,in the ,senate of the ,united ,states1 ,august #g 7legislative day1 ,august #f71 #bjbb4 ,amendment3 ,that the bill from the ,house of ,representatives 7,h4,r4 #ecgf7 entitled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad41 do pass with the following ,strike all after the enacting clause and insert the following3 ,i ,committee on ,finance ,a ,deficit reduction #ajjja4 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 #a ,corporate tax reform #ajaja4 ,corporate alternative minimum tax 7a7 ,imposition of tax 7#a7 ,in general ,paragraph 7#b7 of section #ee7;b7 is amended to read as follows3 7#b7 ,corporations 7,a7 ,applicable corporations ,in the case of an applicable corporation1 the tentative minimum tax for the taxable year shall be the excess of-- 7i7 #ae percent of the adjusted financial statement income for the taxable year 7as determined under section #ef;,a71 over 7ii7 the corporate ,,amt foreign tax credit for the taxable year4 7,b7 ,other corporations ,in the case of any corporation which is not an applicable corporation1 the tentative minimum tax for the taxable year shall be zero4 4 7#b7 ,applicable corporation ,section #ei is amended by adding at the end the following new subsection3 7k7 ,applicable corporation ,for purposes of this part-- 7#a7 ,applicable corporation defined 7,a7 ,in general ,the term applicable corporation means1 with respect to any taxable year1 any corporation 7other than an ,s corporation1 a regulated investment company1 or a real estate investment trust7 which meets the average annual adjusted financial statement income test of subparagraph 7,b7 for one or more taxable years which-- 7i7 are prior to such taxable year1 and 7ii7 end after ,december #ca1 #bjba4 7,b7 ,average annual adjusted financial statement income test ,for purposes of this subsection-- 7i7 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 7determined without regard to section #ef;,a7d77 for the #c-taxable-year period ending with such taxable year exceeds #a1jjj1jjj1jjj1 and 7ii7 in the case of a corporation described in paragraph 7#b71 such corporation meets the average annual adjusted financial statement income test for a taxable year if-- 7,i7 the corporation meets the requirements of clause 7i7 for such taxable year 7determined after the application of paragraph 7#b771 and 7,,ii7 the average annual adjusted financial statement income of such corporation 7determined without regard to the application of paragraph 7#b7 and without regard to section #ef;,a7d77 for the #c-taxable-year-period ending with such taxable year is #ajj1jjj1jjj or more4 7,c7 ,exception ,notwithstanding subparagraph 7,a71 the term applicable corporation shall not include any corporation which otherwise meets the requirements of subparagraph 7,a7 if-- 7i7 such corporation-- 7,i7 has a change in ownership1 or 7,,ii7 has a specified number 7to be determined by the ,secretary and which shall1 as appropriate1 take into account the facts and circumstances of the taxpayer7 of consecutive taxable years1 including the most recent taxable year1 in which the corporation does not meet the average annual adjusted financial statement income test of subparagraph 7,b71 and 7ii7 the ,secretary determines that it would not be appropriate to continue to treat such corporation as an applicable corporation4 ,the preceding sentence shall not apply to any corporation if1 after the ,secretary makes the determination described in clause 7ii71 such corporation meets the average annual adjusted financial statement income test of subparagraph 7,b7 for any taxable year beginning after the first taxable year for which such determination applies4 7,d7 ,special rules for determining applicable corporation status 7i7 ,in general ,solely for purposes of determining whether a corporation is an applicable corporation under this paragraph1 all adjusted financial statement income of persons treated as a single employer with such corporation under subsection 7a7 or 7b7 of section #eb 7determined with the modifications described in clause 7ii77 shall be treated as adjusted financial statement income of such corporation1 and adjusted financial statement income of such corporation shall be determined without regard to paragraphs 7#b77;,d77i7 and 7#aa7 of section #ef;,a7c74 7ii7 ,modifications ,for purposes of this subparagraph-- 7,i7 section #eb7;a7 shall be applied by substituting component members for members1 and 7,,ii7 for purposes of applying section #eb7;b71 the term trade or business shall include any activity treated as a trade or business under paragraph 7#e7 or 7#f7 of section #dfi7;c7 7determined without regard to the phrase ,to the extent provided in regulations in such paragraph 7#f774 7iii7 ,component member ,for purposes of this subparagraph1 the term component member has the meaning given such term by section #aefc7;b71 except that the determination shall be made without regard to section #aefc7;b77#b74 7,e7 ,other special rules 7i7 ,corporations in existence for less than #c years ,if the corporation was in existence for less than #c-taxable years1 subparagraph 7,b7 shall be applied on the basis of the period during which such corporation was in existence4 7ii7 ,short taxable years ,adjusted financial statement income for any taxable year of less than #ab months shall be annualized by multiplying the adjusted financial statement income for the short period by #ab and dividing the result by the number of months in the short period4 7iii7 ,treatment of predecessors ,any reference in this subparagraph to a corporation shall include a reference to any predecessor of such corporation4 7#b7 ,special rule for foreign-parented multinational groups 7,a7 ,in general ,if a corporation is a member of a foreign-parented multinational group for any taxable year1 then1 solely for purposes of determining whether such corporation meets the average annual adjusted financial statement income test under paragraph 7#a77;,b77ii77,i7 for such taxable year1 the adjusted financial statement income of such corporation for such taxable year shall include the adjusted financial statement income of all members of such group4 ,solely for purposes of this subparagraph1 adjusted financial statement income shall be determined without regard to paragraphs 7#b77;,d77i71 7#c71 7#d71 and 7#aa7 of section #ef;,a7c74 7,b7 ,foreign-parented multinational group ,for purposes of subparagraph 7,a71 the term foreign-parented multinational group means1 with respect to any taxable year1 two or more entities if-- 7i7 at least one entity is a domestic corporation and another entity is a foreign corporation1 7ii7 such entities are included in the same applicable financial statement with respect to such year1 and 7iii7 either-- 7,i7 the common parent of such entities is a foreign corporation1 or 7,,ii7 if there is no common parent1 the entities are treated as having a common parent which is a foreign corporation under subparagraph 7,d74 7,c7 ,foreign corporations engaged in a trade or business within the ,united ,states ,for purposes of this paragraph1 if a foreign corporation is engaged in a trade or business within the ,united ,states1 such trade or business shall be treated as a separate domestic corporation that is wholly owned by the foreign corporation4 7,d7 ,other rules ,the ,secretary shall1 applying the principles of this section1 prescribe rules for the application of this paragraph1 including rules for the determination of-- 7i7 the entities 7if any7 which are to be to be treated under subparagraph 7,b77iii77,,ii7 as having a common parent which is a foreign corporation1 7ii7 the entities to be included in a foreign-parented multinational group1 and 7iii7 the common parent of a foreign-parented multinational group4 7#c7 ,regulations or other guidance ,the ,secretary shall provide regulations or other guidance for the purposes of carrying out this subsection1 including regulations or other guidance-- 7,a7 providing a simplified method for determining whether a corporation meets the requirements of paragraph 7#a71 and '7,b7 addressing the application of this subsection to a corporation that experiences a change in ownership4 4 7#c7 ,reduction for base erosion and anti-abuse tax ,section #ee7;a77#b7 is amended by inserting plus1 in the case of an applicable corporation1 the tax imposed by section #ei;,a before the period at the end4 7#d7 ,conforming amendments 7,a7 ,section #ee7;a7 is amended by striking ,in the case of a taxpayer other than a corporation1 there and inserting ,there4 7,b7 7i7 ,section #ee7;b77#a7 is amended-- 7,i7 by striking so much as precedes subparagraph 7,a7 and inserting the following3 7#a7 ,noncorporate taxpayers ,in the case of a taxpayer other than a corporation-- 1 and 7,,ii7 by adding at the end the following new subparagraph3 7,d7 ,alternative minimum taxable income ,the term alternative minimum taxable income means the taxable income of the taxpayer for the taxable year-- 7i7 determined with the adjustments provided in section #ef and section #eh1 and 7ii7 increased by the amount of the items of tax preference described in section #eg4 ,if a taxpayer is subject to the regular tax1 such taxpayer shall be subject to the tax imposed by this section 7and1 if the regular tax is determined by reference to an amount other than taxable income1 such amount shall be treated as the taxable income of such taxpayer for purposes of the preceding sentence74 4 7ii7 ,section #hfj;,e7a77#d7 is amended by striking #ee7;b77#b7 and inserting #ee7;b77#a77;,d74 7iii7 ,section #hig7;a77#b77;,a77i7 is amended by striking #ee7;b77#b7 and inserting #ee7;b77#a77;,d74 7,c7 ,section #aa7;d7 is amended by striking the tax imposed by subsection 7a7 and inserting the taxes imposed by subsection 7a7 and section #ee4 7,d7 ,section #ab is amended by adding at the end the following new paragraph3 7#e7 ,for alternative minimum tax1 see section #ee4 4 7,e7 ,section #hhb7;a77#a7 is amended by inserting 1 #ee1 after section #aa4 7,f7 ,section #fdbe7;c77#a77;,a7 is amended to read as follows3 7,a7 the sum of-- 7i7 the tax imposed by section #aa or subchapter ,l of chapter #a1 whichever is applicable1 plus 7ii7 the tax imposed by section #ee1 plus 7iii7 the tax imposed by section #ei;,a1 over 4 7,g7 ,section #ffee7;e77#b7 is amended by inserting 1 adjusted financial statement income 7as defined in section #ef;,a71 before and modified taxable income each place it appears in subparagraphs 7,a77i7 and 7,b77i74 7,h7 ,section #ffee7;g77#a77;,a7 is amended by redesignating clauses 7ii7 and 7iii7 as clauses 7iii7 and 7iv71 respectively1 and by inserting after clause 7i7 the following new clause3 7ii7 the tax imposed by section #ee1 4 7b7 ,adjusted financial statement income 7#a7 ,in general ,part ,,vi of subchapter ,a of chapter #a is amended by inserting after section #ef the following new section3 #ef;,a4 ,adjusted financial statement income 7a7 ,in general ,for purposes of this part1 the term adjusted financial statement income means1 with respect to any corporation for any taxable year1 the net income or loss of the taxpayer set forth on the taxpayer's applicable financial statement for such taxable year1 adjusted as provided in this section4 7b7 ,applicable financial statement ,for purposes of this section1 the term applicable financial statement means1 with respect to any taxable year1 an applicable financial statement 7as defined in section #dea7;b77#c7 or as specified by the ,secretary in regulations or other guidance7 which covers such taxable year4 7c7 ,general adjustments 7#a7 ,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 year4 7#b7 ,special rules for related entities 7,a7 ,consolidated financial statements ,if the financial results of a taxpayer are reported on the applicable financial statement for a group of entities1 rules similar to the rules of section #dea7;b77#e7 shall apply4 7,b7 ,consolidated returns ,except as provided in regulations prescribed by the ,secretary1 if the taxpayer is part of an affiliated group of corporations filing a consolidated return for any taxable year1 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 group4 7,c7 ,treatment of dividends and other amounts ,in the case of any corporation which is not included on a consolidated return with the taxpayer1 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 7reduced to the extent provided by the ,secretary in regulations or other guidance7 and other amounts which are includible in gross income or deductible as a loss under this chapter 7other than amounts required to be included under sections #iea and #iea;,a or such other amounts as provided by the ,secretary7 with respect to such other corporation4 7,d7 ,treatment of partnerships 7i7 ,in general ,except as provided by the ,secretary1 if the taxpayer is a partner in a partnership1 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 partnership4 7ii7 ,adjusted financial statement income of partnerships ,for the purposes of this part1 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 7adjusted under rules similar to the rules of this section74 7#c7 ,adjustments to take into account certain items of foreign income 7,a7 ,in general ,if1 for any taxable year1 a taxpayer is a ,united ,states shareholder of one or more controlled foreign corporations1 the adjusted financial statement income of such taxpayer with respect to such controlled foreign corporation 7as determined under paragraph 7#b77;,c77 shall be adjusted to also take into account such taxpayer's pro rata share 7determined under rules similar to the rules under section #iea7;a77#b77 of items taken into account in computing the net income or loss set forth on the applicable financial statement 7as adjusted under rules similar to those that apply in determining adjusted financial statement income7 of each such controlled foreign corporation with respect to which such taxpayer is a ,united ,states shareholder4 7,b7 ,negative adjustments ,in any case in which the adjustment determined under subparagraph 7,a7 would result in a negative adjustment for such taxable year-- 7i7 no adjustment shall be made under this paragraph for such taxable year1 and 7ii7 the amount of the adjustment determined under this paragraph for the succeeding taxable year 7determined without regard to this paragraph7 shall be reduced by an amount equal to the negative adjustment for such taxable year4 7#d7 ,effectively connected income ,in the case of a foreign corporation1 to determine adjusted financial statement income1 the principles of section #hhb shall apply4 7#e7 ,adjustments for certain taxes ,adjusted financial statement income shall be appropriately adjusted to disregard any ,federal income taxes1 or income1 war profits1 or excess profits taxes 7within the meaning of section #ija7 with respect to a foreign country or possession of the ,united ,states1 which are taken into account on the taxpayer's applicable financial statement4 ,to the extent provided by the ,secretary1 the preceding sentence shall not apply to income1 war profits1 or excess profits taxes 7within the meaning of section #ija7 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 year4 ,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 paragraph1 including the time at which such taxes are properly taken into account4 7#f7 ,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 taxpayer4 7#g7 ,special rule for cooperatives ,in the case of a cooperative to which section #acha applies1 the adjusted financial statement income 7determined without regard to this paragraph7 shall be reduced by the amounts referred to in section #achb7;b7 7relating to patronage dividends and per-unit retain allocations7 to the extent such amounts were not otherwise taken into account in determining adjusted financial statement income4 7#h7 ,rules for ,alaska ,native ,corporations ,adjusted financial statement income shall be appropriately adjusted to allow-- 7,a7 cost recovery and depletion attributable to property the basis of which is determined under section #ba7;c7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afbj7;c771 and 7,b7 deductions for amounts payable made pursuant to section #g7;i7 or section #g7;j7 of such ,act 7#dc ,u4,s4,c4 #afjf7;i7 and #afjf7;j77 only at such time as the deductions are allowed for tax purposes4 7#i7 ,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 #dh;,d7d7 or #fdag1 to the extent such amount was not otherwise taken into account under paragraph 7#e74 7#aj7 ,consistent treatment of mortgage servicing income of taxpayer other than a regulated investment company 7,a7 ,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 chapter4 7,b7 ,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 7as determined by the ,secretary7 with respect to a mortgage servicing contract4 7#aa7 ,adjustment with respect to defined benefit pensions 7,a7 ,in general ,except as otherwise provided in rules prescribed by the ,secretary in regulations or other guidance1 adjusted financial statement income shall be-- 7i7 adjusted to disregard any amount of income1 cost1 or expense that would otherwise be included on the applicable financial statement in connection with any covered benefit plan1 7ii7 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 chapter1 and 7iii7 reduced by deductions allowed under any other provision of this chapter with respect to any such covered benefit plan4 7,b7 ,covered benefit plan ,for purposes of this paragraph1 the term covered benefit plan means-- 7i7 a defined benefit plan 7other than a multiemployer plan described in section #dad7;f77 if the trust which is part of such plan is an employees' trust described in section #dja7;a7 which is exempt from tax under section #eja7;a71 7ii7 any qualified foreign plan 7as defined in section #djd;,a7e771 or 7iii7 any other defined benefit plan which provides post-employment benefits other than pension benefits4 7#ab7 ,tax-exempt entities ,in the case of an organization subject to tax under section #eaa1 adjusted financial statement income shall be appropriately adjusted to only take into account any adjusted financial statement income-- 7,a7 of an unrelated trade or business 7as defined in section #eac7 of such organization1 or 7,b7 derived from debt-financed property 7as defined in section #ead7 to the extent that income from such property is treated as unrelated business taxable income4 7#ac7 ,depreciation ,adjusted financial statement income shall be-- 7,a7 reduced by depreciation deductions allowed under section #afg with respect to property to which section #afh applies to the extent of the amount allowed as deductions in computing taxable income for the taxable year1 and 7,b7 appropriately adjusted-- 7i7 to disregard any amount of depreciation expense that is taken into account on the taxpayer's applicable financial statement with respect to such property1 and 7ii7 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 chapter4 7#ad7 ,qualified wireless spectrum 7,a7 ,in general ,adjusted financial statement income shall be-- 7i7 reduced by amortization deductions allowed under section #aig with respect to qualified wireless spectrum to the extent of the amount allowed as deductions in computing taxable income for the taxable year1 and 7ii7 appropriately adjusted-- 7,i7 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 spectrum1 and 7,,ii7 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 chapter4 7,b7 ,qualified wireless spectrum ,for purposes of this paragraph1 the term qualified wireless spectrum means wireless spectrum which-- 7i7 is used in the trade or business of a wireless telecommunications carrier1 and 7ii7 was acquired after ,december #ca1 #bjjg1 and before the date of enactment of this section4 7#ae7 ,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 section1 including adjustments-- 7,a7 to prevent the omission or duplication of any item1 and 7,b7 to carry out the principles of part ,,ii of subchapter ,c of this chapter 7relating to corporate liquidations71 part ,,iii of subchapter ,c of this chapter 7relating to corporate organizations and reorganizations71 and part ,,ii of subchapter ,k of this chapter 7relating to partnership contributions and distributions74 7d7 ,deduction for financial statement net operating loss 7#a7 ,in general ,adjusted financial statement income 7determined after application of subsection 7c7 and without regard to this subsection7 shall be reduced by an amount equal to the lesser of-- 7,a7 the aggregate amount of financial statement net operating loss carryovers to the taxable year1 or 7,b7 #hj percent of adjusted financial statement income computed without regard to the deduction allowable under this subsection4 7#b7 ,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 loss4 ,the portion of such loss which shall be carried to subsequent taxable years shall be the amount of such loss remaining 7if any7 after the application of paragraph 7#a74 7#c7 ,financial statement net operating loss defined ,for purposes of this subsection1 the term financial statement net operating loss means the amount of the net loss 7if any7 set forth on the corporation's applicable financial statement 7determined after application of subsection 7c7 and without regard to this subsection7 for taxable years ending after ,december #ca1 #bjai4 7e7 ,regulations and other guidance ,the ,secretary shall provide for such regulations and other guidance as necessary to carry out the purposes of this section1 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 corporation4 4 7#b7 ,clerical amendment ,the table of sections for part ,,vi of subchapter ,a of chapter #a is amended by inserting after the item relating to section #ef the following new item3 ,sec4 #ef;,a4 ,adjusted financial statement income4 4 7c7 ,corporate ,,amt foreign tax credit ,section #ei1 as amended by this section1 is amended by adding at the end the following new subsection3 7l7 ,corporate ,,amt foreign tax credit 7#a7 ,in general ,for purposes of this part1 if an applicable corporation chooses to have the benefits of subpart ,a of part ,,iii of subchapter ,n for any taxable year1 the corporate ,,amt foreign tax credit for the taxable year of the applicable corporation is an amount equal to sum of-- 7,a7 the lesser of-- 7i7 the aggregate of the applicable corporation's pro rata share 7as determined under section #ef;,a7c77#c77 of the amount of income1 war profits1 and excess profits taxes 7within the meaning of section #ija7 imposed by any foreign country or possession of the ,united ,states which are-- 7,i7 taken into account on the applicable financial statement of each controlled foreign corporation with respect to which the applicable corporation is a ,united ,states shareholder1 and 7,,ii7 paid or accrued 7for ,federal income tax purposes7 by each such controlled foreign corporation1 or 7ii7 the product of the amount of the adjustment under section #ef;,a7c77#c7 and the percentage specified in section #ee7;b77#b77;,a77i71 and 7,b7 in the case of an applicable corporation that is a domestic corporation1 the amount of income1 war profits1 and excess profits taxes 7within the meaning of section #ija7 imposed by any foreign country or possession of the ,united ,states to the extent such taxes are-- 7i7 taken into account on the applicable corporation's applicable financial statement1 and 7ii7 paid or accrued 7for ,federal income tax purposes7 by the applicable corporation4 7#b7 ,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 ,n1 the excess of the amount described in paragraph 7#a77;,a77i7 over the amount described in paragraph 7#a77;,a77ii7 shall increase the amount described in paragraph 7#a77;,a77i7 in any of the first #e succeeding taxable years to the extent not taken into account in a prior taxable year4 7#c7 ,regulations or other guidance ,the ,secretary shall provide for such regulations or other guidance as is necessary to carry out the purposes of this subsection4 4 7d7 ,treatment of general business credit ,section #ch7;c77#f77;,e7 is amended to read as follows3 7,e7 ,corporations ,in the case of a corporation-- 7i7 the first sentence of paragraph 7#a7 shall be applied by substituting #be percent of the taxpayer's net income tax as exceeds #be1jjj for the greater of and all that follows1 7ii7 paragraph 7#b77;,a7 shall be applied without regard to clause 7ii77,i7 thereof1 and 7iii7 paragraph 7#d77;,a7 shall be applied without regard to clause 7ii77,i7 thereof4 4 7e7 ,credit for prior year minimum tax liability 7#a7 ,in general ,section #ec7;e7 is amended to read as follows3 7e7 ,application to applicable corporations ,in the case of a corporation-- 7#a7 subsection 7b77#a7 shall be applied by substituting the net minimum tax for all prior taxable years beginning after #bjbb for the adjusted net minimum tax imposed for all prior taxable years beginning after #aihf1 and 7#b7 the amount determined under subsection 7c77#a7 shall be increased by the amount of tax imposed under section #ei;,a for the taxable year4 4 7#b7 ,conforming amendments ,section #ec7;d7 is amended-- 7,a7 in paragraph 7#b71 by striking 1 except that in the case and all that follows through treated as zero1 and 7,b7 by striking paragraph 7#c74 7f7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 #b ,excise tax on repurchase of corporate stock #ajbja4 ,excise tax on repurchase of corporate stock 7a7 ,in general ,subtitle ,d is amended by inserting after chapter #cf the following new chapter3 #cg ,repurchase of corporate stock ,sec4 #deja4 ,repurchase of corporate stock4 #deja4 ,repurchase of corporate stock 7a7 ,general rule ,there is hereby imposed on each covered corporation a tax equal to #a percent of the fair market value of any stock of the corporation which is repurchased by such corporation during the taxable year4 7b7 ,covered corporation ,for purposes of this section1 the term covered corporation means any domestic corporation the stock of which is traded on an established securities market 7within the meaning of section #ggjd7;b77#a774 7c7 ,repurchase ,for purposes of this section-- 7#a7 ,in general ,the term repurchase means-- 7,a7 a redemption within the meaning of section #cag7;b7 with regard to the stock of a covered corporation1 and 7,b7 any transaction determined by the ,secretary to be economically similar to a transaction described in subparagraph 7,a74 7#b7 ,treatment of purchases by specified affiliates 7,a7 ,in general ,the acquisition of stock of a covered corporation by a specified affiliate of such covered corporation1 from a person who is not the covered corporation or a specified affiliate of such covered corporation1 shall be treated as a repurchase of the stock of the covered corporation by such covered corporation4 7,b7 ,specified affiliate ,for purposes of this section1 the term specified affiliate means1 with respect to any corporation-- 7i7 any corporation more than #ej percent of the stock of which is owned 7by vote or by value71 directly or indirectly1 by such corporation1 and 7ii7 any partnership more than #ej percent of the capital interests or profits interests of which is held1 directly or indirectly1 by such corporation4 7#c7 ,adjustment ,the amount taken into account under subsection 7a7 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 year1 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 year1 whether or not such stock is issued or provided in response to the exercise of an option to purchase such stock4 7d7 ,special rules for acquisition of stock of certain foreign corporations 7#a7 ,in general ,in the case of an acquisition of stock of an applicable foreign corporation by a specified affiliate of such corporation 7other than a foreign corporation or a foreign partnership 7unless such partnership has a domestic entity as a direct or indirect partner77 from a person who is not the applicable foreign corporation or a specified affiliate of such applicable foreign corporation1 for purposes of this section-- 7,a7 such specified affiliate shall be treated as a covered corporation with respect to such acquisition1 7,b7 such acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation1 and 7,c7 the adjustment under subsection 7c77#c7 shall be determined only with respect to stock issued or provided by such specified affiliate to employees of the specified affiliate4 7#b7 ,surrogate foreign corporations ,in the case of a repurchase of stock of a covered surrogate foreign corporation by such covered surrogate foreign corporation1 or an acquisition of stock of a covered surrogate foreign corporation by a specified affiliate of such corporation1 for purposes of this section-- 7,a7 the expatriated entity with respect to such covered surrogate foreign corporation shall be treated as a covered corporation with respect to such repurchase or acquisition1 7,b7 such repurchase or acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation1 and 7,c7 the adjustment under subsection 7c77#c7 shall be determined only with respect to stock issued or provided by such expatriated entity to employees of the expatriated entity4 7#c7 ,definitions ,for purposes of this subsection-- 7,a7 ,applicable foreign corporation ,the term applicable foreign corporation means any foreign corporation the stock of which is traded on an established securities market 7within the meaning of section #ggjd7;b77#a774 7,b7 ,covered surrogate foreign corporation ,the term covered surrogate foreign corporation means any surrogate foreign corporation 7as determined under section #ghgd7;a77#b77;,b7 by substituting ,september #bj1 #bjba for ,march #d1 #bjjc each place it appears7 the stock of which is traded on an established securities market 7within the meaning of section #ggjd7;b77#a771 but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section #ghgd7;d77#a74 7,c7 ,expatriated entity ,the term expatriated entity has the meaning given such term by section #ghgd7;a77#b77;,a74 7e7 ,exceptions ,subsection 7a7 shall not apply-- 7#a7 to the extent that the repurchase is part of a reorganization 7within the meaning of section #cfh7;a77 and no gain or loss is recognized on such repurchase by the shareholder under chapter #a by reason of such reorganization1 7#b7 in any case in which the stock repurchased is1 or an amount of stock equal to the value of the stock repurchased is1 contributed to an employer-sponsored retirement plan1 employee stock ownership plan1 or similar plan1 7#c7 in any case in which the total value of the stock repurchased during the taxable year does not exceed #a1jjj1jjj1 7#d7 under regulations prescribed by the ,secretary1 in cases in which the repurchase is by a dealer in securities in the ordinary course of business1 7#e7 to repurchases by a regulated investment company 7as defined in section #hea7 or a real estate investment trust1 or 7#f7 to the extent that the repurchase is treated as a dividend for purposes of this title4 7f7 ,regulations and guidance ,the ,secretary shall prescribe such regulations and other guidance as are necessary or appropriate to carry out1 and to prevent the avoidance of1 the purposes of this section1 including regulations and other guidance-- 7#a7 to prevent the abuse of the exceptions provided by subsection 7e71 7#b7 to address special classes of stock and preferred stock1 and 7#c7 for the application of the rules under subsection 7d74 4 7b7 ,tax not deductible ,paragraph 7#f7 of section #bge7;a7 is amended by inserting #cg1 before #da4 7c7 ,clerical amendment ,the table of chapters for subtitle ,d is amended by inserting after the item relating to chapter #cf the following new item3 ,chapter #cg--,repurchase of corporate stock 4 7d7 ,effective date ,the amendments made by this section shall apply to repurchases 7within the meaning of section #deja7;c7 of the ,internal ,revenue ,code of #aihf1 as added by this section7 of stock after ,december #ca1 #bjbb4 #c ,funding the ,internal ,revenue ,service and ,improving ,taxpayer ,compliance #ajcja4 ,enhancement of ,internal ,revenue ,service resources ,in general ,the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbb3 7#a7 ,internal ,revenue ,service 7,a7 ,in general 7i7 ,taxpayer services ,for necessary expenses of the ,internal ,revenue ,service to provide taxpayer services1 including pre-filing assistance and education1 filing and account services1 taxpayer advocacy services1 and other services as authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,commissioner1 #c1aha1ejj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7ii7 ,enforcement ,for necessary expenses for tax enforcement activities of the ,internal ,revenue ,service to determine and collect owed taxes1 to provide legal and litigation support1 to conduct criminal investigations 7including investigative technology71 to provide digital asset monitoring and compliance activities1 to enforce criminal statutes related to violations of internal revenue laws and other financial crimes1 to purchase and hire passenger motor vehicles 7#ca ,u4,s4,c4 #acdc7;b771 and to provide other services as authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,commissioner1 #de1fcg1djj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7iii7 ,operations support ,for necessary expenses of the ,internal ,revenue ,service to support taxpayer services and enforcement programs1 including rent payments2 facilities services2 printing2 postage2 physical security2 headquarters and other ,,irs-wide administration activities2 research and statistics of income2 telecommunications2 information technology development1 enhancement1 operations1 maintenance1 and security2 the hire of passenger motor vehicles 7#ca ,u4,s4,c4 #acdc7;b772 the operations of the ,internal ,revenue ,service ,oversight ,board2 and other services as authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,commissioner1 #be1cbf1djj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7iv7 ,business systems modernization ,for necessary expenses of the ,internal ,revenue ,service's business systems modernization program1 including development of callback technology and other technology to provide a more personalized customer service but not including the operation and maintenance of legacy systems1 #d1gej1gjj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7,b7 ,task ,force to design an ,,irs-run free ,direct e,file tax return system ,for necessary expenses of the ,internal ,revenue ,service to deliver to ,congress1 within nine months following the date of the enactment of this ,act1 a report on 7,i7 the cost 7including options for differential coverage based on taxpayer adjusted gross income and return complexity7 of developing and running a free direct efile tax return system1 including costs to build and administer each release1 with a focus on multi-lingual and mobile-friendly features and safeguards for taxpayer data2 7,,ii7 taxpayer opinions1 expectations1 and level of trust1 based on surveys1 for such a free direct efile system2 and 7,,iii7 the opinions of an independent third-party on the overall feasibility1 approach1 schedule1 cost1 organizational design1 and ,internal ,revenue ,service capacity to deliver such a direct efile tax return system1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7#b7 ,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 #aigh1 as amended1 including purchase and hire of passenger motor vehicles 7#ca ,u4,s4,c4 #acdc7;b772 and services authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,inspector ,general for ,tax ,administration1 #djc1jjj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7#c7 ,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 #aihf1 #ajd1ecc1hjc1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7#d7 ,united ,states ,tax ,court ,for necessary expenses of the ,united ,states ,tax ,court1 including contract reporting and other services as authorized by #e ,u4,s4,c4 #caji2 #aec1jjj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7#e7 ,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 ,act1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 ,b ,prescription ,drug ,pricing ,reform #a ,lowering ,prices ,through ,drug ,price ,negotiation #aajja4 ,providing for lower prices for certain high-priced single source drugs 7a7 ,program ,to lower prices for certain high-,priced single source drugs ,title ,,xi of the ,social ,security ,act is amended by adding after section #aahd 7#db ,u4,s4,c4 #acbj;e-#c7 the following new part3 ,e ,price ,negotiation ,program to ,lower ,prices for ,certain ,high-,priced ,single ,source ,drugs #aaia4 ,establishment of program 7a7 ,in general ,the ,secretary shall establish a ,drug ,price ,negotiation ,program 7in this part referred to as the program74 ,under the program1 with respect to each price applicability period1 the ,secretary shall-- 7#a7 publish a list of selected drugs in accordance with section #aaib2 7#b7 enter into agreements with manufacturers of selected drugs with respect to such period1 in accordance with section #aaic2 7#c7 negotiate and1 if applicable1 renegotiate maximum fair prices for such selected drugs1 in accordance with section #aaid2 7#d7 carry out the publication and administrative duties and compliance monitoring in accordance with sections #aaie and #aaif4 7b7 ,definitions relating to timing ,for purposes of this part3 7#a7 ,initial price applicability year ,the term initial price applicability year means a year 7beginning with #bjbf74 7#b7 ,price applicability period ,the term price applicability period means1 with respect to a qualifying single source drug1 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 drug4 7#c7 ,selected drug publication date ,the term selected drug publication date means1 with respect to each initial price applicability year1 ,february #a of the year that begins #b years prior to such year4 7#d7 ,negotiation period ,the term negotiation period means1 with respect to an initial price applicability year with respect to a selected drug1 the period-- 7,a7 beginning on the sooner of-- 7i7 the date on which the manufacturer of the drug and the ,secretary enter into an agreement under section #aaic with respect to such drug2 or 7ii7 ,february #bh following the selected drug publication date with respect to such selected drug2 and 7,b7 ending on ,november #a of the year that begins #b years prior to the initial price applicability year4 7c7 ,other definitions ,for purposes of this part3 7#a7 ,manufacturer ,the term manufacturer has the meaning given that term in section #ahdg;,a7c77#f77;,a74 7#b7 ,maximum fair price eligible individual ,the term maximum fair price eligible individual means1 with respect to a selected drug-- 7,a7 in the case such drug is dispensed to the individual at a pharmacy1 by a mail order service1 or by another dispenser1 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 drug2 and 7,b7 in the case such drug is furnished or administered to the individual by a hospital1 physician1 or other provider of services or supplier1 an individual who is enrolled under part ,b of title ,,xviii1 including an individual who is enrolled in an ,,ma plan under part ,c of such title1 if payment may be made under part ,b for such selected drug4 7#c7 ,maximum fair price ,the term maximum fair price means1 with respect to a year during a price applicability period and with respect to a selected drug 7as defined in section #aaib7;c77 with respect to such period1 the price negotiated pursuant to section #aaid1 and updated pursuant to section #aaie7;b71 as applicable1 for such drug and year4 7#d7 ,reference product ,the term reference product has the meaning given such term in section #cea7;i7 of the ,public ,health ,service ,act4 7#e7 ,total expenditures ,the term total expenditures includes1 in the case of expenditures with respect to part ,d of title ,,xviii1 the total gross covered prescription drug costs 7as defined in section #ahfj;,d-#ae7;b77#c774 ,the term total expenditures excludes1 in the case of expenditures with respect to part ,b of such title1 expenditures for a drug or biological product that are bundled or packaged into the payment for another service4 7#f7 ,unit ,the term unit means1 with respect to a drug or biological product1 the lowest identifiable amount 7such as a capsule or tablet1 milligram of molecules1 or grams7 of the drug or biological product that is dispensed or furnished4 7d7 ,timing for initial price applicability year #bjbf ,notwithstanding the provisions of this part1 in the case of initial price applicability year #bjbf1 the following rules shall apply for purposes of implementing the program3 7#a7 ,subsection 7b77#c7 shall be applied by substituting ,september #a1 #bjbc for 1 with respect to each initial price applicability year1 ,february #a of the year that begins #b years prior to such year4 7#b7 ,subsection 7b77#d7 shall be applied-- 7,a7 in subparagraph 7,a77ii71 by substituting ,october #a1 #bjbc for ,february #bh following the selected drug publication date with respect to such selected drug2 and 7,b7 in subparagraph 7,b71 by substituting ,august #a1 #bjbd for ,november #a of the year that begins #b years prior to the initial price applicability year4 7#c7 ,section #aaib shall be applied-- 7,a7 in subsection 7b77#a77;,a71 by substituting during the period beginning on ,june #a1 #bjbb1 and ending on ,may #ca1 #bjbc for during the most recent period of #ab months prior to the selected drug publication date 7but ending not later than ,october #ca of the year prior to the year of such drug publication date71 with respect to such year1 for which data are available2 and 7,b7 in subsection 7d77#a77;,a71 by substituting during the period beginning on ,june #a1 #bjbb1 and ending on ,may #ca1 #bjbc for during the most recent period for which data are available of at least #ab months prior to the selected drug publication date 7but ending no later than ,october #ca of the year prior to the year of such drug publication date71 with respect to such year4 7#d7 ,section #aaic7;a7 shall be applied by substituting ,october #a1 #bjbc for ,february #bh following the selected drug publication date with respect to such selected drug4 7#e7 ,section #aaid7;b77#b7 shall be applied-- 7,a7 in subparagraph 7,a71 by substituting ,october #b1 #bjbc for ,march #a of the year of the selected drug publication date1 with respect to the selected drug2 7,b7 in subparagraph 7,b71 by substituting ,february #a1 #bjbd for the ,june #a following the selected drug publication date2 and 7,c7 in subparagraph 7,e71 by substituting ,august #a1 #bjbd for the first day of ,november following the selected drug publication date1 with respect to the initial price applicability year 4 7#f7 ,section #aaie7;a77#a7 shall be applied by substituting ,september #a1 #bjbd for ,november #cj of the year that is #b years prior to such initial price applicability year4 #aaib4 ,selection of negotiation-eligible drugs as selected drugs 7a7 ,in general ,not later than the selected drug publication date with respect to an initial price applicability year1 in accordance with subsection 7b71 the ,secretary shall select and publish a list of-- 7#a7 with respect to the initial price applicability year #bjbf1 #aj negotiation-eligible drugs described in subparagraph 7,a7 of subsection 7d77#a71 but not subparagraph 7,b7 of such subsection1 with respect to such year 7or1 all 7if such number is less than #aj7 such negotiation-eligible drugs with respect to such year72 7#b7 with respect to the initial price applicability year #bjbg1 #ae negotiation-eligible drugs described in subparagraph 7,a7 of subsection 7d77#a71 but not subparagraph 7,b7 of such subsection1 with respect to such year 7or1 all 7if such number is less than #ae7 such negotiation-eligible drugs with respect to such year72 7#c7 with respect to the initial price applicability year #bjbh1 #ae negotiation-eligible drugs described in subparagraph 7,a7 or 7,b7 of subsection 7d77#a7 with respect to such year 7or1 all 7if such number is less than #ae7 such negotiation-eligible drugs with respect to such year72 and 7#d7 with respect to the initial price applicability year #bjbi or a subsequent year1 #bj negotiation-eligible drugs described in subparagraph 7,a7 or 7,b7 of subsection 7d77#a71 with respect to such year 7or1 all 7if such number is less than #bj7 such negotiation-eligible drugs with respect to such year74 ,subject to subsection 7c77#b7 and section #aaid7;f77#e71 each drug published on the list pursuant to the previous sentence shall be subject to the negotiation process under section #aaid for the negotiation period with respect to such initial price applicability year 7and the renegotiation process under such section as applicable for any subsequent year during the applicable price applicability period74 7b7 ,selection of drugs 7#a7 ,in general ,in carrying out subsection 7a71 subject to paragraph 7#b71 the ,secretary shall1 with respect to an initial price applicability year1 do the following3 7,a7 ,rank negotiation-eligible drugs described in subsection 7d77#a7 according to the total expenditures for such drugs under parts ,b and ,d of title ,,xviii1 as determined by the ,secretary1 during the most recent period of #ab months prior to the selected drug publication date 7but ending not later than ,october #ca of the year prior to the year of such drug publication date71 with respect to such year1 for which data are available1 with the negotiation-eligible drugs with the highest total expenditures being ranked the highest4 7,b7 ,select from such ranked drugs with respect to such year the negotiation-eligible drugs with the highest such rankings4 7#b7 ,high spend part ,d drugs for #bjbf and #bjbg ,with respect to the initial price applicability year #bjbf and with respect to the initial price applicability year #bjbg1 the ,secretary shall apply paragraph 7#a7 as if the reference to negotiation-eligible drugs described in subsection 7d77#a7 were a reference to negotiation-eligible drugs described in subsection 7d77#a77;,a7 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 ,,xviii4 7c7 ,selected drug 7#a7 ,in general ,for purposes of this part1 in accordance with subsection 7e77#b7 and subject to paragraph 7#b71 each negotiation-eligible drug included on the list published under subsection 7a7 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 #i months after the date on which the ,secretary determines at least one drug or biological product-- 7,a7 is approved or licensed 7as applicable7-- 7i7 under section #eje7;j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act using such drug as the listed drug2 or 7ii7 under section #cea7k7 of the ,public ,health ,service ,act using such drug as the reference product2 and 7,b7 is marketed pursuant to such approval or licensure4 7#b7 ,clarification ,a negotiation-eligible drug-- 7,a7 that is included on the list published under subsection 7a7 with respect to an initial price applicability year2 and 7,b7 for which the ,secretary makes a determination described in paragraph 7#a7 before or during the negotiation period with respect to such initial price applicability year2 shall not be subject to the negotiation process under section #aaid 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 7a7 with respect to such initial price applicability year4 7d7 ,negotiation-,eligible drug 7#a7 ,in general ,for purposes of this part1 subject to paragraph 7#b71 the term negotiation-eligible drug means1 with respect to the selected drug publication date with respect to an initial price applicability year1 a qualifying single source drug1 as defined in subsection 7e71 that is described in either of the following subparagraphs 7or1 with respect to the initial price applicability year #bjbf or #bjbg1 that is described in subparagraph 7,a773 7,a7 ,part ,d high spend drugs ,the qualifying single source drug is1 determined in accordance with subsection 7e77#b71 among the #ej qualifying single source drugs with the highest total expenditures under part ,d of title ,,xviii1 as determined by the ,secretary in accordance with paragraph 7#c71 during the most recent #ab-month period for which data are available prior to such selected drug publication date 7but ending no later than ,october #ca of the year prior to the year of such drug publication date74 7,b7 ,part ,b high spend drugs ,the qualifying single source drug is1 determined in accordance with subsection 7e77#b71 among the #ej qualifying single source drugs with the highest total expenditures under part ,b of title ,,xviii1 as determined by the ,secretary in accordance with paragraph 7#c71 during such most recent #ab-month period1 as described in subparagraph 7,a74 7#b7 ,exception for small biotech drugs 7,a7 ,in general ,subject to subparagraph 7,c71 the term negotiation-eligible drug shall not include1 with respect to the initial price applicability years #bjbf1 #bjbg1 and #bjbh1 a qualifying single source drug that meets either of the following3 7i7 ,part ,d drugs ,the total expenditures for the qualifying single source drug under part ,d of title ,,xviii1 as determined by the ,secretary in accordance with paragraph 7#c77;,b71 during #bjba-- 7,i7 are equal to or less than #a percent of the total expenditures under such part ,d1 as so determined1 for all covered part ,d drugs 7as defined in section #ahfj;,d-#b7;e77 during such year2 and 7,,ii7 are equal to at least #hj percent of the total expenditures under such part ,d1 as so determined1 for all covered part ,d drugs for which the manufacturer of the drug has an agreement in effect under section #ahfj;,d-#ad;,a during such year4 7ii7 ,part ,b drugs ,the total expenditures for the qualifying single source drug under part ,b of title ,,xviii1 as determined by the ,secretary in accordance with paragraph 7#c77;,b71 during #bjba-- 7,i7 are equal to or less than #a percent of the total expenditures under such part ,b1 as so determined1 for all qualifying single source drugs for which payment may be made under such part ,b during such year2 and 7,,ii7 are equal to at least #hj percent of the total expenditures under such part ,b1 as so determined1 for all qualifying single source drugs of the manufacturer for which payment may be made under such part ,b during such year4 7,b7 ,clarifications relating to manufacturers 7i7 ,aggregation rule ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall be treated as one manufacturer for purposes of this paragraph4 7ii7 ,limitation ,a drug shall not be considered to be a qualifying single source drug described in clause 7i7 or 7ii7 of subparagraph 7,a7 if the manufacturer of such drug is acquired after #bjba by another manufacturer that does not meet the definition of a specified manufacturer under section #ahfj;,d-#ad;,c7g77#d77;,b77ii71 effective at the beginning of the plan year immediately following such acquisition or1 in the case of an acquisition before #bjbe1 effective ,january #a1 #bjbe4 7,c7 ,drugs not included as small biotech drugs ,a new formulation1 such as an extended release formulation1 of a qualifying single source drug shall not be considered a qualifying single source drug described in subparagraph 7,a74 7#c7 ,clarifications and determinations 7,a7 ,previously selected drugs and small biotech drugs excluded ,in applying subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 the ,secretary shall not consider or count-- 7i7 drugs that are already selected drugs2 and 7ii7 for initial price applicability years #bjbf1 #bjbg1 and #bjbh1 qualifying single source drugs described in paragraph 7#b77;,a74 7,b7 ,use of data ,in determining whether a qualifying single source drug satisfies any of the criteria described in paragraph 7#a7 or 7#b71 the ,secretary shall use data that is aggregated across dosage forms and strengths of the drug1 including new formulations of the drug1 such as an extended release formulation1 and not based on the specific formulation or package size or package type of the drug4 7e7 ,qualifying single source drug 7#a7 ,in general ,for purposes of this part1 the term qualifying single source drug means1 with respect to an initial price applicability year1 subject to paragraphs 7#b7 and 7#c71 a covered part ,d drug 7as defined in section #ahfj;,d-#b7;e77 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 following3 7,a7 ,drug products ,a drug-- 7i7 that is approved under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act and is marketed pursuant to such approval2 7ii7 for which1 as of the selected drug publication date with respect to such initial price applicability year1 at least #g years will have elapsed since the date of such approval2 and 7iii7 that is not the listed drug for any drug that is approved and marketed under section #eje7;j7 of such ,act4 7,b7 ,biological products ,a biological product-- 7i7 that is licensed under section #cea7;a7 of the ,public ,health ,service ,act and is marketed under section #cea of such ,act2 7ii7 for which1 as of the selected drug publication date with respect to such initial price applicability year1 at least #aa years will have elapsed since the date of such licensure2 and 7iii7 that is not the reference product for any biological product that is licensed and marketed under section #cea7k7 of such ,act4 7#b7 ,treatment of authorized generic drugs 7,a7 ,in general ,in the case of a qualifying single source drug described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 that is the listed drug 7as such term is used in section #eje7;j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act7 or a product described in clause 7ii7 of subparagraph 7,b71 with respect to an authorized generic drug1 in applying the provisions of this part1 such authorized generic drug and such listed drug or such product shall be treated as the same qualifying single source drug4 7,b7 ,authorized generic drug defined ,for purposes of this paragraph1 the term authorized generic drug means-- 7i7 in the case of a drug1 an authorized generic drug 7as such term is defined in section #eje7t77#c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act72 and 7ii7 in the case of a biological product1 a product that-- 7,i7 has been licensed under section #cea7;a7 of such ,act2 and 7,,ii7 is marketed1 sold1 or distributed directly or indirectly to retail class of trade under a different labeling1 packaging 7other than repackaging as the reference product in blister packs1 unit doses1 or similar packaging for use in institutions71 product code1 labeler code1 trade name1 or trade mark than the reference product4 7#c7 ,exclusions ,in this part1 the term qualifying single source drug does not include any of the following3 7,a7 ,certain orphan drugs ,a drug that is designated as a drug for only one rare disease or condition under section #ebf of the ,federal ,food1 ,drug1 and ,cosmetic ,act and for which the only approved indication 7or indications7 is for such disease or condition4 7,b7 ,low spend ,medicare drugs ,a drug or biological product with respect to which the total expenditures under parts ,b and ,d of title ,,xviii1 as determined by the ,secretary in accordance with subsection 7d77#c77;,b7-- 7i7 with respect to initial price applicability year #bjbf1 is less than1 during the period beginning on ,june #a1 #bjbb1 and ending on ,may #ca1 #bjbc1 #bjj1jjj1jjj2 7ii7 with respect to initial price applicability year #bjbg1 is less than1 during the most recent #ab-month period applicable under subparagraphs 7,a7 and 7,b7 of subsection 7d77#a7 for such year1 the dollar amount specified in clause 7i7 increased by the annual percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 for the period beginning on ,june #a1 #bjbc1 and ending on ,september #cj1 #bjbd2 or 7iii7 with respect to a subsequent initial price applicability year1 is less than1 during the most recent #ab-month period applicable under subparagraphs 7,a7 and 7,b7 of subsection 7d77#a7 for such year1 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 #ab-month period ending on ,september #cj of the year prior to the year of the selected drug publication date with respect to such subsequent initial price applicability year4 7,c7 ,plasma-derived products ,a biological product that is derived from human whole blood or plasma4 #aaic4 ,manufacturer agreements 7a7 ,in general ,for purposes of section #aaia7;a77#b71 the ,secretary shall enter into agreements with manufacturers of selected drugs with respect to a price applicability period1 by not later than ,february #bh following the selected drug publication date with respect to such selected drug1 under which-- 7#a7 during the negotiation period for the initial price applicability year for the selected drug1 the ,secretary and the manufacturer1 in accordance with section #aaid1 negotiate to determine 7and1 by not later than the last date of such period1 agree to7 a maximum fair price for such selected drug of the manufacturer in order for the manufacturer to provide access to such price-- 7,a7 to maximum fair price eligible individuals who with respect to such drug are described in subparagraph 7,a7 of section #aaia7;c77#b7 and are dispensed such drug 7and to pharmacies1 mail order services1 and other dispensers1 with respect to such maximum fair price eligible individuals who are dispensed such drugs7 during1 subject to paragraph 7#b71 the price applicability period2 and 7,b7 to hospitals1 physicians1 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 7,b7 of such section and are furnished or administered such drug during1 subject to paragraph 7#b71 the price applicability period2 7#b7 the ,secretary and the manufacturer shall1 in accordance with section #aaid1 renegotiate 7and1 by not later than the last date of the period of renegotiation1 agree to7 the maximum fair price for such drug1 in order for the manufacturer to provide access to such maximum fair price 7as so renegotiated7-- 7,a7 to maximum fair price eligible individuals who with respect to such drug are described in subparagraph 7,a7 of section #aaia7;c77#b7 and are dispensed such drug 7and to pharmacies1 mail order services1 and other dispensers1 with respect to such maximum fair price eligible individuals who are dispensed such drugs7 during any year during the price applicability period 7beginning after such renegotiation7 with respect to such selected drug2 and 7,b7 to hospitals1 physicians1 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 7,b7 of such section and are furnished or administered such drug during any year described in subparagraph 7,a72 7#c7 subject to subsection 7d71 access to the maximum fair price 7including as renegotiated pursuant to paragraph 7#b771 with respect to such a selected drug1 shall be provided by the manufacturer to-- 7,a7 maximum fair price eligible individuals1 who with respect to such drug are described in subparagraph 7,a7 of section #aaia7;c77#b71 at the pharmacy1 mail order service1 or other dispenser at the point-of-sale of such drug 7and shall be provided by the manufacturer to the pharmacy1 mail order service1 or other dispenser1 with respect to such maximum fair price eligible individuals who are dispensed such drugs71 as described in paragraph 7#a77;,a7 or 7#b77;,a71 as applicable2 and 7,b7 hospitals1 physicians1 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 7,b7 of such section and are furnished or administered such drug1 as described in paragraph 7#a77;,b7 or 7#b77;,b71 as applicable2 7#d7 the manufacturer submits to the ,secretary1 in a form and manner specified by the ,secretary1 for the negotiation period for the price applicability period 7and1 if applicable1 before any period of renegotiation pursuant to section #aaid7;f77 with respect to such drug-- 7,a7 information on the non-,federal average manufacturer price 7as defined in section #habf7;h77#e7 of title #ch1 ,united ,states ,code7 for the drug for the applicable year or period2 and 7,b7 information that the ,secretary requires to carry out the negotiation 7or renegotiation process7 under this part2 and 7#e7 the manufacturer complies with requirements determined by the ,secretary to be necessary for purposes of administering the program and monitoring compliance with the program4 7b7 ,agreement in effect until drug is no longer a selected drug ,an agreement entered into under this section shall be effective1 with respect to a selected drug1 until such drug is no longer considered a selected drug under section #aaib7;c74 7c7 ,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 7as determined by the ,secretary7 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 part4 7d7 ,nonduplication with #cdj;,b ceiling price ,under an agreement entered into under this section1 the manufacturer of a selected drug-- 7#a7 shall not be required to provide access to the maximum fair price under subsection 7a77#c71 with respect to such selected drug and maximum fair price eligible individuals who are eligible to be furnished1 administered1 or dispensed such selected drug at a covered entity described in section #cdj;,b7a77#d7 of the ,public ,health ,service ,act1 to such covered entity if such selected drug is subject to an agreement described in section #cdj;,b7a77#a7 of such ,act and the ceiling price 7defined in section #cdj;,b7a77#a7 of such ,act7 is lower than the maximum fair price for such selected drug2 and 7#b7 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 furnished1 administered1 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 drug4 #aaid4 ,negotiation and renegotiation process 7a7 ,in general ,for purposes of this part1 under an agreement under section #aaic between the ,secretary and a manufacturer of a selected drug 7or selected drugs71 with respect to the period for which such agreement is in effect and in accordance with subsections 7b71 7c71 and 7d71 the ,secretary and the manufacturer-- 7#a7 shall during the negotiation period with respect to such drug1 in accordance with this section1 negotiate a maximum fair price for such drug for the purpose described in section #aaic7;a77#a72 and 7#b7 renegotiate1 in accordance with the process specified pursuant to subsection 7f71 such maximum fair price for such drug for the purpose described in section #aaic7;a77#b7 if such drug is a renegotiation-eligible drug under such subsection4 7b7 ,negotiation process requirements 7#a7 ,methodology and process ,the ,secretary shall develop and use a consistent methodology and process1 in accordance with paragraph 7#b71 for negotiations under subsection 7a7 that aims to achieve the lowest maximum fair price for each selected drug4 7#b7 ,specific elements of negotiation process ,as part of the negotiation process under this section1 with respect to a selected drug and the negotiation period with respect to the initial price applicability year with respect to such drug1 the following shall apply3 7,a7 ,submission of information ,not later than ,march #a of the year of the selected drug publication date1 with respect to the selected drug1 the manufacturer of the drug shall submit to the ,secretary1 in accordance with section #aaic7;a77#d71 the information described in such section4 7,b7 ,initial offer by ,secretary ,not later than the ,june #a following the selected drug publication date1 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 #aaid7;e7 that were used in developing such offer4 7,c7 ,response to initial offer 7i7 ,in general ,not later than #cj days after the date of receipt of an initial offer under subparagraph 7,b71 the manufacturer shall either accept such offer or propose a counteroffer to such offer4 7ii7 ,counteroffer requirements ,if a manufacturer proposes a counteroffer1 such counteroffer-- 7,i7 shall be in writing2 and 7,,ii7 shall be justified based on the factors described in subsection 7e74 7,d7 ,response to counteroffer ,after receiving a counteroffer under subparagraph 7,c71 the ,secretary shall respond in writing to such counteroffer4 7,e7 ,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 date1 with respect to the initial price applicability year4 7,f7 ,limitations on offer amount ,in negotiating the maximum fair price of a selected drug1 with respect to the initial price applicability year for the selected drug1 and1 as applicable1 in renegotiating the maximum fair price for such drug1 with respect to a subsequent year during the price applicability period for such drug1 the ,secretary shall not offer 7or agree to a counteroffer for7 a maximum fair price for the selected drug that-- 7i7 exceeds the ceiling determined under subsection 7c7 for the selected drug and year2 or 7ii7 as applicable1 is less than the floor determined under subsection 7d7 for the selected drug and year4 7c7 ,ceiling for maximum fair price 7#a7 ,general ceiling 7,a7 ,in general ,the maximum fair price negotiated under this section for a selected drug1 with respect to the first initial price applicability year of the price applicability period with respect to such drug1 shall not exceed the lower of the amount under subparagraph 7,b7 or the amount under subparagraph 7,c74 7,b7 ,subparagraph 7,b7 amount ,an amount equal to the following3 7i7 ,covered part ,d drug ,in the case of a covered part ,d drug 7as defined in section #ahfj;,d-#b7;e771 the sum of the plan specific enrollment weighted amounts for each prescription drug plan or ,,ma-,,pd plan 7as determined under paragraph 7#b774 7ii7 ,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 ,,xviii1 the payment amount under section #ahdg;,a7b77#d7 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 product4 7,c7 ,subparagraph 7,c7 amount ,an amount equal to the applicable percent described in paragraph 7#c71 with respect to such drug1 of the following3 7i7 ,initial price applicability year #bjbf ,in the case of a selected drug with respect to which such initial price applicability year is #bjbf1 the average non-,federal average manufacturer price for such drug for #bjba 7or1 in the case that there is not an average non-,federal average manufacturer price available for such drug for #bjba1 for the first full year following the market entry for such drug71 increased by the percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 from ,september #bjba 7or ,december of such first full year following the market entry71 as applicable1 to ,september of the year prior to the year of the selected drug publication date with respect to such initial price applicability year4 7ii7 ,initial price applicability year #bjbg and subsequent years ,in the case of a selected drug with respect to which such initial price applicability year is #bjbg or a subsequent year1 the lower of-- 7,i7 the average non-,federal average manufacturer price for such drug for #bjba 7or1 in the case that there is not an average non-,federal average manufacturer price available for such drug for #bjba1 for the first full year following the market entry for such drug71 increased by the percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 from ,september #bjba 7or ,december of such first full year following the market entry71 as applicable1 to ,september of the year prior to the year of the selected drug publication date with respect to such initial price applicability year2 or 7,,ii7 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 year4 7#b7 ,plan specific enrollment weighted amount ,for purposes of paragraph 7#a77;,b77i71 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-- 7,a7 the negotiated price of the drug under such plan under part ,d of title ,,xviii1 net of all price concessions received by such plan or pharmacy benefit managers on behalf of such plan1 for the most recent year for which data is available2 and 7,b7 a fraction-- 7i7 the numerator of which is the total number of individuals enrolled in such plan in such year2 and 7ii7 the denominator of which is the total number of individuals enrolled in a prescription drug plan or an ,,ma-,,pd plan in such year4 7#c7 ,applicable percent described ,for purposes of this subsection1 the applicable percent described in this paragraph is the following3 7,a7 ,short-monopoly drugs and vaccines ,with respect to a selected drug 7other than an extended-monopoly drug and a long-monopoly drug71 #ge percent4 7,b7 ,extended-monopoly drugs ,with respect to an extended-monopoly drug1 #fe percent4 7,c7 ,long-monopoly drugs ,with respect to a long-monopoly drug1 #dj percent4 7#d7 ,extended-monopoly drug defined 7,a7 ,in general ,in this part1 subject to subparagraph 7,b71 the term extended-monopoly drug means1 with respect to an initial price applicability year1 a selected drug for which at least #ab years1 but fewer than #af years1 have elapsed since the date of approval of such drug under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act or since the date of licensure of such drug under section #cea7;a7 of the ,public ,health ,service ,act1 as applicable4 7,b7 ,exclusions ,the term extended-monopoly drug shall not include any of the following3 7i7 ,a vaccine that is licensed under section #cea of the ,public ,health ,service ,act and marketed pursuant to such section4 7ii7 ,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 #bjcj4 7,c7 ,clarification ,nothing in subparagraph 7,b77ii7 shall limit the transition of a selected drug described in paragraph 7#c77;,a7 to a long-monopoly drug if the selected drug meets the definition of a long-monopoly drug4 7#e7 ,long-monopoly drug defined 7,a7 ,in general ,in this part1 subject to subparagraph 7,b71 the term long-monopoly drug means1 with respect to an initial price applicability year1 a selected drug for which at least #af years have elapsed since the date of approval of such drug under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act or since the date of licensure of such drug under section #cea7;a7 of the ,public ,health ,service ,act1 as applicable4 7,b7 ,exclusion ,the term long-monopoly drug shall not include a vaccine that is licensed under section #cea of the ,public ,health ,service ,act and marketed pursuant to such section4 7#f7 ,average non-,federal average manufacturer price ,in this part1 the term average non-,federal average manufacturer price means the average of the non-,federal average manufacturer price 7as defined in section #habf7;h77#e7 of title #ch1 ,united ,states ,code7 for the #d calendar quarters of the year involved4 7d7 ,temporary floor for small biotech drugs ,in the case of a selected drug that is a qualifying single source drug described in section #aaib7;d77#b7 and with respect to which the first initial price applicability year of the price applicability period with respect to such drug is #bjbi or #bjcj1 the maximum fair price negotiated under this section for such drug for such initial price applicability year may not be less than #ff percent of the average non-,federal average manufacturer price for such drug 7as defined in subsection 7c77#f77 for #bjba 7or1 in the case that there is not an average non-,federal average manufacturer price available for such drug for #bjba1 for the first full year following the market entry for such drug71 increased by the percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 from ,september #bjba 7or ,december of such first full year following the market entry71 as applicable1 to ,september of the year prior to the selected drug publication date with respect to the initial price applicability year4 7e7 ,factors ,for purposes of negotiating the maximum fair price of a selected drug under this part with the manufacturer of the drug1 the ,secretary shall consider the following factors1 as applicable to the drug1 as the basis for determining the offers and counteroffers under subsection 7b7 for the drug3 7#a7 ,manufacturer-specific data ,the following data1 with respect to such selected drug1 as submitted by the manufacturer3 7,a7 ,research and development costs of the manufacturer for the drug and the extent to which the manufacturer has recouped research and development costs4 7,b7 ,current unit costs of production and distribution of the drug4 7,c7 ,prior ,federal financial support for novel therapeutic discovery and development with respect to the drug4 7,d7 ,data on pending and approved patent applications1 exclusivities recognized by the ,food and ,drug ,administration1 and applications and approvals under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act or section #cea7;a7 of the ,public ,health ,service ,act for the drug4 7,e7 ,market data and revenue and sales volume data for the drug in the ,united ,states4 7#b7 ,evidence about alternative treatments ,the following evidence1 as available1 with respect to such selected drug and therapeutic alternatives to such drug3 7,a7 ,the extent to which such drug represents a therapeutic advance as compared to existing therapeutic alternatives and the costs of such existing therapeutic alternatives4 7,b7 ,prescribing information approved by the ,food and ,drug ,administration for such drug and therapeutic alternatives to such drug4 7,c7 ,comparative effectiveness of such drug and therapeutic alternatives to such drug1 taking into consideration the effects of such drug and therapeutic alternatives to such drug on specific populations1 such as individuals with disabilities1 the elderly1 the terminally ill1 children1 and other patient populations4 7,d7 ,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 therapy4 ,in using evidence described in subparagraph 7,c71 the ,secretary shall not use evidence from comparative clinical effectiveness research in a manner that treats extending the life of an elderly1 disabled1 or terminally ill individual as of lower value than extending the life of an individual who is younger1 nondisabled1 or not terminally ill4 7f7 ,renegotiation process 7#a7 ,in general ,in the case of a renegotiation-eligible drug 7as defined in paragraph 7#b77 that is selected under paragraph 7#c71 the ,secretary shall provide for a process of renegotiation 7for years 7beginning with #bjbh7 during the price applicability period1 with respect to such drug7 of the maximum fair price for such drug consistent with paragraph 7#d74 7#b7 ,renegotiation-eligible drug defined ,in this section1 the term renegotiation-eligible drug means a selected drug that is any of the following3 7,a7 ,addition of new indication ,a selected drug for which a new indication is added to the drug4 7,b7 ,change of status to an extended-monopoly drug ,a selected drug that-- 7i7 is not an extended-monopoly or a long-monopoly drug2 and 7ii7 for which there is a change in status to that of an extended-monopoly drug4 7,c7 ,change of status to a long-monopoly drug ,a selected drug that-- 7i7 is not a long-monopoly drug2 and 7ii7 for which there is a change in status to that of a long-monopoly drug4 7,d7 ,material changes ,a selected drug for which the ,secretary determines there has been a material change of any of the factors described in paragraph 7#a7 or 7#b7 of subsection 7e74 7#c7 ,selection of drugs for renegotiation ,for each year 7beginning with #bjbh71 the ,secretary shall select among renegotiation-eligible drugs for renegotiation as follows3 7,a7 ,all extended-monopoly negotiation-eligible drugs ,the ,secretary shall select all renegotiation-eligible drugs described in paragraph 7#b77;,b74 7,b7 ,all long-monopoly negotiation-eligible drugs ,the ,secretary shall select all renegotiation-eligible drugs described in paragraph 7#b77;,c74 7,c7 ,remaining drugs ,among the remaining renegotiation-eligible drugs described in subparagraphs 7,a7 and 7,d7 of paragraph 7#b71 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 negotiated4 7#d7 ,renegotiation process 7,a7 ,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 subsection4 7,b7 ,consistent with negotiation process ,the process specified under subparagraph 7,a7 shall1 to the extent practicable1 be consistent with the methodology and process established under subsection 7b7 and in accordance with subsections 7c71 7d71 and 7e71 and for purposes of applying subsections 7c77#a77;,a7 and 7d71 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 applies1 including for applying subsection 7c77#c77;,b7 in the case of renegotiation-eligible drugs described in paragraph 7#c77;,a7 of this subsection and subsection 7c77#c77;,c7 in the case of renegotiation-eligible drugs described in paragraph 7#c77;,b7 of this subsection4 7#e7 ,clarification ,a renegotiation-eligible drug for which the ,secretary makes a determination described in section #aaib7;c77#a7 before or during the period of renegotiation shall not be subject to the renegotiation process under this section4 7g7 ,clarification ,the maximum fair price for a selected drug described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 shall take effect no later than the first day of the first calendar quarter that begins after the date described in subparagraph 7,a7 or 7,b71 as applicable4 #aaie4 ,publication of maximum fair prices 7a7 ,in general ,with respect to an initial price applicability year and a selected drug with respect to such year-- 7#a7 not later than ,november #cj of the year that is #b years prior to such initial price applicability year1 the ,secretary shall publish the maximum fair price for such drug negotiated with the manufacturer of such drug under this part2 and 7#b7 not later than ,march #a of the year prior to such initial price applicability year1 the ,secretary shall publish1 subject to section #aaic7;c71 the explanation for the maximum fair price with respect to the factors as applied under section #aaid7;e7 for such drug described in paragraph 7#a74 7b7 ,updates 7#a7 ,subsequent year maximum fair prices ,for a selected drug1 for each year subsequent to the first initial price applicability year of the price applicability period with respect to such drug1 with respect to which an agreement for such drug is in effect under section #aaic1 not later than ,november #cj of the year that is #b years prior to such subsequent year1 the ,secretary shall publish the maximum fair price applicable to such drug and year1 which shall be-- 7,a7 subject to subparagraph 7,b71 the amount equal to the maximum fair price published for such drug for the previous year1 increased by the annual percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 for the #ab-month period ending with the ,july immediately preceding such ,november #cj2 or 7,b7 in the case the maximum fair price for such drug was renegotiated1 for the first year for which such price as so renegotiated applies1 such renegotiated maximum fair price4 7#b7 ,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 section1 the ,secretary shall publish such maximum fair price by not later than #cj days after the date such maximum price is so determined4 #aaif4 ,administrative duties and compliance monitoring 7a7 ,administrative duties ,for purposes of section #aaia7;a77#d71 the administrative duties described in this section are the following3 7#a7 ,the establishment of procedures to ensure that the maximum fair price for a selected drug is applied before-- 7,a7 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 individuals2 and 7,b7 any other discounts4 7#b7 ,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 drug4 7#c7 ,the establishment of procedures to carry out the provisions of this part1 as applicable1 with respect to-- 7,a7 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 title2 and 7,b7 maximum fair price eligible individuals who are enrolled under part ,b of such title1 including who are enrolled in an ,,ma plan under part ,c of such title4 7#d7 ,the establishment of a negotiation process and renegotiation process in accordance with section #aaid4 7#e7 ,the establishment of a process for manufacturers to submit information described in section #aaid7;b77#b77;,a74 7#f7 ,the sharing with the ,secretary of the ,treasury of such information as is necessary to determine the tax imposed by section #ejjj;,d of the ,internal ,revenue ,code of #aihf1 including the application of such tax to a manufacturer1 producer1 or importer or the determination of any date described in section #ejjj;,d7c77#a7 of such ,code4 ,for purposes of the preceding sentence1 such information shall include-- 7,a7 the date on which the ,secretary receives notification of any termination of an agreement under the ,medicare