(ii) in the case of fuel produced at a quali-       sions rate that is between 2.5 kilograms of            45K(c)(3).
                                             fied facility described in paragraph (2)(B), by         CO2e per mmBTU and -2.5 kilograms of CO2e                ‘‘(e) GUIDANCE.—Not later than January 1,
                                             substituting ‘$1.75’ for ‘$1.00’.                       per mmBTU, the Secretary may round such                2025, the Secretary shall issue guidance re-
                                               ‘‘(B) SUSTAINABLE AVIATION FUEL.—For pur-             rate to zero.                                          garding implementation of this section, in-
                                             poses of this subparagraph (A), the term ‘sus-             ‘‘(D) PROVISIONAL EMISSIONS RATE.—In the            cluding calculation of emissions factors for
                                             tainable aviation fuel’ means liquid fuel, the          case of any transportation fuel for which an           transportation fuel, the table described in
                                             portion of which is not kerosene, which is              emissions rate has not been established                subsection (b)(1)(B)(i), and the determination
                                             sold for use in an aircraft and which—                  under subparagraph (B), a taxpayer pro-                of clean fuel production credits under this
                                               ‘‘(i) meets the requirements of—                      ducing such fuel may file a petition with the          section.
                                               ‘‘(I) ASTM International Standard D7566,              Secretary for determination of the emissions             ‘‘(f) SPECIAL RULES.—
                                             or                                                      rate with respect to such fuel.                          ‘‘(1) ONLY REGISTERED PRODUCTION IN THE
                                               ‘‘(II) the Fischer Tropsch provisions of                 ‘‘(2) ROUNDING.—If any amount determined            UNITED STATES TAKEN INTO ACCOUNT.—
                                             ASTM International Standard D1655, Annex                under paragraph (1)(A) is not a multiple of              ‘‘(A) IN GENERAL.—No clean fuel production
                                             A1, and                                                 0.1, such amount shall be rounded to the               credit shall be determined under subsection
                                               ‘‘(ii) is not derived from palm fatty acid            nearest multiple of 0.1.                               (a) with respect to any transportation fuel
                                             distillates or petroleum.                                  ‘‘(c) INFLATION ADJUSTMENT.—                        unless—
                                               ‘‘(4) SALE.—For purposes of paragraph (1),               ‘‘(1) IN GENERAL.—In the case of calendar             ‘‘(i) the taxpayer—
                                             the transportation fuel is sold in a manner             years beginning after 2024, the 20 cent                  ‘‘(I) is registered as a producer of clean fuel
                                             described in this paragraph if such fuel is             amount in subsection (a)(2)(A), the $1.00              under section 4101 at the time of production,
                                             sold by the taxpayer to an unrelated per-               amount in subsection (a)(2)(B), the 35 cent            and
                                             son—                                                    amount in subsection (a)(3)(A)(i), and the               ‘‘(II) in the case of any transportation fuel
                                               ‘‘(A) for use by such person in the produc-           $1.75 amount in subsection (a)(3)(A)(ii) shall         which is a sustainable aviation fuel, pro-
                                             tion of a fuel mixture,                                 each be adjusted by multiplying such                   vides—
                                               ‘‘(B) for use by such person in a trade or            amount by the inflation adjustment factor                ‘‘(aa) certification (in such form and man-
                                             business, or                                            for the calendar year in which the sale of the         ner as the Secretary shall prescribe) from an




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                                               ‘‘(C) who sells such fuel at retail to an-            transportation fuel occurs. If any amount as           unrelated party demonstrating compliance
                                             other person and places such fuel in the fuel           increased under the preceding sentence is              with—
                                             tank of such other person.                              not a multiple of 1 cent, such amount shall              ‘‘(AA) any general requirements, supply
                                               ‘‘(5) ROUNDING.—If any amount determined              be rounded to the nearest multiple of 1 cent.          chain traceability requirements, and infor-
                                             under paragraph (1) is not a multiple of 1                 ‘‘(2) INFLATION ADJUSTMENT FACTOR.—For              mation transmission requirements estab-
                                             cent, such amount shall be rounded to the               purposes of paragraph (1), the inflation ad-           lished under the Carbon Offsetting and Re-
                                             nearest cent.                                           justment factor shall be the inflation adjust-         duction Scheme for International Aviation




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                     S4277
                                             described in subclause (I) of subsection                  (B) in paragraph (39), by striking the pe-             ‘‘(1) IN GENERAL.—In the case of any appli-
                                             (b)(1)(B)(iii), or                                      riod at the end and inserting ‘‘, plus’’, and          cable credit determined with respect to any
                                               ‘‘(BB) in the case of any methodology de-               (C) by adding at the end the following new           facility or property held directly by a part-
                                             scribed in subclause (II) of such subsection,           paragraph:                                             nership or S corporation, any election under
                                             requirements similar to the requirements de-              ‘‘(40) the clean fuel production credit de-          subsection (a) shall be made by such partner-
                                             scribed in subitem (AA), and                            termined under section 45Z(a).’’.                      ship or S corporation. If such partnership or
                                               ‘‘(bb) such other information with respect              (4) The table of sections for subpart D of           S corporation makes an election under such
                                             to such fuel as the Secretary may require for           part IV of subchapter A of chapter 1, as               subsection (in such manner as the Secretary
                                             purposes of carrying out this section, and              amended by the preceding provisions of this            may provide) with respect to such credit—
                                               ‘‘(ii) such fuel is produced in the United            Act, is amended by adding at the end the fol-            ‘‘(A) the Secretary shall make a payment
                                             States.                                                 lowing new item:                                       to such partnership or S corporation equal to
                                               ‘‘(B) UNITED STATES.—For purposes of this             ‘‘Sec. 45Z. Clean fuel production credit.’’.           the amount of such credit,
                                             paragraph, the term ‘United States’ includes              (5) Section 4101(a)(1), as amended by the              ‘‘(B) subsection (e) shall be applied with re-
                                             any possession of the United States.                    preceding provisions of this Act, is amended           spect to such credit before determining any
                                               ‘‘(2) PRODUCTION ATTRIBUTABLE TO THE TAX-             by inserting ‘‘every person producing a fuel           partner’s distributive share, or shareholder’s
                                             PAYER.—In the case of a facility in which                                                                      pro rata share, of such credit,
                                                                                                     eligible for the clean fuel production credit
                                             more than 1 person has an ownership inter-              (pursuant to section 45Z),’’ after ‘‘section             ‘‘(C) any amount with respect to which the
                                             est, except to the extent provided in regula-           6426(k)(3)),’’.                                        election in subsection (a) is made shall be
                                             tions prescribed by the Secretary, produc-                (c) EFFECTIVE DATE.—The amendments                   treated as tax exempt income for purposes of
                                             tion from the facility shall be allocated               made by this section shall apply to transpor-          sections 705 and 1366, and
                                             among such persons in proportion to their               tation fuel produced after December 31, 2024.            ‘‘(D) a partner’s distributive share of such
                                             respective ownership interests in the gross                                                                    tax exempt income shall be based on such
                                             sales from such facility.                                  PART 8—CREDIT MONETIZATION AND                      partner’s distributive share of the otherwise
                                               ‘‘(3) RELATED PERSONS.—Persons shall be                               APPROPRIATIONS                         applicable credit for each taxable year.
                                             treated as related to each other if such per-           SEC. 13801. ELECTIVE PAYMENT FOR ENERGY                  ‘‘(2) COORDINATION WITH APPLICATION AT
                                             sons would be treated as a single employer                          PROPERTY AND ELECTRICITY PRO-              PARTNER OR SHAREHOLDER LEVEL.—In the
                                             under the regulations prescribed under sec-                         DUCED FROM CERTAIN RENEWABLE               case of any facility or property held directly
                                                                                                                 RESOURCES, ETC.
                                             tion 52(b). In the case of a corporation which                                                                 by a partnership or S corporation, no elec-
                                             is a member of an affiliated group of cor-                (a) IN GENERAL.—Subchapter B of chapter              tion by any partner or shareholder shall be
                                             porations filing a consolidated return, such            65 is amended by inserting after section 6416          allowed under subsection (a) with respect to
                                             corporation shall be treated as selling fuel to         the following new section:                             any applicable credit determined with re-
                                             an unrelated person if such fuel is sold to             ‘‘SEC. 6417. ELECTIVE PAYMENT OF APPLICABLE            spect to such facility or property.
                                             such a person by another member of such                               CREDITS.                                   ‘‘(3) TREATMENT OF PAYMENTS TO PARTNER-
                                             group.                                                     ‘‘(a) IN GENERAL.—In the case of an appli-          SHIPS AND S CORPORATIONS.—For purposes of
                                               ‘‘(4) PASS-THRU IN THE CASE OF ESTATES AND            cable entity making an election (at such               section 1324 of title 31, United States Code,
                                             TRUSTS.—Under regulations prescribed by                 time and in such manner as the Secretary               the payments under paragraph (1)(A) shall be
                                             the Secretary, rules similar to the rules of            may provide) under this section with respect           treated in the same manner as a refund due
                                             subsection (d) of section 52 shall apply.               to any applicable credit determined with re-           from a credit provision referred to in sub-
                                               ‘‘(5) ALLOCATION OF CREDIT TO PATRONS OF              spect to such entity, such entity shall be             section (b)(2) of such section.
                                             AGRICULTURAL COOPERATIVE.—Rules similar                 treated as making a payment against the tax              ‘‘(d) SPECIAL RULES.—For purposes of this
                                             to the rules of section 45Y(g)(6) shall apply.          imposed by subtitle A (for the taxable year            section—
                                               ‘‘(6) PREVAILING WAGE REQUIREMENTS.—                  with respect to which such credit was deter-             ‘‘(1) APPLICABLE ENTITY.—
                                               ‘‘(A) IN GENERAL.—Subject to subparagraph             mined) equal to the amount of such credit.               ‘‘(A) IN GENERAL.—The term ‘applicable en-
                                             (B), rules similar to the rules of section                ‘‘(b) APPLICABLE CREDIT.—The term ‘appli-            tity’ means—
                                             45(b)(7) shall apply.                                   cable credit’ means each of the following:               ‘‘(i) any organization exempt from the tax
                                               ‘‘(B) SPECIAL RULE FOR FACILITIES PLACED                ‘‘(1) So much of the credit for alternative          imposed by subtitle A,
                                             IN SERVICE BEFORE JANUARY 1, 2025.—For pur-             fuel vehicle refueling property allowed under            ‘‘(ii) any State or political subdivision
                                             poses of subparagraph (A), in the case of any           section 30C which, pursuant to subsection              thereof,
                                             qualified facility placed in service before             (d)(1) of such section, is treated as a credit           ‘‘(iii) the Tennessee Valley Authority,
                                             January 1, 2025—                                        listed in section 38(b).                                 ‘‘(iv) an Indian tribal government (as de-
                                               ‘‘(i) clause (i) of section 45(b)(7)(A) shall           ‘‘(2) So much of the renewable electricity           fined in section 30D(g)(9)),
                                             not apply, and                                          production credit determined under section               ‘‘(v) any Alaska Native Corporation (as de-
                                               ‘‘(ii) clause (ii) of such section shall be ap-       45(a) as is attributable to qualified facilities       fined in section 3 of the Alaska Native
                                             plied by substituting ‘with respect to any              which are originally placed in service after           Claims Settlement Act (43 U.S.C. 1602(m)), or
                                             taxable year beginning after December 31,               December 31, 2022.                                       ‘‘(vi) any corporation operating on a coop-
                                             2024, for which the credit is allowed under               ‘‘(3) So much of the credit for carbon oxide         erative basis which is engaged in furnishing
                                             this section’ for ‘with respect to any taxable          sequestration determined under section                 electric energy to persons in rural areas.
                                             year, for any portion of such taxable year              45Q(a) as is attributable to carbon capture              ‘‘(B) ELECTION WITH RESPECT TO CREDIT FOR
                                             which is within the period described in sub-            equipment which is originally placed in serv-          PRODUCTION OF CLEAN HYDROGEN.—If a tax-
                                             section (a)(2)(A)(ii)’.                                 ice after December 31, 2022.                           payer other than an entity described in sub-
                                               ‘‘(7) APPRENTICESHIP REQUIREMENTS.—Rules                ‘‘(4) The zero-emission nuclear power pro-           paragraph (A) makes an election under this
                                             similar to the rules of section 45(b)(8) shall          duction credit determined under section                subparagraph with respect to any taxable
                                             apply.                                                  45U(a).                                                year in which such taxpayer has placed in
                                               ‘‘(g) TERMINATION.—This section shall not               ‘‘(5) So much of the credit for production of        service a qualified clean hydrogen produc-
                                             apply to transportation fuel sold after De-             clean hydrogen determined under section                tion facility (as defined in section 45V(c)(3)),
                                             cember 31, 2027.’’.                                     45V(a) as is attributable to qualified clean           such taxpayer shall be treated as an applica-
                                               (b) CONFORMING AMENDMENTS.—                           hydrogen production facilities which are               ble entity for purposes of this section for
                                               (1) Section 25C(d)(3), as amended by the              originally placed in service after December            such taxable year, but only with respect to
                                             preceding provisions of this Act, is amend-             31, 2012.                                              the credit described in subsection (b)(5).
                                             ed—                                                       ‘‘(6) In the case of a tax-exempt entity de-           ‘‘(C) ELECTION WITH RESPECT TO CREDIT FOR
                                               (A) in subparagraph (A), by striking ‘‘and’’          scribed in clause (i), (ii), or (iv) of section        CARBON OXIDE SEQUESTRATION.—If a taxpayer
                                             at the end,                                             168(h)(2)(A), the credit for qualified commer-         other than an entity described in subpara-
                                               (B) in subparagraph (B), by striking the pe-          cial vehicles determined under section 45W             graph (A) makes an election under this sub-
                                             riod at the end and inserting ‘‘, and’’, and            by reason of subsection (d)(3) thereof.                paragraph with respect to any taxable year
                                               (C) by adding at the end the following new              ‘‘(7) The credit for advanced manufacturing          in which such taxpayer has, after December
                                             subparagraph:                                           production under section 45X(a).                       31, 2022, placed in service carbon capture
                                               ‘‘(C) transportation fuel (as defined in sec-           ‘‘(8) The clean electricity production credit        equipment at a qualified facility (as defined
                                             tion 45Z(d)(5)).’’.                                     determined under section 45Y(a).                       in section 45Q(d)), such taxpayer shall be
                                               (2) Section 30C(c)(1)(B), as amended by the             ‘‘(9) The clean fuel production credit deter-        treated as an applicable entity for purposes
                                             preceding provisions of this Act, is amended            mined under section 45Z(a).                            of this section for such taxable year, but
                                             by adding at the end the following new                    ‘‘(10) The energy credit determined under            only with respect to the credit described in




dlhill on DSK120RN23PROD with SENATE
                                             clause:                                                 section 48.                                            subsection (b)(3).
                                               ‘‘(iv) Any transportation fuel (as defined in           ‘‘(11) The qualifying advanced energy                  ‘‘(D) ELECTION WITH RESPECT TO ADVANCED
                                             section 45Z(d)(5)).’’.                                  project credit determined under section 48C.           MANUFACTURING PRODUCTION CREDIT.—
                                               (3) Section 38(b), as amended by the pre-               ‘‘(12) The clean electricity investment                ‘‘(i) IN GENERAL.—If a taxpayer other than
                                             ceding provisions of this Act, is amended—              credit determined under section 48E.                   an entity described in subparagraph (A)
                                               (A) in paragraph (38), by striking ‘‘plus’’ at          ‘‘(c) APPLICATION TO PARTNERSHIPS AND S              makes an election under this subparagraph
                                             the end,                                                CORPORATIONS.—                                         with respect to any taxable year in which




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                                             S4278                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2022
                                             such taxpayer has, after December 31, 2022,                ‘‘(i) IN GENERAL.—In the case of the credit         subsection (b)(8), any election under sub-
                                             produced eligible components (as defined in             described in subsection (b)(3), any election           section (a) shall—
                                             section 45X(c)(1)), such taxpayer shall be              under subsection (a) shall—                               ‘‘(i) apply separately with respect to each
                                             treated as an applicable entity for purposes               ‘‘(I) apply separately with respect to the          qualified facility,
                                             of this section for such taxable year, but              carbon capture equipment originally placed                ‘‘(ii) be made for the taxable year in which
                                             only with respect to the credit described in            in service by the applicable entity during a           such facility is placed in service, and
                                             subsection (b)(7).                                      taxable year, and                                         ‘‘(iii) shall apply to such taxable year and
                                               ‘‘(ii) LIMITATION.—                                      ‘‘(II)(aa) in the case of a taxpayer who            to any subsequent taxable year which is
                                               ‘‘(I) IN GENERAL.—Except as provided in               makes an election described in paragraph               within the period described in subsection
                                             subclause (II), if a taxpayer makes an elec-            (1)(C), apply to the taxable year in which             (b)(1)(B) of section 45Y with respect to such
                                             tion under this subparagraph with respect to            such equipment is placed in service and the            facility.
                                             any taxable year, such taxpayer shall be                4 subsequent taxable years with respect to                ‘‘(4) TIMING.—The payment described in
                                                                                                     such equipment which end before January 1,             subsection (a) shall be treated as made on—
                                             treated as having made such election for
                                                                                                     2033, and                                                 ‘‘(A) in the case of any government, or po-
                                             each of the 4 succeeding taxable years ending
                                                                                                        ‘‘(bb) in any other case, apply to such tax-        litical subdivision, described in paragraph (1)
                                             before January 1, 2033.
                                                                                                     able year and to any subsequent taxable year           and for which no return is required under
                                               ‘‘(II) EXCEPTION.—A taxpayer may elect to                                                                    section 6011 or 6033(a), the later of the date
                                             revoke the application of the election made             which is within the period described in para-
                                                                                                     graph (3)(A) or (4)(A) of section 45Q(a) with          that a return would be due under section
                                             under this subparagraph to any taxable year                                                                    6033(a) if such government or subdivision
                                             described in subclause (I). Any such election,          respect to such equipment.
                                                                                                                                                            were described in that section or the date on
                                             if made, shall apply to the applicable year                ‘‘(ii) PROHIBITION ON TRANSFER.—For any
                                                                                                                                                            which such government or subdivision sub-
                                             specified in such election and each subse-              taxable year described in clause (i)(II)(aa)
                                                                                                                                                            mits a claim for credit or refund (at such
                                             quent taxable year within the period de-                with respect to carbon capture equipment,
                                                                                                                                                            time and in such manner as the Secretary
                                             scribed in subclause (I). Any election under            no election may be made by the taxpayer
                                                                                                                                                            shall provide), and
                                             this subclause may not be subsequently re-              under section 6418(a) for such taxable year
                                                                                                                                                               ‘‘(B) in any other case, the later of the due
                                             voked.                                                  with respect to such equipment for purposes
                                                                                                                                                            date (determined without regard to exten-
                                               ‘‘(iii) PROHIBITION ON TRANSFER.—For any              of the credit described in subsection (b)(3).          sions) of the return of tax for the taxable
                                             taxable year described in clause (ii)(I), no               ‘‘(iii) REVOCATION OF ELECTION.—In the case         year or the date on which such return is
                                             election may be made by the taxpayer under              of a taxpayer who makes an election de-                filed.
                                             section 6418(a) for such taxable year with re-          scribed in paragraph (1)(C) with respect to               ‘‘(5) ADDITIONAL INFORMATION.—As a condi-
                                             spect to eligible components for purposes of            carbon capture equipment, such taxpayer                tion of, and prior to, any amount being
                                             the credit described in subsection (b)(7).              may, at any time during the period described           treated as a payment which is made by an
                                               ‘‘(E) OTHER RULES.—                                   in clause (i)(II)(aa), revoke the application of       applicable entity under subsection (a), the
                                               ‘‘(i) IN GENERAL.—An election made under              such election with respect to such equipment           Secretary may require such information or
                                             subparagraph (B), (C), or (D) shall be made at          for any subsequent taxable years during such           registration as the Secretary deems nec-
                                             such time and in such manner as the Sec-                period. Any such election, if made, shall              essary for purposes of preventing duplica-
                                             retary may provide.                                     apply to the applicable year specified in such         tion, fraud, improper payments, or excessive
                                               ‘‘(ii) LIMITATION.—No election may be                 election and each subsequent taxable year              payments under this section.
                                             made under subparagraph (B), (C), or (D)                within the period described in clause                     ‘‘(6) EXCESSIVE PAYMENT.—
                                             with respect to any taxable year beginning              (i)(II)(aa). Any election under this subclause            ‘‘(A) IN GENERAL.—In the case of any
                                             after December 31, 2032.                                may not be subsequently revoked.                       amount treated as a payment which is made
                                               ‘‘(2) APPLICATION.—In the case of any appli-             ‘‘(D) CREDIT FOR PRODUCTION OF CLEAN HY-            by the applicable entity under subsection (a),
                                                                                                     DROGEN.—
                                             cable entity which makes the election de-                                                                      or the amount of the payment made pursu-
                                                                                                        ‘‘(i) IN GENERAL.—In the case of the credit         ant to subsection (c), which the Secretary
                                             scribed in subsection (a), any applicable
                                                                                                     described in subsection (b)(5), any election           determines constitutes an excessive pay-
                                             credit shall be determined—
                                                                                                     under subsection (a) shall—                            ment, the tax imposed on such entity by
                                               ‘‘(A) without regard to paragraphs (3) and
                                                                                                        ‘‘(I) apply separately with respect to each         chapter 1 (regardless of whether such entity
                                             (4)(A)(i) of section 50(b), and
                                                                                                     qualified clean hydrogen production facility,          would otherwise be subject to tax under such
                                               ‘‘(B) by treating any property with respect
                                                                                                        ‘‘(II) be made for the taxable year in which        chapter) for the taxable year in which such
                                             to which such credit is determined as used in
                                                                                                     such facility is placed in service (or within          determination is made shall be increased by
                                             a trade or business of the applicable entity.
                                                                                                     the 1-year period subsequent to the date of            an amount equal to the sum of—
                                               ‘‘(3) ELECTIONS.—
                                                                                                     enactment of this section in the case of fa-              ‘‘(i) the amount of such excessive payment,
                                               ‘‘(A) IN GENERAL.—
                                                                                                     cilities placed in service before December 31,         plus
                                               ‘‘(i) DUE DATE.—Any election under sub-               2022), and
                                             section (a) shall be made not later than—                                                                         ‘‘(ii) an amount equal to 20 percent of such
                                                                                                        ‘‘(III)(aa) in the case of a taxpayer who           excessive payment.
                                               ‘‘(I) in the case of any government, or po-           makes an election described in paragraph
                                             litical subdivision, described in paragraph (1)                                                                   ‘‘(B) REASONABLE CAUSE.—Subparagraph
                                                                                                     (1)(B), apply to such taxable year and the 4           (A)(ii) shall not apply if the applicable entity
                                             and for which no return is required under               subsequent taxable years with respect to
                                             section 6011 or 6033(a), such date as is deter-                                                                demonstrates to the satisfaction of the Sec-
                                                                                                     such facility which end before January 1,              retary that the excessive payment resulted
                                             mined appropriate by the Secretary, or                  2033, and
                                               ‘‘(II) in any other case, the due date (in-                                                                  from reasonable cause.
                                                                                                        ‘‘(bb) in any other case, apply to such tax-           ‘‘(C) EXCESSIVE PAYMENT DEFINED.—For
                                             cluding extensions of time) for the return of           able year and all subsequent taxable years
                                             tax for the taxable year for which the elec-                                                                   purposes of this paragraph, the term ‘exces-
                                                                                                     with respect to such facility.                         sive payment’ means, with respect to a facil-
                                             tion is made, but in no event earlier than 180             ‘‘(ii) PROHIBITION ON TRANSFER.—For any
                                             days after the date of the enactment of this                                                                   ity or property for which an election is made
                                                                                                     taxable year described in clause (i)(III)(aa)          under this section for any taxable year, an
                                             section.                                                with respect to a qualified clean hydrogen
                                               ‘‘(ii) ADDITIONAL RULES.—Any election                                                                        amount equal to the excess of—
                                                                                                     production facility, no election may be made              ‘‘(i) the amount treated as a payment
                                             under subsection (a), once made, shall be ir-           by the taxpayer under section 6418(a) for
                                             revocable and shall apply (except as other-                                                                    which is made by the applicable entity under
                                                                                                     such taxable year with respect to such facil-          subsection (a), or the amount of the payment
                                             wise provided in this paragraph) with respect           ity for purposes of the credit described in
                                             to any credit for the taxable year for which                                                                   made pursuant to subsection (c), with re-
                                                                                                     subsection (b)(5).                                     spect to such facility or property for such
                                             the election is made.                                      ‘‘(iii) REVOCATION OF ELECTION.—In the case
                                               ‘‘(B) RENEWABLE ELECTRICITY PRODUCTION                                                                       taxable year, over
                                                                                                     of a taxpayer who makes an election de-                   ‘‘(ii) the amount of the credit which, with-
                                             CREDIT.—In the case of the credit described             scribed in paragraph (1)(B) with respect to a
                                             in subsection (b)(2), any election under sub-                                                                  out application of this section, would be oth-
                                                                                                     qualified clean hydrogen production facility,          erwise allowable (as determined pursuant to
                                             section (a) shall—                                      such taxpayer may, at any time during the              paragraph (2) and without regard to section
                                               ‘‘(i) apply separately with respect to each           period described in clause (i)(III)(aa), revoke        38(c)) under this title with respect to such fa-
                                             qualified facility,                                     the application of such election with respect          cility or property for such taxable year.
                                               ‘‘(ii) be made for the taxable year in which          to such facility for any subsequent taxable               ‘‘(e) DENIAL OF DOUBLE BENEFIT.—In the
                                             such qualified facility is originally placed in         years during such period. Any such election,           case of an applicable entity making an elec-
                                             service, and                                            if made, shall apply to the applicable year            tion under this section with respect to an ap-




