[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5376 Enrolled Bill (ENR)]
H.R.5376
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
To provide for reconciliation pursuant to title II of S. Con. Res. 14.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Subtitle A--Deficit Reduction

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Except as otherwise expressly provided, whenever in this subtitle
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Internal
Revenue Code of 1986.
PART 1--CORPORATE TAX REFORM

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TITLE I

-COMMITTEE ON FINANCE

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(a) In General.--Subtitle D is amended by inserting after chapter
36 the following new chapter:
``CHAPTER 37--REPURCHASE OF CORPORATE STOCK
``Sec. 4501. Repurchase of corporate stock.
``SEC. 4501. REPURCHASE OF CORPORATE STOCK.
``(a) General Rule.--There is hereby imposed on each covered
corporation a tax equal to 1 percent of the fair market value of any
stock of the corporation which is repurchased by such corporation
during the taxable year.
``(b) Covered Corporation.--For purposes of this section, the term
`covered corporation' means any domestic corporation the stock of which
is traded on an established securities market (within the meaning of
section 7704(b)(1)).
``(c) Repurchase.--For purposes of this section--
``(1) In general.--The term `repurchase' means--
``(A) a redemption within the meaning of section 317(b)
with regard to the stock of a covered corporation, and
``(B) any transaction determined by the Secretary to be
economically similar to a transaction described in subparagraph
(A).
``(2) Treatment of purchases by specified affiliates.--
``(A) In general.--The acquisition of stock of a covered
corporation by a specified affiliate of such covered
corporation, from a person who is not the covered corporation
or a specified affiliate of such covered corporation, shall be
treated as a repurchase of the stock of the covered corporation
by such covered corporation.
``(B) Specified affiliate.--For purposes of this section,
the term `specified affiliate' means, with respect to any
corporation--
``(i) any corporation more than 50 percent of the stock
of which is owned (by vote or by value), directly or
indirectly, by such corporation, and
``(ii) any partnership more than 50 percent of the
capital interests or profits interests of which is held,
directly or indirectly, by such corporation.
``(3) Adjustment.--The amount taken into account under
subsection (a) with respect to any stock repurchased by a covered
corporation shall be reduced by the fair market value of any stock
issued by the covered corporation during the taxable year,
including the fair market value of any stock issued or provided to
employees of such covered corporation or employees of a specified
affiliate of such covered corporation during the taxable year,
whether or not such stock is issued or provided in response to the
exercise of an option to purchase such stock.
``(d) Special Rules for Acquisition of Stock of Certain Foreign
Corporations.--
``(1) In general.--In the case of an acquisition of stock of an
applicable foreign corporation by a specified affiliate of such
corporation (other than a foreign corporation or a foreign
partnership (unless such partnership has a domestic entity as a
direct or indirect partner)) from a person who is not the
applicable foreign corporation or a specified affiliate of such
applicable foreign corporation, for purposes of this section--
``(A) such specified affiliate shall be treated as a
covered corporation with respect to such acquisition,
``(B) such acquisition shall be treated as a repurchase of
stock of a covered corporation by such covered corporation, and
``(C) the adjustment under subsection (c)(3) shall be
determined only with respect to stock issued or provided by
such specified affiliate to employees of the specified
affiliate.
``(2) Surrogate foreign corporations.--In the case of a
repurchase of stock of a covered surrogate foreign corporation by
such covered surrogate foreign corporation, or an acquisition of
stock of a covered surrogate foreign corporation by a specified
affiliate of such corporation, for purposes of this section--
``(A) the expatriated entity with respect to such covered
surrogate foreign corporation shall be treated as a covered
corporation with respect to such repurchase or acquisition,
``(B) such repurchase or acquisition shall be treated as a
repurchase of stock of a covered corporation by such covered
corporation, and
``(C) the adjustment under subsection (c)(3) shall be
determined only with respect to stock issued or provided by
such expatriated entity to employees of the expatriated entity.
``(3) Definitions.--For purposes of this subsection--
``(A) Applicable foreign corporation.--The term `applicable
foreign corporation' means any foreign corporation the stock of
which is traded on an established securities market (within the
meaning of section 7704(b)(1)).
``(B) Covered surrogate foreign corporation.--The term
`covered surrogate foreign corporation' means any surrogate
foreign corporation (as determined under section 7874(a)(2)(B)
by substituting `September 20, 2021' for `March 4, 2003' each
place it appears) the stock of which is traded on an
established securities market (within the meaning of section
7704(b)(1)), but only with respect to taxable years which
include any portion of the applicable period with respect to
such corporation under section 7874(d)(1).
``(C) Expatriated entity.--The term `expatriated entity'
has the meaning given such term by section 7874(a)(2)(A).
``(e) Exceptions.--Subsection (a) shall not apply--
``(1) to the extent that the repurchase is part of a
reorganization (within the meaning of section 368(a)) and no gain
or loss is recognized on such repurchase by the shareholder under
chapter 1 by reason of such reorganization,
``(2) in any case in which the stock repurchased is, or an
amount of stock equal to the value of the stock repurchased is,
contributed to an employer-sponsored retirement plan, employee
stock ownership plan, or similar plan,
``(3) in any case in which the total value of the stock
repurchased during the taxable year does not exceed $1,000,000,
``(4) under regulations prescribed by the Secretary, in cases
in which the repurchase is by a dealer in securities in the
ordinary course of business,
``(5) to repurchases by a regulated investment company (as
defined in section 851) or a real estate investment trust, or
``(6) to the extent that the repurchase is treated as a
dividend for purposes of this title.
``(f) Regulations and Guidance.--The Secretary shall prescribe such
regulations and other guidance as are necessary or appropriate to carry
out, and to prevent the avoidance of, the purposes of this section,
including regulations and other guidance--
``(1) to prevent the abuse of the exceptions provided by
subsection (e),
``(2) to address special classes of stock and preferred stock,
and
``(3) for the application of the rules under subsection (d).''.
(b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended
by inserting ``37,'' before ``41''.
(c) Clerical Amendment.--The table of chapters for subtitle D is
amended by inserting after the item relating to chapter 36 the
following new item:
``Chapter 37--Repurchase of Corporate Stock''.
(d) Effective Date.--The amendments made by this section shall
apply to repurchases (within the meaning of section 4501(c) of the
Internal Revenue Code of 1986, as added by this section) of stock after
December 31, 2022.
PART 3--FUNDING THE INTERNAL REVENUE SERVICE AND IMPROVING TAXPAYER
COMPLIANCE

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In General.--The following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022:
(1) Internal revenue service.--
(A) In general.--
(i) Taxpayer services.--For necessary expenses of the
Internal Revenue Service to provide taxpayer services,
including pre-filing assistance and education, filing and
account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $3,181,500,000, to
remain available until September 30, 2031: Provided, That
these amounts shall be in addition to amounts otherwise
available for such purposes.
(ii) Enforcement.--For necessary expenses for tax
enforcement activities of the Internal Revenue Service to
determine and collect owed taxes, to provide legal and
litigation support, to conduct criminal investigations
(including investigative technology), to provide digital
asset monitoring and compliance activities, to enforce
criminal statutes related to violations of internal revenue
laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to
provide other services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$45,637,400,000, to remain available until September 30,
2031: Provided, That these amounts shall be in addition to
amounts otherwise available for such purposes.
(iii) Operations support.--For necessary expenses of
the Internal Revenue Service to support taxpayer services
and enforcement programs, including rent payments;
facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities;
research and statistics of income; telecommunications;
information technology development, enhancement,
operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the
operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner,
$25,326,400,000, to remain available until September 30,
2031: Provided, That these amounts shall be in addition to
amounts otherwise available for such purposes.
(iv) Business systems modernization.--For necessary
expenses of the Internal Revenue Service's business systems
modernization program, including development of callback
technology and other technology to provide a more
personalized customer service but not including the
operation and maintenance of legacy systems,
$4,750,700,000, to remain available until September 30,
2031: Provided, That these amounts shall be in addition to
amounts otherwise available for such purposes.
(B) Task force to design an irs-run free ``direct efile''
tax return system.--For necessary expenses of the Internal
Revenue Service to deliver to Congress, within nine months
following the date of the enactment of this Act, a report on
(I) the cost (including options for differential coverage based
on taxpayer adjusted gross income and return complexity) of
developing and running a free direct efile tax return system,
including costs to build and administer each release, with a
focus on multi-lingual and mobile-friendly features and
safeguards for taxpayer data; (II) taxpayer opinions,
expectations, and level of trust, based on surveys, for such a
free direct efile system; and (III) the opinions of an
independent third-party on the overall feasibility, approach,
schedule, cost, organizational design, and Internal Revenue
Service capacity to deliver such a direct efile tax return
system, $15,000,000, to remain available until September 30,
2023: Provided, That these amounts shall be in addition to
amounts otherwise available for such purposes.
(2) Treasury inspector general for tax administration.--For
necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978,
as amended, including purchase and hire of passenger motor vehicles
(31 U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Inspector General for Tax
Administration, $403,000,000, to remain available until September
30, 2031: Provided, That these amounts shall be in addition to
amounts otherwise available for such purposes.
(3) Office of tax policy.--For necessary expenses of the Office
of Tax Policy of the Department of the Treasury to carry out
functions related to promulgating regulations under the Internal
Revenue Code of 1986, $104,533,803, to remain available until
September 30, 2031: Provided, That these amounts shall be in
addition to amounts otherwise available for such purposes.
(4) United states tax court.--For necessary expenses of the
United States Tax Court, including contract reporting and other
services as authorized by 5 U.S.C. 3109; $153,000,000, to remain
available until September 30, 2031: Provided, That these amounts
shall be in addition to amounts otherwise available for such
purposes.
(5) Treasury departmental offices.--For necessary expenses of
the Departmental Offices of the Department of the Treasury to
provide for oversight and implementation support for actions by the
Internal Revenue Service to implement this Act and the amendments
made by this Act, $50,000,000, to remain available until September
30, 2031: Provided, That these amounts shall be in addition to
amounts otherwise available for such purposes.
Subtitle B--Prescription Drug Pricing Reform
PART 1--LOWERING PRICES THROUGH DRUG PRICE NEGOTIATION

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NONCOMPLIANCE PERIODS.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 50A--DESIGNATED DRUGS
``Sec. 5000D. Designated drugs during noncompliance periods.
``SEC. 5000D. DESIGNATED DRUGS DURING NONCOMPLIANCE PERIODS.
``(a) In General.--There is hereby imposed on the sale by the
manufacturer, producer, or importer of any designated drug during a day
described in subsection (b) a tax in an amount such that the applicable
percentage is equal to the ratio of--
``(1) such tax, divided by
``(2) the sum of such tax and the price for which so sold.
``(b) Noncompliance Periods.--A day is described in this subsection
with respect to a designated drug if it is a day during one of the
following periods:
``(1) The period beginning on the March 1st (or, in the case of
initial price applicability year 2026, the October 2nd) immediately
following the date on which such drug is included on the list
published under section 1192(a) of the Social Security Act and
ending on the earlier of--
``(A) the first date on which the manufacturer of such
designated drug has in place an agreement described in section
1193(a) of such Act with respect to such drug, or
``(B) the date that the Secretary of Health and Human
Services has made a determination described in section
1192(c)(1) of such Act with respect to such designated drug.
``(2) The period beginning on the November 2nd immediately
following the March 1st described in paragraph (1) (or, in the case
of initial price applicability year 2026, the August 2nd
immediately following the October 2nd described in such paragraph)
and ending on the earlier of--
``(A) the first date on which the manufacturer of such
designated drug and the Secretary of Health and Human Services
have agreed to a maximum fair price under an agreement
described in section 1193(a) of the Social Security Act, or
``(B) the date that the Secretary of Health and Human
Services has made a determination described in section
1192(c)(1) of such Act with respect to such designated drug.
``(3) In the case of any designated drug which is a selected
drug (as defined in section 1192(c) of the Social Security Act)
that the Secretary of Health and Human Services has selected for
renegotiation under section 1194(f) of such Act, the period
beginning on the November 2nd of the year that begins 2 years prior
to the first initial price applicability year of the price
applicability period for which the maximum fair price established
pursuant to such renegotiation applies and ending on the earlier
of--
``(A) the first date on which the manufacturer of such
designated drug has agreed to a renegotiated maximum fair price
under such agreement, or
``(B) the date that the Secretary of Health and Human
Services has made a determination described in section
1192(c)(1) of such Act with respect to such designated drug.
``(4) With respect to information that is required to be
submitted to the Secretary of Health and Human Services under an
agreement described in section 1193(a) of the Social Security Act,
the period beginning on the date on which such Secretary certifies
that such information is overdue and ending on the date that such
information is so submitted.
``(c) Suspension of Tax.--
``(1) In general.--A day shall not be taken into account as a
day during a period described in subsection (b) if such day is also
a day during the period--
``(A) beginning on the first date on which--
``(i) the notice of terminations of all applicable
agreements of the manufacturer have been received by the
Secretary of Health and Human Services, and
``(ii) none of the drugs of the manufacturer of the
designated drug are covered by an agreement under section
1860D-14A or 1860D-14C of the Social Security Act, and
``(B) ending on the last day of February following the
earlier of--
``(i) the first day after the date described in
subparagraph (A) on which the manufacturer enters into any
subsequent applicable agreement, or
``(ii) the first date any drug of the manufacturer of
the designated drug is covered by an agreement under
section 1860D-14A or 1860D-14C of the Social Security Act.
``(2) Applicable agreement.--For purposes of this subsection,
the term `applicable agreement' means the following:
``(A) An agreement under--
``(i) the Medicare coverage gap discount program under
section 1860D-14A of the Social Security Act, or
``(ii) the manufacturer discount program under section
1860D-14C of such Act.
``(B) A rebate agreement described in section 1927(b) of
such Act.
``(d) Applicable Percentage.--For purposes of this section, the
term `applicable percentage' means--
``(1) in the case of sales of a designated drug during the
first 90 days described in subsection (b) with respect to such
drug, 65 percent,
``(2) in the case of sales of such drug during the 91st day
through the 180th day described in subsection (b) with respect to
such drug, 75 percent,
``(3) in the case of sales of such drug during the 181st day
through the 270th day described in subsection (b) with respect to
such drug, 85 percent, and
``(4) in the case of sales of such drug during any subsequent
day, 95 percent.
``(e) Definitions.--For purposes of this section--
``(1) Designated drug.--The term `designated drug' means any
negotiation-eligible drug (as defined in section 1192(d) of the
Social Security Act) included on the list published under section
1192(a) of such Act which is manufactured or produced in the United
States or entered into the United States for consumption, use, or
warehousing.
``(2) United states.--The term `United States' has the meaning
given such term by section 4612(a)(4).
``(3) Other terms.--The terms `initial price applicability
year', `price applicability period', and `maximum fair price' have
the meaning given such terms in section 1191 of the Social Security
Act.
``(f) Special Rules.--
``(1) Coordination with rules for possessions of the united
states.--Rules similar to the rules of paragraphs (2) and (4) of
section 4132(c) shall apply for purposes of this section.
``(2) Anti-abuse rule.--In the case of a sale which was timed
for the purpose of avoiding the tax imposed by this section, the
Secretary may treat such sale as occurring during a day described
in subsection (b).
``(g) Exports.--Rules similar to the rules of section 4662(e)
(other than section 4662(e)(2)(A)(ii)(II)) shall apply for purposes of
this chapter.
``(h) Regulations.--The Secretary shall prescribe such regulations
and other guidance as may be necessary to carry out this section.''.
(b) No Deduction for Excise Tax Payments.--Section 275(a)(6) of the
Internal Revenue Code of 1986 is amended by inserting ``50A,'' after
``46,''.
(c) Clerical Amendment.--The table of chapters for subtitle D of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Chapter 50A--Designated Drugs''.
(d) Effective Date.--The amendments made by this section shall
apply to sales after the date of the enactment of this Act.

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In addition to amounts otherwise available, there is appropriated
to the Centers for Medicare & Medicaid Services, out of any money in
the Treasury not otherwise appropriated, $3,000,000,000 for fiscal year
2022, to remain available until expended, to carry out the provisions
of, including the amendments made by, this part.
PART 2--PRESCRIPTION DRUG INFLATION REBATES

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(a) In General.--Section 1847A of the Social Security Act (42
U.S.C. 1395w-3a) is amended by redesignating subsection (i) as
subsection (j) and by inserting after subsection (h) the following
subsection:
``(i) Rebate by Manufacturers for Single Source Drugs and
Biologicals With Prices Increasing Faster Than Inflation.--
``(1) Requirements.--
``(A) Secretarial provision of information.--Not later than
6 months after the end of each calendar quarter beginning on or
after January 1, 2023, the Secretary shall, for each part B
rebatable drug, report to each manufacturer of such part B
rebatable drug the following for such calendar quarter:
``(i) Information on the total number of units of the
billing and payment code described in subparagraph (A)(i)
of paragraph (3) with respect to such drug and calendar
quarter.
``(ii) Information on the amount (if any) of the excess
average sales price increase described in subparagraph
(A)(ii) of such paragraph for such drug and calendar
quarter.
``(iii) The rebate amount specified under such
paragraph for such part B rebatable drug and calendar
quarter.
``(B) Manufacturer requirement.--For each calendar quarter
beginning on or after January 1, 2023, the manufacturer of a
part B rebatable drug shall, for such drug, not later than 30
days after the date of receipt from the Secretary of the
information described in subparagraph (A) for such calendar
quarter, provide to the Secretary a rebate that is equal to the
amount specified in paragraph (3) for such drug for such
calendar quarter.
``(C) Transition rule for reporting.--The Secretary may,
for each part B rebatable drug, delay the timeframe for
reporting the information described in subparagraph (A) for
calendar quarters beginning in 2023 and 2024 until not later
than September 30, 2025.
``(2) Part b rebatable drug defined.--
``(A) In general.--In this subsection, the term `part B
rebatable drug' means a single source drug or biological (as
defined in subparagraph (D) of subsection (c)(6)), including a
biosimilar biological product (as defined in subparagraph (H)
of such subsection) but excluding a qualifying biosimilar
biological product (as defined in subsection (b)(8)(B)(iii)),
for which payment is made under this part, except such term
shall not include such a drug or biological--
``(i) if, as determined by the Secretary, the average
total allowed charges for such drug or biological under
this part for a year per individual that uses such a drug
or biological are less than, subject to subparagraph (B),
$100; or
``(ii) that is a vaccine described in subparagraph (A)
or (B) of section 1861(s)(10).
``(B) Increase.--The dollar amount applied under
subparagraph (A)(i)--
``(i) for 2024, shall be the dollar amount specified
under such subparagraph for 2023, increased by the
percentage increase in the consumer price index for all
urban consumers (United States city average) for the 12-
month period ending with June of the previous year; and
``(ii) for a subsequent year, shall be the dollar
amount specified in this clause (or clause (i)) for the
previous year (without application of subparagraph (C)),
increased by the percentage increase in the consumer price
index for all urban consumers (United States city average)
for the 12-month period ending with June of the previous
year.
``(C) Rounding.--Any dollar amount determined under
subparagraph (B) that is not a multiple of $10 shall be rounded
to the nearest multiple of $10.
``(3) Rebate amount.--
``(A) In general.--For purposes of paragraph (1), the
amount specified in this paragraph for a part B rebatable drug
assigned to a billing and payment code for a calendar quarter
is, subject to subparagraphs (B) and (G) and paragraph (4), the
estimated amount equal to the product of--
``(i) the total number of units determined under
subparagraph (B) for the billing and payment code of such
drug; and
``(ii) the amount (if any) by which--
``(I) the amount equal to--
``(aa) in the case of a part B rebatable drug
described in paragraph (1)(B) of subsection (b),
106 percent of the amount determined under
paragraph (4) of such section for such drug during
the calendar quarter; or
``(bb) in the case of a part B rebatable drug
described in paragraph (1)(C) of such subsection,
the payment amount under such paragraph for such
drug during the calendar quarter; exceeds
``(II) the inflation-adjusted payment amount
determined under subparagraph (C) for such part B
rebatable drug during the calendar quarter.
``(B) Total number of units.--For purposes of subparagraph
(A)(i), the total number of units for the billing and payment
code with respect to a part B rebatable drug furnished during a
calendar quarter described in subparagraph (A) is equal to--
``(i) the number of units for the billing and payment
code of such drug furnished during such calendar quarter,
minus
``(ii) the number of units for such billing and payment
code of such drug furnished during such calendar quarter--
``(I) with respect to which the manufacturer
provides a discount under the program under section
340B of the Public Health Service Act or a rebate under
section 1927; or
``(II) that are packaged into the payment amount
for an item or service and are not separately payable.
``(C) Determination of inflation-adjusted payment amount.--
The inflation-adjusted payment amount determined under this
subparagraph for a part B rebatable drug for a calendar quarter
is--
``(i) the payment amount for the billing and payment
code for such drug in the payment amount benchmark quarter
(as defined in subparagraph (D)); increased by
``(ii) the percentage by which the rebate period CPI-U
(as defined in subparagraph (F)) for the calendar quarter
exceeds the benchmark period CPI-U (as defined in
subparagraph (E)).
``(D) Payment amount benchmark quarter.--The term `payment
amount benchmark quarter' means the calendar quarter beginning
July 1, 2021.
``(E) Benchmark period cpi-u.--The term `benchmark period
CPI-U' means the consumer price index for all urban consumers
(United States city average) for January 2021.
``(F) Rebate period cpi-u.--The term `rebate period CPI-U'
means, with respect to a calendar quarter described in
subparagraph (C), the greater of the benchmark period CPI-U and
the consumer price index for all urban consumers (United States
city average) for the first month of the calendar quarter that
is two calendar quarters prior to such described calendar
quarter.
``(G) Reduction or waiver for shortages and severe supply
chain disruptions.--The Secretary shall reduce or waive the
amount under subparagraph (A) with respect to a part B
rebatable drug and a calendar quarter--
``(i) in the case of a part B rebatable drug that is
described as currently in shortage on the shortage list in
effect under section 506E of the Federal Food, Drug, and
Cosmetic Act at any point during the calendar quarter; or
``(ii) in the case of a biosimilar biological product,
when the Secretary determines there is a severe supply
chain disruption during the calendar quarter, such as that
caused by a natural disaster or other unique or unexpected
event.
``(4) Special treatment of certain drugs and exemption.--
``(A) Subsequently approved drugs.--In the case of a part B
rebatable drug first approved or licensed by the Food and Drug
Administration after December 1, 2020, clause (i) of paragraph
(3)(C) shall be applied as if the term `payment amount
benchmark quarter' were defined under paragraph (3)(D) as the
third full calendar quarter after the day on which the drug was
first marketed and clause (ii) of paragraph (3)(C) shall be
applied as if the term `benchmark period CPI-U' were defined
under paragraph (3)(E) as if the reference to `January 2021'
under such paragraph were a reference to `the first month of
the first full calendar quarter after the day on which the drug
was first marketed'.
``(B) Timeline for provision of rebates for subsequently
approved drugs.--In the case of a part B rebatable drug first
approved or licensed by the Food and Drug Administration after
December 1, 2020, paragraph (1)(B) shall be applied as if the
reference to `January 1, 2023' under such paragraph were a
reference to `the later of the 6th full calendar quarter after
the day on which the drug was first marketed or January 1,
2023'.
``(C) Selected drugs.--In the case of a part B rebatable
drug that is a selected drug (as defined in section 1192(c))
with respect to a price applicability period (as defined in
section 1191(b)(2)), in the case such drug is no longer
considered to be a selected drug under section 1192(c), for
each applicable period (as defined under subsection (g)(7))
beginning after the price applicability period with respect to
such drug, clause (i) of paragraph (3)(C) shall be applied as
if the term `payment amount benchmark quarter' were defined
under paragraph (3)(D) as the calendar quarter beginning
January 1 of the last year during such price applicability
period with respect to such selected drug and clause (ii) of
paragraph (3)(C) shall be applied as if the term `benchmark
period CPI-U' were defined under paragraph (3)(E) as if the
reference to `January 2021' under such paragraph were a
reference to `the July of the year preceding such last year'.
``(5) Application to beneficiary coinsurance.--In the case of a
part B rebatable drug furnished on or after April 1, 2023, if the
payment amount described in paragraph (3)(A)(ii)(I) (or, in the
case of a part B rebatable drug that is a selected drug (as defined
in section 1192(c)), the payment amount described in subsection
(b)(1)(B) for such drug) for a calendar quarter exceeds the
inflation adjusted payment for such quarter--
``(A) in computing the amount of any coinsurance applicable
under this part to an individual to whom such drug is
furnished, the computation of such coinsurance shall be equal
to 20 percent of the inflation-adjusted payment amount
determined under paragraph (3)(C) for such part B rebatable
drug; and
``(B) the amount of such coinsurance for such calendar
quarter, as computed under subparagraph (A), shall be applied
as a percent, as determined by the Secretary, to the payment
amount that would otherwise apply under subparagraphs (B) or
(C) of subsection (b)(1).
``(6) Rebate deposits.--Amounts paid as rebates under paragraph
(1)(B) shall be deposited into the Federal Supplementary Medical
Insurance Trust Fund established under section 1841.
``(7) Civil money penalty.--If a manufacturer of a part B
rebatable drug has failed to comply with the requirements under
paragraph (1)(B) for such drug for a calendar quarter, the
manufacturer shall be subject to, in accordance with a process
established by the Secretary pursuant to regulations, a civil money
penalty in an amount equal to at least 125 percent of the amount
specified in paragraph (3) for such drug for such calendar quarter.
The provisions of section 1128A (other than subsections (a) (with
respect to amounts of penalties or additional assessments) and (b))
shall apply to a civil money penalty under this paragraph in the
same manner as such provisions apply to a penalty or proceeding
under section 1128A(a).
``(8) Limitation on administrative or judicial review.--There
shall be no administrative or judicial review of any of the
following:
``(A) The determination of units under this subsection.
``(B) The determination of whether a drug is a part B
rebatable drug under this subsection.
``(C) The calculation of the rebate amount under this
subsection.
``(D) The computation of coinsurance under paragraph (5) of
this subsection.
``(E) The computation of amounts paid under section
1833(a)(1)(EE).''.
(b) Amounts Payable; Cost-Sharing.--Section 1833 of the Social
Security Act (42 U.S.C. 1395l) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (G), by inserting ``, subject to
subsection (i)(9),'' after ``the amounts paid'';
(B) in subparagraph (S), by striking ``with respect to''
and inserting ``subject to subparagraph (EE), with respect
to'';
(C) by striking ``and (DD)'' and inserting ``(DD)''; and
(D) by inserting before the semicolon at the end the
following: ``, and (EE) with respect to a part B rebatable drug
(as defined in paragraph (2) of section 1847A(i)) furnished on
or after April 1, 2023, for which the payment amount for a
calendar quarter under paragraph (3)(A)(ii)(I) of such section
(or, in the case of a part B rebatable drug that is a selected
drug (as defined in section 1192(c) for which, the payment
amount described in section 1847A(b)(1)(B)) for such drug for
such quarter exceeds the inflation-adjusted payment under
paragraph (3)(A)(ii)(II) of such section for such quarter, the
amounts paid shall be equal to the percent of the payment
amount under paragraph (3)(A)(ii)(I) of such section or section
1847A(b)(1)(B), as applicable, that equals the difference
between (i) 100 percent, and (ii) the percent applied under
section 1847A(i)(5)(B)'';
(2) in subsection (i), by adding at the end the following new
paragraph:
``(9) In the case of a part B rebatable drug (as defined in
paragraph (2) of section 1847A(i)) for which payment under this
subsection is not packaged into a payment for a service furnished on or
after April 1, 2023, under the revised payment system under this
subsection, in lieu of calculation of coinsurance and the amount of
payment otherwise applicable under this subsection, the provisions of
section 1847A(i)(5) and paragraph (1)(EE) of subsection (a), shall, as
determined appropriate by the Secretary, apply under this subsection in
the same manner as such provisions of section 1847A(i)(5) and
subsection (a) apply under such section and subsection.''; and
(3) in subsection (t)(8), by adding at the end the following
new subparagraph:
``(F) Part b rebatable drugs.--In the case of a part B
rebatable drug (as defined in paragraph (2) of section
1847A(i), except if such drug does not have a copayment amount
as a result of application of subparagraph (E)) for which
payment under this part is not packaged into a payment for a
covered OPD service (or group of services) furnished on or
after April 1, 2023, and the payment for such drug under this
subsection is the same as the amount for a calendar quarter
under paragraph (3)(A)(ii)(I) of section 1847A(i), under the
system under this subsection, in lieu of calculation of the
copayment amount and the amount of payment otherwise applicable
under this subsection (other than the application of the
limitation described in subparagraph (C)), the provisions of
section 1847A(i)(5) and paragraph (1)(EE) of subsection (a),
shall, as determined appropriate by the Secretary, apply under
this subsection in the same manner as such provisions of
section 1847A(i)(5) and subsection (a) apply under such section
and subsection.''.
(c) Conforming Amendments.--
(1) To part b asp calculation.--Section 1847A(c)(3) of the
Social Security Act (42 U.S.C. 1395w-3a(c)(3)) is amended by
inserting ``subsection (i) or'' before ``section 1927''.
(2) Excluding part b drug inflation rebate from best price.--
Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C.
1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``or section
1847A(i)'' after ``this section''.
(3) Coordination with medicaid rebate information disclosure.--
Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C.
1396r-8(b)(3)(D)(i)) is amended by inserting ``and the rebate''
after ``the payment amount''.
(4) Excluding part b drug inflation rebates from average
manufacturer price.--Section 1927(k)(1)(B)(i) of the Social
Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)), as amended by section
11001(b)(3), is amended--
(A) in subclause (V), by striking ``and'' at the end;
(B) in subclause (VI), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new subclause:
``(VII) rebates paid by manufacturers under section
1847A(i); and''.
(d) Funding.--In addition to amounts otherwise available, there are
appropriated to the Centers for Medicare & Medicaid Services, out of
any money in the Treasury not otherwise appropriated, $80,000,000 for
fiscal year 2022, including $12,500,000 to carry out the provisions of,
including the amendments made by, this section in fiscal year 2022, and
$7,500,000 to carry out the provisions of, including the amendments
made by, this section in each of fiscal years 2023 through 2031, to
remain available until expended.