coverage gap discount program under section #ahfj;,d-#ad;,a and the date on which any subsequent agreement under such program is entered into2 7,b7 the date on which the ,secretary receives notification of any termination of an agreement under the manufacturer discount program under section #ahfj;,d-#ad;,c and the date on which any subsequent agreement under such program is entered into2 and 7,c7 the date on which the ,secretary receives notification of any termination of a rebate agreement described in section #aibg7;b7 and the date on which any subsequent rebate agreement described in such section is entered into4 7#g7 ,the establishment of procedures for purposes of applying section #aaib7;d77#b77;,b74 7b7 ,compliance monitoring ,the ,secretary shall monitor compliance by a manufacturer with the terms of an agreement under section #aaic and establish a mechanism through which violations of such terms shall be reported4 #aaig4 ,civil monetary penalties 7a7 ,violations relating to offering of maximum fair price ,any manufacturer of a selected drug that has entered into an agreement under section #aaic1 with respect to a year during the price applicability period with respect to such drug1 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-- 7#a7 to a maximum fair price eligible individual who with respect to such drug is described in subparagraph 7,a7 of section #aaia7;c77#b7 and who is dispensed such drug during such year 7and to pharmacies1 mail order services1 and other dispensers1 with respect to such maximum fair price eligible individuals who are dispensed such drugs72 or 7#b7 to a hospital1 physician1 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 7,b7 of such section and is furnished or administered such drug by such hospital1 physician1 or provider or supplier during such year2 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 furnished1 dispensed1 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 hospital1 physician1 provider of services1 or supplier and the maximum fair price for such drug for such year4 7b7 ,violations of certain terms of agreement ,any manufacturer of a selected drug that has entered into an agreement under section #aaic1 with respect to a year during the price applicability period with respect to such drug1 that is in violation of a requirement imposed pursuant to section #aaic7;a77#e71 including the requirement to submit information pursuant to section #aaic7;a77#d71 shall be subject to a civil monetary penalty equal to #a1jjj1jjj for each day of such violation4 7c7 ,false information ,any manufacturer that knowingly provides false information pursuant to section #aaif7;a77#g7 shall be subject to a civil monetary penalty equal to #ajj1jjj1jjj for each item of such false information4 7d7 ,application ,the provisions of section #aabh;,a 7other than subsections 7a7 and 7b77 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 #aabh;,a7a74 #aaih4 ,limitation on administrative and judicial review ,there shall be no administrative or judicial review of any of the following3 7#a7 ,the determination of a unit1 with respect to a drug or biological product1 pursuant to section #aaia7;c77#f74 7#b7 ,the selection of drugs under section #aaib7;b71 the determination of negotiation-eligible drugs under section #aaib7;d71 and the determination of qualifying single source drugs under section #aaib7;e74 7#c7 ,the determination of a maximum fair price under subsection 7b7 or 7f7 of section #aaid4 7#d7 ,the determination of renegotiation-eligible drugs under section #aaid7;f77#b7 and the selection of renegotiation-eligible drugs under section #aaid7;f77#c74 4 7b7 ,application of maximum fair prices and conforming amendments 7#a7 ,under ,medicare 7,a7 ,application to payments under part ,b ,section #ahdg;,a7b77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7b77#a77;,b77 is amended by inserting or in the case of such a drug or biological product that is a selected drug 7as referred to in section #aaib7;c771 with respect to a price applicability period 7as defined in section #aaia7;b77#b771 #ajf percent of the maximum fair price 7as defined in section #aaia7;c77#c77 applicable for such drug and a year during such period after paragraph 7#d74 7,b7 ,application under ,,ma of cost-sharing for part ,b drugs based off of negotiated price ,section #aheb7;a77#a77;,b77iv7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bb7;a77#a77;,b77iv77 is amended-- 7i7 by redesignating subclause 7,,vii7 as subclause 7,,viii72 and 7ii7 by inserting after subclause 7,,vi7 the following subclause3 7,,vii7 ,a drug or biological product that is a selected drug 7as referred to in section #aaib7;c774 4 7,c7 ,exception to part ,d non-interference ,section #ahfj;,d-#aa7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aaa7;i77 is amended-- 7i7 in paragraph 7#a71 by striking and at the end2 7ii7 in paragraph 7#b71 by striking or institute a price structure for the reimbursement of covered part ,d drugs4 and inserting 1 except as provided under section #ahfj;,d-#d7;b77#c77l72 and2 and 7iii7 by adding at the end the following new paragraph3 7#c7 may not institute a price structure for the reimbursement of covered part ,d drugs1 except as provided under part ,e of title ,,xi4 4 7,d7 ,application as negotiated price under part ,d ,section #ahfj;,d-#b7;d77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;d77#a77 is amended-- 7i7 in subparagraph 7,b71 by inserting 1 subject to subparagraph 7,d71 after negotiated prices2 and 7ii7 by adding at the end the following new subparagraph3 7,d7 ,application of maximum fair price for selected drugs ,in applying this section1 in the case of a covered part ,d drug that is a selected drug 7as referred to in section #aaib7;c771 with respect to a price applicability period 7as defined in section #aaia7;b77#b771 the negotiated prices used for payment 7as described in this subsection7 shall be no greater than the maximum fair price 7as defined in section #aaia7;c77#c77 for such drug and for each year during such period plus any dispensing fees for such drug4 4 7,e7 ,coverage of selected drugs ,section #ahfj;,d-#d7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajd7;b77#c77 is amended by adding at the end the following new subparagraph3 7,i7 ,required inclusion of selected drugs 7i7 ,in general ,for #bjbf and each subsequent year1 the ,,pdp sponsor offering a prescription drug plan shall include each covered part ,d drug that is a selected drug under section #aaib for which a maximum fair price 7as defined in section #aaia7;c77#c77 is in effect with respect to the year4 7ii7 ,clarification ,nothing in clause 7i7 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 #dbc4abj7;b77#e77;iv7 of title #db1 ,code of ,federal ,regulations 7or any successor regulation74 4 7,f7 ,information from prescription drug plans and ,,ma-,,pd plans required 7i7 ,prescription drug plans ,section #ahfj;,d-#ab7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aab7;b77 is amended by adding at the end the following new paragraph3 7#h7 ,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 #aaid4 4 7ii7 ,,ma-,,pd plans ,section #aheg7;f77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bg7;f77#c77 is amended by adding at the end the following new subparagraph3 7,e7 ,provision of information related to maximum fair prices ,section #ahfj;,d-#ab7;b77#h74 4 7,g7 ,conditions for coverage 7i7 ,medicare part ,d ,section #ahfj;,d-#dc7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aec7;c77 is amended-- 7,i7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively2 7,,ii7 by striking agreements4--,subsection and inserting the following3 8agreements4-- 7#a7 ,in general ,subject to paragraph 7#b71 subsection 2 and 7,,iii7 by adding at the end the following new paragraph3 7#b7 ,exception ,paragraph 7#a77;,a7 shall not apply to a covered part ,d drug of a manufacturer for any period described in section #ejjj;,d7c77#a7 of the ,internal ,revenue ,code of #aihf with respect to the manufacturer4 4 7ii7 ,medicaid and ,medicare part ,b ,section #aibg7;a77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;a77#c77 is amended by adding at the end the following new sentence3 ,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 #ejjj;,d7c77#a7 of the ,internal ,revenue ,code of #aihf with respect to the manufacturer44 7,h7 ,disclosure of information under ,medicare part ,d 7i7 ,contract requirements ,section #ahfj;,d-#ab7;b77#c77;,d77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aab7;b77#c77;,d77i77 is amended by inserting 1 or carrying out part ,e of title ,,xi after appropriate74 7ii7 ,subsidies ,section #ahfj;,d-#ae7;f77#b77;,a77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aae7;f77#b77;,a77i77 is amended by inserting or part ,e of title ,,xi after this section4 7#b7 ,drug price negotiation program prices included in best price ,section #aibg7;c77#a77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;c77#a77;,c77 is amended-- 7,a7 in clause 7i77,,vi71 by striking any prices charged and inserting subject to clause 7ii77,v71 any prices charged2 and 7,b7 in clause 7ii7-- 7i7 in subclause 7,,iii71 by striking 2 and at the end2 7ii7 in subclause 7,,iv71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following new subclause3 7,v7 in the case of a rebate period and a covered outpatient drug that is a selected drug 7as referred to in section #aaib7;c77 during such rebate period1 shall be inclusive of the maximum fair price 7as defined in section #aaia7;c77#c77 for such drug with respect to such period4 4 7#c7 ,maximum fair prices excluded from average manufacturer price ,section #aibg7k77#a77;,b77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7k77#a77;,b77i77 is amended-- 7,a7 in subclause 7,,iv7 by striking 2 and at the end2 7,b7 in subclause 7,v7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subclause3 7,,vi7 any reduction in price paid during the rebate period to the manufacturer for a drug by reason of application of part ,e of title ,,xi4 4 7c7 ,implementation for #bjbf through #bjbh ,the ,secretary of ,health and ,human ,services shall implement this section1 including the amendments made by this section1 for #bjbf1 #bjbg1 and #bjbh by program instruction or other forms of program guidance4 #aajjb4 ,special rule to delay selection and negotiation of biologics for biosimilar market entry 7a7 ,in general ,part ,e of title ,,xi of the ,social ,security ,act1 as added by section #aajja1 is amended-- 7#a7 in section #aaib-- 7,a7 in subsection 7a71 in the flush matter following paragraph 7#d71 by inserting and subsection 7b77#c7 after the previous sentence2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by adding at the end the following new subparagraph3 7,c7 ,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 7a7 has been delayed under subsection 7f77#b71 remove such biological product from the rankings under subparagraph 7,a7 before making the selections under subparagraph 7,b74 2 and 7ii7 by adding at the end the following new paragraph3 7#c7 ,inclusion of delayed biological products ,pursuant to subparagraphs 7,b77ii77,i7 and 7,c77i7 of subsection 7f77#b71 the ,secretary shall select and include on the list published under subsection 7a7 the biological products described in such subparagraphs4 ,such biological products shall count towards the required number of drugs to be selected under subsection 7a77#a74 2 and 7,c7 by adding at the end the following new subsection3 7f7 ,special rule ,to delay selection and negotiation of biologics for biosimilar market entry 7#a7 ,application 7,a7 ,in general ,subject to subparagraph 7,b71 in the case of a biological product that would 7but for this subsection7 be an extended-monopoly drug 7as defined in section #aaid7;c77#d77 included as a selected drug on the list published under subsection 7a7 with respect to an initial price applicability year1 the rules described in paragraph 7#b7 shall apply if the ,secretary determines that there is a high likelihood 7as described in paragraph 7#c77 that a biosimilar biological product 7for which such biological product will be the reference product7 will be licensed and marketed under section #cea7k7 of the ,public ,health ,service ,act before the date that is #b years after the selected drug publication date with respect to such initial price applicability year4 7,b7 ,request required 7i7 ,in general ,the ,secretary shall not provide for a delay under-- 7,i7 paragraph 7#b77;,a7 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 7a7 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 7#b77;,a72 or 7,,ii7 paragraph 7#b77;,b77iii7 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 7a7 with respect to the initial price applicability year that is #a year after the initial price applicability year for which the biological product described in subsection 7a7 would have been included as a selected drug on such list but for paragraph 7#b77;,a74 7ii7 ,information and documents 7,i7 ,in general ,a request made under clause 7i7 shall be submitted to the ,secretary by such manufacturer at a time and in a form and manner specified by the ,secretary1 and contain-- 7aa7 information and documents necessary for the ,secretary to make determinations under this subsection1 as specified by the ,secretary and including1 to the extent available1 items described in subclause 7,,iii72 and 7bb7 all agreements related to the biosimilar biological product filed with the ,federal ,trade ,commission or the ,assistant ,attorney ,general pursuant to subsections 7a7 and 7c7 of section #aaab of the ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc4 7,,ii7 ,additional information and documents ,after the ,secretary has reviewed the request and materials submitted under subclause 7,i71 the manufacturer shall submit any additional information and documents requested by the ,secretary necessary to make determinations under this subsection4 7,,iii7 ,items described ,the items described in this clause are the following3 7aa7 ,the manufacturing schedule for such biosimilar biological product submitted to the ,food and ,drug ,administration during its review of the application under such section #cea7k74 7bb7 ,disclosures 7in filings by the manufacturer of such biosimilar biological product with the ,securities and ,exchange ,commission required under section #ab7;b71 #ab7;g71 #ac7;a71 or #ae7;d7 of the ,securities ,exchange ,act of #aicd about capital investment1 revenue expectations1 and actions taken by the manufacturer that are typical of the normal course of business in the year 7or the #b years1 as applicable7 before marketing of a biosimilar biological product7 that pertain to the marketing of such biosimilar biological product1 or comparable documentation that is distributed to the shareholders of privately held companies4 7,c7 ,aggregation rule 7i7 ,in general ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb of the ,internal ,revenue ,code of #aihf1 or in a partnership1 shall be treated as one manufacturer for purposes of paragraph 7#b77;,d77iv74 7ii7 ,partnership defined ,in clause 7i71 the term partnership means a syndicate1 group1 pool1 joint venture1 or other organization through or by means of which any business1 financial operation1 or venture is carried on by the manufacturer of the biological product and the manufacturer of the biosimilar biological product4 7#b7 ,rules described ,the rules described in this paragraph are the following3 7,a7 ,delayed selection and negotiation for #a year ,if a determination of high likelihood is made under paragraph 7#c71 the ,secretary shall delay the inclusion of the biological product as a selected drug on the list published under subsection 7a7 until such list is published with respect to the initial price applicability year that is #a year after the initial price applicability year for which the biological product would have been included as a selected drug on such list4 7,b7 ,if not licensed and marketed during the initial delay 7i7 ,in general ,if1 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 7a7 but for subparagraph 7,a7 and the selected drug publication date with respect to the initial price applicability year that is #a year after the initial price applicability year for which such biological product would have been included as a selected drug on such list1 the ,secretary determines that the biosimilar biological product for which the manufacturer submitted the request under paragraph 7#a77;,b77i77,,ii7 7and for which the ,secretary previously made a high likelihood determination under paragraph 7#c77 has not been licensed and marketed under section #cea7k7 of the ,public ,health ,service ,act1 the ,secretary shall1 at the request of such manufacturer-- 7,i7 reevaluate whether there is a high likelihood 7as described in paragraph 7#c77 that such biosimilar biological product will be licensed and marketed under such section #cea7k7 before the date that is #b 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 7,a72 and 7,,ii7 evaluate whether1 on the basis of clear and convincing evidence1 the manufacturer of such biosimilar biological product has made a significant amount of progress 7as determined by the ,secretary7 towards both such licensure and the marketing of such biosimilar biological product 7based on information from items described in subclauses 7,i77bb7 and 7,,ii7 of paragraph 7#a77;,b77ii77 since the receipt by the ,secretary of the request made by such manufacturer under paragraph 7#a77;,b77i77,i74 7ii7 ,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 7i77,i7 or there has not been a significant amount of progress as described in clause 7i77,,ii7-- 7,i7 the ,secretary shall include the biological product as a selected drug on the list published under subsection 7a7 with respect to the initial price applicability year that is #a 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 7,a72 and 7,,ii7 the manufacturer of such biological product shall pay a rebate under paragraph 7#d7 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 7,a74 7iii7 ,second #a-year delay ,if the ,secretary determines that there is a high likelihood that such biosimilar biological product will be licensed and marketed 7as described in clause 7i77,i77 and a significant amount of progress has been made by the manufacturer of such biosimilar biological product towards such licensure and marketing 7as described in clause 7i77,,ii771 the ,secretary shall delay the inclusion of the biological product as a selected drug on the list published under subsection 7a7 until the selected drug publication date of such list with respect to the initial price applicability year that is #b 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 subsection4 7,c7 ,if not licensed and marketed during the year two delay ,if1 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 7,b77iii7 and the selected drug publication date with respect to the initial price applicability year that is #b 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 subsection1 the ,secretary determines that such biosimilar biological product has not been licensed and marketed-- 7i7 the ,secretary shall include such biological product as a selected drug on such list with respect to the initial price applicability year that is #b years after the initial price applicability year for which such biological product would have been included as a selected drug on such list2 and 7ii7 the manufacturer of such biological product shall pay a rebate under paragraph 7#d7 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 subsection4 7,d7 ,limitations on delays 7i7 ,limited to #b years ,in no case shall the ,secretary delay the inclusion of a biological product on the list published under subsection 7a7 for more than #b years4 7ii7 ,exclusion of biological products that transitioned to a long-monopoly drug during the delay ,in the case of a biological product for which the inclusion on the list published pursuant to subsection 7a7 was delayed by #a year under subparagraph 7,a7 and for which there would have been a change in status to a long-monopoly drug 7as defined in section #aaid7;c77#e77 if such biological product had been a selected drug1 in no case may the ,secretary provide for a second #a-year delay under subparagraph 7,b77iii74 7iii7 ,exclusion of biological products if more than #a year since licensure ,in no case shall the ,secretary delay the inclusion of a biological product on the list published under subsection 7a7 if more than #a year has elapsed since the biosimilar biological product has been licensed under section #cea7k7 of the ,public ,health ,service ,act and marketing has not commenced for such biosimilar biological product4 7iv7 ,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 7a7 if ,secretary determined that the manufacturer of the biosimilar biological product described in paragraph 7#a77;,a7-- 7,i7 is the same as the manufacturer of the reference product described in such paragraph or is treated as being the same pursuant to paragraph 7#a77;,c72 or 7,,ii7 has1 based on information from items described in paragraph 7#a77;,b77ii77,i77bb71 entered into any agreement described in such paragraph with the manufacturer of the reference product described in paragraph 7#a77;,a7 that-- 7aa7 requires or incentivizes the manufacturer of the biosimilar biological product to submit a request described in paragraph 7#a77;,b72 or 7bb7 restricts the quantity 7either directly or indirectly7 of the biosimilar biological product that may be sold in the ,united ,states over a specified period of time4 7#c7 ,high likelihood ,for purposes of this subsection1 there is a high likelihood described in paragraph 7#a7 or paragraph 7#b71 as applicable1 if the ,secretary finds that-- 7,a7 an application for licensure under section #cea7k7 of the ,public ,health ,service ,act for the biosimilar biological product has been accepted for review or approved by the ,food and ,drug ,administration2 and 7,b7 information from items described in sub clauses 7,i77bb7 and 7,,iii7 of paragraph 7#a77;,b77ii7 submitted to the ,secretary by the manufacturer requesting a delay under such paragraph provides clear and convincing evidence that such biosimilar biological product will1 within the time period specified under paragraph 7#a77;,a7 or 7#b77;,b77i77,i71 be marketed4 7#d7 ,rebate 7,a7 ,in general ,for purposes of subparagraphs 7,b77ii77,,ii7 and 7,c77ii7 of paragraph 7#b71 in the case of a biological product for which the inclusion on the list under subsection 7a7 was delayed under this subsection and for which the ,secretary has negotiated and entered into an agreement under section #aaic with respect to such biological product1 the manufacturer shall be required to pay a rebate to the ,secretary at such time and in such manner as determined by the ,secretary4 7,b7 ,amount ,subject to subparagraph 7,c71 the amount of the rebate under subparagraph 7,a7 with respect to a biological product shall be equal to the estimated amount-- 7i7 in the case of a biological product that is a covered part ,d drug 7as defined in section #ahfj;,d-#b7;e771 that is the sum of the products of-- 7,i7 #ge percent of the amount by which-- 7aa7 the average manufacturer price1 as reported by the manufacturer of such covered part ,d drug under section #aibg 7or1 if not reported by such manufacturer under section #aibg1 as reported by such manufacturer to the ,secretary pursuant to the agreement under section #aaic7;a77 for such biological product1 with respect to each of the calendar quarters of the price applicability period that would have applied but for this subsection2 exceeds 7bb7 in the initial price applicability year that would have applied but for a delay under-- 7,,aa7 paragraph 7#b77;,a71 the maximum fair price negotiated under section #aaid for such biological product under such agreement2 or 7,,bb7 paragraph 7#b77;,b77iii71 such maximum fair price1 increased as described in section #aaie7;b77#a77;,a72 and 7,,ii7 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 period2 and 7ii7 in the case of a biological product for which payment may be made under part ,b of title ,,xviii1 that is the sum of the products of-- 7,i7 #hj percent of the amount by which-- 7aa7 the payment amount for such biological product under section #ahdg;,a7b71 with respect to each of the calendar quarters of the price applicability period that would have applied but for this subsection2 exceeds 7bb7 in the initial price applicability year that would have applied but for a delay under-- 7,,aa7 paragraph 7#b77;,a71 the maximum fair price negotiated under section #aaid for such biological product under such agreement2 or 7,,bb7 paragraph 7#b77;,b77iii71 such maximum fair price1 increased as described in section #aaie7;b77#a77;,a72 and 7,,ii7 the number of units 7excluding units that are packaged into the payment amount for an item or service and are not separately payable under such part ,b7 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 period4 7,c7 ,special rule for delayed biological products that are long-monopoly drugs 7i7 ,in general ,in the case of a biological product with respect to which a rebate is required to be paid under this paragraph1 if such biological product qualifies as a long-monopoly drug 7as defined in section #aaid7;c77#e77 at the time of its inclusion on the list published under subsection 7a71 in determining the amount of the rebate for such biological product under subparagraph 7,b71 the amount described in clause 7ii7 shall be substituted for the maximum fair price described in clause 7i77,i7 or 7ii77,i7 of such subparagraph 7,b71 as applicable4 7ii7 ,amount described ,the amount described in this clause is an amount equal to #fe percent of the average non-,federal average manufacturer price for the biological product for #bjba 7or1 in the case that there is not an average non-,federal average manufacturer price available for such biological product for #bjba1 for the first full year following the market entry for such biological product71 increased by the percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 from ,september #bjba 7or ,december of such first full year following the market entry71 as applicable1 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 subsection4 7,d7 ,rebate deposits ,amounts paid as rebates under this paragraph shall be deposited into-- 7i7 in the case payment is made for such biological product under part ,b of title ,,xviii1 the ,federal ,supplementary ,medical ,insurance ,trust ,fund established under section #ahda2 and 7ii7 in the case such biological product is a covered part ,d drug 7as defined in section #ahfj;,d-#b7;e771 the ,medicare ,prescription ,drug ,account under section #ahfj;,d-#af in such ,trust ,fund4 7#e7 ,definitions of biosimilar biological product ,in this subsection1 the term biosimilar biological product has the meaning given such term in section #ahdg;,a7c77#f74 2 7#b7 in section #aaic7;a77#d7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting 1 and for section #aaib7;f71 after section #aaid7;f772 7,b7 in subparagraph 7,a71 by striking and at the end2 7,c7 by adding at the end the following new subparagraph3 7,c7 information that the ,secretary requires to carry out section #aaib7;f71 including rebates under paragraph 7#d7 of such section2 and 2 7#c7 in section #aaif7;a77#g71 by striking section #aaib7;d77#b77;,b7 and inserting subsections 7d77#b77;,b7 and 7f77#a77;,c7 of section #aaib2 7#d7 in section #aaig-- 7,a7 by redesignating subsections 7b71 7c71 and 7d7 as subsections 7c71 7d71 and 7e71 respectively2 and 7,b7 by inserting after subsection 7a7 the following new subsection3 7b7 ,violations relating to providing rebates ,any manufacturer that fails to comply with the rebate requirements under section #aaib7;f77#d7 shall be subject to a civil monetary penalty equal to #aj times the amount of the rebate the manufacturer failed to pay under such section4 2 and 7#e7 in section #aaih7;b77#b71 by inserting the application of section #aaib7;f71 after section #aaib7;e74 7b7 ,conforming amendments for disclosure of certain information ,section #aibg7;b77#c77;,d77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;b77#c77;,d77i77 is amended by striking or to carry out section #ahdg;,b and inserting or to carry out section #ahdg;,b or section #aaib7;f71 including rebates under paragraph 7#d7 of such section4 7c7 ,implementation for #bjbf through #bjbh ,the ,secretary of ,health and ,human ,services shall implement this section1 including the amendments made by this section1 for #bjbf1 #bjbg1 and #bjbh by program instruction or other forms of program guidance4 #aajjc4 ,excise tax imposed on drug manufacturers during noncompliance periods 7a7 ,in general ,subtitle ,d of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new chapter3 #ej;,a ,designated ,drugs ,sec4 #ejjj;,d4 ,designated drugs during noncompliance periods4 #ejjj;,d4 ,designated drugs during noncompliance periods 7a7 ,in general ,there is hereby imposed on the sale by the manufacturer1 producer1 or importer of any designated drug during a day described in subsection 7b7 a tax in an amount such that the applicable percentage is equal to the ratio of-- 7#a7 such tax1 divided by 7#b7 the sum of such tax and the price for which so sold4 7b7 ,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 periods3 7#a7 ,the period beginning on the ,march #ast 7or1 in the case of initial price applicability year #bjbf1 the ,october #bnd7 immediately following the date on which such drug is included on the list published under section #aaib7;a7 of the ,social ,security ,act and ending on the earlier of-- 7,a7 the first date on which the manufacturer of such designated drug has in place an agreement described in section #aaic7;a7 of such ,act with respect to such drug1 or 7,b7 the date that the ,secretary of ,health and ,human ,services has made a determination described in section #aaib7;c77#a7 of such ,act with respect to such designated drug4 7#b7 ,the period beginning on the ,november #bnd immediately following the ,march #ast described in paragraph 7#a7 7or1 in the case of initial price applicability year #bjbf1 the ,august #bnd immediately following the ,october #bnd described in such paragraph7 and ending on the earlier of-- 7,a7 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 #aaic7;a7 of the ,social ,security ,act1 or 7,b7 the date that the ,secretary of ,health and ,human ,services has made a determination described in section #aaib7;c77#a7 of such ,act with respect to such designated drug4 7#c7 ,in the case of any designated drug which is a selected drug 7as defined in section #aaib7;c7 of the ,social ,security ,act7 that the ,secretary of ,health and ,human ,services has selected for renegotiation under section #aaid7;f7 of such ,act1 the period beginning on the ,november #bnd of the year that begins #b 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-- 7,a7 the first date on which the manufacturer of such designated drug has agreed to a renegotiated maximum fair price under such agreement1 or 7,b7 the date that the ,secretary of ,health and ,human ,services has made a determination described in section #aaib7;c77#a7 of such ,act with respect to such designated drug4 7#d7 ,with respect to information that is required to be submitted to the ,secretary of ,health and ,human ,services under an agreement described in section #aaic7;a7 of the ,social ,security ,act1 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 submitted4 7c7 ,suspension of tax 7#a7 ,in general ,a day shall not be taken into account as a day during a period described in subsection 7b7 if such day is also a day during the period-- 7,a7 beginning on the first date on which-- 7i7 the notice of terminations of all applicable agreements of the manufacturer have been received by the ,secretary of ,health and ,human ,services1 and 7ii7 none of the drugs of the manufacturer of the designated drug are covered by an agreement under section #ahfj;,d-#ad;,a or #ahfj;,d-#ad;,c of the ,social ,security ,act1 and 7,b7 ending on the last day of ,february following the earlier of-- 7i7 the first day after the date described in subparagraph 7,a7 on which the manufacturer enters into any subsequent applicable agreement1 or 7ii7 the first date any drug of the manufacturer of the designated drug is covered by an agreement under section #ahfj;,d-#ad;,a or #ahfj;,d-#ad;,c of the ,social ,security ,act4 7#b7 ,applicable agreement ,for purposes of this subsection1 the term applicable agreement means the following3 7,a7 ,an agreement under-- 7i7 the ,medicare coverage gap discount program under section #ahfj;,d-#ad;,a of the ,social ,security ,act1 or 7ii7 the manufacturer discount program under section #ahfj;,d-#ad;,c of such ,act4 7,b7 ,a rebate agreement described in section #aibg7;b7 of such ,act4 7d7 ,applicable percentage ,for purposes of this section1 the term applicable percentage means-- 7#a7 in the case of sales of a designated drug during the first #ij days described in subsection 7b7 with respect to such drug1 #fe percent1 7#b7 in the case of sales of such drug during the #iast day through the #ahjth day described in subsection 7b7 with respect to such drug1 #ge percent1 7#c7 in the case of sales of such drug during the #ahast day through the #bgjth day described in subsection 7b7 with respect to such drug1 #he percent1 and 7#d7 in the case of sales of such drug during any subsequent day1 #ie percent4 7e7 ,definitions ,for purposes of this section-- 7#a7 ,designated drug ,the term designated drug means any negotiation-eligible drug 7as defined in section #aaib7;d7 of the ,social ,security ,act7 included on the list published under section #aaib7;a7 of such ,act which is manufactured or produced in the ,united ,states or entered into the ,united ,states for consumption1 use1 or warehousing4 7#b7 ,united ,states ,the term ,united ,states has the meaning given such term by section #dfab7;a77#d74 7#c7 ,other terms ,the terms initial price applicability year1 price applicability period1 and maximum fair price have the meaning given such terms in section #aaia of the ,social ,security ,act4 7f7 ,special rules 7#a7 ,coordination with rules for possessions of the ,united ,states ,rules similar to the rules of paragraphs 7#b7 and 7#d7 of section #dacb7;c7 shall apply for purposes of this section4 7#b7 ,anti-,abuse rule ,in the case of a sale which was timed for the purpose of avoiding the tax imposed by this section1 the ,secretary may treat such sale as occurring during a day described in subsection 7b74 7g7 ,exports ,rules similar to the rules of section #dffb7;e7 7other than section #dffb7;e77#b77;,a77ii77,,ii77 shall apply for purposes of this chapter4 7h7 ,regulations ,the ,secretary shall prescribe such regulations and other guidance as may be necessary to carry out this section4 4 7b7 ,no deduction for excise tax payments ,section #bge7;a77#f7 of the ,internal ,revenue ,code of #aihf is amended by inserting #ej;,a1 after #df14 7c7 ,clerical amendment ,the table of chapters for subtitle ,d of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,chapter #ej;,a--,designated ,drugs 4 7d7 ,effective date ,the amendments made by this section shall apply to sales after the date of the enactment of this ,act4 #aajjd4 ,funding ,in addition to amounts otherwise available1 there is appropriated to the ,centers for ,medicare ,medicaid ,services1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1jjj for fiscal year #bjbb1 to remain available until expended1 to carry out the provisions of1 including the amendments made by1 this part4 #b ,prescription ,drug ,inflation ,rebates #aaaja4 ,medicare part ,b rebate by manufacturers 7a7 ,in general ,section #ahdg;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7 is amended by redesignating subsection 7i7 as subsection 7j7 and by inserting after subsection 7h7 the following subsection3 7i7 ,rebate by manufacturers for single source drugs and biologicals with prices increasing faster than inflation 7#a7 ,requirements 7,a7 ,secretarial provision of information ,not later than #f months after the end of each calendar quarter beginning on or after ,january #a1 #bjbc1 the ,secretary shall1 for each part ,b rebatable drug1 report to each manufacturer of such part ,b rebatable drug the following for such calendar quarter3 7i7 ,information on the total number of units of the billing and payment code described in subparagraph 7,a77i7 of paragraph 7#c7 with respect to such drug and calendar quarter4 7ii7 ,information on the amount 7if any7 of the excess average sales price increase described in subparagraph 7,a77ii7 of such paragraph for such drug and calendar quarter4 7iii7 ,the rebate amount specified under such paragraph for such part ,b rebatable drug and calendar quarter4 7,b7 ,manufacturer requirement ,for each calendar quarter beginning on or after ,january #a1 #bjbc1 the manufacturer of a part ,b rebatable drug shall1 for such drug1 not later than #cj days after the date of receipt from the ,secretary of the information described in subparagraph 7,a7 for such calendar quarter1 provide to the ,secretary a rebate that is equal to the amount specified in paragraph 7#c7 for such drug for such calendar quarter4 7,c7 ,transition rule for reporting ,the ,secretary may1 for each part ,b rebatable drug1 delay the timeframe for reporting the information described in subparagraph 7,a7 for calendar quarters beginning in #bjbc and #bjbd until not later than ,september #cj1 #bjbe4 7#b7 ,part ,b rebatable drug defined 7,a7 ,in general ,in this subsection1 the term part ,b rebatable drug means a single source drug or biological 7as defined in subparagraph 7,d7 of subsection 7c77#f771 including a biosimilar biological product 7as defined in subparagraph 7,h7 of such subsection7 but excluding a qualifying biosimilar biological product 7as defined in subsection 7b77#h77;,b77iii771 for which payment is made under this part1 except such term shall not include such a drug or biological-- 7i7 if1 as determined by the ,secretary1 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 than1 subject to subparagraph 7,b71 #ajj2 or 7ii7 that is a vaccine described in subparagraph 7,a7 or 7,b7 of section #ahfa7s77#aj74 7,b7 ,increase ,the dollar amount applied under subparagraph 7,a77i7-- 7i7 for #bjbd1 shall be the dollar amount specified under such subparagraph for #bjbc1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 for the #ab-month period ending with ,june of the previous year2 and 7ii7 for a subsequent year1 shall be the dollar amount specified in this clause 7or clause 7i77 for the previous year 7without application of subparagraph 7,c771 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 for the #ab-month period ending with ,june of the previous year4 7,c7 ,rounding ,any dollar amount determined under subparagraph 7,b7 that is not a multiple of #aj shall be rounded to the nearest multiple of #aj4 7#c7 ,rebate amount 7,a7 ,in general ,for purposes of paragraph 7#a71 the amount specified in this paragraph for a part ,b rebatable drug assigned to a billing and payment code for a calendar quarter is1 subject to subparagraphs 7,b7 and 7,g7 and paragraph 7#d71 the estimated amount equal to the product of-- 7i7 the total number of units determined under subparagraph 7,b7 for the billing and payment code of such drug2 and 7ii7 the amount 7if any7 by which-- 7,i7 the amount equal to-- 7aa7 in the case of a part ,b rebatable drug described in paragraph 7#a77;,b7 of subsection 7b71 #ajf percent of the amount determined under paragraph 7#d7 of such section for such drug during the calendar quarter2 or 7bb7 in the case of a part ,b rebatable drug described in paragraph 7#a77;,c7 of such subsection1 the payment amount under such paragraph for such drug during the calendar quarter2 exceeds 7,,ii7 the inflation-adjusted payment amount determined under subparagraph 7,c7 for such part ,b rebatable drug during the calendar quarter4 7,b7 ,total number of units ,for purposes of subparagraph 7,a77i71 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 7,a7 is equal to-- 7i7 the number of units for the billing and payment code of such drug furnished during such calendar quarter1 minus 7ii7 the number of units for such billing and payment code of such drug furnished during such calendar quarter-- 7,i7 with respect to which the manufacturer provides a discount under the program under section #cdj;,b of the ,public ,health ,service ,act or a rebate under section #aibg2 or 7,,ii7 that are packaged into the payment amount for an item or service and are not separately payable4 7,c7 ,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-- 7i7 the payment amount for the billing and payment code for such drug in the payment amount benchmark quarter 7as defined in subparagraph 7,d772 increased by 7ii7 the percentage by which the rebate period ,,cpi-,u 7as defined in subparagraph 7,f77 for the calendar quarter exceeds the benchmark period ,,cpi-,u 7as defined in subparagraph 7,e774 7,d7 ,payment amount benchmark quarter ,the term payment amount benchmark quarter means the calendar quarter beginning ,july #a1 #bjba4 7,e7 ,benchmark period ,,cpi-,u ,the term benchmark period ,,cpi-,u means the consumer price index for all urban consumers 7,united ,states city average7 for ,january #bjba4 7,f7 ,rebate period ,,cpi-,u ,the term rebate period ,,cpi-,u means1 with respect to a calendar quarter described in subparagraph 7,c71 the greater of the benchmark period ,,cpi-,u and the consumer price index for all urban consumers 7,united ,states city average7 for the first month of the calendar quarter that is two calendar quarters prior to such described calendar quarter4 7,g7 ,reduction or waiver for shortages and severe supply chain disruptions ,the ,secretary shall reduce or waive the amount under subparagraph 7,a7 with respect to a part ,b rebatable drug and a calendar quarter-- 7i7 in the case of a part ,b rebatable drug that is described as currently in shortage on the shortage list in effect under section #ejf;,e of the ,federal ,food1 ,drug1 and ,cosmetic ,act at any point during the calendar quarter2 or 7ii7 in the case of a biosimilar biological product1 when the ,secretary determines there is a severe supply chain disruption during the calendar quarter1 such as that caused by a natural disaster or other unique or unexpected event4 7#d7 ,special treatment of certain drugs and exemption 7,a7 ,subsequently approved drugs ,in the case of a part ,b rebatable drug first approved or licensed by the ,food and ,drug ,administration after ,december #a1 #bjbj1 clause 7i7 of paragraph 7#c77;,c7 shall be applied as if the term payment amount benchmark quarter were defined under paragraph 7#c77;,d7 as the third full calendar quarter after the day on which the drug was first marketed and clause 7ii7 of paragraph 7#c77;,c7 shall be applied as if the term benchmark period ,,cpi-,u were defined under paragraph 7#c77;,e7 as if the reference to ,january #bjba 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 marketed4 7,b7 ,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 #a1 #bjbj1 paragraph 7#a77;,b7 shall be applied as if the reference to ,january #a1 #bjbc under such paragraph were a reference to the later of the #fth full calendar quarter after the day on which the drug was first marketed or ,january #a1 #bjbc4 7,c7 ,selected drugs ,in the case of a part ,b rebatable drug that is a selected drug 7as defined in section #aaib7;c77 with respect to a price applicability period 7as defined in section #aaia7;b77#b771 in the case such drug is no longer considered to be a selected drug under section #aaib7;c71 for each applicable period 7as defined under subsection 7g77#g77 beginning after the price applicability period with respect to such drug1 clause 7i7 of paragraph 7#c77;,c7 shall be applied as if the term payment amount benchmark quarter were defined under paragraph 7#c77;,d7 as the calendar quarter beginning ,january #a of the last year during such price applicability period with respect to such selected drug and clause 7ii7 of paragraph 7#c77;,c7 shall be applied as if the term benchmark period ,,cpi-,u were defined under paragraph 7#c77;,e7 as if the reference to ,january #bjba under such paragraph were a reference to the ,july of the year preceding such last year4 7#e7 ,application to beneficiary coinsurance ,in the case of a part ,b rebatable drug furnished on or after ,april #a1 #bjbc1 if the payment amount described in paragraph 7#c77;,a77ii77,i7 7or1 in the case of a part ,b rebatable drug that is a selected drug 7as defined in section #aaib7;c771 the payment amount described in subsection 7b77#a77;,b7 for such drug7 for a calendar quarter exceeds the inflation adjusted payment for such quarter-- 7,a7 in computing the amount of any coinsurance applicable under this part to an individual to whom such drug is furnished1 the computation of such coinsurance shall be equal to #bj percent of the inflation-adjusted payment amount determined under paragraph 7#c77;,c7 for such part ,b rebatable drug2 and 7,b7 the amount of such coinsurance for such calendar quarter1 as computed under subparagraph 7,a71 shall be applied as a percent1 as determined by the ,secretary1 to the payment amount that would otherwise apply under subparagraphs 7,b7 or 7,c7 of subsection 7b77#a74 7#f7 ,rebate deposits ,amounts paid as rebates under paragraph 7#a77;,b7 shall be deposited into the ,federal ,supplementary ,medical ,insurance ,trust ,fund established under section #ahda4 7#g7 ,civil money penalty ,if a manufacturer of a part ,b rebatable drug has failed to comply with the requirements under paragraph 7#a77;,b7 for such drug for a calendar quarter1 the manufacturer shall be subject to1 in accordance with a process established by the ,secretary pursuant to regulations1 a civil money penalty in an amount equal to at least #abe percent of the amount specified in paragraph 7#c7 for such drug for such calendar quarter4 ,the provisions of section #aabh;,a 7other than subsections 7a7 7with respect to amounts of penalties or additional assessments7 and 7b77 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 #aabh;,a7a74 7#h7 ,limitation on administrative or judicial review ,there shall be no administrative or judicial review of any of the following3 7,a7 ,the determination of units under this subsection4 7,b7 ,the determination of whether a drug is a part ,b rebatable drug under this subsection4 7,c7 ,the calculation of the rebate amount under this subsection4 7,d7 ,the computation of coinsurance under paragraph 7#e7 of this subsection4 7,e7 ,the computation of amounts paid under section #ahcc7;a77#a77;,,ee74 4 7b7 ,amounts payable2 cost-,sharing ,section #ahcc of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,g71 by inserting 1 subject to subsection 7i77#i71 after the amounts paid2 7,b7 in subparagraph 7,s71 by striking with respect to and inserting subject to subparagraph 7,,ee71 with respect to2 7,c7 by striking and 7,,dd7 and inserting 7,,dd72 and 7,d7 by inserting before the semicolon at the end the following3 1 and 7,,ee7 with respect to a part ,b rebatable drug 7as defined in paragraph 7#b7 of section #ahdg;,a7i77 furnished on or after ,april #a1 #bjbc1 for which the payment amount for a calendar quarter under paragraph 7#c77;,a77ii77,i7 of such section 7or1 in the case of a part ,b rebatable drug that is a selected drug 7as defined in section #aaib7;c7 for which1 the payment amount described in section #ahdg;,a7b77#a77;,b77 for such drug for such quarter exceeds the inflation-adjusted payment under paragraph 7#c77;,a77ii77,,ii7 of such section for such quarter1 the amounts paid shall be equal to the percent of the payment amount under paragraph 7#c77;,a77ii77,i7 of such section or section #ahdg;,a7b77#a77;,b71 as applicable1 that equals the difference between 7i7 #ajj percent1 and 7ii7 the percent applied under section #ahdg;,a7i77#e77;,b72 7#b7 in subsection 7i71 by adding at the end the following new paragraph3 7#i7 ,in the case of a part ,b rebatable drug 7as defined in paragraph 7#b7 of section #ahdg;,a7i77 for which payment under this subsection is not packaged into a payment for a service furnished on or after ,april #a1 #bjbc1 under the revised payment system under this subsection1 in lieu of calculation of coinsurance and the amount of payment otherwise applicable under this subsection1 the provisions of section #ahdg;,a7i77#e7 and paragraph 7#a77;,,ee7 of subsection 7a71 shall1 as determined appropriate by the ,secretary1 apply under this subsection in the same manner as such provisions of section #ahdg;,a7i77#e7 and subsection 7a7 apply under such section and subsection4 2 and 7#c7 in subsection 7t77#h71 by adding at the end the following new subparagraph3 7,f7 ,part ,b rebatable drugs ,in the case of a part ,b rebatable drug 7as defined in paragraph 7#b7 of section #ahdg;,a7i71 except if such drug does not have a copayment amount as a result of application of subparagraph 7,e77 for which payment under this part is not packaged into a payment for a covered ,,opd service 7or group of services7 furnished on or after ,april #a1 #bjbc1 and the payment for such drug under this subsection is the same as the amount for a calendar quarter under paragraph 7#c77;,a77ii77,i7 of section #ahdg;,a7i71 under the system under this subsection1 in lieu of calculation of the copayment amount and the amount of payment otherwise applicable under this subsection 7other than the application of the limitation described in subparagraph 7,c771 the provisions of section #ahdg;,a7i77#e7 and paragraph 7#a77;,,ee7 of subsection 7a71 shall1 as determined appropriate by the ,secretary1 apply under this subsection in the same manner as such provisions of section #ahdg;,a7i77#e7 and subsection 7a7 apply under such section and subsection4 4 7c7 ,conforming amendments 7#a7 ,to part ,b ,,asp calculation ,section #ahdg;,a7c77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7c77#c77 is amended by inserting subsection 7i7 or before section #aibg4 7#b7 ,excluding part ,b drug inflation rebate from best price ,section #aibg7;c77#a77;,c77ii77,i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;c77#a77;,c77ii77,i77 is amended by inserting or section #ahdg;,a7i7 after this section4 7#c7 ,coordination with ,medicaid rebate information disclosure ,section #aibg7;b77#c77;,d77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;b77#c77;,d77i77 is amended by inserting and the rebate after the payment amount4 7#d7 ,excluding part ,b drug inflation rebates from average manufacturer price ,section #aibg7k77#a77;,b77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7k77#a77;,b77i771 as amended by section #aajja7;b77#c71 is amended-- 7,a7 in subclause 7,v71 by striking and at the end2 7,b7 in subclause 7,,vi71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following new subclause3 7,,vii7 rebates paid by manufacturers under section #ahdg;,a7i72 and 4 7d7 ,funding ,in addition to amounts otherwise available1 there are appropriated to the ,centers for ,medicare ,medicaid ,services1 out of any money in the ,treasury not otherwise appropriated1 #hj1jjj1jjj for fiscal year #bjbb1 including #ab1ejj1jjj to carry out the provisions of1 including the amendments made by1 this section in fiscal year #bjbb1 and #g1ejj1jjj to carry out the provisions of1 including the amendments made by1 this section in each of fiscal years #bjbc through #bjca1 to remain available until expended4 #aaajb4 ,medicare part ,d rebate by manufacturers 7a7 ,in general ,part ,d of title ,,xviii of the ,social ,security ,act is amended by inserting after section #ahfj;,d-#ad;,a 7#db ,u4,s4,c4 #aciew-#aad;a7 the following new section3 #ahfj;,d-#ad;,b4 ,manufacturer rebate for certain drugs with prices increasing faster than inflation 7a7 ,requirements 7#a7 ,secretarial provision of information ,not later than #i months after the end of each applicable period 7as defined in subsection 7g77#g771 subject to paragraph 7#c71 the ,secretary shall1 for each part ,d rebatable drug1 report to each manufacturer of such part ,d rebatable drug the following for such period3 7,a7 ,the amount 7if any7 of the excess annual manufacturer price increase described in subsection 7b77#a77;,a77ii7 for each dosage form and strength with respect to such drug and period4 7,b7 ,the rebate amount specified under subsection 7b7 for each dosage form and strength with respect to such drug and period4 7#b7 ,manufacturer requirements ,for each applicable period1 the manufacturer of a part ,d rebatable drug1 for each dosage form and strength with respect to such drug1 not later than #cj days after the date of receipt from the ,secretary of the information described in paragraph 7#a7 for such period1 shall provide to the ,secretary a rebate that is equal to the amount specified in subsection 7b7 for such dosage form and strength with respect to such drug for such period4 7#c7 ,transition rule for reporting ,the ,secretary may1 for each rebatable covered part ,d drug1 delay the timeframe for reporting the information and rebate amount described in subparagraphs 7,a7 and 7,b7 of such paragraph for the applicable periods beginning ,october #a1 #bjbb1 and ,october #a1 #bjbc1 until not later than ,december #ca1 #bjbe4 7b7 ,rebate amount 7#a7 ,in general 7,a7 ,calculation ,for purposes of this section1 the amount specified in this subsection for a dosage form and strength with respect to a part ,d rebatable drug and applicable period is1 subject to subparagraph 7,c71 paragraph 7#e77;,b71 and paragraph 7#f71 the estimated amount equal to the product of-- 7i7 subject to subparagraph 7,b7 of this paragraph1 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 period2 and 7ii7 the amount 7if any7 by which-- 7,i7 the annual manufacturer price 7as determined in paragraph 7#b77 paid for such dosage form and strength with respect to such part ,d rebatable drug for the period2 exceeds 7,,ii7 the inflation-adjusted payment amount determined under paragraph 7#c7 for such dosage form and strength with respect to such part ,d rebatable drug for the period4 7,b7 ,excluded units ,for purposes of subparagraph 7,a77i71 beginning with plan year #bjbf1 the ,secretary shall exclude from the total number of units for a dosage form and strength with respect to a part ,d rebatable drug1 with respect to an applicable period1 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 #cdj;,b of the ,public ,health ,service ,act4 7,c7 ,reduction or waiver for shortages and severe supply chain disruptions ,the ,secretary shall reduce or waive the amount under subparagraph 7,a7 with respect to a part ,d rebatable drug and an applicable period-- 7i7 in the case of a part ,d rebatable drug that is described as currently in shortage on the shortage list in effect under section #ejf;,e of the ,federal ,food1 ,drug1 and ,cosmetic ,act at any point during the applicable period2 7ii7 in the case of a generic part ,d rebatable drug 7described in subsection 7g77#a77;,c77ii77 or a biosimilar 7defined as a biological product licensed under section #cea7k7 of the ,public ,health ,service ,act71 when the ,secretary determines there is a severe supply chain disruption during the applicable period1 such as that caused by a natural disaster or other unique or unexpected event2 and 7iii7 in the case of a generic ,part ,d rebatable drug 7as so described71 if the ,secretary determines that without such reduction or waiver1 the drug is likely to be described as in shortage on such shortage list during a subsequent applicable period4 7#b7 ,determination of annual manufacturer price ,the annual manufacturer price determined under this paragraph for a dosage form and strength1 with respect to a part ,d rebatable drug and an applicable period1 is the sum of the products of-- 7,a7 the average manufacturer price 7as defined in subsection 7g77#f77 of such dosage form and strength1 as calculated for a unit of such drug1 with respect to each of the calendar quarters of such period2 and 7,b7 the ratio of-- 7i7 the total number of units of such dosage form and strength reported under section #aibg with respect to each such calendar quarter of such period2 to 7ii7 the total number of units of such dosage form and strength reported under section #aibg with respect to such period1 as determined by the ,secretary4 7#c7 ,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 period1 subject to paragraph 7#e71 is-- 7,a7 the benchmark period manufacturer price determined under paragraph 7#d7 for such dosage form and strength with respect to such drug and period2 increased by 7,b7 the percentage by which the applicable period ,,cpi-,u 7as defined in subsection 7g77#e77 for the period exceeds the benchmark period ,,cpi-,u 7as defined in subsection 7g77#d774 7#d7 ,determination of benchmark period manufacturer price ,the benchmark period manufacturer price determined under this paragraph for a dosage form and strength1 with respect to a part ,d rebatable drug and an applicable period1 is the sum of the products of-- 7,a7 the average manufacturer price 7as defined in subsection 7g77#f77 of such dosage form and strength1 as calculated for a unit of such drug1 with respect to each of the calendar quarters of the payment amount benchmark period 7as defined in subsection 7g77#c772 and 7,b7 the ratio of-- 7i7 the total number of units reported under section #aibg of such dosage form and strength with respect to each such calendar quarter of such payment amount benchmark period2 to 7ii7 the total number of units reported under section #aibg of such dosage form and strength with respect to such payment amount benchmark period4 7#e7 ,special treatment of certain drugs and exemption 7,a7 ,subsequently approved drugs ,in the case of a part ,d rebatable drug first approved or licensed by the ,food and ,drug ,administration after ,october #a1 #bjba1 subparagraphs 7,a7 and 7,b7 of paragraph 7#d7 shall be applied as if the term payment amount benchmark period were defined under subsection 7g77#c7 as the first calendar year beginning after the day on which the drug was first marketed and subparagraph 7,b7 of paragraph 7#c7 shall be applied as if the term benchmark period ,,cpi-,u were defined under subsection 7g77#d7 as if the reference to ,january #bjba under such subsection were a reference to ,january of the first year beginning after the date on which the drug was first marketed4 7,b7 ,treatment of new formulations 7i7 ,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 form1 the ,secretary shall establish a formula for determining the rebate amount under paragraph 7#a7 and the inflation adjusted payment amount under paragraph 7#c7 with respect to such part ,d rebatable drug and an applicable period1 consistent with the formula applied under subsection 7c77#b77;,c7 of section #aibg for determining a rebate obligation for a rebate period under such section4 7ii7 ,line extension defined ,in this subparagraph1 the term line extension means1 with respect to a part ,d rebatable drug1 a new formulation of the drug1 such as an extended release formulation1 but does not include an abuse-deterrent formulation of the drug 7as determined by the ,secretary71 regardless of whether such abuse-deterrent formulation is an extended release formulation4 7,c7 ,selected drugs ,in the case of a part ,d rebatable drug that is a selected drug 7as defined in section #aaib7;c77 with respect to a price applicability period 7as defined in section #aaia7;b77#b771 in the case such drug is no longer considered to be a selected drug under section #aaib7;c71 for each applicable period 7as defined under subsection 7g77#g77 beginning after the price applicability period with respect to such drug1 subparagraphs 7,a7 and 7,b7 of paragraph 7#d7 shall be applied as if the term payment amount benchmark period were defined under subsection 7g77#c7 as the last year beginning during such price applicability period with respect to such selected drug and subparagraph 7,b7 of paragraph 7#c7 shall be applied as if the term benchmark period ,,cpi-,u were defined under subsection 7g77#d7 as if the reference to ,january #bjba under such subsection were a reference to ,january of the last year beginning during such price applicability period with respect to such drug4 7#f7 ,reconciliation in case of revised information ,the ,secretary shall provide for a method and process under which1 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 dispensed1 the ,secretary determines1 pursuant to such revisions1 adjustments1 if any1 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 subsection4 ,any identified underpayment shall be rectified by the manufacturer not later than #cj days after the date of receipt from the ,secretary of information on such underpayment4 7c7 ,rebate deposits ,amounts paid as rebates under subsection 7b7 shall be deposited into the ,medicare ,prescription ,drug ,account in the ,federal ,supplementary ,medical ,insurance ,trust ,fund established under section #ahda4 7d7 ,information ,for purposes of carrying out this section1 the ,secretary shall use information submitted by-- 7#a7 manufacturers under section #aibg7;b77#c72 7#b7 ,states under section #aibg7;b77#b77;,a72 and 7#c7 ,,pdp sponsors of prescription drug plans and ,,ma organization offering ,,ma-,,pd plans under this part4 7e7 ,civil money penalty ,if a manufacturer of a part ,d rebatable drug has failed to comply with the requirement under subsection 7a77#b7 with respect to such drug for an applicable period1 the manufacturer shall be subject to a civil money penalty in an amount equal to #abe percent of the amount specified in subsection 7b7 for such drug for such period4 ,the provisions of section #aabh;,a 7other than subsections 7a7 7with respect to amounts of penalties or additional assessments7 and 7b77 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 #aabh;,a7a74 7f7 ,limitation on administrative or judicial review ,there shall be no administrative or judicial review of any of the following3 7#a7 ,the determination of units under this section4 7#b7 ,the determination of whether a drug is a part ,d rebatable drug under this section4 7#c7 ,the calculation of the rebate amount under this section4 7g7 ,definitions ,in this section3 7#a7 ,part d rebatable drug 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term part ,d rebatable drug means1 with respect to an applicable period1 a drug or biological described in subparagraph 7,c7 that is a covered part ,d drug 7as such term is defined under section #ahfj;,d-#b7;e774 7,b7 ,exclusion 7i7 ,in general ,such term shall1 with respect to an applicable period1 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 biological1 as determined by the ,secretary1 is less than1 subject to clause 7ii71 #ajj1 as determined by the ,secretary using the most recent data available or1 if data is not available1 as estimated by the ,secretary4 7ii7 ,increase ,the dollar amount applied under clause 7i7-- 7,i7 for the applicable period beginning ,october #a1 #bjbc1 shall be the dollar amount specified under such clause for the applicable period beginning ,october #a1 #bjbb1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 for the #ab-month period beginning with ,october of #bjbc2 and 7,,ii7 for a subsequent applicable period1 shall be the dollar amount specified in this clause for the previous applicable period1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 for the #ab-month period beginning with ,october of the previous period4 ,any dollar amount specified under this clause that is not a multiple of #aj shall be rounded to the nearest multiple of #aj4 7,c7 ,drug or biological described ,a drug or biological described in this subparagraph is a drug or biological that1 as of the first day of the applicable period involved1 is-- 7i7 a drug approved under a new drug application under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 7ii7 a drug approved under an abbreviated new drug application under section #eje7;j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 in the case where-- 7,i7 the reference listed drug approved under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 including any authorized generic drug 7as that term is defined in section #eje7t77#c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act71 is not being marketed1 as identified in the ,food and ,drug ,administration's ,national ,drug ,code ,directory2 7,,ii7 there is no other drug approved under section #eje7;j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act that is rated as therapeutically equivalent 7under the ,food and ,drug ,administration's most recent publication of ,approved ,drug ,products with ,therapeutic ,equivalence ,evaluations7 and that is being marketed1 as identified in the ,food and ,drug ,administration's ,national ,drug ,code ,directory2 7,,iii7 the manufacturer is not a first applicant during the #ahj-;day exclusivity period1 as those terms are defined in section #eje7;j77#e77;,b77iv7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 and 7,,iv7 the manufacturer is not a first approved applicant for a competitive generic therapy1 as that term is defined in section #eje7;j77#e77;,b77v7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 or 7iii7 a biological licensed under section #cea of the ,public ,health ,service ,act4 7#b7 ,unit ,the term unit means1 with respect to a part ,d rebatable drug1 the lowest dispensable amount 7such as a capsule or tablet1 milligram of molecules1 or grams7 of the part ,d rebatable drug1 as reported under section #aibg4 7#c7 ,payment amount benchmark period ,the term payment amount benchmark period means the period beginning ,january #a1 #bjba1 and ending in the month immediately prior to ,october #a1 #bjba4 7#d7 ,benchmark period ,,cpi-,u ,the term benchmark period ,,cpi-,u means the consumer price index for all urban consumers 7,united ,states city average7 for ,january #bjba4 7#e7 ,applicable period ,,cpi-,u ,the term applicable period ,,cpi-,u means1 with respect to an applicable period1 the consumer price index for all urban consumers 7,united ,states city average7 for the first month of such applicable period4 7#f7 ,average manufacturer price ,the term average manufacturer price has the meaning1 with respect to a part ,d rebatable drug of a manufacturer1 given such term in section #aibg7k77#a71 with respect to a covered outpatient drug of a manufacturer for a rebate period under section #aibg4 7#g7 ,applicable period ,the term applicable period means a #ab-month period beginning with ,october #a of a year 7beginning with ,october #a1 #bjbb74 7h7 ,implementation for #bjbb1 #bjbc1 and #bjbd ,the ,secretary shall implement this section for #bjbb1 #bjbc1 and #bjbd by program instruction or other forms of program guidance4 4 7b7 ,conforming amendments 7#a7 ,to part ,b ,,asp calculation ,section #ahdg;,a7c77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7c77#c771 as amended by section #aaaja7;c77#a71 is amended by striking subsection 7i7 or section #aibg and inserting subsection 7i71 section #aibg1 or section #ahfj;,d-#ad;,b4 7#b7 ,excluding part ,d drug inflation rebate from best price ,section #aibg7;c77#a77;,c77ii77,i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;c77#a77;,c77ii77,i771 as amended by section #aaaja7;c77#b71 is amended by striking or section #ahdg;,a7i7 and inserting 1 section #ahdg;,a7i71 or section #ahfj;,d-#ad;,b4 7#c7 ,coordination with ,medicaid rebate information disclosure ,section #aibg7;b77#c77;,d77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;b77#c77;,d77i771 as amended by sections #aajjb7;b7 and #aaaja7;c77#c71 is amended by striking or section #aaib7;f71 including rebates under paragraph 7#d7 of such section and inserting 1 section #aaib7;f71 including rebates under paragraph 7#d7 of such section1 or section #ahfj;,d-#ad;,b4 7#d7 ,excluding part ,d drug inflation rebates from average manufacturer price ,section #aibg7k77#a77;,b77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7k77#a77;,b77i771 as amended by section #aajja7;b77#c7 and section #aaaja7;c77#d71 is amended by adding at the end the following new subclause3 7,a7 in subclause 7,,vi71 by striking and at the end2 7,b7 in subclause 7,,vii71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following new subclause3 7,,viii7 rebates paid by manufacturers under section #ahfj;,d-#ad;,b4 4 7c7 ,funding ,in addition to amounts otherwise available1 there are appropriated to the ,centers for ,medicare ,medicaid ,services1 out of any money in the ,treasury not otherwise appropriated1 #hj1jjj1jjj for fiscal year #bjbb1 including #ab1ejj1jjj to carry out the provisions of1 including the amendments made by1 this section in fiscal year #bjbb1 and #g1ejj1jjj to carry out the provisions of1 including the amendments made by1 this section in each of fiscal years #bjbc through #bjca1 to remain available until expended4 #c ,part ,d ,improvements and ,maximum ,out-of-,pocket ,cap for ,medicare ,beneficiaries #aabja4 ,medicare part ,d benefit redesign 7a7 ,benefit structure redesign ,section #ahfj;,d-#b7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;b77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by inserting for a year preceding #bjbe and for costs above the annual deductible specified in paragraph 7#a7 and up to the annual out-of-pocket threshold specified in paragraph 7#d77;,b7 for #bjbe and each subsequent year after paragraph 7#c72 7,b7 in subparagraph 7,c7-- 7i7 in clause 7i71 in the matter preceding subclause 7,i71 by inserting for a year preceding #bjbe1 after paragraph 7#d712 and 7ii7 in clause 7ii77,,iii71 by striking and each subsequent year and inserting through #bjbd2 and 7,c7 in subparagraph 7,d7-- 7i7 in clause 7i7-- 7,i7 in the matter preceding subclause 7,i71 by inserting for a year preceding #bjbe1 after paragraph 7#d712 and 7,,ii7 in subclause 7,i77bb71 by striking a year after #bjah and inserting each of years #bjai through #bjbd2 and 7ii7 in clause 7ii77,v71 by striking #bjai and each subsequent year and inserting each of years #bjai through #bjbd2 7#b7 in paragraph 7#c77;,a7-- 7,a7 in the matter preceding clause 7i71 by inserting for a year preceding #bjbe1 after and 7#d712 and 7,b7 in clause 7ii71 by striking for a subsequent year and inserting for each of years #bjjg through #bjbd2 and 7#c7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i7-- 7,i7 by redesignating subclauses 7,i7 and 7,,ii7 as items 7aa7 and 7bb71 respectively1 and moving the margin of each such redesignated item #b ems to the right2 7,,ii7 in the matter preceding item 7aa71 as redesignated by subclause 7,i71 by striking is equal to the greater of-- and inserting 8is equal to-- 7,i7 for a year preceding #bjbd1 the greater of-- 2 7,,iii7 by striking the period at the end of item 7bb71 as redesignated by subclause 7,i71 and inserting 2 and2 and 7,,iv7 by adding at the end the following3 7,,ii7 for #bjbd and each succeeding year1 #j4 2 and 7ii7 in clause 7ii7-- 7,i7 by striking clause 7i77,i7 and inserting clause 7i77,i77aa72 and 7,,ii7 by adding at the end the following new sentence3 ,the ,secretary shall continue to calculate the dollar amounts specified in clause 7i77,i77aa71 including with the adjustment under this clause1 after #bjbc for purposes of section #ahfj;,d-#ad7;a77#a77;,d77iii742 7,b7 in subparagraph 7,b7-- 7i7 in clause 7i7-- 7,i7 in subclause 7,v71 by striking or at the end2 7,,ii7 in subclause 7,,vi7-- 7aa7 by striking for a subsequent year and inserting for each of years #bjba through #bjbd2 and 7bb7 by striking the period at the end and inserting a semicolon2 and 7,,iii7 by adding at the end the following new subclauses3 7,,vii7 for #bjbe1 is equal to #b1jjj2 or 7,,viii7 for a subsequent year1 is equal to the amount specified in this subparagraph for the previous year1 increased by the annual percentage increase described in paragraph 7#f7 for the year involved4 2 and 7ii7 in clause 7ii71 by striking clause 7i77,,ii7 and inserting clause 7i72 7,c7 in subparagraph 7,c7-- 7i7 in clause 7i71 by striking and for amounts and inserting and1 for a year preceding #bjbe1 for amounts2 and 7ii7 in clause 7iii7-- 7,i7 by redesignating subclauses 7,i7 through 7,,iv7 as items 7aa7 through 7dd7 and indenting appropriately2 7,,ii7 by striking if such costs are borne or paid and inserting 8if such costs-- 7,i7 are borne or paid-- 2 and 7,,iii7 in item 7dd71 by striking the period at the end and inserting 2 or2 and 7,,iv7 by adding at the end the following new subclause3 7,,ii7 for #bjbe and subsequent years1 are reimbursed through insurance1 a group health plan1 or certain other third party payment arrangements1 but not including the coverage provided by a prescription drug plan or an ,,ma-,,pd plan that is basic prescription drug coverage 7as defined in subsection 7a77#c77 or any payments by a manufacturer under the manufacturer discount program under section #ahfj;,d-#ad;,c4 2 and 7,d7 in subparagraph 7,e71 by striking ,in applying and inserting ,for each of years #bjaa through #bjbd1 in applying4 7b7 ,reinsurance payment amount ,section #ahfj;,d-#ae7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aae7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking equal to #hj percent and inserting 8equal to-- 7,a7 for a year preceding #bjbe1 #hj percent 2 7,b7 in subparagraph 7,a71 as added by subparagraph 7,a71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,b7 for #bjbe and each subsequent year1 the sum of-- 7i7 with respect to applicable drugs 7as defined in section #ahfj;,d-#ad;,c7g77#b771 an amount equal to #bj percent of such allowable reinsurance costs attributable to that portion of gross covered prescription drug costs as specified in paragraph 7#c7 incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b72 and 7ii7 with respect to covered part ,d drugs that are not applicable drugs 7as so defined71 an amount equal to #dj percent of such allowable reinsurance costs attributable to that portion of gross covered prescription drug costs as specified in paragraph 7#c7 incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b74 2 7#b7 in paragraph 7#b7-- 7,a7 by striking ,,costs4--,for purposes and inserting ,costs4-- 7,a7 ,in general ,subject to subparagraph 7,b71 for purposes 2 and 7,b7 by adding at the end the following new subparagraph3 7,b7 ,inclusion of manufacturer discounts on applicable drugs ,for purposes of applying subparagraph 7,a71 the term #8allowable reinsurance costs' shall include the portion of the negotiated price 7as defined in section #ahfj;,d-#ad;,c7g77#f77 of an applicable drug 7as defined in section #ahfj;,d-#ad;,c7g77#b77 that was paid by a manufacturer under the manufacturer discount program under section #ahfj;,d-#ad;,c4 2 and 7#c7 in paragraph 7#c7-- 7,a7 in the first sentence1 by striking ,for purposes and inserting ,subject to paragraph 7#b77;,b71 for purposes2 and 7,b7 in the second sentence1 by inserting 7or1 with respect to #bjbe and subsequent years1 in the case of an applicable drug1 as defined in section #ahfj;,d-#ad;,c7g77#b71 by a manufacturer7 after by the individual or under the plan4 7c7 ,manufacturer discount program 7#a7 ,in general ,part ,d of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aja through #db ,u4,s4,c4 #aciew-#aec71 as amended by section #aaajb1 is amended by inserting after section #ahfj;,d-#ad;,b the following new sections3 #ahfj;,d-#ad;,c4 ,manufacturer discount program 7a7 ,establishment ,the ,secretary shall establish a manufacturer discount program 7in this section referred to as the program74 ,under the program1 the ,secretary shall enter into agreements described in subsection 7b7 with manufacturers and provide for the performance of the duties described in subsection 7c74 7b7 ,terms of agreement 7#a7 ,in general 7,a7 ,agreement ,an agreement under this section shall require the manufacturer to provide1 in accordance with this section1 discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after ,january #a1 #bjbe4 7,b7 ,clarification ,nothing in this section shall be construed as affecting-- 7i7 the application of a coinsurance of #be percent of the negotiated price1 as applied under paragraph 7#b77;,a7 of section #ahfj;,d-#b7;b71 for costs described in such paragraph2 or 7ii7 the application of the copayment amount described in paragraph 7#d77;,a7 of such section1 with respect to costs described in such paragraph4 7,c7 ,timing of agreement 7i7 ,special rule for #bjbe ,in order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on ,january #a1 #bjbe1 and ending on ,december #ca1 #bjbe1 the manufacturer shall enter into such agreement not later than ,march #a1 #bjbd4 7ii7 #bjbf and subsequent years ,in order for an agreement with a manufacturer to be in effect under this section with respect to plan year #bjbf or a subsequent plan year1 the manufacturer shall enter into such agreement not later than a calendar quarter or semi-annual deadline established by the ,secretary4 7#b7 ,provision of appropriate data ,each manufacturer with an agreement in effect under this section shall collect and have available appropriate data1 as determined by the ,secretary1 to ensure that it can demonstrate to the ,secretary compliance with the requirements under the program4 7#c7 ,compliance with requirements for administration of program ,each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the ,secretary1 as applicable1 for purposes of administering the program1 including any determination under subparagraph 7,a7 of subsection 7c77#a7 or procedures established under such subsection 7c77#a74 7#d7 ,length of agreement 7,a7 ,in general ,an agreement under this section shall be effective for an initial period of not less than #ab months and shall be automatically renewed for a period of not less than #a year unless terminated under subparagraph 7,b74 7,b7 ,termination 7i7 ,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 shown4 ,such termination shall not be effective earlier than #cj days after the date of notice to the manufacturer of such termination4 ,the ,secretary shall provide1 upon request1 a manufacturer with a hearing concerning such a termination1 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 appropriate4 7ii7 ,by a manufacturer ,a manufacturer may terminate an agreement under this section for any reason4 ,any such termination shall be effective1 with respect to a plan year-- 7,i7 if the termination occurs before ,january #ca of a plan year1 as of the day after the end of the plan year2 and 7,,ii7 if the termination occurs on or after ,january #ca of a plan year1 as of the day after the end of the succeeding plan year4 7iii7 ,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 termination4 7#e7 ,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 ,secretary4 7c7 ,duties described ,the duties described in this subsection are the following3 7#a7 ,administration of program ,administering the program1 including-- 7,a7 the determination of the amount of the discounted price of an applicable drug of a manufacturer2 7,b7 the establishment of procedures to ensure that1 not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service1 the pharmacy or mail order service is reimbursed for an amount equal to the difference between-- 7i7 the negotiated price of the applicable drug2 and 7ii7 the discounted price of the applicable drug2 7,c7 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 ,secretary2 and 7,d7 providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers1 prescription drug plans and ,,ma-,,pd plans1 and the ,secretary4 7#b7 ,monitoring compliance ,the ,secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section4 7#c7 ,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 section4 7d7 ,administration 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall provide for the implementation of this section1 including the performance of the duties described in subsection 7c74 7#b7 ,limitation ,in providing for the implementation of this section1 the ,secretary shall not receive or distribute any funds of a manufacturer under the program4 