dlhill on DSK120RN23PROD with SENATE
                                               ‘‘(iii) shall apply to such taxable year and          specified in such election and each subse-             plicable credit, such credit shall be reduced
                                             to any subsequent taxable year which is                 quent taxable year within the period de-               to zero and shall, for any other purposes
                                             within the period described in subsection               scribed in clause (i)(II)(aa). Any election            under this title, be deemed to have been al-
                                             (a)(2)(A)(ii) of section 45 with respect to such        under this subclause may not be subse-                 lowed to such entity for such taxable year.
                                             qualified facility.                                     quently revoked.                                          ‘‘(f) MIRROR CODE POSSESSIONS.—In the
                                               ‘‘(C) CREDIT FOR CARBON OXIDE SEQUESTRA-                 ‘‘(E) CLEAN ELECTRICITY PRODUCTION CRED-            case of any possession of the United States
                                             TION.—                                                  IT.—In the case of the credit described in             with a mirror code tax system (as defined in




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                     S4279
                                             section 24(k)), this section shall not be treat-        the due date (including extensions of time)            chapter) for the taxable year in which such
                                             ed as part of the income tax laws of the                for the return of tax for the taxable year for         determination is made shall be increased by
                                             United States for purposes of determining               which the credit is determined, but in no              an amount equal to the sum of—
                                             the income tax law of such possession unless            event earlier than 180 days after the date of            ‘‘(i) the amount of such excessive credit
                                             such possession elects to have this section be          the enactment of this section. Any such elec-          transfer, plus
                                             so treated.                                             tion, once made, shall be irrevocable.                   ‘‘(ii) an amount equal to 20 percent of such
                                               ‘‘(g) BASIS REDUCTION AND RECAPTURE.—                    ‘‘(2) NO ADDITIONAL TRANSFERS.—No elec-             excessive credit transfer.
                                             Except as otherwise provided in subsection              tion may be made under subsection (a) by a               ‘‘(B) REASONABLE CAUSE.—Subparagraph
                                             (c)(2)(A), rules similar to the rules of section        transferee taxpayer with respect to any por-           (A)(ii) shall not apply if the transferee tax-
                                             50 shall apply for purposes of this section.            tion of an eligible credit which has been pre-         payer demonstrates to the satisfaction of the
                                               ‘‘(h) REGULATIONS.—The Secretary shall                viously transferred to such taxpayer pursu-            Secretary that the excessive credit transfer
                                             issue such regulations or other guidance as             ant to this section.                                   resulted from reasonable cause.
                                             may be necessary to carry out the purposes                 ‘‘(f) DEFINITIONS.—For purposes of this sec-          ‘‘(C) EXCESSIVE CREDIT TRANSFER DE-
                                             of this section, including guidance to ensure           tion—                                                  FINED.—For purposes of this paragraph, the
                                             that the amount of the payment or deemed                   ‘‘(1) ELIGIBLE CREDIT.—                             term ‘excessive credit transfer’ means, with
                                             payment made under this section is com-                    ‘‘(A) IN GENERAL.—The term ‘eligible cred-          respect to a facility or property for which an
                                             mensurate with the amount of the credit                 it’ means each of the following:                       election is made under subsection (a) for any
                                             that would be otherwise allowable (deter-                  ‘‘(i) So much of the credit for alternative         taxable year, an amount equal to the excess
                                             mined without regard to section 38(c)).’’.              fuel vehicle refueling property allowed under          of—
                                               (b) TRANSFER OF CERTAIN CREDITS.—Sub-                 section 30C which, pursuant to subsection                ‘‘(i) the amount of the eligible credit
                                             chapter B of chapter 65, as amended by sub-             (d)(1) of such section, is treated as a credit         claimed by the transferee taxpayer with re-
                                             section (a), is amended by inserting after              listed in section 38(b).                               spect to such facility or property for such
                                             section 6417 the following new section:                    ‘‘(ii) The renewable electricity production         taxable year, over
                                                                                                     credit determined under section 45(a).                   ‘‘(ii) the amount of such credit which,
                                             ‘‘SEC. 6418. TRANSFER OF CERTAIN CREDITS.
                                                                                                        ‘‘(iii) The credit for carbon oxide seques-         without application of this section, would be
                                                ‘‘(a) IN GENERAL.—In the case of an eligible         tration determined under section 45Q(a).
                                             taxpayer which elects to transfer all (or any                                                                  otherwise allowable under this title with re-
                                                                                                        ‘‘(iv) The zero-emission nuclear power pro-         spect to such facility or property for such
                                             portion specified in the election) of an eligi-         duction credit determined under section
                                             ble credit determined with respect to such                                                                     taxable year.
                                                                                                     45U(a).
                                             taxpayer for any taxable year to a taxpayer                                                                      ‘‘(3) BASIS REDUCTION; NOTIFICATION OF RE-
                                                                                                        ‘‘(v) The clean hydrogen production credit
                                             (referred to in this section as the ‘transferee                                                                CAPTURE.—In the case of any election under
                                                                                                     determined under section 45V(a).
                                             taxpayer’) which is not related (within the                                                                    subsection (a) with respect to any portion of
                                                                                                        ‘‘(vi) The advanced manufacturing produc-
                                             meaning of section 267(b) or 707(b)(1)) to the                                                                 an eligible credit described in clauses (ix)
                                                                                                     tion credit determined under section 45X(a).
                                             eligible taxpayer, the transferee taxpayer                                                                     through (xi) of subsection (f)(1)(A)—
                                                                                                        ‘‘(vii) The clean electricity production
                                             specified in such election (and not the eligi-                                                                   ‘‘(A) subsection (c) of section 50 shall apply
                                                                                                     credit determined under section 45Y(a).
                                             ble taxpayer) shall be treated as the tax-                                                                     to the applicable investment credit property
                                                                                                        ‘‘(viii) The clean fuel production credit de-
                                             payer for purposes of this title with respect                                                                  (as defined in subsection (a)(5) of such sec-
                                                                                                     termined under section 45Z(a).
                                             to such credit (or such portion thereof).                                                                      tion) as if such eligible credit was allowed to
                                                                                                        ‘‘(ix) The energy credit determined under
                                               ‘‘(b) TREATMENT OF PAYMENTS MADE IN                   section 48.                                            the eligible taxpayer, and
                                             CONNECTION WITH TRANSFER.—With respect                     ‘‘(x) The qualifying advanced energy                  ‘‘(B) if, during any taxable year, the appli-
                                             to any amount paid by a transferee taxpayer             project credit determined under section 48C.           cable investment credit property (as defined
                                             to an eligible taxpayer as consideration for a             ‘‘(xi) The clean electricity investment             in subsection (a)(5) of section 50) is disposed
                                             transfer described in subsection (a), such              credit determined under section 48E.                   of, or otherwise ceases to be investment
                                             consideration—                                             ‘‘(B) ELECTION FOR CERTAIN CREDITS.—In              credit property with respect to the eligible
                                               ‘‘(1) shall be required to be paid in cash,           the case of any eligible credit described in           taxpayer, before the close of the recapture
                                               ‘‘(2) shall not be includible in gross income         clause (ii), (iii), (v), or (vii) of subparagraph      period (as described in subsection (a)(1) of
                                             of the eligible taxpayer, and                           (A), an election under subsection (a) shall be         such section)—
                                               ‘‘(3) with respect to the transferee tax-             made—                                                    ‘‘(i) such eligible taxpayer shall provide
                                             payer, shall not be deductible under this                  ‘‘(i) separately with respect to each facility      notice of such occurrence to the transferee
                                             title.                                                  for which such credit is determined, and               taxpayer (in such form and manner as the
                                               ‘‘(c) APPLICATION TO PARTNERSHIPS AND S                  ‘‘(ii) for each taxable year during the 10-         Secretary shall prescribe), and
                                             CORPORATIONS.—                                          year period beginning on the date such facil-            ‘‘(ii) the transferee taxpayer shall provide
                                               ‘‘(1) IN GENERAL.—In the case of any eligi-           ity was originally placed in service (or, in           notice of the recapture amount (as defined in
                                             ble credit determined with respect to any fa-           the case of the credit described in clause             subsection (c)(2) of such section), if any, to
                                             cility or property held directly by a partner-          (iii), for each year during the 12-year period         the eligible taxpayer (in such form and man-
                                             ship or S corporation, if such partnership or           beginning on the date the carbon capture               ner as the Secretary shall prescribe).
                                             S corporation makes an election under sub-              equipment was originally placed in service               ‘‘(4) PROHIBITION ON ELECTION OR TRANSFER
                                             section (a) (in such manner as the Secretary                                                                   WITH RESPECT TO PROGRESS EXPENDITURES.—
                                                                                                     at such facility).
                                             may provide) with respect to such credit—                  ‘‘(C) EXCEPTION FOR BUSINESS CREDIT                 This section shall not apply with respect to
                                               ‘‘(A) any amount received as consideration            CARRYFORWARDS OR CARRYBACKS.—The term
                                                                                                                                                            any amount of an eligible credit which is al-
                                             for a transfer described in such subsection             ‘eligible credit’ shall not include any busi-          lowed pursuant to rules similar to the rules
                                             shall be treated as tax exempt income for               ness credit carryforward or business credit            of subsections (c)(4) and (d) of section 46 (as
                                             purposes of sections 705 and 1366, and                  carryback determined under section 39.                 in effect on the day before the date of the en-
                                               ‘‘(B) a partner’s distributive share of such             ‘‘(2) ELIGIBLE TAXPAYER.—The term ‘eligi-           actment of the Revenue Reconciliation Act
                                             tax exempt income shall be based on such                ble taxpayer’ means any taxpayer which is              of 1990).
                                             partner’s distributive share of the otherwise           not described in section 6417(d)(1)(A).                  ‘‘(h) REGULATIONS.—The Secretary shall
                                             eligible credit for each taxable year.                     ‘‘(g) SPECIAL RULES.—For purposes of this           issue such regulations or other guidance as
                                               ‘‘(2) COORDINATION WITH APPLICATION AT                section—                                               may be necessary to carry out the purposes
                                             PARTNER OR SHAREHOLDER LEVEL.—In the                       ‘‘(1) ADDITIONAL INFORMATION.—As a condi-           of this section, including regulations or
                                             case of any facility or property held directly          tion of, and prior to, any transfer of any por-        other guidance providing rules for deter-
                                             by a partnership or S corporation, no elec-             tion of an eligible credit pursuant to sub-            mining a partner’s distributive share of the
                                             tion by any partner or shareholder shall be             section (a), the Secretary may require such            tax exempt income described in subsection
                                             allowed under subsection (a) with respect to            information (including, in such form or man-           (c)(1).’’.
                                             any eligible credit determined with respect             ner as is determined appropriate by the Sec-             (c) REAL ESTATE INVESTMENT TRUSTS.—
                                             to such facility or property.                           retary, such information returns) or reg-              Section 50(d) is amended by adding at the
                                               ‘‘(d) TAXABLE YEAR IN WHICH CREDIT TAKEN              istration as the Secretary deems necessary             end the following: ‘‘In the case of a real es-
                                             INTO ACCOUNT.—In the case of any credit (or             for purposes of preventing duplication, fraud,         tate investment trust making an election
                                             portion thereof) with respect to which an               improper payments, or excessive payments               under section 6418, paragraphs (1)(B) and
                                             election is made under subsection (a), such             under this section.                                    (2)(B) of the section 46(e) referred to in para-
                                             credit shall be taken into account in the                  ‘‘(2) EXCESSIVE CREDIT TRANSFER.—                   graph (1) of this subsection shall not apply to
                                             first taxable year of the transferee taxpayer              ‘‘(A) IN GENERAL.—In the case of any por-           any investment credit property of such real




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                                             ending with, or after, the taxable year of the          tion of an eligible credit which is transferred        estate investment trust to which such elec-
                                             eligible taxpayer with respect to which the             to a transferee taxpayer pursuant to sub-              tion applies.’’.
                                             credit was determined.                                  section (a) which the Secretary determines               (d) 3-YEAR CARRYBACK FOR APPLICABLE
                                               ‘‘(e) LIMITATIONS ON ELECTION.—                       constitutes an excessive credit transfer, the          CREDITS.—Section 39(a) is amended by add-
                                               ‘‘(1) TIME FOR ELECTION.—An election under            tax imposed on the transferee taxpayer by              ing at the end the following:
                                             subsection (a) to transfer any portion of an            chapter 1 (regardless of whether such entity             ‘‘(4) 3-YEAR CARRYBACK FOR APPLICABLE
                                             eligible credit shall be made not later than            would otherwise be subject to tax under such           CREDITS.—Notwithstanding subsection (d), in




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                                             S4280                                             CONGRESSIONAL RECORD — SENATE                                                            August 6, 2022
                                             the case of any applicable credit (as defined              ‘‘(B) there shall be allowed as a credit            program under subchapter A of chapter 4 of
                                             in section 6417(b))—                                    against the tax imposed by subsection (b) for          subtitle D of title XII of the Food Security
                                               ‘‘(A) this section shall be applied sepa-             the first calendar quarter which begins after          Act of 1985 (16 U.S.C. 3839aa through 3839aa–
                                             rately from the business credit (other than             the date on which the taxpayer files the re-           8)—
                                             the applicable credit),                                 turn specified in section 41(h)(4)(A)(ii) an              (A)(i) $250,000,000 for fiscal year 2023;
                                               ‘‘(B) paragraph (1) shall be applied by sub-          amount equal to so much of the payroll tax                (ii) $1,750,000,000 for fiscal year 2024;
                                             stituting ‘each of the 3 taxable years’ for             credit portion determined under section                   (iii) $3,000,000,000 for fiscal year 2025; and
                                             ‘the taxable year’ in subparagraph (A) there-           41(h)(2) as is not allowed as a credit under              (iv) $3,450,000,000 for fiscal year 2026; and
                                             of, and                                                 subparagraph (A).’’.                                      (B) subject to the conditions on the use of
                                               ‘‘(C) paragraph (2) shall be applied—                    (2) LIMITATION.—Paragraph (2) of section            the funds that—
                                               ‘‘(i) by substituting ‘23 taxable years’ for          3111(f) is amended—                                       (i) section 1240B(f)(1) of the Food Security
                                             ‘21 taxable years’ in subparagraph (A) there-              (A) by striking ‘‘paragraph (1)’’ and insert-       Act of 1985 (16 U.S.C. 3839aa–2(f)(1)) shall not
                                             of, and                                                 ing ‘‘paragraph (1)(A)’’, and                          apply;
                                               ‘‘(ii) by substituting ‘22 taxable years’ for            (B) by inserting ‘‘, and the credit allowed            (ii) section 1240H(c)(2) of the Food Security
                                             ‘20 taxable years’ in subparagraph (B) there-           by paragraph (1)(B) shall not exceed the tax           Act of 1985 (16 U.S.C. 3839aa–8(c)(2)) shall be
                                             of.’’.                                                  imposed by subsection (b) for any calendar             applied—
                                               (e) CLERICAL AMENDMENT.—The table of                  quarter,’’ after ‘‘calendar quarter’’.                    (I) by substituting ‘‘$50,000,000’’ for
                                             sections for subchapter B of chapter 65 is                 (3) CARRYOVER.—Paragraph (3) of section             ‘‘$25,000,000’’; and
                                             amended by inserting after the item relating            3111(f) is amended by striking ‘‘the credit’’             (II) with the Secretary prioritizing pro-
                                             to section 6416 the following new items:                and inserting ‘‘any credit’’.                          posals that utilize diet and feed management
                                             ‘‘Sec. 6417. Elective payment of applicable                (4) DEDUCTION ALLOWED.—Paragraph (4) of             to reduce enteric methane emissions from
                                                           credits.                                  section 3111(f) is amended—                            ruminants; and
                                             ‘‘Sec. 6418. Transfer of certain credits.’’.               (A) by striking ‘‘credit’’ and inserting               (iii) the funds shall be available for 1 or
                                               (f) GROSS-UP OF DIRECT SPENDING.—Begin-               ‘‘credits’’, and                                       more agricultural conservation practices or
                                             ning in fiscal year 2023 and each fiscal year              (B) by striking ‘‘subsection (a)’’ and insert-      enhancements that the Secretary determines
                                             thereafter, the portion of any payment made             ing ‘‘subsection (a) or (b)’’.                         directly improve soil carbon, reduce nitrogen
                                             to a taxpayer pursuant to an election under                (c) AGGREGATION RULES.—Clause (ii) of sec-          losses, or reduce, capture, avoid, or sequester
                                             section 6417 of the Internal Revenue Code of            tion 41(h)(5)(B) is amended by striking ‘‘the          carbon dioxide, methane, or nitrous oxide
                                             1986, or any amount treated as a payment                $250,000 amount’’ and inserting ‘‘each of the          emissions, associated with agricultural pro-
                                             which is made by the taxpayer under sub-                $250,000 amounts’’.                                    duction;
                                             section (a) of such section, that is direct                (d) EFFECTIVE DATE.—The amendments                     (2) to carry out, using the facilities and au-
                                             spending shall be increased by 6.0445 percent.          made by this section shall apply to taxable            thorities of the Commodity Credit Corpora-
                                               (g) EFFECTIVE DATE.—The amendments                    years beginning after December 31, 2022.               tion, the conservation stewardship program
                                             made by this section shall apply to taxable                                                                    under subchapter B of that chapter (16 U.S.C.
                                                                                                     SEC. 13903. TAX TREATMENT OF CERTAIN ASSIST-
                                             years beginning after December 31, 2022.                             ANCE TO FARMERS, ETC.                     3839aa–21 through 3839aa–25)—
                                             SEC. 13802. APPROPRIATIONS.                                                                                       (A)(i) $250,000,000 for fiscal year 2023;
                                                                                                       For purposes of the Internal Revenue Code
                                               Immediately upon the enactment of this                                                                          (ii) $500,000,000 for fiscal year 2024;
                                                                                                     of 1986, in the case of any payment described
                                             Act, in addition to amounts otherwise avail-                                                                      (iii) $1,000,000,000 for fiscal year 2025; and
                                                                                                     in section 1006(e) of the American Rescue
                                             able, there are appropriated for fiscal year                                                                      (iv) $1,500,000,000 for fiscal year 2026; and
                                                                                                     Plan Act of 2021 (as amended by section 22007
                                             2022, out of any money in the Treasury not                                                                        (B) subject to the condition on the use of
                                                                                                     of this Act) or section 22006 of this Act—
                                             otherwise appropriated, $500,000,000 to re-                                                                    the funds that the funds shall only be avail-
                                                                                                       (1) such payment shall not be included in
                                             main available until September 30, 2031, for                                                                   able for 1 or more agricultural conservation
                                                                                                     the gross income of the person on whose be-
                                             necessary expenses for the Internal Revenue                                                                    practices, enhancements, or bundles that the
                                                                                                     half, or to whom, such payment is made,
                                             Service to carry out this subtitle (and the                                                                    Secretary determines directly improve soil
                                                                                                       (2) no deduction shall be denied, no tax at-         carbon, reduce nitrogen losses, or reduce,
                                             amendments made by this subtitle), which
                                                                                                     tribute shall be reduced, and no basis in-             capture, avoid, or sequester carbon dioxide,
                                             shall supplement and not supplant any other
                                                                                                     crease shall be denied, by reason of the ex-           methane, or nitrous oxide emissions, associ-
                                             appropriations that may be available for this
                                                                                                     clusion from gross income provided by para-            ated with agricultural production;
                                             purpose.
                                                                                                     graph (1), and                                            (3) to carry out, using the facilities and au-
                                                     PART 9—OTHER PROVISIONS                           (3) in the case of a partnership or S cor-           thorities of the Commodity Credit Corpora-
                                             SEC. 13901. PERMANENT EXTENSION OF TAX                  poration on whose behalf, or to whom, such
                                                        RATE TO FUND BLACK LUNG DIS-                                                                        tion, the agricultural conservation easement
                                                                                                     a payment is made—                                     program under subtitle H of title XII of that
                                                        ABILITY TRUST FUND.
                                                                                                       (A) any amount excluded from income by               Act (16 U.S.C. 3865 through 3865d) for ease-
                                               (a) IN GENERAL.—Section 4121 is amended               reason of paragraph (1) shall be treated as
                                             by striking subsection (e).                                                                                    ments or interests in land that will most re-
                                                                                                     tax exempt income for purposes of sections             duce, capture, avoid, or sequester carbon di-
                                               (b) EFFECTIVE DATE.—The amendment
                                                                                                     705 and 1366 of such Code, and                         oxide, methane, or nitrous oxide emissions
                                             made by this section shall apply to sales in
                                                                                                       (B) except as provided by the Secretary of           associated with land eligible for the pro-
                                             calendar quarters beginning after the date of
                                                                                                     the Treasury (or the Secretary’s delegate),            gram—
                                             the enactment of this Act.
                                                                                                     any increase in the adjusted basis of a part-             (A) $100,000,000 for fiscal year 2023;
                                             SEC. 13902. INCREASE IN RESEARCH CREDIT
                                                        AGAINST PAYROLL TAX FOR SMALL
                                                                                                     ner’s interest in a partnership under section             (B) $200,000,000 for fiscal year 2024;
                                                        BUSINESSES.                                  705 of such Code with respect to any amount               (C) $500,000,000 for fiscal year 2025; and
                                               (a) IN GENERAL.—Clause (i) of section                 described in subparagraph (A) shall equal the             (D) $600,000,000 for fiscal year 2026; and
                                             41(h)(4)(B) is amended—                                 partner’s distributive share of deductions re-            (4) to carry out, using the facilities and au-
                                               (1) by striking ‘‘AMOUNT.—The amount’’                sulting from interest that is part of such             thorities of the Commodity Credit Corpora-
                                             and inserting ‘‘AMOUNT.—                                payment and the partner’s share, as deter-             tion, the regional conservation partnership
                                               ‘‘(I) IN GENERAL.—The amount’’, and                   mined under section 752 of such Code, of               program under subtitle I of title XII of that
                                               (2) by adding at the end the following new            principal that is part of such payment.                Act (16 U.S.C. 3871 through 3871f)—
                                             subclause:                                               TITLE II—COMMITTEE ON AGRICULTURE,                       (A)(i) $250,000,000 for fiscal year 2023;
                                               ‘‘(II) INCREASE.—In the case of taxable                        NUTRITION, AND FORESTRY                          (ii) $800,000,000 for fiscal year 2024;
                                             years beginning after December 31, 2022, the                    Subtitle A—General Provisions                     (iii) $1,500,000,000 for fiscal year 2025; and
                                             amount in subclause (I) shall be increased by                                                                     (iv) $2,400,000,000 for fiscal year 2026; and
                                                                                                     SEC. 20001. DEFINITION OF SECRETARY.
                                             $250,000.’’.                                                                                                      (B) subject to the conditions on the use of
                                                                                                       In this title, the term ‘‘Secretary’’ means
                                               (b) ALLOWANCE OF CREDIT.—                                                                                    the funds that—
                                                                                                     the Secretary of Agriculture.
                                               (1) IN GENERAL.—Paragraph (1) of section                                                                        (i) section 1271C(d)(2)(B) of the Food Secu-
                                             3111(f) is amended—                                               Subtitle B—Conservation                      rity Act of 1985 (16 U.S.C. 3871c(d)(2)(B)) shall
                                               (A) by striking ‘‘for a taxable year, there           SEC. 21001. ADDITIONAL AGRICULTURAL CON-               not apply; and
                                             shall be allowed’’ and inserting ‘‘for a tax-                       SERVATION INVESTMENTS.                        (ii) the Secretary shall prioritize partner-
                                             able year—                                                (a)   APPROPRIATIONS.—In    addition to              ship agreements under section 1271C(d) of the
                                               ‘‘(A) there shall be allowed’’,                       amounts otherwise available (and subject to            Food Security Act of 1985 (16 U.S.C. 3871c(d))
                                               (B) by striking ‘‘equal to the’’ and insert-          subsection (b)), there are appropriated to the         that support the implementation of con-
                                             ing ‘‘equal to so much of the’’,                        Secretary, out of any money in the Treasury            servation projects that assist agricultural




