Short title

This Act may be cited as the

Putting American Autoworkers First Act of 2023

Exclusion of offshoring manufacturers under clean vehicle credit

(a)

In general

Section 30D(d)(3) of the Internal Revenue Code of 1986 is amended—(1)by striking The term and inserting the following:

(A)

In general

The term

, and

(2)by adding at the end the following:

(B)

Offshoring exclusion

(i)

In general

The term qualified manufacturer shall not include any manufacturer (as defined in subparagraph (A)) which, during the applicable period—(I)with respect to the manufacturer or any subsidiary of such manufacturer—(aa)moves any production, manufacturing, or final assembly of any vehicle or any component part of a vehicle outside of the United States, or(bb)reduces or eliminates production, manufacturing, or final assembly of any vehicle or any component part of a vehicle in the United States and subsequently obtains any such vehicle or part from a producer or manufacturer located outside of the United States, or(II)fails to satisfy the requirements described in clause (iii).(ii)

Applicable period

For purposes of this subparagraph, the term applicable period means the period—(I)beginning on the date of enactment of the Putting American Autoworkers First Act of 2023, and(II)ending on the date which is 10 years after the date on which the written agreement with the Secretary described in subparagraph (A) has been terminated.(iii)

Reporting

Not later than 1 year after the date of enactment of the Putting American Autoworkers First Act of 2023, and annually thereafter during the applicable period, any manufacturer which has entered into a written agreement with the Secretary described in subparagraph (A) shall provide the Secretary with such information as the Secretary may require to demonstrate that such manufacturer (including any subsidiaries) has not moved, reduced, or eliminated any production, manufacturing, or final assembly in a manner described in clause (i)(I).(iv)

Penalty

(I)

In general

In the case of any manufacturer which, during the applicable period, has moved, reduced, or eliminated any production, manufacturing, or final assembly in a manner described in clause (i)(I), such manufacturer shall pay to the Secretary a penalty in an amount equal to the total amount of credits allowed under this section with respect to any new clean vehicles manufactured by such manufacturer during the applicable period.(II)

Period of payment

Any penalty imposed pursuant to subclause (I) shall be paid by the manufacturer to the Secretary over such period as is determined appropriate by the Secretary.(v)

Rule of construction

In the case of any manufacturer which, as determined by the Secretary, has failed to satisfy the requirements under subclause (I) or (II) of clause (i) during the applicable period, such determination shall have no effect with respect to any vehicle sold before the date of such determination for purposes of determining whether such vehicle satisfies the requirement under paragraph (1)(C).

(b)

Application of penalties to other credits

(1)

Previously-owned clean vehicles

Section 25E of the Internal Revenue Code of 1986 is amended—(A)by redesignating subsection (g) (as redesignated by section 13402(b) of Public Law 117–169) as subsection (h), and(B)by inserting after subsection (f) the following new subsection:

(g)

Manufacturer penalty for violations of offshoring rules

(1)

In general

In the case of any manufacturer which, during the applicable period, has moved, reduced, or eliminated any production, manufacturing, or final assembly in a manner described in section 30D(d)(3)(B)(i)(I), such manufacturer shall pay to the Secretary a penalty in an amount equal to the total amount of credits allowed under this section with respect to any previously-owned clean vehicles manufactured by such manufacturer during the applicable period.(2)

Exclusion

Any previously-owned clean vehicle for which a credit was allowed under section 30D shall not be included for purposes of determining the amount of any penalty imposed pursuant to paragraph (1).(3)

Period of payment

Any penalty imposed pursuant to paragraph (1) shall be paid by the manufacturer to the Secretary over such period as is determined appropriate by the Secretary.(4)

Definitions

For purposes of this subsection, the terms manufacturer and applicable period shall have the same meanings given such terms under section 30D(d)(3)(B).