7e7 ,civil money penalty 7#a7 ,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-- 7,a7 the amount that the manufacturer would have paid with respect to such discounts under the agreement1 which will then be used to pay the discounts which the manufacturer had failed to provide2 and 7,b7 #be percent of such amount4 7#b7 ,application ,the provisions of section #aabh;,a 7other than subsections 7a7 and 7b77 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 #aabh;,a7a74 7f7 ,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 7including 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 in74 7g7 ,definitions ,in this section3 7#a7 ,applicable beneficiary ,the term applicable beneficiary means an individual who1 on the date of dispensing a covered part ,d drug-- 7,a7 is enrolled in a prescription drug plan or an ,,ma-,,pd plan2 7,b7 is not enrolled in a qualified retiree prescription drug plan2 and 7,c7 has incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that exceed the annual deductible specified in section #ahfj;,d-#b7;b77#a74 7#b7 ,applicable drug ,the term applicable drug1 with respect to an applicable beneficiary-- 7,a7 means a covered part ,d drug-- 7i7 approved under a new drug application under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act or1 in the case of a biologic product1 licensed under section #cea of the ,public ,health ,service ,act2 and 7ii7 7,i7 if the ,,pdp sponsor of the prescription drug plan or the ,,ma organization offering the ,,ma-,,pd plan uses a formulary1 which is on the formulary of the prescription drug plan or ,,ma-,,pd plan that the applicable beneficiary is enrolled in2 7,,ii7 if the ,,pdp sponsor of the prescription drug plan or the ,,ma organization offering the ,,ma-,,pd plan does not use a formulary1 for which benefits are available under the prescription drug plan or ,,ma-,,pd plan that the applicable beneficiary is enrolled in2 or 7,,iii7 is provided through an exception or appeal2 and 7,b7 does not include a selected drug 7as referred to under section #aaib7;c77 during a price applicability period 7as defined in section #aaia7;b77#b77 with respect to such drug4 7#c7 ,applicable number of calendar days ,the term applicable number of calendar days means-- 7,a7 with respect to claims for reimbursement submitted electronically1 #ad days2 and 7,b7 with respect to claims for reimbursement submitted otherwise1 #cj days4 7#d7 ,discounted price 7,a7 ,in general ,the term discounted price means1 subject to subparagraphs 7,b7 and 7,c71 with respect to an applicable drug of a manufacturer dispensed during a year to an applicable beneficiary-- 7i7 who has not incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i7 for the year1 #ij percent of the negotiated price of such drug2 and 7ii7 who has incurred such costs1 as so determined1 in the year that are equal to or exceed such threshold for the year1 #hj percent of the negotiated price of such drug4 7,b7 ,phase-in for certain drugs dispensed to ,,lis beneficiaries 7i7 ,in general ,in the case of an applicable drug of a specified manufacturer 7as defined in clause 7ii77 that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary who is a subsidy eligible individual 7as defined in section #ahfj;,d-#ad7;a77#c771 the term discounted price means the specified ,,lis percent 7as defined in clause 7iii77 of the negotiated price of the applicable drug of the manufacturer4 7ii7 ,specified manufacturer 7,i7 ,in general ,in this subparagraph1 subject to subclause 7,,ii71 the term specified manufacturer means a manufacturer of an applicable drug for which1 in #bjba-- 7aa7 the manufacturer had a coverage gap discount agreement under section #ahfj;,d-#ad;,a2 7bb7 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 #a4j percent of the total expenditures under this part for all covered ,part ,d drugs during such year2 and 7cc7 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 #a4j 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 year4 7,,ii7 ,specified drugs 7aa7 ,in general ,for purposes of this clause1 the term specified drug means1 with respect to a specified manufacturer1 for #bjba1 an applicable drug that is produced1 prepared1 propagated1 compounded1 converted1 or processed by the manufacturer4 7bb7 ,aggregation rule ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall be treated as one manufacturer for purposes of this subparagraph4 ,for purposes of making a determination pursuant to the previous sentence1 an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the ,secretary as necessary4 7,,iii7 ,limitation ,the term specified manufacturer shall not include a manufacturer described in subclause 7,i7 if such manufacturer is acquired after #bjba by another manufacturer that is not a specified manufacturer1 effective at the beginning of the plan year immediately following such acquisition or1 in the case of an acquisition before #bjbe1 effective ,january #a1 #bjbe4 7iii7 ,specified ,,lis percent ,in this subparagraph1 the specified ,,lis percent means1 with respect to a year-- 7,i7 for an applicable drug dispensed for an applicable beneficiary described in clause 7i7 who has not incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i7 for the year-- 7aa7 for #bjbe1 #ii percent2 7bb7 for #bjbf1 #ih percent2 7cc7 for #bjbg1 #ie percent2 7dd7 for #bjbh1 #ib percent2 and 7ee7 for #bjbi and each subsequent year1 #ij percent2 and 7,,ii7 for an applicable drug dispensed for an applicable beneficiary described in clause 7i7 who has incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i7 for the year-- 7aa7 for #bjbe1 #ii percent2 7bb7 for #bjbf1 #ih percent2 7cc7 for #bjbg1 #ie percent2 7dd7 for #bjbh1 #ib percent2 7ee7 for #bjbi1 #ij percent2 7ff7 for #bjcj1 #he percent2 and 7gg7 for #bjca and each subsequent year1 #hj percent4 7,c7 ,phase-in for specified small manufacturers 7i7 ,in general ,in the case of an applicable drug of a specified small manufacturer 7as defined in clause 7ii77 that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary1 the term discounted price means the specified small manufacturer percent 7as defined in clause 7iii77 of the negotiated price of the applicable drug of the manufacturer4 7ii7 ,specified small manufacturer 7,i7 ,in general ,in this subparagraph1 subject to subclause 7,,iii71 the term #8specified small manufacturer' means a manufacturer of an applicable drug for which1 in #bjba-- 7aa7 the manufacturer is a specified manufacturer 7as defined in subparagraph 7,b77ii772 and 7bb7 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 #ahfj;,d-#ad;,a of such manufacturer for such year and covered under this part during such year are equal to or more than #hj 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 year4 7,,ii7 ,specified small manufacturer drugs 7aa7 ,in general ,for purposes of this clause1 the term specified small manufacturer drugs means1 with respect to a specified small manufacturer1 for #bjba1 an applicable drug that is produced1 prepared1 propagated1 compounded1 converted1 or processed by the manufacturer4 7bb7 ,aggregation rule ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall be treated as one manufacturer for purposes of this subparagraph4 ,for purposes of making a determination pursuant to the previous sentence1 an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the ,secretary as necessary4 7,,iii7 ,limitation ,the term specified small manufacturer shall not include a manufacturer described in subclause 7,i7 if such manufacturer is acquired after #bjba by another manufacturer that is not a specified small manufacturer1 effective at the beginning of the plan year immediately following such acquisition or1 in the case of an acquisition before #bjbe1 effective ,january #a1 #bjbe4 7iii7 ,specified small manufacturer percent ,in this subparagraph1 the term specified small manufacturer percent means1 with respect to a year-- 7,i7 for an applicable drug dispensed for an applicable beneficiary who has not incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i7 for the year-- 7aa7 for #bjbe1 #ii percent2 7bb7 for #bjbf1 #ih percent2 7cc7 for #bjbg1 #ie percent2 7dd7 for #bjbh1 #ib percent2 and 7ee7 for #bjbi and each subsequent year1 #ij percent2 and 7,,ii7 for an applicable drug dispensed for an applicable beneficiary who has incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i7 for the year-- 7aa7 for #bjbe1 #ii percent2 7bb7 for #bjbf1 #ih percent2 7cc7 for #bjbg1 #ie percent2 7dd7 for #bjbh1 #ib percent2 7ee7 for #bjbi1 #ij percent2 7ff7 for #bjcj1 #he percent2 and 7gg7 for #bjca and each subsequent year1 #hj percent4 7,d7 ,total expenditures ,for purposes of this paragraph1 the term total expenditures includes1 in the case of expenditures with respect to part ,d1 the total gross covered prescription drug costs as defined in section #ahfj;,d-#ae7;b77#c74 ,the term total expenditures excludes1 in the case of expenditures with respect to part ,b1 expenditures for a drug or biological that are bundled or packaged into the payment for another service4 7,e7 ,special case for certain claims 7i7 ,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 #ahfj;,d-#b7;b77#a7 for the year1 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 deductible4 7ii7 ,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 #ahfj;,d-#b7;b77#d77;,b77i7 for the year1 the manufacturer of the applicable drug shall provide the discounted price-- 7,i7 in accordance with subparagraph 7,a77i7 on the portion of the negotiated price of the applicable drug that falls below such threshold2 and 7,,ii7 in accordance with subparagraph 7,a77ii7 on the portion of such price of such drug that falls at or above such threshold4 7#e7 ,manufacturer ,the term manufacturer means any entity which is engaged in the production1 preparation1 propagation1 compounding1 conversion1 or processing of prescription drug products1 either directly or indirectly by extraction from substances of natural origin1 or independently by means of chemical synthesis1 or by a combination of extraction and chemical synthesis4 ,such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under ,state law4 7#f7 ,negotiated price ,the term negotiated price has the meaning given such term for purposes of section #ahfj;,d-#b7;d77#a77;,b71 and1 with respect to an applicable drug1 such negotiated price shall include any dispensing fee and1 if applicable1 any vaccine administration fee for the applicable drug4 7#g7 ,qualified retiree prescription drug plan ,the term qualified retiree prescription drug plan has the meaning given such term in section #ahfj;,d-#bb7;a77#b74 #ahfj;,d-#ad;,d4 ,selected drug subsidy program ,with respect to covered part ,d drugs that would be applicable drugs 7as defined in section #ahfj;,d-#ad;,c7g77#b77 but for the application of subparagraph 7,b7 of such section1 the ,secretary shall provide a process whereby1 in the case of an applicable beneficiary 7as defined in section #ahfj;,d-#ad;,c7g77#a77 who1 with respect to a year1 is enrolled in a prescription drug plan or is enrolled in an ,,ma-,,pd plan1 has not incurred costs that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i71 and is dispensed such a drug1 the ,secretary 7periodically and on a timely basis7 provides the ,,pdp sponsor or the ,,ma organization offering the plan1 a subsidy with respect to such drug that is equal to #aj percent of the negotiated price 7as defined in section #ahfj;,d-#ad;,c7g77#f77 of such drug4 4 7#b7 ,sunset of ,medicare coverage gap discount program ,section #ahfj;,d-#ad;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad;a7 is amended-- 7,a7 in subsection 7a71 in the first sentence1 by striking ,the ,secretary and inserting ,subject to subsection 7h71 the ,secretary2 and 7,b7 by adding at the end the following new subsection3 7h7 ,sunset of program 7#a7 ,in general ,the program shall not apply with respect to applicable drugs dispensed on or after ,january #a1 #bjbe1 and1 subject to paragraph 7#b71 agreements under this section shall be terminated as of such date4 7#b7 ,continued application for applicable drugs dispensed prior to sunset ,the provisions of this section 7including all responsibilities and duties7 shall continue to apply on and after ,january #a1 #bjbe1 with respect to applicable drugs dispensed prior to such date4 4 7#c7 ,selected drug subsidy payments from ,medicare prescription drug account ,section #ahfj;,d-#af7;b77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aaf7;b77#a77 is amended-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,e7 payments under section #ahfj;,d-#ad;,d 7relating to selected drug subsidy payments74 4 7d7 ,medicare part ,d premium stabilization 7#a7 #bjbd through #bjbi ,section #ahfj;,d-#ac of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aac7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a77;,a71 by inserting or 7#h7 7as applicable7 after paragraph 7#b72 7ii7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking ,the base and inserting ,subject to paragraph 7#h71 the base2 7iii7 in paragraph 7#g7-- 7,i7 in subparagraph 7,b77ii71 by inserting or 7#h7 7as applicable7 after paragraph 7#b72 and 7,,ii7 in subparagraph 7,e77i71 by inserting or 7#h7 7as applicable7 after paragraph 7#b72 and 7iv7 by adding at the end the following new paragraph3 7#h7 ,premium stabilization 7,a7 ,in general ,the base beneficiary premium under this paragraph for a prescription drug plan for a month in #bjbd through #bjbi shall be computed as follows3 7i7 #bjbd ,the base beneficiary premium for a month in #bjbd shall be equal to the lesser of-- 7,i7 the base beneficiary premium computed under paragraph 7#b7 for a month in #bjbc increased by #f percent2 or 7,,ii7 the base beneficiary premium computed under paragraph 7#b7 for a month in #bjbd that would have applied if this paragraph had not been enacted4 7ii7 #bjbe ,the base beneficiary premium for a month in #bjbe shall be equal to the lesser of-- 7,i7 the base beneficiary premium computed under clause 7i7 for a month in #bjbd increased by #f percent2 or 7,,ii7 the base beneficiary premium computed under paragraph 7#b7 for a month in #bjbe that would have applied if this paragraph had not been enacted4 7iii7 #bjbf ,the base beneficiary premium for a month in #bjbf shall be equal to the lesser of-- 7,i7 the base beneficiary premium computed under clause 7ii7 for a month in #bjbe increased by #f percent2 or 7,,ii7 the base beneficiary premium computed under paragraph 7#b7 for a month in #bjbf that would have applied if this paragraph had not been enacted4 7iv7 #bjbg ,the base beneficiary premium for a month in #bjbg shall be equal to the lesser of-- 7,i7 the base beneficiary premium computed under clause 7iii7 for a month in #bjbf increased by #f percent2 or 7,,ii7 the base beneficiary premium computed under paragraph 7#b7 for a month in #bjbg that would have applied if this paragraph had not been enacted4 7v7 #bjbh ,the base beneficiary premium for a month in #bjbh shall be equal to the lesser of-- 7,i7 the base beneficiary premium computed under clause 7iv7 for a month in #bjbg increased by #f percent2 or 7,,ii7 the base beneficiary premium computed under paragraph 7#b7 for a month in #bjbh that would have applied if this paragraph had not been enacted4 7vi7 #bjbi ,the base beneficiary premium for a month in #bjbi shall be equal to the lesser of-- 7,i7 the base beneficiary premium computed under clause 7v7 for a month in #bjbh increased by #f percent2 or 7,,ii7 the base beneficiary premium computed under paragraph 7#b7 for a month in #bjbi that would have applied if this paragraph had not been enacted4 7,b7 ,clarification regarding #bjcj and subsequent years ,the base beneficiary premium for a month in #bjcj or a subsequent year shall be computed under paragraph 7#b7 without regard to this paragraph4 2 and 7,b7 in subsection 7b77#c77;,a77ii71 by striking subsection 7a77#b7 and inserting paragraph 7#b7 or 7#h7 of subsection 7a7 7as applicable74 7#b7 ,adjustment to beneficiary premium percentage for #bjcj and subsequent years ,section #ahfj;,d-#ac7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aac7;a771 as amended by paragraph 7#a71 is amended-- 7,a7 in paragraph 7#c77;,a71 by inserting 7or1 for #bjcj and each subsequent year1 the percent specified under paragraph 7#i77 after #be4e percent2 and 7,b7 by adding at the end the following new paragraph3 7#i7 ,percent specified 7,a7 ,in general ,subject to subparagraph 7,b71 for purposes of paragraph 7#c77;,a71 the percent specified under this paragraph for #bjcj and each subsequent year is the percent that the ,secretary determines is necessary to ensure that the base beneficiary premium computed under paragraph 7#b7 for a month in #bjcj is equal to the lesser of-- 7i7 the base beneficiary premium computed under paragraph 7#h77;,a77vi7 for a month in #bjbi increased by #f percent2 or 7ii7 the base beneficiary premium computed under paragraph 7#b7 for a month in #bjcj that would have applied if this paragraph had not been enacted4 7,b7 ,floor ,the percent specified under subparagraph 7,a7 may not be less than #bj percent4 4 7#c7 ,conforming amendments 7,a7 ,section #ahed7;b77#b77;,b7 of the ,social ,security ,act #db ,u4,s4,c4 #aciew-#bd7;b77#b77;,b77 is amended by striking section #ahfj;,d-#ac7;a77#b7 and inserting paragraph 7#b7 or 7#h7 7as applicable7 of section #ahfj;,d-#ac7;a74 7,b7 ,section #ahfj;,d-#aa7;g77#f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aaa7;g77#f77 is amended by inserting 7or1 for #bjcj and each subsequent year1 the percent specified under section #ahfj;,d-#ac7;a77#i77 after #be4e percent4 7,c7 ,section #ahfj;,d-#ac7;a77#g77;,b77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aac7;a77#g77;,b77i77 is amended-- 7i7 in subclause 7,i71 by inserting 7or1 for #bjcj and each subsequent year1 the percent specified under paragraph 7#i77 after #be4e percent2 and 7ii7 in subclause 7,,ii71 by inserting 7or1 for #bjcj and each subsequent year1 the percent specified under paragraph 7#i77 after #be4e percent4 7,d7 ,section #ahfj;,d-#ae7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aae7;a77 is amended-- 7i7 in the matter preceding paragraph 7#a71 by inserting 7or1 for each of #bjbd through #bjbi1 the percent applicable as a result of the application of section #ahfj;,d-#ac7;a77#h71 or1 for #bjcj and each subsequent year1 #ajj percent minus the percent specified under section #ahfj;,d-#ac7;a77#i77 after #gd4e percent2 and 7ii7 in paragraph 7#a77;,b71 by striking paragraph 7#b7 of section #ahfj;,d-#ac7;a7 and inserting paragraph 7#b7 or 7#h7 of section #ahfj;,d-#ac7;a7 7as applicable74 7e7 ,conforming amendments 7#a7 ,section #ahfj;,d-#b of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7 is amended-- 7,a7 in subsection 7a77#b77;,a77i77,i71 by striking 1 or an increase in the initial and inserting or1 for a year preceding #bjbe1 an increase in the initial2 7,b7 in subsection 7c77#a77;,c7-- 7i7 in the subparagraph heading1 by striking at initial coverage limit2 and 7ii7 by inserting for a year preceding #bjbe or the annual out-of-pocket threshold specified in subsection 7b77#d77;,b7 for the year for #bjbe and each subsequent year after subsection 7b77#c7 for the year each place it appears2 and 7,c7 in subsection 7d77#a77;,a71 by striking or an initial and inserting or1 for a year preceding #bjbe1 an initial4 7#b7 ,section #ahfj;,d-#d7;a77#d77;,b77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajd7;a77#d77;,b77i77 is amended by striking the initial and inserting for a year preceding #bjbe1 the initial4 7#c7 ,section #ahfj;,d-#ad7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7;a77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking ,the continuation and inserting ,for a year preceding #bjbe1 the continuation2 7ii7 in subparagraph 7,d77iii71 by striking #ahfj;,d-#b7;b77#d77;,a77i77,i7 and inserting #ahfj;,d-#b7;b77#d77;,a77i77,i77aa72 and 7iii7 in subparagraph 7,e71 by striking ,the elimination and inserting ,for a year preceding #bjbd1 the elimination2 and 7,b7 in paragraph 7#b77;,e71 by striking #ahfj;,d-#b7;b77#d77;,a77i77,i7 and inserting #ahfj;,d-#b7;b77#d77;,a77i77,i77aa74 7#d7 ,section #ahfj;,d-#ba7;d77#g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aca7;d77#g77 is amended by striking section #ahfj;,d-#b7;b77#d77;,b77i7 and inserting section #ahfj;,d-#b7;b77#d77;,c77i74 7#e7 ,section #ahfj;,d-#bb7;a77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#acb7;a77#b77;,a77 is amended-- 7,a7 by striking the value of any discount and inserting the following3 the value of-- 7i7 for years prior to #bjbe1 any discount 2 7,b7 in clause 7i71 as inserted by subparagraph 7,a7 of this paragraph1 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new clause3 7ii7 for #bjbe and each subsequent year1 any discount provided pursuant to section #ahfj;,d-#ad;,c4 4 7#f7 ,section #ahfj;,d-#da7;a77#f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aea7;a77#f77 is amended-- 7,a7 by inserting for a year before #bjbe after #ahfj;,d-#b7;b77#c72 and 7,b7 by inserting for such year before the period4 7#g7 ,section #ahfj;,d-#dc of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aec7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking paragraph 7#a7 and inserting the following3 7#a7 participate in-- 7,a7 for #bjaa through #bjbd1 the ,medicare coverage gap discount program under section #ahfj;,d-#ad;,a2 and 7,b7 for #bjbe and each subsequent year1 the manufacturer discount program under section #ahfj;,d-#ad;,c2 2 7ii7 by striking paragraph 7#b7 and inserting the following3 7#b7 have entered into and have in effect-- 7,a7 for #bjaa through #bjbd1 an agreement described in subsection 7b7 of section #ahfj;,d-#ad;,a with the ,secretary2 and 7,b7 for #bjbe and each subsequent year1 an agreement described in subsection 7b7 of section #ahfj;,d-#ad;,c with the ,secretary2 and 2 and 7iii7 in paragraph 7#c71 by striking such section and inserting section #ahfj;,d-#ad;,a2 and 7,b7 by striking subsection 7b7 and inserting the following3 7b7 ,effective date ,paragraphs 7#a77;,a71 7#b77;,a71 and 7#c7 of subsection 7a7 shall apply to covered part ,d drugs dispensed under this part on or after ,january #a1 #bjaa1 and before ,january #a1 #bjbe1 and paragraphs 7#a77;,b7 and 7#b77;,b7 of such subsection shall apply to covered part ,d drugs dispensed under this part on or after ,january #a1 #bjbe4 4 7#h7 ,section #aibg of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7 is amended-- 7,a7 in subsection 7c77#a77;,c77i77,,vi71 by inserting before the period at the end the following3 or under the manufacturer discount program under section #ahfj;,d-#ad;,c2 and 7,b7 in subsection 7k77#a77;,b77i77,v71 by inserting before the period at the end the following3 or under section #ahfj;,d-#ad;,c4 7f7 ,implementation for #bjbd through #bjbf ,the ,secretary shall implement this section1 including the amendments made by this section1 for #bjbd1 #bjbe1 and #bjbf by program instruction or other forms of program guidance4 7g7 ,funding ,in addition to amounts otherwise available1 there are appropriated to the ,centers for ,medicare ,medicaid ,services1 out of any money in the ,treasury not otherwise appropriated1 #cda1jjj1jjj for fiscal year #bjbb1 including #bj1jjj1jjj and #fe1jjj1jjj to carry out the provisions of1 including the amendments made by1 this section in fiscal years #bjbb and #bjbc1 respectively1 and #cb1jjj1jjj to carry out the provisions of1 including the amendments made by1 this section in each of fiscal years #bjbd through #bjca1 to remain available until expended4 #aabjb4 ,maximum monthly cap on cost-sharing payments under prescription drug plans and ,,ma-,,pd plans 7a7 ,in general ,section #ahfj;,d-#b7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;b77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking and 7,d7 and inserting 1 7,d71 and 7,e72 and 7,b7 by adding at the end the following new subparagraph3 7,e7 ,maximum monthly cap on cost-sharing payments 7i7 ,in general ,for plan years beginning on or after ,january #a1 #bjbe1 each ,,pdp sponsor offering a prescription drug plan and each ,,ma organization offering an ,,ma-,,pd plan shall provide to any enrollee of such plan1 including an enrollee who is a subsidy eligible individual 7as defined in paragraph 7#c7 of section #ahfj;,d-#ad7;a771 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 subparagraph4 7ii7 ,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 7i71 the ,,pdp sponsor or ,,ma organization shall determine a maximum monthly cap 7as defined in clause 7iv77 for such enrollee4 7iii7 ,beneficiary monthly payments ,with respect to an enrollee who has made an election pursuant to clause 7i71 for each month described in clause 7ii71 the ,,pdp sponsor or ,,ma organization shall bill such enrollee an amount 7not to exceed the maximum monthly cap7 for the out-of-pocket costs of such enrollee in such month4 7iv7 ,maximum monthly cap defined ,in this subparagraph1 the term maximum monthly cap means1 with respect to an enrollee-- 7,i7 for the first month for which the enrollee has made an election pursuant to clause 7i71 an amount determined by calculating-- 7aa7 the annual out-of-pocket threshold specified in paragraph 7#d77;,b7 minus the incurred costs of the enrollee as described in paragraph 7#d77;,c72 divided by 7bb7 the number of months remaining in the plan year2 and 7,,ii7 for a subsequent month1 an amount determined by calculating-- 7aa7 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 enrollee2 divided by 7bb7 the number of months remaining in the plan year4 7v7 ,additional requirements ,the following requirements shall apply with respect to the option to make an election pursuant to clause 7i7 under this subparagraph3 7,i7 ,secretarial responsibilities ,the ,secretary shall provide information to part ,d eligible individuals on the option to make such election through educational materials1 including through the notices provided under section #ahjd7;a74 7,,ii7 ,timing of election ,an enrollee in a prescription drug plan or an ,,ma-,,pd plan may make such an election-- 7aa7 prior to the beginning of the plan year2 or 7bb7 in any month during the plan year4 7,,iii7 ,pdp sponsor and ma organization responsibilities ,each ,,pdp sponsor offering a prescription drug plan or ,,ma organization offering an ,,ma-,,pd plan-- 7aa7 may not limit the option for an enrollee to make such an election to certain covered part ,d drugs2 7bb7 shall1 prior to the plan year1 notify prospective enrollees of the option to make such an election in promotional materials2 7cc7 shall include information on such option in enrollee educational materials2 7dd7 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 election2 7ee7 shall provide that a pharmacy1 after receiving a notification described in item 7dd7 with respect to an enrollee1 informs the enrollee of such notification2 7ff7 shall ensure that such an election by an enrollee has no effect on the amount paid to pharmacies 7or the timing of such payments7 with respect to covered part ,d drugs dispensed to the enrollee2 and 7gg7 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 year4 7,,iv7 ,failure to pay amount billed ,if an enrollee fails to pay the amount billed for a month as required under this subparagraph-- 7aa7 the election of the enrollee pursuant to clause 7i7 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 7#d77;,b72 and 7bb7 the ,,pdp sponsor or ,,ma organization may preclude the enrollee from making an election pursuant to clause 7i7 in a subsequent plan year4 7,v7 ,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 subparagraph4 7,,vi7 ,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 bids4 2 and 7#b7 in paragraph 7#d7-- 7,a7 in subparagraph 7,c71 by striking subparagraph 7,e7 and inserting subparagraph 7,e7 or subparagraph 7,f72 and 7,b7 by adding at the end the following new subparagraph3 7,f7 ,inclusion of costs paid under maximum monthly cap option ,in applying subparagraph 7,a71 with respect to an enrollee who has made an election pursuant to clause 7i7 of paragraph 7#b77;,e71 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 paragraph4 4 7b7 ,application to alternative prescription drug coverage ,section #ahfj;,d-#b7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;c77 is amended by adding at the end the following new paragraph3 7#d7 ,same maximum monthly cap on cost-sharing ,the maximum monthly cap on cost-sharing payments shall apply to coverage with respect to an enrollee who has made an election pursuant to clause 7i7 of subsection 7b77#b77;,e7 under the option provided under such subsection4 4 7c7 ,implementation for #bjbe ,the ,secretary shall implement this section1 including the amendments made by this section1 for #bjbe by program instruction or other forms of program guidance4 7d7 ,funding ,in addition to amounts otherwise available1 there are appropriated to the ,centers for ,medicare ,medicaid ,services1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj for fiscal year #bjbc1 to remain available until expended1 to carry out the provisions of1 including the amendments made by1 this section4 #d ,continued ,delay of ,implementation of ,prescription ,drug ,rebate ,rule #aacja4 ,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 not1 prior to ,january #a1 #bjcb1 implement1 administer1 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 #cj1 #bjbj1 and titled ,fraud and ,abuse2 ,removal of ,safe ,harbor ,protection for ,rebates ,involving ,prescription ,pharmaceuticals and ,creation of ,new ,safe ,harbor ,protection for ,certain ,point-of-,sale ,reductions in ,price on ,prescription ,pharmaceuticals and ,certain ,pharmacy ,benefit ,manager ,service ,fees 7#he ,fed4 ,reg4 #gffff74 #e ,miscellaneous #aadja4 ,coverage of adult vaccines recommended by the ,advisory ,committee on ,immunization ,practices under ,medicare part ,d 7a7 ,ensuring treatment of cost-sharing and deductible is consistent with treatment of vaccines under medicare part b ,section #ahfj;,d-#b of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb71 as amended by sections #aabja and #aabjb1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a71 by striking ,the coverage and inserting ,subject to paragraph 7#h71 the coverage2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting and paragraph 7#h7 after and 7,e72 7ii7 in subparagraph 7,c77i71 in the matter preceding subclause 7,i71 by striking paragraph 7#d7 and inserting paragraphs 7#d7 and 7#h72 and 7iii7 in subparagraph 7,d77i71 in the matter preceding subclause 7,i71 by striking paragraph 7#d7 and inserting paragraphs 7#d7 and 7#h72 7,c7 in paragraph 7#c77;,a71 in the matter preceding clause 7i71 by striking and 7#d7 and inserting 7#d71 and 7#h72 7,d7 in paragraph 7#d77;,a77i71 by striking ,the coverage and inserting ,subject to paragraph 7#h71 the coverage2 and 7,e7 by adding at the end the following new paragraph3 7#h7 ,treatment of cost-sharing for adult vaccines recommended by the advisory committee on immunization practices consistent with treatment of vaccines under part b 7,a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 with respect to an adult vaccine recommended by the ,advisory ,committee on ,immunization ,practices 7as defined in subparagraph 7,b77-- 7i7 the deductible under paragraph 7#a7 shall not apply2 and 7ii7 there shall be no coinsurance or other cost-sharing under this part with respect to such vaccine4 7,b7 ,adult vaccines recommended by the advisory committee on immunization practices ,for purposes of this paragraph1 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 #cea 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 ,prevention4 2 and 7#b7 in subsection 7c71 by adding at the end the following new paragraph3 7#e7 ,treatment of cost-sharing for adult vaccines recommended by the advisory committee on immunization practices ,the coverage is in accordance with subsection 7b77#h74 4 7b7 ,conforming amendments to cost-sharing for low-income individuals ,section #ahfj;,d-#ad7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7;a771 as amended by section #aabja1 is amended-- 7#a7 in paragraph 7#a77;,d71 in each of clauses 7ii7 and 7iii71 by striking ,in the case and inserting ,subject to paragraph 7#f71 in the case2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking ,a reduction and inserting ,subject to section #ahfj;,d-#b7;b77#h71 a reduction2 7,b7 in subparagraph 7,d71 by striking ,the substitution and inserting ,subject to paragraph 7#f71 the substitution2 and 7,c7 in subparagraph 7,e71 by striking subsection 7c7 and inserting paragraph 7#f7 of this subsection and subsection 7c72 and 7#c7 by adding at the end the following new paragraph3 7#f7 ,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 #a1 #bjbc1 with respect to an adult vaccine recommended by the ,advisory ,committee on ,immunization ,practices 7as defined in section #ahfj;,d-#b7;b77#h77;,b77-- 7,a7 the deductible under section #ahfj;,d-#b7;b77#a7 shall not apply2 and 7,b7 there shall be no cost-sharing under this section with respect to such vaccine4 4 7c7 ,temporary retrospective subsidy 7#a7 ,in general ,section #ahfj;,d-#ae of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aae7 is amended by adding at the end the following new subsection3 7h7 ,temporary retrospective subsidy for reduction in cost-sharing and deductible for adult vaccines recommended by the advisory committee on immunization practices during #bjbc 7#a7 ,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 plan1 for plan year #bjbc1 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 #ahfj;,d-#b7;b77#h7 for individuals under the plan during the year4 7#b7 ,timing ,the ,secretary shall provide a subsidy under paragraph 7#a71 as applicable1 not later than #ah months following the end of the applicable plan year4 4 7#b7 ,treatment as incurred costs ,section #ahfj;,d-#b7;b77#d77;,c77iii77,i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;b77#d77;,c77iii77,i771 as amended by section #aabja7;a77#c77;,c71 is amended-- 7,a7 in item 7cc71 by striking or at the end2 and 7,b7 by adding at the end the following new item3 7dd7 under section #ahfj;,d-#ae7;h72 or 4 7d7 ,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 ,practices4 7e7 ,implementation for #bjbc through #bjbe ,the ,secretary shall implement this section1 including the amendments made by this section1 for #bjbc1 #bjbd1 and #bjbe1 by program instruction or other forms of program guidance4 #aadjb4 ,payment for biosimilar biological products during initial period ,section #ahdg;,a7c77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7c77#d77 is amended-- 7#a7 in each of subparagraphs 7,a7 and 7,b71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and moving such subclauses #b ems to the right2 7#b7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii7 and moving such clauses #b ems to the right2 7#c7 by striking unavailable4--,in the case and inserting 8unavailable4-- 7,a7 ,in general ,subject to subparagraph 7,b71 in the case 2 and 7#d7 by adding at the end the following new subparagraph3 7,b7 ,limitation on payment amount for biosimilar biological products during initial period ,in the case of a biosimilar biological product furnished on or after ,july #a1 #bjbd1 during the initial period described in subparagraph 7,a7 with respect to the biosimilar biological product1 the amount payable under this section for the biosimilar biological product is the lesser of the following3 7i7 ,the amount determined under clause 7ii7 of such subparagraph for the biosimilar biological product4 7ii7 ,the amount determined under subsection 7b77#a77;,b7 for the reference biological product4 4 #aadjc4 ,temporary increase in ,medicare part ,b payment for certain biosimilar biological products ,section #ahdg;,a7b77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7b77#h77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and moving the margin of each such redesignated clause #b ems to the right2 7#b7 by striking product4--,the amount and inserting the following3 8product4-- 7,a7 ,in general ,subject to subparagraph 7,b71 the amount 2 and 7#c7 by adding at the end the following new subparagraph3 7,b7 ,temporary payment increase 7i7 ,in general ,in the case of a qualifying biosimilar biological product that is furnished during the applicable #e-year period for such product1 the amount specified in this paragraph for such product with respect to such period is the sum determined under subparagraph 7,a71 except that clause 7ii7 of such subparagraph shall be applied by substituting #h percent for #f percent4 7ii7 ,applicable #e-year period ,for purposes of clause 7i71 the applicable #e-year period for a qualifying biosimilar biological product is-- 7,i7 in the case of such a product for which payment was made under this paragraph as of ,september #cj1 #bjbb1 the #e-year period beginning on ,october #a1 #bjbb2 and 7,,ii7 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 #a1 #bjbb1 and ending ,december #ca1 #bjbg1 the #e-year period beginning on the first day of such calendar quarter during which such payment is first made4 7iii7 ,qualifying biosimilar biological product defined ,for purposes of this subparagraph1 the term qualifying biosimilar biological product means a biosimilar biological product described in paragraph 7#a77;,c7 with respect to which-- 7,i7 in the case of a product described in clause 7ii77,i71 the average sales price under paragraph 7#h77;,a77i7 for a calendar quarter during the #e-year period described in such clause is not more than the average sales price under paragraph 7#d77;,a7 for such quarter for the reference biological product2 and 7,,ii7 in the case of a product described in clause 7ii77,,ii71 the average sales price under paragraph 7#h77;,a77i7 for a calendar quarter during the #e-year period described in such clause is not more than the average sales price under paragraph 7#d77;,a7 for such quarter for the reference biological product4 4 #aadjd4 ,expanding eligibility for low-income subsidies under part ,d of the ,medicare program ,section #ahfj;,d-#ad7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7;a771 as amended by sections #aabja and #aadja1 is amended-- 7#a7 in the subsection heading1 by striking individuals and all that follows through line and inserting certain individuals2 7#b7 in paragraph 7#a7-- 7,a7 by striking the paragraph heading and inserting ,individuals with certain low incomes2 and 7,b7 in the matter preceding subparagraph 7,a7-- 7i7 by inserting 7or1 with respect to a plan year beginning on or after ,january #a1 #bjbd1 #aej percent7 after #ace percent2 and 7ii7 by inserting 7or1 with respect to a plan year beginning on or after ,january #a1 #bjbd1 paragraph 7#c77;,e77 after the resources requirement described in paragraph 7#c77;,d72 and 7#c7 in paragraph 7#b7-- 7,a7 by striking the paragraph heading and inserting ,other low-income individuals2 and 7,b7 in the matter preceding subparagraph 7,a71 by striking ,in the case of a subsidy and inserting ,with respect to a plan year beginning before ,january #a1 #bjbd1 in the case of a subsidy4 #aadje4 ,improving access to adult vaccines under ,medicaid and ,,chip 7a7 ,medicaid 7#a7 ,requiring coverage of adult vaccinations 7,a7 ,in general ,section #aijb7;a77#aj77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,a77 is amended in the matter preceding clause 7i7 by inserting 7#ac77;,b71 after 7#e714 7,b7 ,medically needy ,section #aijb7;a77#aj77;,c77iv7 of such ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,c77iv77 is amended by inserting 1 7#ac77;,b71 after 7#e74 7#b7 ,no cost sharing for vaccinations 7,a7 ,general cost-sharing limitations ,section #aiaf of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo7 is amended-- 7i7 in subsection 7a77#b7-- 7,i7 in subparagraph 7,g71 by inserting a comma after ,state plan2 7,,ii7 in subparagraph 7,h71 by striking 2 or and inserting a comma2 7,,iii7 in subparagraph 7,i71 by striking 2 and and inserting 1 or2 and 7,,iv7 by adding at the end the following new subparagraph3 7,j7 vaccines described in section #aije7;a77#ac77;,b7 and the administration of such vaccines2 and 2 and 7ii7 in subsection 7b77#b7-- 7,i7 in subparagraph 7,g71 by inserting a comma after ,state plan2 7,,ii7 in subparagraph 7,h71 by striking 2 or and inserting a comma2 7,,iii7 in subparagraph 7,i71 by striking 2 and and inserting 1 or2 and 7,,iv7 by adding at the end the following new subparagraph3 7,j7 vaccines described in section #aije7;a77#ac77;,b7 and the administration of such vaccines2 and 4 7,b7 ,application to alternative cost sharing ,section #aiaf;,a7b77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo-#a7;b77#c77;,b77 is amended by adding at the end the following new clause3 7xiv7 ,vaccines described in section #aije7;a77#ac77;,b7 and the administration of such vaccines4 4 7#c7 ,increased ,,fmap for adult vaccines and their administration ,section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b77 is amended-- 7,a7 by striking and 7#e7 and inserting 7#e72 7,b7 by striking services and vaccines described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#ac71 and prohibits cost-sharing for such services and vaccines and inserting services described in subsection 7a77#ac77;,a71 and prohibits cost-sharing for such services2 7,c7 by striking medical assistance for such services and vaccines and inserting medical assistance for such services2 and 7,d7 by inserting 1 and 7#f7 during the first #h fiscal quarters beginning on or after the effective date of this clause1 in the case of a ,state which1 as of the date of enactment of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 provides medical assistance for vaccines described in subsection 7a77#ac77;,b7 and their administration and prohibits cost-sharing for such vaccines1 the ,federal medical assistance percentage1 as determined under this subsection and subsection 7y71 shall be increased by #a percentage point with respect to medical assistance for such vaccines and their administration before the first period4 7b7 ,,chip 7#a7 ,requiring coverage of adult vaccinations ,section #bajc7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77 is amended by adding at the end the following paragraph3 7#ab7 ,required coverage of approved1 recommended adult vaccines and their administration ,regardless of the type of coverage elected by a ,state under subsection 7a71 if the ,state child health plan or a waiver of such plan provides child health assistance or pregnancy-related assistance 7as defined in section #baab7 to an individual who is #ai years of age or older1 such assistance shall include coverage of vaccines described in section #aije7;a77#ac77;,b7 and their administration4 4 7#b7 ,no cost-sharing for vaccinations ,section #bajc7;e77#b7 of such ,act 7#db ,u4,s4,c4 #acig;cc7e77#b77 is amended by inserting vaccines described in subsection 7c77#ab7 7and the administration of such vaccines71 after in vitro diagnostic products described in subsection 7c77#aj7 7and administration of such products714 7c7 ,effective date ,the amendments made by this section take effect on the #ast day of the #ast fiscal quarter that begins on or after the date that is #a 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 7#db ,u4,s4,c4 #acif through #acifw-#f7 or under a ,state child health plan or waiver of such plan under title ,,xxi of such ,act 7#db ,u4,s4,c4 #acig;aa through #acigmm7 on or after such effective date4 #aadjf4 ,appropriate cost-sharing for covered insulin products under ,medicare part ,d 7a7 ,in general ,section #ahfj;,d-#b of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb71 as amended by sections #aabja1 #aabjb1 and #aadja1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a71 by striking paragraph 7#h7 and inserting paragraphs 7#h7 and 7#i72 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking paragraph 7#h7 and inserting paragraphs 7#h7 and 7#i72 7ii7 in subparagraph 7,c77i71 in the matter preceding subclause 7,i71 by striking and 7#h7 and inserting 1 7#h71 and 7#i72 and 7iii7 in subparagraph 7,d77i71 in the matter preceding subclause 7,i71 by striking and 7#h7 and inserting 1 7#h71 and 7#i72 7,c7 in paragraph 7#c77;,a71 in the matter preceding clause 7i71 by striking and 7#h7 and inserting 7#h71 and 7#i72 7,d7 in paragraph 7#d77;,a77i71 by striking paragraph 7#h7 and inserting paragraphs 7#h7 and 7#i72 and 7,e7 by adding at the end the following new paragraph3 7#i7 ,treatment of cost-sharing for covered insulin products 7,a7 ,no application of deductible ,for plan year #bjbc and subsequent plan years1 the deductible under paragraph 7#a7 shall not apply with respect to any covered insulin product4 7,b7 ,application of cost-sharing 7i7 ,plan years #bjbc and #bjbd ,for plan years #bjbc and #bjbd1 the coverage provides benefits for any covered insulin product1 regardless of whether an individual has reached the initial coverage limit under paragraph 7#c7 or the out-of-pocket threshold under paragraph 7#d71 with cost-sharing for a month's supply that does not exceed the applicable copayment amount4 7ii7 ,plan year #bjbe and subsequent plan years ,for a plan year beginning on or after ,january #a1 #bjbe1 the coverage provides benefits for any covered insulin product1 prior to an individual reaching the out-of-pocket threshold under paragraph 7#d71 with cost-sharing for a month's supply that does not exceed the applicable copayment amount4 7,c7 ,covered insulin product ,in this paragraph1 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 #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act or licensed under section #cea of the ,public ,health ,service ,act and marketed pursuant to such approval or licensure1 including any covered insulin product that has been deemed to be licensed under section #cea of the ,public ,health ,service ,act pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji and marketed pursuant to such section4 7,d7 ,applicable copayment amount ,in this paragraph1 the term applicable copayment amount means1 with respect to a covered insulin product under a prescription drug plan or an ,,ma-,,pd plan dispensed-- 7i7 during plan years #bjbc1 #bjbd1 and #bjbe1 #ce2 and 7ii7 during plan year #bjbf and each subsequent plan year1 the lesser of-- 7,i7 #ce2 7,,ii7 an amount equal to #be percent of the maximum fair price established for the covered insulin product in accordance with part ,e of title ,,xi2 or 7,,iii7 an amount equal to #be percent of the negotiated price of the covered insulin product under the prescription drug plan or ,,ma-,,pd plan4 7,e7 ,special rule for first #c months of #bjbc ,with respect to a month's supply of a covered insulin product dispensed during the period beginning on ,january #a1 #bjbc1 and ending on ,march #ca1 #bjbc1 a ,,pdp sponsor offering a prescription drug plan or an ,,ma organization offering an ,,ma-,,pd plan shall reimburse an enrollee within #cj 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 7,b77i7 at the point-of-sale for such month's supply4 2 and 7#b7 in subsection 7c71 by adding at the end the following new paragraph3 7#f7 ,treatment of cost-sharing for covered insulin products ,the coverage is provided in accordance with subsection 7b77#i74 4 7b7 ,conforming amendments to cost-sharing for low-income individuals ,section #ahfj;,d-#ad7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7;a771 as amended by sections #aabja1 #aadja1 and #aadjd1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,d77iii71 by adding at the end the following new sentence3 ,for plan year #bjbc and subsequent plan years1 the copayment amount applicable under the preceding sentence to a month's supply of a covered insulin product 7as defined in section #ahfj;,d-#b7;b77#i77;,c77 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 enrolled42 and 7,b7 in subparagraph 7,e71 by inserting the following before the period at the end3 or under section #ahfj;,d-#b7;b77#i7 in the case of a covered insulin product 7as defined in subparagraph 7,c7 of such section72 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking section #ahfj;,d-#b7;b77#h7 and inserting paragraphs 7#h7 and 7#i7 of section #ahfj;,d-#b7;b72 7,b7 in subparagraph 7,d71 by adding at the end the following new sentence3 ,for plan year #bjbc1 the amount of the coinsurance applicable under the preceding sentence to a month's supply of a covered insulin product 7as defined in section #ahfj;,d-#b7;b77#i77;,c77 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 enrolled42 and 7,c7 in subparagraph 7,e71 by adding at the end the following new sentence3 ,for plan year #bjbc1 the amount of the copayment or coinsurance applicable under the preceding sentence to a month's supply of a covered insulin product 7as defined in section #ahfj;,d-#b7;b77#i77;,c77 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 enrolled44 7c7 ,temporary retrospective subsidy ,section #ahfj;,d-#ae7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aae7;h771 as added by section #aadja7;c71 is amended-- 7#a7 in the subsection heading1 by inserting and insulin after practices2 and 7#b7 in paragraph 7#a71 by striking section #ahfj;,d-#b7;b77#h7 and inserting paragraph 7#h7 or 7#i7 of section #ahfj;,d-#b7;b74 7d7 ,implementation for #bjbc through #bjbe ,the ,secretary shall implement this section for plan years #bjbc1 #bjbd1 and #bjbe by program instruction or other forms of program guidance4 7e7 ,funding ,in addition to amounts otherwise available1 there is appropriated to the ,centers for ,medicare ,medicaid ,services1 out of any money in the ,treasury not otherwise appropriated1 #a1ejj1jjj for fiscal year #bjbb1 to remain available until expended1 to carry out the provisions of1 including the amendments made by1 this section4 #aadjg4 ,limitation on monthly coinsurance and adjustments to supplier payment under ,medicare ,part ,b for insulin furnished through durable medical equipment 7a7 ,waiver of deductible ,the first sentence of section #ahcc7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7b77 is amended-- 7#a7 by striking and 7#ab7 and inserting 7#ab72 and 7#b7 by inserting before the period the following3 1 and 7#ac7 such deductible shall not apply with respect to insulin furnished on or after ,july #a1 #bjbc1 through an item of durable medical equipment covered under section #ahfa7n744 7b7 ,coinsurance 7#a7 ,in general ,section #ahcc7;a77#a77,s7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77#a77,s77 is amended-- 7,a7 by inserting 7i7 except as provided in clause 7ii71 after 7,s72 and 7,b7 by inserting after or #ahdg;,b71 the following3 and 7ii7 with respect to insulin furnished on or after ,july #a1 #bjbc1 through an item of durable medical equipment covered under section #ahfa7n71 the amounts paid shall be1 subject to the fourth sentence of this subsection1 #hj percent of the payment amount established under section #ahdg;,a 7or section #ahdg;,b1 if applicable7 for such insulin14 7#b7 ,adjustment to supplier payments2 limitation on monthly coinsurance ,section #ahcc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77 is amended1 in the flush matter at the end1 by adding at the end the following new sentence3 ,the ,secretary shall make such adjustments as may be necessary to the amounts paid as specified under paragraph 7#a77,s77ii7 for insulin furnished on or after ,july #a1 #bjbc1 through an item of durable medical equipment covered under section #ahfa7n71 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 #ce44 7c7 ,implementation ,the ,secretary of ,health and ,human ,services shall implement this section for #bjbc by program instruction or other forms of program guidance4 #aadjh4 ,safe harbor for absence of deductible for insulin 7a7 ,in general ,paragraph 7#b7 of section #bbc7;c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,g7 ,safe harbor for absence of deductible for certain insulin products 7i7 ,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 products4 7ii7 ,selected insulin products ,for purposes of this subparagraph-- 7,i7 ,in general ,the term selected insulin products means any dosage form 7such as vial1 pump1 or inhaler dosage forms7 of any different type 7such as rapid-acting1 short-acting1 intermediate-acting1 long-acting1 ultra long-acting1 and premixed7 of insulin4 7,,ii7 ,insulin ,the term insulin means insulin that is licensed under subsection 7a7 or 7k7 of section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7 and continues to be marketed under such section1 including any insulin product that has been deemed to be licensed under section #cea7;a7 of such ,act pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji 7,public ,law #aaa-adh7 and continues to be marketed pursuant to such licensure4 4 7b7 ,effective date ,the amendment made by this section shall apply to plan years beginning after ,december #ca1 #bjbb4 ,c ,affordable ,care ,act ,subsidies #abjja4 ,improve affordability and reduce premium costs of health insurance for consumers 7a7 ,in general ,clause 7iii7 of section #cf;,b7b77#c77;,a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking in #bjba or #bjbb and inserting after ,december #ca1 #bjbj1 and before ,january #a1 #bjbf1 and 7#b7 by striking #bjba and #bjbb in the heading and inserting #bjba through #bjbe4 7b7 ,extension through #bjbe of rule to allow credit to taxpayers whose household income exceeds #djj percent of the poverty line ,section #cf;,b7c77#a77;,e7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking in #bjba or #bjbb and inserting after ,december #ca1 #bjbj1 and before ,january #a1 #bjbf1 and 7#b7 by striking #bjba and #bjbb in the heading and inserting #bjba through #bjbe4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 ,d ,energy ,security #acjja4 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 #a ,clean ,electricity and ,reducing ,carbon ,emissions #acaja4 ,extension and modification of credit for electricity produced from certain renewable resources 7a7 ,in general ,the following provisions of section #de7;d7 are each amended by striking ,january #a1 #bjbb each place it appears and inserting ,january #a1 #bjbe3 7#a7 ,paragraph 7#b77;,a74 7#b7 ,paragraph 7#c77;,a74 7#c7 ,paragraph 7#f74 7#d7 ,paragraph 7#g74 7#e7 ,paragraph 7#i74 7#f7 ,paragraph 7#aa77;,b74 7b7 ,base credit amount ,section #de is amended-- 7#a7 in subsection 7a77#a71 by striking #a4e cents and inserting #j4c cents1 and 7#b7 in subsection 7b77#b71 by striking #a4e cent and inserting #j4c cent4 7c7 ,application of extension to geothermal and solar ,section #de7;d77#d7 is amended by striking and which and all that follows through ,january #a1 #bjbb and inserting and the construction of which begins before ,january #a1 #bjbe4 7d7 ,extension of election to treat qualified facilities as energy property ,section #dh7;a77#e77;,c77ii7 is amended by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbe4 7e7 ,application of extension to wind facilities 7#a7 ,in general ,section #de7;d77#a7 is amended by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbe4 7#b7 ,application of phaseout percentage 7,a7 ,renewable electricity production credit ,section #de7;b77#e7 is amended by inserting which is placed in service before ,january #a1 #bjbb after using wind to produce electricity4 7,b7 ,energy credit ,section #dh7;a77#e77;,e7 is amended by inserting placed in service before ,january #a1 #bjbb1 and before treated as energy property4 7#c7 ,qualified offshore wind facilities under energy credit ,section #dh7;a77#e77;,f77i7 is amended by striking offshore wind facility and all that follows and inserting the following3 offshore wind facility1 subparagraph 7,e7 shall not apply44 7f7 ,wage and apprenticeship requirements ,section #de7;b7 is amended by adding at the end the following new paragraphs3 7#f7 ,increased credit amount for qualified facilities 7,a7 ,in general ,in the case of any qualified facility which satisfies the requirements of subparagraph 7,b71 the amount of the credit determined under subsection 7a7 7determined after the application of paragraphs 7#a7 through 7#e7 and without regard to this paragraph7 shall be equal to such amount multiplied by #e4 7,b7 ,qualified facility requirements ,a qualified facility meets the requirements of this subparagraph if it is one of the following3 7i7 ,a facility with a maximum net output of less than #a megawatt 7as measured in alternating current74 7ii7 ,a facility the construction of which begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#g77;,a7 and 7#h74 7iii7 ,a facility which satisfies the requirements of paragraphs 7#g77;,a7 and 7#h74 7#g7 ,prevailing wage requirements 7,a7 ,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-- 7i7 the construction of such facility1 and 7ii7 with respect to any taxable year1 for any portion of such taxable year which is within the period described in subsection 7a77#b77;,a77ii71 the alteration or repair of such facility1 shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 or repair of a similar character in the locality in which such facility is located as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,for purposes of determining an increased credit amount under paragraph 7#f77;,a7 for a taxable year1 the requirement under clause 7ii7 is applied to such taxable year in which the alteration or repair of the qualified facility occurs40 7,b7 ,correction and penalty related to failure to satisfy wage requirements 7i7 ,in general ,in the case of any taxpayer which fails to satisfy the requirement under subparagraph 7,a7 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 7,a77ii71 such taxpayer shall be deemed to have satisfied such requirement under such subparagraph with respect to such facility for any year if1 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 year1 such taxpayer-- 7,i7 makes payment to such laborer or mechanic in an amount equal to the sum of-- 7aa7 an amount equal to the difference between-- 7,,aa7 the amount of wages paid to such laborer or mechanic during such period1 and 7,,bb7 the amount of wages required to be paid to such laborer or mechanic pursuant to such subparagraph during such period1 plus 7bb7 interest on the amount determined under item 7aa7 at the underpayment rate established under section #ffba 7determined by substituting #f percentage points for #c percentage points in subsection 7a77#b7 of such section7 for the period described in such item1 and 7,,ii7 makes payment to the ,secretary of a penalty in an amount equal to the product of-- 7aa7 #e1jjj1 multiplied by 7bb7 the total number of laborers and mechanics who were paid wages at a rate below the rate described in subparagraph 7,a7 for any period during such year4 7ii7 ,deficiency procedures not to apply ,subchapter ,b of chapter #fc 7relating to deficiency procedures for income1 estate1 gift1 and certain excise taxes7 shall not apply with respect to the assessment or collection of any penalty imposed by this paragraph4 7iii7 ,intentional disregard ,if the ,secretary determines that any failure described in clause 7i7 is due to intentional disregard of the requirements under subparagraph 7,a71 such clause shall be applied-- 7,i7 in subclause 7,i71 by substituting three times the sum for the sum1 and 7,,ii7 in subclause 7,,ii71 by substituting #aj1jjj for #e1jjj in item 7aa7 thereof4 7iv7 ,limitation on period for payment ,pursuant to rules issued by the ,secretary1 in the case of a final determination by the ,secretary with respect to any failure by the taxpayer to satisfy the requirement under subparagraph 7,a71 subparagraph 7,b77i7 shall not apply unless the payments described in subclauses 7,i7 and 7,,ii7 of such subparagraph are made by the taxpayer on or before the date which is #ahj days after the date of such determination4 7#h7 ,apprenticeship requirements ,the requirements described in this paragraph with respect to the construction of any qualified facility are as follows3 7,a7 ,labor hours 7i7 ,percentage of total labor hours ,taxpayers shall ensure that1 with respect to the construction of any qualified facility1 not less than the applicable percentage of the total labor hours of the construction1 alteration1 or repair work 7including such work performed by any contractor or subcontractor7 with respect to such facility shall1 subject to subparagraph 7,b71 be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of clause 7i71 the applicable percentage shall be-- 7,i7 in the case of a qualified facility the construction of which begins before ,january #a1 #bjbc1 #aj percent1 7,,ii7 in the case of a qualified facility the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #ab4e percent1 and 7,,iii7 in the case of a qualified facility the construction of which begins after ,december #ca1 #bjbc1 #ae percent4 7,b7 ,apprentice to journeyworker ratio ,the requirement under subparagraph 7,a77i7 shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the ,department of ,labor or the applicable ,state apprenticeship agency4 7,c7 ,participation ,each taxpayer1 contractor1 or subcontractor who employs #d or more individuals to perform construction1 alteration1 or repair work with respect to the construction of a qualified facility shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,a taxpayer shall not be treated as failing to satisfy the requirements of this paragraph if such taxpayer-- 7,i7 satisfies the requirements described in clause 7ii71 or 7,,ii7 subject to clause 7iii71 in the case of any failure by the taxpayer to satisfy the requirement under subparagraphs 7,a7 and 7,c7 with respect to the construction1 alteration1 or repair work on any qualified facility to which subclause 7,i7 does not apply1 makes payment to the ,secretary of a penalty in an amount equal to the product of-- 7aa7 #ej1 multiplied by 7bb7 the total labor hours for which the requirement described in such subparagraph was not satisfied with respect to the construction1 alteration1 or repair work on such qualified facility4 7ii7 ,good faith effort ,for purposes of clause 7i71 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 program1 as defined in section #caca7;e77#c77;,b71 and-- 7,i7 such request has been denied1 provided that such denial is not the result of a refusal by the taxpayer or any contractors or subcontractors engaged in the performance of construction1 alteration1 or repair work with respect to such qualified facility to comply with the established standards and requirements of the registered apprenticeship program1 or 7,,ii7 the registered apprenticeship program fails to respond to such request within #e business days after the date on which such registered apprenticeship program received such request4 7iii7 ,intentional disregard ,if the ,secretary determines that any failure described in subclause 7i77,,ii7 is due to intentional disregard of the requirements under subparagraphs 7,a7 and 7,c71 subclause 7i77,,ii7 shall be applied by substituting #ejj for #ej in item 7aa7 thereof4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,labor hours ,the term labor hours-- 7,i7 means the total number of hours devoted to the performance of construction1 alteration1 or repair work by any individual employed by the taxpayer or by any contractor or subcontractor1 and 7,,ii7 excludes any hours worked by-- 7aa7 foremen1 7bb7 superintendents1 7cc7 owners1 or 7dd7 persons employed in a bona fide executive1 administrative1 or professional capacity 7within the meaning of those terms in part #eda of title #bi1 ,code of ,federal ,regulations74 7ii7 ,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 program1 as defined in section #caca7;e77#c77;,b74 7#i7 ,regulations and guidance ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection4 4 7g7 ,domestic content1 phaseout1 and energy communities ,section #de7;b71 as amended by subsection 7f71 is amended-- 7#a7 by redesignating paragraph 7#i7 as paragraph 7#ab71 and 7#b7 by inserting after paragraph 7#h7 the following3 7#i7 ,domestic content bonus credit amount 7,a7 ,in general ,in the case of any qualified facility which satisfies the requirement under subparagraph 7,b77i71 the amount of the credit determined under subsection 7a7 7determined after the application of paragraphs 7#a7 through 7#h77 shall be increased by an amount equal to #aj percent of the amount so determined4 7,b7 ,requirement 7i7 ,in general ,the requirement described in this clause is satisfied with respect to any qualified facility if the taxpayer certifies to the ,secretary 7at such time1 and in such form and manner1 as the ,secretary may prescribe7 that any steel1 iron1 or manufactured product which is a component of such facility 7upon completion of construction7 was produced in the ,united ,states 7as determined under section #ffa of title #di1 ,code of ,federal ,regulations74 7ii7 ,steel and iron ,in the case of steel or iron1 clause 7i7 shall be applied in a manner consistent with section #ffa4e of title #di1 ,code of ,federal ,regulations4 7iii7 ,manufactured product ,for purposes of clause 7i71 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 7as determined under subparagraph 7,c77 of the total costs of all such manufactured products of such facility are attributable to manufactured products 7including components7 which are mined1 produced1 or manufactured in the ,united ,states4 7,c7 ,adjusted percentage 7i7 ,in general ,subject to subclause 7ii71 for purposes of subparagraph 7,b77iii71 the adjusted percentage shall be #dj percent4 7ii7 ,offshore wind facility ,for purposes of subparagraph 7,b77iii71 in the case of a qualified facility which is an offshore wind facility1 the adjusted percentage shall be #bj percent4 7#aj7 ,phaseout for elective payment 7,a7 ,in general ,in the case of a taxpayer making an election under section #fdag with respect to a credit under this section1 the amount of such credit shall be replaced with-- 7i7 the value of such credit 7determined without regard to this paragraph71 multiplied by 7ii7 the applicable percentage4 7,b7 #ajj percent applicable percentage for certain qualified facilities ,in the case of any qualified facility-- 7i7 which satisfies the requirements under paragraph 7#i77;,b71 or 7ii7 with a maximum net output of less than #a megawatt 7as measured in alternating current71 the applicable percentage shall be #ajj percent4 7,c7 ,phased domestic content requirement ,subject to subparagraph 7,d71 in the case of any qualified facility which is not described in subparagraph 7,b71 the applicable percentage shall be-- 7i7 if construction of such facility began before ,january #a1 #bjbd1 #ajj percent1 and 7ii7 if construction of such facility began in calendar year #bjbd1 #ij percent4 7,d7 ,exception 7i7 ,in general ,for purposes of this paragraph1 the ,secretary shall provide exceptions to the requirements under this paragraph if-- 7,i7 the inclusion of steel1 iron1 or manufactured products which are produced in the ,united ,states increases the overall costs of construction of qualified facilities by more than #be percent1 or 7,,ii7 relevant steel1 iron1 or manufactured products are not produced in the ,united ,states in sufficient and reasonably available quantities or of a satisfactory quality4 7ii7 ,applicable percentage ,in any case in which the ,secretary provides an exception pursuant to clause 7i71 the applicable percentage shall be #ajj percent4 7#aa7 ,special rule for qualified facility located in energy community 7,a7 ,in general ,in the case of a qualified facility which is located in an energy community1 the credit determined under subsection 7a7 7determined after the application of paragraphs 7#a7 through 7#aj71 without the application of paragraph 7#i77 shall be increased by an amount equal to #aj percent of the amount so determined4 7,b7 ,energy community ,for purposes of this paragraph1 the term energy community means-- 7i7 a brownfield site 7as defined in subparagraphs 7,a71 7,b71 and 7,d77ii77,,iii7 of section #aja7ci7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ci7771 7ii7 a metropolitan statistical area or non-metropolitan statistical area which-- 7,i7 has 7or1 at any time during the period beginning after ,december #ca1 #bjji1 had7 #j4ag percent or greater direct employment or #be percent or greater local tax revenues related to the extraction1 processing1 transport1 or storage of coal1 oil1 or natural gas 7as determined by the ,secretary71 and 7,,ii7 has an unemployment rate at or above the national average unemployment rate for the previous year 7as determined by the ,secretary71 or 7iii7 a census tract-- 7,i7 in which-- 7aa7 after ,december #ca1 #aiii1 a coal mine has closed1 or 7bb7 after ,december #ca1 #bjji1 a coal-fired electric generating unit has been retired1 or 7,,ii7 which is directly adjoining to any census tract described in subclause 7,i74 4 7h7 ,credit reduced for tax-exempt bonds ,section #de7;b77#c7 is amended to read as follows3 7#c7 ,credit reduced for tax-exempt bonds ,the amount of the credit determined under subsection 7a7 with respect to any facility for any taxable year 7determined after the application of paragraphs 7#a7 and 7#b77 shall be reduced by the amount which is the product of the amount so determined for such year and the lesser of #ae percent or a fraction-- 7,a7 the numerator of which is the sum1 for the taxable year and all prior taxable years1 of proceeds of an issue of any obligations the interest on which is exempt from tax under section #ajc and which is used to provide financing for the qualified facility1 and 7,b7 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 years4 ,the amounts under the preceding sentence for any taxable year shall be determined as of the close of the taxable year4 4 7i7 ,rounding adjustment 7#a7 ,in general ,section #de7;b77#b7 is amended by striking the second sentence and inserting the following3 ,if the #j4c cent amount as increased under the preceding sentence is not a multiple of #j4je cent1 such amount shall be rounded to the nearest multiple of #j4je cent4 ,in any other case1 if an amount as increased under this paragraph is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent44 7#b7 ,conforming amendment ,section #de7;b77#d77;,a7 is amended by striking last sentence and inserting last two sentences4 7j7 ,hydropower 7#a7 ,elimination of credit rate reduction for qualified hydroelectric production and marine and hydrokinetic renewable energy ,section #de7;b77#d77;,a71 as amended by the preceding provisions of this section1 is amended by striking 7#g71 7#i71 or 7#aa7 and inserting or 7#g74 7#b7 ,marine and hydrokinetic renewable energy ,section #de is amended-- 7,a7 in subsection 7c77#aj77;,a7-- 7i7 in clause 7iii71 by striking or1 7ii7 in clause 7iv71 by striking the period at the end and inserting 1 or and 7iii7 by adding at the end the following3 7v7 pressurized water used in a pipeline 7or similar man-made water conveyance7 which is operated-- 7,i7 for the distribution of water for agricultural1 municipal1 or industrial consumption1 and 7,,ii7 not primarily for the generation of electricity4 1 and 7,b7 in subsection 7d77#aa77;,a71 by striking #aej and inserting #be4 7k7 ,effective dates 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the amendments made by this section shall apply to facilities placed in service after ,december #ca1 #bjba4 7#b7 ,credit reduced for tax-exempt bonds ,the amendment made by subsection 7h7 shall apply to facilities the construction of which begins after the date of enactment of this ,act4 7#c7 ,domestic content1 phaseout1 energy communities1 and hydropower ,the amendments made by subsections 7g7 and 7j7 shall apply to facilities placed in service after ,december #ca1 #bjbb4 #acajb4 ,extension and modification of energy credit 7a7 ,extension of credit ,the following provisions of section #dh are each amended by striking ,january #a1 #bjbd each place it appears and inserting ,january #a1 #bjbe3 7#a7 ,subsection 7a77#b77;,a77i77,,ii74 7#b7 ,subsection 7a77#c77;,a77ii74 7#c7 ,subsection 7c77#a77;,d74 7#d7 ,subsection 7c77#b77;,d74 7#e7 ,subsection 7c77#c77;,a77iv74 7#f7 ,subsection 7c77#d77;,c74 7#g7 ,subsection 7c77#e77;,d74 7b7 ,further extension for certain energy property ,section #dh7;a77#c77;,a77vii7 is amended by striking ,january #a1 #bjbd and inserting ,january #a1 #bjce4 7c7 ,phaseout of credit ,section #dh7;a7 is amended by striking paragraphs 7#f7 and 7#g7 and inserting the following new paragraph3 7#f7 ,phaseout for certain energy property ,in the case of any qualified fuel cell property1 qualified small wind property1 or energy property described in clause 7i7 or clause 7ii7 of paragraph 7#c77;,a7 the construction of which begins after ,december #ca1 #bjai1 and which is placed in service before ,january #a1 #bjbb1 the energy percentage determined under paragraph 7#b7 shall be equal to #bf percent4 4 7d7 ,base energy percentage amount2 phaseout of certain energy property 7#a7 ,base energy percentage amount ,section #dh7;a7 is amended-- 7,a7 in paragraph 7#b77;,a7-- 7i7 in clause 7i71 by striking #cj percent and inserting #f percent1 and 7ii7 in clause 7ii71 by striking #aj percent and inserting #b percent1 and 7,b7 in paragraph 7#e77;,a77ii71 by striking #cj percent and inserting #f percent4 7#b7 ,phaseout of certain energy property ,section #dh7;a71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#g7 ,phaseout for certain energy property ,in the case of any energy property described in clause 7vii7 of paragraph 7#c77;,a71 the energy percentage determined under paragraph 7#b7 shall be equal to-- 7,a7 in the case of any property the construction of which begins before ,january #a1 #bjcc1 and which is placed in service after ,december #ca1 #bjba1 #f percent1 7,b7 in the case of any property the construction of which begins after ,december #ca1 #bjcb1 and before ,january #a1 #bjcd1 #e4b percent1 and 7,c7 in the case of any property the construction of which begins after ,december #ca1 #bjcc1 and before ,january #a1 #bjce1 #d4d percent4 4 7e7 #f percent credit for geothermal ,section #dh7;a77#b77;,a77i77,,ii7 is amended by striking paragraph 7#c77;,a77i7 and inserting clause 7i7 or 7iii7 of paragraph 7#c77;,a74 7f7 ,energy storage technologies2 qualified biogas property2 microgrid controllers2 extension of other property 7#a7 ,in general ,section #dh7;a77#c77;,a7 is amended by striking or at the end of clause 7vii71 and by adding at the end the following new clauses3 7ix7 energy storage technology1 7x7 qualified biogas property1 or 7xi7 microgrid controllers1 4 7#b7 ,application of #f percent credit ,section #dh7;a77#b77;,a77i7 is amended by striking and at the end of subclauses 7,,iv7 and 7,v7 and adding at the end the following new subclauses3 7,,vi7 energy storage technology1 7,,vii7 qualified biogas property1 7,,viii7 microgrid controllers1 and 7,,ix7 energy property described in clauses 7v7 and 7vii7 of paragraph 7#c77;,a71 and 4 7#c7 ,definitions ,section #dh7;c7 is amended by adding at the end the following new paragraphs3 7#f7 ,energy storage technology 7,a7 ,in general ,the term energy storage technology means-- 7i7 property 7other than property primarily used in the transportation of goods or individuals and not for the production of electricity7 which receives1 stores1 and delivers energy for conversion to electricity 7or1 in the case of hydrogen1 which stores energy71 and has a nameplate capacity of not less than #e kilowatt hours1 and 7ii7 thermal energy storage property4 7,b7 ,modifications of certain property ,in the case of any property which either-- 7i7 was placed in service before the date of enactment of this section and would be described in subparagraph 7,a77i71 except that such property has a capacity of less than #e kilowatt hours and is modified in a manner that such property 7after such modification7 has a nameplate capacity of not less than #e kilowatt hours1 or 7ii7 is described in subparagraph 7,a77i7 and is modified in a manner that such property 7after such modification7 has an increase in nameplate capacity of not less than #e kilowatt hours1 such property shall be treated as described in subparagraph 7,a77i7 except that the basis of any existing property prior to such modification shall not be taken into account for purposes of this section4 ,in the case of any property to which this subparagraph applies1 subparagraph 7,d7 shall be applied by substituting modification for construction4 7,c7 ,thermal energy storage property 7i7 ,in general ,subject to clause 7ii71 for purposes of this paragraph1 the term thermal energy storage property means property comprising a system which-- 7,i7 is directly connected to a heating1 ventilation1 or air conditioning system1 7,,ii7 removes heat from1 or adds heat to1 a storage medium for subsequent use1 and 7,,iii7 provides energy for the heating or cooling of the interior of a residential or commercial building4 7ii7 ,exclusion ,the term thermal energy storage property shall not include-- 7,i7 a swimming pool1 7,,ii7 combined heat and power system property1 or 7,,iii7 a building or its structural components4 7,d7 ,termination ,the term energy storage technology shall not include any property the construction of which begins after ,december #ca1 #bjbd4 7#g7 ,qualified biogas property 7,a7 ,in general ,the term qualified biogas property means property comprising a system which-- 7i7 converts biomass 7as defined in section #de,k7c77#c71 as in effect on the date of enactment of this paragraph7 into a gas which-- 7,i7 consists of not less than #eb percent methane by volume1 or 7,,ii7 is concentrated by such system into a gas which consists of not less than #eb percent methane1 and 7ii7 captures such gas for sale or productive use1 and not for disposal via combustion4 7,b7 ,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 gas4 7,c7 ,termination ,the term qualified biogas property shall not include any property the construction of which begins after ,december #ca1 #bjbd4 7#h7 ,microgrid controller 7,a7 ,in general ,the term microgrid controller means equipment which is-- 7i7 part of a qualified microgrid1 and 7ii7 designed and used to monitor and control the energy resources and loads on such microgrid4 7,b7 ,qualified microgrid ,the term qualified microgrid means an electrical system which-- 7i7 includes equipment which is capable of generating not less than #d kilowatts and not greater than #bj megawatts of electricity1 7ii7 is capable of operating-- 7,i7 in connection with the electrical grid and as a single controllable entity with respect to such grid1 and 7,,ii7 independently 7and disconnected7 from such grid1 and 7iii7 is not part of a bulk-power system 7as defined in section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo774 7,c7 ,termination ,the term microgrid controller shall not include any property the construction of which begins after ,december #ca1 #bjbd4 4 7#d7 ,denial ,of ,double ,benefit ,for ,qualified ,biogas ,property ,section #de7;e7 is amended by adding at the end the following new paragraph3 7#ab7 ,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 7as defined in section #dh7;c77#g77 if a credit is allowed under section #dh with respect to such property for the taxable year or any prior taxable year4 4 7#e7 ,public utility property ,paragraph 7#b7 of section #ej7;d7 is amended-- 7,a7 by adding after the first sentence the following new sentence3 ,at the election of a taxpayer1 this paragraph shall not apply to any energy storage technology 7as defined in section #dh7;c77#f771 provided--1 and 7,b7 by adding the following new subparagraphs3 7,a7 no election under this paragraph shall be permitted if the making of such election is prohibited by a ,state or political subdivision thereof1 by any agency or instrumentality of the ,united ,states1 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 #ggja7;a77#cc77;,a71 7,b7 an election under this paragraph shall be made separately with respect to each energy storage technology by the due date 7including extensions7 of the ,federal tax return for the taxable year in which the energy storage technology is placed in service by the taxpayer1 and once made1 may be revoked only with the consent of the ,secretary1 and 7,c7 