ae57a3e7399b504fdf45e0fb552ac5c8418be656f203f8c4f15029c3f4b6c5ef

(a) In General.--Part D of title XVIII of the Social Security Act
is amended by inserting after section 1860D-14A (42 U.S.C. 1395w-114a)
the following new section:
``SEC. 1860D-14B. MANUFACTURER REBATE FOR CERTAIN DRUGS WITH PRICES
INCREASING FASTER THAN INFLATION.
``(a) Requirements.--
``(1) Secretarial provision of information.--Not later than 9
months after the end of each applicable period (as defined in
subsection (g)(7)), subject to paragraph (3), the Secretary shall,
for each part D rebatable drug, report to each manufacturer of such
part D rebatable drug the following for such period:
``(A) The amount (if any) of the excess annual manufacturer
price increase described in subsection (b)(1)(A)(ii) for each
dosage form and strength with respect to such drug and period.
``(B) The rebate amount specified under subsection (b) for
each dosage form and strength with respect to such drug and
period.
``(2) Manufacturer requirements.--For each applicable period,
the manufacturer of a part D rebatable drug, for each dosage form
and strength with respect to such drug, not later than 30 days
after the date of receipt from the Secretary of the information
described in paragraph (1) for such period, shall provide to the
Secretary a rebate that is equal to the amount specified in
subsection (b) for such dosage form and strength with respect to
such drug for such period.
``(3) Transition rule for reporting.--The Secretary may, for
each rebatable covered part D drug, delay the timeframe for
reporting the information and rebate amount described in
subparagraphs (A) and (B) of such paragraph for the applicable
periods beginning October 1, 2022, and October 1, 2023, until not
later than December 31, 2025.
``(b) Rebate Amount.--
``(1) In general.--
``(A) Calculation.--For purposes of this section, the
amount specified in this subsection for a dosage form and
strength with respect to a part D rebatable drug and applicable
period is, subject to subparagraph (C), paragraph (5)(B), and
paragraph (6), the estimated amount equal to the product of--
``(i) subject to subparagraph (B) of this paragraph,
the total number of units of such dosage form and strength
for each rebatable covered part D drug dispensed under this
part during the applicable period; and
``(ii) the amount (if any) by which--
``(I) the annual manufacturer price (as determined
in paragraph (2)) paid for such dosage form and
strength with respect to such part D rebatable drug for
the period; exceeds
``(II) the inflation-adjusted payment amount
determined under paragraph (3) for such dosage form and
strength with respect to such part D rebatable drug for
the period.
``(B) Excluded units.--For purposes of subparagraph (A)(i),
beginning with plan year 2026, the Secretary shall exclude from
the total number of units for a dosage form and strength with
respect to a part D rebatable drug, with respect to an
applicable period, units of each dosage form and strength of
such part D rebatable drug for which the manufacturer provides
a discount under the program under section 340B of the Public
Health Service Act.
``(C) Reduction or waiver for shortages and severe supply
chain disruptions.--The Secretary shall reduce or waive the
amount under subparagraph (A) with respect to a part D
rebatable drug and an applicable period--
``(i) in the case of a part D rebatable drug that is
described as currently in shortage on the shortage list in
effect under section 506E of the Federal Food, Drug, and
Cosmetic Act at any point during the applicable period;
``(ii) in the case of a generic part D rebatable drug
(described in subsection (g)(1)(C)(ii)) or a biosimilar
(defined as a biological product licensed under section
351(k) of the Public Health Service Act), when the
Secretary determines there is a severe supply chain
disruption during the applicable period, such as that
caused by a natural disaster or other unique or unexpected
event; and
``(iii) in the case of a generic Part D rebatable drug
(as so described), if the Secretary determines that without
such reduction or waiver, the drug is likely to be
described as in shortage on such shortage list during a
subsequent applicable period.
``(2) Determination of annual manufacturer price.--The annual
manufacturer price determined under this paragraph for a dosage
form and strength, with respect to a part D rebatable drug and an
applicable period, is the sum of the products of--
``(A) the average manufacturer price (as defined in
subsection (g)(6)) of such dosage form and strength, as
calculated for a unit of such drug, with respect to each of the
calendar quarters of such period; and
``(B) the ratio of--
``(i) the total number of units of such dosage form and
strength reported under section 1927 with respect to each
such calendar quarter of such period; to
``(ii) the total number of units of such dosage form
and strength reported under section 1927 with respect to
such period, as determined by the Secretary.
``(3) Determination of inflation-adjusted payment amount.--The
inflation-adjusted payment amount determined under this paragraph
for a dosage form and strength with respect to a part D rebatable
drug for an applicable period, subject to paragraph (5), is--
``(A) the benchmark period manufacturer price determined
under paragraph (4) for such dosage form and strength with
respect to such drug and period; increased by
``(B) the percentage by which the applicable period CPI-U
(as defined in subsection (g)(5)) for the period exceeds the
benchmark period CPI-U (as defined in subsection (g)(4)).
``(4) Determination of benchmark period manufacturer price.--
The benchmark period manufacturer price determined under this
paragraph for a dosage form and strength, with respect to a part D
rebatable drug and an applicable period, is the sum of the products
of--
``(A) the average manufacturer price (as defined in
subsection (g)(6)) of such dosage form and strength, as
calculated for a unit of such drug, with respect to each of the
calendar quarters of the payment amount benchmark period (as
defined in subsection (g)(3)); and
``(B) the ratio of--
``(i) the total number of units reported under section
1927 of such dosage form and strength with respect to each
such calendar quarter of such payment amount benchmark
period; to
``(ii) the total number of units reported under section
1927 of such dosage form and strength with respect to such
payment amount benchmark period.
``(5) Special treatment of certain drugs and exemption.--
``(A) Subsequently approved drugs.--In the case of a part D
rebatable drug first approved or licensed by the Food and Drug
Administration after October 1, 2021, subparagraphs (A) and (B)
of paragraph (4) shall be applied as if the term `payment
amount benchmark period' were defined under subsection (g)(3)
as the first calendar year beginning after the day on which the
drug was first marketed and subparagraph (B) of paragraph (3)
shall be applied as if the term `benchmark period CPI-U' were
defined under subsection (g)(4) as if the reference to `January
2021' under such subsection were a reference to `January of the
first year beginning after the date on which the drug was first
marketed'.
``(B) Treatment of new formulations.--
``(i) In general.--In the case of a part D rebatable
drug that is a line extension of a part D rebatable drug
that is an oral solid dosage form, the Secretary shall
establish a formula for determining the rebate amount under
paragraph (1) and the inflation adjusted payment amount
under paragraph (3) with respect to such part D rebatable
drug and an applicable period, consistent with the formula
applied under subsection (c)(2)(C) of section 1927 for
determining a rebate obligation for a rebate period under
such section.
``(ii) Line extension defined.--In this subparagraph,
the term `line extension' means, with respect to a part D
rebatable drug, a new formulation of the drug, such as an
extended release formulation, but does not include an
abuse-deterrent formulation of the drug (as determined by
the Secretary), regardless of whether such abuse-deterrent
formulation is an extended release formulation.
``(C) Selected drugs.--In the case of a part D rebatable
drug that is a selected drug (as defined in section 1192(c))
with respect to a price applicability period (as defined in
section 1191(b)(2)), in the case such drug is no longer
considered to be a selected drug under section 1192(c), for
each applicable period (as defined under subsection (g)(7))
beginning after the price applicability period with respect to
such drug, subparagraphs (A) and (B) of paragraph (4) shall be
applied as if the term `payment amount benchmark period' were
defined under subsection (g)(3) as the last year beginning
during such price applicability period with respect to such
selected drug and subparagraph (B) of paragraph (3) shall be
applied as if the term `benchmark period CPI-U' were defined
under subsection (g)(4) as if the reference to `January 2021'
under such subsection were a reference to `January of the last
year beginning during such price applicability period with
respect to such drug'.
``(6) Reconciliation in case of revised information.--The
Secretary shall provide for a method and process under which, in
the case where a PDP sponsor of a prescription drug plan or an MA
organization offering an MA-PD plan submits revisions to the number
of units of a rebatable covered part D drug dispensed, the
Secretary determines, pursuant to such revisions, adjustments, if
any, to the calculation of the amount specified in this subsection
for a dosage form and strength with respect to such part D
rebatable drug and an applicable period and reconciles any
overpayments or underpayments in amounts paid as rebates under this
subsection. Any identified underpayment shall be rectified by the
manufacturer not later than 30 days after the date of receipt from
the Secretary of information on such underpayment.
``(c) Rebate Deposits.--Amounts paid as rebates under subsection
(b) shall be deposited into the Medicare Prescription Drug Account in
the Federal Supplementary Medical Insurance Trust Fund established
under section 1841.
``(d) Information.--For purposes of carrying out this section, the
Secretary shall use information submitted by--
``(1) manufacturers under section 1927(b)(3);
``(2) States under section 1927(b)(2)(A); and
``(3) PDP sponsors of prescription drug plans and MA
organization offering MA-PD plans under this part.
``(e) Civil Money Penalty.--If a manufacturer of a part D rebatable
drug has failed to comply with the requirement under subsection (a)(2)
with respect to such drug for an applicable period, the manufacturer
shall be subject to a civil money penalty in an amount equal to 125
percent of the amount specified in subsection (b) for such drug for
such period. The provisions of section 1128A (other than subsections
(a) (with respect to amounts of penalties or additional assessments)
and (b)) shall apply to a civil money penalty under this subsection in
the same manner as such provisions apply to a penalty or proceeding
under section 1128A(a).
``(f) Limitation on Administrative or Judicial Review.--There shall
be no administrative or judicial review of any of the following:
``(1) The determination of units under this section.
``(2) The determination of whether a drug is a part D rebatable
drug under this section.
``(3) The calculation of the rebate amount under this section.
``(g) Definitions.--In this section:
``(1) Part d rebatable drug.--
``(A) In general.--Except as provided in subparagraph (B),
the term `part D rebatable drug' means, with respect to an
applicable period, a drug or biological described in
subparagraph (C) that is a covered part D drug (as such term is
defined under section 1860D-2(e)).
``(B) Exclusion.--
``(i) In general.--Such term shall, with respect to an
applicable period, not include a drug or biological if the
average annual total cost under this part for such period
per individual who uses such a drug or biological, as
determined by the Secretary, is less than, subject to
clause (ii), $100, as determined by the Secretary using the
most recent data available or, if data is not available, as
estimated by the Secretary.
``(ii) Increase.--The dollar amount applied under
clause (i)--
``(I) for the applicable period beginning October
1, 2023, shall be the dollar amount specified under
such clause for the applicable period beginning October
1, 2022, increased by the percentage increase in the
consumer price index for all urban consumers (United
States city average) for the 12-month period beginning
with October of 2023; and
``(II) for a subsequent applicable period, shall be
the dollar amount specified in this clause for the
previous applicable period, increased by the percentage
increase in the consumer price index for all urban
consumers (United States city average) for the 12-month
period beginning with October of the previous period.
Any dollar amount specified under this clause that is not a
multiple of $10 shall be rounded to the nearest multiple of
$10.
``(C) Drug or biological described.--A drug or biological
described in this subparagraph is a drug or biological that, as
of the first day of the applicable period involved, is--
``(i) a drug approved under a new drug application
under section 505(c) of the Federal Food, Drug, and
Cosmetic Act;
``(ii) a drug approved under an abbreviated new drug
application under section 505(j) of the Federal Food, Drug,
and Cosmetic Act, in the case where--
``(I) the reference listed drug approved under
section 505(c) of the Federal Food, Drug, and Cosmetic
Act, including any `authorized generic drug' (as that
term is defined in section 505(t)(3) of the Federal
Food, Drug, and Cosmetic Act), is not being marketed,
as identified in the Food and Drug Administration's
National Drug Code Directory;
``(II) there is no other drug approved under
section 505(j) of the Federal Food, Drug, and Cosmetic
Act that is rated as therapeutically equivalent (under
the Food and Drug Administration's most recent
publication of `Approved Drug Products with Therapeutic
Equivalence Evaluations') and that is being marketed,
as identified in the Food and Drug Administration's
National Drug Code Directory;
``(III) the manufacturer is not a `first applicant'
during the `180-day exclusivity period', as those terms
are defined in section 505(j)(5)(B)(iv) of the Federal
Food, Drug, and Cosmetic Act; and
``(IV) the manufacturer is not a `first approved
applicant' for a competitive generic therapy, as that
term is defined in section 505(j)(5)(B)(v) of the
Federal Food, Drug, and Cosmetic Act; or
``(iii) a biological licensed under section 351 of the
Public Health Service Act.
``(2) Unit.--The term `unit' means, with respect to a part D
rebatable drug, the lowest dispensable amount (such as a capsule or
tablet, milligram of molecules, or grams) of the part D rebatable
drug, as reported under section 1927.
``(3) Payment amount benchmark period.--The term `payment
amount benchmark period' means the period beginning January 1,
2021, and ending in the month immediately prior to October 1, 2021.
``(4) Benchmark period cpi-u.--The term `benchmark period CPI-
U' means the consumer price index for all urban consumers (United
States city average) for January 2021.
``(5) Applicable period cpi-u.--The term `applicable period
CPI-U' means, with respect to an applicable period, the consumer
price index for all urban consumers (United States city average)
for the first month of such applicable period.
``(6) Average manufacturer price.--The term `average
manufacturer price' has the meaning, with respect to a part D
rebatable drug of a manufacturer, given such term in section
1927(k)(1), with respect to a covered outpatient drug of a
manufacturer for a rebate period under section 1927.
``(7) Applicable period.--The term `applicable period' means a
12-month period beginning with October 1 of a year (beginning with
October 1, 2022).
``(h) Implementation for 2022, 2023, and 2024.--The Secretary shall
implement this section for 2022, 2023, and 2024 by program instruction
or other forms of program guidance.''.
(b) Conforming Amendments.--
(1) To part b asp calculation.--Section 1847A(c)(3) of the
Social Security Act (42 U.S.C. 1395w-3a(c)(3)), as amended by
section 11101(c)(1), is amended by striking ``subsection (i) or
section 1927'' and inserting ``subsection (i), section 1927, or
section 1860D-14B''.
(2) Excluding part d drug inflation rebate from best price.--
Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C.
1396r-8(c)(1)(C)(ii)(I)), as amended by section 11101(c)(2), is
amended by striking ``or section 1847A(i)'' and inserting ``,
section 1847A(i), or section 1860D-14B''.
(3) Coordination with medicaid rebate information disclosure.--
Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C.
1396r-8(b)(3)(D)(i)), as amended by sections 11002(b) and
11101(c)(3), is amended by striking ``or section 1192(f), including
rebates under paragraph (4) of such section'' and inserting ``,
section 1192(f), including rebates under paragraph (4) of such
section, or section 1860D-14B''.
(4) Excluding part d drug inflation rebates from average
manufacturer price.--Section 1927(k)(1)(B)(i) of the Social
Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)), as amended by section
11001(b)(3) and section 11101(c)(4), is amended by adding at the
end the following new subclause:
(A) in subclause (VI), by striking ``and'' at the end;
(B) in subclause (VII), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new subclause:
``(VIII) rebates paid by manufacturers under
section 1860D-14B.''.
(c) Funding.--In addition to amounts otherwise available, there are
appropriated to the Centers for Medicare & Medicaid Services, out of
any money in the Treasury not otherwise appropriated, $80,000,000 for
fiscal year 2022, including $12,500,000 to carry out the provisions of,
including the amendments made by, this section in fiscal year 2022, and
$7,500,000 to carry out the provisions of, including the amendments
made by, this section in each of fiscal years 2023 through 2031, to
remain available until expended.
PART 3--PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE
BENEFICIARIES

3b821f184468539e43d85e54e7b770f22e7e46f72986b5af5cf6efa83bdd59c0

dbe935aea1ee50885522c237378f092ed3992ada8c1ba97768c3d3ed62b0f6c3

PRESCRIPTION DRUG PLANS AND MA-PD PLANS.
(a) In General.--Section 1860D-2(b) of the Social Security Act (42
U.S.C. 1395w-102(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``and (D)'' and
inserting ``, (D), and (E)''; and
(B) by adding at the end the following new subparagraph:
``(E) Maximum monthly cap on cost-sharing payments.--
``(i) In general.--For plan years beginning on or after
January 1, 2025, each PDP sponsor offering a prescription
drug plan and each MA organization offering an MA-PD plan
shall provide to any enrollee of such plan, including an
enrollee who is a subsidy eligible individual (as defined
in paragraph (3) of section 1860D-14(a)), the option to
elect with respect to a plan year to pay cost-sharing under
the plan in monthly amounts that are capped in accordance
with this subparagraph.
``(ii) Determination of maximum monthly cap.--For each
month in the plan year for which an enrollee in a
prescription drug plan or an MA-PD plan has made an
election pursuant to clause (i), the PDP sponsor or MA
organization shall determine a maximum monthly cap (as
defined in clause (iv)) for such enrollee.
``(iii) Beneficiary monthly payments.--With respect to
an enrollee who has made an election pursuant to clause
(i), for each month described in clause (ii), the PDP
sponsor or MA organization shall bill such enrollee an
amount (not to exceed the maximum monthly cap) for the out-
of-pocket costs of such enrollee in such month.
``(iv) Maximum monthly cap defined.--In this
subparagraph, the term `maximum monthly cap' means, with
respect to an enrollee--
``(I) for the first month for which the enrollee
has made an election pursuant to clause (i), an amount
determined by calculating--
``(aa) the annual out-of-pocket threshold
specified in paragraph (4)(B) minus the incurred
costs of the enrollee as described in paragraph
(4)(C); divided by
``(bb) the number of months remaining in the
plan year; and
``(II) for a subsequent month, an amount determined
by calculating--
``(aa) the sum of any remaining out-of-pocket
costs owed by the enrollee from a previous month
that have not yet been billed to the enrollee and
any additional out-of-pocket costs incurred by the
enrollee; divided by
``(bb) the number of months remaining in the
plan year.
``(v) Additional requirements.--The following
requirements shall apply with respect to the option to make
an election pursuant to clause (i) under this subparagraph:
``(I) Secretarial responsibilities.--The Secretary
shall provide information to part D eligible
individuals on the option to make such election through
educational materials, including through the notices
provided under section 1804(a).
``(II) Timing of election.--An enrollee in a
prescription drug plan or an MA-PD plan may make such
an election--
``(aa) prior to the beginning of the plan year;
or
``(bb) in any month during the plan year.
``(III) Pdp sponsor and ma organization
responsibilities.--Each PDP sponsor offering a
prescription drug plan or MA organization offering an
MA-PD plan--
``(aa) may not limit the option for an enrollee
to make such an election to certain covered part D
drugs;
``(bb) shall, prior to the plan year, notify
prospective enrollees of the option to make such an
election in promotional materials;
``(cc) shall include information on such option
in enrollee educational materials;
``(dd) shall have in place a mechanism to
notify a pharmacy during the plan year when an
enrollee incurs out-of-pocket costs with respect to
covered part D drugs that make it likely the
enrollee may benefit from making such an election;
``(ee) shall provide that a pharmacy, after
receiving a notification described in item (dd)
with respect to an enrollee, informs the enrollee
of such notification;
``(ff) shall ensure that such an election by an
enrollee has no effect on the amount paid to
pharmacies (or the timing of such payments) with
respect to covered part D drugs dispensed to the
enrollee; and
``(gg) shall have in place a financial
reconciliation process to correct inaccuracies in
payments made by an enrollee under this
subparagraph with respect to covered part D drugs
during the plan year.
``(IV) Failure to pay amount billed.--If an
enrollee fails to pay the amount billed for a month as
required under this subparagraph--
``(aa) the election of the enrollee pursuant to
clause (i) shall be terminated and the enrollee
shall pay the cost-sharing otherwise applicable for
any covered part D drugs subsequently dispensed to
the enrollee up to the annual out-of-pocket
threshold specified in paragraph (4)(B); and
``(bb) the PDP sponsor or MA organization may
preclude the enrollee from making an election
pursuant to clause (i) in a subsequent plan year.
``(V) Clarification regarding past due amounts.--
Nothing in this subparagraph shall be construed as
prohibiting a PDP sponsor or an MA organization from
billing an enrollee for an amount owed under this
subparagraph.
``(VI) Treatment of unsettled balances.--Any
unsettled balances with respect to amounts owed under
this subparagraph shall be treated as plan losses and
the Secretary shall not be liable for any such balances
outside of those assumed as losses estimated in plan
bids.''; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``subparagraph (E)''
and inserting ``subparagraph (E) or subparagraph (F)''; and
(B) by adding at the end the following new subparagraph:
``(F) Inclusion of costs paid under maximum monthly cap
option.--In applying subparagraph (A), with respect to an
enrollee who has made an election pursuant to clause (i) of
paragraph (2)(E), costs shall be treated as incurred if such
costs are paid by a PDP sponsor or an MA organization under the
option provided under such paragraph.''.
(b) Application to Alternative Prescription Drug Coverage.--Section
1860D-2(c) of the Social Security Act (42 U.S.C. 1395w-102(c)) is
amended by adding at the end the following new paragraph:
``(4) Same maximum monthly cap on cost-sharing.--The maximum
monthly cap on cost-sharing payments shall apply to coverage with
respect to an enrollee who has made an election pursuant to clause
(i) of subsection (b)(2)(E) under the option provided under such
subsection.''.
(c) Implementation for 2025.--The Secretary shall implement this
section, including the amendments made by this section, for 2025 by
program instruction or other forms of program guidance.
(d) Funding.--In addition to amounts otherwise available, there are
appropriated to the Centers for Medicare & Medicaid Services, out of
any money in the Treasury not otherwise appropriated, $10,000,000 for
fiscal year 2023, to remain available until expended, to carry out the
provisions of, including the amendments made by, this section.
PART 4--CONTINUED DELAY OF IMPLEMENTATION OF PRESCRIPTION DRUG REBATE
RULE

b11b946920b76d61663ad7e19d4146cffd432c05b81314c9224ad3b6ad9b2687

TO ELIMINATING THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR
PRESCRIPTION DRUG REBATES.
The Secretary of Health and Human Services shall not, prior to
January 1, 2032, implement, administer, or enforce the provisions of
the final rule published by the Office of the Inspector General of the
Department of Health and Human Services on November 30, 2020, and
titled ``Fraud and Abuse; Removal of Safe Harbor Protection for Rebates
Involving Prescription Pharmaceuticals and Creation of New Safe Harbor
Protection for Certain Point-of-Sale Reductions in Price on
Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager
Service Fees'' (85 Fed. Reg. 76666).
PART 5--MISCELLANEOUS

3f86fac50ac4d56ca89f36996afc8d371856f51bfe1ee9613b33ecc691922519

COMMITTEE ON IMMUNIZATION PRACTICES UNDER MEDICARE PART D.
(a) Ensuring Treatment of Cost-sharing and Deductible Is Consistent
With Treatment of Vaccines Under Medicare Part B.--Section 1860D-2 of
the Social Security Act (42 U.S.C. 1395w-102), as amended by sections
11201 and 11202, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by striking ``The coverage'' and
inserting ``Subject to paragraph (8), the coverage'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and paragraph
(8)'' after ``and (E)'';
(ii) in subparagraph (C)(i), in the matter preceding
subclause (I), by striking ``paragraph (4)'' and inserting
``paragraphs (4) and (8)''; and
(iii) in subparagraph (D)(i), in the matter preceding
subclause (I), by striking ``paragraph (4)'' and inserting
``paragraphs (4) and (8)'';
(C) in paragraph (3)(A), in the matter preceding clause
(i), by striking ``and (4)'' and inserting ``(4), and (8)'';
(D) in paragraph (4)(A)(i), by striking ``The coverage''
and inserting ``Subject to paragraph (8), the coverage''; and
(E) by adding at the end the following new paragraph:
``(8) Treatment of cost-sharing for adult vaccines recommended
by the advisory committee on immunization practices consistent with
treatment of vaccines under part b.--
``(A) In general.--For plan years beginning on or after
January 1, 2023, with respect to an adult vaccine recommended
by the Advisory Committee on Immunization Practices (as defined
in subparagraph (B))--
``(i) the deductible under paragraph (1) shall not
apply; and
``(ii) there shall be no coinsurance or other cost-
sharing under this part with respect to such vaccine.
``(B) Adult vaccines recommended by the advisory committee
on immunization practices.--For purposes of this paragraph, the
term `adult vaccine recommended by the Advisory Committee on
Immunization Practices' means a covered part D drug that is a
vaccine licensed under section 351 of the Public Health Service
Act for use by adult populations and administered in accordance
with recommendations of the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention.'';
and
(2) in subsection (c), by adding at the end the following new
paragraph:
``(5) Treatment of cost-sharing for adult vaccines recommended
by the advisory committee on immunization practices.--The coverage
is in accordance with subsection (b)(8).''.
(b) Conforming Amendments to Cost-sharing for Low-income
Individuals.--Section 1860D-14(a) of the Social Security Act (42 U.S.C.
1395w-114(a)), as amended by section 11201, is amended--
(1) in paragraph (1)(D), in each of clauses (ii) and (iii), by
striking ``In the case'' and inserting ``Subject to paragraph (6),
in the case'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``A reduction'' and
inserting ``Subject to section 1860D-2(b)(8), a reduction'';
(B) in subparagraph (D), by striking ``The substitution''
and inserting ``Subject to paragraph (6), the substitution'';
and
(C) in subparagraph (E), by striking ``subsection (c)'' and
inserting ``paragraph (6) of this subsection and subsection
(c)''; and
(3) by adding at the end the following new paragraph:
``(6) No application of cost-sharing or deductible for adult
vaccines recommended by the advisory committee on immunization
practices.--For plan years beginning on or after January 1, 2023,
with respect to an adult vaccine recommended by the Advisory
Committee on Immunization Practices (as defined in section 1860D-
2(b)(8)(B))--
``(A) the deductible under section 1860D-2(b)(1) shall not
apply; and
``(B) there shall be no cost-sharing under this section
with respect to such vaccine.''.
(c) Temporary Retrospective Subsidy.--
(1) In general.--Section 1860D-15 of the Social Security Act
(42 U.S.C. 1395w-115) is amended by adding at the end the following
new subsection:
``(h) Temporary Retrospective Subsidy for Reduction in Cost-sharing
and Deductible for Adult Vaccines Recommended by the Advisory Committee
on Immunization Practices During 2023.--
``(1) In general.--In addition to amounts otherwise payable
under this section to a PDP sponsor of a prescription drug plan or
an MA organization offering an MA-PD plan, for plan year 2023, the
Secretary shall provide the PDP sponsor or MA organization offering
the plan subsidies in an amount equal to the aggregate reduction in
cost-sharing and deductible by reason of the application of section
1860D-2(b)(8) for individuals under the plan during the year.
``(2) Timing.--The Secretary shall provide a subsidy under
paragraph (1), as applicable, not later than 18 months following
the end of the applicable plan year.''.
(2) Treatment as incurred costs.--Section 1860D-
2(b)(4)(C)(iii)(I) of the Social Security Act (42 U.S.C. 1395w-
102(b)(4)(C)(iii)(I)), as amended by section 11201(a)(3)(C), is
amended--
(A) in item (cc), by striking ``or'' at the end; and
(B) by adding at the end the following new item:
``(dd) under section 1860D-15(h); or''.
(d) Rule of Construction.--Nothing in this section shall be
construed as limiting coverage under part D of title XVIII of the
Social Security Act for vaccines that are not recommended by the
Advisory Committee on Immunization Practices.
(e) Implementation for 2023 Through 2025.--The Secretary shall
implement this section, including the amendments made by this section,
for 2023, 2024, and 2025, by program instruction or other forms of
program guidance.

9d58f658f668f5a93d244c70cd4cf110482f9690ad50bc3e83a0fa940907e296

PERIOD.
Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(4)) is amended--
(1) in each of subparagraphs (A) and (B), by redesignating
clauses (i) and (ii) as subclauses (I) and (II), respectively, and
moving such subclauses 2 ems to the right;
(2) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii) and moving such clauses 2 ems to the right;
(3) by striking ``unavailable.--In the case'' and inserting
``unavailable.--
``(A) In general.--Subject to subparagraph (B), in the
case''; and
(4) by adding at the end the following new subparagraph:
``(B) Limitation on payment amount for biosimilar
biological products during initial period.--In the case of a
biosimilar biological product furnished on or after July 1,
2024, during the initial period described in subparagraph (A)
with respect to the biosimilar biological product, the amount
payable under this section for the biosimilar biological
product is the lesser of the following:
``(i) The amount determined under clause (ii) of such
subparagraph for the biosimilar biological product.
``(ii) The amount determined under subsection (b)(1)(B)
for the reference biological product.''.

ebe6a75dccd6e670f77b095b7a15353a0a3280e5368a9c50a88b3de098b8a23b

BIOSIMILAR BIOLOGICAL PRODUCTS.
Section 1847A(b)(8) of the Social Security Act (42 U.S.C. 1395w-
3a(b)(8)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively, and moving the margin of each such
redesignated clause 2 ems to the right;
(2) by striking ``product.--The amount'' and inserting the
following: ``product.--
``(A) In general.--Subject to subparagraph (B), the
amount''; and
(3) by adding at the end the following new subparagraph:
``(B) Temporary payment increase.--
``(i) In general.--In the case of a qualifying
biosimilar biological product that is furnished during the
applicable 5-year period for such product, the amount
specified in this paragraph for such product with respect
to such period is the sum determined under subparagraph
(A), except that clause (ii) of such subparagraph shall be
applied by substituting `8 percent' for `6 percent'.
``(ii) Applicable 5-year period.--For purposes of
clause (i), the applicable 5-year period for a qualifying
biosimilar biological product is--
``(I) in the case of such a product for which
payment was made under this paragraph as of September
30, 2022, the 5-year period beginning on October 1,
2022; and
``(II) in the case of such a product for which
payment is first made under this paragraph during a
calendar quarter during the period beginning October 1,
2022, and ending December 31, 2027, the 5-year period
beginning on the first day of such calendar quarter
during which such payment is first made.
``(iii) Qualifying biosimilar biological product
defined.--For purposes of this subparagraph, the term
`qualifying biosimilar biological product' means a
biosimilar biological product described in paragraph (1)(C)
with respect to which--
``(I) in the case of a product described in clause
(ii)(I), the average sales price under paragraph
(8)(A)(i) for a calendar quarter during the 5-year
period described in such clause is not more than the
average sales price under paragraph (4)(A) for such
quarter for the reference biological product; and
``(II) in the case of a product described in clause
(ii)(II), the average sales price under paragraph
(8)(A)(i) for a calendar quarter during the 5-year
period described in such clause is not more than the
average sales price under paragraph (4)(A) for such
quarter for the reference biological product.''.

57fd66bb3aa49df31d1e3b039a6f92ef0244267434c3cbd33b8d16fc17249361

OF THE MEDICARE PROGRAM.
Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-
114(a)), as amended by sections 11201 and 11401, is amended--
(1) in the subsection heading, by striking ``Individuals'' and
all that follows through ``Line'' and inserting ``Certain
Individuals'';
(2) in paragraph (1)--
(A) by striking the paragraph heading and inserting
``Individuals with certain low incomes''; and
(B) in the matter preceding subparagraph (A)--
(i) by inserting ``(or, with respect to a plan year
beginning on or after January 1, 2024, 150 percent)'' after
``135 percent''; and
(ii) by inserting ``(or, with respect to a plan year
beginning on or after January 1, 2024, paragraph (3)(E))''
after ``the resources requirement described in paragraph
(3)(D)''; and
(3) in paragraph (2)--
(A) by striking the paragraph heading and inserting ``Other
low-income individuals''; and
(B) in the matter preceding subparagraph (A), by striking
``In the case of a subsidy'' and inserting ``With respect to a
plan year beginning before January 1, 2024, in the case of a
subsidy''.

727803392ddadbc1dd623ea2762fd7b5e3f85fe4414a9a85bad473e97cd51e0b

(a) Medicaid.--
(1) Requiring coverage of adult vaccinations.--
(A) In general.--Section 1902(a)(10)(A) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended in the
matter preceding clause (i) by inserting ``(13)(B),'' after
``(5),''.
(B) Medically needy.--Section 1902(a)(10)(C)(iv) of such
Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by inserting ``,
(13)(B),'' after ``(5)''.
(2) No cost sharing for vaccinations.--
(A) General cost-sharing limitations.--Section 1916 of the
Social Security Act (42 U.S.C. 1396o) is amended--
(i) in subsection (a)(2)--
(I) in subparagraph (G), by inserting a comma after
``State plan'';
(II) in subparagraph (H), by striking ``; or'' and
inserting a comma;
(III) in subparagraph (I), by striking ``; and''
and inserting ``, or''; and
(IV) by adding at the end the following new
subparagraph:
``(J) vaccines described in section 1905(a)(13)(B) and the
administration of such vaccines; and''; and
(ii) in subsection (b)(2)--
(I) in subparagraph (G), by inserting a comma after
``State plan'';
(II) in subparagraph (H), by striking ``; or'' and
inserting a comma;
(III) in subparagraph (I), by striking ``; and''
and inserting ``, or''; and
(IV) by adding at the end the following new
subparagraph:
``(J) vaccines described in section 1905(a)(13)(B) and the
administration of such vaccines; and''.
(B) Application to alternative cost sharing.--Section
1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
1(b)(3)(B)) is amended by adding at the end the following new
clause:
``(xiv) Vaccines described in section 1905(a)(13)(B)
and the administration of such vaccines.''.
(3) Increased fmap for adult vaccines and their
administration.--Section 1905(b) of the Social Security Act (42
U.S.C. 1396d(b)) is amended--
(A) by striking ``and (5)'' and inserting ``(5)'';
(B) by striking ``services and vaccines described in
subparagraphs (A) and (B) of subsection (a)(13), and prohibits
cost-sharing for such services and vaccines'' and inserting
``services described in subsection (a)(13)(A), and prohibits
cost-sharing for such services'';
(C) by striking ``medical assistance for such services and
vaccines'' and inserting ``medical assistance for such
services''; and
(D) by inserting ``, and (6) during the first 8 fiscal
quarters beginning on or after the effective date of this
clause, in the case of a State which, as of the date of
enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14',
provides medical assistance for vaccines described in
subsection (a)(13)(B) and their administration and prohibits
cost-sharing for such vaccines, the Federal medical assistance
percentage, as determined under this subsection and subsection
(y), shall be increased by 1 percentage point with respect to
medical assistance for such vaccines and their administration''
before the first period.
(b) CHIP.--
(1) Requiring coverage of adult vaccinations.--Section 2103(c)
of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by
adding at the end the following paragraph:
``(12) Required coverage of approved, recommended adult
vaccines and their administration.--Regardless of the type of
coverage elected by a State under subsection (a), if the State
child health plan or a waiver of such plan provides child health
assistance or pregnancy-related assistance (as defined in section
2112) to an individual who is 19 years of age or older, such
assistance shall include coverage of vaccines described in section
1905(a)(13)(B) and their administration.''.
(2) No cost-sharing for vaccinations.--Section 2103(e)(2) of
such Act (42 U.S.C. 1397cc(e)(2)) is amended by inserting
``vaccines described in subsection (c)(12) (and the administration
of such vaccines),'' after ``in vitro diagnostic products described
in subsection (c)(10) (and administration of such products),''.
(c) Effective Date.--The amendments made by this section take
effect on the 1st day of the 1st fiscal quarter that begins on or after
the date that is 1 year after the date of enactment of this Act and
shall apply to expenditures made under a State plan or waiver of such
plan under title XIX of the Social Security Act (42 U.S.C. 1396 through
1396w-6) or under a State child health plan or waiver of such plan
under title XXI of such Act (42 U.S.C. 1397aa through 1397mm) on or
after such effective date.

bc7f1e5c4588f500a14b296e76b45a303c984ba670b96aedfcbc16d73fffe934

MEDICARE PART D.
(a) In General.--Section 1860D-2 of the Social Security Act (42
U.S.C. 1395w-102), as amended by sections 11201, 11202, and 11401, is
amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by striking ``paragraph (8)'' and
inserting ``paragraphs (8) and (9)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``paragraph (8)''
and inserting ``paragraphs (8) and (9)'';
(ii) in subparagraph (C)(i), in the matter preceding
subclause (I), by striking ``and (8)'' and inserting ``,
(8), and (9)''; and
(iii) in subparagraph (D)(i), in the matter preceding
subclause (I), by striking ``and (8)'' and inserting ``,
(8), and (9)'';
(C) in paragraph (3)(A), in the matter preceding clause
(i), by striking ``and (8)'' and inserting ``(8), and (9)'';
(D) in paragraph (4)(A)(i), by striking ``paragraph (8)''
and inserting ``paragraphs (8) and (9)''; and
(E) by adding at the end the following new paragraph:
``(9) Treatment of cost-sharing for covered insulin products.--
``(A) No application of deductible.--For plan year 2023 and
subsequent plan years, the deductible under paragraph (1) shall
not apply with respect to any covered insulin product.
``(B) Application of cost-sharing.--
``(i) Plan years 2023 and 2024.--For plan years 2023
and 2024, the coverage provides benefits for any covered
insulin product, regardless of whether an individual has
reached the initial coverage limit under paragraph (3) or
the out-of-pocket threshold under paragraph (4), with cost-
sharing for a month's supply that does not exceed the
applicable copayment amount.
``(ii) Plan year 2025 and subsequent plan years.--For a
plan year beginning on or after January 1, 2025, the
coverage provides benefits for any covered insulin product,
prior to an individual reaching the out-of-pocket threshold
under paragraph (4), with cost-sharing for a month's supply
that does not exceed the applicable copayment amount.
``(C) Covered insulin product.--In this paragraph, the term
`covered insulin product' means an insulin product that is a
covered part D drug covered under the prescription drug plan or
MA-PD plan that is approved under section 505 of the Federal
Food, Drug, and Cosmetic Act or licensed under section 351 of
the Public Health Service Act and marketed pursuant to such
approval or licensure, including any covered insulin product
that has been deemed to be licensed under section 351 of the
Public Health Service Act pursuant to section 7002(e)(4) of the
Biologics Price Competition and Innovation Act of 2009 and
marketed pursuant to such section.
``(D) Applicable copayment amount.--In this paragraph, the
term `applicable copayment amount' means, with respect to a
covered insulin product under a prescription drug plan or an
MA-PD plan dispensed--
``(i) during plan years 2023, 2024, and 2025, $35; and
``(ii) during plan year 2026 and each subsequent plan
year, the lesser of--
``(I) $35;
``(II) an amount equal to 25 percent of the maximum
fair price established for the covered insulin product
in accordance with part E of title XI; or
``(III) an amount equal to 25 percent of the
negotiated price of the covered insulin product under
the prescription drug plan or MA-PD plan.
``(E) Special rule for first 3 months of 2023.--With
respect to a month's supply of a covered insulin product
dispensed during the period beginning on January 1, 2023, and
ending on March 31, 2023, a PDP sponsor offering a prescription
drug plan or an MA organization offering an MA-PD plan shall
reimburse an enrollee within 30 days for any cost-sharing paid
by such enrollee that exceeds the cost-sharing applied by the
prescription drug plan or MA-PD plan under subparagraph (B)(i)
at the point-of-sale for such month's supply.''; and
(2) in subsection (c), by adding at the end the following new
paragraph:
``(6) Treatment of cost-sharing for covered insulin products.--
The coverage is provided in accordance with subsection (b)(9).''.
(b) Conforming Amendments to Cost-sharing for Low-income
Individuals.--Section 1860D-14(a) of the Social Security Act (42 U.S.C.
1395w-114(a)), as amended by sections 11201, 11401, and 11404, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (D)(iii), by adding at the end the
following new sentence: ``For plan year 2023 and subsequent
plan years, the copayment amount applicable under the preceding
sentence to a month's supply of a covered insulin product (as
defined in section 1860D-2(b)(9)(C)) dispensed to the
individual may not exceed the applicable copayment amount for
the product under the prescription drug plan or MA-PD plan in
which the individual is enrolled.''; and
(B) in subparagraph (E), by inserting the following before
the period at the end: ``or under section 1860D-2(b)(9) in the
case of a covered insulin product (as defined in subparagraph
(C) of such section)''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``section 1860D-
2(b)(8)'' and inserting ``paragraphs (8) and (9) of section
1860D-2(b)'';
(B) in subparagraph (D), by adding at the end the following
new sentence: ``For plan year 2023, the amount of the
coinsurance applicable under the preceding sentence to a
month's supply of a covered insulin product (as defined in
section 1860D-2(b)(9)(C)) dispensed to the individual may not
exceed the applicable copayment amount for the product under
the prescription drug plan or MA-PD plan in which the
individual is enrolled.''; and
(C) in subparagraph (E), by adding at the end the following
new sentence: ``For plan year 2023, the amount of the copayment
or coinsurance applicable under the preceding sentence to a
month's supply of a covered insulin product (as defined in
section 1860D-2(b)(9)(C)) dispensed to the individual may not
exceed the applicable copayment amount for the product under
the prescription drug plan or MA-PD plan in which the
individual is enrolled.''.
(c) Temporary Retrospective Subsidy.--Section 1860D-15(h) of the
Social Security Act (42 U.S.C. 1395w-115(h)), as added by section
11401(c), is amended--
(1) in the subsection heading, by inserting ``and Insulin''
after ``Practices''; and
(2) in paragraph (1), by striking ``section 1860D-2(b)(8)'' and
inserting ``paragraph (8) or (9) of section 1860D-2(b)''.
(d) Implementation for 2023 Through 2025.--The Secretary shall
implement this section for plan years 2023, 2024, and 2025 by program
instruction or other forms of program guidance.
(e) Funding.--In addition to amounts otherwise available, there is
appropriated to the Centers for Medicare & Medicaid Services, out of
any money in the Treasury not otherwise appropriated, $1,500,000 for
fiscal year 2022, to remain available until expended, to carry out the
provisions of, including the amendments made by, this section.