dlhill on DSK120RN23PROD with SENATE
                                               (C) by striking the period at the end and             not otherwise appropriated, to remain avail-           producers        and      nonindustrial      private
                                             inserting ‘‘as does not exceed the limitation           able until September 30, 2031 (subject to the          forestland owners in directly improving soil
                                             of subclause (I) of section 41(h)(4)(B)(i) (ap-         condition that no such funds may be dis-               carbon, reducing nitrogen losses, or reduc-
                                             plied without regard to subclause (II) there-           bursed after September 30, 2031)—                      ing, capturing, avoiding, or sequestering car-
                                             of), and’’, and                                           (1) to carry out, using the facilities and au-       bon dioxide, methane, or nitrous oxide emis-
                                               (D) by adding at the end the following new            thorities of the Commodity Credit Corpora-             sions, associated with agricultural produc-
                                             subparagraph:                                           tion, the environmental quality incentives             tion.




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                     S4281
                                               (b) CONDITIONS.—The funds made available                (b) CONDITIONS.—The funds made available             under the program described in subsection
                                             under subsection (a) are subject to the condi-          under this section are subject to the condi-           (a) relating to underutilized renewable en-
                                             tions that the Secretary shall not—                     tions that the Secretary shall not—                    ergy technologies, and to provide technical
                                               (1) enter into any agreement—                           (1) enter into any agreement—                        assistance for applying to the program de-
                                               (A) that is for a term extending beyond                 (A) that is for a term extending beyond              scribed in subsection (a), including for un-
                                             September 30, 2031; or                                  September 30, 2031; or                                 derutilized renewable energy technologies,
                                               (B) under which any payment could be                    (B) under which any payment could be                 notwithstanding section 9007(c)(3)(A) of the
                                             outlaid or funds disbursed after September              outlaid or funds disbursed after September             Farm Security and Rural Investment Act of
                                             30, 2031; or                                            30, 2031;                                              2002 (7 U.S.C. 8107(c)(3)(A)), the amount of a
                                               (2) use any other funds available to the                (2) use any other funds available to the             grant shall not exceed 50 percent of the cost
                                             Secretary to satisfy obligations initially              Secretary to satisfy obligations initially             of the activity carried out using the grant
                                             made under this section.                                made under this section; or                            funds, and to the extent the following
                                                                                                       (3) interpret this section to authorize funds        amounts remain available at the end of each
                                                (c) CONFORMING AMENDMENTS.—
                                                                                                     of the Commodity Credit Corporation for ac-            fiscal year, the Secretary shall use such
                                                (1) Section 1240B of the Food Security Act
                                                                                                     tivities under this section if such funds are          amounts in accordance with subsection (a)—
                                             of 1985 (16 U.S.C. 3839aa–2) is amended—
                                                                                                     not expressly authorized or currently ex-                (1) $144,750,000 for fiscal year 2022, to re-
                                                (A) in subsection (a), by striking ‘‘2023’’
                                                                                                     pended for such purposes.                              main available until September 30, 2031; and
                                             and inserting ‘‘2031’’; and
                                                                                                       (c) ADMINISTRATIVE COSTS.—In addition to               (2) $31,813,500 for each of fiscal years 2023
                                                (B) in subsection (f)(2)(B)—
                                                                                                     amounts otherwise available, there is appro-           through 2027, to remain available until Sep-
                                                (i) in the subparagraph heading, by strik-
                                                                                                     priated to the Secretary for fiscal year 2022,         tember 30, 2031.
                                             ing ‘‘2023’’ and inserting ‘‘2031’’; and                                                                         (c) LIMITATION.—The Secretary shall not
                                                (ii) by striking ‘‘2023’’ and inserting ‘‘2031’’.    out of any money in the Treasury not other-
                                                                                                     wise appropriated, $100,000,000, to remain             enter into, pursuant to this section—
                                                (2) Section 1240H of the Food Security Act                                                                    (1) any loan agreement that may result in
                                             of 1985 (16 U.S.C. 3839aa–8) is amended by              available until September 30, 2028, for admin-
                                                                                                     istrative costs of the agencies and offices of         a disbursement after September 30, 2031; or
                                             striking ‘‘2023’’ each place it appears and in-                                                                  (2) any grant agreement that may result in
                                             serting ‘‘2031’’.                                       the Department of Agriculture for costs re-
                                                                                                     lated to implementing this section.                    any outlay after September 30, 2031.
                                                (3) Section 1240J(a) of the Food Security                                                                   SEC. 22003. BIOFUEL INFRASTRUCTURE AND AG-
                                             Act of 1985 (16 U.S.C. 3839aa–22(a)) is amend-                Subtitle C—Rural Development and
                                                                                                                                                                         RICULTURE PRODUCT MARKET EX-
                                             ed, in the matter preceding paragraph (1), by                         Agricultural Credit                                   PANSION.
                                             striking ‘‘2023’’ and inserting ‘‘2031’’.               SEC. 22001. ADDITIONAL FUNDING FOR ELECTRIC              Section 9003 of the Farm Security and
                                                (4) Section 1240L(h)(2)(A) of the Food Secu-                      LOANS FOR RENEWABLE ENERGY.               Rural Investment Act of 2002 (7 U.S.C. 8103)
                                             rity Act of 1985 (16 U.S.C. 3839aa–24(h)(2)(A))           Section 9003 of the Farm Security and                (as amended by section 22001) is amended by
                                             is amended by striking ‘‘2023’’ and inserting           Rural Investment Act of 2002 (7 U.S.C. 8103)           adding at the end the following:
                                             ‘‘2031’’.                                               is amended by adding at the end the fol-                 ‘‘(i) BIOFUEL INFRASTRUCTURE AND AGRI-
                                                (5) Section 1241 of the Food Security Act of         lowing:                                                CULTURE PRODUCT MARKET EXPANSION.—
                                             1985 (16 U.S.C. 3841) is amended—                         ‘‘(h) ADDITIONAL FUNDING FOR ELECTRIC                  ‘‘(1)     APPROPRIATION.—Notwithstanding
                                                (A) in subsection (a)—                               LOANS FOR RENEWABLE ENERGY.—                           subsections (a) through (e) and subsection
                                                (i) in the matter preceding paragraph (1),             ‘‘(1)    APPROPRIATIONS.—Notwithstanding             (g), in addition to amounts otherwise avail-
                                             by striking ‘‘2023’’ and inserting ‘‘2031’’;            subsections (a) through (e), and (g), in addi-         able, there is appropriated to the Secretary
                                                (ii) in paragraph (2)(F), by striking ‘‘2023’’       tion to amounts otherwise available, there is          for fiscal year 2022, out of any money in the
                                             and inserting ‘‘2031’’; and                             appropriated to the Secretary for fiscal year          Treasury      not   otherwise    appropriated,
                                                (iii) in paragraph (3), by striking ‘‘fiscal         2022, out of any money in the Treasury not             $500,000,000, to remain available until Sep-
                                             year 2023’’ each place it appears and insert-           otherwise appropriated, $1,000,000,000, to re-         tember 30, 2031, to carry out this subsection.
                                             ing ‘‘each of fiscal years 2023 through 2031’’;         main available until September 30, 2031, for             ‘‘(2) USE OF FUNDS.—The Secretary shall
                                                (B) in subsection (b), by striking ‘‘2023’’          the cost of loans under section 317 of the             use the amounts made available by para-
                                             and inserting ‘‘2031’’; and                             Rural Electrification Act of 1936 (7 U.S.C.            graph (1) to provide grants, for which the
                                                (C) in subsection (h)—                               940g), including for projects that store elec-         Federal share shall be not more than 75 per-
                                                (i) in paragraph (1)(B), in the subparagraph         tricity that support the types of eligible             cent of the total cost of carrying out a
                                             heading, by striking ‘‘2023’’ and inserting             projects under that section, which shall be            project for which the grant is provided, on a
                                             ‘‘2031’’; and                                           forgiven in an amount that is not greater              competitive basis, to increase the sale and
                                                (ii) by striking ‘‘2023’’ each place it appears      than 50 percent of the loan based on how the           use of agricultural commodity-based fuels
                                             and inserting ‘‘2031’’.                                 borrower and the project meets the terms               through infrastructure improvements for
                                                (6) Section 1244(n)(3)(A) of the Food Secu-          and conditions for loan forgiveness con-               blending, storing, supplying, or distributing
                                             rity Act of 1985 (16 U.S.C. 3844(n)(3)(A)) is           sistent with the purposes of that section es-          biofuels, except for transportation infra-
                                             amended by striking ‘‘2023’’ and inserting              tablished by the Secretary, except as pro-             structure not on location where such
                                             ‘‘2031’’.                                               vided in paragraph (3).                                biofuels are blended, stored, supplied, or dis-
                                                (7) Section 1271D(a) of the Food Security              ‘‘(2) LIMITATION.—The Secretary shall not            tributed—
                                             Act of 1985 (16 U.S.C. 3871d(a)) is amended by          enter into any loan agreement pursuant this              ‘‘(A) by installing, retrofitting, or other-
                                             striking ‘‘2023’’ and inserting ‘‘2031’’.               subsection that could result in disburse-              wise upgrading fuel dispensers or pumps and
                                                                                                     ments after September 30, 2031.                        related equipment, storage tank system
                                             SEC. 21002. CONSERVATION TECHNICAL ASSIST-
                                                                                                       ‘‘(3) EXCEPTION.—The Secretary shall es-             components, and other infrastructure re-
                                                         ANCE.
                                                                                                     tablish criteria for waiving the 50 percent            quired at a location related to dispensing
                                               (a)    APPROPRIATIONS.—In       addition   to         limitation described in paragraph (1).’’.              certain biofuel blends to ensure the in-
                                             amounts otherwise available (and subject to             SEC. 22002. RURAL ENERGY FOR AMERICA PRO-              creased sales of fuels with high levels of
                                             subsection (b)), there are appropriated to the                      GRAM.                                      commodity-based ethanol and biodiesel that
                                             Secretary for fiscal year 2022, out of any                (a)   APPROPRIATION.—In    addition  to              are at or greater than the levels required in
                                             money in the Treasury not otherwise appro-              amounts otherwise available, there is appro-           the Notice of Funding Availability for the
                                             priated, to remain available until September            priated to the Secretary, out of any money             Higher Blends Infrastructure Incentive Pro-
                                             30, 2031 (subject to the condition that no such         in the Treasury not otherwise appropriated,            gram for Fiscal Year 2020, published in the
                                             funds may be disbursed after September 30,              for eligible projects under section 9007 of the        Federal Register (85 Fed. Reg. 26656), as de-
                                             2031)—                                                  Farm Security and Rural Investment Act of              termined by the Secretary; and
                                               (1) $1,000,000,000 to provide conservation            2002 (7 U.S.C. 8107), and notwithstanding sec-           ‘‘(B) by building and retrofitting home
                                             technical assistance through the Natural Re-            tion 9007(c)(3)(A) of that Act, the amount of          heating oil distribution centers or equivalent
                                             sources Conservation Service; and                       a grant shall not exceed 50 percent of the             entities and distribution systems for ethanol
                                               (2) $300,000,000 to carry out a program to            cost of the activity carried out using the             and biodiesel blends.’’.
                                             quantify carbon sequestration and carbon di-            grant funds—                                           SEC. 22004. USDA ASSISTANCE FOR RURAL ELEC-
                                             oxide, methane, and nitrous oxide emissions,              (1) $820,250,000 for fiscal year 2022, to re-                     TRIC COOPERATIVES.
                                             through which the Natural Resources Con-                main available until September 30, 2031; and             Section 9003 of the Farm Security and
                                             servation Service shall collect field-based               (2) $180,276,500 for each of fiscal years 2023       Rural Investment Act of 2002 (7 U.S.C. 8103)
                                             data to assess the carbon sequestration and             through 2027, to remain available until Sep-           (as amended by section 22003) is amended by
                                             reduction in carbon dioxide, methane, and               tember 30, 2031.                                       adding at the end the following:




dlhill on DSK120RN23PROD with SENATE
                                             nitrous oxide emissions outcomes associated               (b) UNDERUTILIZED RENEWABLE ENERGY                     ‘‘(j) USDA ASSISTANCE FOR RURAL ELEC-
                                             with activities carried out pursuant to this            TECHNOLOGIES.—In addition to amounts oth-              TRIC COOPERATIVES.—
                                             section and use the data to monitor and                 erwise available, there is appropriated to the           ‘‘(1)    APPROPRIATION.—Notwithstanding
                                             track those carbon sequestration and emis-              Secretary, out of any money in the Treasury            subsections (a) through (e) and (g), in addi-
                                             sions trends through the Greenhouse Gas In-             not otherwise appropriated, to provide                 tion to amounts otherwise available, there is
                                             ventory and Assessment Program of the De-               grants and loans guaranteed by the Sec-                appropriated to the Secretary for fiscal year
                                             partment of Agriculture.                                retary (including the costs of such loans)             2022, out of any money in the Treasury not




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                                             S4282                                             CONGRESSIONAL RECORD — SENATE                                                         August 6, 2022
                                             otherwise appropriated, $9,700,000,000, to re-          ‘‘SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR           wise appropriated, $2,200,000,000 for a pro-
                                             main available until September 30, 2031, for                          UNDERSERVED FARMERS, RANCH-              gram to provide financial assistance, includ-
                                                                                                                   ERS, FORESTERS.                          ing the cost of any financial assistance, to
                                             the long-term resiliency, reliability, and af-
                                             fordability of rural electric systems by pro-              ‘‘(a) TECHNICAL AND OTHER ASSISTANCE.—In            farmers, ranchers, or forest landowners de-
                                             viding to an eligible entity (defined as an             addition to amounts otherwise available,               termined to have experienced discrimination
                                             electric cooperative described in section               there is appropriated to the Secretary of Ag-          prior to January 1, 2021, in Department of
                                             501(c)(12) or 1381(a)(2) of the Internal Revenue        riculture for fiscal year 2022, to remain avail-       Agriculture farm lending programs, under
                                             Code of 1986 and is or has been a Rural Utili-          able until September 30, 2031, out of any              which the amount of financial assistance
                                             ties Service electric loan borrower pursuant            money in the Treasury not otherwise appro-             provided to a recipient may be not more
                                             to the Rural Electrification Act of 1936 or             priated, $125,000,000 to provide outreach, me-         than $500,000, as determined to be appro-
                                             serving a predominantly rural area or a                 diation, financial training, capacity building         priate based on any consequences experi-
                                             wholly or jointly owned subsidiary of such              training, cooperative development and agri-            enced from the discrimination, which pro-
                                             electric cooperative) loans, modifications of           cultural credit training and support, and              gram shall be administered through 1 or
                                             loans, the cost of loans and modifications,             other technical assistance on issues con-              more qualified nongovernmental entities se-
                                             and other financial assistance to achieve the           cerning food, agriculture, agricultural cred-          lected by the Secretary subject to standards
                                             greatest reduction in carbon dioxide, meth-             it, agricultural extension, rural develop-             set and enforced by the Secretary.
                                             ane, and nitrous oxide emissions associated             ment, or nutrition to underserved farmers,               ‘‘(f) ADMINISTRATIVE COSTS.—In addition to
                                                                                                     ranchers, or forest landowners, including              amounts otherwise available, there is appro-
                                             with rural electric systems through the pur-
                                                                                                     veterans, limited resource producers, begin-           priated to the Secretary of Agriculture for
                                             chase of renewable energy, renewable energy
                                                                                                     ning farmers and ranchers, and farmers,                fiscal year 2022, to remain available until
                                             systems, and zero-emission systems, to de-
                                                                                                     ranchers, and forest landowners living in              September 30, 2031, out of any money in the
                                             ploy such systems, or to make energy effi-
                                                                                                     high poverty areas.                                    Treasury      not   otherwise    appropriated,
                                             ciency improvements to electric generation
                                                                                                       ‘‘(b) LAND LOSS ASSISTANCE.—In addition              $24,000,000 for administrative costs, including
                                             and transmission systems of the eligible en-
                                                                                                     to amounts otherwise available, there is ap-           training employees, of the agencies and of-
                                             tity after the date of enactment of this sub-
                                                                                                     propriated to the Secretary of Agriculture             fices of the Department of Agriculture to
                                             section.
                                                                                                     for fiscal year 2022, to remain available until        carry out this section.
                                               ‘‘(2) LIMITATION.—No eligible entity may                                                                       ‘‘(g) LIMITATION.—The funds made avail-
                                                                                                     September 30, 2031, out of any money in the
                                             receive an amount equal to more than 10 per-                                                                   able under this section are subject to the
                                                                                                     Treasury      not    otherwise     appropriated,
                                             cent of the total amount made available by                                                                     condition that the Secretary shall not—
                                                                                                     $250,000,000 to provide grants and loans to eli-
                                             this subsection.                                                                                                 ‘‘(1) enter into any agreement under which
                                                                                                     gible entities, as determined by the Sec-
                                               ‘‘(3) REQUIREMENT.—The amount of a grant                                                                     any payment could be outlaid or funds dis-
                                                                                                     retary, to improve land access (including
                                             under this subsection shall be not more than                                                                   bursed after September 30, 2031; or
                                                                                                     heirs’ property and fractionated land issues)
                                             25 percent of the total project costs of the el-                                                                 ‘‘(2) use any other funds available to the
                                                                                                     for underserved farmers, ranchers, and forest
                                             igible entity carrying out a project using a                                                                   Secretary to satisfy obligations initially
                                                                                                     landowners, including veterans, limited re-
                                             grant under this subsection.                                                                                   made under this section.’’.
                                                                                                     source producers, beginning farmers and
                                               ‘‘(4) PROHIBITION.—Nothing in this sub-                                                                      SEC. 22008. REPEAL OF FARM LOAN ASSISTANCE.
                                                                                                     ranchers, and farmers, ranchers, and forest
                                             section shall be interpreted to authorize                                                                        Section 1005 of the American Rescue Plan
                                                                                                     landowners living in high poverty areas.
                                             funds of the Commodity Credit Corporation                                                                      Act of 2021 (7 U.S.C. 1921 note; Public Law
                                                                                                       ‘‘(c) EQUITY COMMISSIONS.—In addition to
                                             for activities under this subsection if such                                                                   117–2) is repealed.
                                                                                                     amounts otherwise available, there is appro-
                                             funds are not expressly authorized or cur-
                                                                                                     priated to the Secretary of Agriculture for                          Subtitle D—Forestry
                                             rently expended for such purposes.
                                                                                                     fiscal year 2022, to remain available until            SEC. 23001. NATIONAL FOREST SYSTEM RESTORA-
                                               ‘‘(5) DISBURSEMENTS.—The Secretary shall
                                                                                                     September 30, 2031, out of any money in the                         TION  AND   FUELS   REDUCTION
                                             not enter into, pursuant to this subsection—
                                                                                                     Treasury      not    otherwise     appropriated,                    PROJECTS.
                                               ‘‘(A) any loan agreement that may result                                                                       (a)   APPROPRIATIONS.—In     addition  to
                                                                                                     $10,000,000 to fund the activities of one or
                                             in a disbursement after September 30, 2031;                                                                    amounts otherwise available, there are ap-
                                                                                                     more equity commissions that will address
                                             or                                                                                                             propriated to the Secretary for fiscal year
                                                                                                     racial equity issues within the Department
                                               ‘‘(B) any grant agreement that may result                                                                    2022, out of any money in the Treasury not
                                                                                                     of Agriculture and the programs of the De-
                                             in any outlay after September 30, 2031.’’.                                                                     otherwise appropriated, to remain available
                                                                                                     partment of Agriculture.
                                             SEC. 22005. ADDITIONAL USDA RURAL DEVELOP-                ‘‘(d) RESEARCH, EDUCATION, AND EXTEN-                until September 30, 2031—
                                                          MENT ADMINISTRATIVE FUNDS.                 SION.—In addition to amounts otherwise                   (1) $1,800,000,000 for hazardous fuels reduc-
                                               In addition to amounts otherwise avail-               available, there is appropriated to the Sec-           tion projects on National Forest System
                                             able, there is appropriated to the Secretary            retary of Agriculture for fiscal year 2022, to         land within the wildland-urban interface;
                                             for fiscal year 2022, out of any money in the           remain available until September 30, 2031,               (2) $200,000,000 for vegetation management
                                             Treasury      not   otherwise    appropriated,          out of any money in the Treasury not other-            projects on National Forest System land car-
                                             $100,000,000, to remain available until Sep-            wise appropriated, $250,000,000 to support and         ried out in accordance with a plan developed
                                             tember 30, 2031, for administrative costs and           supplement agricultural research, education,           under section 303(d)(1) or 304(a)(3) of the
                                             salaries and expenses for the Rural Develop-            and extension, as well as scholarships and             Healthy Forests Restoration Act of 2003 (16
                                             ment mission area and administrative costs              programs that provide internships and path-            U.S.C. 6542(d)(1) or 6543(a)(3));
                                             of the agencies and offices of the Department           ways to agricultural sector or Federal em-               (3) $100,000,000 to provide for environmental
                                             for costs related to implementing this sub-             ployment, for 1890 Institutions (as defined in         reviews by the Chief of the Forest Service in
                                             title.                                                  section 2 of the Agricultural, Research, Ex-           satisfying the obligations of the Chief of the
                                             SEC. 22006. FARM LOAN IMMEDIATE RELIEF FOR              tension, and Education Reform Act of 1998 (7           Forest Service under the National Environ-
                                                          BORROWERS WITH AT-RISK AGRI-               U.S.C. 7601)), 1994 Institutions (as defined in        mental Policy Act of 1969 (42 U.S.C. 4321
                                                          CULTURAL OPERATIONS.                       section 532 of the Equity in Educational               through 4370m–12); and
                                               In addition to amounts otherwise avail-               Land-Grant Status Act of 1994 (7 U.S.C. 301              (4) $50,000,000 for the protection of old-
                                             able, there is appropriated to the Secretary            note; Public Law 103–382)), Alaska Native              growth forests on National Forest System
                                             for fiscal year 2022, out of amounts in the             serving institutions and Native Hawaiian               land and to complete an inventory of old-
                                             Treasury      not    otherwise   appropriated,          serving institutions eligible to receive               growth forests and mature forests within the
                                             $3,100,000,000, to remain available until Sep-          grants under subsections (a) and (b), respec-          National Forest System.
                                             tember 30, 2031, to provide payments to, for            tively, of section 1419B of the National Agri-           (b) RESTRICTIONS.—None of the funds made
                                             the cost of loans or loan modifications for, or         cultural Research, Extension, and Teaching             available by paragraph (1) or (2) of sub-
                                             to carry out section 331(b)(4) of the Consoli-          Policy Act of 1977 (7 U.S.C. 3156), Hispanic-          section (a) may be used for any activity—
                                             dated Farm and Rural Development Act (7                 serving institutions eligible to receive                 (1) conducted in a wilderness area or wil-
                                             U.S.C. 1981(b)(4)) with respect to distressed           grants under section 1455 of the National Ag-          derness study area;
                                             borrowers of direct or guaranteed loans ad-             ricultural Research, Extension, and Teach-               (2) that includes the construction of a per-
                                             ministered by the Farm Service Agency                   ing Policy Act of 1977 (7 U.S.C. 3241), and the        manent road or motorized trail;
                                             under subtitle A, B, or C of that Act (7 U.S.C.         insular area institutions of higher education            (3) that includes the construction of a tem-
                                             1922 through 1970). In carrying out this sec-           located in the territories of the United               porary road, except in the case of a tem-
                                             tion, the Secretary shall provide relief to             States, as referred to in section 1489 of the          porary road that is decommissioned by the
                                             those borrowers whose agricultural oper-                National Agricultural Research, Extension,             Secretary not later than 3 years after the
                                             ations are at financial risk as expeditiously           and Teaching Policy Act of 1977 (7 U.S.C.              earlier of—