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 #ejj kilowatt hours4 4 7g7 ,fuel cells using electromechanical processes 7#a7 ,in general ,section #dh7;c77#a7 is amended-- 7,a7 in subparagraph 7,a77i7-- 7i7 by inserting or electromechanical after electrochemical1 and 7ii7 by inserting 7#a kilowatt in the case of a fuel cell power plant with a linear generator assembly7 after #j4e kilowatt1 and 7,b7 in subparagraph 7,c7-- 7i7 by inserting 1 or linear generator assembly1 after a fuel cell stack assembly1 and 7ii7 by inserting or electromechanical after electrochemical4 7#b7 ,linear generator assembly limitation ,section #dh7;c77#a7 is amended by redesignating subparagraph 7,d7 as subparagraph 7,e7 and by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 ,linear generator assembly ,the term linear generator assembly does not include any assembly which contains rotating parts4 4 7h7 ,dynamic glass ,section #dh7;a77#c77;,a77ii7 is amended by inserting 1 or electrochromic glass which uses electricity to change its light transmittance properties in order to heat or cool a structure1 after sunlight4 7i7 ,coordination with low income housing tax credit ,paragraph 7#c7 of section #ej7;c7 is amended-- 7#a7 by striking and at the end of subparagraph 7,a71 7#b7 by striking the period at the end of subparagraph 7,b7 and inserting 1 and1 and 7#c7 by adding at the end the following new subparagraph3 7,c7 paragraph 7#a7 shall not apply for purposes of determining eligible basis under section #db4 4 7j7 ,interconnection property ,section #dh7;a71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#h7 ,interconnection property 7,a7 ,in general ,for purposes of determining the credit under subsection 7a71 energy property shall include amounts paid or incurred by the taxpayer for qualified interconnection property in connection with the installation of energy property 7as defined in paragraph 7#c77 which has a maximum net output of not greater than #e megawatts 7as measured in alternating current71 to provide for the transmission or distribution of the electricity produced or stored by such property1 and which are properly chargeable to the capital account of the taxpayer4 7,b7 ,qualified interconnection property ,the term qualified interconnection property means1 with respect to an energy project which is not a microgrid controller1 any tangible property-- 7i7 which is part of an addition1 modification1 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 interconnection1 7ii7 either-- 7,i7 which is constructed1 reconstructed1 or erected by the taxpayer1 or 7,,ii7 for which the cost with respect to the construction1 reconstruction1 or erection of such property is paid or incurred by such taxpayer1 and 7iii7 the original use of which1 pursuant to an interconnection agreement1 commences with a utility4 7,c7 ,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 utility4 7,d7 ,utility ,for purposes of this paragraph1 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 thereof1 any agency or instrumentality of the ,united ,states1 a public service or public utility commission or other similar body of any ,state or political subdivision thereof1 or the governing or ratemaking body of an electric cooperative4 7,e7 ,special rule for interconnection property ,in the case of expenses paid or incurred for interconnection property1 amounts otherwise chargeable to capital account with respect to such expenses shall be reduced under rules similar to the rules of section #ej7;c74 4 7k7 ,energy projects1 wage requirements1 and apprenticeship requirements ,section #dh7;a71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraphs3 7#i7 ,increased credit amount for energy projects 7,a7 ,in general 7i7 ,rule ,in the case of any energy project which satisfies the requirements of subparagraph 7,b71 the amount of the credit determined under this subsection 7determined after the application of paragraphs 7#a7 through 7#h7 and without regard to this clause7 shall be equal to such amount multiplied by #e4 7ii7 ,energy project defined ,for purposes of this subsection1 the term energy project means a project consisting of one or more energy properties that are part of a single project4 7,b7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7i7 ,a project with a maximum net output of less than #a megawatt of electrical 7as measured in alternating current7 or thermal energy4 7ii7 ,a project the construction of which begins before the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#aj77;,a7 and 7#aa74 7iii7 ,a project which satisfies the requirements of paragraphs 7#aj77;,a7 and 7#aa74 7#aj7 ,prevailing wage requirements 7,a7 ,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-- 7i7 the construction of such energy project1 and 7ii7 for the #e-year period beginning on the date such project is originally placed in service1 the alteration or repair of such project1 shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 or repair of a similar character in the locality in which such project is located as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,subject to subparagraph 7,c71 for purposes of any determination under paragraph 7#i77;,a77i7 for the taxable year in which the energy project is placed in service1 the taxpayer shall be deemed to satisfy the requirement under clause 7ii7 at the time such project is placed in service4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of section #de7;b77#g77;,b7 shall apply4 7,c7 ,recapture ,the ,secretary shall1 by regulations or other guidance1 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 7,a7 7after application of subparagraph 7,b77 for the period described in clause 7ii7 of subparagraph 7,a7 7but which does not cease to be investment credit property within the meaning of section #ej7;a774 ,the period and percentage of such recapture shall be determined under rules similar to the rules of section #ej7;a74 7#aa7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 4 7l7 ,domestic content2 phaseout for elective payment ,section #dh7;a71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraphs3 7#ab7 ,domestic content bonus credit amount 7,a7 ,in general ,in the case of any energy project which satisfies the requirement under subparagraph 7,b71 for purposes of applying paragraph 7#b7 with respect to such property1 the energy percentage shall be increased by the applicable credit rate increase4 7,b7 ,requirement ,rules similar to the rules of section #de7;b77#i77;,b7 shall apply4 7,c7 ,applicable credit rate increase ,for purposes of subparagraph 7,a71 the applicable credit rate increase shall be-- 7i7 in the case of an energy project which does not satisfy the requirements of paragraph 7#i77;,b71 #b percentage points1 and 7ii7 in the case of an energy project which satisfies the requirements of paragraph 7#i77;,b71 #aj percentage points4 7#ac7 ,phaseout for elective payment ,in the case of a taxpayer making an election under section #fdag with respect to a credit under this section1 rules similar to the rules of section #de7;b77#aj7 shall apply4 4 7m7 ,special rule for property financed by tax-exempt bonds ,section #dh7;a77#d7 is amended to read as follows3 7#d7 ,special rule for property financed by tax-exempt bonds ,rules similar to the rule under section #de7;b77#c7 shall apply for purposes of this section4 4 7n7 ,treatment of certain contracts involving energy storage ,section #ggja7;e7 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a77i71 by striking or at the end of subclause 7,,ii71 by striking and at the end of subclause 7,,iii7 and inserting or1 and by adding at the end the following new subclause3 7,,iv7 the operation of a storage facility1 and 1 and 7,b7 by adding at the end the following new subparagraph3 7,f7 ,storage facility ,for purposes of subparagraph 7,a71 the term storage facility means a facility which uses energy storage technology within the meaning of section #dh7;c77#f74 1 and 7#b7 in paragraph 7#d71 by striking or water treatment works facility and inserting water treatment works facility1 or storage facility4 7o7 ,increase in credit rate for energy communities ,section #dh7;a71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#ad7 ,increase in credit rate for energy communities 7,a7 ,in general ,in the case of any energy project that is placed in service within an energy community 7as defined in section #de7;b77#aa77;,b71 as applied by substituting energy project for qualified facility each place it appears71 for purposes of applying paragraph 7#b7 with respect to energy property which is part of such project1 the energy percentage shall be increased by the applicable credit rate increase4 7,b7 ,applicable credit rate increase ,for purposes of subparagraph 7,a71 the applicable credit rate increase shall be equal to-- 7i7 in the case of any energy project which does not satisfy the requirements of paragraph 7#i77;,b71 #b percentage points1 and 7ii7 in the case of any energy project which satisfies the requirements of paragraph 7#i77;,b71 #aj percentage points4 4 7p7 ,regulations ,section #dh7;a71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#ae7 ,regulations and guidance ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection4 4 7q7 ,effective dates 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjba4 7#b7 ,other property ,the amendments made by subsections 7f71 7g71 7h71 7i71 7j71 7l71 7n71 and 7o7 shall apply to property placed in service after ,december #ca1 #bjbb4 7#c7 ,special rule for property financed by tax-exempt bonds ,the amendments made by subsection 7m7 shall apply to property the construction of which begins after the date of enactment of this ,act4 #acajc4 ,increase in energy credit for solar and wind facilities placed in service in connection with low-income communities 7a7 ,in general ,section #dh is amended by adding at the end the following new subsection3 7e7 ,special rules for certain solar and wind facilities placed in service in connection with low-income communities 7#a7 ,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 7#d7-- 7,a7 the energy percentage otherwise determined under paragraph 7#b7 or 7#e7 of subsection 7a7 with respect to any eligible property which is part of such facility shall be increased by-- 7i7 in the case of a facility described in subclause 7,i7 of paragraph 7#b77;,a77iii7 and not described in subclause 7,,ii7 of such paragraph1 #aj percentage points1 and 7ii7 in the case of a facility described in subclause 7,,ii7 of paragraph 7#b77;,a77iii71 #bj percentage points1 and 7,b7 the increase in the credit determined under subsection 7a7 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 7determined without regard to this subparagraph7 as-- 7i7 the environmental justice solar and wind capacity limitation allocated to such facility1 bears to 7ii7 the total megawatt nameplate capacity of such facility1 as measured in direct current4 7#b7 ,qualified solar and wind facility ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified solar and wind facility means any facility-- 7i7 which generates electricity solely from property described in section #de7;d77#a7 or in clause 7i7 or 7vi7 of subsection 7a77#c77;,a71 7ii7 which has a maximum net output of less than #e megawatts 7as measured in alternating current71 and 7iii7 which-- 7,i7 is located in a low-income community 7as defined in section #de;,d7e77 or on ,indian land 7as defined in section #bfja7b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7b7771 or 7,,ii7 is part of a qualified low-income residential building project or a qualified low-income economic benefit project4 7,b7 ,qualified low-income residential building project ,a facility shall be treated as part of a qualified low-income residential building project if-- 7i7 such facility is installed on a residential rental building which participates in a covered housing program 7as defined in section #dadaa7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdia7;a77#c771 a housing assistance program administered by the ,department of ,agriculture under title ,v of the ,housing ,act of #aidi1 a housing program administered by a tribally designated housing entity 7as defined in section #d7bb7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7bb777 or such other affordable housing programs as the ,secretary may provide1 and 7ii7 the financial benefits of the electricity produced by such facility are allocated equitably among the occupants of the dwelling units of such building4 7,c7 ,qualified low-income economic benefit project ,a facility shall be treated as part of a qualified low-income economic benefit project if at least #ej percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- 7i7 less than #bjj percent of the poverty line 7as defined in section #cf;,b7d77#c77;,a77 applicable to a family of the size involved1 or 7ii7 less than #hj percent of area median gross income 7as determined under section #adb7;d77#b77;,b774 7,d7 ,financial benefit ,for purposes of subparagraphs 7,b7 and 7,c71 electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit4 7#c7 ,eligible property ,for purposes of this section1 the term eligible property means energy property which-- 7,a7 is part of a facility described in section #de7;d77#a7 for which an election was made under subsection 7a77#e71 or 7,b7 is described in clause 7i7 or 7vi7 of subsection 7a77#c77;,a71 including energy storage technology 7as described in subsection 7a77#c77;,a77ix77 installed in connection with such energy property4 7#d7 ,allocations 7,a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall establish a program to allocate amounts of environmental justice solar and wind capacity limitation to qualified solar and wind facilities4 ,in establishing such program and to carry out the purposes of this subsection1 the ,secretary shall provide procedures to allow for an efficient allocation process1 including1 when determined appropriate1 consideration of multiple projects in a single application if such projects will be placed in service by a single taxpayer4 7,b7 ,limitation ,the amount of environmental justice solar and wind capacity limitation allocated by the ,secretary under subparagraph 7,a7 during any calendar year shall not exceed the annual capacity limitation with respect to such year4 7,c7 ,annual capacity limitation ,for purposes of this paragraph1 the term annual capacity limitation means #a4h gigawatts of direct current capacity for each of calendar years #bjbc and #bjbd1 and zero thereafter4 7,d7 ,carryover of unused limitation ,if the annual capacity limitation for any calendar year exceeds the aggregate amount allocated for such year under this paragraph1 such limitation for the succeeding calendar year shall be increased by the amount of such excess4 ,no amount may be carried under the preceding sentence to any calendar year after #bjbd except as provided in section #dh;,e7h77#d77;,d77ii74 7,e7 ,placed in service deadline 7i7 ,in general ,paragraph 7#a7 shall not apply with respect to any property which is placed in service after the date that is #d years after the date of the allocation with respect to the facility of which such property is a part4 7ii7 ,application of carryover ,any amount of environmental justice solar and wind capacity limitation which expires under clause 7i7 during any calendar year shall be taken into account as an excess described in subparagraph 7,d7 7or as an increase in such excess7 for such calendar year1 subject to the limitation imposed by the last sentence of such subparagraph4 7#e7 ,recapture ,the ,secretary shall1 by regulations or other guidance1 provide for recapturing the benefit of any increase in the credit allowed under subsection 7a7 by reason of this subsection with respect to any property which ceases to be property eligible for such increase 7but which does not cease to be investment credit property within the meaning of section #ej7;a774 ,the period and percentage of such recapture shall be determined under rules similar to the rules of section #ej7;a74 ,to the extent provided by the ,secretary1 such recapture may not apply with respect to any property if1 within #ab months after the date the taxpayer becomes aware 7or reasonably should have become aware7 of such property ceasing to be property eligible for such increase1 the eligibility of such property for such increase is restored4 ,the preceding sentence shall not apply more than once with respect to any facility4 4 7b7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbc4 #acajd4 ,extension and modification of credit for carbon oxide sequestration 7a7 ,modification of carbon oxide capture requirements 7#a7 ,in general ,section #de,q7d7 is amended to read as follows3 7d7 ,qualified facility ,for purposes of this section1 the term qualified facility means any industrial facility or direct air capture facility-- 7#a7 the construction of which begins before ,january #a1 #bjcc1 and either-- 7,a7 construction of carbon capture equipment begins before such date1 or 7,b7 the original planning and design for such facility includes installation of carbon capture equipment1 and 7#b7 which-- 7,a7 in the case of a direct air capture facility1 captures not less than #a1jjj metric tons of qualified carbon oxide during the taxable year1 7,b7 in the case of an electricity generating facility-- 7i7 captures not less than #ah1gej metric tons of qualified carbon oxide during the taxable year1 and 7ii7 with respect to any carbon capture equipment for the applicable electric generating unit at such facility1 has a capture design capacity of not less than #ge percent of the baseline carbon oxide production of such unit1 or 7,c7 in the case of any other facility1 captures not less than #ab1ejj metric tons of qualified carbon oxide during the taxable year4 4 7#b7 ,definitions 7,a7 ,in general ,section #de,q7e7 is amended-- 7i7 by redesignating paragraphs 7#a7 through 7#c7 as paragraphs 7#c7 through 7#e71 respectively1 and 7ii7 by inserting after ,for purposes of this section-- the following new paragraphs3 7#a7 ,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 designed4 7#b7 ,baseline carbon oxide production 7,a7 ,in general ,the term baseline carbon oxide production means either of the following3 7i7 ,in the case of an applicable electric generating unit which was originally placed in service more than #a year prior to the date on which construction of the carbon capture equipment begins1 the average annual carbon oxide production1 by mass1 from such unit during-- 7,i7 in the case of an applicable electric generating unit which was originally placed in service more than #a year prior to the date on which construction of the carbon capture equipment begins and on or after the date which is #c years prior to the date on which construction of such equipment begins1 the period beginning on the date such unit was placed in service and ending on the date on which construction of such equipment began1 and 7,,ii7 in the case of an applicable electric generating unit which was originally placed in service more than #c years prior to the date on which construction of the carbon capture equipment begins1 the #c years with the highest annual carbon oxide production during the #ab-year period preceding the date on which construction of such equipment began4 7ii7 ,in the case of an applicable electric generating unit which-- 7,i7 as of the date on which construction of the carbon capture equipment begins1 is not yet placed in service1 or 7,,ii7 was placed in service during the #a-year period prior to the date on which construction of the carbon capture equipment begins1 the designed annual carbon oxide production1 by mass1 as determined based on an assumed capacity factor of #fj percent4 7,b7 ,capacity factor ,the term capacity factor means the ratio 7expressed as a percentage7 of the actual electric output from the applicable electric generating unit to the potential electric output from such unit4 4 7,b7 ,conforming amendment ,section #adb7o77#a77;,b7 is amended by striking section #de,q7e77#a7 and inserting section #de,q7e77#c74 7b7 ,modified applicable dollar amount ,section #de,q7b77#a77;,a7 is amended-- 7#a7 in clause 7i7-- 7,a7 in subclause 7,i71 by striking the dollar amount and all that follows through such period and inserting #ag1 and 7,b7 in subclause 7,,ii71 by striking the dollar amount and all that follows through such period and inserting #ab1 and 7#b7 in clause 7ii7-- 7,a7 in subclause 7,i71 by striking #ej and inserting #ag1 and 7,b7 in subclause 7,,ii71 by striking #ce and inserting #ab4 7c7 ,determination of applicable dollar amount 7#a7 ,in general ,section #de,q7b77#a71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 by redesignating subparagraph 7,b7 as subparagraph 7,d71 and 7,b7 by inserting after subparagraph 7,a7 the following new subparagraphs3 7,b7 ,special rule for direct air capture facilities ,in the case of any qualified facility described in subsection 7d77#b77;,a7 which is placed in service after ,december #ca1 #bjbb1 the applicable dollar amount shall be an amount equal to the applicable dollar amount otherwise determined with respect to such qualified facility under subparagraph 7,a71 except that such subparagraph shall be applied-- 7i7 by substituting #cf for #ag each place it appears1 and 7ii7 by substituting #bf for #ab each place it appears4 7,c7 ,applicable dollar amount for additional carbon capture equipment ,in the case of any qualified facility which is placed in service before ,january #a1 #bjbc1 if any additional carbon capture equipment is installed at such facility and such equipment is placed in service after ,december #ca1 #bjbb1 the applicable dollar amount shall be an amount equal to the applicable dollar amount otherwise determined under this paragraph1 except that subparagraph 7,b7 shall be applied-- 7i7 by substituting before ,january #a1 #bjbc for after ,december #ca1 #bjbb1 and 7ii7 by substituting the additional carbon capture equipment installed at such qualified facility for such qualified facility4 4 7#b7 ,conforming amendments 7,a7 ,section #de,q7b77#a77;,a7 is amended by striking ,the applicable dollar amount and inserting ,except as provided in subparagraph 7,b7 or 7,c71 the applicable dollar amount4 7,b7 ,section #de,q7b77#a77;,d71 as redesignated by paragraph 7#a77;,a71 is amended by striking subparagraph 7,a7 and inserting subparagraph 7,a71 7,b71 or 7,c74 7d7 ,wage and apprenticeship requirements ,section #de,q is amended by redesignating subsection 7h7 as subsection 7i7 and inserting after subsection 7g7 following new subsection3 7h7 ,increased credit amount for qualified facilities and carbon capture equipment 7#a7 ,in general ,in the case of any qualified facility or any carbon capture equipment which satisfy the requirements of paragraph 7#b71 the amount of the credit determined under subsection 7a7 shall be equal to such amount 7determined without regard to this sentence7 multiplied by #e4 7#b7 ,requirements ,the requirements described in this paragraph are that-- 7,a7 with respect to any qualified facility the construction of which begins on or after the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#c77;,a7 and 7#d71 as well as any carbon capture equipment placed in service at such facility-- 7i7 subject to subparagraph 7,b7 of paragraph 7#c71 the taxpayer satisfies the requirements under subparagraph 7,a7 of such paragraph with respect to such facility and equipment1 and 7ii7 the taxpayer satisfies the requirements under paragraph 7#d7 with respect to the construction of such facility and equipment1 7,b7 with respect to any carbon capture equipment the construction of which begins on or after the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#c77;,a7 and 7#d71 and which is installed at a qualified facility the construction of which began prior to such date-- 7i7 subject to subparagraph 7,b7 of paragraph 7#c71 the taxpayer satisfies the requirements under subparagraph 7,a7 of such paragraph with respect to such equipment1 and 7ii7 the taxpayer satisfies the requirements under paragraph 7#d7 with respect to the construction of such equipment1 or 7,c7 the construction of carbon capture equipment begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#c77;,a7 and 7#d71 and such equipment is installed at a qualified facility the construction of which begins prior to such date4 7#c7 ,prevailing wage requirements 7,a7 ,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-- 7i7 the construction of such facility or equipment1 and 7ii7 with respect to any taxable year1 for any portion of such taxable year which is within the period described in paragraph 7#c77;,a7 or 7#d77;,a7 of subsection 7a71 the alteration or repair of such facility or such equipment1 shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 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 ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,for purposes of determining an increased credit amount under paragraph 7#a7 for a taxable year1 the requirement under clause 7ii7 of this subparagraph is applied to such taxable year in which the alteration or repair of qualified facility occurs4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of section #de7;b77#g77;,b7 shall apply4 7#d7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#e7 ,regulations and guidance ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection4 4 7e7 ,credit reduced for tax-exempt bonds ,section #de,q7f7 is amended-- 7#a7 by striking the second paragraph 7#c71 as added at the end of such section by section #hjdjb7;e7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh71 and 7#b7 by adding at the end the following new paragraph3 7#h7 ,credit reduced for tax-exempt bonds ,rules similar to the rule under section #de7;b77#c7 shall apply for purposes of this section4 4 7f7 ,application of section for certain carbon capture equipment ,section #de,q7g7 is amended by inserting the earlier of ,january #a1 #bjbc1 and before the end of the calendar year4 7g7 ,election ,section #de,q7f71 as amended by subsection 7e71 is amended by adding at the end the following new paragraph3 7#i7 ,election ,for purposes of paragraphs 7#c7 and 7#d7 of subsection 7a71 a person described in paragraph 7#c77;,a77ii7 may elect1 at such time and in such manner as the ,secretary may prescribe1 to have the #ab-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 #bjah 7after application of paragraph 7#f71 where applicable7 if-- 7,a7 no taxpayer claimed a credit under this section with respect to such carbon capture equipment for any prior taxable year1 7,b7 the qualified facility at which such carbon capture equipment is placed in service is located in an area affected by a federally-declared disaster 7as defined by section #afe7;i77#e77;,a77 after the carbon capture equipment is originally placed in service1 and 7,c7 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 service4 4 7h7 ,regulations for baseline carbon oxide production ,subsection 7i7 of section #de,q1 as redesignated by subsection 7d71 is amended-- 7#a7 in paragraph 7#a71 by striking and1 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 1 and1 and 7#c7 by adding at the end the following new paragraph3 7#c7 for purposes of subsection 7d77#b77;,b77ii71 adjust the baseline carbon oxide production with respect to any applicable electric generating unit at any electricity generating facility if1 after the date on which the carbon capture equipment is placed in service1 modifications which are chargeable to capital account are made to such unit which result in a significant increase or decrease in carbon oxide production4 4 7i7 ,effective dates 7#a7 ,in general ,except as provided in paragraphs 7#b71 7#c71 and 7#d71 the amendments made by this section shall apply to facilities or equipment placed in service after ,december #ca1 #bjbb4 7#b7 ,modification of carbon oxide capture requirements ,the amendments made by subsection 7a7 shall apply to facilities or equipment the construction of which begins after the date of enactment of this ,act4 7#c7 ,application of section for certain carbon capture equipment ,the amendments made by subsection 7f7 shall take effect on the date of enactment of this ,act4 7#d7 ,election ,the amendments made by subsection 7g7 shall apply to carbon oxide captured and disposed of after ,december #ca1 #bjba4 #acaje4 ,zero-emission nuclear power production credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new section3 #de,u4 ,zero-emission nuclear power production credit 7a7 ,amount of credit ,for purposes of section #ch1 the zero-emission nuclear power production credit for any taxable year is an amount equal to the amount by which-- 7#a7 the product of-- 7,a7 #j4c cents1 multiplied by 7,b7 the kilowatt hours of electricity-- 7i7 produced by the taxpayer at a qualified nuclear power facility1 and 7ii7 sold by the taxpayer to an unrelated person during the taxable year1 exceeds 7#b7 the reduction amount for such taxable year4 7b7 ,definitions 7#a7 ,qualified nuclear power facility ,for purposes of this section1 the term qualified nuclear power facility means any nuclear facility-- 7,a7 which is owned by the taxpayer and which uses nuclear energy to produce electricity1 7,b7 which is not an advanced nuclear power facility as defined in subsection 7d77#a7 of section #de;,j1 and 7,c7 which is placed in service before the date of the enactment of this section4 7#b7 ,reduction amount 7,a7 ,in general ,for purposes of this section1 the term reduction amount means1 with respect to any qualified nuclear power facility for any taxable year1 the amount equal to the lesser of-- 7i7 the amount determined under subsection 7a77#a71 or 7ii7 the amount equal to #af percent of the excess of-- 7,i7 subject to subparagraph 7,b71 the gross receipts from any electricity produced by such facility 7including any electricity services or products provided in conjunction with the electricity produced by such facility7 and sold to an unrelated person during such taxable year1 over 7,,ii7 the amount equal to the product of-- 7aa7 #b4e cents1 multiplied by 7bb7 the amount determined under subsection 7a77#a77;,b74 7,b7 ,treatment of certain receipts 7i7 ,in general ,subject to clause 7iii71 the amount determined under subparagraph 7,a77ii77,i7 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 program4 ,for purposes of determining the amount received during such taxable year1 the taxpayer shall take into account any reductions required under such program4 7ii7 ,zero-emission credit program ,for purposes of this subparagraph1 the term zero-emission credit program means any payments with respect to a qualified nuclear power facility as a result of any ,federal1 ,state or local government program for1 in whole or in part1 the zero-emission1 zero-carbon1 or air quality attributes of any portion of the electricity produced by such facility4 7iii7 ,exclusion ,for purposes of clause 7i71 any amount received by the taxpayer from a zero-emission credit program shall be excluded from the amount determined under subparagraph 7,a77ii77,i7 if the full amount of the credit calculated pursuant to subsection 7a7 7determined without regard to this subparagraph7 is used to reduce payments from such zero-emission credit program4 7#c7 ,electricity ,for purposes of this section1 the term electricity means the energy produced by a qualified nuclear power facility from the conversion of nuclear fuel into electric power4 7c7 ,other rules 7#a7 ,inflation adjustment ,the #j4c cent amount in subsection 7a77#a77;,a7 and the #b4e cent amount in subsection 7b77#b77;,a77ii77,,ii77aa7 shall each be adjusted by multiplying such amount by the inflation adjustment factor 7as determined under section #de7;e77#b71 as applied by substituting calendar year #bjbc for calendar year #aiib in subparagraph 7,b7 thereof7 for the calendar year in which the sale occurs4 ,if the #j4c cent amount as increased under this paragraph is not a multiple of #j4je cent1 such amount shall be rounded to the nearest multiple of #j4je cent4 ,if the #b4e cent amount as increased under this paragraph is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent4 7#b7 ,special rules ,rules similar to the rules of paragraphs 7#a71 7#c71 7#d71 and 7#e7 of section #de7;e7 shall apply for purposes of this section4 7d7 ,wage requirements 7#a7 ,increased credit amount for qualified nuclear power facilities ,in the case of any qualified nuclear power facility which satisfies the requirements of paragraph 7#b77;,a71 the amount of the credit determined under subsection 7a7 shall be equal to such amount 7as determined without regard to this sentence7 multiplied by #e4 7#b7 ,prevailing wage requirements 7,a7 ,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 ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of section #de7;b77#g77;,b7 shall apply4 7#c7 ,regulations and guidance ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection4 7e7 ,termination ,this section shall not apply to taxable years beginning after ,december #ca1 #bjcb4 4 7b7 ,conforming amendments 7#a7 ,section #ch7;b7 is amended-- 7,a7 in paragraph 7#cb71 by striking plus at the end1 7,b7 in paragraph 7#cc71 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#cd7 the zero-emission nuclear power production credit determined under section #de,u7a74 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new item3 ,sec4 #de,u4 ,zero-emission nuclear power production credit4 4 7c7 ,effective date ,this section shall apply to electricity produced and sold after ,december #ca1 #bjbc1 in taxable years beginning after such date4 #b ,clean ,fuels #acbja4 ,extension of incentives for biodiesel1 renewable diesel and alternative fuels 7a7 ,biodiesel and renewable diesel credit ,section #dj;,a7g7 is amended by striking ,december #ca1 #bjbb and inserting ,december #ca1 #bjbd4 7b7 ,biodiesel mixture credit 7#a7 ,in general ,section #fdbf7;c77#f7 is amended by striking ,december #ca1 #bjbb and inserting ,december #ca1 #bjbd4 7#b7 ,fuels not used for taxable purposes ,section #fdbg7;e77#f77;,b7 is amended by striking ,december #ca1 #bjbb and inserting ,december #ca1 #bjbd4 7c7 ,alternative fuel credit ,section #fdbf7;d77#e7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbd4 7d7 ,alternative fuel mixture credit ,section #fdbf7;e77#c7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbd4 7e7 ,payments for alternative fuels ,section #fdbg7;e77#f77;,c7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbd4 7f7 ,effective date ,the amendments made by this section shall apply to fuel sold or used after ,december #ca1 #bjba4 7g7 ,special rule ,in the case of any alternative fuel credit properly determined under section #fdbf7;d7 of the ,internal ,revenue ,code of #aihf for the period beginning on ,january #a1 #bjbb1 and ending with the close of the last calendar quarter beginning before the date of the enactment of this ,act1 such credit shall be allowed1 and any refund or payment attributable to such credit 7including any payment under section #fdbg7;e7 of such ,code7 shall be made1 only in such manner as the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall provide4 ,such ,secretary shall issue guidance within #cj days after the date of the enactment of this ,act providing for a one-time submission of claims covering periods described in the preceding sentence4 ,such guidance shall provide for a #ahj-;day period for the submission of such claims 7in such manner as prescribed by such ,secretary7 to begin not later than #cj days after such guidance is issued4 ,such claims shall be paid by such ,secretary not later than #fj days after receipt4 ,if such ,secretary has not paid pursuant to a claim filed under this subsection within #fj days after the date of the filing of such claim1 the claim shall be paid with interest from such date determined by using the overpayment rate and method under section #ffba of such ,code4 #acbjb4 ,extension of second generation biofuel incentives 7a7 ,in general ,section #dj7;b77#f77;,j77i7 is amended by striking #bjbb and inserting #bjbe4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to qualified second generation biofuel production after ,december #ca1 #bjba4 #acbjc4 ,sustainable aviation fuel credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #dj;,a the following new section3 #dj;,b4 ,sustainable aviation fuel credit 7a7 ,in general ,for purposes of section #ch1 the sustainable aviation fuel credit determined under this section for the taxable year is1 with respect to any sale or use of a qualified mixture which occurs during such taxable year1 an amount equal to the product of-- 7#a7 the number of gallons of sustainable aviation fuel in such mixture1 multiplied by 7#b7 the sum of-- 7,a7 #a4be1 plus 7,b7 the applicable supplementary amount with respect to such sustainable aviation fuel4 7b7 ,applicable supplementary amount ,for purposes of this section1 the term applicable supplementary amount means1 with respect to any sustainable aviation fuel1 an amount equal to #j4ja for each percentage point by which the lifecycle greenhouse gas emissions reduction percentage with respect to such fuel exceeds #ej percent4 ,in no event shall the applicable supplementary amount determined under this subsection exceed #j4ej4 7c7 ,qualified mixture ,for purposes of this section1 the term qualified mixture means a mixture of sustainable aviation fuel and kerosene if-- 7#a7 such mixture is produced by the taxpayer in the ,united ,states1 7#b7 such mixture is used by the taxpayer 7or sold by the taxpayer for use7 in an aircraft1 7#c7 such sale or use is in the ordinary course of a trade or business of the taxpayer1 and 7#d7 the transfer of such mixture to the fuel tank of such aircraft occurs in the ,united ,states4 7d7 ,sustainable aviation fuel 7#a7 ,in general ,for purposes of this section1 the term sustainable aviation fuel means liquid fuel1 the portion of which is not kerosene1 which-- 7,a7 meets the requirements of-- 7i7 ,,astm ,international ,standard ,d#geff1 or 7ii7 the ,fischer ,tropsch provisions of ,,astm ,international ,standard ,d#afee1 ,annex ,a#a1 7,b7 is not derived from coprocessing an applicable material 7or materials derived from an applicable material7 with a feedstock which is not biomass1 7,c7 is not derived from palm fatty acid distillates or petroleum1 and 7,d7 has been certified in accordance with subsection 7e7 as having a lifecycle greenhouse gas emissions reduction percentage of at least #ej percent4 7#b7 ,definitions ,in this subsection-- 7,a7 ,applicable material ,the term applicable material means-- 7i7 monoglycerides1 diglycerides1 and triglycerides1 7ii7 free fatty acids1 and 7iii7 fatty acid esters4 7,b7 ,biomass ,the term biomass has the same meaning given such term in section #de,k7c77#c74 7e7 ,lifecycle greenhouse gas emissions reduction percentage ,for purposes of this section1 the term lifecycle greenhouse gas emissions reduction percentage means1 with respect to any sustainable aviation fuel1 the percentage reduction in lifecycle greenhouse gas emissions achieved by such fuel as compared with petroleum-based jet fuel1 as defined in accordance with-- 7#a7 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 ,states1 or 7#b7 any similar methodology which satisfies the criteria under section #baa7o77#a77;,h7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,h771 as in effect on the date of enactment of this section4 7f7 ,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-- 7#a7 is registered with the ,secretary under section #daja1 and 7#b7 provides-- 7,a7 certification 7in such form and manner as the ,secretary shall prescribe7 from an unrelated party demonstrating compliance with-- 7i7 any general requirements1 supply chain traceability requirements1 and information transmission requirements established under the ,carbon ,offsetting and ,reduction ,scheme for ,international ,aviation described in paragraph 7#a7 of subsection 7e71 or 7ii7 in the case of any methodology established under paragraph 7#b7 of such subsection1 requirements similar to the requirements described in clause 7i71 and 7,b7 such other information with respect to such fuel as the ,secretary may require for purposes of carrying out this section4 7g7 ,coordination with credit against excise tax ,the amount of the credit determined under this section with respect to any sustainable aviation fuel shall1 under rules prescribed by the ,secretary1 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 #fdbf or #fdbg7;e74 7h7 ,termination ,this section shall not apply to any sale or use after ,december #ca1 #bjbd4 4 7b7 ,credit made part of general business credit ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is amended by striking plus at the end of paragraph 7#cc71 by striking the period at the end of paragraph 7#cd7 and inserting 1 plus1 and by inserting after paragraph 7#cd7 the following new paragraph3 7#ce7 the sustainable aviation fuel credit determined under section #dj;,b4 4 7c7 ,coordination with biodiesel incentives 7#a7 ,in general ,section #dj;,a7d77#a7 is amended by inserting or #dj;,b after determined under section #dj4 7#b7 ,conforming amendment ,section #dj;,a7f7 is amended by striking paragraph 7#d74 7d7 ,sustainable aviation fuel added to credit for alcohol fuel1 biodiesel1 and alternative fuel mixtures 7#a7 ,in general ,section #fdbf is amended by adding at the end the following new subsection3 7k7 ,sustainable aviation fuel credit 7#a7 ,in general ,for purposes of this section1 the sustainable aviation fuel credit for the taxable year is1 with respect to any sale or use of a qualified mixture1 an amount equal to the product of-- 7,a7 the number of gallons of sustainable aviation fuel in such mixture1 multiplied by 7,b7 the sum of-- 7i7 #a4be1 plus 7ii7 the applicable supplementary amount with respect to such sustainable aviation fuel4 7#b7 ,definitions ,any term used in this subsection which is also used in section #dj;,b shall have the meaning given such term by section #dj;,b4 7#c7 ,registration requirement ,for purposes of this subsection1 rules similar to the rules of section #dj;,b7f7 shall apply4 4 7#b7 ,conforming amendments 7,a7 ,section #fdbf is amended-- 7i7 in subsection 7a77#a71 by striking and 7e7 and inserting 7e71 and 7k71 and 7ii7 in subsection 7h71 by striking under section #dj or #dj;,a and inserting under section #dj1 #dj;,a1 or #dj;,b4 7,b7 ,section #fdbg7;e7 is amended-- 7i7 in the heading1 by striking or alternative fuel and inserting1 alternative fuel1 or sustainable aviation fuel1 7ii7 in paragraph 7#a71 by inserting or the sustainable aviation fuel mixture credit after alternative fuel mixture credit1 and 7iii7 in paragraph 7#f7-- 7,i7 in subparagraph 7,c71 by striking and at the end1 7,,ii7 in subparagraph 7,d71 by striking the period at the end and inserting 1 and1 and 7,,iii7 by adding at the end the following new subparagraph3 7,e7 any qualified mixture of sustainable aviation fuel 7as defined in section #fdbf7k77#c77 sold or used after ,december #ca1 #bjbd4 4 7,c7 ,section #daja7;a77#a7 is amended by inserting every person producing or importing sustainable aviation fuel 7as defined in section #dj;,b71 before and every person producing second generation biofuel4 7,d7 ,the table of sections for subpart ,d of subchapter ,a of chapter #a is amended by inserting after the item relating to section #dj;,a the following new item3 ,sec4 #dj;,b4 ,sustainable aviation fuel credit4 4 7e7 ,amount of credit included in gross income ,section #hg is amended by striking and in paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#c7 the sustainable aviation fuel credit determined with respect to the taxpayer for the taxable year under section #dj;,b7a74 4 7f7 ,effective date ,the amendments made by this section shall apply to fuel sold or used after ,december #ca1 #bjbb4 #acbjd4 ,clean hydrogen 7a7 ,credit for production of clean hydrogen 7#a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new section3 #de,v4 ,credit for production of clean hydrogen 7a7 ,amount of credit ,for purposes of section #ch1 the clean hydrogen production credit for any taxable year is an amount equal to the product of-- 7#a7 the kilograms of qualified clean hydrogen produced by the taxpayer during such taxable year at a qualified clean hydrogen production facility during the #aj-year period beginning on the date such facility was originally placed in service1 multiplied by 7#b7 the applicable amount 7as determined under subsection 7b77 with respect to such hydrogen4 7b7 ,applicable amount 7#a7 ,in general ,for purposes of subsection 7a77#b71 the applicable amount shall be an amount equal to the applicable percentage of #j4fj4 ,if any amount as determined under the preceding sentence is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent4 7#b7 ,applicable percentage ,for purposes of paragraph 7#a71 the applicable percentage shall be determined as follows3 7,a7 ,in the case of any qualified clean hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of-- 7i7 not greater than #d kilograms of ,,co#b;e per kilogram of hydrogen1 and 7ii7 not less than #b4e kilograms of ,,co#b;e per kilogram of hydrogen1 the applicable percentage shall be #bj percent4 7,b7 ,in the case of any qualified clean hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of-- 7i7 less than #b4e kilograms of ,,co#b;e per kilogram of hydrogen1 and 7ii7 not less than #a4e kilograms of ,,co#b;e per kilogram of hydrogen1 the applicable percentage shall be #be percent4 7,c7 ,in the case of any qualified clean hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of-- 7i7 less than #a4e kilograms of ,,co#b;e per kilogram of hydrogen1 and 7ii7 not less than #j4de kilograms of ,,co#b;e per kilogram of hydrogen1 the applicable percentage shall be #cc4d percent4 7,d7 ,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 #j4de kilograms of ,,co#b;e per kilogram of hydrogen1 the applicable percentage shall be #ajj percent4 7#c7 ,inflation adjustment ,the #j4fj amount in paragraph 7#a7 shall be adjusted by multiplying such amount by the inflation adjustment factor 7as determined under section #de7;e77#b71 determined by substituting #bjbb for #aiib in subparagraph 7,b7 thereof7 for the calendar year in which the qualified clean hydrogen is produced4 ,if any amount as increased under the preceding sentence is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,lifecycle greenhouse gas emissions 7,a7 ,in general ,subject to subparagraph 7,b71 the term #8lifecycle greenhouse gas emissions' has the same meaning given such term under subparagraph 7,h7 of section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a771 as in effect on the date of enactment of this section4 7,b7 ,,greet ,model ,the term lifecycle greenhouse gas emissions shall only include emissions through the point of production 7well-to-gate71 as determined under the most recent ,greenhouse gases1 ,regulated ,emissions1 and ,energy use in ,transportation model 7commonly referred to as the ,,greet model7 developed by ,argonne ,national ,laboratory1 or a successor model 7as determined by the ,secretary74 7#b7 ,qualified clean hydrogen 7,a7 ,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 #d kilograms of ,,co#b;e per kilogram of hydrogen4 7,b7 ,additional requirements ,such term shall not include any hydrogen unless-- 7i7 such hydrogen is produced-- 7,i7 in the ,united ,states 7as defined in section #fch7a77 or a possession of the ,united ,states 7as defined in section #fch7b771 7,,ii7 in the ordinary course of a trade or business of the taxpayer1 and 7,,iii7 for sale or use1 and 7ii7 the production and sale or use of such hydrogen is verified by an unrelated party4 7,c7 ,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 section1 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 hydrogen4 7#c7 ,qualified clean hydrogen production facility ,the term qualified clean hydrogen production facility means a facility-- 7,a7 owned by the taxpayer1 7,b7 which produces qualified clean hydrogen1 and 7,c7 the construction of which begins before ,january #a1 #bjcc4 7d7 ,special rules 7#a7 ,treatment of facilities owned by more than #a taxpayer ,rules similar to the rules section #de7;e77#c7 shall apply for purposes of this section4 7#b7 ,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 #de,q for the taxable year or any prior taxable year4 7e7 ,increased credit amount for qualified clean hydrogen production facilities 7#a7 ,in general ,in the case of any qualified clean hydrogen production facility which satisfies the requirements of paragraph 7#b71 the amount of the credit determined under subsection 7a7 with respect to qualified clean hydrogen described in subsection 7b77#b7 shall be equal to such amount 7determined without regard to this sentence7 multiplied by #e4 7#b7 ,requirements ,a facility meets the requirements of this paragraph if it is one of the following3 7,a7 ,a facility-- 7i7 the construction of which begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#c77;,a7 and 7#d71 and 7ii7 which meets the requirements of paragraph 7#c77;,a7 with respect to alteration or repair of such facility which occurs after such date4 7,b7 ,a facility which satisfies the requirements of paragraphs 7#c77;,a7 and 7#d74 7#c7 ,prevailing wage requirements 7,a7 ,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-- 7i7 the construction of such facility1 and 7ii7 with respect to any taxable year1 for any portion of such taxable year which is within the period described in subsection 7a77#b71 the alteration or repair of such facility1 shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 or repair of a similar character in the locality in which such facility is located as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,for purposes of determining an increased credit amount under paragraph 7#a7 for a taxable year1 the requirement under clause 7ii7 of this subparagraph is applied to such taxable year in which the alteration or repair of qualified facility occurs4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of section #de7;b77#g77;,b7 shall apply4 7#d7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#e7 ,regulations and guidance ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection4 7f7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,secretary shall issue regulations or other guidance to carry out the purposes of this section1 including regulations or other guidance for determining lifecycle greenhouse gas emissions4 4 7#b7 ,credit reduced for tax-exempt bonds ,section #de,v7d71 as added by this section1 is amended by adding at the end the following new paragraph3 7#c7 ,credit reduced for tax-exempt bonds ,rules similar to the rule under section #de7;b77#c7 shall apply for purposes of this section4 4 7#c7 ,modification of existing facilities ,section #de,v7d71 as added and amended by the preceding provisions of this section1 is amended by adding at the end the following new paragraph3 7#d7 ,modification of existing facilities ,for purposes of subsection 7a77#a71 in the case of any facility which-- 7,a7 was originally placed in service before ,january #a1 #bjbc1 and1 prior to the modification described in subparagraph 7,b71 did not produce qualified clean hydrogen1 and 7,b7 after the date such facility was originally placed in service-- 7i7 is modified to produce qualified clean hydrogen1 and 7ii7 amounts paid or incurred with respect to such modification are properly chargeable to capital account of the taxpayer1 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 7,b7 is placed in service4 4 7#d7 ,conforming amendments 7,a7 ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is amended-- 7i7 in paragraph 7#cd71 by striking plus at the end1 7ii7 in paragraph 7#ce71 by striking the period at the end and inserting 1 plus1 and 7iii7 by adding at the end the following new paragraph3 7#cf7 the clean hydrogen production credit determined under section #de,v7a74 4 7,b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new item3 ,sec4 #de,v4 ,credit for production of clean hydrogen4 4 7#e7 ,effective dates 7,a7 ,in general ,the amendments made by paragraphs 7#a7 and 7#d7 of this subsection shall apply to hydrogen produced after ,december #ca1 #bjbb4 7,b7 ,credit reduced for tax-exempt bonds ,the amendment made by paragraph 7#b7 shall apply to facilities the construction of which begins after the date of enactment of this ,act4 7,c7 ,modification of existing facilities ,the amendment made by paragraph 7#c7 shall apply to modifications made after ,december #ca1 #bjbb4 7b7 ,credit for electricity produced from renewable resources allowed if electricity is used to produce clean hydrogen 7#a7 ,in general ,section #de7;e71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#ac7 ,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-- 7,a7 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 7as defined in section #de,v7c77#c77 to produce qualified clean hydrogen 7as defined in section #de,v7c77#b771 and 7,b7 such use and production is verified 7in such form or manner as the ,secretary may prescribe7 by an unrelated third party4 4 7#b7 ,similar rule for zero-emission nuclear power production credit ,subsection 7c77#b7 of section #de,u1 as added by section #acaje of this ,act1 is amended by striking and 7#e7 and inserting 7#e71 and 7#ac74 7#c7 ,effective date ,the amendments made by this subsection shall apply to electricity produced after ,december #ca1 #bjbb4 7c7 ,election to treat clean hydrogen production facilities as energy property 7#a7 ,in general ,section #dh7;a71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 by redesignating paragraph 7#ae7 as paragraph 7#af71 and 7,b7 by inserting after paragraph 7#ad7 the following new paragraph3 7#ae7 ,election to treat clean hydrogen production facilities as energy property 7,a7 ,in general ,in the case of any qualified property 7as defined in paragraph 7#e77;,d77 which is part of a specified clean hydrogen production facility-- 7i7 such property shall be treated as energy property for purposes of this section1 and 7ii7 the energy percentage with respect to such property is-- 7,i7 in the case of a facility which is designed and reasonably expected to produce qualified clean hydrogen which is described in a subparagraph 7,a7 of section #de,v7b77#b71 #a4b percent1 7,,ii7 in the case of a facility which is designed and reasonably expected to produce qualified clean hydrogen which is described in a subparagraph 7,b7 of such section1 #a4e percent1 7,,iii7 in the case of a facility which is designed and reasonably expected to produce qualified clean hydrogen which is described in a subparagraph 7,c7 of such section1 #b percent1 and 7,,iv7 in the case of a facility which is designed and reasonably expected to produce qualified clean hydrogen which is described in subparagraph 7,d7 of such section1 #f percent4 7,b7 ,denial of production credit ,no credit shall be allowed under section #de,v or section #de,q for any taxable year with respect to any specified clean hydrogen production facility or any carbon capture equipment included at such facility4 7,c7 ,specified clean hydrogen production facility ,for purposes of this paragraph1 the term specified clean hydrogen production facility means any qualified clean hydrogen production facility 7as defined in section #de,v7c77#c77-- 7i7 which is placed in service after ,december #ca1 #bjbb1 7ii7 with respect to which-- 7,i7 no credit has been allowed under section #de,v or #de,q1 and 7,,ii7 the taxpayer makes an irrevocable election to have this paragraph apply1 and 7iii7 for which an unrelated third party has verified 7in such form or manner as the ,secretary may prescribe7 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 7,a77ii74 7,d7 ,qualified clean hydrogen ,for purposes of this paragraph1 the term qualified clean hydrogen has the meaning given such term by section #de,v7c77#b74 7,e7 ,regulations ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this section1 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 7or all of the credit so allowed in the absence of such verification74 4 7#b7 ,conforming amendment ,paragraph 7#i77;,a77i7 of section #dh7;a71 as added by section #acajb1 is amended by inserting and paragraph 7#ae7 after paragraphs 7#a7 through 7#h74 7#c7 ,effective date ,the amendments made by this subsection shall apply to property placed in service after ,december #ca1 #bjbb1 and1 for any property the construction of which begins prior to ,january #a1 #bjbc1 only to the extent of the basis thereof attributable to the construction1 reconstruction1 or erection after ,december #ca1 #bjbb4 7d7 ,termination of excise tax credit for hydrogen 7#a7 ,in general ,section #fdbf7;d77#b7 is amended by striking subparagraph 7,d7 and by redesignating subparagraphs 7,e71 7,f71 and 7,g7 as subparagraphs 7,d71 7,e71 and 7,f71 respectively4 7#b7 ,conforming amendment ,section #fdbf7;e77#b7 is amended by striking 7,f7 and inserting 7,e74 7#c7 ,effective date ,the amendments made by this subsection shall apply to fuel sold or used after ,december #ca1 #bjbb4 #c ,clean energy and efficiency incentives for individuals #accja4 ,extension1 increase1 and modifications of nonbusiness energy property credit 7a7 ,extension of credit ,section #be;,c7g77#b7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjcb4 7b7 ,allowance of credit ,section #be;,c7a7 is amended to read as follows3 7a7 ,allowance of credit ,in the case of an individual1 there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to #cj percent of the sum of-- 7#a7 the amount paid or incurred by the taxpayer for qualified energy efficiency improvements installed during such taxable year1 and 7#b7 the amount of the residential energy property expenditures paid or incurred by the taxpayer during such taxable year4 4 7c7 ,application of annual limitation in lieu of lifetime limitation ,section #be;,c7b7 is amended to read as follows3 7b7 ,limitations 7#a7 ,in general ,the credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed #a1bjj4 7#b7 ,energy property ,the credit allowed under this section by reason of subsection 7a77#b7 with respect to any taxpayer for any taxable year shall not exceed1 with respect to any item of qualified energy property1 #fjj4 7#c7 ,windows ,the credit allowed under this section by reason of subsection 7a77#a7 with respect to any taxpayer for any taxable year shall not exceed1 in the aggregate with respect to all exterior windows and skylights1 #fjj4 7#d7 ,doors ,the credit allowed under this section by reason of subsection 7a77#a7 with respect to any taxpayer for any taxable year shall not exceed-- 7,a7 #bej in the case of any exterior door1 and 7,b7 #ejj in the aggregate with respect to all exterior doors4 7#e7 ,heat pump and heat pump water heaters2 biomass stoves and boilers ,notwithstanding paragraphs 7#a7 and 7#b71 the credit allowed under this section by reason of subsection 7a77#b7 with respect to any taxpayer for any taxable year shall not1 in the aggregate1 exceed #b1jjj with respect to amounts paid or incurred for property described in clauses 7i7 and 7ii7 of subsection 7d77#b77;,a7 and in subsection 7d77#b77;,b74 4 7d7 ,modifications related to qualified energy efficiency improvements 7#a7 ,standards for energy efficient building envelope components ,section #be;,c7c77#b7 is amended by striking meets-- and all that follows through the period at the end and inserting the following3 meets-- 7,a7 in the case of an exterior window or skylight1 ,energy ,star most efficient certification requirements1 7,b7 in the case of an exterior door1 applicable ,energy ,star requirements1 and 7,c7 in the case of any other component1 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 #b years prior to the calendar year in which such component is placed in service4 4 7#b7 ,roofs not treated as building envelope components ,section #be;,c7c77#c7 is amended by adding and at the end of subparagraph 7,b71 by striking 1 and at the end of subparagraph 7,c7 and inserting a period1 and by striking subparagraph 7,d74 7#c7 ,air sealing insulation added to definition of building envelope component ,section #be;,c7c77#c77;,a7 is amended by inserting 1 including air sealing material or system1 after material or system4 7e7 ,modification of residential energy property expenditures ,section #be;,c7d7 is amended to read as follows3 7d7 ,residential energy property expenditures ,for purposes of this section-- 7#a7 ,in general ,the term residential energy property expenditures means expenditures made by the taxpayer for qualified energy property which is-- 7,a7 installed on or in connection with a dwelling unit located in the ,united ,states and used as a residence by the taxpayer1 and 7,b7 originally placed in service by the taxpayer4 ,such term includes expenditures for labor costs properly allocable to the onsite preparation1 assembly1 or original installation of the property4 7#b7 ,qualified energy property ,the term qualified energy property means any of the following3 7,a7 ,any of the following which meet or exceed the highest efficiency tier 7not including any advanced tier7 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 service3 7i7 ,an electric or natural gas heat pump water heater4 7ii7 ,an electric or natural gas heat pump4 7iii7 ,a central air conditioner4 7iv7 ,a natural gas1 propane1 or oil water heater4 7v7 ,a natural gas1 propane1 or oil furnace or hot water boiler4 7,b7 ,a biomass stove or boiler which-- 7i7 uses the burning of biomass fuel to heat a dwelling unit located in the ,united ,states and used as a residence by the taxpayer1 or to heat water for use in such a dwelling unit1 and 7ii7 has a thermal efficiency rating of at least #ge percent 7measured by the higher heating value of the fuel74 7,c7 ,any oil furnace or hot water boiler which-- 7i7 is placed in service after ,december #ca1 #bjbb1 and before ,january #a1 #bjbg1 and-- 7,i7 meets or exceeds #bjba ,energy ,star efficiency criteria1 and 7,,ii7 is rated by the manufacturer for use with fuel blends at least #bj percent of the volume of which consists of an eligible fuel1 or 7ii7 is placed in service after ,december #ca1 #bjbf1 and-- 7,i7 achieves an annual fuel utilization efficiency rate of not less than #ij1 and 7,,ii7 is rated by the manufacturer for use with fuel blends at least #ej percent of the volume of which consists of an eligible fuel4 7,d7 ,any improvement to1 or replacement of1 a panelboard1 sub-panelboard1 branch circuits1 or feeders which-- 7i7 is installed in a manner consistent with the ,national ,electric ,code1 7ii7 has a load capacity of not less than #bjj amps1 7iii7 is installed in conjunction with-- 7,i7 any qualified energy efficiency improvements1 or 7,,ii7 any qualified energy property described in subparagraphs 7,a7 through 7,c7 for which a credit is allowed under this section for expenditures with respect to such property1 and 7iv7 enables the installation and use of any property described in subclause 7,i7 or 7,,ii7 of clause 7iii74 7#c7 ,eligible fuel ,for purposes of paragraph 7#b71 the term eligible fuel means-- 7,a7 biodiesel and renewable diesel 7within the meaning of section #dj;,a71 and 7,b7 second generation biofuel 7within the meaning of section #dj74 4 7f7 ,home energy audits 7#a7 ,in general ,section #be;,c7a71 as amended by subsection 7b71 is amended by striking and at the end of paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#c7 the amount paid or incurred by the taxpayer during the taxable year for home energy audits4 4 7#b7 ,limitation ,section #be;,c7b71 as amended by subsection 7c71 is amended adding at the end the following new paragraph3 7#f7 ,home energy audits 7,a7 ,dollar limitation ,the amount of the credit allowed under this section by reason of subsection 7a77#c7 shall not exceed #aej4 7,b7 ,substantiation requirement ,no credit shall be allowed under this section by reason of subsection 7a77#c7 unless the taxpayer includes with the taxpayer's return of tax such information or documentation as the ,secretary may require4 4 7#c7 ,home energy audits 7,a7 ,in general ,section #be;,c is amended by redesignating subsections 7e71 7f71 and 7g71 as subsections 7f71 7g71 and 7h71 respectively1 and by inserting after subsection 7d7 the following new subsection3 7e7 ,home energy audits ,for purposes of this section1 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 7within the meaning of section #aba7 which-- 7#a7 identifies the most significant and cost-effective energy efficiency improvements with respect to such dwelling unit1 including an estimate of the energy and cost savings with respect to each such improvement1 and 7#b7 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 7as prescribed by the ,secretary not later than #cfe days after the date of the enactment of this subsection74 4 7,b7 ,conforming amendment ,section #ajaf7;a77#cc7 is amended by striking section #be;,c7f7 and inserting section #be;,c7g74 7#d7 ,lack of substantiation treated as mathematical or clerical error ,section #fbac7;g77#b7 is amended-- 7,a7 in subparagraph 7,p71 by striking and at the end1 7,b7 in subparagraph 7,q71 by striking the period at the end and inserting 1 and1 and 7,c7 by inserting after subparagraph 7,q7 the following3 7,r7 an omission of information or documentation required under section #be;,c7b77#f77;,b7 7relating to home energy audits7 to be included on a return4 4 7g7 ,identification number requirement 7#a7 ,in general ,section #be;,c1 as amended by this section1 is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,product identification number requirement 7#a7 ,in general ,no credit shall be allowed under subsection 7a7 with respect to any item of specified property placed in service after ,december #ca1 #bjbd1 unless-- 7,a7 such item is produced by a qualified manufacturer1 and 7,b7 the taxpayer includes the qualified product identification number of such item on the return of tax for the taxable year4 7#b7 ,qualified product identification number ,for purposes of this section1 the term qualified product identification number means1 with respect to any item of specified property1 the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph 7#c74 7#c7 ,qualified manufacturer ,for purposes of this section1 the term qualified manufacturer means any manufacturer of specified property which enters into an agreement with the ,secretary which provides that such manufacturer will-- 7,a7 assign a product identification number to each item of specified property produced by such manufacturer utilizing a methodology that will ensure that such number 7including any alphanumeric7 is unique to each such item 7by utilizing numbers or letters which are unique to such manufacturer or by such other method as the ,secretary may provide71 7,b7 label such item with such number in such manner as the ,secretary may provide1 and 7,c7 make periodic written reports to the ,secretary 7at such times and in such manner as the ,secretary may provide7 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 assigned4 7#d7 ,specified property ,for purposes of this subsection1 the term specified property means any qualified energy property and any property described in subparagraph 7,b7 or 7,c7 of subsection 7c77#c74 4 7#b7 ,omission of correct product identification number treated as mathematical or clerical error ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in subparagraph 7,q71 by striking and at the end1 7,b7 in subparagraph 7,r71 by striking the period at the end and inserting 1 and1 and 7,c7 by inserting after subparagraph 7,r7 the following3 7,s7 an omission of a correct product identification number required under section #be;,c7h7 7relating to credit for nonbusiness energy property7 to be included on a return4 4 7h7 ,energy ,efficient ,home ,improvement ,credit 7#a7 ,in general ,the heading for section #be;,c is amended by striking ,nonbusiness energy property and inserting ,energy efficient home improvement credit4 7#b7 ,clerical amendment ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a is amended by striking the item relating to section #be;,c and inserting after the item relating to section #be;,b the following item3 ,sec4 #be;,c4 ,energy efficient home improvement credit4 4 7i7 ,effective dates 7#a7 ,in general ,except as otherwise provided by this subsection1 the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbb4 7#b7 ,extension of credit ,the amendments made by subsection 7a7 shall apply to property placed in service after ,december #ca1 #bjba4 7#c7 ,identification number requirement ,the amendments made by subsection 7g7 shall apply to property placed in service after ,december #ca1 #bjbd4 #accjb4 ,residential clean energy credit 7a7 ,extension of credit 7#a7 ,in general ,section #be;,d7h7 is amended by striking ,december #ca1 #bjbc and inserting ,december #ca1 #bjcd4 7#b7 ,application of phaseout ,section #be;,d7g7 is amended-- 7,a7 in paragraph 7#b71 by striking before ,january #a1 #bjbc1 #bf percent1 and and inserting before ,january #a1 #bjbb1 #bf percent11 and 7,b7 by striking paragraph 7#c7 and by inserting after paragraph 7#b7 the following new paragraphs3 7#c7 in the case of property placed in service after ,december #ca1 #bjba1 and before ,january #a1 #bjcc1 #cj percent1 7#d7 in the case of property placed in service after ,december #ca1 #bjcb1 and before ,january #a1 #bjcd1 #bf percent1 and 7#e7 in the case of property placed in service after ,december #ca1 #bjcc1 and before ,january #a1 #bjce1 #bb percent4 4 7b7 ,residential clean energy credit for battery storage technology2 certain expenditures disallowed 7#a7 ,allowance of credit ,paragraph 7#f7 of section #be;,d7a7 is amended to read as follows3 7#f7 the qualified battery storage technology expenditures1 4 7#b7 ,definition of qualified battery storage technology expenditure ,paragraph 7#f7 of section #be;,d7d7 is amended to read as follows3 7#f7 ,qualified battery storage technology expenditure ,the term qualified battery storage technology expenditure means an expenditure for battery storage technology which-- 7,a7 is installed in connection with a dwelling unit located in the ,united ,states and used as a residence by the taxpayer1 and 7,b7 has a capacity of not less than #c kilowatt hours4 4 7c7 ,conforming amendments 7#a7 ,section #be;,d7d77#c7 is amended by inserting 1 without regard to subparagraph 7,d7 thereof after section #dh7;c77#a74 7#b7 ,the heading for section #be;,d is amended by striking energy efficient property and inserting clean energy credit4 7#c7 ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a is amended by striking the item relating to section #be;,d and inserting the following3 ,sec4 #be;,d4 ,residential clean energy credit4 4 7d7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to expenditures made after ,december #ca1 #bjba4 7#b7 ,residential clean energy credit for battery storage technology2 certain expenditures disallowed ,the amendments made by subsection 7b7 shall apply to expenditures made after ,december #ca1 #bjbb4 #accjc4 ,energy efficient commercial buildings deduction 7a7 ,in general 7#a7 ,maximum amount of deduction ,subsection 7b7 of section #agi;,d is amended to read as follows3 7b7 ,maximum amount of deduction 7#a7 ,in general ,the deduction under subsection 7a7 with respect to any building for any taxable year shall not exceed the excess 7if any7 of-- 7,a7 the product of-- 7i7 the applicable dollar value1 and 7ii7 the square footage of the building1 over 7,b7 the aggregate amount of the deductions under subsections 7a7 and 7f7 with respect to the building for the #c taxable years immediately preceding such taxable year 7or1 in the case of any such deduction allowable to a person other than the taxpayer1 for any taxable year ending during the #d-taxable-year period ending with such taxable year74 7#b7 ,applicable dollar value ,for purposes of paragraph 7#a77;,a77i71 the applicable dollar value shall be an amount equal to #j4ej increased 7but not above #a4jj7 by #j4jb 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 #be percent4 7#c7 ,increased deduction amount for certain property 7,a7 ,in general ,in the case of any property which satisfies the requirements of subparagraph 7,b71 paragraph 7#b7 shall be applied by substituting #b4ej for #j4ej1 4#aj for 4#jb1 and #e4jj for #a4jj4 7,b7 ,property requirements ,in the case of any energy efficient commercial building property1 energy efficient building retrofit property1 or property installed pursuant to a qualified retrofit plan1 such property shall meet the requirements of this subparagraph if -- 7i7 installation of such property begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#d77;,a7 and 7#e71 or 7ii7 installation of such property satisfies the requirements of paragraphs 7#d77;,a7 and 7#e74 7#d7 ,prevailing wage requirements 7,a7 ,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 construction1 alteration1 or repair of a similar character in the locality in which such property is located as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of section #de7;b77#g77;,b7 shall apply4 7#e7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#f7 ,regulations ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection4 4 7#b7 ,modification of efficiency standard ,section #agi;,d7c77#a77;,d7 is amended by striking #ej percent and inserting #be percent4 7#c7 ,reference ,standard ,section #agi;,d7c77#b7 is amended by striking the most recent and inserting the following3 the more recent of-- 7,a7 ,standard #ij4a-bjjg published by the ,american ,society of ,heating1 ,refrigerating1 and ,air ,conditioning ,engineers and the ,illuminating ,engineering ,society of ,north ,america1 or 7,b7 the most recent 4 7#d7 ,final determination2 extension of period2 placed in service deadline ,subparagraph 7,b7 of section #agi;,d7c77#b71 as amended by paragraph 7#c71 is amended-- 7,a7 by inserting for which the ,department of ,energy has issued a final determination and before which has been affirmed1 7,b7 by striking #b years and inserting #d years1 and 7,c7 by striking that construction of such property begins and inserting such property is placed in service4 7#e7 ,elimination of partial allowance 7,a7 ,in general ,section #agi;,d7d7 is amended-- 7i7 by striking paragraph 7#a71 and 7ii7 by redesignating paragraphs 7#b7 through 7#f7 as paragraphs 7#a7 through 7#e71 respectively4 7,b7 ,conforming amendments 7i7 ,section #agi;,d7c77#a77;,d7 is amended-- 7,i7 by striking subsection 7d77#f7 and inserting subsection 7d77#e71 and 7,,ii7 by striking subsection 7d77#b7 and inserting subsection 7d77#a74 7ii7 ,paragraph 7#b77;,a7 of section #agi;,d7d71 as redesignated by subparagraph 7,a71 is amended by striking paragraph 7#b7 and inserting paragraph 7#a74 7iii7 ,paragraph 7#d7 of section #agi;,d7d71 as redesignated by subparagraph 7,a71 is amended by striking paragraph 7#c77;,b77iii7 and inserting paragraph 7#b77;,b77iii74 7iv7 ,section #agi;,d is amended by striking subsection 7f74 7v7 ,section #agi;,d7h7 is amended by striking or 7d77#a77;,a74 7#f7 ,allocation of deduction by certain tax-exempt entities ,paragraph 7#c7 of section #agi;,d7d71 as redesignated by paragraph 7#e77;,a71 is amended to read as follows3 7#c7 ,allocation of deduction by certain tax-exempt entities 7,a7 ,in general ,in the case of energy efficient commercial building property installed on or in property owned by a specified tax-exempt entity1 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 property4 ,such person shall be treated as the taxpayer for purposes of this section4 7,b7 ,specified tax-exempt entity ,for purposes of this paragraph1 the term specified tax-exempt entity means-- 7i7 the ,united ,states1 any ,state or political subdivision thereof1 any possession of the ,united ,states1 or any agency or instrumentality of any of the foregoing1 7ii7 an ,indian tribal government 7as defined in section #cj;,d7g77#i77 or ,alaska ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m771 and 7iii7 any organization exempt from tax imposed by this chapter4 4 7#g7 ,alternative deduction for energy efficient building retrofit property ,section #agi;,d1 as amended by the preceding provisions of this section1 is amended by inserting after subsection 7e7 the following new subsection3 7f7 ,alternative deduction for energy efficient building retrofit property 7#a7 ,in general ,in the case of a taxpayer which elects 7at such time and in such manner as the ,secretary may provide7 the application of this subsection with respect to any qualified building1 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 building1 an amount equal to the lesser of-- 7,a7 the excess described in subsection 7b7 7determined by substituting energy use intensity for total annual energy and power costs in paragraph 7#b7 thereof71 or 7,b7 the aggregate adjusted basis 7determined after taking into account all adjustments with respect to such taxable year other than the reduction under subsection 7e77 of energy efficient building retrofit property placed in service by the taxpayer pursuant to such qualified retrofit plan4 7#b7 ,qualified retrofit plan ,for purposes of this subsection1 the term qualified retrofit plan means a written plan prepared by a qualified professional which specifies modifications to a building which1 in the aggregate1 are expected to reduce such building's energy use intensity by #be percent or more in comparison to the baseline energy use intensity of such building4 ,such plan shall provide for a qualified professional to-- 7,a7 as of any date during the #a-year period ending on the date on which the property installed pursuant to such plan is placed in service1 certify the energy use intensity of such building as of such date1 7,b7 certify the status of property installed pursuant to such plan as meeting the requirements of subparagraphs 7,b7 and 7,c7 of paragraph 7#c71 and 7,c7 as of any date that is more than #a year after the date on which the property installed pursuant to such plan is placed in service1 certify the energy use intensity of such building as of such date4 7#c7 ,energy efficient building retrofit property ,for purposes of this subsection1 the term energy efficient building retrofit property means property-- 7,a7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable1 7,b7 which is installed on or in any qualified building1 7,c7 which is installed as part of-- 7i7 the interior lighting systems1 7ii7 the heating1 cooling1 ventilation1 and hot water systems1 or 7iii7 the building envelope1 and 7,d7 which is certified in accordance with paragraph 7#b77;,b7 as meeting the requirements of subparagraphs 7,b7 and 7,c74 7#d7 ,qualified building ,for purposes of this subsection1 the term qualified building means any building which-- 7,a7 is located in the ,united ,states1 and 7,b7 was originally placed in service not less than #e years before the establishment of the qualified retrofit plan with respect to such building4 7#e7 ,qualifying final certification ,for purposes of this subsection1 the term qualifying final certification means1 with respect to any qualified retrofit plan1 the certification described in paragraph 7#b77;,c7 if the energy use intensity certified in such certification is not more than #ge percent of the baseline energy use intensity of the building4 7#f7 ,baseline energy use intensity 7,a7 ,in general ,for purposes of this subsection1 the term baseline energy use intensity means the energy use intensity certified under paragraph 7#b77;,a71 as adjusted to take into account weather4 7,b7 ,determination of adjustment ,for purposes of subparagraph 7,a71 the adjustments described in such subparagraph shall be determined in such manner as the ,secretary may provide4 7#g7 ,other definitions ,for purposes of this subsection-- 7,a7 ,energy use intensity ,the term energy use intensity means the annualized1 measured site energy use intensity determined in accordance with such regulations or other guidance as the ,secretary may provide and measured in ,british thermal units4 7,b7 ,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 provide4 7#h7 ,coordination with