H.R.5376 inflation-reduction-act-revised.csv

Item	Page_Lines	Para	Text
1	1.1 - 1.2	TITLE I	COMMITTEE ON FINANCE
2	1.3 - 1.3	TITLE I Subtitle A	Deficit Reduction
3	1.4 - 1.9	TITLE I Subtitle A SEC. 10001.	AMENDMENT OF 1986 CODE. 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.
4	2.1 - 2.1	TITLE I Subtitle A PART 1	CORPORATE TAX REFORM
5	2.2 - 2.2	TITLE I Subtitle A PART 1 SEC. 10101.	CORPORATE ALTERNATIVE MINIMUM TAX.
6	2.3 - 2.3	SEC. 10101.(a)	IMPOSITION OF TAX.
7	2.4 - 2.5	SEC. 10101.(a)(1)	IN GENERAL. Paragraph (2) of section 55(b) is amended to read as follows:
8	2.6 - 2.6	[SEC. 10101.(a)(1)] (2)	CORPORATIONS.
9	2.7 - 2.10	[SEC. 10101.(a)(1)] (2)(A)	APPLICABLE CORPORATIONS. In the case of an applicable corporation, the tentative minimum tax for the taxable year shall be the excess of
10	2.11 - 2.13	[SEC. 10101.(a)(1)] (2)(A)(i)	15 percent of the adjusted financial statement income for the taxable year (as determined under section 56A), over
11	2.14 - 2.15	[SEC. 10101.(a)(1)] (2)(A)(ii)	the corporate AMT foreign tax credit for the taxable year.
12	2.16 - 2.19	[SEC. 10101.(a)(1)] (2)(B)	OTHER CORPORATIONS. In the case of any corporation which is not an applicable corporation, the tentative minimum tax for the taxable year shall be zero.’’.
13	2.20 - 2.22	SEC. 10101.(a)(2)	APPLICABLE CORPORATION. Section 59 is amended by adding at the end the following new subsection:
14	2.23 - 2.24	[SEC. 10101.(a)(2)] (k)	APPLICABLE CORPORATION. For purposes of this part
15	2.25 - 2.25	[SEC. 10101.(a)(2)] (k)(1)	APPLICABLE CORPORATION DEFINED.
16	3.1 - 3.8	[SEC. 10101.(a)(2)] (k)(1)(A)	IN GENERAL. The term ‘applicable corporation’ means, with respect to any taxable year, any corporation (other than an S corporation, a regulated investment company, or a real estate investment trust) which meets the average annual adjusted financial statement income test of subparagraph (B) for one or more taxable years which
17	3.9 - 3.9	[SEC. 10101.(a)(2)] (k)(1)(A)(i)	are prior to such taxable year, and
18	3.10 - 3.10	[SEC. 10101.(a)(2)] (k)(1)(A)(ii)	end after December 31, 2021.
19	3.11 - 3.13	[SEC. 10101.(a)(2)] (k)(1)(B)	AVERAGE ANNUAL ADJUSTED FINANCIAL STATEMENT INCOME TEST. For purposes of this subsection
20	3.14 - 3.21	[SEC. 10101.(a)(2)] (k)(1)(B)(i)	a corporation meets the average annual adjusted financial statement income test for a taxable year if the average annual adjusted financial statement income of such corporation (determined without regard to section 56A(d)) for the 3-taxable-year period ending with such taxable year exceeds $1,000,000,000, and
21	3.22 - 4.2	[SEC. 10101.(a)(2)] (k)(1)(B)(ii)	in the case of a corporation described in paragraph (2), such corporation meets the average annual adjusted financial statement income test for a taxable year if
22	4.3 - 4.6	[SEC. 10101.(a)(2)] (k)(1)(B)(ii)(I)	the corporation meets the requirements of clause (i) for such taxable year (determined after the application of paragraph (2)), and
23	4.7 - 4.14	[SEC. 10101.(a)(2)] (k)(1)(B)(ii)(II)	the average annual adjusted financial statement income of such corporation (determined without regard to the application of paragraph (2) and without regard to section 56A(d)) for the 3-taxable-year-period ending with such taxable year is $100,000,000 or more.
24	4.15 - 4.19	[SEC. 10101.(a)(2)] (k)(1)(C)	EXCEPTION. Notwithstanding subparagraph (A), the term ‘applicable corporation’ shall not include any corporation which otherwise meets the requirements of subparagraph (A) if
25	4.20 - 4.20	[SEC. 10101.(a)(2)] (k)(1)(C)(i)	such corporation
26	4.21 - 4.22	[SEC. 10101.(a)(2)] (k)(1)(C)(i)(I)	has a change in ownership, or
27	4.23 - 5.7	[SEC. 10101.(a)(2)] (k)(1)(C)(i)(II)	has a specified number (to be determined by the Secretary and which shall, as appropriate, take into account the facts and circumstances of the taxpayer) of consecutive taxable years, including the most recent taxable year, in which the corporation does not meet the average annual adjusted financial statement income test of subparagraph (B), and
28	5.8 - 5.19	[SEC. 10101.(a)(2)] (k)(1)(C)(ii)	the Secretary determines that it would not be appropriate to continue to treat such corporation as an applicable corporation. The preceding sentence shall not apply to any corporation if, after the Secretary makes the determination described in clause (ii), such corporation meets the average annual adjusted financial statement income test of subparagraph (B)  for any taxable year beginning after the first taxable year for which such determination applies.
30	5.20 - 5.21	[SEC. 10101.(a)(2)] (k)(1)(D)	SPECIAL RULES FOR DETERMINING APPLICABLE CORPORATION STATUS.
31	5.22 - 6.10	[SEC. 10101.(a)(2)] (k)(1)(D)(i)	IN GENERAL. 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 (determined with the modifications described in clause (ii)) 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).
32	6.11 - 6.12	[SEC. 10101.(a)(2)] (k)(1)(D)(ii)	MODIFICATIONS. For purposes of this subparagraph
33	6.13 - 6.15	[SEC. 10101.(a)(2)] (k)(1)(D)(ii)(I)	section 52(a) shall be applied by substituting ‘component members’ for ‘members’, and
34	6.16 - 6.23	[SEC. 10101.(a)(2)] (k)(1)(D)(ii)(II)	for purposes of applying section 52(b), the term ‘trade or business’ shall include any activity treated as a trade or business under paragraph (5) or (6) of section 469(c) (determined without regard to the phrase ‘To the extent provided in regulations’ in such paragraph (6)).
35	6.24 - 7.4	[SEC. 10101.(a)(2)] (k)(1)(D)(iii)	COMPONENT MEMBER. For purposes of this subparagraph, the term ‘component member’ has the meaning given such term by section 1563(b), except that the determination shall be made without regard to section 1563(b)(2).
36	7.5 - 7.5	[SEC. 10101.(a)(2)] (k)(1)(E)	OTHER SPECIAL RULES.
37	7.6 - 7.11	[SEC. 10101.(a)(2)] (k)(1)(E)(i)	CORPORATIONS IN EXISTENCE FOR LESS THAN 3 YEARS. If the corporation was in existence for less than 3-taxable years, subparagraph (B) shall be applied on the basis of the period during which such corporation was in existence.
38	7.12 - 7.18	[SEC. 10101.(a)(2)] (k)(1)(E)(ii)	SHORT TAXABLE YEARS. Adjusted financial statement income for any taxable year of less than 12 months shall be annualized by multiplying the adjusted financial statement income for the short period by 12 and dividing the result by the number of months in the short period.
39	7.19 - 7.23	[SEC. 10101.(a)(2)] (k)(1)(E)(iii)	TREATMENT OF PREDECESSORS. Any reference in this subparagraph to a corporation shall include a reference to any predecessor of such corporation.
40	7.24 - 7.25	[SEC. 10101.(a)(2)] (k)(2)	SPECIAL RULE FOR FOREIGN-PARENTED MULTINATIONAL GROUPS.
41	8.1 - 8.14	[SEC. 10101.(a)(2)] (k)(2)(A)	IN GENERAL. If a corporation is a member of a foreign-parented multinational group for any taxable year, then, solely for purposes of determining whether such corporation meets the average annual adjusted financial statement income test under paragraph (1)(B)(ii)(I) for such taxable year, the adjusted financial statement income of such corporation for such taxable year shall include the adjusted financial statement income of all members of such group. Solely for purposes of this subparagraph, adjusted financial statement income shall be determined without regard to paragraphs (2)(D)(i), (3), (4), and (11) of section 56A(c).
44	8.15 - 8.19	[SEC. 10101.(a)(2)] (k)(2)(B)	FOREIGN-PARENTED MULTINATIONAL GROUP. For purposes of subparagraph (A), the term ‘foreign-parented multinational group’ means, with respect to any taxable year, two or more entities if
45	8.20 - 8.22	[SEC. 10101.(a)(2)] (k)(2)(B)(i)	at least one entity is a domestic corporation and another entity is a foreign corporation,
46	8.23 - 8.25	[SEC. 10101.(a)(2)] (k)(2)(B)(ii)	such entities are included in the same applicable financial statement with respect to such year, and
47	9.1 - 9.1	[SEC. 10101.(a)(2)] (k)(2)(B)(iii)	either
48	9.2 - 9.3	[SEC. 10101.(a)(2)] (k)(2)(B)(iii)(I)	the common parent of such entities is a foreign corporation, or
49	9.4 - 9.7	[SEC. 10101.(a)(2)] (k)(2)(B)(iii)(II)	if there is no common parent, the entities are treated as having a common parent which is a foreign corporation under subparagraph (D).
50	9.8 - 9.15	[SEC. 10101.(a)(2)] (k)(2)(C)	FOREIGN CORPORATIONS ENGAGED IN A TRADE OR BUSINESS WITHIN THE UNITED STATES. For purposes of this paragraph, if a foreign corporation is engaged in a trade or business within the United States, such trade or business shall be treated as a separate domestic corporation that is wholly owned by the foreign corporation.
51	9.16 - 9.19	[SEC. 10101.(a)(2)] (k)(2)(D)	OTHER RULES. The Secretary shall, applying the principles of this section, prescribe rules for the application of this paragraph, including rules for the determination of
52	9.20 - 9.23	[SEC. 10101.(a)(2)] (k)(2)(D)(i)	the entities (if any) which are to be to be treated under subparagraph (B)(iii)(II) as having a common parent which is a foreign corporation,
54	9.24 - 9.25	[SEC. 10101.(a)(2)] (k)(2)(D)(ii)	the entities to be included in a foreign-parented multinational group, and
55	10.1 - 10.2	[SEC. 10101.(a)(2)] (k)(2)(D)(iii)	the common parent of a foreignparented multinational group.
56	10.3 - 10.6	[SEC. 10101.(a)(2)] (k)(3)	REGULATIONS OR OTHER GUIDANCE. The Secretary shall provide regulations or other guidance for the purposes of carrying out this subsection, including regulations or other guidance
57	10.7 - 10.12	[SEC. 10101.(a)(2)] (k)(3)(A)	providing a simplified method for determining whether a corporation meets the requirements of paragraph (1), and ‘‘’(B) addressing the application of this subsection to a corporation that experiences a change in ownership.’’.
58	10.13 - 10.17	SEC. 10101.(a)(3)	REDUCTION FOR BASE EROSION AND ANTIABUSE TAX. Section 55(a)(2) is amended by inserting ‘‘plus, in the case of an applicable corporation, the tax imposed by section 59A’’ before the period at the end.
59	10.18 - 10.18	SEC. 10101.(a)(4)	CONFORMING AMENDMENTS.
60	10.19 - 10.21	SEC. 10101.(a)(4)(A)	Section 55(a) is amended by striking ‘‘In the case of a taxpayer other than a corporation, there’’ and inserting ‘‘There’’.
61	10.22 - 10.22	SEC. 10101.(a)(4)(B)(i)	Section 55(b)(1) is amended
62	10.23 - 10.25	SEC. 10101.(a)(4)(B)(i)(I)	by striking so much as precedes subparagraph (A) and inserting the following:
63	11.1 - 11.2	[SEC. 10101.(a)(4)(B)(i)(I)] (1)	NONCORPORATE TAXPAYERS. In the case of a taxpayer other than a corporation ’’, and
64	11.3 - 11.4	SEC. 10101.(a)(4)(B)(i)(II)	by adding at the end the following new subparagraph:
65	11.5 - 11.8	[SEC. 10101.(a)(4)(B)(i)(II)] (D)	ALTERNATIVE MINIMUM TAXABLE INCOME. The term ‘alternative minimum taxable income’ means the taxable income of the taxpayer for the taxable year
66	11.9 - 11.10	[SEC. 10101.(a)(4)(B)(i)(II)] (D)(i)	determined with the adjustments provided in section 56 and section 58, and
67	11.11 - 11.20	[SEC. 10101.(a)(4)(B)(i)(II)] (D)(ii)	increased by the amount of the items of tax preference described in section 57. If a taxpayer is subject to the regular tax, such taxpayer shall be subject to the tax imposed by this section (and, if the regular tax is determined by reference to an amount other than taxable income, such amount shall be treated as the taxable income of such taxpayer for purposes of the preceding sentence).’’.
68	11.21 - 11.22	SEC. 10101.(a)(4)(B)(ii)	Section 860E(a)(4) is amended by striking ‘‘55(b)(2)’’ and inserting ‘‘55(b)(1)(D)’’.
69	11.23 - 11.24	SEC. 10101.(a)(4)(B)(iii)	Section 897(a)(2)(A)(i) is amended by striking ‘‘55(b)(2)’’ and inserting ‘‘55(b)(1)(D)’’.
70	12.1 - 12.4	SEC. 10101.(a)(4)(C)	Section 11(d) is amended by striking ‘‘the tax imposed by subsection (a)’’ and inserting ‘‘the taxes imposed by subsection (a) and section 55’’.
71	12.5 - 12.6	SEC. 10101.(a)(4)(D)	Section 12 is amended by adding at the end the following new paragraph:
72	12.7 - 12.8	[SEC. 10101.(a)(4)(D)] (5)	For alternative minimum tax, see section 55.’’.
73	12.9 - 12.10	SEC. 10101.(a)(4)(E)	Section 882(a)(1) is amended by inserting ‘‘, 55,’’ after ‘‘section 11’’.
74	12.11 - 12.12	SEC. 10101.(a)(4)(F)	Section 6425(c)(1)(A) is amended to read as follows:
75	12.13 - 12.13	[SEC. 10101.(a)(4)(F)] (A)	the sum of
76	12.14 - 12.16	[SEC. 10101.(a)(4)(F)] (A)(i)	the tax imposed by section 11 or subchapter L of chapter 1, whichever is applicable, plus
77	12.17 - 12.18	[SEC. 10101.(a)(4)(F)] (A)(ii)	the tax imposed by section 55, plus
78	12.19 - 12.20	[SEC. 10101.(a)(4)(F)] (A)(iii)	the tax imposed by section 59A, over’’.
79	12.21 - 12.25	SEC. 10101.(a)(4)(G)	Section 6655(e)(2) is amended by inserting ‘‘, adjusted financial statement income (as defined in section 56A),’’ before ‘‘and modified taxable income’’ each place it appears in subparagraphs (A)(i) and (B)(i).
80	13.1 - 13.4	SEC. 10101.(a)(4)(H)	Section 6655(g)(1)(A) is amended by redesignating clauses (ii) and (iii) as clauses (iii)  and (iv), respectively, and by inserting after clause (i) the following new clause:
82	13.5 - 13.5	[SEC. 10101.(a)(4)(H)] (ii)	the tax imposed by section 55,’’.
83	13.6 - 13.6	SEC. 10101.(b)	ADJUSTED FINANCIAL STATEMENT INCOME.
84	13.7 - 13.9	SEC. 10101.(b)(1)	IN GENERAL. Part VI of subchapter A of chapter 1 is amended by inserting after section 56 the following new section:
85	13.10 - 13.10	[SEC. 10101.(b)(1)] SEC. 56A.	ADJUSTED FINANCIAL STATEMENT INCOME.
86	13.11 - 13.16	[SEC. 10101.(b)(1)] SEC. 56A.(a)	IN GENERAL. For purposes of this part, the term ‘adjusted financial statement income’ means, with respect to any corporation for any taxable year, the net income or loss of the taxpayer set forth on the taxpayer’s applicable financial statement for such taxable year, adjusted as provided in this section.
87	13.17 - 13.22	[SEC. 10101.(b)(1)] SEC. 56A.(b)	APPLICABLE FINANCIAL STATEMENT. For purposes of this section, the term ‘applicable financial statement’ means, with respect to any taxable year, an applicable financial statement (as defined in section 451(b)(3) or as specified by the Secretary in regulations or other guidance) which covers such taxable year.
88	13.23 - 13.23	[SEC. 10101.(b)(1)] SEC. 56A.(c)	GENERAL ADJUSTMENTS.
89	13.24 - 14.3	[SEC. 10101.(b)(1)] SEC. 56A.(c)(1)	STATEMENTS COVERING DIFFERENT TAXABLE YEARS. Appropriate adjustments shall be made in adjusted financial statement income in any case in which an applicable financial statement covers a period other than the taxable year.
90	14.4 - 14.4	[SEC. 10101.(b)(1)] SEC. 56A.(c)(2)	SPECIAL RULES FOR RELATED ENTITIES.
91	14.5 - 14.9	[SEC. 10101.(b)(1)] SEC. 56A.(c)(2)(A)	CONSOLIDATED FINANCIAL STATEMENTS. If the financial results of a taxpayer are reported on the applicable financial statement for a group of entities, rules similar to the rules of section 451(b)(5) shall apply.
92	14.10 - 14.18	[SEC. 10101.(b)(1)] SEC. 56A.(c)(2)(B)	CONSOLIDATED RETURNS. Except as provided in regulations prescribed by the Secretary, if the taxpayer is part of an affiliated group of corporations filing a consolidated return for any taxable year, adjusted financial statement income for such group for such taxable year shall take into account items on the group’s applicable financial statement which are properly allocable to members of such group.
93	14.19 - 15.8	[SEC. 10101.(b)(1)] SEC. 56A.(c)(2)(C)	TREATMENT OF DIVIDENDS AND OTHER AMOUNTS. In the case of any corporation which is not included on a consolidated return with the taxpayer, adjusted financial statement income of the taxpayer with respect to such other corporation shall be determined by only taking into account the dividends received from such other corporation (reduced to the extent provided by the Secretary in regulations or other guidance) and other amounts which are includible in gross income or deductible as a loss under this chapter (other than amounts required to be included under sections 951 and 951A or such other amounts as provided by the Secretary) with respect to such other corporation.
94	15.9 - 15.9	[SEC. 10101.(b)(1)] SEC. 56A.(c)(2)(D)	TREATMENT OF PARTNERSHIPS.
95	15.10 - 15.17	[SEC. 10101.(b)(1)] SEC. 56A.(c)(2)(D)(i)	IN GENERAL. Except as provided by the Secretary, if the taxpayer is a partner in a partnership, adjusted financial statement income of the taxpayer with respect to such partnership shall be adjusted to only take into account the taxpayer’s distributive share of adjusted financial statement income of such partnership.
96	15.18 - 15.25	[SEC. 10101.(b)(1)] SEC. 56A.(c)(2)(D)(ii)	ADJUSTED FINANCIAL STATEMENT INCOME OF PARTNERSHIPS. For the purposes of this part, the adjusted financial statement income of a partnership shall be the partnership’s net income or loss set forth on such partnership’s applicable financial statement (adjusted under rules similar to the rules of this section).
97	16.1 - 16.2	[SEC. 10101.(b)(1)] SEC. 56A.(c)(3)	ADJUSTMENTS TO TAKE INTO ACCOUNT CERTAIN ITEMS OF FOREIGN INCOME.
98	16.3 - 16.19	[SEC. 10101.(b)(1)] SEC. 56A.(c)(3)(A)	IN GENERAL. If, for any taxable year, a taxpayer is a United States shareholder of one or more controlled foreign corporations, the adjusted financial statement income of such taxpayer with respect to such controlled foreign corporation (as determined under paragraph (2)(C)) shall be adjusted to also take into account such taxpayer’s pro rata share (determined under rules similar to the rules under section 951(a)(2)) of items taken into account in computing the net income or loss set forth on the applicable financial statement (as adjusted under rules similar to those that apply in determining adjusted financial statement income) of each such controlled foreign corporation with respect to which such taxpayer is a United States shareholder.
100	16.20 - 16.23	[SEC. 10101.(b)(1)] SEC. 56A.(c)(3)(B)	NEGATIVE ADJUSTMENTS. In any case in which the adjustment determined under subparagraph (A) would result in a negative adjustment for such taxable year
101	17.1 - 17.3	[SEC. 10101.(b)(1)] SEC. 56A.(c)(3)(B)(i)	no adjustment shall be made under this paragraph for such taxable year, and
102	17.4 - 17.9	[SEC. 10101.(b)(1)] SEC. 56A.(c)(3)(B)(ii)	the amount of the adjustment determined under this paragraph for the succeeding taxable year (determined without regard to this paragraph) shall be reduced by an amount equal to the negative adjustment for such taxable year.
103	17.10 - 17.13	[SEC. 10101.(b)(1)] SEC. 56A.(c)(4)	EFFECTIVELY CONNECTED INCOME. In the case of a foreign corporation, to determine adjusted financial statement income, the principles of section 882 shall apply.
104	17.14 - 18.9	[SEC. 10101.(b)(1)] SEC. 56A.(c)(5)	ADJUSTMENTS FOR CERTAIN TAXES. Adjusted financial statement income shall be appropriately adjusted to disregard any Federal income taxes, or income, war profits, or excess profits taxes (within the meaning of section 901) with respect to a foreign country or possession of the United States, which are taken into account on the taxpayer’s applicable financial statement. To the extent provided by the Secretary, the preceding sentence shall not apply to income, war profits, or excess profits taxes (within the meaning of section 901) that are imposed by a foreign country or possession of the United States and taken into account on the taxpayer’s applicable financial statement if the taxpayer does not choose to have the benefits of subpart A of part III of subchapter N for the taxable year. The Secretary shall prescribe such regulations or other guidance as may be necessary and appropriate to provide for the proper treatment of current and deferred taxes for purposes of this paragraph, including the time at which such taxes are properly taken into account.
105	18.10 - 18.14	[SEC. 10101.(b)(1)] SEC. 56A.(c)(6)	ADJUSTMENT WITH RESPECT TO DISREGARDED ENTITIES. Adjusted financial statement income shall be adjusted to take into account any adjusted financial statement income of a disregarded entity owned by the taxpayer.
106	18.15 - 18.23	[SEC. 10101.(b)(1)] SEC. 56A.(c)(7)	SPECIAL RULE FOR COOPERATIVES. In the case of a cooperative to which section 1381 applies, the adjusted financial statement income (determined without regard to this paragraph) shall be reduced by the amounts referred to in section 1382(b) (relating to patronage dividends and per-unit retain allocations) to the extent such amounts were not otherwise taken into account in determining adjusted financial statement income.
107	19.1 - 19.3	[SEC. 10101.(b)(1)] SEC. 56A.(c)(8)	RULES FOR ALASKA NATIVE CORPORATIONS. Adjusted financial statement income shall be appropriately adjusted to allow
108	19.4 - 19.7	[SEC. 10101.(b)(1)] SEC. 56A.(c)(8)(A)	cost recovery and depletion attributable to property the basis of which is determined under section 21(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), and
109	19.8 - 19.12	[SEC. 10101.(b)(1)] SEC. 56A.(c)(8)(B)	deductions for amounts payable made pursuant to section 7(i) or section 7(j) of such Act (43 U.S.C. 1606(i) and 1606(j)) only at such time as the deductions are allowed for tax purposes.
110	19.13 - 19.20	[SEC. 10101.(b)(1)] SEC. 56A.(c)(9)	AMOUNTS ATTRIBUTABLE TO ELECTIONS FOR DIRECT PAYMENT OF CERTAIN CREDITS. Adjusted financial statement income shall be appropriately adjusted to disregard any amount treated as a payment against the tax imposed by subtitle A pursuant to an election under section 48D(d) or 6417, to the extent such amount was not otherwise taken into account under paragraph (5).
111	19.21 - 19.23	[SEC. 10101.(b)(1)] SEC. 56A.(c)(10)	CONSISTENT TREATMENT OF MORTGAGE SERVICING INCOME OF TAXPAYER OTHER THAN A REGULATED INVESTMENT COMPANY.
112	19.24 - 20.4	[SEC. 10101.(b)(1)] SEC. 56A.(c)(10)(A)	IN GENERAL. Adjusted financial statement income shall be adjusted so as not to include any item of income in connection with a mortgage servicing contract any earlier than when such income is included in gross income under any other provision of this chapter.
113	20.5 - 20.11	[SEC. 10101.(b)(1)] SEC. 56A.(c)(10)(B)	RULES FOR AMOUNTS NOT REPRESENTING REASONABLE COMPENSATION. The Secretary shall provide regulations to prevent the avoidance of taxes imposed by this chapter with respect to amounts not representing reasonable compensation (as determined by the Secretary) with respect to a mortgage servicing contract.
114	20.12 - 20.13	[SEC. 10101.(b)(1)] SEC. 56A.(c)(11)	ADJUSTMENT WITH RESPECT TO DEFINED BENEFIT PENSIONS.
115	20.14 - 20.17	[SEC. 10101.(b)(1)] SEC. 56A.(c)(11)(A)	IN GENERAL. Except as otherwise provided in rules prescribed by the Secretary in regulations or other guidance, adjusted financial statement income shall be
116	20.18 - 20.22	[SEC. 10101.(b)(1)] SEC. 56A.(c)(11)(A)(i)	adjusted to disregard any amount of income, cost, or expense that would otherwise be included on the applicable financial statement in connection with any covered benefit plan,
117	20.23 - 21.2	[SEC. 10101.(b)(1)] SEC. 56A.(c)(11)(A)(ii)	increased by any amount of income in connection with any such covered benefit plan that is included in the gross income of the corporation under any other provision of this chapter, and
118	21.3 - 21.6	[SEC. 10101.(b)(1)] SEC. 56A.(c)(11)(A)(iii)	reduced by deductions allowed under any other provision of this chapter with respect to any such covered benefit plan.
119	21.7 - 21.9	[SEC. 10101.(b)(1)] SEC. 56A.(c)(11)(B)	COVERED BENEFIT PLAN. For purposes of this paragraph, the term ‘covered benefit plan’ means
120	21.10 - 21.15	[SEC. 10101.(b)(1)] SEC. 56A.(c)(11)(B)(i)	a defined benefit plan (other than a multiemployer plan described in section 414(f)) if the trust which is part of such plan is an employees’ trust described in section 401(a) which is exempt from tax under section 501(a),
121	21.16 - 21.17	[SEC. 10101.(b)(1)] SEC. 56A.(c)(11)(B)(ii)	any qualified foreign plan (as defined in section 404A(e)), or
122	21.18 - 21.20	[SEC. 10101.(b)(1)] SEC. 56A.(c)(11)(B)(iii)	any other defined benefit plan which provides post-employment benefits other than pension benefits.
123	21.21 - 21.25	[SEC. 10101.(b)(1)] SEC. 56A.(c)(12)	TAX-EXEMPT ENTITIES. In the case of an organization subject to tax under section 511, adjusted financial statement income shall be appropriately adjusted to only take into account any adjusted financial statement income
124	22.1 - 22.2	[SEC. 10101.(b)(1)] SEC. 56A.(c)(12)(A)	of an unrelated trade or business (as defined in section 513) of such organization, or
125	22.3 - 22.6	[SEC. 10101.(b)(1)] SEC. 56A.(c)(12)(B)	derived from debt-financed property (as defined in section 514) to the extent that income from such property is treated as unrelated business taxable income.
126	22.7 - 22.8	[SEC. 10101.(b)(1)] SEC. 56A.(c)(13)	DEPRECIATION. Adjusted financial statement income shall be
127	22.9 - 22.13	[SEC. 10101.(b)(1)] SEC. 56A.(c)(13)(A)	reduced by depreciation deductions allowed under section 167 with respect to property to which section 168 applies to the extent of the amount allowed as deductions in computing taxable income for the taxable year, and
128	22.14 - 22.14	[SEC. 10101.(b)(1)] SEC. 56A.(c)(13)(B)	appropriately adjusted
129	22.15 - 22.18	[SEC. 10101.(b)(1)] SEC. 56A.(c)(13)(B)(i)	to disregard any amount of depreciation expense that is taken into account on the taxpayer’s applicable financial statement with respect to such property, and
130	22.19 - 22.23	[SEC. 10101.(b)(1)] SEC. 56A.(c)(13)(B)(ii)	to take into account any other item specified by the Secretary in order to provide that such property is accounted for in the same manner as it is accounted for under this chapter.
131	22.24 - 22.24	[SEC. 10101.(b)(1)] SEC. 56A.(c)(14)	QUALIFIED WIRELESS SPECTRUM.
132	23.1 - 23.2	[SEC. 10101.(b)(1)] SEC. 56A.(c)(14)(A)	IN GENERAL. Adjusted financial statement income shall be
133	23.3 - 23.8	[SEC. 10101.(b)(1)] SEC. 56A.(c)(14)(A)(i)	reduced by amortization deductions allowed under section 197 with respect to qualified wireless spectrum to the extent of the amount allowed as deductions in computing taxable income for the taxable year, and
134	23.9 - 23.9	[SEC. 10101.(b)(1)] SEC. 56A.(c)(14)(A)(ii)	appropriately adjusted
135	23.10 - 23.14	[SEC. 10101.(b)(1)] SEC. 56A.(c)(14)(A)(ii)(I)	to disregard any amount of amortization expense that is taken into account on the taxpayer’s applicable financial statement with respect to such qualified wireless spectrum, and
136	23.15 - 23.20	[SEC. 10101.(b)(1)] SEC. 56A.(c)(14)(A)(ii)(II)	to take into account any other item specified by the Secretary in order to provide that such qualified wireless spectrum is accounted for in the same manner as it is accounted for under this chapter.
137	23.21 - 23.24	[SEC. 10101.(b)(1)] SEC. 56A.(c)(14)(B)	QUALIFIED WIRELESS SPECTRUM. For purposes of this paragraph, the term ‘qualified wireless spectrum’ means wireless spectrum which
138	24.1 - 24.2	[SEC. 10101.(b)(1)] SEC. 56A.(c)(14)(B)(i)	is used in the trade or business of a wireless telecommunications carrier, and
139	24.3 - 24.5	[SEC. 10101.(b)(1)] SEC. 56A.(c)(14)(B)(ii)	was acquired after December 31, 2007, and before the date of enactment of this section.
140	24.6 - 24.11	[SEC. 10101.(b)(1)] SEC. 56A.(c)(15)	SECRETARIAL AUTHORITY TO ADJUST ITEMS. The Secretary shall issue regulations or other guidance to provide for such adjustments to adjusted financial statement income as the Secretary determines necessary to carry out the purposes of this section, including adjustments
141	24.12 - 24.13	[SEC. 10101.(b)(1)] SEC. 56A.(c)(15)(A)	to prevent the omission or duplication of any item, and
142	24.14 - 24.20	[SEC. 10101.(b)(1)] SEC. 56A.(c)(15)(B)	to carry out the principles of part II of subchapter C of this chapter (relating to corporate liquidations), part III of subchapter C of this chapter (relating to corporate organizations and reorganizations), and part II of subchapter K of this chapter (relating to partnership contributions and distributions).
143	24.21 - 24.22	[SEC. 10101.(b)(1)] SEC. 56A.(d)	DEDUCTION FOR FINANCIAL STATEMENT NET OPERATING LOSS.
144	24.23 - 25.2	[SEC. 10101.(b)(1)] SEC. 56A.(d)(1)	IN GENERAL. Adjusted financial statement income (determined after application of subsection (c) and without regard to this subsection) shall be reduced by an amount equal to the lesser of
145	25.3 - 25.5	[SEC. 10101.(b)(1)] SEC. 56A.(d)(1)(A)	the aggregate amount of financial statement net operating loss carryovers to the taxable year, or
146	25.6 - 25.8	[SEC. 10101.(b)(1)] SEC. 56A.(d)(1)(B)	80 percent of adjusted financial statement income computed without regard to the deduction allowable under this subsection.
147	25.9 - 25.16	[SEC. 10101.(b)(1)] SEC. 56A.(d)(2)	FINANCIAL STATEMENT NET OPERATING LOSS CARRYOVER. A financial statement net operating loss for any taxable year shall be a financial statement net operating loss carryover to each taxable year following the taxable year of the loss. The portion of such loss which shall be carried to subsequent taxable years shall be the amount of such loss remaining (if any) after the application of paragraph (1).
148	25.17 - 25.24	[SEC. 10101.(b)(1)] SEC. 56A.(d)(3)	FINANCIAL STATEMENT NET OPERATING LOSS DEFINED. For purposes of this subsection, the term ‘financial statement net operating loss’ means the amount of the net loss (if any) set forth on the corporation’s applicable financial statement (determined after application of subsection (c) and without regard to this subsection) for taxable years ending after December 31, 2019.
149	26.1 - 26.6	[SEC. 10101.(b)(1)] SEC. 56A.(e)	REGULATIONS AND OTHER GUIDANCE. The Secretary shall provide for such regulations and other guidance as necessary to carry out the purposes of this section, including regulations and other guidance relating to the effect of the rules of this section on partnerships with income taken into account by an applicable corporation.’’.
150	26.7 - 26.10	SEC. 10101.(b)(2)	CLERICAL AMENDMENT. The table of sections for part VI of subchapter A of chapter 1 is amended by inserting after the item relating to section 56 the following new item:
151	26.11 - 26.13	SEC. 10101.(c)	CORPORATE AMT FOREIGN TAX CREDIT. Section 59, as amended by this section, is amended by adding at the end the following new subsection:
152	26.14 - 26.14	[SEC. 10101.(c)] (l)	CORPORATE AMT FOREIGN TAX CREDIT.
153	26.15 - 26.20	[SEC. 10101.(c)] (l)(1)	IN GENERAL. For purposes of this part, if an applicable corporation chooses to have the benefits of subpart A of part III of subchapter N for any taxable year, the corporate AMT foreign tax credit for the taxable year of the applicable corporation is an amount equal to sum of
154	26.21 - 26.21	[SEC. 10101.(c)] (l)(1)(A)	the lesser of
155	26.22 - 27.3	[SEC. 10101.(c)] (l)(1)(A)(i)	the aggregate of the applicable corporation’s pro rata share (as determined under section 56A(c)(3)) of the amount of income, war profits, and excess profits taxes (within the meaning of section 901) imposed by any foreign country or possession of the United States which are
156	27.4 - 27.9	[SEC. 10101.(c)] (l)(1)(A)(i)(I)	taken into account on the applicable financial statement of each controlled foreign corporation with respect to which the applicable corporation is a United States shareholder, and
157	27.10 - 27.12	[SEC. 10101.(c)] (l)(1)(A)(i)(II)	paid or accrued (for Federal income tax purposes) by each such controlled foreign corporation, or
158	27.13 - 27.16	[SEC. 10101.(c)] (l)(1)(A)(ii)	the product of the amount of the adjustment under section 56A(c)(3) and the percentage specified in section 55(b)(2)(A)(i), and
159	27.17 - 27.22	[SEC. 10101.(c)] (l)(1)(B)	in the case of an applicable corporation that is a domestic corporation, the amount of income, war profits, and excess profits taxes (within the meaning of section 901) imposed by any foreign country or possession of the United States to the extent such taxes are
160	27.23 - 27.25	[SEC. 10101.(c)] (l)(1)(B)(i)	taken into account on the applicable corporation’s applicable financial statement, and
161	28.1 - 28.3	[SEC. 10101.(c)] (l)(1)(B)(ii)	paid or accrued (for Federal income tax purposes) by the applicable corporation.
162	28.4 - 28.12	[SEC. 10101.(c)] (l)(2)	CARRYOVER OF EXCESS TAX PAID. For any taxable year for which an applicable corporation chooses to have the benefits of subpart A of part III of subchapter N, the excess of the amount described in paragraph (1)(A)(i) over the amount described in paragraph (1)(A)(ii) shall increase the amount described in paragraph (1)(A)(i) in any of the first 5 succeeding taxable years to the extent not taken into account in a prior taxable year.
163	28.13 - 28.16	[SEC. 10101.(c)] (l)(3)	REGULATIONS OR OTHER GUIDANCE. The Secretary shall provide for such regulations or other guidance as is necessary to carry out the purposes of this subsection.’’.
164	28.17 - 28.18	SEC. 10101.(d)	TREATMENT OF GENERAL BUSINESS CREDIT. Section 38(c)(6)(E) is amended to read as follows:
166	28.19 - 28.20	[SEC. 10101.(d)] (E)	CORPORATIONS. In the case of a corporation
167	28.21 - 28.25	[SEC. 10101.(d)] (E)(i)	the first sentence of paragraph (1) shall be applied by substituting ‘25 percent of the taxpayer’s net income tax as exceeds $25,000’ for ‘the greater of’ and all that follows,
168	29.1 - 29.2	[SEC. 10101.(d)] (E)(ii)	paragraph (2)(A) shall be applied without regard to clause (ii)(I) thereof, and
169	29.3 - 29.5	[SEC. 10101.(d)] (E)(iii)	paragraph (4)(A) shall be applied without regard to clause (ii)(I) thereof.’’.
170	29.6 - 29.7	SEC. 10101.(e)	CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY.
171	29.8 - 29.9	SEC. 10101.(e)(1)	IN GENERAL. Section 53(e) is amended to read as follows:
172	29.10 - 29.11	[SEC. 10101.(e)(1)] (e)	APPLICATION TO APPLICABLE CORPORATIONS. In the case of a corporation
173	29.12 - 29.16	[SEC. 10101.(e)(1)] (e)(1)	subsection (b)(1) shall be applied by substituting ‘the net minimum tax for all prior taxable years beginning after 2022’ for ‘the adjusted net minimum tax imposed for all prior taxable years beginning after 1986’, and
174	29.17 - 29.19	[SEC. 10101.(e)(1)] (e)(2)	the amount determined under subsection (c)(1) shall be increased by the amount of tax imposed under section 59A for the taxable year.’’.
176	29.20 - 29.21	SEC. 10101.(e)(2)	CONFORMING AMENDMENTS. Section 53(d) is amended
177	29.22 - 29.24	SEC. 10101.(e)(2)(A)	in paragraph (2), by striking ‘‘, except that in the case’’ and all that follows through ‘‘treated as zero’’, and
178	29.25 - 29.25	SEC. 10101.(e)(2)(B)	by striking paragraph (3).
179	30.1 - 30.3	SEC. 10101.(f)	EFFECTIVE DATE. The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
180	30.4 - 30.5	TITLE I Subtitle A PART 2	EXCISE TAX ON REPURCHASE OF CORPORATE STOCK
181	30.6 - 30.7	TITLE I Subtitle A PART 2 SEC. 10201.	EXCISE TAX ON REPURCHASE OF CORPORATE STOCK.
182	30.8 - 30.9	SEC. 10201.(a)	IN GENERAL. Subtitle D is amended by inserting after chapter 36 the following new chapter:
183	30.10 - 30.11	[SEC. 10201.(a)] CHAPTER 37	REPURCHASE OF CORPORATE STOCK
184	30.12 - 30.12	[SEC. 10201.(a)] CHAPTER 37 SEC. 4501.	REPURCHASE OF CORPORATE STOCK.
185	30.13 - 30.16	[SEC. 10201.(a)] SEC. 4501.(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.
186	30.17 - 30.21	[SEC. 10201.(a)] SEC. 4501.(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)).
187	30.22 - 30.22	[SEC. 10201.(a)] SEC. 4501.(c)	REPURCHASE. For purposes of this section
188	30.23 - 30.24	[SEC. 10201.(a)] SEC. 4501.(c)(1)	IN GENERAL. The term ‘repurchase’ means
189	31.1 - 31.3	[SEC. 10201.(a)] SEC. 4501.(c)(1)(A)	a redemption within the meaning of section 317(b) with regard to the stock of a covered corporation, and
190	31.4 - 31.6	[SEC. 10201.(a)] SEC. 4501.(c)(1)(B)	any transaction determined by the Secretary to be economically similar to a transaction described in subparagraph (A).
191	31.7 - 31.8	[SEC. 10201.(a)] SEC. 4501.(c)(2)	TREATMENT OF PURCHASES BY SPECIFIED AFFILIATES.
192	31.9 - 31.15	[SEC. 10201.(a)] SEC. 4501.(c)(2)(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.
193	31.16 - 31.18	[SEC. 10201.(a)] SEC. 4501.(c)(2)(B)	SPECIFIED AFFILIATE. For purposes of this section, the term ‘specified affiliate’ means, with respect to any corporation
194	31.19 - 31.22	[SEC. 10201.(a)] SEC. 4501.(c)(2)(B)(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
195	31.23 - 32.2	[SEC. 10201.(a)] SEC. 4501.(c)(2)(B)(ii)	any partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation.
196	32.3 - 32.13	[SEC. 10201.(a)] SEC. 4501.(c)(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.
197	32.14 - 32.15	[SEC. 10201.(a)] SEC. 4501.(d)	SPECIAL RULES FOR ACQUISITION OF STOCK OF CERTAIN FOREIGN CORPORATIONS.
198	32.16 - 32.24	[SEC. 10201.(a)] SEC. 4501.(d)(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
199	33.1 - 33.3	[SEC. 10201.(a)] SEC. 4501.(d)(1)(A)	such specified affiliate shall be treated as a covered corporation with respect to such acquisition,
200	33.4 - 33.6	[SEC. 10201.(a)] SEC. 4501.(d)(1)(B)	such acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and
201	33.7 - 33.10	[SEC. 10201.(a)] SEC. 4501.(d)(1)(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.
202	33.11 - 33.16	[SEC. 10201.(a)] SEC. 4501.(d)(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
203	33.17 - 33.20	[SEC. 10201.(a)] SEC. 4501.(d)(2)(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,
204	33.21 - 33.23	[SEC. 10201.(a)] SEC. 4501.(d)(2)(B)	such repurchase or acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and
205	33.24 - 34.2	[SEC. 10201.(a)] SEC. 4501.(d)(2)(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.
206	34.3 - 34.4	[SEC. 10201.(a)] SEC. 4501.(d)(3)	DEFINITIONS. For purposes of this subsection
207	34.5 - 34.9	[SEC. 10201.(a)] SEC. 4501.(d)(3)(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)).
208	34.10 - 34.21	[SEC. 10201.(a)] SEC. 4501.(d)(3)(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).
209	34.22 - 34.24	[SEC. 10201.(a)] SEC. 4501.(d)(3)(C)	EXPATRIATED ENTITY. The term ‘expatriated entity’ has the meaning given such term by section 7874(a)(2)(A).
210	34.25 - 34.25	[SEC. 10201.(a)] SEC. 4501.(e)	EXCEPTIONS. Subsection (a) shall not apply
211	35.1 - 35.5	[SEC. 10201.(a)] SEC. 4501.(e)(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,
212	35.6 - 35.10	[SEC. 10201.(a)] SEC. 4501.(e)(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,
213	35.11 - 35.13	[SEC. 10201.(a)] SEC. 4501.(e)(3)	in any case in which the total value of the stock repurchased during the taxable year does not exceed $1,000,000,
214	35.14 - 35.16	[SEC. 10201.(a)] SEC. 4501.(e)(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,
215	35.17 - 35.19	[SEC. 10201.(a)] SEC. 4501.(e)(5)	to repurchases by a regulated investment company (as defined in section 851) or a real estate investment trust, or
216	35.20 - 35.21	[SEC. 10201.(a)] SEC. 4501.(e)(6)	to the extent that the repurchase is treated as a dividend for purposes of this title.
217	35.22 - 36.2	[SEC. 10201.(a)] SEC. 4501.(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
218	36.3 - 36.4	[SEC. 10201.(a)] SEC. 4501.(f)(1)	to prevent the abuse of the exceptions provided by subsection (e),
219	36.5 - 36.6	[SEC. 10201.(a)] SEC. 4501.(f)(2)	to address special classes of stock and preferred stock, and
220	36.7 - 36.8	[SEC. 10201.(a)] SEC. 4501.(f)(3)	for the application of the rules under subsection (d).’’.
221	36.9 - 36.10	SEC. 10201.(b)	TAX NOT DEDUCTIBLE. Paragraph (6) of section 275(a) is amended by inserting ‘‘37,’’ before ‘‘41’’.
222	36.11 - 36.13	SEC. 10201.(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:
223	36.14 - 36.17	SEC. 10201.(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.
224	36.18 - 36.20	TITLE I Subtitle A PART 3	FUNDING THE INTERNAL REVENUE SERVICE AND IMPROVING TAXPAYER COMPLIANCE
225	36.21 - 36.25	TITLE I Subtitle A PART 3 SEC. 10301.	ENHANCEMENT OF INTERNAL REVENUE SERVICE RESOURCES. 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:
226	37.1 - 37.1	SEC. 10301.(1)	INTERNAL REVENUE SERVICE.
227	37.2 - 37.2	SEC. 10301.(1)(A)	IN GENERAL.
228	37.3 - 37.14	SEC. 10301.(1)(A)(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.
229	37.15 - 38.8	SEC. 10301.(1)(A)(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.
230	38.9 - 39.3	SEC. 10301.(1)(A)(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.
231	39.4 - 39.15	SEC. 10301.(1)(A)(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.
232	39.16 - 40.13	SEC. 10301.(1)(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.
233	40.14 - 40.25	SEC. 10301.(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.
234	41.1 - 41.8	SEC. 10301.(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.
235	41.9 - 41.15	SEC. 10301.(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.
236	41.16 - 41.24	SEC. 10301.(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.
237	42.1 - 42.2	TITLE I Subtitle B	Prescription Drug Pricing Reform
238	42.3 - 42.4	TITLE I Subtitle B PART 1	LOWERING PRICES THROUGH DRUG PRICE NEGOTIATION
239	42.5 - 42.6	TITLE I Subtitle B PART 1 SEC. 11001.	PROVIDING FOR LOWER PRICES FOR CERTAIN HIGH-PRICED SINGLE SOURCE DRUGS.
240	42.7 - 42.10	SEC. 11001.(a)	PROGRAM TO LOWER PRICES FOR CERTAIN HIGHPRICED SINGLE SOURCE DRUGS. Title XI of the Social Security Act is amended by adding after section 1184 (42 U.S.C. 1320e–3) the following new part:
241	42.11 - 42.13	[SEC. 11001.(a)] PART E	PRICE NEGOTIATION PROGRAM TO LOWER PRICES FOR CERTAIN HIGH-PRICED SINGLE SOURCE DRUGS
242	42.14 - 42.14	[SEC. 11001.(a)] PART E SEC. 1191.	ESTABLISHMENT OF PROGRAM.
243	42.15 - 42.18	[SEC. 11001.(a)] SEC. 1191.(a)	IN GENERAL. The Secretary shall establish a Drug Price Negotiation Program (in this part referred to as the ‘program’). Under the program, with respect to each price applicability period, the Secretary shall
244	42.19 - 42.20	[SEC. 11001.(a)] SEC. 1191.(a)(1)	publish a list of selected drugs in accordance with section 1192;
245	42.21 - 42.23	[SEC. 11001.(a)] SEC. 1191.(a)(2)	enter into agreements with manufacturers of selected drugs with respect to such period, in accordance with section 1193;
246	43.1 - 43.3	[SEC. 11001.(a)] SEC. 1191.(a)(3)	negotiate and, if applicable, renegotiate maximum fair prices for such selected drugs, in accordance with section 1194;
247	43.4 - 43.6	[SEC. 11001.(a)] SEC. 1191.(a)(4)	carry out the publication and administrative duties and compliance monitoring in accordance with sections 1195 and 1196.
248	43.7 - 43.8	[SEC. 11001.(a)] SEC. 1191.(b)	DEFINITIONS RELATING TO TIMING. For purposes of this part:
249	43.9 - 43.11	[SEC. 11001.(a)] SEC. 1191.(b)(1)	INITIAL PRICE APPLICABILITY YEAR. The term ‘initial price applicability year’ means a year (beginning with 2026).
250	43.12 - 43.18	[SEC. 11001.(a)] SEC. 1191.(b)(2)	PRICE APPLICABILITY PERIOD. The term ‘price applicability period’ means, with respect to a qualifying single source drug, the period beginning with the first initial price applicability year with respect to which such drug is a selected drug and ending with the last year during which the drug is a selected drug.
251	43.19 - 43.23	[SEC. 11001.(a)] SEC. 1191.(b)(3)	SELECTED DRUG PUBLICATION DATE. The term ‘selected drug publication date’ means, with respect to each initial price applicability year, February 1 of the year that begins 2 years prior to such year.
252	43.24 - 44.2	[SEC. 11001.(a)] SEC. 1191.(b)(4)	NEGOTIATION PERIOD. The term ‘negotiation period’ means, with respect to an initial price applicability year with respect to a selected drug, the period
253	44.3 - 44.3	[SEC. 11001.(a)] SEC. 1191.(b)(4)(A)	beginning on the sooner of
254	44.4 - 44.7	[SEC. 11001.(a)] SEC. 1191.(b)(4)(A)(i)	the date on which the manufacturer of the drug and the Secretary enter into an agreement under section 1193 with respect to such drug; or
255	44.8 - 44.10	[SEC. 11001.(a)] SEC. 1191.(b)(4)(A)(ii)	February 28 following the selected drug publication date with respect to such selected drug; and
256	44.11 - 44.13	[SEC. 11001.(a)] SEC. 1191.(b)(4)(B)	ending on November 1 of the year that begins 2 years prior to the initial price applicability year.
257	44.14 - 44.14	[SEC. 11001.(a)] SEC. 1191.(c)	OTHER DEFINITIONS. For purposes of this part:
258	44.15 - 44.17	[SEC. 11001.(a)] SEC. 1191.(c)(1)	MANUFACTURER. The term ‘manufacturer’ has the meaning given that term in section 1847A(c)(6)(A).
259	44.18 - 44.20	[SEC. 11001.(a)] SEC. 1191.(c)(2)	MAXIMUM FAIR PRICE ELIGIBLE INDIVIDUAL. The term ‘maximum fair price eligible individual’ means, with respect to a selected drug
260	44.21 - 45.2	[SEC. 11001.(a)] SEC. 1191.(c)(2)(A)	in the case such drug is dispensed to the individual at a pharmacy, by a mail order service, or by another dispenser, an individual who is enrolled in a prescription drug plan under part D of title XVIII or an MA–PD plan under part C of such title if coverage is provided under such plan for such selected drug; and
261	45.3 - 45.10	[SEC. 11001.(a)] SEC. 1191.(c)(2)(B)	in the case such drug is furnished or administered to the individual by a hospital, physician, or other provider of services or supplier, an individual who is enrolled under part B of title XVIII, including an individual who is enrolled in an MA plan under part C of such title, if payment may be made under part B for such selected drug.
262	45.11 - 45.17	[SEC. 11001.(a)] SEC. 1191.(c)(3)	MAXIMUM FAIR PRICE. The term ‘maximum fair price’ means, with respect to a year during a price applicability period and with respect to a selected drug (as defined in section 1192(c)) with respect to such period, the price negotiated pursuant to section 1194, and updated pursuant to section 1195(b), as applicable, for such drug and year.
263	45.18 - 45.20	[SEC. 11001.(a)] SEC. 1191.(c)(4)	REFERENCE PRODUCT. The term ‘reference product’ has the meaning given such term in section 351(i) of the Public Health Service Act.
264	45.21 - 46.4	[SEC. 11001.(a)] SEC. 1191.(c)(5)	TOTAL EXPENDITURES. The term ‘total expenditures’ includes, in the case of expenditures with respect to part D of title XVIII, the total gross covered prescription drug costs (as defined in section 1860D– 15(b)(3)). The term ‘total expenditures’ excludes, in the case of expenditures with respect to part B of such title, expenditures for a drug or biological product that are bundled or packaged into the payment for another service.
265	46.5 - 46.9	[SEC. 11001.(a)] SEC. 1191.(c)(6)	UNIT. The term ‘unit’ means, with respect to a drug or biological product, the lowest identifiable amount (such as a capsule or tablet, milligram of molecules, or grams) of the drug or biological product that is dispensed or furnished.
266	46.10 - 46.13	[SEC. 11001.(a)] SEC. 1191.(d)	TIMING FOR INITIAL PRICE APPLICABILITY YEAR 2026. Notwithstanding the provisions of this part, in the case of initial price applicability year 2026, the following rules shall apply for purposes of implementing the program:
267	46.14 - 46.17	[SEC. 11001.(a)] SEC. 1191.(d)(1)	Subsection (b)(3) shall be applied by substituting ‘September 1, 2023’ for ‘, with respect to each initial price applicability year, February 1 of the year that begins 2 years prior to such year’.
268	46.18 - 46.18	[SEC. 11001.(a)] SEC. 1191.(d)(2)	Subsection (b)(4) shall be applied
269	46.19 - 46.22	[SEC. 11001.(a)] SEC. 1191.(d)(2)(A)	in subparagraph (A)(ii), by substituting ‘October 1, 2023’ for ‘February 28 following the selected drug publication date with respect to such selected drug’; and
270	46.23 - 47.2	[SEC. 11001.(a)] SEC. 1191.(d)(2)(B)	in subparagraph (B), by substituting ‘August 1, 2024’ for ‘November 1 of the year that begins 2 years prior to the initial price applicability year’.
271	47.3 - 47.3	[SEC. 11001.(a)] SEC. 1191.(d)(3)	Section 1192 shall be applied
272	47.4 - 47.11	[SEC. 11001.(a)] SEC. 1191.(d)(3)(A)	in subsection (b)(1)(A), by substituting ‘during the period beginning on June 1, 2022, and ending on May 31, 2023’ for ‘during the most recent period of 12 months prior to the selected drug publication date (but ending not later than October 31 of the year prior to the year of such drug publication date), with respect to such year, for which data are available’; and
273	47.12 - 47.20	[SEC. 11001.(a)] SEC. 1191.(d)(3)(B)	in subsection (d)(1)(A), by substituting ‘during the period beginning on June 1, 2022, and ending on May 31, 2023’ for ‘during the most recent period for which data are available of at least 12 months prior to the selected drug publication date (but ending no later than October 31 of the year prior to the year of such drug publication date), with respect to such year’.
274	47.21 - 47.24	[SEC. 11001.(a)] SEC. 1191.(d)(4)	Section 1193(a) shall be applied by substituting ‘October 1, 2023’ for ‘February 28 following the selected drug publication date with respect to such selected drug’.
275	47.25 - 47.25	[SEC. 11001.(a)] SEC. 1191.(d)(5)	Section 1194(b)(2) shall be applied
276	48.1 - 48.4	[SEC. 11001.(a)] SEC. 1191.(d)(5)(A)	in subparagraph (A), by substituting ‘October 2, 2023’ for ‘March 1 of the year of the selected drug publication date, with respect to the selected drug’;
277	48.5 - 48.7	[SEC. 11001.(a)] SEC. 1191.(d)(5)(B)	in subparagraph (B), by substituting ‘February 1, 2024’ for ‘the June 1 following the selected drug publication date’; and
278	48.8 - 48.11	[SEC. 11001.(a)] SEC. 1191.(d)(5)(C)	in subparagraph (E), by substituting ‘August 1, 2024’ for ‘the first day of November following the selected drug publication date, with respect to the initial price applicability year ’.
279	48.12 - 48.15	[SEC. 11001.(a)] SEC. 1191.(d)(6)	Section 1195(a)(1) shall be applied by substituting ‘September 1, 2024’ for ‘November 30 of the year that is 2 years prior to such initial price applicability year’.
280	48.16 - 48.17	[SEC. 11001.(a)] PART E SEC. 1192.	SELECTION OF NEGOTIATION-ELIGIBLE DRUGS AS SELECTED DRUGS.
281	48.18 - 48.21	[SEC. 11001.(a)] SEC. 1192.(a)	IN GENERAL. Not later than the selected drug publication date with respect to an initial price applicability year, in accordance with subsection (b), the Secretary shall select and publish a list of
282	48.22 - 49.3	[SEC. 11001.(a)] SEC. 1192.(a)(1)	with respect to the initial price applicability year 2026, 10 negotiation-eligible drugs described in subparagraph (A) of subsection (d)(1), but not subparagraph (B) of such subsection, with respect to such year (or, all (if such number is less than 10) such negotiation-eligible drugs with respect to such year);
283	49.4 - 49.10	[SEC. 11001.(a)] SEC. 1192.(a)(2)	with respect to the initial price applicability year 2027, 15 negotiation-eligible drugs described in subparagraph (A) of subsection (d)(1), but not subparagraph (B) of such subsection, with respect to such year (or, all (if such number is less than 15) such negotiation-eligible drugs with respect to such year);
284	49.11 - 49.16	[SEC. 11001.(a)] SEC. 1192.(a)(3)	with respect to the initial price applicability year 2028, 15 negotiation-eligible drugs described in subparagraph (A) or (B) of subsection (d)(1) with respect to such year (or, all (if such number is less than 15) such negotiation-eligible drugs with respect to such year); and
286	49.17 - 50.4	[SEC. 11001.(a)] SEC. 1192.(a)(4)	with respect to the initial price applicability year 2029 or a subsequent year, 20 negotiationeligible drugs described in subparagraph (A) or (B) of subsection (d)(1), with respect to such year (or, all (if such number is less than 20) such negotiation-eligible drugs with respect to such year). Subject to subsection (c)(2) and section 1194(f)(5), each drug published on the list pursuant to the previous sentence shall be subject to the negotiation process under section 1194 for the negotiation period with respect to such initial price applicability year (and the renegotiation process under such section as applicable for any subsequent year during the applicable price applicability period).
287	50.5 - 50.5	[SEC. 11001.(a)] SEC. 1192.(b)	SELECTION OF DRUGS.
288	50.6 - 50.9	[SEC. 11001.(a)] SEC. 1192.(b)(1)	IN GENERAL. In carrying out subsection (a), subject to paragraph (2), the Secretary shall, with respect to an initial price applicability year, do the following:
290	50.10 - 50.20	[SEC. 11001.(a)] SEC. 1192.(b)(1)(A)	Rank negotiation-eligible drugs described in subsection (d)(1) according to the total expenditures for such drugs under parts B and D of title XVIII, as determined by the Secretary, during the most recent period of 12 months prior to the selected drug publication date (but ending not later than October 31 of the year prior to the year of such drug publication date), with respect to such year, for which data are available, with the negotiation-eligible drugs with the highest total expenditures being ranked the highest.
291	50.21 - 50.23	[SEC. 11001.(a)] SEC. 1192.(b)(1)(B)	Select from such ranked drugs with respect to such year the negotiation-eligible drugs with the highest such rankings.
292	50.24 - 51.9	[SEC. 11001.(a)] SEC. 1192.(b)(2)	HIGH SPEND PART D DRUGS FOR 2026 AND 2027. With respect to the initial price applicability year 2026 and with respect to the initial price applicability year 2027, the Secretary shall apply paragraph (1) as if the reference to ‘negotiation-eligible drugs described in subsection (d)(1)’ were a reference to ‘negotiation-eligible drugs described in subsection (d)(1)(A)’ and as if the reference to ‘total expenditures for such drugs under parts B and D of title XVIII’ were a reference to ‘total expenditures for such drugs under part D of title XVIII’.
294	51.10 - 51.10	[SEC. 11001.(a)] SEC. 1192.(c)	SELECTED DRUG.
295	51.11 - 51.20	[SEC. 11001.(a)] SEC. 1192.(c)(1)	IN GENERAL. For purposes of this part, in accordance with subsection (e)(2) and subject to paragraph (2), each negotiation-eligible drug included on the list published under subsection (a) with respect to an initial price applicability year shall be referred to as a ‘selected drug’ with respect to such year and each subsequent year beginning before the first year that begins at least 9 months after the date on which the Secretary determines at least one drug or biological product
296	51.21 - 51.22	[SEC. 11001.(a)] SEC. 1192.(c)(1)(A)	is approved or licensed (as applicable)
297	51.23 - 51.25	[SEC. 11001.(a)] SEC. 1192.(c)(1)(A)(i)	under section 505(j) of the Federal Food, Drug, and Cosmetic Act using such drug as the listed drug; or
298	52.1 - 52.3	[SEC. 11001.(a)] SEC. 1192.(c)(1)(A)(ii)	under section 351(k) of the Public Health Service Act using such drug as the reference product; and
299	52.4 - 52.5	[SEC. 11001.(a)] SEC. 1192.(c)(1)(B)	is marketed pursuant to such approval or licensure.
300	52.6 - 52.7	[SEC. 11001.(a)] SEC. 1192.(c)(2)	CLARIFICATION. A negotiation-eligible drug
301	52.8 - 52.10	[SEC. 11001.(a)] SEC. 1192.(c)(2)(A)	that is included on the list published under subsection (a) with respect to an initial price applicability year; and
302	52.11 - 52.21	[SEC. 11001.(a)] SEC. 1192.(c)(2)(B)	for which the Secretary makes a determination described in paragraph (1) before or during the negotiation period with respect to such initial price applicability year; shall not be subject to the negotiation process under section 1194 with respect to such negotiation period and shall continue to be considered a selected drug under this part with respect to the number of negotiation-eligible drugs published on the list under subsection (a) with respect to such initial price applicability year.
303	52.22 - 52.22	[SEC. 11001.(a)] SEC. 1192.(d)	NEGOTIATION-ELIGIBLE DRUG.
304	52.23 - 53.6	[SEC. 11001.(a)] SEC. 1192.(d)(1)	IN GENERAL. For purposes of this part, subject to paragraph (2), the term ‘negotiation-eligible drug’ means, with respect to the selected drug publication date with respect to an initial price applicability year, a qualifying single source drug, as defined in subsection (e), that is described in either of the following subparagraphs (or, with respect to the initial price applicability year 2026 or 2027, that is described in subparagraph (A)):
305	53.7 - 53.17	[SEC. 11001.(a)] SEC. 1192.(d)(1)(A)	PART D HIGH SPEND DRUGS. The qualifying single source drug is, determined in accordance with subsection (e)(2), among the 50 qualifying single source drugs with the highest total expenditures under part D of title XVIII, as determined by the Secretary in accordance with paragraph (3), during the most recent 12month period for which data are available prior to such selected drug publication date (but ending no later than October 31 of the year prior to the year of such drug publication date).
306	53.18 - 53.25	[SEC. 11001.(a)] SEC. 1192.(d)(1)(B)	PART B HIGH SPEND DRUGS. The qualifying single source drug is, determined in accordance with subsection (e)(2), among the 50 qualifying single source drugs with the highest total expenditures under part B of title XVIII, as determined by the Secretary in accordance with paragraph (3), during such most recent 12month period, as described in subparagraph (A).
307	54.1 - 54.1	[SEC. 11001.(a)] SEC. 1192.(d)(2)	EXCEPTION FOR SMALL BIOTECH DRUGS.
308	54.2 - 54.7	[SEC. 11001.(a)] SEC. 1192.(d)(2)(A)	IN GENERAL. Subject to subparagraph (C), the term ‘negotiation-eligible drug’ shall not include, with respect to the initial price applicability years 2026, 2027, and 2028, a qualifying single source drug that meets either of the following:
309	54.8 - 54.12	[SEC. 11001.(a)] SEC. 1192.(d)(2)(A)(i)	PART D DRUGS. The total expenditures for the qualifying single source drug under part D of title XVIII, as determined by the Secretary in accordance with paragraph (3)(B), during 2021
310	54.13 - 54.18	[SEC. 11001.(a)] SEC. 1192.(d)(2)(A)(i)(I)	are equal to or less than 1 percent of the total expenditures under such part D, as so determined, for all covered part D drugs (as defined in section 1860D–2(e)) during such year; and
311	54.19 - 54.25	[SEC. 11001.(a)] SEC. 1192.(d)(2)(A)(i)(II)	are equal to at least 80 percent of the total expenditures under such part D, as so determined, for all covered part D drugs for which the manufacturer of the drug has an agreement in effect under section 1860D– 14A during such year.
312	55.1 - 55.5	[SEC. 11001.(a)] SEC. 1192.(d)(2)(A)(ii)	PART B DRUGS. The total expenditures for the qualifying single source drug under part B of title XVIII, as determined by the Secretary in accordance with paragraph (3)(B), during 2021
313	55.6 - 55.11	[SEC. 11001.(a)] SEC. 1192.(d)(2)(A)(ii)(I)	are equal to or less than 1 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs for which payment may be made under such part B during such year; and
314	55.12 - 55.18	[SEC. 11001.(a)] SEC. 1192.(d)(2)(A)(ii)(II)	are equal to at least 80 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs of the manufacturer for which payment may be made under such part B during such year.
315	55.19 - 55.20	[SEC. 11001.(a)] SEC. 1192.(d)(2)(B)	CLARIFICATIONS RELATING TO MANUFACTURERS.
316	55.21 - 56.2	[SEC. 11001.(a)] SEC. 1192.(d)(2)(B)(i)	AGGREGATION RULE. All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as one manufacturer for purposes of this paragraph.
317	56.3 - 56.14	[SEC. 11001.(a)] SEC. 1192.(d)(2)(B)(ii)	LIMITATION. A drug shall not be considered to be a qualifying single source drug described in clause (i) or (ii) of subparagraph (A) if the manufacturer of such drug is acquired after 2021 by another manufacturer that does not meet the definition of a specified manufacturer under section 1860D–14C(g)(4)(B)(ii), effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2025, effective January 1, 2025.
318	56.15 - 56.20	[SEC. 11001.(a)] SEC. 1192.(d)(2)(C)	DRUGS NOT INCLUDED AS SMALL BIOTECH DRUGS. A new formulation, such as an extended release formulation, of a qualifying single source drug shall not be considered a qualifying single source drug described in subparagraph (A).
319	56.21 - 56.21	[SEC. 11001.(a)] SEC. 1192.(d)(3)	CLARIFICATIONS AND DETERMINATIONS.
320	56.22 - 56.25	[SEC. 11001.(a)] SEC. 1192.(d)(3)(A)	PREVIOUSLY SELECTED DRUGS AND SMALL BIOTECH DRUGS EXCLUDED. In applying subparagraphs (A) and (B) of paragraph (1), the Secretary shall not consider or count
322	57.1 - 57.2	[SEC. 11001.(a)] SEC. 1192.(d)(3)(A)(i)	drugs that are already selected drugs; and
323	57.3 - 57.6	[SEC. 11001.(a)] SEC. 1192.(d)(3)(A)(ii)	for initial price applicability years 2026, 2027, and 2028, qualifying single source drugs described in paragraph (2)(A).
325	57.7 - 57.15	[SEC. 11001.(a)] SEC. 1192.(d)(3)(B)	USE OF DATA. In determining whether a qualifying single source drug satisfies any of the criteria described in paragraph (1) or (2), the Secretary shall use data that is aggregated across dosage forms and strengths of the drug, including new formulations of the drug, such as an extended release formulation, and not based on the specific formulation or package size or package type of the drug.
327	57.16 - 57.16	[SEC. 11001.(a)] SEC. 1192.(e)	QUALIFYING SINGLE SOURCE DRUG.
328	57.17 - 57.24	[SEC. 11001.(a)] SEC. 1192.(e)(1)	IN GENERAL. For purposes of this part, the term ‘qualifying single source drug’ means, with respect to an initial price applicability year, subject to paragraphs (2) and (3), a covered part D drug (as defined in section 1860D–2(e)) that is described in any of the following or a drug or biological product for which payment may be made under part B of title XVIII that is described in any of the following:
329	57.25 - 57.25	[SEC. 11001.(a)] SEC. 1192.(e)(1)(A)	DRUG PRODUCTS. A drug
330	58.1 - 58.4	[SEC. 11001.(a)] SEC. 1192.(e)(1)(A)(i)	that is approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act and is marketed pursuant to such approval;
331	58.5 - 58.9	[SEC. 11001.(a)] SEC. 1192.(e)(1)(A)(ii)	for which, as of the selected drug publication date with respect to such initial price applicability year, at least 7 years will have elapsed since the date of such approval; and
332	58.10 - 58.12	[SEC. 11001.(a)] SEC. 1192.(e)(1)(A)(iii)	that is not the listed drug for any drug that is approved and marketed under section 505(j) of such Act.
333	58.13 - 58.14	[SEC. 11001.(a)] SEC. 1192.(e)(1)(B)	BIOLOGICAL PRODUCTS. A biological product
334	58.15 - 58.17	[SEC. 11001.(a)] SEC. 1192.(e)(1)(B)(i)	that is licensed under section 351(a) of the Public Health Service Act and is marketed under section 351 of such Act;
335	58.18 - 58.22	[SEC. 11001.(a)] SEC. 1192.(e)(1)(B)(ii)	for which, as of the selected drug publication date with respect to such initial price applicability year, at least 11 years will have elapsed since the date of such licensure; and
336	58.23 - 59.2	[SEC. 11001.(a)] SEC. 1192.(e)(1)(B)(iii)	that is not the reference product for any biological product that is licensed and marketed under section 351(k) of such Act.
337	59.3 - 59.4	[SEC. 11001.(a)] SEC. 1192.(e)(2)	TREATMENT OF AUTHORIZED GENERIC DRUGS.
338	59.5 - 59.15	[SEC. 11001.(a)] SEC. 1192.(e)(2)(A)	IN GENERAL. In the case of a qualifying single source drug described in subparagraph (A) or (B) of paragraph (1) that is the listed drug (as such term is used in section 505(j) of the Federal Food, Drug, and Cosmetic Act) or a product described in clause (ii) of subparagraph (B), with respect to an authorized generic drug, in applying the provisions of this part, such authorized generic drug and such listed drug or such product shall be treated as the same qualifying single source drug.
339	59.16 - 59.18	[SEC. 11001.(a)] SEC. 1192.(e)(2)(B)	AUTHORIZED GENERIC DRUG DEFINED. For purposes of this paragraph, the term ‘authorized generic drug’ means
340	59.19 - 59.22	[SEC. 11001.(a)] SEC. 1192.(e)(2)(B)(i)	in the case of a drug, an authorized generic drug (as such term is defined in section 505(t)(3) of the Federal Food, Drug, and Cosmetic Act); and
341	59.23 - 59.24	[SEC. 11001.(a)] SEC. 1192.(e)(2)(B)(ii)	in the case of a biological product, a product that
342	60.1 - 60.2	[SEC. 11001.(a)] SEC. 1192.(e)(2)(B)(ii)(I)	has been licensed under section 351(a) of such Act; and
343	60.3 - 60.11	[SEC. 11001.(a)] SEC. 1192.(e)(2)(B)(ii)(II)	is marketed, sold, or distributed directly or indirectly to retail class of trade under a different labeling, packaging (other than repackaging as the reference product in blister packs, unit doses, or similar packaging for use in institutions), product code, labeler code, trade name, or trade mark than the reference product.
344	60.12 - 60.14	[SEC. 11001.(a)] SEC. 1192.(e)(3)	EXCLUSIONS. In this part, the term ‘qualifying single source drug’ does not include any of the following:
345	60.15 - 60.20	[SEC. 11001.(a)] SEC. 1192.(e)(3)(A)	CERTAIN ORPHAN DRUGS. A drug that is designated as a drug for only one rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act and for which the only approved indication (or indications) is for such disease or condition.
346	60.21 - 60.25	[SEC. 11001.(a)] SEC. 1192.(e)(3)(B)	LOW SPEND MEDICARE DRUGS. A drug or biological product with respect to which the total expenditures under parts B and D of title XVIII, as determined by the Secretary in accordance with subsection (d)(3)(B)
347	61.1 - 61.4	[SEC. 11001.(a)] SEC. 1192.(e)(3)(B)(i)	with respect to initial price applicability year 2026, is less than, during the period beginning on June 1, 2022, and ending on May 31, 2023, $200,000,000;
348	61.5 - 61.15	[SEC. 11001.(a)] SEC. 1192.(e)(3)(B)(ii)	with respect to initial price applicability year 2027, is less than, during the most recent 12-month period applicable under subparagraphs (A) and (B) of subsection (d)(1) for such year, the dollar amount specified in clause (i) increased by the annual percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the period beginning on June 1, 2023, and ending on September 30, 2024; or
349	61.16 - 62.3	[SEC. 11001.(a)] SEC. 1192.(e)(3)(B)(iii)	with respect to a subsequent initial price applicability year, is less than, during the most recent 12-month period applicable under subparagraphs (A) and (B) of subsection (d)(1) for such year, the dollar amount specified in this subparagraph for the previous initial price applicability year increased by the annual percentage increase in such consumer price index for the 12month period ending on September 30 of the year prior to the year of the selected drug publication date with respect to such subsequent initial price applicability year.
350	62.4 - 62.6	[SEC. 11001.(a)] SEC. 1192.(e)(3)(C)	PLASMA-DERIVED PRODUCTS. A biological product that is derived from human whole blood or plasma.
351	62.7 - 62.7	[SEC. 11001.(a)] PART E SEC. 1193.	MANUFACTURER AGREEMENTS.
352	62.8 - 62.13	[SEC. 11001.(a)] SEC. 1193.(a)	IN GENERAL. For purposes of section 1191(a)(2), the Secretary shall enter into agreements with manufacturers of selected drugs with respect to a price applicability period, by not later than February 28 following the selected drug publication date with respect to such selected drug, under which
353	62.14 - 62.21	[SEC. 11001.(a)] SEC. 1193.(a)(1)	during the negotiation period for the initial price applicability year for the selected drug, the Secretary and the manufacturer, in accordance with section 1194, negotiate to determine (and, by not later than the last date of such period, agree to) a maximum fair price for such selected drug of the manufacturer in order for the manufacturer to provide access to such price
354	62.22 - 63.5	[SEC. 11001.(a)] SEC. 1193.(a)(1)(A)	to maximum fair price eligible individuals who with respect to such drug are described in subparagraph (A) of section 1191(c)(2) and are dispensed such drug (and to pharmacies, mail order services, and other dispensers, with respect to such maximum fair price eligible individuals who are dispensed such drugs) during, subject to paragraph (2), the price applicability period; and
355	63.6 - 63.12	[SEC. 11001.(a)] SEC. 1193.(a)(1)(B)	to hospitals, physicians, and other providers of services and suppliers with respect to maximum fair price eligible individuals who with respect to such drug are described in subparagraph (B) of such section and are furnished or administered such drug during, subject to paragraph (2), the price applicability period;
356	63.13 - 63.18	[SEC. 11001.(a)] SEC. 1193.(a)(2)	the Secretary and the manufacturer shall, in accordance with section 1194, renegotiate (and, by not later than the last date of the period of renegotiation, agree to) the maximum fair price for such drug, in order for the manufacturer to provide access to such maximum fair price (as so renegotiated)
357	63.19 - 64.3	[SEC. 11001.(a)] SEC. 1193.(a)(2)(A)	to maximum fair price eligible individuals who with respect to such drug are described in subparagraph (A) of section 1191(c)(2) and are dispensed such drug (and to pharmacies, mail order services, and other dispensers, with respect to such maximum fair price eligible individuals who are dispensed such drugs) during any year during the price applicability period (beginning after such renegotiation) with respect to such selected drug; and
358	64.4 - 64.10	[SEC. 11001.(a)] SEC. 1193.(a)(2)(B)	to hospitals, physicians, and other providers of services and suppliers with respect to maximum fair price eligible individuals who with respect to such drug are described in subparagraph (B) of such section and are furnished or administered such drug during any year described in subparagraph (A);
359	64.11 - 64.14	[SEC. 11001.(a)] SEC. 1193.(a)(3)	subject to subsection (d), access to the maximum fair price (including as renegotiated pursuant to paragraph (2)), with respect to such a selected drug, shall be provided by the manufacturer to
360	64.15 - 64.25	[SEC. 11001.(a)] SEC. 1193.(a)(3)(A)	maximum fair price eligible individuals, who with respect to such drug are described in subparagraph (A) of section 1191(c)(2), at the pharmacy, mail order service, or other dispenser at the point-of-sale of such drug (and shall be provided by the manufacturer to the pharmacy, mail order service, or other dispenser, with respect to such maximum fair price eligible individuals who are dispensed such drugs), as described in paragraph (1)(A) or (2)(A), as applicable; and
361	65.1 - 65.7	[SEC. 11001.(a)] SEC. 1193.(a)(3)(B)	hospitals, physicians, and other providers of services and suppliers with respect to maximum fair price eligible individuals who with respect to such drug are described in subparagraph (B) of such section and are furnished or administered such drug, as described in paragraph (1)(B) or (2)(B), as applicable;
362	65.8 - 65.13	[SEC. 11001.(a)] SEC. 1193.(a)(4)	the manufacturer submits to the Secretary, in a form and manner specified by the Secretary, for the negotiation period for the price applicability period (and, if applicable, before any period of renegotiation pursuant to section 1194(f)) with respect to such drug
363	65.14 - 65.17	[SEC. 11001.(a)] SEC. 1193.(a)(4)(A)	information on the non-Federal average manufacturer price (as defined in section 8126(h)(5) of title 38, United States Code) for the drug for the applicable year or period; and
364	65.18 - 65.20	[SEC. 11001.(a)] SEC. 1193.(a)(4)(B)	information that the Secretary requires to carry out the negotiation (or renegotiation process) under this part; and
365	65.21 - 65.24	[SEC. 11001.(a)] SEC. 1193.(a)(5)	the manufacturer complies with requirements determined by the Secretary to be necessary for purposes of administering the program and monitoring compliance with the program.
366	66.1 - 66.5	[SEC. 11001.(a)] SEC. 1193.(b)	AGREEMENT IN EFFECT UNTIL DRUG IS NO LONGER A SELECTED DRUG. An agreement entered into under this section shall be effective, with respect to a selected drug, until such drug is no longer considered a selected drug under section 1192(c).
367	66.6 - 66.12	[SEC. 11001.(a)] SEC. 1193.(c)	CONFIDENTIALITY OF INFORMATION. Information submitted to the Secretary under this part by a manufacturer of a selected drug that is proprietary information of such manufacturer (as determined by the Secretary) shall be used only by the Secretary or disclosed to and used by the Comptroller General of the United States for purposes of carrying out this part.
368	66.13 - 66.15	[SEC. 11001.(a)] SEC. 1193.(d)	NONDUPLICATION WITH 340B CEILING PRICE. Under an agreement entered into under this section, the manufacturer of a selected drug
369	66.16 - 67.2	[SEC. 11001.(a)] SEC. 1193.(d)(1)	shall not be required to provide access to the maximum fair price under subsection (a)(3), with respect to such selected drug and maximum fair price eligible individuals who are eligible to be furnished, administered, or dispensed such selected drug at a covered entity described in section 340B(a)(4) of the Public Health Service Act, to such covered entity if such selected drug is subject to an agreement described in section 340B(a)(1) of such Act and the ceiling price (defined in section 340B(a)(1) of such Act) is lower than the maximum fair price for such selected drug; and
370	67.3 - 67.10	[SEC. 11001.(a)] SEC. 1193.(d)(2)	shall be required to provide access to the maximum fair price to such covered entity with respect to maximum fair price eligible individuals who are eligible to be furnished, administered, or dispensed such selected drug at such entity at such ceiling price in a nonduplicated amount to the ceiling price if such maximum fair price is below the ceiling price for such selected drug.
371	67.11 - 67.11	[SEC. 11001.(a)] PART E SEC. 1194.	NEGOTIATION AND RENEGOTIATION PROCESS.
372	67.12 - 67.17	[SEC. 11001.(a)] SEC. 1194.(a)	IN GENERAL. For purposes of this part, under an agreement under section 1193 between the Secretary and a manufacturer of a selected drug (or selected drugs), with respect to the period for which such agreement is in effect and in accordance with subsections (b), (c), and (d), the Secretary and the manufacturer
373	67.18 - 67.21	[SEC. 11001.(a)] SEC. 1194.(a)(1)	shall during the negotiation period with respect to such drug, in accordance with this section, negotiate a maximum fair price for such drug for the purpose described in section 1193(a)(1); and
374	67.22 - 68.2	[SEC. 11001.(a)] SEC. 1194.(a)(2)	renegotiate, in accordance with the process specified pursuant to subsection (f), such maximum fair price for such drug for the purpose described in section 1193(a)(2) if such drug is a renegotiation-eligible drug under such subsection.
375	68.3 - 68.3	[SEC. 11001.(a)] SEC. 1194.(b)	NEGOTIATION PROCESS REQUIREMENTS.
376	68.4 - 68.8	[SEC. 11001.(a)] SEC. 1194.(b)(1)	METHODOLOGY AND PROCESS. The Secretary shall develop and use a consistent methodology and process, in accordance with paragraph (2), for negotiations under subsection (a) that aims to achieve the lowest maximum fair price for each selected drug.
377	68.9 - 68.14	[SEC. 11001.(a)] SEC. 1194.(b)(2)	SPECIFIC ELEMENTS OF NEGOTIATION PROCESS. As part of the negotiation process under this section, with respect to a selected drug and the negotiation period with respect to the initial price applicability year with respect to such drug, the following shall apply:
378	68.15 - 68.21	[SEC. 11001.(a)] SEC. 1194.(b)(2)(A)	SUBMISSION OF INFORMATION. Not later than March 1 of the year of the selected drug publication date, with respect to the selected drug, the manufacturer of the drug shall submit to the Secretary, in accordance with section 1193(a)(4), the information described in such section.
379	68.22 - 69.5	[SEC. 11001.(a)] SEC. 1194.(b)(2)(B)	INITIAL OFFER BY SECRETARY. Not later than the June 1 following the selected drug publication date, the Secretary shall provide the manufacturer of the selected drug with a written initial offer that contains the Secretary’s proposal for the maximum fair price of the drug and a concise justification based on the factors described in section 1194(e) that were used in developing such offer.
380	69.6 - 69.6	[SEC. 11001.(a)] SEC. 1194.(b)(2)(C)	RESPONSE TO INITIAL OFFER.
381	69.7 - 69.11	[SEC. 11001.(a)] SEC. 1194.(b)(2)(C)(i)	IN GENERAL. Not later than 30 days after the date of receipt of an initial offer under subparagraph (B), the manufacturer shall either accept such offer or propose a counteroffer to such offer.
382	69.12 - 69.14	[SEC. 11001.(a)] SEC. 1194.(b)(2)(C)(ii)	COUNTEROFFER REQUIREMENTS. If a manufacturer proposes a counteroffer, such counteroffer
383	69.15 - 69.15	[SEC. 11001.(a)] SEC. 1194.(b)(2)(C)(ii)(I)	shall be in writing; and
384	69.16 - 69.17	[SEC. 11001.(a)] SEC. 1194.(b)(2)(C)(ii)(II)	shall be justified based on the factors described in subsection (e).
385	69.18 - 69.21	[SEC. 11001.(a)] SEC. 1194.(b)(2)(D)	RESPONSE TO COUNTEROFFER. After receiving a counteroffer under subparagraph (C), the Secretary shall respond in writing to such counteroffer.
386	69.22 - 70.2	[SEC. 11001.(a)] SEC. 1194.(b)(2)(E)	DEADLINE. All negotiations between the Secretary and the manufacturer of the selected drug shall end prior to the first day of November following the selected drug publication date, with respect to the initial price applicability year.
387	70.3 - 70.12	[SEC. 11001.(a)] SEC. 1194.(b)(2)(F)	LIMITATIONS ON OFFER AMOUNT. In negotiating the maximum fair price of a selected drug, with respect to the initial price applicability year for the selected drug, and, as applicable, in renegotiating the maximum fair price for such drug, with respect to a subsequent year during the price applicability period for such drug, the Secretary shall not offer (or agree to a counteroffer for) a maximum fair price for the selected drug that
388	70.13 - 70.15	[SEC. 11001.(a)] SEC. 1194.(b)(2)(F)(i)	exceeds the ceiling determined under subsection (c) for the selected drug and year; or
389	70.16 - 70.18	[SEC. 11001.(a)] SEC. 1194.(b)(2)(F)(ii)	as applicable, is less than the floor determined under subsection (d) for the selected drug and year.
390	70.19 - 70.19	[SEC. 11001.(a)] SEC. 1194.(c)	CEILING FOR MAXIMUM FAIR PRICE.
391	70.20 - 70.20	[SEC. 11001.(a)] SEC. 1194.(c)(1)	GENERAL CEILING.
392	70.21 - 71.2	[SEC. 11001.(a)] SEC. 1194.(c)(1)(A)	IN GENERAL. The maximum fair price negotiated under this section for a selected drug, with respect to the first initial price applicability year of the price applicability period with respect to such drug, shall not exceed the lower of the amount under subparagraph (B) or the amount under subparagraph (C).
393	71.3 - 71.4	[SEC. 11001.(a)] SEC. 1194.(c)(1)(B)	SUBPARAGRAPH (B) AMOUNT. An amount equal to the following:
394	71.5 - 71.10	[SEC. 11001.(a)] SEC. 1194.(c)(1)(B)(i)	COVERED PART D DRUG. In the case of a covered part D drug (as defined in section 1860D–2(e)), the sum of the plan specific enrollment weighted amounts for each prescription drug plan or MA–PD plan (as determined under paragraph (2)).
395	71.11 - 71.20	[SEC. 11001.(a)] SEC. 1194.(c)(1)(B)(ii)	PART B DRUG OR BIOLOGICAL. In the case of a drug or biological product for which payment may be made under part B of title XVIII, the payment amount under section 1847A(b)(4) for the drug or biological product for the year prior to the year of the selected drug publication date with respect to the initial price applicability year for the drug or biological product.
396	71.21 - 71.24	[SEC. 11001.(a)] SEC. 1194.(c)(1)(C)	SUBPARAGRAPH (C) AMOUNT. An amount equal to the applicable percent described in paragraph (3), with respect to such drug, of the following:
397	72.1 - 72.19	[SEC. 11001.(a)] SEC. 1194.(c)(1)(C)(i)	INITIAL PRICE APPLICABILITY YEAR 2026. In the case of a selected drug with respect to which such initial price applicability year is 2026, the average nonFederal average manufacturer price for such drug for 2021 (or, in the case that there is not an average non-Federal average manufacturer price available for such drug for 2021, for the first full year following the market entry for such drug), increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) from September 2021 (or December of such first full year following the market entry), as applicable, to September of the year prior to the year of the selected drug publication date with respect to such initial price applicability year.
398	72.20 - 72.24	[SEC. 11001.(a)] SEC. 1194.(c)(1)(C)(ii)	INITIAL PRICE APPLICABILITY YEAR 2027 AND SUBSEQUENT YEARS. In the case of a selected drug with respect to which such initial price applicability year is 2027 or a subsequent year, the lower of
399	73.1 - 73.17	[SEC. 11001.(a)] SEC. 1194.(c)(1)(C)(ii)(I)	the average non-Federal average manufacturer price for such drug for 2021 (or, in the case that there is not an average non-Federal average manufacturer price available for such drug for 2021, for the first full year following the market entry for such drug), increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) from September 2021 (or December of such first full year following the market entry), as applicable, to September of the year prior to the year of the selected drug publication date with respect to such initial price applicability year; or
400	73.18 - 73.22	[SEC. 11001.(a)] SEC. 1194.(c)(1)(C)(ii)(II)	the average non-Federal average manufacturer price for such drug for the year prior to the selected drug publication date with respect to such initial price applicability year.
401	73.23 - 74.3	[SEC. 11001.(a)] SEC. 1194.(c)(2)	PLAN SPECIFIC ENROLLMENT WEIGHTED AMOUNT. For purposes of paragraph (1)(B)(i), the plan specific enrollment weighted amount for a prescription drug plan or an MA–PD plan with respect to a covered Part D drug is an amount equal to the product of
402	74.4 - 74.9	[SEC. 11001.(a)] SEC. 1194.(c)(2)(A)	the negotiated price of the drug under such plan under part D of title XVIII, net of all price concessions received by such plan or pharmacy benefit managers on behalf of such plan, for the most recent year for which data is available; and
403	74.10 - 74.10	[SEC. 11001.(a)] SEC. 1194.(c)(2)(B)	a fraction
404	74.11 - 74.13	[SEC. 11001.(a)] SEC. 1194.(c)(2)(B)(i)	the numerator of which is the total number of individuals enrolled in such plan in such year; and
405	74.14 - 74.17	[SEC. 11001.(a)] SEC. 1194.(c)(2)(B)(ii)	the denominator of which is the total number of individuals enrolled in a prescription drug plan or an MA–PD plan in such year.
406	74.18 - 74.20	[SEC. 11001.(a)] SEC. 1194.(c)(3)	APPLICABLE PERCENT DESCRIBED. For purposes of this subsection, the applicable percent described in this paragraph is the following:
407	74.21 - 74.24	[SEC. 11001.(a)] SEC. 1194.(c)(3)(A)	SHORT-MONOPOLY DRUGS AND VACCINES. With respect to a selected drug (other than an extended-monopoly drug and a long-monopoly drug), 75 percent.
408	75.1 - 75.3	[SEC. 11001.(a)] SEC. 1194.(c)(3)(B)	EXTENDED-MONOPOLY DRUGS. With respect to an extended-monopoly drug, 65 percent.
409	75.4 - 75.5	[SEC. 11001.(a)] SEC. 1194.(c)(3)(C)	LONG-MONOPOLY DRUGS. With respect to a long-monopoly drug, 40 percent.
410	75.6 - 75.6	[SEC. 11001.(a)] SEC. 1194.(c)(4)	EXTENDED-MONOPOLY DRUG DEFINED.
411	75.7 - 75.16	[SEC. 11001.(a)] SEC. 1194.(c)(4)(A)	IN GENERAL. In this part, subject to subparagraph (B), the term ‘extended-monopoly drug’ means, with respect to an initial price applicability year, a selected drug for which at least 12 years, but fewer than 16 years, have elapsed since the date of approval of such drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act or since the date of licensure of such drug under section 351(a) of the Public Health Service Act, as applicable.
412	75.17 - 75.19	[SEC. 11001.(a)] SEC. 1194.(c)(4)(B)	EXCLUSIONS. The term ‘extended-monopoly drug’ shall not include any of the following:
413	75.20 - 75.22	[SEC. 11001.(a)] SEC. 1194.(c)(4)(B)(i)	A vaccine that is licensed under section 351 of the Public Health Service Act and marketed pursuant to such section.
414	75.23 - 76.2	[SEC. 11001.(a)] SEC. 1194.(c)(4)(B)(ii)	A selected drug for which a manufacturer had an agreement under this part with the Secretary with respect to an initial price applicability year that is before 2030.
415	76.3 - 76.7	[SEC. 11001.(a)] SEC. 1194.(c)(4)(C)	CLARIFICATION. Nothing in subparagraph (B)(ii) shall limit the transition of a selected drug described in paragraph (3)(A) to a long-monopoly drug if the selected drug meets the definition of a long-monopoly drug.
416	76.8 - 76.8	[SEC. 11001.(a)] SEC. 1194.(c)(5)	LONG-MONOPOLY DRUG DEFINED.
417	76.9 - 76.18	[SEC. 11001.(a)] SEC. 1194.(c)(5)(A)	IN GENERAL. In this part, subject to subparagraph (B), the term ‘long-monopoly drug’ means, with respect to an initial price applicability year, a selected drug for which at least 16 years have elapsed since the date of approval of such drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act or since the date of licensure of such drug under section 351(a) of the Public Health Service Act, as applicable.
418	76.19 - 76.23	[SEC. 11001.(a)] SEC. 1194.(c)(5)(B)	EXCLUSION. The term ‘long-monopoly drug’ shall not include a vaccine that is licensed under section 351 of the Public Health Service Act and marketed pursuant to such section.
419	76.24 - 77.5	[SEC. 11001.(a)] SEC. 1194.(c)(6)	AVERAGE NON-FEDERAL AVERAGE MANUFACTURER PRICE. In this part, the term ‘average non-Federal average manufacturer price’ means the average of the non-Federal average manufacturer price (as defined in section 8126(h)(5) of title 38, United States Code) for the 4 calendar quarters of the year involved.
420	77.6 - 77.24	[SEC. 11001.(a)] SEC. 1194.(d)	TEMPORARY FLOOR FOR SMALL BIOTECH DRUGS. In the case of a selected drug that is a qualifying single source drug described in section 1192(d)(2) and with respect to which the first initial price applicability year of the price applicability period with respect to such drug is 2029 or 2030, the maximum fair price negotiated under this section for such drug for such initial price applicability year may not be less than 66 percent of the average nonFederal average manufacturer price for such drug (as defined in subsection (c)(6)) for 2021 (or, in the case that there is not an average non-Federal average manufacturer price available for such drug for 2021, for the first full year following the market entry for such drug), increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) from September 2021 (or December of such first full year following the market entry), as applicable, to September of the year prior to the selected drug publication date with respect to the initial price applicability year.
421	78.1 - 78.6	[SEC. 11001.(a)] SEC. 1194.(e)	FACTORS. For purposes of negotiating the maximum fair price of a selected drug under this part with the manufacturer of the drug, the Secretary shall consider the following factors, as applicable to the drug, as the basis for determining the offers and counteroffers under subsection (b) for the drug:
422	78.7 - 78.9	[SEC. 11001.(a)] SEC. 1194.(e)(1)	MANUFACTURER-SPECIFIC DATA. The following data, with respect to such selected drug, as submitted by the manufacturer:
423	78.10 - 78.13	[SEC. 11001.(a)] SEC. 1194.(e)(1)(A)	Research and development costs of the manufacturer for the drug and the extent to which the manufacturer has recouped research and development costs.
424	78.14 - 78.15	[SEC. 11001.(a)] SEC. 1194.(e)(1)(B)	Current unit costs of production and distribution of the drug.
425	78.16 - 78.18	[SEC. 11001.(a)] SEC. 1194.(e)(1)(C)	Prior Federal financial support for novel therapeutic discovery and development with respect to the drug.
426	78.19 - 78.24	[SEC. 11001.(a)] SEC. 1194.(e)(1)(D)	Data on pending and approved patent applications, exclusivities recognized by the Food and Drug Administration, and applications and approvals under section 505(c) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act for the drug.
427	79.1 - 79.2	[SEC. 11001.(a)] SEC. 1194.(e)(1)(E)	Market data and revenue and sales volume data for the drug in the United States.
428	79.3 - 79.6	[SEC. 11001.(a)] SEC. 1194.(e)(2)	EVIDENCE ABOUT ALTERNATIVE TREATMENTS. The following evidence, as available, with respect to such selected drug and therapeutic alternatives to such drug:
429	79.7 - 79.10	[SEC. 11001.(a)] SEC. 1194.(e)(2)(A)	The extent to which such drug represents a therapeutic advance as compared to existing therapeutic alternatives and the costs of such existing therapeutic alternatives.
430	79.11 - 79.13	[SEC. 11001.(a)] SEC. 1194.(e)(2)(B)	Prescribing information approved by the Food and Drug Administration for such drug and therapeutic alternatives to such drug.