dlhill on DSK120RN23PROD with SENATE
                                             as possible, as determined by the Secretary.            3361).                                                   (A) the date on which the temporary road
                                             SEC. 22007. USDA ASSISTANCE AND SUPPORT FOR               ‘‘(e) DISCRIMINATION FINANCIAL ASSIST-               is no longer needed; and
                                                          UNDERSERVED FARMERS, RANCH-                ANCE.—In addition to amounts otherwise                   (B) the date on which the project for which
                                                          ERS, AND FORESTERS.                        available, there is appropriated to the Sec-           the temporary road was constructed is com-
                                               Section 1006 of the American Rescue Plan              retary of Agriculture for fiscal year 2022, to         pleted;
                                             Act of 2021 (7 U.S.C. 2279 note; Public Law             remain available until September 30, 2031,               (4) inconsistent with the applicable land
                                             117–2) is amended to read as follows:                   out of any money in the Treasury not other-            management plan;




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                     S4283
                                               (5) inconsistent with the prohibitions of             case of underserved forest landowners, sub-              (2) $1,500,000,000 to provide multiyear, pro-
                                             the rule of the Forest Service entitled ‘‘Spe-          ject to the condition that subsection (h) of           grammatic, competitive grants to a State
                                             cial Areas; Roadless Area Conservation’’ (66            that section shall not apply;                          agency, a local governmental entity, an
                                             Fed. Reg. 3244 (January 12, 2001)), as modified           (2) $150,000,000 for the competitive grant           agency or governmental entity of the Dis-
                                             by subparts C and D of part 294 of title 36,            program under section 13A of the Coopera-              trict of Columbia, an agency or govern-
                                             Code of Federal Regulations; or                         tive Forestry Assistance Act of 1978 (16               mental entity of an insular area (as defined
                                               (6) carried out on any land that is not Na-           U.S.C. 2109a) for providing through that pro-          in section 1404 of the National Agricultural
                                             tional Forest System land, including other              gram grants to support the participation of            Research, Extension, and Teaching Policy
                                             forested land on Federal, State, Tribal, or             underserved forest landowners in emerging              Act of 1977 (7 U.S.C. 3103)), an Indian Tribe,
                                             private land.                                           private markets for climate mitigation or              or a nonprofit organization through the
                                               (c) LIMITATIONS.—Nothing in this section              forest resilience, subject to the condition            Urban and Community Forestry Assistance
                                             shall be interpreted to authorize funds of the          that subsection (h) of that section shall not          program established under section 9(c) of the
                                             Commodity Credit Corporation for activities             apply;                                                 Cooperative Forestry Assistance Act of 1978
                                             under this section if such funds are not ex-              (3) $100,000,000 for the competitive grant           (16 U.S.C. 2105(c)) for tree planting and re-
                                             pressly authorized or currently expended for            program under section 13A of the Coopera-              lated activities.
                                             such purposes.                                          tive Forestry Assistance Act of 1978 (16                 (b) WAIVER.—Any non-Federal cost-share
                                               (d) COST-SHARING WAIVER.—                                                                                    requirement otherwise applicable to projects
                                                                                                     U.S.C. 2109a) for providing through that pro-
                                               (1) IN GENERAL.—The non-Federal cost-                                                                        carried out under this section may be waived
                                                                                                     gram grants to support the participation of
                                             share requirement of a project described in                                                                    at the discretion of the Secretary.
                                                                                                     forest landowners who own less than 2,500
                                             paragraph (2) may be waived at the discre-
                                                                                                     acres of forest land in emerging private mar-          SEC. 23004. LIMITATION.
                                             tion of the Secretary.
                                                                                                     kets for climate mitigation or forest resil-             The funds made available under this sub-
                                               (2) PROJECT DESCRIBED.—A project referred
                                                                                                     ience, subject to the condition that sub-              title are subject to the condition that the
                                             to in paragraph (1) is a project that—
                                                                                                     section (h) of that section shall not apply;           Secretary shall not—
                                               (A) is carried out using funds made avail-
                                                                                                       (4) $50,000,000 for the competitive grant              (1) enter into any agreement—
                                             able under this section;
                                                                                                     program under section 13A of the Coopera-                (A) that is for a term extending beyond
                                               (B) requires a partnership agreement, in-
                                                                                                     tive Forestry Assistance Act of 1978 (16               September 30, 2031; or
                                             cluding a cooperative agreement or mutual
                                                                                                     U.S.C. 2109a) to provide grants to states and            (B) under which any payment could be
                                             interest agreement; and
                                                                                                     other eligible entities to provide payments            outlaid or funds disbursed after September
                                               (C) is subject to a non-Federal cost-share
                                                                                                     to owners of private forest land for imple-            30, 2031; or
                                             requirement.
                                                                                                     mentation of forestry practices on private               (2) use any other funds available to the
                                               (e) DEFINITIONS.—In this section:
                                                                                                     forest land, that are determined by the Sec-           Secretary to satisfy obligations initially
                                               (1) DECOMMISSION.—The term ‘‘decommis-
                                                                                                     retary, based on the best available science,           made under this subtitle.
                                             sion’’ means, with respect to a road—
                                                                                                     to provide measurable increases in carbon              SEC. 23005. ADMINISTRATIVE COSTS.
                                               (A) reestablishing native vegetation on the
                                                                                                     sequestration and storage beyond customary               In addition to amounts otherwise avail-
                                             road;
                                                                                                     practices on comparable land, subject to the           able, there is appropriated to the Secretary
                                               (B) restoring any natural drainage, water-
                                                                                                     conditions that—                                       for fiscal year 2022, out of any money in the
                                             shed function, or other ecological processes
                                                                                                       (A) those payments shall not preclude                Treasury     not    otherwise    appropriated,
                                             that were disrupted or adversely impacted by
                                                                                                     landowners from participation in other pub-            $100,000,000 to remain available until Sep-
                                             the road by removing or hydrologically dis-
                                                                                                     lic and private sector financial incentive             tember 30, 2031, for administrative costs of
                                             connecting the road prism and reestablishing
                                                                                                     programs; and                                          the agencies and offices of the Department of
                                             stable slope contours; and
                                                                                                       (B) subsection (h) of that section shall not         Agriculture for costs related to imple-
                                               (C) effectively blocking the road to vehic-
                                                                                                     apply; and                                             menting this subtitle.
                                             ular traffic, where feasible.
                                                                                                       (5) $100,000,000 to provide grants under the            TITLE III—COMMITTEE ON BANKING,
                                               (2) ECOLOGICAL INTEGRITY.—The term ‘‘eco-
                                                                                                     wood innovation grant program under sec-                      HOUSING, AND URBAN AFFAIRS
                                             logical integrity’’ has the meaning given the
                                                                                                     tion 8643 of the Agriculture Improvement
                                             term in section 219.19 of title 36, Code of Fed-                                                               SEC. 30001. ENHANCED USE OF DEFENSE PRO-
                                                                                                     Act of 2018 (7 U.S.C. 7655d), including for the
                                             eral Regulations (as in effect on the date of                                                                              DUCTION ACT OF 1950.
                                                                                                     construction of new facilities that advance
                                             enactment of this Act).                                                                                          In addition to amounts otherwise avail-
                                                                                                     the purposes of the program and for the
                                               (3) HAZARDOUS FUELS REDUCTION PROJECT.—                                                                      able, there is appropriated for fiscal year
                                                                                                     hauling of material removed to reduce haz-
                                             The term ‘‘hazardous fuels reduction                                                                           2022, out of any money in the Treasury not
                                                                                                     ardous fuels to locations where that material
                                             project’’ means an activity, including the                                                                     otherwise appropriated, $500,000,000, to re-
                                                                                                     can be utilized, subject to the conditions
                                             use of prescribed fire, to protect structures                                                                  main available until September 30, 2024, to
                                                                                                     that—
                                             and communities from wildfire that is car-                                                                     carry out the Defense Production Act of 1950
                                                                                                       (A) the amount of such a grant shall be not
                                             ried out on National Forest System land.                                                                       (50 U.S.C. 4501 et seq.).
                                                                                                     more than $5,000,000; and
                                               (4) RESTORATION.—The term ‘‘restoration’’                                                                    SEC. 30002. IMPROVING ENERGY EFFICIENCY OR
                                                                                                       (B) notwithstanding subsection (d) of that
                                             has the meaning given the term in section                                                                                   WATER EFFICIENCY OR CLIMATE
                                                                                                     section, a recipient of such a grant shall pro-                     RESILIENCE OF AFFORDABLE HOUS-
                                             219.19 of title 36, Code of Federal Regulations
                                                                                                     vide funds equal to not less than 50 percent                        ING.
                                             (as in effect on the date of enactment of this
                                                                                                     of the amount received under the grant, to               (a)    APPROPRIATION.—In     addition  to
                                             Act).
                                                                                                     be derived from non-Federal sources.                   amounts otherwise available, there is appro-
                                               (5) VEGETATION MANAGEMENT PROJECT.—
                                             The term ‘‘vegetation management project’’                (b) COST-SHARING REQUIREMENT.—Any part-              priated to the Secretary of Housing and
                                             means an activity carried out on National               nership agreements, including cooperative              Urban Development (in this section referred
                                             Forest System land to enhance the ecologi-              agreements and mutual interest agreements,             to as the ‘‘Secretary’’) for fiscal year 2022,
                                             cal integrity and achieve the restoration of a          using funds made available under this sec-             out of any money in the Treasury not other-
                                             forest ecosystem through the removal of                 tion shall be subject to a non-Federal cost-           wise appropriated—
                                             vegetation, the use of prescribed fire, the             share requirement of not less than 20 percent            (1) $837,500,000, to remain available until
                                             restoration of aquatic habitat, or the decom-           of the project cost, which may be waived at            September 30, 2028, for the cost of providing
                                             missioning of an unauthorized, temporary,               the discretion of the Secretary.                       direct loans, the costs of modifying such
                                             or system road.                                           (c) LIMITATIONS.—Nothing in this section             loans, and for grants, as provided for and
                                               (6) WILDLAND-URBAN INTERFACE.—The term                shall be interpreted to authorize funds of the         subject to terms and conditions in sub-
                                             ‘‘wildland-urban interface’’ has the meaning            Commodity Credit Corporation for activities            section (b), including to subsidize gross obli-
                                             given the term in section 101 of the Healthy            under this section if such funds are not ex-           gations for the principal amount of such
                                             Forests Restoration Act of 2003 (16 U.S.C.              pressly authorized or currently expended for           loans, not to exceed $4,000,000,000, to fund
                                             6511).                                                  such purposes.                                         projects that improve energy or water effi-
                                             SEC. 23002. COMPETITIVE GRANTS FOR NON-FED-             SEC. 23003. STATE AND PRIVATE FORESTRY CON-            ciency, enhance indoor air quality or sus-
                                                          ERAL FOREST LANDOWNERS.                                 SERVATION PROGRAMS.                       tainability, implement the use of zero-emis-
                                               (a)   APPROPRIATIONS.—In     addition  to               (a)    APPROPRIATIONS.—In      addition   to         sion electricity generation, low-emission
                                             amounts otherwise available, there are ap-              amounts otherwise available, there are ap-             building materials or processes, energy stor-
                                             propriated to the Secretary for fiscal year             propriated to the Secretary for fiscal year            age, or building electrification strategies, or
                                             2022, out of any money in the Treasury not              2022, out of any money in the Treasury not             address climate resilience, of an eligible
                                             otherwise appropriated, to remain available             otherwise appropriated, to remain available            property;




dlhill on DSK120RN23PROD with SENATE
                                             until September 30, 2031—                               until September 30, 2031—                                (2) $60,000,000, to remain available until
                                               (1) $150,000,000 for the competitive grant              (1) $700,000,000 to provide competitive              September 30, 2030, for the costs to the Sec-
                                             program under section 13A of the Coopera-               grants to States through the Forest Legacy             retary for information technology, research
                                             tive Forestry Assistance Act of 1978 (16                Program established under section 7 of the             and evaluation, and administering and over-
                                             U.S.C. 2109a) for providing through that pro-           Cooperative Forestry Assistance Act of 1978            seeing the implementation of this section;
                                             gram a cost share to carry out climate miti-            (16 U.S.C. 2103c) for projects for the acquisi-          (3) $60,000,000, to remain available until
                                             gation or forest resilience practices in the            tion of land and interests in land; and                September 30, 2029, for expenses of contracts




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                                             S4284                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2022
                                             or cooperative agreements administered by                 (b) TRIBAL GOVERNMENT DEFINED.—In this               SEC.   40005.    COMPUTING CAPACITY AND RE-
                                             the Secretary; and                                      section, the term ‘‘Tribal Government’’                                SEARCH FOR WEATHER, OCEANS,
                                                                                                                                                                            AND CLIMATE.
                                               (4) $42,500,000, to remain available until            means the recognized governing body of any
                                             September 30, 2028, for energy and water                Indian or Alaska Native tribe, band, nation,             In addition to amounts otherwise avail-
                                             benchmarking of properties eligible to re-              pueblo, village, community, component                  able, there is appropriated to the National
                                             ceive grants or loans under this section, re-           band, or component reservation, individually           Oceanic and Atmospheric Administration for
                                             gardless of whether they actually received              identified (including parenthetically) in the          fiscal year 2022, out of any money in the
                                                                                                                                                            Treasury      not    otherwise     appropriated,
                                             such grants or loans, along with associated             list published most recently as of the date of
                                                                                                                                                            $190,000,000, to remain available until Sep-
                                             data analysis and evaluation at the property            enactment of this subsection pursuant to
                                                                                                                                                            tember 30, 2026, for the procurement of addi-
                                             and portfolio level, and the development of             section 104 of the Federally Recognized In-
                                                                                                                                                            tional high-performance computing, data
                                             information technology systems necessary                dian Tribe List Act of 1994 (25 U.S.C. 5131).
                                                                                                                                                            processing capacity, data management, and
                                             for the collection, evaluation, and analysis            SEC. 40002. FACILITIES OF THE NATIONAL OCE-            storage assets, to carry out section 204(a)(2)
                                             of such data.                                                       ANIC AND ATMOSPHERIC ADMINIS-              of the High-Performance Computing Act of
                                               (b) LOAN AND GRANT TERMS AND CONDI-                               TRATION AND NATIONAL MARINE
                                                                                                                 SANCTUARIES.
                                                                                                                                                            1991 (15 U.S.C. 5524(a)(2)), and for transaction
                                             TIONS.—Amounts made available under this
                                                                                                                                                            agreements       authorized     under    section
                                             section shall be for direct loans, grants, and            (a) NATIONAL OCEANIC AND ATMOSPHERIC                 301(d)(1)(A) of the Weather Research and
                                             direct loans that can be converted to grants            ADMINISTRATION FACILITIES.—In addition to              Forecasting Innovation Act of 2017 (15 U.S.C.
                                             to eligible recipients that agree to an ex-             amounts otherwise available, there is appro-           8531(d)(1)(A)), and for related administrative
                                             tended period of affordability for the prop-            priated to the National Oceanic and Atmos-             expenses.
                                             erty.                                                   pheric Administration for fiscal year 2022,            SEC. 40006. ACQUISITION OF HURRICANE FORE-
                                               (c) DEFINITIONS.—As used in this section—             out of any money in the Treasury not other-                        CASTING AIRCRAFT.
                                               (1) the term ‘‘eligible recipient’’ means any         wise appropriated, $150,000,000, to remain               In addition to amounts otherwise avail-
                                             owner or sponsor of an eligible property; and           available until September 30, 2026, for the            able, there is appropriated to the National
                                               (2) the term ‘‘eligible property’’ means a            construction of new facilities, facilities in          Oceanic and Atmospheric Administration for
                                             property assisted pursuant to—                          need of replacement, piers, marine oper-               fiscal year 2022, out of any money in the
                                               (A) section 202 of the Housing Act of 1959            ations facilities, and fisheries laboratories.         Treasury      not   otherwise     appropriated,
                                             (12 U.S.C. 1701q);                                        (b) NATIONAL MARINE SANCTUARIES FACILI-              $100,000,000, to remain available until Sep-
                                               (B) section 202 of the Housing Act of 1959            TIES.—In addition to amounts otherwise                 tember 30, 2026, for the acquisition of hurri-
                                             (former 12 U.S.C. 1701q), as such section ex-           available, there is appropriated to the Na-            cane hunter aircraft under section 413(a) of
                                             isted before the enactment of the Cranston-             tional Oceanic and Atmospheric Administra-             the Weather Research and Forecasting Inno-
                                             Gonzalez National Affordable Housing Act;               tion for fiscal year 2022, out of any money in         vation Act of 2017 (15 U.S.C. 8549(a)).
                                               (C) section 811 of the Cranston-Gonzalez              the Treasury not otherwise appropriated,               SEC. 40007. ALTERNATIVE FUEL AND LOW-EMIS-
                                             National Affordable Housing Act (42 U.S.C.              $50,000,000, to remain available until Sep-                        SION AVIATION TECHNOLOGY PRO-
                                             8013);                                                  tember 30, 2026, for the construction of facili-                   GRAM.
                                               (D) section 8(b) of the United States Hous-           ties to support the National Marine Sanc-                (a) APPROPRIATION AND ESTABLISHMENT.—
                                             ing Act of 1937 (42 U.S.C. 1437f(b));                   tuary System established under subsection              For purposes of establishing a competitive
                                               (E) section 236 of the National Housing Act           (c) of section 301 of the National Marine              grant program for eligible entities to carry
                                             (12 U.S.C. 1715z–1); or                                 Sanctuaries Act (16 U.S.C. 1431(c)).                   out projects located in the United States
                                               (F) a Housing Assistance Payments con-                                                                       that produce, transport, blend, or store sus-
                                                                                                     SEC. 40003. NOAA EFFICIENT AND EFFECTIVE RE-
                                             tract for Project-Based Rental Assistance in                         VIEWS.
                                                                                                                                                            tainable aviation fuel, or develop, dem-
                                             fiscal year 2021.                                                                                              onstrate, or apply low-emission aviation
                                                                                                       In addition to amounts otherwise avail-              technologies, in addition to amounts other-
                                               (d) WAIVER.—The Secretary may waive or
                                                                                                     able, there is appropriated to the National            wise available, there are appropriated to the
                                             specify alternative requirements for any pro-
                                             vision of subsection (c) or (bb) of section 8 of        Oceanic and Atmospheric Administration for             Secretary for fiscal year 2022, out of any
                                             the United States Housing Act of 1937 (42               fiscal year 2022, out of any money in the              money in the Treasury not otherwise appro-
                                             U.S.C. 1437f(c), 1437f(bb)) upon a finding that         Treasury     not   otherwise    appropriated,          priated, to remain available until September
                                             the waiver or alternative requirement is nec-           $20,000,000, to remain available until Sep-            30, 2026—
                                             essary to facilitate the use of amounts made            tember 30, 2026, to conduct more efficient,               (1) $244,530,000 for projects relating to the
                                             available under this section.                           accurate, and timely reviews for planning,             production, transportation, blending, or
                                               (e) IMPLEMENTATION.—The Secretary shall               permitting and approval processes through              storage of sustainable aviation fuel;
                                             have the authority to establish by notice               the hiring and training of personnel, and the             (2) $46,530,000 for projects relating to low-
                                             any requirements that the Secretary deter-              purchase of technical and scientific services          emission aviation technologies; and
                                             mines are necessary for timely and effective            and new equipment, and to improve agency                  (3) $5,940,000 to fund the award of grants
                                             implementation of the program and expendi-              transparency, accountability, and public en-           under this section, and oversight of the pro-
                                             ture of funds appropriated, which require-              gagement.                                              gram, by the Secretary.
                                             ments shall take effect upon issuance.                  SEC. 40004. OCEANIC AND ATMOSPHERIC RE-                   (b) CONSIDERATIONS.—In carrying out sub-
                                               TITLE IV—COMMITTEE ON COMMERCE,                                   SEARCH AND FORECASTING FOR                 section (a), the Secretary shall consider,
                                                                                                                 WEATHER AND CLIMATE.                       with respect to a proposed project—
                                                   SCIENCE, AND TRANSPORTATION
                                                                                                       (a) FORECASTING AND RESEARCH.—In addi-                  (1) the capacity for the eligible entity to
                                             SEC. 40001. INVESTING IN COASTAL COMMU-
                                                        NITIES AND CLIMATE RESILIENCE.               tion to amounts otherwise available, there is          increase the domestic production and de-
                                               (a) IN GENERAL.—In addition to amounts                appropriated to the National Oceanic and At-           ployment of sustainable aviation fuel or the
                                             otherwise available, there is appropriated to           mospheric Administration for fiscal year               use of low-emission aviation technologies
                                             the National Oceanic and Atmospheric Ad-                2022, out of any money in the Treasury not             among the United States commercial avia-
                                             ministration for fiscal year 2022, out of any           otherwise appropriated, $150,000,000, to re-           tion and aerospace industry;
                                             money in the Treasury not otherwise appro-              main available until September 30, 2026, to               (2) the projected greenhouse gas emissions
                                             priated, $2,600,000,000, to remain available            accelerate advances and improvements in re-            from such project, including emissions re-
                                             until September 30, 2026, to provide funding            search, observation systems, modeling, fore-           sulting from the development of the project,
                                             through     direct   expenditure,   contracts,          casting, assessments, and dissemination of             and the potential the project has to reduce
                                             grants, cooperative agreements, or technical            information to the public as it pertains to            or displace, on a lifecycle basis, United
                                             assistance to coastal states (as defined in             ocean and atmospheric processes related to             States greenhouse gas emissions associated
                                             paragraph (4) of section 304 of the Coastal             weather, coasts, oceans, and climate, and to           with air travel;
                                             Zone Management Act of 1972 (16 U.S.C.                  carry out section 102(a) of the Weather Re-               (3) the capacity to create new jobs and de-
                                             1453(4))), the District of Columbia, Tribal             search and Forecasting Innovation Act of               velop supply chain partnerships in the
                                             Governments, nonprofit organizations, local             2017 (15 U.S.C. 8512(a)), and for related admin-       United States;
                                             governments, and institutions of higher edu-            istrative expenses.                                       (4) for projects related to the production of
                                             cation (as defined in subsection (a) of section           (b) RESEARCH GRANTS AND SCIENCE INFOR-               sustainable aviation fuel, the projected
                                             101 of the Higher Education Act of 1965 (20             MATION, PRODUCTS, AND SERVICES.—In addi-               lifecycle greenhouse gas emissions benefits
                                             U.S.C. 1001(a))), for the conservation, res-            tion to amounts otherwise available, there             from the proposed project, which shall in-
                                             toration, and protection of coastal and ma-             are appropriated to the National Oceanic and           clude feedstock and fuel production and po-
                                             rine habitats, resources, Pacific salmon and            Atmospheric Administration for fiscal year             tential direct and indirect greenhouse gas
                                             other marine fisheries, to enable coastal               2022, out of any money in the Treasury not             emissions (including resulting from changes