(2)

Qualified commercial clean vehicles

Section 45W of the Internal Revenue Code of 1986 is amended—(A)by redesignating subsection (g) as subsection (h), and(B)by inserting after subsection (f) the following new subsection:

(g)

Manufacturer penalty for violation of offshoring rules

(1)

In general

In the case of any manufacturer which, during the applicable period, has moved, reduced, or eliminated any production, manufacturing, or final assembly in a manner described in section 30D(d)(3)(B)(i)(I), such manufacturer shall pay to the Secretary a penalty in an amount equal to the total amount of credits allowed under this section with respect to any qualified commercial clean vehicles manufactured by such manufacturer during the applicable period.(2)

Period of payment

Any penalty imposed pursuant to paragraph (1) shall be paid by the manufacturer to the Secretary over such period as is determined appropriate by the Secretary.(3)

Definitions

For purposes of this subsection, the terms manufacturer and applicable period shall have the same meanings given such terms under section 30D(d)(3)(B).

(c)

Effective date

The amendments made by this section shall apply to vehicles sold after the date of enactment of this Act.

Exclusion of offshoring manufacturers under qualifying advanced energy project credit

(a)

In general

Section 48C(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following:

(C)

Offshoring exclusion

(i)

In general

Such term shall not include any project of an applicable taxpayer if, during the applicable period—(I)such taxpayer (including any subsidiary of such taxpayer)—(aa)moves any production, manufacturing, or final assembly of any vehicle or any component part of a vehicle outside of the United States, or(bb)reduces or eliminates production, manufacturing, or final assembly of any vehicle or any component part of a vehicle in the United States and subsequently obtains any such vehicle or part from a producer or manufacturer located outside of the United States, or(II)such taxpayer fails to satisfy the requirements described in clause (iii).(ii)

Applicable period

For purposes of this subparagraph, the term applicable period means, with respect to any project of the taxpayer, the period—(I)beginning on the date of enactment of the Putting American Autoworkers First Act of 2023, and(II)ending on the date which is 10 years after the end of the last taxable year for which, with respect to such project, a credit determined under subsection (a) is allowed under section 38.(iii)

Reporting

Not later than 1 year after the date of enactment of the Putting American Autoworkers First Act of 2023, and annually thereafter during the applicable period, any taxpayer which has received a certification under subsection (e) with respect to any project shall provide the Secretary with such information as the Secretary may require to demonstrate that such taxpayer (including any subsidiaries) has not moved, reduced, or eliminated any production, manufacturing, or final assembly in a manner described in subclause (I) or (II) of clause (i).(iv)

Penalty

(I)

In general

In the case of any applicable taxpayer which, during the applicable period, has moved, reduced, or eliminated any production, manufacturing, or final assembly in a manner described in subclause (I) or (II) of clause (i), such taxpayer shall pay to the Secretary a penalty in an amount equal to 200 percent of the total amount of credits allowed under this section with respect to any qualified investments made by such taxpayer during the applicable period.(II)

Period of payment

Any penalty imposed pursuant to subclause (I) shall be paid by the applicable taxpayer to the Secretary over such period as is determined appropriate by the Secretary.(v)

Applicable taxpayer

For purposes of this subparagraph, the term applicable taxpayer means any manufacturer (within the meaning of the regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.)).

(b)

Effective date

The amendment made by this section shall apply to property placed in service after the date of enactment of this Act.

Exclusion of offshoring manufacturers under advanced technology vehicles manufacturing incentive program

Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended—(1)by striking subsection (e) and inserting the following:

(e)

Eligibility; requirement To not offshore manufacturing

(1)

Definitions

In this subsection:(A)

Applicable period

The term applicable period, with respect to a covered entity, means the 10-year period following the date on which the covered entity, as applicable—(i)receives the full amount of a facility funding award under subsection (b); or(ii)fully pays back a direct loan received under subsection (d). (B)

Covered entity

The term covered entity means an entity that—(i)produces, manufactures, or carries out the final assembly of motor vehicles; and(ii)receives, after the date of enactment of the Putting American Autoworkers First Act of 2023— (I)a facility funding award under subsection (b); or(II)a direct loan under subsection (d).(C)