4f582f065b79c1035ff16b31b8f1dbd42f16345f86c35f27c30ab6322a076d87

SUPPLIER PAYMENT UNDER MEDICARE PART B FOR INSULIN FURNISHED THROUGH
DURABLE MEDICAL EQUIPMENT.
(a) Waiver of Deductible.--The first sentence of section 1833(b) of
the Social Security Act (42 U.S.C. 1395l(b)) is amended--
(1) by striking ``and (12)'' and inserting ``(12)''; and
(2) by inserting before the period the following: ``, and (13)
such deductible shall not apply with respect to insulin furnished
on or after July 1, 2023, through an item of durable medical
equipment covered under section 1861(n).''.
(b) Coinsurance.--
(1) In general.--Section 1833(a)(1)(S) of the Social Security
Act (42 U.S.C. 1395l(a)(1)(S)) is amended--
(A) by inserting ``(i) except as provided in clause (ii),''
after ``(S)''; and
(B) by inserting after ``or 1847B),'' the following: ``and
(ii) with respect to insulin furnished on or after July 1,
2023, through an item of durable medical equipment covered
under section 1861(n), the amounts paid shall be, subject to
the fourth sentence of this subsection, 80 percent of the
payment amount established under section 1847A (or section
1847B, if applicable) for such insulin,''.
(2) Adjustment to supplier payments; limitation on monthly
coinsurance.--Section 1833(a) of the Social Security Act (42 U.S.C.
1395l(a)) is amended, in the flush matter at the end, by adding at
the end the following new sentence: ``The Secretary shall make such
adjustments as may be necessary to the amounts paid as specified
under paragraph (1)(S)(ii) for insulin furnished on or after July
1, 2023, through an item of durable medical equipment covered under
section 1861(n), such that the amount of coinsurance payable by an
individual enrolled under this part for a month's supply of such
insulin does not exceed $35.''.
(c) Implementation.--The Secretary of Health and Human Services
shall implement this section for 2023 by program instruction or other
forms of program guidance.

ca206f59c9019fa4792fc52fe6bf046511ba6f51bf601b1345e268f1539582b5

(a) In General.--Paragraph (2) of section 223(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(G) Safe harbor for absence of deductible for certain
insulin products.--
``(i) In general.--A plan shall not fail to be treated
as a high deductible health plan by reason of failing to
have a deductible for selected insulin products.
``(ii) Selected insulin products.--For purposes of this
subparagraph--
``(I) In general.--The term `selected insulin
products' means any dosage form (such as vial, pump, or
inhaler dosage forms) of any different type (such as
rapid-acting, short-acting, intermediate-acting, long-
acting, ultra long-acting, and premixed) of insulin.
``(II) Insulin.--The term `insulin' means insulin
that is licensed under subsection (a) or (k) of section
351 of the Public Health Service Act (42 U.S.C. 262)
and continues to be marketed under such section,
including any insulin product that has been deemed to
be licensed under section 351(a) of such Act pursuant
to section 7002(e)(4) of the Biologics Price
Competition and Innovation Act of 2009 (Public Law 111-
148) and continues to be marketed pursuant to such
licensure.''.
(b) Effective Date.--The amendment made by this section shall apply
to plan years beginning after December 31, 2022.
Subtitle C--Affordable Care Act Subsidies

388e8953a16b82ec051b7a9a51c8e35f595b67f5b41606b818b11d183af93887

INSURANCE FOR CONSUMERS.
(a) In General.--Clause (iii) of section 36B(b)(3)(A) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``in 2021 or 2022'' and inserting ``after
December 31, 2020, and before January 1, 2026'', and
(2) by striking ``2021 and 2022'' in the heading and inserting
``2021 through 2025''.
(b) Extension Through 2025 of Rule to Allow Credit to Taxpayers
Whose Household Income Exceeds 400 Percent of the Poverty Line.--
Section 36B(c)(1)(E) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``in 2021 or 2022'' and inserting ``after
December 31, 2020, and before January 1, 2026'', and
(2) by striking ``2021 and 2022'' in the heading and inserting
``2021 through 2025''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
Subtitle D--Energy Security

f2f065a09ce9e31c8f956a1d1254a1ad7883d61b8b0bdfcc1f9b1d0dffe34abb

Except as otherwise expressly provided, whenever in this subtitle
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Internal
Revenue Code of 1986.
PART 1--CLEAN ELECTRICITY AND REDUCING CARBON EMISSIONS

412c32317bc3d5057aa764f95b59b6098e90eeda8fd1076f6738778d143db725

PRODUCED FROM CERTAIN RENEWABLE RESOURCES.
(a) In General.--The following provisions of section 45(d) are each
amended by striking ``January 1, 2022'' each place it appears and
inserting ``January 1, 2025'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (6).
(4) Paragraph (7).
(5) Paragraph (9).
(6) Paragraph (11)(B).
(b) Base Credit Amount.--Section 45 is amended--
(1) in subsection (a)(1), by striking ``1.5 cents'' and
inserting ``0.3 cents'', and
(2) in subsection (b)(2), by striking ``1.5 cent'' and
inserting ``0.3 cent''.
(c) Application of Extension to Geothermal and Solar.--Section
45(d)(4) is amended by striking ``and which'' and all that follows
through ``January 1, 2022'' and inserting ``and the construction of
which begins before January 1, 2025''.
(d) Extension of Election to Treat Qualified Facilities as Energy
Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1,
2022'' and inserting ``January 1, 2025''.
(e) Application of Extension to Wind Facilities.--
(1) In general.--Section 45(d)(1) is amended by striking
``January 1, 2022'' and inserting ``January 1, 2025''.
(2) Application of phaseout percentage.--
(A) Renewable electricity production credit.--Section
45(b)(5) is amended by inserting ``which is placed in service
before January 1, 2022'' after ``using wind to produce
electricity''.
(B) Energy credit.--Section 48(a)(5)(E) is amended by
inserting ``placed in service before January 1, 2022, and''
before ``treated as energy property''.
(3) Qualified offshore wind facilities under energy credit.--
Section 48(a)(5)(F)(i) is amended by striking ``offshore wind
facility'' and all that follows and inserting the following:
``offshore wind facility, subparagraph (E) shall not apply.''.
(f) Wage and Apprenticeship Requirements.--Section 45(b) is amended
by adding at the end the following new paragraphs:
``(6) Increased credit amount for qualified facilities.--
``(A) In general.--In the case of any qualified facility
which satisfies the requirements of subparagraph (B), the
amount of the credit determined under subsection (a)
(determined after the application of paragraphs (1) through (5)
and without regard to this paragraph) shall be equal to such
amount multiplied by 5.
``(B) Qualified facility requirements.--A qualified
facility meets the requirements of this subparagraph if it is
one of the following:
``(i) A facility with a maximum net output of less than
1 megawatt (as measured in alternating current).
``(ii) A facility the construction of which begins
prior to the date that is 60 days after the Secretary
publishes guidance with respect to the requirements of
paragraphs (7)(A) and (8).
``(iii) A facility which satisfies the requirements of
paragraphs (7)(A) and (8).
``(7) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified facility are that
the taxpayer shall ensure that any laborers and mechanics
employed by the taxpayer or any contractor or subcontractor
in--
``(i) the construction of such facility, and
``(ii) with respect to any taxable year, for any
portion of such taxable year which is within the period
described in subsection (a)(2)(A)(ii), the alteration or
repair of such facility,
shall be paid wages at rates not less than the prevailing rates
for construction, alteration, or repair of a similar character
in the locality in which such facility is located as most
recently determined by the Secretary of Labor, in accordance
with subchapter IV of chapter 31 of title 40, United States
Code. For purposes of determining an increased credit amount
under paragraph (6)(A) for a taxable year, the requirement
under clause (ii) is applied to such taxable year in which the
alteration or repair of the qualified facility occurs.''
``(B) Correction and penalty related to failure to satisfy
wage requirements.--
``(i) In general.--In the case of any taxpayer which
fails to satisfy the requirement under subparagraph (A)
with respect to the construction of any qualified facility
or with respect to the alteration or repair of a facility
in any year during the period described in subparagraph
(A)(ii), such taxpayer shall be deemed to have satisfied
such requirement under such subparagraph with respect to
such facility for any year if, with respect to any laborer
or mechanic who was paid wages at a rate below the rate
described in such subparagraph for any period during such
year, such taxpayer--
``(I) makes payment to such laborer or mechanic in
an amount equal to the sum of--
``(aa) an amount equal to the difference
between--
``(AA) the amount of wages paid to such
laborer or mechanic during such period, and
``(BB) the amount of wages required to be
paid to such laborer or mechanic pursuant to
such subparagraph during such period, plus
``(bb) interest on the amount determined under
item (aa) at the underpayment rate established
under section 6621 (determined by substituting `6
percentage points' for `3 percentage points' in
subsection (a)(2) of such section) for the period
described in such item, and
``(II) makes payment to the Secretary of a penalty
in an amount equal to the product of--
``(aa) $5,000, multiplied by
``(bb) the total number of laborers and
mechanics who were paid wages at a rate below the
rate described in subparagraph (A) for any period
during such year.
``(ii) Deficiency procedures not to apply.--Subchapter
B of chapter 63 (relating to deficiency procedures for
income, estate, gift, and certain excise taxes) shall not
apply with respect to the assessment or collection of any
penalty imposed by this paragraph.
``(iii) Intentional disregard.--If the Secretary
determines that any failure described in clause (i) is due
to intentional disregard of the requirements under
subparagraph (A), such clause shall be applied--
``(I) in subclause (I), by substituting `three
times the sum' for `the sum', and
``(II) in subclause (II), by substituting `$10,000'
for `5,000' in item (aa) thereof.
``(iv) Limitation on period for payment.--Pursuant to
rules issued by the Secretary, in the case of a final
determination by the Secretary with respect to any failure
by the taxpayer to satisfy the requirement under
subparagraph (A), subparagraph (B)(i) shall not apply
unless the payments described in subclauses (I) and (II) of
such subparagraph are made by the taxpayer on or before the
date which is 180 days after the date of such
determination.
``(8) Apprenticeship requirements.--The requirements described
in this paragraph with respect to the construction of any qualified
facility are as follows:
``(A) Labor hours.--
``(i) Percentage of total labor hours.--Taxpayers shall
ensure that, with respect to the construction of any
qualified facility, not less than the applicable percentage
of the total labor hours of the construction, alteration,
or repair work (including such work performed by any
contractor or subcontractor) with respect to such facility
shall, subject to subparagraph (B), be performed by
qualified apprentices.
``(ii) Applicable percentage.--For purposes of clause
(i), the applicable percentage shall be--
``(I) in the case of a qualified facility the
construction of which begins before January 1, 2023, 10
percent,
``(II) in the case of a qualified facility the
construction of which begins after December 31, 2022,
and before January 1, 2024, 12.5 percent, and
``(III) in the case of a qualified facility the
construction of which begins after December 31, 2023,
15 percent.
``(B) Apprentice to journeyworker ratio.--The requirement
under subparagraph (A)(i) shall be subject to any applicable
requirements for apprentice-to-journeyworker ratios of the
Department of Labor or the applicable State apprenticeship
agency.
``(C) Participation.--Each taxpayer, contractor, or
subcontractor who employs 4 or more individuals to perform
construction, alteration, or repair work with respect to the
construction of a qualified facility shall employ 1 or more
qualified apprentices to perform such work.
``(D) Exception.--
``(i) In general.--A taxpayer shall not be treated as
failing to satisfy the requirements of this paragraph if
such taxpayer--
``(I) satisfies the requirements described in
clause (ii), or
``(II) subject to clause (iii), in the case of any
failure by the taxpayer to satisfy the requirement
under subparagraphs (A) and (C) with respect to the
construction, alteration, or repair work on any
qualified facility to which subclause (I) does not
apply, makes payment to the Secretary of a penalty in
an amount equal to the product of--
``(aa) $50, multiplied by
``(bb) the total labor hours for which the
requirement described in such subparagraph was not
satisfied with respect to the construction,
alteration, or repair work on such qualified
facility.
``(ii) Good faith effort.--For purposes of clause (i),
a taxpayer shall be deemed to have satisfied the
requirements under this paragraph with respect to a
qualified facility if such taxpayer has requested qualified
apprentices from a registered apprenticeship program, as
defined in section 3131(e)(3)(B), and--
``(I) such request has been denied, provided that
such denial is not the result of a refusal by the
taxpayer or any contractors or subcontractors engaged
in the performance of construction, alteration, or
repair work with respect to such qualified facility to
comply with the established standards and requirements
of the registered apprenticeship program, or
``(II) the registered apprenticeship program fails
to respond to such request within 5 business days after
the date on which such registered apprenticeship
program received such request.
``(iii) Intentional disregard.--If the Secretary
determines that any failure described in subclause (i)(II)
is due to intentional disregard of the requirements under
subparagraphs (A) and (C), subclause (i)(II) shall be
applied by substituting `$500' for `$50' in item (aa)
thereof.
``(E) Definitions.--For purposes of this paragraph--
``(i) Labor hours.--The term `labor hours'--
``(I) means the total number of hours devoted to
the performance of construction, alteration, or repair
work by any individual employed by the taxpayer or by
any contractor or subcontractor, and
``(II) excludes any hours worked by--
``(aa) foremen,
``(bb) superintendents,
``(cc) owners, or
``(dd) persons employed in a bona fide
executive, administrative, or professional capacity
(within the meaning of those terms in part 541 of
title 29, Code of Federal Regulations).
``(ii) Qualified apprentice.--The term `qualified
apprentice' means an individual who is employed by the
taxpayer or by any contractor or subcontractor and who is
participating in a registered apprenticeship program, as
defined in section 3131(e)(3)(B).
``(9) Regulations and guidance.--The Secretary shall issue such
regulations or other guidance as the Secretary determines necessary
to carry out the purposes of this subsection, including regulations
or other guidance which provides for requirements for recordkeeping
or information reporting for purposes of administering the
requirements of this subsection.''.
(g) Domestic Content, Phaseout, and Energy Communities.--Section
45(b), as amended by subsection (f), is amended--
(1) by redesignating paragraph (9) as paragraph (12), and
(2) by inserting after paragraph (8) the following:
``(9) Domestic content bonus credit amount.--
``(A) In general.--In the case of any qualified facility
which satisfies the requirement under subparagraph (B)(i), the
amount of the credit determined under subsection (a)
(determined after the application of paragraphs (1) through
(8)) shall be increased by an amount equal to 10 percent of the
amount so determined.
``(B) Requirement.--
``(i) In general.--The requirement described in this
clause is satisfied with respect to any qualified facility
if the taxpayer certifies to the Secretary (at such time,
and in such form and manner, as the Secretary may
prescribe) that any steel, iron, or manufactured product
which is a component of such facility (upon completion of
construction) was produced in the United States (as
determined under section 661 of title 49, Code of Federal
Regulations).
``(ii) Steel and iron.--In the case of steel or iron,
clause (i) shall be applied in a manner consistent with
section 661.5 of title 49, Code of Federal Regulations.
``(iii) Manufactured product.--For purposes of clause
(i), the manufactured products which are components of a
qualified facility upon completion of construction shall be
deemed to have been produced in the United States if not
less than the adjusted percentage (as determined under
subparagraph (C)) of the total costs of all such
manufactured products of such facility are attributable to
manufactured products (including components) which are
mined, produced, or manufactured in the United States.
``(C) Adjusted percentage.--
``(i) In general.--Subject to subclause (ii), for
purposes of subparagraph (B)(iii), the adjusted percentage
shall be 40 percent.
``(ii) Offshore wind facility.--For purposes of
subparagraph (B)(iii), in the case of a qualified facility
which is an offshore wind facility, the adjusted percentage
shall be 20 percent.
``(10) Phaseout for elective payment.--
``(A) In general.--In the case of a taxpayer making an
election under section 6417 with respect to a credit under this
section, the amount of such credit shall be replaced with--
``(i) the value of such credit (determined without
regard to this paragraph), multiplied by
``(ii) the applicable percentage.
``(B) 100 percent applicable percentage for certain
qualified facilities.--In the case of any qualified facility--
``(i) which satisfies the requirements under paragraph
(9)(B), or
``(ii) with a maximum net output of less than 1
megawatt (as measured in alternating current),
the applicable percentage shall be 100 percent.
``(C) Phased domestic content requirement.--Subject to
subparagraph (D), in the case of any qualified facility which
is not described in subparagraph (B), the applicable percentage
shall be--
``(i) if construction of such facility began before
January 1, 2024, 100 percent, and
``(ii) if construction of such facility began in
calendar year 2024, 90 percent.
``(D) Exception.--
``(i) In general.--For purposes of this paragraph, the
Secretary shall provide exceptions to the requirements
under this paragraph if--
``(I) the inclusion of steel, iron, or manufactured
products which are produced in the United States
increases the overall costs of construction of
qualified facilities by more than 25 percent, or
``(II) relevant steel, iron, or manufactured
products are not produced in the United States in
sufficient and reasonably available quantities or of a
satisfactory quality.
``(ii) Applicable percentage.--In any case in which the
Secretary provides an exception pursuant to clause (i), the
applicable percentage shall be 100 percent.
``(11) Special rule for qualified facility located in energy
community.--
``(A) In general.--In the case of a qualified facility
which is located in an energy community, the credit determined
under subsection (a) (determined after the application of
paragraphs (1) through (10), without the application of
paragraph (9)) shall be increased by an amount equal to 10
percent of the amount so determined.
``(B) Energy community.--For purposes of this paragraph,
the term `energy community' means--
``(i) a brownfield site (as defined in subparagraphs
(A), (B), and (D)(ii)(III) of section 101(39) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(39))),
``(ii) a metropolitan statistical area or non-
metropolitan statistical area which--
``(I) has (or, at any time during the period
beginning after December 31, 2009, had) 0.17 percent or
greater direct employment or 25 percent or greater
local tax revenues related to the extraction,
processing, transport, or storage of coal, oil, or
natural gas (as determined by the Secretary), and
``(II) has an unemployment rate at or above the
national average unemployment rate for the previous
year (as determined by the Secretary), or
``(iii) a census tract--
``(I) in which--
``(aa) after December 31, 1999, a coal mine has
closed, or
``(bb) after December 31, 2009, a coal-fired
electric generating unit has been retired, or
``(II) which is directly adjoining to any census
tract described in subclause (I).''.
(h) Credit Reduced for Tax-exempt Bonds.--Section 45(b)(3) is
amended to read as follows:
``(3) Credit reduced for tax-exempt bonds.--The amount of the
credit determined under subsection (a) with respect to any facility
for any taxable year (determined after the application of
paragraphs (1) and (2)) shall be reduced by the amount which is the
product of the amount so determined for such year and the lesser of
15 percent or a fraction--
``(A) the numerator of which is the sum, for the taxable
year and all prior taxable years, of proceeds of an issue of
any obligations the interest on which is exempt from tax under
section 103 and which is used to provide financing for the
qualified facility, and
``(B) the denominator of which is the aggregate amount of
additions to the capital account for the qualified facility for
the taxable year and all prior taxable years.
The amounts under the preceding sentence for any taxable year shall
be determined as of the close of the taxable year.''.
(i) Rounding Adjustment.--
(1) In general.--Section 45(b)(2) is amended by striking the
second sentence and inserting the following: ``If the 0.3 cent
amount as increased under the preceding sentence is not a multiple
of 0.05 cent, such amount shall be rounded to the nearest multiple
of 0.05 cent. In any other case, if an amount as increased under
this paragraph is not a multiple of 0.1 cent, such amount shall be
rounded to the nearest multiple of 0.1 cent.''.
(2) Conforming amendment.--Section 45(b)(4)(A) is amended by
striking ``last sentence'' and inserting ``last two sentences''.
(j) Hydropower.--
(1) Elimination of credit rate reduction for qualified
hydroelectric production and marine and hydrokinetic renewable
energy.--Section 45(b)(4)(A), as amended by the preceding
provisions of this section, is amended by striking ``(7), (9), or
(11)'' and inserting ``or (7)''.
(2) Marine and hydrokinetic renewable energy.--Section 45 is
amended--
(A) in subsection (c)(10)(A)--
(i) in clause (iii), by striking ``or'',
(ii) in clause (iv), by striking the period at the end
and inserting ``, or'' and
(iii) by adding at the end the following:
``(v) pressurized water used in a pipeline (or similar
man-made water conveyance) which is operated--
``(I) for the distribution of water for
agricultural, municipal, or industrial consumption, and
``(II) not primarily for the generation of
electricity.'', and
(B) in subsection (d)(11)(A), by striking ``150'' and
inserting ``25''.
(k) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2) and (3),
the amendments made by this section shall apply to facilities
placed in service after December 31, 2021.
(2) Credit reduced for tax-exempt bonds.--The amendment made by
subsection (h) shall apply to facilities the construction of which
begins after the date of enactment of this Act.
(3) Domestic content, phaseout, energy communities, and
hydropower.--The amendments made by subsections (g) and (j) shall
apply to facilities placed in service after December 31, 2022.

019a8a54cdceebd90b581281c30ad9c632e9936fa0b110d4c8c92ca8939d7d23

352ae7ecb378d0c7fbd06cadb548902dbed4fc2d5d4f2643cf77e4fda63036bd

PLACED IN SERVICE IN CONNECTION WITH LOW-INCOME COMMUNITIES.
(a) In General.--Section 48 is amended by adding at the end the
following new subsection:
``(e) Special Rules for Certain Solar and Wind Facilities Placed in
Service in Connection With Low-income Communities.--
``(1) In general.--In the case of any qualified solar and wind
facility with respect to which the Secretary makes an allocation of
environmental justice solar and wind capacity limitation under
paragraph (4)--
``(A) the energy percentage otherwise determined under
paragraph (2) or (5) of subsection (a) with respect to any
eligible property which is part of such facility shall be
increased by--
``(i) in the case of a facility described in subclause
(I) of paragraph (2)(A)(iii) and not described in subclause
(II) of such paragraph, 10 percentage points, and
``(ii) in the case of a facility described in subclause
(II) of paragraph (2)(A)(iii), 20 percentage points, and
``(B) the increase in the credit determined under
subsection (a) by reason of this subsection for any taxable
year with respect to all property which is part of such
facility shall not exceed the amount which bears the same ratio
to the amount of such increase (determined without regard to
this subparagraph) as--
``(i) the environmental justice solar and wind capacity
limitation allocated to such facility, bears to
``(ii) the total megawatt nameplate capacity of such
facility, as measured in direct current.
``(2) Qualified solar and wind facility.--For purposes of this
subsection--
``(A) In general.--The term `qualified solar and wind
facility' means any facility--
``(i) which generates electricity solely from property
described in section 45(d)(1) or in clause (i) or (vi) of
subsection (a)(3)(A),
``(ii) which has a maximum net output of less than 5
megawatts (as measured in alternating current), and
``(iii) which--
``(I) is located in a low-income community (as
defined in section 45D(e)) or on Indian land (as
defined in section 2601(2) of the Energy Policy Act of
1992 (25 U.S.C. 3501(2))), or
``(II) is part of a qualified low-income
residential building project or a qualified low-income
economic benefit project.
``(B) Qualified low-income residential building project.--A
facility shall be treated as part of a qualified low-income
residential building project if--
``(i) such facility is installed on a residential
rental building which participates in a covered housing
program (as defined in section 41411(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12491(a)(3)), a
housing assistance program administered by the Department
of Agriculture under title V of the Housing Act of 1949, a
housing program administered by a tribally designated
housing entity (as defined in section 4(22) of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103(22))) or such other affordable housing
programs as the Secretary may provide, and
``(ii) the financial benefits of the electricity
produced by such facility are allocated equitably among the
occupants of the dwelling units of such building.
``(C) Qualified low-income economic benefit project.--A
facility shall be treated as part of a qualified low-income
economic benefit project if at least 50 percent of the
financial benefits of the electricity produced by such facility
are provided to households with income of--
``(i) less than 200 percent of the poverty line (as
defined in section 36B(d)(3)(A)) applicable to a family of
the size involved, or
``(ii) less than 80 percent of area median gross income
(as determined under section 142(d)(2)(B)).
``(D) Financial benefit.--For purposes of subparagraphs (B)
and (C), electricity acquired at a below-market rate shall not
fail to be taken into account as a financial benefit.
``(3) Eligible property.--For purposes of this section, the
term `eligible property' means energy property which--
``(A) is part of a facility described in section 45(d)(1)
for which an election was made under subsection (a)(5), or
``(B) is described in clause (i) or (vi) of subsection
(a)(3)(A),
including energy storage technology (as described in subsection
(a)(3)(A)(ix)) installed in connection with such energy property.
``(4) Allocations.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall establish
a program to allocate amounts of environmental justice solar
and wind capacity limitation to qualified solar and wind
facilities. In establishing such program and to carry out the
purposes of this subsection, the Secretary shall provide
procedures to allow for an efficient allocation process,
including, when determined appropriate, consideration of
multiple projects in a single application if such projects will
be placed in service by a single taxpayer.
``(B) Limitation.--The amount of environmental justice
solar and wind capacity limitation allocated by the Secretary
under subparagraph (A) during any calendar year shall not
exceed the annual capacity limitation with respect to such
year.
``(C) Annual capacity limitation.--For purposes of this
paragraph, the term `annual capacity limitation' means 1.8
gigawatts of direct current capacity for each of calendar years
2023 and 2024, and zero thereafter.
``(D) Carryover of unused limitation.--If the annual
capacity limitation for any calendar year exceeds the aggregate
amount allocated for such year under this paragraph, such
limitation for the succeeding calendar year shall be increased
by the amount of such excess. No amount may be carried under
the preceding sentence to any calendar year after 2024 except
as provided in section 48E(h)(4)(D)(ii).
``(E) Placed in service deadline.--
``(i) In general.--Paragraph (1) shall not apply with
respect to any property which is placed in service after
the date that is 4 years after the date of the allocation
with respect to the facility of which such property is a
part.
``(ii) Application of carryover.--Any amount of
environmental justice solar and wind capacity limitation
which expires under clause (i) during any calendar year
shall be taken into account as an excess described in
subparagraph (D) (or as an increase in such excess) for
such calendar year, subject to the limitation imposed by
the last sentence of such subparagraph.
``(5) Recapture.--The Secretary shall, by regulations or other
guidance, provide for recapturing the benefit of any increase in
the credit allowed under subsection (a) by reason of this
subsection with respect to any property which ceases to be property
eligible for such increase (but which does not cease to be
investment credit property within the meaning of section 50(a)).
The period and percentage of such recapture shall be determined
under rules similar to the rules of section 50(a). To the extent
provided by the Secretary, such recapture may not apply with
respect to any property if, within 12 months after the date the
taxpayer becomes aware (or reasonably should have become aware) of
such property ceasing to be property eligible for such increase,
the eligibility of such property for such increase is restored. The
preceding sentence shall not apply more than once with respect to
any facility.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.

67df96e93405136557bd7738955af6331d3d4c7b09274811c7a65f7b8f1a9884

SEQUESTRATION.
(a) Modification of Carbon Oxide Capture Requirements.--
(1) In general.--Section 45Q(d) is amended to read as follows:
``(d) Qualified Facility.--For purposes of this section, the term
`qualified facility' means any industrial facility or direct air
capture facility--
``(1) the construction of which begins before January 1, 2033,
and either--
``(A) construction of carbon capture equipment begins
before such date, or
``(B) the original planning and design for such facility
includes installation of carbon capture equipment, and
``(2) which--
``(A) in the case of a direct air capture facility,
captures not less than 1,000 metric tons of qualified carbon
oxide during the taxable year,
``(B) in the case of an electricity generating facility--
``(i) captures not less than 18,750 metric tons of
qualified carbon oxide during the taxable year, and
``(ii) with respect to any carbon capture equipment for
the applicable electric generating unit at such facility,
has a capture design capacity of not less than 75 percent
of the baseline carbon oxide production of such unit, or
``(C) in the case of any other facility, captures not less
than 12,500 metric tons of qualified carbon oxide during the
taxable year.''.
(2) Definitions.--
(A) In general.--Section 45Q(e) is amended--
(i) by redesignating paragraphs (1) through (3) as
paragraphs (3) through (5), respectively, and
(ii) by inserting after ``For purposes of this
section--'' the following new paragraphs:
``(1) Applicable electric generating unit.--The term
`applicable electric generating unit' means the principal electric
generating unit for which the carbon capture equipment is
originally planned and designed.
``(2) Baseline carbon oxide production.--
``(A) In general.--The term `baseline carbon oxide
production' means either of the following:
``(i) In the case of an applicable electric generating
unit which was originally placed in service more than 1
year prior to the date on which construction of the carbon
capture equipment begins, the average annual carbon oxide
production, by mass, from such unit during--
``(I) in the case of an applicable electric
generating unit which was originally placed in service
more than 1 year prior to the date on which
construction of the carbon capture equipment begins and
on or after the date which is 3 years prior to the date
on which construction of such equipment begins, the
period beginning on the date such unit was placed in
service and ending on the date on which construction of
such equipment began, and
``(II) in the case of an applicable electric
generating unit which was originally placed in service
more than 3 years prior to the date on which
construction of the carbon capture equipment begins,
the 3 years with the highest annual carbon oxide
production during the 12-year period preceding the date
on which construction of such equipment began.
``(ii) In the case of an applicable electric generating
unit which--
``(I) as of the date on which construction of the
carbon capture equipment begins, is not yet placed in
service, or
``(II) was placed in service during the 1-year
period prior to the date on which construction of the
carbon capture equipment begins,
the designed annual carbon oxide production, by mass, as
determined based on an assumed capacity factor of 60
percent.
``(B) Capacity factor.--The term `capacity factor' means
the ratio (expressed as a percentage) of the actual electric
output from the applicable electric generating unit to the
potential electric output from such unit.''.
(B) Conforming amendment.--Section 142(o)(1)(B) is amended
by striking ``section 45Q(e)(1)'' and inserting ``section
45Q(e)(3)''.
(b) Modified Applicable Dollar Amount.--Section 45Q(b)(1)(A) is
amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``the dollar amount'' and
all that follows through ``such period'' and inserting ``$17'',
and
(B) in subclause (II), by striking ``the dollar amount''
and all that follows through ``such period'' and inserting
``$12'', and
(2) in clause (ii)--
(A) in subclause (I), by striking ``$50'' and inserting
``$17'', and
(B) in subclause (II), by striking ``$35'' and inserting
``$12''.
(c) Determination of Applicable Dollar Amount.--
(1) In general.--Section 45Q(b)(1), as amended by the preceding
provisions of this Act, is amended--
(A) by redesignating subparagraph (B) as subparagraph (D),
and
(B) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Special rule for direct air capture facilities.--In
the case of any qualified facility described in subsection
(d)(2)(A) which is placed in service after December 31, 2022,
the applicable dollar amount shall be an amount equal to the
applicable dollar amount otherwise determined with respect to
such qualified facility under subparagraph (A), except that
such subparagraph shall be applied--
``(i) by substituting `$36' for `$17' each place it
appears, and
``(ii) by substituting `$26' for `$12' each place it
appears.
``(C) Applicable dollar amount for additional carbon
capture equipment.--In the case of any qualified facility which
is placed in service before January 1, 2023, if any additional
carbon capture equipment is installed at such facility and such
equipment is placed in service after December 31, 2022, the
applicable dollar amount shall be an amount equal to the
applicable dollar amount otherwise determined under this
paragraph, except that subparagraph (B) shall be applied--
``(i) by substituting `before January 1, 2023' for
`after December 31, 2022', and
``(ii) by substituting `the additional carbon capture
equipment installed at such qualified facility' for `such
qualified facility'.''.
(2) Conforming amendments.--
(A) Section 45Q(b)(1)(A) is amended by striking ``The
applicable dollar amount'' and inserting ``Except as provided
in subparagraph (B) or (C), the applicable dollar amount''.
(B) Section 45Q(b)(1)(D), as redesignated by paragraph
(1)(A), is amended by striking ``subparagraph (A)'' and
inserting ``subparagraph (A), (B), or (C)''.
(d) Wage and Apprenticeship Requirements.--Section 45Q is amended
by redesignating subsection (h) as subsection (i) and inserting after
subsection (g) following new subsection:
``(h) Increased Credit Amount for Qualified Facilities and Carbon
Capture Equipment.--
``(1) In general.--In the case of any qualified facility or any
carbon capture equipment which satisfy the requirements of
paragraph (2), the amount of the credit determined under subsection
(a) shall be equal to such amount (determined without regard to
this sentence) multiplied by 5.
``(2) Requirements.--The requirements described in this
paragraph are that--
``(A) with respect to any qualified facility the
construction of which begins on or after the date that is 60
days after the Secretary publishes guidance with respect to the
requirements of paragraphs (3)(A) and (4), as well as any
carbon capture equipment placed in service at such facility--
``(i) subject to subparagraph (B) of paragraph (3), the
taxpayer satisfies the requirements under subparagraph (A)
of such paragraph with respect to such facility and
equipment, and
``(ii) the taxpayer satisfies the requirements under
paragraph (4) with respect to the construction of such
facility and equipment,
``(B) with respect to any carbon capture equipment the
construction of which begins on or after the date that is 60
days after the Secretary publishes guidance with respect to the
requirements of paragraphs (3)(A) and (4), and which is
installed at a qualified facility the construction of which
began prior to such date--
``(i) subject to subparagraph (B) of paragraph (3), the
taxpayer satisfies the requirements under subparagraph (A)
of such paragraph with respect to such equipment, and
``(ii) the taxpayer satisfies the requirements under
paragraph (4) with respect to the construction of such
equipment, or
``(C) the construction of carbon capture equipment begins
prior to the date that is 60 days after the Secretary publishes
guidance with respect to the requirements of paragraphs (3)(A)
and (4), and such equipment is installed at a qualified
facility the construction of which begins prior to such date.
``(3) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified facility and any
carbon capture equipment placed in service at such facility are
that the taxpayer shall ensure that any laborers and mechanics
employed by the taxpayer or any contractor or subcontractor
in--
``(i) the construction of such facility or equipment,
and
``(ii) with respect to any taxable year, for any
portion of such taxable year which is within the period
described in paragraph (3)(A) or (4)(A) of subsection (a),
the alteration or repair of such facility or such
equipment,
shall be paid wages at rates not less than the prevailing rates
for construction, alteration, or repair of a similar character
in the locality in which such facility and equipment are
located as most recently determined by the Secretary of Labor,
in accordance with subchapter IV of chapter 31 of title 40,
United States Code. For purposes of determining an increased
credit amount under paragraph (1) for a taxable year, the
requirement under clause (ii) of this subparagraph is applied
to such taxable year in which the alteration or repair of
qualified facility occurs.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(4) Apprenticeship requirements.--Rules similar to the rules
of section 45(b)(8) shall apply.
``(5) Regulations and guidance.--The Secretary shall issue such
regulations or other guidance as the Secretary determines necessary
to carry out the purposes of this subsection, including regulations
or other guidance which provides for requirements for recordkeeping
or information reporting for purposes of administering the
requirements of this subsection.''.
(e) Credit Reduced for Tax-exempt Bonds.--Section 45Q(f) is
amended--
(1) by striking the second paragraph (3), as added at the end
of such section by section 80402(e) of the Infrastructure
Investment and Jobs Act (Public Law 117-58), and
(2) by adding at the end the following new paragraph:
``(8) Credit reduced for tax-exempt bonds.--Rules similar to
the rule under section 45(b)(3) shall apply for purposes of this
section.''.
(f) Application of Section for Certain Carbon Capture Equipment.--
Section 45Q(g) is amended by inserting ``the earlier of January 1,
2023, and'' before ``the end of the calendar year''.
(g) Election.--Section 45Q(f), as amended by subsection (e), is
amended by adding at the end the following new paragraph:
``(9) Election.--For purposes of paragraphs (3) and (4) of
subsection (a), a person described in paragraph (3)(A)(ii) may
elect, at such time and in such manner as the Secretary may
prescribe, to have the 12-year period begin on the first day of the
first taxable year in which a credit under this section is claimed
with respect to carbon capture equipment which is originally placed
in service at a qualified facility on or after the date of the
enactment of the Bipartisan Budget Act of 2018 (after application
of paragraph (6), where applicable) if--
``(A) no taxpayer claimed a credit under this section with
respect to such carbon capture equipment for any prior taxable
year,
``(B) the qualified facility at which such carbon capture
equipment is placed in service is located in an area affected
by a federally-declared disaster (as defined by section
165(i)(5)(A)) after the carbon capture equipment is originally
placed in service, and
``(C) such federally-declared disaster results in a
cessation of the operation of the qualified facility or the
carbon capture equipment after such equipment is originally
placed in service.''.
(h) Regulations for Baseline Carbon Oxide Production.--Subsection
(i) of section 45Q, as redesignated by subsection (d), is amended--
(1) in paragraph (1), by striking ``and'',
(2) in paragraph (2), by striking the period at the end and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(3) for purposes of subsection (d)(2)(B)(ii), adjust the
baseline carbon oxide production with respect to any applicable
electric generating unit at any electricity generating facility if,
after the date on which the carbon capture equipment is placed in
service, modifications which are chargeable to capital account are
made to such unit which result in a significant increase or
decrease in carbon oxide production.''.
(i) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2), (3), and
(4), the amendments made by this section shall apply to facilities
or equipment placed in service after December 31, 2022.
(2) Modification of carbon oxide capture requirements.--The
amendments made by subsection (a) shall apply to facilities or
equipment the construction of which begins after the date of
enactment of this Act.
(3) Application of section for certain carbon capture
equipment.--The amendments made by subsection (f) shall take effect
on the date of enactment of this Act.
(4) Election.--The amendments made by subsection (g) shall
apply to carbon oxide captured and disposed of after December 31,
2021.

000dcd0e846fdf6320c651cc2f7a0e7ce581eea85f7b639bbd90824608f405e6

(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by adding at the end the following new section:
``SEC. 45U. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the zero-
emission nuclear power production credit for any taxable year is an
amount equal to the amount by which--
``(1) the product of--
``(A) 0.3 cents, multiplied by
``(B) the kilowatt hours of electricity--
``(i) produced by the taxpayer at a qualified nuclear
power facility, and
``(ii) sold by the taxpayer to an unrelated person
during the taxable year, exceeds
``(2) the reduction amount for such taxable year.
``(b) Definitions.--
``(1) Qualified nuclear power facility.--For purposes of this
section, the term `qualified nuclear power facility' means any
nuclear facility--
``(A) which is owned by the taxpayer and which uses nuclear
energy to produce electricity,
``(B) which is not an advanced nuclear power facility as
defined in subsection (d)(1) of section 45J, and
``(C) which is placed in service before the date of the
enactment of this section.
``(2) Reduction amount.--
``(A) In general.--For purposes of this section, the term
`reduction amount' means, with respect to any qualified nuclear
power facility for any taxable year, the amount equal to the
lesser of--
``(i) the amount determined under subsection (a)(1), or
``(ii) the amount equal to 16 percent of the excess
of--
``(I) subject to subparagraph (B), the gross
receipts from any electricity produced by such facility
(including any electricity services or products
provided in conjunction with the electricity produced
by such facility) and sold to an unrelated person
during such taxable year, over
``(II) the amount equal to the product of--
``(aa) 2.5 cents, multiplied by
``(bb) the amount determined under subsection
(a)(1)(B).
``(B) Treatment of certain receipts.--
``(i) In general.--Subject to clause (iii), the amount
determined under subparagraph (A)(ii)(I) shall include any
amount received by the taxpayer during the taxable year
with respect to the qualified nuclear power facility from a
zero-emission credit program. For purposes of determining
the amount received during such taxable year, the taxpayer
shall take into account any reductions required under such
program.
``(ii) Zero-emission credit program.--For purposes of
this subparagraph, the term `zero-emission credit program'
means any payments with respect to a qualified nuclear
power facility as a result of any Federal, State or local
government program for, in whole or in part, the zero-
emission, zero-carbon, or air quality attributes of any
portion of the electricity produced by such facility.
``(iii) Exclusion.--For purposes of clause (i), any
amount received by the taxpayer from a zero-emission credit
program shall be excluded from the amount determined under
subparagraph (A)(ii)(I) if the full amount of the credit
calculated pursuant to subsection (a) (determined without
regard to this subparagraph) is used to reduce payments
from such zero-emission credit program.
``(3) Electricity.--For purposes of this section, the term
`electricity' means the energy produced by a qualified nuclear
power facility from the conversion of nuclear fuel into electric
power.
``(c) Other Rules.--
``(1) Inflation adjustment.--The 0.3 cent amount in subsection
(a)(1)(A) and the 2.5 cent amount in subsection
(b)(2)(A)(ii)(II)(aa) shall each be adjusted by multiplying such
amount by the inflation adjustment factor (as determined under
section 45(e)(2), as applied by substituting `calendar year 2023'
for `calendar year 1992' in subparagraph (B) thereof) for the
calendar year in which the sale occurs. If the 0.3 cent amount as
increased under this paragraph is not a multiple of 0.05 cent, such
amount shall be rounded to the nearest multiple of 0.05 cent. If
the 2.5 cent amount as increased under this paragraph is not a
multiple of 0.1 cent, such amount shall be rounded to the nearest
multiple of 0.1 cent.
``(2) Special rules.--Rules similar to the rules of paragraphs
(1), (3), (4), and (5) of section 45(e) shall apply for purposes of
this section.
``(d) Wage Requirements.--
``(1) Increased credit amount for qualified nuclear power
facilities.--In the case of any qualified nuclear power facility
which satisfies the requirements of paragraph (2)(A), the amount of
the credit determined under subsection (a) shall be equal to such
amount (as determined without regard to this sentence) multiplied
by 5.
``(2) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified nuclear power
facility are that the taxpayer shall ensure that any laborers
and mechanics employed by the taxpayer or any contractor or
subcontractor in the alteration or repair of such facility
shall be paid wages at rates not less than the prevailing rates
for alteration or repair of a similar character in the locality
in which such facility is located as most recently determined
by the Secretary of Labor, in accordance with subchapter IV of
chapter 31 of title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(3) Regulations and guidance.--The Secretary shall issue such
regulations or other guidance as the Secretary determines necessary
to carry out the purposes of this subsection, including regulations
or other guidance which provides for requirements for recordkeeping
or information reporting for purposes of administering the
requirements of this subsection.
``(e) Termination.--This section shall not apply to taxable years
beginning after December 31, 2032.''.
(b) Conforming Amendments.--
(1) Section 38(b) is amended--
(A) in paragraph (32), by striking ``plus'' at the end,
(B) in paragraph (33), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(34) the zero-emission nuclear power production credit
determined under section 45U(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 45U. Zero-emission nuclear power production credit.''.
(c) Effective Date.--This section shall apply to electricity
produced and sold after December 31, 2023, in taxable years beginning
after such date.
PART 2--CLEAN FUELS

0b8bc2448fe82c06cc0331fc0ec4a4b6fb36013414371e306626a1919734889e

ALTERNATIVE FUELS.
(a) Biodiesel and Renewable Diesel Credit.--Section 40A(g) is
amended by striking ``December 31, 2022'' and inserting ``December 31,
2024''.
(b) Biodiesel Mixture Credit.--
(1) In general.--Section 6426(c)(6) is amended by striking
``December 31, 2022'' and inserting ``December 31, 2024''.
(2) Fuels not used for taxable purposes.--Section 6427(e)(6)(B)
is amended by striking ``December 31, 2022'' and inserting
``December 31, 2024''.
(c) Alternative Fuel Credit.--Section 6426(d)(5) is amended by
striking ``December 31, 2021'' and inserting ``December 31, 2024''.
(d) Alternative Fuel Mixture Credit.--Section 6426(e)(3) is amended
by striking ``December 31, 2021'' and inserting ``December 31, 2024''.
(e) Payments for Alternative Fuels.--Section 6427(e)(6)(C) is
amended by striking ``December 31, 2021'' and inserting ``December 31,
2024''.
(f) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2021.
(g) Special Rule.--In the case of any alternative fuel credit
properly determined under section 6426(d) of the Internal Revenue Code
of 1986 for the period beginning on January 1, 2022, and ending with
the close of the last calendar quarter beginning before the date of the
enactment of this Act, such credit shall be allowed, and any refund or
payment attributable to such credit (including any payment under
section 6427(e) of such Code) shall be made, only in such manner as the
Secretary of the Treasury (or the Secretary's delegate) shall provide.
Such Secretary shall issue guidance within 30 days after the date of
the enactment of this Act providing for a one-time submission of claims
covering periods described in the preceding sentence. Such guidance
shall provide for a 180-day period for the submission of such claims
(in such manner as prescribed by such Secretary) to begin not later
than 30 days after such guidance is issued. Such claims shall be paid
by such Secretary not later than 60 days after receipt. If such
Secretary has not paid pursuant to a claim filed under this subsection
within 60 days after the date of the filing of such claim, the claim
shall be paid with interest from such date determined by using the
overpayment rate and method under section 6621 of such Code.