deduction otherwise allowed under subsection 7a7 7,a7 ,in general ,in the case of any building with respect to which an election is made under paragraph 7#a71 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 subsection4 7,b7 ,certain rules not applicable 7i7 ,in general ,except as provided in clause 7ii71 subsection 7d7 shall not apply for purposes of this subsection4 7ii7 ,allocation of deduction by certain tax-exempt entities ,rules similar to subsection 7d77#c7 shall apply for purposes of this subsection4 4 7#h7 ,inflation adjustment ,section #agi;,d7g7 is amended-- 7,a7 by striking #bjbj and inserting #bjbb1 7,b7 by striking or subsection 7d77#a77;,a71 and 7,c7 by striking #bjai and inserting #bjba4 7b7 ,application to real estate investment trust earnings and profits ,section #cab7k77#c77;,b7 is amended-- 7#a7 by striking ,for purposes of computing the earnings and profits of a corporation and inserting the following3 7i7 ,in general ,for purposes of computing the earnings and profits of a corporation1 except as provided in clause 7ii7 1 and 7#b7 by adding at the end the following new clause3 7ii7 ,special rule ,in the case of a corporation that is a real estate investment trust1 any amount deductible under section #agi;,d shall be allowed in the year in which the property giving rise to such deduction is placed in service 7or1 in the case of energy efficient building retrofit property1 the year in which the qualifying final certification is made74 4 7c7 ,conforming amendment ,paragraph 7#a7 of section #agi;,d7d71 as redesignated by subsection 7a77#e77;,a71 is amended by striking not later than the date that is #b years before the date that construction of such property begins and inserting not later than the date that is #d years before the date such property is placed in service4 7d7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 7#b7 ,alternative deduction for energy efficient building retrofit property ,subsection 7f7 of section #agi;,d of the ,internal ,revenue ,code of #aihf 7as amended by this section71 and any other provision of such section solely for purposes of applying such subsection1 shall apply to property placed in service after ,december #ca1 #bjbb 7in taxable years ending after such date7 if such property is placed in service pursuant to qualified retrofit plan 7within the meaning of such section7 established after such date4 #accjd4 ,extension1 increase1 and modifications of new energy efficient home credit 7a7 ,extension of credit ,section #de,l7g7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjcb4 7b7 ,increase in credit amounts ,paragraph 7#b7 of section #de,l7a7 is amended to read as follows3 7#b7 ,applicable amount ,for purposes of paragraph 7#a71 the applicable amount is an amount equal to-- 7,a7 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-- 7i7 which meets the requirements of subsection 7c77#a77;,a7 7and which does not meet the requirements of subsection 7c77#a77;,b771 #b1ejj1 and 7ii7 which meets the requirements of subsection 7c77#a77;,b71 #e1jjj1 and 7,b7 in the case of a dwelling unit which is part of a building eligible to participate in the ,energy ,star ,multifamily ,new ,construction ,program-- 7i7 which meets the requirements of subsection 7c77#a77;,a7 7and which does not meet the requirements of subsection 7c77#a77;,b771 #ejj1 and 7ii7 which meets the requirements of subsection 7c77#a77;,b71 #a1jjj4 4 7c7 ,modification of energy saving requirements ,section #de,l7c7 is amended to read as follows3 7c7 ,energy saving requirements 7#a7 ,in general 7,a7 ,in general ,a dwelling unit meets the requirements of this subparagraph if such dwelling unit meets the requirements of paragraph 7#b7 or 7#c7 7whichever is applicable74 7,b7 ,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 #a1 #bjbc 7or any successor program determined by the ,secretary74 7#b7 ,single-family home requirements ,a dwelling unit meets the requirements of this paragraph if-- 7,a7 such dwelling unit meets-- 7i7 7,i7 in the case of a dwelling unit acquired before ,january #a1 #bjbe1 the ,energy ,star ,single-,family ,new ,homes ,national ,program ,requirements #c4a1 or 7,,ii7 in the case of a dwelling unit acquired after ,december #ca1 #bjbd1 the ,energy ,star ,single-,family ,new ,homes ,national ,program ,requirements #c4b1 and 7ii7 the most recent ,energy ,star ,single-,family ,new ,homes ,program ,requirements applicable to the location of such dwelling unit 7as in effect on the latter of ,january #a1 #bjbc1 or ,january #a of two calendar years prior to the date the dwelling unit was acquired71 or 7,b7 such dwelling unit meets the most recent ,energy ,star ,manufactured ,home ,national program requirements as in effect on the latter of ,january #a1 #bjbc1 or ,january #a of two calendar years prior to the date such dwelling unit is acquired4 7#c7 ,multi-family home requirements ,a dwelling unit meets the requirements of this paragraph if-- 7,a7 such dwelling unit meets the most recent ,energy ,star ,multifamily ,new ,construction ,national ,program ,requirements 7as in effect on either ,january #a1 #bjbc1 or ,january #a of three calendar years prior to the date the dwelling was acquired1 whichever is later71 and 7,b7 such dwelling unit meets the most recent ,energy ,star ,multifamily ,new ,construction ,regional ,program ,requirements applicable to the location of such dwelling unit 7as in effect on either ,january #a1 #bjbc1 or ,january #a of three calendar years prior to the date the dwelling was acquired1 whichever is later74 4 7d7 ,prevailing wage requirement ,section #de,l is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following new subsection3 7g7 ,prevailing wage requirement 7#a7 ,in general ,in the case of a qualifying residence described in subsection 7a77#b77;,b7 meeting the prevailing wage requirements of paragraph 7#b77;,a71 the credit amount allowed with respect to such residence shall be-- 7,a7 #b1ejj in the case of a residence which meets the requirements of subparagraph 7,a7 of subsection 7c77#a7 7and which does not meet the requirements of subparagraph 7,b7 of such subsection71 and 7,b7 #e1jjj in the case of a residence which meets the requirements of subsection 7c77#a77;,b74 7#b7 ,prevailing wage requirements 7,a7 ,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 construction1 alteration1 or repair of a similar character in the locality in which such residence is located as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of section #de7;b77#g77;,b7 shall apply4 7#c7 ,regulations and guidance ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection4 4 7e7 ,basis adjustment ,section #de,l7e7 is amended by inserting after the first sentence the following3 ,this subsection shall not apply for purposes of determining the adjusted basis of any building under section #db44 7f7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to dwelling units acquired after ,december #ca1 #bjbb4 7#b7 ,extension of credit ,the amendments made by subsection 7a7 shall apply to dwelling units acquired after ,december #ca1 #bjba4 #d ,clean ,vehicles #acdja4 ,clean vehicle credit 7a7 ,per vehicle dollar limitation ,section #cj;,d7b7 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,critical minerals ,in the case of a vehicle with respect to which the requirement described in subsection 7e77#a77;,a7 is satisfied1 the amount determined under this paragraph is #c1gej4 7#c7 ,battery components ,in the case of a vehicle with respect to which the requirement described in subsection 7e77#b77;,a7 is satisfied1 the amount determined under this paragraph is #c1gej4 4 7b7 ,final assembly ,section #cj;,d7d7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,e71 by striking and at the end1 7,b7 in subparagraph 7,f77ii71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7,g7 the final assembly of which occurs within ,north ,america4 1 7#b7 by adding at the end the following3 7#e7 ,final assembly ,for purposes of paragraph 7#a77;,g71 the term final assembly means the process by which a manufacturer produces a new clean vehicle at1 or through the use of1 a plant1 factory1 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 vehicle1 whether or not the component parts are permanently installed in or on the vehicle4 4 7c7 ,definition of new clean vehicle 7#a7 ,in general ,section #cj;,d7d71 as amended by the preceding provisions of this section1 is amended-- 7,a7 in the heading1 by striking qualified plug-in electric drive motor and inserting clean1 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking qualified plug-in electric drive motor and inserting clean1 7ii7 in subparagraph 7,c71 by inserting qualified before manufacturer1 7iii7 in subparagraph 7,f7-- 7,i7 in clause 7i71 by striking #d and inserting #g1 and 7,,ii7 in clause 7ii71 by striking and at the end1 7iv7 in subparagraph 7,g71 by striking the period at the end and inserting 1 and1 and 7v7 by adding at the end the following3 7,h7 for which the person who sells any vehicle to the taxpayer furnishes a report to the taxpayer and to the ,secretary1 at such time and in such manner as the ,secretary shall provide1 containing-- 7i7 the name and taxpayer identification number of the taxpayer1 7ii7 the vehicle identification number of the vehicle1 unless1 in accordance with any applicable rules promulgated by the ,secretary of ,transportation1 the vehicle is not assigned such a number1 7iii7 the battery capacity of the vehicle1 7iv7 verification that original use of the vehicle commences with the taxpayer1 and 7v7 the maximum credit under this section allowable to the taxpayer with respect to the vehicle4 1 7,c7 in paragraph 7#c7-- 7i7 in the heading1 by striking ,manufacturer and inserting ,qualified manufacturer1 7ii7 by striking ,the term manufacturer has the meaning given such term in and inserting ,the term qualified manufacturer means any manufacturer 7within the meaning of the1 and 7iii7 by inserting 7 which enters into a written agreement with the ,secretary under which such manufacturer agrees to make periodic written reports to the ,secretary 7at such times and in such manner as the ,secretary may provide7 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 end1 and 7,d7 by adding at the end the following3 7#f7 ,new qualified fuel cell motor vehicle ,for purposes of this section1 the term new clean vehicle shall include any new qualified fuel cell motor vehicle 7as defined in section #cj;,b7b77#c77 which meets the requirements under subparagraphs 7,g7 and 7,h7 of paragraph 7#a74 4 7#b7 ,conforming amendments ,section #cj;,d is amended-- 7,a7 in subsection 7a71 by striking new qualified plug-in electric drive motor vehicle and inserting new clean vehicle1 and 7,b7 in subsection 7b77#a71 by striking new qualified plug-in electric drive motor vehicle and inserting new clean vehicle4 7d7 ,elimination of limitation on number of vehicles eligible for credit ,section #cj;,d is amended by striking subsection 7e74 7e7 ,critical mineral and battery component requirements 7#a7 ,in general ,section #cj;,d1 as amended by the preceding provisions of this section1 is amended by inserting after subsection 7d7 the following3 7e7 ,critical mineral and battery component requirements 7#a7 ,critical minerals requirement 7,a7 ,in general ,the requirement described in this subparagraph with respect to a vehicle is that1 with respect to the battery from which the electric motor of such vehicle draws electricity1 the percentage of the value of the applicable critical minerals 7as defined in section #de,x7c77#f77 contained in such battery that were-- 7i7 extracted or processed-- 7,i7 in the ,united ,states1 or 7,,ii7 in any country with which the ,united ,states has a free trade agreement in effect1 or 7ii7 recycled in ,north ,america1 is equal to or greater than the applicable percentage 7as certified by the qualified manufacturer1 in such form or manner as prescribed by the ,secretary74 7,b7 ,applicable percentage ,for purposes of subparagraph 7,a71 the applicable percentage shall be-- 7i7 in the case of a vehicle placed in service after the date on which the proposed guidance described in paragraph 7#c77;,b7 is issued by the ,secretary and before ,january #a1 #bjbd1 #dj percent1 7ii7 in the case of a vehicle placed in service during calendar year #bjbd1 #ej percent1 7iii7 in the case of a vehicle placed in service during calendar year #bjbe1 #fj percent1 7iv7 in the case of a vehicle placed in service during calendar year #bjbf1 #gj percent1 and 7v7 in the case of a vehicle placed in service after ,december #ca1 #bjbf1 #hj percent4 7#b7 ,battery components 7,a7 ,in general ,the requirement described in this subparagraph with respect to a vehicle is that1 with respect to the battery from which the electric motor of such vehicle draws electricity1 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 7as certified by the qualified manufacturer1 in such form or manner as prescribed by the ,secretary74 7,b7 ,applicable percentage ,for purposes of subparagraph 7,a71 the applicable percentage shall be-- 7i7 in the case of a vehicle placed in service after the date on which the proposed guidance described in paragraph 7#c77;,b7 is issued by the ,secretary and before ,january #a1 #bjbd1 #ej percent1 7ii7 in the case of a vehicle placed in service during calendar year #bjbd or #bjbe1 #fj percent1 7iii7 in the case of a vehicle placed in service during calendar year #bjbf1 #gj percent1 7iv7 in the case of a vehicle placed in service during calendar year #bjbg1 #hj percent1 7v7 in the case of a vehicle placed in service during calendar year #bjbh1 #ij percent1 7vi7 in the case of a vehicle placed in service after ,december #ca1 #bjbh1 #ajj percent4 7#c7 ,regulations and guidance 7,a7 ,in general ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection4 7,b7 ,deadline for proposed guidance ,not later than ,december #ca1 #bjbb1 the ,secretary shall issue proposed guidance with respect to the requirements under this subsection4 4 7#b7 ,excluded entities ,section #cj;,d7d71 as amended by the preceding provisions of this section1 is amended by adding at the end the following3 7#g7 ,excluded entities ,for purposes of this section1 the term new clean vehicle shall not include-- 7,a7 any vehicle placed in service after ,december #ca1 #bjbd1 with respect to which any of the applicable critical minerals contained in the battery of such vehicle 7as described in subsection 7e77#a77;,a77 were extracted1 processed1 or recycled by a foreign entity of concern 7as defined in section #djbjg7;a77#e7 of the ,infrastructure ,investment and ,jobs ,act 7#db ,u4,s4,c4 #ahgda7;a77#e7771 or 7,b7 any vehicle placed in service after ,december #ca1 #bjbc1 with respect to which any of the components contained in the battery of such vehicle 7as described in subsection 7e77#b77;,a77 were manufactured or assembled by a foreign entity of concern 7as so defined74 4 7f7 ,special rules ,section #cj;,d7f7 is amended by adding at the end the following3 7#h7 ,one credit per vehicle ,in the case of any vehicle1 the credit described in subsection 7a7 shall only be allowed once with respect to such vehicle1 as determined based upon the vehicle identification number of such vehicle4 7#i7 ,,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 year4 7#aj7 ,limitation based on modified adjusted gross income 7,a7 ,in general ,no credit shall be allowed under subsection 7a7 for any taxable year if-- 7i7 the lesser of-- 7,i7 the modified adjusted gross income of the taxpayer for such taxable year1 or 7,,ii7 the modified adjusted gross income of the taxpayer for the preceding taxable year1 exceeds 7ii7 the threshold amount4 7,b7 ,threshold amount ,for purposes of subparagraph 7,a77ii71 the threshold amount shall be-- 7i7 in the case of a joint return or a surviving spouse 7as defined in section #b7;a771 #cjj1jjj1 7ii7 in the case of a head of household 7as defined in section #b7;b771 #bbe1jjj1 and 7iii7 in the case of a taxpayer not described in clause 7i7 or 7ii71 #aej1jjj4 7,c7 ,modified adjusted gross income ,for purposes of this paragraph1 the term #8modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section #iaa1 #ica1 or #icc4 7#aa7 ,manufacturer's suggested retail price limitation 7,a7 ,in general ,no credit shall be allowed under subsection 7a7 for a vehicle with a manufacturer's suggested retail price in excess of the applicable limitation4 7,b7 ,applicable limitation ,for purposes of subparagraph 7,a71 the applicable limitation for each vehicle classification is as follows3 7i7 ,vans ,in the case of a van1 #hj1jjj4 7ii7 ,sport ,utility ,vehicles ,in the case of a sport utility vehicle1 #hj1jjj4 7iii7 ,pickup ,trucks ,in the case of a pickup truck1 #hj1jjj4 7iv7 ,other ,in the case of any other vehicle1 #ee1jjj4 7,c7 ,regulations and guidance ,for purposes of this paragraph1 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 vehicles4 4 7g7 ,transfer of credit 7#a7 ,in general ,section #cj;,d is amended by striking subsection 7g7 and inserting the following3 7g7 ,transfer of credit 7#a7 ,in general ,subject to such regulations or other guidance as the ,secretary determines necessary1 if the taxpayer who acquires a new clean vehicle elects the application of this subsection with respect to such vehicle1 the credit which would 7but for this subsection7 be allowed to such taxpayer with respect to such vehicle shall be allowed to the eligible entity specified in such election 7and not to such taxpayer74 7#b7 ,eligible entity ,for purposes of this subsection1 the term eligible entity means1 with respect to the vehicle for which the credit is allowed under subsection 7a71 the dealer which sold such vehicle to the taxpayer and has-- 7,a7 subject to paragraph 7#d71 registered with the ,secretary for purposes of this paragraph1 at such time1 and in such form and manner1 as the ,secretary may prescribe1 7,b7 prior to the election described in paragraph 7#a7 and not later than at the time of such sale1 disclosed to the taxpayer purchasing such vehicle-- 7i7 the manufacturer's suggested retail price1 7ii7 the value of the credit allowed and any other incentive available for the purchase of such vehicle1 and 7iii7 the amount provided by the dealer to such taxpayer as a condition of the election described in paragraph 7#a71 7,c7 not later than at the time of such sale1 made payment to such taxpayer 7whether in cash or in the form of a partial payment or down payment for the purchase of such vehicle7 in an amount equal to the credit otherwise allowable to such taxpayer1 and 7,d7 with respect to any incentive otherwise available for the purchase of a vehicle for which a credit is allowed under this section1 including any incentive in the form of a rebate or discount provided by the dealer or manufacturer1 ensured that-- 7i7 the availability or use of such incentive shall not limit the ability of a taxpayer to make an election described in paragraph 7#a71 and 7ii7 such election shall not limit the value or use of such incentive4 7#c7 ,timing ,an election described in paragraph 7#a7 shall be made by the taxpayer not later than the date on which the vehicle for which the credit is allowed under subsection 7a7 is purchased4 7#d7 ,revocation of registration ,upon determination by the ,secretary that a dealer has failed to comply with the requirements described in paragraph 7#b71 the ,secretary may revoke the registration 7as described in subparagraph 7,a7 of such paragraph7 of such dealer4 7#e7 ,tax treatment of payments ,with respect to any payment described in paragraph 7#b77;,c71 such payment-- 7,a7 shall not be includible in the gross income of the taxpayer1 and 7,b7 with respect to the dealer1 shall not be deductible under this title4 7#f7 ,application of certain other requirements ,in the case of any election under paragraph 7#a7 with respect to any vehicle-- 7,a7 the requirements of paragraphs 7#a7 and 7#b7 of subsection 7f7 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 taxpayer1 7,b7 paragraph 7#f7 of such subsection shall not apply1 and 7,c7 the requirement of paragraph 7#i7 of such subsection 7f7 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 provide4 7#g7 ,advance payment to registered dealers 7,a7 ,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 7a7 with respect to any vehicles sold by such entity for which an election described in paragraph 7#a7 has been made4 7,b7 ,excessive payments ,rules similar to the rules of section #fdag7;d77#f7 shall apply for purposes of this paragraph4 7,c7 ,treatment of advance payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under subparagraph 7,a7 shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7#h7 ,dealer ,for purposes of this subsection1 the term dealer means a person licensed by a ,state1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 any other territory or possession of the ,united ,states1 an ,indian tribal government1 or any ,alaska ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m77 to engage in the sale of vehicles4 7#i7 ,indian tribal government ,for purposes of this subsection1 the term ,indian tribal government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this subsection pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#aj7 ,recapture ,in the case of any taxpayer who has made an election described in paragraph 7#a7 with respect to a new clean vehicle and received a payment described in paragraph 7#b77;,c7 from an eligible entity1 if the credit under subsection 7a7 would otherwise 7but for this subsection7 not be allowable to such taxpayer pursuant to the application of subsection 7f77#aj71 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 taxpayer4 4 7#b7 ,conforming amendments ,section #cj;,d1 as amended by the preceding provisions of this section1 is amended-- 7,a7 in subsection 7d77#a77;,h7 of such section-- 7i7 in clause 7iv71 by striking and at the end1 7ii7 in clause 7v71 by striking the period at the end and inserting 1 and1 and 7iii7 by adding at the end the following3 7vi7 in the case of a taxpayer who makes an election under subsection 7g77#a71 any amount described in subsection 7g77#b77;,c7 which has been provided to such taxpayer4 1 and 7,b7 in subsection 7f7-- 7i7 by striking paragraph 7#c71 and 7ii7 in paragraph 7#h71 by inserting 1 including any vehicle with respect to which the taxpayer elects the application of subsection 7g7 before the period at the end4 7h7 ,termination ,section #cj;,d is amended by adding at the end the following3 7h7 ,termination ,no credit shall be allowed under this section with respect to any vehicle placed in service after ,december #ca1 #bjcb4 4 7i7 ,additional conforming amendments 7#a7 ,the heading of section #cj;,d is amended by striking ,new qualified plug-in electric drive motor vehicles and inserting ,clean vehicle credit4 7#b7 ,section #cj;,b is amended-- 7,a7 in subsection 7h77#h71 by striking 1 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 vehicle1 and 7,b7 by striking subsection 7i74 7#c7 ,section #ch7;b77#cj7 is amended by striking qualified plug-in electric drive motor and inserting clean4 7#d7 ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in subparagraph 7,r71 by striking and at the end1 7,b7 in subparagraph 7,s71 by striking the period at the end and inserting 1 and1 and 7,c7 by inserting after subparagraph 7,s7 the following3 7,t7 an omission of a correct vehicle identification number required under section #cj;,d7f77#i7 7relating to credit for new clean vehicles7 to be included on a return4 4 7#e7 ,section #feja7m7 is amended by striking #cj;,d7e77#d7 and inserting #cj;,d7f77#f74 7#f7 ,the table of sections for subpart ,b of part ,,iv of subchapter ,a of chapter #a is amended by striking the item relating to section #cj;,d and inserting after the item relating to section #cj;,c the following item3 ,sec4 #cj;,d4 ,clean vehicle credit4 4 7j7 ,gross-up of direct spending ,beginning in fiscal year #bjbc and each fiscal year thereafter1 the portion of any credit allowed to an eligible entity 7as defined in section #cj;,d7g77#b7 of the ,internal ,revenue ,code of #aihf7 pursuant to an election made under section #cj;,d7g7 of the ,internal ,revenue ,code of #aihf that is direct spending shall be increased by #f4jdde percent4 7k7 ,effective dates 7#a7 ,in general ,except as provided in paragraphs 7#b71 7#c71 7#d71 and 7#e71 the amendments made by this section shall apply to vehicles placed in service after ,december #ca1 #bjbb4 7#b7 ,final assembly ,the amendments made by subsection 7b7 shall apply to vehicles sold after the date of enactment of this ,act4 7#c7 ,per vehicle dollar limitation and related requirements ,the amendments made by subsections 7a7 and 7e7 shall apply to vehicles placed in service after the date on which the proposed guidance described in paragraph 7#c77;,b7 of section #cj;,d7e7 of the ,internal ,revenue ,code of #aihf 7as added by subsection 7e77 is issued by the ,secretary of the ,treasury 7or the ,secretary's delegate74 7#d7 ,transfer of credit ,the amendments made by subsection 7g7 shall apply to vehicles placed in service after ,december #ca1 #bjbc4 7#e7 ,elimination of manufacturer limitation ,the amendment made by subsection 7d7 shall apply to vehicles sold after ,december #ca1 #bjbb4 7l7 ,transition rule ,solely for purposes of the application of section #cj;,d of the ,internal ,revenue ,code of #aihf1 in the case of a taxpayer that-- 7#a7 after ,december #ca1 #bjba1 and before the date of enactment of this ,act1 purchased1 or entered into a written binding contract to purchase1 a new qualified plug-in electric drive motor vehicle 7as defined in section #cj;,d7d77#a7 of the ,internal ,revenue ,code of #aihf1 as in effect on the day before the date of enactment of this ,act71 and 7#b7 placed such vehicle in service on or after the date of enactment of this ,act1 such taxpayer may elect 7at such time1 and in such form and manner1 as the ,secretary of the ,treasury1 or the ,secretary's delegate1 may prescribe7 to treat such vehicle as having been placed in service on the day before the date of enactment of this ,act4 #acdjb4 ,credit for previously-owned clean vehicles 7a7 ,in general ,subpart ,a of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #be;,d the following new section3 #be;,e4 ,previously-owned clean vehicles 7a7 ,allowance of credit ,in the case of a qualified buyer who during a taxable year places in service a previously-owned clean vehicle1 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-- 7#a7 #d1jjj1 or 7#b7 the amount equal to #cj percent of the sale price with respect to such vehicle4 7b7 ,limitation based on modified adjusted gross income 7#a7 ,in general ,no credit shall be allowed under subsection 7a7 for any taxable year if-- 7,a7 the lesser of-- 7i7 the modified adjusted gross income of the taxpayer for such taxable year1 or 7ii7 the modified adjusted gross income of the taxpayer for the preceding taxable year1 exceeds 7,b7 the threshold amount4 7#b7 ,threshold amount ,for purposes of paragraph 7#a77;,b71 the threshold amount shall be-- 7,a7 in the case of a joint return or a surviving spouse 7as defined in section #b7;a771 #aej1jjj1 7,b7 in the case of a head of household 7as defined in section #b7;b771 #aab1ejj1 and 7,c7 in the case of a taxpayer not described in subparagraph 7,a7 or 7,b71 #ge1jjj4 7#c7 ,modified adjusted gross income ,for purposes of this subsection1 the term #8modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section #iaa1 #ica1 or #icc4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,previously-owned clean vehicle ,the term previously-owned clean vehicle means1 with respect to a taxpayer1 a motor vehicle-- 7,a7 the model year of which is at least #b years earlier than the calendar year in which the taxpayer acquires such vehicle1 7,b7 the original use of which commences with a person other than the taxpayer1 7,c7 which is acquired by the taxpayer in a qualified sale1 and 7,d7 which-- 7i7 meets the requirements of subparagraphs 7,c71 7,d71 7,e71 7,f71 and 7,h7 7except for clause 7iv7 thereof7 of section #cj;,d7d77#a71 or 7ii7 is a motor vehicle which-- 7,i7 satisfies the requirements under subparagraphs 7,a7 and 7,b7 of section #cj;,b7b77#c71 and 7,,ii7 has a gross vehicle weight rating of less than #ad1jjj pounds4 7#b7 ,qualified sale ,the term qualified sale means a sale of a motor vehicle-- 7,a7 by a dealer 7as defined in section #cj;,d7g77#h771 7,b7 for a sale price which does not exceed #be1jjj1 and 7,c7 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 commenced4 7#c7 ,qualified buyer ,the term qualified buyer means1 with respect to a sale of a motor vehicle1 a taxpayer-- 7,a7 who is an individual1 7,b7 who purchases such vehicle for use and not for resale1 7,c7 with respect to whom no deduction is allowable with respect to another taxpayer under section #aea1 and 7,d7 who has not been allowed a credit under this section for any sale during the #c-year period ending on the date of the sale of such vehicle4 7#d7 ,motor vehicle2 capacity ,the terms motor vehicle and capacity have the meaning given such terms in paragraphs 7#b7 and 7#d7 of section #cj;,d7d71 respectively4 7d7 ,,vin number requirement ,no credit shall be allowed under subsection 7a7 with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year4 7e7 ,application of certain rules ,for purposes of this section1 rules similar to the rules of section #cj;,d7f7 7without regard to paragraph 7#aj7 or 7#aa7 thereof7 shall apply for purposes of this section4 7f7 ,termination ,no credit shall be allowed under this section with respect to any vehicle acquired after ,december #ca1 #bjcb4 4 7b7 ,transfer of credit ,section #be;,e1 as added by subsection 7a71 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g71 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,transfer of credit ,rules similar to the rules of section #cj;,d7g7 shall apply4 4 7c7 ,conforming amendments ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7#a7 in subparagraph 7,s71 by striking and at the end1 7#b7 in subparagraph 7,t71 by striking the period at the end and inserting 1 and1 and 7#c7 by inserting after subparagraph 7,t7 the following3 7,u7 an omission of a correct vehicle identification number required under section #be;,e7d7 7relating to credit for previously-owned clean vehicles7 to be included on a return4 4 7d7 ,clerical amendment ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a is amended by inserting after the item relating to section #be;,d the following new item3 ,sec4 #be;,e4 ,previously-owned clean vehicles4 4 7e7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to vehicles acquired after ,december #ca1 #bjbb4 7#b7 ,transfer of credit ,the amendments made by subsection 7b7 shall apply to vehicles acquired after ,december #ca1 #bjbc4 #acdjc4 ,qualified commercial clean vehicles 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new section3 #de,w4 ,credit for qualified commercial clean vehicles 7a7 ,in general ,for purposes of section #ch1 the qualified commercial clean vehicle credit for any taxable year is an amount equal to the sum of the credit amounts determined under subsection 7b7 with respect to each qualified commercial clean vehicle placed in service by the taxpayer during the taxable year4 7b7 ,per vehicle amount 7#a7 ,in general ,subject to paragraph 7#d71 the amount determined under this subsection with respect to any qualified commercial clean vehicle shall be equal to the lesser of-- 7,a7 #ae percent of the basis of such vehicle 7#cj percent in the case of a vehicle not powered by a gasoline or diesel internal combustion engine71 or 7,b7 the incremental cost of such vehicle4 7#b7 ,incremental cost ,for purposes of paragraph 7#a77;,b71 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 vehicle4 7#c7 ,comparable vehicle ,for purposes of this subsection1 the term comparable vehicle means1 with respect to any qualified commercial clean vehicle1 any vehicle which is powered solely by a gasoline or diesel internal combustion engine and which is comparable in size and use to such vehicle4 7#d7 ,limitation ,the amount determined under this subsection with respect to any qualified commercial clean vehicle shall not exceed-- 7,a7 in the case of a vehicle which has a gross vehicle weight rating of less than #ad1jjj pounds1 #g1ejj1 and 7,b7 in the case of a vehicle not described in subparagraph 7,a71 #dj1jjj4 7c7 ,qualified commercial clean vehicle ,for purposes of this section1 the term qualified commercial clean vehicle means any vehicle which-- 7#a7 meets the requirements of section #cj;,d7d77#a77;,c7 and is acquired for use or lease by the taxpayer and not for resale1 7#b7 either-- 7,a7 meets the requirements of subparagraph 7,d7 of section #cj;,d7d77#a7 and is manufactured primarily for use on public streets1 roads1 and highways 7not including a vehicle operated exclusively on a rail or rails71 or 7,b7 is mobile machinery1 as defined in section #djec7h7 7including vehicles that are not designed to perform a function of transporting a load over the public highways71 7#c7 either-- 7,a7 is propelled to a significant extent by an electric motor which draws electricity from a battery which has a capacity of not less than #ae kilowatt hours 7or1 in the case of a vehicle which has a gross vehicle weight rating of less than #ad1jjj pounds1 #g kilowatt hours7 and is capable of being recharged from an external source of electricity1 or 7,b7 is a motor vehicle which satisfies the requirements under subparagraphs 7,a7 and 7,b7 of section #cj;,b7b77#c71 and 7#d7 is of a character subject to the allowance for depreciation4 7d7 ,special rules 7#a7 ,in general ,rules similar to the rules under subsection 7f7 of section #cj;,d 7without regard to paragraph 7#aj7 or 7#aa7 thereof7 shall apply for purposes of this section4 7#b7 ,vehicles placed in service by tax-exempt entities ,subsection 7c77#d7 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 7i71 7ii71 or 7iv7 of section #afh7;h77#b77;,a74 7#c7 ,no double benefit ,no credit shall be allowed under this section with respect to any vehicle for which a credit was allowed under section #cj;,d4 7e7 ,,vin number requirement ,no credit shall be determined under subsection 7a7 with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year4 7f7 ,regulations and guidance ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this section1 including regulations or other guidance relating to determination of the incremental cost of any qualified commercial clean vehicle4 7g7 ,termination ,no credit shall be determined under this section with respect to any vehicle acquired after ,december #ca1 #bjcb4 4 7b7 ,conforming amendments 7#a7 ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in paragraph 7#ce71 by striking plus at the end1 7,b7 in paragraph 7#cf71 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#cg7 the qualified commercial clean vehicle credit determined under section #de,w4 4 7#b7 ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in subparagraph 7,t71 by striking and at the end1 7,b7 in subparagraph 7,u71 by striking the period at the end and inserting 1 and1 and 7,c7 by inserting after subparagraph 7,u7 the following3 7,v7 an omission of a correct vehicle identification number required under section #de,w7e7 7relating to commercial clean vehicle credit7 to be included on a return4 4 7#c7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new item3 ,sec4 #de,w4 ,qualified commercial clean vehicle credit4 4 7c7 ,effective date ,the amendments made by this section shall apply to vehicles acquired after ,december #ca1 #bjbb4 #acdjd4 ,alternative fuel refueling property credit 7a7 ,in general ,section #cj;,c7g7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjcb4 7b7 ,credit for property of a character subject to depreciation 7#a7 ,in general ,section #cj;,c7a7 is amended by inserting 7#f percent in the case of property of a character subject to depreciation7 after #cj percent4 7#b7 ,modification of credit limitation ,subsection 7b7 of section #cj;,c is amended-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking with respect to all and inserting with respect to any single item of1 and 7ii7 by striking at a location1 and 7,b7 in paragraph 7#a71 by striking #cj1jjj in the case of a property and inserting #ajj1jjj in the case of any such item of property4 7#c7 ,bidirectional charging equipment included as qualified alternative fuel vehicle refueling property ,section #cj;,c7c7 is amended to read as follows3 7c7 ,qualified alternative fuel vehicle refueling property ,for purposes of this section-- 7#a7 ,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 #agi;,a if-- 7,a7 paragraph 7#a7 of section #agi;,a7d7 did not apply to property installed on property which is used as the principal residence 7within the meaning of section #aba7 of the taxpayer1 and 7,b7 only the following were treated as clean-burning fuels for purposes of section #agi;,a7d73 7i7 ,any fuel at least #he percent of the volume of which consists of one or more of the following3 ethanol1 natural gas1 compressed natural gas1 liquified natural gas1 liquefied petroleum gas1 or hydrogen4 7ii7 ,any mixture-- 7,i7 which consists of two or more of the following3 biodiesel 7as defined in section #dj;,a7d77#a771 diesel fuel 7as defined in section #djhc7;a77#c771 or kerosene1 and 7,,ii7 at least #bj percent of the volume of which consists of biodiesel 7as so defined7 determined without regard to any kerosene in such mixture4 7iii7 ,electricity4 7#b7 ,bidirectional charging equipment ,property shall not fail to be treated as qualified alternative fuel vehicle refueling property solely because such property-- 7,a7 is capable of charging the battery of a motor vehicle propelled by electricity1 and 7,b7 allows discharging electricity from such battery to an electric load external to such motor vehicle4 4 7c7 ,certain electric charging stations included as qualified alternative fuel vehicle refueling property ,section #cj;,c is amended by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively1 and by inserting after subsection 7e7 the following3 7f7 ,special rule for electric charging stations for certain vehicles with #b or #c wheels ,for purposes of this section-- 7#a7 ,in general ,the term qualified alternative fuel vehicle refueling property includes any property described in subsection 7c7 for the recharging of a motor vehicle described in paragraph 7#b71 but only if such property-- 7,a7 meets the requirements of subsection 7a77#b71 and 7,b7 is of a character subject to depreciation4 7#b7 ,motor vehicle ,a motor vehicle is described in this paragraph if the motor vehicle-- 7,a7 is manufactured primarily for use on public streets1 roads1 or highways 7not including a vehicle operated exclusively on a rail or rails71 7,b7 has #b or #c wheels1 and 7,c7 is propelled by electricity4 4 7d7 ,wage and apprenticeship requirements ,section #cj;,c1 as amended by this section1 is further amended by redesignating subsections 7g7 and 7h7 as subsections 7h7 and 7i7 and by inserting after subsection 7f7 the following new subsection3 7g7 ,wage and apprenticeship requirements 7#a7 ,increased credit amount 7,a7 ,in general ,in the case of any qualified alternative fuel vehicle refueling project which satisfies the requirements of subparagraph 7,c71 the amount of the credit determined under subsection 7a7 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 7determined without regard to this sentence7 multiplied by #e4 7,b7 ,qualified alternative fuel vehicle refueling project ,for purposes of this subsection1 the term qualified alternative fuel vehicle refueling project means a project consisting of one or more properties that are part of a single project4 7,c7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7i7 ,a project the construction of which begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#b77;,a7 and 7#c74 7ii7 ,a project which satisfies the requirements of paragraphs 7#b77;,a7 and 7#c74 7#b7 ,prevailing wage requirements 7,a7 ,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 construction1 alteration1 or repair of a similar character in the locality in which such project is located as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of section #de7;b77#g77;,b7 shall apply4 7#c7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#d7 ,regulations and guidance ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary to carry out the purposes of this subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection4 4 7e7 ,eligible census tracts ,subsection 7c7 of section #cj;,c1 as amended by subsection 7b77#c71 is amended by adding at the end the following3 7#c7 ,property required to be located in eligible census tracts 7,a7 ,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 tract4 7,b7 ,eligible census tract 7i7 ,in general ,for purposes of this paragraph1 the term eligible census tract means any population census tract which-- 7,i7 is described in section #de;,d7e71 or 7,,ii7 is not an urban area4 7ii7 ,urban area ,for purposes of clause 7i77,,ii71 the term urban area means a census tract 7as defined by the ,bureau of the ,census7 which1 according to the most recent decennial census1 has been designated as an urban area by the ,secretary of ,commerce4 4 7f7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbb4 7#b7 ,extension ,the amendments made by subsection 7a7 shall apply to property placed in service after ,december #ca1 #bjba4 #e ,investment in ,clean ,energy ,manufacturing and ,energy ,security #aceja4 ,extension of the advanced energy project credit 7a7 ,extension of credit ,section #dh;,c is amended by redesignating subsection 7e7 as subsection 7f7 and by inserting after subsection 7d7 the following new subsection3 7e7 ,additional allocations 7#a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 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 sponsors4 7#b7 ,limitation ,the total amount of credits which may be allocated under the program established under paragraph 7#a7 shall not exceed #aj1jjj1jjj1jjj1 of which not greater than #f1jjj1jjj1jjj may be allocated to qualified investments which are not located within a census tract which-- 7,a7 is described in clause 7iii7 of section #de7;b77#aa77;,b71 and 7,b7 prior to the date of enactment of this subsection1 had no project which received a certification and allocation of credits under subsection 7d74 7#c7 ,certifications 7,a7 ,application requirement ,each applicant for certification under this subsection shall submit an application at such time and containing such information as the ,secretary may require4 7,b7 ,time to meet criteria for certification ,each applicant for certification shall have #b 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 met4 7,c7 ,period of issuance ,an applicant which receives a certification shall have #b 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 service1 and if such project is not placed in service by that time period1 then the certification shall no longer be valid4 ,if any certification is revoked under this subparagraph1 the amount of the limitation under paragraph 7#b7 shall be increased by the amount of the credit with respect to such revoked certification4 7,d7 ,location of project ,in the case of an applicant which receives a certification1 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 project1 the certification shall no longer be valid4 7#d7 ,credit rate conditioned upon wage and apprenticeship requirements 7,a7 ,base rate ,for purposes of allocations under this subsection1 the amount of the credit determined under subsection 7a7 shall be determined by substituting #f percent for #cj percent4 7,b7 ,alternative rate ,in the case of any project which satisfies the requirements of paragraphs 7#e77;,a7 and 7#f71 subparagraph 7,a7 shall not apply4 7#e7 ,prevailing wage requirements 7,a7 ,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-equipping1 expansion1 or establishment of a manufacturing facility shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 or repair of a similar character in the locality in which such project is located as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of section #de7;b77#g77;,b7 shall apply4 7#f7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#g7 ,disclosure of allocations ,the ,secretary shall1 upon making a certification under this subsection1 publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant4 4 7b7 ,modification of qualifying advanced energy projects ,section #dh;,c7c77#a77;,a7 is amended-- 7#a7 by inserting 1 any portion of the qualified investment of which is certified by the ,secretary under subsection 7e7 as eligible for a credit under this section after means a project1 7#b7 in clause 7i7-- 7,a7 by striking a manufacturing facility for the production of and inserting an industrial or manufacturing facility for the production or recycling of1 7,b7 in clause 7,i71 by inserting water1 after sun11 7,c7 in clause 7,,ii71 by striking an energy storage system for use with electric or hybrid-electric motor vehicles and inserting energy storage systems and components1 7,d7 in clause 7,,iii71 by striking grids to support the transmission of intermittent sources of renewable energy1 including storage of such energy and inserting grid modernization equipment or components1 7,e7 in subclause 7,,iv71 by striking and sequester carbon dioxide emissions and inserting 1 remove1 use1 or sequester carbon oxide emissions1 7,f7 by striking subclause 7,v7 and inserting the following3 7,v7 equipment designed to refine1 electrolyze1 or blend any fuel1 chemical1 or product which is-- 7aa7 renewable1 or 7bb7 low-carbon and low-emission1 1 7,g7 by striking subclause 7,,vi71 7,h7 by redesignating subclause 7,,vii7 as subclause 7,,ix71 7,i7 by inserting after subclause 7,v7 the following new subclauses3 7,,vi7 property designed to produce energy conservation technologies 7including residential1 commercial1 and industrial applications71 7,,vii7 light-1 medium-1 or heavy-duty electric or fuel cell vehicles1 as well as-- 7aa7 technologies1 components1 or materials for such vehicles1 and 7bb7 associated charging or refueling infrastructure1 7,,viii7 hybrid vehicles with a gross vehicle weight rating of not less than #ad1jjj pounds1 as well as technologies1 components1 or materials for such vehicles1 or 1 and 7,j7 in subclause 7,,ix71 as so redesignated1 by striking and at the end1 and 7#c7 by striking clause 7ii7 and inserting the following3 7ii7 which re-equips an industrial or manufacturing facility with equipment designed to reduce greenhouse gas emissions by at least #bj percent through the installation of-- 7,i7 low- or zero-carbon process heat systems1 7,,ii7 carbon capture1 transport1 utilization and storage systems1 7,,iii7 energy efficiency and reduction in waste from industrial processes1 or 7,,iv7 any other industrial technology designed to reduce greenhouse gas emissions1 as determined by the ,secretary1 or 7iii7 which re-equips1 expands1 or establishes an industrial facility for the processing1 refining1 or recycling of critical materials 7as defined in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 4 7c7 ,conforming amendment ,subparagraph 7,a7 of section #dh;,c7c77#b7 is amended to read as follows3 7,a7 which is necessary for-- 7i7 the production or recycling of property described in clause 7i7 of paragraph 7#a77;,a71 7ii7 re-equipping an industrial or manufacturing facility described in clause 7ii7 of such paragraph1 or 7iii7 re-equipping1 expanding1 or establishing an industrial facility described in clause 7iii7 of such paragraph1 4 7d7 ,denial of double benefit #dh;,c7f71 as redesignated by this section1 is amended by striking or #dh;,b and inserting #dh;,b1 #dh;,e1 #de,q1 or #de,v4 7e7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbc4 #acejb4 ,advanced manufacturing production credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new section3 #de,x4 ,advanced manufacturing production credit 7a7 ,in general 7#a7 ,allowance of credit ,for purposes of section #ch1 the advanced manufacturing production credit for any taxable year is an amount equal to the sum of the credit amounts determined under subsection 7b7 with respect to each eligible component which is-- 7,a7 produced by the taxpayer1 and 7,b7 during the taxable year1 sold by such taxpayer to an unrelated person4 7#b7 ,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 7#a7 is in a trade or business of the taxpayer4 7#c7 ,unrelated person 7,a7 ,in general ,for purposes of this subsection1 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 taxpayer4 7,b7 ,election 7i7 ,in general ,at the election of the taxpayer 7in such form and manner as the ,secretary may prescribe71 a sale of components by such taxpayer to a related person shall be deemed to have been made to an unrelated person4 7ii7 ,requirement ,as a condition of1 and prior to1 any election described in clause 7i71 the ,secretary may require such information or registration as the ,secretary deems necessary for purposes of preventing duplication1 fraud1 or any improper or excessive amount determined under paragraph 7#a74 7b7 ,credit amount 7#a7 ,in general ,subject to paragraph 7#c71 the amount determined under this subsection with respect to any eligible component1 including any eligible component it incorporates1 shall be equal to-- 7,a7 in the case of a thin film photovoltaic cell or a crystalline photovoltaic cell1 an amount equal to the product of-- 7i7 #d cents1 multiplied by 7ii7 the capacity of such cell 7expressed on a per direct current watt basis71 7,b7 in the case of a photovoltaic wafer1 #ab per square meter1 7,c7 in the case of solar grade polysilicon1 #c per kilogram1 7,d7 in the case of a polymeric backsheet1 #dj cents per square meter1 7,e7 in the case of a solar module1 an amount equal to the product of-- 7i7 #g cents1 multiplied by 7ii7 the capacity of such module 7expressed on a per direct current watt basis71 7,f7 in the case of a wind energy component-- 7i7 if such component is a related offshore wind vessel1 an amount equal to #aj percent of the sales price of such vessel1 and 7ii7 if such component is not described in clause 7i71 an amount equal to the product of-- 7,i7 the applicable amount with respect to such component 7as determined under paragraph 7#b77;,a771 multiplied by 7,,ii7 the total rated capacity 7expressed on a per watt basis7 of the completed wind turbine for which such component is designed1 7,g7 in the case of a torque tube1 #hg cents per kilogram1 7,h7 in the case of a structural fastener1 #b4bh per kilogram1 7,i7 in the case of an inverter1 an amount equal to the product of-- 7i7 the applicable amount with respect to such inverter 7as determined under paragraph 7#b77;,b771 multiplied by 7ii7 the capacity of such inverter 7expressed on a per alternating current watt basis71 7,j7 in the case of electrode active materials1 an amount equal to #aj percent of the costs incurred by the taxpayer with respect to production of such materials1 7,k7 in the case of a battery cell1 an amount equal to the product of-- 7i7 #ce1 multiplied by 7ii7 subject to paragraph 7#d71 the capacity of such battery cell 7expressed on a kilowatt-hour basis71 7,l7 in the case of a battery module1 an amount equal to the product of-- 7i7 #aj 7or1 in the case of a battery module which does not use battery cells1 #de71 multiplied by 7ii7 subject to paragraph 7#d71 the capacity of such battery module 7expressed on a kilowatt-hour basis71 and 7,m7 in the case of any applicable critical mineral1 an amount equal to #aj percent of the costs incurred by the taxpayer with respect to production of such mineral4 7#b7 ,applicable amounts 7,a7 ,wind energy components ,for purposes of paragraph 7#a77;,f77ii71 the applicable amount with respect to any wind energy component shall be-- 7i7 in the case of a blade1 #b cents1 7ii7 in the case of a nacelle1 #e cents1 7iii7 in the case of a tower1 #c cents1 and 7iv7 in the case of an offshore wind foundation-- 7,i7 which uses a fixed platform1 #b cents1 or 7,,ii7 which uses a floating platform1 #d cents4 7,b7 ,inverters ,for purposes of paragraph 7#a77;,i71 the applicable amount with respect to any inverter shall be-- 7i7 in the case of a central inverter1 #j4be cents1 7ii7 in the case of a utility inverter1 #a4e cents1 7iii7 in the case of a commercial inverter1 #b cents1 7iv7 in the case of a residential inverter1 #f4e cents1 and 7v7 in the case of a microinverter or a distributed wind inverter1 #aa cents4 7#c7 ,phase out 7,a7 ,in general ,subject to subparagraph 7,c71 in the case of any eligible component sold after ,december #ca1 #bjbi1 the amount determined under this subsection with respect to such component shall be equal to the product of-- 7i7 the amount determined under paragraph 7#a7 with respect to such component1 as determined without regard to this paragraph1 multiplied by 7ii7 the phase out percentage under subparagraph 7,b74 7,b7 ,phase out percentage ,the phase out percentage under this subparagraph is equal to-- 7i7 in the case of an eligible component sold during calendar year #bjcj1 #ge percent1 7ii7 in the case of an eligible component sold during calendar year #bjca1 #ej percent1 7iii7 in the case of an eligible component sold during calendar year #bjcb1 #be percent1 7iv7 in the case of an eligible component sold after ,december #ca1 #bjcb1 #j percent4 7,c7 ,exception ,for purposes of determining the amount under this subsection with respect to any applicable critical mineral1 this paragraph shall not apply4 7#d7 ,limitation on capacity of battery cells and battery modules 7,a7 ,in general ,for purposes of subparagraph 7,k77ii7 or 7,l77ii7 of paragraph 7#a71 the capacity determined under either subparagraph with respect to a battery cell or battery module shall not exceed a capacity-to-power ratio of #ajj3a4 7,b7 ,capacity-to-power ratio ,for purposes of this paragraph1 the term capacity-to-power ratio means1 with respect to a battery cell or battery module1 the ratio of the capacity of such cell or module to the maximum discharge amount of such cell or module4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,eligible component 7,a7 ,in general ,the term eligible component means-- 7i7 any solar energy component1 7ii7 any wind energy component1 7iii7 any inverter described in subparagraphs 7,b7 through 7,g7 of paragraph 7#b71 7iv7 any qualifying battery component1 and 7v7 any applicable critical mineral4 7,b7 ,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 #dh;,c after the date of the enactment of this section4 7#b7 ,inverters 7,a7 ,in general ,the term inverter means an end product which is suitable to convert direct current electricity from #a or more solar modules or certified distributed wind energy systems into alternating current electricity4 7,b7 ,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 #a1jjj kilowatts 7expressed on a per alternating current watt basis74 7,c7 ,commercial inverter ,the term commercial inverter means an inverter which-- 7i7 is suitable for commercial or utility-scale applications1 7ii7 has a rated output of #bjh1 #dhj1 #fjj1 or #hjj volt three-phase power1 and 7iii7 has a capacity which is not less than #bj kilowatts and not greater than #abe kilowatts 7expressed on a per alternating current watt basis74 7,d7 ,distributed wind inverter 7i7 ,in general ,the term distributed wind inverter means an inverter which-- 7,i7 is used in a residential or non-residential system which utilizes #a or more certified distributed wind energy systems1 and 7,,ii7 has a rated output of not greater than #aej kilowatts4 7ii7 ,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 #i4a-bjji of the ,american ,wind ,energy ,association 7including any subsequent revisions to or modifications of such ,standard which have been approved by the ,american ,national ,standards ,institute74 7,e7 ,microinverter ,the term microinverter means an inverter which-- 7i7 is suitable to connect with one solar module1 7ii7 has a rated output of-- 7,i7 #abj or #bdj volt single-phase power1 or 7,,ii7 #bjh or #dhj volt three-phase power1 and 7iii7 has a capacity which is not greater than #fej watts 7expressed on a per alternating current watt basis74 7,f7 ,residential inverter ,the term residential inverter means an inverter which-- 7i7 is suitable for a residence1 7ii7 has a rated output of #abj or #bdj volt single-phase power1 and 7iii7 has a capacity which is not greater than #bj kilowatts 7expressed on a per alternating current watt basis74 7,g7 ,utility inverter ,the term utility inverter means an inverter which-- 7i7 is suitable for commercial or utility-scale systems1 7ii7 has a rated output of not less than #fjj volt three-phase power1 and 7iii7 has a capacity which is greater than #abe kilowatts and not greater than #ajjj kilowatts 7expressed on a per alternating current watt basis7 7#c7 ,solar energy component 7,a7 ,in general ,the term solar energy component means any of the following3 7i7 ,solar modules4 7ii7 ,photovoltaic cells4 7iii7 ,photovoltaic wafers4 7iv7 ,solar grade polysilicon4 7v7 ,torque tubes or structural fasteners4 7vi7 ,polymeric backsheets4 7,b7 ,associated definitions 7i7 ,photovoltaic cell ,the term photovoltaic cell means the smallest semiconductor element of a solar module which performs the immediate conversion of light into electricity4 7ii7 ,photovoltaic wafer ,the term photovoltaic wafer means a thin slice1 sheet1 or layer of semiconductor material of at least #bdj square centimeters-- 7,i7 produced by a single manufacturer either-- 7aa7 directly from molten or evaporated solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer1 or 7bb7 through formation of an ingot from molten polysilicon and subsequent slicing1 and 7,,ii7 which comprises the substrate or absorber layer of one or more photovoltaic cells4 7iii7 ,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 environment4 7iv7 ,solar grade polysilicon ,the term solar grade polysilicon means silicon which is-- 7,i7 suitable for use in photovoltaic manufacturing1 and 7,,ii7 purified to a minimum purity of #ii4iiiiii percent silicon by mass4 7v7 ,solar module ,the term solar module means the connection and lamination of photovoltaic cells into an environmentally protected final assembly which is-- 7,i7 suitable to generate electricity when exposed to sunlight1 and 7,,ii7 ready for installation without an additional manufacturing process4 7vi7 ,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 output4 7vii7 ,solar tracker components 7,i7 ,torque tube ,the term torque tube means a structural steel support element 7including longitudinal purlins7 which-- 7aa7 is part of a solar tracker1 7bb7 is of any cross-sectional shape1 7cc7 may be assembled from individually manufactured segments1 7dd7 spans longitudinally between foundation posts1 7ee7 supports solar panels and is connected to a mounting attachment for solar panels 7with or without separate module interface rails71 and 7ff7 is rotated by means of a drive system4 7,,ii7 ,structural fastener ,the term structural fastener means a component which is used-- 7aa7 to connect the mechanical and drive system components of a solar tracker to the foundation of such solar tracker1 7bb7 to connect torque tubes to drive assemblies1 or 7cc7 to connect segments of torque tubes to one another4 7#d7 ,wind energy component 7,a7 ,in general ,the term wind energy component means any of the following3 7i7 ,blades4 7ii7 ,nacelles4 7iii7 ,towers4 7iv7 ,offshore wind foundations4 7v7 ,related offshore wind vessels4 7,b7 ,associated definitions 7i7 ,blade ,the term blade means an airfoil-shaped blade which is responsible for converting wind energy to low-speed rotational energy4 7ii7 ,offshore wind foundation ,the term offshore wind foundation means the component 7including transition piece7 which secures an offshore wind tower and any above-water turbine components to the seafloor using-- 7,i7 fixed platforms1 such as offshore wind monopiles1 jackets1 or gravity-based foundations1 or 7,,ii7 floating platforms and associated mooring systems4 7iii7 ,nacelle ,the term nacelle means the assembly of the drivetrain and other tower-top components of a wind turbine 7with the exception of the blades and the hub7 within their cover housing4 7iv7 ,related offshore wind vessel ,the term related offshore wind vessel means any vessel which is purpose-built or retrofitted for purposes of the development1 transport1 installation1 operation1 or maintenance of offshore wind energy components4 7v7 ,tower ,the term tower means a tubular or lattice structure which supports the nacelle and rotor of a wind turbine4 7#e7 ,qualifying battery component 7,a7 ,in general ,the term qualifying battery component means any of the following3 7i7 ,electrode active materials4 7ii7 ,battery cells4 7iii7 ,battery modules4 7,b7 ,associated definitions 7i7 ,electrode active material ,the term electrode active material means cathode materials1 anode materials1 anode foils1 and electrochemically active materials1 including solvents1 additives1 and electrolyte salts that contribute to the electrochemical processes necessary for energy storage 4 7ii7 ,battery cell ,the term battery cell means an electrochemical cell-- 7,i7 comprised of #a or more positive electrodes and #a or more negative electrodes1 7,,ii7 with an energy density of not less than #ajj watt-hours per liter1 and 7,,iii7 capable of storing at least #ab watt-hours of energy4 7iii7 ,battery module ,the term battery module means a module-- 7,i7 7aa7 in the case of a module using battery cells1 with #b or more battery cells which are configured electrically1 in series or parallel1 to create voltage or current1 as appropriate1 to a specified end use1 or 7bb7 with no battery cells1 and 7,,ii7 with an aggregate capacity of not less than #g kilowatt-hours 7or1 in the case of a module for a hydrogen fuel cell vehicle1 not less than #a kilowatt-hour74 7#f7 ,applicable critical minerals ,the term applicable critical mineral means any of the following3 7,a7 ,aluminum ,aluminum which is-- 7i7 converted from bauxite to a minimum purity of #ii percent alumina by mass1 or 7ii7 purified to a minimum purity of #ii4i percent aluminum by mass4 7,b7 ,antimony ,antimony which is-- 7i7 converted to antimony trisulfide concentrate with a minimum purity of #ij percent antimony trisulfide by mass1 or 7ii7 purified to a minimum purity of #ii4fe percent antimony by mass4 7,c7 ,barite ,barite which is barium sulfate purified to a minimum purity of #hj percent barite by mass4 7,d7 ,beryllium ,beryllium which is-- 7i7 converted to copper-beryllium master alloy1 or 7ii7 purified to a minimum purity of #ii percent beryllium by mass4 7,e7 ,cerium ,cerium which is-- 7i7 converted to cerium oxide which is purified to a minimum purity of #ii4i percent cerium oxide by mass1 or 7ii7 purified to a minimum purity of #ii percent cerium by mass4 7,f7 ,cesium ,cesium which is-- 7i7 converted to cesium formate or cesium carbonate1 or 7ii7 purified to a minimum purity of #ii percent cesium by mass4 7,g7 ,chromium ,chromium which is-- 7i7 converted to ferrochromium consisting of not less than #fj percent chromium by mass1 or 7ii7 purified to a minimum purity of #ii percent chromium by mass4 7,h7 ,cobalt ,cobalt which is-- 7i7 converted to cobalt sulfate1 or 7ii7 purified to a minimum purity of #ii4f percent cobalt by mass4 7,i7 ,dysprosium ,dysprosium which is-- 7i7 converted to not less than #ii percent pure dysprosium iron alloy by mass1 or 7ii7 purified to a minimum purity of #ii percent dysprosium by mass4 7,j7 ,europium ,europium which is-- 7i7 converted to europium oxide which is purified to a minimum purity of #ii4i percent europium oxide by mass1 or 7ii7 purified to a minimum purity of #ii percent by mass4 7,k7 ,fluorspar ,fluorspar which is-- 7i7 converted to fluorspar which is purified to a minimum purity of #ig percent calcium fluoride by mass1 or 7ii7 purified to a minimum purity of #ii percent fluorspar by mass4 7,l7 ,gadolinium ,gadolinium which is-- 7i7 converted to gadolinium oxide which is purified to a minimum purity of #ii4i percent gadolinium oxide by mass1 or 7ii7 purified to a minimum purity of #ii percent gadolinium by mass4 7,m7 ,germanium ,germanium which is-- 7i7 converted to germanium tetrachloride1 or 7ii7 purified to a minimum purity of #ii4ii percent germanium by mass4 7,n7 ,graphite ,graphite which is purified to a minimum purity of #ii4i percent graphitic carbon by mass4 7,o7 ,indium ,indium which is-- 7i7 converted to-- 7,i7 indium tin oxide1 or 7,,ii7 indium oxide which is purified to a minimum purity of #ii4i percent indium oxide by mass1 or 7ii7 purified to a minimum purity of #ii percent indium by mass4 7,p7 ,lithium ,lithium which is-- 7i7 converted to lithium carbonate or lithium hydroxide1 or 7ii7 purified to a minimum purity of #ii4i percent lithium by mass4 7,q7 ,manganese ,manganese which is-- 7i7 converted to manganese sulphate1 or 7ii7 purified to a minimum purity of #ii4g percent manganese by mass4 7,r7 ,neodymium ,neodymium which is-- 7i7 converted to neodymium-praseodymium oxide which is purified to a minimum purity of #ii percent neodymium-praseodymium oxide by mass1 7ii7 converted to neodymium oxide which is purified to a minimum purity of #ii4e percent neodymium oxide by mass 7iii7 purified to a minimum purity of #ii4i percent neodymium by mass4 7,s7 ,nickel ,nickel which is-- 7i7 converted to nickel sulphate1 or 7ii7 purified to a minimum purity of #ii percent nickel by mass4 7,t7 ,niobium ,niobium which is-- 7i7 converted to ferronibium1 or 7ii7 purified to a minimum purity of #ii percent niobium by mass4 7,u7 ,tellurium ,tellurium which is-- 7i7 converted to cadmium telluride1 or 7ii7 purified to a minimum purity of #ii percent tellurium by mass4 7,v7 ,tin ,tin which is purified to low alpha emitting tin which-- 7i7 has a purity of greater than #ii4ii percent by mass1 and 7ii7 possesses an alpha emission rate of not greater than #j4ja counts per hour per centimeter square4 7,w7 ,tungsten ,tungsten which is converted to ammonium paratungstate or ferrotungsten4 7,x7 ,vanadium ,vanadium which is converted to ferrovanadium or vanadium pentoxide4 7,y7 ,yttrium ,yttrium which is-- 7i7 converted to yttrium oxide which is purified to a minimum purity of #ii4iii percent yttrium oxide by mass1 or 7ii7 purified to a minimum purity of #ii4i percent yttrium by mass4 7,z7 ,other minerals ,any of the following minerals1 provided that such mineral is purified to a minimum purity of #ii percent by mass3 7i7 ,arsenic4 7ii7 ,bismuth4 7iii7 ,erbium4 7iv7 ,gallium4 7v7 ,hafnium4 7vi7 ,holmium4 7vii7 ,iridium4 7viii7 ,lanthanum4 7ix7 ,lutetium4 7x7 ,magnesium4 7xi7 ,palladium4 7xii7 ,platinum4 7xiii7 ,praseodymium4 7xiv7 ,rhodium4 7xv7 ,rubidium4 7xvi7 ,ruthenium4 7xvii7 ,samarium4 7xviii7 ,scandium4 7xix7 ,tantalum4 7xx7 ,terbium4 7xxi7 ,thulium4 7xxii7 ,titanium4 7xxiii7 ,ytterbium4 7xxiv7 ,zinc4 7xxv7 ,zirconium4 7d7 ,special rules ,in this section-- 7#a7 ,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 #eb7;b74 7#b7 ,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-- 7,a7 the ,united ,states 7within the meaning of section #fch7a771 or 7,b7 a possession of the ,united ,states 7within the meaning of section #fch7b774 7#c7 ,pass-thru in the case of estates and trusts ,under regulations prescribed by the ,secretary1 rules similar to the rules of subsection 7d7 of section #eb shall apply4 7#d7 ,sale of integrated components ,for purposes of this section1 a person shall be treated as having sold an eligible component to an unrelated person if such component is integrated1 incorporated1 or assembled into another eligible component which is sold to an unrelated person4 4 7b7 ,conforming amendments 7#a7 ,section #ch7;b7 of the ,internal ,revenue ,code of #aihf1 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in paragraph 7#cf71 by striking plus at the end1 7,b7 in paragraph 7#cg71 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#ch7 the advanced manufacturing production credit determined under section #de,x7a74 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new item3 ,sec4 #de,x4 ,advanced manufacturing production credit4 4 7c7 ,effective date ,the amendments made by this section shall apply to components produced and sold after ,december #ca1 #bjbb4 #f ,superfund #acfja4 ,reinstatement of ,superfund 7a7 ,hazardous ,substance ,superfund financing rate 7#a7 ,extension ,section #dfaa is amended by striking subsection 7e74 7#b7 ,adjustment for inflation 7,a7 ,section #dfaa7;c77#b77;,a7 is amended by striking #i4g cents and inserting #af4d cents4 7,b7 ,section #dfaa7;c7 is amended by adding at the end the following3 7#c7 ,adjustment for inflation 7,a7 ,in general ,in the case of a year beginning after #bjbc1 the amount in paragraph 7#b77;,a7 shall be increased by an amount equal to-- 7i7 such amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year1 determined by substituting calendar year #bjbb for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding ,if any amount as adjusted under subparagraph 7,a7 is not a multiple of #j4ja1 such amount shall be rounded to the next lowest multiple of #j4ja4 4 7b7 ,authority for advances ,section #iejg7;d77#c77;,b7 is amended by striking ,december #ca1 #aiie and inserting ,december #ca1 #bjcb4 7c7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbc4 #g ,incentives for ,clean ,electricity and ,clean ,transportation #acgja4 ,clean electricity production credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new section3 #de,y4 ,clean electricity production credit 7a7 ,amount of credit 7#a7 ,in general ,for purposes of section #ch1 the clean electricity production credit for any taxable year is an amount equal to the product of-- 7,a7 the kilowatt hours of electricity-- 7i7 produced by the taxpayer at a qualified facility1 and 7ii7 7,i7 sold by the taxpayer to an unrelated person during the taxable year1 or 7,,ii7 in the case of a qualified facility which is equipped with a metering device which is owned and operated by an unrelated person1 sold1 consumed1 or stored by the taxpayer during the taxable year1 multiplied by 7,b7 the applicable amount with respect to such qualified facility4 7#b7 ,applicable amount 7,a7 ,base amount ,subject to subsection 7g77#g71 in the case of any qualified facility which is not described in clause 7i7 or 7ii7 of subparagraph 7,b7 and does not satisfy the requirements described in clause 7iii7 of such subparagraph1 the applicable amount shall be #j4c cents4 7,b7 ,alternative amount ,subject to subsection 7g77#g71 in the case of any qualified facility-- 7i7 with a maximum net output of less than #a megawatt 7as measured in alternating current71 7ii7 the construction of which begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#i7 and 7#aj7 of subsection 7g71 or 7iii7 which-- 7,i7 satisfies the requirements under paragraph 7#i7 of subsection 7g71 and 7,,ii7 with respect to the construction of such facility1 satisfies the requirements under paragraph 7#aj7 of subsection 7g71 the applicable amount shall be #a4e cents4 7b7 ,qualified facility 7#a7 ,in general 7,a7 ,definition ,subject to subparagraphs 7,b71 7,c71 and 7,d71 the term qualified facility means a facility owned by the taxpayer-- 7i7 which is used for the generation of electricity1 7ii7 which is placed in service after ,december #ca1 #bjbd1 and 7iii7 for which the greenhouse gas emissions rate 7as determined under paragraph 7#b77 is not greater than zero4 7,b7 #aj-year production credit ,for purposes of this section1 a facility shall only be treated as a qualified facility during the #aj-year period beginning on the date the facility was originally placed in service4 7,c7 ,expansion of facility2 incremental production ,the term qualified facility shall include either of the following in connection with a facility described in subparagraph 7,a7 7without regard to clause 7ii7 of such subparagraph7 which was placed in service before ,january #a1 #bjbe1 but only to the extent of the increased amount of electricity produced at the facility by reason of the following3 7i7 ,a new unit which is placed in service after ,december #ca1 #bjbd4 7ii7 ,any additions of capacity which are placed in service after ,december #ca1 #bjbd4 7,d7 ,coordination with other credits ,the term qualified facility shall not include any facility for which a credit determined under section #de1 #de;,j1 #de,q1 #de,u1 #dh1 #dh;,a1 or #dh;,e is allowed under section #ch for the taxable year or any prior taxable year4 7#b7 ,greenhouse gas emissions rate 7,a7 ,in general ,for purposes of this section1 the term greenhouse gas emissions rate means the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity1 expressed as grams of ,,co#b;e per ,k,wh4 7,b7 ,fuel combustion and gasification ,in the case of a facility which produces electricity through combustion or gasification1 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 7taking into account lifecycle greenhouse gas emissions1 as described in section #baa7o77#a77;,h7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,h777 in the production of electricity1 expressed as grams of ,,co#b;e per ,k,wh4 7,c7 ,establishment of emissions rates for facilities 7i7 ,publishing emissions rates ,the ,secretary shall annually publish a table that sets forth the greenhouse gas emissions rates for types or categories of facilities1 which a taxpayer shall use for purposes of this section4 7ii7 ,provisional emissions rate ,in the case of any facility for which an emissions rate has not been established by the ,secretary1 a taxpayer which owns such facility may file a petition with the ,secretary for determination of the emissions rate with respect to such facility4 7,d7 ,carbon capture and sequestration equipment ,for purposes of this subsection1 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-- 7i7 pursuant to any regulations established under paragraph 7#b7 of section #de,q7f71 disposed of by the taxpayer in secure geological storage1 or 7ii7 utilized by the taxpayer in a manner described in paragraph 7#e7 of such section4 7c7 ,inflation adjustment 7#a7 ,in general ,in the case of a calendar year beginning after #bjbd1 the #j4c cent amount in paragraph 7#b77;,a7 of subsection 7a7 and the #a4e cent amount in paragraph 7#b77;,b7 of such subsection shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale1 consumption1 or storage of the electricity occurs4 ,if the #j4c cent amount as increased under this paragraph is not a multiple of #j4je cent1 such amount shall be rounded to the nearest multiple of #j4je cent4 ,if the #a4e cent amount as increased under this paragraph is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent4 7#b7 ,annual computation ,the ,secretary shall1 not later than ,april #a of each calendar year1 determine and publish in the ,federal ,register the inflation adjustment factor for such calendar year in accordance with this subsection4 7#c7 ,inflation adjustment factor ,the term inflation adjustment factor means1 with respect to a calendar year1 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 #aiib4 ,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 #ae of the calendar year4 7d7 ,credit phase-out 7#a7 ,in general ,the amount of the clean electricity production credit under subsection 7a7 for any qualified facility the construction of which begins during a calendar year described in paragraph 7#b7 shall be equal to the product of-- 7,a7 the amount of the credit determined under subsection 7a7 without regard to this subsection1 multiplied by 7,b7 the phase-out percentage under paragraph 7#b74 7#b7 ,phase-out percentage ,the phase-out percentage under this paragraph is equal to-- 7,a7 for a facility the construction of which begins during the first calendar year following the applicable year1 #ajj percent1 7,b7 for a facility the construction of which begins during the second calendar year following the applicable year1 #ge percent1 7,c7 for a facility the construction of which begins during the third calendar year following the applicable year1 #ej percent1 and 7,d7 for a facility the construction of which begins during any calendar year subsequent to the calendar year described in subparagraph 7,c71 #j percent4 7#c7 ,applicable year ,for purposes of this subsection1 the term applicable year means the later of-- 7,a7 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 #be percent of the annual greenhouse gas emissions from the production of electricity in the ,united ,states for calendar year #bjbb1 or 7,b7 #bjcb4 7e7 ,definitions ,for purposes of this section3 7#a7 ,,co#b;e per ,k,wh ,the term ,,co#b;e per ,k,wh means1 with respect to any greenhouse gas1 the equivalent carbon dioxide 7as determined based on global warming potential7 per kilowatt hour of electricity produced4 7#b7 ,greenhouse gas ,the term greenhouse gas has the same meaning given such term under section #baa7o77#a77;,g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,g771 as in effect on the date of the enactment of this section4 7#c7 ,qualified carbon dioxide ,the term qualified carbon dioxide means carbon dioxide captured from an industrial source which-- 7,a7 would otherwise be released into the atmosphere as industrial emission of greenhouse gas1 7,b7 is measured at the source of capture and verified at the point of disposal or utilization1 and 7,c7 is captured and disposed or utilized within the ,united ,states 7within the meaning of section #fch7a77 or a possession of the ,united ,states 7within the meaning of section #fch7b774 7f7 ,guidance ,not later than ,january #a1 #bjbe1 the ,secretary shall issue guidance regarding implementation of this section1 including calculation of greenhouse gas emission rates for qualified facilities and determination of clean electricity production credits under this section4 7g7 ,special rules 7#a7 ,only production in the ,united ,states taken into account ,consumption1 sales1 or storage shall be taken into account under this section only with respect to electricity the production of which is within-- 7,a7 the ,united ,states 7within the meaning of section #fch7a771 or 7,b7 a possession of the ,united ,states 7within the meaning of section #fch7b774 7#b7 ,combined heat and power system property 7,a7 ,in general ,for purposes of subsection 7a7-- 7i7 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 facility1 and 7ii7 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 facility4 7,b7 ,combined heat and power system property ,for purposes of this paragraph1 the term combined heat and power system property has the same meaning given such term by section #dh7;c77#c7 7without regard to subparagraphs 7,a77iv71 7,b71 and 7,d7 thereof74 7,c7 ,conversion from ,,btu to ,k,wh 7i7 ,in general ,for purposes of subparagraph 7,a77i71 the amount of kilowatt hours of electricity produced in the form of useful thermal energy shall be equal to the quotient of-- 7,i7 the total useful thermal energy produced by the combined heat and power system property within the qualified facility1 divided by 7,,ii7 the heat rate for such facility4 7ii7 ,heat rate ,for purposes of this subparagraph1 the term heat rate means the amount of energy used by the qualified facility to generate #a kilowatt hour of electricity1 expressed as ,british thermal units per net kilowatt hour generated4 7#c7 ,production attributable to the taxpayer ,in the case of a qualified facility in which more than #a person has an ownership interest1 except to the extent provided in regulations prescribed by the ,secretary1 production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility4 7#d7 ,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 #eb7;b74 ,in the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return1 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 group4 7#e7 ,pass-thru in the case of estates and trusts ,under regulations prescribed by the ,secretary1 rules similar to the rules of subsection 7d7 of section #eb shall apply4 7#f7 ,allocation of credit to patrons of agricultural cooperative 7,a7 ,election to allocate 7i7 ,in general ,in the case of an eligible