[Congressional Record Volume 170, Number 142 (Thursday, September 12, 2024)]
[House]
[Pages H5206-H5214]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   END CHINESE DOMINANCE OF ELECTRIC VEHICLES IN AMERICA ACT OF 2024

  Mr. SMITH of Missouri. Madam Speaker, pursuant to House Resolution 
1430, I call up the bill (H.R. 7980) to amend the Internal Revenue Code 
of 1986 to exclude vehicles the batteries of which contain materials 
sourced from prohibited foreign entities from the clean vehicle credit, 
and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 1430, the 
amendment in the nature of a substitute recommended by the Committee on 
Ways and Means printed in the bill shall be considered as adopted and 
the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 7980

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``End Chinese Dominance of 
     Electric Vehicles in America Act of 2024''.

     SEC. 2. EXCLUSION FROM CLEAN VEHICLE CREDIT OF VEHICLES 
                   CONTAINING MATERIALS SOURCED FROM PROHIBITED 
                   FOREIGN ENTITIES.

       (a) In General.--Section 30D(d)(7) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(7) Excluded entities.--
       ``(A) In general.--For purposes of this section, the term 
     `new clean vehicle' shall not include any vehicle--
       ``(i) with respect to which any of the components contained 
     in the drive battery or any material contained in such a 
     component was extracted, processed, recycled, manufactured, 
     or assembled by a prohibited foreign entity, or
       ``(ii) the drive battery of which is designed, 
     manufactured, or produced using any process attributable to 
     any licensing, royalty, service, or similar agreement with a 
     prohibited foreign entity the estimated total contract cost, 
     including variable, contingent, or sales-based payments, of 
     which exceeds $5,000,000.
       ``(B) Prohibited foreign entity.--For purposes of 
     subparagraph (A), the term `prohibited foreign entity' 
     means--
       ``(i) any foreign entity of concern (as defined in section 
     40207(a)(5) of the Infrastructure Investment and Jobs Act),
       ``(ii) any entity with respect to which the government of a 
     covered nation has the right or power (directly or 
     indirectly) to appoint or approve the appointment of a 
     covered officer, or
       ``(iii) any entity 25 percent or more of the capital or 
     profits interests of which are owned (directly or indirectly) 
     in the aggregate by 1 or more of the following:

       ``(I) A covered nation or an entity described in clause (i) 
     or (ii).

[[Page H5207]]

       ``(II) A citizen, national, or resident of a covered 
     nation.
       ``(III) An entity organized under the laws of a covered 
     nation.

       ``(C) Covered officer.--For purposes of this paragraph, the 
     term `covered officer' means--
       ``(i) any member of the board of directors, board of 
     supervisors, or an equivalent governing body,
       ``(ii) the president, senior vice president, chief 
     executive officer, chief operating officer, chief financial 
     officer, or general counsel, or
       ``(iii) any individual who performs duties usually 
     associated with a title listed in clause (i) or (ii).
       ``(D) Covered nation.--For purposes of this paragraph, the 
     term `covered nation' has the meaning given such term in 
     section 4872(d) of title 10, United States Code.
       ``(E) Drive battery.--For purposes of this paragraph, the 
     term `drive battery' means, with respect to a vehicle, the 
     battery from which the electric motor of such vehicle draws 
     electricity.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to vehicles placed in service after the date of 
     enactment of this Act.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
1 hour, equally divided and controlled by the chair and ranking 
minority member of the Committee on Ways and Means, or their respective 
designees.
  The gentleman from Missouri (Mr. Smith) and the gentleman from 
Michigan (Mr. Kildee) each will control 30 minutes.
  The Chair recognizes the gentleman from Missouri (Mr. Smith).


                             General Leave

  Mr. SMITH of Missouri. Madam Speaker, I ask unanimous consent that 
all Members have 5 legislative days to revise and extend their remarks 
and submit extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I rise in support of the End Chinese Dominance of 
Electric Vehicles in America Act introduced by my good friend and Ways 
and Means colleague, Mrs. Carol Miller of West Virginia.
  For years, the Chinese Communist Party has been doing everything it 
can do to dominate the electric vehicles market from the critical 
minerals needed to build EV batteries to the vehicles themselves.