431	79.14 - 79.20	[SEC. 11001.(a)] SEC. 1194.(e)(2)(C)	Comparative effectiveness of such drug and therapeutic alternatives to such drug, taking into consideration the effects of such drug and therapeutic alternatives to such drug on specific populations, such as individuals with disabilities, the elderly, the terminally ill, children, and other patient populations.
432	79.21 - 80.7	[SEC. 11001.(a)] SEC. 1194.(e)(2)(D)	The extent to which such drug and therapeutic alternatives to such drug address unmet medical needs for a condition for which treatment or diagnosis is not addressed adequately by available therapy. In using evidence described in subparagraph (C), the Secretary shall not use evidence from comparative clinical effectiveness research in a manner that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill.
433	80.8 - 80.8	[SEC. 11001.(a)] SEC. 1194.(f)	RENEGOTIATION PROCESS.
434	80.9 - 80.15	[SEC. 11001.(a)] SEC. 1194.(f)(1)	IN GENERAL. In the case of a renegotiation-eligible drug (as defined in paragraph (2)) that is selected under paragraph (3), the Secretary shall provide for a process of renegotiation (for years (beginning with 2028) during the price applicability period, with respect to such drug) of the maximum fair price for such drug consistent with paragraph (4).
435	80.16 - 80.19	[SEC. 11001.(a)] SEC. 1194.(f)(2)	RENEGOTIATION-ELIGIBLE DRUG DEFINED. In this section, the term ‘renegotiation-eligible drug’ means a selected drug that is any of the following:
436	80.20 - 80.22	[SEC. 11001.(a)] SEC. 1194.(f)(2)(A)	ADDITION OF NEW INDICATION. A selected drug for which a new indication is added to the drug.
437	80.23 - 80.24	[SEC. 11001.(a)] SEC. 1194.(f)(2)(B)	CHANGE OF STATUS TO AN EXTENDEDMONOPOLY DRUG. A selected drug that
438	81.1 - 81.2	[SEC. 11001.(a)] SEC. 1194.(f)(2)(B)(i)	is not an extended-monopoly or a long-monopoly drug; and
439	81.3 - 81.5	[SEC. 11001.(a)] SEC. 1194.(f)(2)(B)(ii)	for which there is a change in status to that of an extended-monopoly drug.
440	81.6 - 81.7	[SEC. 11001.(a)] SEC. 1194.(f)(2)(C)	CHANGE OF STATUS TO A LONG-MONOPOLY DRUG. A selected drug that
441	81.8 - 81.8	[SEC. 11001.(a)] SEC. 1194.(f)(2)(C)(i)	is not a long-monopoly drug; and
442	81.9 - 81.10	[SEC. 11001.(a)] SEC. 1194.(f)(2)(C)(ii)	for which there is a change in status to that of a long-monopoly drug.
443	81.11 - 81.14	[SEC. 11001.(a)] SEC. 1194.(f)(2)(D)	MATERIAL CHANGES. A selected drug for which the Secretary determines there has been a material change of any of the factors described in paragraph (1) or (2) of subsection (e).
444	81.15 - 81.18	[SEC. 11001.(a)] SEC. 1194.(f)(3)	SELECTION OF DRUGS FOR RENEGOTIATION. For each year (beginning with 2028), the Secretary shall select among renegotiation-eligible drugs for renegotiation as follows:
445	81.19 - 81.22	[SEC. 11001.(a)] SEC. 1194.(f)(3)(A)	ALL EXTENDED-MONOPOLY NEGOTIATION-ELIGIBLE DRUGS. The Secretary shall select all renegotiation-eligible drugs described in paragraph (2)(B).
446	81.23 - 82.2	[SEC. 11001.(a)] SEC. 1194.(f)(3)(B)	ALL LONG-MONOPOLY NEGOTIATIONELIGIBLE DRUGS. The Secretary shall select all renegotiation-eligible drugs described in paragraph (2)(C).
447	82.3 - 82.9	[SEC. 11001.(a)] SEC. 1194.(f)(3)(C)	REMAINING DRUGS. Among the remaining renegotiation-eligible drugs described in subparagraphs (A) and (D) of paragraph (2), the Secretary shall select renegotiation-eligible drugs for which the Secretary expects renegotiation is likely to result in a significant change in the maximum fair price otherwise negotiated.
448	82.10 - 82.10	[SEC. 11001.(a)] SEC. 1194.(f)(4)	RENEGOTIATION PROCESS.
449	82.11 - 82.15	[SEC. 11001.(a)] SEC. 1194.(f)(4)(A)	IN GENERAL. The Secretary shall specify the process for renegotiation of maximum fair prices with the manufacturer of a renegotiation-eligible drug selected for renegotiation under this subsection.
450	82.16 - 83.8	[SEC. 11001.(a)] SEC. 1194.(f)(4)(B)	CONSISTENT WITH NEGOTIATION PROCESS. The process specified under subparagraph (A) shall, to the extent practicable, be consistent with the methodology and process established under subsection (b) and in accordance with subsections (c), (d), and (e), and for purposes of applying subsections (c)(1)(A) and (d), the reference to the first initial price applicability year of the price applicability period with respect to such drug shall be treated as the first initial price applicability year of such period for which the maximum fair price established pursuant to such renegotiation applies, including for applying subsection (c)(3)(B) in the case of renegotiation-eligible drugs described in paragraph (3)(A) of this subsection and subsection (c)(3)(C) in the case of renegotiation-eligible drugs described in paragraph (3)(B) of this subsection.
452	83.9 - 83.13	[SEC. 11001.(a)] SEC. 1194.(f)(5)	CLARIFICATION. A renegotiation-eligible drug for which the Secretary makes a determination described in section 1192(c)(1) before or during the period of renegotiation shall not be subject to the renegotiation process under this section.
453	83.14 - 83.18	[SEC. 11001.(a)] SEC. 1194.(g)	CLARIFICATION. The maximum fair price for a selected drug described in subparagraph (A) or (B) of paragraph (1) shall take effect no later than the first day of the first calendar quarter that begins after the date described in subparagraph (A) or (B), as applicable.
454	83.19 - 83.19	[SEC. 11001.(a)] PART E SEC. 1195.	PUBLICATION OF MAXIMUM FAIR PRICES.
455	83.20 - 83.22	[SEC. 11001.(a)] SEC. 1195.(a)	IN GENERAL. With respect to an initial price applicability year and a selected drug with respect to such year
456	83.23 - 84.2	[SEC. 11001.(a)] SEC. 1195.(a)(1)	not later than November 30 of the year that is 2 years prior to such initial price applicability year, the Secretary shall publish the maximum fair price for such drug negotiated with the manufacturer of such drug under this part; and
457	84.3 - 84.8	[SEC. 11001.(a)] SEC. 1195.(a)(2)	not later than March 1 of the year prior to such initial price applicability year, the Secretary shall publish, subject to section 1193(c), the explanation for the maximum fair price with respect to the factors as applied under section 1194(e) for such drug described in paragraph (1).
458	84.9 - 84.9	[SEC. 11001.(a)] SEC. 1195.(b)	UPDATES.
459	84.10 - 84.19	[SEC. 11001.(a)] SEC. 1195.(b)(1)	SUBSEQUENT YEAR MAXIMUM FAIR PRICES. For a selected drug, for each year subsequent to the first initial price applicability year of the price applicability period with respect to such drug, with respect to which an agreement for such drug is in effect under section 1193, not later than November 30 of the year that is 2 years prior to such subsequent year, the Secretary shall publish the maximum fair price applicable to such drug and year, which shall be
460	84.20 - 85.2	[SEC. 11001.(a)] SEC. 1195.(b)(1)(A)	subject to subparagraph (B), the amount equal to the maximum fair price published for such drug for the previous year, increased by the annual percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with the July immediately preceding such November 30; or
461	85.3 - 85.6	[SEC. 11001.(a)] SEC. 1195.(b)(1)(B)	in the case the maximum fair price for such drug was renegotiated, for the first year for which such price as so renegotiated applies, such renegotiated maximum fair price.
462	85.7 - 85.14	[SEC. 11001.(a)] SEC. 1195.(b)(2)	PRICES NEGOTIATED AFTER DEADLINE. In the case of a selected drug with respect to an initial price applicability year for which the maximum fair price is determined under this part after the date of publication under this section, the Secretary shall publish such maximum fair price by not later than 30 days after the date such maximum price is so determined.
463	85.15 - 85.16	[SEC. 11001.(a)] PART E SEC. 1196.	ADMINISTRATIVE DUTIES AND COMPLIANCE MONITORING.
464	85.17 - 85.19	[SEC. 11001.(a)] SEC. 1196.(a)	ADMINISTRATIVE DUTIES. For purposes of section 1191(a)(4), the administrative duties described in this section are the following:
465	85.20 - 85.22	[SEC. 11001.(a)] SEC. 1196.(a)(1)	The establishment of procedures to ensure that the maximum fair price for a selected drug is applied before
466	85.23 - 86.3	[SEC. 11001.(a)] SEC. 1196.(a)(1)(A)	any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of maximum fair price eligible individuals; and
467	86.4 - 86.4	[SEC. 11001.(a)] SEC. 1196.(a)(1)(B)	any other discounts.
468	86.5 - 86.9	[SEC. 11001.(a)] SEC. 1196.(a)(2)	The establishment of procedures to compute and apply the maximum fair price across different strengths and dosage forms of a selected drug and not based on the specific formulation or package size or package type of such drug.
469	86.10 - 86.12	[SEC. 11001.(a)] SEC. 1196.(a)(3)	The establishment of procedures to carry out the provisions of this part, as applicable, with respect to
470	86.13 - 86.16	[SEC. 11001.(a)] SEC. 1196.(a)(3)(A)	maximum fair price eligible individuals who are enrolled in a prescription drug plan under part D of title XVIII or an MA–PD plan under part C of such title; and
471	86.17 - 86.20	[SEC. 11001.(a)] SEC. 1196.(a)(3)(B)	maximum fair price eligible individuals who are enrolled under part B of such title, including who are enrolled in an MA plan under part C of such title.
472	86.21 - 86.23	[SEC. 11001.(a)] SEC. 1196.(a)(4)	The establishment of a negotiation process and renegotiation process in accordance with section 1194.
473	87.1 - 87.3	[SEC. 11001.(a)] SEC. 1196.(a)(5)	The establishment of a process for manufacturers to submit information described in section 1194(b)(2)(A).
474	87.4 - 87.11	[SEC. 11001.(a)] SEC. 1196.(a)(6)	The sharing with the Secretary of the Treasury of such information as is necessary to determine the tax imposed by section 5000D of the Internal Revenue Code of 1986, including the application of such tax to a manufacturer, producer, or importer or the determination of any date described in section 5000D(c)(1) of such Code. For purposes of the preceding sentence, such information shall include
475	87.12 - 87.17	[SEC. 11001.(a)] SEC. 1196.(a)(6)(A)	the date on which the Secretary receives notification of any termination of an agreement under the Medicare coverage gap discount program under section 1860D-14A and the date on which any subsequent agreement under such program is entered into;
476	87.18 - 87.23	[SEC. 11001.(a)] SEC. 1196.(a)(6)(B)	the date on which the Secretary receives notification of any termination of an agreement under the manufacturer discount program under section 1860D-14C and the date on which any subsequent agreement under such program is entered into; and
477	87.24 - 88.3	[SEC. 11001.(a)] SEC. 1196.(a)(6)(C)	the date on which the Secretary receives notification of any termination of a rebate agreement described in section 1927(b) and the date on which any subsequent rebate agreement described in such section is entered into.
478	88.4 - 88.5	[SEC. 11001.(a)] SEC. 1196.(a)(7)	The establishment of procedures for purposes of applying section 1192(d)(2)(B).
479	88.6 - 88.10	[SEC. 11001.(a)] SEC. 1196.(b)	COMPLIANCE MONITORING. The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under section 1193 and establish a mechanism through which violations of such terms shall be reported.
480	88.11 - 88.11	[SEC. 11001.(a)] PART E SEC. 1197.	CIVIL MONETARY PENALTIES.
481	88.12 - 88.18	[SEC. 11001.(a)] SEC. 1197.(a)	VIOLATIONS RELATING TO OFFERING OF MAXIMUM FAIR PRICE. Any manufacturer of a selected drug that has entered into an agreement under section 1193, with respect to a year during the price applicability period with respect to such drug, that does not provide access to a price that is equal to or less than the maximum fair price for such drug for such year
482	88.19 - 88.25	[SEC. 11001.(a)] SEC. 1197.(a)(1)	to a maximum fair price eligible individual who with respect to such drug is described in subparagraph (A) of section 1191(c)(2) and who is dispensed such drug during such year (and to pharmacies, mail order services, and other dispensers, with respect to such maximum fair price eligible individuals who are dispensed such drugs); or
483	89.1 - 89.15	[SEC. 11001.(a)] SEC. 1197.(a)(2)	to a hospital, physician, or other provider of services or supplier with respect to maximum fair price eligible individuals who with respect to such drug is described in subparagraph (B) of such section and is furnished or administered such drug by such hospital, physician, or provider or supplier during such year; shall be subject to a civil monetary penalty equal to ten times the amount equal to the product of the number of units of such drug so furnished, dispensed, or administered during such year and the difference between the price for such drug made available for such year by such manufacturer with respect to such individual or hospital, physician, provider of services, or supplier and the maximum fair price for such drug for such year.
484	89.16 - 89.24	[SEC. 11001.(a)] SEC. 1197.(b)	VIOLATIONS OF CERTAIN TERMS OF AGREEMENT. Any manufacturer of a selected drug that has entered into an agreement under section 1193, with respect to a year during the price applicability period with respect to such drug, that is in violation of a requirement imposed pursuant to section 1193(a)(5), including the requirement to submit information pursuant to section 1193(a)(4), shall be subject to a civil monetary penalty equal to $1,000,000 for each day of such violation.
485	90.1 - 90.4	[SEC. 11001.(a)] SEC. 1197.(c)	FALSE INFORMATION. Any manufacturer that knowingly provides false information pursuant to section 1196(a)(7) shall be subject to a civil monetary penalty equal to $100,000,000 for each item of such false information.
486	90.5 - 90.9	[SEC. 11001.(a)] SEC. 1197.(d)	APPLICATION. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this section in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).
487	90.10 - 90.13	[SEC. 11001.(a)] PART E SEC. 1198.	LIMITATION ON ADMINISTRATIVE AND JUDICIAL REVIEW. ‘‘There shall be no administrative or judicial review of any of the following:
488	90.14 - 90.16	[SEC. 11001.(a)] SEC. 1198.(1)	The determination of a unit, with respect to a drug or biological product, pursuant to section 1191(c)(6).
489	90.17 - 90.20	[SEC. 11001.(a)] SEC. 1198.(2)	The selection of drugs under section 1192(b), the determination of negotiation-eligible drugs under section 1192(d), and the determination of qualifying single source drugs under section 1192(e).
490	90.21 - 90.22	[SEC. 11001.(a)] SEC. 1198.(3)	The determination of a maximum fair price under subsection (b) or (f) of section 1194.
491	90.23 - 90.25	[SEC. 11001.(a)] SEC. 1198.(4)	The determination of renegotiation-eligible drugs under section 1194(f)(2) and the selection of renegotiation-eligible drugs under section 1194(f)(3).’’.
492	91.1 - 91.2	SEC. 11001.(b)	APPLICATION OF MAXIMUM FAIR PRICES AND CONFORMING AMENDMENTS.
493	91.3 - 91.3	SEC. 11001.(b)(1)	UNDER MEDICARE.
494	91.4 - 91.14	SEC. 11001.(b)(1)(A)	APPLICATION TO PAYMENTS UNDER PART B. Section 1847A(b)(1)(B) of the Social Security Act (42 U.S.C. 1395w–3a(b)(1)(B)) is amended by inserting ‘‘or in the case of such a drug or biological product that is a selected drug (as referred to in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), 106 percent of the maximum fair price (as defined in section 1191(c)(3)) applicable for such drug and a year during such period’’ after ‘‘paragraph (4)’’.
496	91.15 - 91.19	SEC. 11001.(b)(1)(B)	APPLICATION UNDER MA OF COSTSHARING FOR PART B DRUGS BASED OFF OF NEGOTIATED PRICE. Section 1852(a)(1)(B)(iv) of the Social Security Act (42 U.S.C. 1395w– 22(a)(1)(B)(iv)) is amended
497	91.20 - 91.21	SEC. 11001.(b)(1)(B)(i)	by redesignating subclause (VII) as subclause (VIII); and
498	91.22 - 91.23	SEC. 11001.(b)(1)(B)(ii)	by inserting after subclause (VI) the following subclause:
499	92.1 - 92.3	[SEC. 11001.(b)(1)(B)(ii)] (VII)	A drug or biological product that is a selected drug (as referred to in section 1192(c)).’’.
500	92.4 - 92.7	SEC. 11001.(b)(1)(C)	EXCEPTION TO PART D NON-INTERFERENCE. Section 1860D–11(i) of the Social Security Act (42 U.S.C. 1395w–111(i)) is amended
501	92.8 - 92.9	SEC. 11001.(b)(1)(C)(i)	in paragraph (1), by striking ‘‘and’’ at the end;
502	92.10 - 92.14	SEC. 11001.(b)(1)(C)(ii)	in paragraph (2), by striking ‘‘or institute a price structure for the reimbursement of covered part D drugs.’’ and inserting ‘‘, except as provided under section 1860D–4(b)(3)(l); and’’; and
503	92.15 - 92.16	SEC. 11001.(b)(1)(C)(iii)	by adding at the end the following new paragraph:
504	92.17 - 92.19	[SEC. 11001.(b)(1)(C)(iii)] (3)	may not institute a price structure for the reimbursement of covered part D drugs, except as provided under part E of title XI.’’.
505	92.20 - 92.23	SEC. 11001.(b)(1)(D)	APPLICATION AS NEGOTIATED PRICE UNDER PART D. Section 1860D–2(d)(1) of the Social Security Act (42 U.S.C. 1395w– 102(d)(1)) is amended
506	93.1 - 93.3	SEC. 11001.(b)(1)(D)(i)	in subparagraph (B), by inserting ‘‘, subject to subparagraph (D),’’ after ‘‘negotiated prices’’; and
507	93.4 - 93.5	SEC. 11001.(b)(1)(D)(ii)	by adding at the end the following new subparagraph:
508	93.6 - 93.17	[SEC. 11001.(b)(1)(D)(ii)] (D)	APPLICATION OF MAXIMUM FAIR PRICE FOR SELECTED DRUGS. In applying this section, in the case of a covered part D drug that is a selected drug (as referred to in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), the negotiated prices used for payment (as described in this subsection) shall be no greater than the maximum fair price (as defined in section 1191(c)(3)) for such drug and for each year during such period plus any dispensing fees for such drug.’’.
509	93.18 - 93.22	SEC. 11001.(b)(1)(E)	COVERAGE OF SELECTED DRUGS. Section 1860D–4(b)(3) of the Social Security Act (42 U.S.C. 1395w–104(b)(3)) is amended by adding at the end the following new subparagraph:
510	93.23 - 93.24	[SEC. 11001.(b)(1)(E)] (I)	REQUIRED INCLUSION OF SELECTED DRUGS.
511	94.1 - 94.7	[SEC. 11001.(b)(1)(E)] (i)	IN GENERAL. For 2026 and each subsequent year, the PDP sponsor offering a prescription drug plan shall include each covered part D drug that is a selected drug under section 1192 for which a maximum fair price (as defined in section 1191(c)(3)) is in effect with respect to the year.
512	94.8 - 94.14	[SEC. 11001.(b)(1)(E)] (ii)	CLARIFICATION. Nothing in clause (i) shall be construed as prohibiting a PDP sponsor from removing such a selected drug from a formulary if such removal would be permitted under section 423.120(b)(5)(iv) of title 42, Code of Federal Regulations (or any successor regulation).’’.
513	94.15 - 94.16	SEC. 11001.(b)(1)(F)	INFORMATION FROM PRESCRIPTION DRUG PLANS AND MA–PD PLANS REQUIRED.
514	94.17 - 94.21	SEC. 11001.(b)(1)(F)(i)	PRESCRIPTION DRUG PLANS. Section 1860D–12(b) of the Social Security Act (42 U.S.C. 1395w–112(b)) is amended by adding at the end the following new paragraph:
515	94.22 - 95.3	[SEC. 11001.(b)(1)(F)(i)] (8)	PROVISION OF INFORMATION RELATED TO MAXIMUM FAIR PRICES. Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall require the sponsor to provide information to the Secretary as requested by the Secretary for purposes of carrying out section 1194.’’.
516	95.4 - 95.8	SEC. 11001.(b)(1)(F)(ii)	MA–PD PLANS. Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w–27(f)(3)) is amended by adding at the end the following new subparagraph:
517	95.9 - 95.11	[SEC. 11001.(b)(1)(F)(ii)] (E)	PROVISION OF INFORMATION RELATED TO MAXIMUM FAIR PRICES. Section 1860D– 12(b)(8).’’.
518	95.12 - 95.12	SEC. 11001.(b)(1)(G)	CONDITIONS FOR COVERAGE.
519	95.13 - 95.15	SEC. 11001.(b)(1)(G)(i)	MEDICARE PART D. Section 1860D–43(c) of the Social Security Act (42 U.S.C. 1395w–153(c)) is amended
520	95.16 - 95.18	SEC. 11001.(b)(1)(G)(i)(I)	by redesignating paragraphs (1)  and (2) as subparagraphs (A) and (B), respectively;
523	95.19 - 95.23	SEC. 11001.(b)(1)(G)(i)(II)	by striking ‘‘AGREEMENTS. Subsection’’ and inserting the following: ‘‘AGREEMENTS. (1)  IN GENERAL. Subject to paragraph (2), subsection’’; and
525	95.24 - 95.25	SEC. 11001.(b)(1)(G)(i)(III)	by adding at the end the following new paragraph:
526	96.1 - 96.5	[SEC. 11001.(b)(1)(G)(i)(III)] (2)	EXCEPTION. Paragraph (1)(A) shall not apply to a covered part D drug of a manufacturer for any period described in section 5000D(c)(1) of the Internal Revenue Code of 1986 with respect to the manufacturer.’’.
527	96.6 - 96.15	SEC. 11001.(b)(1)(G)(ii)	MEDICAID AND MEDICARE PART B. Section 1927(a)(3) of the Social Security Act (42 U.S.C. 1396r–8(a)(3)) is amended by adding at the end the following new sentence: ‘‘The preceding sentence shall not apply to a single source drug or innovator multiple source drug of a manufacturer for any period described in section 5000D(c)(1) of the Internal Revenue Code of 1986 with respect to the manufacturer.’’.
528	96.16 - 96.17	SEC. 11001.(b)(1)(H)	DISCLOSURE OF INFORMATION UNDER MEDICARE PART D.
529	96.18 - 96.23	SEC. 11001.(b)(1)(H)(i)	CONTRACT REQUIREMENTS. Section 1860D–12(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1395w– 112(b)(3)(D)(i)) is amended by inserting ‘‘, or carrying out part E of title XI’’ after ‘‘appropriate)’’.
530	96.24 - 97.3	SEC. 11001.(b)(1)(H)(ii)	SUBSIDIES. Section 1860D– 15(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395w–115(f)(2)(A)(i)) is amended by inserting ‘‘or part E of title XI’’ after ‘‘this section’’.
531	97.4 - 97.7	SEC. 11001.(b)(2)	DRUG PRICE NEGOTIATION PROGRAM PRICES INCLUDED IN BEST PRICE. Section 1927(c)(1)(C) of the Social Security Act (42 U.S.C. 1396r–8(c)(1)(C)) is amended
532	97.8 - 97.10	SEC. 11001.(b)(2)(A)	in clause (i)(VI), by striking ‘‘any prices charged’’ and inserting ‘‘subject to clause (ii)(V), any prices charged’’; and
534	97.11 - 97.11	SEC. 11001.(b)(2)(B)	in clause (ii)
535	97.12 - 97.13	SEC. 11001.(b)(2)(B)(i)	in subclause (III), by striking ‘‘; and’’ at the end;
536	97.14 - 97.16	SEC. 11001.(b)(2)(B)(ii)	in subclause (IV), by striking the period at the end and inserting ‘‘; and’’; and
537	97.17 - 97.18	SEC. 11001.(b)(2)(B)(iii)	by adding at the end the following new subclause:
538	97.19 - 98.2	[SEC. 11001.(b)(2)(B)(iii)] (V)	in the case of a rebate period and a covered outpatient drug that is a selected drug (as referred to in section 1192(c)) during such rebate period, shall be inclusive of the maximum fair price (as defined in section 1191(c)(3)) for such drug with respect to such period.’’.
539	98.3 - 98.6	SEC. 11001.(b)(3)	MAXIMUM FAIR PRICES EXCLUDED 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)) is amended
540	98.7 - 98.8	SEC. 11001.(b)(3)(A)	in subclause (IV) by striking ‘‘; and’’ at the end;
541	98.9 - 98.10	SEC. 11001.(b)(3)(B)	in subclause (V) by striking the period at the end and inserting ‘‘; and’’; and
542	98.11 - 98.12	SEC. 11001.(b)(3)(C)	by adding at the end the following new subclause:
543	98.13 - 98.16	[SEC. 11001.(b)(3)(C)] (VI)	any reduction in price paid during the rebate period to the manufacturer for a drug by reason of application of part E of title XI.’’.
544	98.17 - 98.21	SEC. 11001.(c)	IMPLEMENTATION FOR 2026 THROUGH 2028. The Secretary of Health and Human Services shall implement this section, including the amendments made by this section, for 2026, 2027, and 2028 by program instruction or other forms of program guidance.
545	99.1 - 99.3	TITLE I Subtitle B PART 1 SEC. 11002.	SPECIAL RULE TO DELAY SELECTION AND NEGOTIATION OF BIOLOGICS FOR BIOSIMILAR MARKET ENTRY.
546	99.4 - 99.5	SEC. 11002.(a)	IN GENERAL. Part E of title XI of the Social Security Act, as added by section 11001, is amended
547	99.6 - 99.6	SEC. 11002.(a)(1)	in section 1192
548	99.7 - 99.9	SEC. 11002.(a)(1)(A)	in subsection (a), in the flush matter following paragraph (4), by inserting ‘‘and subsection (b)(3)’’ after ‘‘the previous sentence’’;
549	99.10 - 99.10	SEC. 11002.(a)(1)(B)	in subsection (b)
550	99.11 - 99.12	SEC. 11002.(a)(1)(B)(i)	in paragraph (1), by adding at the end the following new subparagraph:
551	99.13 - 99.19	[SEC. 11002.(a)(1)(B)(i)] (C)	In the case of a biological product for which the inclusion of the biological product as a selected drug on a list published under subsection (a) has been delayed under subsection (f)(2), remove such biological product from the rankings under subparagraph (A) before making the selections under subparagraph (B).’’; and
553	99.20 - 99.21	SEC. 11002.(a)(1)(B)(ii)	by adding at the end the following new paragraph:
554	99.22 - 100.3	[SEC. 11002.(a)(1)(B)(ii)] (3)	INCLUSION OF DELAYED BIOLOGICAL PRODUCTS. Pursuant to subparagraphs (B)(ii)(I) and (C)(i) of subsection (f)(2), the Secretary shall select and include on the list published under subsection (a) the biological products described in such subparagraphs. Such biological products shall count towards the required number of drugs to be selected under subsection (a)(1).’’; and
556	100.4 - 100.5	SEC. 11002.(a)(1)(C)	by adding at the end the following new subsection:
557	100.6 - 100.8	[SEC. 11002.(a)(1)(C)] (f)	SPECIAL RULE TO DELAY SELECTION AND NEGOTIATION OF BIOLOGICS FOR BIOSIMILAR MARKET ENTRY.
558	100.9 - 100.9	[SEC. 11002.(a)(1)(C)] (f)(1)	APPLICATION.
559	100.10 - 101.2	[SEC. 11002.(a)(1)(C)] (f)(1)(A)	IN GENERAL. Subject to subparagraph (B), in the case of a biological product that would (but for this subsection) be an extended-monopoly drug (as defined in section 1194(c)(4)) included as a selected drug on the list published under subsection (a) with respect to an initial price applicability year, the rules described in paragraph (2) shall apply if the Secretary determines that there is a high likelihood (as described in paragraph (3)) that a biosimilar biological product (for which such biological product will be the reference product) will be licensed and marketed under section 351(k) of the Public Health Service Act before the date that is 2 years after the selected drug publication date with respect to such initial price applicability year.
560	101.3 - 101.3	[SEC. 11002.(a)(1)(C)] (f)(1)(B)	REQUEST REQUIRED.
561	101.4 - 101.5	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(i)	IN GENERAL. The Secretary shall not provide for a delay under
562	101.6 - 101.16	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(i)(I)	paragraph (2)(A) unless a request is made for such a delay by a manufacturer of a biosimilar biological product prior to the selected drug publication date for the list published under subsection (a) with respect to the initial price applicability year for which the biological product may have been included as a selected drug on such list but for subparagraph (2)(A); or
563	101.17 - 102.3	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(i)(II)	paragraph (2)(B)(iii) unless a request is made for such a delay by such a manufacturer prior to the selected drug publication date for the list published under subsection (a) with respect to the initial price applicability year that is 1 year after the initial price applicability year for which the biological product described in subsection (a) would have been included as a selected drug on such list but for paragraph (2)(A).
564	102.4 - 102.5	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(ii)	INFORMATION AND DOCUMENTS.
565	102.6 - 102.11	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(ii)(I)	IN GENERAL. A request made under clause (i) shall be submitted to the Secretary by such manufacturer at a time and in a form and manner specified by the Secretary, and contain
566	102.12 - 102.18	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(ii)(I)(aa)	information and documents necessary for the Secretary to make determinations under this subsection, as specified by the Secretary and including, to the extent available, items described in subclause (III); and
567	102.19 - 103.2	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(ii)(I)(bb)	all agreements related to the biosimilar biological product filed with the Federal Trade Commission or the Assistant Attorney General pursuant to subsections (a) and (c) of section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.
568	103.3 - 103.11	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(ii)(II)	ADDITIONAL INFORMATION AND DOCUMENTS. After the Secretary has reviewed the request and materials submitted under subclause (I), the manufacturer shall submit any additional information and documents requested by the Secretary necessary to make determinations under this subsection.
569	103.12 - 103.14	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(ii)(III)	ITEMS DESCRIBED. The items described in this clause are the following:
570	103.15 - 103.20	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(ii)(III)(aa)	The manufacturing schedule for such biosimilar biological product submitted to the Food and Drug Administration during its review of the application under such section 351(k).
571	103.21 - 104.14	[SEC. 11002.(a)(1)(C)] (f)(1)(B)(ii)(III)(bb)	Disclosures (in filings by the manufacturer of such biosimilar biological product with the Securities and Exchange Commission required under section 12(b), 12(g), 13(a), or 15(d) of the Securities Exchange Act of 1934 about capital investment, revenue expectations, and actions taken by the manufacturer that are typical of the normal course of business in the year (or the 2 years, as applicable) before marketing of a biosimilar biological product) that pertain to the marketing of such biosimilar biological product, or comparable documentation that is distributed to the shareholders of privately held companies.
572	104.15 - 104.15	[SEC. 11002.(a)(1)(C)] (f)(1)(C)	AGGREGATION RULE.
573	104.16 - 104.21	[SEC. 11002.(a)(1)(C)] (f)(1)(C)(i)	IN GENERAL. All persons treated as a single employer under subsection (a) or (b)  of section 52 of the Internal Revenue Code of 1986, or in a partnership, shall be treated as one manufacturer for purposes of paragraph (2)(D)(iv).
575	104.22 - 105.4	[SEC. 11002.(a)(1)(C)] (f)(1)(C)(ii)	PARTNERSHIP DEFINED. In clause (i), the term ‘partnership’ means a syndicate, group, pool, joint venture, or other organization through or by means of which any business, financial operation, or venture is carried on by the manufacturer of the biological product and the manufacturer of the biosimilar biological product.
576	105.5 - 105.6	[SEC. 11002.(a)(1)(C)] (f)(2)	RULES DESCRIBED. The rules described in this paragraph are the following:
577	105.7 - 105.17	[SEC. 11002.(a)(1)(C)] (f)(2)(A)	DELAYED SELECTION AND NEGOTIATION FOR 1 YEAR. If a determination of high likelihood is made under paragraph (3), the Secretary shall delay the inclusion of the biological product as a selected drug on the list published under subsection (a) until such list is published with respect to the initial price applicability year that is 1 year after the initial price applicability year for which the biological product would have been included as a selected drug on such list.
578	105.18 - 105.19	[SEC. 11002.(a)(1)(C)] (f)(2)(B)	IF NOT LICENSED AND MARKETED DURING THE INITIAL DELAY.
579	105.20 - 106.15	[SEC. 11002.(a)(1)(C)] (f)(2)(B)(i)	IN GENERAL. If, during the time period between the selected drug publication date on which the biological product would have been included on the list as a selected drug pursuant to subsection (a) but for subparagraph (A) and the selected drug publication date with respect to the initial price applicability year that is 1 year after the initial price applicability year for which such biological product would have been included as a selected drug on such list, the Secretary determines that the biosimilar biological product for which the manufacturer submitted the request under paragraph (1)(B)(i)(II) (and for which the Secretary previously made a high likelihood determination under paragraph (3)) has not been licensed and marketed under section 351(k) of the Public Health Service Act, the Secretary shall, at the request of such manufacturer
581	106.16 - 107.2	[SEC. 11002.(a)(1)(C)] (f)(2)(B)(i)(I)	reevaluate whether there is a high likelihood (as described in paragraph (3)) that such biosimilar biological product will be licensed and marketed under such section 351(k) before the date that is 2 years after the selected drug publication date for which such biological product would have been included as a selected drug on such list published but for subparagraph (A); and
582	107.3 - 107.16	[SEC. 11002.(a)(1)(C)] (f)(2)(B)(i)(II)	evaluate whether, on the basis of clear and convincing evidence, the manufacturer of such biosimilar biological product has made a significant amount of progress (as determined by the Secretary) towards both such licensure and the marketing of such biosimilar biological product (based on information from items described in subclauses (I)(bb) and (II) of paragraph (1)(B)(ii)) since the receipt by the Secretary of the request made by such manufacturer under paragraph (1)(B)(i)(I).
584	107.17 - 107.23	[SEC. 11002.(a)(1)(C)] (f)(2)(B)(ii)	SELECTION AND NEGOTIATION. If the Secretary determines that there is not a high likelihood that such biosimilar biological product will be licensed and marketed as described in clause (i)(I) or there has not been a significant amount of progress as described in clause (i)(II)
585	107.24 - 108.8	[SEC. 11002.(a)(1)(C)] (f)(2)(B)(ii)(I)	the Secretary shall include the biological product as a selected drug on the list published under subsection (a) with respect to the initial price applicability year that is 1 year after the initial price applicability year for which such biological product would have been included as a selected drug on such list but for subparagraph (A); and
587	108.9 - 108.15	[SEC. 11002.(a)(1)(C)] (f)(2)(B)(ii)(II)	the manufacturer of such biological product shall pay a rebate under paragraph (4) with respect to the year for which such manufacturer would have provided access to a maximum fair price for such biological product but for subparagraph (A).
588	108.16 - 109.9	[SEC. 11002.(a)(1)(C)] (f)(2)(B)(iii)	SECOND 1-YEAR DELAY. If the Secretary determines that there is a high likelihood that such biosimilar biological product will be licensed and marketed (as described in clause (i)(I)) and a significant amount of progress has been made by the manufacturer of such biosimilar biological product towards such licensure and marketing (as described in clause (i)(II)), the Secretary shall delay the inclusion of the biological product as a selected drug on the list published under subsection (a) until the selected drug publication date of such list with respect to the initial price applicability year that is 2 years after the initial price applicability year for which such biological product would have been included as a selected drug on such list but for this subsection.
589	109.10 - 109.23	[SEC. 11002.(a)(1)(C)] (f)(2)(C)	IF NOT LICENSED AND MARKETED DURING THE YEAR TWO DELAY. If, during the time period between the selected drug publication date of the list for which the biological product would have been included as a selected drug but for subparagraph (B)(iii) and the selected drug publication date with respect to the initial price applicability year that is 2 years after the initial price applicability year for which such biological product would have been included as a selected drug on such list but for this subsection, the Secretary determines that such biosimilar biological product has not been licensed and marketed
590	109.24 - 110.5	[SEC. 11002.(a)(1)(C)] (f)(2)(C)(i)	the Secretary shall include such biological product as a selected drug on such list with respect to the initial price applicability year that is 2 years after the initial price applicability year for which such biological product would have been included as a selected drug on such list; and
591	110.6 - 110.12	[SEC. 11002.(a)(1)(C)] (f)(2)(C)(ii)	the manufacturer of such biological product shall pay a rebate under paragraph (4) with respect to the years for which such manufacturer would have provided access to a maximum fair price for such biological product but for this subsection.
592	110.13 - 110.13	[SEC. 11002.(a)(1)(C)] (f)(2)(D)	LIMITATIONS ON DELAYS.
593	110.14 - 110.17	[SEC. 11002.(a)(1)(C)] (f)(2)(D)(i)	LIMITED TO 2 YEARS. In no case shall the Secretary delay the inclusion of a biological product on the list published under subsection (a) for more than 2 years.
594	110.18 - 111.5	[SEC. 11002.(a)(1)(C)] (f)(2)(D)(ii)	EXCLUSION OF BIOLOGICAL PRODUCTS THAT TRANSITIONED TO A LONGMONOPOLY DRUG DURING THE DELAY. In the case of a biological product for which the inclusion on the list published pursuant to subsection (a) was delayed by 1 year under subparagraph (A) and for which there would have been a change in status to a long-monopoly drug (as defined in section 1194(c)(5)) if such biological product had been a selected drug, in no case may the Secretary provide for a second 1-year delay under subparagraph (B)(iii).
595	111.6 - 111.16	[SEC. 11002.(a)(1)(C)] (f)(2)(D)(iii)	EXCLUSION OF BIOLOGICAL PRODUCTS IF MORE THAN 1 YEAR SINCE LICENSURE. In no case shall the Secretary delay the inclusion of a biological product on the list published under subsection (a) if more than 1 year has elapsed since the biosimilar biological product has been licensed under section 351(k) of the Public Health Service Act and marketing has not commenced for such biosimilar biological product.
596	111.17 - 111.25	[SEC. 11002.(a)(1)(C)] (f)(2)(D)(iv)	CERTAIN MANUFACTURERS OF BIOSIMILAR BIOLOGICAL PRODUCTS EXCLUDED. In no case shall the Secretary delay the inclusion of a biological product as a selected drug on the list published under subsection (a) if Secretary determined that the manufacturer of the biosimilar biological product described in paragraph (1)(A)
597	112.1 - 112.5	[SEC. 11002.(a)(1)(C)] (f)(2)(D)(iv)(I)	is the same as the manufacturer of the reference product described in such paragraph or is treated as being the same pursuant to paragraph (1)(C); or
599	112.6 - 112.12	[SEC. 11002.(a)(1)(C)] (f)(2)(D)(iv)(II)	has, based on information from items described in paragraph (1)(B)(ii)(I)(bb), entered into any agreement described in such paragraph with the manufacturer of the reference product described in paragraph (1)(A) that
601	112.13 - 112.17	[SEC. 11002.(a)(1)(C)] (f)(2)(D)(iv)(II)(aa)	requires or incentivizes the manufacturer of the biosimilar biological product to submit a request described in paragraph (1)(B); or
603	112.18 - 112.23	[SEC. 11002.(a)(1)(C)] (f)(2)(D)(iv)(II)(bb)	restricts the quantity (either directly or indirectly) of the biosimilar biological product that may be sold in the United States over a specified period of time.
604	112.24 - 113.2	[SEC. 11002.(a)(1)(C)] (f)(3)	HIGH LIKELIHOOD. For purposes of this subsection, there is a high likelihood described in paragraph (1) or paragraph (2), as applicable, if the Secretary finds that
605	113.3 - 113.7	[SEC. 11002.(a)(1)(C)] (f)(3)(A)	an application for licensure under section 351(k) of the Public Health Service Act for the biosimilar biological product has been accepted for review or approved by the Food and Drug Administration; and
606	113.8 - 113.15	[SEC. 11002.(a)(1)(C)] (f)(3)(B)	information from items described in sub clauses (I)(bb) and (III) of paragraph (1)(B)(ii) submitted to the Secretary by the manufacturer requesting a delay under such paragraph provides clear and convincing evidence that such biosimilar biological product will, within the time period specified under paragraph (1)(A) or (2)(B)(i)(I), be marketed.
608	113.16 - 113.16	[SEC. 11002.(a)(1)(C)] (f)(4)	REBATE.
609	113.17 - 114.2	[SEC. 11002.(a)(1)(C)] (f)(4)(A)	IN GENERAL. For purposes of subparagraphs (B)(ii)(II) and (C)(ii) of paragraph (2), in the case of a biological product for which the inclusion on the list under subsection (a) was delayed under this subsection and for which the Secretary has negotiated and entered into an agreement under section 1193 with respect to such biological product, the manufacturer shall be required to pay a rebate to the Secretary at such time and in such manner as determined by the Secretary.
611	114.3 - 114.6	[SEC. 11002.(a)(1)(C)] (f)(4)(B)	AMOUNT. Subject to subparagraph (C), the amount of the rebate under subparagraph (A) with respect to a biological product shall be equal to the estimated amount
613	114.7 - 114.10	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(i)	in the case of a biological product that is a covered part D drug (as defined in section 1860D–2(e)), that is the sum of the products of
614	114.11 - 114.12	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(i)(I)	75 percent of the amount by which
615	114.13 - 115.2	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(i)(I)(aa)	the average manufacturer price, as reported by the manufacturer of such covered part D drug under section 1927 (or, if not reported by such manufacturer under section 1927, as reported by such manufacturer to the Secretary pursuant to the agreement under section 1193(a)) for such biological product, with respect to each of the calendar quarters of the price applicability period that would have applied but for this subsection; exceeds
616	115.3 - 115.5	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(i)(I)(bb)	in the initial price applicability year that would have applied but for a delay under
617	115.6 - 115.11	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(i)(I)(bb)(AA)	paragraph (2)(A), the maximum fair price negotiated under section 1194 for such biological product under such agreement; or
619	115.12 - 115.16	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(i)(I)(bb)(BB)	paragraph (2)(B)(iii), such maximum fair price, increased as described in section 1195(b)(1)(A); and
621	115.17 - 115.21	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(i)(II)	the number of units dispensed under part D of title XVIII for such covered part D drug during each such calendar quarter of such price applicability period; and
622	115.22 - 115.25	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(ii)	in the case of a biological product for which payment may be made under part B of title XVIII, that is the sum of the products of
623	116.1 - 116.2	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(ii)(I)	80 percent of the amount by which
624	116.3 - 116.9	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(ii)(I)(aa)	the payment amount for such biological product under section 1847A(b), with respect to each of the calendar quarters of the price applicability period that would have applied but for this subsection; exceeds
625	116.10 - 116.12	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(ii)(I)(bb)	in the initial price applicability year that would have applied but for a delay under
626	116.13 - 116.18	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(ii)(I)(bb)(AA)	paragraph (2)(A), the maximum fair price negotiated under section 1194 for such biological product under such agreement; or
628	116.19 - 116.23	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(ii)(I)(bb)(BB)	paragraph (2)(B)(iii), such maximum fair price, increased as described in section 1195(b)(1)(A); and
630	116.24 - 117.8	[SEC. 11002.(a)(1)(C)] (f)(4)(B)(ii)(II)	the number of units (excluding units that are packaged into the payment amount for an item or service and are not separately payable under such part B) of the billing and payment code of such biological product administered or furnished under such part B during each such calendar quarter of such price applicability period.
631	117.9 - 117.11	[SEC. 11002.(a)(1)(C)] (f)(4)(C)	SPECIAL RULE FOR DELAYED BIOLOGICAL PRODUCTS THAT ARE LONG-MONOPOLY DRUGS.
632	117.12 - 117.24	[SEC. 11002.(a)(1)(C)] (f)(4)(C)(i)	IN GENERAL. In the case of a biological product with respect to which a rebate is required to be paid under this paragraph, if such biological product qualifies as a long-monopoly drug (as defined in section 1194(c)(5)) at the time of its inclusion on the list published under subsection (a), in determining the amount of the rebate for such biological product under subparagraph (B), the amount described in clause (ii) shall be substituted for the maximum fair price described in clause (i)(I) or (ii)(I) of such subparagraph (B), as applicable.
634	118.1 - 118.19	[SEC. 11002.(a)(1)(C)] (f)(4)(C)(ii)	AMOUNT DESCRIBED. The amount described in this clause is an amount equal to 65 percent of the average non-Federal average manufacturer price for the biological product for 2021 (or, in the case that there is not an average non-Federal average manufacturer price available for such biological product for 2021, for the first full year following the market entry for such biological product), increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) from September 2021 (or December of such first full year following the market entry), as applicable, to September of the year prior to the selected drug publication date with respect to the initial price applicability year that would have applied but for this subsection.
635	118.20 - 118.22	[SEC. 11002.(a)(1)(C)] (f)(4)(D)	REBATE DEPOSITS. Amounts paid as rebates under this paragraph shall be deposited into
636	118.23 - 119.2	[SEC. 11002.(a)(1)(C)] (f)(4)(D)(i)	in the case payment is made for such biological product under part B of title XVIII, the Federal Supplementary Medical Insurance Trust Fund established under section 1841; and
637	119.3 - 119.7	[SEC. 11002.(a)(1)(C)] (f)(4)(D)(ii)	in the case such biological product is a covered part D drug (as defined in section 1860D–2(e)), the Medicare Prescription Drug Account under section 1860D–16 in such Trust Fund.
638	119.8 - 119.11	[SEC. 11002.(a)(1)(C)] (f)(5)	DEFINITIONS OF BIOSIMILAR BIOLOGICAL PRODUCT. In this subsection, the term ‘biosimilar biological product’ has the meaning given such term in section 1847A(c)(6).’’;
639	119.12 - 119.12	SEC. 11002.(a)(2)	in section 1193(a)(4)
640	119.13 - 119.15	SEC. 11002.(a)(2)(A)	in the matter preceding subparagraph (A), by inserting ‘‘, and for section 1192(f),’’ after ‘‘section 1194(f))’’;
642	119.16 - 119.17	SEC. 11002.(a)(2)(B)	in subparagraph (A), by striking ‘‘and’’ at the end;
643	119.18 - 119.19	SEC. 11002.(a)(2)(C)	by adding at the end the following new subparagraph:
644	119.20 - 119.22	[SEC. 11002.(a)(2)(C)] (C)	information that the Secretary requires to carry out section 1192(f), including rebates under paragraph (4) of such section; and’’;
645	119.23 - 119.25	SEC. 11002.(a)(3)	in section 1196(a)(7), by striking ‘‘section 1192(d)(2)(B)’’ and inserting ‘‘subsections (d)(2)(B) and (f)(1)(C) of section 1192’’;
646	120.1 - 120.1	SEC. 11002.(a)(4)	in section 1197
647	120.2 - 120.4	SEC. 11002.(a)(4)(A)	by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
648	120.5 - 120.6	SEC. 11002.(a)(4)(B)	by inserting after subsection (a) the following new subsection:
649	120.7 - 120.12	[SEC. 11002.(a)(4)(B)] (b)	VIOLATIONS RELATING TO PROVIDING REBATES. Any manufacturer that fails to comply with the rebate requirements under section 1192(f)(4) shall be subject to a civil monetary penalty equal to 10 times the amount of the rebate the manufacturer failed to pay under such section.’’; and
650	120.13 - 120.14	SEC. 11002.(a)(5)	in section 1198(b)(2), by inserting ‘‘the application of section 1192(f),’’ after ‘‘section 1192(e)’’.
651	120.15 - 120.20	SEC. 11002.(b)	CONFORMING AMENDMENTS FOR DISCLOSURE OF CERTAIN INFORMATION. Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1396r–8(b)(3)(D)(i)) is amended by striking ‘‘or to carry out section 1847B’’ and inserting ‘‘or to carry out section 1847B or section 1192(f), including rebates under paragraph (4) of such section’’.
652	120.21 - 120.25	SEC. 11002.(c)	IMPLEMENTATION FOR 2026 THROUGH 2028. The Secretary of Health and Human Services shall implement this section, including the amendments made by this section, for 2026, 2027, and 2028 by program instruction or other forms of program guidance.
653	121.1 - 121.2	TITLE I Subtitle B PART 1 SEC. 11003.	EXCISE TAX IMPOSED ON DRUG MANUFACTURERS DURING NONCOMPLIANCE PERIODS.
654	121.3 - 121.5	SEC. 11003.(a)	IN GENERAL. Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:
655	121.6 - 121.6	[SEC. 11003.(a)] CHAPTER 50	A DESIGNATED DRUGS
656	121.7 - 121.8	[SEC. 11003.(a)] CHAPTER 50 SEC. 5000D.	DESIGNATED DRUGS DURING NONCOMPLIANCE PERIODS.
657	121.9 - 121.13	[SEC. 11003.(a)] SEC. 5000D.(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
658	121.14 - 121.14	[SEC. 11003.(a)] SEC. 5000D.(a)(1)	such tax, divided by
659	121.15 - 121.16	[SEC. 11003.(a)] SEC. 5000D.(a)(2)	the sum of such tax and the price for which so sold.
660	121.17 - 121.19	[SEC. 11003.(a)] SEC. 5000D.(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:
661	121.20 - 121.25	[SEC. 11003.(a)] SEC. 5000D.(b)(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
662	122.1 - 122.4	[SEC. 11003.(a)] SEC. 5000D.(b)(1)(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
663	122.5 - 122.8	[SEC. 11003.(a)] SEC. 5000D.(b)(1)(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.
664	122.9 - 122.14	[SEC. 11003.(a)] SEC. 5000D.(b)(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
665	122.15 - 122.20	[SEC. 11003.(a)] SEC. 5000D.(b)(2)(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
666	122.21 - 122.24	[SEC. 11003.(a)] SEC. 5000D.(b)(2)(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.
667	123.1 - 123.10	[SEC. 11003.(a)] SEC. 5000D.(b)(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
668	123.11 - 123.14	[SEC. 11003.(a)] SEC. 5000D.(b)(3)(A)	the first date on which the manufacturer of such designated drug has agreed to a renegotiated maximum fair price under such agreement, or
669	123.15 - 123.18	[SEC. 11003.(a)] SEC. 5000D.(b)(3)(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.
670	123.19 - 123.25	[SEC. 11003.(a)] SEC. 5000D.(b)(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.
671	124.1 - 124.1	[SEC. 11003.(a)] SEC. 5000D.(c)	SUSPENSION OF TAX.
672	124.2 - 124.5	[SEC. 11003.(a)] SEC. 5000D.(c)(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
673	124.6 - 124.6	[SEC. 11003.(a)] SEC. 5000D.(c)(1)(A)	beginning on the first date on which
674	124.7 - 124.10	[SEC. 11003.(a)] SEC. 5000D.(c)(1)(A)(i)	the notice of terminations of all applicable agreements of the manufacturer have been received by the Secretary of Health and Human Services, and
675	124.11 - 124.14	[SEC. 11003.(a)] SEC. 5000D.(c)(1)(A)(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
676	124.15 - 124.16	[SEC. 11003.(a)] SEC. 5000D.(c)(1)(B)	ending on the last day of February following the earlier of
677	124.17 - 124.20	[SEC. 11003.(a)] SEC. 5000D.(c)(1)(B)(i)	the first day after the date described in subparagraph (A) on which the manufacturer enters into any subsequent applicable agreement, or
678	124.21 - 124.25	[SEC. 11003.(a)] SEC. 5000D.(c)(1)(B)(ii)	the first date any drug of the manufacturer of the designated drug is covered by an agreement under section 1860D14A or 1860D-14C of the Social Security Act.
679	125.1 - 125.3	[SEC. 11003.(a)] SEC. 5000D.(c)(2)	APPLICABLE AGREEMENT. For purposes of this subsection, the term ‘applicable agreement’ means the following:
680	125.4 - 125.4	[SEC. 11003.(a)] SEC. 5000D.(c)(2)(A)	An agreement under
681	125.5 - 125.7	[SEC. 11003.(a)] SEC. 5000D.(c)(2)(A)(i)	the Medicare coverage gap discount program under section 1860D-14A of the Social Security Act, or
682	125.8 - 125.9	[SEC. 11003.(a)] SEC. 5000D.(c)(2)(A)(ii)	the manufacturer discount program under section 1860D-14C of such Act.
683	125.10 - 125.11	[SEC. 11003.(a)] SEC. 5000D.(c)(2)(B)	A rebate agreement described in section 1927(b) of such Act.
684	125.12 - 125.13	[SEC. 11003.(a)] SEC. 5000D.(d)	APPLICABLE PERCENTAGE. For purposes of this section, the term ‘applicable percentage’ means
685	125.14 - 125.16	[SEC. 11003.(a)] SEC. 5000D.(d)(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,
686	125.17 - 125.19	[SEC. 11003.(a)] SEC. 5000D.(d)(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,
687	125.20 - 125.22	[SEC. 11003.(a)] SEC. 5000D.(d)(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
688	125.23 - 125.24	[SEC. 11003.(a)] SEC. 5000D.(d)(4)	in the case of sales of such drug during any subsequent day, 95 percent.
689	125.25 - 125.25	[SEC. 11003.(a)] SEC. 5000D.(e)	DEFINITIONS. For purposes of this section
690	126.1 - 126.7	[SEC. 11003.(a)] SEC. 5000D.(e)(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.
691	126.8 - 126.10	[SEC. 11003.(a)] SEC. 5000D.(e)(2)	UNITED STATES. The term ‘United States’ has the meaning given such term by section 4612(a)(4).
692	126.11 - 126.14	[SEC. 11003.(a)] SEC. 5000D.(e)(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.
693	126.15 - 126.15	[SEC. 11003.(a)] SEC. 5000D.(f)	SPECIAL RULES.
694	126.16 - 126.19	[SEC. 11003.(a)] SEC. 5000D.(f)(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.
695	126.20 - 126.24	[SEC. 11003.(a)] SEC. 5000D.(f)(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).
697	127.1 - 127.3	[SEC. 11003.(a)] SEC. 5000D.(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.
698	127.4 - 127.6	[SEC. 11003.(a)] SEC. 5000D.(h)	REGULATIONS. The Secretary shall prescribe such regulations and other guidance as may be necessary to carry out this section.’’.
699	127.7 - 127.9	SEC. 11003.(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,’’.
701	127.10 - 127.12	SEC. 11003.(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:
702	127.13 - 127.15	SEC. 11003.(d)	EFFECTIVE DATE. The amendments made by this section shall apply to sales after the date of the enactment of this Act.
703	127.16 - 127.22	TITLE I Subtitle B PART 1 SEC. 11004.	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, $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.
704	128.1 - 128.2	TITLE I Subtitle B PART 2	PRESCRIPTION DRUG INFLATION REBATES
705	128.3 - 128.4	TITLE I Subtitle B PART 2 SEC. 11101.	MEDICARE PART B REBATE BY MANUFACTURERS.
706	128.5 - 128.8	SEC. 11101.(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:
707	128.9 - 128.11	[SEC. 11101.(a)] (i)	REBATE BY MANUFACTURERS FOR SINGLE SOURCE DRUGS AND BIOLOGICALS WITH PRICES INCREASING FASTER THAN INFLATION.
708	128.12 - 128.12	[SEC. 11101.(a)] (i)(1)	REQUIREMENTS.
709	128.13 - 128.19	[SEC. 11101.(a)] (i)(1)(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:
710	128.20 - 128.24	[SEC. 11101.(a)] (i)(1)(A)(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.
711	128.25 - 129.3	[SEC. 11101.(a)] (i)(1)(A)(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.
712	129.4 - 129.6	[SEC. 11101.(a)] (i)(1)(A)(iii)	The rebate amount specified under such paragraph for such part B rebatable drug and calendar quarter.
713	129.7 - 129.16	[SEC. 11101.(a)] (i)(1)(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.
714	129.17 - 129.22	[SEC. 11101.(a)] (i)(1)(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.
715	129.23 - 129.23	[SEC. 11101.(a)] (i)(2)	PART B REBATABLE DRUG DEFINED.
716	129.24 - 130.9	[SEC. 11101.(a)] (i)(2)(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
717	130.10 - 130.15	[SEC. 11101.(a)] (i)(2)(A)(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
718	130.16 - 130.17	[SEC. 11101.(a)] (i)(2)(A)(ii)	that is a vaccine described in subparagraph (A) or (B) of section 1861(s)(10).
719	130.18 - 130.19	[SEC. 11101.(a)] (i)(2)(B)	INCREASE. The dollar amount applied under subparagraph (A)(i)
720	130.20 - 131.2	[SEC. 11101.(a)] (i)(2)(B)(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
721	131.3 - 131.10	[SEC. 11101.(a)] (i)(2)(B)(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.
722	131.11 - 131.14	[SEC. 11101.(a)] (i)(2)(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.
723	131.15 - 131.15	[SEC. 11101.(a)] (i)(3)	REBATE AMOUNT.
724	131.16 - 131.22	[SEC. 11101.(a)] (i)(3)(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
725	131.23 - 131.25	[SEC. 11101.(a)] (i)(3)(A)(i)	the total number of units determined under subparagraph (B) for the billing and payment code of such drug; and
726	132.1 - 132.1	[SEC. 11101.(a)] (i)(3)(A)(ii)	the amount (if any) by which
727	132.2 - 132.2	[SEC. 11101.(a)] (i)(3)(A)(ii)(I)	the amount equal to
728	132.3 - 132.9	[SEC. 11101.(a)] (i)(3)(A)(ii)(I)(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
729	132.10 - 132.15	[SEC. 11101.(a)] (i)(3)(A)(ii)(I)(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
730	132.16 - 132.20	[SEC. 11101.(a)] (i)(3)(A)(ii)(II)	the inflation-adjusted payment amount determined under subparagraph (C) for such part B rebatable drug during the calendar quarter.
731	132.21 - 133.2	[SEC. 11101.(a)] (i)(3)(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
732	133.3 - 133.5	[SEC. 11101.(a)] (i)(3)(B)(i)	the number of units for the billing and payment code of such drug furnished during such calendar quarter, minus
733	133.6 - 133.8	[SEC. 11101.(a)] (i)(3)(B)(ii)	the number of units for such billing and payment code of such drug furnished during such calendar quarter
734	133.9 - 133.13	[SEC. 11101.(a)] (i)(3)(B)(ii)(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
735	133.14 - 133.16	[SEC. 11101.(a)] (i)(3)(B)(ii)(II)	that are packaged into the payment amount for an item or service and are not separately payable.
736	133.17 - 133.21	[SEC. 11101.(a)] (i)(3)(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
737	133.22 - 133.25	[SEC. 11101.(a)] (i)(3)(C)(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
738	134.1 - 134.5	[SEC. 11101.(a)] (i)(3)(C)(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)).
740	134.6 - 134.9	[SEC. 11101.(a)] (i)(3)(D)	PAYMENT AMOUNT BENCHMARK QUARTER. The term ‘payment amount benchmark quarter’ means the calendar quarter beginning July 1, 2021.
741	134.10 - 134.13	[SEC. 11101.(a)] (i)(3)(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.
742	134.14 - 134.22	[SEC. 11101.(a)] (i)(3)(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.
743	134.23 - 135.3	[SEC. 11101.(a)] (i)(3)(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
744	135.4 - 135.9	[SEC. 11101.(a)] (i)(3)(G)(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
745	135.10 - 135.15	[SEC. 11101.(a)] (i)(3)(G)(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.
746	135.16 - 135.17	[SEC. 11101.(a)] (i)(4)	SPECIAL TREATMENT OF CERTAIN DRUGS AND EXEMPTION.
747	135.18 - 136.7	[SEC. 11101.(a)] (i)(4)(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’.
750	136.8 - 136.17	[SEC. 11101.(a)] (i)(4)(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’.
751	136.18 - 137.12	[SEC. 11101.(a)] (i)(4)(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’.
752	137.13 - 137.21	[SEC. 11101.(a)] (i)(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
753	137.22 - 138.3	[SEC. 11101.(a)] (i)(5)(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
754	138.4 - 138.9	[SEC. 11101.(a)] (i)(5)(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).
755	138.10 - 138.13	[SEC. 11101.(a)] (i)(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.
756	138.14 - 139.3	[SEC. 11101.(a)] (i)(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).
757	139.4 - 139.6	[SEC. 11101.(a)] (i)(8)	LIMITATION ON ADMINISTRATIVE OR JUDICIAL REVIEW. There shall be no administrative or judicial review of any of the following:
758	139.7 - 139.8	[SEC. 11101.(a)] (i)(8)(A)	The determination of units under this subsection.
759	139.9 - 139.10	[SEC. 11101.(a)] (i)(8)(B)	The determination of whether a drug is a part B rebatable drug under this subsection.
760	139.11 - 139.12	[SEC. 11101.(a)] (i)(8)(C)	The calculation of the rebate amount under this subsection.
761	139.13 - 139.14	[SEC. 11101.(a)] (i)(8)(D)	The computation of coinsurance under paragraph (5) of this subsection.
762	139.15 - 139.16	[SEC. 11101.(a)] (i)(8)(E)	The computation of amounts paid under section 1833(a)(1)(EE).’’.
763	139.17 - 139.19	SEC. 11101.(b)	AMOUNTS PAYABLE; COST-SHARING. Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended
764	139.20 - 139.20	SEC. 11101.(b)(1)	in subsection (a)(1)
765	139.21 - 139.23	SEC. 11101.(b)(1)(A)	in subparagraph (G), by inserting ‘‘, subject to subsection (i)(9),’’ after ‘‘the amounts paid’’;
766	140.1 - 140.3	SEC. 11101.(b)(1)(B)	in subparagraph (S), by striking ‘‘with respect to’’ and inserting ‘‘subject to subparagraph (EE), with respect to’’;
767	140.4 - 140.5	SEC. 11101.(b)(1)(C)	by striking ‘‘and (DD)’’ and inserting (DD)’’; and
769	140.6 - 140.24	SEC. 11101.(b)(1)(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)’’;
773	141.1 - 141.2	SEC. 11101.(b)(2)	in subsection (i), by adding at the end the following new paragraph:
774	141.3 - 141.14	[SEC. 11101.(b)(2)] (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
775	141.15 - 141.16	SEC. 11101.(b)(3)	in subsection (t)(8), by adding at the end the following new subparagraph:
776	141.17 - 142.14	[SEC. 11101.(b)(3)] (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.’’.
777	142.15 - 142.15	SEC. 11101.(c)	CONFORMING AMENDMENTS.
778	142.16 - 142.19	SEC. 11101.(c)(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’’.
780	142.20 - 142.24	SEC. 11101.(c)(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’’.
781	143.1 - 143.5	SEC. 11101.(c)(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’’.
782	143.6 - 143.10	SEC. 11101.(c)(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
783	143.11 - 143.12	SEC. 11101.(c)(4)(A)	in subclause (V), by striking ‘‘and’’ at the end;
784	143.13 - 143.14	SEC. 11101.(c)(4)(B)	in subclause (VI), by striking the period at the end and inserting a semicolon; and
785	143.15 - 143.16	SEC. 11101.(c)(4)(C)	by adding at the end the following new subclause:
786	143.17 - 143.18	[SEC. 11101.(c)(4)(C)] (VII)	rebates paid by manufacturers under section 1847A(i); and’’.
787	143.19 - 144.3	SEC. 11101.(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.
788	144.4 - 144.5	TITLE I Subtitle B PART 2 SEC. 11102.	MEDICARE PART D REBATE BY MANUFACTURERS.
789	144.6 - 144.8	SEC. 11102.(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:
790	144.9 - 144.11	[SEC. 11102.(a)] SEC. 1860D–14B.	MANUFACTURER REBATE FOR CERTAIN DRUGS WITH PRICES INCREASING FASTER THAN INFLATION.
791	144.12 - 144.12	[SEC. 11102.(a)] SEC. 1860D–14B.(a)	REQUIREMENTS.
792	144.13 - 144.19	[SEC. 11102.(a)] SEC. 1860D–14B.(a)(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:
793	144.20 - 144.23	[SEC. 11102.(a)] SEC. 1860D–14B.(a)(1)(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.
794	145.1 - 145.3	[SEC. 11102.(a)] SEC. 1860D–14B.(a)(1)(B)	The rebate amount specified under subsection (b) for each dosage form and strength with respect to such drug and period.
795	145.4 - 145.13	[SEC. 11102.(a)] SEC. 1860D–14B.(a)(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.
796	145.14 - 145.20	[SEC. 11102.(a)] SEC. 1860D–14B.(a)(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.
798	145.21 - 145.21	[SEC. 11102.(a)] SEC. 1860D–14B.(b)	REBATE AMOUNT.
799	145.22 - 145.22	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)	IN GENERAL.
800	145.23 - 146.4	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)(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
801	146.5 - 146.10	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)(A)(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
802	146.11 - 146.11	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)(A)(ii)	the amount (if any) by which
803	146.12 - 146.16	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)(A)(ii)(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
804	146.17 - 146.21	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)(A)(ii)(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.
805	146.22 - 147.6	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)(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.
806	147.7 - 147.12	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)(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
807	147.13 - 147.18	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)(C)(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;
808	147.19 - 148.3	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)(C)(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
810	148.4 - 148.9	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(1)(C)(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.
811	148.10 - 148.14	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(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
812	148.15 - 148.19	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(2)(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
813	148.20 - 148.20	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(2)(B)	the ratio of
814	148.21 - 148.24	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(2)(B)(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
815	149.1 - 149.4	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(2)(B)(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.
816	149.5 - 149.10	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(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
817	149.11 - 149.14	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(3)(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
818	149.15 - 149.18	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(3)(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)).
819	149.19 - 149.24	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(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
820	150.1 - 150.6	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(4)(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
821	150.7 - 150.7	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(4)(B)	the ratio of
822	150.8 - 150.12	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(4)(B)(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
823	150.13 - 150.16	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(4)(B)(ii)	the total number of units reported under section 1927 of such dosage form and strength with respect to such payment amount benchmark period.
824	150.17 - 150.18	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(5)	SPECIAL TREATMENT OF CERTAIN DRUGS AND EXEMPTION.
825	150.19 - 151.9	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(5)(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’.
828	151.10 - 151.11	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(5)(B)	TREATMENT OF NEW FORMULATIONS.
829	151.12 - 151.24	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(5)(B)(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.
830	152.1 - 152.10	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(5)(B)(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.
831	152.11 - 153.7	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(5)(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’.
833	153.8 - 153.24	[SEC. 11102.(a)] SEC. 1860D–14B.(b)(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.
834	154.1 - 154.5	[SEC. 11102.(a)] SEC. 1860D–14B.(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.
835	154.6 - 154.7	[SEC. 11102.(a)] SEC. 1860D–14B.(d)	INFORMATION. For purposes of carrying out this section, the Secretary shall use information submitted by
836	154.8 - 154.8	[SEC. 11102.(a)] SEC. 1860D–14B.(d)(1)	manufacturers under section 1927(b)(3);
837	154.9 - 154.9	[SEC. 11102.(a)] SEC. 1860D–14B.(d)(2)	States under section 1927(b)(2)(A); and
838	154.10 - 154.12	[SEC. 11102.(a)] SEC. 1860D–14B.(d)(3)	PDP sponsors of prescription drug plans and MA organization offering MA–PD plans under this part.
839	154.13 - 154.24	[SEC. 11102.(a)] SEC. 1860D–14B.(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).
840	155.1 - 155.3	[SEC. 11102.(a)] SEC. 1860D–14B.(f)	LIMITATION ON ADMINISTRATIVE OR JUDICIAL REVIEW. There shall be no administrative or judicial review of any of the following:
841	155.4 - 155.5	[SEC. 11102.(a)] SEC. 1860D–14B.(f)(1)	The determination of units under this section.
842	155.6 - 155.7	[SEC. 11102.(a)] SEC. 1860D–14B.(f)(2)	The determination of whether a drug is a part D rebatable drug under this section.
843	155.8 - 155.9	[SEC. 11102.(a)] SEC. 1860D–14B.(f)(3)	The calculation of the rebate amount under this section.
844	155.10 - 155.10	[SEC. 11102.(a)] SEC. 1860D–14B.(g)	DEFINITIONS. In this section:
845	155.11 - 155.11	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)	PART D REBATABLE DRUG.
846	155.12 - 155.17	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(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)).
847	155.18 - 155.18	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(B)	EXCLUSION.
848	155.19 - 156.3	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(B)(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.
849	156.4 - 156.5	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(B)(ii)	INCREASE. The dollar amount applied under clause (i)
850	156.6 - 156.15	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(B)(ii)(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 12month period beginning with October of 2023; and
851	156.16 - 157.3	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(B)(ii)(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.
852	157.4 - 157.7	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(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
853	157.8 - 157.10	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(C)(i)	a drug approved under a new drug application under section 505(c) of the Federal Food, Drug, and Cosmetic Act;
854	157.11 - 157.14	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(C)(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
855	157.15 - 157.24	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(C)(ii)(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;
856	158.1 - 158.11	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(C)(ii)(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;
857	158.12 - 158.17	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(C)(ii)(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
858	158.18 - 158.23	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(C)(ii)(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
859	158.24 - 158.25	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(1)(C)(iii)	a biological licensed under section 351 of the Public Health Service Act.
860	159.1 - 159.5	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(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.
861	159.6 - 159.9	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(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.
862	159.10 - 159.13	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(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.
863	159.14 - 159.18	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(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.
864	159.19 - 159.24	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(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.
865	160.1 - 160.3	[SEC. 11102.(a)] SEC. 1860D–14B.(g)(7)	APPLICABLE PERIOD. The term ‘applicable period’ means a 12-month period beginning with October 1 of a year (beginning with October 1, 2022).
866	160.4 - 160.7	[SEC. 11102.(a)] SEC. 1860D–14B.(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.’’.
867	160.8 - 160.8	SEC. 11102.(b)	CONFORMING AMENDMENTS.
868	160.9 - 160.14	SEC. 11102.(b)(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’’.
869	160.15 - 160.21	SEC. 11102.(b)(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’’.
870	160.22 - 161.5	SEC. 11102.(b)(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’’.
871	161.6 - 161.11	SEC. 11102.(b)(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:
872	161.12 - 161.13	SEC. 11102.(b)(4)(A)	in subclause (VI), by striking ‘‘and’’ at the end;
873	161.14 - 161.15	SEC. 11102.(b)(4)(B)	in subclause (VII), by striking the period at the end and inserting a semicolon; and
874	161.16 - 161.17	SEC. 11102.(b)(4)(C)	by adding at the end the following new subclause:
875	161.18 - 161.19	[SEC. 11102.(b)(4)(C)] (VIII)	rebates paid by manufacturers under section 1860D–14B.’’.
876	161.20 - 162.4	SEC. 11102.(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.
877	162.5 - 162.7	TITLE I Subtitle B PART 3	PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE BENEFICIARIES
878	162.8 - 162.8	TITLE I Subtitle B PART 3 SEC. 11201.	MEDICARE PART D BENEFIT REDESIGN.
879	162.9 - 162.11	SEC. 11201.(a)	BENEFIT STRUCTURE REDESIGN. Section 1860D–2(b) of the Social Security Act (42 U.S.C. 1395w– 102(b)) is amended
880	162.12 - 162.12	SEC. 11201.(a)(1)	in paragraph (2)
881	162.13 - 162.19	SEC. 11201.(a)(1)(A)	in subparagraph (A), in the matter preceding clause (i), by inserting ‘‘for a year preceding 2025 and for costs above the annual deductible specified in paragraph (1) and up to the annual out-of-pocket threshold specified in paragraph (4)(B) for 2025 and each subsequent year’’ after ‘‘paragraph (3)’’;
882	162.20 - 162.20	SEC. 11201.(a)(1)(B)	in subparagraph (C)
883	162.21 - 162.24	SEC. 11201.(a)(1)(B)(i)	in clause (i), in the matter preceding subclause (I), by inserting ‘‘for a year preceding 2025,’’ after ‘‘paragraph (4),’’; and
885	163.1 - 163.3	SEC. 11201.(a)(1)(B)(ii)	in clause (ii)(III), by striking ‘‘and each subsequent year’’ and inserting ‘‘through 2024’’; and
886	163.4 - 163.4	SEC. 11201.(a)(1)(C)	in subparagraph (D)
887	163.5 - 163.5	SEC. 11201.(a)(1)(C)(i)	in clause (i)
888	163.6 - 163.9	SEC. 11201.(a)(1)(C)(i)(I)	in the matter preceding subclause (I), by inserting ‘‘for a year preceding 2025,’’ after ‘‘paragraph (4),’’; and
889	163.10 - 163.13	SEC. 11201.(a)(1)(C)(i)(II)	in subclause (I)(bb), by striking ‘‘a year after 2018’’ and inserting ‘‘each of years 2019 through 2024’’; and
890	163.14 - 163.16	SEC. 11201.(a)(1)(C)(ii)	in clause (ii)(V), by striking ‘‘2019 and each subsequent year’’ and inserting ‘‘each of years 2019 through 2024’’;
891	163.17 - 163.17	SEC. 11201.(a)(2)	in paragraph (3)(A)
892	163.18 - 163.20	SEC. 11201.(a)(2)(A)	in the matter preceding clause (i), by inserting ‘‘for a year preceding 2025,’’ after ‘‘and (4),’’; and
893	163.21 - 163.23	SEC. 11201.(a)(2)(B)	in clause (ii), by striking ‘‘for a subsequent year’’ and inserting ‘‘for each of years 2007 through 2024’’; and
894	163.24 - 163.24	SEC. 11201.(a)(3)	in paragraph (4)
895	163.25 - 163.25	SEC. 11201.(a)(3)(A)	in subparagraph (A)
896	164.1 - 164.1	SEC. 11201.(a)(3)(A)(i)	in clause (i)
897	164.2 - 164.6	SEC. 11201.(a)(3)(A)(i)(I)	by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and moving the margin of each such redesignated item 2 ems to the right;
898	164.7 - 164.12	SEC. 11201.(a)(3)(A)(i)(II)	in the matter preceding item (aa), as redesignated by subclause (I), by striking ‘‘is equal to the greater of ’’ and inserting ‘‘is equal to (I)  for a year preceding 2024, the greater of ’’;
901	164.13 - 164.16	SEC. 11201.(a)(3)(A)(i)(III)	by striking the period at the end of item (bb), as redesignated by subclause (I), and inserting ‘‘; and’’; and
902	164.17 - 164.18	SEC. 11201.(a)(3)(A)(i)(IV)	by adding at the end the following:
903	164.19 - 164.20	[SEC. 11201.(a)(3)(A)(i)(IV)] (II)	for 2024 and each succeeding year, $0.’’; and
904	164.21 - 164.21	SEC. 11201.(a)(3)(A)(ii)	in clause (ii)
905	164.22 - 164.23	SEC. 11201.(a)(3)(A)(ii)(I)	by striking ‘‘clause (i)(I)’’ and inserting ‘‘clause (i)(I)(aa)’’; and
906	164.24 - 165.5	SEC. 11201.(a)(3)(A)(ii)(II)	by adding at the end the following new sentence: ‘‘The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2023 for purposes of section 1860D–14(a)(1)(D)(iii).’’;
907	165.6 - 165.6	SEC. 11201.(a)(3)(B)	in subparagraph (B)
908	165.7 - 165.7	SEC. 11201.(a)(3)(B)(i)	in clause (i)
909	165.8 - 165.9	SEC. 11201.(a)(3)(B)(i)(I)	in subclause (V), by striking ‘‘or’’ at the end;
910	165.10 - 165.10	SEC. 11201.(a)(3)(B)(i)(II)	in subclause (VI)
911	165.11 - 165.14	SEC. 11201.(a)(3)(B)(i)(II)(aa)	by striking ‘‘for a subsequent year’’ and inserting ‘‘for each of years 2021 through 2024’’; and
912	165.15 - 165.17	SEC. 11201.(a)(3)(B)(i)(II)(bb)	by striking the period at the end and inserting a semicolon; and
913	165.18 - 165.19	SEC. 11201.(a)(3)(B)(i)(III)	by adding at the end the following new subclauses:
914	165.20 - 165.21	[SEC. 11201.(a)(3)(B)(i)(III)] (VII)	for 2025, is equal to $2,000; or
915	165.22 - 166.2	[SEC. 11201.(a)(3)(B)(i)(III)] (VIII)	for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved.’’; and
916	166.3 - 166.4	SEC. 11201.(a)(3)(B)(ii)	in clause (ii), by striking ‘‘clause (i)(II)’’ and inserting ‘‘clause (i)’’;
918	166.5 - 166.5	SEC. 11201.(a)(3)(C)	in subparagraph (C)
919	166.6 - 166.8	SEC. 11201.(a)(3)(C)(i)	in clause (i), by striking ‘‘and for amounts’’ and inserting ‘‘and, for a year preceding 2025, for amounts’’; and
920	166.9 - 166.9	SEC. 11201.(a)(3)(C)(ii)	in clause (iii)
921	166.10 - 166.12	SEC. 11201.(a)(3)(C)(ii)(I)	by redesignating subclauses (I) through (IV) as items (aa) through (dd)  and indenting appropriately;
923	166.13 - 166.16	SEC. 11201.(a)(3)(C)(ii)(II)	by striking ‘‘if such costs are borne or paid’’ and inserting ‘‘if such costs (I)  are borne or paid ’’; and
925	166.17 - 166.19	SEC. 11201.(a)(3)(C)(ii)(III)	in item (dd), by striking the period at the end and inserting ‘‘; or’’; and
926	166.20 - 166.21	SEC. 11201.(a)(3)(C)(ii)(IV)	by adding at the end the following new subclause:
927	166.22 - 167.8	[SEC. 11201.(a)(3)(C)(ii)(IV)] (II)	for 2025 and subsequent years, are reimbursed through insurance, a group health plan, or certain other third party payment arrangements, but not including the coverage provided by a prescription drug plan or an MA–PD plan that is basic prescription drug coverage (as defined in subsection (a)(3)) or any payments by a manufacturer under the manufacturer discount program under section 1860D–14C.’’; and
928	167.9 - 167.11	SEC. 11201.(a)(3)(D)	in subparagraph (E), by striking ‘‘In applying’’ and inserting ‘‘For each of years 2011 through 2024, in applying’’.
929	167.12 - 167.14	SEC. 11201.(b)	REINSURANCE PAYMENT AMOUNT. Section 1860D–15(b) of the Social Security Act (42 U.S.C. 1395w– 115(b)) is amended
930	167.15 - 167.15	SEC. 11201.(b)(1)	in paragraph (1)
931	167.16 - 167.17	SEC. 11201.(b)(1)(A)	by striking ‘‘equal to 80 percent’’ and inserting ‘‘equal to
932	167.18 - 167.19	[SEC. 11201.(b)(1)(A)] (A)	for a year preceding 2025, 80 percent’’;
933	167.20 - 167.22	SEC. 11201.(b)(1)(B)	in subparagraph (A), as added by subparagraph (A), by striking the period at the end and inserting ‘‘; and’’; and
934	167.23 - 167.24	SEC. 11201.(b)(1)(C)	by adding at the end the following new subparagraph:
935	168.1 - 168.2	[SEC. 11201.(b)(1)(C)] (B)	for 2025 and each subsequent year, the sum of
936	168.3 - 168.12	[SEC. 11201.(b)(1)(C)] (B)(i)	with respect to applicable drugs (as defined in section 1860D–14C(g)(2)), an amount equal to 20 percent of such allowable reinsurance costs attributable to that portion of gross covered prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B); and
937	168.13 - 168.22	[SEC. 11201.(b)(1)(C)] (B)(ii)	with respect to covered part D drugs that are not applicable drugs (as so defined), an amount equal to 40 percent of such allowable reinsurance costs attributable to that portion of gross covered prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B).’’;
938	168.23 - 168.23	SEC. 11201.(b)(2)	in paragraph (2)
939	168.24 - 168.25	SEC. 11201.(b)(2)(A)	by striking ‘‘COSTS. For purposes’’ and inserting ‘‘COSTS.
940	169.1 - 169.2	[SEC. 11201.(b)(2)(A)] (A)	IN GENERAL. Subject to subparagraph (B), for purposes’’; and
941	169.3 - 169.4	SEC. 11201.(b)(2)(B)	by adding at the end the following new subparagraph:
942	169.5 - 169.13	[SEC. 11201.(b)(2)(B)] (B)	INCLUSION OF MANUFACTURER DISCOUNTS ON APPLICABLE DRUGS. For purposes of applying subparagraph (A), the term ‘allowable reinsurance costs’ shall include the portion of the negotiated price (as defined in section 1860D–14C(g)(6)) of an applicable drug (as defined in section 1860D–14C(g)(2)) that was paid by a manufacturer under the manufacturer discount program under section 1860D–14C.’’; and
943	169.14 - 169.14	SEC. 11201.(b)(3)	in paragraph (3)
944	169.15 - 169.17	SEC. 11201.(b)(3)(A)	in the first sentence, by striking ‘‘For purposes’’ and inserting ‘‘Subject to paragraph (2)(B), for purposes’’; and
946	169.18 - 169.22	SEC. 11201.(b)(3)(B)	in the second sentence, by inserting ‘‘(or, with respect to 2025 and subsequent years, in the case of an applicable drug, as defined in section 1860D–14C(g)(2), by a manufacturer)’’ after ‘‘by the individual or under the plan’’.
947	169.23 - 169.23	SEC. 11201.(c)	MANUFACTURER DISCOUNT PROGRAM.
948	169.24 - 170.3	SEC. 11201.(c)(1)	IN GENERAL. Part D of title XVIII of the Social Security Act (42 U.S.C. 1395w–101 through 42 U.S.C. 1395w–153), as amended by section 11102, is amended by inserting after section 1860D–14B the following new sections:
949	170.4 - 170.4	[SEC. 11201.(c)(1)] SEC. 1860D–14C.	MANUFACTURER DISCOUNT PROGRAM.
950	170.5 - 170.10	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(a)	ESTABLISHMENT. The Secretary shall establish a manufacturer discount program (in this section referred to as the ‘program’). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c).
951	170.11 - 170.11	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)	TERMS OF AGREEMENT.
952	170.12 - 170.12	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(1)	IN GENERAL.
953	170.13 - 170.18	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(1)(A)	AGREEMENT. An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2025.
954	170.19 - 170.20	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(1)(B)	CLARIFICATION. Nothing in this section shall be construed as affecting
955	170.21 - 170.25	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(1)(B)(i)	the application of a coinsurance of 25 percent of the negotiated price, as applied under paragraph (2)(A) of section 1860D–2(b), for costs described in such paragraph; or
956	171.1 - 171.4	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(1)(B)(ii)	the application of the copayment amount described in paragraph (4)(A) of such section, with respect to costs described in such paragraph.
957	171.5 - 171.5	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(1)(C)	TIMING OF AGREEMENT.
958	171.6 - 171.12	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(1)(C)(i)	SPECIAL RULE FOR 2025. In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2025, and ending on December 31, 2025, the manufacturer shall enter into such agreement not later than March 1, 2024.
959	171.13 - 171.20	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(1)(C)(ii)	2026 AND SUBSEQUENT YEARS. In order for an agreement with a manufacturer to be in effect under this section with respect to plan year 2026 or a subsequent plan year, the manufacturer shall enter into such agreement not later than a calendar quarter or semi-annual deadline established by the Secretary.
960	171.21 - 172.2	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(2)	PROVISION OF APPROPRIATE DATA. Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program.
961	172.3 - 172.10	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(3)	COMPLIANCE WITH REQUIREMENTS FOR ADMINISTRATION OF PROGRAM. Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary, as applicable, for purposes of administering the program, including any determination under subparagraph (A) of subsection (c)(1) or procedures established under such subsection (c)(1).
962	172.11 - 172.11	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(4)	LENGTH OF AGREEMENT.
963	172.12 - 172.17	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(4)(A)	IN GENERAL. An agreement under this section shall be effective for an initial period of not less than 12 months and shall be automatically renewed for a period of not less than 1 year unless terminated under subparagraph (B).
965	172.18 - 172.18	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(4)(B)	TERMINATION.
966	172.19 - 173.8	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(4)(B)(i)	BY THE SECRETARY. The Secretary shall provide for termination of an agreement under this section for a knowing and willful violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice to the manufacturer of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, and such hearing shall take place prior to the effective date of the termination with sufficient time for such effective date to be repealed if the Secretary determines appropriate.
967	173.9 - 173.13	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(4)(B)(ii)	BY A MANUFACTURER. A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year
968	173.14 - 173.17	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(4)(B)(ii)(I)	if the termination occurs before January 31 of a plan year, as of the day after the end of the plan year; and
969	173.18 - 173.21	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(4)(B)(ii)(II)	if the termination occurs on or after January 31 of a plan year, as of the day after the end of the succeeding plan year.
970	173.22 - 174.2	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(4)(B)(iii)	EFFECTIVENESS OF TERMINATION. Any termination under this subparagraph shall not affect discounts for applicable drugs of the manufacturer that are due under the agreement before the effective date of its termination.
971	174.3 - 174.6	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(b)(5)	EFFECTIVE DATE OF AGREEMENT. An agreement under this section shall take effect at the start of a calendar quarter or another date specified by the Secretary.
972	174.7 - 174.8	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(c)	DUTIES DESCRIBED. The duties described in this subsection are the following:
973	174.9 - 174.10	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(c)(1)	ADMINISTRATION OF PROGRAM. Administering the program, including
974	174.11 - 174.13	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(c)(1)(A)	the determination of the amount of the discounted price of an applicable drug of a manufacturer;
975	174.14 - 174.20	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(c)(1)(B)	the establishment of procedures to ensure that, not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between
976	174.21 - 174.22	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(c)(1)(B)(i)	the negotiated price of the applicable drug; and
977	174.23 - 174.24	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(c)(1)(B)(ii)	the discounted price of the applicable drug;
978	175.1 - 175.9	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(c)(1)(C)	the establishment of procedures to ensure that the discounted price for an applicable drug under this section is applied before any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of applicable beneficiaries as specified by the Secretary; and
979	175.10 - 175.13	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(c)(1)(D)	providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers, prescription drug plans and MA–PD plans, and the Secretary.
980	175.14 - 175.16	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(c)(2)	MONITORING COMPLIANCE. The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section.
981	175.17 - 175.22	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(c)(3)	COLLECTION OF DATA FROM PRESCRIPTION DRUG PLANS AND MA–PD PLANS. The Secretary may collect appropriate data from prescription drug plans and MA–PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section.
982	175.23 - 175.23	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(d)	ADMINISTRATION.
983	175.24 - 176.2	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(d)(1)	IN GENERAL. Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c).
984	176.3 - 176.6	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(d)(2)	LIMITATION. In providing for the implementation of this section, the Secretary shall not receive or distribute any funds of a manufacturer under the program.
985	176.7 - 176.7	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(e)	CIVIL MONEY PENALTY.
986	176.8 - 176.14	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(e)(1)	IN GENERAL. A manufacturer that fails to provide discounted prices for applicable drugs of the manufacturer dispensed to applicable beneficiaries in accordance with an agreement in effect under this section shall be subject to a civil money penalty for each such failure in an amount the Secretary determines is equal to the sum of
987	176.15 - 176.19	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(e)(1)(A)	the amount that the manufacturer would have paid with respect to such discounts under the agreement, which will then be used to pay the discounts which the manufacturer had failed to provide; and
988	176.20 - 176.20	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(e)(1)(B)	25 percent of such amount.
989	176.21 - 176.25	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(e)(2)	APPLICATION. The provisions of section 1128A (other than subsections (a) 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).
990	177.1 - 177.7	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(f)	CLARIFICATION REGARDING AVAILABILITY OF OTHER COVERED PART D DRUGS. Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in).
991	177.8 - 177.8	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)	DEFINITIONS. In this section:
992	177.9 - 177.11	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(1)	APPLICABLE BENEFICIARY. The term ‘applicable beneficiary’ means an individual who, on the date of dispensing a covered part D drug
993	177.12 - 177.13	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(1)(A)	is enrolled in a prescription drug plan or an MA–PD plan;
994	177.14 - 177.15	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(1)(B)	is not enrolled in a qualified retiree prescription drug plan; and
995	177.16 - 177.20	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(1)(C)	has incurred costs, as determined in accordance with section 1860D–2(b)(4)(C), for covered part D drugs in the year that exceed the annual deductible specified in section 1860D– 2(b)(1).
996	177.21 - 177.22	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(2)	APPLICABLE DRUG. The term ‘applicable drug’, with respect to an applicable beneficiary
997	177.23 - 177.23	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(2)(A)	means a covered part D drug
998	177.24 - 178.4	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(2)(A)(i)	approved under a new drug application under section 505(c) of the Federal Food, Drug, and Cosmetic Act or, in the case of a biologic product, licensed under section 351 of the Public Health Service Act; and
999	178.5 - 178.10	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(2)(A)(ii)(I)	if the PDP sponsor of the prescription drug plan or the MA organization offering the MA–PD plan uses a formulary, which is on the formulary of the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in;
1000	178.11 - 178.17	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(2)(A)(ii)(II)	if the PDP sponsor of the prescription drug plan or the MA organization offering the MA–PD plan does not use a formulary, for which benefits are available under the prescription drug plan or MA– PD plan that the applicable beneficiary is enrolled in; or
1001	178.18 - 178.19	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(2)(A)(ii)(III)	is provided through an exception or appeal; and
1002	178.20 - 178.23	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(2)(B)	does not include a selected drug (as referred to under section 1192(c)) during a price applicability period (as defined in section 1191(b)(2)) with respect to such drug.
1003	179.1 - 179.3	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(3)	APPLICABLE NUMBER OF CALENDAR DAYS. The term ‘applicable number of calendar days’ means
1004	179.4 - 179.5	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(3)(A)	with respect to claims for reimbursement submitted electronically, 14 days; and
1005	179.6 - 179.7	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(3)(B)	with respect to claims for reimbursement submitted otherwise, 30 days.
1006	179.8 - 179.8	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)	DISCOUNTED PRICE.
1007	179.9 - 179.13	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(A)	IN GENERAL. The term ‘discounted price’ means, subject to subparagraphs (B) and (C), with respect to an applicable drug of a manufacturer dispensed during a year to an applicable beneficiary
1009	179.14 - 179.21	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(A)(i)	who has not incurred costs, as determined in accordance with section 1860D–2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B)(i) for the year, 90 percent of the negotiated price of such drug; and
1010	179.22 - 179.25	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(A)(ii)	who has incurred such costs, as so determined, in the year that are equal to or exceed such threshold for the year, 80 percent of the negotiated price of such drug.
1011	180.1 - 180.2	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)	PHASE-IN FOR CERTAIN DRUGS DISPENSED TO LIS BENEFICIARIES.
1012	180.3 - 180.13	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(i)	IN GENERAL. In the case of an applicable drug of a specified manufacturer (as defined in clause (ii)) that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary who is a subsidy eligible individual (as defined in section 1860D–14(a)(3)), the term ‘discounted price’ means the specified LIS percent (as defined in clause (iii)) of the negotiated price of the applicable drug of the manufacturer.
1013	180.14 - 180.14	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(ii)	SPECIFIED MANUFACTURER.
1014	180.15 - 180.19	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(ii)(I)	IN GENERAL. In this subparagraph, subject to subclause (II), the term ‘specified manufacturer’ means a manufacturer of an applicable drug for which, in 2021
1015	180.20 - 180.22	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(ii)(I)(aa)	the manufacturer had a coverage gap discount agreement under section 1860D–14A;
1016	180.23 - 181.7	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(ii)(I)(bb)	the total expenditures for all of the specified drugs of the manufacturer covered by such agreement or agreements for such year and covered under this part during such year represented less than 1.0 percent of the total expenditures under this part for all covered Part D drugs during such year; and
1017	181.8 - 181.19	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(ii)(I)(cc)	the total expenditures for all of the specified drugs of the manufacturer that are single source drugs and biological products for which payment may be made under part B during such year represented less than 1.0 percent of the total expenditures under part B for all drugs or biological products for which payment may be made under such part during such year.
1018	181.20 - 181.20	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(ii)(II)	SPECIFIED DRUGS.
1019	181.21 - 182.3	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(ii)(II)(aa)	IN GENERAL. For purposes of this clause, the term ‘specified drug’ means, with respect to a specified manufacturer, for 2021, an applicable drug that is produced, prepared, propagated, compounded, converted, or processed by the manufacturer.
1020	182.4 - 182.17	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(ii)(II)(bb)	AGGREGATION RULE. All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as one manufacturer for purposes of this subparagraph. For purposes of making a determination pursuant to the previous sentence, an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the Secretary as necessary.
1021	182.18 - 183.3	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(ii)(III)	LIMITATION. The term ‘specified manufacturer’ shall not include a manufacturer described in subclause (I) if such manufacturer is acquired after 2021 by another manufacturer that is not a specified manufacturer, effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2025, effective January 1, 2025.
1022	183.4 - 183.6	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)	SPECIFIED LIS PERCENT. In this subparagraph, the ‘specified LIS percent’ means, with respect to a year
1023	183.7 - 183.16	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(I)	for an applicable drug dispensed for an applicable beneficiary described in clause (i) who has not incurred costs, as determined in accordance with section 1860D–2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B)(i) for the year
1024	183.17 - 183.17	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(I)(aa)	for 2025, 99 percent;
1025	183.18 - 183.18	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(I)(bb)	for 2026, 98 percent;
1026	183.19 - 183.19	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(I)(cc)	for 2027, 95 percent;
1027	183.20 - 183.21	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(I)(dd)	for 2028, 92 percent; and
1028	183.22 - 183.23	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(I)(ee)	for 2029 and each subsequent year, 90 percent; and
1029	183.24 - 184.8	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(II)	for an applicable drug dispensed for an applicable beneficiary described in clause (i) who has incurred costs, as determined in accordance with section 1860D–2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B)(i) for the year
1030	184.9 - 184.9	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(II)(aa)	for 2025, 99 percent;
1031	184.10 - 184.10	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(II)(bb)	for 2026, 98 percent;
1032	184.11 - 184.11	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(II)(cc)	for 2027, 95 percent;
1033	184.12 - 184.12	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(II)(dd)	for 2028, 92 percent;
1034	184.13 - 184.13	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(II)(ee)	for 2029, 90 percent;
1035	184.14 - 184.15	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(II)(ff)	for 2030, 85 percent; and
1036	184.16 - 184.17	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(B)(iii)(II)(gg)	for 2031 and each subsequent year, 80 percent.