cooperative organization1 any portion of the credit determined under subsection 7a7 for the taxable year may1 at the election of the organization1 be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year4 7ii7 ,form and effect of election ,an election under clause 7i7 for any taxable year shall be made on a timely filed return for such year4 ,such election1 once made1 shall be irrevocable for such taxable year4 ,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 #achb7;d74 7,b7 ,treatment of organizations and patrons ,the amount of the credit apportioned to any patrons under subparagraph 7,a7-- 7i7 shall not be included in the amount determined under subsection 7a7 with respect to the organization for the taxable year1 and 7ii7 shall be included in the amount determined under subsection 7a7 for the first taxable year of each patron ending on or after the last day of the payment period 7as defined in section #achb7;d77 for the taxable year of the organization or1 if earlier1 for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment4 7,c7 ,special rules for decrease in credits for taxable year ,if the amount of the credit of a cooperative organization determined under subsection 7a7 for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year1 an amount equal to the excess of-- 7i7 such reduction1 over 7ii7 the amount not apportioned to such patrons under subparagraph 7,a7 for the taxable year1 shall be treated as an increase in tax imposed by this chapter on the organization4 ,such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter4 7,d7 ,eligible cooperative defined ,for purposes of this section1 the term eligible cooperative means a cooperative organization described in section #acha7;a7 which is owned more than #ej percent by agricultural producers or by entities owned by agricultural producers4 ,for this purpose an entity owned by an agricultural producer is one that is more than #ej percent owned by agricultural producers4 7#g7 ,increase in credit in energy communities ,in the case of any qualified facility which is located in an energy community 7as defined in section #de7;b77#aa77;,b771 for purposes of determining the amount of the credit under subsection 7a7 with respect to any electricity produced by the taxpayer at such facility during the taxable year1 the applicable amount under paragraph 7#b7 of such subsection shall be increased by an amount equal to #aj percent of the amount otherwise in effect under such paragraph4 7#h7 ,credit reduced for tax-exempt bonds ,rules similar to the rules of section #de7;b77#c7 shall apply4 7#i7 ,wage requirements ,rules similar to the rules of section #de7;b77#g7 shall apply4 7#aj7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#aa7 ,domestic content bonus credit amount 7,a7 ,in general ,in the case of any qualified facility which satisfies the requirement under subparagraph 7,b77i71 the amount of the credit determined under subsection 7a7 shall be increased by an amount equal to #aj percent of the amount so determined 7as determined without application of paragraph 7#g774 7,b7 ,requirement 7i7 ,in general ,the requirement described in this subclause is satisfied with respect to any qualified facility if the taxpayer certifies to the ,secretary 7at such time1 and in such form and manner1 as the ,secretary may prescribe7 that any steel1 iron1 or manufactured product which is a component of such facility 7upon completion of construction7 was produced in the ,united ,states 7as determined under section #ffa of title #di1 ,code of ,federal ,regulations74 7ii7 ,steel and iron ,in the case of steel or iron1 clause 7i7 shall be applied in a manner consistent with section #ffa4e of title #di1 ,code of ,federal ,regulations4 7iii7 ,manufactured product ,for purposes of clause 7i71 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 7as determined under subparagraph 7,c77 of the total costs of all such manufactured products of such facility are attributable to manufactured products 7including components7 which are mined1 produced1 or manufactured in the ,united ,states4 7,c7 ,adjusted percentage 7i7 ,in general ,subject to subclause 7ii71 for purposes of subparagraph 7,b77iii71 the adjusted percentage shall be-- 7,i7 in the case of a facility the construction of which begins before ,january #a1 #bjbe1 #dj percent1 7,,ii7 in the case of a facility the construction of which begins after ,december #ca1 #bjbd1 and before ,january #a1 #bjbf1 #de percent1 7,,iii7 in the case of a facility the construction of which begins after ,december #ca1 #bjbe1 and before ,january #a1 #bjbg1 #ej percent1 and 7,,iv7 in the case of a facility the construction of which begins after ,december #ca1 #bjbf1 #ee percent4 7ii7 ,offshore wind facility ,for purposes of subparagraph 7,b77iii71 in the case of a qualified facility which is an offshore wind facility1 the adjusted percentage shall be-- 7,i7 in the case of a facility the construction of which begins before ,january #a1 #bjbe1 #bj percent1 7,,ii7 in the case of a facility the construction of which begins after ,december #ca1 #bjbd1 and before ,january #a1 #bjbf1 #bg4e percent1 7,,iii7 in the case of a facility the construction of which begins after ,december #ca1 #bjbe1 and before ,january #a1 #bjbg1 #ce percent1 7,,iv7 in the case of a facility the construction of which begins after ,december #ca1 #bjbf1 and before ,january #a1 #bjbh1 #de percent1 and 7,v7 in the case of a facility the construction of which begins after ,december #ca1 #bjbg1 #ee percent4 7#ab7 ,phaseout for elective payment 7,a7 ,in general ,in the case of a taxpayer making an election under section #fdag with respect to a credit under this section1 the amount of such credit shall be replaced with-- 7i7 the value of such credit 7determined without regard to this paragraph71 multiplied by 7ii7 the applicable percentage4 7,b7 #ajj percent applicable percentage for certain qualified facilities ,in the case of any qualified facility-- 7i7 which satisfies the requirements under paragraph 7#aa77;,b71 or 7ii7 with a maximum net output of less than #a megawatt 7as measured in alternating current71 the applicable percentage shall be #ajj percent4 7,c7 ,phased domestic content requirement ,subject to subparagraph 7,d71 in the case of any qualified facility which is not described in subparagraph 7,b71 the applicable percentage shall be-- 7i7 if construction of such facility began before ,january #a1 #bjbd1 #ajj percent1 7ii7 if construction of such facility began in calendar year #bjbd1 #ij percent1 7iii7 if construction of such facility began in calendar year #bjbe1 #he percent1 and 7iv7 if construction of such facility began after ,december #ca1 #bjbe1 #j percent4 7,d7 ,exception 7i7 ,in general ,for purposes of this paragraph1 the ,secretary shall provide exceptions to the requirements under this paragraph if-- 7,i7 the inclusion of steel1 iron1 or manufactured products which are produced in the ,united ,states increases the overall costs of construction of qualified facilities by more than #be percent1 or 7,,ii7 relevant steel1 iron1 or manufactured products are not produced in the ,united ,states in sufficient and reasonably available quantities or of a satisfactory quality4 7ii7 ,applicable percentage ,in any case in which the ,secretary provides an exception pursuant to clause 7i71 the applicable percentage shall be #ajj percent4 4 7b7 ,conforming amendments 7#a7 ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in paragraph 7#cg71 by striking plus at the end1 7,b7 in paragraph 7#ch71 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#ci7 the clean electricity production credit determined under section #de,y7a74 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new item3 ,sec4 #de,y4 ,clean electricity production credit4 4 7c7 ,effective date ,the amendments made by this section shall apply to facilities placed in service after ,december #ca1 #bjbd4 #acgjb4 ,clean electricity investment credit 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a1 as amended by section #ajg7;a7 of the ,,chips ,act of #bjbb1 is amended by inserting after section #dh;,d the following new section3 #dh;,e4 ,clean electricity investment credit 7a7 ,investment credit for qualified property 7#a7 ,in general ,for purposes of section #df1 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-- 7,a7 any qualified facility1 and 7,b7 any energy storage technology4 7#b7 ,applicable percentage 7,a7 ,qualified facilities ,subject to paragraph 7#c7-- 7i7 ,base rate ,in the case of any qualified facility which is not described in subclause 7,i7 or 7,,ii7 of clause 7ii7 and does not satisfy the requirements described in subclause 7,,iii7 of such clause1 the applicable percentage shall be #f percent4 7ii7 ,alternative rate ,in the case of any qualified facility-- 7,i7 with a maximum net output of less than #a megawatt 7as measured in alternating current71 7,,ii7 the construction of which begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#c7 and 7#d7 of subsection 7d71 or 7,,iii7 which-- 7aa7 satisfies the requirements of subsection 7d77#c71 and 7bb7 with respect to the construction of such facility1 satisfies the requirements of subsection 7d77#d71 the applicable percentage shall be #cj percent4 7,b7 ,energy storage technology ,subject to paragraph 7#c7-- 7i7 ,base rate ,in the case of any energy storage technology which is not described in subclause 7,i7 or 7,,ii7 of clause 7ii7 and does not satisfy the requirements described in subclause 7,,iii7 of such clause1 the applicable percentage shall be #f percent4 7ii7 ,alternative rate ,in the case of any energy storage technology-- 7,i7 with a capacity of less than #a megawatt1 7,,ii7 the construction of which begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#c7 and 7#d7 of subsection 7d71 or 7,,iii7 which-- 7aa7 satisfies the requirements of subsection 7d77#c71 and 7bb7 with respect to the construction of such property1 satisfies the requirements of subsection 7d77#d71 the applicable percentage shall be #cj percent4 7#c7 ,increase in credit rate in certain cases 7,a7 ,energy communities 7i7 ,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 7as defined in section #de7;b77#aa77;,b771 for purposes of applying paragraph 7#b7 with respect to such property or investment1 the applicable percentage shall be increased by the applicable credit rate increase4 7ii7 ,applicable credit rate increase ,for purposes of clause 7i71 the applicable credit rate increase shall be an amount equal to-- 7,i7 in the case of any qualified investment with respect to a qualified facility described in paragraph 7#b77;,a77i7 or with respect to energy storage technology described in paragraph 7#b77;,b77i71 #b percentage points1 and 7,,ii7 in the case of any qualified investment with respect to a qualified facility described in paragraph 7#b77;,a77ii7 or with respect to energy storage technology described in paragraph 7#b77;,b77ii71 #aj percentage points4 7,b7 ,domestic content ,rules similar to the rules of section #dh7;a77#ab7 shall apply4 7b7 ,qualified investment with respect to a qualified facility 7#a7 ,in general ,for purposes of subsection 7a71 the qualified investment with respect to any qualified facility for any taxable year is the sum of-- 7,a7 the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified facility1 plus 7,b7 the amount of any expenditures which are-- 7i7 paid or incurred by the taxpayer for qualified interconnection property-- 7,i7 in connection with a qualified facility which has a maximum net output of not greater than #e megawatts 7as measured in alternating current71 and 7,,ii7 placed in service during the taxable year of the taxpayer1 and 7ii7 properly chargeable to capital account of the taxpayer4 7#b7 ,qualified property ,for purposes of this section1 the term qualified property means property-- 7,a7 which is-- 7i7 tangible personal property1 or 7ii7 other tangible property 7not including a building or its structural components71 but only if such property is used as an integral part of the qualified facility1 7,b7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable1 and 7,c7 7i7 the construction1 reconstruction1 or erection of which is completed by the taxpayer1 or 7ii7 which is acquired by the taxpayer if the original use of such property commences with the taxpayer4 7#c7 ,qualified facility 7,a7 ,in general ,for purposes of this section1 the term qualified facility means a facility-- 7i7 which is used for the generation of electricity1 7ii7 which is placed in service after ,december #ca1 #bjbd1 and 7iii7 for which the anticipated greenhouse gas emissions rate 7as determined under subparagraph 7,b77ii77 is not greater than zero4 7,b7 ,additional rules 7i7 ,expansion of facility2 incremental production ,rules similar to the rules of section #de,y7b77#a77;,c7 shall apply for purposes of this paragraph4 7ii7 ,greenhouse gas emissions rate ,rules similar to the rules of section #de,y7b77#b7 shall apply for purposes of this paragraph4 7,c7 ,exclusion ,the term qualified facility shall not include any facility for which-- 7i7 a renewable electricity production credit determined under section #de1 7ii7 an advanced nuclear power facility production credit determined under section #de;,j1 7iii7 a carbon oxide sequestration credit determined under section #de,q1 7iv7 a zero-emission nuclear power production credit determined under section #de,u1 7v7 a clean electricity production credit determined under section #de,y1 7vi7 an energy credit determined under section #dh1 or 7vii7 a qualifying advanced coal project credit under section #dh;,a1 is allowed under section #ch for the taxable year or any prior taxable year4 7#d7 ,qualified interconnection property ,for purposes of this paragraph1 the term qualified interconnection property has the meaning given such term in section #dh7;a77#h77;,b74 7#e7 ,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 7as defined in section #dg7;c77#b774 7#f7 ,definitions ,for purposes of this subsection1 the terms ,,co#b;e per ,k,wh and greenhouse gas emissions rate have the same meaning given such terms under section #de,y4 7c7 ,qualified investment with respect to energy storage technology 7#a7 ,qualified investment ,for purposes of subsection 7a71 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 year4 7#b7 ,energy storage technology ,for purposes of this section1 the term energy storage technology has the meaning given such term in section #dh7;c77#f7 7except that subparagraph 7,d7 of such section shall not apply74 7d7 ,special rules 7#a7 ,certain progress expenditure rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of subsection 7a74 7#b7 ,special rule for property financed by subsidized energy financing or private activity bonds ,rules similar to the rules of section #de7;b77#c7 shall apply4 7#c7 ,prevailing wage requirements ,rules similar to the rules of section #dh7;a77#aj7 shall apply4 7#d7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#e7 ,domestic content requirement for elective payment ,in the case of a taxpayer making an election under section #fdag with respect to a credit under this section1 rules similar to the rules of section #de,y7g77#ab7 shall apply4 7e7 ,credit phase-,out 7#a7 ,in general ,the amount of the clean electricity investment credit under subsection 7a7 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 7#b7 shall be equal to the product of-- 7,a7 the amount of the credit determined under subsection 7a7 without regard to this subsection1 multiplied by 7,b7 the phase-out percentage under paragraph 7#b74 7#b7 ,phase-out percentage ,the phase-out percentage under this paragraph is equal to-- 7,a7 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 year1 #ajj percent1 7,b7 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 year1 #ge percent1 7,c7 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 year1 #ej percent1 and 7,d7 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 7,c71 #j percent4 7#c7 ,applicable year ,for purposes of this subsection1 the term applicable year has the same meaning given such term in section #de,y7d77#c74 7f7 ,greenhouse gas ,in this section1 the term greenhouse gas has the same meaning given such term under section #de,y7e77#b74 7g7 ,recapture of credit ,for purposes of section #ej1 if the ,secretary determines that the greenhouse gas emissions rate for a qualified facility is greater than #aj grams of ,,co#b;e per ,k,wh1 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 made4 7h7 ,special rules for certain facilities placed in service in connection with low-income communities 7#a7 ,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 7#d7-- 7,a7 the applicable percentage otherwise determined under subsection 7a77#b7 with respect to any eligible property which is part of such facility shall be increased by-- 7i7 in the case of a facility described in subclause 7,i7 of paragraph 7#b77;,a77iii7 and not described in subclause 7,,ii7 of such paragraph1 #aj percentage points1 and 7ii7 in the case of a facility described in subclause 7,,ii7 of paragraph 7#b77;,a77iii71 #bj percentage points1 and 7,b7 the increase in the credit determined under subsection 7a7 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 7determined without regard to this subparagraph7 as-- 7i7 the environmental justice capacity limitation allocated to such facility1 bears to 7ii7 the total megawatt nameplate capacity of such facility1 as measured in direct current4 7#b7 ,applicable facility ,for purposes of this subsection-- 7,a7 ,in general ,the term applicable facility means any qualified facility-- 7i7 which is not described in section #de,y7b77#b77;,b71 7ii7 which has a maximum net output of less than #e megawatts 7as measured in alternating current71 and 7iii7 which-- 7,i7 is located in a low-income community 7as defined in section #de;,d7e77 or on ,indian land 7as defined in section #bfja7b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7b7771 or 7,,ii7 is part of a qualified low-income residential building project or a qualified low-income economic benefit project4 7,b7 ,qualified low-income residential building project ,a facility shall be treated as part of a qualified low-income residential building project if-- 7i7 such facility is installed on a residential rental building which participates in a covered housing program 7as defined in section #dadaa7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdia7;a77#c771 a housing assistance program administered by the ,department of ,agriculture under title ,v of the ,housing ,act of #aidi1 a housing program administered by a tribally designated housing entity 7as defined in section #d7bb7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7bb777 or such other affordable housing programs as the ,secretary may provide1 and 7ii7 the financial benefits of the electricity produced by such facility are allocated equitably among the occupants of the dwelling units of such building4 7,c7 ,qualified low-income economic benefit project ,a facility shall be treated as part of a qualified low-income economic benefit project if at least #ej percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- 7i7 less than #bjj percent of the poverty line 7as defined in section #cf;,b7d77#c77;,a77 applicable to a family of the size involved1 or 7ii7 less than #hj percent of area median gross income 7as determined under section #adb7;d77#b77;,b774 7,d7 ,financial benefit ,for purposes of subparagraphs 7,b7 and 7,c71 electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit4 7#c7 ,eligible property ,for purposes of this subsection1 the term eligible property means a qualified investment with respect to any applicable facility4 7#d7 ,allocations 7,a7 ,in general ,not later than ,january #a1 #bjbe1 the ,secretary shall establish a program to allocate amounts of environmental justice capacity limitation to applicable facilities4 ,in establishing such program and to carry out the purposes of this subsection1 the ,secretary shall provide procedures to allow for an efficient allocation process1 including1 when determined appropriate1 consideration of multiple projects in a single application if such projects will be placed in service by a single taxpayer4 7,b7 ,limitation ,the amount of environmental justice capacity limitation allocated by the ,secretary under subparagraph 7,a7 during any calendar year shall not exceed the annual capacity limitation with respect to such year4 7,c7 ,annual capacity limitation ,for purposes of this paragraph1 the term annual capacity limitation means #a4h gigawatts of direct current capacity for each calendar year during the period beginning on ,january #a1 #bjbe1 and ending on ,december #ca of the applicable year 7as defined in section #de,y7d77#c771 and zero thereafter4 7,d7 ,carryover of unused limitation 7i7 ,in general ,if the annual capacity limitation for any calendar year exceeds the aggregate amount allocated for such year under this paragraph1 such limitation for the succeeding calendar year shall be increased by the amount of such excess4 ,no amount may be carried under the preceding sentence to any calendar year after the third calendar year following the applicable year 7as defined in section #de,y7d77#c774 7ii7 ,carryover from section #dh for calendar year #bjbe ,if the annual capacity limitation for calendar year #bjbd under section #dh7;e77#d77;,d7 exceeds the aggregate amount allocated for such year under such section1 such excess amount may be carried over and applied to the annual capacity limitation under this subsection for calendar year #bjbe4 ,the annual capacity limitation for calendar year #bjbe shall be increased by the amount of such excess4 7,e7 ,placed in service deadline 7i7 ,in general ,paragraph 7#a7 shall not apply with respect to any property which is placed in service after the date that is #d years after the date of the allocation with respect to the facility of which such property is a part4 7ii7 ,application of carryover ,any amount of environmental justice capacity limitation which expires under clause 7i7 during any calendar year shall be taken into account as an excess described in subparagraph 7,d77i7 7or as an increase in such excess7 for such calendar year1 subject to the limitation imposed by the last sentence of such subparagraph4 7#e7 ,recapture ,the ,secretary shall1 by regulations or other guidance1 provide for recapturing the benefit of any increase in the credit allowed under subsection 7a7 by reason of this subsection with respect to any property which ceases to be property eligible for such increase 7but which does not cease to be investment credit property within the meaning of section #ej7;a774 ,the period and percentage of such recapture shall be determined under rules similar to the rules of section #ej7;a74 ,to the extent provided by the ,secretary1 such recapture may not apply with respect to any property if1 within #ab months after the date the taxpayer becomes aware 7or reasonably should have become aware7 of such property ceasing to be property eligible for such increase1 the eligibility of such property for such increase is restored4 ,the preceding sentence shall not apply more than once with respect to any facility4 7i7 ,guidance ,not later than ,january #a1 #bjbe1 the ,secretary shall issue guidance regarding implementation of this section4 4 7b7 ,conforming amendments 7#a7 ,section #df1 as amended by section #ajg7;d7 of the ,,chips ,act of #bjbb1 is amended-- 7,a7 in paragraph 7#e71 by striking and at the end1 7,b7 in paragraph 7#f71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7#g7 the clean electricity investment credit4 4 7#b7 ,section #di7;a77#a77;,c71 as amended by section #ajg7;d7 of the ,,chips ,act of #bjbb1 is amended-- 7,a7 by striking and at the end of clause 7v71 7,b7 by striking the period at the end of clause 7vi7 and inserting a comma1 and 7,c7 by adding at the end the following new clauses3 7vii7 the basis of any qualified property which is part of a qualified facility under section #dh;,e1 and 7viii7 the basis of any energy storage technology under section #dh;,e4 4 7#c7 ,section #ej7;a77#b77;,e71 as amended by section #ajg7;d7 of the ,,chips ,act of #bjbb1 is amended by striking or #dh;,d7b77#e7 and inserting #dh;,d7b77#e71 or #dh;,e7e74 7#d7 ,section #ej7;c77#c7 is amended by inserting or clean electricity investment credit after ,in the case of any energy credit4 7#e7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a1 as amended by section #ajg7;d7 of the ,,chips ,act of #bjbb1 is amended by inserting after the item relating to section #dh;,d the following new item3 #dh;,e4 ,clean electricity investment credit4 4 7c7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbd4 #acgjc4 ,cost recovery for qualified facilities1 qualified property1 and energy storage technology 7a7 ,in general ,section #afh7;e77#c77;,b7 is amended-- 7#a7 in clause 7vi77,,iii71 by striking and at the end1 7#b7 in clause 7vii71 by striking the period at the end and inserting 1 and1 and 7#c7 by inserting after clause 7vii7 the following3 7viii7 any qualified facility 7as defined in section #de,y7b77#a77;,a771 any qualified property 7as defined in subsection 7b77#b7 of section #dh;,e7 which is a qualified investment 7as defined in subsection 7b77#a7 of such section71 or any energy storage technology 7as defined in subsection 7c77#b7 of such section74 4 7b7 ,effective date ,the amendments made by this section shall apply to facilities and property placed in service after ,december #ca1 #bjbd4 #acgjd4 ,clean fuel production credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new section3 #de,z4 ,clean fuel production credit 7a7 ,amount of credit 7#a7 ,in general ,for purposes of section #ch1 the clean fuel production credit for any taxable year is an amount equal to the product of-- 7,a7 the applicable amount per gallon 7or gallon equivalent7 with respect to any transportation fuel which is-- 7i7 produced by the taxpayer at a qualified facility1 and 7ii7 sold by the taxpayer in a manner described in paragraph 7#d7 during the taxable year1 and 7,b7 the emissions factor for such fuel 7as determined under subsection 7b774 7#b7 ,applicable amount 7,a7 ,base amount ,in the case of any transportation fuel produced at a qualified facility which does not satisfy the requirements described in subparagraph 7,b71 the applicable amount shall be #bj cents4 7,b7 ,alternative amount ,in the case of any transportation fuel produced at a qualified facility which satisfies the requirements under paragraphs 7#f7 and 7#g7 of subsection 7f71 the applicable amount shall be #a4jj4 7#c7 ,special rate for sustainable aviation fuel 7,a7 ,in general ,in the case of a transportation fuel which is sustainable aviation fuel1 paragraph 7#b7 shall be applied-- 7i7 in the case of fuel produced at a qualified facility described in paragraph 7#b77;,a71 by substituting #ce cents for #bj cents1 and 7ii7 in the case of fuel produced at a qualified facility described in paragraph 7#b77;,b71 by substituting #a4ge for #a4jj4 7,b7 ,sustainable aviation fuel ,for purposes of this subparagraph 7,a71 the term sustainable aviation fuel means liquid fuel1 the portion of which is not kerosene1 which is sold for use in an aircraft and which-- 7i7 meets the requirements of-- 7,i7 ,,astm ,international ,standard ,d#geff1 or 7,,ii7 the ,fischer ,tropsch provisions of ,,astm ,international ,standard ,d#afee1 ,annex ,a#a1 and 7ii7 is not derived from palm fatty acid distillates or petroleum4 7#d7 ,sale ,for purposes of paragraph 7#a71 the transportation fuel is sold in a manner described in this paragraph if such fuel is sold by the taxpayer to an unrelated person-- 7,a7 for use by such person in the production of a fuel mixture1 7,b7 for use by such person in a trade or business1 or 7,c7 who sells such fuel at retail to another person and places such fuel in the fuel tank of such other person4 7#e7 ,rounding ,if any amount determined under paragraph 7#a7 is not a multiple of #a cent1 such amount shall be rounded to the nearest cent4 7b7 ,emissions factors 7#a7 ,emissions factor 7,a7 ,calculation 7i7 ,in general ,the emissions factor of a transportation fuel shall be an amount equal to the quotient of-- 7,i7 an amount equal to-- 7aa7 #ej kilograms of ,,co#b;e per mm,b,t,u1 minus 7bb7 the emissions rate for such fuel1 divided by 7,,ii7 #ej kilograms of ,,co#b;e per mm,b,t,u4 7,b7 ,establishment of emissions rate 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 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 7as described in section #baa7o77#a77;,h7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,h771 as in effect on the date of the enactment of this section7 for such fuels1 expressed as kilograms of ,,co#b;e per mm,b,t,u1 which a taxpayer shall use for purposes of this section4 7ii7 ,non-aviation fuel ,in the case of any transportation fuel which is not a sustainable aviation fuel1 the lifecycle greenhouse gas emissions of such fuel shall be based on the most recent determinations under the ,greenhouse gases1 ,regulated ,emissions1 and ,energy use in ,transportation model developed by ,argonne ,national ,laboratory1 or a successor model 7as determined by the ,secretary74 7iii7 ,aviation fuel ,in the case of any transportation fuel which is a sustainable aviation fuel1 the lifecycle greenhouse gas emissions of such fuel shall be determined in accordance with-- 7,i7 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 ,states1 or 7,,ii7 any similar methodology which satisfies the criteria under section #baa7o77#a77;,h7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,h771 as in effect on the date of enactment of this section4 7,c7 ,rounding of emissions rate 7i7 ,in general ,subject to clause 7ii71 the ,secretary may round the emissions rates under subparagraph 7,b7 to the nearest multiple of #e kilograms of ,,co#b;e per mm,b,t,u4 7ii7 ,exception ,in the case of an emissions rate that is between #b4e kilograms of ,,co#b;e per mm,b,t,u and -#b4e kilograms of ,,co#b;e per mm,b,t,u1 the ,secretary may round such rate to zero4 7,d7 ,provisional emissions rate ,in the case of any transportation fuel for which an emissions rate has not been established under subparagraph 7,b71 a taxpayer producing such fuel may file a petition with the ,secretary for determination of the emissions rate with respect to such fuel4 7#b7 ,rounding ,if any amount determined under paragraph 7#a77;,a7 is not a multiple of #j4a1 such amount shall be rounded to the nearest multiple of #j4a4 7c7 ,inflation adjustment 7#a7 ,in general ,in the case of calendar years beginning after #bjbd1 the #bj cent amount in subsection 7a77#b77;,a71 the #a4jj amount in subsection 7a77#b77;,b71 the #ce cent amount in subsection 7a77#c77;,a77i71 and the #a4ge amount in subsection 7a77#c77;,a77ii7 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 occurs4 ,if any amount as increased under the preceding sentence is not a multiple of #a cent1 such amount shall be rounded to the nearest multiple of #a cent4 7#b7 ,inflation adjustment factor ,for purposes of paragraph 7#a71 the inflation adjustment factor shall be the inflation adjustment factor determined and published by the ,secretary pursuant to section #de,y7c71 determined by substituting calendar year #bjbb for calendar year #aiib in paragraph 7#c7 thereof4 7d7 ,definitions ,in this section3 7#a7 mm,b,t,u ,the term mm,b,t,u means #a1jjj1jjj ,british thermal units4 7#b7 ,,co#b;e ,the term ,,co#b;e means1 with respect to any greenhouse gas1 the equivalent carbon dioxide 7as determined based on relative global warming potential74 7#c7 ,greenhouse gas ,the term greenhouse gas has the same meaning given that term under section #baa7o77#a77;,g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,g771 as in effect on the date of the enactment of this section4 7#d7 ,qualified facility ,the term qualified facility-- 7,a7 means a facility used for the production of transportation fuels1 and 7,b7 does not include any facility for which one of the following credits is allowed under section #ch for the taxable year3 7i7 ,the credit for production of clean hydrogen under section #de,v4 7ii7 ,the credit determined under section #df to the extent that such credit is attributable to the energy credit determined under section #dh with respect to any specified clean hydrogen production facility for which an election is made under subsection 7a77#ae7 of such section4 7iii7 ,the credit for carbon oxide sequestration under section #de,q4 7#e7 ,transportation fuel 7,a7 ,in general ,the term transportation fuel means a fuel which-- 7i7 is suitable for use as a fuel in a highway vehicle or aircraft1 7ii7 has an emissions rate which is not greater than #ej kilograms of ,,co#b;e per mm,b,t,u1 and 7iii7 is not derived from coprocessing an applicable material 7or materials derived from an applicable material7 with a feedstock which is not biomass4 7,b7 ,definitions ,in this paragraph-- 7i7 ,applicable material ,the term applicable material means-- 7,i7 monoglycerides1 diglycerides1 and triglycerides1 7,,ii7 free fatty acids1 and 7,,iii7 fatty acid esters4 7ii7 ,biomass ,the term biomass has the same meaning given such term in section #de,k7c77#c74 7e7 ,guidance ,not later than ,january #a1 #bjbe1 the ,secretary shall issue guidance regarding implementation of this section1 including calculation of emissions factors for transportation fuel1 the table described in subsection 7b77#a77;,b77i71 and the determination of clean fuel production credits under this section4 7f7 ,special rules 7#a7 ,only registered production in the ,united ,states taken into account 7,a7 ,in general ,no clean fuel production credit shall be determined under subsection 7a7 with respect to any transportation fuel unless-- 7i7 the taxpayer-- 7,i7 is registered as a producer of clean fuel under section #daja at the time of production1 and 7,,ii7 in the case of any transportation fuel which is a sustainable aviation fuel1 provides-- 7aa7 certification 7in such form and manner as the ,secretary shall prescribe7 from an unrelated party demonstrating compliance with-- 7,,aa7 any general requirements1 supply chain traceability requirements1 and information transmission requirements established under the ,carbon ,offsetting and ,reduction ,scheme for ,international ,aviation described in subclause 7,i7 of subsection 7b77#a77;,b77iii71 or 7,,bb7 in the case of any methodology described in subclause 7,,ii7 of such subsection1 requirements similar to the requirements described in subitem 7,,aa71 and 7bb7 such other information with respect to such fuel as the ,secretary may require for purposes of carrying out this section1 and 7ii7 such fuel is produced in the ,united ,states4 7,b7 ,united ,states ,for purposes of this paragraph1 the term ,united ,states includes any possession of the ,united ,states4 7#b7 ,production attributable to the taxpayer ,in the case of a facility in which more than #a person has an ownership interest1 except to the extent provided in regulations prescribed by the ,secretary1 production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility4 7#c7 ,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 #eb7;b74 ,in the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return1 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 group4 7#d7 ,pass-thru in the case of estates and trusts ,under regulations prescribed by the ,secretary1 rules similar to the rules of subsection 7d7 of section #eb shall apply4 7#e7 ,allocation of credit to patrons of agricultural cooperative ,rules similar to the rules of section #de,y7g77#f7 shall apply4 7#f7 ,prevailing wage requirements 7,a7 ,in general ,subject to subparagraph 7,b71 rules similar to the rules of section #de7;b77#g7 shall apply4 7,b7 ,special rule for facilities placed in service before ,january #a1 #bjbe ,for purposes of subparagraph 7,a71 in the case of any qualified facility placed in service before ,january #a1 #bjbe-- 7i7 clause 7i7 of section #de7;b77#g77;,a7 shall not apply1 and 7ii7 clause 7ii7 of such section shall be applied by substituting with respect to any taxable year beginning after ,december #ca1 #bjbd1 for which the credit is allowed under this section for with respect to any taxable year1 for any portion of such taxable year which is within the period described in subsection 7a77#b77;,a77ii74 7#g7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7g7 ,termination ,this section shall not apply to transportation fuel sold after ,december #ca1 #bjbg4 4 7b7 ,conforming amendments 7#a7 ,section #be;,c7d77#c71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in subparagraph 7,a71 by striking and at the end1 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following new subparagraph3 7,c7 transportation fuel 7as defined in section #de,z7d77#e774 4 7#b7 ,section #cj;,c7c77#a77;,b71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new clause3 7iv7 ,any transportation fuel 7as defined in section #de,z7d77#e774 4 7#c7 ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in paragraph 7#ch71 by striking plus at the end1 7,b7 in paragraph 7#ci71 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#dj7 the clean fuel production credit determined under section #de,z7a74 4 7#d7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new item3 ,sec4 #de,z4 ,clean fuel production credit4 4 7#e7 ,section #daja7;a77#a71 as amended by the preceding provisions of this ,act1 is amended by inserting every person producing a fuel eligible for the clean fuel production credit 7pursuant to section #de,z71 after section #fdbf7k77#c7714 7c7 ,effective date ,the amendments made by this section shall apply to transportation fuel produced after ,december #ca1 #bjbd4 #h ,credit ,monetization and ,appropriations #achja4 ,elective payment for energy property and electricity produced from certain renewable resources1 etc 7a7 ,in general ,subchapter ,b of chapter #fe is amended by inserting after section #fdaf the following new section3 #fdag4 ,elective payment of applicable credits 7a7 ,in general ,in the case of an applicable entity making an election 7at such time and in such manner as the ,secretary may provide7 under this section with respect to any applicable credit determined with respect to such entity1 such entity shall be treated as making a payment against the tax imposed by subtitle ,a 7for the taxable year with respect to which such credit was determined7 equal to the amount of such credit4 7b7 ,applicable credit ,the term applicable credit means each of the following3 7#a7 ,so much of the credit for alternative fuel vehicle refueling property allowed under section #cj;,c which1 pursuant to subsection 7d77#a7 of such section1 is treated as a credit listed in section #ch7;b74 7#b7 ,so much of the renewable electricity production credit determined under section #de7;a7 as is attributable to qualified facilities which are originally placed in service after ,december #ca1 #bjbb4 7#c7 ,so much of the credit for carbon oxide sequestration determined under section #de,q7a7 as is attributable to carbon capture equipment which is originally placed in service after ,december #ca1 #bjbb4 7#d7 ,the zero-emission nuclear power production credit determined under section #de,u7a74 7#e7 ,so much of the credit for production of clean hydrogen determined under section #de,v7a7 as is attributable to qualified clean hydrogen production facilities which are originally placed in service after ,december #ca1 #bjab4 7#f7 ,in the case of a tax-exempt entity described in clause 7i71 7ii71 or 7iv7 of section #afh7;h77#b77;,a71 the credit for qualified commercial vehicles determined under section #de,w by reason of subsection 7d77#c7 thereof4 7#g7 ,the credit for advanced manufacturing production under section #de,x7a74 7#h7 ,the clean electricity production credit determined under section #de,y7a74 7#i7 ,the clean fuel production credit determined under section #de,z7a74 7#aj7 ,the energy credit determined under section #dh4 7#aa7 ,the qualifying advanced energy project credit determined under section #dh;,c4 7#ab7 ,the clean electricity investment credit determined under section #dh;,e4 7c7 ,application to partnerships and ,s corporations 7#a7 ,in general ,in the case of any applicable credit determined with respect to any facility or property held directly by a partnership or ,s corporation1 any election under subsection 7a7 shall be made by such partnership or ,s corporation4 ,if such partnership or ,s corporation makes an election under such subsection 7in such manner as the ,secretary may provide7 with respect to such credit-- 7,a7 the ,secretary shall make a payment to such partnership or ,s corporation equal to the amount of such credit1 7,b7 subsection 7e7 shall be applied with respect to such credit before determining any partner's distributive share1 or shareholder's pro rata share1 of such credit1 7,c7 any amount with respect to which the election in subsection 7a7 is made shall be treated as tax exempt income for purposes of sections #gje and #acff1 and 7,d7 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 year4 7#b7 ,coordination with application at partner or shareholder level ,in the case of any facility or property held directly by a partnership or ,s corporation1 no election by any partner or shareholder shall be allowed under subsection 7a7 with respect to any applicable credit determined with respect to such facility or property4 7#c7 ,treatment of payments to partnerships and ,s corporations ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under paragraph 7#a77;,a7 shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7d7 ,special rules ,for purposes of this section-- 7#a7 ,applicable entity 7,a7 ,in general ,the term applicable entity means-- 7i7 any organization exempt from the tax imposed by subtitle ,a1 7ii7 any ,state or political subdivision thereof1 7iii7 the ,tennessee ,valley ,authority1 7iv7 an ,indian tribal government 7as defined in section #cj;,d7g77#i771 7v7 any ,alaska ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m771 or 7vi7 any corporation operating on a cooperative basis which is engaged in furnishing electric energy to persons in rural areas4 7,b7 ,election with respect to credit for production of clean hydrogen ,if a taxpayer other than an entity described in subparagraph 7,a7 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 7as defined in section #de,v7c77#c771 such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year1 but only with respect to the credit described in subsection 7b77#e74 7,c7 ,election with respect to credit for carbon oxide sequestration ,if a taxpayer other than an entity described in subparagraph 7,a7 makes an election under this subparagraph with respect to any taxable year in which such taxpayer has1 after ,december #ca1 #bjbb1 placed in service carbon capture equipment at a qualified facility 7as defined in section #de,q7d771 such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year1 but only with respect to the credit described in subsection 7b77#c74 7,d7 ,election with respect to advanced manufacturing production credit 7i7 ,in general ,if a taxpayer other than an entity described in subparagraph 7,a7 makes an election under this subparagraph with respect to any taxable year in which such taxpayer has1 after ,december #ca1 #bjbb1 produced eligible components 7as defined in section #de,x7c77#a771 such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year1 but only with respect to the credit described in subsection 7b77#g74 7ii7 ,limitation 7,i7 ,in general ,except as provided in subclause 7,,ii71 if a taxpayer makes an election under this subparagraph with respect to any taxable year1 such taxpayer shall be treated as having made such election for each of the #d succeeding taxable years ending before ,january #a1 #bjcc4 7,,ii7 ,exception ,a taxpayer may elect to revoke the application of the election made under this subparagraph to any taxable year described in subclause 7,i74 ,any such election1 if made1 shall apply to the applicable year specified in such election and each subsequent taxable year within the period described in subclause 7,i74 ,any election under this subclause may not be subsequently revoked4 7iii7 ,prohibition on transfer ,for any taxable year described in clause 7ii77,i71 no election may be made by the taxpayer under section #fdah7;a7 for such taxable year with respect to eligible components for purposes of the credit described in subsection 7b77#g74 7,e7 ,other rules 7i7 ,in general ,an election made under subparagraph 7,b71 7,c71 or 7,d7 shall be made at such time and in such manner as the ,secretary may provide4 7ii7 ,limitation ,no election may be made under subparagraph 7,b71 7,c71 or 7,d7 with respect to any taxable year beginning after ,december #ca1 #bjcb4 7#b7 ,application ,in the case of any applicable entity which makes the election described in subsection 7a71 any applicable credit shall be determined-- 7,a7 without regard to paragraphs 7#c7 and 7#d77;,a77i7 of section #ej7;b71 and 7,b7 by treating any property with respect to which such credit is determined as used in a trade or business of the applicable entity4 7#c7 ,elections 7,a7 ,in general 7i7 ,due date ,any election under subsection 7a7 shall be made not later than-- 7,i7 in the case of any government1 or political subdivision1 described in paragraph 7#a7 and for which no return is required under section #fjaa or #fjcc7;a71 such date as is determined appropriate by the ,secretary1 or 7,,ii7 in any other case1 the due date 7including extensions of time7 for the return of tax for the taxable year for which the election is made1 but in no event earlier than #ahj days after the date of the enactment of this section4 7ii7 ,additional rules ,any election under subsection 7a71 once made1 shall be irrevocable and shall apply 7except as otherwise provided in this paragraph7 with respect to any credit for the taxable year for which the election is made4 7,b7 ,renewable electricity production credit ,in the case of the credit described in subsection 7b77#b71 any election under subsection 7a7 shall-- 7i7 apply separately with respect to each qualified facility1 7ii7 be made for the taxable year in which such qualified facility is originally placed in service1 and 7iii7 shall apply to such taxable year and to any subsequent taxable year which is within the period described in subsection 7a77#b77;,a77ii7 of section #de with respect to such qualified facility4 7,c7 ,credit for carbon oxide sequestration 7i7 ,in general ,in the case of the credit described in subsection 7b77#c71 any election under subsection 7a7 shall-- 7,i7 apply separately with respect to the carbon capture equipment originally placed in service by the applicable entity during a taxable year1 and 7,,ii7 7aa7 in the case of a taxpayer who makes an election described in paragraph 7#a77;,c71 apply to the taxable year in which such equipment is placed in service and the #d subsequent taxable years with respect to such equipment which end before ,january #a1 #bjcc1 and 7bb7 in any other case1 apply to such taxable year and to any subsequent taxable year which is within the period described in paragraph 7#c77;,a7 or 7#d77;,a7 of section #de,q7a7 with respect to such equipment4 7ii7 ,prohibition on transfer ,for any taxable year described in clause 7i77,,ii77aa7 with respect to carbon capture equipment1 no election may be made by the taxpayer under section #fdah7;a7 for such taxable year with respect to such equipment for purposes of the credit described in subsection 7b77#c74 7iii7 ,revocation of election ,in the case of a taxpayer who makes an election described in paragraph 7#a77;,c7 with respect to carbon capture equipment1 such taxpayer may1 at any time during the period described in clause 7i77,,ii77aa71 revoke the application of such election with respect to such equipment for any subsequent taxable years during such period4 ,any such election1 if made1 shall apply to the applicable year specified in such election and each subsequent taxable year within the period described in clause 7i77,,ii77aa74 ,any election under this subclause may not be subsequently revoked4 7,d7 ,credit for production of clean hydrogen 7i7 ,in general ,in the case of the credit described in subsection 7b77#e71 any election under subsection 7a7 shall-- 7,i7 apply separately with respect to each qualified clean hydrogen production facility1 7,,ii7 be made for the taxable year in which such facility is placed in service 7or within the #a-year period subsequent to the date of enactment of this section in the case of facilities placed in service before ,december #ca1 #bjbb71 and 7,,iii7 7aa7 in the case of a taxpayer who makes an election described in paragraph 7#a77;,b71 apply to such taxable year and the #d subsequent taxable years with respect to such facility which end before ,january #a1 #bjcc1 and 7bb7 in any other case1 apply to such taxable year and all subsequent taxable years with respect to such facility4 7ii7 ,prohibition on transfer ,for any taxable year described in clause 7i77,,iii77aa7 with respect to a qualified clean hydrogen production facility1 no election may be made by the taxpayer under section #fdah7;a7 for such taxable year with respect to such facility for purposes of the credit described in subsection 7b77#e74 7iii7 ,revocation of election ,in the case of a taxpayer who makes an election described in paragraph 7#a77;,b7 with respect to a qualified clean hydrogen production facility1 such taxpayer may1 at any time during the period described in clause 7i77,,iii77aa71 revoke the application of such election with respect to such facility for any subsequent taxable years during such period4 ,any such election1 if made1 shall apply to the applicable year specified in such election and each subsequent taxable year within the period described in clause 7i77,,ii77aa74 ,any election under this subclause may not be subsequently revoked4 7,e7 ,clean electricity production credit ,in the case of the credit described in subsection 7b77#h71 any election under subsection 7a7 shall-- 7i7 apply separately with respect to each qualified facility1 7ii7 be made for the taxable year in which such facility is placed in service1 and 7iii7 shall apply to such taxable year and to any subsequent taxable year which is within the period described in subsection 7b77#a77;,b7 of section #de,y with respect to such facility4 7#d7 ,timing ,the payment described in subsection 7a7 shall be treated as made on-- 7,a7 in the case of any government1 or political subdivision1 described in paragraph 7#a7 and for which no return is required under section #fjaa or #fjcc7;a71 the later of the date that a return would be due under section #fjcc7;a7 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 7at such time and in such manner as the ,secretary shall provide71 and 7,b7 in any other case1 the later of the due date 7determined without regard to extensions7 of the return of tax for the taxable year or the date on which such return is filed4 7#e7 ,additional information ,as a condition of1 and prior to1 any amount being treated as a payment which is made by an applicable entity under subsection 7a71 the ,secretary may require such information or registration as the ,secretary deems necessary for purposes of preventing duplication1 fraud1 improper payments1 or excessive payments under this section4 7#f7 ,excessive payment 7,a7 ,in general ,in the case of any amount treated as a payment which is made by the applicable entity under subsection 7a71 or the amount of the payment made pursuant to subsection 7c71 which the ,secretary determines constitutes an excessive payment1 the tax imposed on such entity by chapter #a 7regardless of whether such entity would otherwise be subject to tax under such chapter7 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of-- 7i7 the amount of such excessive payment1 plus 7ii7 an amount equal to #bj percent of such excessive payment4 7,b7 ,reasonable cause ,subparagraph 7,a77ii7 shall not apply if the applicable entity demonstrates to the satisfaction of the ,secretary that the excessive payment resulted from reasonable cause4 7,c7 ,excessive payment defined ,for purposes of this paragraph1 the term excessive payment means1 with respect to a facility or property for which an election is made under this section for any taxable year1 an amount equal to the excess of-- 7i7 the amount treated as a payment which is made by the applicable entity under subsection 7a71 or the amount of the payment made pursuant to subsection 7c71 with respect to such facility or property for such taxable year1 over 7ii7 the amount of the credit which1 without application of this section1 would be otherwise allowable 7as determined pursuant to paragraph 7#b7 and without regard to section #ch7;c77 under this title with respect to such facility or property for such taxable year4 7e7 ,denial of double benefit ,in the case of an applicable entity making an election under this section with respect to an applicable credit1 such credit shall be reduced to zero and shall1 for any other purposes under this title1 be deemed to have been allowed to such entity for such taxable year4 7f7 ,mirror code possessions ,in the case of any possession of the ,united ,states with a mirror code tax system 7as defined in section #bd7k771 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 treated4 7g7 ,basis reduction and recapture ,except as otherwise provided in subsection 7c77#b77;,a71 rules similar to the rules of section #ej shall apply for purposes of this section4 7h7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary to carry out the purposes of this section1 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 7determined without regard to section #ch7;c774 4 7b7 ,transfer of certain credits ,subchapter ,b of chapter #fe1 as amended by subsection 7a71 is amended by inserting after section #fdag the following new section3 #fdah4 ,transfer of certain credits 7a7 ,in general ,in the case of an eligible taxpayer which elects to transfer all 7or any portion specified in the election7 of an eligible credit determined with respect to such taxpayer for any taxable year to a taxpayer 7referred to in this section as the transferee taxpayer7 which is not related 7within the meaning of section #bfg7;b7 or #gjg7;b77#a77 to the eligible taxpayer1 the transferee taxpayer specified in such election 7and not the eligible taxpayer7 shall be treated as the taxpayer for purposes of this title with respect to such credit 7or such portion thereof74 7b7 ,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 7a71 such consideration-- 7#a7 shall be required to be paid in cash1 7#b7 shall not be includible in gross income of the eligible taxpayer1 and 7#c7 with respect to the transferee taxpayer1 shall not be deductible under this title4 7c7 ,application to partnerships and ,s corporations 7#a7 ,in general ,in the case of any eligible credit determined with respect to any facility or property held directly by a partnership or ,s corporation1 if such partnership or ,s corporation makes an election under subsection 7a7 7in such manner as the ,secretary may provide7 with respect to such credit-- 7,a7 any amount received as consideration for a transfer described in such subsection shall be treated as tax exempt income for purposes of sections #gje and #acff1 and 7,b7 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 year4 7#b7 ,coordination with application at partner or shareholder level ,in the case of any facility or property held directly by a partnership or ,s corporation1 no election by any partner or shareholder shall be allowed under subsection 7a7 with respect to any eligible credit determined with respect to such facility or property4 7d7 ,taxable year in which credit taken into account ,in the case of any credit 7or portion thereof7 with respect to which an election is made under subsection 7a71 such credit shall be taken into account in the first taxable year of the transferee taxpayer ending with1 or after1 the taxable year of the eligible taxpayer with respect to which the credit was determined4 7e7 ,limitations on election 7#a7 ,time for election ,an election under subsection 7a7 to transfer any portion of an eligible credit shall be made not later than the due date 7including extensions of time7 for the return of tax for the taxable year for which the credit is determined1 but in no event earlier than #ahj days after the date of the enactment of this section4 ,any such election1 once made1 shall be irrevocable4 7#b7 ,no additional transfers ,no election may be made under subsection 7a7 by a transferee taxpayer with respect to any portion of an eligible credit which has been previously transferred to such taxpayer pursuant to this section4 7f7 ,definitions ,for purposes of this section-- 7#a7 ,eligible credit 7,a7 ,in general ,the term eligible credit means each of the following3 7i7 ,so much of the credit for alternative fuel vehicle refueling property allowed under section #cj;,c which1 pursuant to subsection 7d77#a7 of such section1 is treated as a credit listed in section #ch7;b74 7ii7 ,the renewable electricity production credit determined under section #de7;a74 7iii7 ,the credit for carbon oxide sequestration determined under section #de,q7a74 7iv7 ,the zero-emission nuclear power production credit determined under section #de,u7a74 7v7 ,the clean hydrogen production credit determined under section #de,v7a74 7vi7 ,the advanced manufacturing production credit determined under section #de,x7a74 7vii7 ,the clean electricity production credit determined under section #de,y7a74 7viii7 ,the clean fuel production credit determined under section #de,z7a74 7ix7 ,the energy credit determined under section #dh4 7x7 ,the qualifying advanced energy project credit determined under section #dh;,c4 7xi7 ,the clean electricity investment credit determined under section #dh;,e4 7,b7 ,election for certain credits ,in the case of any eligible credit described in clause 7ii71 7iii71 7v71 or 7vii7 of subparagraph 7,a71 an election under subsection 7a7 shall be made-- 7i7 separately with respect to each facility for which such credit is determined1 and 7ii7 for each taxable year during the #aj-year period beginning on the date such facility was originally placed in service 7or1 in the case of the credit described in clause 7iii71 for each year during the #ab-year period beginning on the date the carbon capture equipment was originally placed in service at such facility74 7,c7 ,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 #ci4 7#b7 ,eligible taxpayer ,the term eligible taxpayer means any taxpayer which is not described in section #fdag7;d77#a77;,a74 7g7 ,special rules ,for purposes of this section-- 7#a7 ,additional information ,as a condition of1 and prior to1 any transfer of any portion of an eligible credit pursuant to subsection 7a71 the ,secretary may require such information 7including1 in such form or manner as is determined appropriate by the ,secretary1 such information returns7 or registration as the ,secretary deems necessary for purposes of preventing duplication1 fraud1 improper payments1 or excessive payments under this section4 7#b7 ,excessive credit transfer 7,a7 ,in general ,in the case of any portion of an eligible credit which is transferred to a transferee taxpayer pursuant to subsection 7a7 which the ,secretary determines constitutes an excessive credit transfer1 the tax imposed on the transferee taxpayer by chapter #a 7regardless of whether such entity would otherwise be subject to tax under such chapter7 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of-- 7i7 the amount of such excessive credit transfer1 plus 7ii7 an amount equal to #bj percent of such excessive credit transfer4 7,b7 ,reasonable cause ,subparagraph 7,a77ii7 shall not apply if the transferee taxpayer demonstrates to the satisfaction of the ,secretary that the excessive credit transfer resulted from reasonable cause4 7,c7 ,excessive credit transfer defined ,for purposes of this paragraph1 the term excessive credit transfer means1 with respect to a facility or property for which an election is made under subsection 7a7 for any taxable year1 an amount equal to the excess of-- 7i7 the amount of the eligible credit claimed by the transferee taxpayer with respect to such facility or property for such taxable year1 over 7ii7 the amount of such credit which1 without application of this section1 would be otherwise allowable under this title with respect to such facility or property for such taxable year4 7#c7 ,basis reduction2 notification of recapture ,in the case of any election under subsection 7a7 with respect to any portion of an eligible credit described in clauses 7ix7 through 7xi7 of subsection 7f77#a77;,a7-- 7,a7 subsection 7c7 of section #ej shall apply to the applicable investment credit property 7as defined in subsection 7a77#e7 of such section7 as if such eligible credit was allowed to the eligible taxpayer1 and 7,b7 if1 during any taxable year1 the applicable investment credit property 7as defined in subsection 7a77#e7 of section #ej7 is disposed of1 or otherwise ceases to be investment credit property with respect to the eligible taxpayer1 before the close of the recapture period 7as described in subsection 7a77#a7 of such section7-- 7i7 such eligible taxpayer shall provide notice of such occurrence to the transferee taxpayer 7in such form and manner as the ,secretary shall prescribe71 and 7ii7 the transferee taxpayer shall provide notice of the recapture amount 7as defined in subsection 7c77#b7 of such section71 if any1 to the eligible taxpayer 7in such form and manner as the ,secretary shall prescribe74 7#d7 ,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 7c77#d7 and 7d7 of section #df 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij74 7h7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary to carry out the purposes of this section1 including regulations or other guidance providing rules for determining a partner's distributive share of the tax exempt income described in subsection 7c77#a74 4 7c7 ,real estate investment trusts ,section #ej7;d7 is amended by adding at the end the following3 ,in the case of a real estate investment trust making an election under section #fdah1 paragraphs 7#a77;,b7 and 7#b77;,b7 of the section #df7;e7 referred to in paragraph 7#a7 of this subsection shall not apply to any investment credit property of such real estate investment trust to which such election applies44 7d7 #c-year carryback for applicable credits ,section #ci7;a7 is amended by adding at the end the following3 7#d7 #c-year carryback for applicable credits ,notwithstanding subsection 7d71 in the case of any applicable credit 7as defined in section #fdag7;b77-- 7,a7 this section shall be applied separately from the business credit 7other than the applicable credit71 7,b7 paragraph 7#a7 shall be applied by substituting each of the #c taxable years for the taxable year in subparagraph 7,a7 thereof1 and 7,c7 paragraph 7#b7 shall be applied-- 7i7 by substituting #bc taxable years for #ba taxable years in subparagraph 7,a7 thereof1 and 7ii7 by substituting #bb taxable years for #bj taxable years in subparagraph 7,b7 thereof4 4 7e7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #fe is amended by inserting after the item relating to section #fdaf the following new items3 ,sec4 #fdag4 ,elective payment of applicable credits4,sec4 #fdah4 ,transfer of certain credits4 4 7f7 ,gross-up of direct spending ,beginning in fiscal year #bjbc and each fiscal year thereafter1 the portion of any payment made to a taxpayer pursuant to an election under section #fdag of the ,internal ,revenue ,code of #aihf1 or any amount treated as a payment which is made by the taxpayer under subsection 7a7 of such section1 that is direct spending shall be increased by #f4jdde percent4 7g7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 #achjb4 ,appropriations ,immediately upon the enactment of this ,act1 in addition to amounts otherwise available1 there are appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj to remain available until ,september #cj1 #bjca1 for necessary expenses for the ,internal ,revenue ,service to carry out this subtitle 7and the amendments made by this subtitle71 which shall supplement and not supplant any other appropriations that may be available for this purpose4 #i ,other provisions #acija4 ,permanent extension of tax rate to fund ,black ,lung ,disability ,trust ,fund 7a7 ,in general ,section #daba is amended by striking subsection 7e74 7b7 ,effective date ,the amendment made by this section shall apply to sales in calendar quarters beginning after the date which is #a day after the date of enactment of this ,act4 #acijb4 ,increase in research credit against payroll tax for small businesses 7a7 ,in general ,clause 7i7 of section #da7;h77#d77;,b7 is amended-- 7#a7 by striking ,amount4--,the amount and inserting 8,amount4-- 7,i7 ,in general ,the amount 1 and 7#b7 by adding at the end the following new subclause3 7,,ii7 ,increase ,in the case of taxable years beginning after ,december #ca1 #bjbb1 the amount in subclause 7,i7 shall be increased by #bej1jjj4 4 7b7 ,allowance of credit 7#a7 ,in general ,paragraph 7#a7 of section #caaa7;f7 is amended-- 7,a7 by striking for a taxable year1 there shall be allowed and inserting 8for a taxable year-- 7,a7 there shall be allowed 1 7,b7 by striking equal to the and inserting equal to so much of the1 7,c7 by striking the period at the end and inserting as does not exceed the limitation of subclause 7,i7 of section #da7;h77#d77;,b77i7 7applied without regard to subclause 7,,ii7 thereof71 and1 and 7,d7 by adding at the end the following new subparagraph3 7,b7 there shall be allowed as a credit against the tax imposed by subsection 7b7 for the first calendar quarter which begins after the date on which the taxpayer files the return specified in section #da7;h77#d77;,a77ii7 an amount equal to so much of the payroll tax credit portion determined under section #da7;h77#b7 as is not allowed as a credit under subparagraph 7,a74 4 7#b7 ,limitation ,paragraph 7#b7 of section #caaa7;f7 is amended-- 7,a7 by striking paragraph 7#a7 and inserting paragraph 7#a77;,a71 and 7,b7 by inserting 1 and the credit allowed by paragraph 7#a77;,b7 shall not exceed the tax imposed by subsection 7b7 for any calendar quarter1 after calendar quarter4 7#c7 ,carryover ,paragraph 7#c7 of section #caaa7;f7 is amended by striking the credit and inserting any credit4 7#d7 ,deduction allowed ,paragraph 7#d7 of section #caaa7;f7 is amended-- 7,a7 by striking credit and inserting credits1 and 7,b7 by striking subsection 7a7 and inserting subsection 7a7 or 7b74 7c7 ,aggregation rules ,clause 7ii7 of section #da7;h77#e77;,b7 is amended by striking the #bej1jjj amount and inserting each of the #bej1jjj amounts4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 #acijc4 ,reinstatement of limitation rules for deduction for ,state and local1 etc41 taxes2 extension of limitation on excess business losses of noncorporate taxpayers 7a7 ,reinstatement of limitation rules for deduction for ,state and local1 etc41 taxes 7#a7 ,in general ,section #afd7;b77#f71 as amended by section #acijd1 is further amended-- 7,a7 in the heading1 by striking #bjbf and inserting #bjbe1 and 7,b7 by striking #bjbg and inserting #bjbf4 7#b7 ,effective date ,the amendments made by this subsection shall apply to taxable years beginning after ,december #ca1 #bjbb4 7b7 ,extension of limitation on excess business losses of noncorporate taxpayers 7#a7 ,in general ,section #dfa7l77#a7 is amended by striking ,january #a1 #bjbg each place it appears and inserting ,january #a1 #bjbi4 7#b7 ,effective date ,the amendments made by this subsection shall apply to taxable years beginning after ,december #ca1 #bjbf4 #acijd4 ,removal of harmful small business taxes2 extension of limitation on deduction for ,state and local1 etc41 taxes 7a7 ,removal of harmful small business taxes ,subparagraph 7,d7 of section #ei7k77#a71 as added by section #ajaja1 is amended to read as follows3 7,d7 ,special rules for determining applicable corporation status ,solely for purposes of determining whether a corporation is an applicable corporation under this paragraph1 all adjusted financial statement income of persons treated as a single employer with such corporation under subsection 7a7 or 7b7 of section #eb shall be treated as adjusted financial statement income of such corporation1 and adjusted financial statement income of such corporation shall be determined without regard to paragraphs 7#b77;,d77i7 and 7#aa7 of section #ef;,a7c74 4 7b7 ,extension of limitation on deduction for ,state and local1 etc41 taxes 7#a7 ,in general ,section #afd7;b77#f7 is amended-- 7,a7 in the heading1 by striking #bjbe and inserting #bjbf1 and 7,b7 by striking #bjbf and inserting #bjbg4 7#b7 ,effective date ,the amendments made by this subsection shall apply to taxable years beginning after ,december #ca1 #bjbb4 ,,ii ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,general provisions #bjjja4 ,definition of ,secretary ,in this title1 the term ,secretary means the ,secretary of ,agriculture4 ,b ,conservation #bajja4 ,additional agricultural conservation investments 7a7 ,appropriations ,in addition to amounts otherwise available 7and subject to subsection 7b771 there are appropriated to the ,secretary1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca 7subject to the condition that no such funds may be disbursed after ,september #cj1 #bjca7-- 7#a7 to carry out1 using the facilities and authorities of the ,commodity ,credit ,corporation1 the environmental quality incentives program under subchapter ,a of chapter #d of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa through #chci;aa-#h7-- 7,a7 7i7 #bej1jjj1jjj for fiscal year #bjbc2 7ii7 #a1gej1jjj1jjj for fiscal year #bjbd2 7iii7 #c1jjj1jjj1jjj for fiscal year #bjbe2 and 7iv7 #c1dej1jjj1jjj for fiscal year #bjbf2 and 7,b7 subject to the conditions on the use of the funds that-- 7i7 section #abdj;,b7f77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;f77#a77 shall not apply2 7ii7 section #abdj;,h7c77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#h7;c77#b77 shall be applied-- 7,i7 by substituting #ej1jjj1jjj for #be1jjj1jjj2 and 7,,ii7 with the ,secretary prioritizing proposals that utilize diet and feed management to reduce enteric methane emissions from ruminants2 and 7iii7 the funds shall be available for #a or more agricultural conservation practices or enhancements that the ,secretary determines directly improve soil carbon1 reduce nitrogen losses1 or reduce1 capture1 avoid1 or sequester carbon dioxide1 methane1 or nitrous oxide emissions1 associated with agricultural production2 7#b7 to carry out1 using the facilities and authorities of the ,commodity ,credit ,corporation1 the conservation stewardship program under subchapter ,b of that chapter 7#af ,u4,s4,c4 #chci;aa-#ba through #chci;aa-#be7-- 7,a7 7i7 #bej1jjj1jjj for fiscal year #bjbc2 7ii7 #ejj1jjj1jjj for fiscal year #bjbd2 7iii7 #a1jjj1jjj1jjj for fiscal year #bjbe2 and 7iv7 #a1ejj1jjj1jjj for fiscal year #bjbf2 and 7,b7 subject to the condition on the use of the funds that the funds shall only be available for #a or more agricultural conservation practices1 enhancements1 or bundles that the ,secretary determines directly improve soil carbon1 reduce nitrogen losses1 or reduce1 capture1 avoid1 or sequester carbon dioxide1 methane1 or nitrous oxide emissions1 associated with agricultural production2 7#c7 to carry out1 using the facilities and authorities of the ,commodity ,credit ,corporation1 the agricultural conservation easement program under subtitle ,h of title ,,xii of that ,act 7#af ,u4,s4,c4 #chfe through #chfe;d7 for easements or interests in land that will most reduce1 capture1 avoid1 or sequester carbon dioxide1 methane1 or nitrous oxide emissions associated with land eligible for the program-- 7,a7 #ajj1jjj1jjj for fiscal year #bjbc2 7,b7 #bjj1jjj1jjj for fiscal year #bjbd2 7,c7 #ejj1jjj1jjj for fiscal year #bjbe2 and 7,d7 #fjj1jjj1jjj for fiscal year #bjbf2 and 7#d7 to carry out1 using the facilities and authorities of the ,commodity ,credit ,corporation1 the regional conservation partnership program under subtitle ,i of title ,,xii of that ,act 7#af ,u4,s4,c4 #chga through #chga;f7-- 7,a7 7i7 #bej1jjj1jjj for fiscal year #bjbc2 7ii7 #hjj1jjj1jjj for fiscal year #bjbd2 7iii7 #a1ejj1jjj1jjj for fiscal year #bjbe2 and 7iv7 #b1djj1jjj1jjj for fiscal year #bjbf2 and 7,b7 subject to the conditions on the use of the funds that-- 7i7 section #abga;,c7d77#b77;,b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;c7d77#b77;,b77 shall not apply2 and 7ii7 the ,secretary shall prioritize partnership agreements under section #abga;,c7d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;c7d77 that support the implementation of conservation projects that assist agricultural producers and nonindustrial private forestland owners in directly improving soil carbon1 reducing nitrogen losses1 or reducing1 capturing1 avoiding1 or sequestering carbon dioxide1 methane1 or nitrous oxide emissions1 associated with agricultural production4 7b7 ,conditions ,the funds made available under subsection 7a7 are subject to the conditions that the ,secretary shall not-- 7#a7 enter into any agreement-- 7,a7 that is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 or 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under this section4 7c7 ,conforming amendments 7#a7 ,section #abdj;,b of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7 is amended-- 7,a7 in subsection 7a71 by striking #bjbc and inserting #bjca2 and 7,b7 in subsection 7f77#b77;,b7-- 7i7 in the subparagraph heading1 by striking #bjbc and inserting #bjca2 and 7ii7 by striking #bjbc and inserting #bjca4 7#b7 ,section #abdj;,h of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#h7 is amended by striking #bjbc each place it appears and inserting #bjca4 7#c7 ,section #abdj;,j7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#bb7;a77 is amended1 in the matter preceding paragraph 7#a71 by striking #bjbc and inserting #bjca4 7#d7 ,section #abdj,l7h77#b77;,a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#bd7;h77#b77;,a77 is amended by striking #bjbc and inserting #bjca4 7#e7 ,section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 is amended-- 7,a7 in subsection 7a7-- 7i7 in the matter preceding paragraph 7#a71 by striking #bjbc and inserting #bjca2 7ii7 in paragraph 7#b77;,f71 by striking #bjbc and inserting #bjca2 and 7iii7 in paragraph 7#c71 by striking fiscal year #bjbc each place it appears and inserting each of fiscal years #bjbc through #bjca2 7,b7 in subsection 7b71 by striking #bjbc and inserting #bjca2 and 7,c7 in subsection 7h7-- 7i7 in paragraph 7#a77;,b71 in the subparagraph heading1 by striking #bjbc and inserting #bjca2 and 7ii7 by striking #bjbc each place it appears and inserting #bjca4 7#f7 ,section #abdd7n77#c77;,a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdd7n77#c77;,a77 is amended by striking #bjbc and inserting #bjca4 7#g7 ,section #abga;,d7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;d7a77 is amended by striking #bjbc and inserting #bjca4 #bajjb4 ,conservation technical assistance 7a7 ,appropriations ,in addition to amounts otherwise available 7and subject to subsection 7b771 there are appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca 7subject to the condition that no such funds may be disbursed after ,september #cj1 #bjca7-- 7#a7 #a1jjj1jjj1jjj to provide conservation technical assistance through the ,natural ,resources ,conservation ,service2 and 7#b7 #cjj1jjj1jjj to carry out a program to quantify carbon sequestration and carbon dioxide1 methane1 and nitrous oxide emissions1 through which the ,natural ,resources ,conservation ,service shall collect field-based data to assess the carbon sequestration and reduction in carbon dioxide1 methane1 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 ,agriculture4 7b7 ,conditions ,the funds made available under this section are subject to the conditions that the ,secretary shall not-- 7#a7 enter into any agreement-- 7,a7 that is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under this section2 or 7#c7 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 purposes4 7c7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for administrative costs of the agencies and offices of the ,department of ,agriculture for costs related to implementing this section4 ,c ,rural development and agricultural credit #bbjja4 ,additional funding for electric loans for renewable energy ,section #ijjc of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7 is amended by adding at the end the following3 7h7 ,additional funding for electric loans for renewable energy 7#a7 ,appropriations ,notwithstanding subsections 7a7 through 7e71 and 7g71 in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the cost of loans under section #cag of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #idj;g71 including for projects that store electricity that support the types of eligible projects under that section1 which shall be forgiven in an amount that is not greater than #ej 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 ,secretary1 except as provided in paragraph 7#c74 7#b7 ,limitation ,the ,secretary shall not enter into any loan agreement pursuant this subsection that could result in disbursements after ,september #cj1 #bjca4 7#c7 ,exception ,the ,secretary shall establish criteria for waiving the #ej percent limitation described in paragraph 7#a74 4 #bbjjb4 ,rural ,energy for ,america ,program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 out of any money in the ,treasury not otherwise appropriated1 for eligible projects under section #ijjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg71 and notwithstanding section #ijjg7;c77#c77;,a7 of that ,act1 the amount of a grant shall not exceed #ej percent of the cost of the activity carried out using the grant funds-- 7#a7 #hbj1bej1jjj for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca2 and 7#b7 #ahj1bgf1ejj for each of fiscal years #bjbc through #bjbg1 to remain available until ,september #cj1 #bjca4 7b7 ,underutilized renewable energy technologies ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 out of any money in the ,treasury not otherwise appropriated1 to provide grants and loans guaranteed by the ,secretary 7including the costs of such loans7 under the program described in subsection 7a7 relating to underutilized renewable energy technologies1 and to provide technical assistance for applying to the program described in subsection 7a71 including for underutilized renewable energy technologies1 notwithstanding section #ijjg7;c77#c77;,a7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7;c77#c77;,a771 the amount of a grant shall not exceed #ej percent of the cost of the activity carried out using the grant funds1 and to the extent the following amounts remain available at the end of each fiscal year1 the ,secretary shall use such amounts in accordance with subsection 7a7-- 7#a7 #add1gej1jjj for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca2 and 7#b7 #ca1hac1ejj for each of fiscal years #bjbc through #bjbg1 to remain available until ,september #cj1 #bjca4 7c7 ,limitation ,the ,secretary shall not enter into1 pursuant to this section-- 7#a7 any loan agreement that may result in a disbursement after ,september #cj1 #bjca2 or 7#b7 any grant agreement that may result in any outlay after ,september #cj1 #bjca4 #bbjjc4 ,biofuel infrastructure and agriculture product market expansion ,section #ijjc of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7 7as amended by section #bbjja7 is amended by adding at the end the following3 7i7 ,biofuel infrastructure and agriculture product market expansion 7#a7 ,appropriation ,notwithstanding subsections 7a7 through 7e7 and subsection 7g71 in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out this subsection4 7#b7 ,use of funds ,the ,secretary shall use the