3953bbbb038e07068eaa618a365989e1451bd9875edb8aa904a6ec4ff82f71aa

(a) In General.--Section 40(b)(6)(J)(i) is amended by striking
``2022'' and inserting ``2025''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to qualified second generation biofuel production after December
31, 2021.

6245b7054510a92d5f64d936dd629220fdf6b0fe7e8df50ba1511555be4b53cc

(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by inserting after section 40A the following new section:
``SEC. 40B. SUSTAINABLE AVIATION FUEL CREDIT.
``(a) In General.--For purposes of section 38, the sustainable
aviation fuel credit determined under this section for the taxable year
is, with respect to any sale or use of a qualified mixture which occurs
during such taxable year, an amount equal to the product of--
``(1) the number of gallons of sustainable aviation fuel in
such mixture, multiplied by
``(2) the sum of--
``(A) $1.25, plus
``(B) the applicable supplementary amount with respect to
such sustainable aviation fuel.
``(b) Applicable Supplementary Amount.--For purposes of this
section, the term `applicable supplementary amount' means, with respect
to any sustainable aviation fuel, an amount equal to $0.01 for each
percentage point by which the lifecycle greenhouse gas emissions
reduction percentage with respect to such fuel exceeds 50 percent. In
no event shall the applicable supplementary amount determined under
this subsection exceed $0.50.
``(c) Qualified Mixture.--For purposes of this section, the term
`qualified mixture' means a mixture of sustainable aviation fuel and
kerosene if--
``(1) such mixture is produced by the taxpayer in the United
States,
``(2) such mixture is used by the taxpayer (or sold by the
taxpayer for use) in an aircraft,
``(3) such sale or use is in the ordinary course of a trade or
business of the taxpayer, and
``(4) the transfer of such mixture to the fuel tank of such
aircraft occurs in the United States.
``(d) Sustainable Aviation Fuel.--
``(1) In general.--For purposes of this section, the term
`sustainable aviation fuel' means liquid fuel, the portion of which
is not kerosene, which--
``(A) meets the requirements of--
``(i) ASTM International Standard D7566, or
``(ii) the Fischer Tropsch provisions of ASTM
International Standard D1655, Annex A1,
``(B) is not derived from coprocessing an applicable
material (or materials derived from an applicable material)
with a feedstock which is not biomass,
``(C) is not derived from palm fatty acid distillates or
petroleum, and
``(D) has been certified in accordance with subsection (e)
as having a lifecycle greenhouse gas emissions reduction
percentage of at least 50 percent.
``(2) Definitions.--In this subsection--
``(A) Applicable material.--The term `applicable material'
means--
``(i) monoglycerides, diglycerides, and triglycerides,
``(ii) free fatty acids, and
``(iii) fatty acid esters.
``(B) Biomass.--The term `biomass' has the same meaning
given such term in section 45K(c)(3).
``(e) Lifecycle Greenhouse Gas Emissions Reduction Percentage.--For
purposes of this section, the term `lifecycle greenhouse gas emissions
reduction percentage' means, with respect to any sustainable aviation
fuel, the percentage reduction in lifecycle greenhouse gas emissions
achieved by such fuel as compared with petroleum-based jet fuel, as
defined in accordance with--
``(1) the most recent Carbon Offsetting and Reduction Scheme
for International Aviation which has been adopted by the
International Civil Aviation Organization with the agreement of the
United States, or
``(2) any similar methodology which satisfies the criteria
under section 211(o)(1)(H) of the Clean Air Act (42 U.S.C.
7545(o)(1)(H)), as in effect on the date of enactment of this
section.
``(f) Registration of Sustainable Aviation Fuel Producers.--No
credit shall be allowed under this section with respect to any
sustainable aviation fuel unless the producer or importer of such
fuel--
``(1) is registered with the Secretary under section 4101, and
``(2) provides--
``(A) certification (in such form and manner as the
Secretary shall prescribe) from an unrelated party
demonstrating compliance with--
``(i) any general requirements, supply chain
traceability requirements, and information transmission
requirements established under the Carbon Offsetting and
Reduction Scheme for International Aviation described in
paragraph (1) of subsection (e), or
``(ii) in the case of any methodology established under
paragraph (2) of such subsection, requirements similar to
the requirements described in clause (i), and
``(B) such other information with respect to such fuel as
the Secretary may require for purposes of carrying out this
section.
``(g) Coordination With Credit Against Excise Tax.--The amount of
the credit determined under this section with respect to any
sustainable aviation fuel shall, under rules prescribed by the
Secretary, be properly reduced to take into account any benefit
provided with respect to such sustainable aviation fuel solely by
reason of the application of section 6426 or 6427(e).
``(h) Termination.--This section shall not apply to any sale or use
after December 31, 2024.''.
(b) Credit Made Part of General Business Credit.-- Section 38(b),
as amended by the preceding provisions of this Act, is amended by
striking ``plus'' at the end of paragraph (33), by striking the period
at the end of paragraph (34) and inserting ``, plus'', and by inserting
after paragraph (34) the following new paragraph:
``(35) the sustainable aviation fuel credit determined under
section 40B.''.
(c) Coordination With Biodiesel Incentives.--
(1) In general.--Section 40A(d)(1) is amended by inserting ``or
40B'' after ``determined under section 40''.
(2) Conforming amendment.--Section 40A(f) is amended by
striking paragraph (4).
(d) Sustainable Aviation Fuel Added to Credit for Alcohol Fuel,
Biodiesel, and Alternative Fuel Mixtures.--
(1) In general.--Section 6426 is amended by adding at the end
the following new subsection:
``(k) Sustainable Aviation Fuel Credit.--
``(1) In general.--For purposes of this section, the
sustainable aviation fuel credit for the taxable year is, with
respect to any sale or use of a qualified mixture, an amount equal
to the product of--
``(A) the number of gallons of sustainable aviation fuel in
such mixture, multiplied by
``(B) the sum of--
``(i) $1.25, plus
``(ii) the applicable supplementary amount with respect
to such sustainable aviation fuel.
``(2) Definitions.--Any term used in this subsection which is
also used in section 40B shall have the meaning given such term by
section 40B.
``(3) Registration requirement.--For purposes of this
subsection, rules similar to the rules of section 40B(f) shall
apply.''.
(2) Conforming amendments.--
(A) Section 6426 is amended--
(i) in subsection (a)(1), by striking ``and (e)'' and
inserting ``(e), and (k)'', and
(ii) in subsection (h), by striking ``under section 40
or 40A'' and inserting ``under section 40, 40A, or 40B''.
(B) Section 6427(e) is amended--
(i) in the heading, by striking ``or Alternative Fuel''
and inserting, ``Alternative Fuel, or Sustainable Aviation
Fuel'',
(ii) in paragraph (1), by inserting ``or the
sustainable aviation fuel mixture credit'' after
``alternative fuel mixture credit'', and
(iii) in paragraph (6)--
(I) in subparagraph (C), by striking ``and'' at the
end,
(II) in subparagraph (D), by striking the period at
the end and inserting ``, and'', and
(III) by adding at the end the following new
subparagraph:
``(E) any qualified mixture of sustainable aviation fuel
(as defined in section 6426(k)(3)) sold or used after December
31, 2024.''.
(C) Section 4101(a)(1) is amended by inserting ``every
person producing or importing sustainable aviation fuel (as
defined in section 40B),'' before ``and every person producing
second generation biofuel''.
(D) The table of sections for subpart D of subchapter A of
chapter 1 is amended by inserting after the item relating to
section 40A the following new item:
``Sec. 40B. Sustainable aviation fuel credit.''.
(e) Amount of Credit Included in Gross Income.--Section 87 is
amended by striking ``and'' in paragraph (1), by striking the period at
the end of paragraph (2) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(3) the sustainable aviation fuel credit determined with
respect to the taxpayer for the taxable year under section
40B(a).''.
(f) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2022.

fd6dab1780114edb7797d480d5cffa1c2e28b898a91cdb412cd0ab7781c0daa6

(a) Credit for Production of Clean Hydrogen.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this Act, is
amended by adding at the end the following new section:
``SEC. 45V. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN.
``(a) Amount of Credit.--For purposes of section 38, the clean
hydrogen production credit for any taxable year is an amount equal to
the product of--
``(1) the kilograms of qualified clean hydrogen produced by the
taxpayer during such taxable year at a qualified clean hydrogen
production facility during the 10-year period beginning on the date
such facility was originally placed in service, multiplied by
``(2) the applicable amount (as determined under subsection
(b)) with respect to such hydrogen.
``(b) Applicable Amount.--
``(1) In general.--For purposes of subsection (a)(2), the
applicable amount shall be an amount equal to the applicable
percentage of $0.60. If any amount as determined under the
preceding sentence is not a multiple of 0.1 cent, such amount shall
be rounded to the nearest multiple of 0.1 cent.
``(2) Applicable percentage.--For purposes of paragraph (1),
the applicable percentage shall be determined as follows:
``(A) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of--
``(i) not greater than 4 kilograms of CO2e per kilogram
of hydrogen, and
``(ii) not less than 2.5 kilograms of CO2e per kilogram
of hydrogen,
the applicable percentage shall be 20 percent.
``(B) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of--
``(i) less than 2.5 kilograms of CO2e per kilogram of
hydrogen, and
``(ii) not less than 1.5 kilograms of CO2e per kilogram
of hydrogen,
the applicable percentage shall be 25 percent.
``(C) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of--
``(i) less than 1.5 kilograms of CO2e per kilogram of
hydrogen, and
``(ii) not less than 0.45 kilograms of CO2e per
kilogram of hydrogen,
the applicable percentage shall be 33.4 percent.
``(D) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of less than 0.45 kilograms of
CO2e per kilogram of hydrogen, the applicable percentage shall
be 100 percent.
``(3) Inflation adjustment.--The $0.60 amount in paragraph (1)
shall be adjusted by multiplying such amount by the inflation
adjustment factor (as determined under section 45(e)(2), determined
by substituting `2022' for `1992' in subparagraph (B) thereof) for
the calendar year in which the qualified clean hydrogen is
produced. If any amount as increased under the preceding sentence
is not a multiple of 0.1 cent, such amount shall be rounded to the
nearest multiple of 0.1 cent.
``(c) Definitions.--For purposes of this section--
``(1) Lifecycle greenhouse gas emissions.--
``(A) In general.--Subject to subparagraph (B), the term
`lifecycle greenhouse gas emissions' has the same meaning given
such term under subparagraph (H) of section 211(o)(1) of the
Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on the date
of enactment of this section.
``(B) GREET model.--The term `lifecycle greenhouse gas
emissions' shall only include emissions through the point of
production (well-to-gate), as determined under the most recent
Greenhouse gases, Regulated Emissions, and Energy use in
Transportation model (commonly referred to as the `GREET
model') developed by Argonne National Laboratory, or a
successor model (as determined by the Secretary).
``(2) Qualified clean hydrogen.--
``(A) In general.--The term `qualified clean hydrogen'
means hydrogen which is produced through a process that results
in a lifecycle greenhouse gas emissions rate of not greater
than 4 kilograms of CO2e per kilogram of hydrogen.
``(B) Additional requirements.--Such term shall not include
any hydrogen unless--
``(i) such hydrogen is produced--
``(I) in the United States (as defined in section
638(1)) or a possession of the United States (as
defined in section 638(2)),
``(II) in the ordinary course of a trade or
business of the taxpayer, and
``(III) for sale or use, and
``(ii) the production and sale or use of such hydrogen
is verified by an unrelated party.
``(C) Provisional emissions rate.--In the case of any
hydrogen for which a lifecycle greenhouse gas emissions rate
has not been determined for purposes of this section, a
taxpayer producing such hydrogen may file a petition with the
Secretary for determination of the lifecycle greenhouse gas
emissions rate with respect to such hydrogen.
``(3) Qualified clean hydrogen production facility.--The term
`qualified clean hydrogen production facility' means a facility--
``(A) owned by the taxpayer,
``(B) which produces qualified clean hydrogen, and
``(C) the construction of which begins before January 1,
2033.
``(d) Special Rules.--
``(1) Treatment of facilities owned by more than 1 taxpayer.--
Rules similar to the rules section 45(e)(3) shall apply for
purposes of this section.
``(2) Coordination with credit for carbon oxide
sequestration.--No credit shall be allowed under this section with
respect to any qualified clean hydrogen produced at a facility
which includes carbon capture equipment for which a credit is
allowed to any taxpayer under section 45Q for the taxable year or
any prior taxable year.
``(e) Increased Credit Amount for Qualified Clean Hydrogen
Production Facilities.--
``(1) In general.--In the case of any qualified clean hydrogen
production facility which satisfies the requirements of paragraph
(2), the amount of the credit determined under subsection (a) with
respect to qualified clean hydrogen described in subsection (b)(2)
shall be equal to such amount (determined without regard to this
sentence) multiplied by 5.
``(2) Requirements.--A facility meets the requirements of this
paragraph if it is one of the following:
``(A) A facility--
``(i) the construction of which begins prior to the
date that is 60 days after the Secretary publishes guidance
with respect to the requirements of paragraphs (3)(A) and
(4), and
``(ii) which meets the requirements of paragraph (3)(A)
with respect to alteration or repair of such facility which
occurs after such date.
``(B) A facility which satisfies the requirements of
paragraphs (3)(A) and (4).
``(3) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified clean hydrogen
production facility are that the taxpayer shall ensure that any
laborers and mechanics employed by the taxpayer or any
contractor or subcontractor in--
``(i) the construction of such facility, and
``(ii) with respect to any taxable year, for any
portion of such taxable year which is within the period
described in subsection (a)(2), the alteration or repair of
such facility,
shall be paid wages at rates not less than the prevailing rates
for construction, alteration, or repair of a similar character
in the locality in which such facility is located as most
recently determined by the Secretary of Labor, in accordance
with subchapter IV of chapter 31 of title 40, United States
Code. For purposes of determining an increased credit amount
under paragraph (1) for a taxable year, the requirement under
clause (ii) of this subparagraph is applied to such taxable
year in which the alteration or repair of qualified facility
occurs.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(4) Apprenticeship requirements.--Rules similar to the rules
of section 45(b)(8) shall apply.
``(5) Regulations and guidance.--The Secretary shall issue such
regulations or other guidance as the Secretary determines necessary
to carry out the purposes of this subsection, including regulations
or other guidance which provides for requirements for recordkeeping
or information reporting for purposes of administering the
requirements of this subsection.
``(f) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue regulations or
other guidance to carry out the purposes of this section, including
regulations or other guidance for determining lifecycle greenhouse gas
emissions.''.
(2) Credit reduced for tax-exempt bonds.--Section 45V(d), as
added by this section, is amended by adding at the end the
following new paragraph:
``(3) Credit reduced for tax-exempt bonds.--Rules similar to
the rule under section 45(b)(3) shall apply for purposes of this
section.''.
(3) Modification of existing facilities.--Section 45V(d), as
added and amended by the preceding provisions of this section, is
amended by adding at the end the following new paragraph:
``(4) Modification of existing facilities.--For purposes of
subsection (a)(1), in the case of any facility which--
``(A) was originally placed in service before January 1,
2023, and, prior to the modification described in subparagraph
(B), did not produce qualified clean hydrogen, and
``(B) after the date such facility was originally placed in
service--
``(i) is modified to produce qualified clean hydrogen,
and
``(ii) amounts paid or incurred with respect to such
modification are properly chargeable to capital account of
the taxpayer,
such facility shall be deemed to have been originally placed in
service as of the date that the property required to complete the
modification described in subparagraph (B) is placed in service.''.
(4) Conforming amendments.--
(A) Section 38(b), as amended by the preceding provisions
of this Act, is amended--
(i) in paragraph (34), by striking ``plus'' at the end,
(ii) in paragraph (35), by striking the period at the
end and inserting ``, plus'', and
(iii) by adding at the end the following new paragraph:
``(36) the clean hydrogen production credit determined under
section 45V(a).''.
(B) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new item:
``Sec. 45V. Credit for production of clean hydrogen.''.
(5) Effective dates.--
(A) In general.--The amendments made by paragraphs (1) and
(4) of this subsection shall apply to hydrogen produced after
December 31, 2022.
(B) Credit reduced for tax-exempt bonds.--The amendment
made by paragraph (2) shall apply to facilities the
construction of which begins after the date of enactment of
this Act.
(C) Modification of existing facilities.--The amendment
made by paragraph (3) shall apply to modifications made after
December 31, 2022.
(b) Credit for Electricity Produced From Renewable Resources
Allowed if Electricity Is Used to Produce Clean Hydrogen.--
(1) In general.--Section 45(e), as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new paragraph:
``(13) Special rule for electricity used at a qualified clean
hydrogen production facility.--Electricity produced by the taxpayer
shall be treated as sold by such taxpayer to an unrelated person
during the taxable year if--
``(A) such electricity is used during such taxable year by
the taxpayer or a person related to the taxpayer at a qualified
clean hydrogen production facility (as defined in section
45V(c)(3)) to produce qualified clean hydrogen (as defined in
section 45V(c)(2)), and
``(B) such use and production is verified (in such form or
manner as the Secretary may prescribe) by an unrelated third
party.''.
(2) Similar rule for zero-emission nuclear power production
credit.--Subsection (c)(2) of section 45U, as added by section
13105 of this Act, is amended by striking ``and (5)'' and inserting
``(5), and (13)''.
(3) Effective date.--The amendments made by this subsection
shall apply to electricity produced after December 31, 2022.
(c) Election to Treat Clean Hydrogen Production Facilities as
Energy Property.--
(1) In general.--Section 48(a), as amended by the preceding
provisions of this Act, is amended--
(A) by redesignating paragraph (15) as paragraph (16), and
(B) by inserting after paragraph (14) the following new
paragraph:
``(15) Election to treat clean hydrogen production facilities
as energy property.--
``(A) In general.--In the case of any qualified property
(as defined in paragraph (5)(D)) which is part of a specified
clean hydrogen production facility--
``(i) such property shall be treated as energy property
for purposes of this section, and
``(ii) the energy percentage with respect to such
property is--
``(I) in the case of a facility which is designed
and reasonably expected to produce qualified clean
hydrogen which is described in a subparagraph (A) of
section 45V(b)(2), 1.2 percent,
``(II) in the case of a facility which is designed
and reasonably expected to produce qualified clean
hydrogen which is described in a subparagraph (B) of
such section, 1.5 percent,
``(III) in the case of a facility which is designed
and reasonably expected to produce qualified clean
hydrogen which is described in a subparagraph (C) of
such section, 2 percent, and
``(IV) in the case of a facility which is designed
and reasonably expected to produce qualified clean
hydrogen which is described in subparagraph (D) of such
section, 6 percent.
``(B) Denial of production credit.--No credit shall be
allowed under section 45V or section 45Q for any taxable year
with respect to any specified clean hydrogen production
facility or any carbon capture equipment included at such
facility.
``(C) Specified clean hydrogen production facility.--For
purposes of this paragraph, the term `specified clean hydrogen
production facility' means any qualified clean hydrogen
production facility (as defined in section 45V(c)(3))--
``(i) which is placed in service after December 31,
2022,
``(ii) with respect to which--
``(I) no credit has been allowed under section 45V
or 45Q, and
``(II) the taxpayer makes an irrevocable election
to have this paragraph apply, and
``(iii) for which an unrelated third party has verified
(in such form or manner as the Secretary may prescribe)
that such facility produces hydrogen through a process
which results in lifecycle greenhouse gas emissions which
are consistent with the hydrogen that such facility was
designed and expected to produce under subparagraph
(A)(ii).
``(D) Qualified clean hydrogen.--For purposes of this
paragraph, the term `qualified clean hydrogen' has the meaning
given such term by section 45V(c)(2).
``(E) Regulations.--The Secretary shall issue such
regulations or other guidance as the Secretary determines
necessary to carry out the purposes of this section, including
regulations or other guidance which recaptures so much of any
credit allowed under this section as exceeds the amount of the
credit which would have been allowed if the expected production
were consistent with the actual verified production (or all of
the credit so allowed in the absence of such verification).''.
(2) Conforming amendment.--Paragraph (9)(A)(i) of section
48(a), as added by section 13102, is amended by inserting ``and
paragraph (15)'' after ``paragraphs (1) through (8)''.
(3) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31, 2022,
and, for any property the construction of which begins prior to
January 1, 2023, only to the extent of the basis thereof
attributable to the construction, reconstruction, or erection after
December 31, 2022.
(d) Termination of Excise Tax Credit for Hydrogen.--
(1) In general.--Section 6426(d)(2) is amended by striking
subparagraph (D) and by redesignating subparagraphs (E), (F), and
(G) as subparagraphs (D), (E), and (F), respectively.
(2) Conforming amendment.--Section 6426(e)(2) is amended by
striking ``(F)'' and inserting ``(E)''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2022.
PART 3--CLEAN ENERGY AND EFFICIENCY INCENTIVES FOR INDIVIDUALS

077dd995ff143b49ea60ead5b9db2fa731f5926a1181d0401ae6b23925d331b7

ENERGY PROPERTY CREDIT.
(a) Extension of Credit.--Section 25C(g)(2) is amended by striking
``December 31, 2021'' and inserting ``December 31, 2032''.
(b) Allowance of Credit.--Section 25C(a) is amended to read as
follows:
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 30 percent of the sum of--
``(1) the amount paid or incurred by the taxpayer for qualified
energy efficiency improvements installed during such taxable year,
and
``(2) the amount of the residential energy property
expenditures paid or incurred by the taxpayer during such taxable
year.''.
(c) Application of Annual Limitation in Lieu of Lifetime
Limitation.--Section 25C(b) is amended to read as follows:
``(b) Limitations.--
``(1) In general.--The credit allowed under this section with
respect to any taxpayer for any taxable year shall not exceed
$1,200.
``(2) Energy property.--The credit allowed under this section
by reason of subsection (a)(2) with respect to any taxpayer for any
taxable year shall not exceed, with respect to any item of
qualified energy property, $600.
``(3) Windows.--The credit allowed under this section by reason
of subsection (a)(1) with respect to any taxpayer for any taxable
year shall not exceed, in the aggregate with respect to all
exterior windows and skylights, $600.
``(4) Doors.--The credit allowed under this section by reason
of subsection (a)(1) with respect to any taxpayer for any taxable
year shall not exceed--
``(A) $250 in the case of any exterior door, and
``(B) $500 in the aggregate with respect to all exterior
doors.
``(5) Heat pump and heat pump water heaters; biomass stoves and
boilers.--Notwithstanding paragraphs (1) and (2), the credit
allowed under this section by reason of subsection (a)(2) with
respect to any taxpayer for any taxable year shall not, in the
aggregate, exceed $2,000 with respect to amounts paid or incurred
for property described in clauses (i) and (ii) of subsection
(d)(2)(A) and in subsection (d)(2)(B).''.
(d) Modifications Related to Qualified Energy Efficiency
Improvements.--
(1) Standards for energy efficient building envelope
components.--Section 25C(c)(2) is amended by striking ``meets--''
and all that follows through the period at the end and inserting
the following: ``meets--
``(A) in the case of an exterior window or skylight, Energy
Star most efficient certification requirements,
``(B) in the case of an exterior door, applicable Energy
Star requirements, and
``(C) in the case of any other component, the prescriptive
criteria for such component established by the most recent
International Energy Conservation Code standard in effect as of
the beginning of the calendar year which is 2 years prior to
the calendar year in which such component is placed in
service.''.
(2) Roofs not treated as building envelope components.--Section
25C(c)(3) is amended by adding ``and'' at the end of subparagraph
(B), by striking ``, and'' at the end of subparagraph (C) and
inserting a period, and by striking subparagraph (D).
(3) Air sealing insulation added to definition of building
envelope component.--Section 25C(c)(3)(A) is amended by inserting
``, including air sealing material or system,'' after ``material or
system''.
(e) Modification of Residential Energy Property Expenditures.--
Section 25C(d) is amended to read as follows:
``(d) Residential Energy Property Expenditures.--For purposes of
this section--
``(1) In general.--The term `residential energy property
expenditures' means expenditures made by the taxpayer for qualified
energy property which is--
``(A) installed on or in connection with a dwelling unit
located in the United States and used as a residence by the
taxpayer, and
``(B) originally placed in service by the taxpayer.
Such term includes expenditures for labor costs properly allocable
to the onsite preparation, assembly, or original installation of
the property.
``(2) Qualified energy property.--The term `qualified energy
property' means any of the following:
``(A) Any of the following which meet or exceed the highest
efficiency tier (not including any advanced tier) established
by the Consortium for Energy Efficiency which is in effect as
of the beginning of the calendar year in which the property is
placed in service:
``(i) An electric or natural gas heat pump water
heater.
``(ii) An electric or natural gas heat pump.
``(iii) A central air conditioner.
``(iv) A natural gas, propane, or oil water heater.
``(v) A natural gas, propane, or oil furnace or hot
water boiler.
``(B) A biomass stove or boiler which--
``(i) uses the burning of biomass fuel to heat a
dwelling unit located in the United States and used as a
residence by the taxpayer, or to heat water for use in such
a dwelling unit, and
``(ii) has a thermal efficiency rating of at least 75
percent (measured by the higher heating value of the fuel).
``(C) Any oil furnace or hot water boiler which--
``(i) is placed in service after December 31, 2022, and
before January 1, 2027, and--
``(I) meets or exceeds 2021 Energy Star efficiency
criteria, and
``(II) is rated by the manufacturer for use with
fuel blends at least 20 percent of the volume of which
consists of an eligible fuel, or
``(ii) is placed in service after December 31, 2026,
and--
``(I) achieves an annual fuel utilization
efficiency rate of not less than 90, and
``(II) is rated by the manufacturer for use with
fuel blends at least 50 percent of the volume of which
consists of an eligible fuel.
``(D) Any improvement to, or replacement of, a panelboard,
sub-panelboard, branch circuits, or feeders which--
``(i) is installed in a manner consistent with the
National Electric Code,
``(ii) has a load capacity of not less than 200 amps,
``(iii) is installed in conjunction with--
``(I) any qualified energy efficiency improvements,
or
``(II) any qualified energy property described in
subparagraphs (A) through (C) for which a credit is
allowed under this section for expenditures with
respect to such property, and
``(iv) enables the installation and use of any property
described in subclause (I) or (II) of clause (iii).
``(3) Eligible fuel.--For purposes of paragraph (2), the term
`eligible fuel' means--
``(A) biodiesel and renewable diesel (within the meaning of
section 40A), and
``(B) second generation biofuel (within the meaning of
section 40).''.
(f) Home Energy Audits.--
(1) In general.--Section 25C(a), as amended by subsection (b),
is amended by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(3) the amount paid or incurred by the taxpayer during the
taxable year for home energy audits.''.
(2) Limitation.--Section 25C(b), as amended by subsection (c),
is amended adding at the end the following new paragraph:
``(6) Home energy audits.--
``(A) Dollar limitation.--The amount of the credit allowed
under this section by reason of subsection (a)(3) shall not
exceed $150.
``(B) Substantiation requirement.--No credit shall be
allowed under this section by reason of subsection (a)(3)
unless the taxpayer includes with the taxpayer's return of tax
such information or documentation as the Secretary may
require.''.
(3) Home energy audits.--
(A) In general.--Section 25C is amended by redesignating
subsections (e), (f), and (g), as subsections (f), (g), and
(h), respectively, and by inserting after subsection (d) the
following new subsection:
``(e) Home Energy Audits.--For purposes of this section, the term
`home energy audit' means an inspection and written report with respect
to a dwelling unit located in the United States and owned or used by
the taxpayer as the taxpayer's principal residence (within the meaning
of section 121) which--
``(1) identifies the most significant and cost-effective energy
efficiency improvements with respect to such dwelling unit,
including an estimate of the energy and cost savings with respect
to each such improvement, and
``(2) is conducted and prepared by a home energy auditor that
meets the certification or other requirements specified by the
Secretary in regulations or other guidance (as prescribed by the
Secretary not later than 365 days after the date of the enactment
of this subsection).''.
(B) Conforming amendment.--Section 1016(a)(33) is amended
by striking ``section 25C(f)'' and inserting ``section
25C(g)''.
(4) Lack of substantiation treated as mathematical or clerical
error.--Section 6213(g)(2) is amended--
(A) in subparagraph (P), by striking ``and'' at the end,
(B) in subparagraph (Q), by striking the period at the end
and inserting ``, and'', and
(C) by inserting after subparagraph (Q) the following:
``(R) an omission of information or documentation required
under section 25C(b)(6)(B) (relating to home energy audits) to
be included on a return.''.
(g) Identification Number Requirement.--
(1) In general.--Section 25C, as amended by this section, is
amended by redesignating subsection (h) as subsection (i) and by
inserting after subsection (g) the following new subsection:
``(h) Product Identification Number Requirement.--
``(1) In general.--No credit shall be allowed under subsection
(a) with respect to any item of specified property placed in
service after December 31, 2024, unless--
``(A) such item is produced by a qualified manufacturer,
and
``(B) the taxpayer includes the qualified product
identification number of such item on the return of tax for the
taxable year.
``(2) Qualified product identification number.--For purposes of
this section, the term `qualified product identification number'
means, with respect to any item of specified property, the product
identification number assigned to such item by the qualified
manufacturer pursuant to the methodology referred to in paragraph
(3).
``(3) Qualified manufacturer.--For purposes of this section,
the term `qualified manufacturer' means any manufacturer of
specified property which enters into an agreement with the
Secretary which provides that such manufacturer will--
``(A) assign a product identification number to each item
of specified property produced by such manufacturer utilizing a
methodology that will ensure that such number (including any
alphanumeric) is unique to each such item (by utilizing numbers
or letters which are unique to such manufacturer or by such
other method as the Secretary may provide),
``(B) label such item with such number in such manner as
the Secretary may provide, and
``(C) make periodic written reports to the Secretary (at
such times and in such manner as the Secretary may provide) of
the product identification numbers so assigned and including
such information as the Secretary may require with respect to
the item of specified property to which such number was so
assigned.
``(4) Specified property.--For purposes of this subsection, the
term `specified property' means any qualified energy property and
any property described in subparagraph (B) or (C) of subsection
(c)(3).''.
(2) Omission of correct product identification number treated
as mathematical or clerical error.--Section 6213(g)(2), as amended
by the preceding provisions of this Act, is amended--
(A) in subparagraph (Q), by striking ``and'' at the end,
(B) in subparagraph (R), by striking the period at the end
and inserting ``, and'', and
(C) by inserting after subparagraph (R) the following:
``(S) an omission of a correct product identification
number required under section 25C(h) (relating to credit for
nonbusiness energy property) to be included on a return.''.
(h) Energy Efficient Home Improvement Credit.--
(1) In general.--The heading for section 25C is amended by
striking ``nonbusiness energy property'' and inserting ``energy
efficient home improvement credit''.
(2) Clerical amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 is amended by striking the
item relating to section 25C and inserting after the item relating
to section 25B the following item:
``Sec. 25C. Energy efficient home improvement credit.''.
(i) Effective Dates.--
(1) In general.--Except as otherwise provided by this
subsection, the amendments made by this section shall apply to
property placed in service after December 31, 2022.
(2) Extension of credit.--The amendments made by subsection (a)
shall apply to property placed in service after December 31, 2021.
(3) Identification number requirement.--The amendments made by
subsection (g) shall apply to property placed in service after
December 31, 2024.

e298cf7945152193c6c4dcd47df0c567160a7e39ea4cf74266626f8ef51fe6a8

(a) Extension of Credit.--
(1) In general.--Section 25D(h) is amended by striking
``December 31, 2023'' and inserting ``December 31, 2034''.
(2) Application of phaseout.--Section 25D(g) is amended--
(A) in paragraph (2), by striking ``before January 1, 2023,
26 percent, and'' and inserting ``before January 1, 2022, 26
percent,'', and
(B) by striking paragraph (3) and by inserting after
paragraph (2) the following new paragraphs:
``(3) in the case of property placed in service after December
31, 2021, and before January 1, 2033, 30 percent,
``(4) in the case of property placed in service after December
31, 2032, and before January 1, 2034, 26 percent, and
``(5) in the case of property placed in service after December
31, 2033, and before January 1, 2035, 22 percent.''.
(b) Residential Clean Energy Credit for Battery Storage Technology;
Certain Expenditures Disallowed.--
(1) Allowance of credit.--Paragraph (6) of section 25D(a) is
amended to read as follows:
``(6) the qualified battery storage technology expenditures,''.
(2) Definition of qualified battery storage technology
expenditure.--Paragraph (6) of section 25D(d) is amended to read as
follows:
``(6) Qualified battery storage technology expenditure.--The
term `qualified battery storage technology expenditure' means an
expenditure for battery storage technology which--
``(A) is installed in connection with a dwelling unit
located in the United States and used as a residence by the
taxpayer, and
``(B) has a capacity of not less than 3 kilowatt hours.''.
(c) Conforming Amendments.--
(1) Section 25D(d)(3) is amended by inserting ``, without
regard to subparagraph (D) thereof'' after ``section 48(c)(1)''.
(2) The heading for section 25D is amended by striking ``energy
efficient property'' and inserting ``clean energy credit''.
(3) The table of sections for subpart A of part IV of
subchapter A of chapter 1 is amended by striking the item relating
to section 25D and inserting the following:
``Sec. 25D. Residential clean energy credit.''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to expenditures made
after December 31, 2021.
(2) Residential clean energy credit for battery storage
technology; certain expenditures disallowed.--The amendments made
by subsection (b) shall apply to expenditures made after December
31, 2022.