Prohibited activity

The term prohibited activity, with respect to an entity described in subparagraph (B)(i), means—(i)moving the domestic production, manufacturing, or final assembly of any vehicle or any component part of a vehicle outside of the United States; and(ii)reducing or eliminating production, manufacturing, or final assembly of any vehicle or any component part of a vehicle in the United States and subsequently obtaining such vehicle or component part from a producer or manufacturer located outside of the United States.(2)

Eligibility

Beginning on the date of enactment of the Putting American Autoworkers First Act of 2023, no entity described in clause (i) of paragraph (1)(B) shall be eligible for an award or loan described in clause (ii) of that paragraph if that entity (or a subsidiary of that entity) has carried out a prohibited activity as of that date.(3)

Requirements

(A)

In general

As a condition of receiving an award or loan described in paragraph (1)(B)(ii), a covered entity may not, during the applicable period—(i)carry out any prohibited activity; or(ii)fail to satisfy the requirement under subparagraph (C).(B)

Subsidiary requirement

The requirement under subparagraph (A)(i) shall apply to each subsidiary of a covered entity, if applicable.(C)

Report

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 Secretary such information as the Secretary may require to demonstrate that the covered entity (including each subsidiary, if applicable) has not carried out a prohibited activity.(4)

Noncompliance

(A)

In general

If a covered entity becomes noncompliant with the requirements under paragraph (3), the covered entity shall pay to the Secretary—(i)in the case of receiving an award, 200 percent of the amount of the award; and(ii)in the case of receiving a loan, the amount of the loan, at a schedule determined by the Secretary, at an interest rate that is double the higher of—(I)the interest rate; and(II)the subsidy rate.(B)

Period of payment

Any payment imposed pursuant to subparagraph (A) shall be paid by the covered entity to the Secretary over such period as is determined appropriate by the Secretary.

; and

(2)by redesignating subsection (m) as subsection (l).

Exclusion of offshoring manufacturers under domestic manufacturing conversion grant program

Section 712(a) of the Energy Policy Act of 2005 (42 U.S.C. 16062(a)) is amended—(1)in paragraph (2)—(A)by striking The program and inserting the following:

(A)

In general

The program

; and

(B)by adding at the end the following:

(B)

Eligibility

Beginning on the date of enactment of the Putting American Autoworkers First Act of 2023, no entity described in paragraph (4)(A)(ii)(I) shall be eligible for a grant or loan guarantee under this paragraph if that entity (or a subsidiary of that entity) has carried out a prohibited activity (as defined in paragraph (4)(A)) as of that date.

; and

(2)by adding at the end the following:

(4)

Requirement to not offshore manufacturing

(A)

Definitions

In this paragraph:(i)

Applicable period

The term applicable period, with respect to a covered entity, means the 10-year period following the date on which the covered entity, as applicable—(I)receives the full amount of grant funds under paragraph (2); or(II)fully pays back the loan for which a guarantee is provided under that paragraph. (ii)

Covered entity

The term covered entity means an entity described in paragraph (2) that—(I)produces, manufactures, or carries out the final assembly of motor vehicles; and(II)receives, after the date of enactment of the Putting American Autoworkers First Act of 2023, a grant or loan guarantee under that paragraph.(iii)

Prohibited activity

The term prohibited activity, with respect to an entity described in clause (ii)(I), means—(I)moving the domestic production, manufacturing, or final assembly of any vehicle or any component part of a vehicle outside of the United States; and(II)reducing or eliminating production, manufacturing, or final assembly of any vehicle or any component part of a vehicle in the United States and subsequently obtaining such vehicle or component part from a producer or manufacturer located outside of the United States. (B)

Requirements

(i)

In general

As a condition of receiving a grant or loan guarantee under paragraph (2), a covered entity may not, during the applicable period—(I)carry out any prohibited activity; or(II)fail to satisfy the requirement under clause (iii).(ii)