1037	184.18 - 184.19	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)	PHASE-IN FOR SPECIFIED SMALL MANUFACTURERS.
1038	184.20 - 185.4	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(i)	IN GENERAL. In the case of an applicable drug of a specified small manufacturer (as defined in clause (ii)) that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary, the term ‘discounted price’ means the specified small manufacturer percent (as defined in clause (iii)) of the negotiated price of the applicable drug of the manufacturer.
1039	185.5 - 185.6	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(ii)	SPECIFIED SMALL MANUFACTURER.
1040	185.7 - 185.11	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(ii)(I)	IN GENERAL. In this subparagraph, subject to subclause (III), the term ‘specified small manufacturer’ means a manufacturer of an applicable drug for which, in 2021
1041	185.12 - 185.14	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(ii)(I)(aa)	the manufacturer is a specified manufacturer (as defined in subparagraph (B)(ii)); and
1042	185.15 - 186.6	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(ii)(I)(bb)	the total expenditures under part D for any one of the specified small manufacturer drugs of the manufacturer that are covered by the agreement or agreements under section 1860D– 14A of such manufacturer for such year and covered under this part during such year are equal to or more than 80 percent of the total expenditures under this part for all specified small manufacturer drugs of the manufacturer that are covered by such agreement or agreements for such year and covered under this part during such year.
1043	186.7 - 186.8	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(ii)(II)	SPECIFIED SMALL MANUFACTURER DRUGS.
1044	186.9 - 186.17	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(ii)(II)(aa)	IN GENERAL. For purposes of this clause, the term ‘specified small manufacturer drugs’ means, with respect to a specified small manufacturer, for 2021, an applicable drug that is produced, prepared, propagated, compounded, converted, or processed by the manufacturer.
1045	186.18 - 187.6	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(ii)(II)(bb)	AGGREGATION RULE. All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as one manufacturer for purposes of this subparagraph. For purposes of making a determination pursuant to the previous sentence, an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the Secretary as necessary.
1046	187.7 - 187.17	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(ii)(III)	LIMITATION. The term ‘specified small manufacturer’ shall not include a manufacturer described in subclause (I) if such manufacturer is acquired after 2021 by another manufacturer that is not a specified small manufacturer, effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2025, effective January 1, 2025.
1047	187.18 - 187.21	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)	SPECIFIED SMALL MANUFACTURER PERCENT. In this subparagraph, the term ‘specified small manufacturer percent’ means, with respect to a year
1048	187.22 - 188.5	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(I)	for an applicable drug dispensed for an applicable beneficiary who has not incurred costs, as determined in accordance with section 1860D–2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D– 2(b)(4)(B)(i) for the year
1049	188.6 - 188.6	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(I)(aa)	for 2025, 99 percent;
1050	188.7 - 188.7	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(I)(bb)	for 2026, 98 percent;
1051	188.8 - 188.8	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(I)(cc)	for 2027, 95 percent;
1052	188.9 - 188.10	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(I)(dd)	for 2028, 92 percent; and
1053	188.11 - 188.12	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(I)(ee)	for 2029 and each subsequent year, 90 percent; and
1054	188.13 - 188.21	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(II)	for an applicable drug dispensed for an applicable beneficiary who has incurred costs, as determined in accordance with section 1860D– 2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B)(i) for the year
1055	188.22 - 188.22	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(II)(aa)	for 2025, 99 percent;
1056	188.23 - 188.23	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(II)(bb)	for 2026, 98 percent;
1057	188.24 - 188.24	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(II)(cc)	for 2027, 95 percent;
1058	188.25 - 188.25	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(II)(dd)	for 2028, 92 percent;
1059	189.1 - 189.1	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(II)(ee)	for 2029, 90 percent;
1060	189.2 - 189.3	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(II)(ff)	for 2030, 85 percent; and
1061	189.4 - 189.5	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(C)(iii)(II)(gg)	for 2031 and each subsequent year, 80 percent.
1062	189.6 - 189.15	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(D)	TOTAL EXPENDITURES. For purposes of this paragraph, the term ‘total expenditures’ includes, in the case of expenditures with respect to part D, the total gross covered prescription drug costs as defined in section 1860D–15(b)(3). The term ‘total expenditures’ excludes, in the case of expenditures with respect to part B, expenditures for a drug or biological that are bundled or packaged into the payment for another service.
1063	189.16 - 189.17	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(E)	SPECIAL CASE FOR CERTAIN CLAIMS.
1064	189.18 - 190.4	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(E)(i)	CLAIMS SPANNING DEDUCTIBLE. In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall above the annual deductible specified in section 1860D–2(b)(1) for the year, the manufacturer of the applicable drug shall provide the discounted price under this section on only the portion of the negotiated price of the applicable drug that falls above such annual deductible.
1065	190.5 - 190.14	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(E)(ii)	CLAIMS SPANNING OUT-OF-POCKET THRESHOLD. In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall entirely below or entirely above the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B)(i) for the year, the manufacturer of the applicable drug shall provide the discounted price
1066	190.15 - 190.18	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(E)(ii)(I)	in accordance with subparagraph (A)(i) on the portion of the negotiated price of the applicable drug that falls below such threshold; and
1067	190.19 - 190.22	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(4)(E)(ii)(II)	in accordance with subparagraph (A)(ii) on the portion of such price of such drug that falls at or above such threshold.
1068	190.23 - 191.7	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(5)	MANUFACTURER. The term ‘manufacturer’ means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law.
1069	191.8 - 191.13	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(6)	NEGOTIATED PRICE. The term ‘negotiated price’ has the meaning given such term for purposes of section 1860D–2(d)(1)(B), and, with respect to an applicable drug, such negotiated price shall include any dispensing fee and, if applicable, any vaccine administration fee for the applicable drug.
1070	191.14 - 191.17	[SEC. 11201.(c)(1)] SEC. 1860D–14C.(g)(7)	QUALIFIED RETIREE PRESCRIPTION DRUG PLAN. The term ‘qualified retiree prescription drug plan’ has the meaning given such term in section 1860D–22(a)(2).
1071	191.18 - 192.8	[SEC. 11201.(c)(1)] SEC. 1860D–14D.	SELECTED DRUG SUBSIDY PROGRAM. ‘‘With respect to covered part D drugs that would be applicable drugs (as defined in section 1860D–14C(g)(2)) but for the application of subparagraph (B) of such section, the Secretary shall provide a process whereby, in the case of an applicable beneficiary (as defined in section 1860D– 14C(g)(1)) who, with respect to a year, is enrolled in a prescription drug plan or is enrolled in an MA–PD plan, has not incurred costs that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D– 2(b)(4)(B)(i), and is dispensed such a drug, the Secretary (periodically and on a timely basis) provides the PDP sponsor or the MA organization offering the plan, a subsidy with respect to such drug that is equal to 10 percent of the negotiated price (as defined in section 1860D–14C(g)(6)) of such drug.’’.
1072	192.9 - 192.11	SEC. 11201.(c)(2)	SUNSET OF MEDICARE COVERAGE GAP DISCOUNT PROGRAM. Section 1860D–14A of the Social Security Act (42 U.S.C. 1395w–114a) is amended
1073	192.12 - 192.14	SEC. 11201.(c)(2)(A)	in subsection (a), in the first sentence, by striking ‘‘The Secretary’’ and inserting ‘‘Subject to subsection (h), the Secretary’’; and
1074	192.15 - 192.16	SEC. 11201.(c)(2)(B)	by adding at the end the following new subsection:
1075	192.17 - 192.17	[SEC. 11201.(c)(2)(B)] (h)	SUNSET OF PROGRAM.
1076	192.18 - 192.22	[SEC. 11201.(c)(2)(B)] (h)(1)	IN GENERAL. The program shall not apply with respect to applicable drugs dispensed on or after January 1, 2025, and, subject to paragraph (2), agreements under this section shall be terminated as of such date.
1077	192.23 - 193.3	[SEC. 11201.(c)(2)(B)] (h)(2)	CONTINUED APPLICATION FOR APPLICABLE DRUGS DISPENSED PRIOR TO SUNSET. The provisions of this section (including all responsibilities and duties) shall continue to apply on and after January 1, 2025, with respect to applicable drugs dispensed prior to such date.’’.
1078	193.4 - 193.7	SEC. 11201.(c)(3)	SELECTED DRUG SUBSIDY PAYMENTS FROM MEDICARE PRESCRIPTION DRUG ACCOUNT. Section 1860D–16(b)(1) of the Social Security Act (42 U.S.C. 1395w–116(b)(1)) is amended
1079	193.8 - 193.9	SEC. 11201.(c)(3)(A)	in subparagraph (C), by striking ‘‘and’’ at the end;
1080	193.10 - 193.11	SEC. 11201.(c)(3)(B)	in subparagraph (D), by striking the period at the end and inserting ‘‘; and’’; and
1081	193.12 - 193.13	SEC. 11201.(c)(3)(C)	by adding at the end the following new subparagraph:
1082	193.14 - 193.15	[SEC. 11201.(c)(3)(C)] (E)	payments under section 1860D–14D (relating to selected drug subsidy payments).’’.
1083	193.16 - 193.16	SEC. 11201.(d)	MEDICARE PART D PREMIUM STABILIZATION.
1084	193.17 - 193.19	SEC. 11201.(d)(1)	2024 THROUGH 2029. Section 1860D–13 of the Social Security Act (42 U.S.C. 1395w–113) is amended
1085	193.20 - 193.20	SEC. 11201.(d)(1)(A)	in subsection (a)
1086	193.21 - 193.23	SEC. 11201.(d)(1)(A)(i)	in paragraph (1)(A), by inserting ‘‘or (8) (as applicable)’’ after ‘‘paragraph (2)’’;
1088	193.24 - 194.2	SEC. 11201.(d)(1)(A)(ii)	in paragraph (2), in the matter preceding subparagraph (A), by striking ‘‘The base’’ and inserting ‘‘Subject to paragraph (8), the base’’;
1089	194.3 - 194.3	SEC. 11201.(d)(1)(A)(iii)	in paragraph (7)
1090	194.4 - 194.6	SEC. 11201.(d)(1)(A)(iii)(I)	in subparagraph (B)(ii), by inserting ‘‘or (8) (as applicable)’’ after ‘‘paragraph (2)’’; and
1091	194.7 - 194.9	SEC. 11201.(d)(1)(A)(iii)(II)	in subparagraph (E)(i), by inserting ‘‘or (8) (as applicable)’’ after ‘‘paragraph (2)’’; and
1092	194.10 - 194.11	SEC. 11201.(d)(1)(A)(iv)	by adding at the end the following new paragraph:
1093	194.12 - 194.12	[SEC. 11201.(d)(1)(A)(iv)] (8)	PREMIUM STABILIZATION.
1094	194.13 - 194.16	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)	IN GENERAL. The base beneficiary premium under this paragraph for a prescription drug plan for a month in 2024 through 2029 shall be computed as follows:
1095	194.17 - 194.19	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(i)	2024. The base beneficiary premium for a month in 2024 shall be equal to the lesser of
1096	194.20 - 194.23	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(i)(I)	the base beneficiary premium computed under paragraph (2) for a month in 2023 increased by 6 percent; or
1097	194.24 - 195.3	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(i)(II)	the base beneficiary premium computed under paragraph (2) for a month in 2024 that would have applied if this paragraph had not been enacted.
1098	195.4 - 195.6	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(ii)	2025. The base beneficiary premium for a month in 2025 shall be equal to the lesser of
1099	195.7 - 195.9	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(ii)(I)	the base beneficiary premium computed under clause (i) for a month in 2024 increased by 6 percent; or
1100	195.10 - 195.14	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(ii)(II)	the base beneficiary premium computed under paragraph (2) for a month in 2025 that would have applied if this paragraph had not been enacted.
1101	195.15 - 195.17	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(iii)	2026. The base beneficiary premium for a month in 2026 shall be equal to the lesser of
1102	195.18 - 195.20	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(iii)(I)	the base beneficiary premium computed under clause (ii) for a month in 2025 increased by 6 percent; or
1103	195.21 - 195.25	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(iii)(II)	the base beneficiary premium computed under paragraph (2) for a month in 2026 that would have applied if this paragraph had not been enacted.
1104	196.1 - 196.3	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(iv)	2027. The base beneficiary premium for a month in 2027 shall be equal to the lesser of
1105	196.4 - 196.7	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(iv)(I)	the base beneficiary premium computed under clause (iii) for a month in 2026 increased by 6 percent; or
1106	196.8 - 196.12	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(iv)(II)	the base beneficiary premium computed under paragraph (2) for a month in 2027 that would have applied if this paragraph had not been enacted.
1107	196.13 - 196.15	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(v)	2028. The base beneficiary premium for a month in 2028 shall be equal to the lesser of
1108	196.16 - 196.19	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(v)(I)	the base beneficiary premium computed under clause (iv) for a month in 2027 increased by 6 percent; or
1109	196.20 - 196.24	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(v)(II)	the base beneficiary premium computed under paragraph (2) for a month in 2028 that would have applied if this paragraph had not been enacted.
1110	197.1 - 197.3	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(vi)	2029. The base beneficiary premium for a month in 2029 shall be equal to the lesser of
1111	197.4 - 197.6	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(vi)(I)	the base beneficiary premium computed under clause (v) for a month in 2028 increased by 6 percent; or
1112	197.7 - 197.11	[SEC. 11201.(d)(1)(A)(iv)] (8)(A)(vi)(II)	the base beneficiary premium computed under paragraph (2) for a month in 2029 that would have applied if this paragraph had not been enacted.
1113	197.12 - 197.16	[SEC. 11201.(d)(1)(A)(iv)] (8)(B)	CLARIFICATION REGARDING 2030 AND SUBSEQUENT YEARS. The base beneficiary premium for a month in 2030 or a subsequent year shall be computed under paragraph (2) without regard to this paragraph.’’; and
1114	197.17 - 197.19	SEC. 11201.(d)(1)(B)	in subsection (b)(3)(A)(ii), by striking ‘‘subsection (a)(2)’’ and inserting ‘‘paragraph (2)  or (8) of subsection (a) (as applicable)’’.
1116	197.20 - 197.24	SEC. 11201.(d)(2)	ADJUSTMENT TO BENEFICIARY PREMIUM PERCENTAGE FOR 2030 AND SUBSEQUENT YEARS. Section 1860D–13(a) of the Social Security Act (42 U.S.C. 1395w–113(a)), as amended by paragraph (1), is amended
1118	198.1 - 198.4	SEC. 11201.(d)(2)(A)	in paragraph (3)(A), by inserting ‘‘(or, for 2030 and each subsequent year, the percent specified under paragraph (9))’’ after ‘‘25.5 percent’’; and
1119	198.5 - 198.6	SEC. 11201.(d)(2)(B)	by adding at the end the following new paragraph:
1120	198.7 - 198.7	[SEC. 11201.(d)(2)(B)] (9)	PERCENT SPECIFIED.
1121	198.8 - 198.15	[SEC. 11201.(d)(2)(B)] (9)(A)	IN GENERAL. Subject to subparagraph (B), for purposes of paragraph (3)(A), the percent specified under this paragraph for 2030 and each subsequent year is the percent that the Secretary determines is necessary to ensure that the base beneficiary premium computed under paragraph (2) for a month in 2030 is equal to the lesser of
1122	198.16 - 198.18	[SEC. 11201.(d)(2)(B)] (9)(A)(i)	the base beneficiary premium computed under paragraph (8)(A)(vi) for a month in 2029 increased by 6 percent; or
1123	198.19 - 198.22	[SEC. 11201.(d)(2)(B)] (9)(A)(ii)	the base beneficiary premium computed under paragraph (2) for a month in 2030 that would have applied if this paragraph had not been enacted.
1124	198.23 - 198.25	[SEC. 11201.(d)(2)(B)] (9)(B)	FLOOR. The percent specified under subparagraph (A) may not be less than 20 percent.’’.
1125	199.1 - 199.1	SEC. 11201.(d)(3)	CONFORMING AMENDMENTS.
1126	199.2 - 199.6	SEC. 11201.(d)(3)(A)	Section 1854(b)(2)(B) of the Social Security Act 42 U.S.C. 1395w–24(b)(2)(B)) is amended by striking ‘‘section 1860D–13(a)(2)’’ and inserting ‘‘paragraph (2) or (8) (as applicable) of section 1860D–13(a)’’.
1127	199.7 - 199.11	SEC. 11201.(d)(3)(B)	Section 1860D–11(g)(6) of the Social Security Act (42 U.S.C. 1395w–111(g)(6)) is amended by inserting ‘‘(or, for 2030 and each subsequent year, the percent specified under section 1860D–13(a)(9))’’ after ‘‘25.5 percent’’.
1128	199.12 - 199.14	SEC. 11201.(d)(3)(C)	Section 1860D–13(a)(7)(B)(i) of the Social Security Act (42 U.S.C. 1395w– 113(a)(7)(B)(i)) is amended
1129	199.15 - 199.18	SEC. 11201.(d)(3)(C)(i)	in subclause (I), by inserting ‘‘(or, for 2030 and each subsequent year, the percent specified under paragraph (9))’’ after ‘‘25.5 percent’’; and
1130	199.19 - 199.22	SEC. 11201.(d)(3)(C)(ii)	in subclause (II), by inserting ‘‘(or, for 2030 and each subsequent year, the percent specified under paragraph (9))’’ after ‘‘25.5 percent’’.
1131	199.23 - 199.25	SEC. 11201.(d)(3)(D)	Section 1860D–15(a) of the Social Security Act (42 U.S.C. 1395w–115(a)) is amended
1132	200.1 - 200.8	SEC. 11201.(d)(3)(D)(i)	in the matter preceding paragraph (1), by inserting ‘‘(or, for each of 2024 through 2029, the percent applicable as a result of the application of section 1860D– 13(a)(8), or, for 2030 and each subsequent year, 100 percent minus the percent specified under section 1860D–13(a)(9))’’ after ‘‘74.5 percent’’; and
1134	200.9 - 200.12	SEC. 11201.(d)(3)(D)(ii)	in paragraph (1)(B), by striking ‘‘paragraph (2) of section 1860D–13(a)’’ and inserting ‘‘paragraph (2) or (8) of section 1860D–13(a) (as applicable)’’.
1135	200.13 - 200.13	SEC. 11201.(e)	CONFORMING AMENDMENTS.
1136	200.14 - 200.15	SEC. 11201.(e)(1)	Section 1860D–2 of the Social Security Act (42 U.S.C. 1395w–102) is amended
1137	200.16 - 200.19	SEC. 11201.(e)(1)(A)	in subsection (a)(2)(A)(i)(I), by striking ‘‘, or an increase in the initial’’ and inserting ‘‘or, for a year preceding 2025, an increase in the initial’’;
1138	200.20 - 200.20	SEC. 11201.(e)(1)(B)	in subsection (c)(1)(C)
1139	200.21 - 200.22	SEC. 11201.(e)(1)(B)(i)	in the subparagraph heading, by striking ‘‘AT INITIAL COVERAGE LIMIT’’; and
1140	200.23 - 201.3	SEC. 11201.(e)(1)(B)(ii)	by inserting ‘‘for a year preceding 2025 or the annual out-of-pocket threshold specified in subsection (b)(4)(B) for the year for 2025 and each subsequent year’’ after ‘‘subsection (b)(3) for the year’’ each place it appears; and
1141	201.4 - 201.6	SEC. 11201.(e)(1)(C)	in subsection (d)(1)(A), by striking ‘‘or an initial’’ and inserting ‘‘or, for a year preceding 2025, an initial’’.
1142	201.7 - 201.10	SEC. 11201.(e)(2)	Section 1860D–4(a)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395w–104(a)(4)(B)(i)) is amended by striking ‘‘the initial’’ and inserting ‘‘for a year preceding 2025, the initial’’.
1143	201.11 - 201.12	SEC. 11201.(e)(3)	Section 1860D–14(a) of the Social Security Act (42 U.S.C. 1395w–114(a)) is amended
1144	201.13 - 201.13	SEC. 11201.(e)(3)(A)	in paragraph (1)
1145	201.14 - 201.16	SEC. 11201.(e)(3)(A)(i)	in subparagraph (C), by striking ‘‘The continuation’’ and inserting ‘‘For a year preceding 2025, the continuation’’;
1146	201.17 - 201.19	SEC. 11201.(e)(3)(A)(ii)	in subparagraph (D)(iii), by striking ‘‘1860D–2(b)(4)(A)(i)(I)’’ and inserting ‘‘1860D–2(b)(4)(A)(i)(I)(aa)’’; and
1147	201.20 - 201.22	SEC. 11201.(e)(3)(A)(iii)	in subparagraph (E), by striking ‘‘The elimination’’ and inserting ‘‘For a year preceding 2024, the elimination’’; and
1148	201.23 - 201.25	SEC. 11201.(e)(3)(B)	in paragraph (2)(E), by striking ‘‘1860D–2(b)(4)(A)(i)(I)’’ and inserting ‘‘1860D–2(b)(4)(A)(i)(I)(aa)’’.
1149	202.1 - 202.4	SEC. 11201.(e)(4)	Section 1860D–21(d)(7) of the Social Security Act (42 U.S.C. 1395w–131(d)(7)) is amended by striking ‘‘section 1860D–2(b)(4)(B)(i)’’ and inserting ‘‘section 1860D–2(b)(4)(C)(i)’’.
1150	202.5 - 202.7	SEC. 11201.(e)(5)	Section 1860D–22(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w–132(a)(2)(A)) is amended
1151	202.8 - 202.11	SEC. 11201.(e)(5)(A)	by striking ‘‘the value of any discount’’ and inserting the following: ‘‘the value of (i)  for years prior to 2025, any discount’’;
1153	202.12 - 202.14	SEC. 11201.(e)(5)(B)	in clause (i), as inserted by subparagraph (A) of this paragraph, by striking the period at the end and inserting ‘‘; and’’; and
1154	202.15 - 202.16	SEC. 11201.(e)(5)(C)	by adding at the end the following new clause:
1155	202.17 - 202.19	[SEC. 11201.(e)(5)(C)] (ii)	for 2025 and each subsequent year, any discount provided pursuant to section 1860D–14C.’’.
1156	202.20 - 202.21	SEC. 11201.(e)(6)	Section 1860D–41(a)(6) of the Social Security Act (42 U.S.C. 1395w–151(a)(6)) is amended
1157	202.22 - 202.23	SEC. 11201.(e)(6)(A)	by inserting ‘‘for a year before 2025’’ after ‘‘1860D–2(b)(3)’’; and
1158	202.24 - 202.25	SEC. 11201.(e)(6)(B)	by inserting ‘‘for such year’’ before the period.
1159	203.1 - 203.2	SEC. 11201.(e)(7)	Section 1860D–43 of the Social Security Act (42 U.S.C. 1395w–153) is amended
1160	203.3 - 203.3	SEC. 11201.(e)(7)(A)	in subsection (a)
1161	203.4 - 203.5	SEC. 11201.(e)(7)(A)(i)	by striking paragraph (1) and inserting the following:
1162	203.6 - 203.6	[SEC. 11201.(e)(7)(A)(i)] (1)	participate in
1163	203.7 - 203.9	[SEC. 11201.(e)(7)(A)(i)] (1)(A)	for 2011 through 2024, the Medicare coverage gap discount program under section 1860D–14A; and
1164	203.10 - 203.12	[SEC. 11201.(e)(7)(A)(i)] (1)(B)	for 2025 and each subsequent year, the manufacturer discount program under section 1860D–14C;’’;
1165	203.13 - 203.14	SEC. 11201.(e)(7)(A)(ii)	by striking paragraph (2) and inserting the following:
1166	203.15 - 203.15	[SEC. 11201.(e)(7)(A)(ii)] (2)	have entered into and have in effect
1167	203.16 - 203.18	[SEC. 11201.(e)(7)(A)(ii)] (2)(A)	for 2011 through 2024, an agreement described in subsection (b) of section 1860D–14A with the Secretary; and
1168	203.19 - 203.21	[SEC. 11201.(e)(7)(A)(ii)] (2)(B)	for 2025 and each subsequent year, an agreement described in subsection (b) of section 1860D–14C with the Secretary; and’’; and
1169	203.22 - 203.24	SEC. 11201.(e)(7)(A)(iii)	in paragraph (3), by striking ‘‘such section’’ and inserting ‘‘section 1860D–14A’’; and
1170	204.1 - 204.2	SEC. 11201.(e)(7)(B)	by striking subsection (b) and inserting the following:
1171	204.3 - 204.9	[SEC. 11201.(e)(7)(B)] (b)	EFFECTIVE DATE. Paragraphs (1)(A), (2)(A), and (3) of subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011, and before January 1, 2025, and paragraphs (1)(B) and (2)(B) of such subsection shall apply to covered part D drugs dispensed under this part on or after January 1, 2025.’’.
1172	204.10 - 204.11	SEC. 11201.(e)(8)	Section 1927 of the Social Security Act (42 U.S.C. 1396r–8) is amended
1173	204.12 - 204.15	SEC. 11201.(e)(8)(A)	in subsection (c)(1)(C)(i)(VI), by inserting before the period at the end the following: ‘‘or under the manufacturer discount program under section 1860D–14C’’; and
1174	204.16 - 204.18	SEC. 11201.(e)(8)(B)	in subsection (k)(1)(B)(i)(V), by inserting before the period at the end the following: ‘‘or under section 1860D–14C’’.
1175	204.19 - 204.22	SEC. 11201.(f)	IMPLEMENTATION FOR 2024 THROUGH 2026. The Secretary shall implement this section, including the amendments made by this section, for 2024, 2025, and 2026 by program instruction or other forms of program guidance.
1176	204.23 - 205.7	SEC. 11201.(g)	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, $341,000,000 for fiscal year 2022, including $20,000,000 and $65,000,000 to carry out the provisions of, including the amendments made by, this section in fiscal years 2022 and 2023, respectively, and $32,000,000 to carry out the provisions of, including the amendments made by, this section in each of fiscal years 2024 through 2031, to remain available until expended.
1177	205.8 - 205.10	TITLE I Subtitle B PART 3 SEC. 11202.	MAXIMUM MONTHLY CAP ON COST-SHARING PAYMENTS UNDER PRESCRIPTION DRUG PLANS AND MA–PD PLANS.
1178	205.11 - 205.12	SEC. 11202.(a)	IN GENERAL. Section 1860D–2(b) of the Social Security Act (42 U.S.C. 1395w–102(b)) is amended
1179	205.13 - 205.13	SEC. 11202.(a)(1)	in paragraph (2)
1180	205.14 - 205.15	SEC. 11202.(a)(1)(A)	in subparagraph (A), by striking ‘‘and (D)’’ and inserting ‘‘, (D), and (E)’’; and
1182	205.16 - 205.17	SEC. 11202.(a)(1)(B)	by adding at the end the following new subparagraph:
1183	205.18 - 205.19	[SEC. 11202.(a)(1)(B)] (E)	MAXIMUM MONTHLY CAP ON COSTSHARING PAYMENTS.
1184	205.20 - 206.6	[SEC. 11202.(a)(1)(B)] (E)(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.
1185	206.7 - 206.14	[SEC. 11202.(a)(1)(B)] (E)(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.
1186	206.15 - 206.22	[SEC. 11202.(a)(1)(B)] (E)(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.
1187	206.23 - 207.2	[SEC. 11202.(a)(1)(B)] (E)(iv)	MAXIMUM MONTHLY CAP DEFINED. In this subparagraph, the term ‘maximum monthly cap’ means, with respect to an enrollee
1188	207.3 - 207.6	[SEC. 11202.(a)(1)(B)] (E)(iv)(I)	for the first month for which the enrollee has made an election pursuant to clause (i), an amount determined by calculating
1189	207.7 - 207.11	[SEC. 11202.(a)(1)(B)] (E)(iv)(I)(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
1190	207.12 - 207.13	[SEC. 11202.(a)(1)(B)] (E)(iv)(I)(bb)	the number of months remaining in the plan year; and
1191	207.14 - 207.15	[SEC. 11202.(a)(1)(B)] (E)(iv)(II)	for a subsequent month, an amount determined by calculating
1192	207.16 - 207.22	[SEC. 11202.(a)(1)(B)] (E)(iv)(II)(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
1193	207.23 - 207.24	[SEC. 11202.(a)(1)(B)] (E)(iv)(II)(bb)	the number of months remaining in the plan year.
1194	208.1 - 208.5	[SEC. 11202.(a)(1)(B)] (E)(v)	ADDITIONAL REQUIREMENTS. The following requirements shall apply with respect to the option to make an election pursuant to clause (i) under this subparagraph:
1195	208.6 - 208.12	[SEC. 11202.(a)(1)(B)] (E)(v)(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).
1196	208.13 - 208.16	[SEC. 11202.(a)(1)(B)] (E)(v)(II)	TIMING OF ELECTION. An enrollee in a prescription drug plan or an MA–PD plan may make such an election
1197	208.17 - 208.18	[SEC. 11202.(a)(1)(B)] (E)(v)(II)(aa)	prior to the beginning of the plan year; or
1198	208.19 - 208.20	[SEC. 11202.(a)(1)(B)] (E)(v)(II)(bb)	in any month during the plan year.
1199	208.21 - 208.25	[SEC. 11202.(a)(1)(B)] (E)(v)(III)	PDP SPONSOR AND MA ORGANIZATION RESPONSIBILITIES. Each PDP sponsor offering a prescription drug plan or MA organization offering an MA–PD plan
1200	209.1 - 209.4	[SEC. 11202.(a)(1)(B)] (E)(v)(III)(aa)	may not limit the option for an enrollee to make such an election to certain covered part D drugs;
1201	209.5 - 209.8	[SEC. 11202.(a)(1)(B)] (E)(v)(III)(bb)	shall, prior to the plan year, notify prospective enrollees of the option to make such an election in promotional materials;
1202	209.9 - 209.11	[SEC. 11202.(a)(1)(B)] (E)(v)(III)(cc)	shall include information on such option in enrollee educational materials;
1203	209.12 - 209.19	[SEC. 11202.(a)(1)(B)] (E)(v)(III)(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;
1204	209.20 - 209.25	[SEC. 11202.(a)(1)(B)] (E)(v)(III)(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;
1205	210.1 - 210.7	[SEC. 11202.(a)(1)(B)] (E)(v)(III)(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
1206	210.8 - 210.14	[SEC. 11202.(a)(1)(B)] (E)(v)(III)(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.
1207	210.15 - 210.18	[SEC. 11202.(a)(1)(B)] (E)(v)(IV)	FAILURE TO PAY AMOUNT BILLED. If an enrollee fails to pay the amount billed for a month as required under this subparagraph
1208	210.19 - 211.3	[SEC. 11202.(a)(1)(B)] (E)(v)(IV)(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
1209	211.4 - 211.8	[SEC. 11202.(a)(1)(B)] (E)(v)(IV)(bb)	the PDP sponsor or MA organization may preclude the enrollee from making an election pursuant to clause (i) in a subsequent plan year.
1210	211.9 - 211.15	[SEC. 11202.(a)(1)(B)] (E)(v)(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.
1211	211.16 - 211.23	[SEC. 11202.(a)(1)(B)] (E)(v)(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
1212	211.24 - 211.24	SEC. 11202.(a)(2)	in paragraph (4)
1213	212.1 - 212.3	SEC. 11202.(a)(2)(A)	in subparagraph (C), by striking ‘‘subparagraph (E)’’ and inserting ‘‘subparagraph (E)  or subparagraph (F)’’; and
1215	212.4 - 212.5	SEC. 11202.(a)(2)(B)	by adding at the end the following new subparagraph:
1216	212.6 - 212.13	[SEC. 11202.(a)(2)(B)] (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.’’.
1217	212.14 - 212.17	SEC. 11202.(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:
1218	212.18 - 212.23	[SEC. 11202.(b)] (4)	SAME MAXIMUM MONTHLY CAP ON COSTSHARING. 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.’’.
1219	212.24 - 213.2	SEC. 11202.(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.
1220	213.3 - 213.9	SEC. 11202.(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.
1221	213.10 - 213.11	TITLE I Subtitle B PART 4	CONTINUED DELAY OF IMPLEMENTATION OF PRESCRIPTION DRUG REBATE RULE
1222	213.12 - 214.2	TITLE I Subtitle B PART 4 SEC. 11301.	EXTENSION OF MORATORIUM ON IMPLEMENTATION OF RULE RELATING 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-ofSale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees’’ (85 Fed. Reg. 76666).
1223	214.3 - 214.3	TITLE I Subtitle B PART 5	MISCELLANEOUS
1224	214.4 - 214.7	TITLE I Subtitle B PART 5 SEC. 11401.	COVERAGE OF ADULT VACCINES RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES UNDER MEDICARE PART D.
1225	214.8 - 214.12	SEC. 11401.(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
1226	214.13 - 214.13	SEC. 11401.(a)(1)	in subsection (b)
1227	214.14 - 214.16	SEC. 11401.(a)(1)(A)	in paragraph (1)(A), by striking ‘‘The coverage’’ and inserting ‘‘Subject to paragraph (8), the coverage’’;
1229	214.17 - 214.17	SEC. 11401.(a)(1)(B)	in paragraph (2)
1230	214.18 - 214.19	SEC. 11401.(a)(1)(B)(i)	in subparagraph (A), by inserting ‘‘and paragraph (8)’’ after ‘‘and (E)’’;
1231	214.20 - 214.23	SEC. 11401.(a)(1)(B)(ii)	in subparagraph (C)(i), in the matter preceding subclause (I), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4)  and (8)’’; and
1233	214.24 - 215.2	SEC. 11401.(a)(1)(B)(iii)	in subparagraph (D)(i), in the matter preceding subclause (I), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4)  and (8)’’;
1235	215.3 - 215.5	SEC. 11401.(a)(1)(C)	in paragraph (3)(A), in the matter preceding clause (i), by striking ‘‘and (4)’’ and inserting ‘‘(4), and (8)’’;
1236	215.6 - 215.8	SEC. 11401.(a)(1)(D)	in paragraph (4)(A)(i), by striking ‘‘The coverage’’ and inserting ‘‘Subject to paragraph (8), the coverage’’; and
1237	215.9 - 215.10	SEC. 11401.(a)(1)(E)	by adding at the end the following new paragraph:
1238	215.11 - 215.14	[SEC. 11401.(a)(1)(E)] (8)	TREATMENT OF COST-SHARING FOR ADULT VACCINES RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES CONSISTENT WITH TREATMENT OF VACCINES UNDER PART B.
1239	215.15 - 215.19	[SEC. 11401.(a)(1)(E)] (8)(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))
1240	215.20 - 215.21	[SEC. 11401.(a)(1)(E)] (8)(A)(i)	the deductible under paragraph (1)  shall not apply; and
1242	215.22 - 215.24	[SEC. 11401.(a)(1)(E)] (8)(A)(ii)	there shall be no coinsurance or other cost-sharing under this part with respect to such vaccine.
1243	216.1 - 216.12	[SEC. 11401.(a)(1)(E)] (8)(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
1244	216.13 - 216.14	SEC. 11401.(a)(2)	in subsection (c), by adding at the end the following new paragraph:
1245	216.15 - 216.18	[SEC. 11401.(a)(2)] (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).’’.
1246	216.19 - 216.22	SEC. 11401.(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
1247	216.23 - 216.25	SEC. 11401.(b)(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’’;
1248	217.1 - 217.1	SEC. 11401.(b)(2)	in paragraph (2)
1249	217.2 - 217.4	SEC. 11401.(b)(2)(A)	in subparagraph (B), by striking ‘‘A reduction’’ and inserting ‘‘Subject to section 1860D–2(b)(8), a reduction’’;
1250	217.5 - 217.7	SEC. 11401.(b)(2)(B)	in subparagraph (D), by striking ‘‘The substitution’’ and inserting ‘‘Subject to paragraph (6), the substitution’’; and
1251	217.8 - 217.10	SEC. 11401.(b)(2)(C)	in subparagraph (E), by striking ‘‘subsection (c)’’ and inserting ‘‘paragraph (6) of this subsection and subsection (c)’’; and
1252	217.11 - 217.12	SEC. 11401.(b)(3)	by adding at the end the following new paragraph:
1253	217.13 - 217.20	[SEC. 11401.(b)(3)] (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))
1254	217.21 - 217.22	[SEC. 11401.(b)(3)] (6)(A)	the deductible under section 1860D– 2(b)(1) shall not apply; and
1255	217.23 - 217.24	[SEC. 11401.(b)(3)] (6)(B)	there shall be no cost-sharing under this section with respect to such vaccine.’’.
1256	217.25 - 217.25	SEC. 11401.(c)	TEMPORARY RETROSPECTIVE SUBSIDY.
1257	218.1 - 218.3	SEC. 11401.(c)(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:
1258	218.4 - 218.7	[SEC. 11401.(c)(1)] (h)	TEMPORARY RETROSPECTIVE SUBSIDY FOR REDUCTION IN COST-SHARING AND DEDUCTIBLE FOR ADULT VACCINES RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES DURING 2023.
1259	218.8 - 218.17	[SEC. 11401.(c)(1)] (h)(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.
1260	218.18 - 218.21	[SEC. 11401.(c)(1)] (h)(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.’’.
1261	218.22 - 218.25	SEC. 11401.(c)(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
1262	219.1 - 219.2	SEC. 11401.(c)(2)(A)	in item (cc), by striking ‘‘or’’ at the end; and
1263	219.3 - 219.4	SEC. 11401.(c)(2)(B)	by adding at the end the following new item:
1264	219.5 - 219.6	[SEC. 11401.(c)(2)(B)] (dd)	under section 1860D– 15(h); or’’.
1265	219.7 - 219.11	SEC. 11401.(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.
1266	219.12 - 219.16	SEC. 11401.(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.
1267	219.17 - 219.20	TITLE I Subtitle B PART 5 SEC. 11402.	PAYMENT FOR BIOSIMILAR BIOLOGICAL PRODUCTS DURING INITIAL PERIOD. Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 1395w–3a(c)(4)) is amended
1269	219.21 - 219.24	SEC. 11402.(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;
1271	220.1 - 220.3	SEC. 11402.(2)	by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right;
1272	220.4 - 220.7	SEC. 11402.(3)	by striking ‘‘UNAVAILABLE. In the case’’ and inserting ‘‘UNAVAILABLE. (A)  IN GENERAL. Subject to subparagraph (B), in the case’’; and
1274	220.8 - 220.9	SEC. 11402.(4)	by adding at the end the following new subparagraph:
1275	220.10 - 220.18	[SEC. 11402.(4)] (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:
1276	220.19 - 220.21	[SEC. 11402.(4)] (B)(i)	The amount determined under clause (ii) of such subparagraph for the biosimilar biological product.
1277	220.22 - 220.24	[SEC. 11402.(4)] (B)(ii)	The amount determined under subsection (b)(1)(B) for the reference biological product.’’.
1278	221.1 - 221.5	TITLE I Subtitle B PART 5 SEC. 11403.	TEMPORARY INCREASE IN MEDICARE PART B PAYMENT FOR CERTAIN BIOSIMILAR BIOLOGICAL PRODUCTS. Section 1847A(b)(8) of the Social Security Act (42 U.S.C. 1395w–3a(b)(8)) is amended
1280	221.6 - 221.9	SEC. 11403.(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;
1281	221.10 - 221.13	SEC. 11403.(2)	by striking ‘‘PRODUCT. The amount’’ and inserting the following: ‘‘PRODUCT. (A)  IN GENERAL. Subject to subparagraph (B), the amount’’; and
1283	221.14 - 221.15	SEC. 11403.(3)	by adding at the end the following new subparagraph:
1284	221.16 - 221.16	[SEC. 11403.(3)] (B)	TEMPORARY PAYMENT INCREASE.
1285	221.17 - 221.26	[SEC. 11403.(3)] (B)(i)	IN GENERAL. In the case of a qualifying biosimilar biological product that is furnished during the applicable 5year 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’.
1286	222.1 - 222.4	[SEC. 11403.(3)] (B)(ii)	APPLICABLE 5-YEAR PERIOD. For purposes of clause (i), the applicable 5year period for a qualifying biosimilar biological product is
1287	222.5 - 222.9	[SEC. 11403.(3)] (B)(ii)(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
1288	222.10 - 222.18	[SEC. 11403.(3)] (B)(ii)(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.
1289	222.19 - 222.24	[SEC. 11403.(3)] (B)(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
1290	223.1 - 223.9	[SEC. 11403.(3)] (B)(iii)(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 5year 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
1291	223.10 - 223.18	[SEC. 11403.(3)] (B)(iii)(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 5year 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.’’.
1292	223.19 - 223.24	TITLE I Subtitle B PART 5 SEC. 11404.	EXPANDING ELIGIBILITY FOR LOW-INCOME SUBSIDIES UNDER PART D 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
1294	224.1 - 224.3	SEC. 11404.(1)	in the subsection heading, by striking ‘‘INDIVIDUALS’’ and all that follows through ‘‘LINE’’ and inserting ‘‘CERTAIN INDIVIDUALS’’;
1295	224.4 - 224.4	SEC. 11404.(2)	in paragraph (1)
1296	224.5 - 224.7	SEC. 11404.(2)(A)	by striking the paragraph heading and inserting ‘‘INDIVIDUALS WITH CERTAIN LOW INCOMES’’; and
1297	224.8 - 224.9	SEC. 11404.(2)(B)	in the matter preceding subparagraph (A) 
1299	224.10 - 224.13	SEC. 11404.(2)(B)(i)	by inserting ‘‘(or, with respect to a plan year beginning on or after January 1, 2024, 150 percent)’’ after ‘‘135 percent’’; and
1300	224.14 - 224.18	SEC. 11404.(2)(B)(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
1302	224.19 - 224.19	SEC. 11404.(3)	in paragraph (2)
1303	224.20 - 224.22	SEC. 11404.(3)(A)	by striking the paragraph heading and inserting ‘‘OTHER LOW-INCOME INDIVIDUALS’’; and
1304	224.23 - 225.2	SEC. 11404.(3)(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’’.
1306	225.3 - 225.4	TITLE I Subtitle B PART 5 SEC. 11405.	IMPROVING ACCESS TO ADULT VACCINES UNDER MEDICAID AND CHIP.
1307	225.5 - 225.5	SEC. 11405.(a)	MEDICAID.
1308	225.6 - 225.7	SEC. 11405.(a)(1)	REQUIRING COVERAGE OF ADULT VACCINATIONS.
1309	225.8 - 225.12	SEC. 11405.(a)(1)(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),’’.
1311	225.13 - 225.16	SEC. 11405.(a)(1)(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)’’.
1313	225.17 - 225.17	SEC. 11405.(a)(2)	NO COST SHARING FOR VACCINATIONS.
1314	225.18 - 225.20	SEC. 11405.(a)(2)(A)	GENERAL COST-SHARING LIMITATIONS. Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended
1315	225.21 - 225.21	SEC. 11405.(a)(2)(A)(i)	in subsection (a)(2)
1316	225.22 - 225.23	SEC. 11405.(a)(2)(A)(i)(I)	in subparagraph (G), by inserting a comma after ‘‘State plan’’;
1317	225.24 - 225.25	SEC. 11405.(a)(2)(A)(i)(II)	in subparagraph (H), by striking ‘‘; or’’ and inserting a comma;
1318	226.1 - 226.3	SEC. 11405.(a)(2)(A)(i)(III)	in subparagraph (I), by striking ‘‘; and’’ and inserting ‘‘, or’’; and
1319	226.4 - 226.5	SEC. 11405.(a)(2)(A)(i)(IV)	by adding at the end the following new subparagraph:
1320	226.6 - 226.8	[SEC. 11405.(a)(2)(A)(i)(IV)] (J)	vaccines described in section 1905(a)(13)(B) and the administration of such vaccines; and’’; and
1321	226.9 - 226.9	SEC. 11405.(a)(2)(A)(ii)	in subsection (b)(2)
1322	226.10 - 226.11	SEC. 11405.(a)(2)(A)(ii)(I)	in subparagraph (G), by inserting a comma after ‘‘State plan’’;
1323	226.12 - 226.13	SEC. 11405.(a)(2)(A)(ii)(II)	in subparagraph (H), by striking ‘‘; or’’ and inserting a comma;
1324	226.14 - 226.16	SEC. 11405.(a)(2)(A)(ii)(III)	in subparagraph (I), by striking ‘‘; and’’ and inserting ‘‘, or’’; and
1325	226.17 - 226.18	SEC. 11405.(a)(2)(A)(ii)(IV)	by adding at the end the following new subparagraph:
1326	226.19 - 226.21	[SEC. 11405.(a)(2)(A)(ii)(IV)] (J)	vaccines described in section 1905(a)(13)(B) and the administration of such vaccines; and’’.
1327	226.22 - 227.2	SEC. 11405.(a)(2)(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:
1328	227.3 - 227.5	[SEC. 11405.(a)(2)(B)] (xiv)	Vaccines described in section 1905(a)(13)(B) and the administration of such vaccines.’’.
1329	227.6 - 227.8	SEC. 11405.(a)(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
1330	227.9 - 227.10	SEC. 11405.(a)(3)(A)	by striking ‘‘and (5)’’ and inserting (5)’’;
1332	227.11 - 227.16	SEC. 11405.(a)(3)(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’’;
1333	227.17 - 227.19	SEC. 11405.(a)(3)(C)	by striking ‘‘medical assistance for such services and vaccines’’ and inserting ‘‘medical assistance for such services’’; and
1334	227.20 - 228.8	SEC. 11405.(a)(3)(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.
1335	228.9 - 228.9	SEC. 11405.(b)	CHIP.
1336	228.10 - 228.13	SEC. 11405.(b)(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:
1337	228.14 - 228.23	[SEC. 11405.(b)(1)] (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.’’.
1338	228.24 - 229.5	SEC. 11405.(b)(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),’’.
1339	229.6 - 229.14	SEC. 11405.(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.
1340	229.15 - 229.16	TITLE I Subtitle B PART 5 SEC. 11406.	APPROPRIATE COST-SHARING FOR COVERED INSULIN PRODUCTS UNDER MEDICARE PART D.
1341	229.17 - 229.19	SEC. 11406.(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
1342	229.20 - 229.20	SEC. 11406.(a)(1)	in subsection (b)
1343	229.21 - 229.23	SEC. 11406.(a)(1)(A)	in paragraph (1)(A), by striking ‘‘paragraph (8)’’ and inserting ‘‘paragraphs (8) and (9)’’;
1345	229.24 - 229.24	SEC. 11406.(a)(1)(B)	in paragraph (2)
1346	230.1 - 230.3	SEC. 11406.(a)(1)(B)(i)	in subparagraph (A), by striking ‘‘paragraph (8)’’ and inserting ‘‘paragraphs (8)  and (9)’’;
1348	230.4 - 230.7	SEC. 11406.(a)(1)(B)(ii)	in subparagraph (C)(i), in the matter preceding subclause (I), by striking ‘‘and (8)’’ and inserting ‘‘, (8), and (9)’’; and
1349	230.8 - 230.10	SEC. 11406.(a)(1)(B)(iii)	in subparagraph (D)(i), in the matter preceding subclause (I), by striking ‘‘and (8)’’ and inserting ‘‘, (8), and (9)’’;
1350	230.11 - 230.13	SEC. 11406.(a)(1)(C)	in paragraph (3)(A), in the matter preceding clause (i), by striking ‘‘and (8)’’ and inserting ‘‘(8), and (9)’’;
1351	230.14 - 230.16	SEC. 11406.(a)(1)(D)	in paragraph (4)(A)(i), by striking ‘‘paragraph (8)’’ and inserting ‘‘paragraphs (8) and (9)’’; and
1352	230.17 - 230.18	SEC. 11406.(a)(1)(E)	by adding at the end the following new paragraph:
1353	230.19 - 230.20	[SEC. 11406.(a)(1)(E)] (9)	TREATMENT OF COST-SHARING FOR COVERED INSULIN PRODUCTS.
1354	230.21 - 230.25	[SEC. 11406.(a)(1)(E)] (9)(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.
1355	231.1 - 231.1	[SEC. 11406.(a)(1)(E)] (9)(B)	APPLICATION OF COST-SHARING.
1356	231.2 - 231.10	[SEC. 11406.(a)(1)(E)] (9)(B)(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.
1357	231.11 - 231.19	[SEC. 11406.(a)(1)(E)] (9)(B)(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.
1358	231.20 - 232.8	[SEC. 11406.(a)(1)(E)] (9)(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.
1359	232.9 - 232.13	[SEC. 11406.(a)(1)(E)] (9)(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
1360	232.14 - 232.15	[SEC. 11406.(a)(1)(E)] (9)(D)(i)	during plan years 2023, 2024, and 2025, $35; and
1361	232.16 - 232.17	[SEC. 11406.(a)(1)(E)] (9)(D)(ii)	during plan year 2026 and each subsequent plan year, the lesser of
1362	232.18 - 232.18	[SEC. 11406.(a)(1)(E)] (9)(D)(ii)(I)	$35;
1363	232.19 - 232.23	[SEC. 11406.(a)(1)(E)] (9)(D)(ii)(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
1364	232.24 - 233.2	[SEC. 11406.(a)(1)(E)] (9)(D)(ii)(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.
1365	233.3 - 233.14	[SEC. 11406.(a)(1)(E)] (9)(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-ofsale for such month’s supply.’’; and
1366	233.15 - 233.16	SEC. 11406.(a)(2)	in subsection (c), by adding at the end the following new paragraph:
1367	233.17 - 233.19	[SEC. 11406.(a)(2)] (6)	TREATMENT OF COST-SHARING FOR COVERED INSULIN PRODUCTS. The coverage is provided in accordance with subsection (b)(9).’’.
1368	233.20 - 233.23	SEC. 11406.(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
1369	233.24 - 233.24	SEC. 11406.(b)(1)	in paragraph (1)
1370	234.1 - 234.10	SEC. 11406.(b)(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
1371	234.11 - 234.15	SEC. 11406.(b)(1)(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
1372	234.16 - 234.16	SEC. 11406.(b)(2)	in paragraph (2)
1373	234.17 - 234.19	SEC. 11406.(b)(2)(A)	in subparagraph (B), by striking ‘‘section 1860D–2(b)(8)’’ and inserting ‘‘paragraphs (8)  and (9) of section 1860D–2(b)’’;
1375	234.20 - 235.4	SEC. 11406.(b)(2)(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
1376	235.5 - 235.14	SEC. 11406.(b)(2)(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.’’.
1377	235.15 - 235.17	SEC. 11406.(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
1378	235.18 - 235.19	SEC. 11406.(c)(1)	in the subsection heading, by inserting ‘‘AND INSULIN’’ after ‘‘PRACTICES’’; and
1379	235.20 - 235.22	SEC. 11406.(c)(2)	in paragraph (1), by striking ‘‘section 1860D–2(b)(8)’’ and inserting ‘‘paragraph (8) or (9) of section 1860D–2(b)’’.
1380	235.23 - 236.2	SEC. 11406.(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.
1381	236.3 - 236.8	SEC. 11406.(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.
1382	236.9 - 236.13	TITLE I Subtitle B PART 5 SEC. 11407.	LIMITATION ON MONTHLY COINSURANCE AND ADJUSTMENTS TO SUPPLIER PAYMENT UNDER MEDICARE PART B FOR INSULIN FURNISHED THROUGH DURABLE MEDICAL EQUIPMENT.
1383	236.14 - 236.16	SEC. 11407.(a)	WAIVER OF DEDUCTIBLE. The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended
1384	236.17 - 236.18	SEC. 11407.(a)(1)	by striking ‘‘and (12)’’ and inserting ‘‘(12)’’; and
1385	236.19 - 236.23	SEC. 11407.(a)(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).’’.
1386	236.24 - 236.24	SEC. 11407.(b)	COINSURANCE.
1387	237.1 - 237.3	SEC. 11407.(b)(1)	IN GENERAL. Section 1833(a)(1)(S) of the Social Security Act (42 U.S.C. 1395l(a)(1)(S)) is amended
1388	237.4 - 237.5	SEC. 11407.(b)(1)(A)	by inserting ‘‘(i) except as provided in clause (ii),’’ after ‘‘(S)’’; and
1389	237.6 - 237.14	SEC. 11407.(b)(1)(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,’’.
1390	237.15 - 238.2	SEC. 11407.(b)(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.’’.
1392	238.3 - 238.5	SEC. 11407.(c)	IMPLEMENTATION. The Secretary of Health and Human Services shall implement this section for 2023 by program instruction or other forms of program guidance.
1393	238.6 - 238.7	TITLE I Subtitle B PART 5 SEC. 11408.	SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR INSULIN.
1394	238.8 - 238.10	SEC. 11408.(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:
1395	238.11 - 238.12	[SEC. 11408.(a)] (G)	SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR CERTAIN INSULIN PRODUCTS.
1396	238.13 - 238.16	[SEC. 11408.(a)] (G)(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.
1397	238.17 - 238.18	[SEC. 11408.(a)] (G)(ii)	SELECTED INSULIN PRODUCTS. For purposes of this subparagraph
1398	238.19 - 239.2	[SEC. 11408.(a)] (G)(ii)(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.
1399	239.3 - 239.16	[SEC. 11408.(a)] (G)(ii)(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.’’.
1400	239.17 - 239.19	SEC. 11408.(b)	EFFECTIVE DATE. The amendment made by this section shall apply to plan years beginning after December 31, 2022.
1401	240.1 - 240.2	TITLE I Subtitle C	Affordable Care Act Subsidies
1402	240.3 - 240.5	TITLE I Subtitle C SEC. 12001.	IMPROVE AFFORDABILITY AND REDUCE PREMIUM COSTS OF HEALTH INSURANCE FOR CONSUMERS.
1403	240.6 - 240.7	SEC. 12001.(a)	IN GENERAL. Clause (iii) of section 36B(b)(3)(A) of the Internal Revenue Code of 1986 is amended
1404	240.8 - 240.10	SEC. 12001.(a)(1)	by striking ‘‘in 2021 or 2022’’ and inserting ‘‘after December 31, 2020, and before January 1, 2026’’, and
1405	240.11 - 240.12	SEC. 12001.(a)(2)	by striking ‘‘2021 AND 2022’’ in the heading and inserting ‘‘2021 THROUGH 2025’’.
1406	240.13 - 240.17	SEC. 12001.(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
1407	240.18 - 240.20	SEC. 12001.(b)(1)	by striking ‘‘in 2021 or 2022’’ and inserting ‘‘after December 31, 2020, and before January 1, 2026’’, and
1408	240.21 - 240.22	SEC. 12001.(b)(2)	by striking ‘‘2021 AND 2022’’ in the heading and inserting ‘‘2021 THROUGH 2025’’.
1409	240.23 - 240.25	SEC. 12001.(c)	EFFECTIVE DATE. The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
1410	241.1 - 241.1	TITLE I Subtitle D	Energy Security
1411	241.2 - 241.7	TITLE I Subtitle D SEC. 13001.	AMENDMENT OF 1986 CODE. 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.
1412	241.8 - 241.9	TITLE I Subtitle D PART 1	CLEAN ELECTRICITY AND REDUCING CARBON EMISSIONS
1413	241.10 - 241.12	TITLE I Subtitle D PART 1 SEC. 13101.	EXTENSION AND MODIFICATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES.
1414	241.13 - 241.15	SEC. 13101.(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’’:
1415	241.16 - 241.16	SEC. 13101.(a)(1)	Paragraph (2)(A).
1416	241.17 - 241.17	SEC. 13101.(a)(2)	Paragraph (3)(A).
1417	241.18 - 241.18	SEC. 13101.(a)(3)	Paragraph (6).
1418	241.19 - 241.19	SEC. 13101.(a)(4)	Paragraph (7).
1419	241.20 - 241.20	SEC. 13101.(a)(5)	Paragraph (9).
1420	241.21 - 241.21	SEC. 13101.(a)(6)	Paragraph (11)(B).
1421	241.22 - 241.22	SEC. 13101.(b)	BASE CREDIT AMOUNT. Section 45 is amended
1422	241.23 - 241.24	SEC. 13101.(b)(1)	in subsection (a)(1), by striking ‘‘1.5 cents’’ and inserting ‘‘0.3 cents’’, and
1423	242.1 - 242.2	SEC. 13101.(b)(2)	in subsection (b)(2), by striking ‘‘1.5 cent’’ and inserting ‘‘0.3 cent’’.
1424	242.3 - 242.7	SEC. 13101.(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’’.
1425	242.8 - 242.11	SEC. 13101.(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’’.
1426	242.12 - 242.13	SEC. 13101.(e)	APPLICATION OF EXTENSION TO WIND FACILITIES.
1427	242.14 - 242.16	SEC. 13101.(e)(1)	IN GENERAL. Section 45(d)(1) is amended by striking ‘‘January 1, 2022’’ and inserting ‘‘January 1, 2025’’.
1428	242.17 - 242.17	SEC. 13101.(e)(2)	APPLICATION OF PHASEOUT PERCENTAGE.
1429	242.18 - 242.22	SEC. 13101.(e)(2)(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’’.
1430	242.23 - 243.2	SEC. 13101.(e)(2)(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’’.
1431	243.3 - 243.7	SEC. 13101.(e)(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.’’.
1432	243.8 - 243.10	SEC. 13101.(f)	WAGE AND APPRENTICESHIP REQUIREMENTS. Section 45(b) is amended by adding at the end the following new paragraphs:
1434	243.11 - 243.12	[SEC. 13101.(f)] (6)	INCREASED CREDIT AMOUNT FOR QUALIFIED FACILITIES.
1435	243.13 - 243.19	[SEC. 13101.(f)] (6)(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.
1437	243.20 - 243.23	[SEC. 13101.(f)] (6)(B)	QUALIFIED FACILITY REQUIREMENTS. A qualified facility meets the requirements of this subparagraph if it is one of the following:
1438	244.1 - 244.3	[SEC. 13101.(f)] (6)(B)(i)	A facility with a maximum net output of less than 1 megawatt (as measured in alternating current).
1439	244.4 - 244.8	[SEC. 13101.(f)] (6)(B)(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).
1440	244.9 - 244.10	[SEC. 13101.(f)] (6)(B)(iii)	A facility which satisfies the requirements of paragraphs (7)(A) and (8).
1441	244.11 - 244.11	[SEC. 13101.(f)] (7)	PREVAILING WAGE REQUIREMENTS.
1442	244.12 - 244.17	[SEC. 13101.(f)] (7)(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
1443	244.18 - 244.19	[SEC. 13101.(f)] (7)(A)(i)	the construction of such facility, and
1444	244.20 - 245.12	[SEC. 13101.(f)] (7)(A)(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.’’
1447	245.13 - 245.15	[SEC. 13101.(f)] (7)(B)	CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS.
1448	245.16 - 246.4	[SEC. 13101.(f)] (7)(B)(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
1449	246.5 - 246.7	[SEC. 13101.(f)] (7)(B)(i)(I)	makes payment to such laborer or mechanic in an amount equal to the sum of
1450	246.8 - 246.9	[SEC. 13101.(f)] (7)(B)(i)(I)(aa)	an amount equal to the difference between
1451	246.10 - 246.13	[SEC. 13101.(f)] (7)(B)(i)(I)(aa)(AA)	the amount of wages paid to such laborer or mechanic during such period, and
1452	246.14 - 246.19	[SEC. 13101.(f)] (7)(B)(i)(I)(aa)(BB)	the amount of wages required to be paid to such laborer or mechanic pursuant to such subparagraph during such period, plus
1453	246.20 - 247.3	[SEC. 13101.(f)] (7)(B)(i)(I)(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
1454	247.4 - 247.6	[SEC. 13101.(f)] (7)(B)(i)(II)	makes payment to the Secretary of a penalty in an amount equal to the product of
1455	247.7 - 247.7	[SEC. 13101.(f)] (7)(B)(i)(II)(aa)	$5,000, multiplied by
1456	247.8 - 247.13	[SEC. 13101.(f)] (7)(B)(i)(II)(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.
1458	247.14 - 247.20	[SEC. 13101.(f)] (7)(B)(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.
1459	247.21 - 248.2	[SEC. 13101.(f)] (7)(B)(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
1460	248.3 - 248.5	[SEC. 13101.(f)] (7)(B)(iii)(I)	in subclause (I), by substituting ‘three times the sum’ for ‘the sum’, and
1461	248.6 - 248.8	[SEC. 13101.(f)] (7)(B)(iii)(II)	in subclause (II), by substituting ‘$10,000’ for ‘5,000’ in item (aa)  thereof.
1463	248.9 - 248.19	[SEC. 13101.(f)] (7)(B)(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.
1465	248.20 - 248.23	[SEC. 13101.(f)] (8)	APPRENTICESHIP REQUIREMENTS. The requirements described in this paragraph with respect to the construction of any qualified facility are as follows:
1466	248.24 - 248.24	[SEC. 13101.(f)] (8)(A)	LABOR HOURS.
1467	249.1 - 249.10	[SEC. 13101.(f)] (8)(A)(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.
1469	249.11 - 249.13	[SEC. 13101.(f)] (8)(A)(ii)	APPLICABLE PERCENTAGE. For purposes of clause (i), the applicable percentage shall be
1470	249.14 - 249.16	[SEC. 13101.(f)] (8)(A)(ii)(I)	in the case of a qualified facility the construction of which begins before January 1, 2023, 10 percent,
1471	249.17 - 249.20	[SEC. 13101.(f)] (8)(A)(ii)(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
1472	249.21 - 249.24	[SEC. 13101.(f)] (8)(A)(ii)(III)	in the case of a qualified facility the construction of which begins after December 31, 2023, 15 percent.
1473	250.1 - 250.6	[SEC. 13101.(f)] (8)(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.
1475	250.7 - 250.12	[SEC. 13101.(f)] (8)(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.
1476	250.13 - 250.13	[SEC. 13101.(f)] (8)(D)	EXCEPTION.
1477	250.14 - 250.17	[SEC. 13101.(f)] (8)(D)(i)	IN GENERAL. A taxpayer shall not be treated as failing to satisfy the requirements of this paragraph if such taxpayer
1478	250.18 - 250.19	[SEC. 13101.(f)] (8)(D)(i)(I)	satisfies the requirements described in clause (ii), or
1479	250.20 - 251.3	[SEC. 13101.(f)] (8)(D)(i)(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
1480	251.4 - 251.4	[SEC. 13101.(f)] (8)(D)(i)(II)(aa)	$50, multiplied by
1481	251.5 - 251.10	[SEC. 13101.(f)] (8)(D)(i)(II)(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.
1482	251.11 - 251.18	[SEC. 13101.(f)] (8)(D)(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
1483	251.19 - 252.3	[SEC. 13101.(f)] (8)(D)(ii)(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
1484	252.4 - 252.8	[SEC. 13101.(f)] (8)(D)(ii)(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.
1485	252.9 - 252.15	[SEC. 13101.(f)] (8)(D)(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.
1487	252.16 - 252.17	[SEC. 13101.(f)] (8)(E)	DEFINITIONS. For purposes of this paragraph
1488	252.18 - 252.19	[SEC. 13101.(f)] (8)(E)(i)	LABOR HOURS. The term ‘labor hours’
1489	252.20 - 252.25	[SEC. 13101.(f)] (8)(E)(i)(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
1490	253.1 - 253.2	[SEC. 13101.(f)] (8)(E)(i)(II)	excludes any hours worked by
1491	253.3 - 253.3	[SEC. 13101.(f)] (8)(E)(i)(II)(aa)	foremen,
1492	253.4 - 253.4	[SEC. 13101.(f)] (8)(E)(i)(II)(bb)	superintendents,
1493	253.5 - 253.5	[SEC. 13101.(f)] (8)(E)(i)(II)(cc)	owners, or
1494	253.6 - 253.11	[SEC. 13101.(f)] (8)(E)(i)(II)(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).
1495	253.12 - 253.18	[SEC. 13101.(f)] (8)(E)(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).
1496	253.19 - 253.25	[SEC. 13101.(f)] (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.’’.
1497	254.1 - 254.3	SEC. 13101.(g)	DOMESTIC CONTENT, PHASEOUT, AND ENERGY COMMUNITIES. Section 45(b), as amended by subsection (f), is amended
1499	254.4 - 254.5	SEC. 13101.(g)(1)	by redesignating paragraph (9) as paragraph (12), and
1500	254.6 - 254.7	SEC. 13101.(g)(2)	by inserting after paragraph (8) the following:
1501	254.8 - 254.9	[SEC. 13101.(g)(2)] (9)	DOMESTIC CONTENT BONUS CREDIT AMOUNT.
1502	254.10 - 254.16	[SEC. 13101.(g)(2)] (9)(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.
1503	254.17 - 254.17	[SEC. 13101.(g)(2)] (9)(B)	REQUIREMENT.
1504	254.18 - 255.3	[SEC. 13101.(g)(2)] (9)(B)(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).
1505	255.4 - 255.7	[SEC. 13101.(g)(2)] (9)(B)(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.
1506	255.8 - 255.20	[SEC. 13101.(g)(2)] (9)(B)(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.
1507	255.21 - 255.21	[SEC. 13101.(g)(2)] (9)(C)	ADJUSTED PERCENTAGE.
1508	255.22 - 255.25	[SEC. 13101.(g)(2)] (9)(C)(i)	IN GENERAL. Subject to subclause (ii), for purposes of subparagraph (B)(iii), the adjusted percentage shall be 40 percent.
1510	256.1 - 256.5	[SEC. 13101.(g)(2)] (9)(C)(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.
1511	256.6 - 256.6	[SEC. 13101.(g)(2)] (10)	PHASEOUT FOR ELECTIVE PAYMENT.
1512	256.7 - 256.10	[SEC. 13101.(g)(2)] (10)(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
1513	256.11 - 256.13	[SEC. 13101.(g)(2)] (10)(A)(i)	the value of such credit (determined without regard to this paragraph), multiplied by
1514	256.14 - 256.14	[SEC. 13101.(g)(2)] (10)(A)(ii)	the applicable percentage.
1515	256.15 - 256.17	[SEC. 13101.(g)(2)] (10)(B)	100 PERCENT APPLICABLE PERCENTAGE FOR CERTAIN QUALIFIED FACILITIES. In the case of any qualified facility
1516	256.18 - 256.19	[SEC. 13101.(g)(2)] (10)(B)(i)	which satisfies the requirements under paragraph (9)(B), or
1517	256.20 - 256.23	[SEC. 13101.(g)(2)] (10)(B)(ii)	with a maximum net output of less than 1 megawatt (as measured in alternating current), the applicable percentage shall be 100 percent.
1518	256.24 - 257.3	[SEC. 13101.(g)(2)] (10)(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
1519	257.4 - 257.6	[SEC. 13101.(g)(2)] (10)(C)(i)	if construction of such facility began before January 1, 2024, 100 percent, and
1520	257.7 - 257.8	[SEC. 13101.(g)(2)] (10)(C)(ii)	if construction of such facility began in calendar year 2024, 90 percent.
1521	257.9 - 257.9	[SEC. 13101.(g)(2)] (10)(D)	EXCEPTION.
1522	257.10 - 257.13	[SEC. 13101.(g)(2)] (10)(D)(i)	IN GENERAL. For purposes of this paragraph, the Secretary shall provide exceptions to the requirements under this paragraph if
1523	257.14 - 257.19	[SEC. 13101.(g)(2)] (10)(D)(i)(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
1524	257.20 - 257.24	[SEC. 13101.(g)(2)] (10)(D)(i)(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.
1525	258.1 - 258.4	[SEC. 13101.(g)(2)] (10)(D)(ii)	APPLICABLE PERCENTAGE. In any case in which the Secretary provides an exception pursuant to clause (i), the applicable percentage shall be 100 percent.
1526	258.5 - 258.6	[SEC. 13101.(g)(2)] (11)	SPECIAL RULE FOR QUALIFIED FACILITY LOCATED IN ENERGY COMMUNITY.
1527	258.7 - 258.14	[SEC. 13101.(g)(2)] (11)(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.
1529	258.15 - 258.17	[SEC. 13101.(g)(2)] (11)(B)	ENERGY COMMUNITY. For purposes of this paragraph, the term ‘energy community’ means
1530	258.18 - 258.22	[SEC. 13101.(g)(2)] (11)(B)(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))),
1531	258.23 - 258.24	[SEC. 13101.(g)(2)] (11)(B)(ii)	a metropolitan statistical area or non-metropolitan statistical area which
1532	259.1 - 259.8	[SEC. 13101.(g)(2)] (11)(B)(ii)(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
1533	259.9 - 259.12	[SEC. 13101.(g)(2)] (11)(B)(ii)(II)	has an unemployment rate at or above the national average unemployment rate for the previous year (as determined by the Secretary), or
1534	259.13 - 259.13	[SEC. 13101.(g)(2)] (11)(B)(iii)	a census tract
1535	259.14 - 259.14	[SEC. 13101.(g)(2)] (11)(B)(iii)(I)	in which
1536	259.15 - 259.16	[SEC. 13101.(g)(2)] (11)(B)(iii)(I)(aa)	after December 31, 1999, a coal mine has closed, or
1537	259.17 - 259.19	[SEC. 13101.(g)(2)] (11)(B)(iii)(I)(bb)	after December 31, 2009, a coal-fired electric generating unit has been retired, or
1538	259.20 - 259.22	[SEC. 13101.(g)(2)] (11)(B)(iii)(II)	which is directly adjoining to any census tract described in subclause (I).’’.
1539	259.23 - 259.24	SEC. 13101.(h)	CREDIT REDUCED FOR TAX-EXEMPT BONDS. Section 45(b)(3) is amended to read as follows:
1541	260.1 - 260.8	[SEC. 13101.(h)] (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
1542	260.9 - 260.14	[SEC. 13101.(h)] (3)(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
1543	260.15 - 260.21	[SEC. 13101.(h)] (3)(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.’’.
1544	260.22 - 260.22	SEC. 13101.(i)	ROUNDING ADJUSTMENT.
1545	260.23 - 261.6	SEC. 13101.(i)(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.’’.
1546	261.7 - 261.9	SEC. 13101.(i)(2)	CONFORMING AMENDMENT. Section 45(b)(4)(A) is amended by striking ‘‘last sentence’’ and inserting ‘‘last two sentences’’.
1547	261.10 - 261.10	SEC. 13101.(j)	HYDROPOWER.
1548	261.11 - 261.16	SEC. 13101.(j)(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)’’.
1551	261.17 - 261.18	SEC. 13101.(j)(2)	MARINE AND HYDROKINETIC RENEWABLE ENERGY. Section 45 is amended
1552	261.19 - 261.19	SEC. 13101.(j)(2)(A)	in subsection (c)(10)(A)
1553	261.20 - 261.20	SEC. 13101.(j)(2)(A)(i)	in clause (iii), by striking ‘‘or’’,
1554	261.21 - 261.22	SEC. 13101.(j)(2)(A)(ii)	in clause (iv), by striking the period at the end and inserting ‘‘, or’’ and
1555	261.23 - 261.24	SEC. 13101.(j)(2)(A)(iii)	by adding at the end the following:
1556	262.1 - 262.3	[SEC. 13101.(j)(2)(A)(iii)] (v)	pressurized water used in a pipeline (or similar man-made water conveyance) which is operated
1557	262.4 - 262.6	[SEC. 13101.(j)(2)(A)(iii)] (v)(I)	for the distribution of water for agricultural, municipal, or industrial consumption, and
1558	262.7 - 262.8	[SEC. 13101.(j)(2)(A)(iii)] (v)(II)	not primarily for the generation of electricity.’’, and
1559	262.9 - 262.10	SEC. 13101.(j)(2)(B)	in subsection (d)(11)(A), by striking ‘‘150’’ and inserting ‘‘25’’.
1560	262.11 - 262.11	SEC. 13101.(k)	EFFECTIVE DATES.
1561	262.12 - 262.15	SEC. 13101.(k)(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.
1562	262.16 - 262.19	SEC. 13101.(k)(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.
1563	262.20 - 262.23	SEC. 13101.(k)(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.
1564	263.1 - 263.2	TITLE I Subtitle D PART 1 SEC. 13102.	EXTENSION AND MODIFICATION OF ENERGY CREDIT.
1565	263.3 - 263.6	SEC. 13102.(a)	EXTENSION OF CREDIT. The following provisions of section 48 are each amended by striking ‘‘January 1, 2024’’ each place it appears and inserting ‘‘January 1, 2025’’:
1566	263.7 - 263.7	SEC. 13102.(a)(1)	Subsection (a)(2)(A)(i)(II).
1567	263.8 - 263.8	SEC. 13102.(a)(2)	Subsection (a)(3)(A)(ii).
1568	263.9 - 263.9	SEC. 13102.(a)(3)	Subsection (c)(1)(D).
1569	263.10 - 263.10	SEC. 13102.(a)(4)	Subsection (c)(2)(D).
1570	263.11 - 263.11	SEC. 13102.(a)(5)	Subsection (c)(3)(A)(iv).
1571	263.12 - 263.12	SEC. 13102.(a)(6)	Subsection (c)(4)(C).
1572	263.13 - 263.13	SEC. 13102.(a)(7)	Subsection (c)(5)(D).
1573	263.14 - 263.16	SEC. 13102.(b)	FURTHER EXTENSION FOR CERTAIN ENERGY PROPERTY. Section 48(a)(3)(A)(vii) is amended by striking ‘‘January 1, 2024’’ and inserting ‘‘January 1, 2035’’.
1574	263.17 - 263.19	SEC. 13102.(c)	PHASEOUT OF CREDIT. Section 48(a) is amended by striking paragraphs (6) and (7) and inserting the following new paragraph:
1575	263.20 - 264.2	[SEC. 13102.(c)] (6)	PHASEOUT FOR CERTAIN ENERGY PROPERTY. In the case of any qualified fuel cell property, qualified small wind property, or energy property described in clause (i) or clause (ii) of paragraph (3)(A) the construction of which begins after December 31, 2019, and which is placed in service before January 1, 2022, the energy percentage determined under paragraph (2) shall be equal to 26 percent.’’.
1576	264.3 - 264.4	SEC. 13102.(d)	BASE ENERGY PERCENTAGE AMOUNT; PHASEOUT OF CERTAIN ENERGY PROPERTY.
1577	264.5 - 264.6	SEC. 13102.(d)(1)	BASE ENERGY PERCENTAGE AMOUNT. Section 48(a) is amended
1578	264.7 - 264.7	SEC. 13102.(d)(1)(A)	in paragraph (2)(A)
1579	264.8 - 264.9	SEC. 13102.(d)(1)(A)(i)	in clause (i), by striking ‘‘30 percent’’ and inserting ‘‘6 percent’’, and
1580	264.10 - 264.11	SEC. 13102.(d)(1)(A)(ii)	in clause (ii), by striking ‘‘10 percent’’ and inserting ‘‘2 percent’’, and
1581	264.12 - 264.13	SEC. 13102.(d)(1)(B)	in paragraph (5)(A)(ii), by striking ‘‘30 percent’’ and inserting ‘‘6 percent’’.
1582	264.14 - 264.17	SEC. 13102.(d)(2)	PHASEOUT OF CERTAIN ENERGY PROPERTY. Section 48(a), as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraph:
1583	264.18 - 264.22	[SEC. 13102.(d)(2)] (7)	PHASEOUT FOR CERTAIN ENERGY PROPERTY. In the case of any energy property described in clause (vii) of paragraph (3)(A), the energy percentage determined under paragraph (2) shall be equal to
1584	264.23 - 265.2	[SEC. 13102.(d)(2)] (7)(A)	in the case of any property the construction of which begins before January 1, 2033, and which is placed in service after December 31, 2021, 6 percent,
1585	265.3 - 265.6	[SEC. 13102.(d)(2)] (7)(B)	in the case of any property the construction of which begins after December 31, 2032, and before January 1, 2034, 5.2 percent, and
1586	265.7 - 265.9	[SEC. 13102.(d)(2)] (7)(C)	in the case of any property the construction of which begins after December 31, 2033, and before January 1, 2035, 4.4 percent.’’.
1587	265.10 - 265.13	SEC. 13102.(e)	6 PERCENT CREDIT FOR GEOTHERMAL. Section 48(a)(2)(A)(i)(II) is amended by striking ‘‘paragraph (3)(A)(i)’’ and inserting ‘‘clause (i) or (iii) of paragraph (3)(A)’’.
1590	265.14 - 265.16	SEC. 13102.(f)	ENERGY STORAGE TECHNOLOGIES; QUALIFIED BIOGAS PROPERTY; MICROGRID CONTROLLERS; EXTENSION OF OTHER PROPERTY.
1591	265.17 - 265.19	SEC. 13102.(f)(1)	IN GENERAL. Section 48(a)(3)(A) is amended by striking ‘‘or’’ at the end of clause (vii), and by adding at the end the following new clauses:
1592	265.20 - 265.20	[SEC. 13102.(f)(1)] (ix)	energy storage technology,
1593	265.21 - 265.21	[SEC. 13102.(f)(1)] (x)	qualified biogas property, or
1594	265.22 - 265.22	[SEC. 13102.(f)(1)] (xi)	microgrid controllers,’’.
1595	265.23 - 266.2	SEC. 13102.(f)(2)	APPLICATION OF 6 PERCENT CREDIT. Section 48(a)(2)(A)(i) is amended by striking ‘‘and’’ at the end of subclauses (IV) and (V) and adding at the end the following new subclauses:
1596	266.3 - 266.3	[SEC. 13102.(f)(2)] (VI)	energy storage technology,
1597	266.4 - 266.4	[SEC. 13102.(f)(2)] (VII)	qualified biogas property,
1598	266.5 - 266.5	[SEC. 13102.(f)(2)] (VIII)	microgrid controllers, and
1599	266.6 - 266.8	[SEC. 13102.(f)(2)] (IX)	energy property described in clauses (v) and (vii) of paragraph (3)(A), and’’.
1601	266.9 - 266.10	SEC. 13102.(f)(3)	DEFINITIONS. Section 48(c) is amended by adding at the end the following new paragraphs:
1602	266.11 - 266.11	[SEC. 13102.(f)(3)] (6)	ENERGY STORAGE TECHNOLOGY.
1603	266.12 - 266.13	[SEC. 13102.(f)(3)] (6)(A)	IN GENERAL. The term ‘energy storage technology’ means
1604	266.14 - 266.21	[SEC. 13102.(f)(3)] (6)(A)(i)	property (other than property primarily used in the transportation of goods or individuals and not for the production of electricity) which receives, stores, and delivers energy for conversion to electricity (or, in the case of hydrogen, which stores energy), and has a nameplate capacity of not less than 5 kilowatt hours, and
1605	266.22 - 266.22	[SEC. 13102.(f)(3)] (6)(A)(ii)	thermal energy storage property.
1606	266.23 - 266.25	[SEC. 13102.(f)(3)] (6)(B)	MODIFICATIONS OF CERTAIN PROPERTY. In the case of any property which either
1607	267.1 - 267.8	[SEC. 13102.(f)(3)] (6)(B)(i)	was placed in service before the date of enactment of this section and would be described in subparagraph (A)(i), except that such property has a capacity of less than 5 kilowatt hours and is modified in a manner that such property (after such modification) has a nameplate capacity of not less than 5 kilowatt hours, or
1608	267.9 - 267.21	[SEC. 13102.(f)(3)] (6)(B)(ii)	is described in subparagraph (A)(i) and is modified in a manner that such property (after such modification) has an increase in nameplate capacity of not less than 5 kilowatt hours, such property shall be treated as described in subparagraph (A)(i) except that the basis of any existing property prior to such modification shall not be taken into account for purposes of this section. In the case of any property to which this subparagraph applies, subparagraph (D) shall be applied by substituting ‘modification’ for ‘construction’.
1610	267.22 - 267.23	[SEC. 13102.(f)(3)] (6)(C)	THERMAL ENERGY STORAGE PROPERTY.
1611	267.24 - 268.3	[SEC. 13102.(f)(3)] (6)(C)(i)	IN GENERAL. Subject to clause (ii), for purposes of this paragraph, the term ‘thermal energy storage property’ means property comprising a system which
1613	268.4 - 268.6	[SEC. 13102.(f)(3)] (6)(C)(i)(I)	is directly connected to a heating, ventilation, or air conditioning system,
1614	268.7 - 268.9	[SEC. 13102.(f)(3)] (6)(C)(i)(II)	removes heat from, or adds heat to, a storage medium for subsequent use, and
1615	268.10 - 268.12	[SEC. 13102.(f)(3)] (6)(C)(i)(III)	provides energy for the heating or cooling of the interior of a residential or commercial building.
1616	268.13 - 268.14	[SEC. 13102.(f)(3)] (6)(C)(ii)	EXCLUSION. The term ‘thermal energy storage property’ shall not include
1617	268.15 - 268.15	[SEC. 13102.(f)(3)] (6)(C)(ii)(I)	a swimming pool,
1618	268.16 - 268.17	[SEC. 13102.(f)(3)] (6)(C)(ii)(II)	combined heat and power system property, or
1619	268.18 - 268.19	[SEC. 13102.(f)(3)] (6)(C)(ii)(III)	a building or its structural components.
1620	268.20 - 268.23	[SEC. 13102.(f)(3)] (6)(D)	TERMINATION. The term ‘energy storage technology’ shall not include any property the construction of which begins after December 31, 2024.
1621	268.24 - 268.24	[SEC. 13102.(f)(3)] (7)	QUALIFIED BIOGAS PROPERTY.
1622	269.1 - 269.3	[SEC. 13102.(f)(3)] (7)(A)	IN GENERAL. The term ‘qualified biogas property’ means property comprising a system which
1623	269.4 - 269.7	[SEC. 13102.(f)(3)] (7)(A)(i)	converts biomass (as defined in section 45K(c)(3), as in effect on the date of enactment of this paragraph) into a gas which
1624	269.8 - 269.9	[SEC. 13102.(f)(3)] (7)(A)(i)(I)	consists of not less than 52 percent methane by volume, or
1625	269.10 - 269.12	[SEC. 13102.(f)(3)] (7)(A)(i)(II)	is concentrated by such system into a gas which consists of not less than 52 percent methane, and
1626	269.13 - 269.15	[SEC. 13102.(f)(3)] (7)(A)(ii)	captures such gas for sale or productive use, and not for disposal via combustion.
1627	269.16 - 269.19	[SEC. 13102.(f)(3)] (7)(B)	INCLUSION OF CLEANING AND CONDITIONING PROPERTY. The term ‘qualified biogas property’ includes any property which is part of such system which cleans or conditions such gas.
1628	269.20 - 269.23	[SEC. 13102.(f)(3)] (7)(C)	TERMINATION. The term ‘qualified biogas property’ shall not include any property the construction of which begins after December 31, 2024.
1629	269.24 - 269.24	[SEC. 13102.(f)(3)] (8)	MICROGRID CONTROLLER.
1630	270.1 - 270.2	[SEC. 13102.(f)(3)] (8)(A)	IN GENERAL. The term ‘microgrid controller’ means equipment which is
1631	270.3 - 270.3	[SEC. 13102.(f)(3)] (8)(A)(i)	part of a qualified microgrid, and
1632	270.4 - 270.6	[SEC. 13102.(f)(3)] (8)(A)(ii)	designed and used to monitor and control the energy resources and loads on such microgrid.
1633	270.7 - 270.9	[SEC. 13102.(f)(3)] (8)(B)	QUALIFIED MICROGRID. The term ‘qualified microgrid’ means an electrical system which
1634	270.10 - 270.13	[SEC. 13102.(f)(3)] (8)(B)(i)	includes equipment which is capable of generating not less than 4 kilowatts and not greater than 20 megawatts of electricity,
1635	270.14 - 270.14	[SEC. 13102.(f)(3)] (8)(B)(ii)	is capable of operating
1636	270.15 - 270.17	[SEC. 13102.(f)(3)] (8)(B)(ii)(I)	in connection with the electrical grid and as a single controllable entity with respect to such grid, and
1637	270.18 - 270.19	[SEC. 13102.(f)(3)] (8)(B)(ii)(II)	independently (and disconnected) from such grid, and
1638	270.20 - 270.22	[SEC. 13102.(f)(3)] (8)(B)(iii)	is not part of a bulk-power system (as defined in section 215 of the Federal Power Act (16 U.S.C. 824o)).
1639	270.23 - 271.2	[SEC. 13102.(f)(3)] (8)(C)	TERMINATION. The term ‘microgrid controller’ shall not include any property the construction of which begins after December 31, 2024.’’.
1640	271.3 - 271.5	SEC. 13102.(f)(4)	DENIAL OF DOUBLE BENEFIT FOR QUALIFIED BIOGAS PROPERTY. Section 45(e) is amended by adding at the end the following new paragraph:
1641	271.6 - 271.12	[SEC. 13102.(f)(4)] (12)	COORDINATION WITH ENERGY CREDIT FOR QUALIFIED BIOGAS PROPERTY. The term ‘qualified facility’ shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(7)) if a credit is allowed under section 48 with respect to such property for the taxable year or any prior taxable year.’’.
1642	271.13 - 271.14	SEC. 13102.(f)(5)	PUBLIC UTILITY PROPERTY. Paragraph (2) of section 50(d) is amended
1643	271.15 - 271.19	SEC. 13102.(f)(5)(A)	by adding after the first sentence the following new sentence: ‘‘At the election of a taxpayer, this paragraph shall not apply to any energy storage technology (as defined in section 48(c)(6)), provided ’’, and
1644	271.20 - 271.21	SEC. 13102.(f)(5)(B)	by adding the following new subparagraphs:
1645	271.22 - 272.5	[SEC. 13102.(f)(5)(B)] (A)	no election under this paragraph shall be permitted if the making of such election is prohibited by a State or political subdivision thereof, by any agency or instrumentality of the United States, or by a public service or public utility commission or other similar body of any State or political subdivision that regulates public utilities as described in section 7701(a)(33)(A),
1646	272.6 - 272.13	[SEC. 13102.(f)(5)(B)] (B)	an election under this paragraph shall be made separately with respect to each energy storage technology by the due date (including extensions) of the Federal tax return for the taxable year in which the energy storage technology is placed in service by the taxpayer, and once made, may be revoked only with the consent of the Secretary, and
1647	272.14 - 272.17	[SEC. 13102.(f)(5)(B)] (C)	an election shall not apply with respect to any energy storage technology if such energy storage technology has a maximum capacity equal to or less than 500 kilowatt hours.’’.
1648	272.18 - 272.19	SEC. 13102.(g)	FUEL CELLS USING ELECTROMECHANICAL PROCESSES.
1649	272.20 - 272.21	SEC. 13102.(g)(1)	IN GENERAL. Section 48(c)(1) is amended
1650	272.22 - 272.22	SEC. 13102.(g)(1)(A)	in subparagraph (A)(i)
1651	272.23 - 272.24	SEC. 13102.(g)(1)(A)(i)	by inserting ‘‘or electromechanical’’ after ‘‘electrochemical’’, and
1652	273.1 - 273.4	SEC. 13102.(g)(1)(A)(ii)	by inserting ‘‘(1 kilowatt in the case of a fuel cell power plant with a linear generator assembly)’’ after ‘‘0.5 kilowatt’’, and
1653	273.5 - 273.5	SEC. 13102.(g)(1)(B)	in subparagraph (C)
1654	273.6 - 273.8	SEC. 13102.(g)(1)(B)(i)	by inserting ‘‘, or linear generator assembly,’’ after ‘‘a fuel cell stack assembly’’, and
1655	273.9 - 273.10	SEC. 13102.(g)(1)(B)(ii)	by inserting ‘‘or electromechanical’’ after ‘‘electrochemical’’.
1656	273.11 - 273.15	SEC. 13102.(g)(2)	LINEAR GENERATOR ASSEMBLY LIMITATION. Section 48(c)(1) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph:
1657	273.16 - 273.18	[SEC. 13102.(g)(2)] (D)	LINEAR GENERATOR ASSEMBLY. The term ‘linear generator assembly’ does not include any assembly which contains rotating parts.’’.
1658	273.19 - 273.22	SEC. 13102.(h)	DYNAMIC GLASS. Section 48(a)(3)(A)(ii) is amended by inserting ‘‘, or electrochromic glass which uses electricity to change its light transmittance properties in order to heat or cool a structure,’’ after ‘‘sunlight’’.
1659	273.23 - 273.24	SEC. 13102.(i)	COORDINATION WITH LOW INCOME HOUSING TAX CREDIT. Paragraph (3) of section 50(c) is amended
1660	274.1 - 274.2	SEC. 13102.(i)(1)	by striking ‘‘and’’ at the end of subparagraph (A),
1661	274.3 - 274.4	SEC. 13102.(i)(2)	by striking the period at the end of subparagraph (B) and inserting ‘‘, and’’, and
1662	274.5 - 274.6	SEC. 13102.(i)(3)	by adding at the end the following new subparagraph:
1663	274.7 - 274.9	[SEC. 13102.(i)(3)] (C)	paragraph (1) shall not apply for purposes of determining eligible basis under section 42.’’.
1664	274.10 - 274.12	SEC. 13102.(j)	INTERCONNECTION PROPERTY. Section 48(a), as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraph:
1665	274.13 - 274.13	[SEC. 13102.(j)] (8)	INTERCONNECTION PROPERTY.
1666	274.14 - 274.25	[SEC. 13102.(j)] (8)(A)	IN GENERAL. For purposes of determining the credit under subsection (a), energy property shall include amounts paid or incurred by the taxpayer for qualified interconnection property in connection with the installation of energy property (as defined in paragraph (3)) which has a maximum net output of not greater than 5 megawatts (as measured in alternating current), to provide for the transmission or distribution of the electricity produced or stored by such property, and which are properly chargeable to the capital account of the taxpayer.
1667	275.1 - 275.5	[SEC. 13102.(j)] (8)(B)	QUALIFIED INTERCONNECTION PROPERTY. The term ‘qualified interconnection property’ means, with respect to an energy project which is not a microgrid controller, any tangible property
1668	275.6 - 275.12	[SEC. 13102.(j)] (8)(B)(i)	which is part of an addition, modification, or upgrade to a transmission or distribution system which is required at or beyond the point at which the energy project interconnects to such transmission or distribution system in order to accommodate such interconnection,
1669	275.13 - 275.13	[SEC. 13102.(j)] (8)(B)(ii)	either
1670	275.14 - 275.15	[SEC. 13102.(j)] (8)(B)(ii)(I)	which is constructed, reconstructed, or erected by the taxpayer, or
1671	275.16 - 275.20	[SEC. 13102.(j)] (8)(B)(ii)(II)	for which the cost with respect to the construction, reconstruction, or erection of such property is paid or incurred by such taxpayer, and
1672	275.21 - 275.23	[SEC. 13102.(j)] (8)(B)(iii)	the original use of which, pursuant to an interconnection agreement, commences with a utility.
1673	275.24 - 276.4	[SEC. 13102.(j)] (8)(C)	INTERCONNECTION AGREEMENT. The term ‘interconnection agreement’ means an agreement with a utility for the purposes of interconnecting the energy property owned by such taxpayer to the transmission or distribution system of such utility.
1674	276.5 - 276.14	[SEC. 13102.(j)] (8)(D)	UTILITY. For purposes of this paragraph, the term ‘utility’ means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of a State or political subdivision thereof, any agency or instrumentality of the United States, a public service or public utility commission or other similar body of any State or political subdivision thereof, or the governing or ratemaking body of an electric cooperative.
1675	276.15 - 276.20	[SEC. 13102.(j)] (8)(E)	SPECIAL RULE FOR INTERCONNECTION PROPERTY. In the case of expenses paid or incurred for interconnection property, amounts otherwise chargeable to capital account with respect to such expenses shall be reduced under rules similar to the rules of section 50(c).’’.
1676	276.21 - 276.24	SEC. 13102.(k)	ENERGY PROJECTS, WAGE REQUIREMENTS, AND APPRENTICESHIP REQUIREMENTS. Section 48(a), as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraphs:
1677	277.1 - 277.2	[SEC. 13102.(k)] (9)	INCREASED CREDIT AMOUNT FOR ENERGY PROJECTS.
1678	277.3 - 277.3	[SEC. 13102.(k)] (9)(A)	IN GENERAL.
1679	277.4 - 277.11	[SEC. 13102.(k)] (9)(A)(i)	RULE. In the case of any energy project which satisfies the requirements of subparagraph (B), the amount of the credit determined under this subsection (determined after the application of paragraphs (1)  through (8) and without regard to this clause) shall be equal to such amount multiplied by 5.
1681	277.12 - 277.16	[SEC. 13102.(k)] (9)(A)(ii)	ENERGY PROJECT DEFINED. For purposes of this subsection, the term ‘energy project’ means a project consisting of one or more energy properties that are part of a single project.
1682	277.17 - 277.19	[SEC. 13102.(k)] (9)(B)	PROJECT REQUIREMENTS. A project meets the requirements of this subparagraph if it is one of the following:
1683	277.20 - 277.23	[SEC. 13102.(k)] (9)(B)(i)	A project with a maximum net output of less than 1 megawatt of electrical (as measured in alternating current) or thermal energy.
1684	277.24 - 278.3	[SEC. 13102.(k)] (9)(B)(ii)	A project the construction of which begins before the date that is 60 days after the Secretary publishes guidance with respect to the requirements of paragraphs (10)(A) and (11).
1686	278.4 - 278.5	[SEC. 13102.(k)] (9)(B)(iii)	A project which satisfies the requirements of paragraphs (10)(A) and (11).
1687	278.6 - 278.6	[SEC. 13102.(k)] (10)	PREVAILING WAGE REQUIREMENTS.
1688	278.7 - 278.12	[SEC. 13102.(k)] (10)(A)	IN GENERAL. The requirements described in this subparagraph with respect to any energy project are that the taxpayer shall ensure that any laborers and mechanics employed by the taxpayer or any contractor or subcontractor in
1689	278.13 - 278.14	[SEC. 13102.(k)] (10)(A)(i)	the construction of such energy project, and
1690	278.15 - 279.6	[SEC. 13102.(k)] (10)(A)(ii)	for the 5-year period beginning on the date such project is originally placed in service, the alteration or repair 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. Subject to subparagraph (C), for purposes of any determination under paragraph (9)(A)(i) for the taxable year in which the energy project is placed in service, the taxpayer shall be deemed to satisfy the requirement under clause (ii) at the time such project is placed in service.
1692	279.7 - 279.10	[SEC. 13102.(k)] (10)(B)	CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS. Rules similar to the rules of section 45(b)(7)(B) shall apply.
1693	279.11 - 279.23	[SEC. 13102.(k)] (10)(C)	RECAPTURE. The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under this subsection by reason of this paragraph with respect to any project which does not satisfy the requirements under subparagraph (A) (after application of subparagraph (B)) for the period described in clause (ii) of subparagraph (A) (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).
1695	279.24 - 279.25	[SEC. 13102.(k)] (11)	APPRENTICESHIP REQUIREMENTS. Rules similar to the rules of section 45(b)(8) shall apply.’’.