9bd4cfa92ef68274f09a72859dbbde624af1b7c999cf86491e719c2e1058dc4d

(a) In General.--
(1) Maximum amount of deduction.--Subsection (b) of section
179D is amended to read as follows:
``(b) Maximum Amount of Deduction.--
``(1) In general.--The deduction under subsection (a) with
respect to any building for any taxable year shall not exceed the
excess (if any) of--
``(A) the product of--
``(i) the applicable dollar value, and
``(ii) the square footage of the building, over
``(B) the aggregate amount of the deductions under
subsections (a) and (f) with respect to the building for the 3
taxable years immediately preceding such taxable year (or, in
the case of any such deduction allowable to a person other than
the taxpayer, for any taxable year ending during the 4-taxable-
year period ending with such taxable year).
``(2) Applicable dollar value.--For purposes of paragraph
(1)(A)(i), the applicable dollar value shall be an amount equal to
$0.50 increased (but not above $1.00) by $0.02 for each percentage
point by which the total annual energy and power costs for the
building are certified to be reduced by a percentage greater than
25 percent.
``(3) Increased deduction amount for certain property.--
``(A) In general.--In the case of any property which
satisfies the requirements of subparagraph (B), paragraph (2)
shall be applied by substituting `$2.50' for `$0.50', `$.10'
for `$.02', and `$5.00' for `$1.00'.
``(B) Property requirements.--In the case of any energy
efficient commercial building property, energy efficient
building retrofit property, or property installed pursuant to a
qualified retrofit plan, such property shall meet the
requirements of this subparagraph if --
``(i) installation of such property begins prior to the
date that is 60 days after the Secretary publishes guidance
with respect to the requirements of paragraphs (4)(A) and
(5), or
``(ii) installation of such property satisfies the
requirements of paragraphs (4)(A) and (5).
``(4) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any property are that the taxpayer
shall ensure that any laborers and mechanics employed by the
taxpayer or any contractor or subcontractor in the installation
of any property shall be paid wages at rates not less than the
prevailing rates for construction, alteration, or repair of a
similar character in the locality in which such property is
located as most recently determined by the Secretary of Labor,
in accordance with subchapter IV of chapter 31 of title 40,
United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(5) Apprenticeship requirements.--Rules similar to the rules
of section 45(b)(8) shall apply.
``(6) Regulations.--The Secretary shall issue such regulations
or other guidance as the Secretary determines necessary to carry
out the purposes of this subsection, including regulations or other
guidance which provides for requirements for recordkeeping or
information reporting for purposes of administering the
requirements of this subsection.''.
(2) Modification of efficiency standard.--Section 179D(c)(1)(D)
is amended by striking ``50 percent'' and inserting ``25 percent''.
(3) Reference standard.--Section 179D(c)(2) is amended by
striking ``the most recent'' and inserting the following: ``the
more recent of--
``(A) Standard 90.1-2007 published by the American Society
of Heating, Refrigerating, and Air Conditioning Engineers and
the Illuminating Engineering Society of North America, or
``(B) the most recent''.
(4) Final determination; extension of period; placed in service
deadline.--Subparagraph (B) of section 179D(c)(2), as amended by
paragraph (3), is amended--
(A) by inserting ``for which the Department of Energy has
issued a final determination and'' before ``which has been
affirmed'',
(B) by striking ``2 years'' and inserting ``4 years'', and
(C) by striking ``that construction of such property
begins'' and inserting ``such property is placed in service''.
(5) Elimination of partial allowance.--
(A) In general.--Section 179D(d) is amended--
(i) by striking paragraph (1), and
(ii) by redesignating paragraphs (2) through (6) as
paragraphs (1) through (5), respectively.
(B) Conforming amendments.--
(i) Section 179D(c)(1)(D) is amended--
(I) by striking ``subsection (d)(6)'' and inserting
``subsection (d)(5)'', and
(II) by striking ``subsection (d)(2)'' and
inserting ``subsection (d)(1)''.
(ii) Paragraph (2)(A) of section 179D(d), as
redesignated by subparagraph (A), is amended by striking
``paragraph (2)'' and inserting ``paragraph (1)''.
(iii) Paragraph (4) of section 179D(d), as redesignated
by subparagraph (A), is amended by striking ``paragraph
(3)(B)(iii)'' and inserting ``paragraph (2)(B)(iii)''.
(iv) Section 179D is amended by striking subsection
(f).
(v) Section 179D(h) is amended by striking ``or
(d)(1)(A)''.
(6) Allocation of deduction by certain tax-exempt entities.--
Paragraph (3) of section 179D(d), as redesignated by paragraph
(5)(A), is amended to read as follows:
``(3) Allocation of deduction by certain tax-exempt entities.--
``(A) In general.--In the case of energy efficient
commercial building property installed on or in property owned
by a specified tax-exempt entity, the Secretary shall
promulgate regulations or guidance to allow the allocation of
the deduction to the person primarily responsible for designing
the property in lieu of the owner of such property. Such person
shall be treated as the taxpayer for purposes of this section.
``(B) Specified tax-exempt entity.--For purposes of this
paragraph, the term `specified tax-exempt entity' means--
``(i) the United States, any State or political
subdivision thereof, any possession of the United States,
or any agency or instrumentality of any of the foregoing,
``(ii) an Indian tribal government (as defined in
section 30D(g)(9)) or Alaska Native Corporation (as defined
in section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(m)), and
``(iii) any organization exempt from tax imposed by
this chapter.''.
(7) Alternative deduction for energy efficient building
retrofit property.--Section 179D, as amended by the preceding
provisions of this section, is amended by inserting after
subsection (e) the following new subsection:
``(f) Alternative Deduction for Energy Efficient Building Retrofit
Property.--
``(1) In general.--In the case of a taxpayer which elects (at
such time and in such manner as the Secretary may provide) the
application of this subsection with respect to any qualified
building, there shall be allowed as a deduction for the taxable
year which includes the date of the qualifying final certification
with respect to the qualified retrofit plan of such building, an
amount equal to the lesser of--
``(A) the excess described in subsection (b) (determined by
substituting `energy use intensity' for `total annual energy
and power costs' in paragraph (2) thereof), or
``(B) the aggregate adjusted basis (determined after taking
into account all adjustments with respect to such taxable year
other than the reduction under subsection (e)) of energy
efficient building retrofit property placed in service by the
taxpayer pursuant to such qualified retrofit plan.
``(2) Qualified retrofit plan.--For purposes of this
subsection, the term `qualified retrofit plan' means a written plan
prepared by a qualified professional which specifies modifications
to a building which, in the aggregate, are expected to reduce such
building's energy use intensity by 25 percent or more in comparison
to the baseline energy use intensity of such building. Such plan
shall provide for a qualified professional to--
``(A) as of any date during the 1-year period ending on the
date on which the property installed pursuant to such plan is
placed in service, certify the energy use intensity of such
building as of such date,
``(B) certify the status of property installed pursuant to
such plan as meeting the requirements of subparagraphs (B) and
(C) of paragraph (3), and
``(C) as of any date that is more than 1 year after the
date on which the property installed pursuant to such plan is
placed in service, certify the energy use intensity of such
building as of such date.
``(3) Energy efficient building retrofit property.--For
purposes of this subsection, the term `energy efficient building
retrofit property' means property--
``(A) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable,
``(B) which is installed on or in any qualified building,
``(C) which is installed as part of--
``(i) the interior lighting systems,
``(ii) the heating, cooling, ventilation, and hot water
systems, or
``(iii) the building envelope, and
``(D) which is certified in accordance with paragraph
(2)(B) as meeting the requirements of subparagraphs (B) and
(C).
``(4) Qualified building.--For purposes of this subsection, the
term `qualified building' means any building which--
``(A) is located in the United States, and
``(B) was originally placed in service not less than 5
years before the establishment of the qualified retrofit plan
with respect to such building.
``(5) Qualifying final certification.--For purposes of this
subsection, the term `qualifying final certification' means, with
respect to any qualified retrofit plan, the certification described
in paragraph (2)(C) if the energy use intensity certified in such
certification is not more than 75 percent of the baseline energy
use intensity of the building.
``(6) Baseline energy use intensity.--
``(A) In general.--For purposes of this subsection, the
term `baseline energy use intensity' means the energy use
intensity certified under paragraph (2)(A), as adjusted to take
into account weather.
``(B) Determination of adjustment.--For purposes of
subparagraph (A), the adjustments described in such
subparagraph shall be determined in such manner as the
Secretary may provide.
``(7) Other definitions.--For purposes of this subsection--
``(A) Energy use intensity.--The term `energy use
intensity' means the annualized, measured site energy use
intensity determined in accordance with such regulations or
other guidance as the Secretary may provide and measured in
British thermal units.
``(B) Qualified professional.--The term `qualified
professional' means an individual who is a licensed architect
or a licensed engineer and meets such other requirements as the
Secretary may provide.
``(8) Coordination with deduction otherwise allowed under
subsection (a).--
``(A) In general.--In the case of any building with respect
to which an election is made under paragraph (1), the term
`energy efficient commercial building property' shall not
include any energy efficient building retrofit property with
respect to which a deduction is allowable under this
subsection.
``(B) Certain rules not applicable.--
``(i) In general.--Except as provided in clause (ii),
subsection (d) shall not apply for purposes of this
subsection.
``(ii) Allocation of deduction by certain tax-exempt
entities.--Rules similar to subsection (d)(3) shall apply
for purposes of this subsection.''.
(8) Inflation adjustment.--Section 179D(g) is amended--
(A) by striking ``2020'' and inserting ``2022'',
(B) by striking ``or subsection (d)(1)(A)'', and
(C) by striking ``2019'' and inserting ``2021''.
(b) Application to Real Estate Investment Trust Earnings and
Profits.--Section 312(k)(3)(B) is amended--
(1) by striking ``For purposes of computing the earnings and
profits of a corporation'' and inserting the following:
``(i) In general.--For purposes of computing the
earnings and profits of a corporation, except as provided
in clause (ii)'', and
(2) by adding at the end the following new clause:
``(ii) Special rule.--In the case of a corporation that
is a real estate investment trust, any amount deductible
under section 179D shall be allowed in the year in which
the property giving rise to such deduction is placed in
service (or, in the case of energy efficient building
retrofit property, the year in which the qualifying final
certification is made).''.
(c) Conforming Amendment.--Paragraph (1) of section 179D(d), as
redesignated by subsection (a)(5)(A), is amended by striking ``not
later than the date that is 2 years before the date that construction
of such property begins'' and inserting ``not later than the date that
is 4 years before the date such property is placed in service''.
(d) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years beginning after December 31, 2022.
(2) Alternative deduction for energy efficient building
retrofit property.--Subsection (f) of section 179D of the Internal
Revenue Code of 1986 (as amended by this section), and any other
provision of such section solely for purposes of applying such
subsection, shall apply to property placed in service after
December 31, 2022 (in taxable years ending after such date) if such
property is placed in service pursuant to qualified retrofit plan
(within the meaning of such section) established after such date.

883c0d45343a44b31ac2f89c834f6d7fd462a105bf552030eabf0f61d7336036

EFFICIENT HOME CREDIT.
(a) Extension of Credit.--Section 45L(g) is amended by striking
``December 31, 2021'' and inserting ``December 31, 2032''.
(b) Increase in Credit Amounts.--Paragraph (2) of section 45L(a) is
amended to read as follows:
``(2) Applicable amount.--For purposes of paragraph (1), the
applicable amount is an amount equal to--
``(A) in the case of a dwelling unit which is eligible to
participate in the Energy Star Residential New Construction
Program or the Energy Star Manufactured New Homes program--
``(i) which meets the requirements of subsection
(c)(1)(A) (and which does not meet the requirements of
subsection (c)(1)(B)), $2,500, and
``(ii) which meets the requirements of subsection
(c)(1)(B), $5,000, and
``(B) in the case of a dwelling unit which is part of a
building eligible to participate in the Energy Star Multifamily
New Construction Program--
``(i) which meets the requirements of subsection
(c)(1)(A) (and which does not meet the requirements of
subsection (c)(1)(B)), $500, and
``(ii) which meets the requirements of subsection
(c)(1)(B), $1,000.''.
(c) Modification of Energy Saving Requirements.--Section 45L(c) is
amended to read as follows:
``(c) Energy Saving Requirements.--
``(1) In general.--
``(A) In general.--A dwelling unit meets the requirements
of this subparagraph if such dwelling unit meets the
requirements of paragraph (2) or (3) (whichever is applicable).
``(B) Zero energy ready home program.--A dwelling unit
meets the requirements of this subparagraph if such dwelling
unit is certified as a zero energy ready home under the zero
energy ready home program of the Department of Energy as in
effect on January 1, 2023 (or any successor program determined
by the Secretary).
``(2) Single-family home requirements.--A dwelling unit meets
the requirements of this paragraph if--
``(A) such dwelling unit meets--
``(i)(I) in the case of a dwelling unit acquired before
January 1, 2025, the Energy Star Single-Family New Homes
National Program Requirements 3.1, or
``(II) in the case of a dwelling unit acquired after
December 31, 2024, the Energy Star Single-Family New Homes
National Program Requirements 3.2, and
``(ii) the most recent Energy Star Single-Family New
Homes Program Requirements applicable to the location of
such dwelling unit (as in effect on the latter of January
1, 2023, or January 1 of two calendar years prior to the
date the dwelling unit was acquired), or
``(B) such dwelling unit meets the most recent Energy Star
Manufactured Home National program requirements as in effect on
the latter of January 1, 2023, or January 1 of two calendar
years prior to the date such dwelling unit is acquired.
``(3) Multi-family home requirements.--A dwelling unit meets
the requirements of this paragraph if--
``(A) such dwelling unit meets the most recent Energy Star
Multifamily New Construction National Program Requirements (as
in effect on either January 1, 2023, or January 1 of three
calendar years prior to the date the dwelling was acquired,
whichever is later), and
``(B) such dwelling unit meets the most recent Energy Star
Multifamily New Construction Regional Program Requirements
applicable to the location of such dwelling unit (as in effect
on either January 1, 2023, or January 1 of three calendar years
prior to the date the dwelling was acquired, whichever is
later).''.
(d) Prevailing Wage Requirement.--Section 45L is amended by
redesignating subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Prevailing Wage Requirement.--
``(1) In general.--In the case of a qualifying residence
described in subsection (a)(2)(B) meeting the prevailing wage
requirements of paragraph (2)(A), the credit amount allowed with
respect to such residence shall be--
``(A) $2,500 in the case of a residence which meets the
requirements of subparagraph (A) of subsection (c)(1) (and
which does not meet the requirements of subparagraph (B) of
such subsection), and
``(B) $5,000 in the case of a residence which meets the
requirements of subsection (c)(1)(B).
``(2) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified residence are that
the taxpayer shall ensure that any laborers and mechanics
employed by the taxpayer or any contractor or subcontractor in
the construction of such residence shall be paid wages at rates
not less than the prevailing rates for construction,
alteration, or repair of a similar character in the locality in
which such residence is located as most recently determined by
the Secretary of Labor, in accordance with subchapter IV of
chapter 31 of title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(3) Regulations and guidance.--The Secretary shall issue such
regulations or other guidance as the Secretary determines necessary
to carry out the purposes of this subsection, including regulations
or other guidance which provides for requirements for recordkeeping
or information reporting for purposes of administering the
requirements of this subsection.''.
(e) Basis Adjustment.--Section 45L(e) is amended by inserting after
the first sentence the following: ``This subsection shall not apply for
purposes of determining the adjusted basis of any building under
section 42.''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to dwelling units
acquired after December 31, 2022.
(2) Extension of credit.--The amendments made by subsection (a)
shall apply to dwelling units acquired after December 31, 2021.
PART 4--CLEAN VEHICLES

9ae7ab05a0aa761a83672f58b60feb5e6d26185f79e7fd22552ec572e760b9de

752c82b6f50d87eedd12550786b25434a071c6ace55ac75e763ca33939e65614

(a) In General.--Subpart A of part IV of subchapter A of chapter 1
is amended by inserting after section 25D the following new section:
``SEC. 25E. PREVIOUSLY-OWNED CLEAN VEHICLES.
``(a) Allowance of Credit.--In the case of a qualified buyer who
during a taxable year places in service a previously-owned clean
vehicle, there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year an amount equal to the lesser of--
``(1) $4,000, or
``(2) the amount equal to 30 percent of the sale price with
respect to such vehicle.
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--No credit shall be allowed under subsection
(a) for any taxable year if--
``(A) the lesser of--
``(i) the modified adjusted gross income of the
taxpayer for such taxable year, or
``(ii) the modified adjusted gross income of the
taxpayer for the preceding taxable year, exceeds
``(B) the threshold amount.
``(2) Threshold amount.--For purposes of paragraph (1)(B), the
threshold amount shall be--
``(A) in the case of a joint return or a surviving spouse
(as defined in section 2(a)), $150,000,
``(B) in the case of a head of household (as defined in
section 2(b)), $112,500, and
``(C) in the case of a taxpayer not described in
subparagraph (A) or (B), $75,000.
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means
adjusted gross income increased by any amount excluded from gross
income under section 911, 931, or 933.
``(c) Definitions.--For purposes of this section--
``(1) Previously-owned clean vehicle.--The term `previously-
owned clean vehicle' means, with respect to a taxpayer, a motor
vehicle--
``(A) the model year of which is at least 2 years earlier
than the calendar year in which the taxpayer acquires such
vehicle,
``(B) the original use of which commences with a person
other than the taxpayer,
``(C) which is acquired by the taxpayer in a qualified
sale, and
``(D) which--
``(i) meets the requirements of subparagraphs (C), (D),
(E), (F), and (H) (except for clause (iv) thereof) of
section 30D(d)(1), or
``(ii) is a motor vehicle which--
``(I) satisfies the requirements under
subparagraphs (A) and (B) of section 30B(b)(3), and
``(II) has a gross vehicle weight rating of less
than 14,000 pounds.
``(2) Qualified sale.--The term `qualified sale' means a sale
of a motor vehicle--
``(A) by a dealer (as defined in section 30D(g)(8)),
``(B) for a sale price which does not exceed $25,000, and
``(C) which is the first transfer since the date of the
enactment of this section to a qualified buyer other than the
person with whom the original use of such vehicle commenced.
``(3) Qualified buyer.--The term `qualified buyer' means, with
respect to a sale of a motor vehicle, a taxpayer--
``(A) who is an individual,
``(B) who purchases such vehicle for use and not for
resale,
``(C) with respect to whom no deduction is allowable with
respect to another taxpayer under section 151, and
``(D) who has not been allowed a credit under this section
for any sale during the 3-year period ending on the date of the
sale of such vehicle.
``(4) Motor vehicle; capacity.--The terms `motor vehicle' and
`capacity' have the meaning given such terms in paragraphs (2) and
(4) of section 30D(d), respectively.
``(d) VIN Number Requirement.--No credit shall be allowed under
subsection (a) with respect to any vehicle unless the taxpayer includes
the vehicle identification number of such vehicle on the return of tax
for the taxable year.
``(e) Application of Certain Rules.--For purposes of this section,
rules similar to the rules of section 30D(f) (without regard to
paragraph (10) or (11) thereof) shall apply for purposes of this
section.
``(f) Termination.--No credit shall be allowed under this section
with respect to any vehicle acquired after December 31, 2032.''.
(b) Transfer of Credit.--Section 25E, as added by subsection (a),
is amended--
(1) by redesignating subsection (f) as subsection (g), and
(2) by inserting after subsection (e) the following:
``(f) Transfer of Credit.--Rules similar to the rules of section
30D(g) shall apply.''.
(c) Conforming Amendments.--Section 6213(g)(2), as amended by the
preceding provisions of this Act, is amended--
(1) in subparagraph (S), by striking ``and'' at the end,
(2) in subparagraph (T), by striking the period at the end and
inserting ``, and'', and
(3) by inserting after subparagraph (T) the following:
``(U) an omission of a correct vehicle identification
number required under section 25E(d) (relating to credit for
previously-owned clean vehicles) to be included on a return.''.
(d) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 is amended by inserting after the
item relating to section 25D the following new item:
``Sec. 25E. Previously-owned clean vehicles.''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to vehicles acquired
after December 31, 2022.
(2) Transfer of credit.--The amendments made by subsection (b)
shall apply to vehicles acquired after December 31, 2023.

35d519a654db4cb4a60302d3a06d97c5062c59eae7746558ee2fa04c5c8973d0

(a) In General.--Subpart D of part IV of subchapter A of chapter 1,
as amended by the preceding provisions of this Act, is amended by
adding at the end the following new section:
``SEC. 45W. CREDIT FOR QUALIFIED COMMERCIAL CLEAN VEHICLES.
``(a) In General.--For purposes of section 38, the qualified
commercial clean vehicle credit for any taxable year is an amount equal
to the sum of the credit amounts determined under subsection (b) with
respect to each qualified commercial clean vehicle placed in service by
the taxpayer during the taxable year.
``(b) Per Vehicle Amount.--
``(1) In general.--Subject to paragraph (4), the amount
determined under this subsection with respect to any qualified
commercial clean vehicle shall be equal to the lesser of--
``(A) 15 percent of the basis of such vehicle (30 percent
in the case of a vehicle not powered by a gasoline or diesel
internal combustion engine), or
``(B) the incremental cost of such vehicle.
``(2) Incremental cost.--For purposes of paragraph (1)(B), the
incremental cost of any qualified commercial clean vehicle is an
amount equal to the excess of the purchase price for such vehicle
over such price of a comparable vehicle.
``(3) Comparable vehicle.--For purposes of this subsection, the
term `comparable vehicle' means, with respect to any qualified
commercial clean vehicle, any vehicle which is powered solely by a
gasoline or diesel internal combustion engine and which is
comparable in size and use to such vehicle.
``(4) Limitation.--The amount determined under this subsection
with respect to any qualified commercial clean vehicle shall not
exceed--
``(A) in the case of a vehicle which has a gross vehicle
weight rating of less than 14,000 pounds, $7,500, and
``(B) in the case of a vehicle not described in
subparagraph (A), $40,000.
``(c) Qualified Commercial Clean Vehicle.--For purposes of this
section, the term `qualified commercial clean vehicle' means any
vehicle which--
``(1) meets the requirements of section 30D(d)(1)(C) and is
acquired for use or lease by the taxpayer and not for resale,
``(2) either--
``(A) meets the requirements of subparagraph (D) of section
30D(d)(1) and is manufactured primarily for use on public
streets, roads, and highways (not including a vehicle operated
exclusively on a rail or rails), or
``(B) is mobile machinery, as defined in section 4053(8)
(including vehicles that are not designed to perform a function
of transporting a load over the public highways),
``(3) either--
``(A) is propelled to a significant extent by an electric
motor which draws electricity from a battery which has a
capacity of not less than 15 kilowatt hours (or, in the case of
a vehicle which has a gross vehicle weight rating of less than
14,000 pounds, 7 kilowatt hours) and is capable of being
recharged from an external source of electricity, or
``(B) is a motor vehicle which satisfies the requirements
under subparagraphs (A) and (B) of section 30B(b)(3), and
``(4) is of a character subject to the allowance for
depreciation.
``(d) Special Rules.--
``(1) In general.--Rules similar to the rules under subsection
(f) of section 30D (without regard to paragraph (10) or (11)
thereof) shall apply for purposes of this section.
``(2) Vehicles placed in service by tax-exempt entities.--
Subsection (c)(4) shall not apply to any vehicle which is not
subject to a lease and which is placed in service by a tax-exempt
entity described in clause (i), (ii), or (iv) of section
168(h)(2)(A).
``(3) No double benefit.--No credit shall be allowed under this
section with respect to any vehicle for which a credit was allowed
under section 30D.
``(e) VIN Number Requirement.--No credit shall be determined under
subsection (a) with respect to any vehicle unless the taxpayer includes
the vehicle identification number of such vehicle on the return of tax
for the taxable year.
``(f) Regulations and Guidance.--The Secretary shall issue such
regulations or other guidance as the Secretary determines necessary to
carry out the purposes of this section, including regulations or other
guidance relating to determination of the incremental cost of any
qualified commercial clean vehicle.
``(g) Termination.--No credit shall be determined under this
section with respect to any vehicle acquired after December 31,
2032.''.
(b) Conforming Amendments.--
(1) Section 38(b), as amended by the preceding provisions of
this Act, is amended--
(A) in paragraph (35), by striking ``plus'' at the end,
(B) in paragraph (36), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(37) the qualified commercial clean vehicle credit determined
under section 45W.''.
(2) Section 6213(g)(2), as amended by the preceding provisions
of this Act, is amended--
(A) in subparagraph (T), by striking ``and'' at the end,
(B) in subparagraph (U), by striking the period at the end
and inserting ``, and'', and
(C) by inserting after subparagraph (U) the following:
``(V) an omission of a correct vehicle identification
number required under section 45W(e) (relating to commercial
clean vehicle credit) to be included on a return.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by the preceding provisions
of this Act, is amended by adding at the end the following new
item:
``Sec. 45W. Qualified commercial clean vehicle credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to vehicles acquired after December 31, 2022.

cc2b3ec6516811c08c66ea2aa8ffdc9a6e813f0f7c4f65e73bde8e2d9537352b

(a) In General.--Section 30C(g) is amended by striking ``December
31, 2021'' and inserting ``December 31, 2032''.
(b) Credit for Property of a Character Subject to Depreciation.--
(1) In general.--Section 30C(a) is amended by inserting ``(6
percent in the case of property of a character subject to
depreciation)'' after ``30 percent''.
(2) Modification of credit limitation.--Subsection (b) of
section 30C is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``with respect to all'' and inserting
``with respect to any single item of'', and
(ii) by striking ``at a location'', and
(B) in paragraph (1), by striking ``$30,000 in the case of
a property'' and inserting ``$100,000 in the case of any such
item of property''.
(3) Bidirectional charging equipment included as qualified
alternative fuel vehicle refueling property.--Section 30C(c) is
amended to read as follows:
``(c) Qualified Alternative Fuel Vehicle Refueling Property.--For
purposes of this section--
``(1) In general.--The term `qualified alternative fuel vehicle
refueling property' has the same meaning as the term `qualified
clean-fuel vehicle refueling property' would have under section
179A if--
``(A) paragraph (1) of section 179A(d) did not apply to
property installed on property which is used as the principal
residence (within the meaning of section 121) of the taxpayer,
and
``(B) only the following were treated as clean-burning
fuels for purposes of section 179A(d):
``(i) Any fuel at least 85 percent of the volume of
which consists of one or more of the following: ethanol,
natural gas, compressed natural gas, liquified natural gas,
liquefied petroleum gas, or hydrogen.
``(ii) Any mixture--
``(I) which consists of two or more of the
following: biodiesel (as defined in section 40A(d)(1)),
diesel fuel (as defined in section 4083(a)(3)), or
kerosene, and
``(II) at least 20 percent of the volume of which
consists of biodiesel (as so defined) determined
without regard to any kerosene in such mixture.
``(iii) Electricity.
``(2) Bidirectional charging equipment.--Property shall not
fail to be treated as qualified alternative fuel vehicle refueling
property solely because such property--
``(A) is capable of charging the battery of a motor vehicle
propelled by electricity, and
``(B) allows discharging electricity from such battery to
an electric load external to such motor vehicle.''.
(c) Certain Electric Charging Stations Included as Qualified
Alternative Fuel Vehicle Refueling Property.--Section 30C is amended by
redesignating subsections (f) and (g) as subsections (g) and (h),
respectively, and by inserting after subsection (e) the following:
``(f) Special Rule for Electric Charging Stations for Certain
Vehicles With 2 or 3 Wheels.--For purposes of this section--
``(1) In general.--The term `qualified alternative fuel vehicle
refueling property' includes any property described in subsection
(c) for the recharging of a motor vehicle described in paragraph
(2), but only if such property--
``(A) meets the requirements of subsection (a)(2), and
``(B) is of a character subject to depreciation.
``(2) Motor vehicle.--A motor vehicle is described in this
paragraph if the motor vehicle--
``(A) is manufactured primarily for use on public streets,
roads, or highways (not including a vehicle operated
exclusively on a rail or rails),
``(B) has 2 or 3 wheels, and
``(C) is propelled by electricity.''.
(d) Wage and Apprenticeship Requirements.--Section 30C, as amended
by this section, is further amended by redesignating subsections (g)
and (h) as subsections (h) and (i) and by inserting after subsection
(f) the following new subsection:
``(g) Wage and Apprenticeship Requirements.--
``(1) Increased credit amount.--
``(A) In general.--In the case of any qualified alternative
fuel vehicle refueling project which satisfies the requirements
of subparagraph (C), the amount of the credit determined under
subsection (a) for any qualified alternative fuel vehicle
refueling property of a character subject to an allowance for
depreciation which is part of such project shall be equal to
such amount (determined without regard to this sentence)
multiplied by 5.
``(B) Qualified alternative fuel vehicle refueling
project.--For purposes of this subsection, the term `qualified
alternative fuel vehicle refueling project' means a project
consisting of one or more properties that are part of a single
project.
``(C) Project requirements.--A project meets the
requirements of this subparagraph if it is one of the
following:
``(i) A project the construction of which begins prior
to the date that is 60 days after the Secretary publishes
guidance with respect to the requirements of paragraphs
(2)(A) and (3).
``(ii) A project which satisfies the requirements of
paragraphs (2)(A) and (3).
``(2) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified alternative fuel
vehicle refueling project are that the taxpayer shall ensure
that any laborers and mechanics employed by the taxpayer or any
contractor or subcontractor in the construction of any
qualified alternative fuel vehicle refueling property which is
part of such project shall be paid wages at rates not less than
the prevailing rates for construction, alteration, or repair of
a similar character in the locality in which such project is
located as most recently determined by the Secretary of Labor,
in accordance with subchapter IV of chapter 31 of title 40,
United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(3) Apprenticeship requirements.--Rules similar to the rules
of section 45(b)(8) shall apply.
``(4) Regulations and guidance.--The Secretary shall issue such
regulations or other guidance as the Secretary determines necessary
to carry out the purposes of this subsection, including regulations
or other guidance which provides for requirements for recordkeeping
or information reporting for purposes of administering the
requirements of this subsection.''.
(e) Eligible Census Tracts.--Subsection (c) of section 30C, as
amended by subsection (b)(3), is amended by adding at the end the
following:
``(3) Property required to be located in eligible census
tracts.--
``(A) In general.--Property shall not be treated as
qualified alternative fuel vehicle refueling property unless
such property is placed in service in an eligible census tract.
``(B) Eligible census tract.--
``(i) In general.--For purposes of this paragraph, the
term `eligible census tract' means any population census
tract which--
``(I) is described in section 45D(e), or
``(II) is not an urban area.
``(ii) Urban area.--For purposes of clause (i)(II), the
term `urban area' means a census tract (as defined by the
Bureau of the Census) which, according to the most recent
decennial census, has been designated as an urban area by
the Secretary of Commerce.''.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed in
service after December 31, 2022.
(2) Extension.--The amendments made by subsection (a) shall
apply to property placed in service after December 31, 2021.
PART 5--INVESTMENT IN CLEAN ENERGY MANUFACTURING AND ENERGY SECURITY

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(a) Extension of Credit.--Section 48C is amended by redesignating
subsection (e) as subsection (f) and by inserting after subsection (d)
the following new subsection:
``(e) Additional Allocations.--
``(1) In general.--Not later than 180 days after the date of
enactment of this subsection, the Secretary shall establish a
program to consider and award certifications for qualified
investments eligible for credits under this section to qualifying
advanced energy project sponsors.
``(2) Limitation.--The total amount of credits which may be
allocated under the program established under paragraph (1) shall
not exceed $10,000,000,000, of which not greater than
$6,000,000,000 may be allocated to qualified investments which are
not located within a census tract which--
``(A) is described in clause (iii) of section 45(b)(11)(B),
and
``(B) prior to the date of enactment of this subsection,
had no project which received a certification and allocation of
credits under subsection (d).
``(3) Certifications.--
``(A) Application requirement.--Each applicant for
certification under this subsection shall submit an application
at such time and containing such information as the Secretary
may require.
``(B) Time to meet criteria for certification.--Each
applicant for certification shall have 2 years from the date of
acceptance by the Secretary of the application during which to
provide to the Secretary evidence that the requirements of the
certification have been met.
``(C) Period of issuance.--An applicant which receives a
certification shall have 2 years from the date of issuance of
the certification in order to place the project in service and
to notify the Secretary that such project has been so placed in
service, and if such project is not placed in service by that
time period, then the certification shall no longer be valid.
If any certification is revoked under this subparagraph, the
amount of the limitation under paragraph (2) shall be increased
by the amount of the credit with respect to such revoked
certification.
``(D) Location of project.--In the case of an applicant
which receives a certification, if the Secretary determines
that the project has been placed in service at a location which
is materially different than the location specified in the
application for such project, the certification shall no longer
be valid.
``(4) Credit rate conditioned upon wage and apprenticeship
requirements.--
``(A) Base rate.--For purposes of allocations under this
subsection, the amount of the credit determined under
subsection (a) shall be determined by substituting `6 percent'
for `30 percent'.
``(B) Alternative rate.--In the case of any project which
satisfies the requirements of paragraphs (5)(A) and (6),
subparagraph (A) shall not apply.
``(5) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to a project are that the taxpayer
shall ensure that any laborers and mechanics employed by the
taxpayer or any contractor or subcontractor in the re-
equipping, expansion, or establishment of a manufacturing
facility shall be paid wages at rates not less than the
prevailing rates for construction, alteration, or repair of a
similar character in the locality in which such project is
located as most recently determined by the Secretary of Labor,
in accordance with subchapter IV of chapter 31 of title 40,
United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of section
45(b)(7)(B) shall apply.
``(6) Apprenticeship requirements.--Rules similar to the rules
of section 45(b)(8) shall apply.
``(7) Disclosure of allocations.--The Secretary shall, upon
making a certification under this subsection, publicly disclose the
identity of the applicant and the amount of the credit with respect
to such applicant.''.
(b) Modification of Qualifying Advanced Energy Projects.--Section
48C(c)(1)(A) is amended--
(1) by inserting ``, any portion of the qualified investment of
which is certified by the Secretary under subsection (e) as
eligible for a credit under this section'' after ``means a
project'',
(2) in clause (i)--
(A) by striking ``a manufacturing facility for the
production of'' and inserting ``an industrial or manufacturing
facility for the production or recycling of'',
(B) in clause (I), by inserting ``water,'' after ``sun,'',
(C) in clause (II), by striking ``an energy storage system
for use with electric or hybrid-electric motor vehicles'' and
inserting ``energy storage systems and components'',
(D) in clause (III), by striking ``grids to support the
transmission of intermittent sources of renewable energy,
including storage of such energy'' and inserting ``grid
modernization equipment or components'',
(E) in subclause (IV), by striking ``and sequester carbon
dioxide emissions'' and inserting ``, remove, use, or sequester
carbon oxide emissions'',
(F) by striking subclause (V) and inserting the following:
``(V) equipment designed to refine, electrolyze, or
blend any fuel, chemical, or product which is--
``(aa) renewable, or
``(bb) low-carbon and low-emission,'',
(G) by striking subclause (VI),
(H) by redesignating subclause (VII) as subclause (IX),
(I) by inserting after subclause (V) the following new
subclauses:
``(VI) property designed to produce energy
conservation technologies (including residential,
commercial, and industrial applications),
``(VII) light-, medium-, or heavy-duty electric or
fuel cell vehicles, as well as--
``(aa) technologies, components, or materials
for such vehicles, and
``(bb) associated charging or refueling
infrastructure,
``(VIII) hybrid vehicles with a gross vehicle
weight rating of not less than 14,000 pounds, as well
as technologies, components, or materials for such
vehicles, or'', and
(J) in subclause (IX), as so redesignated, by striking
``and'' at the end, and
(3) by striking clause (ii) and inserting the following:
``(ii) which re-equips an industrial or manufacturing
facility with equipment designed to reduce greenhouse gas
emissions by at least 20 percent through the installation
of--
``(I) low- or zero-carbon process heat systems,
``(II) carbon capture, transport, utilization and
storage systems,
``(III) energy efficiency and reduction in waste
from industrial processes, or
``(IV) any other industrial technology designed to
reduce greenhouse gas emissions, as determined by the
Secretary, or
``(iii) which re-equips, expands, or establishes an
industrial facility for the processing, refining, or
recycling of critical materials (as defined in section
7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).''.
(c) Conforming Amendment.--Subparagraph (A) of section 48C(c)(2) is
amended to read as follows:
``(A) which is necessary for--
``(i) the production or recycling of property described
in clause (i) of paragraph (1)(A),
``(ii) re-equipping an industrial or manufacturing
facility described in clause (ii) of such paragraph, or
``(iii) re-equipping, expanding, or establishing an
industrial facility described in clause (iii) of such
paragraph,''.
(d) Denial of Double Benefit.--48C(f), as redesignated by this
section, is amended by striking ``or 48B'' and inserting ``48B, 48E,
45Q, or 45V''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.