Subsidiary requirement

The requirement under clause (i)(I) shall apply to each subsidiary of a covered entity, if applicable.(iii)

Report

Noncompliance

(i)

In general

If a covered entity becomes noncompliant with the requirements under subparagraph (B), the covered entity shall pay to the Secretary—(I)in the case of receiving a grant, 200 percent of the amount of the grant; and(II)in the case of receiving a loan guarantee, an amount that is double the cost incurred by the Secretary for administering that loan guarantee.(ii)

Period of payment

Any payment imposed pursuant to clause (i) shall be paid by the covered entity to the Secretary over such period as is determined appropriate by the Secretary.

Exclusion of offshoring manufacturers under public school energy improvement program

Section 40541(f) of the Investment Infrastructure and Jobs Act (42 U.S.C. 18831(f)) is amended by adding at the end the following:

(5)

Use of grant funds relating to motor vehicle manufacturers

(A)

Definitions

In this paragraph:(i)

Applicable period

The term applicable period, with respect to a covered entity, means the 10-year period following the date on which the covered entity contracts with an eligible entity as described in clause (ii)(II).(ii)

Covered entity

The term covered entity means an entity that—(I)produces, manufactures, or carries out the final assembly of motor vehicles; and (II)after the date of enactment of the Putting American Autoworkers First Act of 2023, contracts with an eligible entity to make energy improvements pursuant to a grant provided to the eligible entity under this section.(iii)

Prohibited activity

Prohibition

Beginning on the date of enactment of the Putting American Autoworkers First Act of 2023, an eligible entity receiving a grant under this section may not use grant amounts to contract with, for the purpose of making energy improvements, an entity described in subparagraph (A)(ii)(I), or a subsidiary of such an entity, if that entity or subsidiary has carried out a prohibited activity as of that date.(C)

Requirements on motor vehicle manufacturers

A covered entity may not, as a condition of the contract with the eligible entity, during the applicable period—(i)carry out a prohibited activity; or(ii)fail to satisfy the requirement under subparagraph (E).(D)

Subsidiary requirement

The requirement under subparagraph (C)(i) shall apply to each subsidiary of a covered entity, if applicable.(E)

Notice to covered entity

If an eligible entity intends to use proceeds from a grant under this section to purchase, lease, license, or contract for a motor vehicle from a covered entity, the eligible entity shall notify the covered entity that the sale, lease, license, or contract is being carried out using a grant under this section.(F)

Report

Noncompliance

(i)

In general

If a covered entity becomes noncompliant with the requirements under subparagraph (C), the covered entity shall pay to the Secretary the Federal funds paid by the eligible entity to the covered entity under the applicable contract.(ii)

Period of payment

Any payment imposed pursuant to clause (i) shall be paid by the covered entity to the Secretary over such period as is determined appropriate by the Secretary.

Exclusion of offshoring manufacturers under State energy program

Section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322) is amended by adding at the end the following:

(h)

Use of funds relating to motor vehicle manufacturers

(1)

Definitions

In this subsection:(A)

Applicable period

The term applicable period, with respect to a covered entity, means the 10-year period following the date on which the covered entity contracts with a State as described in subparagraph (B)(ii).(B)

Covered entity

The term covered entity means an entity that—(i)produces, manufactures, or carries out the final assembly of motor vehicles; and (ii)after the date of enactment of the Putting American Autoworkers First Act of 2023, contracts with a State to carry out an energy conservation goal pursuant to a State energy conservation plan submitted under this section.(C)

Prohibited activity

Prohibition

Beginning on the date of enactment of the Putting American Autoworkers First Act of 2023, a State carrying out a State energy conservation plan submitted under this section may not contract with, for the purpose of carrying out an energy conservation goal, an entity described in paragraph (1)(B)(i), or a subsidiary of such an entity, if that entity or subsidiary has carried out a prohibited activity as of that date.(3)