dlhill on DSK120RN23PROD with SENATE
                                             communities to prepare for extreme storms               otherwise appropriated, to remain available            in land use); and
                                             and other changing climate conditions, and              until September 30, 2026, $50,000,000 for com-            (5) the benefits of ensuring a diversity of
                                             for projects that support natural resources             petitive grants to fund climate research as it         feedstocks for sustainable aviation fuel, in-
                                             that sustain coastal and marine resource de-            relates to weather, ocean, coastal, and at-            cluding the use of waste carbon oxides and
                                             pendent communities, marine fishery and                 mospheric processes and conditions, and im-            direct air capture.
                                             marine mammal stock assessments, and for                pacts to marine species and coastal habitat,              (c) COST SHARE.—The Federal share of the
                                             related administrative expenses.                        and for related administrative expenses.               cost of a project carried out using grant




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                      S4285
                                             funds under subsection (a) shall be 75 percent             (D) is not derived from palm fatty acid dis-         the Secretary shall use not more than 3 per-
                                             of the total proposed cost of the project, ex-          tillates; and                                           cent for—
                                             cept that such Federal share shall increase                (E) achieves at least a 50 percent lifecycle           (A) administrative purposes; and
                                             to 90 percent of the total proposed cost of the         greenhouse gas emissions reduction in com-                (B) providing technical assistance relating
                                             project if the eligible entity is a small hub           parison with petroleum-based jet fuel, as de-           to activities carried out under this section.
                                             airport or nonhub airport, as such terms are            termined by a test that shows—                            (b) APPLICATION.—A State energy office
                                             defined in section 47102 of title 49, United               (i) the fuel production pathway achieves at          seeking a grant under this section shall sub-
                                             States Code.                                            least a 50 percent reduction of the aggregate           mit to the Secretary an application that in-
                                                (d) FUEL EMISSIONS REDUCTION TEST.—For               attributional core lifecycle emissions and              cludes a plan to implement a HOMES rebate
                                             purposes of clause (ii) of subsection (e)(7)(E),        the induced land-use change values under a              program, including a plan—
                                             the Secretary shall, not later than 2 years             lifecycle methodology for sustainable avia-               (1) to use procedures, as approved by the
                                             after the date of enactment of this section,            tion fuels similar to that adopted by the               Secretary, for determining the reductions in
                                             adopt at least 1 methodology for testing                International Civil Aviation Organization               home energy use resulting from the imple-
                                             lifecycle greenhouse gas emissions that                 with the agreement of the United States; or             mentation of a home energy efficiency ret-
                                             meets the requirements of such clause.                     (ii) the fuel production pathway achieves            rofit that are calibrated to historical energy
                                                (e) DEFINITIONS.—In this section:                    at least a 50 percent reduction of the aggre-           usage for a home consistent with BPI 2400,
                                                                                                     gate attributional core lifecycle greenhouse            for purposes of modeled performance home
                                                (1) ELIGIBLE ENTITY.—The term ‘‘eligible
                                                                                                     gas emissions values and the induced land-              rebates;
                                             entity’’ means—
                                                                                                     use change values under another method-                   (2) to use open-source advanced measure-
                                                (A) a State or local government, including
                                                                                                     ology that the Secretary determines is—                 ment and verification software, as approved
                                             the District of Columbia, other than an air-
                                                                                                        (I) reflective of the latest scientific under-       by the Secretary, for determining and docu-
                                             port sponsor;
                                                                                                     standing of lifecycle greenhouse gas emis-              menting the monthly and hourly (if avail-
                                                (B) an air carrier;
                                                                                                     sions; and                                              able) weather-normalized energy use of a
                                                (C) an airport sponsor;
                                                                                                        (II) as stringent as the requirement under           home before and after the implementation of
                                                (D) an accredited institution of higher edu-
                                                                                                     clause (i).                                             a home energy efficiency retrofit, for pur-
                                             cation;
                                                (E) a research institution;                            TITLE V—COMMITTEE ON ENERGY AND                       poses of measured performance home re-
                                                (F) a person or entity engaged in the pro-                        NATURAL RESOURCES                          bates;
                                             duction, transportation, blending, or storage                           Subtitle A—Energy                         (3) to value savings based on time, loca-
                                             of sustainable aviation fuel in the United                      PART 1—GENERAL PROVISIONS                       tion, or greenhouse gas emissions;
                                             States or feedstocks in the United States               SEC. 50111. DEFINITIONS.                                  (4) for quality monitoring to ensure that
                                             that could be used to produce sustainable                 In this subtitle:                                     each home energy efficiency retrofit for
                                             aviation fuel;                                            (1) GREENHOUSE GAS.—The term ‘‘green-                 which a rebate is provided is documented in
                                                (G) a person or entity engaged in the devel-         house gas’’ has the meaning given the term              a certificate that—
                                             opment, demonstration, or application of                in section 1610(a) of the Energy Policy Act of            (A) is provided by the contractor and cer-
                                             low-emission aviation technologies; or                  1992 (42 U.S.C. 13389(a)).                              tified by a third party to the homeowner;
                                                (H) nonprofit entities or nonprofit con-               (2) SECRETARY.—The term ‘‘Secretary’’                 and
                                             sortia with experience in sustainable avia-             means the Secretary of Energy.                            (B) details the work performed, the equip-
                                             tion fuels, low-emission aviation tech-                   (3) STATE.—The term ‘‘State’’ means a                 ment and materials installed, and the pro-
                                             nologies, or other clean transportation re-             State, the District of Columbia, and a United           jected energy savings or energy generation
                                             search programs.                                        States Insular Area (as that term is defined            to support accurate valuation of the retrofit;
                                                (2) FEEDSTOCK.—The term ‘‘feedstock’’                in section 50211).                                        (5) to provide a contractor performing a
                                             means sources of hydrogen and carbon not                  (4) STATE ENERGY OFFICE.—The term                     home energy efficiency retrofit or an
                                             originating from unrefined or refined petro-            ‘‘State energy office’’ has the meaning given           aggregator who has the right to claim a re-
                                             chemicals.                                              the term in section 124(a) of the Energy Pol-           bate $200 for each home located in a dis-
                                                (3) INDUCED LAND-USE CHANGE VALUES.—The              icy Act of 2005 (42 U.S.C. 15821(a)).                   advantaged community that receives a home
                                             term ‘‘induced land-use change values’’                   (5) STATE ENERGY PROGRAM.—The term                    energy efficiency retrofit for which a rebate
                                             means the greenhouse gas emissions result-              ‘‘State Energy Program’’ means the State                is provided under the program; and
                                             ing from the conversion of land to the pro-             Energy Program established pursuant to                    (6) to ensure that a homeowner or
                                             duction of feedstocks and from the conver-              part D of title III of the Energy Policy and            aggregator does not receive a rebate for the
                                             sion of other land due to the displacement of           Conservation Act (42 U.S.C. 6321 through                same upgrade through both a HOMES rebate
                                             crops or animals for which the original land            6326).                                                  program and any other Federal grant or re-
                                             was previously used.                                      PART 2—RESIDENTIAL EFFICIENCY AND                     bate program, pursuant to subsection (c)(7).
                                                (4) LIFECYCLE GREENHOUSE GAS EMISSIONS.—                      ELECTRIFICATION REBATES                          (c) HOMES REBATE PROGRAM.—
                                             The term ‘‘lifecycle greenhouse gas emis-               SEC.    50121.  HOME ENERGY PERFORMANCE-                  (1) IN GENERAL.—A HOMES rebate program
                                             sions’’ means the combined greenhouse gas                             BASED, WHOLE-HOUSE REBATES.               carried out by a State energy office receiv-
                                             emissions from feedstock production, collec-                 (a) APPROPRIATION.—                                ing a grant pursuant to this section shall
                                             tion of feedstock, transportation of feed-                   (1) IN GENERAL.—In addition to amounts             provide      rebates   to   homeowners     and
                                             stock to fuel production facilities, conver-            otherwise available, there is appropriated to           aggregators for whole-house energy saving
                                             sion of feedstock to fuel, transportation and           the Secretary for fiscal year 2022, out of any          retrofits begun on or after the date of enact-
                                             distribution of fuel, and fuel combustion in            money in the Treasury not otherwise appro-              ment of this Act and completed by not later
                                             an aircraft engine, as well as from induced             priated, $4,300,000,000, to remain available            than September 30, 2031.
                                             land-use change values.                                 through September 30, 2031, to carry out a                (2) AMOUNT OF REBATE.—Subject to para-
                                                (5) LOW-EMISSION AVIATION TECHNOLOGIES.—             program to award grants to State energy of-             graph (3), under a HOMES rebate program,
                                             The term ‘‘low-emission aviation tech-                  fices to develop and implement a HOMES re-              the amount of a rebate shall not exceed—
                                             nologies’’ means technologies, produced in              bate program.                                             (A) for individuals and aggregators car-
                                             the United States, that significantly—                    (2) ALLOCATION OF FUNDS.—                             rying out energy efficiency upgrades of sin-
                                                (A) improve aircraft fuel efficiency;                  (A) IN GENERAL.—The Secretary shall re-               gle-family homes—
                                                (B) increase utilization of sustainable avia-        serve funds made available under paragraph                (i) in the case of a retrofit that achieves
                                             tion fuel; or                                           (1) for each State energy office—                       modeled energy system savings of not less
                                                (C) reduce greenhouse gas emissions pro-               (i) in accordance with the allocation for-            than 20 percent but less than 35 percent, the
                                             duced during operation of civil aircraft.               mula for the State Energy Program in effect             lesser of—
                                                (6) SECRETARY.—The term ‘‘Secretary’’                on January 1, 2022; and                                   (I) $2,000; and
                                             means the Secretary of Transportation.                    (ii) to be distributed to a State energy of-            (II) 50 percent of the project cost;
                                                (7) SUSTAINABLE AVIATION FUEL.—The term              fice if the application of the State energy of-           (ii) in the case of a retrofit that achieves
                                             ‘‘sustainable aviation fuel’’ means liquid              fice under subsection (b) is approved.                  modeled energy system savings of not less
                                             fuel, produced in the United States, that—                (B) ADDITIONAL FUNDS.—Not earlier than 2              than 35 percent, the lesser of—
                                                (A) consists of synthesized hydrocarbons;            years after the date of enactment of this                 (I) $4,000; and
                                                (B) meets the requirements of—                       Act, any money reserved under subparagraph                (II) 50 percent of the project cost; and
                                                (i) ASTM International Standard D7566; or            (A) but not distributed under clause (ii) of              (iii) for measured energy savings, in the
                                                (ii) the co-processing provisions of ASTM            that subparagraph shall be redistributed to             case of a home or portfolio of homes that




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                                             International Standard D1655, Annex A1 (or              the State energy offices operating a HOMES              achieves energy savings of not less than 15
                                             such successor standard);                               rebate program using a grant received under             percent—
                                                (C) is derived from biomass (in a similar            this section in proportion to the amount dis-             (I) a payment rate per kilowatt hour saved,
                                             manner as such term is defined in section               tributed to those State energy offices under            or kilowatt hour-equivalent saved, equal to
                                             45K(c)(3) of the Internal Revenue Code of               subparagraph (A)(ii).                                   $2,000 for a 20 percent reduction of energy use
                                             1986), waste streams, renewable energy                    (3) ADMINISTRATIVE EXPENSES.—Of the                   for the average home in the State; or
                                             sources, or gaseous carbon oxides;                      funds made available under paragraph (1),                 (II) 50 percent of the project cost;




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                                             S4286                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2022
                                               (B) for multifamily building owners and                  (d) DEFINITIONS.—In this section:                     (b) APPLICATION.—A State energy office or
                                             aggregators carrying out energy efficiency                 (1) DISADVANTAGED COMMUNITY.—The term               Indian Tribe seeking a grant under the pro-
                                             upgrades of multifamily buildings—                      ‘‘disadvantaged community’’ means a com-               gram shall submit to the Secretary an appli-
                                               (i) in the case of a retrofit that achieves           munity that the Secretary determines, based            cation that includes a plan to implement a
                                             modeled energy system savings of not less               on appropriate data, indices, and screening            high-efficiency electric home rebate pro-
                                             than 20 percent but less than 35 percent,               tools, is economically, socially, or environ-          gram, including—
                                             $2,000 per dwelling unit, with a maximum of             mentally disadvantaged.                                  (1) a plan to verify the income eligibility of
                                             $200,000 per multifamily building;                         (2) HOMES REBATE PROGRAM.—The term                  eligible entities seeking a rebate for a quali-
                                               (ii) in the case of a retrofit that achieves          ‘‘HOMES rebate program’’ means a Home                  fied electrification project;
                                             modeled energy system savings of not less               Owner Managing Energy Savings rebate pro-                (2) a plan to allow rebates for qualified
                                             than 35 percent, $4,000 per dwelling unit, with         gram established by a State energy office as           electrification projects at the point of sale in
                                             a maximum of $400,000 per multifamily build-            part of an approved State energy conserva-             a manner that ensures that the income eligi-
                                             ing; or                                                 tion plan under the State Energy Program.              bility of an eligible entity seeking a rebate
                                               (iii) for measured energy savings, in the                (3) LOW- OR MODERATE-INCOME HOUSEHOLD.—             may be verified at the point of sale;
                                             case of a multifamily building or portfolio of          The term ‘‘low- or moderate-income house-                (3) a plan to ensure that an eligible entity
                                             multifamily buildings that achieves energy              hold’’ means an individual or family the               does not receive a rebate for the same quali-
                                             savings of not less than 15 percent—                    total annual income of which is less than 80           fied electrification project through both a
                                               (I) a payment rate per kilowatt hour saved,           percent of the median income of the area in            high-efficiency electric home rebate program
                                             or kilowatt hour-equivalent saved, equal to             which the individual or family resides, as re-         and any other Federal grant or rebate pro-
                                             $2,000 for a 20 percent reduction of energy use         ported by the Department of Housing and                gram, pursuant to subsection (c)(8); and
                                             per dwelling unit for the average multi-                Urban Development, including an individual               (4) any additional information that the
                                             family building in the State; or                        or family that has demonstrated eligibility            Secretary may require.
                                               (II) 50 percent of the project cost; and              for another Federal program with income re-              (c) HIGH-EFFICIENCY ELECTRIC HOME RE-
                                               (C) for individuals and aggregators car-                                                                     BATE PROGRAM.—
                                                                                                     strictions equal to or below 80 percent of
                                             rying out energy efficiency upgrades of a sin-                                                                   (1) IN GENERAL.—Under the program, the
                                                                                                     area median income.
                                             gle-family home occupied by a low- or mod-                                                                     Secretary shall award grants to State energy
                                                                                                     SEC. 50122. HIGH-EFFICIENCY ELECTRIC HOME              offices and Indian Tribes to establish a high-
                                             erate-income household or a multifamily                             REBATE PROGRAM.
                                             building not less than 50 percent of the                                                                       efficiency electric home rebate program
                                             dwelling units of which are occupied by low-              (a) APPROPRIATIONS.—                                 under which rebates shall be provided to eli-
                                             or moderate-income households—                            (1) FUNDS TO STATE ENERGY OFFICES AND IN-            gible entities for qualified electrification
                                                                                                     DIAN TRIBES.—In addition to amounts other-             projects.
                                               (i) in the case of a retrofit that achieves
                                             modeled energy system savings of not less               wise available, there is appropriated to the             (2) GUIDELINES.—The Secretary shall pre-
                                             than 20 percent but less than 35 percent, the           Secretary for fiscal year 2022, out of any             scribe guidelines for high-efficiency electric
                                             lesser of—                                              money in the Treasury not otherwise appro-             home rebate programs, including guidelines
                                               (I) $4,000 per single-family home or dwell-           priated, to carry out a program—                       for providing point of sale rebates in a man-
                                             ing unit; and                                             (A) to award grants to State energy offices          ner consistent with the income eligibility re-
                                               (II) 80 percent of the project cost;                  to develop and implement a high-efficiency             quirements under this section.
                                               (ii) in the case of a retrofit that achieves          electric home rebate program in accordance               (3) AMOUNT OF REBATE.—
                                             modeled energy system savings of not less               with subsection (c), $4,275,000,000, to remain           (A) APPLIANCE UPGRADES.—The amount of
                                             than 35 percent, the lesser of—                         available through September 30, 2031; and              a rebate provided under a high-efficiency
                                               (I) $8,000 per single-family home or dwell-             (B) to award grants to Indian Tribes to de-          electric home rebate program for the pur-
                                             ing unit; and                                           velop and implement a high-efficiency elec-            chase of an appliance under a qualified elec-
                                               (II) 80 percent of the project cost; and              tric home rebate program in accordance with            trification project shall be—
                                               (iii) for measured energy savings, in the             subsection (c), $225,000,000, to remain avail-           (i) not more than $1,750 for a heat pump
                                             case of a single-family home, multifamily               able through September 30, 2031.                       water heater;
                                             building, or portfolio of single-family homes             (2) ALLOCATION OF FUNDS.—                              (ii) not more than $8,000 for a heat pump
                                             or multifamily buildings that achieves en-                (A) STATE ENERGY OFFICES.—The Secretary              for space heating or cooling; and
                                             ergy savings of not less than 15 percent—               shall reserve funds made available under                 (iii) not more than $840 for—
                                               (I) a payment rate per kilowatt hour saved,           paragraph (1)(A) for each State energy of-               (I) an electric stove, cooktop, range, or
                                             or kilowatt hour-equivalent saved, equal to             fice—                                                  oven; or
                                             $4,000 for a 20 percent reduction of energy use           (i) in accordance with the allocation for-             (II) an electric heat pump clothes dryer.
                                             per single-family home or dwelling unit, as             mula for the State Energy Program in effect              (B) NONAPPLIANCE UPGRADES.—The amount
                                             applicable, for the average single-family               on January 1, 2022; and                                of a rebate provided under a high-efficiency
                                             home or multifamily building in the State;                (ii) to be distributed to a State energy of-         electric home rebate program for the pur-
                                             or                                                      fice if the application of the State energy of-        chase of a nonappliance upgrade under a
                                               (II) 80 percent of the project cost.                  fice under subsection (b) is approved.                 qualified electrification project shall be—
                                               (3) REBATES TO LOW- OR MODERATE-INCOME                  (B) INDIAN TRIBES.—The Secretary shall re-             (i) not more than $4,000 for an electric load
                                             HOUSEHOLDS.—On approval from the Sec-                   serve funds made available under paragraph             service center upgrade;
                                             retary, notwithstanding paragraph (2), a                (1)(B)—                                                  (ii) not more than $1,600 for insulation, air
                                             State energy office carrying out a HOMES                  (i) in a manner determined appropriate by            sealing, and ventilation; and
                                             rebate program using a grant awarded pursu-             the Secretary; and                                       (iii) not more than $2,500 for electric wir-
                                             ant to this section may increase rebate                   (ii) to be distributed to an Indian Tribe if         ing.
                                             amounts for low- or moderate-income house-              the application of the Indian Tribe under                (C) MAXIMUM REBATE.—An eligible entity
                                             holds.                                                  subsection (b) is approved.                            receiving multiple rebates under this section
                                               (4) USE OF FUNDS.—A State energy office                 (C) ADDITIONAL FUNDS.—Not earlier than 2             may receive not more than a total of $14,000
                                             that receives a grant pursuant to this sec-             years after the date of enactment of this              in rebates.
                                             tion may use not more than 20 percent of the            Act, any money reserved under—                           (4) LIMITATIONS.—A rebate provided using
                                             grant amount for planning, administration,                (i) subparagraph (A) but not distributed             funding under this section shall not exceed—
                                             or technical assistance related to a HOMES              under clause (ii) of that subparagraph shall             (A) in the case of an eligible entity de-
                                             rebate program.                                         be redistributed to the State energy offices           scribed in subsection (d)(1)(A)—
                                               (5) DATA ACCESS GUIDELINES.—The Sec-                  operating a high-efficiency electric home re-            (i) 50 percent of the cost of the qualified
                                             retary shall develop and publish guidelines             bate program in proportion to the amount               electrification project for a household the
                                             for States relating to residential electric and         distributed to those State energy offices              annual income of which is not less than 80
                                             natural gas energy data sharing.                        under that clause; and                                 percent and not greater than 150 percent of
                                               (6) EXEMPTION.—Activities carried out by a              (ii) subparagraph (B) but not distributed            the area median income; and
                                             State energy office using a grant awarded               under clause (ii) of that subparagraph shall             (ii) 100 percent of the cost of the qualified
                                             pursuant to this section shall not be subject           be redistributed to the Indian Tribes oper-            electrification project for a household the
                                             to the expenditure prohibitions and limita-             ating a high-efficiency electric home rebate           annual income of which is less than 80 per-
                                             tions described in section 420.18 of title 10,          program in proportion to the amount distrib-           cent of the area median income;
                                             Code of Federal Regulations.                            uted to those Indian Tribes under that                   (B) in the case of an eligible entity de-
                                               (7) PROHIBITION ON COMBINING REBATES.—A               clause.                                                scribed in subsection (d)(1)(B)—