amounts made available by paragraph 7#a7 to provide grants1 for which the ,federal share shall be not more than #ge percent of the total cost of carrying out a project for which the grant is provided1 on a competitive basis1 to increase the sale and use of agricultural commodity-based fuels through infrastructure improvements for blending1 storing1 supplying1 or distributing biofuels1 except for transportation infrastructure not on location where such biofuels are blended1 stored1 supplied1 or distributed-- 7,a7 by installing1 retrofitting1 or otherwise upgrading fuel dispensers or pumps and related equipment1 storage tank system components1 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 #bjbj1 published in the ,federal ,register 7#he ,fed4 ,reg4 #bffef71 as determined by the ,secretary2 and 7,b7 by building and retrofitting home heating oil distribution centers or equivalent entities and distribution systems for ethanol and biodiesel blends4 4 #bbjjd4 ,,usda assistance for rural electric cooperatives ,section #ijjc of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7 7as amended by section #bbjjc7 is amended by adding at the end the following3 7j7 ,,usda assistance for rural electric cooperatives 7#a7 ,appropriation ,notwithstanding subsections 7a7 through 7e7 and 7g71 in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #i1gjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the long-term resiliency1 reliability1 and affordability of rural electric systems by providing to an eligible entity 7defined as an electric cooperative described in section #eja7;c77#ab7 or #acha7;a77#b7 of the ,internal ,revenue ,code of #aihf and is or has been a ,rural ,utilities ,service electric loan borrower pursuant to the ,rural ,electrification ,act of #aicf or serving a predominantly rural area or a wholly or jointly owned subsidiary of such electric cooperative7 loans1 modifications of loans1 the cost of loans and modifications1 and other financial assistance to achieve the greatest reduction in carbon dioxide1 methane1 and nitrous oxide emissions associated with rural electric systems through the purchase of renewable energy1 renewable energy systems1 zero-emission systems1 and carbon capture and storage systems1 to deploy such systems1 or to make energy efficiency improvements to electric generation and transmission systems of the eligible entity after the date of enactment of this subsection4 7#b7 ,limitation ,no eligible entity may receive an amount equal to more than #aj percent of the total amount made available by this subsection4 7#c7 ,requirement ,the amount of a grant under this subsection shall be not more than #be percent of the total project costs of the eligible entity carrying out a project using a grant under this subsection4 7#d7 ,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 purposes4 7#e7 ,disbursements ,the ,secretary shall not enter into1 pursuant to this subsection-- 7,a7 any loan agreement that may result in a disbursement after ,september #cj1 #bjca2 or 7,b7 any grant agreement that may result in any outlay after ,september #cj1 #bjca4 4 #bbjje4 ,additional ,,usda rural development administrative funds ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 subtitle4 #bbjjf4 ,farm loan immediate relief for borrowers with at-risk agricultural operations ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of amounts in the ,treasury not otherwise appropriated1 #c1ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide payments to1 for the cost of loans or loan modifications for1 or to carry out section #cca7;b77#d7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiha7;b77#d77 with respect to distressed borrowers of direct or guaranteed loans administered by the ,farm ,service ,agency under subtitle ,a1 ,b1 or ,c of that ,act 7#g ,u4,s4,c4 #aibb through #aigj74 ,in carrying out this section1 the ,secretary shall provide relief to those borrowers whose agricultural operations are at financial risk as expeditiously as possible1 as determined by the ,secretary4 #bbjjg4 ,,usda assistance and support for underserved farmers1 ranchers1 and foresters ,section #ajjf of the ,american ,rescue ,plan ,act of #bjba 7#g ,u4,s4,c4 #bbgi note2 ,public ,law #aag-b7 is amended to read as follows3 #ajjf4 ,,usda assistance and support for underserved farmers1 ranchers1 foresters 7a7 ,technical and other assistance ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #abe1jjj1jjj to provide outreach1 mediation1 financial training1 capacity building training1 cooperative development and agricultural credit training and support1 and other technical assistance on issues concerning food1 agriculture1 agricultural credit1 agricultural extension1 rural development1 or nutrition to underserved farmers1 ranchers1 or forest landowners1 including veterans1 limited resource producers1 beginning farmers and ranchers1 and farmers1 ranchers1 and forest landowners living in high poverty areas4 7b7 ,land loss assistance ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj to provide grants and loans to eligible entities1 as determined by the ,secretary1 to improve land access 7including heirs' property and fractionated land issues7 for underserved farmers1 ranchers1 and forest landowners1 including veterans1 limited resource producers1 beginning farmers and ranchers1 and farmers1 ranchers1 and forest landowners living in high poverty areas4 7c7 ,equity commissions ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj 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 ,agriculture4 7d7 ,research1 education1 and extension ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj to support and supplement agricultural research1 education1 and extension1 as well as scholarships and programs that provide internships and pathways to agricultural sector or ,federal employment1 for #ahij ,institutions 7as defined in section #b of the ,agricultural1 ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfja771 #aiid ,institutions 7as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb771 ,alaska ,native serving institutions and ,native ,hawaiian serving institutions eligible to receive grants under subsections 7a7 and 7b71 respectively1 of section #adai;,b of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #caef71 ,hispanic-serving institutions eligible to receive grants under section #adee of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cbda71 and the insular area institutions of higher education located in the territories of the ,united ,states1 as referred to in section #adhi of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccfa74 7e7 ,discrimination financial assistance ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #b1bjj1jjj1jjj for a program to provide financial assistance1 including the cost of any financial assistance1 to farmers1 ranchers1 or forest landowners determined to have experienced discrimination prior to ,january #a1 #bjba1 in ,department of ,agriculture farm lending programs1 under which the amount of financial assistance provided to a recipient may be not more than #ejj1jjj1 as determined to be appropriate based on any consequences experienced from the discrimination1 which program shall be administered through #a or more qualified nongovernmental entities selected by the ,secretary subject to standards set and enforced by the ,secretary4 7f7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #bd1jjj1jjj for administrative costs1 including training employees1 of the agencies and offices of the ,department of ,agriculture to carry out this section4 7g7 ,limitation ,the funds made available under this section are subject to the condition that the ,secretary shall not-- 7#a7 enter into any agreement under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 or 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under this section4 4 #bbjjh4 ,repeal of farm loan assistance ,section #ajje of the ,american ,rescue ,plan ,act of #bjba 7#g ,u4,s4,c4 #aiba note2 ,public ,law #aag-b7 is repealed4 ,d ,forestry #bcjja4 ,national forest system restoration and fuels reduction projects 7a7 ,appropriations ,in addition to amounts otherwise available1 there are appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #a1hjj1jjj1jjj for hazardous fuels reduction projects on ,national ,forest ,system land within the wildland-urban interface2 7#b7 #bjj1jjj1jjj for vegetation management projects on ,national ,forest ,system land carried out in accordance with a plan developed under section #cjc7;d77#a7 or #cjd7;a77#c7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fedb7;d77#a7 or #fedc7;a77#c772 7#c7 #ajj1jjj1jjj 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 #aifi 7#db ,u4,s4,c4 #dcba through #dcgjm-#ab72 and 7#d7 #ej1jjj1jjj 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 ,system4 7b7 ,restrictions ,none of the funds made available by paragraph 7#a7 or 7#b7 of subsection 7a7 may be used for any activity-- 7#a7 conducted in a wilderness area or wilderness study area2 7#b7 that includes the construction of a permanent road or motorized trail2 7#c7 that includes the construction of a temporary road1 except in the case of a temporary road that is decommissioned by the ,secretary not later than #c years after the earlier of-- 7,a7 the date on which the temporary road is no longer needed2 and 7,b7 the date on which the project for which the temporary road was constructed is completed2 7#d7 inconsistent with the applicable land management plan2 7#e7 inconsistent with the prohibitions of the rule of the ,forest ,service entitled ,special ,areas2 ,roadless ,area ,conservation 7#ff ,fed4 ,reg4 #cbdd 7,january #ab1 #bjja771 as modified by subparts ,c and ,d of part #bid of title #cf1 ,code of ,federal ,regulations2 or 7#f7 carried out on any land that is not ,national ,forest ,system land1 including other forested land on ,federal1 ,state1 ,tribal1 or private land4 7c7 ,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 purposes4 7d7 ,cost-sharing waiver 7#a7 ,in general ,the non-,federal cost-share requirement of a project described in paragraph 7#b7 may be waived at the discretion of the ,secretary4 7#b7 ,project described ,a project referred to in paragraph 7#a7 is a project that-- 7,a7 is carried out using funds made available under this section2 7,b7 requires a partnership agreement1 including a cooperative agreement or mutual interest agreement2 and 7,c7 is subject to a non-,federal cost-share requirement4 7e7 ,definitions ,in this section3 7#a7 ,decommission ,the term decommission means1 with respect to a road-- 7,a7 reestablishing native vegetation on the road2 7,b7 restoring any natural drainage1 watershed function1 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 contours2 and 7,c7 effectively blocking the road to vehicular traffic1 where feasible4 7#b7 ,ecological integrity ,the term ecological integrity has the meaning given the term in section #bai4ai of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#c7 ,hazardous fuels reduction project ,the term hazardous fuels reduction project means an activity1 including the use of prescribed fire1 to protect structures and communities from wildfire that is carried out on ,national ,forest ,system land4 7#d7 ,restoration ,the term restoration has the meaning given the term in section #bai4ai of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#e7 ,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 vegetation1 the use of prescribed fire1 the restoration of aquatic habitat1 or the decommissioning of an unauthorized1 temporary1 or system road4 7#f7 ,wildland-urban interface ,the term wildland-urban interface has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 #bcjjb4 ,competitive grants for non-,federal forest landowners 7a7 ,appropriations ,in addition to amounts otherwise available1 there are appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #aej1jjj1jjj for the competitive grant program under section #ac;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baji;a7 for providing through that program a cost share to carry out climate mitigation or forest resilience practices in the case of underserved forest landowners1 subject to the condition that subsection 7h7 of that section shall not apply2 7#b7 #aej1jjj1jjj for the competitive grant program under section #ac;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baji;a7 for providing through that program grants to support the participation of underserved forest landowners in emerging private markets for climate mitigation or forest resilience1 subject to the condition that subsection 7h7 of that section shall not apply2 7#c7 #ajj1jjj1jjj for the competitive grant program under section #ac;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baji;a7 for providing through that program grants to support the participation of forest landowners who own less than #b1ejj acres of forest land in emerging private markets for climate mitigation or forest resilience1 subject to the condition that subsection 7h7 of that section shall not apply2 7#d7 #ej1jjj1jjj for the competitive grant program under section #ac;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baji;a7 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 land1 that are determined by the ,secretary1 based on the best available science1 to provide measurable increases in carbon sequestration and storage beyond customary practices on comparable land1 subject to the conditions that-- 7,a7 those payments shall not preclude landowners from participation in other public and private sector financial incentive programs2 and 7,b7 subsection 7h7 of that section shall not apply2 and 7#e7 #ajj1jjj1jjj to provide grants under the wood innovation grant program under section #hfdc of the ,agriculture ,improvement ,act of #bjah 7#g ,u4,s4,c4 #gfee;d71 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 utilized1 subject to the conditions that-- 7,a7 the amount of such a grant shall be not more than #e1jjj1jjj2 and 7,b7 notwithstanding subsection 7d7 of that section1 a recipient of such a grant shall provide funds equal to not less than #ej percent of the amount received under the grant1 to be derived from non-,federal sources4 7b7 ,cost-sharing requirement ,any partnership agreements1 including cooperative agreements and mutual interest agreements1 using funds made available under this section shall be subject to a non-,federal cost-share requirement of not less than #bj percent of the project cost1 which may be waived at the discretion of the ,secretary4 7c7 ,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 purposes4 #bcjjc4 ,state and private forestry conservation programs 7a7 ,appropriations ,in addition to amounts otherwise available1 there are appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #gjj1jjj1jjj to provide competitive grants to ,states through the ,forest ,legacy ,program established under section #g of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;c7 for projects for the acquisition of land and interests in land2 and 7#b7 #a1ejj1jjj1jjj to provide multiyear1 programmatic1 competitive grants to a ,state agency1 a local governmental entity1 an agency or governmental entity of the ,district of ,columbia1 an agency or governmental entity of an insular area 7as defined in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc771 an ,indian ,tribe1 or a nonprofit organization through the ,urban and ,community ,forestry ,assistance program established under section #i7;c7 of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baje7;c77 for tree planting and related activities4 7b7 ,waiver ,any non-,federal cost-share requirement otherwise applicable to projects carried out under this section may be waived at the discretion of the ,secretary4 #bcjjd4 ,limitation ,the funds made available under this subtitle are subject to the condition that the ,secretary shall not-- 7#a7 enter into any agreement-- 7,a7 that is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 or 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under this subtitle4 #bcjje4 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj to remain available until ,september #cj1 #bjca1 for administrative costs of the agencies and offices of the ,department of ,agriculture for costs related to implementing this subtitle4 ,,iii ,committee on ,banking1 ,housing1 and ,urban ,affairs #cjjja4 ,enhanced use of ,defense ,production ,act of #aiej ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to carry out the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq474 #cjjjb4 ,improving energy efficiency or water efficiency or climate resilience of affordable housing 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #hcg1ejj1jjj1 to remain available until ,september #cj1 #bjbh1 for the cost of providing direct loans1 the costs of modifying such loans1 and for grants1 as provided for and subject to terms and conditions in subsection 7b71 including to subsidize gross obligations for the principal amount of such loans1 not to exceed #d1jjj1jjj1jjj1 to fund projects that improve energy or water efficiency1 enhance indoor air quality or sustainability1 implement the use of zero-emission electricity generation1 low-emission building materials or processes1 energy storage1 or building electrification strategies1 or address climate resilience1 of an eligible property2 7#b7 #fj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for the costs to the ,secretary for information technology1 research and evaluation1 and administering and overseeing the implementation of this section2 7#c7 #fj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for expenses of contracts or cooperative agreements administered by the ,secretary2 and 7#d7 #db1ejj1jjj1 to remain available until ,september #cj1 #bjbh1 for energy and water benchmarking of properties eligible to receive grants or loans under this section1 regardless of whether they actually received such grants or loans1 along with associated data analysis and evaluation at the property and portfolio level1 and the development of information technology systems necessary for the collection1 evaluation1 and analysis of such data4 7b7 ,loan and grant terms and conditions ,amounts made available under this section shall be for direct loans1 grants1 and direct loans that can be converted to grants to eligible recipients that agree to an extended period of affordability for the property4 7c7 ,definitions ,as used in this section-- 7#a7 the term eligible recipient means any owner or sponsor of an eligible property2 and 7#b7 the term eligible property means a property assisted pursuant to-- 7,a7 section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq72 7,b7 section #bjb of the ,housing ,act of #aiei 7former #ab ,u4,s4,c4 #agjaq71 as such section existed before the enactment of the ,cranston-,gonzalez ,national ,affordable ,housing ,act2 7,c7 section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac72 7,d7 section #h7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7b772 7,e7 section #bcf of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaez-#a72 or 7,f7 a ,housing ,assistance ,payments contract for ,project-,based ,rental ,assistance in fiscal year #bjba4 7d7 ,waiver ,the ,secretary may waive or specify alternative requirements for any provision of subsection 7c7 or 7bb7 of section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c71 #adcg;f7bb77 upon a finding that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section4 7e7 ,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 appropriated1 which requirements shall take effect upon issuance4 ,,iv ,committee on ,commerce1 ,science1 and ,transportation #djjja4 ,investing in coastal communities and climate resilience 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1fjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to provide funding through direct expenditure1 contracts1 grants1 cooperative agreements1 or technical assistance to coastal states 7as defined in paragraph 7#d7 of section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec7d7771 the ,district of ,columbia1 ,tribal ,governments1 nonprofit organizations1 local governments1 and institutions of higher education 7as defined in subsection 7a7 of section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 for the conservation1 restoration1 and protection of coastal and marine habitats1 resources1 ,pacific salmon and other marine fisheries1 to enable coastal communities to prepare for extreme storms and other changing climate conditions1 and for projects that support natural resources that sustain coastal and marine resource dependent communities1 marine fishery and marine mammal stock assessments1 and for related administrative expenses4 7b7 ,tribal government defined ,in this section1 the term ,tribal ,government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this subsection pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 #djjjb4 ,facilities of the national oceanic and atmospheric administration and national marine sanctuaries 7a7 ,national oceanic and atmospheric administration facilities ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the construction of new facilities1 facilities in need of replacement1 piers1 marine operations facilities1 and fisheries laboratories4 7b7 ,national marine sanctuaries facilities ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the construction of facilities to support the ,national ,marine ,sanctuary ,system established under subsection 7c7 of section #cja of the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adca7;c774 #djjjc4 ,,noaa efficient and effective reviews ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to conduct more efficient1 accurate1 and timely reviews for planning1 permitting and approval processes through the hiring and training of personnel1 and the purchase of technical and scientific services and new equipment1 and to improve agency transparency1 accountability1 and public engagement4 #djjjd4 ,oceanic and atmospheric research and forecasting for weather and climate 7a7 ,forecasting and research ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to accelerate advances and improvements in research1 observation systems1 modeling1 forecasting1 assessments1 and dissemination of information to the public as it pertains to ocean and atmospheric processes related to weather1 coasts1 oceans1 and climate1 and to carry out section #ajb7;a7 of the ,weather ,research and ,forecasting ,innovation ,act of #bjag 7#ae ,u4,s4,c4 #heab7;a771 and for related administrative expenses4 7b7 ,research grants and science information1 products1 and services ,in addition to amounts otherwise available1 there are appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjbf1 #ej1jjj1jjj for competitive grants to fund climate research as it relates to weather1 ocean1 coastal1 and atmospheric processes and conditions1 and impacts to marine species and coastal habitat1 and for related administrative expenses4 #djjje4 ,computing capacity and research for weather1 oceans1 and climate ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aij1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the procurement of additional high-performance computing1 data processing capacity1 data management1 and storage assets1 to carry out section #bjd7;a77#b7 of the ,high-,performance ,computing ,act of #aiia 7#ae ,u4,s4,c4 #eebd7;a77#b771 and for transaction agreements authorized under section #cja7;d77#a77;,a7 of the ,weather ,research and ,forecasting ,innovation ,act of #bjag 7#ae ,u4,s4,c4 #heca7;d77#a77;,a771 and for related administrative expenses4 #djjjf4 ,acquisition of hurricane forecasting aircraft ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the acquisition of hurricane hunter aircraft under section #dac7;a7 of the ,weather ,research and ,forecasting ,innovation ,act of #bjag 7#ae ,u4,s4,c4 #hedi7;a774 #djjjg4 ,alternative fuel and low-emission aviation technology program 7a7 ,appropriation and establishment ,for purposes of establishing a competitive grant program for eligible entities to carry out projects located in the ,united ,states that produce1 transport1 blend1 or store sustainable aviation fuel1 or develop1 demonstrate1 or apply low-emission aviation technologies1 in addition to amounts otherwise available1 there are appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjbf-- 7#a7 #bdd1ecj1jjj for projects relating to the production1 transportation1 blending1 or storage of sustainable aviation fuel2 7#b7 #df1ecj1jjj for projects relating to low-emission aviation technologies2 and 7#c7 #e1idj1jjj to fund the award of grants under this section1 and oversight of the program1 by the ,secretary4 7b7 ,considerations ,in carrying out subsection 7a71 the ,secretary shall consider1 with respect to a proposed project-- 7#a7 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 industry2 7#b7 the projected greenhouse gas emissions from such project1 including emissions resulting from the development of the project1 and the potential the project has to reduce or displace1 on a lifecycle basis1 ,united ,states greenhouse gas emissions associated with air travel2 7#c7 the capacity to create new jobs and develop supply chain partnerships in the ,united ,states2 7#d7 for projects related to the production of sustainable aviation fuel1 the projected lifecycle greenhouse gas emissions benefits from the proposed project1 which shall include feedstock and fuel production and potential direct and indirect greenhouse gas emissions 7including resulting from changes in land use72 and 7#e7 the benefits of ensuring a diversity of feedstocks for sustainable aviation fuel1 including the use of waste carbon oxides and direct air capture4 7c7 ,cost share ,the ,federal share of the cost of a project carried out using grant funds under subsection 7a7 shall be #ge percent of the total proposed cost of the project1 except that such ,federal share shall increase to #ij percent of the total proposed cost of the project if the eligible entity is a small hub airport or nonhub airport1 as such terms are defined in section #dgajb of title #di1 ,united ,states ,code4 7d7 ,fuel emissions reduction test ,for purposes of clause 7ii7 of subsection 7e77#g77;,e71 the ,secretary shall1 not later than #b years after the date of enactment of this section1 adopt at least #a methodology for testing lifecycle greenhouse gas emissions that meets the requirements of such clause4 7e7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or local government1 including the ,district of ,columbia1 other than an airport sponsor2 7,b7 an air carrier2 7,c7 an airport sponsor2 7,d7 an accredited institution of higher education2 7,e7 a research institution2 7,f7 a person or entity engaged in the production1 transportation1 blending1 or storage of sustainable aviation fuel in the ,united ,states or feedstocks in the ,united ,states that could be used to produce sustainable aviation fuel2 7,g7 a person or entity engaged in the development1 demonstration1 or application of low-emission aviation technologies2 or 7,h7 nonprofit entities or nonprofit consortia with experience in sustainable aviation fuels1 low-emission aviation technologies1 or other clean transportation research programs4 7#b7 ,feedstock ,the term feedstock means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals4 7#c7 ,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 used4 7#d7 ,lifecycle greenhouse gas emissions ,the term lifecycle greenhouse gas emissions means the combined greenhouse gas emissions from feedstock production1 collection of feedstock1 transportation of feedstock to fuel production facilities1 conversion of feedstock to fuel1 transportation and distribution of fuel1 and fuel combustion in an aircraft engine1 as well as from induced land-use change values4 7#e7 ,low-emission aviation technologies ,the term low-emission aviation technologies means technologies1 produced in the ,united ,states1 that significantly-- 7,a7 improve aircraft fuel efficiency2 7,b7 increase utilization of sustainable aviation fuel2 or 7,c7 reduce greenhouse gas emissions produced during operation of civil aircraft4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#g7 ,sustainable aviation fuel ,the term sustainable aviation fuel means liquid fuel1 produced in the ,united ,states1 that-- 7,a7 consists of synthesized hydrocarbons2 7,b7 meets the requirements of-- 7i7 ,,astm ,international ,standard ,d#geff2 or 7ii7 the co-processing provisions of ,,astm ,international ,standard ,d#afee1 ,annex ,a#a 7or such successor standard72 7,c7 is derived from biomass 7in a similar manner as such term is defined in section #de,k7c77#c7 of the ,internal ,revenue ,code of #aihf71 waste streams1 renewable energy sources1 or gaseous carbon oxides2 7,d7 is not derived from palm fatty acid distillates2 and 7,e7 achieves at least a #ej percent lifecycle greenhouse gas emissions reduction in comparison with petroleum-based jet fuel1 as determined by a test that shows-- 7i7 the fuel production pathway achieves at least a #ej 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 ,states2 or 7ii7 the fuel production pathway achieves at least a #ej 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-- 7,i7 reflective of the latest scientific understanding of lifecycle greenhouse gas emissions2 and 7,,ii7 as stringent as the requirement under clause 7i74 ,v ,committee on ,energy and ,natural ,resources ,a ,energy #a ,general provisions #ejaaa4 ,definitions ,in this subtitle3 7#a7 ,greenhouse gas ,the term greenhouse gas has the meaning given the term in section #afaj7;a7 of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acchi7;a774 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,state ,the term ,state means a ,state1 the ,district of ,columbia1 and a ,united ,states ,insular ,area 7as that term is defined in section #ejbaa74 7#d7 ,state energy office ,the term ,state energy office has the meaning given the term in section #abd7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehba7;a774 7#e7 ,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 7#db ,u4,s4,c4 #fcba through #fcbf74 #b ,residential efficiency and electrification rebates #ejaba4 ,home energy performance-based1 whole-house rebates 7a7 ,appropriation 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1cjj1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to carry out a program to award grants to ,state energy offices to develop and implement a ,,homes rebate program4 7#b7 ,allocation of funds 7,a7 ,in general ,the ,secretary shall reserve funds made available under paragraph 7#a7 for each ,state energy office-- 7i7 in accordance with the allocation formula for the ,state ,energy ,program in effect on ,january #a1 #bjbb2 and 7ii7 to be distributed to a ,state energy office if the application of the ,state energy office under subsection 7b7 is approved4 7,b7 ,additional funds ,not earlier than #b years after the date of enactment of this ,act1 any money reserved under subparagraph 7,a7 but not distributed under clause 7ii7 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 7,a77ii74 7#c7 ,administrative expenses ,of the funds made available under paragraph 7#a71 the ,secretary shall use not more than #c percent for-- 7,a7 administrative purposes2 and 7,b7 providing technical assistance relating to activities carried out under this section4 7b7 ,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 program1 including a plan-- 7#a7 to use procedures1 as approved by the ,secretary1 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 #bdjj1 for purposes of modeled performance home rebates2 7#b7 to use open-source advanced measurement and verification software1 as approved by the ,secretary1 for determining and documenting the monthly and hourly 7if available7 weather-normalized energy use of a home before and after the implementation of a home energy efficiency retrofit1 for purposes of measured performance home rebates2 7#c7 to value savings based on time1 location1 or greenhouse gas emissions2 7#d7 for quality monitoring to ensure that each home energy efficiency retrofit for which a rebate is provided is documented in a certificate that-- 7,a7 is provided by the contractor and certified by a third party to the homeowner2 and 7,b7 details the work performed1 the equipment and materials installed1 and the projected energy savings or energy generation to support accurate valuation of the retrofit2 7#e7 to provide a contractor performing a home energy efficiency retrofit or an aggregator who has the right to claim a rebate #bjj for each home located in a disadvantaged community that receives a home energy efficiency retrofit for which a rebate is provided under the program2 and 7#f7 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 program1 pursuant to subsection 7c77#g74 7c7 ,,homes rebate program 7#a7 ,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 #cj1 #bjca4 7#b7 ,amount of rebate ,subject to paragraph 7#c71 under a ,,homes rebate program1 the amount of a rebate shall not exceed-- 7,a7 for individuals and aggregators carrying out energy efficiency upgrades of single-family homes-- 7i7 in the case of a retrofit that achieves modeled energy system savings of not less than #bj percent but less than #ce percent1 the lesser of-- 7,i7 #b1jjj2 and 7,,ii7 #ej percent of the project cost2 7ii7 in the case of a retrofit that achieves modeled energy system savings of not less than #ce percent1 the lesser of-- 7,i7 #d1jjj2 and 7,,ii7 #ej percent of the project cost2 and 7iii7 for measured energy savings1 in the case of a home or portfolio of homes that achieves energy savings of not less than #ae percent-- 7,i7 a payment rate per kilowatt hour saved1 or kilowatt hour-equivalent saved1 equal to #b1jjj for a #bj percent reduction of energy use for the average home in the ,state2 or 7,,ii7 #ej percent of the project cost2 7,b7 for multifamily building owners and aggregators carrying out energy efficiency upgrades of multifamily buildings-- 7i7 in the case of a retrofit that achieves modeled energy system savings of not less than #bj percent but less than #ce percent1 #b1jjj per dwelling unit1 with a maximum of #bjj1jjj per multifamily building2 7ii7 in the case of a retrofit that achieves modeled energy system savings of not less than #ce percent1 #d1jjj per dwelling unit1 with a maximum of #djj1jjj per multifamily building2 or 7iii7 for measured energy savings1 in the case of a multifamily building or portfolio of multifamily buildings that achieves energy savings of not less than #ae percent-- 7,i7 a payment rate per kilowatt hour saved1 or kilowatt hour-equivalent saved1 equal to #b1jjj for a #bj percent reduction of energy use per dwelling unit for the average multifamily building in the ,state2 or 7,,ii7 #ej percent of the project cost2 and 7,c7 for individuals and aggregators carrying out energy efficiency upgrades of a single-family home occupied by a low- or moderate-income household or a multifamily building not less than #ej percent of the dwelling units of which are occupied by low- or moderate-income households-- 7i7 in the case of a retrofit that achieves modeled energy system savings of not less than #bj percent but less than #ce percent1 the lesser of-- 7,i7 #d1jjj per single-family home or dwelling unit2 and 7,,ii7 #hj percent of the project cost2 7ii7 in the case of a retrofit that achieves modeled energy system savings of not less than #ce percent1 the lesser of-- 7,i7 #h1jjj per single-family home or dwelling unit2 and 7,,ii7 #hj percent of the project cost2 and 7iii7 for measured energy savings1 in the case of a single-family home1 multifamily building1 or portfolio of single-family homes or multifamily buildings that achieves energy savings of not less than #ae percent-- 7,i7 a payment rate per kilowatt hour saved1 or kilowatt hour-equivalent saved1 equal to #d1jjj for a #bj percent reduction of energy use per single-family home or dwelling unit1 as applicable1 for the average single-family home or multifamily building in the ,state2 or 7,,ii7 #hj percent of the project cost4 7#c7 ,rebates to low- or moderate-income households ,on approval from the ,secretary1 notwithstanding paragraph 7#b71 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 households4 7#d7 ,use of funds ,a ,state energy office that receives a grant pursuant to this section may use not more than #bj percent of the grant amount for planning1 administration1 or technical assistance related to a ,,homes rebate program4 7#e7 ,data access guidelines ,the ,secretary shall develop and publish guidelines for ,states relating to residential electric and natural gas energy data sharing4 7#f7 ,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 #dbj4ah of title #aj1 ,code of ,federal ,regulations4 7#g7 ,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 rebate1 including a rebate provided under a high-efficiency electric home rebate program 7as defined in section #ejabb7;d771 for the same single upgrade4 7d7 ,definitions ,in this section3 7#a7 ,disadvantaged community ,the term disadvantaged community means a community that the ,secretary determines1 based on appropriate data1 indices1 and screening tools1 is economically1 socially1 or environmentally disadvantaged4 7#b7 ,,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 ,program4 7#c7 ,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 #hj percent of the median income of the area in which the individual or family resides1 as reported by the ,department of ,housing and ,urban ,development1 including an individual or family that has demonstrated eligibility for another ,federal program with income restrictions equal to or below #hj percent of area median income4 #ejabb4 ,high-efficiency electric home rebate program 7a7 ,appropriations 7#a7 ,funds to state energy offices and indian tribes ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to carry out a program-- 7,a7 to award grants to ,state energy offices to develop and implement a high-efficiency electric home rebate program in accordance with subsection 7c71 #d1bge1jjj1jjj1 to remain available through ,september #cj1 #bjca2 and 7,b7 to award grants to ,indian ,tribes to develop and implement a high-efficiency electric home rebate program in accordance with subsection 7c71 #bbe1jjj1jjj1 to remain available through ,september #cj1 #bjca4 7#b7 ,allocation of funds 7,a7 ,state energy offices ,the ,secretary shall reserve funds made available under paragraph 7#a77;,a7 for each ,state energy office-- 7i7 in accordance with the allocation formula for the ,state ,energy ,program in effect on ,january #a1 #bjbb2 and 7ii7 to be distributed to a ,state energy office if the application of the ,state energy office under subsection 7b7 is approved4 7,b7 ,indian tribes ,the ,secretary shall reserve funds made available under paragraph 7#a77;,b7-- 7i7 in a manner determined appropriate by the ,secretary2 and 7ii7 to be distributed to an ,indian ,tribe if the application of the ,indian ,tribe under subsection 7b7 is approved4 7,c7 ,additional funds ,not earlier than #b years after the date of enactment of this ,act1 any money reserved under-- 7i7 subparagraph 7,a7 but not distributed under clause 7ii7 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 clause2 and 7ii7 subparagraph 7,b7 but not distributed under clause 7ii7 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 clause4 7#c7 ,administrative expenses ,of the funds made available under paragraph 7#a71 the ,secretary shall use not more than #c percent for-- 7,a7 administrative purposes2 and 7,b7 providing technical assistance relating to activities carried out under this section4 7b7 ,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 program1 including-- 7#a7 a plan to verify the income eligibility of eligible entities seeking a rebate for a qualified electrification project2 7#b7 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 sale2 7#c7 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 program1 pursuant to subsection 7c77#h72 and 7#d7 any additional information that the ,secretary may require4 7c7 ,high-efficiency electric home rebate program 7#a7 ,in general ,under the program1 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 projects4 7#b7 ,guidelines ,the ,secretary shall prescribe guidelines for high-efficiency electric home rebate programs1 including guidelines for providing point of sale rebates in a manner consistent with the income eligibility requirements under this section4 7#c7 ,amount of rebate 7,a7 ,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-- 7i7 not more than #a1gej for a heat pump water heater2 7ii7 not more than #h1jjj for a heat pump for space heating or cooling2 and 7iii7 not more than #hdj for-- 7,i7 an electric stove1 cooktop1 range1 or oven2 or 7,,ii7 an electric heat pump clothes dryer4 7,b7 ,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-- 7i7 not more than #d1jjj for an electric load service center upgrade2 7ii7 not more than #a1fjj for insulation1 air sealing1 and ventilation2 and 7iii7 not more than #b1ejj for electric wiring4 7,c7 ,maximum rebate ,an eligible entity receiving multiple rebates under this section may receive not more than a total of #ad1jjj in rebates4 7#d7 ,limitations ,a rebate provided using funding under this section shall not exceed-- 7,a7 in the case of an eligible entity described in subsection 7d77#a77;,a7-- 7i7 #ej percent of the cost of the qualified electrification project for a household the annual income of which is not less than #hj percent and not greater than #aej percent of the area median income2 and 7ii7 #ajj percent of the cost of the qualified electrification project for a household the annual income of which is less than #hj percent of the area median income2 7,b7 in the case of an eligible entity described in subsection 7d77#a77;,b7-- 7i7 #ej percent of the cost of the qualified electrification project for a multifamily building not less than #ej percent of the residents of which are households the annual income of which is not less than #hj percent and not greater than #aej percent of the area median income2 and 7ii7 #ajj percent of the cost of the qualified electrification project for a multifamily building not less than #ej percent of the residents of which are households the annual income of which is less than #hj percent of the area median income2 or 7,c7 in the case of an eligible entity described in subsection 7d77#a77;,c7-- 7i7 #ej percent of the cost of the qualified electrification project for a household-- 7,i7 on behalf of which the eligible entity is working2 and 7,,ii7 the annual income of which is not less than #hj percent and not greater than #aej percent of the area median income2 and 7ii7 #ajj percent of the cost of the qualified electrification project for a household-- 7,i7 on behalf of which the eligible entity is working2 and 7,,ii7 the annual income of which is less than #hj percent of the area median income4 7#e7 ,amount for installation of upgrades 7,a7 ,in general ,in the case of an eligible entity described in subsection 7d77#a77;,c7 that receives a rebate under the program and performs the installation of the applicable qualified electrification project1 a ,state energy office or ,indian ,tribe shall provide to that eligible entity1 in addition to the rebate1 an amount that-- 7i7 does not exceed #ejj2 and 7ii7 is commensurate with the scale of the upgrades installed as part of the qualified electrification project1 as determined by the ,secretary4 7,b7 ,treatment ,an amount received under subparagraph 7,a7 by an eligible entity described in that subparagraph shall not be subject to the requirement under paragraph 7#f74 7#f7 ,requirement ,an eligible entity described in subparagraph 7,c7 of subsection 7d77#a7 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 7,a7 or 7,b7 of that subsection on behalf of which the qualified electrification project is carried out4 7#g7 ,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 #dbj4ah of title #aj1 ,code of ,federal ,regulations4 7#h7 ,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 rebate1 including a rebate provided under a ,,homes rebate program 7as defined in section #ejaba7;d771 for the same qualified electrification project4 7#i7 ,administrative costs ,a ,state energy office or ,indian ,tribe that receives a grant under the program shall use not more than #bj percent of the grant amount for planning1 administration1 or technical assistance relating to a high-efficiency electric home rebate program4 7d7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a low- or moderate-income household2 7,b7 an individual or entity that owns a multifamily building not less than #ej percent of the residents of which are low- or moderate-income households2 and 7,c7 a governmental1 commercial1 or nonprofit entity1 as determined by the ,secretary1 carrying out a qualified electrification project on behalf of an entity described in subparagraph 7,a7 or 7,b74 7#b7 ,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 7c7 using a grant received under the program4 7#c7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,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 #aej percent of the median income of the area in which the individual or family resides1 as reported by the ,department of ,housing and ,urban ,development1 including an individual or family that has demonstrated eligibility for another ,federal program with income restrictions equal to or below #aej percent of area median income4 7#e7 ,program ,the term program means the program carried out by the ,secretary under subsection 7a77#a74 7#f7 ,qualified electrification project 7,a7 ,in general ,the term qualified electrification project means a project that-- 7i7 includes the purchase and installation of-- 7,i7 an electric heat pump water heater2 7,,ii7 an electric heat pump for space heating and cooling2 7,,iii7 an electric stove1 cooktop1 range1 or oven2 7,,iv7 an electric heat pump clothes dryer2 7,v7 an electric load service center2 7,,vi7 insulation2 7,,vii7 air sealing and materials to improve ventilation2 or 7,,viii7 electric wiring2 7ii7 with respect to any appliance described in clause 7i71 the purchase of which is carried out-- 7,i7 as part of new construction2 7,,ii7 to replace a nonelectric appliance2 or 7,,iii7 as a first-time purchase with respect to that appliance2 and 7iii7 is carried out at1 or relating to1 a single-family home or multifamily building1 as applicable and defined by the ,secretary4 7,b7 ,exclusions ,the term qualified electrification project does not include any project with respect to which the appliance1 system1 equipment1 infrastructure1 component1 or other item described in subclauses 7,i7 through 7,,viii7 of subparagraph 7,a77i7 is not certified under the ,energy ,star program established by section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a71 if applicable4 #ejabc4 ,state-based home energy efficiency contractor training grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to carry out a program to provide financial assistance to ,states to develop and implement a ,state program described in section #cfb7;d77#ac7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77#ac771 which shall provide training and education to contractors involved in the installation of home energy efficiency and electrification improvements1 including improvements eligible for rebates under a ,,homes rebate program 7as defined in section #ejaba7;d77 or a high-efficiency electric home rebate program 7as defined in section #ejabb7;d771 as part of an approved ,state energy conservation plan under the ,state ,energy ,program4 7b7 ,use of funds ,a ,state may use amounts received under subsection 7a7-- 7#a7 to reduce the cost of training contractor employees2 7#b7 to provide testing and certification of contractors trained and educated under a ,state program developed and implemented pursuant to subsection 7a72 and 7#c7 to partner with nonprofit organizations to develop and implement a ,state program pursuant to subsection 7a74 7c7 ,administrative expenses ,of the amounts received by a ,state under subsection 7a71 a ,state shall use not more than #aj percent for administrative expenses associated with developing and implementing a ,state program pursuant to that subsection4 #c ,building efficiency and resilience #ejaca4 ,assistance for latest and zero building energy code adoption 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #ccj1jjj1jjj1 to remain available through ,september #cj1 #bjbi1 to carry out activities under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba through #fcbf7 in accordance with subsection 7b72 and 7#b7 #fgj1jjj1jjj1 to remain available through ,september #cj1 #bjbi1 to carry out activities under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba through #fcbf7 in accordance with subsection 7c74 7b7 ,latest building energy code ,the ,secretary shall use funds made available under subsection 7a77#a7 for grants to assist ,states1 and units of local government that have authority to adopt building codes-- 7#a7 to adopt-- 7,a7 a building energy code 7or codes7 for residential buildings that meets or exceeds the #bjba ,international ,energy ,conservation ,code1 or achieves equivalent or greater energy savings2 7,b7 a building energy code 7or codes7 for commercial buildings that meets or exceeds the ,,ansi_/,,ashrae_/,,ies ,standard #ij4a-bjai1 or achieves equivalent or greater energy savings2 or 7,c7 any combination of building energy codes described in subparagraph 7,a7 or 7,b72 and 7#b7 to implement a plan for the jurisdiction to achieve full compliance with any building energy code adopted under paragraph 7#a7 in new and renovated residential or commercial buildings1 as applicable1 which plan shall include active training and enforcement programs and measurement of the rate of compliance each year4 7c7 ,zero energy code ,the ,secretary shall use funds made available under subsection 7a77#b7 for grants to assist ,states1 and units of local government that have authority to adopt building codes-- 7#a7 to adopt a building energy code 7or codes7 for residential and commercial buildings that meets or exceeds the zero energy provisions in the #bjba ,international ,energy ,conservation ,code or an equivalent stretch code2 and 7#b7 to implement a plan for the jurisdiction to achieve full compliance with any building energy code adopted under paragraph 7#a7 in new and renovated residential and commercial buildings1 which plan shall include active training and enforcement programs and measurement of the rate of compliance each year4 7d7 ,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 ,act1 #aihe 7#db ,u4,s4,c4 #fcbc;a2 #ih ,stat4 #ahfa71 shall not apply to assistance provided under this section4 7e7 ,administrative costs ,of the amounts made available under this section1 the ,secretary shall reserve not more than #e percent for administrative costs necessary to carry out this section4 #d ,,doe loan and grant programs #ejada4 ,funding for department of energy loan programs office 7a7 ,commitment authority ,in addition to commitment authority otherwise available and previously provided1 the ,secretary may make commitments to guarantee loans for eligible projects under section #agjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac71 up to a total principal amount of #dj1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjbf4 7b7 ,appropriation ,in addition to amounts otherwise available and previously provided1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1fjj1jjj1jjj1 to remain available through ,september #cj1 #bjbf1 for the costs of guarantees made under section #agjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac71 using the loan guarantee authority provided under subsection 7a7 of this section4 7c7 ,administrative expenses ,of the amount made available under subsection 7b71 the ,secretary shall reserve not more than #c percent for administrative expenses to carry out title ,,xvii of the ,energy ,policy ,act of #bjje and for carrying out section #agjb7;h77#c7 of such ,act 7#db ,u4,s4,c4 #afeab7;h77#c774 7d7 ,limitations 7#a7 ,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 section4 7#b7 ,denial of double benefit ,except as provided in paragraph 7#c71 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 funds1 personnel1 or property 7tangible or intangible7 of any ,federal agency1 instrumentality1 personnel1 or affiliated entity are expected to be used 7directly or indirectly7 through acquisitions1 contracts1 demonstrations1 exchanges1 grants1 incentives1 leases1 procurements1 sales1 other transaction authority1 or other arrangements to support the project or to obtain goods or services from the project4 7#c7 ,exception ,paragraph 7#b7 shall not preclude the use of the loan guarantee authority provided under this section for commitments to guarantee loans for-- 7,a7 projects benefitting from otherwise allowable ,federal tax benefits2 7,b7 projects benefitting from being located on ,federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is-- 7i7 paid exclusively in cash2 7ii7 deposited in the ,treasury as offsetting receipts2 and 7iii7 equal to the fair market value2 7,c7 projects benefitting from the ,federal insurance program under section #agj of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj72 or 7,d7 electric generation projects using transmission facilities owned or operated by a ,federal ,power ,marketing ,administration or the ,tennessee ,valley ,authority that have been authorized1 approved1 and financed independent of the project receiving the guarantee4 7e7 ,guarantee ,section #agja7d77;,a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa7d77;,a77 is amended by inserting 1 except that a loan guarantee may guarantee any debt obligation of a non-,federal borrower to any ,eligible ,lender 7as defined in section #fji4b of title #aj1 ,code of ,federal ,regulations7 before the period at the end4 7f7 ,source of payments ,section #agjb7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7;b77#b77 is amended by adding at the end the following3 7#c7 ,source of payments ,the source of a payment received from a borrower under subparagraph 7,a7 or 7,b7 of paragraph 7#b7 may not be a loan or other debt obligation that is made or guaranteed by the ,federal ,government4 4 #ejadb4 ,advanced technology vehicle manufacturing 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjbh1 for the costs of providing direct loans under section #acf7;d7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;d773 ,provided1 ,that funds appropriated by this section may be used for the costs of providing direct loans for reequipping1 expanding1 or establishing a manufacturing facility in the ,united ,states to produce1 or for engineering integration performed in the ,united ,states of1 advanced technology vehicles described in subparagraph 7,c71 7,d71 7,e71 or 7,f7 of section #acf7;a77#a7 of such ,act 7#db ,u4,s4,c4 #agjac7;a77#a77 only if such advanced technology vehicles emit1 under any possible operational mode or condition1 low or zero exhaust emissions of greenhouse gases4 7b7 ,administrative costs ,the ,secretary shall reserve not more than #be1jjj1jjj of amounts made available under subsection 7a7 for administrative costs of providing loans as described in subsection 7a74 7c7 ,elimination of loan program cap ,section #acf7;d77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;d77#a77 is amended by striking a total of not more than #be1jjj1jjj1jjj in4 #ejadc4 ,domestic manufacturing conversion grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to provide grants for domestic production of efficient hybrid1 plug-in electric hybrid1 plug-in electric drive1 and hydrogen fuel cell electric vehicles1 in accordance with section #gab of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfb74 7b7 ,cost share ,the ,secretary shall require a recipient of a grant provided under subsection 7a7 to provide not less than #ej percent of the cost of the project carried out using the grant4 7c7 ,administrative costs ,the ,secretary shall reserve not more than #c percent of amounts made available under subsection 7a7 for administrative costs of making grants described in such subsection 7a7 pursuant to section #gab of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfb74 #ejadd4 ,energy infrastructure reinvestment financing 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjbf1 to carry out activities under section #agjf of the ,energy ,policy ,act of #bjje4 7b7 ,commitment authority ,the ,secretary may make1 through ,september #cj1 #bjbf1 commitments to guarantee loans for projects under section #agjf of the ,energy ,policy ,act of #bjje the total principal amount of which is not greater than #bej1jjj1jjj1jjj1 subject to the limitations that apply to loan guarantees under section #ejada7;d74 7c7 ,energy infrastructure reinvestment financing ,title ,,xvii of the ,energy ,policy ,act of #bjje is amended by inserting after section #agje 7#db ,u4,s4,c4 #afeaf7 the following3 #agjf4 ,energy infrastructure reinvestment financing 7a7 ,in general ,notwithstanding section #agjc1 the ,secretary may make guarantees1 including refinancing1 under this section only for projects that-- 7#a7 retool1 repower1 repurpose1 or replace energy infrastructure that has ceased operations2 or 7#b7 enable operating energy infrastructure to avoid1 reduce1 utilize1 or sequester air pollutants or anthropogenic emissions of greenhouse gases4 7b7 ,inclusion ,a project under subsection 7a7 may include the remediation of environmental damage associated with energy infrastructure4 7c7 ,requirement ,a project under subsection 7a77#a7 that involves electricity generation through the use of fossil fuels shall be required to have controls or technologies to avoid1 reduce1 utilize1 or sequester air pollutants and anthropogenic emissions of greenhouse gases4 7d7 ,application ,to apply for a guarantee under this section1 an applicant shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 a detailed plan describing the proposed project2 7#b7 an analysis of how the proposed project will engage with and affect associated communities2 and 7#c7 in the case of an applicant that is an electric utility1 an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of1 or associated communities served by1 the electric utility4 7e7 ,term ,notwithstanding section #agjb7;f71 the term of an obligation shall require full repayment over a period not to exceed #cj years4 7f7 ,definition of energy infrastructure ,in this section1 the term energy infrastructure means a facility1 and associated equipment1 used for-- 7#a7 the generation or transmission of electric energy2 or 7#b7 the production1 processing1 and delivery of fossil fuels1 fuels derived from petroleum1 or petrochemical feedstocks4 4 7d7 ,conforming amendment ,section #agjb7o77#c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7o77#c77 is amended by inserting and projects described in section #agjf7;a7 before the period at the end4 #ejade4 ,tribal energy loan guarantee program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ge1jjj1jjj1 to remain available through ,september #cj1 #bjbh1 to carry out section #bfjb7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;c771 subject to the limitations that apply to loan guarantees under section #ejada7;d74 7b7 ,department of ,energy ,tribal energy loan guarantee program ,section #bfjb7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking 7 for an amount equal to not more than #ij percent of and inserting 1 except that a loan guarantee may guarantee any debt obligation of a non-,federal borrower to any ,eligible ,lender 7as defined in section #fji4b of title #aj1 ,code of ,federal ,regulations77 for2 and 7#b7 in paragraph 7#d71 by striking #b1jjj1jjj1jjj and inserting #bj1jjj1jjj1jjj4 #e ,electric transmission #ejaea4 ,transmission facility financing 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjcj1 to carry out this section3 ,provided1 ,that the ,secretary shall not enter into any loan agreement pursuant to this section that could result in disbursements after ,september #cj1 #bjca4 7b7 ,use of funds ,the ,secretary shall use the amounts made available by subsection 7a7 to carry out a program to pay the costs of direct loans to non-,federal borrowers1 subject to the limitations that apply to loan guarantees under section #ejada7;d7 and under such terms and conditions as the ,secretary determines to be appropriate1 for the construction or modification of electric transmission facilities designated by the ,secretary to be necessary in the national interest under section #baf7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7a774 7c7 ,loans ,a direct loan provided under this section-- 7#a7 shall have a term that does not exceed the lesser of-- 7,a7 #ij percent of the projected useful life1 in years1 of the eligible transmission facility2 and 7,b7 #cj years2 7#b7 shall not exceed #hj percent of the project costs2 and 7#c7 shall1 on first issuance1 be subject to the condition that the direct loan is not subordinate to other financing4 7d7 ,interest rates ,a direct loan provided under this section shall bear interest at a rate determined by the ,secretary1 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 made4 7e7 ,definition of direct loan ,in this section1 the term direct loan has the meaning given the term in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a74 #ejaeb4 ,grants to facilitate the siting of interstate electricity transmission lines 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #gfj1jjj1jjj1 to remain available through ,september #cj1 #bjbi1 for making grants in accordance with this section and for administrative expenses associated with carrying out this section4 7b7 ,use of funds 7#a7 ,in general ,the ,secretary may make a grant under this section to a siting authority for1 with respect to a covered transmission project1 any of the following activities3 7,a7 ,studies and analyses of the impacts of the covered transmission project4 7,b7 ,examination of up to #c alternate siting corridors within which the covered transmission project feasibly could be sited4 7,c7 ,participation by the siting authority in regulatory proceedings or negotiations in another jurisdiction1 or under the auspices of a ,transmission ,organization 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 that is also considering the siting or permitting of the covered transmission project4 7,d7 ,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 project4 7,e7 ,other measures and actions that may improve the chances of1 and shorten the time required for1 approval by the siting authority of the application relating to the siting or permitting of the covered transmission project1 as the ,secretary determines appropriate4 7#b7 ,economic development ,the ,secretary may make a grant under this section to a siting authority1 or other ,state1 local1 or ,tribal governmental entity1 for economic development activities for communities that may be affected by the construction and operation of a covered transmission project1 provided that the ,secretary shall not enter into any grant agreement pursuant to this section that could result in any outlays after ,september #cj1 #bjca4 7c7 ,conditions 7#a7 ,final decision on application ,in order to receive a grant for an activity described in subsection 7b77#a71 the ,secretary shall require a siting authority to agree1 in writing1 to reach a final decision on the application relating to the siting or permitting of the applicable covered transmission project not later than #b years after the date on which such grant is provided1 unless the ,secretary authorizes an extension for good cause4 7#b7 ,federal share ,the ,federal share of the cost of an activity described in subparagraph 7,c7 or 7,d7 of subsection 7b77#a7 shall not exceed #ej percent4 7#c7 ,economic development ,the ,secretary may only disburse grant funds for economic development activities under subsection 7b77#b7-- 7,a7 to a siting authority upon approval by the siting authority of the applicable covered transmission project2 and 7,b7 to any other ,state1 local1 or ,tribal governmental entity upon commencement of construction of the applicable covered transmission project in the area under the jurisdiction of the entity4 7d7 ,returning funds ,if a siting authority that receives a grant for an activity described in subsection 7b77#a7 fails to use all grant funds within #b years of receipt1 the siting authority shall return to the ,secretary any such unused funds4 7e7 ,definitions ,in this section3 7#a7 ,covered transmission project ,the term covered transmission project means a high-voltage interstate or offshore electricity transmission line-- 7,a7 that is proposed to be constructed and to operate-- 7i7 at a minimum of #bge kilovolts of either alternating-current or direct-current electric energy by an entity2 or 7ii7 offshore and at a minimum of #bjj kilovolts of either alternating-current or direct-current electric energy by an entity2 and 7,b7 for which such entity has applied1 or informed a siting authority of such entity's intent to apply1 for regulatory approval4 7#b7 ,siting authority ,the term siting authority means a ,state1 local1 or ,tribal governmental entity with authority to make a final determination regarding the siting1 permitting1 or regulatory status of a covered transmission project that is proposed to be located in an area under the jurisdiction of the entity4 #ejaec4 ,interregional and offshore wind electricity transmission planning1 modeling1 and analysis 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to carry out this section4 7b7 ,use of funds ,the ,secretary shall use amounts made available under subsection 7a7-- 7#a7 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 wind2 and 7#b7 to conduct planning1 modeling1 and analysis regarding interregional electricity transmission and transmission of electricity that is generated by offshore wind1 taking into account the local1 regional1 and national economic1 reliability1 resilience1 security1 public policy1 and environmental benefits of interregional electricity transmission and transmission of electricity that is generated by offshore wind1 including planning1 modeling1 and analysis1 as the ,secretary determines appropriate1 pertaining to-- 7,a7 clean energy integration into the electric grid1 including the identification of renewable energy zones2 7,b7 the effects of changes in weather due to climate change on the reliability and resilience of the electric grid2 7,c7 cost allocation methodologies that facilitate the expansion of the bulk power system2 7,d7 the benefits of coordination between generator interconnection processes and transmission planning processes2 7,e7 the effect of increased electrification on the electric grid2 7,f7 power flow modeling2 7,g7 the benefits of increased interconnections or interties between or among the ,western ,interconnection1 the ,eastern ,interconnection1 the ,electric ,reliability ,council of ,texas1 and other interconnections1 as applicable2 7,h7 the cooptimization of transmission and generation1 including variable energy resources1 energy storage1 and demand-side management2 7,i7 the opportunities for use of nontransmission alternatives1 energy storage1 and grid-enhancing technologies2 7,j7 economic development opportunities for communities arising from development of interregional electricity transmission and transmission of electricity that is generated by offshore wind2 7,k7 evaluation of existing rights-of-way and the need for additional transmission corridors2 and 7,l7 a planned national transmission grid1 which would include a networked transmission system to optimize the existing grid for interconnection of offshore wind farms4 #f ,industrial #ejafa4 ,advanced industrial facilities deployment program 7a7 ,office of clean energy demonstrations ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 acting through the ,office of ,clean ,energy ,demonstrations1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1hab1jjj1jjj1 to remain available through ,september #cj1 #bjbf1 to carry out this section4 7b7 ,financial assistance ,the ,secretary shall use funds appropriated by subsection 7a7 to provide financial assistance1 on a competitive basis1 to eligible entities to carry out projects for-- 7#a7 the purchase and installation1 or implementation1 of advanced industrial technology at an eligible facility2 7#b7 retrofits1 upgrades to1 or operational improvements at an eligible facility to install or implement advanced industrial technology2 or 7#c7 engineering studies and other work needed to prepare an eligible facility for activities described in paragraph 7#a7 or 7#b74 7c7 ,application ,to be eligible to receive financial assistance under subsection 7b71 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including the expected greenhouse gas emissions reductions to be achieved by carrying out the project4 7d7 ,priority ,in providing financial assistance under subsection 7b71 the ,secretary shall give priority consideration to projects on the basis of1 as determined by the ,secretary-- 7#a7 the expected greenhouse gas emissions reductions to be achieved by carrying out the project2 7#b7 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 located2 and 7#c7 whether the eligible entity participates or would participate in a partnership with purchasers of the output of the eligible facility4 7e7 ,cost share ,the ,secretary shall require an eligible entity to provide not less than #ej percent of the cost of a project carried out pursuant to this section4 7f7 ,administrative costs ,the ,secretary shall reserve not more than #cjj1jjj1jjj of amounts made available under subsection 7a7 for administrative costs of carrying out this section4 7g7 ,definitions ,in this section3 7#a7 ,advanced industrial technology ,the term advanced industrial technology means a technology directly involved in an industrial process1 as described in any of paragraphs 7#a7 through 7#f7 of section #ded7;c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaac7;c771 and designed to accelerate greenhouse gas emissions reduction progress to net-zero at an eligible facility1 as determined by the ,secretary4 7#b7 ,eligible entity ,the term eligible entity means the owner or operator of an eligible facility4 7#c7 ,eligible facility ,the term eligible facility means a domestic1 non-,federal1 nonpower industrial or manufacturing facility engaged in energy-intensive industrial processes1 including production processes for iron1 steel1 steel mill products1 aluminum1 cement1 concrete1 glass1 pulp1 paper1 industrial ceramics1 chemicals1 and other energy intensive industrial processes1 as determined by the ,secretary4 7#d7 ,financial assistance ,the term financial assistance means a grant1 rebate1 direct loan1 or cooperative agreement4 #g ,other energy matters #ejaga4 ,department of ,energy ,oversight ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available through ,september #cj1 #bjca1 for oversight by the ,department of ,energy ,office of ,inspector ,general of the ,department of ,energy activities for which funding is appropriated in this subtitle4 #ejagb4 ,national laboratory infrastructure 7a7 ,office of science ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 acting through the ,director of the ,office of ,science1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available through ,september #cj1 #bjbg-- 7#a7 #acc1bdj1jjj to carry out activities for science laboratory infrastructure projects2 7#b7 #cjc1fef1jjj to carry out activities for high energy physics construction and major items of equipment projects2 7#c7 #bhj1jjj1jjj to carry out activities for fusion energy science construction and major items of equipment projects2 7#d7 #bag1jjj1jjj to carry out activities for nuclear physics construction and major items of equipment projects2 7#e7 #afc1gia1jjj to carry out activities for advanced scientific computing research facilities2 7#f7 #bid1ejj1jjj to carry out activities for basic energy sciences projects2 and 7#g7 #aeg1hac1jjj to carry out activities for isotope research and development facilities4 7b7 ,office of fossil energy and carbon management ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available through ,september #cj1 #bjbg1 to carry out activities for infrastructure and general plant projects carried out by the ,office of ,fossil ,energy and ,carbon ,management4 7c7 ,office of nuclear energy ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available through ,september #cj1 #bjbg1 to carry out activities for infrastructure and general plant projects carried out by the ,office of ,nuclear ,energy4 7d7 ,office of energy efficiency and renewable energy ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available through ,september #cj1 #bjbg1 to carry out activities for infrastructure and general plant projects carried out by the ,office of ,energy ,efficiency and ,renewable ,energy4 #ejagc4 ,availability of high-assay low-enriched uranium 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available through ,september #cj1 #bjbf-- 7#a7 #ajj1jjj1jjj to carry out the program elements described in subparagraphs 7,a7 through 7,c7 of section #bjja7;a77#b7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha7;a77#b772 7#b7 #ejj1jjj1jjj to carry out the program elements described in subparagraphs 7,d7 through 7,h7 of that section2 and 7#c7 #ajj1jjj1jjj to carry out activities to support the availability of high-assay low-enriched uranium for civilian domestic research1 development1 demonstration1 and commercial use under section #bjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha74 7b7 ,competitive procedures ,to the maximum extent practicable1 the ,department of ,energy shall1 in a manner consistent with section #ihi of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcec71 use a competitive1 merit-based review process in carrying out research1 development1 demonstration1 and deployment activities under section #bjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha74 7c7 ,administrative expenses ,the ,secretary may use not more than #c percent of the amounts appropriated by subsection 7a7 for administrative purposes4 ,b ,natural resources #a ,general provisions #ejbaa4 ,definitions ,in this subtitle3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,united states insular areas ,the term ,united ,states ,insular ,areas means ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 the ,commonwealth of ,puerto ,rico1 and the ,united ,states ,virgin ,islands4 #b ,public lands #ejbba4 ,national parks and public lands conservation and resilience ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to carry out projects for the conservation1 protection1 and resiliency of lands and resources administered by the ,national ,park ,service and ,bureau of ,land ,management4 ,none of the funds provided under this section shall be subject to cost-share or matching requirements4 #ejbbb4 ,national parks and public lands conservation and ecosystem restoration ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to carry out conservation1 ecosystem and habitat restoration projects on lands administered by the ,national ,park ,service and ,bureau of ,land ,management4 ,none of the funds provided under this section shall be subject to cost-share or matching requirements4 #ejbbc4 ,national ,park ,service employees ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available through ,september #cj1 #bjcj1 to hire employees to serve in units of the ,national ,park ,system or national historic or national scenic trails administered by the ,national ,park ,service4 #ejbbd4 ,national ,park ,system deferred maintenance ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available through ,september #cj1 #bjbf1 to carry out priority deferred maintenance projects1 through direct expenditures or transfers1 within the boundaries of the ,national ,park ,system4 #c ,drought response and preparedness #ejbca4 ,bureau of ,reclamation domestic water supply projects ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 acting through the ,commissioner of ,reclamation1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #eej1jjj1jjj1 to remain available through ,september #cj1 #bjca1 for grants1 contracts1 or financial assistance agreements for disadvantaged communities 7identified according to criteria adopted by the ,commissioner of ,reclamation7 in a manner as determined by the ,commissioner of ,reclamation for up to #ajj percent of the cost of the planning1 design1 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 #ag1 #aijb 7#dc ,u4,s4,c4 #cia2 #cb ,stat4 #chh1 chapter #ajic74 #ejbcb4 ,canal improvement projects ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 acting through the ,commissioner of ,reclamation1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available through ,september #cj1 #bjca1 for the design1 study1 and implementation of projects 7including pilot and demonstration projects7 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 goals4 #ejbcc4 ,drought mitigation in the reclamation states 7a7 ,definition of reclamation state ,in this section1 the term ,reclamation ,state means a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic2 #dc ,u4,s4,c4 #cia74 7b7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary 7acting through the ,commissioner of ,reclamation71 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjbf1 for grants1 contracts1 or financial assistance agreements1 in accordance with the reclamation laws1 to or with public entities and ,indian ,tribes1 that provide for the conduct of the following activities to mitigate the impacts of drought in the ,reclamation ,states1 with priority given to the ,colorado ,river ,basin and other basins experiencing comparable levels of long-term drought1 to be implemented in compliance with applicable environmental law3 7#a7 ,compensation for a temporary or multiyear voluntary reduction in diversion of water or consumptive water use4 7#b7 ,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 ,river4 7#c7 ,ecosystem and habitat restoration projects to address issues directly caused by drought in a river basin or inland water body4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,secretary shall submit to ,congress a report that describes any expenditures under this section4 #d ,insular affairs #ejbda4 ,office of ,insular ,affairs climate change technical assistance 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 acting through the ,office of ,insular ,affairs1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available through ,september #cj1 #bjbf1 to provide technical assistance for climate change planning1 mitigation1 adaptation1 and resilience to ,united ,states ,insular ,areas4 7b7 ,administrative expenses ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 acting through the ,office of ,insular ,affairs1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ijj1jjj1 to remain available through ,september #cj1 #bjbf1 for necessary administrative expenses associated with carrying out this section4 #e ,offshore wind #ejbea4 ,leasing on the outer ,continental ,shelf 7a7 ,leasing authorized ,the ,secretary may grant leases1 easements1 and rights-of-way pursuant to section #h7p77#a77;,c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77;,c77 in an area withdrawn by-- 7#a7 the ,presidential memorandum entitled ,memorandum on the ,withdrawal of ,certain ,areas of the ,united ,states ,outer ,continental ,shelf from ,leasing ,disposition and dated ,september #h1 #bjbj2 or 7#b7 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 #be1 #bjbj4 7b7 ,offshore wind for the territories 7#a7 ,application of outer continental shelf lands act with respect to territories of the united states 7,a7 ,in general ,section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca7 is amended-- 7i7 in subsection 7a7-- 7,i7 by striking means all and inserting the following3 