Requirements on motor vehicle manufacturers

A covered entity may not, as a condition of the contract with the State, during the applicable period—(A)carry out a prohibited activity; or(B)fail to satisfy the requirement under paragraph (5).(4)

Subsidiary requirement

The requirement under paragraph (3)(A) shall apply to each subsidiary of a covered entity, if applicable.(5)

Notice to covered entity

If a State carrying out a State energy conservation plan submitted under this section intends to purchase, lease, license, or contract for a motor vehicle from a covered entity, the State shall notify the covered entity that the sale, lease, license, or contract is being carried out as part of the State energy conservation plan submitted under this section.(6)

Report

Noncompliance

(A)

In general

If a covered entity becomes noncompliant with the requirements under paragraph (3), the covered entity shall pay to the Secretary the Federal funds paid by the State to the covered entity under the applicable contract.(B)

Period of payment

Any payment imposed pursuant to subparagraph (A) shall be paid by the covered entity to the Secretary over such period as is determined appropriate by the Secretary.

Exclusion of offshoring manufacturers under bus grant programs

Section 5339(b) of title 49, United States Code, is amended by adding at the end the following:

(12)

Require to not offshore manufacturing

(A)

Definitions

In this paragraph:(i)

Applicable period

The term applicable period, with respect to a covered entity, means the 10-year period following the date on which the covered entity receives the full amount of funds provided under this subsection.(ii)

Covered entity

The term covered entity means an entity that—(I)produces, manufactures, or carries out the final assembly of vehicle , or any subsidiary of such entity; and(II)receives, after the date of enactment of the Putting American Autoworkers First Act of 2023, assistance under this subsection from an eligible recipient. (iii)

Prohibited activity

The term prohibited activity, with respect to an covered entity, means—(I)moving the domestic production, manufacturing, or final assembly of any vehicle or any component part of a vehicle outside of the United States; and(II)reducing or eliminating production, manufacturing, or final assembly of any vehicle or any component part of a vehicle in the United States and subsequently obtaining such vehicle or component part from a producer or manufacturer located outside of the United States. (B)

Eligibility

Beginning on the date of enactment of the Putting American Autoworkers First Act of 2023, no entity described in subclause (I) of subparagraph (A)(ii) shall be eligible for assistance under this subsection if that entity (or a subsidiary of that entity) has carried out a prohibited activity as of that date. (C)

Requirements

(i)

In general

As a condition of receiving funds under this subsection, a covered entity may not, during the applicable period—(I)carry out any prohibited activity; or(II)fail to satisfy the requirement under clause (iii).(ii)

Subsidiary requirement

The requirement under clause (i)(I) shall apply to each subsidiary of a covered entity, if applicable.(iii)

Notice to covered entity

If an eligible recipient is not a covered entity and the eligible recipient intends to use proceeds from an award under this subsection to purchase, lease, license, or contract for a 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 subsection. (iv)

Report

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, a covered entity shall provide the Secretary such information as the Secretary may require to demonstrate that the covered entity (including each subsidiary, if applicable) has not carried out a prohibited activity.(D)

Noncompliance

(i)

In general

If a covered entity that receives assistance under this subsection after the date of enactment of this paragraph becomes noncompliant with the requirements under subparagraph (C), the covered entity shall pay to the Secretary an amount equal to 100 percent of the amount that consumers of the covered entity paid to the covered entity of assistance under this subsection.(ii)

Period of payment

Any payment imposed pursuant to clause (i) shall be paid by the covered entity to the Secretary over such period as is determined appropriate by the Secretary.

