[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Page S4325]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5361. Ms. ERNST (for herself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 5194 proposed by Mr. 
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant 
to title II of S. Con. Res. 14; which was ordered to lie on the table; 
as follows:

        On page 390, strike lines 1 through 18 and insert the 
     following:
       ``(7) Excluded entities.--For purposes of this section, the 
     term `new clean vehicle' shall not include--
       ``(A) any vehicle placed in service after December 31, 
     2024, with respect to which any of the applicable critical 
     minerals contained in the battery of such vehicle (as 
     described in subsection (e)(1)(A)) were extracted, processed, 
     or recycled--
       ``(i) by a foreign entity of concern (as defined in section 
     40207(a)(5) of the Infrastructure Investment and Jobs Act (42 
     U.S.C. 18741(a)(5))), or
       ``(ii) in a country which is subject to an active withhold 
     release order or finding issued by United States Customs and 
     Border Protection of the Department of Homeland Security, or
       ``(B) any vehicle placed in service after December 31, 
     2023, with respect to which any of the components contained 
     in the battery of such vehicle (as described in subsection 
     (e)(2)(A)) were manufactured or assembled--
       ``(i) by a foreign entity of concern (as so defined), or
       ``(ii) in a country which is subject to an active withhold 
     release order or finding issued by United States Customs and 
     Border Protection of the Department of Homeland Security.''.
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