1696	280.1 - 280.4	SEC. 13102.(l)	DOMESTIC CONTENT; PHASEOUT FOR ELECTIVE PAYMENT. Section 48(a), as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraphs:
1697	280.5 - 280.6	[SEC. 13102.(l)] (12)	DOMESTIC CONTENT BONUS CREDIT AMOUNT.
1698	280.7 - 280.12	[SEC. 13102.(l)] (12)(A)	IN GENERAL. In the case of any energy project which satisfies the requirement under subparagraph (B), for purposes of applying paragraph (2) with respect to such property, the energy percentage shall be increased by the applicable credit rate increase.
1699	280.13 - 280.14	[SEC. 13102.(l)] (12)(B)	REQUIREMENT. Rules similar to the rules of section 45(b)(9)(B) shall apply.
1700	280.15 - 280.17	[SEC. 13102.(l)] (12)(C)	APPLICABLE CREDIT RATE INCREASE. For purposes of subparagraph (A), the applicable credit rate increase shall be
1701	280.18 - 280.20	[SEC. 13102.(l)] (12)(C)(i)	in the case of an energy project which does not satisfy the requirements of paragraph (9)(B), 2 percentage points, and
1702	280.21 - 280.23	[SEC. 13102.(l)] (12)(C)(ii)	in the case of an energy project which satisfies the requirements of paragraph (9)(B), 10 percentage points.
1703	280.24 - 281.3	[SEC. 13102.(l)] (13)	PHASEOUT 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 45(b)(10) shall apply.’’.
1704	281.4 - 281.6	SEC. 13102.(m)	SPECIAL RULE FOR PROPERTY FINANCED BY TAX-EXEMPT BONDS. Section 48(a)(4) is amended to read as follows:
1705	281.7 - 281.10	[SEC. 13102.(m)] (4)	SPECIAL RULE FOR PROPERTY FINANCED BY TAX-EXEMPT BONDS. Rules similar to the rule under section 45(b)(3) shall apply for purposes of this section.’’.
1706	281.11 - 281.12	SEC. 13102.(n)	TREATMENT OF CERTAIN CONTRACTS INVOLVING ENERGY STORAGE. Section 7701(e) is amended
1707	281.13 - 281.13	SEC. 13102.(n)(1)	in paragraph (3)
1708	281.14 - 281.18	SEC. 13102.(n)(1)(A)	in subparagraph (A)(i), by striking ‘‘or’’ at the end of subclause (II), by striking ‘‘and’’ at the end of subclause (III) and inserting ‘‘or’’, and by adding at the end the following new subclause:
1709	281.19 - 281.20	[SEC. 13102.(n)(1)(A)] (IV)	the operation of a storage facility, and’’, and
1710	281.21 - 281.22	SEC. 13102.(n)(1)(B)	by adding at the end the following new subparagraph:
1711	281.23 - 282.2	[SEC. 13102.(n)(1)(B)] (F)	STORAGE FACILITY. For purposes of subparagraph (A), the term ‘storage facility’ means a facility which uses energy storage technology within the meaning of section 48(c)(6).’’, and
1712	282.3 - 282.5	SEC. 13102.(n)(2)	in paragraph (4), by striking ‘‘or water treatment works facility’’ and inserting ‘‘water treatment works facility, or storage facility’’.
1713	282.6 - 282.9	SEC. 13102.(o)	INCREASE IN CREDIT RATE FOR ENERGY COMMUNITIES. Section 48(a), as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraph:
1714	282.10 - 282.11	[SEC. 13102.(o)] (14)	INCREASE IN CREDIT RATE FOR ENERGY COMMUNITIES.
1715	282.12 - 282.20	[SEC. 13102.(o)] (14)(A)	IN GENERAL. In the case of any energy project that is placed in service within an energy community (as defined in section 45(b)(11)(B), as applied by substituting ‘energy project’ for ‘qualified facility’ each place it appears), for purposes of applying paragraph (2) with respect to energy property which is part of such project, the energy percentage shall be increased by the applicable credit rate increase.
1716	282.21 - 282.24	[SEC. 13102.(o)] (14)(B)	APPLICABLE CREDIT RATE INCREASE. For purposes of subparagraph (A), the applicable credit rate increase shall be equal to
1717	283.1 - 283.3	[SEC. 13102.(o)] (14)(B)(i)	in the case of any energy project which does not satisfy the requirements of paragraph (9)(B), 2 percentage points, and
1718	283.4 - 283.6	[SEC. 13102.(o)] (14)(B)(ii)	in the case of any energy project which satisfies the requirements of paragraph (9)(B), 10 percentage points.’’.
1719	283.7 - 283.9	SEC. 13102.(p)	REGULATIONS. Section 48(a), as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraph:
1720	283.10 - 283.16	[SEC. 13102.(p)] (15)	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.’’.
1721	283.17 - 283.17	SEC. 13102.(q)	EFFECTIVE DATES.
1722	283.18 - 283.21	SEC. 13102.(q)(1)	IN GENERAL. Except as provided in paragraphs (2) and (3), the amendments made by this section shall apply to property placed in service after December 31, 2021.
1723	283.22 - 283.25	SEC. 13102.(q)(2)	OTHER PROPERTY. The amendments made by subsections (f), (g), (h), (i), (j), (l), (n), and (o) shall apply to property placed in service after December 31, 2022.
1724	284.1 - 284.5	SEC. 13102.(q)(3)	SPECIAL RULE FOR PROPERTY FINANCED BY TAX-EXEMPT BONDS. The amendments made by subsection (m) shall apply to property the construction of which begins after the date of enactment of this Act.
1725	284.6 - 284.9	TITLE I Subtitle D PART 1 SEC. 13103.	INCREASE IN ENERGY CREDIT FOR SOLAR AND WIND FACILITIES PLACED IN SERVICE IN CONNECTION WITH LOW-INCOME COMMUNITIES.
1726	284.10 - 284.11	SEC. 13103.(a)	IN GENERAL. Section 48 is amended by adding at the end the following new subsection:
1727	284.12 - 284.14	[SEC. 13103.(a)] (e)	SPECIAL RULES FOR CERTAIN SOLAR AND WIND FACILITIES PLACED IN SERVICE IN CONNECTION WITH LOW-INCOME COMMUNITIES.
1728	284.15 - 284.19	[SEC. 13103.(a)] (e)(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) 
1730	284.20 - 284.23	[SEC. 13103.(a)] (e)(1)(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
1732	284.24 - 285.2	[SEC. 13103.(a)] (e)(1)(A)(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
1733	285.3 - 285.5	[SEC. 13103.(a)] (e)(1)(A)(ii)	in the case of a facility described in subclause (II) of paragraph (2)(A)(iii), 20 percentage points, and
1734	285.6 - 285.12	[SEC. 13103.(a)] (e)(1)(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
1735	285.13 - 285.15	[SEC. 13103.(a)] (e)(1)(B)(i)	the environmental justice solar and wind capacity limitation allocated to such facility, bears to
1736	285.16 - 285.18	[SEC. 13103.(a)] (e)(1)(B)(ii)	the total megawatt nameplate capacity of such facility, as measured in direct current.
1737	285.19 - 285.20	[SEC. 13103.(a)] (e)(2)	QUALIFIED SOLAR AND WIND FACILITY. For purposes of this subsection
1738	285.21 - 285.22	[SEC. 13103.(a)] (e)(2)(A)	IN GENERAL. The term ‘qualified solar and wind facility’ means any facility
1739	285.23 - 286.2	[SEC. 13103.(a)] (e)(2)(A)(i)	which generates electricity solely from property described in section 45(d)(1) or in clause (i) or (vi) of subsection (a)(3)(A),
1741	286.3 - 286.5	[SEC. 13103.(a)] (e)(2)(A)(ii)	which has a maximum net output of less than 5 megawatts (as measured in alternating current), and
1742	286.6 - 286.6	[SEC. 13103.(a)] (e)(2)(A)(iii)	which
1743	286.7 - 286.11	[SEC. 13103.(a)] (e)(2)(A)(iii)(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
1744	286.12 - 286.15	[SEC. 13103.(a)] (e)(2)(A)(iii)(II)	is part of a qualified low-income residential building project or a qualified low-income economic benefit project.
1745	286.16 - 286.19	[SEC. 13103.(a)] (e)(2)(B)	QUALIFIED LOW-INCOME RESIDENTIAL BUILDING PROJECT. A facility shall be treated as part of a qualified low-income residential building project if
1746	286.20 - 287.9	[SEC. 13103.(a)] (e)(2)(B)(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
1747	287.10 - 287.13	[SEC. 13103.(a)] (e)(2)(B)(ii)	the financial benefits of the electricity produced by such facility are allocated equitably among the occupants of the dwelling units of such building.
1748	287.14 - 287.19	[SEC. 13103.(a)] (e)(2)(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
1749	287.20 - 287.23	[SEC. 13103.(a)] (e)(2)(C)(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
1750	288.1 - 288.3	[SEC. 13103.(a)] (e)(2)(C)(ii)	less than 80 percent of area median gross income (as determined under section 142(d)(2)(B)).
1751	288.4 - 288.7	[SEC. 13103.(a)] (e)(2)(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.
1752	288.8 - 288.10	[SEC. 13103.(a)] (e)(3)	ELIGIBLE PROPERTY. For purposes of this section, the term ‘eligible property’ means energy property which
1753	288.11 - 288.13	[SEC. 13103.(a)] (e)(3)(A)	is part of a facility described in section 45(d)(1) for which an election was made under subsection (a)(5), or
1754	288.14 - 288.18	[SEC. 13103.(a)] (e)(3)(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.
1755	288.19 - 288.19	[SEC. 13103.(a)] (e)(4)	ALLOCATIONS.
1756	288.20 - 289.7	[SEC. 13103.(a)] (e)(4)(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.
1757	289.8 - 289.13	[SEC. 13103.(a)] (e)(4)(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.
1758	289.14 - 289.18	[SEC. 13103.(a)] (e)(4)(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.
1759	289.19 - 290.2	[SEC. 13103.(a)] (e)(4)(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).
1760	290.3 - 290.3	[SEC. 13103.(a)] (e)(4)(E)	PLACED IN SERVICE DEADLINE.
1761	290.4 - 290.9	[SEC. 13103.(a)] (e)(4)(E)(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.
1762	290.10 - 290.18	[SEC. 13103.(a)] (e)(4)(E)(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.
1763	290.19 - 291.11	[SEC. 13103.(a)] (e)(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.’’.
1764	291.12 - 291.13	SEC. 13103.(b)	EFFECTIVE DATE. The amendments made by this section shall take effect on January 1, 2023.
1765	291.14 - 291.15	TITLE I Subtitle D PART 1 SEC. 13104.	EXTENSION AND MODIFICATION OF CREDIT FOR CARBON OXIDE SEQUESTRATION.
1766	291.16 - 291.17	SEC. 13104.(a)	MODIFICATION OF CARBON OXIDE CAPTURE REQUIREMENTS.
1767	291.18 - 291.19	SEC. 13104.(a)(1)	IN GENERAL. Section 45Q(d) is amended to read as follows:
1768	291.20 - 291.22	[SEC. 13104.(a)(1)] (d)	QUALIFIED FACILITY. For purposes of this section, the term ‘qualified facility’ means any industrial facility or direct air capture facility
1769	291.23 - 291.24	[SEC. 13104.(a)(1)] (d)(1)	the construction of which begins before January 1, 2033, and either
1770	292.1 - 292.2	[SEC. 13104.(a)(1)] (d)(1)(A)	construction of carbon capture equipment begins before such date, or
1771	292.3 - 292.5	[SEC. 13104.(a)(1)] (d)(1)(B)	the original planning and design for such facility includes installation of carbon capture equipment, and
1772	292.6 - 292.6	[SEC. 13104.(a)(1)] (d)(2)	which
1773	292.7 - 292.9	[SEC. 13104.(a)(1)] (d)(2)(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,
1774	292.10 - 292.11	[SEC. 13104.(a)(1)] (d)(2)(B)	in the case of an electricity generating facility
1775	292.12 - 292.14	[SEC. 13104.(a)(1)] (d)(2)(B)(i)	captures not less than 18,750 metric tons of qualified carbon oxide during the taxable year, and
1776	292.15 - 292.20	[SEC. 13104.(a)(1)] (d)(2)(B)(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
1777	292.21 - 292.23	[SEC. 13104.(a)(1)] (d)(2)(C)	in the case of any other facility, captures not less than 12,500 metric tons of qualified carbon oxide during the taxable year.’’.
1778	292.24 - 292.24	SEC. 13104.(a)(2)	DEFINITIONS.
1779	293.1 - 293.2	SEC. 13104.(a)(2)(A)	IN GENERAL. Section 45Q(e) is amended
1780	293.3 - 293.5	SEC. 13104.(a)(2)(A)(i)	by redesignating paragraphs (1) through (3) as paragraphs (3) through (5), respectively, and
1781	293.6 - 293.8	SEC. 13104.(a)(2)(A)(ii)	by inserting after ‘‘For purposes of this section ’’ the following new paragraphs:
1782	293.9 - 293.13	[SEC. 13104.(a)(2)(A)(ii)] (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.
1783	293.14 - 293.14	[SEC. 13104.(a)(2)(A)(ii)] (2)	BASELINE CARBON OXIDE PRODUCTION.
1784	293.15 - 293.17	[SEC. 13104.(a)(2)(A)(ii)] (2)(A)	IN GENERAL. The term ‘baseline carbon oxide production’ means either of the following:
1785	293.18 - 293.24	[SEC. 13104.(a)(2)(A)(ii)] (2)(A)(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
1786	294.1 - 294.12	[SEC. 13104.(a)(2)(A)(ii)] (2)(A)(i)(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
1787	294.13 - 294.22	[SEC. 13104.(a)(2)(A)(ii)] (2)(A)(i)(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.
1788	294.23 - 294.24	[SEC. 13104.(a)(2)(A)(ii)] (2)(A)(ii)	In the case of an applicable electric generating unit which
1789	295.1 - 295.4	[SEC. 13104.(a)(2)(A)(ii)] (2)(A)(ii)(I)	as of the date on which construction of the carbon capture equipment begins, is not yet placed in service, or
1790	295.5 - 295.11	[SEC. 13104.(a)(2)(A)(ii)] (2)(A)(ii)(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.
1791	295.12 - 295.16	[SEC. 13104.(a)(2)(A)(ii)] (2)(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.’’.
1792	295.17 - 295.19	SEC. 13104.(a)(2)(B)	CONFORMING AMENDMENT. Section 142(o)(1)(B) is amended by striking ‘‘section 45Q(e)(1)’’ and inserting ‘‘section 45Q(e)(3)’’.
1793	295.20 - 295.21	SEC. 13104.(b)	MODIFIED APPLICABLE DOLLAR AMOUNT. Section 45Q(b)(1)(A) is amended
1794	295.22 - 295.22	SEC. 13104.(b)(1)	in clause (i)
1795	295.23 - 295.25	SEC. 13104.(b)(1)(A)	in subclause (I), by striking ‘‘the dollar amount’’ and all that follows through ‘‘such period’’ and inserting ‘‘$17’’, and
1796	296.1 - 296.3	SEC. 13104.(b)(1)(B)	in subclause (II), by striking ‘‘the dollar amount’’ and all that follows through ‘‘such period’’ and inserting ‘‘$12’’, and
1797	296.4 - 296.4	SEC. 13104.(b)(2)	in clause (ii)
1798	296.5 - 296.6	SEC. 13104.(b)(2)(A)	in subclause (I), by striking ‘‘$50’’ and inserting ‘‘$17’’, and
1799	296.7 - 296.8	SEC. 13104.(b)(2)(B)	in subclause (II), by striking ‘‘$35’’ and inserting ‘‘$12’’.
1800	296.9 - 296.10	SEC. 13104.(c)	DETERMINATION OF APPLICABLE DOLLAR AMOUNT.
1801	296.11 - 296.13	SEC. 13104.(c)(1)	IN GENERAL. Section 45Q(b)(1), as amended by the preceding provisions of this Act, is amended
1802	296.14 - 296.15	SEC. 13104.(c)(1)(A)	by redesignating subparagraph (B) as subparagraph (D), and
1803	296.16 - 296.17	SEC. 13104.(c)(1)(B)	by inserting after subparagraph (A) the following new subparagraphs:
1804	296.18 - 297.2	[SEC. 13104.(c)(1)(B)] (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
1805	297.3 - 297.4	[SEC. 13104.(c)(1)(B)] (B)(i)	by substituting ‘$36’ for ‘$17’ each place it appears, and
1806	297.5 - 297.6	[SEC. 13104.(c)(1)(B)] (B)(ii)	by substituting ‘$26’ for ‘$12’ each place it appears.
1807	297.7 - 297.17	[SEC. 13104.(c)(1)(B)] (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
1808	297.18 - 297.19	[SEC. 13104.(c)(1)(B)] (C)(i)	by substituting ‘before January 1, 2023’ for ‘after December 31, 2022’, and
1809	297.20 - 297.23	[SEC. 13104.(c)(1)(B)] (C)(ii)	by substituting ‘the additional carbon capture equipment installed at such qualified facility’ for ‘such qualified facility’.’’.
1810	297.24 - 297.24	SEC. 13104.(c)(2)	CONFORMING AMENDMENTS.
1811	298.1 - 298.4	SEC. 13104.(c)(2)(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’’.
1813	298.5 - 298.8	SEC. 13104.(c)(2)(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)’’.
1814	298.9 - 298.12	SEC. 13104.(d)	WAGE AND APPRENTICESHIP REQUIREMENTS. Section 45Q  is amended by redesignating subsection (h) as subsection (i) and inserting after subsection (g) following new subsection:
1816	298.13 - 298.14	[SEC. 13104.(d)] (h)	INCREASED CREDIT AMOUNT FOR QUALIFIED FACILITIES AND CARBON CAPTURE EQUIPMENT.
1817	298.15 - 298.20	[SEC. 13104.(d)] (h)(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.
1818	298.21 - 298.22	[SEC. 13104.(d)] (h)(2)	REQUIREMENTS. The requirements described in this paragraph are that
1819	298.23 - 299.4	[SEC. 13104.(d)] (h)(2)(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
1820	299.5 - 299.9	[SEC. 13104.(d)] (h)(2)(A)(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
1821	299.10 - 299.13	[SEC. 13104.(d)] (h)(2)(A)(ii)	the taxpayer satisfies the requirements under paragraph (4) with respect to the construction of such facility and equipment,
1822	299.14 - 299.20	[SEC. 13104.(d)] (h)(2)(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
1823	299.21 - 299.25	[SEC. 13104.(d)] (h)(2)(B)(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
1824	300.1 - 300.3	[SEC. 13104.(d)] (h)(2)(B)(ii)	the taxpayer satisfies the requirements under paragraph (4) with respect to the construction of such equipment, or
1825	300.4 - 300.10	[SEC. 13104.(d)] (h)(2)(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.
1826	300.11 - 300.11	[SEC. 13104.(d)] (h)(3)	PREVAILING WAGE REQUIREMENTS.
1827	300.12 - 300.18	[SEC. 13104.(d)] (h)(3)(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
1828	300.19 - 300.20	[SEC. 13104.(d)] (h)(3)(A)(i)	the construction of such facility or equipment, and
1829	300.21 - 301.15	[SEC. 13104.(d)] (h)(3)(A)(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.
1831	301.16 - 301.19	[SEC. 13104.(d)] (h)(3)(B)	CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS. Rules similar to the rules of section 45(b)(7)(B) shall apply.
1832	301.20 - 301.21	[SEC. 13104.(d)] (h)(4)	APPRENTICESHIP REQUIREMENTS. Rules similar to the rules of section 45(b)(8) shall apply.
1833	301.22 - 302.3	[SEC. 13104.(d)] (h)(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.’’.
1834	302.4 - 302.5	SEC. 13104.(e)	CREDIT REDUCED FOR TAX-EXEMPT BONDS. Section 45Q(f) is amended
1835	302.6 - 302.9	SEC. 13104.(e)(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
1836	302.10 - 302.11	SEC. 13104.(e)(2)	by adding at the end the following new paragraph:
1837	302.12 - 302.14	[SEC. 13104.(e)(2)] (8)	CREDIT REDUCED FOR TAX-EXEMPT BONDS. Rules similar to the rule under section 45(b)(3) shall apply for purposes of this section.’’.
1838	302.15 - 302.18	SEC. 13104.(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’’.
1839	302.19 - 302.21	SEC. 13104.(g)	ELECTION. Section 45Q(f), as amended by subsection (e), is amended by adding at the end the following new paragraph:
1840	302.22 - 303.7	[SEC. 13104.(g)] (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
1842	303.8 - 303.10	[SEC. 13104.(g)] (9)(A)	no taxpayer claimed a credit under this section with respect to such carbon capture equipment for any prior taxable year,
1843	303.11 - 303.16	[SEC. 13104.(g)] (9)(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
1844	303.17 - 303.20	[SEC. 13104.(g)] (9)(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.’’.
1845	303.21 - 303.23	SEC. 13104.(h)	REGULATIONS FOR BASELINE CARBON OXIDE PRODUCTION. Subsection (i) of section 45Q, as redesignated by subsection (d), is amended
1846	303.24 - 303.24	SEC. 13104.(h)(1)	in paragraph (1), by striking ‘‘and’’,
1847	304.1 - 304.2	SEC. 13104.(h)(2)	in paragraph (2), by striking the period at the end and inserting ‘‘, and’’, and
1848	304.3 - 304.4	SEC. 13104.(h)(3)	by adding at the end the following new paragraph:
1849	304.5 - 304.12	[SEC. 13104.(h)(3)] (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.’’.
1850	304.13 - 304.13	SEC. 13104.(i)	EFFECTIVE DATES.
1851	304.14 - 304.17	SEC. 13104.(i)(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.
1852	304.18 - 304.22	SEC. 13104.(i)(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.
1853	304.23 - 305.2	SEC. 13104.(i)(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.
1854	305.3 - 305.5	SEC. 13104.(i)(4)	ELECTION. The amendments made by subsection (g) shall apply to carbon oxide captured and disposed of after December 31, 2021.
1855	305.6 - 305.7	TITLE I Subtitle D PART 1 SEC. 13105.	ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.
1856	305.8 - 305.10	SEC. 13105.(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:
1857	305.11 - 305.12	[SEC. 13105.(a)] SEC. 45U.	ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.
1858	305.13 - 305.15	[SEC. 13105.(a)] SEC. 45U.(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
1859	305.16 - 305.16	[SEC. 13105.(a)] SEC. 45U.(a)(1)	the product of
1860	305.17 - 305.17	[SEC. 13105.(a)] SEC. 45U.(a)(1)(A)	0.3 cents, multiplied by
1861	305.18 - 305.18	[SEC. 13105.(a)] SEC. 45U.(a)(1)(B)	the kilowatt hours of electricity
1862	305.19 - 305.20	[SEC. 13105.(a)] SEC. 45U.(a)(1)(B)(i)	produced by the taxpayer at a qualified nuclear power facility, and
1863	305.21 - 305.23	[SEC. 13105.(a)] SEC. 45U.(a)(1)(B)(ii)	sold by the taxpayer to an unrelated person during the taxable year, exceeds
1864	305.24 - 305.24	[SEC. 13105.(a)] SEC. 45U.(a)(2)	the reduction amount for such taxable year.
1865	305.25 - 305.25	[SEC. 13105.(a)] SEC. 45U.(b)	DEFINITIONS.
1866	306.1 - 306.3	[SEC. 13105.(a)] SEC. 45U.(b)(1)	QUALIFIED NUCLEAR POWER FACILITY. For purposes of this section, the term ‘qualified nuclear power facility’ means any nuclear facility
1867	306.4 - 306.5	[SEC. 13105.(a)] SEC. 45U.(b)(1)(A)	which is owned by the taxpayer and which uses nuclear energy to produce electricity,
1868	306.6 - 306.8	[SEC. 13105.(a)] SEC. 45U.(b)(1)(B)	which is not an advanced nuclear power facility as defined in subsection (d)(1) of section 45J, and
1869	306.9 - 306.10	[SEC. 13105.(a)] SEC. 45U.(b)(1)(C)	which is placed in service before the date of the enactment of this section.
1870	306.11 - 306.11	[SEC. 13105.(a)] SEC. 45U.(b)(2)	REDUCTION AMOUNT.
1871	306.12 - 306.16	[SEC. 13105.(a)] SEC. 45U.(b)(2)(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
1872	306.17 - 306.18	[SEC. 13105.(a)] SEC. 45U.(b)(2)(A)(i)	the amount determined under subsection (a)(1), or
1873	306.19 - 306.20	[SEC. 13105.(a)] SEC. 45U.(b)(2)(A)(ii)	the amount equal to 16 percent of the excess of
1874	306.21 - 307.3	[SEC. 13105.(a)] SEC. 45U.(b)(2)(A)(ii)(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
1875	307.4 - 307.5	[SEC. 13105.(a)] SEC. 45U.(b)(2)(A)(ii)(II)	the amount equal to the product of
1876	307.6 - 307.7	[SEC. 13105.(a)] SEC. 45U.(b)(2)(A)(ii)(II)(aa)	2.5 cents, multiplied by
1877	307.8 - 307.9	[SEC. 13105.(a)] SEC. 45U.(b)(2)(A)(ii)(II)(bb)	the amount determined under subsection (a)(1)(B).
1878	307.10 - 307.10	[SEC. 13105.(a)] SEC. 45U.(b)(2)(B)	TREATMENT OF CERTAIN RECEIPTS.
1879	307.11 - 307.21	[SEC. 13105.(a)] SEC. 45U.(b)(2)(B)(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.
1881	307.22 - 308.6	[SEC. 13105.(a)] SEC. 45U.(b)(2)(B)(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 zeroemission, zero-carbon, or air quality attributes of any portion of the electricity produced by such facility.
1882	308.7 - 308.16	[SEC. 13105.(a)] SEC. 45U.(b)(2)(B)(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.
1883	308.17 - 308.20	[SEC. 13105.(a)] SEC. 45U.(b)(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.
1884	308.21 - 308.21	[SEC. 13105.(a)] SEC. 45U.(c)	OTHER RULES.
1885	308.22 - 309.10	[SEC. 13105.(a)] SEC. 45U.(c)(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.
1886	309.11 - 309.13	[SEC. 13105.(a)] SEC. 45U.(c)(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.
1887	309.14 - 309.14	[SEC. 13105.(a)] SEC. 45U.(d)	WAGE REQUIREMENTS.
1888	309.15 - 309.21	[SEC. 13105.(a)] SEC. 45U.(d)(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.
1889	309.22 - 309.22	[SEC. 13105.(a)] SEC. 45U.(d)(2)	PREVAILING WAGE REQUIREMENTS.
1890	309.23 - 310.10	[SEC. 13105.(a)] SEC. 45U.(d)(2)(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.
1891	310.11 - 310.14	[SEC. 13105.(a)] SEC. 45U.(d)(2)(B)	CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS. Rules similar to the rules of section 45(b)(7)(B) shall apply.
1892	310.15 - 310.21	[SEC. 13105.(a)] SEC. 45U.(d)(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.
1893	310.22 - 310.23	[SEC. 13105.(a)] SEC. 45U.(e)	TERMINATION. This section shall not apply to taxable years beginning after December 31, 2032.’’.
1894	310.24 - 310.24	SEC. 13105.(b)	CONFORMING AMENDMENTS.
1895	310.25 - 310.25	SEC. 13105.(b)(1)	Section 38(b) is amended
1896	311.1 - 311.2	SEC. 13105.(b)(1)(A)	in paragraph (32), by striking ‘‘plus’’ at the end,
1897	311.3 - 311.4	SEC. 13105.(b)(1)(B)	in paragraph (33), by striking the period at the end and inserting ‘‘, plus’’, and
1898	311.5 - 311.6	SEC. 13105.(b)(1)(C)	by adding at the end the following new paragraph:
1899	311.7 - 311.8	[SEC. 13105.(b)(1)(C)] (34)	the zero-emission nuclear power production credit determined under section 45U(a).’’.
1900	311.9 - 311.11	SEC. 13105.(b)(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:
1901	311.12 - 311.14	SEC. 13105.(c)	EFFECTIVE DATE. This section shall apply to electricity produced and sold after December 31, 2023, in taxable years beginning after such date.
1902	311.15 - 311.15	TITLE I Subtitle D PART 2	CLEAN FUELS
1903	311.16 - 311.18	TITLE I Subtitle D PART 2 SEC. 13201.	EXTENSION OF INCENTIVES FOR BIODIESEL, RENEWABLE DIESEL AND ALTERNATIVE FUELS.
1904	311.19 - 311.21	SEC. 13201.(a)	BIODIESEL AND RENEWABLE DIESEL CREDIT. Section 40A(g) is amended by striking ‘‘December 31, 2022’’ and inserting ‘‘December 31, 2024’’.
1906	311.22 - 311.22	SEC. 13201.(b)	BIODIESEL MIXTURE CREDIT.
1907	311.23 - 311.25	SEC. 13201.(b)(1)	IN GENERAL. Section 6426(c)(6) is amended by striking ‘‘December 31, 2022’’ and inserting ‘‘December 31, 2024’’.
1908	312.1 - 312.4	SEC. 13201.(b)(2)	FUELS NOT USED FOR TAXABLE PURPOSES. Section 6427(e)(6)(B) is amended by striking ‘‘December 31, 2022’’ and inserting ‘‘December 31, 2024’’.
1909	312.5 - 312.7	SEC. 13201.(c)	ALTERNATIVE FUEL CREDIT. Section 6426(d)(5) is amended by striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2024’’.
1910	312.8 - 312.10	SEC. 13201.(d)	ALTERNATIVE FUEL MIXTURE CREDIT. Section 6426(e)(3) is amended by striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2024’’.
1911	312.11 - 312.13	SEC. 13201.(e)	PAYMENTS FOR ALTERNATIVE FUELS. Section 6427(e)(6)(C) is amended by striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2024’’.
1912	312.14 - 312.16	SEC. 13201.(f)	EFFECTIVE DATE. The amendments made by this section shall apply to fuel sold or used after December 31, 2021.
1913	312.17 - 313.14	SEC. 13201.(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.
1914	313.15 - 313.16	TITLE I Subtitle D PART 2 SEC. 13202.	EXTENSION OF SECOND GENERATION BIOFUEL INCENTIVES.
1915	313.17 - 313.18	SEC. 13202.(a)	IN GENERAL. Section 40(b)(6)(J)(i) is amended by striking ‘‘2022’’ and inserting ‘‘2025’’.
1916	313.19 - 313.21	SEC. 13202.(b)	EFFECTIVE DATE. The amendment made by subsection (a) shall apply to qualified second generation biofuel production after December 31, 2021.
1917	313.22 - 313.22	TITLE I Subtitle D PART 2 SEC. 13203.	SUSTAINABLE AVIATION FUEL CREDIT.
1918	313.23 - 313.25	SEC. 13203.(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:
1919	314.1 - 314.1	[SEC. 13203.(a)] SEC. 40B.	SUSTAINABLE AVIATION FUEL CREDIT.
1920	314.2 - 314.6	[SEC. 13203.(a)] SEC. 40B.(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
1921	314.7 - 314.8	[SEC. 13203.(a)] SEC. 40B.(a)(1)	the number of gallons of sustainable aviation fuel in such mixture, multiplied by
1922	314.9 - 314.9	[SEC. 13203.(a)] SEC. 40B.(a)(2)	the sum of
1923	314.10 - 314.10	[SEC. 13203.(a)] SEC. 40B.(a)(2)(A)	$1.25, plus
1924	314.11 - 314.12	[SEC. 13203.(a)] SEC. 40B.(a)(2)(B)	the applicable supplementary amount with respect to such sustainable aviation fuel.
1925	314.13 - 314.20	[SEC. 13203.(a)] SEC. 40B.(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.
1926	314.21 - 314.23	[SEC. 13203.(a)] SEC. 40B.(c)	QUALIFIED MIXTURE. For purposes of this section, the term ‘qualified mixture’ means a mixture of sustainable aviation fuel and kerosene if
1927	314.24 - 314.25	[SEC. 13203.(a)] SEC. 40B.(c)(1)	such mixture is produced by the taxpayer in the United States,
1928	315.1 - 315.2	[SEC. 13203.(a)] SEC. 40B.(c)(2)	such mixture is used by the taxpayer (or sold by the taxpayer for use) in an aircraft,
1929	315.3 - 315.4	[SEC. 13203.(a)] SEC. 40B.(c)(3)	such sale or use is in the ordinary course of a trade or business of the taxpayer, and
1930	315.5 - 315.6	[SEC. 13203.(a)] SEC. 40B.(c)(4)	the transfer of such mixture to the fuel tank of such aircraft occurs in the United States.
1931	315.7 - 315.7	[SEC. 13203.(a)] SEC. 40B.(d)	SUSTAINABLE AVIATION FUEL.
1932	315.8 - 315.10	[SEC. 13203.(a)] SEC. 40B.(d)(1)	IN GENERAL. For purposes of this section, the term ‘sustainable aviation fuel’ means liquid fuel, the portion of which is not kerosene, which
1933	315.11 - 315.11	[SEC. 13203.(a)] SEC. 40B.(d)(1)(A)	meets the requirements of
1934	315.12 - 315.13	[SEC. 13203.(a)] SEC. 40B.(d)(1)(A)(i)	ASTM International Standard D7566, or
1935	315.14 - 315.16	[SEC. 13203.(a)] SEC. 40B.(d)(1)(A)(ii)	the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1,
1936	315.17 - 315.20	[SEC. 13203.(a)] SEC. 40B.(d)(1)(B)	is not derived from coprocessing an applicable material (or materials derived from an applicable material) with a feedstock which is not biomass,
1937	315.21 - 315.22	[SEC. 13203.(a)] SEC. 40B.(d)(1)(C)	is not derived from palm fatty acid distillates or petroleum, and
1938	315.23 - 316.2	[SEC. 13203.(a)] SEC. 40B.(d)(1)(D)	has been certified in accordance with subsection (e) as having a lifecycle greenhouse gas emissions reduction percentage of at least 50 percent.
1939	316.3 - 316.3	[SEC. 13203.(a)] SEC. 40B.(d)(2)	DEFINITIONS. In this subsection
1940	316.4 - 316.5	[SEC. 13203.(a)] SEC. 40B.(d)(2)(A)	APPLICABLE MATERIAL. The term ‘applicable material’ means
1941	316.6 - 316.7	[SEC. 13203.(a)] SEC. 40B.(d)(2)(A)(i)	monoglycerides, diglycerides, and triglycerides,
1942	316.8 - 316.8	[SEC. 13203.(a)] SEC. 40B.(d)(2)(A)(ii)	free fatty acids, and
1943	316.9 - 316.9	[SEC. 13203.(a)] SEC. 40B.(d)(2)(A)(iii)	fatty acid esters.
1944	316.10 - 316.12	[SEC. 13203.(a)] SEC. 40B.(d)(2)(B)	BIOMASS. The term ‘biomass’ has the same meaning given such term in section 45K(c)(3).
1945	316.13 - 316.19	[SEC. 13203.(a)] SEC. 40B.(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 petroleumbased jet fuel, as defined in accordance with
1946	316.20 - 316.24	[SEC. 13203.(a)] SEC. 40B.(e)(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
1947	317.1 - 317.4	[SEC. 13203.(a)] SEC. 40B.(e)(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.
1948	317.5 - 317.8	[SEC. 13203.(a)] SEC. 40B.(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
1949	317.9 - 317.10	[SEC. 13203.(a)] SEC. 40B.(f)(1)	is registered with the Secretary under section 4101, and
1950	317.11 - 317.11	[SEC. 13203.(a)] SEC. 40B.(f)(2)	provides
1951	317.12 - 317.14	[SEC. 13203.(a)] SEC. 40B.(f)(2)(A)	certification (in such form and manner as the Secretary shall prescribe) from an unrelated party demonstrating compliance with
1952	317.15 - 317.21	[SEC. 13203.(a)] SEC. 40B.(f)(2)(A)(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
1953	317.22 - 317.25	[SEC. 13203.(a)] SEC. 40B.(f)(2)(A)(ii)	in the case of any methodology established under paragraph (2) of such subsection, requirements similar to the requirements described in clause (i), and
1954	318.1 - 318.3	[SEC. 13203.(a)] SEC. 40B.(f)(2)(B)	such other information with respect to such fuel as the Secretary may require for purposes of carrying out this section.
1955	318.4 - 318.10	[SEC. 13203.(a)] SEC. 40B.(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).
1956	318.11 - 318.12	[SEC. 13203.(a)] SEC. 40B.(h)	TERMINATION. This section shall not apply to any sale or use after December 31, 2024.’’.
1957	318.13 - 318.18	SEC. 13203.(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:
1958	318.19 - 318.20	[SEC. 13203.(b)] (35)	the sustainable aviation fuel credit determined under section 40B.’’.
1959	318.21 - 318.21	SEC. 13203.(c)	COORDINATION WITH BIODIESEL INCENTIVES.
1960	318.22 - 318.24	SEC. 13203.(c)(1)	IN GENERAL. Section 40A(d)(1) is amended by inserting ‘‘or 40B’’ after ‘‘determined under section 40’’.
1961	319.1 - 319.2	SEC. 13203.(c)(2)	CONFORMING AMENDMENT. Section 40A(f) is amended by striking paragraph (4).
1962	319.3 - 319.5	SEC. 13203.(d)	SUSTAINABLE AVIATION FUEL ADDED TO CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE FUEL MIXTURES.
1963	319.6 - 319.7	SEC. 13203.(d)(1)	IN GENERAL. Section 6426 is amended by adding at the end the following new subsection:
1964	319.8 - 319.8	[SEC. 13203.(d)(1)] (k)	SUSTAINABLE AVIATION FUEL CREDIT.
1965	319.9 - 319.12	[SEC. 13203.(d)(1)] (k)(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
1966	319.13 - 319.14	[SEC. 13203.(d)(1)] (k)(1)(A)	the number of gallons of sustainable aviation fuel in such mixture, multiplied by
1967	319.15 - 319.15	[SEC. 13203.(d)(1)] (k)(1)(B)	the sum of
1968	319.16 - 319.16	[SEC. 13203.(d)(1)] (k)(1)(B)(i)	$1.25, plus
1969	319.17 - 319.19	[SEC. 13203.(d)(1)] (k)(1)(B)(ii)	the applicable supplementary amount with respect to such sustainable aviation fuel.
1970	319.20 - 319.22	[SEC. 13203.(d)(1)] (k)(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.
1971	319.23 - 319.25	[SEC. 13203.(d)(1)] (k)(3)	REGISTRATION REQUIREMENT. For purposes of this subsection, rules similar to the rules of section 40B(f) shall apply.’’.
1972	320.1 - 320.1	SEC. 13203.(d)(2)	CONFORMING AMENDMENTS.
1973	320.2 - 320.2	SEC. 13203.(d)(2)(A)	Section 6426 is amended
1974	320.3 - 320.4	SEC. 13203.(d)(2)(A)(i)	in subsection (a)(1), by striking ‘‘and (e)’’ and inserting ‘‘(e), and (k)’’, and
1975	320.5 - 320.7	SEC. 13203.(d)(2)(A)(ii)	in subsection (h), by striking ‘‘under section 40 or 40A’’ and inserting ‘‘under section 40, 40A, or 40B’’.
1976	320.8 - 320.8	SEC. 13203.(d)(2)(B)	Section 6427(e) is amended
1977	320.9 - 320.12	SEC. 13203.(d)(2)(B)(i)	in the heading, by striking ‘‘OR ALTERNATIVE FUEL’’ and inserting, ‘‘ALTERNATIVE FUEL, OR SUSTAINABLE AVIATION FUEL’’,
1978	320.13 - 320.16	SEC. 13203.(d)(2)(B)(ii)	in paragraph (1), by inserting ‘‘or the sustainable aviation fuel mixture credit’’ after ‘‘alternative fuel mixture credit’’, and
1979	320.17 - 320.17	SEC. 13203.(d)(2)(B)(iii)	in paragraph (6)
1980	320.18 - 320.19	SEC. 13203.(d)(2)(B)(iii)(I)	in subparagraph (C), by striking ‘‘and’’ at the end,
1981	320.20 - 320.22	SEC. 13203.(d)(2)(B)(iii)(II)	in subparagraph (D), by striking the period at the end and inserting ‘‘, and’’, and
1982	320.23 - 320.24	SEC. 13203.(d)(2)(B)(iii)(III)	by adding at the end the following new subparagraph:
1983	321.1 - 321.3	[SEC. 13203.(d)(2)(B)(iii)(III)] (E)	any qualified mixture of sustainable aviation fuel (as defined in section 6426(k)(3)) sold or used after December 31, 2024.’’.
1984	321.4 - 321.8	SEC. 13203.(d)(2)(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’’.
1985	321.9 - 321.12	SEC. 13203.(d)(2)(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:
1986	321.13 - 321.17	SEC. 13203.(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:
1988	321.18 - 321.20	[SEC. 13203.(e)] (3)	the sustainable aviation fuel credit determined with respect to the taxpayer for the taxable year under section 40B(a).’’.
1989	321.21 - 321.23	SEC. 13203.(f)	EFFECTIVE DATE. The amendments made by this section shall apply to fuel sold or used after December 31, 2022.
1990	322.1 - 322.1	TITLE I Subtitle D PART 2 SEC. 13204.	CLEAN HYDROGEN.
1991	322.2 - 322.3	SEC. 13204.(a)	CREDIT FOR PRODUCTION OF CLEAN HYDROGEN.
1992	322.4 - 322.7	SEC. 13204.(a)(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:
1993	322.8 - 322.9	[SEC. 13204.(a)(1)] SEC. 45V.	CREDIT FOR PRODUCTION OF CLEAN HYDROGEN.
1994	322.10 - 322.12	[SEC. 13204.(a)(1)] SEC. 45V.(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
1995	322.13 - 322.17	[SEC. 13204.(a)(1)] SEC. 45V.(a)(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
1996	322.18 - 322.19	[SEC. 13204.(a)(1)] SEC. 45V.(a)(2)	the applicable amount (as determined under subsection (b)) with respect to such hydrogen.
1997	322.20 - 322.20	[SEC. 13204.(a)(1)] SEC. 45V.(b)	APPLICABLE AMOUNT.
1998	322.21 - 322.26	[SEC. 13204.(a)(1)] SEC. 45V.(b)(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.
2000	323.1 - 323.3	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)	APPLICABLE PERCENTAGE. For purposes of paragraph (1), the applicable percentage shall be determined as follows:
2001	323.4 - 323.7	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)(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
2002	323.8 - 323.9	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)(A)(i)	not greater than 4 kilograms of CO2e per kilogram of hydrogen, and
2003	323.10 - 323.12	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)(A)(ii)	not less than 2.5 kilograms of CO2e per kilogram of hydrogen, the applicable percentage shall be 20 percent.
2004	323.13 - 323.16	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)(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
2005	323.17 - 323.18	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)(B)(i)	less than 2.5 kilograms of CO2e per kilogram of hydrogen, and
2006	323.19 - 323.21	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)(B)(ii)	not less than 1.5 kilograms of CO2e per kilogram of hydrogen, the applicable percentage shall be 25 percent.
2007	323.22 - 323.25	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)(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
2008	324.1 - 324.2	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)(C)(i)	less than 1.5 kilograms of CO2e per kilogram of hydrogen, and
2009	324.3 - 324.5	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)(C)(ii)	not less than 0.45 kilograms of CO2e per kilogram of hydrogen, the applicable percentage shall be 33.4 percent.
2010	324.6 - 324.11	[SEC. 13204.(a)(1)] SEC. 45V.(b)(2)(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.
2011	324.12 - 324.21	[SEC. 13204.(a)(1)] SEC. 45V.(b)(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.
2012	324.22 - 324.22	[SEC. 13204.(a)(1)] SEC. 45V.(c)	DEFINITIONS. For purposes of this section
2013	324.23 - 324.23	[SEC. 13204.(a)(1)] SEC. 45V.(c)(1)	LIFECYCLE GREENHOUSE GAS EMISSIONS.
2014	324.24 - 325.4	[SEC. 13204.(a)(1)] SEC. 45V.(c)(1)(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.
2015	325.5 - 325.13	[SEC. 13204.(a)(1)] SEC. 45V.(c)(1)(B)	GREET MODEL. The term ‘lifecycle greenhouse gas emissions’ shall only include emissions through the point of production (wellto-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).
2016	325.14 - 325.14	[SEC. 13204.(a)(1)] SEC. 45V.(c)(2)	QUALIFIED CLEAN HYDROGEN.
2017	325.15 - 325.19	[SEC. 13204.(a)(1)] SEC. 45V.(c)(2)(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.
2018	325.20 - 325.21	[SEC. 13204.(a)(1)] SEC. 45V.(c)(2)(B)	ADDITIONAL REQUIREMENTS. Such term shall not include any hydrogen unless
2019	325.22 - 325.22	[SEC. 13204.(a)(1)] SEC. 45V.(c)(2)(B)(i)	such hydrogen is produced
2020	325.23 - 326.2	[SEC. 13204.(a)(1)] SEC. 45V.(c)(2)(B)(i)(I)	in the United States (as defined in section 638(1)) or a possession of the United States (as defined in section 638(2)),
2021	326.3 - 326.4	[SEC. 13204.(a)(1)] SEC. 45V.(c)(2)(B)(i)(II)	in the ordinary course of a trade or business of the taxpayer, and
2022	326.5 - 326.5	[SEC. 13204.(a)(1)] SEC. 45V.(c)(2)(B)(i)(III)	for sale or use, and
2023	326.6 - 326.8	[SEC. 13204.(a)(1)] SEC. 45V.(c)(2)(B)(ii)	the production and sale or use of such hydrogen is verified by an unrelated party.
2024	326.9 - 326.16	[SEC. 13204.(a)(1)] SEC. 45V.(c)(2)(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.
2025	326.17 - 326.19	[SEC. 13204.(a)(1)] SEC. 45V.(c)(3)	QUALIFIED CLEAN HYDROGEN PRODUCTION FACILITY. The term ‘qualified clean hydrogen production facility’ means a facility
2026	326.20 - 326.20	[SEC. 13204.(a)(1)] SEC. 45V.(c)(3)(A)	owned by the taxpayer,
2027	326.21 - 326.22	[SEC. 13204.(a)(1)] SEC. 45V.(c)(3)(B)	which produces qualified clean hydrogen, and
2028	326.23 - 326.24	[SEC. 13204.(a)(1)] SEC. 45V.(c)(3)(C)	the construction of which begins before January 1, 2033.
2029	326.25 - 326.25	[SEC. 13204.(a)(1)] SEC. 45V.(d)	SPECIAL RULES.
2030	327.1 - 327.4	[SEC. 13204.(a)(1)] SEC. 45V.(d)(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.
2031	327.5 - 327.11	[SEC. 13204.(a)(1)] SEC. 45V.(d)(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.
2032	327.12 - 327.13	[SEC. 13204.(a)(1)] SEC. 45V.(e)	INCREASED CREDIT AMOUNT FOR QUALIFIED CLEAN HYDROGEN PRODUCTION FACILITIES.
2033	327.14 - 327.20	[SEC. 13204.(a)(1)] SEC. 45V.(e)(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.
2035	327.21 - 327.23	[SEC. 13204.(a)(1)] SEC. 45V.(e)(2)	REQUIREMENTS. A facility meets the requirements of this paragraph if it is one of the following:
2036	327.24 - 327.24	[SEC. 13204.(a)(1)] SEC. 45V.(e)(2)(A)	A facility
2037	328.1 - 328.5	[SEC. 13204.(a)(1)] SEC. 45V.(e)(2)(A)(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
2039	328.6 - 328.9	[SEC. 13204.(a)(1)] SEC. 45V.(e)(2)(A)(ii)	which meets the requirements of paragraph (3)(A) with respect to alteration or repair of such facility which occurs after such date.
2040	328.10 - 328.11	[SEC. 13204.(a)(1)] SEC. 45V.(e)(2)(B)	A facility which satisfies the requirements of paragraphs (3)(A) and (4).
2041	328.12 - 328.12	[SEC. 13204.(a)(1)] SEC. 45V.(e)(3)	PREVAILING WAGE REQUIREMENTS.
2042	328.13 - 328.18	[SEC. 13204.(a)(1)] SEC. 45V.(e)(3)(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
2043	328.19 - 328.20	[SEC. 13204.(a)(1)] SEC. 45V.(e)(3)(A)(i)	the construction of such facility, and
2044	328.21 - 329.12	[SEC. 13204.(a)(1)] SEC. 45V.(e)(3)(A)(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.
2047	329.13 - 329.16	[SEC. 13204.(a)(1)] SEC. 45V.(e)(3)(B)	CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS. Rules similar to the rules of section 45(b)(7)(B) shall apply.
2048	329.17 - 329.18	[SEC. 13204.(a)(1)] SEC. 45V.(e)(4)	APPRENTICESHIP REQUIREMENTS. Rules similar to the rules of section 45(b)(8) shall apply.
2049	329.19 - 329.25	[SEC. 13204.(a)(1)] SEC. 45V.(e)(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.
2050	330.1 - 330.5	[SEC. 13204.(a)(1)] SEC. 45V.(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.’’.
2051	330.6 - 330.9	SEC. 13204.(a)(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:
2052	330.10 - 330.12	[SEC. 13204.(a)(2)] (3)	CREDIT REDUCED FOR TAX-EXEMPT BONDS. Rules similar to the rule under section 45(b)(3) shall apply for purposes of this section.’’.
2053	330.13 - 330.16	SEC. 13204.(a)(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:
2055	330.17 - 330.19	[SEC. 13204.(a)(3)] (4)	MODIFICATION OF EXISTING FACILITIES. For purposes of subsection (a)(1), in the case of any facility which
2056	330.20 - 330.23	[SEC. 13204.(a)(3)] (4)(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
2057	330.24 - 330.25	[SEC. 13204.(a)(3)] (4)(B)	after the date such facility was originally placed in service
2058	331.1 - 331.2	[SEC. 13204.(a)(3)] (4)(B)(i)	is modified to produce qualified clean hydrogen, and
2059	331.3 - 331.10	[SEC. 13204.(a)(3)] (4)(B)(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.’’.
2060	331.11 - 331.11	SEC. 13204.(a)(4)	CONFORMING AMENDMENTS.
2061	331.12 - 331.13	SEC. 13204.(a)(4)(A)	Section 38(b), as amended by the preceding provisions of this Act, is amended
2062	331.14 - 331.15	SEC. 13204.(a)(4)(A)(i)	in paragraph (34), by striking ‘‘plus’’ at the end,
2063	331.16 - 331.18	SEC. 13204.(a)(4)(A)(ii)	in paragraph (35), by striking the period at the end and inserting ‘‘, plus’’, and
2064	331.19 - 331.20	SEC. 13204.(a)(4)(A)(iii)	by adding at the end the following new paragraph:
2065	331.21 - 331.22	[SEC. 13204.(a)(4)(A)(iii)] (36)	the clean hydrogen production credit determined under section 45V(a).’’.
2066	331.23 - 332.2	SEC. 13204.(a)(4)(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:
2067	332.3 - 332.3	SEC. 13204.(a)(5)	EFFECTIVE DATES.
2068	332.4 - 332.7	SEC. 13204.(a)(5)(A)	IN GENERAL. The amendments made by paragraphs (1) and (4) of this subsection shall apply to hydrogen produced after December 31, 2022.
2069	332.8 - 332.12	SEC. 13204.(a)(5)(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.
2071	332.13 - 332.16	SEC. 13204.(a)(5)(C)	MODIFICATION OF EXISTING FACILITIES. The amendment made by paragraph (3) shall apply to modifications made after December 31, 2022.
2072	332.17 - 332.19	SEC. 13204.(b)	CREDIT FOR ELECTRICITY PRODUCED FROM RENEWABLE RESOURCES ALLOWED IF ELECTRICITY IS USED TO PRODUCE CLEAN HYDROGEN.
2073	332.20 - 332.22	SEC. 13204.(b)(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:
2074	332.23 - 333.2	[SEC. 13204.(b)(1)] (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
2075	333.3 - 333.8	[SEC. 13204.(b)(1)] (13)(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
2076	333.9 - 333.11	[SEC. 13204.(b)(1)] (13)(B)	such use and production is verified (in such form or manner as the Secretary may prescribe) by an unrelated third party.’’.
2077	333.12 - 333.16	SEC. 13204.(b)(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)’’.
2078	333.17 - 333.19	SEC. 13204.(b)(3)	EFFECTIVE DATE. The amendments made by this subsection shall apply to electricity produced after December 31, 2022.
2079	333.20 - 333.21	SEC. 13204.(c)	ELECTION TO TREAT CLEAN HYDROGEN PRODUCTION FACILITIES AS ENERGY PROPERTY.
2080	333.22 - 333.23	SEC. 13204.(c)(1)	IN GENERAL. Section 48(a), as amended by the preceding provisions of this Act, is amended
2081	333.24 - 333.25	SEC. 13204.(c)(1)(A)	by redesignating paragraph (15) as paragraph (16), and
2082	334.1 - 334.2	SEC. 13204.(c)(1)(B)	by inserting after paragraph (14) the following new paragraph:
2083	334.3 - 334.4	[SEC. 13204.(c)(1)(B)] (15)	ELECTION TO TREAT CLEAN HYDROGEN PRODUCTION FACILITIES AS ENERGY PROPERTY.
2084	334.5 - 334.8	[SEC. 13204.(c)(1)(B)] (15)(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
2086	334.9 - 334.11	[SEC. 13204.(c)(1)(B)] (15)(A)(i)	such property shall be treated as energy property for purposes of this section, and
2087	334.12 - 334.13	[SEC. 13204.(c)(1)(B)] (15)(A)(ii)	the energy percentage with respect to such property is
2088	334.14 - 334.18	[SEC. 13204.(c)(1)(B)] (15)(A)(ii)(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,
2089	334.19 - 334.24	[SEC. 13204.(c)(1)(B)] (15)(A)(ii)(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,
2090	335.1 - 335.6	[SEC. 13204.(c)(1)(B)] (15)(A)(ii)(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
2091	335.7 - 335.11	[SEC. 13204.(c)(1)(B)] (15)(A)(ii)(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.
2092	335.12 - 335.17	[SEC. 13204.(c)(1)(B)] (15)(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.
2093	335.18 - 335.23	[SEC. 13204.(c)(1)(B)] (15)(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))
2094	335.24 - 335.25	[SEC. 13204.(c)(1)(B)] (15)(C)(i)	which is placed in service after December 31, 2022,
2095	336.1 - 336.1	[SEC. 13204.(c)(1)(B)] (15)(C)(ii)	with respect to which
2096	336.2 - 336.3	[SEC. 13204.(c)(1)(B)] (15)(C)(ii)(I)	no credit has been allowed under section 45V or 45Q, and
2097	336.4 - 336.6	[SEC. 13204.(c)(1)(B)] (15)(C)(ii)(II)	the taxpayer makes an irrevocable election to have this paragraph apply, and
2098	336.7 - 336.15	[SEC. 13204.(c)(1)(B)] (15)(C)(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).
2100	336.16 - 336.19	[SEC. 13204.(c)(1)(B)] (15)(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).
2101	336.20 - 337.5	[SEC. 13204.(c)(1)(B)] (15)(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).’’.
2102	337.6 - 337.9	SEC. 13204.(c)(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)’’.
2104	337.10 - 337.16	SEC. 13204.(c)(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.
2105	337.17 - 337.18	SEC. 13204.(d)	TERMINATION OF EXCISE TAX CREDIT FOR HYDROGEN.
2106	337.19 - 337.22	SEC. 13204.(d)(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.
2107	337.23 - 337.25	SEC. 13204.(d)(2)	CONFORMING AMENDMENT. Section 6426(e)(2) is amended by striking ‘‘(F)’’ and inserting ‘‘(E)’’.
2108	338.1 - 338.3	SEC. 13204.(d)(3)	EFFECTIVE DATE. The amendments made by this subsection shall apply to fuel sold or used after December 31, 2022.
2109	338.4 - 338.5	TITLE I Subtitle D PART 3	CLEAN ENERGY AND EFFICIENCY INCENTIVES FOR INDIVIDUALS
2110	338.6 - 338.8	TITLE I Subtitle D PART 3 SEC. 13301.	EXTENSION, INCREASE, AND MODIFICATIONS OF NONBUSINESS ENERGY PROPERTY CREDIT.
2111	338.9 - 338.11	SEC. 13301.(a)	EXTENSION OF CREDIT. Section 25C(g)(2) is amended by striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2032’’.
2112	338.12 - 338.13	SEC. 13301.(b)	ALLOWANCE OF CREDIT. Section 25C(a) is amended to read as follows:
2113	338.14 - 338.17	[SEC. 13301.(b)] (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
2114	338.18 - 338.20	[SEC. 13301.(b)] (a)(1)	the amount paid or incurred by the taxpayer for qualified energy efficiency improvements installed during such taxable year, and
2115	338.21 - 338.23	[SEC. 13301.(b)] (a)(2)	the amount of the residential energy property expenditures paid or incurred by the taxpayer during such taxable year.’’.
2116	339.1 - 339.3	SEC. 13301.(c)	APPLICATION OF ANNUAL LIMITATION IN LIEU OF LIFETIME LIMITATION. Section 25C(b) is amended to read as follows:
2117	339.4 - 339.4	[SEC. 13301.(c)] (b)	LIMITATIONS.
2118	339.5 - 339.7	[SEC. 13301.(c)] (b)(1)	IN GENERAL. The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed $1,200.
2119	339.8 - 339.12	[SEC. 13301.(c)] (b)(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.
2120	339.13 - 339.17	[SEC. 13301.(c)] (b)(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.
2121	339.18 - 339.20	[SEC. 13301.(c)] (b)(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
2122	339.21 - 339.22	[SEC. 13301.(c)] (b)(4)(A)	$250 in the case of any exterior door, and
2123	339.23 - 339.24	[SEC. 13301.(c)] (b)(4)(B)	$500 in the aggregate with respect to all exterior doors.
2124	340.1 - 340.9	[SEC. 13301.(c)] (b)(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).’’.
2125	340.10 - 340.11	SEC. 13301.(d)	MODIFICATIONS RELATED TO QUALIFIED ENERGY EFFICIENCY IMPROVEMENTS.
2126	340.12 - 340.16	SEC. 13301.(d)(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
2127	340.17 - 340.19	[SEC. 13301.(d)(1)] (A)	in the case of an exterior window or skylight, Energy Star most efficient certification requirements,
2128	340.20 - 340.21	[SEC. 13301.(d)(1)] (B)	in the case of an exterior door, applicable Energy Star requirements, and
2129	340.22 - 341.3	[SEC. 13301.(d)(1)] (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.’’.
2130	341.4 - 341.8	SEC. 13301.(d)(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).
2131	341.9 - 341.13	SEC. 13301.(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’’.
2132	341.14 - 341.16	SEC. 13301.(e)	MODIFICATION OF RESIDENTIAL ENERGY PROPERTY EXPENDITURES. Section 25C(d) is amended to read as follows:
2133	341.17 - 341.18	[SEC. 13301.(e)] (d)	RESIDENTIAL ENERGY PROPERTY EXPENDITURES. For purposes of this section
2134	341.19 - 341.21	[SEC. 13301.(e)] (d)(1)	IN GENERAL. The term ‘residential energy property expenditures’ means expenditures made by the taxpayer for qualified energy property which is
2135	341.22 - 341.24	[SEC. 13301.(e)] (d)(1)(A)	installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, and
2136	342.1 - 342.5	[SEC. 13301.(e)] (d)(1)(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.
2137	342.6 - 342.8	[SEC. 13301.(e)] (d)(2)	QUALIFIED ENERGY PROPERTY. The term ‘qualified energy property’ means any of the following:
2138	342.9 - 342.14	[SEC. 13301.(e)] (d)(2)(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:
2139	342.15 - 342.16	[SEC. 13301.(e)] (d)(2)(A)(i)	An electric or natural gas heat pump water heater.
2140	342.17 - 342.18	[SEC. 13301.(e)] (d)(2)(A)(ii)	An electric or natural gas heat pump.
2141	342.19 - 342.19	[SEC. 13301.(e)] (d)(2)(A)(iii)	A central air conditioner.
2142	342.20 - 342.21	[SEC. 13301.(e)] (d)(2)(A)(iv)	A natural gas, propane, or oil water heater.
2143	342.22 - 342.23	[SEC. 13301.(e)] (d)(2)(A)(v)	A natural gas, propane, or oil furnace or hot water boiler.
2144	342.24 - 342.24	[SEC. 13301.(e)] (d)(2)(B)	A biomass stove or boiler which
2145	343.1 - 343.5	[SEC. 13301.(e)] (d)(2)(B)(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
2146	343.6 - 343.8	[SEC. 13301.(e)] (d)(2)(B)(ii)	has a thermal efficiency rating of at least 75 percent (measured by the higher heating value of the fuel).
2147	343.9 - 343.10	[SEC. 13301.(e)] (d)(2)(C)	Any oil furnace or hot water boiler which
2148	343.11 - 343.13	[SEC. 13301.(e)] (d)(2)(C)(i)	is placed in service after December 31, 2022, and before January 1, 2027, and
2149	343.14 - 343.15	[SEC. 13301.(e)] (d)(2)(C)(i)(I)	meets or exceeds 2021 Energy Star efficiency criteria, and
2150	343.16 - 343.19	[SEC. 13301.(e)] (d)(2)(C)(i)(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
2151	343.20 - 343.21	[SEC. 13301.(e)] (d)(2)(C)(ii)	is placed in service after December 31, 2026, and
2152	343.22 - 343.24	[SEC. 13301.(e)] (d)(2)(C)(ii)(I)	achieves an annual fuel utilization efficiency rate of not less than 90, and
2153	344.1 - 344.4	[SEC. 13301.(e)] (d)(2)(C)(ii)(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.
2154	344.5 - 344.7	[SEC. 13301.(e)] (d)(2)(D)	Any improvement to, or replacement of, a panelboard, sub-panelboard, branch circuits, or feeders which
2155	344.8 - 344.9	[SEC. 13301.(e)] (d)(2)(D)(i)	is installed in a manner consistent with the National Electric Code,
2156	344.10 - 344.11	[SEC. 13301.(e)] (d)(2)(D)(ii)	has a load capacity of not less than 200 amps,
2157	344.12 - 344.13	[SEC. 13301.(e)] (d)(2)(D)(iii)	is installed in conjunction with
2158	344.14 - 344.15	[SEC. 13301.(e)] (d)(2)(D)(iii)(I)	any qualified energy efficiency improvements, or
2159	344.16 - 344.21	[SEC. 13301.(e)] (d)(2)(D)(iii)(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
2160	344.22 - 344.24	[SEC. 13301.(e)] (d)(2)(D)(iv)	enables the installation and use of any property described in subclause (I) or (II) of clause (iii).
2161	345.1 - 345.2	[SEC. 13301.(e)] (d)(3)	ELIGIBLE FUEL. For purposes of paragraph (2), the term ‘eligible fuel’ means
2162	345.3 - 345.4	[SEC. 13301.(e)] (d)(3)(A)	biodiesel and renewable diesel (within the meaning of section 40A), and
2163	345.5 - 345.6	[SEC. 13301.(e)] (d)(3)(B)	second generation biofuel (within the meaning of section 40).’’.
2164	345.7 - 345.7	SEC. 13301.(f)	HOME ENERGY AUDITS.
2165	345.8 - 345.12	SEC. 13301.(f)(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:
2166	345.13 - 345.15	[SEC. 13301.(f)(1)] (3)	the amount paid or incurred by the taxpayer during the taxable year for home energy audits.’’.
2167	345.16 - 345.18	SEC. 13301.(f)(2)	LIMITATION. Section 25C(b), as amended by subsection (c), is amended adding at the end the following new paragraph:
2168	345.19 - 345.19	[SEC. 13301.(f)(2)] (6)	HOME ENERGY AUDITS.
2169	345.20 - 345.22	[SEC. 13301.(f)(2)] (6)(A)	DOLLAR LIMITATION. The amount of the credit allowed under this section by reason of subsection (a)(3) shall not exceed $150.
2170	345.23 - 346.3	[SEC. 13301.(f)(2)] (6)(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.’’.
2171	346.4 - 346.4	SEC. 13301.(f)(3)	HOME ENERGY AUDITS.
2172	346.5 - 346.9	SEC. 13301.(f)(3)(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:
2173	346.10 - 346.15	[SEC. 13301.(f)(3)(A)] (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
2174	346.16 - 346.20	[SEC. 13301.(f)(3)(A)] (e)(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
2175	346.21 - 347.2	[SEC. 13301.(f)(3)(A)] (e)(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).’’.
2176	347.3 - 347.5	SEC. 13301.(f)(3)(B)	CONFORMING AMENDMENT. Section 1016(a)(33) is amended by striking ‘‘section 25C(f)’’ and inserting ‘‘section 25C(g)’’.
2177	347.6 - 347.8	SEC. 13301.(f)(4)	LACK OF SUBSTANTIATION TREATED AS MATHEMATICAL OR CLERICAL ERROR. Section 6213(g)(2) is amended
2178	347.9 - 347.10	SEC. 13301.(f)(4)(A)	in subparagraph (P), by striking ‘‘and’’ at the end,
2179	347.11 - 347.12	SEC. 13301.(f)(4)(B)	in subparagraph (Q), by striking the period at the end and inserting ‘‘, and’’, and
2180	347.13 - 347.14	SEC. 13301.(f)(4)(C)	by inserting after subparagraph (Q) the following:
2181	347.15 - 347.18	[SEC. 13301.(f)(4)(C)] (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.’’.
2182	347.19 - 347.19	SEC. 13301.(g)	IDENTIFICATION NUMBER REQUIREMENT.
2183	347.20 - 347.23	SEC. 13301.(g)(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:
2186	347.24 - 347.25	[SEC. 13301.(g)(1)] (h)	PRODUCT IDENTIFICATION NUMBER REQUIREMENT.
2187	348.1 - 348.4	[SEC. 13301.(g)(1)] (h)(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
2188	348.5 - 348.6	[SEC. 13301.(g)(1)] (h)(1)(A)	such item is produced by a qualified manufacturer, and
2189	348.7 - 348.9	[SEC. 13301.(g)(1)] (h)(1)(B)	the taxpayer includes the qualified product identification number of such item on the return of tax for the taxable year.
2190	348.10 - 348.16	[SEC. 13301.(g)(1)] (h)(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).
2191	348.17 - 348.21	[SEC. 13301.(g)(1)] (h)(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
2192	348.22 - 349.4	[SEC. 13301.(g)(1)] (h)(3)(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),
2193	349.5 - 349.6	[SEC. 13301.(g)(1)] (h)(3)(B)	label such item with such number in such manner as the Secretary may provide, and
2194	349.7 - 349.13	[SEC. 13301.(g)(1)] (h)(3)(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.
2195	349.14 - 349.18	[SEC. 13301.(g)(1)] (h)(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).’’.
2197	349.19 - 349.22	SEC. 13301.(g)(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
2198	349.23 - 349.24	SEC. 13301.(g)(2)(A)	in subparagraph (Q), by striking ‘‘and’’ at the end,
2199	350.1 - 350.2	SEC. 13301.(g)(2)(B)	in subparagraph (R), by striking the period at the end and inserting ‘‘, and’’, and
2200	350.3 - 350.4	SEC. 13301.(g)(2)(C)	by inserting after subparagraph (R) the following:
2201	350.5 - 350.8	[SEC. 13301.(g)(2)(C)] (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.’’.
2202	350.9 - 350.10	SEC. 13301.(h)	ENERGY EFFICIENT HOME IMPROVEMENT CREDIT.
2203	350.11 - 350.14	SEC. 13301.(h)(1)	IN GENERAL. The heading for section 25C is amended by striking ‘‘NONBUSINESS ENERGY PROPERTY’’ and inserting ‘‘ENERGY EFFICIENT HOME IMPROVEMENT CREDIT’’.
2204	350.15 - 350.19	SEC. 13301.(h)(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:
2205	350.20 - 350.20	SEC. 13301.(i)	EFFECTIVE DATES.
2206	350.21 - 350.24	SEC. 13301.(i)(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.
2207	351.1 - 351.3	SEC. 13301.(i)(2)	EXTENSION OF CREDIT. The amendments made by subsection (a) shall apply to property placed in service after December 31, 2021.
2208	351.4 - 351.6	SEC. 13301.(i)(3)	IDENTIFICATION NUMBER REQUIREMENT. The amendments made by subsection (g) shall apply to property placed in service after December 31, 2024.
2209	351.7 - 351.7	TITLE I Subtitle D PART 3 SEC. 13302.	RESIDENTIAL CLEAN ENERGY CREDIT.
2210	351.8 - 351.8	SEC. 13302.(a)	EXTENSION OF CREDIT.
2211	351.9 - 351.11	SEC. 13302.(a)(1)	IN GENERAL. Section 25D(h) is amended by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2034’’.
2212	351.12 - 351.13	SEC. 13302.(a)(2)	APPLICATION OF PHASEOUT. Section 25D(g) is amended
2213	351.14 - 351.16	SEC. 13302.(a)(2)(A)	in paragraph (2), by striking ‘‘before January 1, 2023, 26 percent, and’’ and inserting ‘‘before January 1, 2022, 26 percent,’’, and
2214	351.17 - 351.19	SEC. 13302.(a)(2)(B)	by striking paragraph (3) and by inserting after paragraph (2) the following new paragraphs:
2215	351.20 - 351.22	[SEC. 13302.(a)(2)(B)] (3)	in the case of property placed in service after December 31, 2021, and before January 1, 2033, 30 percent,
2216	351.23 - 351.25	[SEC. 13302.(a)(2)(B)] (4)	in the case of property placed in service after December 31, 2032, and before January 1, 2034, 26 percent, and
2217	352.1 - 352.3	[SEC. 13302.(a)(2)(B)] (5)	in the case of property placed in service after December 31, 2033, and before January 1, 2035, 22 percent.’’.
2218	352.4 - 352.6	SEC. 13302.(b)	RESIDENTIAL CLEAN ENERGY CREDIT FOR BATTERY STORAGE TECHNOLOGY; CERTAIN EXPENDITURES DISALLOWED.
2219	352.7 - 352.8	SEC. 13302.(b)(1)	ALLOWANCE OF CREDIT. Paragraph (6) of section 25D(a) is amended to read as follows:
2220	352.9 - 352.10	[SEC. 13302.(b)(1)] (6)	the qualified battery storage technology expenditures,’’.
2221	352.11 - 352.13	SEC. 13302.(b)(2)	DEFINITION OF QUALIFIED BATTERY STORAGE TECHNOLOGY EXPENDITURE. Paragraph (6) of section 25D(d) is amended to read as follows:
2222	352.14 - 352.17	[SEC. 13302.(b)(2)] (6)	QUALIFIED BATTERY STORAGE TECHNOLOGY EXPENDITURE. The term ‘qualified battery storage technology expenditure’ means an expenditure for battery storage technology which
2223	352.18 - 352.20	[SEC. 13302.(b)(2)] (6)(A)	is installed in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, and
2224	352.21 - 352.22	[SEC. 13302.(b)(2)] (6)(B)	has a capacity of not less than 3 kilowatt hours.’’.
2225	352.23 - 352.23	SEC. 13302.(c)	CONFORMING AMENDMENTS.
2226	353.1 - 353.3	SEC. 13302.(c)(1)	Section 25D(d)(3) is amended by inserting ‘‘, without regard to subparagraph (D) thereof’’ after ‘‘section 48(c)(1)’’.
2227	353.4 - 353.6	SEC. 13302.(c)(2)	The heading for section 25D is amended by striking ‘‘ENERGY EFFICIENT PROPERTY’’ and inserting ‘‘CLEAN ENERGY CREDIT’’.
2228	353.7 - 353.10	SEC. 13302.(c)(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:
2229	353.11 - 353.11	SEC. 13302.(d)	EFFECTIVE DATES.
2230	353.12 - 353.14	SEC. 13302.(d)(1)	IN GENERAL. Except as provided in paragraph (2), the amendments made by this section shall apply to expenditures made after December 31, 2021.
2231	353.15 - 353.19	SEC. 13302.(d)(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.
2232	353.20 - 353.21	TITLE I Subtitle D PART 3 SEC. 13303.	ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
2233	353.22 - 353.22	SEC. 13303.(a)	IN GENERAL.
2234	353.23 - 353.25	SEC. 13303.(a)(1)	MAXIMUM AMOUNT OF DEDUCTION. Subsection (b) of section 179D is amended to read as follows:
2235	354.1 - 354.1	[SEC. 13303.(a)(1)] (b)	MAXIMUM AMOUNT OF DEDUCTION.
2236	354.2 - 354.4	[SEC. 13303.(a)(1)] (b)(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
2237	354.5 - 354.5	[SEC. 13303.(a)(1)] (b)(1)(A)	the product of
2238	354.6 - 354.6	[SEC. 13303.(a)(1)] (b)(1)(A)(i)	the applicable dollar value, and
2239	354.7 - 354.8	[SEC. 13303.(a)(1)] (b)(1)(A)(ii)	the square footage of the building, over
2240	354.9 - 354.16	[SEC. 13303.(a)(1)] (b)(1)(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).
2241	354.17 - 354.23	[SEC. 13303.(a)(1)] (b)(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.
2242	354.24 - 354.25	[SEC. 13303.(a)(1)] (b)(3)	INCREASED DEDUCTION AMOUNT FOR CERTAIN PROPERTY.
2243	355.1 - 355.5	[SEC. 13303.(a)(1)] (b)(3)(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’.
2244	355.6 - 355.11	[SEC. 13303.(a)(1)] (b)(3)(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
2245	355.12 - 355.16	[SEC. 13303.(a)(1)] (b)(3)(B)(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
2247	355.17 - 355.19	[SEC. 13303.(a)(1)] (b)(3)(B)(ii)	installation of such property satisfies the requirements of paragraphs (4)(A) and (5).
2248	355.20 - 355.20	[SEC. 13303.(a)(1)] (b)(4)	PREVAILING WAGE REQUIREMENTS.
2249	355.21 - 356.8	[SEC. 13303.(a)(1)] (b)(4)(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.
2250	356.9 - 356.12	[SEC. 13303.(a)(1)] (b)(4)(B)	CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS. Rules similar to the rules of section 45(b)(7)(B) shall apply.
2251	356.13 - 356.14	[SEC. 13303.(a)(1)] (b)(5)	APPRENTICESHIP REQUIREMENTS. Rules similar to the rules of section 45(b)(8) shall apply.
2252	356.15 - 356.21	[SEC. 13303.(a)(1)] (b)(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.’’.
2253	356.22 - 356.24	SEC. 13303.(a)(2)	MODIFICATION OF EFFICIENCY STANDARD. Section 179D(c)(1)(D) is amended by striking ‘‘50 percent’’ and inserting ‘‘25 percent’’.
2255	357.1 - 357.3	SEC. 13303.(a)(3)	REFERENCE STANDARD. Section 179D(c)(2) is amended by striking ‘‘the most recent’’ and inserting the following: ‘‘the more recent of
2256	357.4 - 357.8	[SEC. 13303.(a)(3)] (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
2257	357.9 - 357.9	[SEC. 13303.(a)(3)] (B)	the most recent’’.
2258	357.10 - 357.13	SEC. 13303.(a)(4)	FINAL DETERMINATION; EXTENSION OF PERIOD; PLACED IN SERVICE DEADLINE. Subparagraph (B)  of section 179D(c)(2), as amended by paragraph (3), is amended
2261	357.14 - 357.16	SEC. 13303.(a)(4)(A)	by inserting ‘‘for which the Department of Energy has issued a final determination and’’ before ‘‘which has been affirmed’’,
2262	357.17 - 357.18	SEC. 13303.(a)(4)(B)	by striking ‘‘2 years’’ and inserting ‘‘4 years’’, and
2263	357.19 - 357.21	SEC. 13303.(a)(4)(C)	by striking ‘‘that construction of such property begins’’ and inserting ‘‘such property is placed in service’’.
2264	357.22 - 357.22	SEC. 13303.(a)(5)	ELIMINATION OF PARTIAL ALLOWANCE.
2265	357.23 - 357.24	SEC. 13303.(a)(5)(A)	IN GENERAL. Section 179D(d) is amended
2266	357.25 - 357.25	SEC. 13303.(a)(5)(A)(i)	by striking paragraph (1), and
2267	358.1 - 358.3	SEC. 13303.(a)(5)(A)(ii)	by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively.
2268	358.4 - 358.4	SEC. 13303.(a)(5)(B)	CONFORMING AMENDMENTS.
2269	358.5 - 358.6	SEC. 13303.(a)(5)(B)(i)	Section 179D(c)(1)(D) is amended
2270	358.7 - 358.8	SEC. 13303.(a)(5)(B)(i)(I)	by striking ‘‘subsection (d)(6)’’ and inserting ‘‘subsection (d)(5)’’, and
2271	358.9 - 358.11	SEC. 13303.(a)(5)(B)(i)(II)	by striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection (d)(1)’’.
2274	358.12 - 358.15	SEC. 13303.(a)(5)(B)(ii)	Paragraph (2)(A) of section 179D(d), as redesignated by subparagraph (A), is amended by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (1)’’.
2277	358.16 - 358.20	SEC. 13303.(a)(5)(B)(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)’’.
2280	358.21 - 358.22	SEC. 13303.(a)(5)(B)(iv)	Section 179D is amended by striking subsection (f).
2281	358.23 - 358.24	SEC. 13303.(a)(5)(B)(v)	Section 179D(h) is amended by striking ‘‘or (d)(1)(A)’’.
2282	359.1 - 359.4	SEC. 13303.(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:
2283	359.5 - 359.6	[SEC. 13303.(a)(6)] (3)	ALLOCATION OF DEDUCTION BY CERTAIN TAX-EXEMPT ENTITIES.
2284	359.7 - 359.15	[SEC. 13303.(a)(6)] (3)(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.
2285	359.16 - 359.18	[SEC. 13303.(a)(6)] (3)(B)	SPECIFIED TAX-EXEMPT ENTITY. For purposes of this paragraph, the term ‘specified tax-exempt entity’ means
2286	359.19 - 359.22	[SEC. 13303.(a)(6)] (3)(B)(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,
2287	359.23 - 360.2	[SEC. 13303.(a)(6)] (3)(B)(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
2288	360.3 - 360.4	[SEC. 13303.(a)(6)] (3)(B)(iii)	any organization exempt from tax imposed by this chapter.’’.
2289	360.5 - 360.9	SEC. 13303.(a)(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:
2290	360.10 - 360.11	[SEC. 13303.(a)(7)] (f)	ALTERNATIVE DEDUCTION FOR ENERGY EFFICIENT BUILDING RETROFIT PROPERTY.
2291	360.12 - 360.19	[SEC. 13303.(a)(7)] (f)(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
2292	360.20 - 360.23	[SEC. 13303.(a)(7)] (f)(1)(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
2293	360.24 - 361.5	[SEC. 13303.(a)(7)] (f)(1)(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.
2294	361.6 - 361.14	[SEC. 13303.(a)(7)] (f)(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
2295	361.15 - 361.19	[SEC. 13303.(a)(7)] (f)(2)(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,
2296	361.20 - 361.23	[SEC. 13303.(a)(7)] (f)(2)(B)	certify the status of property installed pursuant to such plan as meeting the requirements of subparagraphs (B) and (C) of paragraph (3), and
2297	361.24 - 362.3	[SEC. 13303.(a)(7)] (f)(2)(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.
2298	362.4 - 362.7	[SEC. 13303.(a)(7)] (f)(3)	ENERGY EFFICIENT BUILDING RETROFIT PROPERTY. For purposes of this subsection, the term ‘energy efficient building retrofit property’ means property
2299	362.8 - 362.10	[SEC. 13303.(a)(7)] (f)(3)(A)	with respect to which depreciation (or amortization in lieu of depreciation) is allowable,
2300	362.11 - 362.12	[SEC. 13303.(a)(7)] (f)(3)(B)	which is installed on or in any qualified building,
2301	362.13 - 362.13	[SEC. 13303.(a)(7)] (f)(3)(C)	which is installed as part of
2302	362.14 - 362.14	[SEC. 13303.(a)(7)] (f)(3)(C)(i)	the interior lighting systems,
2303	362.15 - 362.16	[SEC. 13303.(a)(7)] (f)(3)(C)(ii)	the heating, cooling, ventilation, and hot water systems, or
2304	362.17 - 362.17	[SEC. 13303.(a)(7)] (f)(3)(C)(iii)	the building envelope, and
2305	362.18 - 362.20	[SEC. 13303.(a)(7)] (f)(3)(D)	which is certified in accordance with paragraph (2)(B) as meeting the requirements of subparagraphs (B) and (C).
2306	362.21 - 362.23	[SEC. 13303.(a)(7)] (f)(4)	QUALIFIED BUILDING. For purposes of this subsection, the term ‘qualified building’ means any building which
2307	362.24 - 362.24	[SEC. 13303.(a)(7)] (f)(4)(A)	is located in the United States, and
2308	363.1 - 363.4	[SEC. 13303.(a)(7)] (f)(4)(B)	was originally placed in service not less than 5 years before the establishment of the qualified retrofit plan with respect to such building.
2309	363.5 - 363.11	[SEC. 13303.(a)(7)] (f)(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.
2311	363.12 - 363.12	[SEC. 13303.(a)(7)] (f)(6)	BASELINE ENERGY USE INTENSITY.
2312	363.13 - 363.17	[SEC. 13303.(a)(7)] (f)(6)(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.
2313	363.18 - 363.22	[SEC. 13303.(a)(7)] (f)(6)(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.
2314	363.23 - 363.24	[SEC. 13303.(a)(7)] (f)(7)	OTHER DEFINITIONS. For purposes of this subsection
2315	364.1 - 364.6	[SEC. 13303.(a)(7)] (f)(7)(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.
2316	364.7 - 364.11	[SEC. 13303.(a)(7)] (f)(7)(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.
2317	364.12 - 364.13	[SEC. 13303.(a)(7)] (f)(8)	COORDINATION WITH DEDUCTION OTHERWISE ALLOWED UNDER SUBSECTION (a).
2318	364.14 - 364.20	[SEC. 13303.(a)(7)] (f)(8)(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.
2319	364.21 - 364.21	[SEC. 13303.(a)(7)] (f)(8)(B)	CERTAIN RULES NOT APPLICABLE.
2320	364.22 - 364.24	[SEC. 13303.(a)(7)] (f)(8)(B)(i)	IN GENERAL. Except as provided in clause (ii), subsection (d) shall not apply for purposes of this subsection.
2321	365.1 - 365.4	[SEC. 13303.(a)(7)] (f)(8)(B)(ii)	ALLOCATION OF DEDUCTION BY CERTAIN TAX-EXEMPT ENTITIES. Rules similar to subsection (d)(3) shall apply for purposes of this subsection.’’.
2322	365.5 - 365.6	SEC. 13303.(a)(8)	INFLATION ADJUSTMENT. Section 179D(g) is amended
2323	365.7 - 365.8	SEC. 13303.(a)(8)(A)	by striking ‘‘2020’’ and inserting ‘‘2022’’,
2324	365.9 - 365.10	SEC. 13303.(a)(8)(B)	by striking ‘‘or subsection (d)(1)(A)’’, and
2325	365.11 - 365.12	SEC. 13303.(a)(8)(C)	by striking ‘‘2019’’ and inserting ‘‘2021’’.
2326	365.13 - 365.15	SEC. 13303.(b)	APPLICATION TO REAL ESTATE INVESTMENT TRUST EARNINGS AND PROFITS. Section 312(k)(3)(B) is amended
2327	365.16 - 365.18	SEC. 13303.(b)(1)	by striking ‘‘For purposes of computing the earnings and profits of a corporation’’ and inserting the following:
2328	365.19 - 365.22	[SEC. 13303.(b)(1)] (i)	IN GENERAL. For purposes of computing the earnings and profits of a corporation, except as provided in clause (ii)’’, and
2330	365.23 - 365.24	SEC. 13303.(b)(2)	by adding at the end the following new clause:
2331	366.1 - 366.9	[SEC. 13303.(b)(2)] (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).’’.
2332	366.10 - 366.15	SEC. 13303.(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’’.
2333	366.16 - 366.16	SEC. 13303.(d)	EFFECTIVE DATE.
2334	366.17 - 366.20	SEC. 13303.(d)(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.
2335	366.21 - 367.5	SEC. 13303.(d)(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.
2337	367.6 - 367.7	TITLE I Subtitle D PART 3 SEC. 13304.	EXTENSION, INCREASE, AND MODIFICATIONS OF NEW ENERGY EFFICIENT HOME CREDIT.
2338	367.8 - 367.10	SEC. 13304.(a)	EXTENSION OF CREDIT. Section 45L(g) is amended by striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2032’’.
2339	367.11 - 367.12	SEC. 13304.(b)	INCREASE IN CREDIT AMOUNTS. Paragraph (2) of section 45L(a) is amended to read as follows:
2340	367.13 - 367.15	[SEC. 13304.(b)] (2)	APPLICABLE AMOUNT. For purposes of paragraph (1), the applicable amount is an amount equal to
2341	367.16 - 367.19	[SEC. 13304.(b)] (2)(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
2342	367.20 - 367.23	[SEC. 13304.(b)] (2)(A)(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
2344	367.24 - 367.25	[SEC. 13304.(b)] (2)(A)(ii)	which meets the requirements of subsection (c)(1)(B), $5,000, and
2345	368.1 - 368.4	[SEC. 13304.(b)] (2)(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
2346	368.5 - 368.8	[SEC. 13304.(b)] (2)(B)(i)	which meets the requirements of subsection (c)(1)(A) (and which does not meet the requirements of subsection (c)(1)(B)), $500, and
2348	368.9 - 368.10	[SEC. 13304.(b)] (2)(B)(ii)	which meets the requirements of subsection (c)(1)(B), $1,000.’’.
2349	368.11 - 368.12	SEC. 13304.(c)	MODIFICATION OF ENERGY SAVING REQUIREMENTS. Section 45L(c) is amended to read as follows:
2350	368.13 - 368.13	[SEC. 13304.(c)] (c)	ENERGY SAVING REQUIREMENTS.
2351	368.14 - 368.14	[SEC. 13304.(c)] (c)(1)	IN GENERAL.
2352	368.15 - 368.18	[SEC. 13304.(c)] (c)(1)(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).
2353	368.19 - 369.2	[SEC. 13304.(c)] (c)(1)(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).
2354	369.3 - 369.5	[SEC. 13304.(c)] (c)(2)	SINGLE-FAMILY HOME REQUIREMENTS. A dwelling unit meets the requirements of this paragraph if
2355	369.6 - 369.6	[SEC. 13304.(c)] (c)(2)(A)	such dwelling unit meets
2356	369.7 - 369.10	[SEC. 13304.(c)] (c)(2)(A)(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
2357	369.11 - 369.14	[SEC. 13304.(c)] (c)(2)(A)(i)(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
2358	369.15 - 369.21	[SEC. 13304.(c)] (c)(2)(A)(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
2359	369.22 - 370.2	[SEC. 13304.(c)] (c)(2)(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.
2360	370.3 - 370.5	[SEC. 13304.(c)] (c)(3)	MULTI-FAMILY HOME REQUIREMENTS. A dwelling unit meets the requirements of this paragraph if
2361	370.6 - 370.11	[SEC. 13304.(c)] (c)(3)(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
2362	370.12 - 370.18	[SEC. 13304.(c)] (c)(3)(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).’’.
2363	370.19 - 370.22	SEC. 13304.(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:
2365	370.23 - 370.23	[SEC. 13304.(d)] (g)	PREVAILING WAGE REQUIREMENT.
2366	370.24 - 371.3	[SEC. 13304.(d)] (g)(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
2368	371.4 - 371.8	[SEC. 13304.(d)] (g)(1)(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
2369	371.9 - 371.10	[SEC. 13304.(d)] (g)(1)(B)	$5,000 in the case of a residence which meets the requirements of subsection (c)(1)(B).
2370	371.11 - 371.11	[SEC. 13304.(d)] (g)(2)	PREVAILING WAGE REQUIREMENTS.
2371	371.12 - 371.24	[SEC. 13304.(d)] (g)(2)(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.
2372	372.1 - 372.4	[SEC. 13304.(d)] (g)(2)(B)	CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS. Rules similar to the rules of section 45(b)(7)(B) shall apply.
2373	372.5 - 372.11	[SEC. 13304.(d)] (g)(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.’’.
2374	372.12 - 372.15	SEC. 13304.(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.’’.
2375	372.16 - 372.16	SEC. 13304.(f)	EFFECTIVE DATES.
2376	372.17 - 372.20	SEC. 13304.(f)(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.
2377	372.21 - 372.23	SEC. 13304.(f)(2)	EXTENSION OF CREDIT. The amendments made by subsection (a) shall apply to dwelling units acquired after December 31, 2021.
2378	373.1 - 373.1	TITLE I Subtitle D PART 4	CLEAN VEHICLES
2379	373.2 - 373.2	TITLE I Subtitle D PART 4 SEC. 13401.	CLEAN VEHICLE CREDIT.
2380	373.3 - 373.5	SEC. 13401.(a)	PER VEHICLE DOLLAR LIMITATION. Section 30D(b) is amended by striking paragraphs (2) and (3) and inserting the following:
2381	373.6 - 373.9	[SEC. 13401.(a)] (2)	CRITICAL MINERALS. In the case of a vehicle with respect to which the requirement described in subsection (e)(1)(A) is satisfied, the amount determined under this paragraph is $3,750.
2382	373.10 - 373.13	[SEC. 13401.(a)] (3)	BATTERY COMPONENTS. In the case of a vehicle with respect to which the requirement described in subsection (e)(2)(A) is satisfied, the amount determined under this paragraph is $3,750.’’.
2383	373.14 - 373.14	SEC. 13401.(b)	FINAL ASSEMBLY. Section 30D(d) is amended
2384	373.15 - 373.15	SEC. 13401.(b)(1)	in paragraph (1)
2385	373.16 - 373.17	SEC. 13401.(b)(1)(A)	in subparagraph (E), by striking ‘‘and’’ at the end,
2386	373.18 - 373.19	SEC. 13401.(b)(1)(B)	in subparagraph (F)(ii), by striking the period at the end and inserting ‘‘, and’’, and
2387	373.20 - 373.20	SEC. 13401.(b)(1)(C)	by adding at the end the following:
2388	373.21 - 373.22	[SEC. 13401.(b)(1)(C)] (G)	the final assembly of which occurs within North America.’’,
2389	373.23 - 373.23	SEC. 13401.(b)(2)	by adding at the end the following:
2390	373.24 - 374.6	[SEC. 13401.(b)(2)] (5)	FINAL ASSEMBLY. For purposes of paragraph (1)(G), the term ‘final assembly’ means the process by which a manufacturer produces a new clean vehicle at, or through the use of, a plant, factory, or other place from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle.’’.
2391	374.7 - 374.7	SEC. 13401.(c)	DEFINITION OF NEW CLEAN VEHICLE.
2392	374.8 - 374.10	SEC. 13401.(c)(1)	IN GENERAL. Section 30D(d), as amended by the preceding provisions of this section, is amended
2393	374.11 - 374.13	SEC. 13401.(c)(1)(A)	in the heading, by striking ‘‘QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR’’ and inserting ‘‘CLEAN’’,
2394	374.14 - 374.14	SEC. 13401.(c)(1)(B)	in paragraph (1)
2395	374.15 - 374.17	SEC. 13401.(c)(1)(B)(i)	in the matter preceding subparagraph (A), by striking ‘‘qualified plug-in electric drive motor’’ and inserting ‘‘clean’’,
2396	374.18 - 374.19	SEC. 13401.(c)(1)(B)(ii)	in subparagraph (C), by inserting ‘‘qualified’’ before ‘‘manufacturer’’,
2397	374.20 - 374.20	SEC. 13401.(c)(1)(B)(iii)	in subparagraph (F)
2398	374.21 - 374.22	SEC. 13401.(c)(1)(B)(iii)(I)	in clause (i), by striking ‘‘4’’ and inserting ‘‘7’’, and
2399	374.23 - 374.24	SEC. 13401.(c)(1)(B)(iii)(II)	in clause (ii), by striking ‘‘and’’ at the end,
2400	375.1 - 375.3	SEC. 13401.(c)(1)(B)(iv)	in subparagraph (G), by striking the period at the end and inserting ‘‘, and’’, and
2401	375.4 - 375.4	SEC. 13401.(c)(1)(B)(v)	by adding at the end the following:
2402	375.5 - 375.9	[SEC. 13401.(c)(1)(B)(v)] (H)	for which the person who sells any vehicle to the taxpayer furnishes a report to the taxpayer and to the Secretary, at such time and in such manner as the Secretary shall provide, containing
2403	375.10 - 375.11	[SEC. 13401.(c)(1)(B)(v)] (H)(i)	the name and taxpayer identification number of the taxpayer,
2404	375.12 - 375.16	[SEC. 13401.(c)(1)(B)(v)] (H)(ii)	the vehicle identification number of the vehicle, unless, in accordance with any applicable rules promulgated by the Secretary of Transportation, the vehicle is not assigned such a number,
2405	375.17 - 375.18	[SEC. 13401.(c)(1)(B)(v)] (H)(iii)	the battery capacity of the vehicle,
2406	375.19 - 375.21	[SEC. 13401.(c)(1)(B)(v)] (H)(iv)	verification that original use of the vehicle commences with the taxpayer, and
2407	375.22 - 375.24	[SEC. 13401.(c)(1)(B)(v)] (H)(v)	the maximum credit under this section allowable to the taxpayer with respect to the vehicle.’’,
2408	375.25 - 375.25	SEC. 13401.(c)(1)(C)	in paragraph (3)
2409	376.1 - 376.3	SEC. 13401.(c)(1)(C)(i)	in the heading, by striking ‘‘MANUFACTURER’’ and inserting ‘‘QUALIFIED MANUFACTURER’’,
2410	376.4 - 376.8	SEC. 13401.(c)(1)(C)(ii)	by striking ‘‘The term ‘manufacturer’ has the meaning given such term in’’ and inserting ‘‘The term ‘qualified manufacturer’ means any manufacturer (within the meaning of the’’, and
2411	376.9 - 376.19	SEC. 13401.(c)(1)(C)(iii)	by inserting ‘‘) which enters into a written agreement with the Secretary under which such manufacturer agrees to make periodic written reports to the Secretary (at such times and in such manner as the Secretary may provide) providing vehicle identification numbers and such other information related to each vehicle manufactured by such manufacturer as the Secretary may require’’ before the period at the end, and
2412	376.20 - 376.20	SEC. 13401.(c)(1)(D)	by adding at the end the following:
2413	376.21 - 377.2	[SEC. 13401.(c)(1)(D)] (6)	NEW QUALIFIED FUEL CELL MOTOR VEHICLE. For purposes of this section, the term ‘new clean vehicle’ shall include any new qualified fuel cell motor vehicle (as defined in section 30B(b)(3)) which meets the requirements under subparagraphs (G) and (H)  of paragraph (1).’’.
