Sec. 11. Exclusion of offshoring manufacturers under clean heavy-duty vehicles
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/bill/118/s/3397/is/section-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 132 of the Clean Air Act ( 42 U.S.C. 7432 ) is amended— by redesignating subsection
(d)as subsection (f); and by inserting after subsection
(c)the following: In this subsection: 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 this section, including by receiving proceeds through a sale, lease, license, or contract for a motor vehicle from an eligible recipient using an award under this section. 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 this section, including by receiving proceeds through a sale, lease, license, or contract for a motor vehicle from an eligible recipient using an award under this section. 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 subparagraph (B)(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 this section, including by receiving proceeds through a sale, lease, license, or contract for a motor vehicle from an eligible recipient using an award under this section, a covered entity may not, during the applicable period— carry out any prohibited activity; or fail to satisfy the requirement under subparagraph (D). The requirement described in subparagraph (A)(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 this section 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 this section. 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 paragraph (2), 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 subparagraph
(A)shall be paid by the covered entity to the Administrator over such period as is determined appropriate by the Administrator. An award under this section may not be used for— the sale, lease, licensing, or contracting for a motor vehicle (as defined in subsection (d)(1)) produced, manufactured, or assembled by an entity, including a subsidiary of such an entity, that fails to comply with subsection (d)(2)(A); the sale, lease, licensing, or contracting for charging or fueling infrastructure produced, manufactured, or assembled by an entity, including a subsidiary of such an entity, that fails to comply with subsection (d)(2)(A); or workforce development, training, planning, or technical activities carried out by an entity, including a subsidiary of such an entity, that fails to comply with subsection (d)(2)(A). .
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Sec. 11
Exclusion of offshoring manufacturers under clean heavy-duty vehicles
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