                              {time}  0915

  Through forced labor practices, market distorting subsidies, and 
illegal trade mechanisms, China for years has manipulated the global 
marketplace for electric vehicles and their components. Instead of 
using the critical minerals in our own backyard to compete, the Biden-
Harris administration has put an effective ban on recovering those 
materials and minerals in the U.S., furthering China's competitive 
advantage.
  To make matters worse, pushed by their radical environmentalist base, 
the Harris-Biden administration is now using American taxpayer dollars 
to further China's dominance of the EV market.
  When Vice President Harris cast the deciding, tiebreaking vote for 
the inflation expansion act, she and every Democrat in Congress handed 
a massive gift to the Chinese Government and its cronies.
  While the letter of the law, as written by Senator Manchin, states 
these tax handouts are off-limits to foreign entities of concern like 
China, the Harris-Biden administration wrote ridiculously weak 
implementation regulations that every Chinese businessman should love.
  The foreign entity of concern regulations for the inflation expansion 
act's EV credits, put out by the Department of the Treasury, are 
insulting. They are insulting to every American who cares about 
national security and who doesn't want to see their tax dollars flow to 
China.
  One has to ask: Why not copy the exact same regulations that the 
Department of Commerce put out when implementing the semiconductor 
grants in the Chips and Science Act?
  If they were good then, why not now?
  If the Harris-Biden administration was concerned enough about China 
accessing U.S. tax dollars that they wrote language prohibiting any 
Chinese national from having a 25 percent stake in a U.S. company 
receiving grants, then why not do the exact same thing here?
  Why, instead, write a massive implementation loophole that allows any 
Chinese billionaire with unofficial ties to the Chinese Communist Party 
to receive U.S. taxpayer subsidies?
  The answer is simple. The current occupants of the White House are 
conflicted. They are conflicted between pretending to be tough on China 
and being responsive to the radical environmentalists who control their 
party.
  It is time we put the brakes on giving taxpayer money to Chinese 
billionaires and the Chinese Communist Party.
  When Democrats controlled Washington, they opened the door for China 
to take billions from hardworking taxpayers.
  Under Republican leadership of the House of Representatives, we are 
fighting back on the side of American taxpayers and for the security 
and prosperity for our Nation, not for the Chinese Communist Party.
  This legislation shuts down the loopholes that the Harris-Biden 
administration have created that allow Chinese billionaires and 
manufacturers to profit from American taxpayer dollars.
  America's working families should not be forced to subsidize a nation 
whose decades of unfair trade practices and government subsidies have 
led to lost jobs, shuttered factories, and hollowed-out communities 
right here at home.
  I urge my colleagues to support this legislation and join me in 
telling China that the days of fleecing American taxpayers are over.
  Madam Speaker, I urge all my colleagues to support this legislation, 
and I reserve the balance of my time.
  Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, when it comes to the future of auto manufacturing, we 
have basically two options. We can either let China continue to 
dominate manufacturing, including the production of electric vehicles, 
as they have now for years, or we can invest in American manufacturing 
to create American jobs and make sure American workers are building 
these vehicles here in the United States.
  The electric vehicle tax credit is helping us to compete with China, 
lowering costs for our consumers, and making sure we continue to make 
vehicles here in America with American workers and not overseas.
  During the pandemic, of course, we had an economic crisis. Now, 
America has one of the strongest economies in the world. Over the last 
several years, 16 million new jobs have been created. There has been 
record small business growth. The stock market is near all-time highs. 
Wages are up and inflation is, in fact, coming down.
  Additionally, for the first time in a long time, we are seeing a 
manufacturing boom right here in America. Under the last 
administration, we were shipping American jobs overseas. Currently, 
hundreds of thousands of new manufacturing jobs have been created here 
in the United States with more manufacturing projects being planned or 
under construction.
  To protect these jobs and to combat China's unfair trade practices, 
the Biden-Harris administration has announced that tariffs on Chinese 
electric vehicles would go from 25 percent to 100 percent. We are 
seeing the results of these efforts in my district, huge economic 
projects and investments that are putting people to work in good-paying 
manufacturing jobs, jobs at companies like SK Siltron in Bay County and 
Hemlock Semiconductor in Saginaw County, jobs you can raise a family on 
and that are helping us to lead the way to a new, clean energy economy.
  The bill that we are debating today would reverse all of that work. 
Let's see it for what it is. It is a partisan attempt to undermine 
efforts to boost American manufacturing, to onshore our supply chains, 
and to lower costs for consumers. This is important: Ironically, this 
bill would make it harder for us to compete with China.
  These new, unclear restrictions under this bill would make it 
completely unworkable and lead the auto industry and battery 
manufacturers to pull back their U.S. investments and to pull back on 
investing in manufacturing for those critical elements right here in 
the United States and from friendly countries and to, instead, go back 
to relying on China.

