[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4325-S4326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5363. Mr. CRAMER 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

[[Page S4326]]

II of S. Con. Res. 14; which was ordered to lie on the table; as 
follows:

        On page 386, strike line 7 and all that follows through 
     page 390, line 18, and insert the following:
       ``(A) In general.--The requirement described in this 
     subparagraph with respect to a vehicle is that, with respect 
     to the electric motor of such vehicle and the battery from 
     which such electric motor draws electricity, the percentage 
     of the value of the applicable critical minerals (as defined 
     in section 45X(c)(6)) contained in such motor and such 
     battery that were--
       ``(i) extracted or processed in any country with which the 
     United States has a free trade agreement in effect, or
       ``(ii) recycled in North America,
     is equal to or greater than the applicable percentage (as 
     certified by the qualified manufacturer, in such form or 
     manner as prescribed by the Secretary).
       ``(B) Applicable percentage.--For purposes of subparagraph 
     (A), the applicable percentage shall be--
       ``(i) in the case of a vehicle placed in service after the 
     date on which the proposed guidance described in paragraph 
     (3)(B) is issued by the Secretary and before January 1, 2024, 
     40 percent,
       ``(ii) in the case of a vehicle placed in service during 
     calendar year 2024, 50 percent,
       ``(iii) in the case of a vehicle placed in service during 
     calendar year 2025, 60 percent,
       ``(iv) in the case of a vehicle placed in service during 
     calendar year 2026, 70 percent, and
       ``(v) in the case of a vehicle placed in service after 
     December 31, 2026, 80 percent.
       ``(2) Battery and electric motor components.--
       ``(A) In general.--The requirement described in this 
     subparagraph with respect to a vehicle is that, with respect 
     to--
       ``(i) the electric motor of such vehicle, and
       ``(ii) the battery from which such electric motor draws 
     electricity,
     the percentage of the value of the components contained in 
     such motor and such battery that were manufactured or 
     assembled in North America is equal to or greater than the 
     applicable percentage (as certified by the qualified 
     manufacturer, in such form or manner as prescribed by the 
     Secretary).
       ``(B) Applicable percentage.--For purposes of subparagraph 
     (A), the applicable percentage shall be--
       ``(i) in the case of a vehicle placed in service after the 
     date on which the proposed guidance described in paragraph 
     (3)(B) is issued by the Secretary and before January 1, 2024, 
     50 percent,
       ``(ii) in the case of a vehicle placed in service during 
     calendar year 2024 or 2025, 60 percent,
       ``(iii) in the case of a vehicle placed in service during 
     calendar year 2026, 70 percent,
       ``(iv) in the case of a vehicle placed in service during 
     calendar year 2027, 80 percent,
       ``(v) in the case of a vehicle placed in service during 
     calendar year 2028, 90 percent,
       ``(vi) in the case of a vehicle placed in service after 
     December 31, 2028, 100 percent.
       ``(3) Regulations and guidance.--
       ``(A) In general.--The Secretary shall issue such 
     regulations or other guidance as the Secretary determines 
     necessary or appropriate to carry out the purposes of this 
     subsection, including regulations or other guidance which 
     provides for requirements for recordkeeping or information 
     reporting for purposes of administering the requirements of 
     this subsection.
       ``(B) Deadline for proposed guidance.--Not later than 
     December 31, 2022, the Secretary shall issue proposed 
     guidance with respect to the requirements under this 
     subsection.''.
       (2) Excluded entities.--Section 30D(d), as amended by the 
     preceding provisions of this section, is amended by adding at 
     the end 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 electric motor or battery of such 
     vehicle (as described in subsection (e)(1)(A)) were 
     extracted, processed, or recycled 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
       ``(B) any vehicle placed in service after December 31, 
     2023, with respect to which any of the components contained 
     in the electric motor or battery of such vehicle (as 
     described in subsection (e)(2)(A)) were manufactured or 
     assembled by a foreign entity of concern (as so defined).''.
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