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                                             rebate provided by a State energy office                  (3) ADMINISTRATIVE EXPENSES.—Of the                    (i) 50 percent of the cost of the qualified
                                             under a HOMES rebate program may not be                 funds made available under paragraph (1),              electrification project for a multifamily
                                             combined with any other Federal grant or                the Secretary shall use not more than 3 per-           building not less than 50 percent of the resi-
                                             rebate, including a rebate provided under a             cent for—                                              dents of which are households the annual in-
                                             high-efficiency electric home rebate program              (A) administrative purposes; and                     come of which is not less than 80 percent and
                                             (as defined in section 50122(d)), for the same            (B) providing technical assistance relating          not greater than 150 percent of the area me-
                                             single upgrade.                                         to activities carried out under this section.          dian income; and




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                     S4287
                                               (ii) 100 percent of the cost of the qualified         or Indian Tribe pursuant to subsection (c)             State program developed and implemented
                                             electrification project for a multifamily               using a grant received under the program.              pursuant to subsection (a); and
                                             building not less than 50 percent of the resi-            (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’            (3) to partner with nonprofit organizations
                                             dents of which are households the annual in-            has the meaning given the term in section 4            to develop and implement a State program
                                             come of which is less than 80 percent of the            of the Indian Self-Determination and Edu-              pursuant to subsection (a).
                                             area median income; or                                  cation Assistance Act (25 U.S.C. 5304).                  (c) ADMINISTRATIVE EXPENSES.—Of the
                                               (C) in the case of an eligible entity de-               (4) LOW- OR MODERATE-INCOME HOUSEHOLD.—              amounts received by a State under sub-
                                             scribed in subsection (d)(1)(C)—                        The term ‘‘low- or moderate-income house-              section (a), a State shall use not more than
                                               (i) 50 percent of the cost of the qualified           hold’’ means an individual or family the               10 percent for administrative expenses asso-
                                             electrification project for a household—                total annual income of which is less than 150          ciated with developing and implementing a
                                               (I) on behalf of which the eligible entity is         percent of the median income of the area in            State program pursuant to that subsection.
                                             working; and                                            which the individual or family resides, as re-            PART 3—BUILDING EFFICIENCY AND
                                               (II) the annual income of which is not less           ported by the Department of Housing and                                 RESILIENCE
                                             than 80 percent and not greater than 150 per-           Urban Development, including an individual             SEC. 50131. ASSISTANCE FOR LATEST AND ZERO
                                             cent of the area median income; and                     or family that has demonstrated eligibility                        BUILDING ENERGY CODE ADOPTION.
                                               (ii) 100 percent of the cost of the qualified         for another Federal program with income re-              (a)   APPROPRIATION.—In     addition  to
                                             electrification project for a household—                strictions equal to or below 150 percent of            amounts otherwise available, there is appro-
                                               (I) on behalf of which the eligible entity is         area median income.
                                             working; and                                                                                                   priated to the Secretary for fiscal year 2022,
                                                                                                       (5) PROGRAM.—The term ‘‘program’’ means              out of any money in the Treasury not other-
                                               (II) the annual income of which is less than          the program carried out by the Secretary
                                             80 percent of the area median income.                                                                          wise appropriated—
                                                                                                     under subsection (a)(1).                                 (1) $330,000,000, to remain available through
                                               (5) AMOUNT FOR INSTALLATION OF UP-                      (6) QUALIFIED ELECTRIFICATION PROJECT.—
                                             GRADES.—
                                                                                                                                                            September 30, 2029, to carry out activities
                                                                                                       (A) IN GENERAL.—The term ‘‘qualified elec-           under part D of title III of the Energy Policy
                                               (A) IN GENERAL.—In the case of an eligible            trification project’’ means a project that—
                                             entity described in subsection (d)(1)(C) that                                                                  and Conservation Act (42 U.S.C. 6321 through
                                                                                                       (i) includes the purchase and installation           6326) in accordance with subsection (b); and
                                             receives a rebate under the program and per-            of—
                                             forms the installation of the applicable                                                                         (2) $670,000,000, to remain available through
                                                                                                       (I) an electric heat pump water heater;              September 30, 2029, to carry out activities
                                             qualified electrification project, a State en-            (II) an electric heat pump for space heating
                                             ergy office or Indian Tribe shall provide to                                                                   under part D of title III of the Energy Policy
                                                                                                     and cooling;                                           and Conservation Act (42 U.S.C. 6321 through
                                             that eligible entity, in addition to the re-              (III) an electric stove, cooktop, range, or
                                             bate, an amount that—                                                                                          6326) in accordance with subsection (c).
                                                                                                     oven;                                                    (b) LATEST BUILDING ENERGY CODE.—The
                                               (i) does not exceed $500; and                           (IV) an electric heat pump clothes dryer;
                                               (ii) is commensurate with the scale of the                                                                   Secretary shall use funds made available
                                                                                                       (V) an electric load service center;                 under subsection (a)(1) for grants to assist
                                             upgrades installed as part of the qualified               (VI) insulation;
                                             electrification project, as determined by the                                                                  States, and units of local government that
                                                                                                       (VII) air sealing and materials to improve           have authority to adopt building codes—
                                             Secretary.
                                                                                                     ventilation; or                                          (1) to adopt—
                                               (B) TREATMENT.—An amount received
                                                                                                       (VIII) electric wiring;                                (A) a building energy code (or codes) for
                                             under subparagraph (A) by an eligible entity
                                                                                                       (ii) with respect to any appliance described         residential buildings that meets or exceeds
                                             described in that subparagraph shall not be
                                                                                                     in clause (i), the purchase of which is carried        the 2021 International Energy Conservation
                                             subject to the requirement under paragraph
                                                                                                     out—                                                   Code, or achieves equivalent or greater en-
                                             (6).
                                                                                                       (I) as part of new construction;                     ergy savings;
                                               (6) REQUIREMENT.—An eligible entity de-
                                                                                                       (II) to replace a nonelectric appliance; or            (B) a building energy code (or codes) for
                                             scribed in subparagraph (C) of subsection
                                                                                                       (III) as a first-time purchase with respect          commercial buildings that meets or exceeds
                                             (d)(1) shall discount the amount of a rebate
                                                                                                     to that appliance; and                                 the ANSI/ASHRAE/IES Standard 90.1–2019, or
                                             received for a qualified electrification
                                             project from any amount charged by that el-               (iii) is carried out at, or relating to, a sin-      achieves equivalent or greater energy sav-
                                             igible entity to the eligible entity described          gle-family home or multifamily building, as            ings; or
                                             in subparagraph (A) or (B) of that subsection           applicable and defined by the Secretary.                 (C) any combination of building energy
                                             on behalf of which the qualified electrifica-             (B) EXCLUSIONS.—The term ‘‘qualified elec-           codes described in subparagraph (A) or (B);
                                             tion project is carried out.                            trification project’’ does not include any             and
                                               (7) EXEMPTION.—Activities carried out by a            project with respect to which the appliance,             (2) to implement a plan for the jurisdiction
                                             State energy office using a grant provided              system, equipment, infrastructure, compo-              to achieve full compliance with any building
                                             under the program shall not be subject to               nent, or other item described in subclauses            energy code adopted under paragraph (1) in
                                             the expenditure prohibitions and limitations            (I) through (VIII) of subparagraph (A)(i) is           new and renovated residential or commercial
                                             described in section 420.18 of title 10, Code of        not certified under the Energy Star program            buildings, as applicable, which plan shall in-
                                             Federal Regulations.                                    established by section 324A of the Energy              clude active training and enforcement pro-
                                               (8) PROHIBITION ON COMBINING REBATES.—A               Policy and Conservation Act (42 U.S.C.                 grams and measurement of the rate of com-
                                             rebate provided by a State energy office or             6294a), if applicable.                                 pliance each year.
                                             Indian Tribe under a high-efficiency electric           SEC. 50123. STATE-BASED HOME ENERGY EFFI-                (c) ZERO ENERGY CODE.—The Secretary
                                             home rebate program may not be combined                             CIENCY   CONTRACTOR TRAINING               shall use funds made available under sub-
                                                                                                                 GRANTS.                                    section (a)(2) for grants to assist States, and
                                             with any other Federal grant or rebate, in-
                                             cluding a rebate provided under a HOMES re-               (a)    APPROPRIATION.—In      addition   to          units of local government that have author-
                                             bate program (as defined in section 50121(d)),          amounts otherwise available, there is appro-           ity to adopt building codes—
                                             for the same qualified electrification project.         priated to the Secretary for fiscal year 2022,           (1) to adopt a building energy code (or
                                               (9) ADMINISTRATIVE COSTS.—A State energy              out of any money in the Treasury not other-            codes) for residential and commercial build-
                                             office or Indian Tribe that receives a grant            wise appropriated, $200,000,000, to remain             ings that meets or exceeds the zero energy
                                             under the program shall use not more than               available through September 30, 2031, to               provisions in the 2021 International Energy
                                             20 percent of the grant amount for planning,            carry out a program to provide financial as-           Conservation Code or an equivalent stretch
                                             administration, or technical assistance re-             sistance to States to develop and implement            code; and
                                             lating to a high-efficiency electric home re-           a State program described in section                     (2) to implement a plan for the jurisdiction
                                             bate program.                                           362(d)(13) of the Energy Policy and Conserva-          to achieve full compliance with any building
                                               (d) DEFINITIONS.—In this section:                     tion Act (42 U.S.C. 6322(d)(13)), which shall          energy code adopted under paragraph (1) in
                                               (1) ELIGIBLE ENTITY.—The term ‘‘eligible              provide training and education to contrac-             new and renovated residential and commer-
                                             entity’’ means—                                         tors involved in the installation of home en-          cial buildings, which plan shall include ac-
                                               (A) a low- or moderate-income household;              ergy efficiency and electrification improve-           tive training and enforcement programs and
                                               (B) an individual or entity that owns a               ments, including improvements eligible for             measurement of the rate of compliance each
                                             multifamily building not less than 50 percent           rebates under a HOMES rebate program (as               year.
                                             of the residents of which are low- or mod-              defined in section 50121(d)) or a high-effi-             (d) STATE MATCH.—The State cost share re-
                                             erate-income households; and                            ciency electric home rebate program (as de-            quirement under the item relating to ‘‘De-
                                               (C) a governmental, commercial, or non-               fined in section 50122(d)), as part of an ap-          partment of Energy—Energy Conservation’’
                                             profit entity, as determined by the Sec-                proved State energy conservation plan under            in title II of the Department of the Interior




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                                             retary, carrying out a qualified electrifica-           the State Energy Program.                              and Related Agencies Appropriations Act,
                                             tion project on behalf of an entity described             (b) USE OF FUNDS.—A State may use                    1985 (42 U.S.C. 6323a; 98 Stat. 1861), shall not
                                             in subparagraph (A) or (B).                             amounts received under subsection (a)—                 apply to assistance provided under this sec-
                                               (2) HIGH-EFFICIENCY ELECTRIC HOME REBATE                (1) to reduce the cost of training con-              tion.
                                             PROGRAM.—The term ‘‘high-efficiency elec-               tractor employees;                                       (e)    ADMINISTRATIVE       COSTS.—Of      the
                                             tric home rebate program’’ means a rebate                 (2) to provide testing and certification of          amounts made available under this section,
                                             program carried out by a State energy office            contractors trained and educated under a               the Secretary shall reserve not more than 5




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                                             S4288                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2022
                                             percent for administrative costs necessary to             (f) SOURCE OF PAYMENTS.—Section 1702(b)                (c) ENERGY INFRASTRUCTURE REINVESTMENT
                                             carry out this section.                                 of the Energy Policy Act of 2005 (42 U.S.C.            FINANCING.—Title XVII of the Energy Policy
                                                   PART 4—DOE LOAN AND GRANT                         16512(b)(2)) is amended by adding at the end           Act of 2005 is amended by inserting after sec-
                                                              PROGRAMS                               the following:                                         tion 1705 (42 U.S.C. 16516) the following:
                                             SEC. 50141. FUNDING FOR DEPARTMENT OF EN-                 ‘‘(3) SOURCE OF PAYMENTS.—The source of a            ‘‘SEC.   1706.
                                                                                                                                                                         ENERGY INFRASTRUCTURE REIN-
                                                         ERGY LOAN PROGRAMS OFFICE.                  payment received from a borrower under                             VESTMENT FINANCING.
                                               (a) COMMITMENT AUTHORITY.—In addition                 subparagraph (A) or (B) of paragraph (2) may             ‘‘(a) IN GENERAL.—Notwithstanding section
                                             to commitment authority otherwise avail-                not be a loan or other debt obligation that is         1703, the Secretary may make guarantees,
                                             able and previously provided, the Secretary             made or guaranteed by the Federal Govern-              including refinancing, under this section
                                             may make commitments to guarantee loans                 ment.’’.                                               only for projects that—
                                             for eligible projects under section 1703 of the         SEC. 50142. ADVANCED TECHNOLOGY VEHICLE                   ‘‘(1) retool, repower, repurpose, or replace
                                             Energy Policy Act of 2005 (42 U.S.C. 16513), up                     MANUFACTURING.                             energy infrastructure that has ceased oper-
                                             to a total principal amount of $40,000,000,000,           (a)   APPROPRIATION.—In  addition  to                ations; or
                                             to remain available through September 30,               amounts otherwise available, there is appro-              ‘‘(2) enable operating energy infrastructure
                                             2026.                                                   priated to the Secretary for fiscal year 2022,         to avoid, reduce, utilize, or sequester air pol-
                                               (b)     APPROPRIATION.—In       addition   to         out of any money in the Treasury not other-            lutants or anthropogenic emissions of green-
                                             amounts otherwise available and previously              wise appropriated, $3,000,000,000, to remain           house gases.
                                             provided, there is appropriated to the Sec-             available through September 30, 2028, for the             ‘‘(b) INCLUSION.—A project under sub-
                                             retary for fiscal year 2022, out of any money           costs of providing direct loans under section          section (a) may include the remediation of
                                             in the Treasury not otherwise appropriated,             136(d) of the Energy Independence and Secu-            environmental damage associated with en-
                                             $3,600,000,000, to remain available through             rity Act of 2007 (42 U.S.C. 17013(d)): Provided,       ergy infrastructure.
                                             September 30, 2026, for the costs of guaran-            That funds appropriated by this section may               ‘‘(c) REQUIREMENT.—A project under sub-
                                             tees made under section 1703 of the Energy              be used for the costs of providing direct              section (a)(1) that involves electricity gen-
                                             Policy Act of 2005 (42 U.S.C. 16513), using the                                                                eration through the use of fossil fuels shall
                                                                                                     loans for reequipping, expanding, or estab-
                                             loan guarantee authority provided under                                                                        be required to have controls or technologies
                                                                                                     lishing a manufacturing facility in the
                                             subsection (a) of this section.                                                                                to avoid, reduce, utilize, or sequester air pol-
                                                                                                     United States to produce, or for engineering
                                               (c) ADMINISTRATIVE EXPENSES.—Of the                                                                          lutants and anthropogenic emissions of
                                                                                                     integration performed in the United States
                                             amount made available under subsection (b),                                                                    greenhouse gases.
                                                                                                     of, advanced technology vehicles described in             ‘‘(d) APPLICATION.—To apply for a guar-
                                             the Secretary shall reserve not more than 3             subparagraph (C), (D), (E), or (F) of section
                                             percent for administrative expenses to carry                                                                   antee under this section, an applicant shall
                                                                                                     136(a)(1) of such Act (42 U.S.C. 17013(a)(1))          submit to the Secretary an application at
                                             out title XVII of the Energy Policy Act of              only if such advanced technology vehicles
                                             2005 and for carrying out section 1702(h)(3) of                                                                such time, in such manner, and containing
                                                                                                     emit, under any possible operational mode or           such information as the Secretary may re-
                                             such Act (42 U.S.C. 16512(h)(3)).                       condition, low or zero exhaust emissions of
                                               (d) LIMITATIONS.—                                                                                            quire, including—
                                                                                                     greenhouse gases.                                         ‘‘(1) a detailed plan describing the proposed
                                               (1) CERTIFICATION.—None of the amounts                  (b) ADMINISTRATIVE COSTS.—The Secretary
                                             made available under this section for loan                                                                     project;
                                                                                                     shall reserve not more than $25,000,000 of                ‘‘(2) an analysis of how the proposed
                                             guarantees shall be available for any project           amounts made available under subsection (a)
                                             unless the President has certified in advance                                                                  project will engage with and affect associ-
                                                                                                     for administrative costs of providing loans as         ated communities; and
                                             in writing that the loan guarantee and the              described in subsection (a).
                                             project comply with the provisions under                                                                          ‘‘(3) in the case of an applicant that is an
                                                                                                       (c) ELIMINATION OF LOAN PROGRAM CAP.—                electric utility, an assurance that the elec-
                                             this section.                                           Section 136(d)(1) of the Energy Independence
                                               (2) DENIAL OF DOUBLE BENEFIT.—Except as                                                                      tric utility shall pass on any financial ben-
                                                                                                     and Security Act of 2007 (42 U.S.C. 17013(d)(1))       efit from the guarantee made under this sec-
                                             provided in paragraph (3), none of the                  is amended by striking ‘‘a total of not more
                                             amounts made available under this section                                                                      tion to the customers of, or associated com-
                                                                                                     than $25,000,000,000 in’’.                             munities served by, the electric utility.
                                             for loan guarantees shall be available for              SEC. 50143. DOMESTIC MANUFACTURING CON-
                                             commitments to guarantee loans for any                                                                            ‘‘(e)    TERM.—Notwithstanding        section
                                                                                                                 VERSION GRANTS.
                                                                                                                                                            1702(f), the term of an obligation shall re-
                                             projects under which funds, personnel, or                 (a)   APPROPRIATION.—In   addition to                quire full repayment over a period not to ex-
                                             property (tangible or intangible) of any Fed-           amounts otherwise available, there is appro-           ceed 30 years.
                                             eral agency, instrumentality, personnel, or             priated to the Secretary for fiscal year 2022,            ‘‘(f) DEFINITION OF ENERGY INFRASTRUC-
                                             affiliated entity are expected to be used (di-          out of any money in the Treasury not other-            TURE.—In this section, the term ‘energy in-
                                             rectly or indirectly) through acquisitions,             wise appropriated, $2,000,000,000, to remain           frastructure’ means a facility, and associ-
                                             contracts,      demonstrations,      exchanges,         available through September 30, 2031, to pro-          ated equipment, used for—
                                             grants, incentives, leases, procurements,               vide grants for domestic production of effi-              ‘‘(1) the generation or transmission of elec-
                                             sales, other transaction authority, or other            cient hybrid, plug-in electric hybrid, plug-in         tric energy; or
                                             arrangements to support the project or to               electric drive, and hydrogen fuel cell electric           ‘‘(2) the production, processing, and deliv-
                                             obtain goods or services from the project.              vehicles, in accordance with section 712 of            ery of fossil fuels, fuels derived from petro-
                                               (3) EXCEPTION.—Paragraph (2) shall not                the Energy Policy Act of 2005 (42 U.S.C.               leum, or petrochemical feedstocks.’’.
                                             preclude the use of the loan guarantee au-              16062).                                                   (d)     CONFORMING     AMENDMENT.—Section
                                             thority provided under this section for com-              (b) COST SHARE.—The Secretary shall re-              1702(o)(3) of the Energy Policy Act of 2005 (42
                                             mitments to guarantee loans for—                        quire a recipient of a grant provided under            U.S.C. 16512(o)(3)) is amended by inserting
                                               (A) projects benefitting from otherwise al-           subsection (a) to provide not less than 50 per-        ‘‘and projects described in section 1706(a)’’
                                             lowable Federal tax benefits;                           cent of the cost of the project carried out            before the period at the end.
                                               (B) projects benefitting from being located           using the grant.                                       SEC. 50145. TRIBAL ENERGY LOAN GUARANTEE
                                             on Federal land pursuant to a lease or right-             (c) ADMINISTRATIVE COSTS.—The Secretary                          PROGRAM.
                                             of-way agreement for which all consider-                shall reserve not more than 3 percent of                 (a)   APPROPRIATION.—In    addition to
                                             ation for all uses is—                                  amounts made available under subsection (a)            amounts otherwise available, there is appro-
                                               (i) paid exclusively in cash;                         for administrative costs of making grants              priated to the Secretary for fiscal year 2022,
                                               (ii) deposited in the Treasury as offsetting          described in such subsection (a) pursuant to           out of any money in the Treasury not other-
                                             receipts; and                                           section 712 of the Energy Policy Act of 2005           wise appropriated, $75,000,000, to remain
                                               (iii) equal to the fair market value;                 (42 U.S.C. 16062).                                     available through September 30, 2028, to
                                               (C) projects benefitting from the Federal             SEC. 50144. ENERGY INFRASTRUCTURE REIN-                carry out section 2602(c) of the Energy Pol-
                                             insurance program under section 170 of the                         VESTMENT FINANCING.                         icy Act of 1992 (25 U.S.C. 3502(c)), subject to
                                             Atomic Energy Act of 1954 (42 U.S.C. 2210); or            (a)   APPROPRIATION.—In   addition to                the limitations that apply to loan guaran-
                                               (D) electric generation projects using                amounts otherwise available, there is appro-           tees under section 50141(d).
                                             transmission facilities owned or operated by            priated to the Secretary for fiscal year 2022,            (b) DEPARTMENT OF ENERGY TRIBAL ENERGY
                                             a Federal Power Marketing Administration                out of any money in the Treasury not other-            LOAN GUARANTEE PROGRAM.—Section 2602(c)
                                             or the Tennessee Valley Authority that have             wise appropriated, $5,000,000,000, to remain           of the Energy Policy Act of 1992 (25 U.S.C.
                                             been authorized, approved, and financed                 available through September 30, 2026, to               3502(c)) is amended—
                                             independent of the project receiving the                carry out activities under section 1706 of the            (1) in paragraph (1), by striking ‘‘) for an
                                             guarantee.                                              Energy Policy Act of 2005.                             amount equal to not more than 90 percent
                                               (e) GUARANTEE.—Section 1701(4)(A) of the                (b) COMMITMENT AUTHORITY.—The Sec-                   of’’ and inserting ‘‘, except that a loan guar-




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                                             Energy Policy Act of 2005 (42 U.S.C.                    retary may make, through September 30,                 antee may guarantee any debt obligation of
                                             16511(4)(A)) is amended by inserting ‘‘, except         2026, commitments to guarantee loans for               a non-Federal borrower to any Eligible Lend-
                                             that a loan guarantee may guarantee any                 projects under section 1706 of the Energy              er (as defined in section 609.2 of title 10, Code
                                             debt obligation of a non-Federal borrower to            Policy Act of 2005 the total principal amount          of Federal Regulations)) for’’; and
                                             any Eligible Lender (as defined in section              of which is not greater than $250,000,000,000,            (2)   in    paragraph    (4),  by     striking
                                             609.2 of title 10, Code of Federal Regula-              subject to the limitations that apply to loan          ‘‘$2,000,000,000’’        and           inserting
                                             tions)’’ before the period at the end.                  guarantees under section 50141(d).                     ‘‘$20,000,000,000’’.




