[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7980 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 7980
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 16, 2024
Received; read twice and referred to the Committee on Finance
_______________________________________________________________________
AN ACT
To amend the Internal Revenue Code of 1986 to exclude vehicles the
batteries of which contain materials sourced from prohibited foreign
entities from the clean vehicle credit.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Chinese Dominance of Electric
Vehicles in America Act of 2024''.
SEC. 2. EXCLUSION FROM CLEAN VEHICLE CREDIT OF VEHICLES CONTAINING
MATERIALS SOURCED FROM PROHIBITED FOREIGN ENTITIES.
(a) In General.--Section 30D(d)(7) of the Internal Revenue Code of
1986 is amended to read as follows:
``(7) Excluded entities.--
``(A) In general.--For purposes of this section,
the term `new clean vehicle' shall not include any
vehicle--
``(i) with respect to which any of the
components contained in the drive battery or
any material contained in such a component was
extracted, processed, recycled, manufactured,
or assembled by a prohibited foreign entity, or
``(ii) the drive battery of which is
designed, manufactured, or produced using any
process attributable to any licensing, royalty,
service, or similar agreement with a prohibited
foreign entity the estimated total contract
cost, including variable, contingent, or sales-
based payments, of which exceeds $5,000,000.
``(B) Prohibited foreign entity.--For purposes of
subparagraph (A), the term `prohibited foreign entity'
means--
``(i) any foreign entity of concern (as
defined in section 40207(a)(5) of the
Infrastructure Investment and Jobs Act),
``(ii) any entity with respect to which the
government of a covered nation has the right or
power (directly or indirectly) to appoint or
approve the appointment of a covered officer,
or
``(iii) any entity 25 percent or more of
the capital or profits interests of which are
owned (directly or indirectly) in the aggregate
by 1 or more of the following:
``(I) A covered nation or an entity
described in clause (i) or (ii).
``(II) A citizen, national, or
resident of a covered nation.
``(III) An entity organized under
the laws of a covered nation.
``(C) Covered officer.--For purposes of this
paragraph, the term `covered officer' means--
``(i) any member of the board of directors,
board of supervisors, or an equivalent
governing body,
``(ii) the president, senior vice
president, chief executive officer, chief
operating officer, chief financial officer, or
general counsel, or
``(iii) any individual who performs duties
usually associated with a title listed in
clause (i) or (ii).
``(D) Covered nation.--For purposes of this
paragraph, the term `covered nation' has the meaning
given such term in section 4872(d) of title 10, United
States Code.
``(E) Drive battery.--For purposes of this
paragraph, the term `drive battery' means, with respect
to a vehicle, the battery from which the electric motor
of such vehicle draws electricity.''.
(b) Effective Date.--The amendment made by this section shall apply
to vehicles placed in service after the date of enactment of this Act.
Passed the House of Representatives September 12, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.