2415	377.3 - 377.4	SEC. 13401.(c)(2)	CONFORMING AMENDMENTS. Section 30D is amended
2416	377.5 - 377.7	SEC. 13401.(c)(2)(A)	in subsection (a), by striking ‘‘new qualified plug-in electric drive motor vehicle’’ and inserting ‘‘new clean vehicle’’, and
2417	377.8 - 377.10	SEC. 13401.(c)(2)(B)	in subsection (b)(1), by striking ‘‘new qualified plug-in electric drive motor vehicle’’ and inserting ‘‘new clean vehicle’’.
2418	377.11 - 377.13	SEC. 13401.(d)	ELIMINATION OF LIMITATION ON NUMBER OF VEHICLES ELIGIBLE FOR CREDIT. Section 30D is amended by striking subsection (e).
2419	377.14 - 377.15	SEC. 13401.(e)	CRITICAL MINERAL AND BATTERY COMPONENT REQUIREMENTS.
2420	377.16 - 377.18	SEC. 13401.(e)(1)	IN GENERAL. Section 30D, as amended by the preceding provisions of this section, is amended by inserting after subsection (d) the following:
2421	377.19 - 377.20	[SEC. 13401.(e)(1)] (e)	CRITICAL MINERAL AND BATTERY COMPONENT REQUIREMENTS.
2422	377.21 - 377.21	[SEC. 13401.(e)(1)] (e)(1)	CRITICAL MINERALS REQUIREMENT.
2423	377.22 - 378.3	[SEC. 13401.(e)(1)] (e)(1)(A)	IN GENERAL. The requirement described in this subparagraph with respect to a vehicle is that, with respect to the battery from which the electric motor of such vehicle draws electricity, the percentage of the value of the applicable critical minerals (as defined in section 45X(c)(6)) contained in such battery that were
2424	378.4 - 378.4	[SEC. 13401.(e)(1)] (e)(1)(A)(i)	extracted or processed
2425	378.5 - 378.5	[SEC. 13401.(e)(1)] (e)(1)(A)(i)(I)	in the United States, or
2426	378.6 - 378.8	[SEC. 13401.(e)(1)] (e)(1)(A)(i)(II)	in any country with which the United States has a free trade agreement in effect, or
2427	378.9 - 378.13	[SEC. 13401.(e)(1)] (e)(1)(A)(ii)	recycled in North America, is equal to or greater than the applicable percentage (as certified by the qualified manufacturer, in such form or manner as prescribed by the Secretary).
2428	378.14 - 378.16	[SEC. 13401.(e)(1)] (e)(1)(B)	APPLICABLE PERCENTAGE. For purposes of subparagraph (A), the applicable percentage shall be
2429	378.17 - 378.21	[SEC. 13401.(e)(1)] (e)(1)(B)(i)	in the case of a vehicle placed in service after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024, 40 percent,
2430	378.22 - 378.24	[SEC. 13401.(e)(1)] (e)(1)(B)(ii)	in the case of a vehicle placed in service during calendar year 2024, 50 percent,
2431	379.1 - 379.3	[SEC. 13401.(e)(1)] (e)(1)(B)(iii)	in the case of a vehicle placed in service during calendar year 2025, 60 percent,
2432	379.4 - 379.6	[SEC. 13401.(e)(1)] (e)(1)(B)(iv)	in the case of a vehicle placed in service during calendar year 2026, 70 percent, and
2433	379.7 - 379.8	[SEC. 13401.(e)(1)] (e)(1)(B)(v)	in the case of a vehicle placed in service after December 31, 2026, 80 percent.
2434	379.9 - 379.9	[SEC. 13401.(e)(1)] (e)(2)	BATTERY COMPONENTS.
2435	379.10 - 379.20	[SEC. 13401.(e)(1)] (e)(2)(A)	IN GENERAL. The requirement described in this subparagraph with respect to a vehicle is that, with respect to the battery from which the electric motor of such vehicle draws electricity, the percentage of the value of the components contained in such battery that were manufactured or assembled in North America is equal to or greater than the applicable percentage (as certified by the qualified manufacturer, in such form or manner as prescribed by the Secretary).
2436	379.21 - 379.23	[SEC. 13401.(e)(1)] (e)(2)(B)	APPLICABLE PERCENTAGE. For purposes of subparagraph (A), the applicable percentage shall be
2437	379.24 - 380.3	[SEC. 13401.(e)(1)] (e)(2)(B)(i)	in the case of a vehicle placed in service after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024, 50 percent,
2438	380.4 - 380.6	[SEC. 13401.(e)(1)] (e)(2)(B)(ii)	in the case of a vehicle placed in service during calendar year 2024 or 2025, 60 percent,
2439	380.7 - 380.9	[SEC. 13401.(e)(1)] (e)(2)(B)(iii)	in the case of a vehicle placed in service during calendar year 2026, 70 percent,
2440	380.10 - 380.12	[SEC. 13401.(e)(1)] (e)(2)(B)(iv)	in the case of a vehicle placed in service during calendar year 2027, 80 percent,
2441	380.13 - 380.15	[SEC. 13401.(e)(1)] (e)(2)(B)(v)	in the case of a vehicle placed in service during calendar year 2028, 90 percent,
2442	380.16 - 380.18	[SEC. 13401.(e)(1)] (e)(2)(B)(vi)	in the case of a vehicle placed in service after December 31, 2028, 100 percent.
2443	380.19 - 380.19	[SEC. 13401.(e)(1)] (e)(3)	REGULATIONS AND GUIDANCE.
2444	380.20 - 381.2	[SEC. 13401.(e)(1)] (e)(3)(A)	IN GENERAL. 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.
2445	381.3 - 381.6	[SEC. 13401.(e)(1)] (e)(3)(B)	DEADLINE FOR PROPOSED GUIDANCE. Not later than December 31, 2022, the Secretary shall issue proposed guidance with respect to the requirements under this subsection.’’.
2446	381.7 - 381.9	SEC. 13401.(e)(2)	EXCLUDED ENTITIES. Section 30D(d), as amended by the preceding provisions of this section, is amended by adding at the end the following:
2447	381.10 - 381.12	[SEC. 13401.(e)(2)] (7)	EXCLUDED ENTITIES. For purposes of this section, the term ‘new clean vehicle’ shall not include
2448	381.13 - 381.20	[SEC. 13401.(e)(2)] (7)(A)	any vehicle placed in service after December 31, 2024, with respect to which any of the applicable critical minerals contained in the battery of such vehicle (as described in subsection (e)(1)(A)) were extracted, processed, or recycled by a foreign entity of concern (as defined in section 40207(a)(5) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)(5))), or
2450	381.21 - 382.2	[SEC. 13401.(e)(2)] (7)(B)	any vehicle placed in service after December 31, 2023, with respect to which any of the components contained in the battery of such vehicle (as described in subsection (e)(2)(A)) were manufactured or assembled by a foreign entity of concern (as so defined).’’.
2451	382.3 - 382.4	SEC. 13401.(f)	SPECIAL RULES. Section 30D(f) is amended by adding at the end the following:
2452	382.5 - 382.9	[SEC. 13401.(f)] (8)	ONE CREDIT PER VEHICLE. In the case of any vehicle, the credit described in subsection (a) shall only be allowed once with respect to such vehicle, as determined based upon the vehicle identification number of such vehicle.
2453	382.10 - 382.14	[SEC. 13401.(f)] (9)	VIN REQUIREMENT. No credit shall be allowed under this section 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.
2454	382.15 - 382.16	[SEC. 13401.(f)] (10)	LIMITATION BASED ON MODIFIED ADJUSTED GROSS INCOME.
2455	382.17 - 382.19	[SEC. 13401.(f)] (10)(A)	IN GENERAL. No credit shall be allowed under subsection (a) for any taxable year if
2456	382.20 - 382.20	[SEC. 13401.(f)] (10)(A)(i)	the lesser of
2457	382.21 - 382.23	[SEC. 13401.(f)] (10)(A)(i)(I)	the modified adjusted gross income of the taxpayer for such taxable year, or
2458	383.1 - 383.3	[SEC. 13401.(f)] (10)(A)(i)(II)	the modified adjusted gross income of the taxpayer for the preceding taxable year, exceeds
2459	383.4 - 383.4	[SEC. 13401.(f)] (10)(A)(ii)	the threshold amount.
2460	383.5 - 383.7	[SEC. 13401.(f)] (10)(B)	THRESHOLD AMOUNT. For purposes of subparagraph (A)(ii), the threshold amount shall be
2461	383.8 - 383.10	[SEC. 13401.(f)] (10)(B)(i)	in the case of a joint return or a surviving spouse (as defined in section 2(a)), $300,000,
2462	383.11 - 383.12	[SEC. 13401.(f)] (10)(B)(ii)	in the case of a head of household (as defined in section 2(b)), $225,000, and
2463	383.13 - 383.14	[SEC. 13401.(f)] (10)(B)(iii)	in the case of a taxpayer not described in clause (i) or (ii), $150,000.
2464	383.15 - 383.20	[SEC. 13401.(f)] (10)(C)	MODIFIED ADJUSTED GROSS INCOME. For purposes of this paragraph, the term ‘modified adjusted gross income’ means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.
2465	383.21 - 383.22	[SEC. 13401.(f)] (11)	MANUFACTURER’S SUGGESTED RETAIL PRICE LIMITATION.
2466	383.23 - 384.2	[SEC. 13401.(f)] (11)(A)	IN GENERAL. No credit shall be allowed under subsection (a) for a vehicle with a manufacturer’s suggested retail price in excess of the applicable limitation.
2467	384.3 - 384.5	[SEC. 13401.(f)] (11)(B)	APPLICABLE LIMITATION. For purposes of subparagraph (A), the applicable limitation for each vehicle classification is as follows:
2468	384.6 - 384.7	[SEC. 13401.(f)] (11)(B)(i)	VANS. In the case of a van, $80,000.
2469	384.8 - 384.9	[SEC. 13401.(f)] (11)(B)(ii)	SPORT UTILITY VEHICLES. In the case of a sport utility vehicle, $80,000.
2470	384.10 - 384.11	[SEC. 13401.(f)] (11)(B)(iii)	PICKUP TRUCKS. In the case of a pickup truck, $80,000.
2471	384.12 - 384.13	[SEC. 13401.(f)] (11)(B)(iv)	OTHER. In the case of any other vehicle, $55,000.
2472	384.14 - 384.21	[SEC. 13401.(f)] (11)(C)	REGULATIONS AND GUIDANCE. For purposes of this paragraph, the Secretary shall prescribe such regulations or other guidance as the Secretary determines necessary for determining vehicle classifications using criteria similar to that employed by the Environmental Protection Agency and the Department of the Energy to determine size and class of vehicles.’’.
2473	384.22 - 384.22	SEC. 13401.(g)	TRANSFER OF CREDIT.
2474	384.23 - 384.24	SEC. 13401.(g)(1)	IN GENERAL. Section 30D is amended by striking subsection (g) and inserting the following:
2475	384.25 - 384.25	[SEC. 13401.(g)(1)] (g)	TRANSFER OF CREDIT.
2476	385.1 - 385.9	[SEC. 13401.(g)(1)] (g)(1)	IN GENERAL. Subject to such regulations or other guidance as the Secretary determines necessary, if the taxpayer who acquires a new clean vehicle elects the application of this subsection with respect to such vehicle, the credit which would (but for this subsection) be allowed to such taxpayer with respect to such vehicle shall be allowed to the eligible entity specified in such election (and not to such taxpayer).
2477	385.10 - 385.14	[SEC. 13401.(g)(1)] (g)(2)	ELIGIBLE ENTITY. For purposes of this subsection, the term ‘eligible entity’ means, with respect to the vehicle for which the credit is allowed under subsection (a), the dealer which sold such vehicle to the taxpayer and has
2478	385.15 - 385.18	[SEC. 13401.(g)(1)] (g)(2)(A)	subject to paragraph (4), registered with the Secretary for purposes of this paragraph, at such time, and in such form and manner, as the Secretary may prescribe,
2479	385.19 - 385.22	[SEC. 13401.(g)(1)] (g)(2)(B)	prior to the election described in paragraph (1) and not later than at the time of such sale, disclosed to the taxpayer purchasing such vehicle
2480	385.23 - 385.24	[SEC. 13401.(g)(1)] (g)(2)(B)(i)	the manufacturer’s suggested retail price,
2481	386.1 - 386.3	[SEC. 13401.(g)(1)] (g)(2)(B)(ii)	the value of the credit allowed and any other incentive available for the purchase of such vehicle, and
2482	386.4 - 386.6	[SEC. 13401.(g)(1)] (g)(2)(B)(iii)	the amount provided by the dealer to such taxpayer as a condition of the election described in paragraph (1),
2483	386.7 - 386.12	[SEC. 13401.(g)(1)] (g)(2)(C)	not later than at the time of such sale, made payment to such taxpayer (whether in cash or in the form of a partial payment or down payment for the purchase of such vehicle) in an amount equal to the credit otherwise allowable to such taxpayer, and
2484	386.13 - 386.18	[SEC. 13401.(g)(1)] (g)(2)(D)	with respect to any incentive otherwise available for the purchase of a vehicle for which a credit is allowed under this section, including any incentive in the form of a rebate or discount provided by the dealer or manufacturer, ensured that
2485	386.19 - 386.22	[SEC. 13401.(g)(1)] (g)(2)(D)(i)	the availability or use of such incentive shall not limit the ability of a taxpayer to make an election described in paragraph (1), and
2486	386.23 - 386.24	[SEC. 13401.(g)(1)] (g)(2)(D)(ii)	such election shall not limit the value or use of such incentive.
2487	387.1 - 387.4	[SEC. 13401.(g)(1)] (g)(3)	TIMING. An election described in paragraph (1) shall be made by the taxpayer not later than the date on which the vehicle for which the credit is allowed under subsection (a) is purchased.
2488	387.5 - 387.10	[SEC. 13401.(g)(1)] (g)(4)	REVOCATION OF REGISTRATION. Upon determination by the Secretary that a dealer has failed to comply with the requirements described in paragraph (2), the Secretary may revoke the registration (as described in subparagraph (A) of such paragraph) of such dealer.
2489	387.11 - 387.13	[SEC. 13401.(g)(1)] (g)(5)	TAX TREATMENT OF PAYMENTS. With respect to any payment described in paragraph (2)(C), such payment
2490	387.14 - 387.15	[SEC. 13401.(g)(1)] (g)(5)(A)	shall not be includible in the gross income of the taxpayer, and
2491	387.16 - 387.17	[SEC. 13401.(g)(1)] (g)(5)(B)	with respect to the dealer, shall not be deductible under this title.
2492	387.18 - 387.20	[SEC. 13401.(g)(1)] (g)(6)	APPLICATION OF CERTAIN OTHER REQUIREMENTS. In the case of any election under paragraph (1)  with respect to any vehicle
2494	387.21 - 388.2	[SEC. 13401.(g)(1)] (g)(6)(A)	the requirements of paragraphs (1) and (2) of subsection (f) shall apply to the taxpayer who acquired the vehicle in the same manner as if the credit determined under this section with respect to such vehicle were allowed to such taxpayer,
2495	388.3 - 388.4	[SEC. 13401.(g)(1)] (g)(6)(B)	paragraph (6) of such subsection shall not apply, and
2496	388.5 - 388.9	[SEC. 13401.(g)(1)] (g)(6)(C)	the requirement of paragraph (9) of such subsection (f) shall be treated as satisfied if the eligible entity provides the vehicle identification number of such vehicle to the Secretary in such manner as the Secretary may provide.
2497	388.10 - 388.11	[SEC. 13401.(g)(1)] (g)(7)	ADVANCE PAYMENT TO REGISTERED DEALERS.
2498	388.12 - 388.18	[SEC. 13401.(g)(1)] (g)(7)(A)	IN GENERAL. The Secretary shall establish a program to make advance payments to any eligible entity in an amount equal to the cumulative amount of the credits allowed under subsection (a) with respect to any vehicles sold by such entity for which an election described in paragraph (1) has been made.
2499	388.19 - 388.21	[SEC. 13401.(g)(1)] (g)(7)(B)	EXCESSIVE PAYMENTS. Rules similar to the rules of section 6417(d)(6) shall apply for purposes of this paragraph.
2500	388.22 - 389.2	[SEC. 13401.(g)(1)] (g)(7)(C)	TREATMENT OF ADVANCE PAYMENTS. For purposes of section 1324 of title 31, United States Code, the payments under subparagraph (A) shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
2501	389.3 - 389.10	[SEC. 13401.(g)(1)] (g)(8)	DEALER. For purposes of this subsection, the term ‘dealer’ means a person licensed by a State, the District of Columbia, the Commonwealth of Puerto Rico, any other territory or possession of the United States, an Indian tribal government, or any Alaska Native Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)) to engage in the sale of vehicles.
2502	389.11 - 389.20	[SEC. 13401.(g)(1)] (g)(9)	INDIAN TRIBAL GOVERNMENT. For purposes of this subsection, the term ‘Indian 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).
2503	389.21 - 390.6	[SEC. 13401.(g)(1)] (g)(10)	RECAPTURE. In the case of any taxpayer who has made an election described in paragraph (1) with respect to a new clean vehicle and received a payment described in paragraph (2)(C) from an eligible entity, if the credit under subsection (a) would otherwise (but for this subsection) not be allowable to such taxpayer pursuant to the application of subsection (f)(10), the tax imposed on such taxpayer under this chapter for the taxable year in which such vehicle was placed in service shall be increased by the amount of the payment received by such taxpayer.’’.
2504	390.7 - 390.9	SEC. 13401.(g)(2)	CONFORMING AMENDMENTS. Section 30D, as amended by the preceding provisions of this section, is amended
2505	390.10 - 390.11	SEC. 13401.(g)(2)(A)	in subsection (d)(1)(H) of such section
2506	390.12 - 390.13	SEC. 13401.(g)(2)(A)(i)	in clause (iv), by striking ‘‘and’’ at the end,
2507	390.14 - 390.15	SEC. 13401.(g)(2)(A)(ii)	in clause (v), by striking the period at the end and inserting ‘‘, and’’, and
2508	390.16 - 390.17	SEC. 13401.(g)(2)(A)(iii)	by adding at the end the following:
2509	390.18 - 390.22	[SEC. 13401.(g)(2)(A)(iii)] (vi)	in the case of a taxpayer who makes an election under subsection (g)(1), any amount described in subsection (g)(2)(C) which has been provided to such taxpayer.’’, and
2511	390.23 - 390.23	SEC. 13401.(g)(2)(B)	in subsection (f)
2512	390.24 - 390.24	SEC. 13401.(g)(2)(B)(i)	by striking paragraph (3), and
2513	391.1 - 391.4	SEC. 13401.(g)(2)(B)(ii)	in paragraph (8), by inserting ‘‘, including any vehicle with respect to which the taxpayer elects the application of subsection (g)’’ before the period at the end.
2514	391.5 - 391.6	SEC. 13401.(h)	TERMINATION. Section 30D is amended by adding at the end the following:
2515	391.7 - 391.9	[SEC. 13401.(h)] (h)	TERMINATION. No credit shall be allowed under this section with respect to any vehicle placed in service after December 31, 2032.’’.
2516	391.10 - 391.10	SEC. 13401.(i)	ADDITIONAL CONFORMING AMENDMENTS.
2517	391.11 - 391.14	SEC. 13401.(i)(1)	The heading of section 30D is amended by striking ‘‘NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES’’ and inserting ‘‘CLEAN VEHICLE CREDIT’’.
2518	391.15 - 391.15	SEC. 13401.(i)(2)	Section 30B is amended
2519	391.16 - 391.20	SEC. 13401.(i)(2)(A)	in subsection (h)(8), by striking ‘‘, except that no benefit shall be recaptured if such property ceases to be eligible for such credit by reason of conversion to a qualified plug-in electric drive motor vehicle’’, and
2520	391.21 - 391.21	SEC. 13401.(i)(2)(B)	by striking subsection (i).
2521	391.22 - 391.24	SEC. 13401.(i)(3)	Section 38(b)(30) is amended by striking ‘‘qualified plug-in electric drive motor’’ and inserting ‘‘clean’’.
2522	392.1 - 392.2	SEC. 13401.(i)(4)	Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended
2523	392.3 - 392.4	SEC. 13401.(i)(4)(A)	in subparagraph (R), by striking ‘‘and’’ at the end,
2524	392.5 - 392.6	SEC. 13401.(i)(4)(B)	in subparagraph (S), by striking the period at the end and inserting ‘‘, and’’, and
2525	392.7 - 392.8	SEC. 13401.(i)(4)(C)	by inserting after subparagraph (S) the following:
2526	392.9 - 392.12	[SEC. 13401.(i)(4)(C)] (T)	an omission of a correct vehicle identification number required under section 30D(f)(9) (relating to credit for new clean vehicles) to be included on a return.’’.
2527	392.13 - 392.14	SEC. 13401.(i)(5)	Section 6501(m) is amended by striking ‘‘30D(e)(4)’’ and inserting ‘‘30D(f)(6)’’.
2528	392.15 - 392.18	SEC. 13401.(i)(6)	The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30D and inserting after the item relating to section 30C the following item:
2529	392.19 - 392.25	SEC. 13401.(j)	GROSS-UP OF DIRECT SPENDING. Beginning in fiscal year 2023 and each fiscal year thereafter, the portion of any credit allowed to an eligible entity (as defined in section 30D(g)(2) of the Internal Revenue Code of 1986) pursuant to an election made under section 30D(g) of the Internal Revenue Code of 1986 that is direct spending shall be increased by 6.0445 percent.
2530	393.1 - 393.1	SEC. 13401.(k)	EFFECTIVE DATES.
2531	393.2 - 393.5	SEC. 13401.(k)(1)	IN GENERAL. Except as provided in paragraphs (2), (3), (4), and (5), the amendments made by this section shall apply to vehicles placed in service after December 31, 2022.
2532	393.6 - 393.8	SEC. 13401.(k)(2)	FINAL ASSEMBLY. The amendments made by subsection (b) shall apply to vehicles sold after the date of enactment of this Act.
2533	393.9 - 393.16	SEC. 13401.(k)(3)	PER VEHICLE DOLLAR LIMITATION AND RELATED REQUIREMENTS. The amendments made by subsections (a) and (e) shall apply to vehicles placed in service after the date on which the proposed guidance described in paragraph (3)(B) of section 30D(e) of the Internal Revenue Code of 1986 (as added by subsection (e)) is issued by the Secretary of the Treasury (or the Secretary’s delegate).
2534	393.17 - 393.19	SEC. 13401.(k)(4)	TRANSFER OF CREDIT. The amendments made by subsection (g) shall apply to vehicles placed in service after December 31, 2023.
2535	393.20 - 393.22	SEC. 13401.(k)(5)	ELIMINATION OF MANUFACTURER LIMITATION. The amendment made by subsection (d) shall apply to vehicles sold after December 31, 2022.
2536	393.23 - 393.25	SEC. 13401.(l)	TRANSITION RULE. Solely for purposes of the application of section 30D of the Internal Revenue Code of 1986, in the case of a taxpayer that
2537	394.1 - 394.7	SEC. 13401.(l)(1)	after December 31, 2021, and before the date of enactment of this Act, purchased, or entered into a written binding contract to purchase, a new qualified plug-in electric drive motor vehicle (as defined in section 30D(d)(1) of the Internal Revenue Code of 1986, as in effect on the day before the date of enactment of this Act), and
2538	394.8 - 394.14	SEC. 13401.(l)(2)	placed such vehicle in service on or after the date of enactment of this Act, such taxpayer may elect (at such time, and in such form and manner, as the Secretary of the Treasury, or the Secretary’s delegate, may prescribe) to treat such vehicle as having been placed in service on the day before the date of enactment of this Act.
2539	394.15 - 394.16	TITLE I Subtitle D PART 4 SEC. 13402.	CREDIT FOR PREVIOUSLY-OWNED CLEAN VEHICLES.
2540	394.17 - 394.19	SEC. 13402.(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:
2541	394.20 - 394.20	[SEC. 13402.(a)] SEC. 25E.	PREVIOUSLY-OWNED CLEAN VEHICLES.
2542	394.21 - 394.25	[SEC. 13402.(a)] SEC. 25E.(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
2543	395.1 - 395.1	[SEC. 13402.(a)] SEC. 25E.(a)(1)	$4,000, or
2544	395.2 - 395.3	[SEC. 13402.(a)] SEC. 25E.(a)(2)	the amount equal to 30 percent of the sale price with respect to such vehicle.
2545	395.4 - 395.5	[SEC. 13402.(a)] SEC. 25E.(b)	LIMITATION BASED ON MODIFIED ADJUSTED GROSS INCOME.
2546	395.6 - 395.7	[SEC. 13402.(a)] SEC. 25E.(b)(1)	IN GENERAL. No credit shall be allowed under subsection (a) for any taxable year if
2547	395.8 - 395.8	[SEC. 13402.(a)] SEC. 25E.(b)(1)(A)	the lesser of
2548	395.9 - 395.10	[SEC. 13402.(a)] SEC. 25E.(b)(1)(A)(i)	the modified adjusted gross income of the taxpayer for such taxable year, or
2549	395.11 - 395.13	[SEC. 13402.(a)] SEC. 25E.(b)(1)(A)(ii)	the modified adjusted gross income of the taxpayer for the preceding taxable year, exceeds
2550	395.14 - 395.14	[SEC. 13402.(a)] SEC. 25E.(b)(1)(B)	the threshold amount.
2551	395.15 - 395.16	[SEC. 13402.(a)] SEC. 25E.(b)(2)	THRESHOLD AMOUNT. For purposes of paragraph (1)(B), the threshold amount shall be
2552	395.17 - 395.19	[SEC. 13402.(a)] SEC. 25E.(b)(2)(A)	in the case of a joint return or a surviving spouse (as defined in section 2(a)), $150,000,
2553	395.20 - 395.21	[SEC. 13402.(a)] SEC. 25E.(b)(2)(B)	in the case of a head of household (as defined in section 2(b)), $112,500, and
2554	395.22 - 395.23	[SEC. 13402.(a)] SEC. 25E.(b)(2)(C)	in the case of a taxpayer not described in subparagraph (A) or (B), $75,000.
2555	395.24 - 396.3	[SEC. 13402.(a)] SEC. 25E.(b)(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.
2556	396.4 - 396.4	[SEC. 13402.(a)] SEC. 25E.(c)	DEFINITIONS. For purposes of this section
2557	396.5 - 396.7	[SEC. 13402.(a)] SEC. 25E.(c)(1)	PREVIOUSLY-OWNED CLEAN VEHICLE. The term ‘previously-owned clean vehicle’ means, with respect to a taxpayer, a motor vehicle
2558	396.8 - 396.10	[SEC. 13402.(a)] SEC. 25E.(c)(1)(A)	the model year of which is at least 2 years earlier than the calendar year in which the taxpayer acquires such vehicle,
2559	396.11 - 396.12	[SEC. 13402.(a)] SEC. 25E.(c)(1)(B)	the original use of which commences with a person other than the taxpayer,
2560	396.13 - 396.14	[SEC. 13402.(a)] SEC. 25E.(c)(1)(C)	which is acquired by the taxpayer in a qualified sale, and
2561	396.15 - 396.15	[SEC. 13402.(a)] SEC. 25E.(c)(1)(D)	which
2562	396.16 - 396.19	[SEC. 13402.(a)] SEC. 25E.(c)(1)(D)(i)	meets the requirements of subparagraphs (C), (D), (E), (F), and (H) (except for clause (iv) thereof) of section 30D(d)(1), or
2563	396.20 - 396.20	[SEC. 13402.(a)] SEC. 25E.(c)(1)(D)(ii)	is a motor vehicle which
2564	396.21 - 396.23	[SEC. 13402.(a)] SEC. 25E.(c)(1)(D)(ii)(I)	satisfies the requirements under subparagraphs (A) and (B) of section 30B(b)(3), and
2565	396.24 - 396.25	[SEC. 13402.(a)] SEC. 25E.(c)(1)(D)(ii)(II)	has a gross vehicle weight rating of less than 14,000 pounds.
2566	397.1 - 397.2	[SEC. 13402.(a)] SEC. 25E.(c)(2)	QUALIFIED SALE. The term ‘qualified sale’ means a sale of a motor vehicle
2567	397.3 - 397.4	[SEC. 13402.(a)] SEC. 25E.(c)(2)(A)	by a dealer (as defined in section 30D(g)(8)),
2568	397.5 - 397.6	[SEC. 13402.(a)] SEC. 25E.(c)(2)(B)	for a sale price which does not exceed $25,000, and
2569	397.7 - 397.10	[SEC. 13402.(a)] SEC. 25E.(c)(2)(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.
2570	397.11 - 397.13	[SEC. 13402.(a)] SEC. 25E.(c)(3)	QUALIFIED BUYER. The term ‘qualified buyer’ means, with respect to a sale of a motor vehicle, a taxpayer
2571	397.14 - 397.14	[SEC. 13402.(a)] SEC. 25E.(c)(3)(A)	who is an individual,
2572	397.15 - 397.16	[SEC. 13402.(a)] SEC. 25E.(c)(3)(B)	who purchases such vehicle for use and not for resale,
2573	397.17 - 397.19	[SEC. 13402.(a)] SEC. 25E.(c)(3)(C)	with respect to whom no deduction is allowable with respect to another taxpayer under section 151, and
2574	397.20 - 397.23	[SEC. 13402.(a)] SEC. 25E.(c)(3)(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.
2575	397.24 - 398.2	[SEC. 13402.(a)] SEC. 25E.(c)(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.
2576	398.3 - 398.6	[SEC. 13402.(a)] SEC. 25E.(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.
2577	398.7 - 398.10	[SEC. 13402.(a)] SEC. 25E.(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.
2578	398.11 - 398.13	[SEC. 13402.(a)] SEC. 25E.(f)	TERMINATION. No credit shall be allowed under this section with respect to any vehicle acquired after December 31, 2032.’’.
2579	398.14 - 398.15	SEC. 13402.(b)	TRANSFER OF CREDIT. Section 25E, as added by subsection (a), is amended
2580	398.16 - 398.17	SEC. 13402.(b)(1)	by redesignating subsection (f) as subsection (g), and
2582	398.18 - 398.18	SEC. 13402.(b)(2)	by inserting after subsection (e) the following:
2583	398.19 - 398.20	[SEC. 13402.(b)(2)] (f)	TRANSFER OF CREDIT. Rules similar to the rules of section 30D(g) shall apply.’’.
2584	398.21 - 398.23	SEC. 13402.(c)	CONFORMING AMENDMENTS. Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended
2585	398.24 - 398.25	SEC. 13402.(c)(1)	in subparagraph (S), by striking ‘‘and’’ at the end,
2586	399.1 - 399.2	SEC. 13402.(c)(2)	in subparagraph (T), by striking the period at the end and inserting ‘‘, and’’, and
2587	399.3 - 399.4	SEC. 13402.(c)(3)	by inserting after subparagraph (T) the following:
2588	399.5 - 399.8	[SEC. 13402.(c)(3)] (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.’’.
2589	399.9 - 399.12	SEC. 13402.(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:
2590	399.13 - 399.13	SEC. 13402.(e)	EFFECTIVE DATE.
2591	399.14 - 399.16	SEC. 13402.(e)(1)	IN GENERAL. Except as provided in paragraph (2), the amendments made by this section shall apply to vehicles acquired after December 31, 2022.
2592	399.17 - 399.19	SEC. 13402.(e)(2)	TRANSFER OF CREDIT. The amendments made by subsection (b) shall apply to vehicles acquired after December 31, 2023.
2593	399.20 - 399.20	TITLE I Subtitle D PART 4 SEC. 13403.	QUALIFIED COMMERCIAL CLEAN VEHICLES.
2594	399.21 - 399.24	SEC. 13403.(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:
2595	400.1 - 400.2	[SEC. 13403.(a)] SEC. 45W.	CREDIT FOR QUALIFIED COMMERCIAL CLEAN VEHICLES.
2596	400.3 - 400.8	[SEC. 13403.(a)] SEC. 45W.(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.
2597	400.9 - 400.9	[SEC. 13403.(a)] SEC. 45W.(b)	PER VEHICLE AMOUNT.
2598	400.10 - 400.13	[SEC. 13403.(a)] SEC. 45W.(b)(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
2599	400.14 - 400.17	[SEC. 13403.(a)] SEC. 45W.(b)(1)(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
2600	400.18 - 400.18	[SEC. 13403.(a)] SEC. 45W.(b)(1)(B)	the incremental cost of such vehicle.
2601	400.19 - 400.23	[SEC. 13403.(a)] SEC. 45W.(b)(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.
2602	400.24 - 401.3	[SEC. 13403.(a)] SEC. 45W.(b)(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.
2603	401.4 - 401.6	[SEC. 13403.(a)] SEC. 45W.(b)(4)	LIMITATION. The amount determined under this subsection with respect to any qualified commercial clean vehicle shall not exceed
2604	401.7 - 401.9	[SEC. 13403.(a)] SEC. 45W.(b)(4)(A)	in the case of a vehicle which has a gross vehicle weight rating of less than 14,000 pounds, $7,500, and
2605	401.10 - 401.11	[SEC. 13403.(a)] SEC. 45W.(b)(4)(B)	in the case of a vehicle not described in subparagraph (A), $40,000.
2606	401.12 - 401.14	[SEC. 13403.(a)] SEC. 45W.(c)	QUALIFIED COMMERCIAL CLEAN VEHICLE. For purposes of this section, the term ‘qualified commercial clean vehicle’ means any vehicle which
2607	401.15 - 401.17	[SEC. 13403.(a)] SEC. 45W.(c)(1)	meets the requirements of section 30D(d)(1)(C) and is acquired for use or lease by the taxpayer and not for resale,
2608	401.18 - 401.18	[SEC. 13403.(a)] SEC. 45W.(c)(2)	either
2609	401.19 - 401.23	[SEC. 13403.(a)] SEC. 45W.(c)(2)(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
2610	401.24 - 402.2	[SEC. 13403.(a)] SEC. 45W.(c)(2)(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),
2611	402.3 - 402.3	[SEC. 13403.(a)] SEC. 45W.(c)(3)	either
2612	402.4 - 402.11	[SEC. 13403.(a)] SEC. 45W.(c)(3)(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
2613	402.12 - 402.14	[SEC. 13403.(a)] SEC. 45W.(c)(3)(B)	is a motor vehicle which satisfies the requirements under subparagraphs (A) and (B) of section 30B(b)(3), and
2614	402.15 - 402.16	[SEC. 13403.(a)] SEC. 45W.(c)(4)	is of a character subject to the allowance for depreciation.
2615	402.17 - 402.17	[SEC. 13403.(a)] SEC. 45W.(d)	SPECIAL RULES.
2616	402.18 - 402.21	[SEC. 13403.(a)] SEC. 45W.(d)(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.
2617	402.22 - 403.2	[SEC. 13403.(a)] SEC. 45W.(d)(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).
2618	403.3 - 403.5	[SEC. 13403.(a)] SEC. 45W.(d)(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.
2619	403.6 - 403.9	[SEC. 13403.(a)] SEC. 45W.(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.
2620	403.10 - 403.15	[SEC. 13403.(a)] SEC. 45W.(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.
2621	403.16 - 403.18	[SEC. 13403.(a)] SEC. 45W.(g)	TERMINATION. No credit shall be determined under this section with respect to any vehicle acquired after December 31, 2032.’’.
2622	403.19 - 403.19	SEC. 13403.(b)	CONFORMING AMENDMENTS.
2623	403.20 - 403.21	SEC. 13403.(b)(1)	Section 38(b), as amended by the preceding provisions of this Act, is amended
2624	403.22 - 403.23	SEC. 13403.(b)(1)(A)	in paragraph (35), by striking ‘‘plus’’ at the end,
2625	403.24 - 403.25	SEC. 13403.(b)(1)(B)	in paragraph (36), by striking the period at the end and inserting ‘‘, plus’’, and
2626	404.1 - 404.2	SEC. 13403.(b)(1)(C)	by adding at the end the following new paragraph:
2627	404.3 - 404.4	[SEC. 13403.(b)(1)(C)] (37)	the qualified commercial clean vehicle credit determined under section 45W.’’.
2628	404.5 - 404.6	SEC. 13403.(b)(2)	Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended
2629	404.7 - 404.8	SEC. 13403.(b)(2)(A)	in subparagraph (T), by striking ‘‘and’’ at the end,
2630	404.9 - 404.10	SEC. 13403.(b)(2)(B)	in subparagraph (U), by striking the period at the end and inserting ‘‘, and’’, and
2631	404.11 - 404.12	SEC. 13403.(b)(2)(C)	by inserting after subparagraph (U) the following:
2632	404.13 - 404.16	[SEC. 13403.(b)(2)(C)] (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.’’.
2633	404.17 - 404.20	SEC. 13403.(b)(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:
2634	404.21 - 404.23	SEC. 13403.(c)	EFFECTIVE DATE. The amendments made by this section shall apply to vehicles acquired after December 31, 2022.
2635	405.1 - 405.2	TITLE I Subtitle D PART 4 SEC. 13404.	ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
2636	405.3 - 405.5	SEC. 13404.(a)	IN GENERAL. Section 30C(g) is amended by striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2032’’.
2637	405.6 - 405.7	SEC. 13404.(b)	CREDIT FOR PROPERTY OF A CHARACTER SUBJECT TO DEPRECIATION.
2638	405.8 - 405.10	SEC. 13404.(b)(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’’.
2639	405.11 - 405.12	SEC. 13404.(b)(2)	MODIFICATION OF CREDIT LIMITATION. Subsection (b) of section 30C is amended
2640	405.13 - 405.14	SEC. 13404.(b)(2)(A)	in the matter preceding paragraph (1) 
2642	405.15 - 405.17	SEC. 13404.(b)(2)(A)(i)	by striking ‘‘with respect to all’’ and inserting ‘‘with respect to any single item of’’, and
2643	405.18 - 405.18	SEC. 13404.(b)(2)(A)(ii)	by striking ‘‘at a location’’, and
2644	405.19 - 405.22	SEC. 13404.(b)(2)(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’’.
2645	405.23 - 405.26	SEC. 13404.(b)(3)	BIDIRECTIONAL CHARGING EQUIPMENT INCLUDED AS QUALIFIED ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY. Section 30C(c) is amended to read as follows:
2646	406.1 - 406.2	[SEC. 13404.(b)(3)] (c)	QUALIFIED ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY. For purposes of this section
2647	406.3 - 406.6	[SEC. 13404.(b)(3)] (c)(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
2648	406.7 - 406.10	[SEC. 13404.(b)(3)] (c)(1)(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
2649	406.11 - 406.13	[SEC. 13404.(b)(3)] (c)(1)(B)	only the following were treated as clean-burning fuels for purposes of section 179A(d):
2650	406.14 - 406.18	[SEC. 13404.(b)(3)] (c)(1)(B)(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.
2651	406.19 - 406.19	[SEC. 13404.(b)(3)] (c)(1)(B)(ii)	Any mixture
2652	406.20 - 406.24	[SEC. 13404.(b)(3)] (c)(1)(B)(ii)(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
2653	407.1 - 407.4	[SEC. 13404.(b)(3)] (c)(1)(B)(ii)(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.
2654	407.5 - 407.5	[SEC. 13404.(b)(3)] (c)(1)(B)(iii)	Electricity.
2655	407.6 - 407.9	[SEC. 13404.(b)(3)] (c)(2)	BIDIRECTIONAL CHARGING EQUIPMENT. Property shall not fail to be treated as qualified alternative fuel vehicle refueling property solely because such property
2656	407.10 - 407.11	[SEC. 13404.(b)(3)] (c)(2)(A)	is capable of charging the battery of a motor vehicle propelled by electricity, and
2657	407.12 - 407.14	[SEC. 13404.(b)(3)] (c)(2)(B)	allows discharging electricity from such battery to an electric load external to such motor vehicle.’’.
2658	407.15 - 407.20	SEC. 13404.(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:
2659	407.21 - 407.23	[SEC. 13404.(c)] (f)	SPECIAL RULE FOR ELECTRIC CHARGING STATIONS FOR CERTAIN VEHICLES WITH 2 OR 3 WHEELS. For purposes of this section
2660	407.24 - 408.3	[SEC. 13404.(c)] (f)(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
2661	408.4 - 408.5	[SEC. 13404.(c)] (f)(1)(A)	meets the requirements of subsection (a)(2), and
2663	408.6 - 408.7	[SEC. 13404.(c)] (f)(1)(B)	is of a character subject to depreciation.
2664	408.8 - 408.9	[SEC. 13404.(c)] (f)(2)	MOTOR VEHICLE. A motor vehicle is described in this paragraph if the motor vehicle
2665	408.10 - 408.12	[SEC. 13404.(c)] (f)(2)(A)	is manufactured primarily for use on public streets, roads, or highways (not including a vehicle operated exclusively on a rail or rails),
2666	408.13 - 408.13	[SEC. 13404.(c)] (f)(2)(B)	has 2 or 3 wheels, and
2667	408.14 - 408.14	[SEC. 13404.(c)] (f)(2)(C)	is propelled by electricity.’’.
2668	408.15 - 408.19	SEC. 13404.(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:
2670	408.20 - 408.20	[SEC. 13404.(d)] (g)	WAGE AND APPRENTICESHIP REQUIREMENTS.
2671	408.21 - 408.21	[SEC. 13404.(d)] (g)(1)	INCREASED CREDIT AMOUNT.
2672	408.22 - 409.6	[SEC. 13404.(d)] (g)(1)(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.
2674	409.7 - 409.12	[SEC. 13404.(d)] (g)(1)(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.
2675	409.13 - 409.15	[SEC. 13404.(d)] (g)(1)(C)	PROJECT REQUIREMENTS. A project meets the requirements of this subparagraph if it is one of the following:
2676	409.16 - 409.20	[SEC. 13404.(d)] (g)(1)(C)(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).
2678	409.21 - 409.22	[SEC. 13404.(d)] (g)(1)(C)(ii)	A project which satisfies the requirements of paragraphs (2)(A) and (3).
2679	409.23 - 409.23	[SEC. 13404.(d)] (g)(2)	PREVAILING WAGE REQUIREMENTS.
2680	409.24 - 410.13	[SEC. 13404.(d)] (g)(2)(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.
2681	410.14 - 410.17	[SEC. 13404.(d)] (g)(2)(B)	CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS. Rules similar to the rules of section 45(b)(7)(B) shall apply.
2682	410.18 - 410.19	[SEC. 13404.(d)] (g)(3)	APPRENTICESHIP REQUIREMENTS. Rules similar to the rules of section 45(b)(8) shall apply.
2683	410.20 - 411.2	[SEC. 13404.(d)] (g)(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.’’.
2684	411.3 - 411.5	SEC. 13404.(e)	ELIGIBLE CENSUS TRACTS. Subsection (c) of section 30C, as amended by subsection (b)(3), is amended by adding at the end the following:
2685	411.6 - 411.7	[SEC. 13404.(e)] (3)	PROPERTY REQUIRED TO BE LOCATED IN ELIGIBLE CENSUS TRACTS.
2686	411.8 - 411.11	[SEC. 13404.(e)] (3)(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.
2687	411.12 - 411.12	[SEC. 13404.(e)] (3)(B)	ELIGIBLE CENSUS TRACT.
2688	411.13 - 411.16	[SEC. 13404.(e)] (3)(B)(i)	IN GENERAL. For purposes of this paragraph, the term ‘eligible census tract’ means any population census tract which
2689	411.17 - 411.18	[SEC. 13404.(e)] (3)(B)(i)(I)	is described in section 45D(e), or
2690	411.19 - 411.19	[SEC. 13404.(e)] (3)(B)(i)(II)	is not an urban area.
2691	411.20 - 412.2	[SEC. 13404.(e)] (3)(B)(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.’’.
2692	412.3 - 412.3	SEC. 13404.(f)	EFFECTIVE DATE.
2693	412.4 - 412.7	SEC. 13404.(f)(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.
2694	412.8 - 412.10	SEC. 13404.(f)(2)	EXTENSION. The amendments made by subsection (a) shall apply to property placed in service after December 31, 2021.
2695	412.11 - 412.12	TITLE I Subtitle D PART 5	INVESTMENT IN CLEAN ENERGY MANUFACTURING AND ENERGY SECURITY
2696	412.13 - 412.14	TITLE I Subtitle D PART 5 SEC. 13501.	EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.
2697	412.15 - 412.17	SEC. 13501.(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:
2698	412.18 - 412.18	[SEC. 13501.(a)] (e)	ADDITIONAL ALLOCATIONS.
2699	412.19 - 412.24	[SEC. 13501.(a)] (e)(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.
2700	413.1 - 413.7	[SEC. 13501.(a)] (e)(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
2701	413.8 - 413.9	[SEC. 13501.(a)] (e)(2)(A)	is described in clause (iii) of section 45(b)(11)(B), and
2702	413.10 - 413.13	[SEC. 13501.(a)] (e)(2)(B)	prior to the date of enactment of this subsection, had no project which received a certification and allocation of credits under subsection (d).
2703	413.14 - 413.14	[SEC. 13501.(a)] (e)(3)	CERTIFICATIONS.
2704	413.15 - 413.19	[SEC. 13501.(a)] (e)(3)(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.
2705	413.20 - 413.25	[SEC. 13501.(a)] (e)(3)(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.
2706	414.1 - 414.12	[SEC. 13501.(a)] (e)(3)(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.
2707	414.13 - 414.19	[SEC. 13501.(a)] (e)(3)(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.
2708	414.20 - 414.21	[SEC. 13501.(a)] (e)(4)	CREDIT RATE CONDITIONED UPON WAGE AND APPRENTICESHIP REQUIREMENTS.
2709	414.22 - 415.2	[SEC. 13501.(a)] (e)(4)(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’.
2710	415.3 - 415.6	[SEC. 13501.(a)] (e)(4)(B)	ALTERNATIVE RATE. In the case of any project which satisfies the requirements of paragraphs (5)(A) and (6), subparagraph (A) shall not apply.
2711	415.7 - 415.7	[SEC. 13501.(a)] (e)(5)	PREVAILING WAGE REQUIREMENTS.
2712	415.8 - 415.20	[SEC. 13501.(a)] (e)(5)(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.
2713	415.21 - 415.24	[SEC. 13501.(a)] (e)(5)(B)	CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS. Rules similar to the rules of section 45(b)(7)(B) shall apply.
2714	416.1 - 416.2	[SEC. 13501.(a)] (e)(6)	APPRENTICESHIP REQUIREMENTS. Rules similar to the rules of section 45(b)(8) shall apply.
2715	416.3 - 416.7	[SEC. 13501.(a)] (e)(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.’’.
2716	416.8 - 416.9	SEC. 13501.(b)	MODIFICATION OF QUALIFYING ADVANCED ENERGY PROJECTS. Section 48C(c)(1)(A) is amended
2717	416.10 - 416.13	SEC. 13501.(b)(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’’,
2718	416.14 - 416.14	SEC. 13501.(b)(2)	in clause (i)
2719	416.15 - 416.18	SEC. 13501.(b)(2)(A)	by striking ‘‘a manufacturing facility for the production of’’ and inserting ‘‘an industrial or manufacturing facility for the production or recycling of’’,
2720	416.19 - 416.20	SEC. 13501.(b)(2)(B)	in clause (I), by inserting ‘‘water,’’ after ‘‘sun,’’,
2721	416.21 - 416.24	SEC. 13501.(b)(2)(C)	in clause (II), by striking ‘‘an energy storage system for use with electric or hybridelectric motor vehicles’’ and inserting ‘‘energy storage systems and components’’,
2722	417.1 - 417.5	SEC. 13501.(b)(2)(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’’,
2723	417.6 - 417.9	SEC. 13501.(b)(2)(E)	in subclause (IV), by striking ‘‘and sequester carbon dioxide emissions’’ and inserting ‘‘, remove, use, or sequester carbon oxide emissions’’,
2724	417.10 - 417.11	SEC. 13501.(b)(2)(F)	by striking subclause (V) and inserting the following:
2725	417.12 - 417.14	[SEC. 13501.(b)(2)(F)] (V)	equipment designed to refine, electrolyze, or blend any fuel, chemical, or product which is
2726	417.15 - 417.15	[SEC. 13501.(b)(2)(F)] (V)(aa)	renewable, or
2727	417.16 - 417.17	[SEC. 13501.(b)(2)(F)] (V)(bb)	low-carbon and lowemission,’’,
2728	417.18 - 417.18	SEC. 13501.(b)(2)(G)	by striking subclause (VI),
2729	417.19 - 417.20	SEC. 13501.(b)(2)(H)	by redesignating subclause (VII) as subclause (IX),
2730	417.21 - 417.22	SEC. 13501.(b)(2)(I)	by inserting after subclause (V) the following new subclauses:
2731	417.23 - 418.2	[SEC. 13501.(b)(2)(I)] (VI)	property designed to produce energy conservation technologies (including residential, commercial, and industrial applications),
2732	418.3 - 418.5	[SEC. 13501.(b)(2)(I)] (VII)	light-, medium-, or heavyduty electric or fuel cell vehicles, as well as
2733	418.6 - 418.8	[SEC. 13501.(b)(2)(I)] (VII)(aa)	technologies, components, or materials for such vehicles, and
2734	418.9 - 418.10	[SEC. 13501.(b)(2)(I)] (VII)(bb)	associated charging or refueling infrastructure,
2735	418.11 - 418.15	[SEC. 13501.(b)(2)(I)] (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
2736	418.16 - 418.17	SEC. 13501.(b)(2)(J)	in subclause (IX), as so redesignated, by striking ‘‘and’’ at the end, and
2737	418.18 - 418.19	SEC. 13501.(b)(3)	by striking clause (ii) and inserting the following:
2738	418.20 - 418.24	[SEC. 13501.(b)(3)] (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
2739	419.1 - 419.2	[SEC. 13501.(b)(3)] (ii)(I)	low- or zero-carbon process heat systems,
2740	419.3 - 419.4	[SEC. 13501.(b)(3)] (ii)(II)	carbon capture, transport, utilization and storage systems,
2741	419.5 - 419.7	[SEC. 13501.(b)(3)] (ii)(III)	energy efficiency and reduction in waste from industrial processes, or
2742	419.8 - 419.11	[SEC. 13501.(b)(3)] (ii)(IV)	any other industrial technology designed to reduce greenhouse gas emissions, as determined by the Secretary, or
2743	419.12 - 419.16	[SEC. 13501.(b)(3)] (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)).’’.
2744	419.17 - 419.18	SEC. 13501.(c)	CONFORMING AMENDMENT. Subparagraph (A) of section 48C(c)(2) is amended to read as follows:
2745	419.19 - 419.19	[SEC. 13501.(c)] (A)	which is necessary for
2746	419.20 - 419.22	[SEC. 13501.(c)] (A)(i)	the production or recycling of property described in clause (i) of paragraph (1)(A),
2747	419.23 - 419.25	[SEC. 13501.(c)] (A)(ii)	re-equipping an industrial or manufacturing facility described in clause (ii)  of such paragraph, or
2749	420.1 - 420.3	[SEC. 13501.(c)] (A)(iii)	re-equipping, expanding, or establishing an industrial facility described in clause (iii) of such paragraph,’’.
2750	420.4 - 420.6	SEC. 13501.(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’’.
2751	420.7 - 420.8	SEC. 13501.(e)	EFFECTIVE DATE. The amendments made by this section shall take effect on January 1, 2023.
2752	420.9 - 420.10	TITLE I Subtitle D PART 5 SEC. 13502.	ADVANCED MANUFACTURING PRODUCTION CREDIT.
2753	420.11 - 420.14	SEC. 13502.(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:
2754	420.15 - 420.16	[SEC. 13502.(a)] SEC. 45X.	ADVANCED MANUFACTURING PRODUCTION CREDIT.
2755	420.17 - 420.17	[SEC. 13502.(a)] SEC. 45X.(a)	IN GENERAL.
2756	420.18 - 420.23	[SEC. 13502.(a)] SEC. 45X.(a)(1)	ALLOWANCE OF CREDIT. For purposes of section 38, the advanced manufacturing production credit for any taxable year is an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each eligible component which is
2757	420.24 - 420.24	[SEC. 13502.(a)] SEC. 45X.(a)(1)(A)	produced by the taxpayer, and
2758	421.1 - 421.2	[SEC. 13502.(a)] SEC. 45X.(a)(1)(B)	during the taxable year, sold by such taxpayer to an unrelated person.
2759	421.3 - 421.7	[SEC. 13502.(a)] SEC. 45X.(a)(2)	PRODUCTION AND SALE MUST BE IN TRADE OR BUSINESS. Any eligible component produced and sold by the taxpayer shall be taken into account only if the production and sale described in paragraph (1) is in a trade or business of the taxpayer.
2760	421.8 - 421.8	[SEC. 13502.(a)] SEC. 45X.(a)(3)	UNRELATED PERSON.
2761	421.9 - 421.13	[SEC. 13502.(a)] SEC. 45X.(a)(3)(A)	IN GENERAL. For purposes of this subsection, a taxpayer shall be treated as selling components to an unrelated person if such component is sold to such person by a person related to the taxpayer.
2762	421.14 - 421.14	[SEC. 13502.(a)] SEC. 45X.(a)(3)(B)	ELECTION.
2763	421.15 - 421.20	[SEC. 13502.(a)] SEC. 45X.(a)(3)(B)(i)	IN GENERAL. At the election of the taxpayer (in such form and manner as the Secretary may prescribe), a sale of components by such taxpayer to a related person shall be deemed to have been made to an unrelated person.
2764	421.21 - 422.3	[SEC. 13502.(a)] SEC. 45X.(a)(3)(B)(ii)	REQUIREMENT. As a condition of, and prior to, any election described in clause (i), the Secretary may require such information or registration as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper or excessive amount determined under paragraph (1).
2766	422.4 - 422.4	[SEC. 13502.(a)] SEC. 45X.(b)	CREDIT AMOUNT.
2767	422.5 - 422.8	[SEC. 13502.(a)] SEC. 45X.(b)(1)	IN GENERAL. Subject to paragraph (3), the amount determined under this subsection with respect to any eligible component, including any eligible component it incorporates, shall be equal to
2768	422.9 - 422.11	[SEC. 13502.(a)] SEC. 45X.(b)(1)(A)	in the case of a thin film photovoltaic cell or a crystalline photovoltaic cell, an amount equal to the product of
2769	422.12 - 422.12	[SEC. 13502.(a)] SEC. 45X.(b)(1)(A)(i)	4 cents, multiplied by
2770	422.13 - 422.14	[SEC. 13502.(a)] SEC. 45X.(b)(1)(A)(ii)	the capacity of such cell (expressed on a per direct current watt basis),
2771	422.15 - 422.16	[SEC. 13502.(a)] SEC. 45X.(b)(1)(B)	in the case of a photovoltaic wafer, $12 per square meter,
2772	422.17 - 422.18	[SEC. 13502.(a)] SEC. 45X.(b)(1)(C)	in the case of solar grade polysilicon, $3 per kilogram,
2773	422.19 - 422.20	[SEC. 13502.(a)] SEC. 45X.(b)(1)(D)	in the case of a polymeric backsheet, 40 cents per square meter,
2774	422.21 - 422.22	[SEC. 13502.(a)] SEC. 45X.(b)(1)(E)	in the case of a solar module, an amount equal to the product of
2775	422.23 - 422.23	[SEC. 13502.(a)] SEC. 45X.(b)(1)(E)(i)	7 cents, multiplied by
2776	422.24 - 422.25	[SEC. 13502.(a)] SEC. 45X.(b)(1)(E)(ii)	the capacity of such module (expressed on a per direct current watt basis),
2777	423.1 - 423.2	[SEC. 13502.(a)] SEC. 45X.(b)(1)(F)	in the case of a wind energy component
2778	423.3 - 423.5	[SEC. 13502.(a)] SEC. 45X.(b)(1)(F)(i)	if such component is a related offshore wind vessel, an amount equal to 10 percent of the sales price of such vessel, and
2779	423.6 - 423.8	[SEC. 13502.(a)] SEC. 45X.(b)(1)(F)(ii)	if such component is not described in clause (i), an amount equal to the product of
2780	423.9 - 423.12	[SEC. 13502.(a)] SEC. 45X.(b)(1)(F)(ii)(I)	the applicable amount with respect to such component (as determined under paragraph (2)(A)), multiplied by
2781	423.13 - 423.16	[SEC. 13502.(a)] SEC. 45X.(b)(1)(F)(ii)(II)	the total rated capacity (expressed on a per watt basis) of the completed wind turbine for which such component is designed,
2782	423.17 - 423.18	[SEC. 13502.(a)] SEC. 45X.(b)(1)(G)	in the case of a torque tube, 87 cents per kilogram,
2783	423.19 - 423.20	[SEC. 13502.(a)] SEC. 45X.(b)(1)(H)	in the case of a structural fastener, $2.28 per kilogram,
2784	423.21 - 423.22	[SEC. 13502.(a)] SEC. 45X.(b)(1)(I)	in the case of an inverter, an amount equal to the product of
2785	423.23 - 423.25	[SEC. 13502.(a)] SEC. 45X.(b)(1)(I)(i)	the applicable amount with respect to such inverter (as determined under paragraph (2)(B)), multiplied by
2786	424.1 - 424.3	[SEC. 13502.(a)] SEC. 45X.(b)(1)(I)(ii)	the capacity of such inverter (expressed on a per alternating current watt basis),
2787	424.4 - 424.7	[SEC. 13502.(a)] SEC. 45X.(b)(1)(J)	in the case of electrode active materials, an amount equal to 10 percent of the costs incurred by the taxpayer with respect to production of such materials,
2788	424.8 - 424.9	[SEC. 13502.(a)] SEC. 45X.(b)(1)(K)	in the case of a battery cell, an amount equal to the product of
2789	424.10 - 424.10	[SEC. 13502.(a)] SEC. 45X.(b)(1)(K)(i)	$35, multiplied by
2790	424.11 - 424.13	[SEC. 13502.(a)] SEC. 45X.(b)(1)(K)(ii)	subject to paragraph (4), the capacity of such battery cell (expressed on a kilowatt-hour basis),
2791	424.14 - 424.15	[SEC. 13502.(a)] SEC. 45X.(b)(1)(L)	in the case of a battery module, an amount equal to the product of
2792	424.16 - 424.18	[SEC. 13502.(a)] SEC. 45X.(b)(1)(L)(i)	$10 (or, in the case of a battery module which does not use battery cells, $45), multiplied by
2793	424.19 - 424.21	[SEC. 13502.(a)] SEC. 45X.(b)(1)(L)(ii)	subject to paragraph (4), the capacity of such battery module (expressed on a kilowatt-hour basis), and
2794	424.22 - 424.25	[SEC. 13502.(a)] SEC. 45X.(b)(1)(M)	in the case of any applicable critical mineral, an amount equal to 10 percent of the costs incurred by the taxpayer with respect to production of such mineral.
2795	425.1 - 425.1	[SEC. 13502.(a)] SEC. 45X.(b)(2)	APPLICABLE AMOUNTS.
2796	425.2 - 425.5	[SEC. 13502.(a)] SEC. 45X.(b)(2)(A)	WIND ENERGY COMPONENTS. For purposes of paragraph (1)(F)(ii), the applicable amount with respect to any wind energy component shall be
2797	425.6 - 425.6	[SEC. 13502.(a)] SEC. 45X.(b)(2)(A)(i)	in the case of a blade, 2 cents,
2798	425.7 - 425.7	[SEC. 13502.(a)] SEC. 45X.(b)(2)(A)(ii)	in the case of a nacelle, 5 cents,
2799	425.8 - 425.9	[SEC. 13502.(a)] SEC. 45X.(b)(2)(A)(iii)	in the case of a tower, 3 cents, and
2800	425.10 - 425.11	[SEC. 13502.(a)] SEC. 45X.(b)(2)(A)(iv)	in the case of an offshore wind foundation
2801	425.12 - 425.13	[SEC. 13502.(a)] SEC. 45X.(b)(2)(A)(iv)(I)	which uses a fixed platform, 2 cents, or
2802	425.14 - 425.15	[SEC. 13502.(a)] SEC. 45X.(b)(2)(A)(iv)(II)	which uses a floating platform, 4 cents.
2803	425.16 - 425.18	[SEC. 13502.(a)] SEC. 45X.(b)(2)(B)	INVERTERS. For purposes of paragraph (1)(I), the applicable amount with respect to any inverter shall be
2804	425.19 - 425.20	[SEC. 13502.(a)] SEC. 45X.(b)(2)(B)(i)	in the case of a central inverter, 0.25 cents,
2805	425.21 - 425.22	[SEC. 13502.(a)] SEC. 45X.(b)(2)(B)(ii)	in the case of a utility inverter, 1.5 cents,
2806	425.23 - 425.24	[SEC. 13502.(a)] SEC. 45X.(b)(2)(B)(iii)	in the case of a commercial inverter, 2 cents,
2807	426.1 - 426.2	[SEC. 13502.(a)] SEC. 45X.(b)(2)(B)(iv)	in the case of a residential inverter, 6.5 cents, and
2808	426.3 - 426.4	[SEC. 13502.(a)] SEC. 45X.(b)(2)(B)(v)	in the case of a microinverter or a distributed wind inverter, 11 cents.
2809	426.5 - 426.5	[SEC. 13502.(a)] SEC. 45X.(b)(3)	PHASE OUT.
2810	426.6 - 426.10	[SEC. 13502.(a)] SEC. 45X.(b)(3)(A)	IN GENERAL. Subject to subparagraph (C), in the case of any eligible component sold after December 31, 2029, the amount determined under this subsection with respect to such component shall be equal to the product of
2811	426.11 - 426.14	[SEC. 13502.(a)] SEC. 45X.(b)(3)(A)(i)	the amount determined under paragraph (1) with respect to such component, as determined without regard to this paragraph, multiplied by
2812	426.15 - 426.16	[SEC. 13502.(a)] SEC. 45X.(b)(3)(A)(ii)	the phase out percentage under subparagraph (B).
2813	426.17 - 426.19	[SEC. 13502.(a)] SEC. 45X.(b)(3)(B)	PHASE OUT PERCENTAGE. The phase out percentage under this subparagraph is equal to
2814	426.20 - 426.22	[SEC. 13502.(a)] SEC. 45X.(b)(3)(B)(i)	in the case of an eligible component sold during calendar year 2030, 75 percent,
2815	426.23 - 426.25	[SEC. 13502.(a)] SEC. 45X.(b)(3)(B)(ii)	in the case of an eligible component sold during calendar year 2031, 50 percent,
2816	427.1 - 427.3	[SEC. 13502.(a)] SEC. 45X.(b)(3)(B)(iii)	in the case of an eligible component sold during calendar year 2032, 25 percent,
2817	427.4 - 427.6	[SEC. 13502.(a)] SEC. 45X.(b)(3)(B)(iv)	in the case of an eligible component sold after December 31, 2032, 0 percent.
2818	427.7 - 427.10	[SEC. 13502.(a)] SEC. 45X.(b)(3)(C)	EXCEPTION. For purposes of determining the amount under this subsection with respect to any applicable critical mineral, this paragraph shall not apply.
2819	427.11 - 427.12	[SEC. 13502.(a)] SEC. 45X.(b)(4)	LIMITATION ON CAPACITY OF BATTERY CELLS AND BATTERY MODULES.
2820	427.13 - 427.18	[SEC. 13502.(a)] SEC. 45X.(b)(4)(A)	IN GENERAL. For purposes of subparagraph (K)(ii) or (L)(ii) of paragraph (1), the capacity determined under either subparagraph with respect to a battery cell or battery module shall not exceed a capacity-to-power ratio of 100:1.
2821	427.19 - 427.24	[SEC. 13502.(a)] SEC. 45X.(b)(4)(B)	CAPACITY-TO-POWER RATIO. For purposes of this paragraph, the term ‘capacity-topower ratio’ means, with respect to a battery cell or battery module, the ratio of the capacity of such cell or module to the maximum discharge amount of such cell or module.
2822	427.25 - 427.25	[SEC. 13502.(a)] SEC. 45X.(c)	DEFINITIONS. For purposes of this section
2823	428.1 - 428.1	[SEC. 13502.(a)] SEC. 45X.(c)(1)	ELIGIBLE COMPONENT.
2824	428.2 - 428.3	[SEC. 13502.(a)] SEC. 45X.(c)(1)(A)	IN GENERAL. The term ‘eligible component’ means
2825	428.4 - 428.4	[SEC. 13502.(a)] SEC. 45X.(c)(1)(A)(i)	any solar energy component,
2826	428.5 - 428.5	[SEC. 13502.(a)] SEC. 45X.(c)(1)(A)(ii)	any wind energy component,
2827	428.6 - 428.8	[SEC. 13502.(a)] SEC. 45X.(c)(1)(A)(iii)	any inverter described in subparagraphs (B) through (G) of paragraph (2),
2829	428.9 - 428.10	[SEC. 13502.(a)] SEC. 45X.(c)(1)(A)(iv)	any qualifying battery component, and
2830	428.11 - 428.11	[SEC. 13502.(a)] SEC. 45X.(c)(1)(A)(v)	any applicable critical mineral.
2831	428.12 - 428.18	[SEC. 13502.(a)] SEC. 45X.(c)(1)(B)	APPLICATION WITH OTHER CREDITS. The term ‘eligible component’ shall not include any property which is produced at a facility if the basis of any property which is part of such facility is taken into account for purposes of the credit allowed under section 48C after the date of the enactment of this section.
2832	428.19 - 428.19	[SEC. 13502.(a)] SEC. 45X.(c)(2)	INVERTERS.
2833	428.20 - 428.24	[SEC. 13502.(a)] SEC. 45X.(c)(2)(A)	IN GENERAL. The term ‘inverter’ means an end product which is suitable to convert direct current electricity from 1 or more solar modules or certified distributed wind energy systems into alternating current electricity.
2834	429.1 - 429.5	[SEC. 13502.(a)] SEC. 45X.(c)(2)(B)	CENTRAL INVERTER. The term ‘central inverter’ means an inverter which is suitable for large utility-scale systems and has a capacity which is greater than 1,000 kilowatts (expressed on a per alternating current watt basis).
2835	429.6 - 429.7	[SEC. 13502.(a)] SEC. 45X.(c)(2)(C)	COMMERCIAL INVERTER. The term ‘commercial inverter’ means an inverter which
2836	429.8 - 429.9	[SEC. 13502.(a)] SEC. 45X.(c)(2)(C)(i)	is suitable for commercial or utility-scale applications,
2837	429.10 - 429.11	[SEC. 13502.(a)] SEC. 45X.(c)(2)(C)(ii)	has a rated output of 208, 480, 600, or 800 volt three-phase power, and
2838	429.12 - 429.15	[SEC. 13502.(a)] SEC. 45X.(c)(2)(C)(iii)	has a capacity which is not less than 20 kilowatts and not greater than 125 kilowatts (expressed on a per alternating current watt basis).
2839	429.16 - 429.16	[SEC. 13502.(a)] SEC. 45X.(c)(2)(D)	DISTRIBUTED WIND INVERTER.
2840	429.17 - 429.19	[SEC. 13502.(a)] SEC. 45X.(c)(2)(D)(i)	IN GENERAL. The term ‘distributed wind inverter’ means an inverter which
2841	429.20 - 429.23	[SEC. 13502.(a)] SEC. 45X.(c)(2)(D)(i)(I)	is used in a residential or non-residential system which utilizes 1 or more certified distributed wind energy systems, and
2842	429.24 - 429.25	[SEC. 13502.(a)] SEC. 45X.(c)(2)(D)(i)(II)	has a rated output of not greater than 150 kilowatts.
2843	430.1 - 430.10	[SEC. 13502.(a)] SEC. 45X.(c)(2)(D)(ii)	CERTIFIED DISTRIBUTED WIND ENERGY SYSTEM. The term ‘certified distributed wind energy system’ means a wind energy system which is certified by an accredited certification agency to meet Standard 9.1-2009 of the American Wind Energy Association (including any subsequent revisions to or modifications of such Standard which have been approved by the American National Standards Institute).
2844	430.11 - 430.12	[SEC. 13502.(a)] SEC. 45X.(c)(2)(E)	MICROINVERTER. The term ‘microinverter’ means an inverter which
2845	430.13 - 430.14	[SEC. 13502.(a)] SEC. 45X.(c)(2)(E)(i)	is suitable to connect with one solar module,
2846	430.15 - 430.15	[SEC. 13502.(a)] SEC. 45X.(c)(2)(E)(ii)	has a rated output of
2847	430.16 - 430.17	[SEC. 13502.(a)] SEC. 45X.(c)(2)(E)(ii)(I)	120 or 240 volt single-phase power, or
2848	430.18 - 430.19	[SEC. 13502.(a)] SEC. 45X.(c)(2)(E)(ii)(II)	208 or 480 volt three-phase power, and
2849	430.20 - 430.22	[SEC. 13502.(a)] SEC. 45X.(c)(2)(E)(iii)	has a capacity which is not greater than 650 watts (expressed on a per alternating current watt basis).
2850	430.23 - 430.24	[SEC. 13502.(a)] SEC. 45X.(c)(2)(F)	RESIDENTIAL INVERTER. The term ‘residential inverter’ means an inverter which
2851	430.25 - 430.25	[SEC. 13502.(a)] SEC. 45X.(c)(2)(F)(i)	is suitable for a residence,
2852	431.1 - 431.2	[SEC. 13502.(a)] SEC. 45X.(c)(2)(F)(ii)	has a rated output of 120 or 240 volt single-phase power, and
2853	431.3 - 431.5	[SEC. 13502.(a)] SEC. 45X.(c)(2)(F)(iii)	has a capacity which is not greater than 20 kilowatts (expressed on a per alternating current watt basis).
2854	431.6 - 431.7	[SEC. 13502.(a)] SEC. 45X.(c)(2)(G)	UTILITY INVERTER. The term ‘utility inverter’ means an inverter which
2855	431.8 - 431.9	[SEC. 13502.(a)] SEC. 45X.(c)(2)(G)(i)	is suitable for commercial or utility-scale systems,
2856	431.10 - 431.11	[SEC. 13502.(a)] SEC. 45X.(c)(2)(G)(ii)	has a rated output of not less than 600 volt three-phase power, and
2857	431.12 - 431.15	[SEC. 13502.(a)] SEC. 45X.(c)(2)(G)(iii)	has a capacity which is greater than 125 kilowatts and not greater than 1000 kilowatts (expressed on a per alternating current watt basis)
2858	431.16 - 431.16	[SEC. 13502.(a)] SEC. 45X.(c)(3)	SOLAR ENERGY COMPONENT.
2859	431.17 - 431.18	[SEC. 13502.(a)] SEC. 45X.(c)(3)(A)	IN GENERAL. The term ‘solar energy component’ means any of the following:
2860	431.19 - 431.19	[SEC. 13502.(a)] SEC. 45X.(c)(3)(A)(i)	Solar modules.
2861	431.20 - 431.20	[SEC. 13502.(a)] SEC. 45X.(c)(3)(A)(ii)	Photovoltaic cells.
2862	431.21 - 431.21	[SEC. 13502.(a)] SEC. 45X.(c)(3)(A)(iii)	Photovoltaic wafers.
2863	431.22 - 431.22	[SEC. 13502.(a)] SEC. 45X.(c)(3)(A)(iv)	Solar grade polysilicon.
2864	431.23 - 431.24	[SEC. 13502.(a)] SEC. 45X.(c)(3)(A)(v)	Torque tubes or structural fasteners.
2865	431.25 - 431.25	[SEC. 13502.(a)] SEC. 45X.(c)(3)(A)(vi)	Polymeric backsheets.
2866	432.1 - 432.1	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)	ASSOCIATED DEFINITIONS.
2867	432.2 - 432.6	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(i)	PHOTOVOLTAIC CELL. The term ‘photovoltaic cell’ means the smallest semiconductor element of a solar module which performs the immediate conversion of light into electricity.
2868	432.7 - 432.10	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(ii)	PHOTOVOLTAIC WAFER. The term ‘photovoltaic wafer’ means a thin slice, sheet, or layer of semiconductor material of at least 240 square centimeters
2869	432.11 - 432.12	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(ii)(I)	produced by a single manufacturer either
2870	432.13 - 432.17	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(ii)(I)(aa)	directly from molten or evaporated solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer, or
2871	432.18 - 432.20	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(ii)(I)(bb)	through formation of an ingot from molten polysilicon and subsequent slicing, and
2872	432.21 - 432.23	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(ii)(II)	which comprises the substrate or absorber layer of one or more photovoltaic cells.
2873	432.24 - 433.4	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(iii)	POLYMERIC BACKSHEET. The term ‘polymeric backsheet’ means a sheet on the back of a solar module which acts as an electric insulator and protects the inner components of such module from the surrounding environment.
2874	433.5 - 433.7	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(iv)	SOLAR GRADE POLYSILICON. The term ‘solar grade polysilicon’ means silicon which is
2875	433.8 - 433.9	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(iv)(I)	suitable for use in photovoltaic manufacturing, and
2876	433.10 - 433.12	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(iv)(II)	purified to a minimum purity of 99.999999 percent silicon by mass.
2877	433.13 - 433.17	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(v)	SOLAR MODULE. The term ‘solar module’ means the connection and lamination of photovoltaic cells into an environmentally protected final assembly which is
2878	433.18 - 433.19	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(v)(I)	suitable to generate electricity when exposed to sunlight, and
2879	433.20 - 433.22	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(v)(II)	ready for installation without an additional manufacturing process.
2880	433.23 - 434.2	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vi)	SOLAR TRACKER. The term ‘solar tracker’ means a mechanical system that moves solar modules according to the position of the sun and to increase energy output.
2881	434.3 - 434.4	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)	SOLAR TRACKER COMPONENTS.
2882	434.5 - 434.8	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(I)	TORQUE TUBE. The term ‘torque tube’ means a structural steel support element (including longitudinal purlins) which
2883	434.9 - 434.10	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(I)(aa)	is part of a solar tracker,
2884	434.11 - 434.12	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(I)(bb)	is of any cross-sectional shape,
2885	434.13 - 434.15	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(I)(cc)	may be assembled from individually manufactured segments,
2886	434.16 - 434.17	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(I)(dd)	spans longitudinally between foundation posts,
2887	434.18 - 434.22	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(I)(ee)	supports solar panels and is connected to a mounting attachment for solar panels (with or without separate module interface rails), and
2888	434.23 - 434.24	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(I)(ff)	is rotated by means of a drive system.
2889	435.1 - 435.3	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(II)	STRUCTURAL FASTENER. The term ‘structural fastener’ means a component which is used
2890	435.4 - 435.7	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(II)(aa)	to connect the mechanical and drive system components of a solar tracker to the foundation of such solar tracker,
2891	435.8 - 435.9	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(II)(bb)	to connect torque tubes to drive assemblies, or
2892	435.10 - 435.11	[SEC. 13502.(a)] SEC. 45X.(c)(3)(B)(vii)(II)(cc)	to connect segments of torque tubes to one another.
2893	435.12 - 435.12	[SEC. 13502.(a)] SEC. 45X.(c)(4)	WIND ENERGY COMPONENT.
2894	435.13 - 435.14	[SEC. 13502.(a)] SEC. 45X.(c)(4)(A)	IN GENERAL. The term ‘wind energy component’ means any of the following:
2895	435.15 - 435.15	[SEC. 13502.(a)] SEC. 45X.(c)(4)(A)(i)	Blades.
2896	435.16 - 435.16	[SEC. 13502.(a)] SEC. 45X.(c)(4)(A)(ii)	Nacelles.
2897	435.17 - 435.17	[SEC. 13502.(a)] SEC. 45X.(c)(4)(A)(iii)	Towers.
2898	435.18 - 435.18	[SEC. 13502.(a)] SEC. 45X.(c)(4)(A)(iv)	Offshore wind foundations.
2899	435.19 - 435.19	[SEC. 13502.(a)] SEC. 45X.(c)(4)(A)(v)	Related offshore wind vessels.
2900	435.20 - 435.20	[SEC. 13502.(a)] SEC. 45X.(c)(4)(B)	ASSOCIATED DEFINITIONS.
2901	435.21 - 435.24	[SEC. 13502.(a)] SEC. 45X.(c)(4)(B)(i)	BLADE. The term ‘blade’ means an airfoil-shaped blade which is responsible for converting wind energy to low-speed rotational energy.
2902	436.1 - 436.6	[SEC. 13502.(a)] SEC. 45X.(c)(4)(B)(ii)	OFFSHORE WIND FOUNDATION. The term ‘offshore wind foundation’ means the component (including transition piece) which secures an offshore wind tower and any above-water turbine components to the seafloor using
2903	436.7 - 436.9	[SEC. 13502.(a)] SEC. 45X.(c)(4)(B)(ii)(I)	fixed platforms, such as offshore wind monopiles, jackets, or gravity-based foundations, or
2904	436.10 - 436.11	[SEC. 13502.(a)] SEC. 45X.(c)(4)(B)(ii)(II)	floating platforms and associated mooring systems.
2905	436.12 - 436.16	[SEC. 13502.(a)] SEC. 45X.(c)(4)(B)(iii)	"NACELLE. The term ‘nacelle’ means the assembly of the drivetrain and other tower-top components of a wind turbine (with the exception of the blades and the hub) within their cover housing."
2906	436.17 - 436.23	[SEC. 13502.(a)] SEC. 45X.(c)(4)(B)(iv)	RELATED OFFSHORE WIND VESSEL. The term ‘related offshore wind vessel’ means any vessel which is purpose-built or retrofitted for purposes of the development, transport, installation, operation, or maintenance of offshore wind energy components.
2907	436.24 - 437.2	[SEC. 13502.(a)] SEC. 45X.(c)(4)(B)(v)	TOWER. The term ‘tower’ means a tubular or lattice structure which supports the nacelle and rotor of a wind turbine.
2908	437.3 - 437.3	[SEC. 13502.(a)] SEC. 45X.(c)(5)	QUALIFYING BATTERY COMPONENT.
2909	437.4 - 437.5	[SEC. 13502.(a)] SEC. 45X.(c)(5)(A)	IN GENERAL. The term ‘qualifying battery component’ means any of the following:
2910	437.6 - 437.6	[SEC. 13502.(a)] SEC. 45X.(c)(5)(A)(i)	Electrode active materials.
2911	437.7 - 437.7	[SEC. 13502.(a)] SEC. 45X.(c)(5)(A)(ii)	Battery cells.
2912	437.8 - 437.8	[SEC. 13502.(a)] SEC. 45X.(c)(5)(A)(iii)	Battery modules.
2913	437.9 - 437.9	[SEC. 13502.(a)] SEC. 45X.(c)(5)(B)	ASSOCIATED DEFINITIONS.
2914	437.10 - 437.16	[SEC. 13502.(a)] SEC. 45X.(c)(5)(B)(i)	ELECTRODE ACTIVE MATERIAL. The term ‘electrode active material’ means cathode materials, anode materials, anode foils, and electrochemically active materials, including solvents, additives, and electrolyte salts that contribute to the electrochemical processes necessary for energy storage .
2915	437.17 - 437.18	[SEC. 13502.(a)] SEC. 45X.(c)(5)(B)(ii)	BATTERY CELL. The term ‘battery cell’ means an electrochemical cell
2916	437.19 - 437.21	[SEC. 13502.(a)] SEC. 45X.(c)(5)(B)(ii)(I)	comprised of 1 or more positive electrodes and 1 or more negative electrodes,
2917	437.22 - 437.24	[SEC. 13502.(a)] SEC. 45X.(c)(5)(B)(ii)(II)	with an energy density of not less than 100 watt-hours per liter, and
2918	438.1 - 438.2	[SEC. 13502.(a)] SEC. 45X.(c)(5)(B)(ii)(III)	capable of storing at least 12 watt-hours of energy.
2919	438.3 - 438.4	[SEC. 13502.(a)] SEC. 45X.(c)(5)(B)(iii)	BATTERY MODULE. The term ‘battery module’ means a module
2920	438.5 - 438.10	[SEC. 13502.(a)] SEC. 45X.(c)(5)(B)(iii)(I)(aa)	in the case of a module using battery cells, with 2 or more battery cells which are configured electrically, in series or parallel, to create voltage or current, as appropriate, to a specified end use, or
2921	438.11 - 438.11	[SEC. 13502.(a)] SEC. 45X.(c)(5)(B)(iii)(I)(bb)	with no battery cells, and
2922	438.12 - 438.16	[SEC. 13502.(a)] SEC. 45X.(c)(5)(B)(iii)(II)	with an aggregate capacity of not less than 7 kilowatt-hours (or, in the case of a module for a hydrogen fuel cell vehicle, not less than 1 kilowatt-hour).
2923	438.17 - 438.19	[SEC. 13502.(a)] SEC. 45X.(c)(6)	APPLICABLE CRITICAL MINERALS. The term ‘applicable critical mineral’ means any of the following:
2924	438.20 - 438.20	[SEC. 13502.(a)] SEC. 45X.(c)(6)(A)	ALUMINUM. Aluminum which is
2925	438.21 - 438.23	[SEC. 13502.(a)] SEC. 45X.(c)(6)(A)(i)	converted from bauxite to a minimum purity of 99 percent alumina by mass, or
2926	438.24 - 438.25	[SEC. 13502.(a)] SEC. 45X.(c)(6)(A)(ii)	purified to a minimum purity of 99.9 percent aluminum by mass.
2927	439.1 - 439.1	[SEC. 13502.(a)] SEC. 45X.(c)(6)(B)	ANTIMONY. Antimony which is
2928	439.2 - 439.4	[SEC. 13502.(a)] SEC. 45X.(c)(6)(B)(i)	converted to antimony trisulfide concentrate with a minimum purity of 90 percent antimony trisulfide by mass, or
2929	439.5 - 439.6	[SEC. 13502.(a)] SEC. 45X.(c)(6)(B)(ii)	purified to a minimum purity of 99.65 percent antimony by mass.
2930	439.7 - 439.9	[SEC. 13502.(a)] SEC. 45X.(c)(6)(C)	BARITE. Barite which is barium sulfate purified to a minimum purity of 80 percent barite by mass.
2931	439.10 - 439.10	[SEC. 13502.(a)] SEC. 45X.(c)(6)(D)	BERYLLIUM. Beryllium which is
2932	439.11 - 439.12	[SEC. 13502.(a)] SEC. 45X.(c)(6)(D)(i)	converted to copper-beryllium master alloy, or
2933	439.13 - 439.14	[SEC. 13502.(a)] SEC. 45X.(c)(6)(D)(ii)	purified to a minimum purity of 99 percent beryllium by mass.
2934	439.15 - 439.15	[SEC. 13502.(a)] SEC. 45X.(c)(6)(E)	CERIUM. Cerium which is
2935	439.16 - 439.18	[SEC. 13502.(a)] SEC. 45X.(c)(6)(E)(i)	converted to cerium oxide which is purified to a minimum purity of 99.9 percent cerium oxide by mass, or
2936	439.19 - 439.20	[SEC. 13502.(a)] SEC. 45X.(c)(6)(E)(ii)	purified to a minimum purity of 99 percent cerium by mass.
2937	439.21 - 439.21	[SEC. 13502.(a)] SEC. 45X.(c)(6)(F)	CESIUM. Cesium which is
2938	439.22 - 439.23	[SEC. 13502.(a)] SEC. 45X.(c)(6)(F)(i)	converted to cesium formate or cesium carbonate, or
2939	439.24 - 439.25	[SEC. 13502.(a)] SEC. 45X.(c)(6)(F)(ii)	purified to a minimum purity of 99 percent cesium by mass.
2940	440.1 - 440.1	[SEC. 13502.(a)] SEC. 45X.(c)(6)(G)	CHROMIUM. Chromium which is
2941	440.2 - 440.4	[SEC. 13502.(a)] SEC. 45X.(c)(6)(G)(i)	converted to ferrochromium consisting of not less than 60 percent chromium by mass, or
2942	440.5 - 440.6	[SEC. 13502.(a)] SEC. 45X.(c)(6)(G)(ii)	purified to a minimum purity of 99 percent chromium by mass.
2943	440.7 - 440.7	[SEC. 13502.(a)] SEC. 45X.(c)(6)(H)	COBALT. Cobalt which is
2944	440.8 - 440.8	[SEC. 13502.(a)] SEC. 45X.(c)(6)(H)(i)	converted to cobalt sulfate, or
2945	440.9 - 440.10	[SEC. 13502.(a)] SEC. 45X.(c)(6)(H)(ii)	purified to a minimum purity of 99.6 percent cobalt by mass.
2946	440.11 - 440.11	[SEC. 13502.(a)] SEC. 45X.(c)(6)(I)	DYSPROSIUM. Dysprosium which is
2947	440.12 - 440.13	[SEC. 13502.(a)] SEC. 45X.(c)(6)(I)(i)	converted to not less than 99 percent pure dysprosium iron alloy by mass, or
2948	440.14 - 440.15	[SEC. 13502.(a)] SEC. 45X.(c)(6)(I)(ii)	purified to a minimum purity of 99 percent dysprosium by mass.
2949	440.16 - 440.16	[SEC. 13502.(a)] SEC. 45X.(c)(6)(J)	EUROPIUM. Europium which is
2950	440.17 - 440.19	[SEC. 13502.(a)] SEC. 45X.(c)(6)(J)(i)	converted to europium oxide which is purified to a minimum purity of 99.9 percent europium oxide by mass, or
2951	440.20 - 440.21	[SEC. 13502.(a)] SEC. 45X.(c)(6)(J)(ii)	purified to a minimum purity of 99 percent by mass.
2952	440.22 - 440.22	[SEC. 13502.(a)] SEC. 45X.(c)(6)(K)	FLUORSPAR. Fluorspar which is
2953	440.23 - 440.25	[SEC. 13502.(a)] SEC. 45X.(c)(6)(K)(i)	converted to fluorspar which is purified to a minimum purity of 97 percent calcium fluoride by mass, or
2954	441.1 - 441.2	[SEC. 13502.(a)] SEC. 45X.(c)(6)(K)(ii)	purified to a minimum purity of 99 percent fluorspar by mass.
2955	441.3 - 441.4	[SEC. 13502.(a)] SEC. 45X.(c)(6)(L)	GADOLINIUM. Gadolinium which is
2956	441.5 - 441.7	[SEC. 13502.(a)] SEC. 45X.(c)(6)(L)(i)	converted to gadolinium oxide which is purified to a minimum purity of 99.9 percent gadolinium oxide by mass, or
2957	441.8 - 441.9	[SEC. 13502.(a)] SEC. 45X.(c)(6)(L)(ii)	purified to a minimum purity of 99 percent gadolinium by mass.
2958	441.10 - 441.11	[SEC. 13502.(a)] SEC. 45X.(c)(6)(M)	GERMANIUM. Germanium which is
2959	441.12 - 441.13	[SEC. 13502.(a)] SEC. 45X.(c)(6)(M)(i)	converted to germanium tetrachloride, or
2960	441.14 - 441.15	[SEC. 13502.(a)] SEC. 45X.(c)(6)(M)(ii)	purified to a minimum purity of 99.99 percent germanium by mass.
2961	441.16 - 441.18	[SEC. 13502.(a)] SEC. 45X.(c)(6)(N)	GRAPHITE. Graphite which is purified to a minimum purity of 99.9 percent graphitic carbon by mass.
2962	441.19 - 441.19	[SEC. 13502.(a)] SEC. 45X.(c)(6)(O)	INDIUM. Indium which is
2963	441.20 - 441.20	[SEC. 13502.(a)] SEC. 45X.(c)(6)(O)(i)	converted to
2964	441.21 - 441.21	[SEC. 13502.(a)] SEC. 45X.(c)(6)(O)(i)(I)	indium tin oxide, or
2965	441.22 - 441.24	[SEC. 13502.(a)] SEC. 45X.(c)(6)(O)(i)(II)	indium oxide which is purified to a minimum purity of 99.9 percent indium oxide by mass, or
2966	442.1 - 442.2	[SEC. 13502.(a)] SEC. 45X.(c)(6)(O)(ii)	purified to a minimum purity of 99 percent indium by mass.
2967	442.3 - 442.3	[SEC. 13502.(a)] SEC. 45X.(c)(6)(P)	LITHIUM. Lithium which is
2968	442.4 - 442.5	[SEC. 13502.(a)] SEC. 45X.(c)(6)(P)(i)	converted to lithium carbonate or lithium hydroxide, or
2969	442.6 - 442.7	[SEC. 13502.(a)] SEC. 45X.(c)(6)(P)(ii)	purified to a minimum purity of 99.9 percent lithium by mass.
2970	442.8 - 442.8	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Q)	MANGANESE. Manganese which is
2971	442.9 - 442.10	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Q)(i)	converted to manganese sulphate, or
2972	442.11 - 442.12	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Q)(ii)	purified to a minimum purity of 99.7 percent manganese by mass.
2973	442.13 - 442.13	[SEC. 13502.(a)] SEC. 45X.(c)(6)(R)	NEODYMIUM. Neodymium which is
2974	442.14 - 442.17	[SEC. 13502.(a)] SEC. 45X.(c)(6)(R)(i)	converted to neodymium-praseodymium oxide which is purified to a minimum purity of 99 percent neodymium-praseodymium oxide by mass,
2975	442.18 - 442.20	[SEC. 13502.(a)] SEC. 45X.(c)(6)(R)(ii)	converted to neodymium oxide which is purified to a minimum purity of 99.5 percent neodymium oxide by mass
2976	442.21 - 442.22	[SEC. 13502.(a)] SEC. 45X.(c)(6)(R)(iii)	purified to a minimum purity of 99.9 percent neodymium by mass.
2977	442.23 - 442.23	[SEC. 13502.(a)] SEC. 45X.(c)(6)(S)	NICKEL. Nickel which is
2978	442.24 - 442.24	[SEC. 13502.(a)] SEC. 45X.(c)(6)(S)(i)	converted to nickel sulphate, or
2979	443.1 - 443.2	[SEC. 13502.(a)] SEC. 45X.(c)(6)(S)(ii)	purified to a minimum purity of 99 percent nickel by mass.
2980	443.3 - 443.3	[SEC. 13502.(a)] SEC. 45X.(c)(6)(T)	NIOBIUM. Niobium which is
2981	443.4 - 443.4	[SEC. 13502.(a)] SEC. 45X.(c)(6)(T)(i)	converted to ferronibium, or
2982	443.5 - 443.6	[SEC. 13502.(a)] SEC. 45X.(c)(6)(T)(ii)	purified to a minimum purity of 99 percent niobium by mass.
2983	443.7 - 443.7	[SEC. 13502.(a)] SEC. 45X.(c)(6)(U)	TELLURIUM. Tellurium which is
2984	443.8 - 443.8	[SEC. 13502.(a)] SEC. 45X.(c)(6)(U)(i)	converted to cadmium telluride, or
2985	443.9 - 443.10	[SEC. 13502.(a)] SEC. 45X.(c)(6)(U)(ii)	purified to a minimum purity of 99 percent tellurium by mass.
2986	443.11 - 443.12	[SEC. 13502.(a)] SEC. 45X.(c)(6)(V)	TIN. Tin which is purified to low alpha emitting tin which
2987	443.13 - 443.14	[SEC. 13502.(a)] SEC. 45X.(c)(6)(V)(i)	has a purity of greater than 99.99 percent by mass, and
2988	443.15 - 443.17	[SEC. 13502.(a)] SEC. 45X.(c)(6)(V)(ii)	possesses an alpha emission rate of not greater than 0.01 counts per hour per centimeter square.
2989	443.18 - 443.20	[SEC. 13502.(a)] SEC. 45X.(c)(6)(W)	TUNGSTEN. Tungsten which is converted to ammonium paratungstate or ferrotungsten.
2990	443.21 - 443.22	[SEC. 13502.(a)] SEC. 45X.(c)(6)(X)	VANADIUM. Vanadium which is converted to ferrovanadium or vanadium pentoxide.
2991	443.23 - 443.23	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Y)	YTTRIUM. Yttrium which is
2992	444.1 - 444.3	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Y)(i)	converted to yttrium oxide which is purified to a minimum purity of 99.999 percent yttrium oxide by mass, or
2993	444.4 - 444.5	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Y)(ii)	purified to a minimum purity of 99.9 percent yttrium by mass.
2994	444.6 - 444.9	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)	OTHER MINERALS. Any of the following minerals, provided that such mineral is purified to a minimum purity of 99 percent by mass:
2995	444.10 - 444.10	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(i)	Arsenic.
2996	444.11 - 444.11	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(ii)	Bismuth.
2997	444.12 - 444.12	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(iii)	Erbium.
2998	444.13 - 444.13	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(iv)	Gallium.
2999	444.14 - 444.14	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(v)	Hafnium.
3000	444.15 - 444.15	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(vi)	Holmium.
3001	444.16 - 444.16	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(vii)	Iridium.
3002	444.17 - 444.17	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(viii)	Lanthanum.
3003	444.18 - 444.18	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(ix)	Lutetium.
3004	444.19 - 444.19	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(x)	Magnesium.
3005	444.20 - 444.20	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xi)	Palladium.
3006	444.21 - 444.21	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xii)	Platinum.
3007	444.22 - 444.22	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xiii)	Praseodymium.
3008	444.23 - 444.23	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xiv)	Rhodium.
3009	444.24 - 444.24	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xv)	Rubidium.
3010	444.25 - 444.25	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xvi)	Ruthenium.
3011	445.1 - 445.1	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xvii)	Samarium.
3012	445.2 - 445.2	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xviii)	Scandium.
3013	445.3 - 445.3	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xix)	Tantalum.
3014	445.4 - 445.4	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xx)	Terbium.
3015	445.5 - 445.5	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xxi)	Thulium.
3016	445.6 - 445.6	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xxii)	Titanium.
3017	445.7 - 445.7	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xxiii)	Ytterbium.
3018	445.8 - 445.8	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xxiv)	Zinc.
3019	445.9 - 445.9	[SEC. 13502.(a)] SEC. 45X.(c)(6)(Z)(xxv)	Zirconium.
3020	445.10 - 445.10	[SEC. 13502.(a)] SEC. 45X.(d)	SPECIAL RULES. In this section
3021	445.11 - 445.14	[SEC. 13502.(a)] SEC. 45X.(d)(1)	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).