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                      S4289
                                                 PART 5—ELECTRIC TRANSMISSION                          (E) Other measures and actions that may                 (b) USE OF FUNDS.—The Secretary shall use
                                             SEC. 50151. TRANSMISSION FACILITY FINANCING.            improve the chances of, and shorten the time            amounts made available under subsection
                                               (a)    APPROPRIATION.—In     addition   to            required for, approval by the siting author-            (a)—
                                             amounts otherwise available, there is appro-            ity of the application relating to the siting             (1) to pay expenses associated with con-
                                             priated to the Secretary for fiscal year 2022,          or permitting of the covered transmission               vening relevant stakeholders to address the
                                             out of any money in the Treasury not other-             project, as the Secretary determines appro-             development of interregional electricity
                                             wise appropriated, $2,000,000,000, to remain            priate.                                                 transmission and transmission of electricity
                                             available through September 30, 2030, to                  (2) ECONOMIC DEVELOPMENT.—The Sec-                    that is generated by offshore wind; and
                                             carry out this section: Provided, That the              retary may make a grant under this section                (2) to conduct planning, modeling, and
                                             Secretary shall not enter into any loan                 to a siting authority, or other State, local,           analysis regarding interregional electricity
                                             agreement pursuant to this section that                 or Tribal governmental entity, for economic             transmission and transmission of electricity
                                             could result in disbursements after Sep-                development activities for communities that             that is generated by offshore wind, taking
                                             tember 30, 2031.                                        may be affected by the construction and op-             into account the local, regional, and na-
                                               (b) USE OF FUNDS.—The Secretary shall use             eration of a covered transmission project,              tional economic, reliability, resilience, secu-
                                             the amounts made available by subsection                provided that the Secretary shall not enter             rity, public policy, and environmental bene-
                                             (a) to carry out a program to pay the costs             into any grant agreement pursuant to this               fits of interregional electricity transmission
                                             of direct loans to non-Federal borrowers,               section that could result in any outlays after          and transmission of electricity that is gen-
                                             subject to the limitations that apply to loan           September 30, 2031.                                     erated by offshore wind, including planning,
                                             guarantees under section 50141(d) and under               (c) CONDITIONS.—                                      modeling, and analysis, as the Secretary de-
                                             such terms and conditions as the Secretary                (1) FINAL DECISION ON APPLICATION.—In                 termines appropriate, pertaining to—
                                             determines to be appropriate, for the con-              order to receive a grant for an activity de-              (A) clean energy integration into the elec-
                                             struction or modification of electric trans-            scribed in subsection (b)(1), the Secretary             tric grid, including the identification of re-
                                             mission facilities designated by the Sec-               shall require a siting authority to agree, in           newable energy zones;
                                             retary to be necessary in the national inter-           writing, to reach a final decision on the ap-             (B) the effects of changes in weather due to
                                             est under section 216(a) of the Federal Power           plication relating to the siting or permitting          climate change on the reliability and resil-
                                             Act (16 U.S.C. 824p(a)).                                of the applicable covered transmission                  ience of the electric grid;
                                               (c) LOANS.—A direct loan provided under               project not later than 2 years after the date             (C) cost allocation methodologies that fa-
                                             this section—                                           on which such grant is provided, unless the             cilitate the expansion of the bulk power sys-
                                               (1) shall have a term that does not exceed            Secretary authorizes an extension for good              tem;
                                             the lesser of—                                          cause.                                                    (D) the benefits of coordination between
                                               (A) 90 percent of the projected useful life,            (2) FEDERAL SHARE.—The Federal share of               generator interconnection processes and
                                             in years, of the eligible transmission facil-           the cost of an activity described in subpara-           transmission planning processes;
                                             ity; and                                                graph (C) or (D) of subsection (b)(1) shall not           (E) the effect of increased electrification
                                               (B) 30 years;                                         exceed 50 percent.                                      on the electric grid;
                                               (2) shall not exceed 80 percent of the                  (3) ECONOMIC DEVELOPMENT.—The Sec-                      (F) power flow modeling;
                                             project costs; and                                      retary may only disburse grant funds for                  (G) the benefits of increased interconnec-
                                               (3) shall, on first issuance, be subject to           economic development activities under sub-              tions or interties between or among the
                                             the condition that the direct loan is not sub-          section (b)(2)—                                         Western Interconnection, the Eastern Inter-
                                             ordinate to other financing.                              (A) to a siting authority upon approval by            connection, the Electric Reliability Council
                                               (d) INTEREST RATES.—A direct loan pro-                the siting authority of the applicable cov-             of Texas, and other interconnections, as ap-
                                             vided under this section shall bear interest            ered transmission project; and                          plicable;
                                             at a rate determined by the Secretary, tak-               (B) to any other State, local, or Tribal gov-           (H) the cooptimization of transmission and
                                             ing into consideration market yields on out-            ernmental entity upon commencement of                   generation, including variable energy re-
                                             standing marketable obligations of the                  construction of the applicable covered trans-           sources, energy storage, and demand-side
                                             United States of comparable maturities as of            mission project in the area under the juris-            management;
                                             the date on which the direct loan is made.              diction of the entity.                                    (I) the opportunities for use of nontrans-
                                               (e) DEFINITION OF DIRECT LOAN.—In this
                                                                                                       (d) RETURNING FUNDS.—If a siting author-              mission alternatives, energy storage, and
                                             section, the term ‘‘direct loan’’ has the
                                                                                                     ity that receives a grant for an activity de-           grid-enhancing technologies;
                                             meaning given the term in section 502 of the
                                                                                                     scribed in subsection (b)(1) fails to use all             (J) economic development opportunities
                                             Federal Credit Reform Act of 1990 (2 U.S.C.
                                                                                                     grant funds within 2 years of receipt, the              for communities arising from development of
                                             661a).
                                                                                                     siting authority shall return to the Sec-               interregional electricity transmission and
                                             SEC. 50152. GRANTS TO FACILITATE THE SITING
                                                                                                     retary any such unused funds.                           transmission of electricity that is generated
                                                         OF   INTERSTATE     ELECTRICITY
                                                         TRANSMISSION LINES.                           (e) DEFINITIONS.—In this section:                     by offshore wind;
                                               (a)    APPROPRIATION.—In    addition   to               (1) COVERED TRANSMISSION PROJECT.—The                   (K) evaluation of existing rights-of-way
                                             amounts otherwise available, there is appro-            term ‘‘covered transmission project’’ means             and the need for additional transmission cor-
                                             priated to the Secretary for fiscal year 2022,          a high-voltage interstate or offshore elec-             ridors; and
                                             out of any money in the Treasury not other-             tricity transmission line—                                (L) a planned national transmission grid,
                                             wise appropriated, $760,000,000, to remain                (A) that is proposed to be constructed and            which would include a networked trans-
                                             available through September 30, 2029, for               to operate—                                             mission system to optimize the existing grid
                                             making grants in accordance with this sec-                (i) at a minimum of 275 kilovolts of either           for interconnection of offshore wind farms.
                                             tion and for administrative expenses associ-            alternating-current or direct-current elec-                         PART 6—INDUSTRIAL
                                             ated with carrying out this section.                    tric energy by an entity; or                            SEC. 50161. ADVANCED INDUSTRIAL FACILITIES
                                               (b) USE OF FUNDS.—                                      (ii) offshore and at a minimum of 200 kilo-                       DEPLOYMENT PROGRAM.
                                               (1) IN GENERAL.—The Secretary may make                volts of either alternating-current or direct-            (a) OFFICE OF CLEAN ENERGY DEMONSTRA-
                                             a grant under this section to a siting author-          current electric energy by an entity; and               TIONS.—In addition to amounts otherwise
                                             ity for, with respect to a covered trans-                 (B) for which such entity has applied, or             available, there is appropriated to the Sec-
                                             mission project, any of the following activi-           informed a siting authority of such entity’s            retary, acting through the Office of Clean
                                             ties:                                                   intent to apply, for regulatory approval.               Energy Demonstrations, for fiscal year 2022,
                                               (A) Studies and analyses of the impacts of              (2) SITING AUTHORITY.—The term ‘‘siting               out of any money in the Treasury not other-
                                             the covered transmission project.                       authority’’ means a State, local, or Tribal             wise appropriated, $5,812,000,000, to remain
                                               (B) Examination of up to 3 alternate siting           governmental entity with authority to make              available through September 30, 2026, to
                                             corridors within which the covered trans-               a final determination regarding the siting,             carry out this section.
                                             mission project feasibly could be sited.                permitting, or regulatory status of a covered             (b) FINANCIAL ASSISTANCE.—The Secretary
                                               (C) Participation by the siting authority in          transmission project that is proposed to be             shall use funds appropriated by subsection
                                             regulatory proceedings or negotiations in an-           located in an area under the jurisdiction of            (a) to provide financial assistance, on a com-
                                             other jurisdiction, or under the auspices of a          the entity.                                             petitive basis, to eligible entities to carry
                                             Transmission Organization (as defined in                SEC.   50153.    INTERREGIONAL AND OFFSHORE             out projects for—
                                             section 3 of the Federal Power Act (16 U.S.C.                           WIND ELECTRICITY TRANSMISSION             (1) the purchase and installation, or imple-
                                             796)) that is also considering the siting or                            PLANNING, MODELING, AND ANAL-           mentation, of advanced industrial tech-
                                             permitting of the covered transmission                                  YSIS.                                   nology at an eligible facility;




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                                             project.                                                  (a)   APPROPRIATION.—In      addition    to             (2) retrofits, upgrades to, or operational
                                               (D) Participation by the siting authority             amounts otherwise available, there is appro-            improvements at an eligible facility to in-
                                             in regulatory proceedings at the Federal En-            priated to the Secretary for fiscal year 2022,          stall or implement advanced industrial tech-
                                             ergy Regulatory Commission or a State reg-              out of any money in the Treasury not other-             nology; or
                                             ulatory commission for determining applica-             wise appropriated, $100,000,000, to remain                (3) engineering studies and other work
                                             ble rates and cost allocation for the covered           available through September 30, 2031, to                needed to prepare an eligible facility for ac-
                                             transmission project.                                   carry out this section.                                 tivities described in paragraph (1) or (2).




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                                             S4290                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2022
                                               (c) APPLICATION.—To be eligible to receive              (3) $280,000,000 to carry out activities for         tember 30, 2031, to carry out projects for the
                                             financial assistance under subsection (b), an           fusion energy science construction and                 conservation, protection, and resiliency of
                                             eligible entity shall submit to the Secretary           major items of equipment projects;                     lands and resources administered by the Na-
                                             an application at such time, in such manner,              (4) $217,000,000 to carry out activities for         tional Park Service and Bureau of Land
                                             and containing such information as the Sec-             nuclear physics construction and major                 Management. None of the funds provided
                                             retary may require, including the expected              items of equipment projects;                           under this section shall be subject to cost-
                                             greenhouse gas emissions reductions to be                 (5) $163,791,000 to carry out activities for         share or matching requirements.
                                             achieved by carrying out the project.                   advanced scientific computing research fa-             SEC. 50222. NATIONAL PARKS AND PUBLIC LANDS
                                               (d) PRIORITY.—In providing financial as-              cilities;                                                           CONSERVATION AND ECOSYSTEM
                                             sistance under subsection (b), the Secretary              (6) $294,500,000 to carry out activities for                      RESTORATION.
                                             shall give priority consideration to projects           basic energy sciences projects; and                      In addition to amounts otherwise avail-
                                             on the basis of, as determined by the Sec-                (7) $157,813,000 to carry out activities for         able, there is appropriated to the Secretary
                                             retary—                                                 isotope research and development facilities.           for fiscal year 2022, out of any money in the
                                               (1) the expected greenhouse gas emissions               (b) OFFICE OF NUCLEAR ENERGY.—In addi-               Treasury      not   otherwise    appropriated,
                                             reductions to be achieved by carrying out               tion to amounts otherwise available, there is          $250,000,000, to remain available through Sep-
                                             the project;                                            appropriated to the Secretary for fiscal year          tember 30, 2031, to carry out conservation,
                                               (2) the extent to which the project would             2022, out of any money in the Treasury not             ecosystem and habitat restoration projects
                                             provide the greatest benefit for the greatest           otherwise appropriated, $150,000,000, to re-           on lands administered by the National Park
                                             number of people within the area in which               main available through September 30, 2027,             Service and Bureau of Land Management.
                                             the eligible facility is located; and                   to carry out activities for infrastructure and         None of the funds provided under this section
                                               (3) whether the eligible entity participates          general plant projects carried out by the Of-          shall be subject to cost-share or matching re-
                                             or would participate in a partnership with              fice of Nuclear Energy.                                quirements.
                                             purchasers of the output of the eligible facil-           (c) OFFICE OF ENERGY EFFICIENCY AND RE-              SEC. 50223. NATIONAL PARK SERVICE EMPLOY-
                                             ity.                                                    NEWABLE ENERGY.—In addition to amounts                             EES.
                                               (e) COST SHARE.—The Secretary shall re-               otherwise available, there is appropriated to            In addition to amounts otherwise avail-
                                             quire an eligible entity to provide not less            the Secretary for fiscal year 2022, out of any         able, there is appropriated to the Secretary
                                             than 50 percent of the cost of a project car-           money in the Treasury not otherwise appro-             for fiscal year 2022, out of any money in the
                                             ried out pursuant to this section.                      priated, $150,000,000, to remain available             Treasury      not   otherwise    appropriated,
                                               (f) ADMINISTRATIVE COSTS.—The Secretary               through September 30, 2027, to carry out ac-           $500,000,000, to remain available through Sep-
                                             shall reserve not more than $300,000,000 of             tivities for infrastructure and general plant          tember 30, 2030, to hire employees to serve in
                                             amounts made available under subsection (a)             projects carried out by the Office of Energy           units of the National Park System or na-
                                             for administrative costs of carrying out this           Efficiency and Renewable Energy.                       tional historic or national scenic trails ad-
                                             section.                                                SEC. 50173. AVAILABILITY OF HIGH-ASSAY LOW-            ministered by the National Park Service.
                                               (g) DEFINITIONS.—In this section:                                 ENRICHED URANIUM.
                                                                                                                                                            SEC. 50224. NATIONAL PARK SYSTEM DEFERRED
                                               (1) ADVANCED INDUSTRIAL TECHNOLOGY.—                    (a)   APPROPRIATIONS.—In     addition  to                        MAINTENANCE.
                                             The term ‘‘advanced industrial technology’’             amounts otherwise available, there is appro-
                                             means a technology directly involved in an                                                                       In addition to amounts otherwise avail-
                                                                                                     priated to the Secretary of for fiscal year            able, there is appropriated to the Secretary
                                             industrial process, as described in any of              2022, out of any money in the Treasury not
                                             paragraphs (1) through (6) of section 454(c) of                                                                for fiscal year 2022, out of any money in the
                                                                                                     otherwise appropriated, to remain available            Treasury      not   otherwise    appropriated,
                                             the Energy Independence and Security Act of             through September 30, 2026—
                                             2007 (42 U.S.C. 17113(c)), and designed to ac-                                                                 $200,000,000, to remain available through Sep-
                                                                                                       (1) $100,000,000 to carry out the program            tember 30, 2026, to carry out priority deferred
                                             celerate greenhouse gas emissions reduction             elements described in subparagraphs (A)
                                             progress to net-zero at an eligible facility, as                                                               maintenance projects, through direct ex-
                                                                                                     through (C) of section 2001(a)(2) of the En-           penditures or transfers, within the bound-
                                             determined by the Secretary.                            ergy Act of 2020 (42 U.S.C. 16281(a)(2));
                                               (2) ELIGIBLE ENTITY.—The term ‘‘eligible                                                                     aries of the National Park System.
                                                                                                       (2) $500,000,000 to carry out the program
                                             entity’’ means the owner or operator of an              elements described in subparagraphs (D)                    PART 3—DROUGHT RESPONSE AND
                                             eligible facility.                                      through (H) of that section; and                                       PREPAREDNESS
                                               (3) ELIGIBLE FACILITY.—The term ‘‘eligible              (3) $100,000,000 to carry out activities to          SEC. 50231. BUREAU OF RECLAMATION DOMES-
                                             facility’’ means a domestic, non-Federal,               support the availability of high-assay low-                        TIC WATER SUPPLY PROJECTS.
                                             nonpower industrial or manufacturing facil-             enriched uranium for civilian domestic re-               In addition to amounts otherwise avail-
                                             ity engaged in energy-intensive industrial              search, development, demonstration, and                able, there is appropriated to the Secretary,
                                             processes, including production processes for           commercial use under section 2001 of the En-           acting through the Commissioner of Rec-
                                             iron, steel, steel mill products, aluminum,             ergy Act of 2020 (42 U.S.C. 16281).                    lamation, for fiscal year 2022, out of any
                                             cement, concrete, glass, pulp, paper, indus-              (b) COMPETITIVE PROCEDURES.—To the max-              money in the Treasury not otherwise appro-
                                             trial ceramics, chemicals, and other energy             imum extent practicable, the Department of             priated, $550,000,000, to remain available
                                             intensive industrial processes, as determined           Energy shall, in a manner consistent with              through September 30, 2031, for grants, con-
                                             by the Secretary.                                       section 989 of the Energy Policy Act of 2005           tracts, or financial assistance agreements for
                                               (4) FINANCIAL ASSISTANCE.—The term ‘‘fi-              (42 U.S.C. 16353), use a competitive, merit-           disadvantaged communities (identified ac-
                                             nancial assistance’’ means a grant, rebate,             based review process in carrying out re-               cording to criteria adopted by the Commis-
                                             direct loan, or cooperative agreement.                  search, development, demonstration, and de-            sioner of Reclamation) in a manner as deter-
                                                  PART 7—OTHER ENERGY MATTERS                        ployment activities under section 2001 of the          mined by the Commissioner of Reclamation
                                             SEC. 50171. DEPARTMENT OF ENERGY OVER-                  Energy Act of 2020 (42 U.S.C. 16281).                  for up to 100 percent of the cost of the plan-
                                                        SIGHT.                                         (c) ADMINISTRATIVE EXPENSES.—The Sec-                ning, design, or construction of water
                                               In addition to amounts otherwise avail-               retary may use not more than 3 percent of              projects the primary purpose of which is to
                                             able, there is appropriated to the Secretary            the amounts appropriated by subsection (a)             provide domestic water supplies to commu-
                                             for fiscal year 2022, out of any money in the           for administrative purposes.                           nities or households that do not have reli-
                                             Treasury      not   otherwise    appropriated,                  Subtitle B—Natural Resources                   able access to domestic water supplies in a
                                             $20,000,000, to remain available through Sep-                                                                  State or territory described in the first sec-
                                                                                                           PART 1—GENERAL PROVISIONS
                                             tember 30, 2031, for oversight by the Depart-                                                                  tion of the Act of June 17, 1902 (43 U.S.C. 391;
                                                                                                     SEC. 50211. DEFINITIONS.                               32 Stat. 388, chapter 1093).
                                             ment of Energy Office of Inspector General
                                             of the Department of Energy activities for                In this subtitle:                                    SEC. 50232. CANAL IMPROVEMENT PROJECTS.
                                             which funding is appropriated in this sub-                (1) SECRETARY.—The term ‘‘Secretary’’
                                                                                                                                                              In addition to amounts otherwise avail-
                                             title.                                                  means the Secretary of the Interior.
                                                                                                                                                            able, there is appropriated to the Secretary,
                                                                                                       (2) UNITED STATES INSULAR AREAS.—The
                                             SEC.   50172.NATIONAL LABORATORY INFRA-                                                                        acting through the Commissioner of Rec-
                                                        STRUCTURE.                                   term ‘‘United States Insular Areas’’ means
                                                                                                                                                            lamation, for fiscal year 2022, out of any
                                                                                                     American Samoa, the Commonwealth of the
                                               (a)  OFFICE OF SCIENCE.—In addition to                                                                       money in the Treasury not otherwise appro-
                                                                                                     Northern Mariana Islands, Guam, the Com-
                                             amounts otherwise available, there is appro-                                                                   priated, $25,000,000, to remain available
                                                                                                     monwealth of Puerto Rico, and the United
                                             priated to the Secretary, acting through the                                                                   through September 30, 2031, for the design,
                                                                                                     States Virgin Islands.
                                             Director of the Office of Science, for fiscal                                                                  study, and implementation of projects (in-
                                             year 2022, out of any money in the Treasury                        PART 2—PUBLIC LANDS                         cluding pilot and demonstration projects) to




dlhill on DSK120RN23PROD with SENATE
                                             not otherwise appropriated, to remain avail-            SEC. 50221. NATIONAL PARKS AND PUBLIC LANDS            cover water conveyance facilities with solar
                                             able through September 30, 2027—                                     CONSERVATION AND RESILIENCE.              panels to generate renewable energy in a
                                               (1) $133,240,000 to carry out activities for            In addition to amounts otherwise avail-              manner as determined by the Secretary or
                                             science laboratory infrastructure projects;             able, there is appropriated to the Secretary           for other solar projects associated with Bu-
                                               (2) $303,656,000 to carry out activities for          for fiscal year 2022, out of any money in the          reau of Reclamation projects that increase
                                             high energy physics construction and major              Treasury      not   otherwise    appropriated,         water efficiency and assist in implementa-
                                             items of equipment projects;                            $250,000,000, to remain available through Sep-         tion of clean energy goals.




