The point is: There is nothing new about the US examining costs of production, including estimated fair profits, in determining what sorts of actions to take in regulating commerce.
The bill says:
The Board shall make reasonable profit determinations for purposes of applying section 5896 of the Internal Revenue Code of 1986 (relating to windfall profit on crude oil, natural gas, and products thereof).
Emphasis added.
Yeah, the Board is going tell the market what a reasonable profit is. Sure.
Not.
The language clearly says that the tax will be based in part on what the independent Board determines is a "reasonable" profit. I'm sure your buddies at Fox and TownHall would be throwing an even bigger fit if the IRS Commissioner or Secretary of Commerce made the determination instead.
FWIW.
Cheers,
Scott.