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2691ce142302650de4e51b6963ff877e9f505e5ebbf1a5fe5e0ddc08724edf3d

(a)  Hazardous Substance Superfund Financing Rate.--
(1) Extension.--Section 4611 is amended by striking subsection
(e).
(2) Adjustment for inflation.--
(A) Section 4611(c)(2)(A) is amended by striking ``9.7
cents'' and inserting ``16.4 cents''.
(B) Section 4611(c) is amended by adding at the end the
following:
``(3) Adjustment for inflation.--
``(A) In general.--In the case of a year beginning after
2023, the amount in paragraph (2)(A) shall be increased by an
amount equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2022' for `calendar year 2016'
in subparagraph (A)(ii) thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $0.01, such amount shall
be rounded to the next lowest multiple of $0.01.''.
(b) Authority for Advances.--Section 9507(d)(3)(B) is amended by
striking ``December 31, 1995'' and inserting ``December 31, 2032''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.
PART 7--INCENTIVES FOR CLEAN ELECTRICITY AND CLEAN TRANSPORTATION

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8ddaeee8f6e1746dba7cb56ff6e72f691ae4ece60cad33c8e2f6d24b72a21300

(a) In General.--Subpart E of part IV of subchapter A of chapter 1,
as amended by section 107(a) of the CHIPS Act of 2022, is amended by
inserting after section 48D the following new section:
``SEC. 48E. CLEAN ELECTRICITY INVESTMENT CREDIT.
``(a) Investment Credit for Qualified Property.--
``(1) In general.--For purposes of section 46, the clean
electricity investment credit for any taxable year is an amount
equal to the applicable percentage of the qualified investment for
such taxable year with respect to--
``(A) any qualified facility, and
``(B) any energy storage technology.
``(2) Applicable percentage.--
``(A) Qualified facilities.--Subject to paragraph (3)--
``(i) Base rate.--In the case of any qualified facility
which is not described in subclause (I) or (II) of clause
(ii) and does not satisfy the requirements described in
subclause (III) of such clause, the applicable percentage
shall be 6 percent.
``(ii) Alternative rate.--In the case of any qualified
facility--
``(I) with a maximum net output of less than 1
megawatt (as measured in alternating current),
``(II) the construction of which begins prior to
the date that is 60 days after the Secretary publishes
guidance with respect to the requirements of paragraphs
(3) and (4) of subsection (d), or
``(III) which--
``(aa) satisfies the requirements of subsection
(d)(3), and
``(bb) with respect to the construction of such
facility, satisfies the requirements of subsection
(d)(4),
the applicable percentage shall be 30 percent.
``(B) Energy storage technology.--Subject to paragraph
(3)--
``(i) Base rate.--In the case of any energy storage
technology which is not described in subclause (I) or (II)
of clause (ii) and does not satisfy the requirements
described in subclause (III) of such clause, the applicable
percentage shall be 6 percent.
``(ii) Alternative rate.--In the case of any energy
storage technology--
``(I) with a capacity of less than 1 megawatt,
``(II) the construction of which begins prior to
the date that is 60 days after the Secretary publishes
guidance with respect to the requirements of paragraphs
(3) and (4) of subsection (d), or
``(III) which--
``(aa) satisfies the requirements of subsection
(d)(3), and
``(bb) with respect to the construction of such
property, satisfies the requirements of subsection
(d)(4),
the applicable percentage shall be 30 percent.
``(3) Increase in credit rate in certain cases.--
``(A) Energy communities.--
``(i) In general.--In the case of any qualified
investment with respect to a qualified facility or with
respect to energy storage technology which is placed in
service within an energy community (as defined in section
45(b)(11)(B)), for purposes of applying paragraph (2) with
respect to such property or investment, the applicable
percentage shall be increased by the applicable credit rate
increase.
``(ii) Applicable credit rate increase.--For purposes
of clause (i), the applicable credit rate increase shall be
an amount equal to--
``(I) in the case of any qualified investment with
respect to a qualified facility described in paragraph
(2)(A)(i) or with respect to energy storage technology
described in paragraph (2)(B)(i), 2 percentage points,
and
``(II) in the case of any qualified investment with
respect to a qualified facility described in paragraph
(2)(A)(ii) or with respect to energy storage technology
described in paragraph (2)(B)(ii), 10 percentage
points.
``(B) Domestic content.--Rules similar to the rules of
section 48(a)(12) shall apply.
``(b) Qualified Investment With Respect to a Qualified Facility.--
``(1) In general.--For purposes of subsection (a), the
qualified investment with respect to any qualified facility for any
taxable year is the sum of--
``(A) the basis of any qualified property placed in service
by the taxpayer during such taxable year which is part of a
qualified facility, plus
``(B) the amount of any expenditures which are--
``(i) paid or incurred by the taxpayer for qualified
interconnection property--
``(I) in connection with a qualified facility which
has a maximum net output of not greater than 5
megawatts (as measured in alternating current), and
``(II) placed in service during the taxable year of
the taxpayer, and
``(ii) properly chargeable to capital account of the
taxpayer.
``(2) Qualified property.--For purposes of this section, the
term `qualified property' means property--
``(A) which is--
``(i) tangible personal property, or
``(ii) other tangible property (not including a
building or its structural components), but only if such
property is used as an integral part of the qualified
facility,
``(B) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable, and
``(C)(i) the construction, reconstruction, or erection of
which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the original
use of such property commences with the taxpayer.
``(3) Qualified facility.--
``(A) In general.--For purposes of this section, the term
`qualified facility' means a facility--
``(i) which is used for the generation of electricity,
``(ii) which is placed in service after December 31,
2024, and
``(iii) for which the anticipated greenhouse gas
emissions rate (as determined under subparagraph (B)(ii))
is not greater than zero.
``(B) Additional rules.--
``(i) Expansion of facility; incremental production.--
Rules similar to the rules of section 45Y(b)(1)(C) shall
apply for purposes of this paragraph.
``(ii) Greenhouse gas emissions rate.--Rules similar to
the rules of section 45Y(b)(2) shall apply for purposes of
this paragraph.
``(C) Exclusion.--The term `qualified facility' shall not
include any facility for which--
``(i) a renewable electricity production credit
determined under section 45,
``(ii) an advanced nuclear power facility production
credit determined under section 45J,
``(iii) a carbon oxide sequestration credit determined
under section 45Q,
``(iv) a zero-emission nuclear power production credit
determined under section 45U,
``(v) a clean electricity production credit determined
under section 45Y,
``(vi) an energy credit determined under section 48, or
``(vii) a qualifying advanced coal project credit under
section 48A,
is allowed under section 38 for the taxable year or any prior
taxable year.
``(4) Qualified interconnection property.--For purposes of this
paragraph, the term `qualified interconnection property' has the
meaning given such term in section 48(a)(8)(B).
``(5) Coordination with rehabilitation credit.--The qualified
investment with respect to any qualified facility for any taxable
year shall not include that portion of the basis of any property
which is attributable to qualified rehabilitation expenditures (as
defined in section 47(c)(2)).
``(6) Definitions.--For purposes of this subsection, the terms
`CO2e per KWh' and `greenhouse gas emissions rate' have the same
meaning given such terms under section 45Y.
``(c) Qualified Investment With Respect to Energy Storage
Technology.--
``(1) Qualified investment.--For purposes of subsection (a),
the qualified investment with respect to energy storage technology
for any taxable year is the basis of any energy storage technology
placed in service by the taxpayer during such taxable year.
``(2) Energy storage technology.--For purposes of this section,
the term `energy storage technology' has the meaning given such
term in section 48(c)(6) (except that subparagraph (D) of such
section shall not apply).
``(d) Special Rules.--
``(1) Certain progress expenditure rules made applicable.--
Rules similar to the rules of subsections (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990) shall apply for purposes of
subsection (a).
``(2) Special rule for property financed by subsidized energy
financing or private activity bonds.--Rules similar to the rules of
section 45(b)(3) shall apply.
``(3) Prevailing wage requirements.--Rules similar to the rules
of section 48(a)(10) shall apply.
``(4) Apprenticeship requirements.--Rules similar to the rules
of section 45(b)(8) shall apply.
``(5) Domestic content requirement for elective payment.--In
the case of a taxpayer making an election under section 6417 with
respect to a credit under this section, rules similar to the rules
of section 45Y(g)(12) shall apply.
``(e) Credit Phase-Out.--
``(1) In general.--The amount of the clean electricity
investment credit under subsection (a) for any qualified investment
with respect to any qualified facility or energy storage technology
the construction of which begins during a calendar year described
in paragraph (2) shall be equal to the product of--
``(A) the amount of the credit determined under subsection
(a) without regard to this subsection, multiplied by
``(B) the phase-out percentage under paragraph (2).
``(2) Phase-out percentage.--The phase-out percentage under
this paragraph is equal to--
``(A) for any qualified investment with respect to any
qualified facility or energy storage technology the
construction of which begins during the first calendar year
following the applicable year, 100 percent,
``(B) for any qualified investment with respect to any
qualified facility or energy storage technology the
construction of which begins during the second calendar year
following the applicable year, 75 percent,
``(C) for any qualified investment with respect to any
qualified facility or energy storage technology the
construction of which begins during the third calendar year
following the applicable year, 50 percent, and
``(D) for any qualified investment with respect to any
qualified facility or energy storage technology the
construction of which begins during any calendar year
subsequent to the calendar year described in subparagraph (C),
0 percent.
``(3) Applicable year.--For purposes of this subsection, the
term `applicable year' has the same meaning given such term in
section 45Y(d)(3).
``(f) Greenhouse Gas.--In this section, the term `greenhouse gas'
has the same meaning given such term under section 45Y(e)(2).
``(g) Recapture of Credit.--For purposes of section 50, if the
Secretary determines that the greenhouse gas emissions rate for a
qualified facility is greater than 10 grams of CO<INF>2</INF>e per KWh,
any property for which a credit was allowed under this section with
respect to such facility shall cease to be investment credit property
in the taxable year in which the determination is made.
``(h) Special Rules for Certain Facilities Placed in Service in
Connection With Low-income Communities.--
``(1) In general.--In the case of any applicable facility with
respect to which the Secretary makes an allocation of environmental
justice capacity limitation under paragraph (4)--
``(A) the applicable percentage otherwise determined under
subsection (a)(2) with respect to any eligible property which
is part of such facility shall be increased by--
``(i) in the case of a facility described in subclause
(I) of paragraph (2)(A)(iii) and not described in subclause
(II) of such paragraph, 10 percentage points, and
``(ii) in the case of a facility described in subclause
(II) of paragraph (2)(A)(iii), 20 percentage points, and
``(B) the increase in the credit determined under
subsection (a) by reason of this subsection for any taxable
year with respect to all property which is part of such
facility shall not exceed the amount which bears the same ratio
to the amount of such increase (determined without regard to
this subparagraph) as--
``(i) the environmental justice capacity limitation
allocated to such facility, bears to
``(ii) the total megawatt nameplate capacity of such
facility, as measured in direct current.
``(2) Applicable facility.--For purposes of this subsection--
``(A) In general.--The term `applicable facility' means any
qualified facility--
``(i) which is not described in section 45Y(b)(2)(B),
``(ii) which has a maximum net output of less than 5
megawatts (as measured in alternating current), and
``(iii) which--
``(I) is located in a low-income community (as
defined in section 45D(e)) or on Indian land (as
defined in section 2601(2) of the Energy Policy Act of
1992 (25 U.S.C. 3501(2))), or
``(II) is part of a qualified low-income
residential building project or a qualified low-income
economic benefit project.
``(B) Qualified low-income residential building project.--A
facility shall be treated as part of a qualified low-income
residential building project if--
``(i) such facility is installed on a residential
rental building which participates in a covered housing
program (as defined in section 41411(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12491(a)(3)), a
housing assistance program administered by the Department
of Agriculture under title V of the Housing Act of 1949, a
housing program administered by a tribally designated
housing entity (as defined in section 4(22) of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103(22))) or such other affordable housing
programs as the Secretary may provide, and
``(ii) the financial benefits of the electricity
produced by such facility are allocated equitably among the
occupants of the dwelling units of such building.
``(C) Qualified low-income economic benefit project.--A
facility shall be treated as part of a qualified low-income
economic benefit project if at least 50 percent of the
financial benefits of the electricity produced by such facility
are provided to households with income of--
``(i) less than 200 percent of the poverty line (as
defined in section 36B(d)(3)(A)) applicable to a family of
the size involved, or
``(ii) less than 80 percent of area median gross income
(as determined under section 142(d)(2)(B)).
``(D) Financial benefit.--For purposes of subparagraphs (B)
and (C), electricity acquired at a below-market rate shall not
fail to be taken into account as a financial benefit.
``(3) Eligible property.--For purposes of this subsection, the
term `eligible property' means a qualified investment with respect
to any applicable facility.
``(4) Allocations.--
``(A) In general.--Not later than January 1, 2025, the
Secretary shall establish a program to allocate amounts of
environmental justice capacity limitation to applicable
facilities. In establishing such program and to carry out the
purposes of this subsection, the Secretary shall provide
procedures to allow for an efficient allocation process,
including, when determined appropriate, consideration of
multiple projects in a single application if such projects will
be placed in service by a single taxpayer.
``(B) Limitation.--The amount of environmental justice
capacity limitation allocated by the Secretary under
subparagraph (A) during any calendar year shall not exceed the
annual capacity limitation with respect to such year.
``(C) Annual capacity limitation.--For purposes of this
paragraph, the term `annual capacity limitation' means 1.8
gigawatts of direct current capacity for each calendar year
during the period beginning on January 1, 2025, and ending on
December 31 of the applicable year (as defined in section
45Y(d)(3)), and zero thereafter.
``(D) Carryover of unused limitation.--
``(i) In general.--If the annual capacity limitation
for any calendar year exceeds the aggregate amount
allocated for such year under this paragraph, such
limitation for the succeeding calendar year shall be
increased by the amount of such excess. No amount may be
carried under the preceding sentence to any calendar year
after the third calendar year following the applicable year
(as defined in section 45Y(d)(3)).
``(ii) Carryover from section 48 for calendar year
2025.--If the annual capacity limitation for calendar year
2024 under section 48(e)(4)(D) exceeds the aggregate amount
allocated for such year under such section, such excess
amount may be carried over and applied to the annual
capacity limitation under this subsection for calendar year
2025. The annual capacity limitation for calendar year 2025
shall be increased by the amount of such excess.
``(E) Placed in service deadline.--
``(i) In general.--Paragraph (1) shall not apply with
respect to any property which is placed in service after
the date that is 4 years after the date of the allocation
with respect to the facility of which such property is a
part.
``(ii) Application of carryover.--Any amount of
environmental justice capacity limitation which expires
under clause (i) during any calendar year shall be taken
into account as an excess described in subparagraph (D)(i)
(or as an increase in such excess) for such calendar year,
subject to the limitation imposed by the last sentence of
such subparagraph.
``(5) Recapture.--The Secretary shall, by regulations or other
guidance, provide for recapturing the benefit of any increase in
the credit allowed under subsection (a) by reason of this
subsection with respect to any property which ceases to be property
eligible for such increase (but which does not cease to be
investment credit property within the meaning of section 50(a)).
The period and percentage of such recapture shall be determined
under rules similar to the rules of section 50(a). To the extent
provided by the Secretary, such recapture may not apply with
respect to any property if, within 12 months after the date the
taxpayer becomes aware (or reasonably should have become aware) of
such property ceasing to be property eligible for such increase,
the eligibility of such property for such increase is restored. The
preceding sentence shall not apply more than once with respect to
any facility.
``(i) Guidance.--Not later than January 1, 2025, the Secretary
shall issue guidance regarding implementation of this section.''.
(b) Conforming Amendments.--
(1) Section 46, as amended by section 107(d) of the CHIPS Act
of 2022, is amended--
(A) in paragraph (5), by striking ``and'' at the end,
(B) in paragraph (6), by striking the period at the end and
inserting ``, and'', and
(C) by adding at the end the following:
``(7) the clean electricity investment credit.''.
(2) Section 49(a)(1)(C), as amended by section 107(d) of the
CHIPS Act of 2022, is amended--
(A) by striking ``and'' at the end of clause (v),
(B) by striking the period at the end of clause (vi) and
inserting a comma, and
(C) by adding at the end the following new clauses:
``(vii) the basis of any qualified property which is
part of a qualified facility under section 48E, and
``(viii) the basis of any energy storage technology
under section 48E.''.
(3) Section 50(a)(2)(E), as amended by section 107(d) of the
CHIPS Act of 2022, is amended by striking ``or 48D(b)(5)'' and
inserting ``48D(b)(5), or 48E(e)''.
(4) Section 50(c)(3) is amended by inserting ``or clean
electricity investment credit'' after ``In the case of any energy
credit''.
(5) The table of sections for subpart E of part IV of
subchapter A of chapter 1, as amended by section 107(d) of the
CHIPS Act of 2022, is amended by inserting after the item relating
to section 48D the following new item:
``48E. Clean electricity investment credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2024.

9bfeff2272768f45689b2e15c6381bc336a3300ee09b898a868a0bce034df22d

AND ENERGY STORAGE TECHNOLOGY.
(a) In General.--Section 168(e)(3)(B) is amended--
(1) in clause (vi)(III), by striking ``and'' at the end,
(2) in clause (vii), by striking the period at the end and
inserting ``, and'', and
(3) by inserting after clause (vii) the following:
``(viii) any qualified facility (as defined in section
45Y(b)(1)(A)), any qualified property (as defined in
subsection (b)(2) of section 48E) which is a qualified
investment (as defined in subsection (b)(1) of such
section), or any energy storage technology (as defined in
subsection (c)(2) of such section).''.
(b) Effective Date.--The amendments made by this section shall
apply to facilities and property placed in service after December 31,
2024.

831f35b5835a49e3bd3038e1cf7629049a3aa86a419dff58fb9dbc3a266d3e59

(a) In General.--Subpart D of part IV of subchapter A of chapter 1,
as amended by the preceding provisions of this Act, is amended by
adding at the end the following new section:
``SEC. 45Z. CLEAN FUEL PRODUCTION CREDIT.
``(a) Amount of Credit.--
``(1) In general.--For purposes of section 38, the clean fuel
production credit for any taxable year is an amount equal to the
product of--
``(A) the applicable amount per gallon (or gallon
equivalent) with respect to any transportation fuel which is--
``(i) produced by the taxpayer at a qualified facility,
and
``(ii) sold by the taxpayer in a manner described in
paragraph (4) during the taxable year, and
``(B) the emissions factor for such fuel (as determined
under subsection (b)).
``(2) Applicable amount.--
``(A) Base amount.--In the case of any transportation fuel
produced at a qualified facility which does not satisfy the
requirements described in subparagraph (B), the applicable
amount shall be 20 cents.
``(B) Alternative amount.--In the case of any
transportation fuel produced at a qualified facility which
satisfies the requirements under paragraphs (6) and (7) of
subsection (f), the applicable amount shall be $1.00.
``(3) Special rate for sustainable aviation fuel.--
``(A) In general.--In the case of a transportation fuel
which is sustainable aviation fuel, paragraph (2) shall be
applied--
``(i) in the case of fuel produced at a qualified
facility described in paragraph (2)(A), by substituting `35
cents' for `20 cents', and
``(ii) in the case of fuel produced at a qualified
facility described in paragraph (2)(B), by substituting
`$1.75' for `$1.00'.
``(B) Sustainable aviation fuel.--For purposes of this
subparagraph (A), the term `sustainable aviation fuel' means
liquid fuel, the portion of which is not kerosene, which is
sold for use in an aircraft and which--
``(i) meets the requirements of--
``(I) ASTM International Standard D7566, or
``(II) the Fischer Tropsch provisions of ASTM
International Standard D1655, Annex A1, and
``(ii) is not derived from palm fatty acid distillates
or petroleum.
``(4) Sale.--For purposes of paragraph (1), the transportation
fuel is sold in a manner described in this paragraph if such fuel
is sold by the taxpayer to an unrelated person--
``(A) for use by such person in the production of a fuel
mixture,
``(B) for use by such person in a trade or business, or
``(C) who sells such fuel at retail to another person and
places such fuel in the fuel tank of such other person.
``(5) Rounding.--If any amount determined under paragraph (1)
is not a multiple of 1 cent, such amount shall be rounded to the
nearest cent.
``(b) Emissions Factors.--
``(1) Emissions factor.--
``(A) Calculation.--
``(i) In general.--The emissions factor of a
transportation fuel shall be an amount equal to the
quotient of--
``(I) an amount equal to--
``(aa) 50 kilograms of CO<INF>2</INF>e per
mmBTU, minus
``(bb) the emissions rate for such fuel,
divided by
``(II) 50 kilograms of CO<INF>2</INF>e per mmBTU.
``(B) Establishment of emissions rate.--
``(i) In general.--Subject to clauses (ii) and (iii),
the Secretary shall annually publish a table which sets
forth the emissions rate for similar types and categories
of transportation fuels based on the amount of lifecycle
greenhouse gas emissions (as described in section
211(o)(1)(H) of the Clean Air Act (42 U.S.C.
7545(o)(1)(H)), as in effect on the date of the enactment
of this section) for such fuels, expressed as kilograms of
CO<INF>2</INF>e per mmBTU, which a taxpayer shall use for
purposes of this section.
``(ii) Non-aviation fuel.--In the case of any
transportation fuel which is not a sustainable aviation
fuel, the lifecycle greenhouse gas emissions of such fuel
shall be based on the most recent determinations under the
Greenhouse gases, Regulated Emissions, and Energy use in
Transportation model developed by Argonne National
Laboratory, or a successor model (as determined by the
Secretary).
``(iii) Aviation fuel.--In the case of any
transportation fuel which is a sustainable aviation fuel,
the lifecycle greenhouse gas emissions of such fuel shall
be determined in accordance with--
``(I) the most recent Carbon Offsetting and
Reduction Scheme for International Aviation which has
been adopted by the International Civil Aviation
Organization with the agreement of the United States,
or
``(II) any similar methodology which satisfies the
criteria under section 211(o)(1)(H) of the Clean Air
Act (42 U.S.C. 7545(o)(1)(H)), as in effect on the date
of enactment of this section.
``(C) Rounding of emissions rate.--
``(i) In general.--Subject to clause (ii), the
Secretary may round the emissions rates under subparagraph
(B) to the nearest multiple of 5 kilograms of
CO<INF>2</INF>e per mmBTU.
``(ii) Exception.--In the case of an emissions rate
that is between 2.5 kilograms of CO<INF>2</INF>e per mmBTU
and -2.5 kilograms of CO<INF>2</INF>e per mmBTU, the
Secretary may round such rate to zero.
``(D) Provisional emissions rate.--In the case of any
transportation fuel for which an emissions rate has not been
established under subparagraph (B), a taxpayer producing such
fuel may file a petition with the Secretary for determination
of the emissions rate with respect to such fuel.
``(2) Rounding.--If any amount determined under paragraph
(1)(A) is not a multiple of 0.1, such amount shall be rounded to
the nearest multiple of 0.1.
``(c) Inflation Adjustment.--
``(1) In general.--In the case of calendar years beginning
after 2024, the 20 cent amount in subsection (a)(2)(A), the $1.00
amount in subsection (a)(2)(B), the 35 cent amount in subsection
(a)(3)(A)(i), and the $1.75 amount in subsection (a)(3)(A)(ii)
shall each be adjusted by multiplying such amount by the inflation
adjustment factor for the calendar year in which the sale of the
transportation fuel occurs. If any amount as increased under the
preceding sentence is not a multiple of 1 cent, such amount shall
be rounded to the nearest multiple of 1 cent.
``(2) Inflation adjustment factor.--For purposes of paragraph
(1), the inflation adjustment factor shall be the inflation
adjustment factor determined and published by the Secretary
pursuant to section 45Y(c), determined by substituting `calendar
year 2022' for `calendar year 1992' in paragraph (3) thereof.
``(d) Definitions.--In this section:
``(1) mmBTU.--The term `mmBTU' means 1,000,000 British thermal
units.
``(2) CO<INF>2</INF>e.--The term `CO<INF>2</INF>e' means, with
respect to any greenhouse gas, the equivalent carbon dioxide (as
determined based on relative global warming potential).
``(3) Greenhouse gas.--The term `greenhouse gas' has the same
meaning given that term under section 211(o)(1)(G) of the Clean Air
Act (42 U.S.C. 7545(o)(1)(G)), as in effect on the date of the
enactment of this section.
``(4) Qualified facility.--The term `qualified facility'--
``(A) means a facility used for the production of
transportation fuels, and
``(B) does not include any facility for which one of the
following credits is allowed under section 38 for the taxable
year:
``(i) The credit for production of clean hydrogen under
section 45V.
``(ii) The credit determined under section 46 to the
extent that such credit is attributable to the energy
credit determined under section 48 with respect to any
specified clean hydrogen production facility for which an
election is made under subsection (a)(15) of such section.
``(iii) The credit for carbon oxide sequestration under
section 45Q.
``(5) Transportation fuel.--
``(A) In general.--The term `transportation fuel' means a
fuel which--
``(i) is suitable for use as a fuel in a highway
vehicle or aircraft,
``(ii) has an emissions rate which is not greater than
50 kilograms of CO<INF>2</INF>e per mmBTU, and
``(iii) is not derived from coprocessing an applicable
material (or materials derived from an applicable material)
with a feedstock which is not biomass.
``(B) Definitions.--In this paragraph--
``(i) Applicable material.--The term `applicable
material' means--
``(I) monoglycerides, diglycerides, and
triglycerides,
``(II) free fatty acids, and
``(III) fatty acid esters.
``(ii) Biomass.--The term `biomass' has the same
meaning given such term in section 45K(c)(3).
``(e) Guidance.--Not later than January 1, 2025, the Secretary
shall issue guidance regarding implementation of this section,
including calculation of emissions factors for transportation fuel, the
table described in subsection (b)(1)(B)(i), and the determination of
clean fuel production credits under this section.
``(f) Special Rules.--
``(1) Only registered production in the united states taken
into account.--
``(A) In general.--No clean fuel production credit shall be
determined under subsection (a) with respect to any
transportation fuel unless--
``(i) the taxpayer--
``(I) is registered as a producer of clean fuel
under section 4101 at the time of production, and
``(II) in the case of any transportation fuel which
is a sustainable aviation fuel, provides--
``(aa) certification (in such form and manner
as the Secretary shall prescribe) from an unrelated
party demonstrating compliance with--
``(AA) any general requirements, supply
chain traceability requirements, and
information transmission requirements
established under the Carbon Offsetting and
Reduction Scheme for International Aviation
described in subclause (I) of subsection
(b)(1)(B)(iii), or
``(BB) in the case of any methodology
described in subclause (II) of such subsection,
requirements similar to the requirements
described in subitem (AA), and
``(bb) such other information with respect to
such fuel as the Secretary may require for purposes
of carrying out this section, and
``(ii) such fuel is produced in the United States.
``(B) United states.--For purposes of this paragraph, the
term `United States' includes any possession of the United
States.
``(2) Production attributable to the taxpayer.--In the case of
a facility in which more than 1 person has an ownership interest,
except to the extent provided in regulations prescribed by the
Secretary, production from the facility shall be allocated among
such persons in proportion to their respective ownership interests
in the gross sales from such facility.
``(3) Related persons.--Persons shall be treated as related to
each other if such persons would be treated as a single employer
under the regulations prescribed under section 52(b). In the case
of a corporation which is a member of an affiliated group of
corporations filing a consolidated return, such corporation shall
be treated as selling fuel to an unrelated person if such fuel is
sold to such a person by another member of such group.
``(4) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the rules
of subsection (d) of section 52 shall apply.
``(5) Allocation of credit to patrons of agricultural
cooperative.--Rules similar to the rules of section 45Y(g)(6) shall
apply.
``(6) Prevailing wage requirements.--
``(A) In general.--Subject to subparagraph (B), rules
similar to the rules of section 45(b)(7) shall apply.
``(B) Special rule for facilities placed in service before
january 1, 2025.--For purposes of subparagraph (A), in the case
of any qualified facility placed in service before January 1,
2025--
``(i) clause (i) of section 45(b)(7)(A) shall not
apply, and
``(ii) clause (ii) of such section shall be applied by
substituting `with respect to any taxable year beginning
after December 31, 2024, for which the credit is allowed
under this section' for `with respect to any taxable year,
for any portion of such taxable year which is within the
period described in subsection (a)(2)(A)(ii)'.
``(7) Apprenticeship requirements.--Rules similar to the rules
of section 45(b)(8) shall apply.
``(g) Termination.--This section shall not apply to transportation
fuel sold after December 31, 2027.''.
(b) Conforming Amendments.--
(1) Section 25C(d)(3), as amended by the preceding provisions
of this Act, is amended--
(A) in subparagraph (A), by striking ``and'' at the end,
(B) in subparagraph (B), by striking the period at the end
and inserting ``, and'', and
(C) by adding at the end the following new subparagraph:
``(C) transportation fuel (as defined in section
45Z(d)(5)).''.
(2) Section 30C(c)(1)(B), as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new clause:
``(iv) Any transportation fuel (as defined in section
45Z(d)(5)).''.
(3) Section 38(b), as amended by the preceding provisions of
this Act, is amended--
(A) in paragraph (38), by striking ``plus'' at the end,
(B) in paragraph (39), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(40) the clean fuel production credit determined under
section 45Z(a).''.
(4) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by the preceding provisions
of this Act, is amended by adding at the end the following new
item:
``Sec. 45Z. Clean fuel production credit.''.
(5) Section 4101(a)(1), as amended by the preceding provisions
of this Act, is amended by inserting ``every person producing a
fuel eligible for the clean fuel production credit (pursuant to
section 45Z),'' after ``section 6426(k)(3)),''.
(c) Effective Date.--The amendments made by this section shall
apply to transportation fuel produced after December 31, 2024.
PART 8--CREDIT MONETIZATION AND APPROPRIATIONS

a70ca66162b70b67bae3bcdc7de52842270dea358d1832e75c01da44c3e63591

80ecb6cb7e2e9bf667fc76255204081fd704726cba8216d4a123807f91a8f0c2

Immediately upon the enactment of this Act, in addition to amounts
otherwise available, there are appropriated for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated, $500,000,000
to remain available until September 30, 2031, for necessary expenses
for the Internal Revenue Service to carry out this subtitle (and the
amendments made by this subtitle), which shall supplement and not
supplant any other appropriations that may be available for this
purpose.
PART 9--OTHER PROVISIONS

1997ad0e2572951505151acb76d548eacc10af008511a5a9b7147ddc55f4f31b

DISABILITY TRUST FUND.
(a) In General.--Section 4121 is amended by striking subsection
(e).
(b) Effective Date.--The amendment made by this section shall apply
to sales in calendar quarters beginning after the date which is 1 day
after the date of enactment of this Act.

f2488c787939940a99ca2a90ae4c4105fca9729c6cf5d62b4b21bbad1ee9aef4

BUSINESSES.
(a) In General.--Clause (i) of section 41(h)(4)(B) is amended--
(1) by striking ``Amount.--The amount'' and inserting
``Amount.--
``(I) In general.--The amount'', and
(2) by adding at the end the following new subclause:
``(II) Increase.--In the case of taxable years
beginning after December 31, 2022, the amount in
subclause (I) shall be increased by $250,000.''.
(b) Allowance of Credit.--
(1) In general.--Paragraph (1) of section 3111(f) is amended--
(A) by striking ``for a taxable year, there shall be
allowed'' and inserting ``for a taxable year--
``(A) there shall be allowed'',
(B) by striking ``equal to the'' and inserting ``equal to
so much of the'',
(C) by striking the period at the end and inserting ``as
does not exceed the limitation of subclause (I) of section
41(h)(4)(B)(i) (applied without regard to subclause (II)
thereof), and'', and
(D) by adding at the end the following new subparagraph:
``(B) there shall be allowed as a credit against the tax
imposed by subsection (b) for the first calendar quarter which
begins after the date on which the taxpayer files the return
specified in section 41(h)(4)(A)(ii) an amount equal to so much
of the payroll tax credit portion determined under section
41(h)(2) as is not allowed as a credit under subparagraph
(A).''.
(2) Limitation.--Paragraph (2) of section 3111(f) is amended--
(A) by striking ``paragraph (1)'' and inserting ``paragraph
(1)(A)'', and
(B) by inserting ``, and the credit allowed by paragraph
(1)(B) shall not exceed the tax imposed by subsection (b) for
any calendar quarter,'' after ``calendar quarter''.
(3) Carryover.--Paragraph (3) of section 3111(f) is amended by
striking ``the credit'' and inserting ``any credit''.
(4) Deduction allowed.--Paragraph (4) of section 3111(f) is
amended--
(A) by striking ``credit'' and inserting ``credits'', and
(B) by striking ``subsection (a)'' and inserting
``subsection (a) or (b)''.
(c) Aggregation Rules.--Clause (ii) of section 41(h)(5)(B) is
amended by striking ``the $250,000 amount'' and inserting ``each of the
$250,000 amounts''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.

927fe805401909c8731895ce75bb2d00ec12703457d9b3bf2438a7dfd3a9c829

AND LOCAL, ETC., TAXES; EXTENSION OF LIMITATION ON EXCESS BUSINESS
LOSSES OF NONCORPORATE TAXPAYERS.
(a) Reinstatement of Limitation Rules for Deduction for State and
Local, etc., Taxes.--
(1) In general.--Section 164(b)(6), as amended by section
13904, is further amended--
(A) in the heading, by striking ``2026'' and inserting
``2025'', and
(B) by striking ``2027'' and inserting ``2026''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2022.
(b) Extension of Limitation on Excess Business Losses of
Noncorporate Taxpayers.--
(1) In general.--Section 461(l)(1) is amended by striking
``January 1, 2027'' each place it appears and inserting ``January
1, 2029''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2026.

a474b94ccf9852d4a7ce7247feabdb1ed6bfe84bea68d8977218f485a021d6d9

LIMITATION ON DEDUCTION FOR STATE AND LOCAL, ETC., TAXES.
(a) Removal of Harmful Small Business Taxes.--Subparagraph (D) of
section 59(k)(1), as added by section 10101, is amended to read as
follows:
``(D) Special rules for determining applicable corporation
status.--Solely for purposes of determining whether a
corporation is an applicable corporation under this paragraph,
all adjusted financial statement income of persons treated as a
single employer with such corporation under subsection (a) or
(b) of section 52 shall be treated as adjusted financial
statement income of such corporation, and adjusted financial
statement income of such corporation shall be determined
without regard to paragraphs (2)(D)(i) and (11) of section
56A(c).''.
(b) Extension of Limitation on Deduction for State and Local, etc.,
Taxes.--
(1) In general.--Section 164(b)(6) is amended--
(A) in the heading, by striking ``2025'' and inserting
``2026'', and
(B) by striking ``2026'' and inserting ``2027''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2022.
Subtitle A--General Provisions

3360157221f89cbbf05808449fef07b3b78ca51a8768fbf59701f2981e8ff2bd

In this title, the term ``Secretary'' means the Secretary of
Agriculture.
Subtitle B--Conservation

60bad58c4330c597042c2aee266ec91b569a9d49728a2538b2c25f05f7c1ffb5

TITLE II

-COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY

(a) Appropriations.--In addition to amounts otherwise available
(and subject to subsection (b)), there are appropriated to the
Secretary, out of any money in the Treasury not otherwise appropriated,
to remain available until September 30, 2031 (subject to the condition
that no such funds may be disbursed after September 30, 2031)--
(1) to carry out, using the facilities and authorities of the
Commodity Credit Corporation, the environmental quality incentives
program under subchapter A of chapter 4 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3839aa through 3839aa-
8)--
(A)(i) $250,000,000 for fiscal year 2023;
(ii) $1,750,000,000 for fiscal year 2024;
(iii) $3,000,000,000 for fiscal year 2025; and
(iv) $3,450,000,000 for fiscal year 2026; and
(B) subject to the conditions on the use of the funds
that--
(i) section 1240B(f)(1) of the Food Security Act of
1985 (16 U.S.C. 3839aa-2(f)(1)) shall not apply;
(ii) section 1240H(c)(2) of the Food Security Act of
1985 (16 U.S.C. 3839aa-8(c)(2)) shall be applied--
(I) by substituting ``$50,000,000'' for
``$25,000,000''; and
(II) with the Secretary prioritizing proposals that
utilize diet and feed management to reduce enteric
methane emissions from ruminants; and
(iii) the funds shall be available for 1 or more
agricultural conservation practices or enhancements that
the Secretary determines directly improve soil carbon,
reduce nitrogen losses, or reduce, capture, avoid, or
sequester carbon dioxide, methane, or nitrous oxide
emissions, associated with agricultural production;
(2) to carry out, using the facilities and authorities of the
Commodity Credit Corporation, the conservation stewardship program
under subchapter B of that chapter (16 U.S.C. 3839aa-21 through
3839aa-25)--
(A)(i) $250,000,000 for fiscal year 2023;
(ii) $500,000,000 for fiscal year 2024;
(iii) $1,000,000,000 for fiscal year 2025; and
(iv) $1,500,000,000 for fiscal year 2026; and
(B) subject to the condition on the use of the funds that
the funds shall only be available for 1 or more agricultural
conservation practices, enhancements, or bundles that the
Secretary determines directly improve soil carbon, reduce
nitrogen losses, or reduce, capture, avoid, or sequester carbon
dioxide, methane, or nitrous oxide emissions, associated with
agricultural production;
(3) to carry out, using the facilities and authorities of the
Commodity Credit Corporation, the agricultural conservation
easement program under subtitle H of title XII of that Act (16
U.S.C. 3865 through 3865d) for easements or interests in land that
will most reduce, capture, avoid, or sequester carbon dioxide,
methane, or nitrous oxide emissions associated with land eligible
for the program--
(A) $100,000,000 for fiscal year 2023;
(B) $200,000,000 for fiscal year 2024;
(C) $500,000,000 for fiscal year 2025; and
(D) $600,000,000 for fiscal year 2026; and
(4) to carry out, using the facilities and authorities of the
Commodity Credit Corporation, the regional conservation partnership
program under subtitle I of title XII of that Act (16 U.S.C. 3871
through 3871f)--
(A)(i) $250,000,000 for fiscal year 2023;
(ii) $800,000,000 for fiscal year 2024;
(iii) $1,500,000,000 for fiscal year 2025; and
(iv) $2,400,000,000 for fiscal year 2026; and
(B) subject to the conditions on the use of the funds
that--
(i) section 1271C(d)(2)(B) of the Food Security Act of
1985 (16 U.S.C. 3871c(d)(2)(B)) shall not apply; and
(ii) the Secretary shall prioritize partnership
agreements under section 1271C(d) of the Food Security Act
of 1985 (16 U.S.C. 3871c(d)) that support the
implementation of conservation projects that assist
agricultural producers and nonindustrial private forestland
owners in directly improving soil carbon, reducing nitrogen
losses, or reducing, capturing, avoiding, or sequestering
carbon dioxide, methane, or nitrous oxide emissions,
associated with agricultural production.
(b) Conditions.--The funds made available under subsection (a) are
subject to the conditions that the Secretary shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; or
(2) use any other funds available to the Secretary to satisfy
obligations initially made under this section.
(c) Conforming Amendments.--
(1) Section 1240B of the Food Security Act of 1985 (16 U.S.C.
3839aa-2) is amended--
(A) in subsection (a), by striking ``2023'' and inserting
``2031''; and
(B) in subsection (f)(2)(B)--
(i) in the subparagraph heading, by striking ``2023''
and inserting ``2031''; and
(ii) by striking ``2023'' and inserting ``2031''.
(2) Section 1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa-8) is amended by striking ``2023'' each place it appears and
inserting ``2031''.
(3) Section 1240J(a) of the Food Security Act of 1985 (16
U.S.C. 3839aa-22(a)) is amended, in the matter preceding paragraph
(1), by striking ``2023'' and inserting ``2031''.
(4) Section 1240L(h)(2)(A) of the Food Security Act of 1985 (16
U.S.C. 3839aa-24(h)(2)(A)) is amended by striking ``2023'' and
inserting ``2031''.
(5) Section 1241 of the Food Security Act of 1985 (16 U.S.C.
3841) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``2023'' and inserting ``2031'';
(ii) in paragraph (2)(F), by striking ``2023'' and
inserting ``2031''; and
(iii) in paragraph (3), by striking ``fiscal year
2023'' each place it appears and inserting ``each of fiscal
years 2023 through 2031'';
(B) in subsection (b), by striking ``2023'' and inserting
``2031''; and
(C) in subsection (h)--
(i) in paragraph (1)(B), in the subparagraph heading,
by striking ``2023'' and inserting ``2031''; and
(ii) by striking ``2023'' each place it appears and
inserting ``2031''.
(6) Section 1244(n)(3)(A) of the Food Security Act of 1985 (16
U.S.C. 3844(n)(3)(A)) is amended by striking ``2023'' and inserting
``2031''.
(7) Section 1271D(a) of the Food Security Act of 1985 (16
U.S.C. 3871d(a)) is amended by striking ``2023'' and inserting
``2031''.