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                        S4291
                                             SEC. 50233. DROUGHT MITIGATION IN THE REC-                (A) IN GENERAL.—Section 2 of the Outer                  (1) in each of subparagraphs (A) and (C), by
                                                         LAMATION STATES.                            Continental Shelf Lands Act (43 U.S.C. 1331)           striking ‘‘not less than 121⁄2 per centum’’
                                               (a) DEFINITION OF RECLAMATION STATE.—In               is amended—                                            each place it appears and inserting ‘‘not less
                                             this section, the term ‘‘Reclamation State’’              (i) in subsection (a)—                               than 162⁄3 percent’’;
                                             means a State or territory described in the               (I) by striking ‘‘means all’’ and inserting             (2) in subparagraph (F), by striking ‘‘no
                                             first section of the Act of June 17, 1902 (32           the following: ‘‘means—                                less than 121⁄2 per centum’’ and inserting
                                             Stat. 388, chapter 1093; 43 U.S.C. 391).                  ‘‘(1) all’’; and                                     ‘‘not less than 162⁄3 percent’’; and
                                               (b)    APPROPRIATION.—In       addition   to            (II) in paragraph (1) (as so designated), by            (3) in subparagraph (H), by striking ‘‘no
                                             amounts otherwise available, there is appro-            striking ‘‘control;’’ and inserting the fol-           less than 12 and 1⁄2 per centum’’ and inserting
                                             priated to the Secretary (acting through the            lowing: ‘‘control or within the exclusive eco-         ‘‘not less than 162⁄3 percent’’.
                                             Commissioner of Reclamation), for fiscal                nomic zone of the United States and adja-              SEC. 50262. MINERAL LEASING ACT MODERNIZA-
                                             year 2022, out of any money in the Treasury             cent to any territory of the United States;                        TION.
                                             not otherwise appropriated, $4,000,000,000, to          and’’; and                                               (a) ONSHORE OIL AND GAS ROYALTY
                                             remain available through September 30, 2026,              (III) by adding at the end following:                RATES.—
                                             for grants, contracts, or financial assistance            ‘‘(2) does not include any area conveyed by            (1) LEASE OF OIL AND GAS LAND.—Section 17
                                             agreements, in accordance with the reclama-             Congress to a territorial government for ad-           of the Mineral Leasing Act (30 U.S.C. 226) is
                                             tion laws, to or with public entities and In-           ministration;’’;                                       amended—
                                             dian Tribes, that provide for the conduct of              (ii) in subsection (p), by striking ‘‘and’’             (A) in subsection (b)(1)(A), in the fifth sen-
                                             the following activities to mitigate the im-            after the semicolon at the end;                        tence—
                                             pacts of drought in the Reclamation States,               (iii) in subsection (q), by striking the pe-            (i) by striking ‘‘12.5’’ and inserting ‘‘162⁄3’’;
                                             with priority given to the Colorado River               riod at the end and inserting ‘‘; and’’; and           and
                                             Basin and other basins experiencing com-                  (iv) by adding at the end the following:                (ii) by inserting ‘‘or, in the case of a lease
                                             parable levels of long-term drought, to be                ‘‘(r) The term ‘State’ means—                        issued during the 10-year period beginning on
                                             implemented in compliance with applicable                 ‘‘(1) each of the several States;                    the date of enactment of the Act titled ‘An
                                             environmental law:                                        ‘‘(2) the Commonwealth of Puerto Rico;               Act to provide for reconciliation pursuant to
                                               (1) Compensation for a temporary or                     ‘‘(3) Guam;                                          title II of S. Con. Res. 14’, 162⁄3 percent in
                                             multiyear voluntary reduction in diversion                ‘‘(4) American Samoa;                                amount or value of the production removed
                                             of water or consumptive water use.                        ‘‘(5) the United States Virgin Islands; and          or sold from the lease’’ before the period at
                                               (2) Voluntary system conservation projects              ‘‘(6) the Commonwealth of the Northern               the end; and
                                             that achieve verifiable reductions in use of            Mariana Islands.’’.                                       (B) by striking ‘‘121⁄2 per centum’’ each
                                             or demand for water supplies or provide envi-             (B) EXCLUSIONS.—Section 18 of the Outer              place it appears and inserting ‘‘162⁄3 percent’’.
                                             ronmental benefits in the Lower Basin or                Continental Shelf Lands Act (43 U.S.C. 1344)              (2) CONDITIONS FOR REINSTATEMENT.—Sec-
                                             Upper Basin of the Colorado River.                      is amended by adding at the end the fol-               tion 31(e)(3) of the Mineral Leasing Act (30
                                               (3) Ecosystem and habitat restoration                 lowing:                                                U.S.C. 188(e)(3)) is amended by striking
                                             projects to address issues directly caused by             ‘‘(i) APPLICATION.—This section shall not            ‘‘162⁄3’’ each place it appears and inserting
                                             drought in a river basin or inland water                apply to the scheduling of any lease sale in           ‘‘20’’.
                                             body.                                                   an area of the outer Continental Shelf that               (b) OIL AND GAS MINIMUM BID.—Section
                                               (c) REPORT.—Not later than 1 year after               is adjacent to the Commonwealth of Puerto              17(b) of the Mineral Leasing Act (30 U.S.C.
                                             the date of enactment of this Act, and each             Rico, Guam, American Samoa, the United                 226(b)) is amended—
                                             year thereafter, the Secretary shall submit             States Virgin Islands, or the Commonwealth                (1) in paragraph (1)(B), in the first sen-
                                             to Congress a report that describes any ex-             of the Northern Mariana Islands.’’.                    tence, by striking ‘‘$2 per acre for a period of
                                             penditures under this section.                            (2) WIND LEASE SALES FOR AREAS OF THE                2 years from the date of enactment of the
                                                      PART 4—INSULAR AFFAIRS                         OUTER CONTINENTAL SHELF.—The Outer Con-                Federal Onshore Oil and Gas Leasing Reform
                                                                                                     tinental Shelf Lands Act (43 U.S.C. 1331 et            Act of 1987.’’ and inserting ‘‘$10 per acre dur-
                                             SEC. 50241. OFFICE OF INSULAR AFFAIRS CLI-
                                                         MATE CHANGE TECHNICAL ASSIST-               seq.) is amended by adding at the end the fol-         ing the 10-year period beginning on the date
                                                         ANCE.                                       lowing:                                                of enactment of the Act titled ‘An Act to
                                               (a) IN GENERAL.—In addition to amounts                                                                       provide for reconciliation pursuant to title II
                                                                                                     ‘‘SEC. 33. WIND LEASE SALES FOR AREAS OF THE
                                             otherwise available, there is appropriated to                        OUTER CONTINENTAL SHELF OFF-              of S. Con. Res. 14’.’’; and
                                             the Secretary, acting through the Office of                          SHORE OF TERRITORIES OF THE                  (2) in paragraph (2)(C), by striking ‘‘$2 per
                                             Insular Affairs, for fiscal year 2022, out of                        UNITED STATES.                            acre’’ and inserting ‘‘$10 per acre’’.
                                             any money in the Treasury not otherwise ap-                ‘‘(a) WIND LEASE SALES OFF COASTS OF                   (c) FOSSIL FUEL RENTAL RATES.—
                                             propriated, $15,000,000, to remain available            TERRITORIES OF THE UNITED STATES.—                        (1) ANNUAL RENTALS.—Section 17(d) of the
                                             through September 30, 2026, to provide tech-               ‘‘(1) CALL FOR INFORMATION AND NOMINA-              Mineral Leasing Act (30 U.S.C. 226(d)) is
                                             nical assistance for climate change planning,           TIONS.—                                                amended, in the first sentence, by striking
                                             mitigation, adaptation, and resilience to                  ‘‘(A) IN GENERAL.—The Secretary shall               ‘‘$1.50 per acre’’ and all that follows through
                                             United States Insular Areas.                            issue calls for information and nominations            the period at the end and inserting ‘‘$3 per
                                               (b) ADMINISTRATIVE EXPENSES.—In addition              for proposed wind lease sales for areas of the         acre per year during the 2-year period begin-
                                             to amounts otherwise available, there is ap-            outer Continental Shelf described in para-             ning on the date the lease begins for new
                                             propriated to the Secretary, acting through             graph (2) that are determined to be feasible.          leases, and after the end of that 2-year pe-
                                             the Office of Insular Affairs, for fiscal year            ‘‘(B) INITIAL CALL.—Not later than Sep-              riod, $5 per acre per year for the following 6-
                                             2022, out of any money in the Treasury not              tember 30, 2025, the Secretary shall issue an          year period, and not less than $15 per acre
                                             otherwise appropriated, $900,000, to remain             initial call for information and nominations           per year thereafter, or, in the case of a lease
                                             available through September 30, 2026, for               under this paragraph.                                  issued during the 10-year period beginning on
                                             necessary administrative expenses associ-                 ‘‘(2) CONDITIONAL WIND LEASE SALES.—The              the date of enactment of the Act titled ‘An
                                             ated with carrying out this section.                    Secretary may conduct wind lease sales in              Act to provide for reconciliation pursuant to
                                                                                                     each area within the exclusive economic                title II of S. Con. Res. 14’, $3 per acre per
                                                      PART 5—OFFSHORE WIND                                                                                  year during the 2-year period beginning on
                                                                                                     zone of the United States adjacent to the
                                             SEC. 50251. LEASING ON THE OUTER CONTI-                                                                        the date the lease begins, and after the end
                                                         NENTAL SHELF.
                                                                                                     Commonwealth of Puerto Rico, Guam, Amer-
                                                                                                     ican Samoa, the United States Virgin Is-               of that 2-year period, $5 per acre per year for
                                               (a) LEASING AUTHORIZED.—The Secretary                                                                        the following 6-year period, and $15 per acre
                                                                                                     lands, or the Commonwealth of the Northern
                                             may grant leases, easements, and rights-of-                                                                    per year thereafter.’’.
                                                                                                     Mariana Islands that meets each of the fol-
                                             way pursuant to section 8(p)(1)(C) of the                                                                         (2) RENTALS IN REINSTATED LEASES.—Sec-
                                                                                                     lowing criteria:
                                             Outer Continental Shelf Lands Act (43 U.S.C.                                                                   tion 31(e)(2) of the Mineral Leasing Act (30
                                                                                                       ‘‘(A) The Secretary has concluded that a
                                             1337(p)(1)(C)) in an area withdrawn by—                                                                        U.S.C. 188(e)(2)) is amended by striking ‘‘$10’’
                                                                                                     wind lease sale in the area is feasible.
                                               (1) the Presidential memorandum entitled                                                                     and inserting ‘‘$20’’.
                                                                                                       ‘‘(B) The Secretary has determined that
                                             ‘‘Memorandum on the Withdrawal of Certain                                                                         (d) EXPRESSION OF INTEREST FEE.—Section
                                                                                                     there is sufficient interest in leasing the
                                             Areas of the United States Outer Conti-                                                                        17 of the Mineral Leasing Act (30 U.S.C. 226)
                                                                                                     area.
                                             nental Shelf from Leasing Disposition’’ and                                                                    is amended by adding at the end the fol-
                                                                                                       ‘‘(C) The Secretary has consulted with the
                                             dated September 8, 2020; or                                                                                    lowing:
                                                                                                     Governor of the territory regarding the suit-
                                               (2) the Presidential memorandum entitled                                                                        ‘‘(q) FEE FOR EXPRESSION OF INTEREST.—
                                                                                                     ability of the area for wind energy develop-
                                             ‘‘Presidential Determination on the With-                                                                         ‘‘(1) IN GENERAL.—The Secretary shall as-
                                                                                                     ment.’’.




dlhill on DSK120RN23PROD with SENATE
                                             drawal of Certain Areas of the United States                                                                   sess a nonrefundable fee against any person
                                             Outer Continental Shelf from Leasing Dis-                    PART 6—FOSSIL FUEL RESOURCES                      that, in accordance with procedures estab-
                                             position’’ and dated September 25, 2020.                SEC. 50261. OFFSHORE OIL AND GAS ROYALTY               lished by the Secretary to carry out this sub-
                                               (b) OFFSHORE WIND FOR THE TERRITORIES.—                           RATE.                                      section, submits an expression of interest in
                                               (1) APPLICATION OF OUTER CONTINENTAL                   Section 8(a)(1) of the Outer Continental              leasing land available for disposition under
                                             SHELF LANDS ACT WITH RESPECT TO TERRI-                  Shelf Lands Act (43 U.S.C. 1337(a)(1)) is              this section for exploration for, and develop-
                                             TORIES OF THE UNITED STATES.—                           amended—                                               ment of, oil or gas.




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                                             S4292                                             CONGRESSIONAL RECORD — SENATE                                                           August 6, 2022
                                               ‘‘(2) AMOUNT OF FEE.—                                   (E) in subsection (i), by striking ‘‘(i)(1) In        cally targeted technology including cell,
                                               ‘‘(A) IN GENERAL.—Subject to subparagraph             acting’’ and all that follows through ‘‘of this         gene, siRNA, and radio ligand therapies.’’.
                                             (B), the fee assessed under paragraph (1)               section’’ in paragraph (2) and inserting the
                                             shall be $5 per acre of the area covered by             following:                                                SA 5284. Mr. TILLIS submitted an
                                             the applicable expression of interest.                    ‘‘(i) ROYALTY REDUCTION IN REINSTATED                 amendment intended to be proposed to
                                               ‘‘(B) ADJUSTMENT OF FEE.—The Secretary                LEASES.—In acting on a petition for rein-               amendment SA 5194 proposed by Mr.
                                             shall, by regulation, not less frequently than          statement pursuant to subsection (d)’’;                 SCHUMER to the bill H.R. 5376, to pro-
                                             every 4 years, adjust the amount of the fee               (F) by striking subsection (f); and
                                             under subparagraph (A) to reflect the change
                                                                                                                                                             vide for reconciliation pursuant to title
                                                                                                       (G) by redesignating subsections (g)
                                             in inflation.’’.                                        through (j) as subsections (f) through (i), re-
                                                                                                                                                             II of S. Con. Res. 14; which was ordered
                                               (e) ELIMINATION OF NONCOMPETITIVE LEAS-               spectively.                                             to lie on the table; as follows:
                                             ING.—                                                   SEC.    50263. ROYALTIES ON ALL EXTRACTED                 At the end of section 11004, insert the fol-
                                               (1) IN GENERAL.—Section 17 of the Mineral                           METHANE.                                  lowing:
                                             Leasing Act (30 U.S.C. 226) is amended—                      (a) IN GENERAL.—For all leases issued after        SEC. 11005. EQUALIZING THE NEGOTIATION PE-
                                               (A) in subsection (b)—                                the date of enactment of this Act, except as                        RIOD BETWEEN SMALL-MOLECULE
                                               (i) in paragraph (1)(A)—                              provided in subsection (b), royalties paid for                      AND BIOLOGIC CANDIDATES UNDER
                                               (I) in the first sentence, by striking ‘‘para-        gas produced from Federal land and on the                           THE DRUG PRICE NEGOTIATION
                                             graphs (2) and (3) of this subsection’’ and in-                                                                             PROGRAM.
                                                                                                     outer Continental Shelf shall be assessed on
                                             serting ‘‘paragraph (2)’’; and                          all gas produced, including all gas that is                Part E of title XI of the Social Security
                                               (II) by striking the last sentence; and               consumed or lost by venting, flaring, or neg-           Act, as added by section 11001, is amended—
                                               (ii) by striking paragraph (3);                       ligent releases through any equipment dur-                 (1) in section 1192(e)(1)(A)(ii), by striking
                                               (B) by striking subsection (c) and inserting          ing upstream operations.                                ‘‘7 years’’ and inserting ‘‘11 years’’; and
                                             the following:                                            (b) EXCEPTION.—Subsection (a) shall not                  (2) in section 1194(g)(1)(A), by striking ‘‘9
                                               ‘‘(c) ADDITIONAL ROUNDS OF COMPETITIVE                apply with respect to—                                  years’’ and inserting ‘‘13 years’’.
                                             BIDDING.—Land made available for leasing                  (1) gas vented or flared for not longer than
                                             under subsection (b)(1) for which no bid is ac-         48 hours in an emergency situation that                   SA 5285. Mr. CRUZ submitted an
                                             cepted or received, or the land for which a             poses a danger to human health, safety, or              amendment intended to be proposed to
                                             lease terminates, expires, is cancelled, or is          the environment;                                        amendment SA 5194 proposed by Mr.
                                             relinquished, may be made available by the                (2) gas used or consumed within the area of           SCHUMER to the bill H.R. 5376, to pro-
                                             Secretary of the Interior for a new round of            the lease, unit, or communitized area for the
                                             competitive bidding under that subsection.’’;
                                                                                                                                                             vide for reconciliation pursuant to title
                                                                                                     benefit of the lease, unit, or communitized             II of S. Con. Res. 14; which was ordered
                                             and                                                     area; or
                                               (C) by striking subsection (e) and inserting                                                                  to lie on the table; as follows:
                                                                                                       (3) gas that is unavoidably lost.
                                             the following:                                                                                                    Beginning on page 689, strike line 8 and all
                                               ‘‘(e) TERM OF LEASE.—                                   SA 5282. Mr. TILLIS submitted an                      that follows through page 714, line 7, and in-
                                               ‘‘(1) IN GENERAL.—Any lease issued under              amendment intended to be proposed to                    sert the following:
                                             this section, including a lease for tar sand                                                                    SEC. 60106. FUNDING TO ADDRESS AIR POLLU-
                                             areas, shall be for a primary term of 10
                                                                                                     amendment SA 5194 proposed by Mr.
                                                                                                                                                                         TION AT SCHOOLS.
                                             years.                                                  SCHUMER to the bill H.R. 5376, to pro-                    (a) IN GENERAL.—In addition to amounts
                                               ‘‘(2) CONTINUATION OF LEASE.—A lease de-              vide for reconciliation pursuant to title               otherwise available, there is appropriated to
                                             scribed in paragraph (1) shall continue after           II of S. Con. Res. 14; which was ordered                the Administrator of the Environmental
                                             the primary term of the lease for any period            to lie on the table; as follows:                        Protection Agency for fiscal year 2022, out of
                                             during which oil or gas is produced in paying            At the end of title I, add the following:              any money in the Treasury not otherwise ap-
                                             quantities.                                             Subtitle l—Safeguarding Patient Access to               propriated, $37,500,000, to remain available
                                               ‘‘(3) ADDITIONAL EXTENSIONS.—Any lease                 Cutting-edge Therapies by Protecting                   until September 30, 2031, for grants and other
                                             issued under this section for land on which,             Small Businesses From Onerous Permanent                activities to monitor and reduce greenhouse
                                             or for which under an approved cooperative               Mandates and Catastrophic Penalties                    gas emissions and other air pollutants at
                                             or unit plan of development or operation, ac-            Under the New Federal Program                          schools in low-income and disadvantaged
                                             tual drilling operations were commenced and             SEC. 1l001. SAFEGUARDING PATIENT ACCESS TO              communities under subsections (a) through
                                             diligently prosecuted prior to the end of the                       CUTTING-EDGE THERAPIES BY PRO-              (c) of section 103 of the Clean Air Act (42
                                             primary term of the lease shall be extended                         TECTING SMALL BUSINESSES FROM               U.S.C. 7403(a)–(c)) and section 105 of that Act
                                             for 2 years and for any period thereafter dur-                      ONEROUS PERMANENT MANDATES                  (42 U.S.C. 7405).
                                             ing which oil or gas is produced in paying                          AND   CATASTROPHIC   PENALTIES                (b) TECHNICAL ASSISTANCE.—In addition to
                                             quantities.’’.                                                      UNDER THE NEW FEDERAL PRO-                  amounts otherwise available, there is appro-
                                               (2) CONFORMING AMENDMENTS.—Section 31                             GRAM.                                       priated to the Administrator of the Environ-
                                             of the Mineral Leasing Act (30 U.S.C. 188) is             Sec. 1192(d) of the Social Security Act, as           mental Protection Agency for fiscal year
                                             amended—                                                added by section 11001, is amended—                     2022, out of any money in the Treasury not
                                               (A) in subsection (d)(1), in the first sen-             (1) in paragraph (2)(A), in the matter pre-           otherwise appropriated, $12,500,000, to remain
                                             tence, by striking ‘‘or section 17(c) of this           ceding clause (i), by striking ‘‘, with respect         available until September 30, 2031, for pro-
                                             Act’’;                                                  to the initial price applicability years 2026,          viding technical assistance to schools in low-
                                               (B) in subsection (e)—                                2027, and 2028,’’; and                                  income and disadvantaged communities
                                               (i) in paragraph (2)—                                   (2) in paragraph (3)(A)(ii), by striking ‘‘for        under subsections (a) through (c) of section
                                               (I) by striking ‘‘either’’; and                       initial price applicability years 2026, 2027,           103 of the Clean Air Act (42 U.S.C. 7403(a)–(c))
                                               (II) by striking ‘‘or the inclusion’’ and all         and 2028,’’.                                            and section 105 of that Act (42 U.S.C. 7405)—
                                             that follows through ‘‘, all’’; and                     SEC. 1l002. REDUCTION OF ADDITIONAL IRS                   (1) to address environmental issues;
                                                                                                                FUNDING FOR ENFORCEMENT.
                                               (ii) in paragraph (3)—                                                                                          (2) to develop school environmental qual-
                                               (I) in subparagraph (A), by adding ‘‘and’’              Section 10301(a)(1)(A)(i)(II) of this Act is
                                                                                                                                                             ity plans that include standards for school
                                             after the semicolon;                                    amended by striking ‘‘$45,637,400,000’’ and in-
                                                                                                                                                             building, design, construction, and renova-
                                               (II) by striking subparagraph (B); and                serting ‘‘$40,637,400,000’’.
                                                                                                                                                             tion; and
                                               (III) by striking ‘‘(3)(A) payment’’ and in-            SA 5283. Mr. TILLIS submitted an                        (3) to identify and mitigate ongoing air
                                             serting the following:                                                                                          pollution hazards.
                                               ‘‘(3) payment’’;
                                                                                                     amendment intended to be proposed to                      (c) DEFINITION OF GREENHOUSE GAS.—In
                                               (C) in subsection (g)—                                amendment SA 5194 proposed by Mr.                       this section, the term ‘‘greenhouse gas’’
                                               (i) in paragraph (1), by striking ‘‘as a com-         SCHUMER to the bill H.R. 5376, to pro-                  means the air pollutants carbon dioxide,
                                             petitive’’ and all that follows through ‘‘of            vide for reconciliation pursuant to title               hydrofluorocarbons, methane, nitrous oxide,
                                             this Act’’ and inserting ‘‘in the same manner           II of S. Con. Res. 14; which was ordered                perfluorocarbons, and sulfur hexafluoride.
                                             as the original lease issued pursuant to sec-           to lie on the table; as follows:                        SEC. 60107. FUNDING FOR SECTION 211(O) OF THE
                                             tion 17’’;                                                At the end of part 1 of subtitle B of title I,                     CLEAN AIR ACT.
                                               (ii) by striking paragraph (2);                       add the following:                                        (a) TEST AND PROTOCOL DEVELOPMENT.—In
                                               (iii) by redesignating paragraphs (3) and (4)         SEC. 11005. ENSURING ACCESS FOR MEDICARE                addition to amounts otherwise available,
                                             as paragraphs (2) and (3), respectively; and                        BENEFICIARIES TO GENETICALLY                there is appropriated to the Administrator of




dlhill on DSK120RN23PROD with SENATE
                                               (iv) in paragraph (2) (as so redesignated),                       TARGETED TECHNOLOGIES.                      the Environmental Protection Agency for
                                             by striking ‘‘applicable to leases issued                 Sec. 1192(e)(3) of the Social Security Act,           fiscal year 2022, out of any money in the
                                             under subsection 17(c) of this Act (30 U.S.C.           as added by section 11001, is amended by add-           Treasury     not    otherwise    appropriated,
                                             226(c)) except,’’ and inserting ‘‘except’’;             ing at the end the following new subpara-               $5,000,000, to remain available until Sep-
                                               (D) in subsection (h), by striking ‘‘sub-             graph:                                                  tember 30, 2031, to carry out section 211(o) of
                                             sections (d) and (f) of this section’’ and in-            ‘‘(D)   GENETICALLY      TARGETED     TECH-           the Clean Air Act (42 U.S.C. 7545(o)) with re-
                                             serting ‘‘subsection (d)’’;                             NOLOGIES.—A drug product using a geneti-                spect to—




                                       VerDate Sep 11 2014   07:35 Aug 08, 2022   Jkt 029060   PO 00000    Frm 00242   Fmt 4637   Sfmt 0634   E:\CR\FM\A06AU6.099   S06AUPT1


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