3022	445.15 - 445.18	[SEC. 13502.(a)] SEC. 45X.(d)(2)	ONLY PRODUCTION IN THE UNITED STATES TAKEN INTO ACCOUNT. Sales shall be taken into account under this section only with respect to eligible components the production of which is within
3023	445.19 - 445.20	[SEC. 13502.(a)] SEC. 45X.(d)(2)(A)	the United States (within the meaning of section 638(1)), or
3024	445.21 - 445.22	[SEC. 13502.(a)] SEC. 45X.(d)(2)(B)	a possession of the United States (within the meaning of section 638(2)).
3025	445.23 - 446.2	[SEC. 13502.(a)] SEC. 45X.(d)(3)	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.
3026	446.3 - 446.8	[SEC. 13502.(a)] SEC. 45X.(d)(4)	SALE OF INTEGRATED COMPONENTS. For purposes of this section, a person shall be treated as having sold an eligible component to an unrelated person if such component is integrated, incorporated, or assembled into another eligible component which is sold to an unrelated person.’’.
3027	446.9 - 446.9	SEC. 13502.(b)	CONFORMING AMENDMENTS.
3028	446.10 - 446.12	SEC. 13502.(b)(1)	Section 38(b) of the Internal Revenue Code of 1986, as amended by the preceding provisions of this Act, is amended
3029	446.13 - 446.14	SEC. 13502.(b)(1)(A)	in paragraph (36), by striking ‘‘plus’’ at the end,
3030	446.15 - 446.16	SEC. 13502.(b)(1)(B)	in paragraph (37), by striking the period at the end and inserting ‘‘, plus’’, and
3031	446.17 - 446.18	SEC. 13502.(b)(1)(C)	by adding at the end the following new paragraph:
3032	446.19 - 446.20	[SEC. 13502.(b)(1)(C)] (38)	the advanced manufacturing production credit determined under section 45X(a).’’.
3033	446.21 - 446.24	SEC. 13502.(b)(2)	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:
3034	447.1 - 447.3	SEC. 13502.(c)	EFFECTIVE DATE. The amendments made by this section shall apply to components produced and sold after December 31, 2022.
3035	447.4 - 447.4	TITLE I Subtitle D PART 6	SUPERFUND
3036	447.5 - 447.5	TITLE I Subtitle D PART 6 SEC. 13601.	REINSTATEMENT OF SUPERFUND.
3037	447.6 - 447.7	SEC. 13601.(a)	HAZARDOUS SUBSTANCE SUPERFUND FINANCING RATE.
3038	447.8 - 447.9	SEC. 13601.(a)(1)	EXTENSION. Section 4611 is amended by striking subsection (e).
3039	447.10 - 447.10	SEC. 13601.(a)(2)	ADJUSTMENT FOR INFLATION.
3040	447.11 - 447.12	SEC. 13601.(a)(2)(A)	Section 4611(c)(2)(A) is amended by striking ‘‘9.7 cents’’ and inserting ‘‘16.4 cents’’.
3041	447.13 - 447.14	SEC. 13601.(a)(2)(B)	Section 4611(c) is amended by adding at the end the following:
3042	447.15 - 447.15	[SEC. 13601.(a)(2)(B)] (3)	ADJUSTMENT FOR INFLATION.
3043	447.16 - 447.19	[SEC. 13601.(a)(2)(B)] (3)(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
3045	447.20 - 447.20	[SEC. 13601.(a)(2)(B)] (3)(A)(i)	such amount, multiplied by
3046	447.21 - 447.25	[SEC. 13601.(a)(2)(B)] (3)(A)(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.
3047	448.1 - 448.4	[SEC. 13601.(a)(2)(B)] (3)(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.’’.
3048	448.5 - 448.7	SEC. 13601.(b)	AUTHORITY FOR ADVANCES. Section 9507(d)(3)(B) is amended by striking ‘‘December 31, 1995’’ and inserting ‘‘December 31, 2032’’.
3049	448.8 - 448.9	SEC. 13601.(c)	EFFECTIVE DATE. The amendments made by this section shall take effect on January 1, 2023.
3050	448.10 - 448.11	TITLE I Subtitle D PART 7	INCENTIVES FOR CLEAN ELECTRICITY AND CLEAN TRANSPORTATION
3051	448.12 - 448.12	TITLE I Subtitle D PART 7 SEC. 13701.	CLEAN ELECTRICITY PRODUCTION CREDIT.
3052	448.13 - 448.16	SEC. 13701.(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:
3053	448.17 - 448.17	[SEC. 13701.(a)] SEC. 45Y.	CLEAN ELECTRICITY PRODUCTION CREDIT.
3054	448.18 - 448.18	[SEC. 13701.(a)] SEC. 45Y.(a)	AMOUNT OF CREDIT.
3055	448.19 - 448.21	[SEC. 13701.(a)] SEC. 45Y.(a)(1)	IN GENERAL. For purposes of section 38, the clean electricity production credit for any taxable year is an amount equal to the product of
3056	448.22 - 448.22	[SEC. 13701.(a)] SEC. 45Y.(a)(1)(A)	the kilowatt hours of electricity
3057	448.23 - 448.24	[SEC. 13701.(a)] SEC. 45Y.(a)(1)(A)(i)	produced by the taxpayer at a qualified facility, and
3058	449.1 - 449.2	[SEC. 13701.(a)] SEC. 45Y.(a)(1)(A)(ii)(I)	sold by the taxpayer to an unrelated person during the taxable year, or
3059	449.3 - 449.8	[SEC. 13701.(a)] SEC. 45Y.(a)(1)(A)(ii)(II)	in the case of a qualified facility which is equipped with a metering device which is owned and operated by an unrelated person, sold, consumed, or stored by the taxpayer during the taxable year, multiplied by
3060	449.9 - 449.10	[SEC. 13701.(a)] SEC. 45Y.(a)(1)(B)	the applicable amount with respect to such qualified facility.
3061	449.11 - 449.11	[SEC. 13701.(a)] SEC. 45Y.(a)(2)	APPLICABLE AMOUNT.
3062	449.12 - 449.17	[SEC. 13701.(a)] SEC. 45Y.(a)(2)(A)	BASE AMOUNT. Subject to subsection (g)(7), in the case of any qualified facility which is not described in clause (i) or (ii) of subparagraph (B) and does not satisfy the requirements described in clause (iii) of such subparagraph, the applicable amount shall be 0.3 cents.
3064	449.18 - 449.20	[SEC. 13701.(a)] SEC. 45Y.(a)(2)(B)	ALTERNATIVE AMOUNT. Subject to subsection (g)(7), in the case of any qualified facility
3065	449.21 - 449.23	[SEC. 13701.(a)] SEC. 45Y.(a)(2)(B)(i)	with a maximum net output of less than 1 megawatt (as measured in alternating current),
3066	449.24 - 450.3	[SEC. 13701.(a)] SEC. 45Y.(a)(2)(B)(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 (9) and (10) of subsection (g), or
3067	450.4 - 450.4	[SEC. 13701.(a)] SEC. 45Y.(a)(2)(B)(iii)	which
3068	450.5 - 450.7	[SEC. 13701.(a)] SEC. 45Y.(a)(2)(B)(iii)(I)	satisfies the requirements under paragraph (9) of subsection (g), and
3069	450.8 - 450.12	[SEC. 13701.(a)] SEC. 45Y.(a)(2)(B)(iii)(II)	with respect to the construction of such facility, satisfies the requirements under paragraph (10) of subsection (g), the applicable amount shall be 1.5 cents.
3070	450.13 - 450.13	[SEC. 13701.(a)] SEC. 45Y.(b)	QUALIFIED FACILITY.
3071	450.14 - 450.14	[SEC. 13701.(a)] SEC. 45Y.(b)(1)	IN GENERAL.
3072	450.15 - 450.17	[SEC. 13701.(a)] SEC. 45Y.(b)(1)(A)	DEFINITION. Subject to subparagraphs (B), (C), and (D), the term ‘qualified facility’ means a facility owned by the taxpayer
3073	450.18 - 450.19	[SEC. 13701.(a)] SEC. 45Y.(b)(1)(A)(i)	which is used for the generation of electricity,
3074	450.20 - 450.21	[SEC. 13701.(a)] SEC. 45Y.(b)(1)(A)(ii)	which is placed in service after December 31, 2024, and
3075	450.22 - 450.24	[SEC. 13701.(a)] SEC. 45Y.(b)(1)(A)(iii)	for which the greenhouse gas emissions rate (as determined under paragraph (2)) is not greater than zero.
3076	451.1 - 451.5	[SEC. 13701.(a)] SEC. 45Y.(b)(1)(B)	10-YEAR PRODUCTION CREDIT. For purposes of this section, a facility shall only be treated as a qualified facility during the 10-year period beginning on the date the facility was originally placed in service.
3077	451.6 - 451.14	[SEC. 13701.(a)] SEC. 45Y.(b)(1)(C)	EXPANSION OF FACILITY; INCREMENTAL PRODUCTION. The term ‘qualified facility’ shall include either of the following in connection with a facility described in subparagraph (A) (without regard to clause (ii) of such subparagraph) which was placed in service before January 1, 2025, but only to the extent of the increased amount of electricity produced at the facility by reason of the following:
3078	451.15 - 451.16	[SEC. 13701.(a)] SEC. 45Y.(b)(1)(C)(i)	A new unit which is placed in service after December 31, 2024.
3079	451.17 - 451.19	[SEC. 13701.(a)] SEC. 45Y.(b)(1)(C)(ii)	Any additions of capacity which are placed in service after December 31, 2024.
3080	451.20 - 451.25	[SEC. 13701.(a)] SEC. 45Y.(b)(1)(D)	COORDINATION WITH OTHER CREDITS. The term ‘qualified facility’ shall not include any facility for which a credit determined under section 45, 45J, 45Q, 45U, 48, 48A, or 48E is allowed under section 38 for the taxable year or any prior taxable year.
3081	452.1 - 452.1	[SEC. 13701.(a)] SEC. 45Y.(b)(2)	GREENHOUSE GAS EMISSIONS RATE.
3082	452.2 - 452.7	[SEC. 13701.(a)] SEC. 45Y.(b)(2)(A)	IN GENERAL. For purposes of this section, the term ‘greenhouse gas emissions rate’ means the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity, expressed as grams of CO2e per KWh.
3083	452.8 - 452.18	[SEC. 13701.(a)] SEC. 45Y.(b)(2)(B)	FUEL COMBUSTION AND GASIFICATION. In the case of a facility which produces electricity through combustion or gasification, the greenhouse gas emissions rate for such facility shall be equal to the net rate of greenhouse gases emitted into the atmosphere by such facility (taking into account 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))) in the production of electricity, expressed as grams of CO2e per KWh.
3084	452.19 - 452.20	[SEC. 13701.(a)] SEC. 45Y.(b)(2)(C)	ESTABLISHMENT OF EMISSIONS RATES FOR FACILITIES.
3085	452.21 - 453.2	[SEC. 13701.(a)] SEC. 45Y.(b)(2)(C)(i)	PUBLISHING EMISSIONS RATES. The Secretary shall annually publish a table that sets forth the greenhouse gas emissions rates for types or categories of facilities, which a taxpayer shall use for purposes of this section.
3086	453.3 - 453.9	[SEC. 13701.(a)] SEC. 45Y.(b)(2)(C)(ii)	PROVISIONAL EMISSIONS RATE. In the case of any facility for which an emissions rate has not been established by the Secretary, a taxpayer which owns such facility may file a petition with the Secretary for determination of the emissions rate with respect to such facility.
3087	453.10 - 453.16	[SEC. 13701.(a)] SEC. 45Y.(b)(2)(D)	CARBON CAPTURE AND SEQUESTRATION EQUIPMENT. For purposes of this subsection, the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity shall not include any qualified carbon dioxide that is captured by the taxpayer and
3088	453.17 - 453.20	[SEC. 13701.(a)] SEC. 45Y.(b)(2)(D)(i)	pursuant to any regulations established under paragraph (2) of section 45Q(f), disposed of by the taxpayer in secure geological storage, or
3089	453.21 - 453.23	[SEC. 13701.(a)] SEC. 45Y.(b)(2)(D)(ii)	utilized by the taxpayer in a manner described in paragraph (5) of such section.
3090	453.24 - 453.24	[SEC. 13701.(a)] SEC. 45Y.(c)	INFLATION ADJUSTMENT.
3091	454.1 - 454.14	[SEC. 13701.(a)] SEC. 45Y.(c)(1)	IN GENERAL. In the case of a calendar year beginning after 2024, the 0.3 cent amount in paragraph (2)(A) of subsection (a) and the 1.5 cent amount in paragraph (2)(B) of such subsection shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale, consumption, or storage of the electricity 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 1.5 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.
3092	454.15 - 454.19	[SEC. 13701.(a)] SEC. 45Y.(c)(2)	ANNUAL COMPUTATION. The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor for such calendar year in accordance with this subsection.
3093	454.20 - 455.5	[SEC. 13701.(a)] SEC. 45Y.(c)(3)	INFLATION ADJUSTMENT FACTOR. The term ‘inflation adjustment factor’ means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for the calendar year 1992. The term ‘GDP implicit price deflator’ means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year.
3094	455.6 - 455.6	[SEC. 13701.(a)] SEC. 45Y.(d)	CREDIT PHASE-OUT.
3095	455.7 - 455.11	[SEC. 13701.(a)] SEC. 45Y.(d)(1)	IN GENERAL. The amount of the clean electricity production credit under subsection (a) for any qualified facility the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of
3096	455.12 - 455.14	[SEC. 13701.(a)] SEC. 45Y.(d)(1)(A)	the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by
3097	455.15 - 455.16	[SEC. 13701.(a)] SEC. 45Y.(d)(1)(B)	the phase-out percentage under paragraph (2).
3098	455.17 - 455.18	[SEC. 13701.(a)] SEC. 45Y.(d)(2)	PHASE-OUT PERCENTAGE. The phase-out percentage under this paragraph is equal to
3099	455.19 - 455.21	[SEC. 13701.(a)] SEC. 45Y.(d)(2)(A)	for a facility the construction of which begins during the first calendar year following the applicable year, 100 percent,
3100	455.22 - 455.24	[SEC. 13701.(a)] SEC. 45Y.(d)(2)(B)	for a facility the construction of which begins during the second calendar year following the applicable year, 75 percent,
3101	456.1 - 456.3	[SEC. 13701.(a)] SEC. 45Y.(d)(2)(C)	for a facility the construction of which begins during the third calendar year following the applicable year, 50 percent, and
3102	456.4 - 456.7	[SEC. 13701.(a)] SEC. 45Y.(d)(2)(D)	for a facility the construction of which begins during any calendar year subsequent to the calendar year described in subparagraph (C), 0 percent.
3103	456.8 - 456.10	[SEC. 13701.(a)] SEC. 45Y.(d)(3)	APPLICABLE YEAR. For purposes of this subsection, the term ‘applicable year’ means the later of
3104	456.11 - 456.17	[SEC. 13701.(a)] SEC. 45Y.(d)(3)(A)	the calendar year in which the Secretary determines that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2022, or
3105	456.18 - 456.18	[SEC. 13701.(a)] SEC. 45Y.(d)(3)(B)	2032.
3106	456.19 - 456.19	[SEC. 13701.(a)] SEC. 45Y.(e)	DEFINITIONS. For purposes of this section:
3107	456.20 - 456.24	[SEC. 13701.(a)] SEC. 45Y.(e)(1)	CO2e PER KWh. The term ‘CO2e per KWh’ means, with respect to any greenhouse gas, the equivalent carbon dioxide (as determined based on global warming potential) per kilowatt hour of electricity produced.
3108	457.1 - 457.5	[SEC. 13701.(a)] SEC. 45Y.(e)(2)	GREENHOUSE GAS. The term ‘greenhouse gas’ has the same meaning given such 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.
3109	457.6 - 457.8	[SEC. 13701.(a)] SEC. 45Y.(e)(3)	QUALIFIED CARBON DIOXIDE. The term ‘qualified carbon dioxide’ means carbon dioxide captured from an industrial source which
3110	457.9 - 457.11	[SEC. 13701.(a)] SEC. 45Y.(e)(3)(A)	would otherwise be released into the atmosphere as industrial emission of greenhouse gas,
3111	457.12 - 457.14	[SEC. 13701.(a)] SEC. 45Y.(e)(3)(B)	is measured at the source of capture and verified at the point of disposal or utilization, and
3112	457.15 - 457.18	[SEC. 13701.(a)] SEC. 45Y.(e)(3)(C)	is captured and disposed or utilized within the United States (within the meaning of section 638(1)) or a possession of the United States (within the meaning of section 638(2)).
3113	457.19 - 457.23	[SEC. 13701.(a)] SEC. 45Y.(f)	GUIDANCE. Not later than January 1, 2025, the Secretary shall issue guidance regarding implementation of this section, including calculation of greenhouse gas emission rates for qualified facilities and determination of clean electricity production credits under this section.
3114	457.24 - 457.24	[SEC. 13701.(a)] SEC. 45Y.(g)	SPECIAL RULES.
3115	458.1 - 458.5	[SEC. 13701.(a)] SEC. 45Y.(g)(1)	ONLY PRODUCTION IN THE UNITED STATES TAKEN INTO ACCOUNT. Consumption, sales, or storage shall be taken into account under this section only with respect to electricity the production of which is within
3116	458.6 - 458.7	[SEC. 13701.(a)] SEC. 45Y.(g)(1)(A)	the United States (within the meaning of section 638(1)), or
3117	458.8 - 458.9	[SEC. 13701.(a)] SEC. 45Y.(g)(1)(B)	a possession of the United States (within the meaning of section 638(2)).
3118	458.10 - 458.11	[SEC. 13701.(a)] SEC. 45Y.(g)(2)	COMBINED HEAT AND POWER SYSTEM PROPERTY.
3119	458.12 - 458.13	[SEC. 13701.(a)] SEC. 45Y.(g)(2)(A)	IN GENERAL. For purposes of subsection (a)
3120	458.14 - 458.19	[SEC. 13701.(a)] SEC. 45Y.(g)(2)(A)(i)	the kilowatt hours of electricity produced by a taxpayer at a qualified facility shall include any production in the form of useful thermal energy by any combined heat and power system property within such facility, and
3121	458.20 - 458.25	[SEC. 13701.(a)] SEC. 45Y.(g)(2)(A)(ii)	the amount of greenhouse gases emitted into the atmosphere by such facility in the production of such useful thermal energy shall be included for purposes of determining the greenhouse gas emissions rate for such facility.
3122	459.1 - 459.6	[SEC. 13701.(a)] SEC. 45Y.(g)(2)(B)	COMBINED HEAT AND POWER SYSTEM PROPERTY. For purposes of this paragraph, the term ‘combined heat and power system property’ has the same meaning given such term by section 48(c)(3) (without regard to subparagraphs (A)(iv), (B), and (D) thereof).
3124	459.7 - 459.7	[SEC. 13701.(a)] SEC. 45Y.(g)(2)(C)	CONVERSION FROM BTU TO KWH.
3125	459.8 - 459.12	[SEC. 13701.(a)] SEC. 45Y.(g)(2)(C)(i)	IN GENERAL. For purposes of subparagraph (A)(i), the amount of kilowatt hours of electricity produced in the form of useful thermal energy shall be equal to the quotient of
3126	459.13 - 459.16	[SEC. 13701.(a)] SEC. 45Y.(g)(2)(C)(i)(I)	the total useful thermal energy produced by the combined heat and power system property within the qualified facility, divided by
3127	459.17 - 459.18	[SEC. 13701.(a)] SEC. 45Y.(g)(2)(C)(i)(II)	the heat rate for such facility.
3128	459.19 - 459.24	[SEC. 13701.(a)] SEC. 45Y.(g)(2)(C)(ii)	HEAT RATE. For purposes of this subparagraph, the term ‘heat rate’ means the amount of energy used by the qualified facility to generate 1 kilowatt hour of electricity, expressed as British thermal units per net kilowatt hour generated.
3129	460.1 - 460.8	[SEC. 13701.(a)] SEC. 45Y.(g)(3)	PRODUCTION ATTRIBUTABLE TO THE TAXPAYER. In the case of a qualified 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.
3130	460.9 - 460.17	[SEC. 13701.(a)] SEC. 45Y.(g)(4)	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 electricity to an unrelated person if such electricity is sold to such a person by another member of such group.
3131	460.18 - 460.21	[SEC. 13701.(a)] SEC. 45Y.(g)(5)	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.
3132	460.22 - 460.23	[SEC. 13701.(a)] SEC. 45Y.(g)(6)	ALLOCATION OF CREDIT TO PATRONS OF AGRICULTURAL COOPERATIVE.
3133	460.24 - 460.24	[SEC. 13701.(a)] SEC. 45Y.(g)(6)(A)	ELECTION TO ALLOCATE.
3134	461.1 - 461.8	[SEC. 13701.(a)] SEC. 45Y.(g)(6)(A)(i)	IN GENERAL. In the case of an eligible cooperative organization, any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year.
3135	461.9 - 461.18	[SEC. 13701.(a)] SEC. 45Y.(g)(6)(A)(ii)	FORM AND EFFECT OF ELECTION. An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d).
3136	461.19 - 461.21	[SEC. 13701.(a)] SEC. 45Y.(g)(6)(B)	TREATMENT OF ORGANIZATIONS AND PATRONS. The amount of the credit apportioned to any patrons under subparagraph (A)
3137	461.22 - 461.25	[SEC. 13701.(a)] SEC. 45Y.(g)(6)(B)(i)	shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and
3138	462.1 - 462.10	[SEC. 13701.(a)] SEC. 45Y.(g)(6)(B)(ii)	shall be included in the amount determined under subsection (a) for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment.
3139	462.11 - 462.17	[SEC. 13701.(a)] SEC. 45Y.(g)(6)(C)	SPECIAL RULES FOR DECREASE IN CREDITS FOR TAXABLE YEAR. If the amount of the credit of a cooperative organization determined under subsection (a) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of
3140	462.18 - 462.18	[SEC. 13701.(a)] SEC. 45Y.(g)(6)(C)(i)	such reduction, over
3141	462.19 - 463.2	[SEC. 13701.(a)] SEC. 45Y.(g)(6)(C)(ii)	the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter.
3142	463.3 - 463.11	[SEC. 13701.(a)] SEC. 45Y.(g)(6)(D)	ELIGIBLE COOPERATIVE DEFINED. For purposes of this section, the term ‘eligible cooperative’ means a cooperative organization described in section 1381(a) which is owned more than 50 percent by agricultural producers or by entities owned by agricultural producers. For this purpose an entity owned by an agricultural producer is one that is more than 50 percent owned by agricultural producers.
3143	463.12 - 463.21	[SEC. 13701.(a)] SEC. 45Y.(g)(7)	INCREASE IN CREDIT IN ENERGY COMMUNITIES. In the case of any qualified facility which is located in an energy community (as defined in section 45(b)(11)(B)), for purposes of determining the amount of the credit under subsection (a) with respect to any electricity produced by the taxpayer at such facility during the taxable year, the applicable amount under paragraph (2) of such subsection shall be increased by an amount equal to 10 percent of the amount otherwise in effect under such paragraph.
3144	463.22 - 463.24	[SEC. 13701.(a)] SEC. 45Y.(g)(8)	CREDIT REDUCED FOR TAX-EXEMPT BONDS. Rules similar to the rules of section 45(b)(3) shall apply.
3145	464.1 - 464.2	[SEC. 13701.(a)] SEC. 45Y.(g)(9)	WAGE REQUIREMENTS. Rules similar to the rules of section 45(b)(7) shall apply.
3146	464.3 - 464.4	[SEC. 13701.(a)] SEC. 45Y.(g)(10)	APPRENTICESHIP REQUIREMENTS. Rules similar to the rules of section 45(b)(8) shall apply.
3147	464.5 - 464.6	[SEC. 13701.(a)] SEC. 45Y.(g)(11)	DOMESTIC CONTENT BONUS CREDIT AMOUNT.
3148	464.7 - 464.13	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(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) shall be increased by an amount equal to 10 percent of the amount so determined (as determined without application of paragraph (7)).
3149	464.14 - 464.14	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(B)	REQUIREMENT.
3150	464.15 - 464.25	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(B)(i)	IN GENERAL. The requirement described in this subclause 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).
3151	465.1 - 465.4	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(B)(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.
3152	465.5 - 465.17	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(B)(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.
3153	465.18 - 465.18	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)	ADJUSTED PERCENTAGE.
3154	465.19 - 465.21	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(i)	IN GENERAL. Subject to subclause (ii), for purposes of subparagraph (B)(iii), the adjusted percentage shall be
3156	465.22 - 465.24	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(i)(I)	in the case of a facility the construction of which begins before January 1, 2025, 40 percent,
3157	466.1 - 466.4	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(i)(II)	in the case of a facility the construction of which begins after December 31, 2024, and before January 1, 2026, 45 percent,
3158	466.5 - 466.8	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(i)(III)	in the case of a facility the construction of which begins after December 31, 2025, and before January 1, 2027, 50 percent, and
3159	466.9 - 466.11	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(i)(IV)	in the case of a facility the construction of which begins after December 31, 2026, 55 percent.
3160	466.12 - 466.16	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(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
3161	466.17 - 466.19	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(ii)(I)	in the case of a facility the construction of which begins before January 1, 2025, 20 percent,
3162	466.20 - 466.23	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(ii)(II)	in the case of a facility the construction of which begins after December 31, 2024, and before January 1, 2026, 27.5 percent,
3163	466.24 - 467.2	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(ii)(III)	in the case of a facility the construction of which begins after December 31, 2025, and before January 1, 2027, 35 percent,
3164	467.3 - 467.6	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(ii)(IV)	in the case of a facility the construction of which begins after December 31, 2026, and before January 1, 2028, 45 percent, and
3165	467.7 - 467.9	[SEC. 13701.(a)] SEC. 45Y.(g)(11)(C)(ii)(V)	in the case of a facility the construction of which begins after December 31, 2027, 55 percent.
3166	467.10 - 467.10	[SEC. 13701.(a)] SEC. 45Y.(g)(12)	PHASEOUT FOR ELECTIVE PAYMENT.
3167	467.11 - 467.14	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(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
3168	467.15 - 467.17	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(A)(i)	the value of such credit (determined without regard to this paragraph), multiplied by
3169	467.18 - 467.18	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(A)(ii)	the applicable percentage.
3170	467.19 - 467.21	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(B)	100 PERCENT APPLICABLE PERCENTAGE FOR CERTAIN QUALIFIED FACILITIES. In the case of any qualified facility
3171	467.22 - 467.23	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(B)(i)	which satisfies the requirements under paragraph (11)(B), or
3172	468.1 - 468.4	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(B)(ii)	with a maximum net output of less than 1 megawatt (as measured in alternating current), the applicable percentage shall be 100 percent.
3173	468.5 - 468.9	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(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
3174	468.10 - 468.11	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(C)(i)	if construction of such facility began before January 1, 2024, 100 percent,
3175	468.12 - 468.13	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(C)(ii)	if construction of such facility began in calendar year 2024, 90 percent,
3176	468.14 - 468.16	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(C)(iii)	if construction of such facility began in calendar year 2025, 85 percent, and
3177	468.17 - 468.18	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(C)(iv)	if construction of such facility began after December 31, 2025, 0 percent.
3178	468.19 - 468.19	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(D)	EXCEPTION.
3179	468.20 - 468.23	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(D)(i)	IN GENERAL. For purposes of this paragraph, the Secretary shall provide exceptions to the requirements under this paragraph if
3180	468.24 - 469.4	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(D)(i)(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
3181	469.5 - 469.9	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(D)(i)(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.
3182	469.10 - 469.13	[SEC. 13701.(a)] SEC. 45Y.(g)(12)(D)(ii)	APPLICABLE PERCENTAGE. In any case in which the Secretary provides an exception pursuant to clause (i), the applicable percentage shall be 100 percent.’’.
3183	469.14 - 469.14	SEC. 13701.(b)	CONFORMING AMENDMENTS.
3184	469.15 - 469.16	SEC. 13701.(b)(1)	Section 38(b), as amended by the preceding provisions of this Act, is amended
3185	469.17 - 469.18	SEC. 13701.(b)(1)(A)	in paragraph (37), by striking ‘‘plus’’ at the end,
3186	469.19 - 469.20	SEC. 13701.(b)(1)(B)	in paragraph (38), by striking the period at the end and inserting ‘‘, plus’’, and
3187	469.21 - 469.22	SEC. 13701.(b)(1)(C)	by adding at the end the following new paragraph:
3188	469.23 - 469.24	[SEC. 13701.(b)(1)(C)] (39)	the clean electricity production credit determined under section 45Y(a).’’.
3189	470.1 - 470.4	SEC. 13701.(b)(2)	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:
3190	470.5 - 470.7	SEC. 13701.(c)	EFFECTIVE DATE. The amendments made by this section shall apply to facilities placed in service after December 31, 2024.
3191	470.8 - 470.8	TITLE I Subtitle D PART 7 SEC. 13702.	CLEAN ELECTRICITY INVESTMENT CREDIT.
3192	470.9 - 470.12	SEC. 13702.(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:
3193	470.13 - 470.13	[SEC. 13702.(a)] SEC. 48E.	CLEAN ELECTRICITY INVESTMENT CREDIT.
3194	470.14 - 470.15	[SEC. 13702.(a)] SEC. 48E.(a)	INVESTMENT CREDIT FOR QUALIFIED PROPERTY.
3195	470.16 - 470.20	[SEC. 13702.(a)] SEC. 48E.(a)(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
3196	470.21 - 470.21	[SEC. 13702.(a)] SEC. 48E.(a)(1)(A)	any qualified facility, and
3197	470.22 - 470.22	[SEC. 13702.(a)] SEC. 48E.(a)(1)(B)	any energy storage technology.
3198	470.23 - 470.23	[SEC. 13702.(a)] SEC. 48E.(a)(2)	APPLICABLE PERCENTAGE.
3199	470.24 - 470.25	[SEC. 13702.(a)] SEC. 48E.(a)(2)(A)	QUALIFIED FACILITIES. Subject to paragraph (3)
3200	471.1 - 471.6	[SEC. 13702.(a)] SEC. 48E.(a)(2)(A)(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.
3201	471.7 - 471.8	[SEC. 13702.(a)] SEC. 48E.(a)(2)(A)(ii)	ALTERNATIVE RATE. In the case of any qualified facility
3202	471.9 - 471.11	[SEC. 13702.(a)] SEC. 48E.(a)(2)(A)(ii)(I)	with a maximum net output of less than 1 megawatt (as measured in alternating current),
3203	471.12 - 471.17	[SEC. 13702.(a)] SEC. 48E.(a)(2)(A)(ii)(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
3205	471.18 - 471.18	[SEC. 13702.(a)] SEC. 48E.(a)(2)(A)(ii)(III)	which
3206	471.19 - 471.20	[SEC. 13702.(a)] SEC. 48E.(a)(2)(A)(ii)(III)(aa)	satisfies the requirements of subsection (d)(3), and
3207	471.21 - 472.2	[SEC. 13702.(a)] SEC. 48E.(a)(2)(A)(ii)(III)(bb)	with respect to the construction of such facility, satisfies the requirements of subsection (d)(4), the applicable percentage shall be 30 percent.
3209	472.3 - 472.4	[SEC. 13702.(a)] SEC. 48E.(a)(2)(B)	ENERGY STORAGE TECHNOLOGY. Subject to paragraph (3)
3210	472.5 - 472.10	[SEC. 13702.(a)] SEC. 48E.(a)(2)(B)(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.
3211	472.11 - 472.12	[SEC. 13702.(a)] SEC. 48E.(a)(2)(B)(ii)	ALTERNATIVE RATE. In the case of any energy storage technology
3212	472.13 - 472.14	[SEC. 13702.(a)] SEC. 48E.(a)(2)(B)(ii)(I)	with a capacity of less than 1 megawatt,
3213	472.15 - 472.20	[SEC. 13702.(a)] SEC. 48E.(a)(2)(B)(ii)(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
3215	472.21 - 472.21	[SEC. 13702.(a)] SEC. 48E.(a)(2)(B)(ii)(III)	which
3216	472.22 - 472.23	[SEC. 13702.(a)] SEC. 48E.(a)(2)(B)(ii)(III)(aa)	satisfies the requirements of subsection (d)(3), and
3217	472.24 - 473.4	[SEC. 13702.(a)] SEC. 48E.(a)(2)(B)(ii)(III)(bb)	with respect to the construction of such property, satisfies the requirements of subsection (d)(4), the applicable percentage shall be 30 percent.
3219	473.5 - 473.6	[SEC. 13702.(a)] SEC. 48E.(a)(3)	INCREASE IN CREDIT RATE IN CERTAIN CASES.
3220	473.7 - 473.7	[SEC. 13702.(a)] SEC. 48E.(a)(3)(A)	ENERGY COMMUNITIES.
3221	473.8 - 473.17	[SEC. 13702.(a)] SEC. 48E.(a)(3)(A)(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.
3222	473.18 - 473.21	[SEC. 13702.(a)] SEC. 48E.(a)(3)(A)(ii)	APPLICABLE CREDIT RATE INCREASE. For purposes of clause (i), the applicable credit rate increase shall be an amount equal to
3223	473.22 - 474.2	[SEC. 13702.(a)] SEC. 48E.(a)(3)(A)(ii)(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
3226	474.3 - 474.8	[SEC. 13702.(a)] SEC. 48E.(a)(3)(A)(ii)(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.
3228	474.9 - 474.10	[SEC. 13702.(a)] SEC. 48E.(a)(3)(B)	DOMESTIC CONTENT. Rules similar to the rules of section 48(a)(12) shall apply.
3229	474.11 - 474.12	[SEC. 13702.(a)] SEC. 48E.(b)	QUALIFIED INVESTMENT WITH RESPECT TO A QUALIFIED FACILITY.
3230	474.13 - 474.15	[SEC. 13702.(a)] SEC. 48E.(b)(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
3232	474.16 - 474.19	[SEC. 13702.(a)] SEC. 48E.(b)(1)(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
3233	474.20 - 474.21	[SEC. 13702.(a)] SEC. 48E.(b)(1)(B)	the amount of any expenditures which are
3234	474.22 - 474.23	[SEC. 13702.(a)] SEC. 48E.(b)(1)(B)(i)	paid or incurred by the taxpayer for qualified interconnection property
3235	474.24 - 475.3	[SEC. 13702.(a)] SEC. 48E.(b)(1)(B)(i)(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
3236	475.4 - 475.5	[SEC. 13702.(a)] SEC. 48E.(b)(1)(B)(i)(II)	placed in service during the taxable year of the taxpayer, and
3237	475.6 - 475.7	[SEC. 13702.(a)] SEC. 48E.(b)(1)(B)(ii)	properly chargeable to capital account of the taxpayer.
3238	475.8 - 475.10	[SEC. 13702.(a)] SEC. 48E.(b)(2)	QUALIFIED PROPERTY. For purposes of this section, the term ‘qualified property’ means property
3239	475.11 - 475.11	[SEC. 13702.(a)] SEC. 48E.(b)(2)(A)	which is
3240	475.12 - 475.12	[SEC. 13702.(a)] SEC. 48E.(b)(2)(A)(i)	tangible personal property, or
3241	475.13 - 475.16	[SEC. 13702.(a)] SEC. 48E.(b)(2)(A)(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,
3242	475.17 - 475.19	[SEC. 13702.(a)] SEC. 48E.(b)(2)(B)	with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and
3243	475.20 - 475.22	[SEC. 13702.(a)] SEC. 48E.(b)(2)(C)(i)	the construction, reconstruction, or erection of which is completed by the taxpayer, or
3244	475.23 - 475.25	[SEC. 13702.(a)] SEC. 48E.(b)(2)(C)(ii)	which is acquired by the taxpayer if the original use of such property commences with the taxpayer.
3245	476.1 - 476.1	[SEC. 13702.(a)] SEC. 48E.(b)(3)	QUALIFIED FACILITY.
3246	476.2 - 476.4	[SEC. 13702.(a)] SEC. 48E.(b)(3)(A)	IN GENERAL. For purposes of this section, the term ‘qualified facility’ means a facility
3247	476.5 - 476.6	[SEC. 13702.(a)] SEC. 48E.(b)(3)(A)(i)	which is used for the generation of electricity,
3248	476.7 - 476.8	[SEC. 13702.(a)] SEC. 48E.(b)(3)(A)(ii)	which is placed in service after December 31, 2024, and
3249	476.9 - 476.12	[SEC. 13702.(a)] SEC. 48E.(b)(3)(A)(iii)	for which the anticipated greenhouse gas emissions rate (as determined under subparagraph (B)(ii)) is not greater than zero.
3250	476.13 - 476.13	[SEC. 13702.(a)] SEC. 48E.(b)(3)(B)	ADDITIONAL RULES.
3251	476.14 - 476.17	[SEC. 13702.(a)] SEC. 48E.(b)(3)(B)(i)	EXPANSION OF FACILITY; INCREMENTAL PRODUCTION. Rules similar to the rules of section 45Y(b)(1)(C) shall apply for purposes of this paragraph.
3252	476.18 - 476.21	[SEC. 13702.(a)] SEC. 48E.(b)(3)(B)(ii)	GREENHOUSE GAS EMISSIONS RATE. Rules similar to the rules of section 45Y(b)(2) shall apply for purposes of this paragraph.
3253	476.22 - 476.23	[SEC. 13702.(a)] SEC. 48E.(b)(3)(C)	EXCLUSION. The term ‘qualified facility’ shall not include any facility for which
3254	476.24 - 476.25	[SEC. 13702.(a)] SEC. 48E.(b)(3)(C)(i)	a renewable electricity production credit determined under section 45,
3255	477.1 - 477.3	[SEC. 13702.(a)] SEC. 48E.(b)(3)(C)(ii)	an advanced nuclear power facility production credit determined under section 45J,
3256	477.4 - 477.5	[SEC. 13702.(a)] SEC. 48E.(b)(3)(C)(iii)	a carbon oxide sequestration credit determined under section 45Q,
3257	477.6 - 477.8	[SEC. 13702.(a)] SEC. 48E.(b)(3)(C)(iv)	a zero-emission nuclear power production credit determined under section 45U,
3258	477.9 - 477.10	[SEC. 13702.(a)] SEC. 48E.(b)(3)(C)(v)	a clean electricity production credit determined under section 45Y,
3259	477.11 - 477.12	[SEC. 13702.(a)] SEC. 48E.(b)(3)(C)(vi)	an energy credit determined under section 48, or
3260	477.13 - 477.16	[SEC. 13702.(a)] SEC. 48E.(b)(3)(C)(vii)	a qualifying advanced coal project credit under section 48A, is allowed under section 38 for the taxable year or any prior taxable year.
3261	477.17 - 477.20	[SEC. 13702.(a)] SEC. 48E.(b)(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).
3262	477.21 - 478.2	[SEC. 13702.(a)] SEC. 48E.(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)).
3263	478.3 - 478.6	[SEC. 13702.(a)] SEC. 48E.(b)(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.
3264	478.7 - 478.8	[SEC. 13702.(a)] SEC. 48E.(c)	QUALIFIED INVESTMENT WITH RESPECT TO ENERGY STORAGE TECHNOLOGY.
3265	478.9 - 478.13	[SEC. 13702.(a)] SEC. 48E.(c)(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.
3266	478.14 - 478.18	[SEC. 13702.(a)] SEC. 48E.(c)(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).
3267	478.19 - 478.19	[SEC. 13702.(a)] SEC. 48E.(d)	SPECIAL RULES.
3268	478.20 - 478.25	[SEC. 13702.(a)] SEC. 48E.(d)(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).
3269	479.1 - 479.4	[SEC. 13702.(a)] SEC. 48E.(d)(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.
3270	479.5 - 479.6	[SEC. 13702.(a)] SEC. 48E.(d)(3)	PREVAILING WAGE REQUIREMENTS. Rules similar to the rules of section 48(a)(10) shall apply.
3271	479.7 - 479.8	[SEC. 13702.(a)] SEC. 48E.(d)(4)	APPRENTICESHIP REQUIREMENTS. Rules similar to the rules of section 45(b)(8) shall apply.
3272	479.9 - 479.13	[SEC. 13702.(a)] SEC. 48E.(d)(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.
3273	479.14 - 479.14	[SEC. 13702.(a)] SEC. 48E.(e)	CREDIT PHASE-OUT.
3274	479.15 - 479.20	[SEC. 13702.(a)] SEC. 48E.(e)(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
3275	479.21 - 479.23	[SEC. 13702.(a)] SEC. 48E.(e)(1)(A)	the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by
3276	479.24 - 479.25	[SEC. 13702.(a)] SEC. 48E.(e)(1)(B)	the phase-out percentage under paragraph (2).
3277	480.1 - 480.2	[SEC. 13702.(a)] SEC. 48E.(e)(2)	PHASE-OUT PERCENTAGE. The phase-out percentage under this paragraph is equal to
3278	480.3 - 480.7	[SEC. 13702.(a)] SEC. 48E.(e)(2)(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,
3279	480.8 - 480.12	[SEC. 13702.(a)] SEC. 48E.(e)(2)(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,
3280	480.13 - 480.17	[SEC. 13702.(a)] SEC. 48E.(e)(2)(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
3281	480.18 - 480.22	[SEC. 13702.(a)] SEC. 48E.(e)(2)(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.
3282	480.23 - 480.25	[SEC. 13702.(a)] SEC. 48E.(e)(3)	APPLICABLE YEAR. For purposes of this subsection, the term ‘applicable year’ has the same meaning given such term in section 45Y(d)(3).
3283	481.1 - 481.3	[SEC. 13702.(a)] SEC. 48E.(f)	GREENHOUSE GAS. In this section, the term ‘greenhouse gas’ has the same meaning given such term under section 45Y(e)(2).
3284	481.4 - 481.10	[SEC. 13702.(a)] SEC. 48E.(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 CO2e 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.
3285	481.11 - 481.13	[SEC. 13702.(a)] SEC. 48E.(h)	SPECIAL RULES FOR CERTAIN FACILITIES PLACED IN SERVICE IN CONNECTION WITH LOW-INCOME COMMUNITIES.
3286	481.14 - 481.17	[SEC. 13702.(a)] SEC. 48E.(h)(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)
3287	481.18 - 481.21	[SEC. 13702.(a)] SEC. 48E.(h)(1)(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
3288	481.22 - 481.25	[SEC. 13702.(a)] SEC. 48E.(h)(1)(A)(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
3289	482.1 - 482.3	[SEC. 13702.(a)] SEC. 48E.(h)(1)(A)(ii)	in the case of a facility described in subclause (II) of paragraph (2)(A)(iii), 20 percentage points, and
3290	482.4 - 482.10	[SEC. 13702.(a)] SEC. 48E.(h)(1)(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
3291	482.11 - 482.13	[SEC. 13702.(a)] SEC. 48E.(h)(1)(B)(i)	the environmental justice capacity limitation allocated to such facility, bears to
3292	482.14 - 482.16	[SEC. 13702.(a)] SEC. 48E.(h)(1)(B)(ii)	the total megawatt nameplate capacity of such facility, as measured in direct current.
3293	482.17 - 482.18	[SEC. 13702.(a)] SEC. 48E.(h)(2)	APPLICABLE FACILITY. For purposes of this subsection
3294	482.19 - 482.20	[SEC. 13702.(a)] SEC. 48E.(h)(2)(A)	IN GENERAL. The term ‘applicable facility’ means any qualified facility
3295	482.21 - 482.22	[SEC. 13702.(a)] SEC. 48E.(h)(2)(A)(i)	which is not described in section 45Y(b)(2)(B),
3296	482.23 - 482.25	[SEC. 13702.(a)] SEC. 48E.(h)(2)(A)(ii)	which has a maximum net output of less than 5 megawatts (as measured in alternating current), and
3297	483.1 - 483.1	[SEC. 13702.(a)] SEC. 48E.(h)(2)(A)(iii)	which
3298	483.2 - 483.6	[SEC. 13702.(a)] SEC. 48E.(h)(2)(A)(iii)(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
3299	483.7 - 483.10	[SEC. 13702.(a)] SEC. 48E.(h)(2)(A)(iii)(II)	is part of a qualified low-income residential building project or a qualified low-income economic benefit project.
3300	483.11 - 483.14	[SEC. 13702.(a)] SEC. 48E.(h)(2)(B)	QUALIFIED LOW-INCOME RESIDENTIAL BUILDING PROJECT. A facility shall be treated as part of a qualified low-income residential building project if
3301	483.15 - 484.4	[SEC. 13702.(a)] SEC. 48E.(h)(2)(B)(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
3302	484.5 - 484.8	[SEC. 13702.(a)] SEC. 48E.(h)(2)(B)(ii)	the financial benefits of the electricity produced by such facility are allocated equitably among the occupants of the dwelling units of such building.
3303	484.9 - 484.14	[SEC. 13702.(a)] SEC. 48E.(h)(2)(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
3304	484.15 - 484.18	[SEC. 13702.(a)] SEC. 48E.(h)(2)(C)(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
3305	484.19 - 484.21	[SEC. 13702.(a)] SEC. 48E.(h)(2)(C)(ii)	less than 80 percent of area median gross income (as determined under section 142(d)(2)(B)).
3306	484.22 - 484.25	[SEC. 13702.(a)] SEC. 48E.(h)(2)(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.
3307	485.1 - 485.4	[SEC. 13702.(a)] SEC. 48E.(h)(3)	ELIGIBLE PROPERTY. For purposes of this subsection, the term ‘eligible property’ means a qualified investment with respect to any applicable facility.
3308	485.5 - 485.5	[SEC. 13702.(a)] SEC. 48E.(h)(4)	ALLOCATIONS.
3309	485.6 - 485.16	[SEC. 13702.(a)] SEC. 48E.(h)(4)(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.
3310	485.17 - 485.21	[SEC. 13702.(a)] SEC. 48E.(h)(4)(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.
3311	485.22 - 486.4	[SEC. 13702.(a)] SEC. 48E.(h)(4)(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.
3312	486.5 - 486.6	[SEC. 13702.(a)] SEC. 48E.(h)(4)(D)	CARRYOVER OF UNUSED LIMITATION.
3313	486.7 - 486.16	[SEC. 13702.(a)] SEC. 48E.(h)(4)(D)(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)).
3314	486.17 - 487.2	[SEC. 13702.(a)] SEC. 48E.(h)(4)(D)(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.
3315	487.3 - 487.3	[SEC. 13702.(a)] SEC. 48E.(h)(4)(E)	PLACED IN SERVICE DEADLINE.
3316	487.4 - 487.9	[SEC. 13702.(a)] SEC. 48E.(h)(4)(E)(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.
3317	487.10 - 487.18	[SEC. 13702.(a)] SEC. 48E.(h)(4)(E)(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.
3319	487.19 - 488.11	[SEC. 13702.(a)] SEC. 48E.(h)(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.
3320	488.12 - 488.14	[SEC. 13702.(a)] SEC. 48E.(i)	GUIDANCE. Not later than January 1, 2025, the Secretary shall issue guidance regarding implementation of this section.’’.
3321	488.15 - 488.15	SEC. 13702.(b)	CONFORMING AMENDMENTS.
3322	488.16 - 488.17	SEC. 13702.(b)(1)	Section 46, as amended by section 107(d) of the CHIPS Act of 2022, is amended
3323	488.18 - 488.19	SEC. 13702.(b)(1)(A)	in paragraph (5), by striking ‘‘and’’ at the end,
3324	488.20 - 488.21	SEC. 13702.(b)(1)(B)	in paragraph (6), by striking the period at the end and inserting ‘‘, and’’, and
3325	488.22 - 488.22	SEC. 13702.(b)(1)(C)	by adding at the end the following:
3326	488.23 - 488.23	[SEC. 13702.(b)(1)(C)] (7)	the clean electricity investment credit.’’.
3327	488.24 - 488.25	SEC. 13702.(b)(2)	Section 49(a)(1)(C), as amended by section 107(d) of the CHIPS Act of 2022, is amended
3328	489.1 - 489.2	SEC. 13702.(b)(2)(A)	by striking ‘‘and’’ at the end of clause (v),
3330	489.3 - 489.4	SEC. 13702.(b)(2)(B)	by striking the period at the end of clause (vi) and inserting a comma, and
3331	489.5 - 489.6	SEC. 13702.(b)(2)(C)	by adding at the end the following new clauses:
3332	489.7 - 489.9	[SEC. 13702.(b)(2)(C)] (vii)	the basis of any qualified property which is part of a qualified facility under section 48E, and
3333	489.10 - 489.11	[SEC. 13702.(b)(2)(C)] (viii)	the basis of any energy storage technology under section 48E.’’.
3334	489.12 - 489.15	SEC. 13702.(b)(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)’’.
3335	489.16 - 489.18	SEC. 13702.(b)(4)	Section 50(c)(3) is amended by inserting ‘‘or clean electricity investment credit’’ after ‘‘In the case of any energy credit’’.
3336	489.19 - 489.23	SEC. 13702.(b)(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:
3337	490.1 - 490.3	SEC. 13702.(c)	EFFECTIVE DATE. The amendments made by this section shall apply to property placed in service after December 31, 2024.
3338	490.4 - 490.6	TITLE I Subtitle D PART 7 SEC. 13703.	COST RECOVERY FOR QUALIFIED FACILITIES, QUALIFIED PROPERTY, AND ENERGY STORAGE TECHNOLOGY.
3339	490.7 - 490.7	SEC. 13703.(a)	IN GENERAL. Section 168(e)(3)(B) is amended
3340	490.8 - 490.9	SEC. 13703.(a)(1)	in clause (vi)(III), by striking ‘‘and’’ at the end,
3341	490.10 - 490.11	SEC. 13703.(a)(2)	in clause (vii), by striking the period at the end and inserting ‘‘, and’’, and
3342	490.12 - 490.12	SEC. 13703.(a)(3)	by inserting after clause (vii) the following:
3343	490.13 - 490.20	[SEC. 13703.(a)(3)] (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).’’.
3345	490.21 - 490.23	SEC. 13703.(b)	EFFECTIVE DATE. The amendments made by this section shall apply to facilities and property placed in service after December 31, 2024.
3346	491.1 - 491.1	TITLE I Subtitle D PART 7 SEC. 13704.	CLEAN FUEL PRODUCTION CREDIT.
3347	491.2 - 491.5	SEC. 13704.(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:
3348	491.6 - 491.6	[SEC. 13704.(a)] SEC. 45Z.	CLEAN FUEL PRODUCTION CREDIT.
3349	491.7 - 491.7	[SEC. 13704.(a)] SEC. 45Z.(a)	AMOUNT OF CREDIT.
3350	491.8 - 491.10	[SEC. 13704.(a)] SEC. 45Z.(a)(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
3351	491.11 - 491.13	[SEC. 13704.(a)] SEC. 45Z.(a)(1)(A)	the applicable amount per gallon (or gallon equivalent) with respect to any transportation fuel which is
3352	491.14 - 491.15	[SEC. 13704.(a)] SEC. 45Z.(a)(1)(A)(i)	produced by the taxpayer at a qualified facility, and
3353	491.16 - 491.18	[SEC. 13704.(a)] SEC. 45Z.(a)(1)(A)(ii)	sold by the taxpayer in a manner described in paragraph (4) during the taxable year, and
3354	491.19 - 491.20	[SEC. 13704.(a)] SEC. 45Z.(a)(1)(B)	the emissions factor for such fuel (as determined under subsection (b)).
3355	491.21 - 491.21	[SEC. 13704.(a)] SEC. 45Z.(a)(2)	APPLICABLE AMOUNT.
3356	491.22 - 491.26	[SEC. 13704.(a)] SEC. 45Z.(a)(2)(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.
3357	492.1 - 492.5	[SEC. 13704.(a)] SEC. 45Z.(a)(2)(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.
3358	492.6 - 492.7	[SEC. 13704.(a)] SEC. 45Z.(a)(3)	SPECIAL RATE FOR SUSTAINABLE AVIATION FUEL.
3359	492.8 - 492.10	[SEC. 13704.(a)] SEC. 45Z.(a)(3)(A)	IN GENERAL. In the case of a transportation fuel which is sustainable aviation fuel, paragraph (2) shall be applied
3360	492.11 - 492.14	[SEC. 13704.(a)] SEC. 45Z.(a)(3)(A)(i)	in the case of fuel produced at a qualified facility described in paragraph (2)(A), by substituting ‘35 cents’ for ‘20 cents’, and
3362	492.15 - 492.17	[SEC. 13704.(a)] SEC. 45Z.(a)(3)(A)(ii)	in the case of fuel produced at a qualified facility described in paragraph (2)(B), by substituting ‘$1.75’ for ‘$1.00’.
3364	492.18 - 492.22	[SEC. 13704.(a)] SEC. 45Z.(a)(3)(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
3365	492.23 - 492.23	[SEC. 13704.(a)] SEC. 45Z.(a)(3)(B)(i)	meets the requirements of
3366	492.24 - 492.25	[SEC. 13704.(a)] SEC. 45Z.(a)(3)(B)(i)(I)	ASTM International Standard D7566, or
3367	493.1 - 493.3	[SEC. 13704.(a)] SEC. 45Z.(a)(3)(B)(i)(II)	the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1, and
3368	493.4 - 493.5	[SEC. 13704.(a)] SEC. 45Z.(a)(3)(B)(ii)	is not derived from palm fatty acid distillates or petroleum.
3369	493.6 - 493.9	[SEC. 13704.(a)] SEC. 45Z.(a)(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
3370	493.10 - 493.11	[SEC. 13704.(a)] SEC. 45Z.(a)(4)(A)	for use by such person in the production of a fuel mixture,
3371	493.12 - 493.13	[SEC. 13704.(a)] SEC. 45Z.(a)(4)(B)	for use by such person in a trade or business, or
3372	493.14 - 493.16	[SEC. 13704.(a)] SEC. 45Z.(a)(4)(C)	who sells such fuel at retail to another person and places such fuel in the fuel tank of such other person.
3373	493.17 - 493.19	[SEC. 13704.(a)] SEC. 45Z.(a)(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.
3374	493.20 - 493.20	[SEC. 13704.(a)] SEC. 45Z.(b)	EMISSIONS FACTORS.
3375	493.21 - 493.21	[SEC. 13704.(a)] SEC. 45Z.(b)(1)	EMISSIONS FACTOR.
3376	493.22 - 493.22	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(A)	CALCULATION.
3377	493.23 - 493.25	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(A)(i)	IN GENERAL. The emissions factor of a transportation fuel shall be an amount equal to the quotient of
3378	494.1 - 494.1	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(A)(i)(I)	an amount equal to
3379	494.2 - 494.3	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(A)(i)(I)(aa)	50 kilograms of CO2e per mmBTU, minus
3380	494.4 - 494.5	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(A)(i)(I)(bb)	the emissions rate for such fuel, divided by
3381	494.6 - 494.7	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(A)(i)(II)	50 kilograms of CO2e per mmBTU.
3382	494.8 - 494.9	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(B)	ESTABLISHMENT OF EMISSIONS RATE.
3383	494.10 - 494.21	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(B)(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 CO2e per mmBTU, which a taxpayer shall use for purposes of this section.
3385	494.22 - 495.6	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(B)(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).
3386	495.7 - 495.11	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(B)(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
3387	495.12 - 495.17	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(B)(iii)(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
3388	495.18 - 495.23	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(B)(iii)(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.
3389	495.24 - 495.24	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(C)	ROUNDING OF EMISSIONS RATE.
3390	496.1 - 496.5	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(C)(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 CO2e per mmBTU.
3392	496.6 - 496.10	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(C)(ii)	EXCEPTION. In the case of an emissions rate that is between 2.5 kilograms of CO2e per mmBTU and -2.5 kilograms of CO2e per mmBTU, the Secretary may round such rate to zero.
3393	496.11 - 496.17	[SEC. 13704.(a)] SEC. 45Z.(b)(1)(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.
3394	496.18 - 496.21	[SEC. 13704.(a)] SEC. 45Z.(b)(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.
3395	496.22 - 496.22	[SEC. 13704.(a)] SEC. 45Z.(c)	INFLATION ADJUSTMENT.
3396	496.23 - 497.9	[SEC. 13704.(a)] SEC. 45Z.(c)(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.
3400	497.10 - 497.16	[SEC. 13704.(a)] SEC. 45Z.(c)(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.
3401	497.17 - 497.17	[SEC. 13704.(a)] SEC. 45Z.(d)	DEFINITIONS. In this section:
3402	497.18 - 497.19	[SEC. 13704.(a)] SEC. 45Z.(d)(1)	mmBTU. The term ‘mmBTU’ means 1,000,000 British thermal units.
3403	497.20 - 497.23	[SEC. 13704.(a)] SEC. 45Z.(d)(2)	CO2e. The term ‘CO2e’ means, with respect to any greenhouse gas, the equivalent carbon dioxide (as determined based on relative global warming potential).
3404	497.24 - 498.3	[SEC. 13704.(a)] SEC. 45Z.(d)(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.
3405	498.4 - 498.5	[SEC. 13704.(a)] SEC. 45Z.(d)(4)	QUALIFIED FACILITY. The term ‘qualified facility’
3406	498.6 - 498.7	[SEC. 13704.(a)] SEC. 45Z.(d)(4)(A)	means a facility used for the production of transportation fuels, and
3407	498.8 - 498.10	[SEC. 13704.(a)] SEC. 45Z.(d)(4)(B)	does not include any facility for which one of the following credits is allowed under section 38 for the taxable year:
3408	498.11 - 498.12	[SEC. 13704.(a)] SEC. 45Z.(d)(4)(B)(i)	The credit for production of clean hydrogen under section 45V.
3409	498.13 - 498.19	[SEC. 13704.(a)] SEC. 45Z.(d)(4)(B)(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.
3411	498.20 - 498.21	[SEC. 13704.(a)] SEC. 45Z.(d)(4)(B)(iii)	The credit for carbon oxide sequestration under section 45Q.
3412	498.22 - 498.22	[SEC. 13704.(a)] SEC. 45Z.(d)(5)	TRANSPORTATION FUEL.
3413	498.23 - 498.24	[SEC. 13704.(a)] SEC. 45Z.(d)(5)(A)	IN GENERAL. The term ‘transportation fuel’ means a fuel which
3414	499.1 - 499.2	[SEC. 13704.(a)] SEC. 45Z.(d)(5)(A)(i)	is suitable for use as a fuel in a highway vehicle or aircraft,
3415	499.3 - 499.5	[SEC. 13704.(a)] SEC. 45Z.(d)(5)(A)(ii)	has an emissions rate which is not greater than 50 kilograms of CO2e per mmBTU, and
3416	499.6 - 499.9	[SEC. 13704.(a)] SEC. 45Z.(d)(5)(A)(iii)	is not derived from coprocessing an applicable material (or materials derived from an applicable material) with a feedstock which is not biomass.
3417	499.10 - 499.10	[SEC. 13704.(a)] SEC. 45Z.(d)(5)(B)	DEFINITIONS. In this paragraph
3418	499.11 - 499.12	[SEC. 13704.(a)] SEC. 45Z.(d)(5)(B)(i)	APPLICABLE MATERIAL. The term ‘applicable material’ means
3419	499.13 - 499.14	[SEC. 13704.(a)] SEC. 45Z.(d)(5)(B)(i)(I)	monoglycerides, diglycerides, and triglycerides,
3420	499.15 - 499.15	[SEC. 13704.(a)] SEC. 45Z.(d)(5)(B)(i)(II)	free fatty acids, and
3421	499.16 - 499.16	[SEC. 13704.(a)] SEC. 45Z.(d)(5)(B)(i)(III)	fatty acid esters.
3422	499.17 - 499.19	[SEC. 13704.(a)] SEC. 45Z.(d)(5)(B)(ii)	BIOMASS. The term ‘biomass’ has the same meaning given such term in section 45K(c)(3).
3423	499.20 - 499.25	[SEC. 13704.(a)] SEC. 45Z.(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.
3425	500.1 - 500.1	[SEC. 13704.(a)] SEC. 45Z.(f)	SPECIAL RULES.
3426	500.2 - 500.3	[SEC. 13704.(a)] SEC. 45Z.(f)(1)	ONLY REGISTERED PRODUCTION IN THE UNITED STATES TAKEN INTO ACCOUNT.
3427	500.4 - 500.7	[SEC. 13704.(a)] SEC. 45Z.(f)(1)(A)	IN GENERAL. No clean fuel production credit shall be determined under subsection (a)  with respect to any transportation fuel unless
3429	500.8 - 500.8	[SEC. 13704.(a)] SEC. 45Z.(f)(1)(A)(i)	the taxpayer
3430	500.9 - 500.11	[SEC. 13704.(a)] SEC. 45Z.(f)(1)(A)(i)(I)	is registered as a producer of clean fuel under section 4101 at the time of production, and
3431	500.12 - 500.14	[SEC. 13704.(a)] SEC. 45Z.(f)(1)(A)(i)(II)	in the case of any transportation fuel which is a sustainable aviation fuel, provides
3432	500.15 - 500.19	[SEC. 13704.(a)] SEC. 45Z.(f)(1)(A)(i)(II)(aa)	certification (in such form and manner as the Secretary shall prescribe) from an unrelated party demonstrating compliance with
3433	500.20 - 501.5	[SEC. 13704.(a)] SEC. 45Z.(f)(1)(A)(i)(II)(aa)(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
3435	501.6 - 501.11	[SEC. 13704.(a)] SEC. 45Z.(f)(1)(A)(i)(II)(aa)(BB)	in the case of any methodology described in subclause (II) of such subsection, requirements similar to the requirements described in subitem (AA), and
3436	501.12 - 501.16	[SEC. 13704.(a)] SEC. 45Z.(f)(1)(A)(i)(II)(bb)	such other information with respect to such fuel as the Secretary may require for purposes of carrying out this section, and
3437	501.17 - 501.18	[SEC. 13704.(a)] SEC. 45Z.(f)(1)(A)(ii)	such fuel is produced in the United States.
3438	501.19 - 501.21	[SEC. 13704.(a)] SEC. 45Z.(f)(1)(B)	UNITED STATES. For purposes of this paragraph, the term ‘United States’ includes any possession of the United States.
3439	501.22 - 502.4	[SEC. 13704.(a)] SEC. 45Z.(f)(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.
3440	502.5 - 502.13	[SEC. 13704.(a)] SEC. 45Z.(f)(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.
3441	502.14 - 502.17	[SEC. 13704.(a)] SEC. 45Z.(f)(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.
3442	502.18 - 502.20	[SEC. 13704.(a)] SEC. 45Z.(f)(5)	ALLOCATION OF CREDIT TO PATRONS OF AGRICULTURAL COOPERATIVE. Rules similar to the rules of section 45Y(g)(6) shall apply.
3443	502.21 - 502.21	[SEC. 13704.(a)] SEC. 45Z.(f)(6)	PREVAILING WAGE REQUIREMENTS.
3444	502.22 - 502.24	[SEC. 13704.(a)] SEC. 45Z.(f)(6)(A)	IN GENERAL. Subject to subparagraph (B), rules similar to the rules of section 45(b)(7) shall apply.
3445	503.1 - 503.5	[SEC. 13704.(a)] SEC. 45Z.(f)(6)(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
3446	503.6 - 503.7	[SEC. 13704.(a)] SEC. 45Z.(f)(6)(B)(i)	clause (i) of section 45(b)(7)(A) shall not apply, and
3447	503.8 - 503.15	[SEC. 13704.(a)] SEC. 45Z.(f)(6)(B)(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)’.
3448	503.16 - 503.17	[SEC. 13704.(a)] SEC. 45Z.(f)(7)	APPRENTICESHIP REQUIREMENTS. Rules similar to the rules of section 45(b)(8) shall apply.
3449	503.18 - 503.19	[SEC. 13704.(a)] SEC. 45Z.(g)	TERMINATION. This section shall not apply to transportation fuel sold after December 31, 2027.’’.
3450	503.20 - 503.20	SEC. 13704.(b)	CONFORMING AMENDMENTS.
3451	503.21 - 503.22	SEC. 13704.(b)(1)	Section 25C(d)(3), as amended by the preceding provisions of this Act, is amended
3452	503.23 - 503.24	SEC. 13704.(b)(1)(A)	in subparagraph (A), by striking ‘‘and’’ at the end,
3453	504.1 - 504.2	SEC. 13704.(b)(1)(B)	in subparagraph (B), by striking the period at the end and inserting ‘‘, and’’, and
3454	504.3 - 504.4	SEC. 13704.(b)(1)(C)	by adding at the end the following new subparagraph:
3455	504.5 - 504.6	[SEC. 13704.(b)(1)(C)] (C)	transportation fuel (as defined in section 45Z(d)(5)).’’.
3456	504.7 - 504.9	SEC. 13704.(b)(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:
3457	504.10 - 504.11	[SEC. 13704.(b)(2)] (iv)	Any transportation fuel (as defined in section 45Z(d)(5)).’’.
3458	504.12 - 504.13	SEC. 13704.(b)(3)	Section 38(b), as amended by the preceding provisions of this Act, is amended
3459	504.14 - 504.15	SEC. 13704.(b)(3)(A)	in paragraph (38), by striking ‘‘plus’’ at the end,
3460	504.16 - 504.17	SEC. 13704.(b)(3)(B)	in paragraph (39), by striking the period at the end and inserting ‘‘, plus’’, and
3461	504.18 - 504.19	SEC. 13704.(b)(3)(C)	by adding at the end the following new paragraph:
3462	504.20 - 504.21	[SEC. 13704.(b)(3)(C)] (40)	the clean fuel production credit determined under section 45Z(a).’’.
3463	504.22 - 504.25	SEC. 13704.(b)(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:
3464	505.1 - 505.5	SEC. 13704.(b)(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)),’’.
3465	505.6 - 505.8	SEC. 13704.(c)	EFFECTIVE DATE. The amendments made by this section shall apply to transportation fuel produced after December 31, 2024.
3466	505.9 - 505.10	TITLE I Subtitle D PART 8	CREDIT MONETIZATION AND APPROPRIATIONS
3467	505.11 - 505.13	TITLE I Subtitle D PART 8 SEC. 13801.	ELECTIVE PAYMENT FOR ENERGY PROPERTY AND ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES, ETC.
3468	505.14 - 505.16	SEC. 13801.(a)	IN GENERAL. Subchapter B of chapter 65 is amended by inserting after section 6416 the following new section:
3469	505.17 - 505.17	[SEC. 13801.(a)] SEC. 6417.	ELECTIVE PAYMENT OF APPLICABLE CREDITS.
3470	505.18 - 505.25	[SEC. 13801.(a)] SEC. 6417.(a)	IN GENERAL. In the case of an applicable entity making an election (at such time and in such manner as the Secretary may provide) under this section with respect to any applicable credit determined with respect to such entity, such entity shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit.
3471	506.1 - 506.2	[SEC. 13801.(a)] SEC. 6417.(b)	APPLICABLE CREDIT. The term ‘applicable credit’ means each of the following:
3472	506.3 - 506.6	[SEC. 13801.(a)] SEC. 6417.(b)(1)	So much of the credit for alternative fuel vehicle refueling property allowed under section 30C which, pursuant to subsection (d)(1) of such section, is treated as a credit listed in section 38(b).
3473	506.7 - 506.10	[SEC. 13801.(a)] SEC. 6417.(b)(2)	So much of the renewable electricity production credit determined under section 45(a) as is attributable to qualified facilities which are originally placed in service after December 31, 2022.
3474	506.11 - 506.14	[SEC. 13801.(a)] SEC. 6417.(b)(3)	So much of the credit for carbon oxide sequestration determined under section 45Q(a) as is attributable to carbon capture equipment which is originally placed in service after December 31, 2022.
3475	506.15 - 506.16	[SEC. 13801.(a)] SEC. 6417.(b)(4)	The zero-emission nuclear power production credit determined under section 45U(a).
3476	506.17 - 506.21	[SEC. 13801.(a)] SEC. 6417.(b)(5)	So much of the credit for production of clean hydrogen determined under section 45V(a) as is attributable to qualified clean hydrogen production facilities which are originally placed in service after December 31, 2012.
3477	506.22 - 507.2	[SEC. 13801.(a)] SEC. 6417.(b)(6)	In the case of a tax-exempt entity described in clause (i), (ii), or (iv) of section 168(h)(2)(A), the credit for qualified commercial vehicles determined under section 45W by reason of subsection (d)(3) thereof.
3478	507.3 - 507.4	[SEC. 13801.(a)] SEC. 6417.(b)(7)	The credit for advanced manufacturing production under section 45X(a).
3479	507.5 - 507.6	[SEC. 13801.(a)] SEC. 6417.(b)(8)	The clean electricity production credit determined under section 45Y(a).
3480	507.7 - 507.8	[SEC. 13801.(a)] SEC. 6417.(b)(9)	The clean fuel production credit determined under section 45Z(a).
3481	507.9 - 507.10	[SEC. 13801.(a)] SEC. 6417.(b)(10)	The energy credit determined under section 48.
3482	507.11 - 507.12	[SEC. 13801.(a)] SEC. 6417.(b)(11)	The qualifying advanced energy project credit determined under section 48C.
3483	507.13 - 507.14	[SEC. 13801.(a)] SEC. 6417.(b)(12)	The clean electricity investment credit determined under section 48E.
3484	507.15 - 507.16	[SEC. 13801.(a)] SEC. 6417.(c)	APPLICATION TO PARTNERSHIPS AND S CORPORATIONS.
3485	507.17 - 507.24	[SEC. 13801.(a)] SEC. 6417.(c)(1)	IN GENERAL. In the case of any applicable credit determined with respect to any facility or property held directly by a partnership or S corporation, any election under subsection (a) shall be made by such partnership or S corporation. If such partnership or S corporation makes an election under such subsection (in such manner as the Secretary may provide) with respect to such credit
3486	508.1 - 508.3	[SEC. 13801.(a)] SEC. 6417.(c)(1)(A)	the Secretary shall make a payment to such partnership or S corporation equal to the amount of such credit,
3487	508.4 - 508.7	[SEC. 13801.(a)] SEC. 6417.(c)(1)(B)	subsection (e) shall be applied with respect to such credit before determining any partner’s distributive share, or shareholder’s pro rata share, of such credit,
3488	508.8 - 508.11	[SEC. 13801.(a)] SEC. 6417.(c)(1)(C)	any amount with respect to which the election in subsection (a) is made shall be treated as tax exempt income for purposes of sections 705 and 1366, and
3489	508.12 - 508.15	[SEC. 13801.(a)] SEC. 6417.(c)(1)(D)	a partner’s distributive share of such tax exempt income shall be based on such partner’s distributive share of the otherwise applicable credit for each taxable year.
3490	508.16 - 508.22	[SEC. 13801.(a)] SEC. 6417.(c)(2)	COORDINATION WITH APPLICATION AT PARTNER OR SHAREHOLDER LEVEL. In the case of any facility or property held directly by a partnership or S corporation, no election by any partner or shareholder shall be allowed under subsection (a) with respect to any applicable credit determined with respect to such facility or property.
3491	508.23 - 509.3	[SEC. 13801.(a)] SEC. 6417.(c)(3)	TREATMENT OF PAYMENTS TO PARTNERSHIPS AND S CORPORATIONS. For purposes of section 1324 of title 31, United States Code, the payments under paragraph (1)(A) shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
3492	509.4 - 509.4	[SEC. 13801.(a)] SEC. 6417.(d)	SPECIAL RULES. For purposes of this section
3493	509.5 - 509.5	[SEC. 13801.(a)] SEC. 6417.(d)(1)	APPLICABLE ENTITY.
3494	509.6 - 509.7	[SEC. 13801.(a)] SEC. 6417.(d)(1)(A)	IN GENERAL. The term ‘applicable entity’ means
3495	509.8 - 509.9	[SEC. 13801.(a)] SEC. 6417.(d)(1)(A)(i)	any organization exempt from the tax imposed by subtitle A,
3496	509.10 - 509.11	[SEC. 13801.(a)] SEC. 6417.(d)(1)(A)(ii)	any State or political subdivision thereof,
3497	509.12 - 509.12	[SEC. 13801.(a)] SEC. 6417.(d)(1)(A)(iii)	the Tennessee Valley Authority,
3498	509.13 - 509.14	[SEC. 13801.(a)] SEC. 6417.(d)(1)(A)(iv)	an Indian tribal government (as defined in section 30D(g)(9)),
3499	509.15 - 509.18	[SEC. 13801.(a)] SEC. 6417.(d)(1)(A)(v)	any Alaska Native Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)), or
3500	509.19 - 509.22	[SEC. 13801.(a)] SEC. 6417.(d)(1)(A)(vi)	any corporation operating on a cooperative basis which is engaged in furnishing electric energy to persons in rural areas.
3501	509.23 - 510.9	[SEC. 13801.(a)] SEC. 6417.(d)(1)(B)	ELECTION WITH RESPECT TO CREDIT FOR PRODUCTION OF CLEAN HYDROGEN. If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has placed in service a qualified clean hydrogen production facility (as defined in section 45V(c)(3)), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(5).
3503	510.10 - 510.21	[SEC. 13801.(a)] SEC. 6417.(d)(1)(C)	ELECTION WITH RESPECT TO CREDIT FOR CARBON OXIDE SEQUESTRATION. If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has, after December 31, 2022, placed in service carbon capture equipment at a qualified facility (as defined in section 45Q(d)), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(3).
3504	510.22 - 510.24	[SEC. 13801.(a)] SEC. 6417.(d)(1)(D)	ELECTION WITH RESPECT TO ADVANCED MANUFACTURING PRODUCTION CREDIT.
3505	511.1 - 511.11	[SEC. 13801.(a)] SEC. 6417.(d)(1)(D)(i)	IN GENERAL. If a taxpayer other than an entity described in subparagraph (A)  makes an election under this subparagraph with respect to any taxable year in which such taxpayer has, after December 31, 2022, produced eligible components (as defined in section 45X(c)(1)), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(7).
3507	511.12 - 511.12	[SEC. 13801.(a)] SEC. 6417.(d)(1)(D)(ii)	LIMITATION.
3508	511.13 - 511.20	[SEC. 13801.(a)] SEC. 6417.(d)(1)(D)(ii)(I)	IN GENERAL. Except as provided in subclause (II), if a taxpayer makes an election under this subparagraph with respect to any taxable year, such taxpayer shall be treated as having made such election for each of the 4 succeeding taxable years ending before January 1, 2033.
3509	511.21 - 512.6	[SEC. 13801.(a)] SEC. 6417.(d)(1)(D)(ii)(II)	EXCEPTION. A taxpayer may elect to revoke the application of the election made under this subparagraph to any taxable year described in subclause (I). Any such election, if made, shall apply to the applicable year specified in such election and each subsequent taxable year within the period described in subclause (I). Any election under this subclause may not be subsequently revoked.
3510	512.7 - 512.13	[SEC. 13801.(a)] SEC. 6417.(d)(1)(D)(iii)	PROHIBITION ON TRANSFER. For any taxable year described in clause (ii)(I), no election may be made by the taxpayer under section 6418(a) for such taxable year with respect to eligible components for purposes of the credit described in subsection (b)(7).
3512	512.14 - 512.14	[SEC. 13801.(a)] SEC. 6417.(d)(1)(E)	OTHER RULES.
3513	512.15 - 512.18	[SEC. 13801.(a)] SEC. 6417.(d)(1)(E)(i)	IN GENERAL. An election made under subparagraph (B), (C), or (D) shall be made at such time and in such manner as the Secretary may provide.
3514	512.19 - 512.22	[SEC. 13801.(a)] SEC. 6417.(d)(1)(E)(ii)	LIMITATION. No election may be made under subparagraph (B), (C), or (D) with respect to any taxable year beginning after December 31, 2032.
3515	512.23 - 513.2	[SEC. 13801.(a)] SEC. 6417.(d)(2)	APPLICATION. In the case of any applicable entity which makes the election described in subsection (a), any applicable credit shall be determined
3516	513.3 - 513.4	[SEC. 13801.(a)] SEC. 6417.(d)(2)(A)	without regard to paragraphs (3) and (4)(A)(i) of section 50(b), and
3518	513.5 - 513.7	[SEC. 13801.(a)] SEC. 6417.(d)(2)(B)	by treating any property with respect to which such credit is determined as used in a trade or business of the applicable entity.
3519	513.8 - 513.8	[SEC. 13801.(a)] SEC. 6417.(d)(3)	ELECTIONS.
3520	513.9 - 513.9	[SEC. 13801.(a)] SEC. 6417.(d)(3)(A)	IN GENERAL.
3521	513.10 - 513.12	[SEC. 13801.(a)] SEC. 6417.(d)(3)(A)(i)	DUE DATE. Any election under subsection (a) shall be made not later than
3522	513.13 - 513.18	[SEC. 13801.(a)] SEC. 6417.(d)(3)(A)(i)(I)	in the case of any government, or political subdivision, described in paragraph (1) and for which no return is required under section 6011 or 6033(a), such date as is determined appropriate by the Secretary, or
3523	513.19 - 513.25	[SEC. 13801.(a)] SEC. 6417.(d)(3)(A)(i)(II)	in any other case, the due date (including extensions of time) for the return of tax for the taxable year for which the election is made, but in no event earlier than 180 days after the date of the enactment of this section.
3524	514.1 - 514.6	[SEC. 13801.(a)] SEC. 6417.(d)(3)(A)(ii)	ADDITIONAL RULES. Any election under subsection (a), once made, shall be irrevocable and shall apply (except as otherwise provided in this paragraph) with respect to any credit for the taxable year for which the election is made.
3525	514.7 - 514.10	[SEC. 13801.(a)] SEC. 6417.(d)(3)(B)	RENEWABLE ELECTRICITY PRODUCTION CREDIT. In the case of the credit described in subsection (b)(2), any election under subsection (a) shall
3526	514.11 - 514.12	[SEC. 13801.(a)] SEC. 6417.(d)(3)(B)(i)	apply separately with respect to each qualified facility,
3527	514.13 - 514.15	[SEC. 13801.(a)] SEC. 6417.(d)(3)(B)(ii)	be made for the taxable year in which such qualified facility is originally placed in service, and
3528	514.16 - 514.20	[SEC. 13801.(a)] SEC. 6417.(d)(3)(B)(iii)	shall apply to such taxable year and to any subsequent taxable year which is within the period described in subsection (a)(2)(A)(ii) of section 45 with respect to such qualified facility.
3530	514.21 - 514.22	[SEC. 13801.(a)] SEC. 6417.(d)(3)(C)	CREDIT FOR CARBON OXIDE SEQUESTRATION.
3531	514.23 - 514.25	[SEC. 13801.(a)] SEC. 6417.(d)(3)(C)(i)	IN GENERAL. In the case of the credit described in subsection (b)(3), any election under subsection (a) shall
3532	515.1 - 515.4	[SEC. 13801.(a)] SEC. 6417.(d)(3)(C)(i)(I)	apply separately with respect to the carbon capture equipment originally placed in service by the applicable entity during a taxable year, and
3533	515.5 - 515.12	[SEC. 13801.(a)] SEC. 6417.(d)(3)(C)(i)(II)(aa)	in the case of a taxpayer who makes an election described in paragraph (1)(C), apply to the taxable year in which such equipment is placed in service and the 4 subsequent taxable years with respect to such equipment which end before January 1, 2033, and
3534	515.13 - 515.18	[SEC. 13801.(a)] SEC. 6417.(d)(3)(C)(i)(II)(bb)	in any other case, apply to such taxable year and to any subsequent taxable year which is within the period described in paragraph (3)(A) or (4)(A) of section 45Q(a) with respect to such equipment.
3535	515.19 - 516.2	[SEC. 13801.(a)] SEC. 6417.(d)(3)(C)(ii)	PROHIBITION ON TRANSFER. For any taxable year described in clause (i)(II)(aa) with respect to carbon capture equipment, no election may be made by the taxpayer under section 6418(a) for such taxable year with respect to such equipment for purposes of the credit described in subsection (b)(3).
3537	516.3 - 516.17	[SEC. 13801.(a)] SEC. 6417.(d)(3)(C)(iii)	REVOCATION OF ELECTION. In the case of a taxpayer who makes an election described in paragraph (1)(C) with respect to carbon capture equipment, such taxpayer may, at any time during the period described in clause (i)(II)(aa), revoke the application of such election with respect to such equipment for any subsequent taxable years during such period. Any such election, if made, shall apply to the applicable year specified in such election and each subsequent taxable year within the period described in clause (i)(II)(aa). Any election under this subclause may not be subsequently revoked.
3538	516.18 - 516.19	[SEC. 13801.(a)] SEC. 6417.(d)(3)(D)	CREDIT FOR PRODUCTION OF CLEAN HYDROGEN.
3539	516.20 - 516.22	[SEC. 13801.(a)] SEC. 6417.(d)(3)(D)(i)	IN GENERAL. In the case of the credit described in subsection (b)(5), any election under subsection (a) shall
3540	516.23 - 516.25	[SEC. 13801.(a)] SEC. 6417.(d)(3)(D)(i)(I)	apply separately with respect to each qualified clean hydrogen production facility,
3541	517.1 - 517.7	[SEC. 13801.(a)] SEC. 6417.(d)(3)(D)(i)(II)	be made for the taxable year in which such facility is placed in service (or within the 1-year period subsequent to the date of enactment of this section in the case of facilities placed in service before December 31, 2022), and
3542	517.8 - 517.13	[SEC. 13801.(a)] SEC. 6417.(d)(3)(D)(i)(III)(aa)	in the case of a taxpayer who makes an election described in paragraph (1)(B), apply to such taxable year and the 4 subsequent taxable years with respect to such facility which end before January 1, 2033, and
3543	517.14 - 517.17	[SEC. 13801.(a)] SEC. 6417.(d)(3)(D)(i)(III)(bb)	in any other case, apply to such taxable year and all subsequent taxable years with respect to such facility.
3544	517.18 - 517.25	[SEC. 13801.(a)] SEC. 6417.(d)(3)(D)(ii)	PROHIBITION ON TRANSFER. For any taxable year described in clause (i)(III)(aa) with respect to a qualified clean hydrogen production facility, no election may be made by the taxpayer under section 6418(a) for such taxable year with respect to such facility for purposes of the credit described in subsection (b)(5).
3546	518.1 - 518.15	[SEC. 13801.(a)] SEC. 6417.(d)(3)(D)(iii)	REVOCATION OF ELECTION. In the case of a taxpayer who makes an election described in paragraph (1)(B) with respect to a qualified clean hydrogen production facility, such taxpayer may, at any time during the period described in clause (i)(III)(aa), revoke the application of such election with respect to such facility for any subsequent taxable years during such period. Any such election, if made, shall apply to the applicable year specified in such election and each subsequent taxable year within the period described in clause (i)(II)(aa). Any election under this subclause may not be subsequently revoked.
3548	518.16 - 518.19	[SEC. 13801.(a)] SEC. 6417.(d)(3)(E)	CLEAN ELECTRICITY PRODUCTION CREDIT. In the case of the credit described in subsection (b)(8), any election under subsection (a)  shall
3550	518.20 - 518.21	[SEC. 13801.(a)] SEC. 6417.(d)(3)(E)(i)	apply separately with respect to each qualified facility,
3551	518.22 - 518.23	[SEC. 13801.(a)] SEC. 6417.(d)(3)(E)(ii)	be made for the taxable year in which such facility is placed in service, and
3552	518.24 - 519.3	[SEC. 13801.(a)] SEC. 6417.(d)(3)(E)(iii)	shall apply to such taxable year and to any subsequent taxable year which is within the period described in subsection (b)(1)(B) of section 45Y with respect to such facility.
3554	519.4 - 519.5	[SEC. 13801.(a)] SEC. 6417.(d)(4)	TIMING. The payment described in subsection (a) shall be treated as made on
3555	519.6 - 519.15	[SEC. 13801.(a)] SEC. 6417.(d)(4)(A)	in the case of any government, or political subdivision, described in paragraph (1) and for which no return is required under section 6011 or 6033(a), the later of the date that a return would be due under section 6033(a) if such government or subdivision were described in that section or the date on which such government or subdivision submits a claim for credit or refund (at such time and in such manner as the Secretary shall provide), and
3556	519.16 - 519.19	[SEC. 13801.(a)] SEC. 6417.(d)(4)(B)	in any other case, the later of the due date (determined without regard to extensions) of the return of tax for the taxable year or the date on which such return is filed.
3557	519.20 - 520.2	[SEC. 13801.(a)] SEC. 6417.(d)(5)	ADDITIONAL INFORMATION. As a condition of, and prior to, any amount being treated as a payment which is made by an applicable entity under subsection (a), the Secretary may require such information or registration as the Secretary deems necessary for purposes of preventing duplication, fraud, improper payments, or excessive payments under this section.
3558	520.3 - 520.3	[SEC. 13801.(a)] SEC. 6417.(d)(6)	EXCESSIVE PAYMENT.
3559	520.4 - 520.14	[SEC. 13801.(a)] SEC. 6417.(d)(6)(A)	IN GENERAL. In the case of any amount treated as a payment which is made by the applicable entity under subsection (a), or the amount of the payment made pursuant to subsection (c), which the Secretary determines constitutes an excessive payment, the tax imposed on such entity by chapter 1 (regardless of whether such entity would otherwise be subject to tax under such chapter) for the taxable year in which such determination is made shall be increased by an amount equal to the sum of
3560	520.15 - 520.16	[SEC. 13801.(a)] SEC. 6417.(d)(6)(A)(i)	the amount of such excessive payment, plus
3561	520.17 - 520.18	[SEC. 13801.(a)] SEC. 6417.(d)(6)(A)(ii)	an amount equal to 20 percent of such excessive payment.
3562	520.19 - 520.23	[SEC. 13801.(a)] SEC. 6417.(d)(6)(B)	REASONABLE CAUSE. Subparagraph (A)(ii) shall not apply if the applicable entity demonstrates to the satisfaction of the Secretary that the excessive payment resulted from reasonable cause.
3564	520.24 - 521.4	[SEC. 13801.(a)] SEC. 6417.(d)(6)(C)	EXCESSIVE PAYMENT DEFINED. For purposes of this paragraph, the term ‘excessive payment’ means, with respect to a facility or property for which an election is made under this section for any taxable year, an amount equal to the excess of
3565	521.5 - 521.10	[SEC. 13801.(a)] SEC. 6417.(d)(6)(C)(i)	the amount treated as a payment which is made by the applicable entity under subsection (a), or the amount of the payment made pursuant to subsection (c), with respect to such facility or property for such taxable year, over
3566	521.11 - 521.17	[SEC. 13801.(a)] SEC. 6417.(d)(6)(C)(ii)	the amount of the credit which, without application of this section, would be otherwise allowable (as determined pursuant to paragraph (2) and without regard to section 38(c)) under this title with respect to such facility or property for such taxable year.
3567	521.18 - 521.23	[SEC. 13801.(a)] SEC. 6417.(e)	DENIAL OF DOUBLE BENEFIT. In the case of an applicable entity making an election under this section with respect to an applicable credit, such credit shall be reduced to zero and shall, for any other purposes under this title, be deemed to have been allowed to such entity for such taxable year.
3568	521.24 - 522.5	[SEC. 13801.(a)] SEC. 6417.(f)	MIRROR CODE POSSESSIONS. In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this section shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this section be so treated.
3569	522.6 - 522.9	[SEC. 13801.(a)] SEC. 6417.(g)	BASIS REDUCTION AND RECAPTURE. Except as otherwise provided in subsection (c)(2)(A), rules similar to the rules of section 50 shall apply for purposes of this section.
3570	522.10 - 522.16	[SEC. 13801.(a)] SEC. 6417.(h)	REGULATIONS. The Secretary shall issue such regulations or other guidance as may be necessary to carry out the purposes of this section, including guidance to ensure that the amount of the payment or deemed payment made under this section is commensurate with the amount of the credit that would be otherwise allowable (determined without regard to section 38(c)).’’.
3571	522.17 - 522.19	SEC. 13801.(b)	TRANSFER OF CERTAIN CREDITS. Subchapter B of chapter 65, as amended by subsection (a), is amended by inserting after section 6417 the following new section:
3572	522.20 - 522.20	[SEC. 13801.(b)] SEC. 6418.	TRANSFER OF CERTAIN CREDITS.
3573	522.21 - 523.5	[SEC. 13801.(b)] SEC. 6418.(a)	IN GENERAL. In the case of an eligible taxpayer which elects to transfer all (or any portion specified in the election) of an eligible credit determined with respect to such taxpayer for any taxable year to a taxpayer (referred to in this section as the ‘transferee taxpayer’) which is not related (within the meaning of section 267(b) or 707(b)(1)) to the eligible taxpayer, the transferee taxpayer specified in such election (and not the eligible taxpayer) shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof).
3574	523.6 - 523.10	[SEC. 13801.(b)] SEC. 6418.(b)	TREATMENT OF PAYMENTS MADE IN CONNECTION WITH TRANSFER. With respect to any amount paid by a transferee taxpayer to an eligible taxpayer as consideration for a transfer described in subsection (a), such consideration
3575	523.11 - 523.11	[SEC. 13801.(b)] SEC. 6418.(b)(1)	shall be required to be paid in cash,
3576	523.12 - 523.13	[SEC. 13801.(b)] SEC. 6418.(b)(2)	shall not be includible in gross income of the eligible taxpayer, and
3577	523.14 - 523.15	[SEC. 13801.(b)] SEC. 6418.(b)(3)	with respect to the transferee taxpayer, shall not be deductible under this title.
3578	523.16 - 523.17	[SEC. 13801.(b)] SEC. 6418.(c)	APPLICATION TO PARTNERSHIPS AND S CORPORATIONS.
3579	523.18 - 523.23	[SEC. 13801.(b)] SEC. 6418.(c)(1)	IN GENERAL. In the case of any eligible credit determined with respect to any facility or property held directly by a partnership or S corporation, if such partnership or S corporation makes an election under subsection (a) (in such manner as the Secretary may provide) with respect to such credit
3580	523.24 - 524.2	[SEC. 13801.(b)] SEC. 6418.(c)(1)(A)	any amount received as consideration for a transfer described in such subsection shall be treated as tax exempt income for purposes of sections 705 and 1366, and
3581	524.3 - 524.6	[SEC. 13801.(b)] SEC. 6418.(c)(1)(B)	a partner’s distributive share of such tax exempt income shall be based on such partner’s distributive share of the otherwise eligible credit for each taxable year.
3582	524.7 - 524.13	[SEC. 13801.(b)] SEC. 6418.(c)(2)	COORDINATION WITH APPLICATION AT PARTNER OR SHAREHOLDER LEVEL. In the case of any facility or property held directly by a partnership or S corporation, no election by any partner or shareholder shall be allowed under subsection (a) with respect to any eligible credit determined with respect to such facility or property.
3583	524.14 - 524.20	[SEC. 13801.(b)] SEC. 6418.(d)	TAXABLE YEAR IN WHICH CREDIT TAKEN INTO ACCOUNT. In the case of any credit (or portion thereof) with respect to which an election is made under subsection (a), such credit shall be taken into account in the first taxable year of the transferee taxpayer ending with, or after, the taxable year of the eligible taxpayer with respect to which the credit was determined.
3585	524.21 - 524.21	[SEC. 13801.(b)] SEC. 6418.(e)	LIMITATIONS ON ELECTION.
3586	524.22 - 525.4	[SEC. 13801.(b)] SEC. 6418.(e)(1)	TIME FOR ELECTION. An election under subsection (a) to transfer any portion of an eligible credit shall be made not later than the due date (including extensions of time) for the return of tax for the taxable year for which the credit is determined, but in no event earlier than 180 days after the date of the enactment of this section. Any such election, once made, shall be irrevocable.
3587	525.5 - 525.9	[SEC. 13801.(b)] SEC. 6418.(e)(2)	NO ADDITIONAL TRANSFERS. No election may be made under subsection (a) by a transferee taxpayer with respect to any portion of an eligible credit which has been previously transferred to such taxpayer pursuant to this section.
3588	525.10 - 525.10	[SEC. 13801.(b)] SEC. 6418.(f)	DEFINITIONS. For purposes of this section
3589	525.11 - 525.11	[SEC. 13801.(b)] SEC. 6418.(f)(1)	ELIGIBLE CREDIT.
3590	525.12 - 525.13	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)	IN GENERAL. The term ‘eligible credit’ means each of the following:
3591	525.14 - 525.18	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(i)	So much of the credit for alternative fuel vehicle refueling property allowed under section 30C which, pursuant to subsection (d)(1) of such section, is treated as a credit listed in section 38(b).
3592	525.19 - 525.20	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(ii)	The renewable electricity production credit determined under section 45(a).
3593	525.21 - 525.23	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(iii)	The credit for carbon oxide sequestration determined under section 45Q(a).
3594	526.1 - 526.3	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(iv)	The zero-emission nuclear power production credit determined under section 45U(a).
3595	526.4 - 526.5	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(v)	The clean hydrogen production credit determined under section 45V(a).
3596	526.6 - 526.8	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(vi)	The advanced manufacturing production credit determined under section 45X(a).
3597	526.9 - 526.10	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(vii)	The clean electricity production credit determined under section 45Y(a).
3598	526.11 - 526.12	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(viii)	The clean fuel production credit determined under section 45Z(a).
3599	526.13 - 526.14	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(ix)	The energy credit determined under section 48.
3600	526.15 - 526.16	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(x)	The qualifying advanced energy project credit determined under section 48C.
3601	526.17 - 526.18	[SEC. 13801.(b)] SEC. 6418.(f)(1)(A)(xi)	The clean electricity investment credit determined under section 48E.
3602	526.19 - 526.22	[SEC. 13801.(b)] SEC. 6418.(f)(1)(B)	ELECTION FOR CERTAIN CREDITS. In the case of any eligible credit described in clause (ii), (iii), (v), or (vii) of subparagraph (A), an election under subsection (a) shall be made
3604	526.23 - 526.25	[SEC. 13801.(b)] SEC. 6418.(f)(1)(B)(i)	separately with respect to each facility for which such credit is determined, and
3605	527.1 - 527.8	[SEC. 13801.(b)] SEC. 6418.(f)(1)(B)(ii)	for each taxable year during the 10-year period beginning on the date such facility was originally placed in service (or, in the case of the credit described in clause (iii), for each year during the 12-year period beginning on the date the carbon capture equipment was originally placed in service at such facility).
3607	527.9 - 527.13	[SEC. 13801.(b)] SEC. 6418.(f)(1)(C)	EXCEPTION FOR BUSINESS CREDIT CARRYFORWARDS OR CARRYBACKS. The term ‘eligible credit’ shall not include any business credit carryforward or business credit carryback determined under section 39.
3608	527.14 - 527.16	[SEC. 13801.(b)] SEC. 6418.(f)(2)	ELIGIBLE TAXPAYER. The term ‘eligible taxpayer’ means any taxpayer which is not described in section 6417(d)(1)(A).