c7166e9647829872157d4a1848e715d7c9e161721b9393f1d26d09ad47746ecf

(a) Appropriations.--In addition to amounts otherwise available
(and subject to subsection (b)), there are appropriated to the
Secretary for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, to remain available until September 30, 2031
(subject to the condition that no such funds may be disbursed after
September 30, 2031)--
(1) $1,000,000,000 to provide conservation technical assistance
through the Natural Resources Conservation Service; and
(2) $300,000,000 to carry out a program to quantify carbon
sequestration and carbon dioxide, methane, and nitrous oxide
emissions, through which the Natural Resources Conservation Service
shall collect field-based data to assess the carbon sequestration
and reduction in carbon dioxide, methane, and nitrous oxide
emissions outcomes associated with activities carried out pursuant
to this section and use the data to monitor and track those carbon
sequestration and emissions trends through the Greenhouse Gas
Inventory and Assessment Program of the Department of Agriculture.
(b) Conditions.--The funds made available under this section are
subject to the conditions that the Secretary shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031;
(2) use any other funds available to the Secretary to satisfy
obligations initially made under this section; or
(3) interpret this section to authorize funds of the Commodity
Credit Corporation for activities under this section if such funds
are not expressly authorized or currently expended for such
purposes.
(c) Administrative Costs.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2028, for
administrative costs of the agencies and offices of the Department of
Agriculture for costs related to implementing this section.
Subtitle C--Rural Development and Agricultural Credit

a1dccb223de226431a69d961f977eb48a3ebbf80ffc0c5b77c7d0a6088cf66ef

Section 9003 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8103) is amended by adding at the end the following:
``(h) Additional Funding for Electric Loans for Renewable Energy.--
``(1) Appropriations.--Notwithstanding subsections (a) through
(e), and (g), in addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $1,000,000,000,
to remain available until September 30, 2031, for the cost of loans
under section 317 of the Rural Electrification Act of 1936 (7
U.S.C. 940g), including for projects that store electricity that
support the types of eligible projects under that section, which
shall be forgiven in an amount that is not greater than 50 percent
of the loan based on how the borrower and the project meets the
terms and conditions for loan forgiveness consistent with the
purposes of that section established by the Secretary, except as
provided in paragraph (3).
``(2) Limitation.--The Secretary shall not enter into any loan
agreement pursuant this subsection that could result in
disbursements after September 30, 2031.
``(3) Exception.--The Secretary shall establish criteria for
waiving the 50 percent limitation described in paragraph (1).''.

e10694a18e75230645f0499a8bb6b1872511eee222ff43ce80270e4f0c434b58

(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary, out of any money in the
Treasury not otherwise appropriated, for eligible projects under
section 9007 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107), and notwithstanding section 9007(c)(3)(A) of that Act,
the amount of a grant shall not exceed 50 percent of the cost of the
activity carried out using the grant funds--
(1) $820,250,000 for fiscal year 2022, to remain available
until September 30, 2031; and
(2) $180,276,500 for each of fiscal years 2023 through 2027, to
remain available until September 30, 2031.
(b) Underutilized Renewable Energy Technologies.--In addition to
amounts otherwise available, there is appropriated to the Secretary,
out of any money in the Treasury not otherwise appropriated, to provide
grants and loans guaranteed by the Secretary (including the costs of
such loans) under the program described in subsection (a) relating to
underutilized renewable energy technologies, and to provide technical
assistance for applying to the program described in subsection (a),
including for underutilized renewable energy technologies,
notwithstanding section 9007(c)(3)(A) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107(c)(3)(A)), the amount of a grant
shall not exceed 50 percent of the cost of the activity carried out
using the grant funds, and to the extent the following amounts remain
available at the end of each fiscal year, the Secretary shall use such
amounts in accordance with subsection (a)--
(1) $144,750,000 for fiscal year 2022, to remain available
until September 30, 2031; and
(2) $31,813,500 for each of fiscal years 2023 through 2027, to
remain available until September 30, 2031.
(c) Limitation.--The Secretary shall not enter into, pursuant to
this section--
(1) any loan agreement that may result in a disbursement after
September 30, 2031; or
(2) any grant agreement that may result in any outlay after
September 30, 2031.

ba88f08604635b317b9486ede5f66e7996c3c315008601099e08043dc03efd42

EXPANSION.
Section 9003 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8103) (as amended by section 22001) is amended by adding at
the end the following:
``(i) Biofuel Infrastructure and Agriculture Product Market
Expansion.--
``(1) Appropriation.--Notwithstanding subsections (a) through
(e) and subsection (g), in addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, $500,000,000,
to remain available until September 30, 2031, to carry out this
subsection.
``(2) Use of funds.--The Secretary shall use the amounts made
available by paragraph (1) to provide grants, for which the Federal
share shall be not more than 75 percent of the total cost of
carrying out a project for which the grant is provided, on a
competitive basis, to increase the sale and use of agricultural
commodity-based fuels through infrastructure improvements for
blending, storing, supplying, or distributing biofuels, except for
transportation infrastructure not on location where such biofuels
are blended, stored, supplied, or distributed--
``(A) by installing, retrofitting, or otherwise upgrading
fuel dispensers or pumps and related equipment, storage tank
system components, and other infrastructure required at a
location related to dispensing certain biofuel blends to ensure
the increased sales of fuels with high levels of commodity-
based ethanol and biodiesel that are at or greater than the
levels required in the Notice of Funding Availability for the
Higher Blends Infrastructure Incentive Program for Fiscal Year
2020, published in the Federal Register (85 Fed. Reg. 26656),
as determined by the Secretary; and
``(B) by building and retrofitting home heating oil
distribution centers or equivalent entities and distribution
systems for ethanol and biodiesel blends.''.

39cfefcae68bc71948c5a4a0ce77047bcf4d99d27ee0244aee6284ea509b011a

Section 9003 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8103) (as amended by section 22003) is amended by adding at
the end the following:
``(j) USDA Assistance for Rural Electric Cooperatives.--
``(1) Appropriation.--Notwithstanding subsections (a) through
(e) and (g), in addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $9,700,000,000,
to remain available until September 30, 2031, for the long-term
resiliency, reliability, and affordability of rural electric
systems by providing to an eligible entity (defined as an electric
cooperative described in section 501(c)(12) or 1381(a)(2) of the
Internal Revenue Code of 1986 and is or has been a Rural Utilities
Service electric loan borrower pursuant to the Rural
Electrification Act of 1936 or serving a predominantly rural area
or a wholly or jointly owned subsidiary of such electric
cooperative) loans, modifications of loans, the cost of loans and
modifications, and other financial assistance to achieve the
greatest reduction in carbon dioxide, methane, and nitrous oxide
emissions associated with rural electric systems through the
purchase of renewable energy, renewable energy systems, zero-
emission systems, and carbon capture and storage systems, to deploy
such systems, or to make energy efficiency improvements to electric
generation and transmission systems of the eligible entity after
the date of enactment of this subsection.
``(2) Limitation.--No eligible entity may receive an amount
equal to more than 10 percent of the total amount made available by
this subsection.
``(3) Requirement.--The amount of a grant under this subsection
shall be not more than 25 percent of the total project costs of the
eligible entity carrying out a project using a grant under this
subsection.
``(4) Prohibition.--Nothing in this subsection shall be
interpreted to authorize funds of the Commodity Credit Corporation
for activities under this subsection if such funds are not
expressly authorized or currently expended for such purposes.
``(5) Disbursements.--The Secretary shall not enter into,
pursuant to this subsection--
``(A) any loan agreement that may result in a disbursement
after September 30, 2031; or
``(B) any grant agreement that may result in any outlay
after September 30, 2031.''.

d660bd24ac33b5039ce42dfc3c11c74647bcef058be99ce32161f147e2236a63

In addition to amounts otherwise available, there is appropriated
to the Secretary for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $100,000,000, to remain available until
September 30, 2031, for administrative costs and salaries and expenses
for the Rural Development mission area and administrative costs of the
agencies and offices of the Department for costs related to
implementing this subtitle.

0132609dfd3c8378165ea8f340a895129162460c3fbe2755df9fdeb5afcf9686

AGRICULTURAL OPERATIONS.
In addition to amounts otherwise available, there is appropriated
to the Secretary for fiscal year 2022, out of amounts in the Treasury
not otherwise appropriated, $3,100,000,000, to remain available until
September 30, 2031, to provide payments to, for the cost of loans or
loan modifications for, or to carry out section 331(b)(4) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1981(b)(4)) with
respect to distressed borrowers of direct or guaranteed loans
administered by the Farm Service Agency under subtitle A, B, or C of
that Act (7 U.S.C. 1922 through 1970). In carrying out this section,
the Secretary shall provide relief to those borrowers whose
agricultural operations are at financial risk as expeditiously as
possible, as determined by the Secretary.

eb8394b9b19555bd5ef5aa5fb85510503f11cdb150977ff0ec3da3f0983fc6f8

RANCHERS, AND FORESTERS.
Section 1006 of the American Rescue Plan Act of 2021 (7 U.S.C. 2279
note; Public Law 117-2) is amended to read as follows:
``SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR UNDERSERVED FARMERS,
RANCHERS, FORESTERS.
``(a) Technical and Other Assistance.--In addition to amounts
otherwise available, there is appropriated to the Secretary of
Agriculture for fiscal year 2022, to remain available until September
30, 2031, out of any money in the Treasury not otherwise appropriated,
$125,000,000 to provide outreach, mediation, financial training,
capacity building training, cooperative development and agricultural
credit training and support, and other technical assistance on issues
concerning food, agriculture, agricultural credit, agricultural
extension, rural development, or nutrition to underserved farmers,
ranchers, or forest landowners, including veterans, limited resource
producers, beginning farmers and ranchers, and farmers, ranchers, and
forest landowners living in high poverty areas.
``(b) Land Loss Assistance.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Agriculture for
fiscal year 2022, to remain available until September 30, 2031, out of
any money in the Treasury not otherwise appropriated, $250,000,000 to
provide grants and loans to eligible entities, as determined by the
Secretary, to improve land access (including heirs' property and
fractionated land issues) for underserved farmers, ranchers, and forest
landowners, including veterans, limited resource producers, beginning
farmers and ranchers, and farmers, ranchers, and forest landowners
living in high poverty areas.
``(c) Equity Commissions.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Agriculture for
fiscal year 2022, to remain available until September 30, 2031, out of
any money in the Treasury not otherwise appropriated, $10,000,000 to
fund the activities of one or more equity commissions that will address
racial equity issues within the Department of Agriculture and the
programs of the Department of Agriculture.
``(d) Research, Education, and Extension.--In addition to amounts
otherwise available, there is appropriated to the Secretary of
Agriculture for fiscal year 2022, to remain available until September
30, 2031, out of any money in the Treasury not otherwise appropriated,
$250,000,000 to support and supplement agricultural research,
education, and extension, as well as scholarships and programs that
provide internships and pathways to agricultural sector or Federal
employment, for 1890 Institutions (as defined in section 2 of the
Agricultural, Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7601)), 1994 Institutions (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382)), Alaska Native serving institutions and Native
Hawaiian serving institutions eligible to receive grants under
subsections (a) and (b), respectively, of section 1419B of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3156), Hispanic-serving institutions eligible to receive grants
under section 1455 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3241), and the insular area
institutions of higher education located in the territories of the
United States, as referred to in section 1489 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3361).
``(e) Discrimination Financial Assistance.--In addition to amounts
otherwise available, there is appropriated to the Secretary of
Agriculture for fiscal year 2022, to remain available until September
30, 2031, out of any money in the Treasury not otherwise appropriated,
$2,200,000,000 for a program to provide financial assistance, including
the cost of any financial assistance, to farmers, ranchers, or forest
landowners determined to have experienced discrimination prior to
January 1, 2021, in Department of Agriculture farm lending programs,
under which the amount of financial assistance provided to a recipient
may be not more than $500,000, as determined to be appropriate based on
any consequences experienced from the discrimination, which program
shall be administered through 1 or more qualified nongovernmental
entities selected by the Secretary subject to standards set and
enforced by the Secretary.
``(f) Administrative Costs.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Agriculture for
fiscal year 2022, to remain available until September 30, 2031, out of
any money in the Treasury not otherwise appropriated, $24,000,000 for
administrative costs, including training employees, of the agencies and
offices of the Department of Agriculture to carry out this section.
``(g) Limitation.--The funds made available under this section are
subject to the condition that the Secretary shall not--
``(1) enter into any agreement under which any payment could be
outlaid or funds disbursed after September 30, 2031; or
``(2) use any other funds available to the Secretary to satisfy
obligations initially made under this section.''.

8e6984a6be4b58260c03daec16716e379448f655ca402b87ffbb28f61b27ec11

Section 1005 of the American Rescue Plan Act of 2021 (7 U.S.C. 1921
note; Public Law 117-2) is repealed.
Subtitle D--Forestry

59d67cc3c9d3f18ce97e4935e810ff0371e54873792713bd15c810e3cda3f598

PROJECTS.
(a) Appropriations.--In addition to amounts otherwise available,
there are appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2031--
(1) $1,800,000,000 for hazardous fuels reduction projects on
National Forest System land within the wildland-urban interface;
(2) $200,000,000 for vegetation management projects on National
Forest System land carried out in accordance with a plan developed
under section 303(d)(1) or 304(a)(3) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6542(d)(1) or 6543(a)(3));
(3) $100,000,000 to provide for environmental reviews by the
Chief of the Forest Service in satisfying the obligations of the
Chief of the Forest Service under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 through 4370m-12); and
(4) $50,000,000 for the protection of old-growth forests on
National Forest System land and to complete an inventory of old-
growth forests and mature forests within the National Forest
System.
(b) Restrictions.--None of the funds made available by paragraph
(1) or (2) of subsection (a) may be used for any activity--
(1) conducted in a wilderness area or wilderness study area;
(2) that includes the construction of a permanent road or
motorized trail;
(3) that includes the construction of a temporary road, except
in the case of a temporary road that is decommissioned by the
Secretary not later than 3 years after the earlier of--
(A) the date on which the temporary road is no longer
needed; and
(B) the date on which the project for which the temporary
road was constructed is completed;
(4) inconsistent with the applicable land management plan;
(5) inconsistent with the prohibitions of the rule of the
Forest Service entitled ``Special Areas; Roadless Area
Conservation'' (66 Fed. Reg. 3244 (January 12, 2001)), as modified
by subparts C and D of part 294 of title 36, Code of Federal
Regulations; or
(6) carried out on any land that is not National Forest System
land, including other forested land on Federal, State, Tribal, or
private land.
(c) Limitations.--Nothing in this section shall be interpreted to
authorize funds of the Commodity Credit Corporation for activities
under this section if such funds are not expressly authorized or
currently expended for such purposes.
(d) Cost-sharing Waiver.--
(1) In general.--The non-Federal cost-share requirement of a
project described in paragraph (2) may be waived at the discretion
of the Secretary.
(2) Project described.--A project referred to in paragraph (1)
is a project that--
(A) is carried out using funds made available under this
section;
(B) requires a partnership agreement, including a
cooperative agreement or mutual interest agreement; and
(C) is subject to a non-Federal cost-share requirement.
(e) Definitions.--In this section:
(1) Decommission.--The term ``decommission'' means, with
respect to a road--
(A) reestablishing native vegetation on the road;
(B) restoring any natural drainage, watershed function, or
other ecological processes that were disrupted or adversely
impacted by the road by removing or hydrologically
disconnecting the road prism and reestablishing stable slope
contours; and
(C) effectively blocking the road to vehicular traffic,
where feasible.
(2) Ecological integrity.--The term ``ecological integrity''
has the meaning given the term in section 219.19 of title 36, Code
of Federal Regulations (as in effect on the date of enactment of
this Act).
(3) Hazardous fuels reduction project.--The term ``hazardous
fuels reduction project'' means an activity, including the use of
prescribed fire, to protect structures and communities from
wildfire that is carried out on National Forest System land.
(4) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(5) Vegetation management project.--The term ``vegetation
management project'' means an activity carried out on National
Forest System land to enhance the ecological integrity and achieve
the restoration of a forest ecosystem through the removal of
vegetation, the use of prescribed fire, the restoration of aquatic
habitat, or the decommissioning of an unauthorized, temporary, or
system road.
(6) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

fc493ea2efebbbc18e466f62924836d7f4714b3d49bc5dda67f8d861bd291754

(a) Appropriations.--In addition to amounts otherwise available,
there are appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2031--
(1) $150,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2109a) for providing through that program a cost share to
carry out climate mitigation or forest resilience practices in the
case of underserved forest landowners, subject to the condition
that subsection (h) of that section shall not apply;
(2) $150,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2109a) for providing through that program grants to support
the participation of underserved forest landowners in emerging
private markets for climate mitigation or forest resilience,
subject to the condition that subsection (h) of that section shall
not apply;
(3) $100,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2109a) for providing through that program grants to support
the participation of forest landowners who own less than 2,500
acres of forest land in emerging private markets for climate
mitigation or forest resilience, subject to the condition that
subsection (h) of that section shall not apply;
(4) $50,000,000 for the competitive grant program under section
13A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2109a) to provide grants to states and other eligible entities to
provide payments to owners of private forest land for
implementation of forestry practices on private forest land, that
are determined by the Secretary, based on the best available
science, to provide measurable increases in carbon sequestration
and storage beyond customary practices on comparable land, subject
to the conditions that--
(A) those payments shall not preclude landowners from
participation in other public and private sector financial
incentive programs; and
(B) subsection (h) of that section shall not apply; and
(5) $100,000,000 to provide grants under the wood innovation
grant program under section 8643 of the Agriculture Improvement Act
of 2018 (7 U.S.C. 7655d), including for the construction of new
facilities that advance the purposes of the program and for the
hauling of material removed to reduce hazardous fuels to locations
where that material can be utilized, subject to the conditions
that--
(A) the amount of such a grant shall be not more than
$5,000,000; and
(B) notwithstanding subsection (d) of that section, a
recipient of such a grant shall provide funds equal to not less
than 50 percent of the amount received under the grant, to be
derived from non-Federal sources.
(b) Cost-sharing Requirement.--Any partnership agreements,
including cooperative agreements and mutual interest agreements, using
funds made available under this section shall be subject to a non-
Federal cost-share requirement of not less than 20 percent of the
project cost, which may be waived at the discretion of the Secretary.
(c) Limitations.--Nothing in this section shall be interpreted to
authorize funds of the Commodity Credit Corporation for activities
under this section if such funds are not expressly authorized or
currently expended for such purposes.

feb84aa8de1de09ac98ad1cbe39829d39626980ee9299c49508fc72526e7613a

(a) Appropriations.--In addition to amounts otherwise available,
there are appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2031--
(1) $700,000,000 to provide competitive grants to States
through the Forest Legacy Program established under section 7 of
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c)
for projects for the acquisition of land and interests in land; and
(2) $1,500,000,000 to provide multiyear, programmatic,
competitive grants to a State agency, a local governmental entity,
an agency or governmental entity of the District of Columbia, an
agency or governmental entity of an insular area (as defined in
section 1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)), an Indian Tribe, or a
nonprofit organization through the Urban and Community Forestry
Assistance program established under section 9(c) of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(c)) for
tree planting and related activities.
(b) Waiver.--Any non-Federal cost-share requirement otherwise
applicable to projects carried out under this section may be waived at
the discretion of the Secretary.

8d287d507a23d58f82cfc17b08e46493e72cd3fc10d37405b9ba546576683b88

The funds made available under this subtitle are subject to the
condition that the Secretary shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; or
(2) use any other funds available to the Secretary to satisfy
obligations initially made under this subtitle.

033949b63aadc6222ccfe8ba9fa663d53274577926db4a8829b12a7130743112

In addition to amounts otherwise available, there is appropriated
to the Secretary for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $100,000,000 to remain available until
September 30, 2031, for administrative costs of the agencies and
offices of the Department of Agriculture for costs related to
implementing this subtitle.

6b70fa0e83f86df5770d0ec1d3864f01753e978e5d3e01ff8bce73d885660570

In addition to amounts otherwise available, there is appropriated
for fiscal year 2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available until September 30,
2024, to carry out the Defense Production Act of 1950 (50 U.S.C. 4501
et seq.).

23c776f1d7120b03a8b235b49d0212a213b8c9f7a98a0865d2e30ad3c10c8008

TITLE III

-COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

RESILIENCE OF AFFORDABLE HOUSING.
(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Housing and Urban Development
(in this section referred to as the ``Secretary'') for fiscal year
2022, out of any money in the Treasury not otherwise appropriated--
(1) $837,500,000, to remain available until September 30, 2028,
for the cost of providing direct loans, the costs of modifying such
loans, and for grants, as provided for and subject to terms and
conditions in subsection (b), including to subsidize gross
obligations for the principal amount of such loans, not to exceed
$4,000,000,000, to fund projects that improve energy or water
efficiency, enhance indoor air quality or sustainability, implement
the use of zero-emission electricity generation, low-emission
building materials or processes, energy storage, or building
electrification strategies, or address climate resilience, of an
eligible property;
(2) $60,000,000, to remain available until September 30, 2030,
for the costs to the Secretary for information technology, research
and evaluation, and administering and overseeing the implementation
of this section;
(3) $60,000,000, to remain available until September 30, 2029,
for expenses of contracts or cooperative agreements administered by
the Secretary; and
(4) $42,500,000, to remain available until September 30, 2028,
for energy and water benchmarking of properties eligible to receive
grants or loans under this section, regardless of whether they
actually received such grants or loans, along with associated data
analysis and evaluation at the property and portfolio level, and
the development of information technology systems necessary for the
collection, evaluation, and analysis of such data.
(b) Loan and Grant Terms and Conditions.--Amounts made available
under this section shall be for direct loans, grants, and direct loans
that can be converted to grants to eligible recipients that agree to an
extended period of affordability for the property.
(c) Definitions.--As used in this section--
(1) the term ``eligible recipient'' means any owner or sponsor
of an eligible property; and
(2) the term ``eligible property'' means a property assisted
pursuant to--
(A) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(B) section 202 of the Housing Act of 1959 (former 12
U.S.C. 1701q), as such section existed before the enactment of
the Cranston-Gonzalez National Affordable Housing Act;
(C) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013);
(D) section 8(b) of the United States Housing Act of 1937
(42 U.S.C. 1437f(b));
(E) section 236 of the National Housing Act (12 U.S.C.
1715z-1); or
(F) a Housing Assistance Payments contract for Project-
Based Rental Assistance in fiscal year 2021.
(d) Waiver.--The Secretary may waive or specify alternative
requirements for any provision of subsection (c) or (bb) of section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f(c),
1437f(bb)) upon a finding that the waiver or alternative requirement is
necessary to facilitate the use of amounts made available under this
section.
(e) Implementation.--The Secretary shall have the authority to
establish by notice any requirements that the Secretary determines are
necessary for timely and effective implementation of the program and
expenditure of funds appropriated, which requirements shall take effect
upon issuance.

8dea2fa2fa2020e9b97eb7c402ee47a59fbd5f4d8f3267ca7d08ac005cba5056

(a) In General.--In addition to amounts otherwise available, there
is appropriated to the National Oceanic and Atmospheric Administration
for fiscal year 2022, out of any money in the Treasury not otherwise
appropriated, $2,600,000,000, to remain available until September 30,
2026, to provide funding through direct expenditure, contracts, grants,
cooperative agreements, or technical assistance to coastal states (as
defined in paragraph (4) of section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453(4))), the District of Columbia, Tribal
Governments, nonprofit organizations, local governments, and
institutions of higher education (as defined in subsection (a) of
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a))),
for the conservation, restoration, and protection of coastal and marine
habitats, resources, Pacific salmon and other marine fisheries, to
enable coastal communities to prepare for extreme storms and other
changing climate conditions, and for projects that support natural
resources that sustain coastal and marine resource dependent
communities, marine fishery and marine mammal stock assessments, and
for related administrative expenses.
(b) Tribal Government Defined.--In this section, the term ``Tribal
Government'' means the recognized governing body of any Indian or
Alaska Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually identified
(including parenthetically) in the list published most recently as of
the date of enactment of this subsection pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

a705c01ec357e9644bd1c936b5a42650e099b3ef308291641e68e1844c050167

TITLE IV

-COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ADMINISTRATION AND NATIONAL MARINE SANCTUARIES.
(a) National Oceanic and Atmospheric Administration Facilities.--In
addition to amounts otherwise available, there is appropriated to the
National Oceanic and Atmospheric Administration for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$150,000,000, to remain available until September 30, 2026, for the
construction of new facilities, facilities in need of replacement,
piers, marine operations facilities, and fisheries laboratories.
(b) National Marine Sanctuaries Facilities.--In addition to amounts
otherwise available, there is appropriated to the National Oceanic and
Atmospheric Administration for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $50,000,000, to remain
available until September 30, 2026, for the construction of facilities
to support the National Marine Sanctuary System established under
subsection (c) of section 301 of the National Marine Sanctuaries Act
(16 U.S.C. 1431(c)).

1dfa6eebd40e952b08b752aea10b38996c35281b577c9e332f4aa1312da4a2a2

In addition to amounts otherwise available, there is appropriated
to the National Oceanic and Atmospheric Administration for fiscal year
2022, out of any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2026, to conduct
more efficient, accurate, and timely reviews for planning, permitting
and approval processes through the hiring and training of personnel,
and the purchase of technical and scientific services and new
equipment, and to improve agency transparency, accountability, and
public engagement.

2349af6b2e5d4a01a735101dfc86aa860a88f256ffb5f9868d690fbdd49631f7

WEATHER AND CLIMATE.
(a) Forecasting and Research.--In addition to amounts otherwise
available, there is appropriated to the National Oceanic and
Atmospheric Administration for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $150,000,000, to remain
available until September 30, 2026, to accelerate advances and
improvements in research, observation systems, modeling, forecasting,
assessments, and dissemination of information to the public as it
pertains to ocean and atmospheric processes related to weather, coasts,
oceans, and climate, and to carry out section 102(a) of the Weather
Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8512(a)),
and for related administrative expenses.
(b) Research Grants and Science Information, Products, and
Services.--In addition to amounts otherwise available, there are
appropriated to the National Oceanic and Atmospheric Administration for
fiscal year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2026, $50,000,000
for competitive grants to fund climate research as it relates to
weather, ocean, coastal, and atmospheric processes and conditions, and
impacts to marine species and coastal habitat, and for related
administrative expenses.

2c91834ae191a9d993efb52fda1e717fe943522d9a9b23395167350d9374a2eb

CLIMATE.
In addition to amounts otherwise available, there is appropriated
to the National Oceanic and Atmospheric Administration for fiscal year
2022, out of any money in the Treasury not otherwise appropriated,
$190,000,000, to remain available until September 30, 2026, for the
procurement of additional high-performance computing, data processing
capacity, data management, and storage assets, to carry out section
204(a)(2) of the High-Performance Computing Act of 1991 (15 U.S.C.
5524(a)(2)), and for transaction agreements authorized under section
301(d)(1)(A) of the Weather Research and Forecasting Innovation Act of
2017 (15 U.S.C. 8531(d)(1)(A)), and for related administrative
expenses.

929b567ce868f8554f83ed719bdeeb8d10f42c551b3e194ee972ba817ef51a11

In addition to amounts otherwise available, there is appropriated
to the National Oceanic and Atmospheric Administration for fiscal year
2022, out of any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2026, for the
acquisition of hurricane hunter aircraft under section 413(a) of the
Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C.
8549(a)).

3e1f93d422f490deea3e84de2616b4b6ace0c8861f93dbd01e0a5bc50e11431d

PROGRAM.
(a) Appropriation and Establishment.--For purposes of establishing
a competitive grant program for eligible entities to carry out projects
located in the United States that produce, transport, blend, or store
sustainable aviation fuel, or develop, demonstrate, or apply low-
emission aviation technologies, in addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal year
2022, out of any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2026--
(1) $244,530,000 for projects relating to the production,
transportation, blending, or storage of sustainable aviation fuel;
(2) $46,530,000 for projects relating to low-emission aviation
technologies; and
(3) $5,940,000 to fund the award of grants under this section,
and oversight of the program, by the Secretary.
(b) Considerations.--In carrying out subsection (a), the Secretary
shall consider, with respect to a proposed project--
(1) the capacity for the eligible entity to increase the
domestic production and deployment of sustainable aviation fuel or
the use of low-emission aviation technologies among the United
States commercial aviation and aerospace industry;
(2) the projected greenhouse gas emissions from such project,
including emissions resulting from the development of the project,
and the potential the project has to reduce or displace, on a
lifecycle basis, United States greenhouse gas emissions associated
with air travel;
(3) the capacity to create new jobs and develop supply chain
partnerships in the United States;
(4) for projects related to the production of sustainable
aviation fuel, the projected lifecycle greenhouse gas emissions
benefits from the proposed project, which shall include feedstock
and fuel production and potential direct and indirect greenhouse
gas emissions (including resulting from changes in land use); and
(5) the benefits of ensuring a diversity of feedstocks for
sustainable aviation fuel, including the use of waste carbon oxides
and direct air capture.
(c) Cost Share.--The Federal share of the cost of a project carried
out using grant funds under subsection (a) shall be 75 percent of the
total proposed cost of the project, except that such Federal share
shall increase to 90 percent of the total proposed cost of the project
if the eligible entity is a small hub airport or nonhub airport, as
such terms are defined in section 47102 of title 49, United States
Code.
(d) Fuel Emissions Reduction Test.--For purposes of clause (ii) of
subsection (e)(7)(E), the Secretary shall, not later than 2 years after
the date of enactment of this section, adopt at least 1 methodology for
testing lifecycle greenhouse gas emissions that meets the requirements
of such clause.
(e) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or local government, including the District of
Columbia, other than an airport sponsor;
(B) an air carrier;
(C) an airport sponsor;
(D) an accredited institution of higher education;
(E) a research institution;
(F) a person or entity engaged in the production,
transportation, blending, or storage of sustainable aviation
fuel in the United States or feedstocks in the United States
that could be used to produce sustainable aviation fuel;
(G) a person or entity engaged in the development,
demonstration, or application of low-emission aviation
technologies; or
(H) nonprofit entities or nonprofit consortia with
experience in sustainable aviation fuels, low-emission aviation
technologies, or other clean transportation research programs.
(2) Feedstock.--The term ``feedstock'' means sources of
hydrogen and carbon not originating from unrefined or refined
petrochemicals.
(3) Induced land-use change values.--The term ``induced land-
use change values'' means the greenhouse gas emissions resulting
from the conversion of land to the production of feedstocks and
from the conversion of other land due to the displacement of crops
or animals for which the original land was previously used.
(4) Lifecycle greenhouse gas emissions.--The term ``lifecycle
greenhouse gas emissions'' means the combined greenhouse gas
emissions from feedstock production, collection of feedstock,
transportation of feedstock to fuel production facilities,
conversion of feedstock to fuel, transportation and distribution of
fuel, and fuel combustion in an aircraft engine, as well as from
induced land-use change values.
(5) Low-emission aviation technologies.--The term ``low-
emission aviation technologies'' means technologies, produced in
the United States, that significantly--
(A) improve aircraft fuel efficiency;
(B) increase utilization of sustainable aviation fuel; or
(C) reduce greenhouse gas emissions produced during
operation of civil aircraft.
(6) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
(7) Sustainable aviation fuel.--The term ``sustainable aviation
fuel'' means liquid fuel, produced in the United States, that--
(A) consists of synthesized hydrocarbons;
(B) meets the requirements of--
(i) ASTM International Standard D7566; or
(ii) the co-processing provisions of ASTM International
Standard D1655, Annex A1 (or such successor standard);
(C) is derived from biomass (in a similar manner as such
term is defined in section 45K(c)(3) of the Internal Revenue
Code of 1986), waste streams, renewable energy sources, or
gaseous carbon oxides;
(D) is not derived from palm fatty acid distillates; and
(E) achieves at least a 50 percent lifecycle greenhouse gas
emissions reduction in comparison with petroleum-based jet
fuel, as determined by a test that shows--
(i) the fuel production pathway achieves at least a 50
percent reduction of the aggregate attributional core
lifecycle emissions and the induced land-use change values
under a lifecycle methodology for sustainable aviation
fuels similar to that adopted by the International Civil
Aviation Organization with the agreement of the United
States; or
(ii) the fuel production pathway achieves at least a 50
percent reduction of the aggregate attributional core
lifecycle greenhouse gas emissions values and the induced
land-use change values under another methodology that the
Secretary determines is--
(I) reflective of the latest scientific
understanding of lifecycle greenhouse gas emissions;
and
(II) as stringent as the requirement under clause
(i).
Subtitle A--Energy
PART 1--GENERAL PROVISIONS

5b0bbe1eafb520252851816dc9433b4d45cc248efad7e34ec484a0aa085ac8df

In this subtitle:
(1) Greenhouse gas.--The term ``greenhouse gas'' has the
meaning given the term in section 1610(a) of the Energy Policy Act
of 1992 (42 U.S.C. 13389(a)).
(2) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
(3) State.--The term ``State'' means a State, the District of
Columbia, and a United States Insular Area (as that term is defined
in section 50211).
(4) State energy office.--The term ``State energy office'' has
the meaning given the term in section 124(a) of the Energy Policy
Act of 2005 (42 U.S.C. 15821(a)).
(5) State energy program.--The term ``State Energy Program''
means the State Energy Program established pursuant to part D of
title III of the Energy Policy and Conservation Act (42 U.S.C. 6321
through 6326).
PART 2--RESIDENTIAL EFFICIENCY AND ELECTRIFICATION REBATES

5053e080fb79b599581847ec0c33d56973f14fc94f1be41c399c1ab688cea8b3

TITLE V

-COMMITTEE ON ENERGY AND NATURAL RESOURCES

(a) Appropriation.--
(1) In general.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$4,300,000,000, to remain available through September 30, 2031, to
carry out a program to award grants to State energy offices to
develop and implement a HOMES rebate program.
(2) Allocation of funds.--
(A) In general.--The Secretary shall reserve funds made
available under paragraph (1) for each State energy office--
(i) in accordance with the allocation formula for the
State Energy Program in effect on January 1, 2022; and
(ii) to be distributed to a State energy office if the
application of the State energy office under subsection (b)
is approved.
(B) Additional funds.--Not earlier than 2 years after the
date of enactment of this Act, any money reserved under
subparagraph (A) but not distributed under clause (ii) of that
subparagraph shall be redistributed to the State energy offices
operating a HOMES rebate program using a grant received under
this section in proportion to the amount distributed to those
State energy offices under subparagraph (A)(ii).
(3) Administrative expenses.--Of the funds made available under
paragraph (1), the Secretary shall use not more than 3 percent
for--
(A) administrative purposes; and
(B) providing technical assistance relating to activities
carried out under this section.
(b) Application.--A State energy office seeking a grant under this
section shall submit to the Secretary an application that includes a
plan to implement a HOMES rebate program, including a plan--
(1) to use procedures, as approved by the Secretary, for
determining the reductions in home energy use resulting from the
implementation of a home energy efficiency retrofit that are
calibrated to historical energy usage for a home consistent with
BPI 2400, for purposes of modeled performance home rebates;
(2) to use open-source advanced measurement and verification
software, as approved by the Secretary, for determining and
documenting the monthly and hourly (if available) weather-
normalized energy use of a home before and after the implementation
of a home energy efficiency retrofit, for purposes of measured
performance home rebates;
(3) to value savings based on time, location, or greenhouse gas
emissions;
(4) for quality monitoring to ensure that each home energy
efficiency retrofit for which a rebate is provided is documented in
a certificate that--
(A) is provided by the contractor and certified by a third
party to the homeowner; and
(B) details the work performed, the equipment and materials
installed, and the projected energy savings or energy
generation to support accurate valuation of the retrofit;
(5) to provide a contractor performing a home energy efficiency
retrofit or an aggregator who has the right to claim a rebate $200
for each home located in a disadvantaged community that receives a
home energy efficiency retrofit for which a rebate is provided
under the program; and
(6) to ensure that a homeowner or aggregator does not receive a
rebate for the same upgrade through both a HOMES rebate program and
any other Federal grant or rebate program, pursuant to subsection
(c)(7).
(c) HOMES Rebate Program.--
(1) In general.--A HOMES rebate program carried out by a State
energy office receiving a grant pursuant to this section shall
provide rebates to homeowners and aggregators for whole-house
energy saving retrofits begun on or after the date of enactment of
this Act and completed by not later than September 30, 2031.
(2) Amount of rebate.--Subject to paragraph (3), under a HOMES
rebate program, the amount of a rebate shall not exceed--
(A) for individuals and aggregators carrying out energy
efficiency upgrades of single-family homes--
(i) in the case of a retrofit that achieves modeled
energy system savings of not less than 20 percent but less
than 35 percent, the lesser of--
(I) $2,000; and
(II) 50 percent of the project cost;
(ii) in the case of a retrofit that achieves modeled
energy system savings of not less than 35 percent, the
lesser of--
(I) $4,000; and
(II) 50 percent of the project cost; and
(iii) for measured energy savings, in the case of a
home or portfolio of homes that achieves energy savings of
not less than 15 percent--
(I) a payment rate per kilowatt hour saved, or
kilowatt hour-equivalent saved, equal to $2,000 for a
20 percent reduction of energy use for the average home
in the State; or
(II) 50 percent of the project cost;
(B) for multifamily building owners and aggregators
carrying out energy efficiency upgrades of multifamily
buildings--
(i) in the case of a retrofit that achieves modeled
energy system savings of not less than 20 percent but less
than 35 percent, $2,000 per dwelling unit, with a maximum
of $200,000 per multifamily building;
(ii) in the case of a retrofit that achieves modeled
energy system savings of not less than 35 percent, $4,000
per dwelling unit, with a maximum of $400,000 per
multifamily building; or
(iii) for measured energy savings, in the case of a
multifamily building or portfolio of multifamily buildings
that achieves energy savings of not less than 15 percent--
(I) a payment rate per kilowatt hour saved, or
kilowatt hour-equivalent saved, equal to $2,000 for a
20 percent reduction of energy use per dwelling unit
for the average multifamily building in the State; or
(II) 50 percent of the project cost; and
(C) for individuals and aggregators carrying out energy
efficiency upgrades of a single-family home occupied by a low-
or moderate-income household or a multifamily building not less
than 50 percent of the dwelling units of which are occupied by
low- or moderate-income households--
(i) in the case of a retrofit that achieves modeled
energy system savings of not less than 20 percent but less
than 35 percent, the lesser of--
(I) $4,000 per single-family home or dwelling unit;
and
(II) 80 percent of the project cost;
(ii) in the case of a retrofit that achieves modeled
energy system savings of not less than 35 percent, the
lesser of--
(I) $8,000 per single-family home or dwelling unit;
and
(II) 80 percent of the project cost; and
(iii) for measured energy savings, in the case of a
single-family home, multifamily building, or portfolio of
single-family homes or multifamily buildings that achieves
energy savings of not less than 15 percent--
(I) a payment rate per kilowatt hour saved, or
kilowatt hour-equivalent saved, equal to $4,000 for a
20 percent reduction of energy use per single-family
home or dwelling unit, as applicable, for the average
single-family home or multifamily building in the
State; or
(II) 80 percent of the project cost.
(3) Rebates to low- or moderate-income households.--On approval
from the Secretary, notwithstanding paragraph (2), a State energy
office carrying out a HOMES rebate program using a grant awarded
pursuant to this section may increase rebate amounts for low- or
moderate-income households.
(4) Use of funds.--A State energy office that receives a grant
pursuant to this section may use not more than 20 percent of the
grant amount for planning, administration, or technical assistance
related to a HOMES rebate program.
(5) Data access guidelines.--The Secretary shall develop and
publish guidelines for States relating to residential electric and
natural gas energy data sharing.
(6) Exemption.--Activities carried out by a State energy office
using a grant awarded pursuant to this section shall not be subject
to the expenditure prohibitions and limitations described in
section 420.18 of title 10, Code of Federal Regulations.
(7) Prohibition on combining rebates.--A rebate provided by a
State energy office under a HOMES rebate program may not be
combined with any other Federal grant or rebate, including a rebate
provided under a high-efficiency electric home rebate program (as
defined in section 50122(d)), for the same single upgrade.
(d) Definitions.--In this section:
(1) Disadvantaged community.--The term ``disadvantaged
community'' means a community that the Secretary determines, based
on appropriate data, indices, and screening tools, is economically,
socially, or environmentally disadvantaged.
(2) HOMES rebate program.--The term ``HOMES rebate program''
means a Home Owner Managing Energy Savings rebate program
established by a State energy office as part of an approved State
energy conservation plan under the State Energy Program.
(3) Low- or moderate-income household.--The term ``low- or
moderate-income household'' means an individual or family the total
annual income of which is less than 80 percent of the median income
of the area in which the individual or family resides, as reported
by the Department of Housing and Urban Development, including an
individual or family that has demonstrated eligibility for another
Federal program with income restrictions equal to or below 80
percent of area median income.