8means-- 7#a7 all 2 and 7,,ii7 in paragraph 7#a7 7as so designated71 by striking control2 and inserting the following3 control or within the exclusive economic zone of the ,united ,states and adjacent to any territory of the ,united ,states2 and2 and 7,,iii7 by adding at the end following3 7#b7 does not include any area conveyed by ,congress to a territorial government for administration2 2 7ii7 in subsection 7p71 by striking and after the semicolon at the end2 7iii7 in subsection 7q71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7r7 ,the term ,state means-- 7#a7 each of the several ,states2 7#b7 the ,commonwealth of ,puerto ,rico2 7#c7 ,guam2 7#d7 ,american ,samoa2 7#e7 the ,united ,states ,virgin ,islands2 and 7#f7 the ,commonwealth of the ,northern ,mariana ,islands4 4 7,b7 ,exclusions ,section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 is amended by adding at the end the following3 7i7 ,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 ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 or the ,commonwealth of the ,northern ,mariana ,islands4 4 7#b7 ,wind lease sales for areas of the outer continental shelf ,the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 is amended by adding at the end the following3 #cc4 ,wind lease sales for areas of the outer continental shelf offshore of territories of the united states 7a7 ,wind lease sales off coasts of territories of the united states 7#a7 ,call for information and nominations 7,a7 ,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 7#b7 that are determined to be feasible4 7,b7 ,initial call ,not later than ,september #cj1 #bjbe1 the ,secretary shall issue an initial call for information and nominations under this paragraph4 7#b7 ,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 ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 or the ,commonwealth of the ,northern ,mariana ,islands that meets each of the following criteria3 7,a7 ,the ,secretary has concluded that a wind lease sale in the area is feasible4 7,b7 ,the ,secretary has determined that there is sufficient interest in leasing the area4 7,c7 ,the ,secretary has consulted with the ,governor of the territory regarding the suitability of the area for wind energy development4 4 #f ,fossil fuel resources #ejbfa4 ,offshore oil and gas royalty rate ,section #h7;a77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7;a77#a77 is amended-- 7#a7 in each of subparagraphs 7,a7 and 7,c71 by striking not less than #aba_/b per centum each place it appears and inserting not less than #afb_/c percent1 but not more than #ahc_/d percent1 during the #aj-year period beginning on the date of enactment of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 and not less than #afb_/c percent thereafter12 7#b7 in subparagraph 7,f71 by striking no less than #aba_/b per centum and inserting not less than #afb_/c percent1 but not more than #ahc_/d percent1 during the #aj-year period beginning on the date of enactment of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 and not less than #afb_/c percent thereafter12 and 7#c7 in subparagraph 7,h71 by striking no less than #ab and #a_/b per centum and inserting not less than #afb_/c percent1 but not more than #ahc_/d percent1 during the #aj-year period beginning on the date of enactment of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 and not less than #afb_/c percent thereafter14 #ejbfb4 ,mineral ,leasing ,act modernization 7a7 ,onshore oil and gas royalty rates 7#a7 ,lease of oil and gas land ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended-- 7,a7 in subsection 7b77#a77;,a71 in the fifth sentence-- 7i7 by striking #ab4e and inserting #afb_/c2 and 7ii7 by inserting or1 in the case of a lease issued during the #aj-year period beginning on the date of enactment of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 #afb_/c percent in amount or value of the production removed or sold from the lease before the period at the end2 and 7,b7 by striking #ab per centum each place it appears and inserting #afb_/c percent4 7#b7 ,conditions for reinstatement ,section #ca7;e77#c7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh7;e77#c77 is amended by striking #afb_/c each place it appears and inserting #bj4 7b7 ,oil and gas minimum bid ,section #ag7;b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77 is amended-- 7#a7 in paragraph 7#a77;,b71 in the first sentence1 by striking #b per acre for a period of #b years from the date of enactment of the ,federal ,onshore ,oil and ,gas ,leasing ,reform ,act of #aihg4 and inserting #aj per acre during the #aj-year period beginning on the date of enactment of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad42 and 7#b7 in paragraph 7#b77;,c71 by striking #b per acre and inserting #aj per acre4 7c7 ,fossil fuel rental rates 7#a7 ,annual rentals ,section #ag7;d7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;d77 is amended1 in the first sentence1 by striking #a4ej per acre and all that follows through the period at the end and inserting #c per acre per year during the #b-year period beginning on the date the lease begins for new leases1 and after the end of that #b-year period1 #e per acre per year for the following #f-year period1 and not less than #ae per acre per year thereafter1 or1 in the case of a lease issued during the #aj-year period beginning on the date of enactment of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 #c per acre per year during the #b-year period beginning on the date the lease begins1 and after the end of that #b-year period1 #e per acre per year for the following #f-year period1 and #ae per acre per year thereafter44 7#b7 ,rentals in reinstated leases ,section #ca7;e77#b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh7;e77#b77 is amended by striking #aj and inserting #bj4 7d7 ,expression of interest fee ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended by adding at the end the following3 7q7 ,fee for expression of interest 7#a7 ,in general ,the ,secretary shall assess a nonrefundable fee against any person that1 in accordance with procedures established by the ,secretary to carry out this subsection1 submits an expression of interest in leasing land available for disposition under this section for exploration for1 and development of1 oil or gas4 7#b7 ,amount of fee 7,a7 ,in general ,subject to subparagraph 7,b71 the fee assessed under paragraph 7#a7 shall be #e per acre of the area covered by the applicable expression of interest4 7,b7 ,adjustment of fee ,the ,secretary shall1 by regulation1 not less frequently than every #d years1 adjust the amount of the fee under subparagraph 7,a7 to reflect the change in inflation4 4 7e7 ,elimination of noncompetitive leasing 7#a7 ,in general ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a77;,a7-- 7,i7 in the first sentence1 by striking paragraphs 7#b7 and 7#c7 of this subsection and inserting paragraph 7#b72 and 7,,ii7 by striking the last sentence2 and 7ii7 by striking paragraph 7#c72 7,b7 by striking subsection 7c7 and inserting the following3 7c7 ,additional rounds of competitive bidding ,land made available for leasing under subsection 7b77#a7 for which no bid is accepted or received1 or the land for which a lease terminates1 expires1 is cancelled1 or is relinquished1 may be made available by the ,secretary of the ,interior for a new round of competitive bidding under that subsection4 2 and 7,c7 by striking subsection 7e7 and inserting the following3 7e7 ,term of lease 7#a7 ,in general ,any lease issued under this section1 including a lease for tar sand areas1 shall be for a primary term of #aj years4 7#b7 ,continuation of lease ,a lease described in paragraph 7#a7 shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities4 7#c7 ,additional extensions ,any lease issued under this section for land on which1 or for which under an approved cooperative or unit plan of development or operation1 actual drilling operations were commenced and diligently prosecuted prior to the end of the primary term of the lease shall be extended for #b years and for any period thereafter during which oil or gas is produced in paying quantities4 4 7#b7 ,conforming amendments ,section #ca of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh7 is amended-- 7,a7 in subsection 7d77#a71 in the first sentence1 by striking or section #ag7;c7 of this ,act2 7,b7 in subsection 7e7-- 7i7 in paragraph 7#b7-- 7,i7 by striking either2 and 7,,ii7 by striking or the inclusion and all that follows through 1 all2 and 7ii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a71 by adding and after the semicolon2 7,,ii7 by striking subparagraph 7,b72 and 7,,iii7 by striking 7#c77;,a7 payment and inserting the following3 7#c7 payment 2 7,c7 in subsection 7g7-- 7i7 in paragraph 7#a71 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 #ag2 7ii7 by striking paragraph 7#b72 7iii7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 and 7iv7 in paragraph 7#b7 7as so redesignated71 by striking applicable to leases issued under subsection #ag7;c7 of this ,act 7#cj ,u4,s4,c4 #bbf7;c77 except1 and inserting except2 7,d7 in subsection 7h71 by striking subsections 7d7 and 7f7 of this section and inserting subsection 7d72 7,e7 in subsection 7i71 by striking 7i77#a7 ,in acting and all that follows through of this section in paragraph 7#b7 and inserting the following3 7i7 ,royalty reduction in reinstated leases ,in acting on a petition for reinstatement pursuant to subsection 7d7 2 7,f7 by striking subsection 7f72 and 7,g7 by redesignating subsections 7g7 through 7j7 as subsections 7f7 through 7i71 respectively4 #ejbfc4 ,royalties on all extracted methane 7a7 ,in general ,for all leases issued after the date of enactment of this ,act1 except as provided in subsection 7b71 royalties paid for gas produced from ,federal land and on the outer ,continental ,shelf shall be assessed on all gas produced1 including all gas that is consumed or lost by venting1 flaring1 or negligent releases through any equipment during upstream operations4 7b7 ,exception ,subsection 7a7 shall not apply with respect to-- 7#a7 gas vented or flared for not longer than #dh hours in an emergency situation that poses a danger to human health1 safety1 or the environment2 7#b7 gas used or consumed within the area of the lease1 unit1 or communitized area for the benefit of the lease1 unit1 or communitized area2 or 7#c7 gas that is unavoidably lost4 #ejbfd4 ,lease sales under the #bjag-bjbb ,outer ,continental ,shelf leasing program 7a7 ,definitions ,in this section3 7#a7 ,lease sale #beg ,the term ,lease ,sale #beg means the lease sale numbered #beg that was approved in the ,record of ,decision described in the notice of availability of a record of decision issued on ,august #ca1 #bjba1 entitled ,gulf of ,mexico1 ,outer ,continental ,shelf 7,,ocs71 ,oil and ,gas ,lease ,sale #beg 7#hf ,fed4 ,reg4 #ejafj 7,september #g1 #bjba771 and is the subject of the final notice of sale entitled ,gulf of ,mexico ,outer ,continental ,shelf ,oil and ,gas ,lease ,sale #beg 7#hf ,fed4 ,reg4 #edgbh 7,october #d1 #bjba774 7#b7 ,lease sale #beh ,the term ,lease ,sale #beh means the lease sale numbered #beh described in the #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,proposed ,final ,program published on ,november #ah1 #bjaf1 and approved by the ,secretary in the ,record of ,decision issued on ,january #ag1 #bjag1 described in the notice of availability entitled ,record of ,decision for the #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program ,final ,programmatic ,environmental ,impact ,statement2 ,,mmaa#ajdjjj 7#hb ,fed4 ,reg4 #ffdc 7,january #ai1 #bjag774 7#c7 ,lease sale #bei ,the term ,lease ,sale #bei means the lease sale numbered #bei described in the #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,proposed ,final ,program published on ,november #ah1 #bjaf1 and approved by the ,secretary in the ,record of ,decision issued on ,january #ag1 #bjag1 described in the notice of availability entitled ,record of ,decision for the #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program ,final ,programmatic ,environmental ,impact ,statement2 ,,mmaa#ajdjjj 7#hb ,fed4 ,reg4 #ffdc 7,january #ai1 #bjag774 7#d7 ,lease sale #bfa ,the term ,lease ,sale #bfa means the lease sale numbered #bfa described in the #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,proposed ,final ,program published on ,november #ah1 #bjaf1 and approved by the ,secretary in the ,record of ,decision issued on ,january #ag1 #bjag1 described in the notice of availability entitled ,record of ,decision for the #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program ,final ,programmatic ,environmental ,impact ,statement2 ,,mmaa#ajdjjj 7#hb ,fed4 ,reg4 #ffdc 7,january #ai1 #bjag774 7b7 ,lease sale #beg reinstatement 7#a7 ,acceptance of bids ,not later #cj days after the date of enactment of this ,act1 the ,secretary shall1 without modification or delay-- 7,a7 accept the highest valid bid for each tract or bidding unit of ,lease ,sale #beg for which a valid bid was received on ,november #ag1 #bjba2 and 7,b7 provide the appropriate lease form to the winning bidder to execute and return4 7#b7 ,lease issuance ,on receipt of an executed lease form under paragraph 7#a77;,b7 and payment of the rental for the first year1 the balance of the bonus bid 7unless deferred71 and any required bond or security from the high bidder1 the ,secretary shall promptly issue to the high bidder a fully executed lease1 in accordance with-- 7,a7 the regulations in effect on the date of ,lease ,sale #beg2 and 7,b7 the terms and conditions of the final notice of sale entitled ,gulf of ,mexico ,outer ,continental ,shelf ,oil and ,gas ,lease ,sale #beg 7#hf ,fed4 ,reg4 #edgbh 7,october #d1 #bjba774 7c7 ,requirement for ,lease ,sale #beh ,notwithstanding the expiration of the #bjag-bjbb leasing program1 not later than ,december #ca1 #bjbb1 the ,secretary shall conduct ,lease ,sale #beh in accordance with the ,record of ,decision approved by the ,secretary on ,january #ag1 #bjag1 described in the notice of availability entitled ,record of ,decision for the #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program ,final ,programmatic ,environmental ,impact ,statement2 ,,mmaa#ajdjjj issued on ,january #ag1 #bjag 7#hb ,fed4 ,reg4 #ffdc 7,january #ai1 #bjag774 7d7 ,requirement for lease sale #bei ,notwithstanding the expiration of the #bjag-bjbb leasing program1 not later than ,march #ca1 #bjbc1 the ,secretary shall conduct ,lease ,sale #bei in accordance with the ,record of ,decision approved by the ,secretary on ,january #ag1 #bjag1 described in the notice of availability entitled ,record of ,decision for the #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program ,final ,programmatic ,environmental ,impact ,statement2 ,,mmaa#ajdjjj issued on ,january #ag1 #bjag 7#hb ,fed4 ,reg4 #ffdc 7,january #ai1 #bjag774 7e7 ,requirement for lease sale #bfa ,notwithstanding the expiration of the #bjag-bjbb leasing program1 not later than ,september #cj1 #bjbc1 the ,secretary shall conduct ,lease ,sale #bfa in accordance with the ,record of ,decision approved by the ,secretary on ,january #ag1 #bjag1 described in the notice of availability entitled ,record of ,decision for the #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program ,final ,programmatic ,environmental ,impact ,statement2 ,,mmaa#ajdjjj issued on ,january #ag1 #bjag 7#hb ,fed4 ,reg4 #ffdc 7,january #ai1 #bjag774 #ejbfe4 ,ensuring energy security 7a7 ,definitions ,in this section3 7#a7 ,federal land ,the term ,federal land means public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 7#b7 ,offshore lease sale ,the term offshore lease sale means an oil and gas lease sale-- 7,a7 that is held by the ,secretary in accordance with the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq472 and 7,b7 that1 if any acceptable bids have been received for any tract offered in the lease sale1 results in the issuance of a lease4 7#c7 ,onshore lease sale ,the term onshore lease sale means a quarterly oil and gas lease sale-- 7,a7 that is held by the ,secretary in accordance with section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf72 and 7,b7 that1 if any acceptable bids have been received for any parcel offered in the lease sale1 results in the issuance of a lease4 7b7 ,limitation on issuance of certain leases or rights-of-way ,during the #aj-year period beginning on the date of enactment of this ,act-- 7#a7 the ,secretary may not issue a right-of-way for wind or solar energy development on ,federal land unless-- 7,a7 an onshore lease sale has been held during the #abj-;day period ending on the date of the issuance of the right-of-way for wind or solar energy development2 and 7,b7 the sum total of acres offered for lease in onshore lease sales during the #a-year period ending on the date of the issuance of the right-of-way for wind or solar energy development is not less than the lesser of-- 7i7 #b1jjj1jjj acres2 and 7ii7 #ej percent of the acreage for which expressions of interest have been submitted for lease sales during that period2 and 7#b7 the ,secretary may not issue a lease for offshore wind development under section #h7p77#a77;,c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77;,c77 unless-- 7,a7 an offshore lease sale has been held during the #a-year period ending on the date of the issuance of the lease for offshore wind development2 and 7,b7 the sum total of acres offered for lease in offshore lease sales during the #a-year period ending on the date of the issuance of the lease for offshore wind development is not less than #fj1jjj1jjj acres4 7c7 ,savings ,except as expressly provided in paragraphs 7#a7 and 7#b7 of subsection 7b71 nothing in this section supersedes1 amends1 or modifies existing law4 #g ,united ,states ,geological ,survey #ejbga4 ,united ,states ,geological ,survey #c;,d elevation program ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 acting through the ,director of the ,united ,states ,geological ,survey1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bc1ejj1jjj1 to remain available through ,september #cj1 #bjca1 to produce1 collect1 disseminate1 and use #c;,d elevation data4 #h ,other natural resources matters #ejbha4 ,department of the ,interior oversight ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available through ,september #cj1 #bjca1 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 subtitle4 ,c ,environmental reviews #ejcja4 ,department of ,energy ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aae1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to provide for the hiring and training of personnel1 the development of programmatic environmental documents1 the procurement of technical or scientific services for environmental reviews1 the development of environmental data or information systems1 stakeholder and community engagement1 and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations4 #ejcjb4 ,federal ,energy ,regulatory ,commission 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,federal ,energy ,regulatory ,commission for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to provide for the hiring and training of personnel1 the development of programmatic environmental documents1 the procurement of technical or scientific services for environmental reviews1 the development of environmental data or information systems1 stakeholder and community engagement1 and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations4 7b7 ,fees and charges ,section #cdja7;a7 of the ,omnibus ,budget ,reconciliation ,act of #aihf 7#db ,u4,s4,c4 #gagh7;a77 shall not apply to the costs incurred by the ,federal ,energy ,regulatory ,commission in carrying out this section4 #ejcjc4 ,department of the ,interior ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of the ,interior for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available through ,september #cj1 #bjbf1 to provide for the hiring and training of personnel1 the development of programmatic environmental documents1 the procurement of technical or scientific services for environmental reviews1 the development of environmental data or information systems1 stakeholder and community engagement1 and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations by the ,national ,park ,service1 the ,bureau of ,land ,management1 the ,bureau of ,ocean ,energy ,management1 the ,bureau of ,reclamation1 the ,bureau of ,safety and ,environmental ,enforcement1 and the ,office of ,surface ,mining ,reclamation and ,enforcement4 ,,vi ,committee on ,environment and ,public ,works ,a ,air ,pollution #fjaja4 ,clean heavy-duty vehicles ,the ,clean ,air ,act is amended by inserting after section #aca of such ,act 7#db ,u4,s4,c4 #gdca7 the following3 #acb4 ,clean heavy-duty vehicles 7a7 ,appropriations 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out this section4 7#b7 ,nonattainment areas ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #djj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to make awards under this section to eligible recipients and to eligible contractors that propose to replace eligible vehicles to serve #a or more communities located in an air quality area designated pursuant to section #ajg as nonattainment for any air pollutant4 7#c7 ,reservation ,of the funds appropriated by paragraph 7#a71 the ,administrator shall reserve #c percent for administrative costs necessary to carry out this section4 7b7 ,program ,beginning not later than #ahj days after the date of enactment of this section1 the ,administrator shall implement a program to make awards of grants and rebates to eligible recipients1 and to make awards of contracts to eligible contractors for providing rebates1 for up to #ajj percent of costs for-- 7#a7 the incremental costs of replacing an eligible vehicle that is not a zero-emission vehicle with a zero-emission vehicle1 as determined by the ,administrator based on the market value of the vehicles2 7#b7 purchasing1 installing1 operating1 and maintaining infrastructure needed to charge1 fuel1 or maintain zero-emission vehicles2 7#c7 workforce development and training to support the maintenance1 charging1 fueling1 and operation of zero-emission vehicles2 and 7#d7 planning and technical activities to support the adoption and deployment of zero-emission vehicles4 7c7 ,applications ,to seek an award under this section1 an eligible recipient or eligible contractor shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator shall prescribe4 7d7 ,definitions ,for purposes of this section3 7#a7 ,eligible contractor ,the term eligible contractor means a contractor that has the capacity-- 7,a7 to sell1 lease1 license1 or contract for service zero-emission vehicles1 or charging or other equipment needed to charge1 fuel1 or maintain zero-emission vehicles1 to individuals or entities that own1 lease1 license1 or contract for service an eligible vehicle2 or 7,b7 to arrange financing for such a sale1 lease1 license1 or contract for service4 7#b7 ,eligible recipient ,the term eligible recipient means-- 7,a7 a ,state2 7,b7 a municipality2 7,c7 an ,indian tribe2 or 7,d7 a nonprofit school transportation association4 7#c7 ,eligible vehicle ,the term eligible vehicle means a ,class #f or ,class #g heavy-duty vehicle as defined in section #ajcg4hja of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this section74 7#d7 ,greenhouse gas ,the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 7#e7 ,zero-emission vehicle ,the term zero-emission vehicle means a vehicle that has a drivetrain that produces1 under any possible operational mode or condition1 zero exhaust emissions of-- 7,a7 any air pollutant that is listed pursuant to section #ajh7;a7 7or any precursor to such an air pollutant72 and 7,b7 any greenhouse gas4 4 #fjajb4 ,grants to reduce air pollution at ports ,the ,clean ,air ,act is amended by inserting after section #acb of such ,act1 as added by section #fjaja of this ,act1 the following3 #acc4 ,grants to reduce air pollution at ports 7a7 ,appropriations 7#a7 ,general assistance ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1bej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to award rebates and grants to eligible recipients on a competitive basis-- 7,a7 to purchase or install zero-emission port equipment or technology for use at1 or to directly serve1 one or more ports2 7,b7 to conduct any relevant planning or permitting in connection with the purchase or installation of such zero-emission port equipment or technology2 and 7,c7 to develop qualified climate action plans4 7#b7 ,nonattainment areas ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #gej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to award rebates and grants to eligible recipients to carry out activities described in paragraph 7#a7 with respect to ports located in air quality areas designated pursuant to section #ajg as nonattainment for an air pollutant4 7b7 ,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 at1 or directly serve1 the one or more ports involved4 7c7 ,administration of funds ,of the funds made available by this section1 the ,administrator shall reserve #b percent for administrative costs necessary to carry out this section4 7d7 ,definitions ,in this section3 7#a7 ,eligible recipient ,the term eligible recipient means-- 7,a7 a port authority2 7,b7 a ,state1 regional1 local1 or ,tribal agency that has jurisdiction over a port authority or a port2 7,c7 an air pollution control agency2 or 7,d7 a private entity that-- 7i7 applies for a grant under this section in partnership with an entity described in any of subparagraphs 7,a7 through 7,c72 and 7ii7 owns1 operates1 or uses the facilities1 cargo-handling equipment1 transportation equipment1 or related technology of a port4 7#b7 ,greenhouse gas ,the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 7#c7 ,qualified climate action plan ,the term qualified climate action plan means a detailed and strategic plan that-- 7,a7 establishes goals1 implementation strategies1 and accounting and inventory practices to reduce emissions at one or more ports of-- 7i7 greenhouse gases2 7ii7 an air pollutant that is listed pursuant to section #ajh7;a7 7or any precursor to such an air pollutant72 and 7iii7 hazardous air pollutants2 7,b7 includes a strategy to collaborate with1 communicate with1 and address potential effects on low-income and disadvantaged near-port communities and other stakeholders that may be affected by implementation of the plan2 and 7,c7 describes how an eligible recipient has implemented or will implement measures to increase the resilience of the one or more ports involved4 7#d7 ,zero-emission port equipment or technology ,the term zero-emission port equipment or technology means human-operated equipment or human-maintained technology that-- 7,a7 produces zero emissions of any air pollutant that is listed pursuant to section #ajh7;a7 7or any precursor to such an air pollutant7 and any greenhouse gas other than water vapor2 or 7,b7 captures #ajj percent of the emissions described in subparagraph 7,a7 that are produced by an ocean-going vessel at berth4 4 #fjajc4 ,greenhouse gas reduction fund ,the ,clean ,air ,act is amended by inserting after section #acc of such ,act1 as added by section #fjajb of this ,act1 the following3 #acd4 ,greenhouse gas reduction fund 7a7 ,appropriations 7#a7 ,zero-emission technologies ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #g1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to make grants1 on a competitive basis and beginning not later than #ahj calendar days after the date of enactment of this section1 to ,states1 municipalities1 ,tribal governments1 and eligible recipients for the purposes of providing grants1 loans1 or other forms of financial assistance1 as well as technical assistance1 to enable low-income and disadvantaged communities to deploy or benefit from zero-emission technologies1 including distributed technologies on residential rooftops1 and to carry out other greenhouse gas emission reduction activities1 as determined appropriate by the ,administrator in accordance with this section4 7#b7 ,general assistance ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aa1igj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to make grants1 on a competitive basis and beginning not later than #ahj calendar days after the date of enactment of this section1 to eligible recipients for the purposes of providing financial assistance and technical assistance in accordance with subsection 7b74 7#c7 ,low-income and disadvantaged communities ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #h1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to make grants1 on a competitive basis and beginning not later than #ahj calendar days after the date of enactment of this section1 to eligible recipients for the purposes of providing financial assistance and technical assistance in low-income and disadvantaged communities in accordance with subsection 7b74 7#d7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the administrative costs necessary to carry out activities under this section4 7b7 ,use of funds ,an eligible recipient that receives a grant pursuant to subsection 7a7 shall use the grant in accordance with the following3 7#a7 ,direct investment ,the eligible recipient shall-- 7,a7 provide financial assistance to qualified projects at the national1 regional1 ,state1 and local levels2 7,b7 prioritize investment in qualified projects that would otherwise lack access to financing2 and 7,c7 retain1 manage1 recycle1 and monetize all repayments and other revenue received from fees1 interest1 repaid loans1 and all other types of financial assistance provided using grant funds under this section to ensure continued operability4 7#b7 ,indirect investment ,the eligible recipient shall provide funding and technical assistance to establish new or support existing public1 quasi-public1 not-for-profit1 or nonprofit entities that provide financial assistance to qualified projects at the ,state1 local1 territorial1 or ,tribal level or in the ,district of ,columbia1 including community- and low-income-focused lenders and capital providers4 7c7 ,definitions ,in this section3 7#a7 ,eligible recipient ,the term eligible recipient means a nonprofit organization that-- 7,a7 is designed to provide capital1 leverage private capital1 and provide other forms of financial assistance for the rapid deployment of low- and zero-emission products1 technologies1 and services2 7,b7 does not take deposits other than deposits from repayments and other revenue received from financial assistance provided using grant funds under this section2 7,c7 is funded by public or charitable contributions2 and 7,d7 invests in or finances projects alone or in conjunction with other investors4 7#b7 ,greenhouse gas ,the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 7#c7 ,qualified project ,the term qualified project includes any project1 activity1 or technology that-- 7,a7 reduces or avoids greenhouse gas emissions and other forms of air pollution in partnership with1 and by leveraging investment from1 the private sector2 or 7,b7 assists communities in the efforts of those communities to reduce or avoid greenhouse gas emissions and other forms of air pollution4 7#d7 ,zero-emission technology ,the term zero-emission technology means any technology that produces zero emissions of-- 7,a7 any air pollutant that is listed pursuant to section #ajh7;a7 7or any precursor to such an air pollutant72 and 7,b7 any greenhouse gas4 4 #fjajd4 ,diesel emissions reductions 7a7 ,goods movement ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants1 rebates1 and loans under section #gib of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacb7 to identify and reduce diesel emissions resulting from goods movement facilities1 and vehicles servicing goods movement facilities1 in low-income and disadvantaged communities to address the health impacts of such emissions on such communities4 7b7 ,administrative costs ,the ,administrator of the ,environmental ,protection ,agency shall reserve #b percent of the amounts made available under this section for the administrative costs necessary to carry out activities pursuant to this section4 #fjaje4 ,funding to address air pollution 7a7 ,fenceline air monitoring and screening air monitoring ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aag1ejj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje7 to deploy1 integrate1 support1 and maintain fenceline air monitoring1 screening air monitoring1 national air toxics trend stations1 and other air toxics and community monitoring4 7b7 ,multipollutant monitoring stations ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje7-- 7#a7 to expand the national ambient air quality monitoring network with new multipollutant monitoring stations2 and 7#b7 to replace1 repair1 operate1 and maintain existing monitors4 7c7 ,air quality sensors in low-income and disadvantaged communities ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje7 to deploy1 integrate1 and operate air quality sensors in low-income and disadvantaged communities4 7d7 ,emissions from wood heaters ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje7 for testing and other agency activities to address emissions from wood heaters4 7e7 ,methane monitoring ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje7 for monitoring emissions of methane4 7f7 ,clean ,air ,act grants ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje74 7g7 ,greenhouse gas and zero-emission standards for mobile sources ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide grants to ,states to adopt and implement greenhouse gas and zero-emission standards for mobile sources pursuant to section #agg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gejg74 7h7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 #fjajf4 ,funding to address air pollution at schools 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cg1ejj1jjj1 to remain available until ,september #cj1 #bjca1 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 7a7 through 7c7 of section #ajc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c77 and section #aje of that ,act 7#db ,u4,s4,c4 #gdje74 7b7 ,technical assistance ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ab1ejj1jjj1 to remain available until ,september #cj1 #bjca1 for providing technical assistance to schools in low-income and disadvantaged communities under subsections 7a7 through 7c7 of section #ajc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c77 and section #aje of that ,act 7#db ,u4,s4,c4 #gdje7-- 7#a7 to address environmental issues2 7#b7 to develop school environmental quality plans that include standards for school building1 design1 construction1 and renovation2 and 7#c7 to identify and mitigate ongoing air pollution hazards4 7c7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 #fjajg4 ,low ,emissions ,electricity ,program ,the ,clean ,air ,act is amended by inserting after section #acd of such ,act1 as added by section #fjajc of this ,act1 the following3 #ace4 ,low ,emissions ,electricity ,program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #ag1jjj1jjj for consumer-related education and partnerships with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use2 7#b7 #ag1jjj1jjj for education1 technical assistance1 and partnerships within low-income and disadvantaged communities with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use2 7#c7 #ag1jjj1jjj for industry-related outreach1 technical assistance1 and partnerships with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use2 7#d7 #ag1jjj1jjj for outreach and technical assistance to1 and partnerships with1 ,state1 ,tribal1 and local governments with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use2 7#e7 #a1jjj1jjj to assess1 not later than #a year after the date of enactment of this section1 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 #bjca2 and 7#f7 #ah1jjj1jjj to ensure that reductions in greenhouse gas emissions are achieved through use of the existing authorities of this ,act1 incorporating the assessment under paragraph 7#e74 7b7 ,administration of ,funds ,of the amounts made available under subsection 7a71 the ,administrator shall reserve #b percent for the administrative costs necessary to carry out activities pursuant to that subsection4 7c7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 4 #fjajh4 ,funding for section #baa7o7 of the ,clean ,air ,act 7a7 ,test and protocol development ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out section #baa7o7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77 with respect to-- 7#a7 the development and establishment of tests and protocols regarding the environmental and public health effects of a fuel or fuel additive2 7#b7 internal and extramural data collection and analyses to regularly update applicable regulations1 guidance1 and procedures for determining lifecycle greenhouse gas emissions of a fuel2 and 7#c7 the review1 analysis1 and evaluation of the impacts of all transportation fuels1 including fuel lifecycle implications1 on the general public and on low-income and disadvantaged communities4 7b7 ,investments in advanced biofuels ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for new grants to industry and other related activities under section #baa7o7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77 to support investments in advanced biofuels4 7c7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 #fjaji4 ,funding for implementation of the ,american ,innovation and ,manufacturing ,act 7a7 ,appropriations 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out subsections 7a7 through 7i7 and subsection 7k7 of section #ajc of division ,s of ,public ,law #aaf-bfj 7#db ,u4,s4,c4 #gfge74 7#b7 ,implementation and compliance tools ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1ejj1jjj1 to remain available until ,september #cj1 #bjbf1 to deploy new implementation and compliance tools to carry out subsections 7a7 through 7i7 and subsection 7k7 of section #ajc of division ,s of ,public ,law #aaf-bfj 7#db ,u4,s4,c4 #gfge74 7#c7 ,competitive grants ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for competitive grants for reclaim and innovative destruction technologies under subsections 7a7 through 7i7 and subsection 7k7 of section #ajc of division ,s of ,public ,law #aaf-bfj 7#db ,u4,s4,c4 #gfge74 7b7 ,administration of funds ,of the funds made available pursuant to subsection 7a77#c71 the ,administrator of the ,environmental ,protection ,agency shall reserve #e percent for administrative costs necessary to carry out activities pursuant to such subsection4 #fjaaj4 ,funding for enforcement technology and public information 7a7 ,compliance monitoring ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ah1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to update the ,integrated ,compliance ,information ,system of the ,environmental ,protection ,agency and any associated systems1 necessary information technology infrastructure1 or public access software tools to ensure access to compliance data and related information4 7b7 ,communications with ,,icis ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants to ,states1 ,indian tribes1 and air pollution control agencies 7as such terms are defined in section #cjb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb77 to update their systems to ensure communication with the ,integrated ,compliance ,information ,system of the ,environmental ,protection ,agency and any associated systems4 7c7 ,inspection software ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1jjj1jjj1 to remain available until ,september #cj1 #bjca-- 7#a7 to acquire or update inspection software for use by the ,environmental ,protection ,agency1 ,states1 ,indian tribes1 and air pollution control agencies 7as such terms are defined in section #cjb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb772 or 7#b7 to acquire necessary devices on which to run such inspection software4 #fjaaa4 ,greenhouse gas corporate reporting 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the ,environmental ,protection ,agency to support-- 7#a7 enhanced standardization and transparency of corporate climate action commitments and plans to reduce greenhouse gas emissions2 7#b7 enhanced transparency regarding progress toward meeting such commitments and implementing such plans2 and 7#c7 progress toward meeting such commitments and implementing such plans4 7b7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 #fjaab4 ,environmental product declaration assistance 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to develop and carry out a program to support the development1 enhanced standardization and transparency1 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 production1 use1 and disposal1 and conform with international standards1 for construction materials and products by-- 7#a7 providing grants to businesses that manufacture construction materials and products for developing and verifying environmental product declarations1 and to ,states1 ,indian ,tribes1 and nonprofit organizations that will support such businesses2 7#b7 providing technical assistance to businesses that manufacture construction materials and products in developing and verifying environmental product declarations1 and to ,states1 ,indian ,tribes1 and nonprofit organizations that will support such businesses2 and 7#c7 carrying out other activities that assist in measuring1 reporting1 and steadily reducing the quantity of embodied carbon of construction materials and products4 7b7 ,administrative costs ,of the amounts made available under this section1 the ,administrator of the ,environmental ,protection ,agency shall reserve #e percent for administrative costs necessary to carry out this section4 7c7 ,definitions ,in this section3 7#a7 ,greenhouse gas ,the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 7#b7 ,state ,the term ,state has the meaning given to that term in section #cjb7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb7;d774 #fjaac4 ,methane emissions reduction program ,the ,clean ,air ,act is amended by inserting after section #ace of such ,act1 as added by section #fjajg of this ,act1 the following3 #acf4 ,methane emissions and waste reduction incentive program for petroleum and natural gas systems 7a7 ,incentives for methane mitigation and monitoring ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #hej1jjj1jjj1 to remain available until ,september #cj1 #bjbh-- 7#a7 for grants1 rebates1 contracts1 loans1 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 #ih of title #dj1 ,code of ,federal ,regulations2 7#b7 for grants1 rebates1 contracts1 loans1 and other activities of the ,environmental ,protection ,agency authorized under subsections 7a7 through 7c7 of section #ajc for methane emissions monitoring2 7#c7 for grants1 rebates1 contracts1 loans1 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 systems1 mitigate legacy air pollution from petroleum and natural gas systems1 and provide funding for-- 7,a7 improving climate resiliency of communities and petroleum and natural gas systems2 7,b7 improving and deploying industrial equipment and processes that reduce methane and other greenhouse gas emissions and waste2 7,c7 supporting innovation in reducing methane and other greenhouse gas emissions and waste from petroleum and natural gas systems2 7,d7 permanently shutting in and plugging wells on non-,federal land2 7,e7 mitigating health effects of methane and other greenhouse gas emissions1 and legacy air pollution from petroleum and natural gas systems in low-income and disadvantaged communities2 and 7,f7 supporting environmental restoration2 and 7#d7 to cover all direct and indirect costs required to administer this section1 prepare inventories1 gather empirical data1 and track emissions4 7b7 ,incentives for ,methane ,mitigation from ,conventional ,wells ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #gjj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for activities described in paragraphs 7#a7 through 7#d7 of subsection 7a7 at marginal conventional wells4 7c7 ,waste emissions charge ,the ,administrator shall impose and collect a charge on methane emissions that exceed an applicable waste emissions threshold under subsection 7f7 from an owner or operator of an applicable facility that reports more than #be1jjj metric tons of carbon dioxide equivalent of greenhouse gases emitted per year pursuant to subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations1 regardless of the reporting threshold under that subpart4 7d7 ,applicable facility ,for purposes of this section1 the term applicable facility means a facility within the following industry segments1 as defined in subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations3 7#a7 ,offshore petroleum and natural gas production4 7#b7 ,onshore petroleum and natural gas production4 7#c7 ,onshore natural gas processing4 7#d7 ,onshore natural gas transmission compression4 7#e7 ,underground natural gas storage4 7#f7 ,liquefied natural gas storage4 7#g7 ,liquefied natural gas import and export equipment4 7#h7 ,onshore petroleum and natural gas gathering and boosting4 7#i7 ,onshore natural gas transmission pipeline4 7e7 ,charge ,amount ,the amount of a charge under subsection 7c7 for an applicable facility shall be equal to the product obtained by multiplying-- 7#a7 the number of metric tons of methane emissions reported pursuant to subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations1 for the applicable facility that exceed the applicable annual waste emissions threshold listed in subsection 7f7 during the previous reporting period2 and 7#b7 7,a7 #ijj for emissions reported for calendar year #bjbd2 7,b7 #a1bjj for emissions reported for calendar year #bjbe2 or 7,c7 #a1ejj for emissions reported for calendar year #bjbf and each year thereafter4 7f7 ,waste emissions threshold 7#a7 ,petroleum and natural gas production ,with respect to imposing and collecting the charge under subsection 7c7 for an applicable facility in an industry segment listed in paragraph 7#a7 or 7#b7 of subsection 7d71 the ,administrator shall impose and collect the charge on the reported metric tons of methane emissions from such facility that exceed-- 7,a7 #j4bj percent of the natural gas sent to sale from such facility2 or 7,b7 #aj metric tons of methane per million barrels of oil sent to sale from such facility1 if such facility sent no natural gas to sale4 7#b7 ,nonproduction petroleum and natural gas systems ,with respect to imposing and collecting the charge under subsection 7c7 for an applicable facility in an industry segment listed in paragraph 7#c71 7#f71 7#g71 or 7#h7 of subsection 7d71 the ,administrator shall impose and collect the charge on the reported metric tons of methane emissions that exceed #j4je percent of the natural gas sent to sale from or through such facility4 7#c7 ,natural gas transmission ,with respect to imposing and collecting the charge under subsection 7c7 for an applicable facility in an industry segment listed in paragraph 7#d71 7#e71 or 7#i7 of subsection 7d71 the ,administrator shall impose and collect the charge on the reported metric tons of methane emissions that exceed #j4aa percent of the natural gas sent to sale from or through such facility4 7#d7 ,common ,ownership or ,control ,in calculating the total emissions charge obligation for facilities under common ownership or control1 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 7d74 7#e7 ,exemption ,charges shall not be imposed pursuant to paragraph 7#a7 on emissions that exceed the waste emissions threshold specified in such paragraph if such emissions are caused by unreasonable delay1 as determined by the ,administrator1 in environmental permitting of gathering or transmission infrastructure necessary for offtake of increased volume as a result of methane emissions mitigation implementation4 7#f7 ,exemption for regulatory compliance 7,a7 ,in general ,charges shall not be imposed pursuant to subsection 7c7 on an applicable facility that is subject to and in compliance with methane emissions requirements pursuant to subsections 7b7 and 7d7 of section #aaa upon a determination by the ,administrator that-- 7i7 methane emissions standards and plans pursuant to subsections 7b7 and 7d7 of section #aaa have been approved and are in effect in all ,states with respect to the applicable facilities2 and 7ii7 compliance with the requirements described in clause 7i7 will result in equivalent or greater emissions reductions as would be achieved by the proposed rule of the ,administrator entitled ,standards of ,performance for ,new1 ,reconstructed1 and ,modified ,sources and ,emissions ,guidelines for ,existing ,sources3 ,oil and ,natural ,gas ,sector ,climate ,review 7#hf ,fed4 ,reg4 #fcaaj 7,november #ae1 #bjba771 if such rule had been finalized and implemented4 7,b7 ,resumption of charge ,if the conditions in clause 7i7 or 7ii7 of subparagraph 7,a7 cease to apply after the ,administrator has made the determination in that subparagraph1 the applicable facility will again be subject to the charge under subsection 7c7 beginning in the first calendar year in which the conditions in either clause 7i7 or 7ii7 of that subparagraph are no longer met4 7#g7 ,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 requirements1 as determined by the ,administrator4 7g7 ,period ,the charge under subsection 7c7 shall be imposed and collected beginning with respect to emissions reported for calendar year #bjbd and for each year thereafter4 7h7 ,reporting ,not later than #b years after the date of enactment of this section1 the ,administrator shall revise the requirements of subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations1 to ensure the reporting under such subpart1 and calculation of charges under subsections 7e7 and 7f7 of this section1 are based on empirical data1 including data collected pursuant to subsection 7a77#d71 accurately reflect the total methane emissions and waste emissions from the applicable facilities1 and allow owners and operators of applicable facilities to submit empirical emissions data1 in a manner to be prescribed by the ,administrator1 to demonstrate the extent to which a charge under subsection 7c7 is owed4 7i7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 4 #fjaad4 ,climate ,pollution ,reduction ,grants ,the ,clean ,air ,act is amended by inserting after section #acf of such ,act1 as added by section #fjaac of this ,act1 the following3 #acg4 ,greenhouse ,gas ,air ,pollution ,plans and ,implementation ,grants 7a7 ,appropriations 7#a7 ,greenhouse gas air pollution planning grants ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out subsection 7b74 7#b7 ,greenhouse gas air pollution implementation grants ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #d1gej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out subsection 7c74 7#c7 ,administrative costs ,of the funds made available under paragraph 7#b71 the ,administrator shall reserve #c percent for administrative costs necessary to carry out this section1 to provide technical assistance to eligible entities1 to develop a plan that could be used as a model by grantees in developing a plan under subsection 7b71 and to model the effects of plans described in this section4 7b7 ,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 7c74 ,each such plan shall include programs1 policies1 measures1 and projects that will achieve or facilitate the reduction of greenhouse gas air pollution4 ,not later than #bgj days after the date of enactment of this section1 the ,administrator shall publish a funding opportunity announcement for grants under this subsection4 7c7 ,greenhouse gas air pollution reduction implementation grants 7#a7 ,in general ,the ,administrator shall competitively award grants to eligible entities to implement plans developed under subsection 7b74 7#b7 ,application ,to apply for a grant under this subsection1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator shall require1 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 communities4 7#c7 ,terms and conditions ,the ,administrator shall make funds available to a grantee under this subsection in such amounts1 upon such a schedule1 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 reduction1 as determined by the ,administrator4 7d7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 an air pollution control agency2 7,c7 a municipality2 7,d7 an ,indian tribe2 and 7,e7 a group of one or more entities listed in subparagraphs 7,a7 through 7,d74 7#b7 ,greenhouse gas ,the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 4 #fjaae4 ,environmental ,protection ,agency efficient1 accurate1 and timely reviews ,in addition to amounts otherwise available1 there is appropriated to the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to provide for the development of efficient1 accurate1 and timely reviews for permitting and approval processes through the hiring and training of personnel1 the development of programmatic documents1 the procurement of technical or scientific services for reviews1 the development of environmental data or information systems1 stakeholder and community engagement1 the purchase of new equipment for environmental analysis1 and the development of geographic information systems and other analysis tools1 techniques1 and guidance to improve agency transparency1 accountability1 and public engagement4 #fjaaf4 ,low-embodied carbon labeling for construction materials 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for necessary administrative costs of the ,administrator of the ,environmental ,protection ,agency to carry out this section and to develop and carry out a program1 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 buildings1 to identify and label construction materials and products that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production1 use1 and disposal1 as compared to estimated industry averages of similar materials or products1 as determined by the ,administrator of the ,environmental ,protection ,agency1 based on-- 7#a7 environmental product declarations2 or 7#b7 determinations by ,state agencies1 as verified by the ,administrator of the ,environmental ,protection ,agency4 7b7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 ,b ,hazardous ,materials #fjbja4 ,environmental and climate justice block grants ,the ,clean ,air ,act is amended by inserting after section #acg1 as added by subtitle ,a of this title1 the following3 #ach4 ,environmental and climate justice block grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #b1hjj1jjj1jjj to remain available until ,september #cj1 #bjbf1 to award grants for the activities described in subsection 7b72 and 7#b7 #bjj1jjj1jjj to remain available until ,september #cj1 #bjbf1 to provide technical assistance to eligible entities related to grants awarded under this section4 7b7 ,grants 7#a7 ,in general ,the ,administrator shall use amounts made available under subsection 7a77#a7 to award grants for periods of up to #c years to eligible entities to carry out activities described in paragraph 7#b7 that benefit disadvantaged communities1 as defined by the ,administrator4 7#b7 ,eligible activities ,an eligible entity may use a grant awarded under this subsection for-- 7,a7 community-led air and other pollution monitoring1 prevention1 and remediation1 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 pollutants2 7,b7 mitigating climate and health risks from urban heat islands1 extreme heat1 wood heater emissions1 and wildfire events2 7,c7 climate resiliency and adaptation2 7,d7 reducing indoor toxics and indoor air pollution2 or 7,e7 facilitating engagement of disadvantaged communities in ,state and ,federal advisory groups1 workshops1 rulemakings1 and other public processes4 7#c7 ,eligible entities ,in this subsection1 the term eligible entity means-- 7,a7 a partnership between-- 7i7 an ,indian tribe1 a local government1 or an institution of higher education2 and 7ii7 a community-based nonprofit organization2 7,b7 a community-based nonprofit organization2 or 7,c7 a partnership of community-based nonprofit organizations4 7c7 ,administrative costs ,the ,administrator shall reserve #g percent of the amounts made available under subsection 7a7 for administrative costs to carry out this section4 7d7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 4 ,c ,united ,states ,fish and ,wildlife ,service #fjcja4 ,endangered ,species ,act recovery plans ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #abe1jjj1jjj1 to remain available until expended1 for the purposes of developing and implementing recovery plans under paragraphs 7#a71 7#c71 and 7#d7 of subsection 7f7 of section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f774 #fjcjb4 ,funding for the ,united ,states ,fish and ,wildlife ,service to address weather events 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aba1bej1jjj1 to remain available until ,september #cj1 #bjbf1 to make direct expenditures1 award grants1 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-- 7#a7 addressing the threat of invasive species2 7#b7 increasing the resiliency and capacity of habitats and infrastructure to withstand weather events2 and 7#c7 reducing the amount of damage caused by weather events4 7b7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1gej1jjj1 to remain available until ,september #cj1 #bjbf1 for necessary administrative expenses associated with carrying out this section4 ,d ,council on ,environmental ,quality #fjdja4 ,environmental and climate data collection ,in addition to amounts otherwise available1 there is appropriated to the ,chair of the ,council on ,environmental ,quality for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cb1ejj1jjj1 to remain available until ,september #cj1 #bjbf-- 7#a7 to support data collection efforts relating to-- 7,a7 disproportionate negative environmental harms and climate impacts2 and 7,b7 cumulative impacts of pollution and temperature rise2 7#b7 to establish1 expand1 and maintain efforts to track disproportionate burdens and cumulative impacts and provide academic and workforce support for analytics and informatics infrastructure and data collection systems2 and 7#c7 to support efforts to ensure that any mapping or screening tool is accessible to community-based organizations and community members4 #fjdjb4 ,council on environmental quality efficient and effective environmental reviews ,in addition to amounts otherwise available1 there is appropriated to the ,chair of the ,council on ,environmental ,quality for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out the ,council on ,environmental ,quality's functions and for the purposes of training personnel1 developing programmatic environmental documents1 and developing tools1 guidance1 and techniques to improve stakeholder and community engagement4 ,e ,transportation and ,infrastructure #fjeja4 ,neighborhood access and equity grant program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #agg4 ,neighborhood access and equity grant program 7a7 ,in ,general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1hic1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration for competitive grants to eligible entities described in subsection 7b7-- 7#a7 to improve walkability1 safety1 and affordable transportation access through projects that are context-sensitive-- 7,a7 to remove1 remediate1 or reuse a facility described in subsection 7c77#a72 7,b7 to replace a facility described in subsection 7c77#a7 with a facility that is at-grade or lower speed2 7,c7 to retrofit or cap a facility described in subsection 7c77#a72 7,d7 to build or improve complete streets1 multiuse trails1 regional greenways1 or active transportation networks and spines2 or 7,e7 to provide affordable access to essential destinations1 public spaces1 or transportation links and hubs2 7#b7 to mitigate or remediate negative impacts on the human or natural environment resulting from a facility described in subsection 7c77#b7 in a disadvantaged or underserved community through-- 7,a7 noise barriers to reduce impacts resulting from a facility described in subsection 7c77#b72 7,b7 technologies1 infrastructure1 and activities to reduce surface transportation-related greenhouse gas emissions and other air pollution2 7,c7 natural infrastructure1 pervious1 permeable1 or porous pavement1 or protective features to reduce or manage stormwater run-off resulting from a facility described in subsection 7c77#b72 7,d7 infrastructure and natural features to reduce or mitigate urban heat island hot spots in the transportation right-of-way or on surface transportation facilities2 or 7,e7 safety improvements for vulnerable road users2 and 7#c7 for planning and capacity building activities in disadvantaged or underserved communities to-- 7,a7 identify1 monitor1 or assess local and ambient air quality1 emissions of transportation greenhouse gases1 hot spot areas of extreme heat or elevated air pollution1 gaps in tree canopy coverage1 or flood prone transportation infrastructure2 7,b7 assess transportation equity or pollution impacts and develop local anti-displacement policies and community benefit agreements2 7,c7 conduct predevelopment activities for projects eligible under this subsection2 7,d7 expand public participation in transportation planning by individuals and organizations in disadvantaged or underserved communities2 or 7,e7 administer or obtain technical assistance related to activities described in this subsection4 7b7 ,eligible entities described ,an eligible entity referred to in subsection 7a7 is-- 7#a7 a ,state2 7#b7 a unit of local government2 7#c7 a political subdivision of a ,state2 7#d7 an entity described in section #bjg7m77#a77;,e72 7#e7 a territory of the ,united ,states2 7#f7 a special purpose district or public authority with a transportation function2 7#g7 a metropolitan planning organization 7as defined in section #acd7;b77#b772 or 7#h7 with respect to a grant described in subsection 7a77#c71 in addition to an eligible entity described in paragraphs 7#a7 through 7#g71 a nonprofit organization or institution of higher education that has entered into a partnership with an eligible entity described in paragraphs 7#a7 through 7#g74 7c7 ,facility described ,a facility referred to in subsection 7a7 is-- 7#a7 a surface transportation facility for which high speeds1 grade separation1 or other design factors create an obstacle to connectivity within a community2 or 7#b7 a surface transportation facility which is a source of air pollution1 noise1 stormwater1 or other burden to a disadvantaged or underserved community4 7d7 ,investment in economically disadvantaged communities 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1bfb1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration to provide grants for projects in communities described in paragraph 7#b7 for the same purposes and administered in the same manner as described in subsection 7a74 7#b7 ,communities described ,a community referred to in paragraph 7#a7 is a community that-- 7,a7 is economically disadvantaged1 underserved1 or located in an area of persistent poverty2 7,b7 has entered or will enter into a community benefits agreement with representatives of the community2 7,c7 has an anti-displacement policy1 a community land trust1 or a community advisory board in effect2 or 7,d7 has demonstrated a plan for employing local residents in the area impacted by the activity or project proposed under this section4 7e7 ,administration 7#a7 ,in general ,a project carried out under subsection 7a7 or 7d7 shall be treated as a project on a ,federal-aid highway4 7#b7 ,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 ,u4,s4 ,department of ,transportation's ,disadvantaged ,business ,enterprise ,program4 7f7 ,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 #hj percent1 except that the ,federal share of the cost of a project in a disadvantaged or underserved community may be up to #ajj percent4 7g7 ,technical assistance ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration for-- 7#a7 guidance1 technical assistance1 templates1 training1 or tools to facilitate efficient and effective contracting1 design1 and project delivery by units of local government2 7#b7 subgrants to units of local government to build capacity of such units of local government to assume responsibilities to deliver surface transportation projects2 and 7#c7 operations and administration of the ,federal ,highway ,administration4 7h7 ,limitations ,amounts made available under this section shall not-- 7#a7 be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for ,federal-aid highways2 and 7#b7 be used for a project for additional through travel lanes for single-occupant passenger vehicles4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #agg4 ,neighborhood access and equity grant program4 4 #fjejb4 ,assistance for ,federal buildings ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to be deposited in the ,federal ,buildings ,fund established under section #eib of title #dj1 ,united ,states ,code1 for measures necessary to convert facilities of the ,administrator of ,general ,services to high-performance green buildings 7as defined in section #dja of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjfa774 #fjejc4 ,use of low-carbon materials 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1aej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to be deposited in the ,federal ,buildings ,fund established under section #eib of title #dj1 ,united ,states ,code1 to acquire and install materials and products for use in the construction or alteration of buildings under the jurisdiction1 custody1 and control of the ,general ,services ,administration that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production1 use1 and disposal as compared to estimated industry averages of similar materials or products1 as determined by the ,administrator of the ,environmental ,protection ,agency4 7b7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 #fjejd4 ,general ,services ,administration emerging technologies ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of ,general ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ige1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to be deposited in the ,federal ,buildings ,fund established under section #eib of title #dj1 ,united ,states ,code1 for emerging and sustainable technologies1 and related sustainability and environmental programs4 #fjeje4 ,environmental review implementation funds 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following3 #agh4 ,environmental review implementation funds 7a7 ,establishment ,in addition to amounts otherwise available1 for fiscal year #bjbb1 there is appropriated to the ,administrator1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the purpose of facilitating the development and review of documents for the environmental review process for proposed projects through-- 7#a7 the provision of guidance1 technical assistance1 templates1 training1 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 section2 and 7#b7 providing funds made available under this subsection to eligible entities-- 7,a7 to build capacity of such eligible entities to conduct environmental review processes2 7,b7 to facilitate the environmental review process for proposed projects by-- 7i7 defining the scope or study areas2 7ii7 identifying impacts1 mitigation measures1 and reasonable alternatives2 7iii7 preparing planning and environmental studies and other documents prior to and during the environmental review process1 for potential use in the environmental review process in accordance with applicable statutes and regulations2 7iv7 conducting public engagement activities2 and 7v7 carrying out permitting or other activities1 as the ,administrator determines to be appropriate1 to support the timely completion of an environmental review process required for a proposed project2 and 7,c7 for administrative expenses of the eligible entity to conduct any of the activities described in subparagraphs 7,a7 and 7,b74 7b7 ,cost share 7#a7 ,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 #hj percent4 7#b7 ,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 ,federal1 ,state1 or local grant program4 7c7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a political subdivision of a ,state2 7,d7 a territory of the ,united ,states2 7,e7 an entity described in section #bjg7m77#a77;,e72 7,f7 a recipient of funds under section #bjc2 or 7,g7 a metropolitan planning organization 7as defined in section #acd7;b77#b774 7#c7 ,environmental review process ,the term environmental review process has the meaning given the term in section #aci7;a77#e74 7#d7 ,proposed project ,the term proposed project means a surface transportation project for which an environmental review process is required4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following3 #agh4 ,environmental review implementation funds4 4 #fjejf4 ,low-carbon transportation materials grants 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following3 #agi4 ,low-carbon transportation materials grants 7a7 ,federal highway administration appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator to reimburse or provide incentives to eligible recipients for the use1 in projects1 of construction materials and products that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production1 use1 and disposal as compared to estimated industry averages of similar materials or products1 as determined by the ,administrator of the ,environmental ,protection ,agency1 and for the operations and administration of the ,federal ,highway ,administration to carry out this section4 7b7 ,reimbursement of incremental costs2 incentives 7#a7 ,in general ,the ,administrator shall1 subject to the availability of funds1 either reimburse or provide incentives to eligible recipients that use low-embodied carbon construction materials and products on a project funded under this title4 7#b7 ,reimbursement and incentive amounts 7,a7 ,incremental amount ,the amount of reimbursement under paragraph 7#a7 shall be equal to the incrementally higher cost of using such materials relative to the cost of using traditional materials1 as determined by the eligible recipient and verified by the ,administrator4 7,b7 ,incentive amount ,the amount of an incentive under paragraph 7#a7 shall be equal to #b percent of the cost of using low-embodied carbon construction materials and products on a project funded under this title4 7#c7 ,federal share ,if a reimbursement or incentive is provided under paragraph 7#a71 the total ,federal share payable for the project for which the reimbursement or incentive is provided shall be up to #ajj percent4 7#d7 ,limitations 7,a7 ,in general ,the ,administrator shall only provide a reimbursement or incentive under paragraph 7#a7 for a project on a-- 7i7 ,federal-aid highway2 7ii7 tribal transportation facility2 7iii7 ,federal lands transportation facility2 or 7iv7 ,federal lands access transportation facility4 7,b7 ,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 highways4 7,c7 ,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 vehicles4 7#e7 ,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-- 7,a7 appropriate for use in projects eligible under this title2 and 7,b7 eligible for reimbursement or incentives under this section4 7c7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7#b7 ,eligible recipient ,the term eligible recipient means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a political subdivision of a ,state2 7,d7 a territory of the ,united ,states2 7,e7 an entity described in section #bjg7m77#a77;,e72 7,f7 a recipient of funds under section #bjc2 7,g7 a metropolitan planning organization 7as defined in section #acd7;b77#b772 or 7,h7 a special purpose district or public authority with a transportation function4 7#c7 ,greenhouse gas ,the term greenhouse gas means the air pollutants carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following3 #agi4 ,low-carbon transportation materials grants4 4 ,,vii ,committee on ,homeland ,security and ,governmental ,affairs #gjjja4 ,,dhs ,office of ,chief ,readiness ,support ,officer ,in addition to the amounts otherwise available1 there is appropriated to the ,secretary of ,homeland ,security for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for the ,office of the ,chief ,readiness ,support ,officer to carry out sustainability and environmental programs4 #gjjjb4 ,united ,states ,postal ,service clean fleets ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,postal ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 the following amounts1 to be deposited into the ,postal ,service ,fund established under section #bjjc of title #ci1 ,united ,states ,code3 7#a7 #a1bij1jjj1jjj1 to remain available through ,september #cj1 #bjca1 for the purchase of zero-emission delivery vehicles4 7#b7 #a1gaj1jjj1jjj1 to remain available through ,september #cj1 #bjca1 for the purchase1 design1 and installation of the requisite infrastructure to support zero-emission delivery vehicles at facilities that the ,united ,states ,postal ,service owns or leases from non-,federal entities4 #gjjjc4 ,united ,states ,postal ,service ,office of ,inspector ,general ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,inspector ,general of the ,united ,states ,postal ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to support oversight of ,united ,states ,postal ,service activities implemented pursuant to this ,act4 #gjjjd4 ,government ,accountability ,office oversight ,in addition to amounts otherwise available1 there is appropriated to the ,comptroller ,general of the ,united ,states for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for necessary expenses of the ,government ,accountability ,office to support the oversight of-- 7#a7 the distribution and use of funds appropriated under this ,act2 and 7#b7 whether the economic1 social1 and environmental impacts of the funds described in paragraph 7#a7 are equitable4 #gjjje4 ,office of ,management and ,budget oversight ,in addition to amounts otherwise available1 there are appropriated to the ,director of the ,office of ,management and ,budget for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for necessary expenses to-- 7#a7 oversee the implementation of this ,act2 and 7#b7 track labor1 equity1 and environmental standards and performance4 #gjjjf4 ,,fema building materials program ,through ,september #cj1 #bjbf1 the ,administrator of the ,federal ,emergency ,management ,agency may provide financial assistance under sections #bjc7;h71 #djd7;a71 and #djf7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7;h71 #db ,u4,s4,c4 #eagj;c7a71 #db ,u4,s4,c4 #eagb7;b77 for-- 7#a7 costs associated with low-carbon materials2 and 7#b7 incentives that encourage low-carbon and net-zero energy projects4 #gjjjg4 ,federal ,permitting ,improvement ,steering ,council ,environmental ,review ,improvement ,fund mandatory funding ,in addition to amounts otherwise available1 there is appropriated to the ,federal ,permitting ,improvement ,steering ,council ,environmental ,review ,improvement ,fund1 out of any money in the ,treasury not otherwise appropriated1 #cej1jjj1jjj for fiscal year #bjbc1 to remain available through ,september #cj1 #bjca4 ,,viii ,committee on ,indian ,affairs #hjjja4 ,tribal climate resilience 7a7 ,tribal climate resilience and adaptation ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bbj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for ,tribal climate resilience and adaptation programs4 7b7 ,bureau of indian affairs fish hatcheries ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for fish hatchery operations and maintenance programs of the ,bureau of ,indian ,affairs4 7c7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the administrative costs of carrying out this section4 7d7 ,cost-sharing and matching requirements ,none of the funds provided by this section shall be subject to cost-sharing or matching requirements4 7e7 ,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 program4 7f7 ,distribution2 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 7as defined in subsection 7j7 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;j777 or a self-governance compact entered into pursuant to subsection 7a7 of section #djd of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfd7;a77-- 7#a7 shall be distributed on a #a-time basis2 7#b7 shall not be part of the amount required by subsections 7a7 through 7b7 of section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe7;a7-7b772 and 7#c7 shall only be used for the purposes identified under the applicable subsection4 #hjjjb4 ,native hawaiian climate resilience 7a7 ,native hawaiian climate resilience and adaptation ,in addition to amounts otherwise available1 there is appropriated to the ,senior ,program ,director of the ,office of ,native ,hawaiian ,relations for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bc1ejj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out1 through financial assistance1 technical assistance1 direct expenditure1 grants1 contracts1 or cooperative agreements1 climate resilience and adaptation activities that serve the ,native ,hawaiian ,community4 7b7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,senior ,program ,director of the ,office of ,native ,hawaiian ,relations for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1ejj1jjj1 to remain available until ,september #cj1 #bjca1 for the administrative costs of carrying out this section4 7c7 ,cost-sharing and matching requirements ,none of the funds provided by this section shall be subject to cost-sharing or matching requirements4 #hjjjc4 ,tribal electrification program 7a7 ,tribal electrification program ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ade1ejj1jjj1 to remain available until ,september #cj1 #bjca1 for-- 7#a7 the provision of electricity to unelectrified ,tribal homes through zero-emissions energy systems2 7#b7 transitioning electrified ,tribal homes to zero-emissions energy systems2 and 7#c7 associated home repairs and retrofitting necessary to install the zero-emissions energy systems authorized under paragraphs 7#a7 and 7#b74 7b7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1ejj1jjj1 to remain available until ,september #cj1 #bjca1 for the administrative costs of carrying out this section4 7c7 ,cost-sharing and matching requirements ,none of the funds provided by this section shall be subject to cost-sharing or matching requirements4 7d7 ,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 program4 7e7 ,distribution2 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 7as defined in subsection 7j7 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;j777 or a self-governance compact entered into pursuant to subsection 7a7 of section #djd of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfd7;a77-- 7#a7 shall be distributed on a #a-time basis2 7#b7 shall not be part of the amount required by subsections 7a7 through 7b7 of section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe7;a7-7b772 and 7#c7 shall only be used for the purposes identified under the applicable subsection4 #hjjjd4 ,emergency drought relief for ,tribes 7a7 ,emergency drought relief for ,tribes ,in addition to amounts otherwise available1 there is appropriated to the ,commissioner of the ,bureau of ,reclamation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ab1ejj1jjj1 to remain available until ,september #cj1 #bjbf1 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 project1 including through direct financial assistance to address drinking water shortages and to mitigate the loss of ,tribal trust resources4 7b7 ,cost-sharing and matching requirements ,none of the funds provided by this section shall be subject to cost-sharing or matching requirements4 ,secretary