[[Page H5208]]

  The outcome would undermine our economic competitiveness, undermine 
our national security, and undermine our resilience in our automotive 
supply chain. It would jeopardize billions of dollars of investment, 
and it would jeopardize hundreds of thousands of jobs. This bill is the 
wrong direction for American workers, it is the wrong direction for 
American consumers, and it is the wrong direction for our economy.
  For these reasons, Madam Speaker, I urge my colleague to oppose this 
legislation, and I reserve the balance of my time.
  Mr. SMITH of Missouri. Madam Speaker, I yield such time as she may 
consume to the gentlewoman from West Virginia (Mrs. Miller).
  Mrs. MILLER of West Virginia. Madam Speaker, today we are considering 
important legislation that will take steps to ensure the Chinese 
companies can no longer be the ultimate beneficiary of the luxury 
electric vehicle tax credits that Democrats enacted last Congress.
  When Democrats enacted the poorly named and poorly written Inflation 
Reduction Act, they sold the American people a false bill of goods. 
They said that the bill would help secure domestic supply chains and 
decrease our dependence on the Chinese Communist Party in critical 
industries. They were wrong.
  Republicans knew at that time that this would not be the result of 
the IRA, but, unfortunately, the Biden-Harris administration has been 
determined to cede as much market share and too many of our taxpayer 
dollars to foreign adversaries with the implementation of these credits 
as possible.
  The Biden administration has been more concerned about bowing to 
radical environmentalists than actually helping develop these 
technologies right here in America.
  This legislation will close the Chinese billionaire loophole that 
currently allows those entities owned by billionaires from countries of 
concern to benefit from the electric vehicle subsidies, as long as 
their ties to these hostile governments are deemed unofficial.
  The Biden-Harris administration has put out regulations on the 
electric vehicle credit that effectively exclude battery inputs from 
being subject to any limitations at all. This bill will also ensure 
none of the components going into the battery are sourced from China.
  Finally, this bill will prevent companies from benefiting from this 
tax break if they merely partner with foreign entity of concern firms 
without developing any domestic intellectual property or knowledge 
transfer.
  Madam Speaker, I urge my colleagues to vote ``yes'' and to choose 
American taxpayers over Chinese billionaires. The choice is clear.
  Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, let me first just quickly respond because I have heard 
this point made several times in reference to luxury vehicles purchased 
by wealthy individuals. It is interesting because the electric vehicle 
tax credit was first put into law and came into effect in 2009. In 
2017, the entirety of the Federal Government was controlled by 
Republicans, and by their own definition they scoured every line of the 
U.S. Tax Code to present to this Congress and pass legislation to 
address what they saw as the weaknesses in the Tax Code.
  Looking at everything, including the electric vehicle tax credit, 
what was the result?
  It was huge tax cuts to those very wealthy individuals, and unlike 
our policy, no cap on the price of a vehicle.
  Madam Speaker, when my friends on the other side of the aisle look at 
the electric vehicle tax credit in 2017, they allowed a millionaire to 
buy a vehicle priced at any price. What we did when we wrote our 
electric vehicle tax credit is put a cap on the income of individuals 
who qualified for the credit. My friends on the other side of the aisle 
did not put a cap on the price of a vehicle that is eligible for the 
credit. They had no cap on the price of the vehicle.
  Let's see this for what it is. It is not an attempt to make right the 
electric vehicle tax credit. It is an attempt to stop the electric 
vehicle tax credit and to end the electric vehicle tax credit.
  Instead of having, perhaps, some de minimis elements and untraceable 
elements that may come from another country included in a battery, what 
the majority is proposing is policy that would have the entire car come 
from China, 100 percent of its value built in China. That is the wrong 
direction for this country.
  Madam Speaker, I yield 3 minutes to the gentlewoman from California 
(Ms. Chu), who is a great member of the House Ways and Means Committee.
  Ms. CHU. Madam Speaker, this bill is yet another excuse by 
Republicans to undermine the Inflation Reduction Act even as it 
delivers historic benefits to millions of Americans.

