Sec. 10. Exclusion of offshoring manufacturers under clean school bus program
633 words·~3 min read·
/bill/118/s/3397/is/section-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 741 of the Energy Policy Act of 2005 ( 42 U.S.C. 16091 ) is amended— in subsection (b)— in paragraph (6), by adding at the end the following: An award under this section may not be used for the sale, lease, licensing, or contracting for— a motor vehicle (as defined in paragraph (8)(A)) produced, manufactured, or assembled by an entity, including a subsidiary of such an entity, that fails to comply with paragraph (8)(B)(i); or charging or fueling infrastructure produced, manufactured, or assembled by an entity, including a subsidiary of such an entity, that fails to comply with paragraph (8)(B)(i). ; by redesignating paragraph
(8)as paragraph (9); and by inserting after paragraph
(7)the following: In this paragraph: The term applicable period , with respect to a covered entity, means the 10-year period following the date on which the covered entity receives proceeds from an award under paragraph (1), including by receiving proceeds through a sale, lease, license, or contract for a motor vehicle from an eligible recipient using that award. The term covered entity means an entity that— produces, manufactures, or carries out the final assembly of motor vehicles; and receives, after the date of enactment of the Putting American Autoworkers First Act of 2023 , proceeds from an award under paragraph (1), including by receiving proceeds through a sale, lease, license, or contract for a motor vehicle from an eligible recipient using an award under paragraph (1). The term motor vehicle has the meaning given the term in section 30D(d) of the Internal Revenue Code of 1986. The term prohibited activity , with respect to an entity described in clause (ii)(I), means— moving the domestic production, manufacturing, or final assembly of any motor vehicle or any component part of a motor vehicle outside of the United States; and reducing or eliminating production, manufacturing, or final assembly of any motor vehicle or any component part of a motor vehicle in the United States and subsequently obtaining such motor vehicle or component part from a producer or manufacturer located outside of the United States. As a condition of receiving proceeds from an award under paragraph (1), including by receiving proceeds through a sale, lease, license, or contract for a motor vehicle from an eligible recipient using an award under paragraph (1), a covered entity may not, during the applicable period— carry out any prohibited activity; or fail to satisfy the requirement under clause (iv). The requirement described in clause (i)(I) shall apply to each subsidiary of a covered entity, if applicable. If an eligible recipient is not a covered entity and the eligible recipient intends to use proceeds from an award under paragraph
(1)to purchase, lease, license, or contract for a motor vehicle from a covered entity, the eligible recipient shall notify the covered entity that the sale, lease, license, or contract is being carried out using proceeds from an award under that paragraph. Not later than 1 year after the date of enactment of the Putting American Autoworkers First Act of 2023 , and annually thereafter until the end of the applicable period, each covered entity shall provide to the Administrator such information as the Administrator may require to demonstrate that the covered entity (including each subsidiary, if applicable) has not carried out a prohibited activity. If a covered entity becomes noncompliant with the requirements under subparagraph (B), the covered entity shall pay to the Administrator an amount equal to the total of all amounts received by the covered entity that are proceeds from awards under paragraph (1). Any payment imposed pursuant to clause
(i)shall be paid by the covered entity to the Administrator over such period as is determined appropriate by the Administrator. ; and in subsection (c)(3)(E), by striking subsection (b)(7) and inserting subsection (b)(9) .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 10
Exclusion of offshoring manufacturers under clean school bus program
Cites 1Cited by 0 across 0 sources