3609	527.17 - 527.17	[SEC. 13801.(b)] SEC. 6418.(g)	SPECIAL RULES. For purposes of this section
3610	527.18 - 528.2	[SEC. 13801.(b)] SEC. 6418.(g)(1)	ADDITIONAL INFORMATION. As a condition of, and prior to, any transfer of any portion of an eligible credit pursuant to subsection (a), the Secretary may require such information (including, in such form or manner as is determined appropriate by the Secretary, such information returns) or registration as the Secretary deems necessary for purposes of preventing duplication, fraud, improper payments, or excessive payments under this section.
3611	528.3 - 528.3	[SEC. 13801.(b)] SEC. 6418.(g)(2)	EXCESSIVE CREDIT TRANSFER.
3612	528.4 - 528.13	[SEC. 13801.(b)] SEC. 6418.(g)(2)(A)	IN GENERAL. In the case of any portion of an eligible credit which is transferred to a transferee taxpayer pursuant to subsection (a) which the Secretary determines constitutes an excessive credit transfer, the tax imposed on the transferee taxpayer by chapter 1 (regardless of whether such entity would otherwise be subject to tax under such chapter) for the taxable year in which such determination is made shall be increased by an amount equal to the sum of
3613	528.14 - 528.15	[SEC. 13801.(b)] SEC. 6418.(g)(2)(A)(i)	the amount of such excessive credit transfer, plus
3614	528.16 - 528.17	[SEC. 13801.(b)] SEC. 6418.(g)(2)(A)(ii)	an amount equal to 20 percent of such excessive credit transfer.
3615	528.18 - 528.22	[SEC. 13801.(b)] SEC. 6418.(g)(2)(B)	REASONABLE CAUSE. Subparagraph (A)(ii) shall not apply if the transferee taxpayer demonstrates to the satisfaction of the Secretary that the excessive credit transfer resulted from reasonable cause.
3617	528.23 - 529.3	[SEC. 13801.(b)] SEC. 6418.(g)(2)(C)	EXCESSIVE CREDIT TRANSFER DEFINED. For purposes of this paragraph, the term ‘excessive credit transfer’ means, with respect to a facility or property for which an election is made under subsection (a) for any taxable year, an amount equal to the excess of
3618	529.4 - 529.7	[SEC. 13801.(b)] SEC. 6418.(g)(2)(C)(i)	the amount of the eligible credit claimed by the transferee taxpayer with respect to such facility or property for such taxable year, over
3619	529.8 - 529.12	[SEC. 13801.(b)] SEC. 6418.(g)(2)(C)(ii)	the amount of such credit which, without application of this section, would be otherwise allowable under this title with respect to such facility or property for such taxable year.
3620	529.13 - 529.17	[SEC. 13801.(b)] SEC. 6418.(g)(3)	BASIS REDUCTION; NOTIFICATION OF RECAPTURE. In the case of any election under subsection (a) with respect to any portion of an eligible credit described in clauses (ix) through (xi) of subsection (f)(1)(A)
3621	529.18 - 529.22	[SEC. 13801.(b)] SEC. 6418.(g)(3)(A)	subsection (c) of section 50 shall apply to the applicable investment credit property (as defined in subsection (a)(5) of such section) as if such eligible credit was allowed to the eligible taxpayer, and
3622	529.23 - 530.4	[SEC. 13801.(b)] SEC. 6418.(g)(3)(B)	if, during any taxable year, the applicable investment credit property (as defined in subsection (a)(5) of section 50) is disposed of, or otherwise ceases to be investment credit property with respect to the eligible taxpayer, before the close of the recapture period (as described in subsection (a)(1) of such section)
3623	530.5 - 530.8	[SEC. 13801.(b)] SEC. 6418.(g)(3)(B)(i)	such eligible taxpayer shall provide notice of such occurrence to the transferee taxpayer (in such form and manner as the Secretary shall prescribe), and
3624	530.9 - 530.14	[SEC. 13801.(b)] SEC. 6418.(g)(3)(B)(ii)	the transferee taxpayer shall provide notice of the recapture amount (as defined in subsection (c)(2) of such section), if any, to the eligible taxpayer (in such form and manner as the Secretary shall prescribe).
3625	530.15 - 530.22	[SEC. 13801.(b)] SEC. 6418.(g)(4)	PROHIBITION ON ELECTION OR TRANSFER WITH RESPECT TO PROGRESS EXPENDITURES. This section shall not apply with respect to any amount of an eligible credit which is allowed pursuant to 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).
3626	530.23 - 531.3	[SEC. 13801.(b)] SEC. 6418.(h)	REGULATIONS. The Secretary shall issue such regulations or other guidance as may be necessary to carry out the purposes of this section, including regulations or other guidance providing rules for determining a partner’s distributive share of the tax exempt income described in subsection (c)(1).’’.
3627	531.4 - 531.10	SEC. 13801.(c)	REAL ESTATE INVESTMENT TRUSTS. Section 50(d) is amended by adding at the end the following: ‘‘In the case of a real estate investment trust making an election under section 6418, paragraphs (1)(B) and (2)(B) of the section 46(e) referred to in paragraph (1) of this subsection shall not apply to any investment credit property of such real estate investment trust to which such election applies.’’.
3628	531.11 - 531.13	SEC. 13801.(d)	3-YEAR CARRYBACK FOR APPLICABLE CREDITS. Section 39(a) is amended by adding at the end the following:
3630	531.14 - 531.17	[SEC. 13801.(d)] (4)	3-YEAR CARRYBACK FOR APPLICABLE CREDITS. Notwithstanding subsection (d), in the case of any applicable credit (as defined in section 6417(b))
3631	531.18 - 531.20	[SEC. 13801.(d)] (4)(A)	this section shall be applied separately from the business credit (other than the applicable credit),
3632	531.21 - 531.23	[SEC. 13801.(d)] (4)(B)	paragraph (1) shall be applied by substituting ‘each of the 3 taxable years’ for ‘the taxable year’ in subparagraph (A) thereof, and
3633	531.24 - 531.24	[SEC. 13801.(d)] (4)(C)	paragraph (2) shall be applied
3634	532.1 - 532.3	[SEC. 13801.(d)] (4)(C)(i)	by substituting ‘23 taxable years’ for ‘21 taxable years’ in subparagraph (A) thereof, and
3635	532.4 - 532.6	[SEC. 13801.(d)] (4)(C)(ii)	by substituting ‘22 taxable years’ for ‘20 taxable years’ in subparagraph (B) thereof.’’.
3636	532.7 - 532.9	SEC. 13801.(e)	CLERICAL AMENDMENT. The table of sections for subchapter B of chapter 65 is amended by inserting after the item relating to section 6416 the following new items:
3637	532.10 - 532.16	SEC. 13801.(f)	GROSS-UP OF DIRECT SPENDING. Beginning in fiscal year 2023 and each fiscal year thereafter, the portion of any payment made to a taxpayer pursuant to an election under section 6417 of the Internal Revenue Code of 1986, or any amount treated as a payment which is made by the taxpayer under subsection (a) of such section, that is direct spending shall be increased by 6.0445 percent.
3638	532.17 - 532.19	SEC. 13801.(g)	EFFECTIVE DATE. The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
3639	532.20 - 533.5	TITLE I Subtitle D PART 8 SEC. 13802.	APPROPRIATIONS. 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.
3640	533.6 - 533.6	TITLE I Subtitle D PART 9	OTHER PROVISIONS
3641	533.7 - 533.8	TITLE I Subtitle D PART 9 SEC. 13901.	PERMANENT EXTENSION OF TAX RATE TO FUND BLACK LUNG DISABILITY TRUST FUND.
3642	533.9 - 533.10	SEC. 13901.(a)	IN GENERAL. Section 4121 is amended by striking subsection (e).
3643	533.11 - 533.14	SEC. 13901.(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.
3644	533.15 - 533.16	TITLE I Subtitle D PART 9 SEC. 13902.	INCREASE IN RESEARCH CREDIT AGAINST PAYROLL TAX FOR SMALL BUSINESSES.
3645	533.17 - 533.18	SEC. 13902.(a)	IN GENERAL. Clause (i) of section 41(h)(4)(B) is amended
3646	533.19 - 533.22	SEC. 13902.(a)(1)	by striking ‘‘AMOUNT. The amount’’ and inserting ‘‘AMOUNT. (I)  IN GENERAL. The amount’’, and
3648	533.23 - 533.24	SEC. 13902.(a)(2)	by adding at the end the following new subclause:
3649	534.1 - 534.4	[SEC. 13902.(a)(2)] (II)	INCREASE. In the case of taxable years beginning after December 31, 2022, the amount in subclause (I) shall be increased by $250,000.’’.
3650	534.5 - 534.5	SEC. 13902.(b)	ALLOWANCE OF CREDIT.
3651	534.6 - 534.7	SEC. 13902.(b)(1)	IN GENERAL. Paragraph (1) of section 3111(f) is amended
3652	534.8 - 534.10	SEC. 13902.(b)(1)(A)	by striking ‘‘for a taxable year, there shall be allowed’’ and inserting ‘‘for a taxable year
3653	534.11 - 534.11	[SEC. 13902.(b)(1)(A)] (A)	there shall be allowed’’,
3654	534.12 - 534.13	SEC. 13902.(b)(1)(B)	by striking ‘‘equal to the’’ and inserting ‘‘equal to so much of the’’,
3655	534.14 - 534.18	SEC. 13902.(b)(1)(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
3656	534.19 - 534.20	SEC. 13902.(b)(1)(D)	by adding at the end the following new subparagraph:
3657	534.21 - 535.3	[SEC. 13902.(b)(1)(D)] (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).’’.
3658	535.4 - 535.5	SEC. 13902.(b)(2)	LIMITATION. Paragraph (2) of section 3111(f) is amended
3659	535.6 - 535.7	SEC. 13902.(b)(2)(A)	by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph (1)(A)’’, and
3660	535.8 - 535.11	SEC. 13902.(b)(2)(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’’.
3661	535.12 - 535.14	SEC. 13902.(b)(3)	CARRYOVER. Paragraph (3) of section 3111(f) is amended by striking ‘‘the credit’’ and inserting ‘‘any credit’’.
3662	535.15 - 535.16	SEC. 13902.(b)(4)	DEDUCTION ALLOWED. Paragraph (4) of section 3111(f) is amended
3663	535.17 - 535.18	SEC. 13902.(b)(4)(A)	by striking ‘‘credit’’ and inserting ‘‘credits’’, and
3664	535.19 - 535.20	SEC. 13902.(b)(4)(B)	by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (a) or (b)’’.
3665	535.21 - 535.23	SEC. 13902.(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’’.
3666	536.1 - 536.3	SEC. 13902.(d)	EFFECTIVE DATE. The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
3667	536.4 - 536.8	TITLE I Subtitle D PART 9 SEC. 13903.	REINSTATEMENT OF LIMITATION RULES FOR DEDUCTION FOR STATE AND LOCAL, ETC., TAXES; EXTENSION OF LIMITATION ON EXCESS BUSINESS LOSSES OF NONCORPORATE TAXPAYERS.
3668	536.9 - 536.10	SEC. 13903.(a)	REINSTATEMENT OF LIMITATION RULES FOR DEDUCTION FOR STATE AND LOCAL, ETC., TAXES.
3669	536.11 - 536.12	SEC. 13903.(a)(1)	IN GENERAL. Section 164(b)(6), as amended by section 13904, is further amended
3670	536.13 - 536.14	SEC. 13903.(a)(1)(A)	in the heading, by striking ‘‘2026’’ and inserting ‘‘2025’’, and
3671	536.15 - 536.16	SEC. 13903.(a)(1)(B)	by striking ‘‘2027’’ and inserting ‘‘2026’’.
3672	536.17 - 536.19	SEC. 13903.(a)(2)	EFFECTIVE DATE. The amendments made by this subsection shall apply to taxable years beginning after December 31, 2022.
3673	536.20 - 536.21	SEC. 13903.(b)	EXTENSION OF LIMITATION ON EXCESS BUSINESS LOSSES OF NONCORPORATE TAXPAYERS.
3674	536.22 - 536.24	SEC. 13903.(b)(1)	IN GENERAL. Section 461(l)(1) is amended by striking ‘‘January 1, 2027’’ each place it appears and inserting ‘‘January 1, 2029’’.
3675	537.1 - 537.3	SEC. 13903.(b)(2)	EFFECTIVE DATE. The amendments made by this subsection shall apply to taxable years beginning after December 31, 2026.
3676	537.4 - 537.7	TITLE I Subtitle D PART 9 SEC. 13904.	REMOVAL OF HARMFUL SMALL BUSINESS TAXES; EXTENSION OF LIMITATION ON DEDUCTION FOR STATE AND LOCAL, ETC., TAXES.
3677	537.8 - 537.10	SEC. 13904.(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:
3678	537.11 - 537.22	[SEC. 13904.(a)] (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).’’.
3680	537.23 - 537.24	SEC. 13904.(b)	EXTENSION OF LIMITATION ON DEDUCTION FOR STATE AND LOCAL, ETC., TAXES.
3681	538.1 - 538.2	SEC. 13904.(b)(1)	IN GENERAL. Section 164(b)(6) is amended
3682	538.3 - 538.4	SEC. 13904.(b)(1)(A)	in the heading, by striking ‘‘2025’’ and inserting ‘‘2026’’, and
3683	538.5 - 538.6	SEC. 13904.(b)(1)(B)	by striking ‘‘2026’’ and inserting ‘‘2027’’.
3684	538.7 - 538.9	SEC. 13904.(b)(2)	EFFECTIVE DATE. The amendments made by this subsection shall apply to taxable years beginning after December 31, 2022.
3685	538.10 - 538.12	TITLE II	COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
3686	538.13 - 538.13	TITLE II Subtitle A	General Provisions
3687	538.14 - 538.16	TITLE II Subtitle A SEC. 20001.	DEFINITION OF SECRETARY. In this title, the term ‘‘Secretary’’ means the Secretary of Agriculture.
3688	538.17 - 538.17	TITLE II Subtitle B	Conservation
3689	538.18 - 538.19	TITLE II Subtitle B SEC. 21001.	ADDITIONAL AGRICULTURAL CONSERVATION INVESTMENTS.
3690	538.20 - 538.25	SEC. 21001.(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)
3691	539.1 - 539.6	SEC. 21001.(a)(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)
3692	539.7 - 539.7	SEC. 21001.(a)(1)(A)(i)	$250,000,000 for fiscal year 2023;
3693	539.8 - 539.8	SEC. 21001.(a)(1)(A)(ii)	$1,750,000,000 for fiscal year 2024;
3694	539.9 - 539.10	SEC. 21001.(a)(1)(A)(iii)	$3,000,000,000 for fiscal year 2025; and
3695	539.11 - 539.12	SEC. 21001.(a)(1)(A)(iv)	$3,450,000,000 for fiscal year 2026; and
3696	539.13 - 539.14	SEC. 21001.(a)(1)(B)	subject to the conditions on the use of the funds that
3697	539.15 - 539.17	SEC. 21001.(a)(1)(B)(i)	section 1240B(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa– 2(f)(1)) shall not apply;
3698	539.18 - 539.20	SEC. 21001.(a)(1)(B)(ii)	section 1240H(c)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa– 8(c)(2)) shall be applied
3699	539.21 - 539.22	SEC. 21001.(a)(1)(B)(ii)(I)	by substituting ‘‘$50,000,000’’ for ‘‘$25,000,000’’; and
3700	539.23 - 540.2	SEC. 21001.(a)(1)(B)(ii)(II)	with the Secretary prioritizing proposals that utilize diet and feed management to reduce enteric methane emissions from ruminants; and
3701	540.3 - 540.10	SEC. 21001.(a)(1)(B)(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;
3702	540.11 - 540.15	SEC. 21001.(a)(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)
3703	540.16 - 540.16	SEC. 21001.(a)(2)(A)(i)	$250,000,000 for fiscal year 2023;
3704	540.17 - 540.17	SEC. 21001.(a)(2)(A)(ii)	$500,000,000 for fiscal year 2024;
3705	540.18 - 540.19	SEC. 21001.(a)(2)(A)(iii)	$1,000,000,000 for fiscal year 2025; and
3706	540.20 - 540.21	SEC. 21001.(a)(2)(A)(iv)	$1,500,000,000 for fiscal year 2026; and
3707	540.22 - 541.5	SEC. 21001.(a)(2)(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;
3708	541.6 - 541.13	SEC. 21001.(a)(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
3709	541.14 - 541.14	SEC. 21001.(a)(3)(A)	$100,000,000 for fiscal year 2023;
3710	541.15 - 541.15	SEC. 21001.(a)(3)(B)	$200,000,000 for fiscal year 2024;
3711	541.16 - 541.16	SEC. 21001.(a)(3)(C)	$500,000,000 for fiscal year 2025; and
3712	541.17 - 541.17	SEC. 21001.(a)(3)(D)	$600,000,000 for fiscal year 2026; and
3713	541.18 - 541.22	SEC. 21001.(a)(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)
3714	541.23 - 541.23	SEC. 21001.(a)(4)(A)(i)	$250,000,000 for fiscal year 2023;
3715	541.24 - 541.24	SEC. 21001.(a)(4)(A)(ii)	$800,000,000 for fiscal year 2024;
3716	542.1 - 542.2	SEC. 21001.(a)(4)(A)(iii)	$1,500,000,000 for fiscal year 2025; and
3717	542.3 - 542.4	SEC. 21001.(a)(4)(A)(iv)	$2,400,000,000 for fiscal year 2026; and
3718	542.5 - 542.6	SEC. 21001.(a)(4)(B)	subject to the conditions on the use of the funds that
3719	542.7 - 542.9	SEC. 21001.(a)(4)(B)(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
3720	542.10 - 542.21	SEC. 21001.(a)(4)(B)(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.
3721	542.22 - 542.24	SEC. 21001.(b)	CONDITIONS. The funds made available under subsection (a) are subject to the conditions that the Secretary shall not
3722	542.25 - 542.25	SEC. 21001.(b)(1)	enter into any agreement
3723	543.1 - 543.2	SEC. 21001.(b)(1)(A)	that is for a term extending beyond September 30, 2031; or
3724	543.3 - 543.5	SEC. 21001.(b)(1)(B)	under which any payment could be outlaid or funds disbursed after September 30, 2031; or
3725	543.6 - 543.8	SEC. 21001.(b)(2)	use any other funds available to the Secretary to satisfy obligations initially made under this section.
3726	543.9 - 543.9	SEC. 21001.(c)	CONFORMING AMENDMENTS.
3727	543.10 - 543.11	SEC. 21001.(c)(1)	Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended
3728	543.12 - 543.13	SEC. 21001.(c)(1)(A)	in subsection (a), by striking ‘‘2023’’ and inserting ‘‘2031’’; and
3729	543.14 - 543.14	SEC. 21001.(c)(1)(B)	in subsection (f)(2)(B)
3730	543.15 - 543.16	SEC. 21001.(c)(1)(B)(i)	in the subparagraph heading, by striking ‘‘2023’’ and inserting ‘‘2031’’; and
3731	543.17 - 543.18	SEC. 21001.(c)(1)(B)(ii)	by striking ‘‘2023’’ and inserting ‘‘2031’’.
3732	543.19 - 543.21	SEC. 21001.(c)(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’’.
3733	543.22 - 543.25	SEC. 21001.(c)(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’’.
3734	544.1 - 544.3	SEC. 21001.(c)(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’’.
3735	544.4 - 544.5	SEC. 21001.(c)(5)	Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended
3736	544.6 - 544.6	SEC. 21001.(c)(5)(A)	in subsection (a)
3737	544.7 - 544.9	SEC. 21001.(c)(5)(A)(i)	in the matter preceding paragraph (1), by striking ‘‘2023’’ and inserting ‘‘2031’’;
3739	544.10 - 544.11	SEC. 21001.(c)(5)(A)(ii)	in paragraph (2)(F), by striking ‘‘2023’’ and inserting ‘‘2031’’; and
3740	544.12 - 544.15	SEC. 21001.(c)(5)(A)(iii)	in paragraph (3), by striking ‘‘fiscal year 2023’’ each place it appears and inserting ‘‘each of fiscal years 2023 through 2031’’;
3741	544.16 - 544.17	SEC. 21001.(c)(5)(B)	in subsection (b), by striking ‘‘2023’’ and inserting ‘‘2031’’; and
3742	544.18 - 544.18	SEC. 21001.(c)(5)(C)	in subsection (h)
3743	544.19 - 544.21	SEC. 21001.(c)(5)(C)(i)	in paragraph (1)(B), in the subparagraph heading, by striking ‘‘2023’’ and inserting ‘‘2031’’; and
3744	544.22 - 544.23	SEC. 21001.(c)(5)(C)(ii)	by striking ‘‘2023’’ each place it appears and inserting ‘‘2031’’.
3745	545.1 - 545.3	SEC. 21001.(c)(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’’.
3746	545.4 - 545.6	SEC. 21001.(c)(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’’.
3747	545.7 - 545.7	TITLE II Subtitle B SEC. 21002.	CONSERVATION TECHNICAL ASSISTANCE.
3748	545.8 - 545.14	SEC. 21002.(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)
3749	545.15 - 545.17	SEC. 21002.(a)(1)	$1,000,000,000 to provide conservation technical assistance through the Natural Resources Conservation Service; and
3750	545.18 - 546.4	SEC. 21002.(a)(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.
3751	546.5 - 546.7	SEC. 21002.(b)	CONDITIONS. The funds made available under this section are subject to the conditions that the Secretary shall not
3752	546.8 - 546.8	SEC. 21002.(b)(1)	enter into any agreement
3753	546.9 - 546.10	SEC. 21002.(b)(1)(A)	that is for a term extending beyond September 30, 2031; or
3754	546.11 - 546.13	SEC. 21002.(b)(1)(B)	under which any payment could be outlaid or funds disbursed after September 30, 2031;
3755	546.14 - 546.16	SEC. 21002.(b)(2)	use any other funds available to the Secretary to satisfy obligations initially made under this section; or
3756	546.17 - 546.20	SEC. 21002.(b)(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.
3757	546.21 - 547.2	SEC. 21002.(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.
3758	547.3 - 547.4	TITLE II Subtitle C	Rural Development and Agricultural Credit
3759	547.5 - 547.9	TITLE II Subtitle C SEC. 22001.	ADDITIONAL FUNDING FOR ELECTRIC LOANS FOR RENEWABLE ENERGY. 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:
3761	547.10 - 547.11	[TITLE II Subtitle C SEC. 22001.] (h)	ADDITIONAL FUNDING FOR ELECTRIC LOANS FOR RENEWABLE ENERGY.
3762	547.12 - 548.2	[TITLE II Subtitle C SEC. 22001.] (h)(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).
3763	548.3 - 548.6	[TITLE II Subtitle C SEC. 22001.] (h)(2)	LIMITATION. The Secretary shall not enter into any loan agreement pursuant this subsection that could result in disbursements after September 30, 2031.
3764	548.7 - 548.9	[TITLE II Subtitle C SEC. 22001.] (h)(3)	EXCEPTION. The Secretary shall establish criteria for waiving the 50 percent limitation described in paragraph (1).’’.
3765	548.10 - 548.10	TITLE II Subtitle C SEC. 22002.	RURAL ENERGY FOR AMERICA PROGRAM.
3766	548.11 - 548.18	SEC. 22002.(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
3767	548.19 - 548.20	SEC. 22002.(a)(1)	$820,250,000 for fiscal year 2022, to remain available until September 30, 2031; and
3768	548.21 - 548.23	SEC. 22002.(a)(2)	$180,276,500 for each of fiscal years 2023 through 2027, to remain available until September 30, 2031.
3769	548.24 - 549.15	SEC. 22002.(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)
3770	549.16 - 549.17	SEC. 22002.(b)(1)	$144,750,000 for fiscal year 2022, to remain available until September 30, 2031; and
3771	549.18 - 549.20	SEC. 22002.(b)(2)	$31,813,500 for each of fiscal years 2023 through 2027, to remain available until September 30, 2031.
3772	549.21 - 549.22	SEC. 22002.(c)	LIMITATION. The Secretary shall not enter into, pursuant to this section
3773	549.23 - 549.24	SEC. 22002.(c)(1)	any loan agreement that may result in a disbursement after September 30, 2031; or
3774	550.1 - 550.2	SEC. 22002.(c)(2)	any grant agreement that may result in any outlay after September 30, 2031.
3775	550.3 - 550.7	TITLE II Subtitle C SEC. 22003.	BIOFUEL INFRASTRUCTURE AND AGRICULTURE PRODUCT MARKET 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:
3777	550.8 - 550.9	[TITLE II Subtitle C SEC. 22003.] (i)	BIOFUEL INFRASTRUCTURE AND AGRICULTURE PRODUCT MARKET EXPANSION.
3778	550.10 - 550.16	[TITLE II Subtitle C SEC. 22003.] (i)(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.
3779	550.17 - 551.2	[TITLE II Subtitle C SEC. 22003.] (i)(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
3780	551.3 - 551.15	[TITLE II Subtitle C SEC. 22003.] (i)(2)(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
3781	551.16 - 551.19	[TITLE II Subtitle C SEC. 22003.] (i)(2)(B)	by building and retrofitting home heating oil distribution centers or equivalent entities and distribution systems for ethanol and biodiesel blends.’’.
3782	551.20 - 551.24	TITLE II Subtitle C SEC. 22004.	USDA ASSISTANCE FOR RURAL ELECTRIC COOPERATIVES. 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:
3784	552.1 - 552.2	[TITLE II Subtitle C SEC. 22004.] (j)	USDA ASSISTANCE FOR RURAL ELECTRIC COOPERATIVES.
3785	552.3 - 553.3	[TITLE II Subtitle C SEC. 22004.] (j)(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.
3786	553.4 - 553.6	[TITLE II Subtitle C SEC. 22004.] (j)(2)	LIMITATION. No eligible entity may receive an amount equal to more than 10 percent of the total amount made available by this subsection.
3787	553.7 - 553.11	[TITLE II Subtitle C SEC. 22004.] (j)(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.
3788	553.12 - 553.16	[TITLE II Subtitle C SEC. 22004.] (j)(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.
3789	553.17 - 553.18	[TITLE II Subtitle C SEC. 22004.] (j)(5)	DISBURSEMENTS. The Secretary shall not enter into, pursuant to this subsection
3790	553.19 - 553.20	[TITLE II Subtitle C SEC. 22004.] (j)(5)(A)	any loan agreement that may result in a disbursement after September 30, 2031; or
3791	553.21 - 553.22	[TITLE II Subtitle C SEC. 22004.] (j)(5)(B)	any grant agreement that may result in any outlay after September 30, 2031.’’.
3792	554.1 - 554.10	TITLE II Subtitle C SEC. 22005.	ADDITIONAL USDA RURAL DEVELOPMENT ADMINISTRATIVE FUNDS. 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.
3793	554.11 - 555.2	TITLE II Subtitle C SEC. 22006.	FARM LOAN IMMEDIATE RELIEF FOR BORROWERS WITH AT-RISK 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.
3794	555.3 - 555.8	TITLE II Subtitle C SEC. 22007.	USDA ASSISTANCE AND SUPPORT FOR UNDERSERVED FARMERS, 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:
3796	555.9 - 555.10	[TITLE II Subtitle C SEC. 22007.] SEC. 1006.	USDA ASSISTANCE AND SUPPORT FOR UNDERSERVED FARMERS, RANCHERS, FORESTERS.
3797	555.11 - 555.24	[TITLE II Subtitle C SEC. 22007.] SEC. 1006.(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.
3798	556.1 - 556.12	[TITLE II Subtitle C SEC. 22007.] SEC. 1006.(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.
3799	556.13 - 556.20	[TITLE II Subtitle C SEC. 22007.] SEC. 1006.(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.
3800	556.21 - 557.21	[TITLE II Subtitle C SEC. 22007.] SEC. 1006.(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).
3802	557.22 - 558.13	[TITLE II Subtitle C SEC. 22007.] SEC. 1006.(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.
3803	558.14 - 558.21	[TITLE II Subtitle C SEC. 22007.] SEC. 1006.(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.
3804	558.22 - 558.24	[TITLE II Subtitle C SEC. 22007.] SEC. 1006.(g)	LIMITATION. The funds made available under this section are subject to the condition that the Secretary shall not
3805	559.1 - 559.3	[TITLE II Subtitle C SEC. 22007.] SEC. 1006.(g)(1)	enter into any agreement under which any payment could be outlaid or funds disbursed after September 30, 2031; or
3806	559.4 - 559.6	[TITLE II Subtitle C SEC. 22007.] SEC. 1006.(g)(2)	use any other funds available to the Secretary to satisfy obligations initially made under this section.’’.
3807	559.7 - 559.9	TITLE II Subtitle C SEC. 22008.	REPEAL OF FARM LOAN ASSISTANCE. Section 1005  of the American Rescue Plan Act of 2021 (7 U.S.C. 1921 note; Public Law 117–2) is repealed.
3809	559.10 - 559.10	TITLE II Subtitle D	Forestry
3810	559.11 - 559.12	TITLE II Subtitle D SEC. 23001.	"NATIONAL FOREST SYSTEM RESTORATION AND FUELS REDUCTION PROJECTS."
3811	559.13 - 559.17	SEC. 23001.(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
3812	559.18 - 559.20	SEC. 23001.(a)(1)	$1,800,000,000 for hazardous fuels reduction projects on National Forest System land within the wildland-urban interface;
3813	559.21 - 560.2	SEC. 23001.(a)(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));
3814	560.3 - 560.7	SEC. 23001.(a)(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
3815	560.8 - 560.11	SEC. 23001.(a)(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.
3816	560.12 - 560.14	SEC. 23001.(b)	RESTRICTIONS. None of the funds made available by paragraph (1) or (2) of subsection (a) may be used for any activity
3817	560.15 - 560.16	SEC. 23001.(b)(1)	conducted in a wilderness area or wilderness study area;
3818	560.17 - 560.18	SEC. 23001.(b)(2)	that includes the construction of a permanent road or motorized trail;
3819	560.19 - 560.22	SEC. 23001.(b)(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
3820	560.23 - 560.24	SEC. 23001.(b)(3)(A)	the date on which the temporary road is no longer needed; and
3821	561.1 - 561.2	SEC. 23001.(b)(3)(B)	the date on which the project for which the temporary road was constructed is completed;
3822	561.3 - 561.4	SEC. 23001.(b)(4)	inconsistent with the applicable land management plan;
3823	561.5 - 561.9	SEC. 23001.(b)(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
3824	561.10 - 561.12	SEC. 23001.(b)(6)	carried out on any land that is not National Forest System land, including other forested land on Federal, State, Tribal, or private land.
3825	561.13 - 561.17	SEC. 23001.(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.
3826	561.18 - 561.18	SEC. 23001.(d)	COST-SHARING WAIVER.
3827	561.19 - 561.21	SEC. 23001.(d)(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.
3828	561.22 - 561.23	SEC. 23001.(d)(2)	PROJECT DESCRIBED. A project referred to in paragraph (1) is a project that
3829	561.24 - 561.25	SEC. 23001.(d)(2)(A)	is carried out using funds made available under this section;
3830	562.1 - 562.3	SEC. 23001.(d)(2)(B)	requires a partnership agreement, including a cooperative agreement or mutual interest agreement; and
3831	562.4 - 562.5	SEC. 23001.(d)(2)(C)	is subject to a non-Federal cost-share requirement.
3832	562.6 - 562.6	SEC. 23001.(e)	DEFINITIONS. In this section:
3833	562.7 - 562.8	SEC. 23001.(e)(1)	DECOMMISSION. The term ‘‘decommission’’ means, with respect to a road
3834	562.9 - 562.10	SEC. 23001.(e)(1)(A)	reestablishing native vegetation on the road;
3835	562.11 - 562.16	SEC. 23001.(e)(1)(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
3836	562.17 - 562.18	SEC. 23001.(e)(1)(C)	effectively blocking the road to vehicular traffic, where feasible.
3837	562.19 - 562.22	SEC. 23001.(e)(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).
3838	562.23 - 563.2	SEC. 23001.(e)(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.
3839	563.3 - 563.6	SEC. 23001.(e)(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).
3840	563.7 - 563.14	SEC. 23001.(e)(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.
3841	563.15 - 563.18	SEC. 23001.(e)(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).
3842	563.19 - 563.20	TITLE II Subtitle D SEC. 23002.	COMPETITIVE GRANTS FOR NON-FEDERAL FOREST LANDOWNERS.
3843	563.21 - 563.25	SEC. 23002.(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
3844	564.1 - 564.8	SEC. 23002.(a)(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;
3845	564.9 - 564.16	SEC. 23002.(a)(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;
3846	564.17 - 564.25	SEC. 23002.(a)(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;
3847	565.1 - 565.11	SEC. 23002.(a)(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
3848	565.12 - 565.14	SEC. 23002.(a)(4)(A)	those payments shall not preclude landowners from participation in other public and private sector financial incentive programs; and
3849	565.15 - 565.16	SEC. 23002.(a)(4)(B)	subsection (h) of that section shall not apply; and
3850	565.17 - 565.24	SEC. 23002.(a)(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
3851	566.1 - 566.2	SEC. 23002.(a)(5)(A)	the amount of such a grant shall be not more than $5,000,000; and
3852	566.3 - 566.7	SEC. 23002.(a)(5)(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.
3853	566.8 - 566.13	SEC. 23002.(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.
3854	566.14 - 566.18	SEC. 23002.(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.
3855	566.19 - 566.20	TITLE II Subtitle D SEC. 23003.	STATE AND PRIVATE FORESTRY CONSERVATION PROGRAMS.
3856	566.21 - 566.25	SEC. 23003.(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
3857	567.1 - 567.5	SEC. 23003.(a)(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
3858	567.6 - 567.17	SEC. 23003.(a)(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.
3859	567.18 - 567.20	SEC. 23003.(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.
3860	567.21 - 567.23	TITLE II Subtitle D SEC. 23004.	LIMITATION. The funds made available under this subtitle are subject to the condition that the Secretary shall not
3861	567.24 - 567.24	SEC. 23004.(1)	enter into any agreement
3862	568.1 - 568.2	SEC. 23004.(1)(A)	that is for a term extending beyond September 30, 2031; or
3863	568.3 - 568.5	SEC. 23004.(1)(B)	under which any payment could be outlaid or funds disbursed after September 30, 2031; or
3864	568.6 - 568.8	SEC. 23004.(2)	use any other funds available to the Secretary to satisfy obligations initially made under this subtitle.
3865	568.9 - 568.16	TITLE II Subtitle D SEC. 23005.	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, 2031, for administrative costs of the agencies and offices of the Department of Agriculture for costs related to implementing this subtitle.
3866	568.17 - 568.19	TITLE III	COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS
3867	568.20 - 569.2	TITLE III SEC. 30001.	ENHANCED USE OF DEFENSE PRODUCTION ACT OF 1950. 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.).
3868	569.3 - 569.5	TITLE III SEC. 30002.	IMPROVING ENERGY EFFICIENCY OR WATER EFFICIENCY OR CLIMATE RESILIENCE OF AFFORDABLE HOUSING.
3869	569.6 - 569.10	SEC. 30002.(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
3870	569.11 - 569.23	SEC. 30002.(a)(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;
3871	569.24 - 570.3	SEC. 30002.(a)(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;
3872	570.4 - 570.6	SEC. 30002.(a)(3)	$60,000,000, to remain available until September 30, 2029, for expenses of contracts or cooperative agreements administered by the Secretary; and
3873	570.7 - 570.15	SEC. 30002.(a)(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.
3874	570.16 - 570.20	SEC. 30002.(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.
3875	570.21 - 570.21	SEC. 30002.(c)	DEFINITIONS. As used in this section
3876	570.22 - 570.23	SEC. 30002.(c)(1)	the term ‘‘eligible recipient’’ means any owner or sponsor of an eligible property; and
3877	570.24 - 570.25	SEC. 30002.(c)(2)	the term ‘‘eligible property’’ means a property assisted pursuant to
3878	571.1 - 571.2	SEC. 30002.(c)(2)(A)	section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
3879	571.3 - 571.6	SEC. 30002.(c)(2)(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;
3880	571.7 - 571.9	SEC. 30002.(c)(2)(C)	section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
3881	571.10 - 571.11	SEC. 30002.(c)(2)(D)	section 8(b) of the United States Housing Act of 1937 (42 U.S.C. 1437f(b));
3882	571.12 - 571.13	SEC. 30002.(c)(2)(E)	section 236 of the National Housing Act (12 U.S.C. 1715z–1); or
3883	571.14 - 571.16	SEC. 30002.(c)(2)(F)	a Housing Assistance Payments contract for Project-Based Rental Assistance in fiscal year 2021.
3884	571.17 - 571.22	SEC. 30002.(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.
3885	571.23 - 572.3	SEC. 30002.(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.
3886	572.4 - 572.6	TITLE IV	COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
3887	572.7 - 572.8	TITLE IV SEC. 40001.	INVESTING IN COASTAL COMMUNITIES AND CLIMATE RESILIENCE.
3888	572.9 - 573.4	SEC. 40001.(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.
3889	573.5 - 573.13	SEC. 40001.(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).
3890	573.14 - 573.16	TITLE IV SEC. 40002.	FACILITIES OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND NATIONAL MARINE SANCTUARIES.
3891	573.17 - 573.25	SEC. 40002.(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."
3892	574.1 - 574.9	SEC. 40002.(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))."
3893	574.10 - 574.20	TITLE IV SEC. 40003.	NOAA EFFICIENT AND EFFECTIVE REVIEWS. 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.
3894	574.21 - 574.22	TITLE IV SEC. 40004.	OCEANIC AND ATMOSPHERIC RESEARCH AND FORECASTING FOR WEATHER AND CLIMATE.
3895	574.23 - 575.10	SEC. 40004.(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.
3896	575.11 - 575.21	SEC. 40004.(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.
3897	575.22 - 576.11	TITLE IV SEC. 40005.	COMPUTING CAPACITY AND RESEARCH FOR WEATHER, OCEANS, AND 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.
3898	576.12 - 576.21	TITLE IV SEC. 40006.	ACQUISITION OF HURRICANE FORECASTING AIRCRAFT. 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)).
3899	576.22 - 576.23	TITLE IV SEC. 40007.	ALTERNATIVE FUEL AND LOW-EMISSION AVIATION TECHNOLOGY PROGRAM.
3900	576.24 - 577.7	SEC. 40007.(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
3901	577.8 - 577.10	SEC. 40007.(a)(1)	$244,530,000 for projects relating to the production, transportation, blending, or storage of sustainable aviation fuel;
3902	577.11 - 577.12	SEC. 40007.(a)(2)	$46,530,000 for projects relating to low-emission aviation technologies; and
3903	577.13 - 577.15	SEC. 40007.(a)(3)	$5,940,000 to fund the award of grants under this section, and oversight of the program, by the Secretary.
3904	577.16 - 577.18	SEC. 40007.(b)	CONSIDERATIONS. In carrying out subsection (a), the Secretary shall consider, with respect to a proposed project
3905	577.19 - 577.23	SEC. 40007.(b)(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;
3906	577.24 - 578.4	SEC. 40007.(b)(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;
3907	578.5 - 578.6	SEC. 40007.(b)(3)	the capacity to create new jobs and develop supply chain partnerships in the United States;
3908	578.7 - 578.12	SEC. 40007.(b)(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
3909	578.13 - 578.15	SEC. 40007.(b)(5)	the benefits of ensuring a diversity of feedstocks for sustainable aviation fuel, including the use of waste carbon oxides and direct air capture.
3910	578.16 - 578.22	SEC. 40007.(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.
3911	578.23 - 579.3	SEC. 40007.(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.
3912	579.4 - 579.4	SEC. 40007.(e)	DEFINITIONS. In this section:
3913	579.5 - 579.6	SEC. 40007.(e)(1)	ELIGIBLE ENTITY. The term ‘‘eligible entity’’ means
3914	579.7 - 579.9	SEC. 40007.(e)(1)(A)	a State or local government, including the District of Columbia, other than an airport sponsor;
3915	579.10 - 579.10	SEC. 40007.(e)(1)(B)	an air carrier;
3916	579.11 - 579.11	SEC. 40007.(e)(1)(C)	an airport sponsor;
3917	579.12 - 579.13	SEC. 40007.(e)(1)(D)	an accredited institution of higher education;
3918	579.14 - 579.14	SEC. 40007.(e)(1)(E)	a research institution;
3919	579.15 - 579.19	SEC. 40007.(e)(1)(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;
3920	579.20 - 579.22	SEC. 40007.(e)(1)(G)	a person or entity engaged in the development, demonstration, or application of lowemission aviation technologies; or
3921	579.23 - 580.2	SEC. 40007.(e)(1)(H)	nonprofit entities or nonprofit consortia with experience in sustainable aviation fuels, low-emission aviation technologies, or other clean transportation research programs.
3922	580.3 - 580.5	SEC. 40007.(e)(2)	FEEDSTOCK. The term ‘‘feedstock’’ means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals.
3923	580.6 - 580.12	SEC. 40007.(e)(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.
3924	580.13 - 580.20	SEC. 40007.(e)(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.
3925	580.21 - 580.24	SEC. 40007.(e)(5)	LOW-EMISSION AVIATION TECHNOLOGIES. The term ‘‘low-emission aviation technologies’’ means technologies, produced in the United States, that significantly
3926	580.25 - 580.25	SEC. 40007.(e)(5)(A)	improve aircraft fuel efficiency;
3927	581.1 - 581.2	SEC. 40007.(e)(5)(B)	increase utilization of sustainable aviation fuel; or
3928	581.3 - 581.4	SEC. 40007.(e)(5)(C)	reduce greenhouse gas emissions produced during operation of civil aircraft.
3929	581.5 - 581.6	SEC. 40007.(e)(6)	SECRETARY. The term ‘‘Secretary’’ means the Secretary of Transportation.
3930	581.7 - 581.9	SEC. 40007.(e)(7)	SUSTAINABLE AVIATION FUEL. The term ‘‘sustainable aviation fuel’’ means liquid fuel, produced in the United States, that
3931	581.10 - 581.10	SEC. 40007.(e)(7)(A)	consists of synthesized hydrocarbons;
3932	581.11 - 581.11	SEC. 40007.(e)(7)(B)	meets the requirements of
3933	581.12 - 581.13	SEC. 40007.(e)(7)(B)(i)	ASTM International Standard D7566; or
3934	581.14 - 581.16	SEC. 40007.(e)(7)(B)(ii)	the co-processing provisions of ASTM International Standard D1655, Annex A1 (or such successor standard);
3935	581.17 - 581.21	SEC. 40007.(e)(7)(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;
3936	581.22 - 581.23	SEC. 40007.(e)(7)(D)	is not derived from palm fatty acid distillates; and
3937	581.24 - 582.2	SEC. 40007.(e)(7)(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
3938	582.3 - 582.11	SEC. 40007.(e)(7)(E)(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
3939	582.12 - 582.18	SEC. 40007.(e)(7)(E)(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
3940	582.19 - 582.21	SEC. 40007.(e)(7)(E)(ii)(I)	reflective of the latest scientific understanding of lifecycle greenhouse gas emissions; and
3941	582.22 - 582.23	SEC. 40007.(e)(7)(E)(ii)(II)	as stringent as the requirement under clause (i).
3942	583.1 - 583.3	TITLE V	COMMITTEE ON ENERGY AND NATURAL RESOURCES
3943	583.4 - 583.4	TITLE V Subtitle A	Energy
3944	583.5 - 583.5	TITLE V Subtitle A PART 1	GENERAL PROVISIONS
3945	583.6 - 583.7	TITLE V Subtitle A PART 1 SEC. 50111.	DEFINITIONS. In this subtitle:
3946	583.8 - 583.11	SEC. 50111.(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)).
3947	583.12 - 583.13	SEC. 50111.(2)	SECRETARY. The term ‘‘Secretary’’ means the Secretary of Energy.
3948	583.14 - 583.16	SEC. 50111.(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).
3949	583.17 - 583.20	SEC. 50111.(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)).
3950	583.21 - 583.25	SEC. 50111.(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).
3951	584.1 - 584.2	TITLE V Subtitle A PART 2	RESIDENTIAL EFFICIENCY AND ELECTRIFICATION REBATES
3952	584.3 - 584.4	TITLE V Subtitle A PART 2 SEC. 50121.	HOME ENERGY PERFORMANCE-BASED, WHOLEHOUSE REBATES.
3953	584.5 - 584.5	SEC. 50121.(a)	APPROPRIATION.
3954	584.6 - 584.12	SEC. 50121.(a)(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.
3955	584.13 - 584.13	SEC. 50121.(a)(2)	ALLOCATION OF FUNDS.
3956	584.14 - 584.16	SEC. 50121.(a)(2)(A)	IN GENERAL. The Secretary shall reserve funds made available under paragraph (1) for each State energy office
3957	584.17 - 584.19	SEC. 50121.(a)(2)(A)(i)	in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and
3958	584.20 - 584.22	SEC. 50121.(a)(2)(A)(ii)	to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.
3959	584.23 - 585.5	SEC. 50121.(a)(2)(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).
3960	585.6 - 585.8	SEC. 50121.(a)(3)	ADMINISTRATIVE EXPENSES. Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for
3961	585.9 - 585.9	SEC. 50121.(a)(3)(A)	administrative purposes; and
3962	585.10 - 585.11	SEC. 50121.(a)(3)(B)	providing technical assistance relating to activities carried out under this section.
3963	585.12 - 585.15	SEC. 50121.(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
3964	585.16 - 585.21	SEC. 50121.(b)(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;
3965	585.22 - 586.3	SEC. 50121.(b)(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;
3966	586.4 - 586.5	SEC. 50121.(b)(3)	to value savings based on time, location, or greenhouse gas emissions;
3967	586.6 - 586.8	SEC. 50121.(b)(4)	for quality monitoring to ensure that each home energy efficiency retrofit for which a rebate is provided is documented in a certificate that
3968	586.9 - 586.10	SEC. 50121.(b)(4)(A)	is provided by the contractor and certified by a third party to the homeowner; and
3969	586.11 - 586.14	SEC. 50121.(b)(4)(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;
3970	586.15 - 586.20	SEC. 50121.(b)(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
3971	586.21 - 586.25	SEC. 50121.(b)(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).
3973	587.1 - 587.1	SEC. 50121.(c)	HOMES REBATE PROGRAM.
3974	587.2 - 587.8	SEC. 50121.(c)(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.
3975	587.9 - 587.11	SEC. 50121.(c)(2)	AMOUNT OF REBATE. Subject to paragraph (3), under a HOMES rebate program, the amount of a rebate shall not exceed
3977	587.12 - 587.14	SEC. 50121.(c)(2)(A)	for individuals and aggregators carrying out energy efficiency upgrades of singlefamily homes
3978	587.15 - 587.18	SEC. 50121.(c)(2)(A)(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
3979	587.19 - 587.19	SEC. 50121.(c)(2)(A)(i)(I)	$2,000; and
3980	587.20 - 587.20	SEC. 50121.(c)(2)(A)(i)(II)	50 percent of the project cost;
3981	587.21 - 587.23	SEC. 50121.(c)(2)(A)(ii)	in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, the lesser of
3982	587.24 - 587.24	SEC. 50121.(c)(2)(A)(ii)(I)	$4,000; and
3983	588.1 - 588.2	SEC. 50121.(c)(2)(A)(ii)(II)	50 percent of the project cost; and
3984	588.3 - 588.6	SEC. 50121.(c)(2)(A)(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
3985	588.7 - 588.11	SEC. 50121.(c)(2)(A)(iii)(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
3986	588.12 - 588.12	SEC. 50121.(c)(2)(A)(iii)(II)	50 percent of the project cost;
3987	588.13 - 588.15	SEC. 50121.(c)(2)(B)	for multifamily building owners and aggregators carrying out energy efficiency upgrades of multifamily buildings
3988	588.16 - 588.21	SEC. 50121.(c)(2)(B)(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;
3989	588.22 - 589.2	SEC. 50121.(c)(2)(B)(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
3990	589.3 - 589.6	SEC. 50121.(c)(2)(B)(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
3991	589.7 - 589.12	SEC. 50121.(c)(2)(B)(iii)(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
3992	589.13 - 589.14	SEC. 50121.(c)(2)(B)(iii)(II)	50 percent of the project cost; and
3993	589.15 - 589.21	SEC. 50121.(c)(2)(C)	for individuals and aggregators carrying out energy efficiency upgrades of a singlefamily 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
3994	589.22 - 589.25	SEC. 50121.(c)(2)(C)(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
3995	590.1 - 590.2	SEC. 50121.(c)(2)(C)(i)(I)	$4,000 per single-family home or dwelling unit; and
3996	590.3 - 590.3	SEC. 50121.(c)(2)(C)(i)(II)	80 percent of the project cost;
3997	590.4 - 590.6	SEC. 50121.(c)(2)(C)(ii)	in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, the lesser of
3998	590.7 - 590.8	SEC. 50121.(c)(2)(C)(ii)(I)	$8,000 per single-family home or dwelling unit; and
3999	590.9 - 590.10	SEC. 50121.(c)(2)(C)(ii)(II)	80 percent of the project cost; and
4000	590.11 - 590.16	SEC. 50121.(c)(2)(C)(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
4001	590.17 - 590.24	SEC. 50121.(c)(2)(C)(iii)(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
4002	590.25 - 590.25	SEC. 50121.(c)(2)(C)(iii)(II)	80 percent of the project cost.
4003	591.1 - 591.7	SEC. 50121.(c)(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.
4004	591.8 - 591.12	SEC. 50121.(c)(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.
4005	591.13 - 591.16	SEC. 50121.(c)(5)	DATA ACCESS GUIDELINES. The Secretary shall develop and publish guidelines for States relating to residential electric and natural gas energy data sharing.
4006	591.17 - 591.21	SEC. 50121.(c)(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.
4007	591.22 - 592.3	SEC. 50121.(c)(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.
4008	592.4 - 592.4	SEC. 50121.(d)	DEFINITIONS. In this section:
4009	592.5 - 592.9	SEC. 50121.(d)(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.
4010	592.10 - 592.15	SEC. 50121.(d)(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.
4011	592.16 - 592.25	SEC. 50121.(d)(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.
4012	593.1 - 593.2	TITLE V Subtitle A PART 2 SEC. 50122.	HIGH-EFFICIENCY ELECTRIC HOME REBATE PROGRAM.
4013	593.3 - 593.3	SEC. 50122.(a)	APPROPRIATIONS.
4014	593.4 - 593.8	SEC. 50122.(a)(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
4015	593.9 - 593.13	SEC. 50122.(a)(1)(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
4016	593.14 - 593.18	SEC. 50122.(a)(1)(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.
4017	593.19 - 593.19	SEC. 50122.(a)(2)	ALLOCATION OF FUNDS.
4018	593.20 - 593.22	SEC. 50122.(a)(2)(A)	STATE ENERGY OFFICES. The Secretary shall reserve funds made available under paragraph (1)(A) for each State energy office
4019	593.23 - 593.25	SEC. 50122.(a)(2)(A)(i)	in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and
4020	594.1 - 594.3	SEC. 50122.(a)(2)(A)(ii)	to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.
4021	594.4 - 594.6	SEC. 50122.(a)(2)(B)	INDIAN TRIBES. The Secretary shall reserve funds made available under paragraph (1)(B)
4023	594.7 - 594.8	SEC. 50122.(a)(2)(B)(i)	in a manner determined appropriate by the Secretary; and
4024	594.9 - 594.11	SEC. 50122.(a)(2)(B)(ii)	to be distributed to an Indian Tribe if the application of the Indian Tribe under subsection (b) is approved.
4025	594.12 - 594.14	SEC. 50122.(a)(2)(C)	ADDITIONAL FUNDS. Not earlier than 2 years after the date of enactment of this Act, any money reserved under
4026	594.15 - 594.21	SEC. 50122.(a)(2)(C)(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
4027	594.22 - 595.3	SEC. 50122.(a)(2)(C)(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.
4028	595.4 - 595.6	SEC. 50122.(a)(3)	ADMINISTRATIVE EXPENSES. Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for
4029	595.7 - 595.7	SEC. 50122.(a)(3)(A)	administrative purposes; and
4030	595.8 - 595.9	SEC. 50122.(a)(3)(B)	providing technical assistance relating to activities carried out under this section.
4031	595.10 - 595.14	SEC. 50122.(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
4032	595.15 - 595.17	SEC. 50122.(b)(1)	a plan to verify the income eligibility of eligible entities seeking a rebate for a qualified electrification project;
4033	595.18 - 595.22	SEC. 50122.(b)(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;
4034	595.23 - 596.2	SEC. 50122.(b)(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
4035	596.3 - 596.4	SEC. 50122.(b)(4)	any additional information that the Secretary may require.
4036	596.5 - 596.6	SEC. 50122.(c)	HIGH-EFFICIENCY ELECTRIC HOME REBATE PROGRAM.
4037	596.7 - 596.12	SEC. 50122.(c)(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.
4038	596.13 - 596.17	SEC. 50122.(c)(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.
4039	596.18 - 596.18	SEC. 50122.(c)(3)	AMOUNT OF REBATE.
4040	596.19 - 596.23	SEC. 50122.(c)(3)(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
4041	596.24 - 596.25	SEC. 50122.(c)(3)(A)(i)	not more than $1,750 for a heat pump water heater;
4042	597.1 - 597.2	SEC. 50122.(c)(3)(A)(ii)	not more than $8,000 for a heat pump for space heating or cooling; and
4043	597.3 - 597.3	SEC. 50122.(c)(3)(A)(iii)	not more than $840 for
4044	597.4 - 597.5	SEC. 50122.(c)(3)(A)(iii)(I)	an electric stove, cooktop, range, or oven; or
4045	597.6 - 597.7	SEC. 50122.(c)(3)(A)(iii)(II)	an electric heat pump clothes dryer.
4046	597.8 - 597.12	SEC. 50122.(c)(3)(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
4047	597.13 - 597.14	SEC. 50122.(c)(3)(B)(i)	not more than $4,000 for an electric load service center upgrade;
4048	597.15 - 597.16	SEC. 50122.(c)(3)(B)(ii)	not more than $1,600 for insulation, air sealing, and ventilation; and
4049	597.17 - 597.18	SEC. 50122.(c)(3)(B)(iii)	not more than $2,500 for electric wiring.
4050	597.19 - 597.22	SEC. 50122.(c)(3)(C)	MAXIMUM REBATE. An eligible entity receiving multiple rebates under this section may receive not more than a total of $14,000 in rebates.
4051	597.23 - 597.24	SEC. 50122.(c)(4)	LIMITATIONS. A rebate provided using funding under this section shall not exceed
4052	598.1 - 598.2	SEC. 50122.(c)(4)(A)	in the case of an eligible entity described in subsection (d)(1)(A)
4053	598.3 - 598.7	SEC. 50122.(c)(4)(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
4054	598.8 - 598.11	SEC. 50122.(c)(4)(A)(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;
4055	598.12 - 598.13	SEC. 50122.(c)(4)(B)	in the case of an eligible entity described in subsection (d)(1)(B)
4056	598.14 - 598.20	SEC. 50122.(c)(4)(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
4057	598.21 - 599.2	SEC. 50122.(c)(4)(B)(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
4058	599.3 - 599.4	SEC. 50122.(c)(4)(C)	in the case of an eligible entity described in subsection (d)(1)(C)
4059	599.5 - 599.6	SEC. 50122.(c)(4)(C)(i)	50 percent of the cost of the qualified electrification project for a household
4060	599.7 - 599.8	SEC. 50122.(c)(4)(C)(i)(I)	on behalf of which the eligible entity is working; and
4061	599.9 - 599.12	SEC. 50122.(c)(4)(C)(i)(II)	the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and
4062	599.13 - 599.14	SEC. 50122.(c)(4)(C)(ii)	100 percent of the cost of the qualified electrification project for a household
4063	599.15 - 599.16	SEC. 50122.(c)(4)(C)(ii)(I)	on behalf of which the eligible entity is working; and
4064	599.17 - 599.19	SEC. 50122.(c)(4)(C)(ii)(II)	the annual income of which is less than 80 percent of the area median income.
4065	599.20 - 599.21	SEC. 50122.(c)(5)	AMOUNT FOR INSTALLATION OF UPGRADES.
4066	599.22 - 600.3	SEC. 50122.(c)(5)(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
4067	600.4 - 600.4	SEC. 50122.(c)(5)(A)(i)	does not exceed $500; and
4068	600.5 - 600.8	SEC. 50122.(c)(5)(A)(ii)	is commensurate with the scale of the upgrades installed as part of the qualified electrification project, as determined by the Secretary.
4069	600.9 - 600.12	SEC. 50122.(c)(5)(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).
4070	600.13 - 600.20	SEC. 50122.(c)(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.
4071	600.21 - 600.25	SEC. 50122.(c)(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.
4072	601.1 - 601.8	SEC. 50122.(c)(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.
4073	601.9 - 601.14	SEC. 50122.(c)(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.
4074	601.15 - 601.15	SEC. 50122.(d)	DEFINITIONS. In this section:
4075	601.16 - 601.17	SEC. 50122.(d)(1)	ELIGIBLE ENTITY. The term ‘‘eligible entity’’ means
4076	601.18 - 601.18	SEC. 50122.(d)(1)(A)	a low- or moderate-income household;
4077	601.19 - 601.22	SEC. 50122.(d)(1)(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
4078	601.23 - 602.2	SEC. 50122.(d)(1)(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).
4080	602.3 - 602.8	SEC. 50122.(d)(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.
4081	602.9 - 602.12	SEC. 50122.(d)(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).
4082	602.13 - 602.22	SEC. 50122.(d)(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.
4083	602.23 - 602.25	SEC. 50122.(d)(5)	PROGRAM. The term ‘‘program’’ means the program carried out by the Secretary under subsection (a)(1).
4084	603.1 - 603.1	SEC. 50122.(d)(6)	QUALIFIED ELECTRIFICATION PROJECT.
4085	603.2 - 603.3	SEC. 50122.(d)(6)(A)	IN GENERAL. The term ‘‘qualified electrification project’’ means a project that
4086	603.4 - 603.5	SEC. 50122.(d)(6)(A)(i)	includes the purchase and installation of
4087	603.6 - 603.7	SEC. 50122.(d)(6)(A)(i)(I)	an electric heat pump water heater;
4088	603.8 - 603.9	SEC. 50122.(d)(6)(A)(i)(II)	an electric heat pump for space heating and cooling;
4089	603.10 - 603.11	SEC. 50122.(d)(6)(A)(i)(III)	an electric stove, cooktop, range, or oven;
4090	603.12 - 603.13	SEC. 50122.(d)(6)(A)(i)(IV)	an electric heat pump clothes dryer;
4091	603.14 - 603.14	SEC. 50122.(d)(6)(A)(i)(V)	an electric load service center;
4092	603.15 - 603.15	SEC. 50122.(d)(6)(A)(i)(VI)	insulation;
4093	603.16 - 603.17	SEC. 50122.(d)(6)(A)(i)(VII)	air sealing and materials to improve ventilation; or
4094	603.18 - 603.18	SEC. 50122.(d)(6)(A)(i)(VIII)	electric wiring;
4095	603.19 - 603.21	SEC. 50122.(d)(6)(A)(ii)	with respect to any appliance described in clause (i), the purchase of which is carried out
4096	603.22 - 603.22	SEC. 50122.(d)(6)(A)(ii)(I)	as part of new construction;
4097	603.23 - 603.24	SEC. 50122.(d)(6)(A)(ii)(II)	to replace a nonelectric appliance; or
4098	604.1 - 604.2	SEC. 50122.(d)(6)(A)(ii)(III)	as a first-time purchase with respect to that appliance; and
4099	604.3 - 604.5	SEC. 50122.(d)(6)(A)(iii)	is carried out at, or relating to, a single-family home or multifamily building, as applicable and defined by the Secretary.
4100	604.6 - 604.14	SEC. 50122.(d)(6)(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.
4102	604.15 - 604.16	TITLE V Subtitle A PART 2 SEC. 50123.	STATE-BASED HOME ENERGY EFFICIENCY CONTRACTOR TRAINING GRANTS.
4103	604.17 - 605.7	SEC. 50123.(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.
4104	605.8 - 605.9	SEC. 50123.(b)	USE OF FUNDS. A State may use amounts received under subsection (a)
4105	605.10 - 605.11	SEC. 50123.(b)(1)	to reduce the cost of training contractor employees;
4106	605.12 - 605.15	SEC. 50123.(b)(2)	to provide testing and certification of contractors trained and educated under a State program developed and implemented pursuant to subsection (a); and
4108	605.16 - 605.18	SEC. 50123.(b)(3)	to partner with nonprofit organizations to develop and implement a State program pursuant to subsection (a).
4109	605.19 - 605.23	SEC. 50123.(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.
4110	606.1 - 606.1	TITLE V Subtitle A PART 3	BUILDING EFFICIENCY AND RESILIENCE
4111	606.2 - 606.3	TITLE V Subtitle A PART 3 SEC. 50131.	ASSISTANCE FOR LATEST AND ZERO BUILDING ENERGY CODE ADOPTION.
4112	606.4 - 606.7	SEC. 50131.(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
4113	606.8 - 606.12	SEC. 50131.(a)(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
4114	606.13 - 606.17	SEC. 50131.(a)(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).
4115	606.18 - 606.21	SEC. 50131.(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
4116	606.22 - 606.22	SEC. 50131.(b)(1)	to adopt
4117	606.23 - 606.26	SEC. 50131.(b)(1)(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;
4118	607.1 - 607.4	SEC. 50131.(b)(1)(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
4119	607.5 - 607.6	SEC. 50131.(b)(1)(C)	any combination of building energy codes described in subparagraph (A) or (B); and
4120	607.7 - 607.13	SEC. 50131.(b)(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.
4121	607.14 - 607.17	SEC. 50131.(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
4122	607.18 - 607.22	SEC. 50131.(c)(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
4123	607.23 - 608.4	SEC. 50131.(c)(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.
4124	608.5 - 608.10	SEC. 50131.(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.
4125	608.11 - 608.14	SEC. 50131.(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.
4126	608.15 - 608.15	TITLE V Subtitle A PART 4	DOE LOAN AND GRANT PROGRAMS
4127	608.16 - 608.17	TITLE V Subtitle A PART 4 SEC. 50141.	FUNDING FOR DEPARTMENT OF ENERGY LOAN PROGRAMS OFFICE.
4128	608.18 - 608.24	SEC. 50141.(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.
4129	609.1 - 609.9	SEC. 50141.(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.
4130	609.10 - 609.15	SEC. 50141.(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)).
4131	609.16 - 609.16	SEC. 50141.(d)	LIMITATIONS.
4132	609.17 - 609.22	SEC. 50141.(d)(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.
4133	609.23 - 610.10	SEC. 50141.(d)(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.
4134	610.11 - 610.14	SEC. 50141.(d)(3)	EXCEPTION. Paragraph (2) shall not preclude the use of the loan guarantee authority provided under this section for commitments to guarantee loans for
4135	610.15 - 610.16	SEC. 50141.(d)(3)(A)	projects benefitting from otherwise allowable Federal tax benefits;
4136	610.17 - 610.20	SEC. 50141.(d)(3)(B)	projects benefitting from being located on Federal land pursuant to a lease or right-ofway agreement for which all consideration for all uses is
4137	610.21 - 610.21	SEC. 50141.(d)(3)(B)(i)	paid exclusively in cash;
4138	610.22 - 610.23	SEC. 50141.(d)(3)(B)(ii)	deposited in the Treasury as offsetting receipts; and
4139	610.24 - 610.24	SEC. 50141.(d)(3)(B)(iii)	equal to the fair market value;
4140	611.1 - 611.3	SEC. 50141.(d)(3)(C)	projects benefitting from the Federal insurance program under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210); or
4141	611.4 - 611.9	SEC. 50141.(d)(3)(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.
4142	611.10 - 611.15	SEC. 50141.(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.
4143	611.16 - 611.18	SEC. 50141.(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:
4144	611.19 - 611.23	[SEC. 50141.(f)] (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.’’.
4145	612.1 - 612.2	TITLE V Subtitle A PART 4 SEC. 50142.	ADVANCED TECHNOLOGY VEHICLE MANUFACTURING.
4146	612.3 - 612.19	SEC. 50142.(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.
4147	612.20 - 612.23	SEC. 50142.(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).
4148	612.24 - 613.2	SEC. 50142.(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’’.
4149	613.3 - 613.4	TITLE V Subtitle A PART 4 SEC. 50143.	DOMESTIC MANUFACTURING CONVERSION GRANTS.
4150	613.5 - 613.13	SEC. 50143.(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).
4151	613.14 - 613.17	SEC. 50143.(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.
4152	613.18 - 613.22	SEC. 50143.(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).
4153	614.1 - 614.2	TITLE V Subtitle A PART 4 SEC. 50144.	ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
4154	614.3 - 614.8	SEC. 50144.(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.
4155	614.9 - 614.14	SEC. 50144.(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).
4156	614.15 - 614.18	SEC. 50144.(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:
4157	614.19 - 614.20	[SEC. 50144.(c)] SEC. 1706.	ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
4158	614.21 - 614.23	[SEC. 50144.(c)] SEC. 1706.(a)	IN GENERAL. Notwithstanding section 1703, the Secretary may make guarantees, including refinancing, under this section only for projects that
4159	614.24 - 614.25	[SEC. 50144.(c)] SEC. 1706.(a)(1)	retool, repower, repurpose, or replace energy infrastructure that has ceased operations; or
4160	615.1 - 615.3	[SEC. 50144.(c)] SEC. 1706.(a)(2)	enable operating energy infrastructure to avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases.
4161	615.4 - 615.6	[SEC. 50144.(c)] SEC. 1706.(b)	INCLUSION. A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.
4162	615.7 - 615.11	[SEC. 50144.(c)] SEC. 1706.(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.
4164	615.12 - 615.15	[SEC. 50144.(c)] SEC. 1706.(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
4165	615.16 - 615.17	[SEC. 50144.(c)] SEC. 1706.(d)(1)	a detailed plan describing the proposed project;
4166	615.18 - 615.19	[SEC. 50144.(c)] SEC. 1706.(d)(2)	an analysis of how the proposed project will engage with and affect associated communities; and
4167	615.20 - 615.24	[SEC. 50144.(c)] SEC. 1706.(d)(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.
4168	616.1 - 616.3	[SEC. 50144.(c)] SEC. 1706.(e)	TERM. Notwithstanding section 1702(f), the term of an obligation shall require full repayment over a period not to exceed 30 years.
4169	616.4 - 616.6	[SEC. 50144.(c)] SEC. 1706.(f)	DEFINITION OF ENERGY INFRASTRUCTURE. In this section, the term ‘energy infrastructure’ means a facility, and associated equipment, used for
4170	616.7 - 616.8	[SEC. 50144.(c)] SEC. 1706.(f)(1)	the generation or transmission of electric energy; or
4171	616.9 - 616.11	[SEC. 50144.(c)] SEC. 1706.(f)(2)	the production, processing, and delivery of fossil fuels, fuels derived from petroleum, or petrochemical feedstocks.’’.
4172	616.12 - 616.15	SEC. 50144.(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.
4173	616.16 - 616.16	TITLE V Subtitle A PART 4 SEC. 50145.	TRIBAL ENERGY LOAN GUARANTEE PROGRAM.
4174	616.17 - 616.24	SEC. 50145.(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).
4175	617.1 - 617.3	SEC. 50145.(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
4176	617.4 - 617.9	SEC. 50145.(b)(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
4177	617.10 - 617.11	SEC. 50145.(b)(2)	in paragraph (4), by striking ‘‘$2,000,000,000’’ and inserting ‘‘$20,000,000,000’’.
4178	617.12 - 617.12	TITLE V Subtitle A PART 5	ELECTRIC TRANSMISSION
4179	617.13 - 617.13	TITLE V Subtitle A PART 5 SEC. 50151.	TRANSMISSION FACILITY FINANCING.
4180	617.14 - 617.21	SEC. 50151.(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.
4181	617.22 - 618.6	SEC. 50151.(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)).
4182	618.7 - 618.8	SEC. 50151.(c)	LOANS. A direct loan provided under this section
4183	618.9 - 618.10	SEC. 50151.(c)(1)	shall have a term that does not exceed the lesser of
4184	618.11 - 618.12	SEC. 50151.(c)(1)(A)	90 percent of the projected useful life, in years, of the eligible transmission facility; and
4185	618.13 - 618.13	SEC. 50151.(c)(1)(B)	30 years;
4186	618.14 - 618.15	SEC. 50151.(c)(2)	shall not exceed 80 percent of the project costs; and
4187	618.16 - 618.18	SEC. 50151.(c)(3)	shall, on first issuance, be subject to the condition that the direct loan is not subordinate to other financing.
4188	618.19 - 618.24	SEC. 50151.(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.
4189	619.1 - 619.4	SEC. 50151.(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).
4190	619.5 - 619.6	TITLE V Subtitle A PART 5 SEC. 50152.	GRANTS TO FACILITATE THE SITING OF INTERSTATE ELECTRICITY TRANSMISSION LINES.
4191	619.7 - 619.13	SEC. 50152.(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.
4192	619.14 - 619.14	SEC. 50152.(b)	USE OF FUNDS.
4193	619.15 - 619.18	SEC. 50152.(b)(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:
4194	619.19 - 619.20	SEC. 50152.(b)(1)(A)	Studies and analyses of the impacts of the covered transmission project.
4195	619.21 - 619.23	SEC. 50152.(b)(1)(B)	Examination of up to 3 alternate siting corridors within which the covered transmission project feasibly could be sited.
4196	619.24 - 620.5	SEC. 50152.(b)(1)(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.
4197	620.6 - 620.11	SEC. 50152.(b)(1)(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.
4198	620.12 - 620.17	SEC. 50152.(b)(1)(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.
4199	620.18 - 621.2	SEC. 50152.(b)(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.
4200	621.3 - 621.3	SEC. 50152.(c)	CONDITIONS.
4201	621.4 - 621.12	SEC. 50152.(c)(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.
4202	621.13 - 621.15	SEC. 50152.(c)(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.
4204	621.16 - 621.18	SEC. 50152.(c)(3)	ECONOMIC DEVELOPMENT. The Secretary may only disburse grant funds for economic development activities under subsection (b)(2)
4205	621.19 - 621.21	SEC. 50152.(c)(3)(A)	to a siting authority upon approval by the siting authority of the applicable covered transmission project; and
4206	621.22 - 622.2	SEC. 50152.(c)(3)(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.
4207	622.3 - 622.7	SEC. 50152.(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.
4208	622.8 - 622.8	SEC. 50152.(e)	DEFINITIONS. In this section:
4209	622.9 - 622.12	SEC. 50152.(e)(1)	COVERED TRANSMISSION PROJECT. The term ‘‘covered transmission project’’ means a highvoltage interstate or offshore electricity transmission line
4210	622.13 - 622.14	SEC. 50152.(e)(1)(A)	that is proposed to be constructed and to operate
4211	622.15 - 622.17	SEC. 50152.(e)(1)(A)(i)	at a minimum of 275 kilovolts of either alternating-current or direct-current electric energy by an entity; or
4212	622.18 - 622.21	SEC. 50152.(e)(1)(A)(ii)	offshore and at a minimum of 200 kilovolts of either alternating-current or direct-current electric energy by an entity; and
4213	622.22 - 622.24	SEC. 50152.(e)(1)(B)	for which such entity has applied, or informed a siting authority of such entity’s intent to apply, for regulatory approval.
4214	623.1 - 623.7	SEC. 50152.(e)(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.
4215	623.8 - 623.10	TITLE V Subtitle A PART 5 SEC. 50153.	INTERREGIONAL AND OFFSHORE WIND ELECTRICITY TRANSMISSION PLANNING, MODELING, AND ANALYSIS.
4216	623.11 - 623.15	SEC. 50153.(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.
4217	623.16 - 623.17	SEC. 50153.(b)	USE OF FUNDS. The Secretary shall use amounts made available under subsection (a)
4218	623.18 - 623.22	SEC. 50153.(b)(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
4219	623.23 - 624.7	SEC. 50153.(b)(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
4220	624.8 - 624.10	SEC. 50153.(b)(2)(A)	clean energy integration into the electric grid, including the identification of renewable energy zones;
4221	624.11 - 624.13	SEC. 50153.(b)(2)(B)	the effects of changes in weather due to climate change on the reliability and resilience of the electric grid;
4222	624.14 - 624.15	SEC. 50153.(b)(2)(C)	cost allocation methodologies that facilitate the expansion of the bulk power system;
4223	624.16 - 624.18	SEC. 50153.(b)(2)(D)	the benefits of coordination between generator interconnection processes and transmission planning processes;
4224	624.19 - 624.20	SEC. 50153.(b)(2)(E)	the effect of increased electrification on the electric grid;
4225	624.21 - 624.21	SEC. 50153.(b)(2)(F)	power flow modeling;
4226	624.22 - 625.2	SEC. 50153.(b)(2)(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;
4227	625.3 - 625.5	SEC. 50153.(b)(2)(H)	the cooptimization of transmission and generation, including variable energy resources, energy storage, and demand-side management;
4228	625.6 - 625.8	SEC. 50153.(b)(2)(I)	the opportunities for use of nontransmission alternatives, energy storage, and gridenhancing technologies;
4229	625.9 - 625.13	SEC. 50153.(b)(2)(J)	economic development opportunities for communities arising from development of interregional electricity transmission and transmission of electricity that is generated by offshore wind;
4230	625.14 - 625.16	SEC. 50153.(b)(2)(K)	evaluation of existing rights-of-way and the need for additional transmission corridors; and
4231	625.17 - 625.20	SEC. 50153.(b)(2)(L)	a planned national transmission grid, which would include a networked transmission system to optimize the existing grid for interconnection of offshore wind farms.
4232	625.21 - 625.21	TITLE V Subtitle A PART 6	INDUSTRIAL
4233	625.22 - 625.23	TITLE V Subtitle A PART 6 SEC. 50161.	ADVANCED INDUSTRIAL FACILITIES DEPLOYMENT PROGRAM.
4234	625.24 - 626.5	SEC. 50161.(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.
4235	626.6 - 626.9	SEC. 50161.(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
4236	626.10 - 626.12	SEC. 50161.(b)(1)	the purchase and installation, or implementation, of advanced industrial technology at an eligible facility;
4237	626.13 - 626.15	SEC. 50161.(b)(2)	retrofits, upgrades to, or operational improvements at an eligible facility to install or implement advanced industrial technology; or
4238	626.16 - 626.18	SEC. 50161.(b)(3)	engineering studies and other work needed to prepare an eligible facility for activities described in paragraph (1) or (2).
4239	626.19 - 626.24	SEC. 50161.(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.
4240	627.1 - 627.4	SEC. 50161.(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
4241	627.5 - 627.6	SEC. 50161.(d)(1)	the expected greenhouse gas emissions reductions to be achieved by carrying out the project;
4242	627.7 - 627.10	SEC. 50161.(d)(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
4243	627.11 - 627.13	SEC. 50161.(d)(3)	whether the eligible entity participates or would participate in a partnership with purchasers of the output of the eligible facility.
4244	627.14 - 627.16	SEC. 50161.(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.
4245	627.17 - 627.20	SEC. 50161.(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.
4246	627.21 - 627.21	SEC. 50161.(g)	DEFINITIONS. In this section:
4247	627.22 - 628.5	SEC. 50161.(g)(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.
4248	628.6 - 628.8	SEC. 50161.(g)(2)	ELIGIBLE ENTITY. The term ‘‘eligible entity’’ means the owner or operator of an eligible facility.
4249	628.9 - 628.16	SEC. 50161.(g)(3)	ELIGIBLE FACILITY. The term ‘‘eligible facility’’ means a domestic, non-Federal, nonpower industrial or manufacturing facility engaged in energyintensive 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.
4250	628.17 - 628.19	SEC. 50161.(g)(4)	FINANCIAL ASSISTANCE. The term ‘‘financial assistance’’ means a grant, rebate, direct loan, or cooperative agreement.
4251	628.20 - 628.20	TITLE V Subtitle A PART 7	OTHER ENERGY MATTERS
4252	628.21 - 629.3	TITLE V Subtitle A PART 7 SEC. 50171.	DEPARTMENT OF ENERGY OVERSIGHT. 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.
4253	629.4 - 629.4	TITLE V Subtitle A PART 7 SEC. 50172.	"NATIONAL LABORATORY INFRASTRUCTURE."
4254	629.5 - 629.10	SEC. 50172.(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
4255	629.11 - 629.12	SEC. 50172.(a)(1)	$133,240,000 to carry out activities for science laboratory infrastructure projects;
4256	629.13 - 629.15	SEC. 50172.(a)(2)	$303,656,000 to carry out activities for high energy physics construction and major items of equipment projects;
4257	629.16 - 629.18	SEC. 50172.(a)(3)	$280,000,000 to carry out activities for fusion energy science construction and major items of equipment projects;
4258	629.19 - 629.21	SEC. 50172.(a)(4)	$217,000,000 to carry out activities for nuclear physics construction and major items of equipment projects;
4259	629.22 - 629.23	SEC. 50172.(a)(5)	$163,791,000 to carry out activities for advanced scientific computing research facilities;
4260	629.24 - 629.25	SEC. 50172.(a)(6)	$294,500,000 to carry out activities for basic energy sciences projects; and
4261	630.1 - 630.2	SEC. 50172.(a)(7)	$157,813,000 to carry out activities for isotope research and development facilities.
4262	630.3 - 630.10	SEC. 50172.(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.
4263	630.11 - 630.17	SEC. 50172.(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.
4264	630.18 - 630.25	SEC. 50172.(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.
4265	631.1 - 631.2	TITLE V Subtitle A PART 7 SEC. 50173.	AVAILABILITY OF HIGH-ASSAY LOW-ENRICHED URANIUM.
4266	631.3 - 631.7	SEC. 50173.(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
4267	631.8 - 631.11	SEC. 50173.(a)(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));
4268	631.12 - 631.14	SEC. 50173.(a)(2)	$500,000,000 to carry out the program elements described in subparagraphs (D) through (H) of that section; and
4269	631.15 - 631.19	SEC. 50173.(a)(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).
4270	631.20 - 631.26	SEC. 50173.(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, meritbased 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).
4271	632.1 - 632.3	SEC. 50173.(c)	ADMINISTRATIVE EXPENSES. The Secretary may use not more than 3 percent of the amounts appropriated by subsection (a) for administrative purposes.
4272	632.4 - 632.4	TITLE V Subtitle B	Natural Resources
4273	632.5 - 632.5	TITLE V Subtitle B PART 1	GENERAL PROVISIONS
4274	632.6 - 632.7	TITLE V Subtitle B PART 1 SEC. 50211.	DEFINITIONS. In this subtitle:
4275	632.8 - 632.9	SEC. 50211.(1)	SECRETARY. The term ‘‘Secretary’’ means the Secretary of the Interior.
4276	632.10 - 632.14	SEC. 50211.(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.
4277	632.15 - 632.15	TITLE V Subtitle B PART 2	PUBLIC LANDS
4278	632.16 - 633.2	TITLE V Subtitle B PART 2 SEC. 50221.	"NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND 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."
4279	633.3 - 633.13	TITLE V Subtitle B PART 2 SEC. 50222.	"NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND ECOSYSTEM 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 costshare or matching requirements."
4280	633.14 - 633.21	TITLE V Subtitle B PART 2 SEC. 50223.	"NATIONAL PARK SERVICE EMPLOYEES. 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."
4281	633.22 - 634.5	TITLE V Subtitle B PART 2 SEC. 50224.	"NATIONAL PARK SYSTEM DEFERRED MAINTENANCE. 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, 2026, to carry out priority deferred maintenance projects, through direct expenditures or transfers, within the boundaries of the National Park System."
4282	634.6 - 634.7	TITLE V Subtitle B PART 3	DROUGHT RESPONSE AND PREPAREDNESS
4283	634.8 - 634.25	TITLE V Subtitle B PART 3 SEC. 50231.	BUREAU OF RECLAMATION DOMESTIC WATER SUPPLY PROJECTS. In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Commissioner of Reclamation, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $550,000,000, to remain available through September 30, 2031, for grants, contracts, or financial assistance agreements for disadvantaged communities (identified according to criteria adopted by the Commissioner of Reclamation) in a manner as determined by the Commissioner of Reclamation for up to 100 percent of the cost of the planning, design, or construction of water projects the primary purpose of which is to provide domestic water supplies to communities or households that do not have reliable access to domestic water supplies in a State or territory described in the first section of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).
4284	635.1 - 635.13	TITLE V Subtitle B PART 3 SEC. 50232.	CANAL IMPROVEMENT PROJECTS. In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Commissioner of Reclamation, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $25,000,000, to remain available through September 30, 2031, for the design, study, and implementation of projects (including pilot and demonstration projects) to cover water conveyance facilities with solar panels to generate renewable energy in a manner as determined by the Secretary or for other solar projects associated with Bureau of Reclamation projects that increase water efficiency and assist in implementation of clean energy goals.
4285	635.14 - 635.15	TITLE V Subtitle B PART 3 SEC. 50233.	DROUGHT MITIGATION IN THE RECLAMATION STATES.
4286	635.16 - 635.19	SEC. 50233.(a)	DEFINITION OF RECLAMATION STATE. In this section, the term ‘‘Reclamation State’’ means a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).
4287	635.20 - 636.7	SEC. 50233.(b)	APPROPRIATION. In addition to amounts otherwise available, there is appropriated to the Secretary (acting through the Commissioner of Reclamation), for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $4,000,000,000, to remain available through September 30, 2026, for grants, contracts, or financial assistance agreements, in accordance with the reclamation laws, to or with public entities and Indian Tribes, that provide for the conduct of the following activities to mitigate the impacts of drought in the Reclamation States, with priority given to the Colorado River Basin and other basins experiencing comparable levels of long-term drought, to be implemented in compliance with applicable environmental law:
4288	636.8 - 636.10	SEC. 50233.(b)(1)	Compensation for a temporary or multiyear voluntary reduction in diversion of water or consumptive water use.
4289	636.11 - 636.15	SEC. 50233.(b)(2)	Voluntary system conservation projects that achieve verifiable reductions in use of or demand for water supplies or provide environmental benefits in the Lower Basin or Upper Basin of the Colorado River.
4290	636.16 - 636.18	SEC. 50233.(b)(3)	Ecosystem and habitat restoration projects to address issues directly caused by drought in a river basin or inland water body.
4291	636.19 - 636.22	SEC. 50233.(c)	REPORT. Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Secretary shall submit to Congress a report that describes any expenditures under this section.
4292	637.1 - 637.1	TITLE V Subtitle B PART 4	INSULAR AFFAIRS
4293	637.2 - 637.3	TITLE V Subtitle B PART 4 SEC. 50241.	OFFICE OF INSULAR AFFAIRS CLIMATE CHANGE TECHNICAL ASSISTANCE.
4294	637.4 - 637.11	SEC. 50241.(a)	IN GENERAL. In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Office of Insular Affairs, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available through September 30, 2026, to provide technical assistance for climate change planning, mitigation, adaptation, and resilience to United States Insular Areas.
4295	637.12 - 637.18	SEC. 50241.(b)	ADMINISTRATIVE EXPENSES. In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Office of Insular Affairs, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $900,000, to remain available through September 30, 2026, for necessary administrative expenses associated with carrying out this section.
4296	637.19 - 637.19	TITLE V Subtitle B PART 5	OFFSHORE WIND
4297	637.20 - 637.20	TITLE V Subtitle B PART 5 SEC. 50251.	LEASING ON THE OUTER CONTINENTAL SHELF.
4298	637.21 - 637.24	SEC. 50251.(a)	LEASING AUTHORIZED. The Secretary may grant leases, easements, and rights-of-way pursuant to section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) in an area withdrawn by
4299	637.25 - 638.2	SEC. 50251.(a)(1)	the Presidential memorandum entitled ‘‘Memorandum on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition’’ and dated September 8, 2020; or
4300	638.3 - 638.7	SEC. 50251.(a)(2)	the Presidential memorandum entitled ‘‘Presidential Determination on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition’’ and dated September 25, 2020.
4301	638.8 - 638.8	SEC. 50251.(b)	OFFSHORE WIND FOR THE TERRITORIES.
4302	638.9 - 638.11	SEC. 50251.(b)(1)	APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT TO TERRITORIES OF THE UNITED STATES.
4303	638.12 - 638.14	SEC. 50251.(b)(1)(A)	IN GENERAL. Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended
4304	638.15 - 638.15	SEC. 50251.(b)(1)(A)(i)	in subsection (a)
4305	638.16 - 638.18	SEC. 50251.(b)(1)(A)(i)(I)	by striking ‘‘means all’’ and inserting the following: ‘‘means (1)  all’’; and
4307	638.19 - 638.24	SEC. 50251.(b)(1)(A)(i)(II)	in paragraph (1) (as so designated), by striking ‘‘control;’’ and inserting the following: ‘‘control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and’’; and
4308	639.1 - 639.2	SEC. 50251.(b)(1)(A)(i)(III)	by adding at the end following:
4309	639.3 - 639.4	[SEC. 50251.(b)(1)(A)(i)(III)] (2)	does not include any area conveyed by Congress to a territorial government for administration;’’;
4310	639.5 - 639.6	SEC. 50251.(b)(1)(A)(ii)	in subsection (p), by striking ‘‘and’’ after the semicolon at the end;
4311	639.7 - 639.9	SEC. 50251.(b)(1)(A)(iii)	in subsection (q), by striking the period at the end and inserting ‘‘; and’’; and
4312	639.10 - 639.10	SEC. 50251.(b)(1)(A)(iv)	by adding at the end the following:
4313	639.11 - 639.11	[SEC. 50251.(b)(1)(A)(iv)] (r)	The term ‘State’ means
4314	639.12 - 639.12	[SEC. 50251.(b)(1)(A)(iv)] (r)(1)	each of the several States;
4315	639.13 - 639.13	[SEC. 50251.(b)(1)(A)(iv)] (r)(2)	the Commonwealth of Puerto Rico;
4316	639.14 - 639.14	[SEC. 50251.(b)(1)(A)(iv)] (r)(3)	Guam;
4317	639.15 - 639.15	[SEC. 50251.(b)(1)(A)(iv)] (r)(4)	American Samoa;
4318	639.16 - 639.16	[SEC. 50251.(b)(1)(A)(iv)] (r)(5)	the United States Virgin Islands; and
4319	639.17 - 639.18	[SEC. 50251.(b)(1)(A)(iv)] (r)(6)	the Commonwealth of the Northern Mariana Islands.’’.
4320	639.19 - 639.21	SEC. 50251.(b)(1)(B)	EXCLUSIONS. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following:
4321	639.22 - 640.4	[SEC. 50251.(b)(1)(B)] (i)	APPLICATION. This section shall not apply to the scheduling of any lease sale in an area of the outer Continental Shelf that is adjacent to the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands.’’.
4322	640.5 - 640.8	SEC. 50251.(b)(2)	WIND LEASE SALES FOR AREAS OF THE OUTER CONTINENTAL SHELF. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following:
4323	640.9 - 640.11	[SEC. 50251.(b)(2)] SEC. 33.	WIND LEASE SALES FOR AREAS OF THE OUTER CONTINENTAL SHELF OFFSHORE OF TERRITORIES OF THE UNITED STATES.
4324	640.12 - 640.13	[SEC. 50251.(b)(2)] SEC. 33.(a)	WIND LEASE SALES OFF COASTS OF TERRITORIES OF THE UNITED STATES.
4325	640.14 - 640.15	[SEC. 50251.(b)(2)] SEC. 33.(a)(1)	CALL FOR INFORMATION AND NOMINATIONS.
4326	640.16 - 640.20	[SEC. 50251.(b)(2)] SEC. 33.(a)(1)(A)	IN GENERAL. The Secretary shall issue calls for information and nominations for proposed wind lease sales for areas of the outer Continental Shelf described in paragraph (2) that are determined to be feasible.
4327	640.21 - 640.24	[SEC. 50251.(b)(2)] SEC. 33.(a)(1)(B)	INITIAL CALL. Not later than September 30, 2025, the Secretary shall issue an initial call for information and nominations under this paragraph.
4328	641.1 - 641.7	[SEC. 50251.(b)(2)] SEC. 33.(a)(2)	CONDITIONAL WIND LEASE SALES. The Secretary may conduct wind lease sales in each area within the exclusive economic zone of the United States adjacent to the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands that meets each of the following criteria:
4329	641.8 - 641.9	[SEC. 50251.(b)(2)] SEC. 33.(a)(2)(A)	The Secretary has concluded that a wind lease sale in the area is feasible.
4330	641.10 - 641.11	[SEC. 50251.(b)(2)] SEC. 33.(a)(2)(B)	The Secretary has determined that there is sufficient interest in leasing the area.
4331	641.12 - 641.15	[SEC. 50251.(b)(2)] SEC. 33.(a)(2)(C)	The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development.’’.
4332	641.16 - 641.16	TITLE V Subtitle B PART 6	FOSSIL FUEL RESOURCES
4333	641.17 - 641.19	TITLE V Subtitle B PART 6 SEC. 50261.	OFFSHORE OIL AND GAS ROYALTY RATE. Section 8(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) is amended
4335	641.20 - 642.2	SEC. 50261.(1)	in each of subparagraphs (A) and (C), by striking ‘‘not less than 121⁄2 per centum’’ each place it appears and inserting ‘‘not less than 162⁄3 percent, but not more than 183⁄4 percent, during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, and not less than 162⁄3 percent thereafter,’’;
4336	642.3 - 642.9	SEC. 50261.(2)	in subparagraph (F), by striking ‘‘no less than 121⁄2 per centum’’ and inserting ‘‘not less than 162⁄3 percent, but not more than 183⁄4 percent, during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, and not less than 162⁄3 percent thereafter,’’; and
4337	642.10 - 642.16	SEC. 50261.(3)	in subparagraph (H), by striking ‘‘no less than 12 and 1⁄2 per centum’’ and inserting ‘‘not less than 162⁄3 percent, but not more than 183⁄4 percent, during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, and not less than 162⁄3 percent thereafter,’’.
4338	642.17 - 642.17	TITLE V Subtitle B PART 6 SEC. 50262.	MINERAL LEASING ACT MODERNIZATION.
4339	642.18 - 642.18	SEC. 50262.(a)	ONSHORE OIL AND GAS ROYALTY RATES.
4340	642.19 - 642.21	SEC. 50262.(a)(1)	LEASE OF OIL AND GAS LAND. Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended
4341	642.22 - 642.23	SEC. 50262.(a)(1)(A)	in subsection (b)(1)(A), in the fifth sentence
4342	642.24 - 642.25	SEC. 50262.(a)(1)(A)(i)	by striking ‘‘12.5’’ and inserting ‘‘162⁄3’’; and
4343	643.1 - 643.8	SEC. 50262.(a)(1)(A)(ii)	by inserting ‘‘or, in the case of a lease issued during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, 162⁄3 percent in amount or value of the production removed or sold from the lease’’ before the period at the end; and
4344	643.9 - 643.10	SEC. 50262.(a)(1)(B)	by striking ‘‘121⁄2 per centum’’ each place it appears and inserting ‘‘162⁄3 percent’’.
4345	643.11 - 643.14	SEC. 50262.(a)(2)	CONDITIONS FOR REINSTATEMENT. Section 31(e)(3) of the Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by striking ‘‘162⁄3’’ each place it appears and inserting ‘‘20’’.
4346	643.15 - 643.16	SEC. 50262.(b)	OIL AND GAS MINIMUM BID. Section 17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)) is amended
4347	643.17 - 643.24	SEC. 50262.(b)(1)	in paragraph (1)(B), in the first sentence, by striking ‘‘$2 per acre for a period of 2 years from the date of enactment of the Federal Onshore Oil and Gas Leasing Reform Act of 1987.’’ and inserting ‘‘$10 per acre during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’.’’; and
4348	644.1 - 644.2	SEC. 50262.(b)(2)	in paragraph (2)(C), by striking ‘‘$2 per acre’’ and inserting ‘‘$10 per acre’’.
4349	644.3 - 644.3	SEC. 50262.(c)	FOSSIL FUEL RENTAL RATES.
4350	644.4 - 644.20	SEC. 50262.(c)(1)	ANNUAL RENTALS. Section 17(d) of the Mineral Leasing Act (30 U.S.C. 226(d)) is amended, in the first sentence, by striking ‘‘$1.50 per acre’’ and all that follows through the period at the end and inserting ‘‘$3 per acre per year during the 2-year period beginning on the date the lease begins for new leases, and after the end of that 2-year period, $5 per acre per year for the following 6-year period, and not less than $15 per acre per year thereafter, or, in the case of a lease issued during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, $3 per acre per year during the 2-year period beginning on the date the lease begins, and after the end of that 2-year period, $5 per acre per year for the following 6-year period, and $15 per acre per year thereafter.’’.
4351	644.21 - 644.24	SEC. 50262.(c)(2)	RENTALS IN REINSTATED LEASES. Section 31(e)(2) of the Mineral Leasing Act (30 U.S.C. 188(e)(2)) is amended by striking ‘‘$10’’ and inserting ‘‘$20’’.
4352	645.1 - 645.3	SEC. 50262.(d)	EXPRESSION OF INTEREST FEE. Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following:
4353	645.4 - 645.4	[SEC. 50262.(d)] (q)	FEE FOR EXPRESSION OF INTEREST.
4354	645.5 - 645.11	[SEC. 50262.(d)] (q)(1)	IN GENERAL. The Secretary shall assess a nonrefundable fee against any person that, in accordance with procedures established by the Secretary to carry out this subsection, submits an expression of interest in leasing land available for disposition under this section for exploration for, and development of, oil or gas.
4355	645.12 - 645.12	[SEC. 50262.(d)] (q)(2)	AMOUNT OF FEE.
4356	645.13 - 645.16	[SEC. 50262.(d)] (q)(2)(A)	IN GENERAL. Subject to subparagraph (B), the fee assessed under paragraph (1) shall be $5 per acre of the area covered by the applicable expression of interest.
4357	645.17 - 645.21	[SEC. 50262.(d)] (q)(2)(B)	ADJUSTMENT OF FEE. The Secretary shall, by regulation, not less frequently than every 4 years, adjust the amount of the fee under subparagraph (A) to reflect the change in inflation.’’.
4358	645.22 - 645.22	SEC. 50262.(e)	ELIMINATION OF NONCOMPETITIVE LEASING.