  This landmark legislation extended and expanded the 30D tax credit to 
support the adoption of clean vehicles. These credits are not only 
supporting our transition to a clean economy, they are creating 
American jobs, bolstering American manufacturing, and strengthening 
American supply chains.
  This bill would undercut the Biden-Harris administration's work to 
implement these credits under the guise of cracking down on foreign 
adversaries, and, yet again, this bill includes a harmful provision 
that would target immigrants who came to the United States from an 
adversary country but who themselves have nothing to do with their 
governments of origin.
  This is the latest Republican bill this week that follows the 
shameful playbook of fear-mongering and discrimination that will harm 
Chinese and Asian-American immigrant communities without doing anything 
to improve national security or decrease our reliance on foreign 
energy.
  Consider that there are countless immigrants who come from countries 
like China to the United States to start a business. Sometimes those 
immigrants are fleeing persecution in their country of origin. However, 
under this bill, if a Chinese immigrant starts a business that produces 
components for electric vehicle batteries, then any claimed vehicle 
that uses components from their business would be categorically 
ineligible from benefiting from the tax credit.
  That means every car manufacturer would be punished for working with 
this business even if it is located here in the U.S. and employing 
American workers with absolutely no connection to any foreign 
government or foreign government-controlled entity.

                              {time}  0930

  Because of the way this bill was poorly drafted, it is even possible 
that it could target immigrants who have become U.S. citizens. This is 
simply xenophobic and wrong.
  I want to be clear: There are legitimate national and economic 
security concerns that the U.S. faces with these foreign governments. 
To make sure we are addressing these concerns, it is important to 
prevent foreign adversaries benefiting from our tax credit, but that 
is, in fact, exactly what the Inflation Reduction Act already does and 
what the Biden-Harris administration has been upholding in their 
implementation of this law.
  What I do staunchly object to is any legislation that creates 
enormous, disproportionate barriers for any individual solely because 
of their country of origin. The supposedly innocuous restriction of 
certain rights in the name of economic or national security can be just 
the start of the wholesale violation of our communities' civil rights.
  The bottom line is this bill will hurt our transition to clean 
vehicles.
  Madam Speaker, I oppose this bill, and I urge my colleagues to vote 
``no.''
  Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, the language from this bill comes directly from the 
U.S. Department of Commerce. It is nothing new.
  Democrats are accusing, as we just heard, Republicans of having 
hateful motives, that this bill codifies a standard set forth by their 
own administration, the Harris-Biden administration. If this language 
is xenophobic, that is an issue that should be taken up with President 
Biden's Commerce Secretary, Gina Raimondo.
  What this language does do is recognize that the Chinese Communist 
Party's influence extends beyond government officials listed on 
government rosters. Its control over its people and economy is less 
transparent than in Western democracies. That boils down to the fact 
that Republicans think it is

[[Page H5209]]