439ff7acca4e13e5b441a7897817fac62aa6e0344b740778fccf64936f7071db

(a) Appropriations.--
(1) Funds to state energy offices and indian tribes.--In
addition to amounts otherwise available, there is appropriated to
the Secretary for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to carry out a program--
(A) to award grants to State energy offices to develop and
implement a high-efficiency electric home rebate program in
accordance with subsection (c), $4,275,000,000, to remain
available through September 30, 2031; and
(B) to award grants to Indian Tribes to develop and
implement a high-efficiency electric home rebate program in
accordance with subsection (c), $225,000,000, to remain
available through September 30, 2031.
(2) Allocation of funds.--
(A) State energy offices.--The Secretary shall reserve
funds made available under paragraph (1)(A) for each State
energy office--
(i) in accordance with the allocation formula for the
State Energy Program in effect on January 1, 2022; and
(ii) to be distributed to a State energy office if the
application of the State energy office under subsection (b)
is approved.
(B) Indian tribes.--The Secretary shall reserve funds made
available under paragraph (1)(B)--
(i) in a manner determined appropriate by the
Secretary; and
(ii) to be distributed to an Indian Tribe if the
application of the Indian Tribe under subsection (b) is
approved.
(C) Additional funds.--Not earlier than 2 years after the
date of enactment of this Act, any money reserved under--
(i) subparagraph (A) but not distributed under clause
(ii) of that subparagraph shall be redistributed to the
State energy offices operating a high-efficiency electric
home rebate program in proportion to the amount distributed
to those State energy offices under that clause; and
(ii) subparagraph (B) but not distributed under clause
(ii) of that subparagraph shall be redistributed to the
Indian Tribes operating a high-efficiency electric home
rebate program in proportion to the amount distributed to
those Indian Tribes under that clause.
(3) Administrative expenses.--Of the funds made available under
paragraph (1), the Secretary shall use not more than 3 percent
for--
(A) administrative purposes; and
(B) providing technical assistance relating to activities
carried out under this section.
(b) Application.--A State energy office or Indian Tribe seeking a
grant under the program shall submit to the Secretary an application
that includes a plan to implement a high-efficiency electric home
rebate program, including--
(1) a plan to verify the income eligibility of eligible
entities seeking a rebate for a qualified electrification project;
(2) a plan to allow rebates for qualified electrification
projects at the point of sale in a manner that ensures that the
income eligibility of an eligible entity seeking a rebate may be
verified at the point of sale;
(3) a plan to ensure that an eligible entity does not receive a
rebate for the same qualified electrification project through both
a high-efficiency electric home rebate program and any other
Federal grant or rebate program, pursuant to subsection (c)(8); and
(4) any additional information that the Secretary may require.
(c) High-efficiency Electric Home Rebate Program.--
(1) In general.--Under the program, the Secretary shall award
grants to State energy offices and Indian Tribes to establish a
high-efficiency electric home rebate program under which rebates
shall be provided to eligible entities for qualified
electrification projects.
(2) Guidelines.--The Secretary shall prescribe guidelines for
high-efficiency electric home rebate programs, including guidelines
for providing point of sale rebates in a manner consistent with the
income eligibility requirements under this section.
(3) Amount of rebate.--
(A) Appliance upgrades.--The amount of a rebate provided
under a high-efficiency electric home rebate program for the
purchase of an appliance under a qualified electrification
project shall be--
(i) not more than $1,750 for a heat pump water heater;
(ii) not more than $8,000 for a heat pump for space
heating or cooling; and
(iii) not more than $840 for--
(I) an electric stove, cooktop, range, or oven; or
(II) an electric heat pump clothes dryer.
(B) Nonappliance upgrades.--The amount of a rebate provided
under a high-efficiency electric home rebate program for the
purchase of a nonappliance upgrade under a qualified
electrification project shall be--
(i) not more than $4,000 for an electric load service
center upgrade;
(ii) not more than $1,600 for insulation, air sealing,
and ventilation; and
(iii) not more than $2,500 for electric wiring.
(C) Maximum rebate.--An eligible entity receiving multiple
rebates under this section may receive not more than a total of
$14,000 in rebates.
(4) Limitations.--A rebate provided using funding under this
section shall not exceed--
(A) in the case of an eligible entity described in
subsection (d)(1)(A)--
(i) 50 percent of the cost of the qualified
electrification project for a household the annual income
of which is not less than 80 percent and not greater than
150 percent of the area median income; and
(ii) 100 percent of the cost of the qualified
electrification project for a household the annual income
of which is less than 80 percent of the area median income;
(B) in the case of an eligible entity described in
subsection (d)(1)(B)--
(i) 50 percent of the cost of the qualified
electrification project for a multifamily building not less
than 50 percent of the residents of which are households
the annual income of which is not less than 80 percent and
not greater than 150 percent of the area median income; and
(ii) 100 percent of the cost of the qualified
electrification project for a multifamily building not less
than 50 percent of the residents of which are households
the annual income of which is less than 80 percent of the
area median income; or
(C) in the case of an eligible entity described in
subsection (d)(1)(C)--
(i) 50 percent of the cost of the qualified
electrification project for a household--
(I) on behalf of which the eligible entity is
working; and
(II) the annual income of which is not less than 80
percent and not greater than 150 percent of the area
median income; and
(ii) 100 percent of the cost of the qualified
electrification project for a household--
(I) on behalf of which the eligible entity is
working; and
(II) the annual income of which is less than 80
percent of the area median income.
(5) Amount for installation of upgrades.--
(A) In general.--In the case of an eligible entity
described in subsection (d)(1)(C) that receives a rebate under
the program and performs the installation of the applicable
qualified electrification project, a State energy office or
Indian Tribe shall provide to that eligible entity, in addition
to the rebate, an amount that--
(i) does not exceed $500; and
(ii) is commensurate with the scale of the upgrades
installed as part of the qualified electrification project,
as determined by the Secretary.
(B) Treatment.--An amount received under subparagraph (A)
by an eligible entity described in that subparagraph shall not
be subject to the requirement under paragraph (6).
(6) Requirement.--An eligible entity described in subparagraph
(C) of subsection (d)(1) shall discount the amount of a rebate
received for a qualified electrification project from any amount
charged by that eligible entity to the eligible entity described in
subparagraph (A) or (B) of that subsection on behalf of which the
qualified electrification project is carried out.
(7) Exemption.--Activities carried out by a State energy office
using a grant provided under the program shall not be subject to
the expenditure prohibitions and limitations described in section
420.18 of title 10, Code of Federal Regulations.
(8) Prohibition on combining rebates.--A rebate provided by a
State energy office or Indian Tribe under a high-efficiency
electric home rebate program may not be combined with any other
Federal grant or rebate, including a rebate provided under a HOMES
rebate program (as defined in section 50121(d)), for the same
qualified electrification project.
(9) Administrative costs.--A State energy office or Indian
Tribe that receives a grant under the program shall use not more
than 20 percent of the grant amount for planning, administration,
or technical assistance relating to a high-efficiency electric home
rebate program.
(d) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a low- or moderate-income household;
(B) an individual or entity that owns a multifamily
building not less than 50 percent of the residents of which are
low- or moderate-income households; and
(C) a governmental, commercial, or nonprofit entity, as
determined by the Secretary, carrying out a qualified
electrification project on behalf of an entity described in
subparagraph (A) or (B).
(2) High-efficiency electric home rebate program.--The term
``high-efficiency electric home rebate program'' means a rebate
program carried out by a State energy office or Indian Tribe
pursuant to subsection (c) using a grant received under the
program.
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(4) Low- or moderate-income household.--The term ``low- or
moderate-income household'' means an individual or family the total
annual income of which is less than 150 percent of the median
income of the area in which the individual or family resides, as
reported by the Department of Housing and Urban Development,
including an individual or family that has demonstrated eligibility
for another Federal program with income restrictions equal to or
below 150 percent of area median income.
(5) Program.--The term ``program'' means the program carried
out by the Secretary under subsection (a)(1).
(6) Qualified electrification project.--
(A) In general.--The term ``qualified electrification
project'' means a project that--
(i) includes the purchase and installation of--
(I) an electric heat pump water heater;
(II) an electric heat pump for space heating and
cooling;
(III) an electric stove, cooktop, range, or oven;
(IV) an electric heat pump clothes dryer;
(V) an electric load service center;
(VI) insulation;
(VII) air sealing and materials to improve
ventilation; or
(VIII) electric wiring;
(ii) with respect to any appliance described in clause
(i), the purchase of which is carried out--
(I) as part of new construction;
(II) to replace a nonelectric appliance; or
(III) as a first-time purchase with respect to that
appliance; and
(iii) is carried out at, or relating to, a single-
family home or multifamily building, as applicable and
defined by the Secretary.
(B) Exclusions.--The term ``qualified electrification
project'' does not include any project with respect to which
the appliance, system, equipment, infrastructure, component, or
other item described in subclauses (I) through (VIII) of
subparagraph (A)(i) is not certified under the Energy Star
program established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a), if applicable.

f7dbf2ff708e2c49742f80db735f0222fde509ee6ff9f53827605c0fdfcfd0c8

GRANTS.
(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $200,000,000, to
remain available through September 30, 2031, to carry out a program to
provide financial assistance to States to develop and implement a State
program described in section 362(d)(13) of the Energy Policy and
Conservation Act (42 U.S.C. 6322(d)(13)), which shall provide training
and education to contractors involved in the installation of home
energy efficiency and electrification improvements, including
improvements eligible for rebates under a HOMES rebate program (as
defined in section 50121(d)) or a high-efficiency electric home rebate
program (as defined in section 50122(d)), as part of an approved State
energy conservation plan under the State Energy Program.
(b) Use of Funds.--A State may use amounts received under
subsection (a)--
(1) to reduce the cost of training contractor employees;
(2) to provide testing and certification of contractors trained
and educated under a State program developed and implemented
pursuant to subsection (a); and
(3) to partner with nonprofit organizations to develop and
implement a State program pursuant to subsection (a).
(c) Administrative Expenses.--Of the amounts received by a State
under subsection (a), a State shall use not more than 10 percent for
administrative expenses associated with developing and implementing a
State program pursuant to that subsection.
PART 3--BUILDING EFFICIENCY AND RESILIENCE

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ADOPTION.
(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated--
(1) $330,000,000, to remain available through September 30,
2029, to carry out activities under part D of title III of the
Energy Policy and Conservation Act (42 U.S.C. 6321 through 6326) in
accordance with subsection (b); and
(2) $670,000,000, to remain available through September 30,
2029, to carry out activities under part D of title III of the
Energy Policy and Conservation Act (42 U.S.C. 6321 through 6326) in
accordance with subsection (c).
(b) Latest Building Energy Code.--The Secretary shall use funds
made available under subsection (a)(1) for grants to assist States, and
units of local government that have authority to adopt building codes--
(1) to adopt--
(A) a building energy code (or codes) for residential
buildings that meets or exceeds the 2021 International Energy
Conservation Code, or achieves equivalent or greater energy
savings;
(B) a building energy code (or codes) for commercial
buildings that meets or exceeds the ANSI/ASHRAE/IES Standard
90.1-2019, or achieves equivalent or greater energy savings; or
(C) any combination of building energy codes described in
subparagraph (A) or (B); and
(2) to implement a plan for the jurisdiction to achieve full
compliance with any building energy code adopted under paragraph
(1) in new and renovated residential or commercial buildings, as
applicable, which plan shall include active training and
enforcement programs and measurement of the rate of compliance each
year.
(c) Zero Energy Code.--The Secretary shall use funds made available
under subsection (a)(2) for grants to assist States, and units of local
government that have authority to adopt building codes--
(1) to adopt a building energy code (or codes) for residential
and commercial buildings that meets or exceeds the zero energy
provisions in the 2021 International Energy Conservation Code or an
equivalent stretch code; and
(2) to implement a plan for the jurisdiction to achieve full
compliance with any building energy code adopted under paragraph
(1) in new and renovated residential and commercial buildings,
which plan shall include active training and enforcement programs
and measurement of the rate of compliance each year.
(d) State Match.--The State cost share requirement under the item
relating to ``Department of Energy--Energy Conservation'' in title II
of the Department of the Interior and Related Agencies Appropriations
Act, 1985 (42 U.S.C. 6323a; 98 Stat. 1861), shall not apply to
assistance provided under this section.
(e) Administrative Costs.--Of the amounts made available under this
section, the Secretary shall reserve not more than 5 percent for
administrative costs necessary to carry out this section.
PART 4--DOE LOAN AND GRANT PROGRAMS

c956f0d4462b4f24b88f9e54a6855eb5d85cd8160a6155f87a4f9af4b771c709

(a) Commitment Authority.--In addition to commitment authority
otherwise available and previously provided, the Secretary may make
commitments to guarantee loans for eligible projects under section 1703
of the Energy Policy Act of 2005 (42 U.S.C. 16513), up to a total
principal amount of $40,000,000,000, to remain available through
September 30, 2026.
(b) Appropriation.--In addition to amounts otherwise available and
previously provided, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise appropriated,
$3,600,000,000, to remain available through September 30, 2026, for the
costs of guarantees made under section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513), using the loan guarantee authority provided
under subsection (a) of this section.
(c) Administrative Expenses.--Of the amount made available under
subsection (b), the Secretary shall reserve not more than 3 percent for
administrative expenses to carry out title XVII of the Energy Policy
Act of 2005 and for carrying out section 1702(h)(3) of such Act (42
U.S.C. 16512(h)(3)).
(d) Limitations.--
(1) Certification.--None of the amounts made available under
this section for loan guarantees shall be available for any project
unless the President has certified in advance in writing that the
loan guarantee and the project comply with the provisions under
this section.
(2) Denial of double benefit.--Except as provided in paragraph
(3), none of the amounts made available under this section for loan
guarantees shall be available for commitments to guarantee loans
for any projects under which funds, personnel, or property
(tangible or intangible) of any Federal agency, instrumentality,
personnel, or affiliated entity are expected to be used (directly
or indirectly) through acquisitions, contracts, demonstrations,
exchanges, grants, incentives, leases, procurements, sales, other
transaction authority, or other arrangements to support the project
or to obtain goods or services from the project.
(3) Exception.--Paragraph (2) shall not preclude the use of the
loan guarantee authority provided under this section for
commitments to guarantee loans for--
(A) projects benefitting from otherwise allowable Federal
tax benefits;
(B) projects benefitting from being located on Federal land
pursuant to a lease or right-of-way agreement for which all
consideration for all uses is--
(i) paid exclusively in cash;
(ii) deposited in the Treasury as offsetting receipts;
and
(iii) equal to the fair market value;
(C) projects benefitting from the Federal insurance program
under section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210); or
(D) electric generation projects using transmission
facilities owned or operated by a Federal Power Marketing
Administration or the Tennessee Valley Authority that have been
authorized, approved, and financed independent of the project
receiving the guarantee.
(e) Guarantee.--Section 1701(4)(A) of the Energy Policy Act of 2005
(42 U.S.C. 16511(4)(A)) is amended by inserting ``, except that a loan
guarantee may guarantee any debt obligation of a non-Federal borrower
to any Eligible Lender (as defined in section 609.2 of title 10, Code
of Federal Regulations)'' before the period at the end.
(f) Source of Payments.--Section 1702(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16512(b)(2)) is amended by adding at the end the
following:
``(3) Source of payments.--The source of a payment received
from a borrower under subparagraph (A) or (B) of paragraph (2) may
not be a loan or other debt obligation that is made or guaranteed
by the Federal Government.''.

f303476bff4850b0c99faea9cee397c0fcd77bf9a12bab7822ca2dcd0d20c2ca

(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $3,000,000,000, to
remain available through September 30, 2028, for the costs of providing
direct loans under section 136(d) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17013(d)):  Provided, That funds
appropriated by this section may be used for the costs of providing
direct loans for reequipping, expanding, or establishing a
manufacturing facility in the United States to produce, or for
engineering integration performed in the United States of, advanced
technology vehicles described in subparagraph (C), (D), (E), or (F) of
section 136(a)(1) of such Act (42 U.S.C. 17013(a)(1)) only if such
advanced technology vehicles emit, under any possible operational mode
or condition, low or zero exhaust emissions of greenhouse gases.
(b) Administrative Costs.--The Secretary shall reserve not more
than $25,000,000 of amounts made available under subsection (a) for
administrative costs of providing loans as described in subsection (a).
(c) Elimination of Loan Program Cap.--Section 136(d)(1) of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)(1)) is
amended by striking ``a total of not more than $25,000,000,000 in''.

45cbf2566b6f1ec22beb442dea1bc0c607a6e70e434a235754be44d866585753

(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $2,000,000,000, to
remain available through September 30, 2031, to provide grants for
domestic production of efficient hybrid, plug-in electric hybrid, plug-
in electric drive, and hydrogen fuel cell electric vehicles, in
accordance with section 712 of the Energy Policy Act of 2005 (42 U.S.C.
16062).
(b) Cost Share.--The Secretary shall require a recipient of a grant
provided under subsection (a) to provide not less than 50 percent of
the cost of the project carried out using the grant.
(c) Administrative Costs.--The Secretary shall reserve not more
than 3 percent of amounts made available under subsection (a) for
administrative costs of making grants described in such subsection (a)
pursuant to section 712 of the Energy Policy Act of 2005 (42 U.S.C.
16062).

c96b4aefbf9c751e3dbb0343cbfb93babb84ee8510cee3a41051bb8bfe0098ac

(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $5,000,000,000, to
remain available through September 30, 2026, to carry out activities
under section 1706 of the Energy Policy Act of 2005.
(b) Commitment Authority.--The Secretary may make, through
September 30, 2026, commitments to guarantee loans for projects under
section 1706 of the Energy Policy Act of 2005 the total principal
amount of which is not greater than $250,000,000,000, subject to the
limitations that apply to loan guarantees under section 50141(d).
(c) Energy Infrastructure Reinvestment Financing.--Title XVII of
the Energy Policy Act of 2005 is amended by inserting after section
1705 (42 U.S.C. 16516) the following:
``SEC. 1706. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
``(a) In General.--Notwithstanding section 1703, the Secretary may
make guarantees, including refinancing, under this section only for
projects that--
``(1) retool, repower, repurpose, or replace energy
infrastructure that has ceased operations; or
``(2) enable operating energy infrastructure to avoid, reduce,
utilize, or sequester air pollutants or anthropogenic emissions of
greenhouse gases.
``(b) Inclusion.--A project under subsection (a) may include the
remediation of environmental damage associated with energy
infrastructure.
``(c) Requirement.--A project under subsection (a)(1) that involves
electricity generation through the use of fossil fuels shall be
required to have controls or technologies to avoid, reduce, utilize, or
sequester air pollutants and anthropogenic emissions of greenhouse
gases.
``(d) Application.--To apply for a guarantee under this section, an
applicant shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require, including--
``(1) a detailed plan describing the proposed project;
``(2) an analysis of how the proposed project will engage with
and affect associated communities; and
``(3) in the case of an applicant that is an electric utility,
an assurance that the electric utility shall pass on any financial
benefit from the guarantee made under this section to the customers
of, or associated communities served by, the electric utility.
``(e) Term.--Notwithstanding section 1702(f), the term of an
obligation shall require full repayment over a period not to exceed 30
years.
``(f) Definition of Energy Infrastructure.--In this section, the
term `energy infrastructure' means a facility, and associated
equipment, used for--
``(1) the generation or transmission of electric energy; or
``(2) the production, processing, and delivery of fossil fuels,
fuels derived from petroleum, or petrochemical feedstocks.''.
(d) Conforming Amendment.--Section 1702(o)(3) of the Energy Policy
Act of 2005 (42 U.S.C. 16512(o)(3)) is amended by inserting ``and
projects described in section 1706(a)'' before the period at the end.

0bcfa8072a0bc3a901171c5b1662fe15e57532917ca2bdb63012d0166949995d

(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $75,000,000, to
remain available through September 30, 2028, to carry out section
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), subject
to the limitations that apply to loan guarantees under section
50141(d).
(b) Department of Energy Tribal Energy Loan Guarantee Program.--
Section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is
amended--
(1) in paragraph (1), by striking ``) for an amount equal to
not more than 90 percent of'' and inserting ``, except that a loan
guarantee may guarantee any debt obligation of a non-Federal
borrower to any Eligible Lender (as defined in section 609.2 of
title 10, Code of Federal Regulations)) for''; and
(2) in paragraph (4), by striking ``$2,000,000,000'' and
inserting ``$20,000,000,000''.
PART 5--ELECTRIC TRANSMISSION

de7fdde98046ee642404eab5b30a4af289e0f77e473aa6bc6eb7db97c1ec6e8a

(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $2,000,000,000, to
remain available through September 30, 2030, to carry out this section:
Provided, That the Secretary shall not enter into any loan agreement
pursuant to this section that could result in disbursements after
September 30, 2031.
(b) Use of Funds.--The Secretary shall use the amounts made
available by subsection (a) to carry out a program to pay the costs of
direct loans to non-Federal borrowers, subject to the limitations that
apply to loan guarantees under section 50141(d) and under such terms
and conditions as the Secretary determines to be appropriate, for the
construction or modification of electric transmission facilities
designated by the Secretary to be necessary in the national interest
under section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)).
(c) Loans.--A direct loan provided under this section--
(1) shall have a term that does not exceed the lesser of--
(A) 90 percent of the projected useful life, in years, of
the eligible transmission facility; and
(B) 30 years;
(2) shall not exceed 80 percent of the project costs; and
(3) shall, on first issuance, be subject to the condition that
the direct loan is not subordinate to other financing.
(d) Interest Rates.--A direct loan provided under this section
shall bear interest at a rate determined by the Secretary, taking into
consideration market yields on outstanding marketable obligations of
the United States of comparable maturities as of the date on which the
direct loan is made.
(e) Definition of Direct Loan.--In this section, the term ``direct
loan'' has the meaning given the term in section 502 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a).

bade9148fb9a55c7da5cb53863d524d5a8ed37c1a9eab8a06846a871495f2a9a

TRANSMISSION LINES.
(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $760,000,000, to
remain available through September 30, 2029, for making grants in
accordance with this section and for administrative expenses associated
with carrying out this section.
(b) Use of Funds.--
(1) In general.--The Secretary may make a grant under this
section to a siting authority for, with respect to a covered
transmission project, any of the following activities:
(A) Studies and analyses of the impacts of the covered
transmission project.
(B) Examination of up to 3 alternate siting corridors
within which the covered transmission project feasibly could be
sited.
(C) Participation by the siting authority in regulatory
proceedings or negotiations in another jurisdiction, or under
the auspices of a Transmission Organization (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)) that is
also considering the siting or permitting of the covered
transmission project.
(D) Participation by the siting authority in regulatory
proceedings at the Federal Energy Regulatory Commission or a
State regulatory commission for determining applicable rates
and cost allocation for the covered transmission project.
(E) Other measures and actions that may improve the chances
of, and shorten the time required for, approval by the siting
authority of the application relating to the siting or
permitting of the covered transmission project, as the
Secretary determines appropriate.
(2) Economic development.--The Secretary may make a grant under
this section to a siting authority, or other State, local, or
Tribal governmental entity, for economic development activities for
communities that may be affected by the construction and operation
of a covered transmission project, provided that the Secretary
shall not enter into any grant agreement pursuant to this section
that could result in any outlays after September 30, 2031.
(c) Conditions.--
(1) Final decision on application.--In order to receive a grant
for an activity described in subsection (b)(1), the Secretary shall
require a siting authority to agree, in writing, to reach a final
decision on the application relating to the siting or permitting of
the applicable covered transmission project not later than 2 years
after the date on which such grant is provided, unless the
Secretary authorizes an extension for good cause.
(2) Federal share.--The Federal share of the cost of an
activity described in subparagraph (C) or (D) of subsection (b)(1)
shall not exceed 50 percent.
(3) Economic development.--The Secretary may only disburse
grant funds for economic development activities under subsection
(b)(2)--
(A) to a siting authority upon approval by the siting
authority of the applicable covered transmission project; and
(B) to any other State, local, or Tribal governmental
entity upon commencement of construction of the applicable
covered transmission project in the area under the jurisdiction
of the entity.
(d) Returning Funds.--If a siting authority that receives a grant
for an activity described in subsection (b)(1) fails to use all grant
funds within 2 years of receipt, the siting authority shall return to
the Secretary any such unused funds.
(e) Definitions.--In this section:
(1) Covered transmission project.--The term ``covered
transmission project'' means a high-voltage interstate or offshore
electricity transmission line--
(A) that is proposed to be constructed and to operate--
(i) at a minimum of 275 kilovolts of either
alternating-current or direct-current electric energy by an
entity; or
(ii) offshore and at a minimum of 200 kilovolts of
either alternating-current or direct-current electric
energy by an entity; and
(B) for which such entity has applied, or informed a siting
authority of such entity's intent to apply, for regulatory
approval.
(2) Siting authority.--The term ``siting authority'' means a
State, local, or Tribal governmental entity with authority to make
a final determination regarding the siting, permitting, or
regulatory status of a covered transmission project that is
proposed to be located in an area under the jurisdiction of the
entity.

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PLANNING, MODELING, AND ANALYSIS.
(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $100,000,000, to
remain available through September 30, 2031, to carry out this section.
(b) Use of Funds.--The Secretary shall use amounts made available
under subsection (a)--
(1) to pay expenses associated with convening relevant
stakeholders to address the development of interregional
electricity transmission and transmission of electricity that is
generated by offshore wind; and
(2) to conduct planning, modeling, and analysis regarding
interregional electricity transmission and transmission of
electricity that is generated by offshore wind, taking into account
the local, regional, and national economic, reliability,
resilience, security, public policy, and environmental benefits of
interregional electricity transmission and transmission of
electricity that is generated by offshore wind, including planning,
modeling, and analysis, as the Secretary determines appropriate,
pertaining to--
(A) clean energy integration into the electric grid,
including the identification of renewable energy zones;
(B) the effects of changes in weather due to climate change
on the reliability and resilience of the electric grid;
(C) cost allocation methodologies that facilitate the
expansion of the bulk power system;
(D) the benefits of coordination between generator
interconnection processes and transmission planning processes;
(E) the effect of increased electrification on the electric
grid;
(F) power flow modeling;
(G) the benefits of increased interconnections or interties
between or among the Western Interconnection, the Eastern
Interconnection, the Electric Reliability Council of Texas, and
other interconnections, as applicable;
(H) the cooptimization of transmission and generation,
including variable energy resources, energy storage, and
demand-side management;
(I) the opportunities for use of nontransmission
alternatives, energy storage, and grid-enhancing technologies;
(J) economic development opportunities for communities
arising from development of interregional electricity
transmission and transmission of electricity that is generated
by offshore wind;
(K) evaluation of existing rights-of-way and the need for
additional transmission corridors; and
(L) a planned national transmission grid, which would
include a networked transmission system to optimize the
existing grid for interconnection of offshore wind farms.
PART 6--INDUSTRIAL

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(a) Office of Clean Energy Demonstrations.--In addition to amounts
otherwise available, there is appropriated to the Secretary, acting
through the Office of Clean Energy Demonstrations, for fiscal year
2022, out of any money in the Treasury not otherwise appropriated,
$5,812,000,000, to remain available through September 30, 2026, to
carry out this section.
(b) Financial Assistance.--The Secretary shall use funds
appropriated by subsection (a) to provide financial assistance, on a
competitive basis, to eligible entities to carry out projects for--
(1) the purchase and installation, or implementation, of
advanced industrial technology at an eligible facility;
(2) retrofits, upgrades to, or operational improvements at an
eligible facility to install or implement advanced industrial
technology; or
(3) engineering studies and other work needed to prepare an
eligible facility for activities described in paragraph (1) or (2).
(c) Application.--To be eligible to receive financial assistance
under subsection (b), an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing such
information as the Secretary may require, including the expected
greenhouse gas emissions reductions to be achieved by carrying out the
project.
(d) Priority.--In providing financial assistance under subsection
(b), the Secretary shall give priority consideration to projects on the
basis of, as determined by the Secretary--
(1) the expected greenhouse gas emissions reductions to be
achieved by carrying out the project;
(2) the extent to which the project would provide the greatest
benefit for the greatest number of people within the area in which
the eligible facility is located; and
(3) whether the eligible entity participates or would
participate in a partnership with purchasers of the output of the
eligible facility.
(e) Cost Share.--The Secretary shall require an eligible entity to
provide not less than 50 percent of the cost of a project carried out
pursuant to this section.
(f) Administrative Costs.--The Secretary shall reserve not more
than $300,000,000 of amounts made available under subsection (a) for
administrative costs of carrying out this section.
(g) Definitions.--In this section:
(1) Advanced industrial technology.--The term ``advanced
industrial technology'' means a technology directly involved in an
industrial process, as described in any of paragraphs (1) through
(6) of section 454(c) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17113(c)), and designed to accelerate greenhouse
gas emissions reduction progress to net-zero at an eligible
facility, as determined by the Secretary.
(2) Eligible entity.--The term ``eligible entity'' means the
owner or operator of an eligible facility.
(3) Eligible facility.--The term ``eligible facility'' means a
domestic, non-Federal, nonpower industrial or manufacturing
facility engaged in energy-intensive industrial processes,
including production processes for iron, steel, steel mill
products, aluminum, cement, concrete, glass, pulp, paper,
industrial ceramics, chemicals, and other energy intensive
industrial processes, as determined by the Secretary.
(4) Financial assistance.--The term ``financial assistance''
means a grant, rebate, direct loan, or cooperative agreement.
PART 7--OTHER ENERGY MATTERS

616e12087beb836c585546586555b09a273320ddc34c4b13806711b106555956

In addition to amounts otherwise available, there is appropriated
to the Secretary for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $20,000,000, to remain available through
September 30, 2031, for oversight by the Department of Energy Office of
Inspector General of the Department of Energy activities for which
funding is appropriated in this subtitle.

6f2364a18e4a662c2a0c0d0814b4d301e6e0d1c8db0473e41bc1db963a183505

(a) Office of Science.--In addition to amounts otherwise available,
there is appropriated to the Secretary, acting through the Director of
the Office of Science, for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available through
September 30, 2027--
(1) $133,240,000 to carry out activities for science laboratory
infrastructure projects;
(2) $303,656,000 to carry out activities for high energy
physics construction and major items of equipment projects;
(3) $280,000,000 to carry out activities for fusion energy
science construction and major items of equipment projects;
(4) $217,000,000 to carry out activities for nuclear physics
construction and major items of equipment projects;
(5) $163,791,000 to carry out activities for advanced
scientific computing research facilities;
(6) $294,500,000 to carry out activities for basic energy
sciences projects; and
(7) $157,813,000 to carry out activities for isotope research
and development facilities.
(b) Office of Fossil Energy and Carbon Management.--In addition to
amounts otherwise available, there is appropriated to the Secretary for
fiscal year 2022, out of any money in the Treasury not otherwise
appropriated, $150,000,000, to remain available through September 30,
2027, to carry out activities for infrastructure and general plant
projects carried out by the Office of Fossil Energy and Carbon
Management.
(c) Office of Nuclear Energy.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$150,000,000, to remain available through September 30, 2027, to carry
out activities for infrastructure and general plant projects carried
out by the Office of Nuclear Energy.
(d) Office of Energy Efficiency and Renewable Energy.--In addition
to amounts otherwise available, there is appropriated to the Secretary
for fiscal year 2022, out of any money in the Treasury not otherwise
appropriated, $150,000,000, to remain available through September 30,
2027, to carry out activities for infrastructure and general plant
projects carried out by the Office of Energy Efficiency and Renewable
Energy.

21835785c02544eef7000e0c82da39e82c2dc0a338ec22ec179f6d444465cd4c

(a) Appropriations.--In addition to amounts otherwise available,
there is appropriated to the Secretary of for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to remain
available through September 30, 2026--
(1) $100,000,000 to carry out the program elements described in
subparagraphs (A) through (C) of section 2001(a)(2) of the Energy
Act of 2020 (42 U.S.C. 16281(a)(2));
(2) $500,000,000 to carry out the program elements described in
subparagraphs (D) through (H) of that section; and
(3) $100,000,000 to carry out activities to support the
availability of high-assay low-enriched uranium for civilian
domestic research, development, demonstration, and commercial use
under section 2001 of the Energy Act of 2020 (42 U.S.C. 16281).
(b) Competitive Procedures.--To the maximum extent practicable, the
Department of Energy shall, in a manner consistent with section 989 of
the Energy Policy Act of 2005 (42 U.S.C. 16353), use a competitive,
merit-based review process in carrying out research, development,
demonstration, and deployment activities under section 2001 of the
Energy Act of 2020 (42 U.S.C. 16281).
(c) Administrative Expenses.--The Secretary may use not more than 3
percent of the amounts appropriated by subsection (a) for
administrative purposes.
Subtitle B--Natural Resources
PART 1--GENERAL PROVISIONS

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In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) United states insular areas.--The term ``United States
Insular Areas'' means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico,
and the United States Virgin Islands.
PART 2--PUBLIC LANDS

9bad5a63c708c54aa64e0294f4b3a2cbb178d384cceb436ee3520cfbcce71651

RESILIENCE.
In addition to amounts otherwise available, there is appropriated
to the Secretary for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $250,000,000, to remain available through
September 30, 2031, to carry out projects for the conservation,
protection, and resiliency of lands and resources administered by the
National Park Service and Bureau of Land Management. None of the funds
provided under this section shall be subject to cost-share or matching
requirements.

cb87cf1a6876ff4432036755b0269d6d5e96d5ff60c57b0c0975a707cd390773

RESTORATION.
In addition to amounts otherwise available, there is appropriated
to the Secretary for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $250,000,000, to remain available through
September 30, 2031, to carry out conservation, ecosystem and habitat
restoration projects on lands administered by the National Park Service
and Bureau of Land Management. None of the funds provided under this
section shall be subject to cost-share or matching requirements.

0672827dccac7598fcc4966984f65ba701a0c85f48576d13e5c774d9876a2305

In addition to amounts otherwise available, there is appropriated
to the Secretary for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $500,000,000, to remain available through
September 30, 2030, to hire employees to serve in units of the National
Park System or national historic or national scenic trails administered
by the National Park Service.

4aa3d4024ab18efb0968ec1f40b48e5061ef8a1e6ae4d06ca9cdd1b687cd97be

Inflation Reduction Act of 2022 — HR. 5376

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

TITLE VI

TITLE VII

TITLE VIII

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