4359	645.23 - 645.24	SEC. 50262.(e)(1)	IN GENERAL. Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended
4360	645.25 - 645.25	SEC. 50262.(e)(1)(A)	in subsection (b)
4361	646.1 - 646.1	SEC. 50262.(e)(1)(A)(i)	in paragraph (1)(A)
4362	646.2 - 646.5	SEC. 50262.(e)(1)(A)(i)(I)	in the first sentence, by striking ‘‘paragraphs (2) and (3) of this subsection’’ and inserting ‘‘paragraph (2)’’; and
4364	646.6 - 646.7	SEC. 50262.(e)(1)(A)(i)(II)	by striking the last sentence; and
4365	646.8 - 646.8	SEC. 50262.(e)(1)(A)(ii)	by striking paragraph (3);
4366	646.9 - 646.10	SEC. 50262.(e)(1)(B)	by striking subsection (c) and inserting the following:
4367	646.11 - 646.17	[SEC. 50262.(e)(1)(B)] (c)	ADDITIONAL ROUNDS OF COMPETITIVE BIDDING. Land made available for leasing under subsection (b)(1) for which no bid is accepted or received, or the land for which a lease terminates, expires, is cancelled, or is relinquished, may be made available by the Secretary of the Interior for a new round of competitive bidding under that subsection.’’; and
4369	646.18 - 646.19	SEC. 50262.(e)(1)(C)	by striking subsection (e) and inserting the following:
4370	646.20 - 646.20	[SEC. 50262.(e)(1)(C)] (e)	TERM OF LEASE.
4371	646.21 - 646.23	[SEC. 50262.(e)(1)(C)] (e)(1)	IN GENERAL. Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years.
4372	646.24 - 647.2	[SEC. 50262.(e)(1)(C)] (e)(2)	CONTINUATION OF LEASE. A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities.
4373	647.3 - 647.11	[SEC. 50262.(e)(1)(C)] (e)(3)	ADDITIONAL EXTENSIONS. Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced and diligently prosecuted prior to the end of the primary term of the lease shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.’’.
4374	647.12 - 647.14	SEC. 50262.(e)(2)	CONFORMING AMENDMENTS. Section 31 of the Mineral Leasing Act (30 U.S.C. 188) is amended
4375	647.15 - 647.16	SEC. 50262.(e)(2)(A)	in subsection (d)(1), in the first sentence, by striking ‘‘or section 17(c) of this Act’’;
4376	647.17 - 647.17	SEC. 50262.(e)(2)(B)	in subsection (e)
4377	647.18 - 647.18	SEC. 50262.(e)(2)(B)(i)	in paragraph (2)
4378	647.19 - 647.19	SEC. 50262.(e)(2)(B)(i)(I)	by striking ‘‘either’’; and
4379	647.20 - 647.22	SEC. 50262.(e)(2)(B)(i)(II)	by striking ‘‘or the inclusion’’ and all that follows through ‘‘, all’’; and
4380	647.23 - 647.23	SEC. 50262.(e)(2)(B)(ii)	in paragraph (3)
4381	647.24 - 647.25	SEC. 50262.(e)(2)(B)(ii)(I)	in subparagraph (A), by adding ‘‘and’’ after the semicolon;
4382	648.1 - 648.2	SEC. 50262.(e)(2)(B)(ii)(II)	by striking subparagraph (B); and
4384	648.3 - 648.4	SEC. 50262.(e)(2)(B)(ii)(III)	by striking ‘‘(3)(A) payment’’ and inserting the following:
4385	648.5 - 648.5	[SEC. 50262.(e)(2)(B)(ii)(III)] (3)	payment’’;
4386	648.6 - 648.6	SEC. 50262.(e)(2)(C)	in subsection (g)
4387	648.7 - 648.11	SEC. 50262.(e)(2)(C)(i)	in paragraph (1), by striking ‘‘as a competitive’’ and all that follows through ‘‘of this Act’’ and inserting ‘‘in the same manner as the original lease issued pursuant to section 17’’;
4388	648.12 - 648.12	SEC. 50262.(e)(2)(C)(ii)	by striking paragraph (2);
4389	648.13 - 648.15	SEC. 50262.(e)(2)(C)(iii)	by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
4390	648.16 - 648.20	SEC. 50262.(e)(2)(C)(iv)	in paragraph (2) (as so redesignated), by striking ‘‘applicable to leases issued under subsection 17(c) of this Act (30 U.S.C. 226(c)) except,’’ and inserting ‘‘except’’;
4391	648.21 - 648.23	SEC. 50262.(e)(2)(D)	in subsection (h), by striking ‘‘subsections (d) and (f) of this section’’ and inserting ‘‘subsection (d)’’;
4392	648.24 - 649.2	SEC. 50262.(e)(2)(E)	in subsection (i), by striking ‘‘(i)(1) In acting’’ and all that follows through ‘‘of this section’’ in paragraph (2) and inserting the following:
4393	649.3 - 649.6	[SEC. 50262.(e)(2)(E)] (i)	ROYALTY REDUCTION IN REINSTATED LEASES. In acting on a petition for reinstatement pursuant to subsection (d)’’;
4395	649.7 - 649.7	SEC. 50262.(e)(2)(F)	by striking subsection (f); and
4396	649.8 - 649.9	SEC. 50262.(e)(2)(G)	by redesignating subsections (g) through (j)  as subsections (f) through (i), respectively.
4398	649.10 - 649.10	TITLE V Subtitle B PART 6 SEC. 50263.	ROYALTIES ON ALL EXTRACTED METHANE.
4399	649.11 - 649.17	SEC. 50263.(a)	IN GENERAL. For all leases issued after the date of enactment of this Act, except as provided in subsection (b), royalties paid for gas produced from Federal land and on the outer Continental Shelf shall be assessed on all gas produced, including all gas that is consumed or lost by venting, flaring, or negligent releases through any equipment during upstream operations.
4401	649.18 - 649.19	SEC. 50263.(b)	EXCEPTION. Subsection (a) shall not apply with respect to
4402	649.20 - 649.22	SEC. 50263.(b)(1)	gas vented or flared for not longer than 48 hours in an emergency situation that poses a danger to human health, safety, or the environment;
4403	649.23 - 649.25	SEC. 50263.(b)(2)	gas used or consumed within the area of the lease, unit, or communitized area for the benefit of the lease, unit, or communitized area; or
4404	650.1 - 650.1	SEC. 50263.(b)(3)	gas that is unavoidably lost.
4405	650.2 - 650.3	TITLE V Subtitle B PART 6 SEC. 50264.	LEASE SALES UNDER THE 2017–2022 OUTER CONTINENTAL SHELF LEASING PROGRAM.
4406	650.4 - 650.4	SEC. 50264.(a)	DEFINITIONS. In this section:
4407	650.5 - 650.14	SEC. 50264.(a)(1)	LEASE SALE 257. The term ‘‘Lease Sale 257’’ means the lease sale numbered 257 that was approved in the Record of Decision described in the notice of availability of a record of decision issued on August 31, 2021, entitled ‘‘Gulf of Mexico, Outer Continental Shelf (OCS), Oil and Gas Lease Sale 257’’ (86 Fed. Reg. 50160 (September 7, 2021)), and is the subject of the final notice of sale entitled ‘‘Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 257’’ (86 Fed. Reg. 54728 (October 4, 2021)).
4408	650.15 - 651.2	SEC. 50264.(a)(2)	LEASE SALE 258. The term ‘‘Lease Sale 258’’ means the lease sale numbered 258 described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016, and approved by the Secretary in the Record of Decision issued on January 17, 2017, described in the notice of availability entitled ‘‘Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000’’ (82 Fed. Reg. 6643 (January 19, 2017)).
4409	651.3 - 651.14	SEC. 50264.(a)(3)	LEASE SALE 259. The term ‘‘Lease Sale 259’’ means the lease sale numbered 259 described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016, and approved by the Secretary in the Record of Decision issued on January 17, 2017, described in the notice of availability entitled ‘‘Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000’’ (82 Fed. Reg. 6643 (January 19, 2017)).
4410	651.15 - 652.2	SEC. 50264.(a)(4)	LEASE SALE 261. The term ‘‘Lease Sale 261’’ means the lease sale numbered 261 described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016, and approved by the Secretary in the Record of Decision issued on January 17, 2017, described in the notice of availability entitled ‘‘Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000’’ (82 Fed. Reg. 6643 (January 19, 2017)).
4411	652.3 - 652.3	SEC. 50264.(b)	LEASE SALE 257 REINSTATEMENT.
4412	652.4 - 652.6	SEC. 50264.(b)(1)	ACCEPTANCE OF BIDS. Not later 30 days after the date of enactment of this Act, the Secretary shall, without modification or delay
4413	652.7 - 652.10	SEC. 50264.(b)(1)(A)	accept the highest valid bid for each tract or bidding unit of Lease Sale 257 for which a valid bid was received on November 17, 2021; and
4414	652.11 - 652.12	SEC. 50264.(b)(1)(B)	provide the appropriate lease form to the winning bidder to execute and return.
4415	652.13 - 652.19	SEC. 50264.(b)(2)	LEASE ISSUANCE. On receipt of an executed lease form under paragraph (1)(B) and payment of the rental for the first year, the balance of the bonus bid (unless deferred), and any required bond or security from the high bidder, the Secretary shall promptly issue to the high bidder a fully executed lease, in accordance with
4416	652.20 - 652.21	SEC. 50264.(b)(2)(A)	the regulations in effect on the date of Lease Sale 257; and
4417	652.22 - 652.25	SEC. 50264.(b)(2)(B)	the terms and conditions of the final notice of sale entitled ‘‘Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 257’’ (86 Fed. Reg. 54728 (October 4, 2021)).
4418	653.1 - 653.10	SEC. 50264.(c)	REQUIREMENT FOR LEASE SALE 258. Notwithstanding the expiration of the 2017–2022 leasing program, not later than December 31, 2022, the Secretary shall conduct Lease Sale 258 in accordance with the Record of Decision approved by the Secretary on January 17, 2017, described in the notice of availability entitled ‘‘Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000’’ issued on January 17, 2017 (82 Fed. Reg. 6643 (January 19, 2017)).
4419	653.11 - 653.20	SEC. 50264.(d)	REQUIREMENT FOR LEASE SALE 259. Notwithstanding the expiration of the 2017–2022 leasing program, not later than March 31, 2023, the Secretary shall conduct Lease Sale 259 in accordance with the Record of Decision approved by the Secretary on January 17, 2017, described in the notice of availability entitled ‘‘Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000’’ issued on January 17, 2017 (82 Fed. Reg. 6643 (January 19, 2017)).
4420	653.21 - 654.5	SEC. 50264.(e)	REQUIREMENT FOR LEASE SALE 261. Notwithstanding the expiration of the 2017–2022 leasing program, not later than September 30, 2023, the Secretary shall conduct Lease Sale 261 in accordance with the Record of Decision approved by the Secretary on January 17, 2017, described in the notice of availability entitled ‘‘Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000’’ issued on January 17, 2017 (82 Fed. Reg. 6643 (January 19, 2017)).
4421	654.6 - 654.6	TITLE V Subtitle B PART 6 SEC. 50265.	ENSURING ENERGY SECURITY.
4422	654.7 - 654.7	SEC. 50265.(a)	DEFINITIONS. In this section:
4423	654.8 - 654.11	SEC. 50265.(a)(1)	FEDERAL LAND. The term ‘‘Federal land’’ means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
4424	654.12 - 654.13	SEC. 50265.(a)(2)	OFFSHORE LEASE SALE. The term ‘‘offshore lease sale’’ means an oil and gas lease sale
4425	654.14 - 654.16	SEC. 50265.(a)(2)(A)	that is held by the Secretary in accordance with the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and
4426	654.17 - 654.19	SEC. 50265.(a)(2)(B)	that, if any acceptable bids have been received for any tract offered in the lease sale, results in the issuance of a lease.
4427	654.20 - 654.21	SEC. 50265.(a)(3)	ONSHORE LEASE SALE. The term ‘‘onshore lease sale’’ means a quarterly oil and gas lease sale
4428	654.22 - 654.24	SEC. 50265.(a)(3)(A)	that is held by the Secretary in accordance with section 17 of the Mineral Leasing Act (30 U.S.C. 226); and
4429	655.1 - 655.3	SEC. 50265.(a)(3)(B)	that, if any acceptable bids have been received for any parcel offered in the lease sale, results in the issuance of a lease.
4430	655.4 - 655.6	SEC. 50265.(b)	LIMITATION ON ISSUANCE OF CERTAIN LEASES OR RIGHTS-OF-WAY. During the 10-year period beginning on the date of enactment of this Act
4431	655.7 - 655.9	SEC. 50265.(b)(1)	the Secretary may not issue a right-of-way for wind or solar energy development on Federal land unless
4432	655.10 - 655.13	SEC. 50265.(b)(1)(A)	an onshore lease sale has been held during the 120-day period ending on the date of the issuance of the right-of-way for wind or solar energy development; and
4433	655.14 - 655.18	SEC. 50265.(b)(1)(B)	the sum total of acres offered for lease in onshore lease sales during the 1-year period ending on the date of the issuance of the rightof-way for wind or solar energy development is not less than the lesser of
4434	655.19 - 655.19	SEC. 50265.(b)(1)(B)(i)	2,000,000 acres; and
4435	655.20 - 655.22	SEC. 50265.(b)(1)(B)(ii)	50 percent of the acreage for which expressions of interest have been submitted for lease sales during that period; and
4436	655.23 - 656.2	SEC. 50265.(b)(2)	the Secretary may not issue a lease for offshore wind development under section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) unless
4437	656.3 - 656.6	SEC. 50265.(b)(2)(A)	an offshore lease sale has been held during the 1-year period ending on the date of the issuance of the lease for offshore wind development; and
4438	656.7 - 656.11	SEC. 50265.(b)(2)(B)	the sum total of acres offered for lease in offshore lease sales during the 1-year period ending on the date of the issuance of the lease for offshore wind development is not less than 60,000,000 acres.
4439	656.12 - 656.14	SEC. 50265.(c)	SAVINGS. Except as expressly provided in paragraphs (1) and (2) of subsection (b), nothing in this section supersedes, amends, or modifies existing law.
4440	656.15 - 656.15	TITLE V Subtitle B PART 7	UNITED STATES GEOLOGICAL SURVEY
4441	656.16 - 656.24	TITLE V Subtitle B PART 7 SEC. 50271.	UNITED STATES GEOLOGICAL SURVEY 3D ELEVATION PROGRAM. In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Director of the United States Geological Survey, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $23,500,000, to remain available through September 30, 2031, to produce, collect, disseminate, and use 3D elevation data.
4442	657.1 - 657.1	TITLE V Subtitle B PART 8	OTHER NATURAL RESOURCES MATTERS
4443	657.2 - 657.9	TITLE V Subtitle B PART 8 SEC. 50281.	DEPARTMENT OF THE INTERIOR OVERSIGHT. 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, $10,000,000, to remain available through September 30, 2031, for oversight by the Department of the Interior Office of Inspector General of the Department of the Interior activities for which funding is appropriated in this subtitle.
4444	657.10 - 657.10	TITLE V Subtitle C	Environmental Reviews
4445	657.11 - 657.23	TITLE V Subtitle C SEC. 50301.	DEPARTMENT OF ENERGY. In addition to amounts otherwise available, there is appropriated to the Secretary of Energy for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $115,000,000, to remain available through September 30, 2031, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental reviews, the development of environmental data or information systems, stakeholder and community engagement, and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations.
4446	657.24 - 657.24	TITLE V Subtitle C SEC. 50302.	FEDERAL ENERGY REGULATORY COMMISSION.
4447	657.25 - 658.11	SEC. 50302.(a)	IN GENERAL. In addition to amounts otherwise available, there is appropriated to the Federal Energy Regulatory Commission 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 provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental reviews, the development of environmental data or information systems, stakeholder and community engagement, and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations.
4448	658.12 - 658.16	SEC. 50302.(b)	FEES AND CHARGES. Section 3401(a) of the Omnibus Budget Reconciliation Act of 1986 (42 U.S.C. 7178(a)) shall not apply to the costs incurred by the Federal Energy Regulatory Commission in carrying out this section.
4449	658.17 - 659.8	TITLE V Subtitle C SEC. 50303.	DEPARTMENT OF THE INTERIOR. In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $150,000,000, to remain available through September 30, 2026, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental reviews, the development of environmental data or information systems, stakeholder and community engagement, and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations by the National Park Service, the Bureau of Land Management, the Bureau of Ocean Energy Management, the Bureau of Reclamation, the Bureau of Safety and Environmental Enforcement, and the Office of Surface Mining Reclamation and Enforcement.
4450	659.9 - 659.11	TITLE VI	COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
4451	659.12 - 659.12	TITLE VI Subtitle A	Air Pollution
4452	659.13 - 659.15	TITLE VI Subtitle A SEC. 60101.	CLEAN HEAVY-DUTY VEHICLES. The Clean Air Act is amended by inserting after section 131 of such Act (42 U.S.C. 7431) the following:
4453	659.16 - 659.16	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.	CLEAN HEAVY-DUTY VEHICLES.
4454	659.17 - 659.17	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(a)	APPROPRIATIONS.
4455	659.18 - 659.23	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(a)(1)	IN GENERAL. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $600,000,000, to remain available until September 30, 2031, to carry out this section.
4456	659.24 - 660.9	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(a)(2)	NONATTAINMENT AREAS. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $400,000,000, to remain available until September 30, 2031, to make awards under this section to eligible recipients and to eligible contractors that propose to replace eligible vehicles to serve 1 or more communities located in an air quality area designated pursuant to section 107 as nonattainment for any air pollutant.
4457	660.10 - 660.13	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(a)(3)	RESERVATION. Of the funds appropriated by paragraph (1), the Administrator shall reserve 3 percent for administrative costs necessary to carry out this section.
4458	660.14 - 660.19	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(b)	PROGRAM. Beginning not later than 180 days after the date of enactment of this section, the Administrator shall implement a program to make awards of grants and rebates to eligible recipients, and to make awards of contracts to eligible contractors for providing rebates, for up to 100 percent of costs for
4459	660.20 - 660.23	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(b)(1)	the incremental costs of replacing an eligible vehicle that is not a zero-emission vehicle with a zeroemission vehicle, as determined by the Administrator based on the market value of the vehicles;
4460	661.1 - 661.3	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(b)(2)	purchasing, installing, operating, and maintaining infrastructure needed to charge, fuel, or maintain zero-emission vehicles;
4461	661.4 - 661.6	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(b)(3)	workforce development and training to support the maintenance, charging, fueling, and operation of zero-emission vehicles; and
4462	661.7 - 661.9	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(b)(4)	planning and technical activities to support the adoption and deployment of zero-emission vehicles.
4463	661.10 - 661.14	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(c)	APPLICATIONS. To seek an award under this section, an eligible recipient or eligible contractor shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator shall prescribe.
4464	661.15 - 661.15	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)	DEFINITIONS. For purposes of this section:
4465	661.16 - 661.18	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(1)	ELIGIBLE CONTRACTOR. The term ‘eligible contractor’ means a contractor that has the capacity
4466	661.19 - 661.24	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(1)(A)	to sell, lease, license, or contract for service zero-emission vehicles, or charging or other equipment needed to charge, fuel, or maintain zero-emission vehicles, to individuals or entities that own, lease, license, or contract for service an eligible vehicle; or
4467	662.1 - 662.2	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(1)(B)	to arrange financing for such a sale, lease, license, or contract for service.
4468	662.3 - 662.4	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(2)	ELIGIBLE RECIPIENT. The term ‘eligible recipient’ means
4469	662.5 - 662.5	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(2)(A)	a State;
4470	662.6 - 662.6	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(2)(B)	a municipality;
4471	662.7 - 662.7	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(2)(C)	an Indian tribe; or
4472	662.8 - 662.9	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(2)(D)	a nonprofit school transportation association.
4473	662.10 - 662.14	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(3)	ELIGIBLE VEHICLE. The term ‘eligible vehicle’ means a Class 6 or Class 7 heavy-duty vehicle as defined in section 1037.801 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this section).
4474	662.15 - 662.18	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(4)	GREENHOUSE GAS. The term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
4475	662.19 - 662.23	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(5)	ZERO-EMISSION VEHICLE. The term ‘zeroemission vehicle’ means a vehicle that has a drivetrain that produces, under any possible operational mode or condition, zero exhaust emissions of
4476	663.1 - 663.3	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(5)(A)	any air pollutant that is listed pursuant to section 108(a) (or any precursor to such an air pollutant); and
4477	663.4 - 663.4	[TITLE VI Subtitle A SEC. 60101.] SEC. 132.(d)(5)(B)	any greenhouse gas.’’.
4478	663.5 - 663.8	TITLE VI Subtitle A SEC. 60102.	GRANTS TO REDUCE AIR POLLUTION AT PORTS. The Clean Air Act is amended by inserting after section 132 of such Act, as added by section 60101 of this Act, the following:
4479	663.9 - 663.9	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.	GRANTS TO REDUCE AIR POLLUTION AT PORTS.
4480	663.10 - 663.10	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(a)	APPROPRIATIONS.
4481	663.11 - 663.17	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(a)(1)	GENERAL ASSISTANCE. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,250,000,000, to remain available until September 30, 2027, to award rebates and grants to eligible recipients on a competitive basis
4482	663.18 - 663.20	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(a)(1)(A)	to purchase or install zero-emission port equipment or technology for use at, or to directly serve, one or more ports;
4483	663.21 - 663.24	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(a)(1)(B)	to conduct any relevant planning or permitting in connection with the purchase or installation of such zero-emission port equipment or technology; and
4484	664.1 - 664.2	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(a)(1)(C)	to develop qualified climate action plans.
4485	664.3 - 664.12	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(a)(2)	NONATTAINMENT AREAS. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $750,000,000, to remain available until September 30, 2027, to award rebates and grants to eligible recipients to carry out activities described in paragraph (1)  with respect to ports located in air quality areas designated pursuant to section 107 as nonattainment for an air pollutant.
4487	664.13 - 664.17	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(b)	LIMITATION. Funds awarded under this section shall not be used by any recipient or subrecipient to purchase or install zero-emission port equipment or technology that will not be located at, or directly serve, the one or more ports involved.
4488	664.18 - 664.21	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(c)	ADMINISTRATION OF FUNDS. Of the funds made available by this section, the Administrator shall reserve 2 percent for administrative costs necessary to carry out this section.
4489	664.22 - 664.22	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)	DEFINITIONS. In this section:
4490	664.23 - 664.24	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(1)	ELIGIBLE RECIPIENT. The term ‘eligible recipient’ means
4491	664.25 - 664.25	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(1)(A)	a port authority;
4492	665.1 - 665.3	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(1)(B)	a State, regional, local, or Tribal agency that has jurisdiction over a port authority or a port;
4493	665.4 - 665.4	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(1)(C)	an air pollution control agency; or
4494	665.5 - 665.5	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(1)(D)	a private entity that
4495	665.6 - 665.9	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(1)(D)(i)	applies for a grant under this section in partnership with an entity described in any of subparagraphs (A) through (C); and
4496	665.10 - 665.13	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(1)(D)(ii)	owns, operates, or uses the facilities, cargo-handling equipment, transportation equipment, or related technology of a port.
4497	665.14 - 665.17	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(2)	GREENHOUSE GAS. The term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
4498	665.18 - 665.20	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(3)	QUALIFIED CLIMATE ACTION PLAN. The term ‘qualified climate action plan’ means a detailed and strategic plan that
4499	665.21 - 665.23	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(3)(A)	establishes goals, implementation strategies, and accounting and inventory practices to reduce emissions at one or more ports of
4500	665.24 - 665.24	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(3)(A)(i)	greenhouse gases;
4501	666.1 - 666.3	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(3)(A)(ii)	an air pollutant that is listed pursuant to section 108(a) (or any precursor to such an air pollutant); and
4502	666.4 - 666.4	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(3)(A)(iii)	hazardous air pollutants;
4503	666.5 - 666.9	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(3)(B)	includes a strategy to collaborate with, communicate with, and address potential effects on low-income and disadvantaged near-port communities and other stakeholders that may be affected by implementation of the plan; and
4504	666.10 - 666.13	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(3)(C)	describes how an eligible recipient has implemented or will implement measures to increase the resilience of the one or more ports involved.
4505	666.14 - 666.17	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(4)	ZERO-EMISSION PORT EQUIPMENT OR TECHNOLOGY. The term ‘zero-emission port equipment or technology’ means human-operated equipment or human-maintained technology that
4506	666.18 - 666.21	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(4)(A)	produces zero emissions of any air pollutant that is listed pursuant to section 108(a) (or any precursor to such an air pollutant) and any greenhouse gas other than water vapor; or
4507	666.22 - 666.24	[TITLE VI Subtitle A SEC. 60102.] SEC. 133.(d)(4)(B)	captures 100 percent of the emissions described in subparagraph (A) that are produced by an ocean-going vessel at berth.’’.
4508	667.1 - 667.4	TITLE VI Subtitle A SEC. 60103.	GREENHOUSE GAS REDUCTION FUND. The Clean Air Act is amended by inserting after section 133 of such Act, as added by section 60102 of this Act, the following:
4509	667.5 - 667.5	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.	GREENHOUSE GAS REDUCTION FUND.
4510	667.6 - 667.6	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(a)	APPROPRIATIONS.
4511	667.7 - 667.24	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(a)(1)	ZERO-EMISSION TECHNOLOGIES. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $7,000,000,000, to remain available until September 30, 2024, to make grants, on a competitive basis and beginning not later than 180 calendar days after the date of enactment of this section, to States, municipalities, Tribal governments, and eligible recipients for the purposes of providing grants, loans, or other forms of financial assistance, as well as technical assistance, to enable low-income and disadvantaged communities to deploy or benefit from zeroemission technologies, including distributed technologies on residential rooftops, and to carry out other greenhouse gas emission reduction activities, as determined appropriate by the Administrator in accordance with this section.
4512	667.25 - 668.8	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(a)(2)	GENERAL ASSISTANCE. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $11,970,000,000, to remain available until September 30, 2024, to make grants, on a competitive basis and beginning not later than 180 calendar days after the date of enactment of this section, to eligible recipients for the purposes of providing financial assistance and technical assistance in accordance with subsection (b).
4513	668.9 - 668.20	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(a)(3)	LOW-INCOME AND DISADVANTAGED COMMUNITIES. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $8,000,000,000, to remain available until September 30, 2024, to make grants, on a competitive basis and beginning not later than 180 calendar days after the date of enactment of this section, to eligible recipients for the purposes of providing financial assistance and technical assistance in low-income and disadvantaged communities in accordance with subsection (b).
4514	668.21 - 669.2	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(a)(4)	ADMINISTRATIVE COSTS. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $30,000,000, to remain available until September 30, 2031, for the administrative costs necessary to carry out activities under this section.
4515	669.3 - 669.5	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(b)	USE OF FUNDS. An eligible recipient that receives a grant pursuant to subsection (a) shall use the grant in accordance with the following:
4516	669.6 - 669.7	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(b)(1)	DIRECT INVESTMENT. The eligible recipient shall
4517	669.8 - 669.10	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(b)(1)(A)	provide financial assistance to qualified projects at the national, regional, State, and local levels;
4518	669.11 - 669.13	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(b)(1)(B)	prioritize investment in qualified projects that would otherwise lack access to financing; and
4519	669.14 - 669.19	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(b)(1)(C)	retain, manage, recycle, and monetize all repayments and other revenue received from fees, interest, repaid loans, and all other types of financial assistance provided using grant funds under this section to ensure continued operability.
4520	669.20 - 670.2	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(b)(2)	INDIRECT INVESTMENT. The eligible recipient shall provide funding and technical assistance to establish new or support existing public, quasi-public, not-for-profit, or nonprofit entities that provide financial assistance to qualified projects at the State, local, territorial, or Tribal level or in the District of Columbia, including community- and low-income-focused lenders and capital providers.
4521	670.3 - 670.3	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)	DEFINITIONS. In this section:
4522	670.4 - 670.5	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(1)	ELIGIBLE RECIPIENT. The term ‘eligible recipient’ means a nonprofit organization that
4523	670.6 - 670.10	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(1)(A)	is designed to provide capital, leverage private capital, and provide other forms of financial assistance for the rapid deployment of low- and zero-emission products, technologies, and services;
4524	670.11 - 670.14	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(1)(B)	does not take deposits other than deposits from repayments and other revenue received from financial assistance provided using grant funds under this section;
4525	670.15 - 670.16	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(1)(C)	is funded by public or charitable contributions; and
4526	670.17 - 670.18	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(1)(D)	invests in or finances projects alone or in conjunction with other investors.
4527	670.19 - 670.22	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(2)	GREENHOUSE GAS. The term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
4528	670.23 - 670.25	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(3)	QUALIFIED PROJECT. The term ‘qualified project’ includes any project, activity, or technology that
4529	671.1 - 671.4	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(3)(A)	reduces or avoids greenhouse gas emissions and other forms of air pollution in partnership with, and by leveraging investment from, the private sector; or
4530	671.5 - 671.7	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(3)(B)	assists communities in the efforts of those communities to reduce or avoid greenhouse gas emissions and other forms of air pollution.
4531	671.8 - 671.10	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(4)	ZERO-EMISSION TECHNOLOGY. The term ‘zero-emission technology’ means any technology that produces zero emissions of
4532	671.11 - 671.13	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(4)(A)	any air pollutant that is listed pursuant to section 108(a) (or any precursor to such an air pollutant); and
4533	671.14 - 671.14	[TITLE VI Subtitle A SEC. 60103.] SEC. 134.(c)(4)(B)	any greenhouse gas.’’.
4534	671.15 - 671.15	TITLE VI Subtitle A SEC. 60104.	DIESEL EMISSIONS REDUCTIONS.
4535	671.16 - 672.2	SEC. 60104.(a)	GOODS MOVEMENT. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $60,000,000, to remain available until September 30, 2031, for grants, rebates, and loans under section 792 of the Energy Policy Act of 2005 (42 U.S.C. 16132) to identify and reduce diesel emissions resulting from goods movement facilities, and vehicles servicing goods movement facilities, in low-income and disadvantaged communities to address the health impacts of such emissions on such communities.
4536	672.3 - 672.7	SEC. 60104.(b)	ADMINISTRATIVE COSTS. The Administrator of the Environmental Protection Agency shall reserve 2 percent of the amounts made available under this section for the administrative costs necessary to carry out activities pursuant to this section.
4537	672.8 - 672.8	TITLE VI Subtitle A SEC. 60105.	FUNDING TO ADDRESS AIR POLLUTION.
4538	672.9 - 672.20	SEC. 60105.(a)	FENCELINE AIR MONITORING AND SCREENING AIR MONITORING. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $117,500,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) to deploy, integrate, support, and maintain fenceline air monitoring, screening air monitoring, national air toxics trend stations, and other air toxics and community monitoring.
4539	672.21 - 673.4	SEC. 60105.(b)	MULTIPOLLUTANT MONITORING STATIONS. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405)
4540	673.5 - 673.7	SEC. 60105.(b)(1)	to expand the national ambient air quality monitoring network with new multipollutant monitoring stations; and
4541	673.8 - 673.9	SEC. 60105.(b)(2)	to replace, repair, operate, and maintain existing monitors.
4542	673.10 - 673.20	SEC. 60105.(c)	AIR QUALITY SENSORS IN LOW-INCOME AND DISADVANTAGED COMMUNITIES. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) to deploy, integrate, and operate air quality sensors in lowincome and disadvantaged communities.
4543	673.21 - 674.5	SEC. 60105.(d)	EMISSIONS FROM WOOD HEATERS. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)– (c), 7405) for testing and other agency activities to address emissions from wood heaters.
4545	674.6 - 674.14	SEC. 60105.(e)	METHANE MONITORING. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $20,000,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) for monitoring emissions of methane.
4546	674.15 - 674.22	SEC. 60105.(f)	CLEAN AIR ACT GRANTS. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $25,000,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405).
4547	674.23 - 675.7	SEC. 60105.(g)	GREENHOUSE GAS AND ZERO-EMISSION STANDARDS FOR MOBILE SOURCES. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain available until September 30, 2031, to provide grants to States to adopt and implement greenhouse gas and zero-emission standards for mobile sources pursuant to section 177 of the Clean Air Act (42 U.S.C. 7507).
4548	675.8 - 675.11	SEC. 60105.(h)	DEFINITION OF GREENHOUSE GAS. In this section, the term ‘‘greenhouse gas’’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
4549	675.12 - 675.13	TITLE VI Subtitle A SEC. 60106.	FUNDING TO ADDRESS AIR POLLUTION AT SCHOOLS.
4550	675.14 - 675.24	SEC. 60106.(a)	IN GENERAL. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $37,500,000, to remain available until September 30, 2031, for grants and other activities to monitor and reduce greenhouse gas emissions and other air pollutants at schools in low-income and disadvantaged communities under subsections (a) through (c) of section 103 of the Clean Air Act (42 U.S.C. 7403(a)–(c)) and section 105 of that Act (42 U.S.C. 7405).
4551	676.1 - 676.10	SEC. 60106.(b)	TECHNICAL ASSISTANCE. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $12,500,000, to remain available until September 30, 2031, for providing technical assistance to schools in low-income and disadvantaged communities under subsections (a) through (c) of section 103 of the Clean Air Act (42 U.S.C. 7403(a)–(c)) and section 105 of that Act (42 U.S.C. 7405)
4552	676.11 - 676.11	SEC. 60106.(b)(1)	to address environmental issues;
4553	676.12 - 676.14	SEC. 60106.(b)(2)	to develop school environmental quality plans that include standards for school building, design, construction, and renovation; and
4554	676.15 - 676.16	SEC. 60106.(b)(3)	to identify and mitigate ongoing air pollution hazards.
4555	676.17 - 676.20	SEC. 60106.(c)	DEFINITION OF GREENHOUSE GAS. In this section, the term ‘‘greenhouse gas’’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
4556	676.21 - 676.24	TITLE VI Subtitle A SEC. 60107.	LOW EMISSIONS ELECTRICITY PROGRAM. The Clean Air Act is amended by inserting after section 134 of such Act, as added by section 60103 of this Act, the following:
4557	677.1 - 677.1	[TITLE VI Subtitle A SEC. 60107.] SEC. 135.	LOW EMISSIONS ELECTRICITY PROGRAM.
4558	677.2 - 677.6	[TITLE VI Subtitle A SEC. 60107.] SEC. 135.(a)	APPROPRIATION. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2031
4559	677.7 - 677.10	[TITLE VI Subtitle A SEC. 60107.] SEC. 135.(a)(1)	$17,000,000 for consumer-related education and partnerships with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use;
4560	677.11 - 677.15	[TITLE VI Subtitle A SEC. 60107.] SEC. 135.(a)(2)	$17,000,000 for education, technical assistance, and partnerships within low-income and disadvantaged communities with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use;
4561	677.16 - 677.19	[TITLE VI Subtitle A SEC. 60107.] SEC. 135.(a)(3)	$17,000,000 for industry-related outreach, technical assistance, and partnerships with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use;
4562	677.20 - 677.24	[TITLE VI Subtitle A SEC. 60107.] SEC. 135.(a)(4)	$17,000,000 for outreach and technical assistance to, and partnerships with, State, Tribal, and local governments with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use;
4563	677.25 - 678.4	[TITLE VI Subtitle A SEC. 60107.] SEC. 135.(a)(5)	$1,000,000 to assess, not later than 1 year after the date of enactment of this section, the reductions in greenhouse gas emissions that result from changes in domestic electricity generation and use that are anticipated to occur on an annual basis through fiscal year 2031; and
4564	678.5 - 678.8	[TITLE VI Subtitle A SEC. 60107.] SEC. 135.(a)(6)	$18,000,000 to ensure that reductions in greenhouse gas emissions are achieved through use of the existing authorities of this Act, incorporating the assessment under paragraph (5).
4565	678.9 - 678.12	[TITLE VI Subtitle A SEC. 60107.] SEC. 135.(b)	ADMINISTRATION OF FUNDS. Of the amounts made available under subsection (a), the Administrator shall reserve 2 percent for the administrative costs necessary to carry out activities pursuant to that subsection.
4566	678.13 - 678.16	[TITLE VI Subtitle A SEC. 60107.] SEC. 135.(c)	DEFINITION OF GREENHOUSE GAS. In this section, the term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.’’.
4567	678.17 - 678.18	TITLE VI Subtitle A SEC. 60108.	FUNDING FOR SECTION 211(O) OF THE CLEAN AIR ACT.
4568	678.19 - 678.25	SEC. 60108.(a)	TEST AND PROTOCOL DEVELOPMENT. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain available until September 30, 2031, to carry out section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) with respect to
4569	679.1 - 679.3	SEC. 60108.(a)(1)	the development and establishment of tests and protocols regarding the environmental and public health effects of a fuel or fuel additive;
4570	679.4 - 679.7	SEC. 60108.(a)(2)	internal and extramural data collection and analyses to regularly update applicable regulations, guidance, and procedures for determining lifecycle greenhouse gas emissions of a fuel; and
4571	679.8 - 679.11	SEC. 60108.(a)(3)	the review, analysis, and evaluation of the impacts of all transportation fuels, including fuel lifecycle implications, on the general public and on low-income and disadvantaged communities.
4572	679.12 - 679.20	SEC. 60108.(b)	INVESTMENTS IN ADVANCED BIOFUELS. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until September 30, 2031, for new grants to industry and other related activities under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) to support investments in advanced biofuels.
4573	679.21 - 679.24	SEC. 60108.(c)	DEFINITION OF GREENHOUSE GAS. In this section, the term ‘‘greenhouse gas’’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
4574	680.1 - 680.3	TITLE VI Subtitle A SEC. 60109.	FUNDING FOR IMPLEMENTATION OF THE AMERICAN INNOVATION AND MANUFACTURING ACT.
4575	680.4 - 680.4	SEC. 60109.(a)	APPROPRIATIONS.
4576	680.5 - 680.13	SEC. 60109.(a)(1)	IN GENERAL. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency 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 carry out subsections (a) through (i) and subsection (k) of section 103 of division S of Public Law 116–260 (42 U.S.C. 7675).
4577	680.14 - 680.23	SEC. 60109.(a)(2)	IMPLEMENTATION AND COMPLIANCE TOOLS. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,500,000, to remain available until September 30, 2026, to deploy new implementation and compliance tools to carry out subsections (a) through (i) and subsection (k) of section 103 of division S of Public Law 116–260 (42 U.S.C. 7675).
4578	680.24 - 681.7	SEC. 60109.(a)(3)	COMPETITIVE GRANTS. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available until September 30, 2026, for competitive grants for reclaim and innovative destruction technologies under subsections (a) through (i) and subsection (k) of section 103 of division S of Public Law 116–260 (42 U.S.C. 7675).
4579	681.8 - 681.12	SEC. 60109.(b)	ADMINISTRATION OF FUNDS. Of the funds made available pursuant to subsection (a)(3), the Administrator of the Environmental Protection Agency shall reserve 5 percent for administrative costs necessary to carry out activities pursuant to such subsection.
4580	681.13 - 681.14	TITLE VI Subtitle A SEC. 60110.	FUNDING FOR ENFORCEMENT TECHNOLOGY AND PUBLIC INFORMATION.
4581	681.15 - 681.24	SEC. 60110.(a)	COMPLIANCE MONITORING. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $18,000,000, to remain available until September 30, 2031, to update the Integrated Compliance Information System of the Environmental Protection Agency and any associated systems, necessary information technology infrastructure, or public access software tools to ensure access to compliance data and related information.
4582	682.1 - 682.12	SEC. 60110.(b)	COMMUNICATIONS WITH ICIS. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until September 30, 2031, for grants to States, Indian tribes, and air pollution control agencies (as such terms are defined in section 302 of the Clean Air Act (42 U.S.C. 7602)) to update their systems to ensure communication with the Integrated Compliance Information System of the Environmental Protection Agency and any associated systems.
4583	682.13 - 682.18	SEC. 60110.(c)	INSPECTION SOFTWARE. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $4,000,000, to remain available until September 30, 2031
4584	682.19 - 682.23	SEC. 60110.(c)(1)	to acquire or update inspection software for use by the Environmental Protection Agency, States, Indian tribes, and air pollution control agencies (as such terms are defined in section 302 of the Clean Air Act (42 U.S.C. 7602)); or
4585	682.24 - 682.25	SEC. 60110.(c)(2)	to acquire necessary devices on which to run such inspection software.
4586	683.1 - 683.1	TITLE VI Subtitle A SEC. 60111.	GREENHOUSE GAS CORPORATE REPORTING.
4587	683.2 - 683.7	SEC. 60111.(a)	IN GENERAL. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain available until September 30, 2031, for the Environmental Protection Agency to support
4588	683.8 - 683.10	SEC. 60111.(a)(1)	enhanced standardization and transparency of corporate climate action commitments and plans to reduce greenhouse gas emissions;
4589	683.11 - 683.13	SEC. 60111.(a)(2)	enhanced transparency regarding progress toward meeting such commitments and implementing such plans; and
4590	683.14 - 683.15	SEC. 60111.(a)(3)	progress toward meeting such commitments and implementing such plans.
4591	683.16 - 683.19	SEC. 60111.(b)	DEFINITION OF GREENHOUSE GAS. In this section, the term ‘‘greenhouse gas’’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
4592	683.20 - 683.21	TITLE VI Subtitle A SEC. 60112.	ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE.
4593	683.22 - 684.8	SEC. 60112.(a)	IN GENERAL. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2031, to develop and carry out a program to support the development, enhanced standardization and transparency, and reporting criteria for environmental product declarations that include measurements of the embodied greenhouse gas emissions of the material or product associated with all relevant stages of production, use, and disposal, and conform with international standards, for construction materials and products by
4594	684.9 - 684.13	SEC. 60112.(a)(1)	providing grants to businesses that manufacture construction materials and products for developing and verifying environmental product declarations, and to States, Indian Tribes, and nonprofit organizations that will support such businesses;
4595	684.14 - 684.19	SEC. 60112.(a)(2)	providing technical assistance to businesses that manufacture construction materials and products in developing and verifying environmental product declarations, and to States, Indian Tribes, and nonprofit organizations that will support such businesses; and
4596	684.20 - 684.23	SEC. 60112.(a)(3)	carrying out other activities that assist in measuring, reporting, and steadily reducing the quantity of embodied carbon of construction materials and products.
4597	684.24 - 685.2	SEC. 60112.(b)	ADMINISTRATIVE COSTS. Of the amounts made available under this section, the Administrator of the Environmental Protection Agency shall reserve 5 percent for administrative costs necessary to carry out this section.
4598	685.3 - 685.3	SEC. 60112.(c)	DEFINITIONS. In this section:
4599	685.4 - 685.7	SEC. 60112.(c)(1)	GREENHOUSE GAS. The term ‘‘greenhouse gas’’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
4600	685.8 - 685.10	SEC. 60112.(c)(2)	STATE. The term ‘‘State’’ has the meaning given to that term in section 302(d) of the Clean Air Act (42 U.S.C. 7602(d)).
4601	685.11 - 685.14	TITLE VI Subtitle A SEC. 60113.	METHANE EMISSIONS REDUCTION PROGRAM. The Clean Air Act is amended by inserting after section 135 of such Act, as added by section 60107 of this Act, the following:
4602	685.15 - 685.17	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.	METHANE EMISSIONS AND WASTE REDUCTION INCENTIVE PROGRAM FOR PETROLEUM AND NATURAL GAS SYSTEMS.
4603	685.18 - 685.23	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)	INCENTIVES FOR METHANE MITIGATION AND MONITORING. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $850,000,000, to remain available until September 30, 2028
4604	685.24 - 686.5	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)(1)	for grants, rebates, contracts, loans, and other activities of the Environmental Protection Agency for the purposes of providing financial and technical assistance to owners and operators of applicable facilities to prepare and submit greenhouse gas reports under subpart W of part 98 of title 40, Code of Federal Regulations;
4605	686.6 - 686.9	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)(2)	for grants, rebates, contracts, loans, and other activities of the Environmental Protection Agency authorized under subsections (a) through (c) of section 103 for methane emissions monitoring;
4606	686.10 - 686.16	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)(3)	for grants, rebates, contracts, loans, and other activities of the Environmental Protection Agency for the purposes of providing financial and technical assistance to reduce methane and other greenhouse gas emissions from petroleum and natural gas systems, mitigate legacy air pollution from petroleum and natural gas systems, and provide funding for
4607	686.17 - 686.19	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)(3)(A)	improving climate resiliency of communities and petroleum and natural gas systems;
4608	686.20 - 686.22	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)(3)(B)	improving and deploying industrial equipment and processes that reduce methane and other greenhouse gas emissions and waste;
4609	686.23 - 686.25	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)(3)(C)	supporting innovation in reducing methane and other greenhouse gas emissions and waste from petroleum and natural gas systems;
4610	687.1 - 687.2	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)(3)(D)	permanently shutting in and plugging wells on non-Federal land;
4611	687.3 - 687.7	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)(3)(E)	mitigating health effects of methane and other greenhouse gas emissions, and legacy air pollution from petroleum and natural gas systems in low-income and disadvantaged communities; and
4612	687.8 - 687.9	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)(3)(F)	supporting environmental restoration; and
4613	687.10 - 687.12	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(a)(4)	to cover all direct and indirect costs required to administer this section, prepare inventories, gather empirical data, and track emissions.
4614	687.13 - 687.20	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(b)	INCENTIVES FOR METHANE MITIGATION FROM CONVENTIONAL WELLS. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $700,000,000, to remain available until September 30, 2028, for activities described in paragraphs (1)  through (4) of subsection (a) at marginal conventional wells.
4616	687.21 - 688.4	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(c)	WASTE EMISSIONS CHARGE. The Administrator shall impose and collect a charge on methane emissions that exceed an applicable waste emissions threshold under subsection (f) from an owner or operator of an applicable facility that reports more than 25,000 metric tons of carbon dioxide equivalent of greenhouse gases emitted per year pursuant to subpart W of part 98 of title 40, Code of Federal Regulations, regardless of the reporting threshold under that subpart.
4617	688.5 - 688.8	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(d)	APPLICABLE FACILITY. For purposes of this section, the term ‘applicable facility’ means a facility within the following industry segments, as defined in subpart W of part 98 of title 40, Code of Federal Regulations:
4618	688.9 - 688.10	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(d)(1)	Offshore petroleum and natural gas production.
4619	688.11 - 688.12	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(d)(2)	Onshore petroleum and natural gas production.
4620	688.13 - 688.13	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(d)(3)	Onshore natural gas processing.
4621	688.14 - 688.15	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(d)(4)	Onshore natural gas transmission compression.
4622	688.16 - 688.16	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(d)(5)	Underground natural gas storage.
4623	688.17 - 688.17	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(d)(6)	Liquefied natural gas storage.
4624	688.18 - 688.19	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(d)(7)	Liquefied natural gas import and export equipment.
4625	688.20 - 688.21	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(d)(8)	Onshore petroleum and natural gas gathering and boosting.
4626	688.22 - 688.22	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(d)(9)	Onshore natural gas transmission pipeline.
4627	688.23 - 688.25	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(e)	CHARGE AMOUNT. The amount of a charge under subsection (c) for an applicable facility shall be equal to the product obtained by multiplying
4628	689.1 - 689.6	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(e)(1)	the number of metric tons of methane emissions reported pursuant to subpart W of part 98 of title 40, Code of Federal Regulations, for the applicable facility that exceed the applicable annual waste emissions threshold listed in subsection (f) during the previous reporting period; and
4629	689.7 - 689.8	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(e)(2)(A)	$900 for emissions reported for calendar year 2024;
4630	689.9 - 689.10	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(e)(2)(B)	$1,200 for emissions reported for calendar year 2025; or
4631	689.11 - 689.12	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(e)(2)(C)	$1,500 for emissions reported for calendar year 2026 and each year thereafter.
4632	689.13 - 689.13	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)	WASTE EMISSIONS THRESHOLD.
4633	689.14 - 689.20	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(1)	PETROLEUM AND NATURAL GAS PRODUCTION. With respect to imposing and collecting the charge under subsection (c) for an applicable facility in an industry segment listed in paragraph (1) or (2) of subsection (d), the Administrator shall impose and collect the charge on the reported metric tons of methane emissions from such facility that exceed
4634	689.21 - 689.22	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(1)(A)	0.20 percent of the natural gas sent to sale from such facility; or
4635	689.23 - 689.25	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(1)(B)	10 metric tons of methane per million barrels of oil sent to sale from such facility, if such facility sent no natural gas to sale.
4636	690.1 - 690.9	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(2)	NONPRODUCTION PETROLEUM AND NATURAL GAS SYSTEMS. With respect to imposing and collecting the charge under subsection (c) for an applicable facility in an industry segment listed in paragraph (3), (6), (7), or (8) of subsection (d), the Administrator shall impose and collect the charge on the reported metric tons of methane emissions that exceed 0.05 percent of the natural gas sent to sale from or through such facility.
4637	690.10 - 690.17	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(3)	"NATURAL GAS TRANSMISSION. With respect to imposing and collecting the charge under subsection (c) for an applicable facility in an industry segment listed in paragraph (4), (5), or (9) of subsection (d), the Administrator shall impose and collect the charge on the reported metric tons of methane emissions that exceed 0.11 percent of the natural gas sent to sale from or through such facility."
4638	690.18 - 690.25	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(4)	COMMON OWNERSHIP OR CONTROL. In calculating the total emissions charge obligation for facilities under common ownership or control, the Administrator shall allow for the netting of emissions by reducing the total obligation to account for facility emissions levels that are below the applicable thresholds within and across all applicable segments identified in subsection (d).
4639	691.1 - 691.9	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(5)	EXEMPTION. Charges shall not be imposed pursuant to paragraph (1) on emissions that exceed the waste emissions threshold specified in such paragraph if such emissions are caused by unreasonable delay, as determined by the Administrator, in environmental permitting of gathering or transmission infrastructure necessary for offtake of increased volume as a result of methane emissions mitigation implementation.
4640	691.10 - 691.11	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(6)	EXEMPTION FOR REGULATORY COMPLIANCE.
4641	691.12 - 691.18	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(6)(A)	IN GENERAL. Charges shall not be imposed pursuant to subsection (c) on an applicable facility that is subject to and in compliance with methane emissions requirements pursuant to subsections (b) and (d) of section 111 upon a determination by the Administrator that
4642	691.19 - 691.23	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(6)(A)(i)	methane emissions standards and plans pursuant to subsections (b) and (d) of section 111 have been approved and are in effect in all States with respect to the applicable facilities; and
4643	691.24 - 692.9	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(6)(A)(ii)	compliance with the requirements described in clause (i) will result in equivalent or greater emissions reductions as would be achieved by the proposed rule of the Administrator entitled ‘Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review’ (86 Fed. Reg. 63110 (November 15, 2021)), if such rule had been finalized and implemented.
4644	692.10 - 692.18	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(6)(B)	RESUMPTION OF CHARGE. If the conditions in clause (i) or (ii) of subparagraph (A) cease to apply after the Administrator has made the determination in that subparagraph, the applicable facility will again be subject to the charge under subsection (c) beginning in the first calendar year in which the conditions in either clause (i) or (ii) of that subparagraph are no longer met.
4645	692.19 - 692.24	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(f)(7)	PLUGGED WELLS. Charges shall not be imposed with respect to the emissions rate from any well that has been permanently shut-in and plugged in the previous year in accordance with all applicable closure requirements, as determined by the Administrator.
4646	693.1 - 693.4	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(g)	PERIOD. The charge under subsection (c) shall be imposed and collected beginning with respect to emissions reported for calendar year 2024 and for each year thereafter.
4647	693.5 - 693.17	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(h)	REPORTING. Not later than 2 years after the date of enactment of this section, the Administrator shall revise the requirements of subpart W of part 98 of title 40, Code of Federal Regulations, to ensure the reporting under such subpart, and calculation of charges under subsections (e)  and (f) of this section, are based on empirical data, including data collected pursuant to subsection (a)(4), accurately reflect the total methane emissions and waste emissions from the applicable facilities, and allow owners and operators of applicable facilities to submit empirical emissions data, in a manner to be prescribed by the Administrator, to demonstrate the extent to which a charge under subsection (c) is owed.
4649	693.18 - 693.21	[TITLE VI Subtitle A SEC. 60113.] SEC. 136.(i)	DEFINITION OF GREENHOUSE GAS. In this section, the term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.’’.
4650	693.22 - 693.25	TITLE VI Subtitle A SEC. 60114.	CLIMATE POLLUTION REDUCTION GRANTS. The Clean Air Act is amended by inserting after section 136 of such Act, as added by section 60113 of this Act, the following:
4651	694.1 - 694.2	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.	GREENHOUSE GAS AIR POLLUTION PLANS AND IMPLEMENTATION GRANTS.
4652	694.3 - 694.3	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(a)	APPROPRIATIONS.
4653	694.4 - 694.10	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(a)(1)	GREENHOUSE GAS AIR POLLUTION PLANNING GRANTS. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2031, to carry out subsection (b).
4654	694.11 - 694.17	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(a)(2)	GREENHOUSE GAS AIR POLLUTION IMPLEMENTATION GRANTS. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $4,750,000,000, to remain available until September 30, 2026, to carry out subsection (c).
4655	694.18 - 694.25	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(a)(3)	ADMINISTRATIVE COSTS. Of the funds made available under paragraph (2), the Administrator shall reserve 3 percent for administrative costs necessary to carry out this section, to provide technical assistance to eligible entities, to develop a plan that could be used as a model by grantees in developing a plan under subsection (b), and to model the effects of plans described in this section.
4656	695.1 - 695.11	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(b)	GREENHOUSE GAS AIR POLLUTION PLANNING GRANTS. The Administrator shall make a grant to at least one eligible entity in each State for the costs of developing a plan for the reduction of greenhouse gas air pollution to be submitted with an application for a grant under subsection (c). Each such plan shall include programs, policies, measures, and projects that will achieve or facilitate the reduction of greenhouse gas air pollution. Not later than 270 days after the date of enactment of this section, the Administrator shall publish a funding opportunity announcement for grants under this subsection.
4657	695.12 - 695.13	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(c)	GREENHOUSE GAS AIR POLLUTION REDUCTION IMPLEMENTATION GRANTS.
4658	695.14 - 695.16	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(c)(1)	IN GENERAL. The Administrator shall competitively award grants to eligible entities to implement plans developed under subsection (b).
4659	695.17 - 695.25	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(c)(2)	APPLICATION. To apply for a grant under this subsection, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator shall require, which such application shall include information regarding the degree to which greenhouse gas air pollution is projected to be reduced in total and with respect to low-income and disadvantaged communities.
4660	696.1 - 696.8	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(c)(3)	TERMS AND CONDITIONS. The Administrator shall make funds available to a grantee under this subsection in such amounts, upon such a schedule, and subject to such conditions based on its performance in implementing its plan submitted under this section and in achieving projected greenhouse gas air pollution reduction, as determined by the Administrator.
4661	696.9 - 696.9	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(d)	DEFINITIONS. In this section:
4662	696.10 - 696.11	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(d)(1)	ELIGIBLE ENTITY. The term ‘eligible entity’ means
4663	696.12 - 696.12	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(d)(1)(A)	a State;
4664	696.13 - 696.13	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(d)(1)(B)	an air pollution control agency;
4665	696.14 - 696.14	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(d)(1)(C)	a municipality;
4666	696.15 - 696.15	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(d)(1)(D)	an Indian tribe; and
4667	696.16 - 696.17	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(d)(1)(E)	a group of one or more entities listed in subparagraphs (A) through (D).
4668	696.18 - 696.21	[TITLE VI Subtitle A SEC. 60114.] SEC. 137.(d)(2)	GREENHOUSE GAS. The term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.’’.
4669	696.22 - 697.13	TITLE VI Subtitle A SEC. 60115.	ENVIRONMENTAL PROTECTION AGENCY EFFICIENT, ACCURATE, AND TIMELY REVIEWS. In addition to amounts otherwise available, there is appropriated to the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $40,000,000, to remain available until September 30, 2026, to provide for the development of efficient, accurate, and timely reviews for permitting and approval processes through the hiring and training of personnel, the development of programmatic documents, the procurement of technical or scientific services for reviews, the development of environmental data or information systems, stakeholder and community engagement, the purchase of new equipment for environmental analysis, and the development of geographic information systems and other analysis tools, techniques, and guidance to improve agency transparency, accountability, and public engagement.
4670	697.14 - 697.15	TITLE VI Subtitle A SEC. 60116.	LOW-EMBODIED CARBON LABELING FOR CONSTRUCTION MATERIALS.
4671	697.16 - 698.9	SEC. 60116.(a)	IN GENERAL. In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency 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 necessary administrative costs of the Administrator of the Environmental Protection Agency to carry out this section and to develop and carry out a program, in consultation with the Administrator of the Federal Highway Administration for construction materials used in transportation projects and the Administrator of General Services for construction materials used for Federal buildings, to identify and label construction materials and products that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products, as determined by the Administrator of the Environmental Protection Agency, based on
4672	698.10 - 698.10	SEC. 60116.(a)(1)	environmental product declarations; or
4673	698.11 - 698.13	SEC. 60116.(a)(2)	determinations by State agencies, as verified by the Administrator of the Environmental Protection Agency.
4674	698.14 - 698.17	SEC. 60116.(b)	DEFINITION OF GREENHOUSE GAS. In this section, the term ‘‘greenhouse gas’’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
4675	698.18 - 698.18	TITLE VI Subtitle B	Hazardous Materials
4676	698.19 - 698.22	TITLE VI Subtitle B SEC. 60201.	ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS. The Clean Air Act is amended by inserting after section 137, as added by subtitle A of this title, the following:
4677	699.1 - 699.2	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.	ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
4678	699.3 - 699.6	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(a)	APPROPRIATION. In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated
4679	699.7 - 699.9	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(a)(1)	$2,800,000,000 to remain available until September 30, 2026, to award grants for the activities described in subsection (b); and
4680	699.10 - 699.13	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(a)(2)	$200,000,000 to remain available until September 30, 2026, to provide technical assistance to eligible entities related to grants awarded under this section.
4681	699.14 - 699.14	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)	GRANTS.
4682	699.15 - 699.20	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(1)	IN GENERAL. The Administrator shall use amounts made available under subsection (a)(1) to award grants for periods of up to 3 years to eligible entities to carry out activities described in paragraph (2)  that benefit disadvantaged communities, as defined by the Administrator.
4684	699.21 - 699.22	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(2)	ELIGIBLE ACTIVITIES. An eligible entity may use a grant awarded under this subsection for
4685	699.23 - 700.2	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(2)(A)	community-led air and other pollution monitoring, prevention, and remediation, and investments in low- and zero-emission and resilient technologies and related infrastructure and workforce development that help reduce greenhouse gas emissions and other air pollutants;
4686	700.3 - 700.5	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(2)(B)	mitigating climate and health risks from urban heat islands, extreme heat, wood heater emissions, and wildfire events;
4687	700.6 - 700.6	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(2)(C)	climate resiliency and adaptation;
4688	700.7 - 700.8	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(2)(D)	reducing indoor toxics and indoor air pollution; or
4689	700.9 - 700.12	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(2)(E)	facilitating engagement of disadvantaged communities in State and Federal advisory groups, workshops, rulemakings, and other public processes.
4690	700.13 - 700.14	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(3)	ELIGIBLE ENTITIES. In this subsection, the term ‘eligible entity’ means
4691	700.15 - 700.15	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(3)(A)	a partnership between
4692	700.16 - 700.18	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(3)(A)(i)	an Indian tribe, a local government, or an institution of higher education; and
4693	700.19 - 700.20	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(3)(A)(ii)	a community-based nonprofit organization;
4694	700.21 - 700.22	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(3)(B)	a community-based nonprofit organization; or
4695	700.23 - 700.24	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(b)(3)(C)	a partnership of community-based nonprofit organizations.
4696	701.1 - 701.4	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(c)	ADMINISTRATIVE COSTS. The Administrator shall reserve 7 percent of the amounts made available under subsection (a) for administrative costs to carry out this section.
4697	701.5 - 701.8	[TITLE VI Subtitle B SEC. 60201.] SEC. 138.(d)	DEFINITION OF GREENHOUSE GAS. In this section, the term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.’’.
4698	701.9 - 701.10	TITLE VI Subtitle C	United States Fish and Wildlife Service
4699	701.11 - 701.19	TITLE VI Subtitle C SEC. 60301.	ENDANGERED SPECIES ACT RECOVERY PLANS. In addition to amounts otherwise available, there is appropriated to the United States Fish and Wildlife Service for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $125,000,000, to remain available until expended, for the purposes of developing and implementing recovery plans under paragraphs (1), (3), and (4) of subsection (f) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)).
4700	701.20 - 701.22	TITLE VI Subtitle C SEC. 60302.	FUNDING FOR THE UNITED STATES FISH AND WILDLIFE SERVICE TO ADDRESS WEATHER EVENTS.
4701	701.23 - 702.6	SEC. 60302.(a)	IN GENERAL. In addition to amounts otherwise available, there is appropriated to the United States Fish and Wildlife Service for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $121,250,000, to remain available until September 30, 2026, to make direct expenditures, award grants, and enter into contracts and cooperative agreements for the purposes of rebuilding and restoring units of the National Wildlife Refuge System and State wildlife management areas by
4702	702.7 - 702.7	SEC. 60302.(a)(1)	addressing the threat of invasive species;
4703	702.8 - 702.10	SEC. 60302.(a)(2)	increasing the resiliency and capacity of habitats and infrastructure to withstand weather events; and
4704	702.11 - 702.12	SEC. 60302.(a)(3)	reducing the amount of damage caused by weather events.
4705	702.13 - 702.19	SEC. 60302.(b)	ADMINISTRATIVE COSTS. In addition to amounts otherwise available, there is appropriated to the United States Fish and Wildlife Service for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,750,000, to remain available until September 30, 2026, for necessary administrative expenses associated with carrying out this section.
4706	702.20 - 702.21	TITLE VI Subtitle D	Council on Environmental Quality
4707	702.22 - 703.3	TITLE VI Subtitle D SEC. 60401.	ENVIRONMENTAL AND CLIMATE DATA COLLECTION. In addition to amounts otherwise available, there is appropriated to the Chair of the Council on Environmental Quality for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $32,500,000, to remain available until September 30, 2026
4708	703.4 - 703.5	SEC. 60401.(1)	to support data collection efforts relating to
4709	703.6 - 703.7	SEC. 60401.(1)(A)	disproportionate negative environmental harms and climate impacts; and
4710	703.8 - 703.9	SEC. 60401.(1)(B)	cumulative impacts of pollution and temperature rise;
4711	703.10 - 703.14	SEC. 60401.(2)	to establish, expand, and maintain efforts to track disproportionate burdens and cumulative impacts and provide academic and workforce support for analytics and informatics infrastructure and data collection systems; and
4712	703.15 - 703.17	SEC. 60401.(3)	to support efforts to ensure that any mapping or screening tool is accessible to communitybased organizations and community members.
4713	703.18 - 704.5	TITLE VI Subtitle D SEC. 60402.	COUNCIL ON ENVIRONMENTAL QUALITY EFFICIENT AND EFFECTIVE ENVIRONMENTAL REVIEWS. In addition to amounts otherwise available, there is appropriated to the Chair of the Council on Environmental Quality for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $30,000,000, to remain available until September 30, 2026, to carry out the Council on Environmental Quality’s functions and for the purposes of training personnel, developing programmatic environmental documents, and developing tools, guidance, and techniques to improve stakeholder and community engagement.
4714	704.6 - 704.7	TITLE VI Subtitle E	Transportation and Infrastructure
4715	704.8 - 704.9	TITLE VI Subtitle E SEC. 60501.	NEIGHBORHOOD ACCESS AND EQUITY GRANT PROGRAM.
4716	704.10 - 704.11	SEC. 60501.(a)	IN GENERAL. Chapter 1 of title 23, United States Code, is amended by adding at the end the following:
4717	704.12 - 704.13	[SEC. 60501.(a)] § 177.	Neighborhood access and equity grant program
4718	704.14 - 704.20	[SEC. 60501.(a)] § 177.(a)	IN GENERAL. In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,893,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration for competitive grants to eligible entities described in subsection (b)
4719	704.21 - 704.23	[SEC. 60501.(a)] § 177.(a)(1)	to improve walkability, safety, and affordable transportation access through projects that are context-sensitive
4720	704.24 - 704.25	[SEC. 60501.(a)] § 177.(a)(1)(A)	to remove, remediate, or reuse a facility described in subsection (c)(1);
4721	705.1 - 705.3	[SEC. 60501.(a)] § 177.(a)(1)(B)	to replace a facility described in subsection (c)(1) with a facility that is at-grade or lower speed;
4722	705.4 - 705.5	[SEC. 60501.(a)] § 177.(a)(1)(C)	to retrofit or cap a facility described in subsection (c)(1);
4723	705.6 - 705.8	[SEC. 60501.(a)] § 177.(a)(1)(D)	to build or improve complete streets, multiuse trails, regional greenways, or active transportation networks and spines; or
4724	705.9 - 705.11	[SEC. 60501.(a)] § 177.(a)(1)(E)	to provide affordable access to essential destinations, public spaces, or transportation links and hubs;
4725	705.12 - 705.15	[SEC. 60501.(a)] § 177.(a)(2)	to mitigate or remediate negative impacts on the human or natural environment resulting from a facility described in subsection (c)(2) in a disadvantaged or underserved community through
4726	705.16 - 705.17	[SEC. 60501.(a)] § 177.(a)(2)(A)	noise barriers to reduce impacts resulting from a facility described in subsection (c)(2);
4727	705.18 - 705.20	[SEC. 60501.(a)] § 177.(a)(2)(B)	technologies, infrastructure, and activities to reduce surface transportation-related greenhouse gas emissions and other air pollution;
4728	705.21 - 705.25	[SEC. 60501.(a)] § 177.(a)(2)(C)	natural infrastructure, pervious, permeable, or porous pavement, or protective features to reduce or manage stormwater run-off resulting from a facility described in subsection (c)(2);
4730	706.1 - 706.4	[SEC. 60501.(a)] § 177.(a)(2)(D)	infrastructure and natural features to reduce or mitigate urban heat island hot spots in the transportation right-of-way or on surface transportation facilities; or
4731	706.5 - 706.6	[SEC. 60501.(a)] § 177.(a)(2)(E)	safety improvements for vulnerable road users; and
4732	706.7 - 706.9	[SEC. 60501.(a)] § 177.(a)(3)	for planning and capacity building activities in disadvantaged or underserved communities to
4733	706.10 - 706.15	[SEC. 60501.(a)] § 177.(a)(3)(A)	identify, monitor, or assess local and ambient air quality, emissions of transportation greenhouse gases, hot spot areas of extreme heat or elevated air pollution, gaps in tree canopy coverage, or flood prone transportation infrastructure;
4734	706.16 - 706.18	[SEC. 60501.(a)] § 177.(a)(3)(B)	assess transportation equity or pollution impacts and develop local anti-displacement policies and community benefit agreements;
4735	706.19 - 706.20	[SEC. 60501.(a)] § 177.(a)(3)(C)	conduct predevelopment activities for projects eligible under this subsection;
4736	706.21 - 706.24	[SEC. 60501.(a)] § 177.(a)(3)(D)	expand public participation in transportation planning by individuals and organizations in disadvantaged or underserved communities; or
4737	707.1 - 707.3	[SEC. 60501.(a)] § 177.(a)(3)(E)	administer or obtain technical assistance related to activities described in this subsection.
4738	707.4 - 707.5	[SEC. 60501.(a)] § 177.(b)	ELIGIBLE ENTITIES DESCRIBED. An eligible entity referred to in subsection (a) is
4739	707.6 - 707.6	[SEC. 60501.(a)] § 177.(b)(1)	a State;
4740	707.7 - 707.7	[SEC. 60501.(a)] § 177.(b)(2)	a unit of local government;
4741	707.8 - 707.8	[SEC. 60501.(a)] § 177.(b)(3)	a political subdivision of a State;
4742	707.9 - 707.9	[SEC. 60501.(a)] § 177.(b)(4)	an entity described in section 207(m)(1)(E);
4743	707.10 - 707.10	[SEC. 60501.(a)] § 177.(b)(5)	a territory of the United States;
4744	707.11 - 707.12	[SEC. 60501.(a)] § 177.(b)(6)	a special purpose district or public authority with a transportation function;
4745	707.13 - 707.14	[SEC. 60501.(a)] § 177.(b)(7)	a metropolitan planning organization (as defined in section 134(b)(2)); or
4746	707.15 - 707.20	[SEC. 60501.(a)] § 177.(b)(8)	with respect to a grant described in subsection (a)(3), in addition to an eligible entity described in paragraphs (1) through (7), a nonprofit organization or institution of higher education that has entered into a partnership with an eligible entity described in paragraphs (1) through (7).
4747	707.21 - 707.22	[SEC. 60501.(a)] § 177.(c)	FACILITY DESCRIBED. A facility referred to in subsection (a) is
4748	707.23 - 708.2	[SEC. 60501.(a)] § 177.(c)(1)	a surface transportation facility for which high speeds, grade separation, or other design factors create an obstacle to connectivity within a community; or
4749	708.3 - 708.6	[SEC. 60501.(a)] § 177.(c)(2)	a surface transportation facility which is a source of air pollution, noise, stormwater, or other burden to a disadvantaged or underserved community.
4750	708.7 - 708.8	[SEC. 60501.(a)] § 177.(d)	INVESTMENT IN ECONOMICALLY DISADVANTAGED COMMUNITIES.
4751	708.9 - 708.17	[SEC. 60501.(a)] § 177.(d)(1)	IN GENERAL. In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,262,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration to provide grants for projects in communities described in paragraph (2)  for the same purposes and administered in the same manner as described in subsection (a).
4753	708.18 - 708.19	[SEC. 60501.(a)] § 177.(d)(2)	COMMUNITIES DESCRIBED. A community referred to in paragraph (1) is a community that
4754	708.20 - 708.22	[SEC. 60501.(a)] § 177.(d)(2)(A)	is economically disadvantaged, underserved, or located in an area of persistent poverty;
4755	708.23 - 708.25	[SEC. 60501.(a)] § 177.(d)(2)(B)	has entered or will enter into a community benefits agreement with representatives of the community;
4756	709.1 - 709.3	[SEC. 60501.(a)] § 177.(d)(2)(C)	has an anti-displacement policy, a community land trust, or a community advisory board in effect; or
4757	709.4 - 709.6	[SEC. 60501.(a)] § 177.(d)(2)(D)	has demonstrated a plan for employing local residents in the area impacted by the activity or project proposed under this section.
4758	709.7 - 709.7	[SEC. 60501.(a)] § 177.(e)	ADMINISTRATION.
4759	709.8 - 709.10	[SEC. 60501.(a)] § 177.(e)(1)	IN GENERAL. A project carried out under subsection (a) or (d) shall be treated as a project on a Federal-aid highway.
4760	709.11 - 709.16	[SEC. 60501.(a)] § 177.(e)(2)	COMPLIANCE WITH EXISTING REQUIREMENTS. Funds made available for a grant under this section and administered by or through a State department of transportation shall be expended in compliance with the U.S. Department of Transportation’s Disadvantaged Business Enterprise Program.
4761	709.17 - 709.21	[SEC. 60501.(a)] § 177.(f)	COST SHARE. The Federal share of the cost of an activity carried out using a grant awarded under this section shall be not more than 80 percent, except that the Federal share of the cost of a project in a disadvantaged or underserved community may be up to 100 percent.
4762	709.22 - 710.2	[SEC. 60501.(a)] § 177.(g)	TECHNICAL ASSISTANCE. In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration for
4763	710.3 - 710.6	[SEC. 60501.(a)] § 177.(g)(1)	guidance, technical assistance, templates, training, or tools to facilitate efficient and effective contracting, design, and project delivery by units of local government;
4764	710.7 - 710.10	[SEC. 60501.(a)] § 177.(g)(2)	subgrants to units of local government to build capacity of such units of local government to assume responsibilities to deliver surface transportation projects; and
4765	710.11 - 710.12	[SEC. 60501.(a)] § 177.(g)(3)	operations and administration of the Federal Highway Administration.
4766	710.13 - 710.14	[SEC. 60501.(a)] § 177.(h)	LIMITATIONS. Amounts made available under this section shall not
4767	710.15 - 710.18	[SEC. 60501.(a)] § 177.(h)(1)	be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways; and
4768	710.19 - 710.20	[SEC. 60501.(a)] § 177.(h)(2)	be used for a project for additional through travel lanes for single-occupant passenger vehicles.’’.
4769	710.21 - 710.23	SEC. 60501.(b)	CLERICAL AMENDMENT. The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following:
4770	711.1 - 711.11	TITLE VI Subtitle E SEC. 60502.	ASSISTANCE FOR FEDERAL BUILDINGS. In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2031, to be deposited in the Federal Buildings Fund established under section 592 of title 40, United States Code, for measures necessary to convert facilities of the Administrator of General Services to high-performance green buildings (as defined in section 401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061)).
4771	711.12 - 711.12	TITLE VI Subtitle E SEC. 60503.	USE OF LOW-CARBON MATERIALS.
4772	711.13 - 712.2	SEC. 60503.(a)	APPROPRIATION. In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,150,000,000, to remain available until September 30, 2026, to be deposited in the Federal Buildings Fund established under section 592 of title 40, United States Code, to acquire and install materials and products for use in the construction or alteration of buildings under the jurisdiction, custody, and control of the General Services Administration that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production, use, and disposal as compared to estimated industry averages of similar materials or products, as determined by the Administrator of the Environmental Protection Agency.
4773	712.3 - 712.6	SEC. 60503.(b)	DEFINITION OF GREENHOUSE GAS. In this section, the term ‘‘greenhouse gas’’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
4774	712.7 - 712.17	TITLE VI Subtitle E SEC. 60504.	GENERAL SERVICES ADMINISTRATION EMERGING TECHNOLOGIES. In addition to amounts otherwise available, there is appropriated to the Administrator of General Services for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $975,000,000, to remain available until September 30, 2026, to be deposited in the Federal Buildings Fund established under section 592 of title 40, United States Code, for emerging and sustainable technologies, and related sustainability and environmental programs.
4775	712.18 - 712.19	TITLE VI Subtitle E SEC. 60505.	ENVIRONMENTAL REVIEW IMPLEMENTATION FUNDS.
4776	712.20 - 712.21	SEC. 60505.(a)	IN GENERAL. Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:
4777	712.22 - 712.22	[SEC. 60505.(a)] § 178.	Environmental review implementation funds
4778	712.23 - 713.4	[SEC. 60505.(a)] § 178.(a)	ESTABLISHMENT. In addition to amounts otherwise available, for fiscal year 2022, there is appropriated to the Administrator, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2026, for the purpose of facilitating the development and review of documents for the environmental review process for proposed projects through
4779	713.5 - 713.10	[SEC. 60505.(a)] § 178.(a)(1)	the provision of guidance, technical assistance, templates, training, or tools to facilitate an efficient and effective environmental review process for surface transportation projects and any administrative expenses of the Federal Highway Administration to conduct activities described in this section; and
4780	713.11 - 713.12	[SEC. 60505.(a)] § 178.(a)(2)	providing funds made available under this subsection to eligible entities
4781	713.13 - 713.14	[SEC. 60505.(a)] § 178.(a)(2)(A)	to build capacity of such eligible entities to conduct environmental review processes;
4782	713.15 - 713.16	[SEC. 60505.(a)] § 178.(a)(2)(B)	to facilitate the environmental review process for proposed projects by
4783	713.17 - 713.17	[SEC. 60505.(a)] § 178.(a)(2)(B)(i)	defining the scope or study areas;
4784	713.18 - 713.19	[SEC. 60505.(a)] § 178.(a)(2)(B)(ii)	identifying impacts, mitigation measures, and reasonable alternatives;
4785	713.20 - 713.25	[SEC. 60505.(a)] § 178.(a)(2)(B)(iii)	preparing planning and environmental studies and other documents prior to and during the environmental review process, for potential use in the environmental review process in accordance with applicable statutes and regulations;
4786	714.1 - 714.2	[SEC. 60505.(a)] § 178.(a)(2)(B)(iv)	conducting public engagement activities; and
4787	714.3 - 714.7	[SEC. 60505.(a)] § 178.(a)(2)(B)(v)	carrying out permitting or other activities, as the Administrator determines to be appropriate, to support the timely completion of an environmental review process required for a proposed project; and
4788	714.8 - 714.10	[SEC. 60505.(a)] § 178.(a)(2)(C)	for administrative expenses of the eligible entity to conduct any of the activities described in subparagraphs (A) and (B).
4789	714.11 - 714.11	[SEC. 60505.(a)] § 178.(b)	COST SHARE.
4790	714.12 - 714.14	[SEC. 60505.(a)] § 178.(b)(1)	IN GENERAL. The Federal share of the cost of an activity carried out under this section by an eligible entity shall be not more than 80 percent.
4791	714.15 - 714.19	[SEC. 60505.(a)] § 178.(b)(2)	SOURCE OF FUNDS. The non-Federal share of the cost of an activity carried out under this section by an eligible entity may be satisfied using funds made available to the eligible entity under any other Federal, State, or local grant program.
4792	714.20 - 714.20	[SEC. 60505.(a)] § 178.(c)	DEFINITIONS. In this section:
4793	714.21 - 714.23	[SEC. 60505.(a)] § 178.(c)(1)	ADMINISTRATOR. The term ‘Administrator’ means the Administrator of the Federal Highway Administration.
4794	714.24 - 714.25	[SEC. 60505.(a)] § 178.(c)(2)	ELIGIBLE ENTITY. The term ‘eligible entity’ means
4795	715.1 - 715.1	[SEC. 60505.(a)] § 178.(c)(2)(A)	a State;
4796	715.2 - 715.2	[SEC. 60505.(a)] § 178.(c)(2)(B)	a unit of local government;
4797	715.3 - 715.3	[SEC. 60505.(a)] § 178.(c)(2)(C)	a political subdivision of a State;
4798	715.4 - 715.4	[SEC. 60505.(a)] § 178.(c)(2)(D)	a territory of the United States;
4799	715.5 - 715.6	[SEC. 60505.(a)] § 178.(c)(2)(E)	an entity described in section 207(m)(1)(E);
4800	715.7 - 715.8	[SEC. 60505.(a)] § 178.(c)(2)(F)	a recipient of funds under section 203; or
4801	715.9 - 715.10	[SEC. 60505.(a)] § 178.(c)(2)(G)	a metropolitan planning organization (as defined in section 134(b)(2)).
4802	715.11 - 715.13	[SEC. 60505.(a)] § 178.(c)(3)	ENVIRONMENTAL REVIEW PROCESS. The term ‘environmental review process’ has the meaning given the term in section 139(a)(5).
4803	715.14 - 715.16	[SEC. 60505.(a)] § 178.(c)(4)	PROPOSED PROJECT. The term ‘proposed project’ means a surface transportation project for which an environmental review process is required.’’.
4804	715.17 - 715.19	SEC. 60505.(b)	CLERICAL AMENDMENT. The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following:
4805	715.20 - 715.21	TITLE VI Subtitle E SEC. 60506.	LOW-CARBON TRANSPORTATION MATERIALS GRANTS.
4806	715.22 - 715.23	SEC. 60506.(a)	IN GENERAL. Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:
4807	716.1 - 716.1	[SEC. 60506.(a)] § 179.	Low-carbon transportation materials grants
4808	716.2 - 716.16	[SEC. 60506.(a)] § 179.(a)	FEDERAL HIGHWAY ADMINISTRATION APPROPRIATION. In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until September 30, 2026, to the Administrator to reimburse or provide incentives to eligible recipients for the use, in projects, of construction materials and products that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production, use, and disposal as compared to estimated industry averages of similar materials or products, as determined by the Administrator of the Environmental Protection Agency, and for the operations and administration of the Federal Highway Administration to carry out this section.
4809	716.17 - 716.18	[SEC. 60506.(a)] § 179.(b)	REIMBURSEMENT OF INCREMENTAL COSTS; INCENTIVES.
4810	716.19 - 716.23	[SEC. 60506.(a)] § 179.(b)(1)	IN GENERAL. The Administrator shall, subject to the availability of funds, either reimburse or provide incentives to eligible recipients that use low-embodied carbon construction materials and products on a project funded under this title.
4811	716.24 - 716.25	[SEC. 60506.(a)] § 179.(b)(2)	REIMBURSEMENT AND INCENTIVE AMOUNTS.
4812	717.1 - 717.6	[SEC. 60506.(a)] § 179.(b)(2)(A)	INCREMENTAL AMOUNT. The amount of reimbursement under paragraph (1) shall be equal to the incrementally higher cost of using such materials relative to the cost of using traditional materials, as determined by the eligible recipient and verified by the Administrator.
4813	717.7 - 717.11	[SEC. 60506.(a)] § 179.(b)(2)(B)	INCENTIVE AMOUNT. The amount of an incentive under paragraph (1) shall be equal to 2 percent of the cost of using low-embodied carbon construction materials and products on a project funded under this title.
4814	717.12 - 717.16	[SEC. 60506.(a)] § 179.(b)(3)	FEDERAL SHARE. If a reimbursement or incentive is provided under paragraph (1), the total Federal share payable for the project for which the reimbursement or incentive is provided shall be up to 100 percent.
4815	717.17 - 717.17	[SEC. 60506.(a)] § 179.(b)(4)	LIMITATIONS.
4816	717.18 - 717.20	[SEC. 60506.(a)] § 179.(b)(4)(A)	IN GENERAL. The Administrator shall only provide a reimbursement or incentive under paragraph (1) for a project on a
4817	717.21 - 717.21	[SEC. 60506.(a)] § 179.(b)(4)(A)(i)	Federal-aid highway;
4818	717.22 - 717.22	[SEC. 60506.(a)] § 179.(b)(4)(A)(ii)	tribal transportation facility;
4819	717.23 - 717.24	[SEC. 60506.(a)] § 179.(b)(4)(A)(iii)	Federal lands transportation facility; or
4820	718.1 - 718.2	[SEC. 60506.(a)] § 179.(b)(4)(A)(iv)	Federal lands access transportation facility.
4821	718.3 - 718.8	[SEC. 60506.(a)] § 179.(b)(4)(B)	OTHER RESTRICTIONS. Amounts made available under this section shall not be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways.
4822	718.9 - 718.13	[SEC. 60506.(a)] § 179.(b)(4)(C)	SINGLE OCCUPANT PASSENGER VEHICLES. Funds made available under this section shall not be used for projects that result in additional through travel lanes for single occupant passenger vehicles.
4823	718.14 - 718.19	[SEC. 60506.(a)] § 179.(b)(5)	MATERIALS IDENTIFICATION. The Administrator shall review the low-embodied carbon construction materials and products identified by the Administrator of the Environmental Protection Agency and shall identify low-embodied carbon construction materials and products
4824	718.20 - 718.21	[SEC. 60506.(a)] § 179.(b)(5)(A)	appropriate for use in projects eligible under this title; and
4825	718.22 - 718.23	[SEC. 60506.(a)] § 179.(b)(5)(B)	eligible for reimbursement or incentives under this section.
4826	718.24 - 718.24	[SEC. 60506.(a)] § 179.(c)	DEFINITIONS. In this section:
4827	719.1 - 719.3	[SEC. 60506.(a)] § 179.(c)(1)	ADMINISTRATOR. The term ‘Administrator’ means the Administrator of the Federal Highway Administration.
4828	719.4 - 719.5	[SEC. 60506.(a)] § 179.(c)(2)	ELIGIBLE RECIPIENT. The term ‘eligible recipient’ means
4829	719.6 - 719.6	[SEC. 60506.(a)] § 179.(c)(2)(A)	a State;
4830	719.7 - 719.7	[SEC. 60506.(a)] § 179.(c)(2)(B)	a unit of local government;
4831	719.8 - 719.8	[SEC. 60506.(a)] § 179.(c)(2)(C)	a political subdivision of a State;
4832	719.9 - 719.9	[SEC. 60506.(a)] § 179.(c)(2)(D)	a territory of the United States;
4833	719.10 - 719.11	[SEC. 60506.(a)] § 179.(c)(2)(E)	an entity described in section 207(m)(1)(E);
4834	719.12 - 719.12	[SEC. 60506.(a)] § 179.(c)(2)(F)	a recipient of funds under section 203;
4835	719.13 - 719.14	[SEC. 60506.(a)] § 179.(c)(2)(G)	a metropolitan planning organization (as defined in section 134(b)(2)); or
4836	719.15 - 719.16	[SEC. 60506.(a)] § 179.(c)(2)(H)	a special purpose district or public authority with a transportation function.
4837	719.17 - 719.20	[SEC. 60506.(a)] § 179.(c)(3)	GREENHOUSE GAS. The term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.’’.
4838	719.21 - 719.23	SEC. 60506.(b)	CLERICAL AMENDMENT. The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following:
4839	720.1 - 720.3	TITLE VII	COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
4840	720.4 - 720.12	TITLE VII SEC. 70001.	DHS OFFICE OF CHIEF READINESS SUPPORT OFFICER. In addition to the amounts otherwise available, there is appropriated to the Secretary of Homeland Security for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $500,000,000, to remain available until September 30, 2028, for the Office of the Chief Readiness Support Officer to carry out sustainability and environmental programs.
4841	720.13 - 720.20	TITLE VII SEC. 70002.	UNITED STATES POSTAL SERVICE CLEAN FLEETS. In addition to amounts otherwise available, there is appropriated to the United States Postal Service for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, the following amounts, to be deposited into the Postal Service Fund established under section 2003 of title 39, United States Code:
4842	720.21 - 720.23	SEC. 70002.(1)	$1,290,000,000, to remain available through September 30, 2031, for the purchase of zero-emission delivery vehicles.
4843	720.24 - 721.4	SEC. 70002.(2)	$1,710,000,000, to remain available through September 30, 2031, for the purchase, design, and installation of the requisite infrastructure to support zero-emission delivery vehicles at facilities that the United States Postal Service owns or leases from nonFederal entities.
4844	721.5 - 721.13	TITLE VII SEC. 70003.	UNITED STATES POSTAL SERVICE OFFICE OF INSPECTOR GENERAL. In addition to amounts otherwise available, there is appropriated to the Office of Inspector General of the United States Postal Service for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available through September 30, 2031, to support oversight of United States Postal Service activities implemented pursuant to this Act.
4845	721.14 - 721.22	TITLE VII SEC. 70004.	GOVERNMENT ACCOUNTABILITY OFFICE OVERSIGHT. In addition to amounts otherwise available, there is appropriated to the Comptroller General of the United States for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $25,000,000, to remain available until September 30, 2031, for necessary expenses of the Government Accountability Office to support the oversight of
4846	721.23 - 721.24	SEC. 70004.(1)	the distribution and use of funds appropriated under this Act; and
4847	722.1 - 722.3	SEC. 70004.(2)	whether the economic, social, and environmental impacts of the funds described in paragraph (1)  are equitable.
4849	722.4 - 722.11	TITLE VII SEC. 70005.	OFFICE OF MANAGEMENT AND BUDGET OVERSIGHT. In addition to amounts otherwise available, there are appropriated to the Director of the Office of Management and Budget for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $25,000,000, to remain available until September 30, 2026, for necessary expenses to
4850	722.12 - 722.12	SEC. 70005.(1)	oversee the implementation of this Act; and
4851	722.13 - 722.14	SEC. 70005.(2)	track labor, equity, and environmental standards and performance.
4852	722.15 - 722.21	TITLE VII SEC. 70006.	FEMA BUILDING MATERIALS PROGRAM. Through September 30, 2026, the Administrator of the Federal Emergency Management Agency may provide financial assistance under sections 203(h), 404(a), and 406(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(h), 42 U.S.C. 5170c(a), 42 U.S.C. 5172(b)) for
4853	722.22 - 722.23	SEC. 70006.(1)	costs associated with low-carbon materials; and
4854	722.24 - 722.25	SEC. 70006.(2)	incentives that encourage low-carbon and net-zero energy projects.
4855	723.1 - 723.9	TITLE VII SEC. 70007.	FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL ENVIRONMENTAL REVIEW IMPROVEMENT FUND MANDATORY FUNDING. In addition to amounts otherwise available, there is appropriated to the Federal Permitting Improvement Steering Council Environmental Review Improvement Fund, out of any money in the Treasury not otherwise appropriated, $350,000,000 for fiscal year 2023, to remain available through September 30, 2031.
4856	723.10 - 723.11	TITLE VIII	COMMITTEE ON INDIAN AFFAIRS
4857	723.12 - 723.12	TITLE VIII SEC. 80001.	TRIBAL CLIMATE RESILIENCE.
4858	723.13 - 723.19	SEC. 80001.(a)	TRIBAL CLIMATE RESILIENCE AND ADAPTATION. In addition to amounts otherwise available, there is appropriated to the Director of the Bureau of Indian Affairs for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $220,000,000, to remain available until September 30, 2031, for Tribal climate resilience and adaptation programs.
4859	723.20 - 723.26	SEC. 80001.(b)	BUREAU OF INDIAN AFFAIRS FISH HATCHERIES. In addition to amounts otherwise available, there is appropriated to the Director of the Bureau of Indian Affairs for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until September 30, 2031, for fish hatchery operations and maintenance programs of the Bureau of Indian Affairs.
4860	724.1 - 724.6	SEC. 80001.(c)	ADMINISTRATION. In addition to amounts otherwise available, there is appropriated to the Director of the Bureau of Indian Affairs for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain available until September 30, 2031, for the administrative costs of carrying out this section.
4861	724.7 - 724.9	SEC. 80001.(d)	COST-SHARING AND MATCHING REQUIREMENTS. None of the funds provided by this section shall be subject to cost-sharing or matching requirements.
4862	724.10 - 724.13	SEC. 80001.(e)	SMALL AND NEEDY PROGRAM. Amounts made available under this section shall be excluded from the calculation of funds received by those Tribal governments that participate in the ‘‘Small and Needy’’ program.
4863	724.14 - 724.22	SEC. 80001.(f)	DISTRIBUTION; USE OF FUNDS. Amounts made available under this section that are distributed to Indian Tribes and Tribal organizations for services pursuant to a self-determination contract (as defined in subsection (j) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(j))) or a self-governance compact entered into pursuant to subsection (a) of section 404 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5364(a))
4864	724.23 - 724.23	SEC. 80001.(f)(1)	shall be distributed on a 1-time basis;
4865	724.24 - 725.2	SEC. 80001.(f)(2)	shall not be part of the amount required by subsections (a) through (b) of section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5325(a)–(b)); and
4866	725.3 - 725.4	SEC. 80001.(f)(3)	shall only be used for the purposes identified under the applicable subsection.
4867	725.5 - 725.5	TITLE VIII SEC. 80002.	"NATIVE HAWAIIAN CLIMATE RESILIENCE."
4868	725.6 - 725.15	SEC. 80002.(a)	"NATIVE HAWAIIAN CLIMATE RESILIENCE AND ADAPTATION. In addition to amounts otherwise available, there is appropriated to the Senior Program Director of the Office of Native Hawaiian Relations for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $23,500,000, to remain available until September 30, 2031, to carry out, through financial assistance, technical assistance, direct expenditure, grants, contracts, or cooperative agreements, climate resilience and adaptation activities that serve the Native Hawaiian Community."
4869	725.16 - 725.22	SEC. 80002.(b)	ADMINISTRATION. In addition to amounts otherwise available, there is appropriated to the Senior Program Director of the Office of Native Hawaiian Relations for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,500,000, to remain available until September 30, 2031, for the administrative costs of carrying out this section.
4870	725.23 - 725.25	SEC. 80002.(c)	COST-SHARING AND MATCHING REQUIREMENTS. None of the funds provided by this section shall be subject to cost-sharing or matching requirements.
4871	726.1 - 726.1	TITLE VIII SEC. 80003.	TRIBAL ELECTRIFICATION PROGRAM.
4872	726.2 - 726.7	SEC. 80003.(a)	TRIBAL ELECTRIFICATION PROGRAM. In addition to amounts otherwise available, there is appropriated to the Director of the Bureau of Indian Affairs for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $145,500,000, to remain available until September 30, 2031, for
4873	726.8 - 726.9	SEC. 80003.(a)(1)	the provision of electricity to unelectrified Tribal homes through zero-emissions energy systems;
4874	726.10 - 726.11	SEC. 80003.(a)(2)	transitioning electrified Tribal homes to zeroemissions energy systems; and
4875	726.12 - 726.14	SEC. 80003.(a)(3)	associated home repairs and retrofitting necessary to install the zero-emissions energy systems authorized under paragraphs (1) and (2).
4876	726.15 - 726.20	SEC. 80003.(b)	ADMINISTRATION. In addition to amounts otherwise available, there is appropriated to the Director of the Bureau of Indian Affairs for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $4,500,000, to remain available until September 30, 2031, for the administrative costs of carrying out this section.
4877	726.21 - 726.23	SEC. 80003.(c)	COST-SHARING AND MATCHING REQUIREMENTS. None of the funds provided by this section shall be subject to cost-sharing or matching requirements.
4878	726.24 - 727.2	SEC. 80003.(d)	SMALL AND NEEDY PROGRAM. Amounts made available under this section shall be excluded from the calculation of funds received by those Tribal governments that participate in the ‘‘Small and Needy’’ program.
4879	727.3 - 727.11	SEC. 80003.(e)	DISTRIBUTION; USE OF FUNDS. Amounts made available under this section that are distributed to Indian Tribes and Tribal organizations for services pursuant to a self-determination contract (as defined in subsection (j) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(j))) or a self-governance compact entered into pursuant to subsection (a) of section 404 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5364(a))
4880	727.12 - 727.12	SEC. 80003.(e)(1)	shall be distributed on a 1-time basis;
4881	727.13 - 727.16	SEC. 80003.(e)(2)	shall not be part of the amount required by subsections (a) through (b) of section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5325(a)–(b)); and
4882	727.17 - 727.18	SEC. 80003.(e)(3)	shall only be used for the purposes identified under the applicable subsection.
4883	727.19 - 727.19	TITLE VIII SEC. 80004.	EMERGENCY DROUGHT RELIEF FOR TRIBES.
4884	727.20 - 728.5	SEC. 80004.(a)	EMERGENCY DROUGHT RELIEF FOR TRIBES. In addition to amounts otherwise available, there is appropriated to the Commissioner of the Bureau of Reclamation for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $12,500,000, to remain available until September 30, 2026, for near-term drought relief actions to mitigate drought impacts for Indian Tribes that are impacted by the operation of a Bureau of Reclamation water project, including through direct financial assistance to address drinking water shortages and to mitigate the loss of Tribal trust resources.
4885	728.6 - 728.8	SEC. 80004.(b)	COST-SHARING AND MATCHING REQUIREMENTS. None of the funds provided by this section shall be subject to cost-sharing or matching requirements.