Exclusion of offshoring manufacturers under low or no emission grant program

Section 5339(c) of title 49, United States Code, is amended by adding at the end the following:

(9)

Require to not offshore manufacturing

(A)

Definitions

In this paragraph:(i)

Applicable period

Covered entity

The term covered entity means an entity that—(I)produces, manufactures, or carries out the final assembly of vehicles, or any subsidiary of such entity; and(II)receives, after the date of enactment of the Putting American Autoworkers First Act of 2023, assistance from a recipient under this subsection.(iii)

Prohibited activity

Eligibility

Requirements

(i)

In general

As a condition of receiving assistance under this subsection, a covered entity may not, during the applicable period—(I)carry out a prohibited activity; or (II)fail to satisfy the requirement under clause (iii).(ii)

Subsidiary requirement

The requirement under clause (i)(I) shall apply to each subsidiary of a covered entity, if applicable.(iii)

Notice to covered entity

If a recipient is not a covered entity and the recipient intends to use proceeds from an award under this subsection to purchase, lease, license, or contract for a vehicle from a covered entity, the recipient shall notify the covered entity that the sale, lease, license, or contract is being carried out using proceeds from an award under this subsection. (iv)

Report

Noncompliance

(i)

In general

If a covered entity that receives a grant under this subsection after the date of enactment of this paragraph becomes noncompliant with the requirements under subparagraph (C), the covered entity shall pay to the Secretary an amount equal to 100 percent of the amount that consumers of the covered entity paid to the covered entity of the grant under this subsection.(ii)

Period of payment

Any payment imposed pursuant to clause (i) shall be paid by the covered entity to the Secretary over such period as is determined appropriate by the Secretary.

10.

Exclusion of offshoring manufacturers under clean school bus program

Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is amended—(1)in subsection (b)—(A)in paragraph (6), by adding at the end the following:

(C)

Limitation

An award under this section may not be used for the sale, lease, licensing, or contracting for—(i)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(ii)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).

;

(B)by redesignating paragraph (8) as paragraph (9); and(C)by inserting after paragraph (7) the following:

(8)

Requirement to not offshore manufacturing

(A)

Definitions

In this paragraph:(i)

Applicable period

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.(ii)

Covered entity

The term covered entity means an entity that—(I)produces, manufactures, or carries out the final assembly of motor vehicles; and(II)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).(iii)

Motor vehicle

The term motor vehicle has the meaning given the term in section 30D(d) of the Internal Revenue Code of 1986.(iv)

Prohibited activity

The term prohibited activity, with respect to an entity described in clause (ii)(I), means—(I)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(II)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.(B)

Requirements

(i)

In general

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—(I)carry out any prohibited activity; or(II)fail to satisfy the requirement under clause (iv).(ii)

Subsidiary requirement

The requirement described in clause (i)(I) shall apply to each subsidiary of a covered entity, if applicable.(iii)

Notice to covered entity

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.(iv)

Report

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.(C)

Noncompliance

(i)

In general

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). (ii)

Period of payment

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

(2)in subsection (c)(3)(E), by striking subsection (b)(7) and inserting subsection (b)(9).

11.

Exclusion of offshoring manufacturers under clean heavy-duty vehicles

Section 132 of the Clean Air Act (42 U.S.C. 7432) is amended—(1)by redesignating subsection (d) as subsection (f); and(2)by inserting after subsection (c) the following:

(d)

Requirement To not offshore manufacturing

(1)

Definitions

In this subsection:(A)

Applicable period

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.(B)

Covered entity

The term covered entity means an entity that—(i)produces, manufactures, or carries out the final assembly of motor vehicles; and(ii)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.(C)

Motor vehicle

The term motor vehicle has the meaning given the term in section 30D(d) of the Internal Revenue Code of 1986.(D)

Prohibited activity

The term prohibited activity, with respect to an entity described in subparagraph (B)(i), means—(i)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(ii)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.(2)

Requirements

(A)

In general

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—(i)carry out any prohibited activity; or(ii)fail to satisfy the requirement under subparagraph (D).(B)

Subsidiary requirement

The requirement described in subparagraph (A)(i) shall apply to each subsidiary of a covered entity, if applicable.(C)

Notice to covered entity

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.(D)

Report

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.(3)

Noncompliance

(A)

In general

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).(B)

Period of payment

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.(e)

Limitation

An award under this section may not be used for—(1)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);(2)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(3)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).