our responsibility to make sure that taxpayer dollars are not being 
sent directly to our adversaries, while Democrats will spare no cost 
forcing everyone to drive an electric vehicle.
  Madam Speaker, I yield such time as he may consume to the gentleman 
from Michigan (Mr. Moolenaar), the chair of the Select Committee on the 
Strategic Competition Between the United States and the Chinese 
Communist Party.
  Mr. MOOLENAAR. Madam Speaker, I rise in support of the End Chinese 
Dominance of Electric Vehicles in America Act of 2024.
  The American people do not want to fund our enemies. The American 
people do not want CCP-affiliated companies setting up shop in their 
towns and neighborhoods. The American people do not want to be held 
hostage to the whims of the Chinese Communist Party's supply of 
critical minerals. Under the current regulations brought about by the 
Inflation Reduction Act, these nightmares have become our reality.
  The End Chinese Dominance of Electric Vehicles in America Act is an 
important start toward this objective. It aligns with the goal of my NO 
GOTION Act, which would end the IRA's subsidies for CCP-affiliated 
companies.
  If we want to encourage American energy innovation, we cannot be 
subsidizing CCP companies at the same time. Funding CCP-aligned 
companies makes the United States weaker and the CCP stronger, and we 
need to end it.
  Mr. KILDEE. Madam Speaker, I yield 4 minutes to the gentleman from 
Texas (Mr. Doggett), a member of the Ways and Means Committee.
  Mr. DOGGETT. Madam Speaker, Republicans are true masters, masters at 
naming bills that do exactly the opposite of what they say they do. 
They sure have the wrong name on this bill. They call it: End Chinese 
Domination Act. It ought to be called the ``guarantee act.'' It 
guarantees Chinese domination, because they are undermining America's 
ability to compete with the Chinese who have dominated this market.
  After listening to their fossilized friends, about the only progress 
that House Republicans have made is that they move from becoming total 
climate deniers to just becoming climate obstructionists. They are just 
here in case someone else decides to do something about the climate, 
and the climate crisis is truly engulfing our world.
  This is the latest Republican bill where America going a little 
greener just seems to make them a little redder because a transition is 
needed here in the United States from an industry we did not have fully 
developed. These inflexible, micromanaging requirements will have the 
opposite effect they say they will intend.
  It will take more than tough talk to stand up to Chinese domination. 
It takes careful American manufacturing and developing it. We don't 
want to cede the world to China and its domination, but all they offer 
is a white flag of surrender to the Chinese, jeopardizing domestic jobs 
and weakening American industry, ensuring that it is China that will 
profit at our expense.
  While Democrats have championed cleaner vehicles, Republicans have 
attempted to throw us into their favorite gear, reverse. They have 
tried to reverse just about everything that we have done to respond to 
the climate crisis.
  We know the transportation sector is so very important because it 
represents about 28 percent of all greenhouse gas emissions. We have 
taken the steps to promote clean vehicles that don't generate these 
emissions with last Congress' historic climate legislation.
  From this summer's suffocating heat, the wildfires, the extreme 
storms, the intense weather, the growing tropical diseases in our area, 
we know the climate crisis is already here. We don't have to sizzle 
further to do something about it, and our clean vehicle credits have 
helped consumers absorb the cost, beginning the transition to a greener 
and renewable future.

  It has helped jump-start our EV industry, leading to more than $175 
billion in new investments in building electric vehicles and creating 
over 100,000 jobs while decreasing emissions. Our investments are 
designed to make our domestic industry and our domestic workers 
competitive in the world.
  Our tax incentives for going green are used to boost American workers 
and build more factories, as is happening right here in the USA.
  This bill that is being offered today would impose impossible 
tracking requirements on battery components and critical minerals. This 
simply is not possible, and it is not necessary. Tracking every screw 
is truly nuts.
  We have reasonable transition rules already in place to enable us to 
make it in America. That is what we need to do. If Republicans undo 
these rules, they will not only jeopardize American manufacturing jobs, 
they will only strengthen China.
  Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, the only time a surrender white flag is waved in this 
country to China is whenever the Democratic Party that is controlled by 
the environmentalists will not allow Americans to use their own 
critical minerals and natural resources in this country for the 
products that we should deliver.
  Banning the opportunity for Americans to be able to mine our own 
critical minerals is what empowers China, is what surrenders the flag 
to China.
  Until the Democratic Party pushes back at the environmentalists that 
control them, the American people will suffer and the Chinese will 
benefit.
  For my colleagues on the other side of the aisle who continue to 
claim that the 2017 tax relief only went to the wealthy, I would like 
to remind them that the Trump tax cuts applied across the board and 
mostly went to individuals and families. In fact, if those tax cuts 
expire next year, 70 percent of the tax increases will fall on 
households earning less than $500,000 a year. Let's contrast this with 
Democrats' green energy welfare.
  Madam Speaker, I include in the Record this analysis from the Joint 
Committee on Taxation showing that big corporations with more than $1 
billion in sales are receiving over 90 percent of special interest 
electricity subsidies like those in the inflation expansion act, which 
Vice President Harris was the tiebreaking vote to become law.

                                    Congress of the United States,


                                  Joint Committee on Taxation,

                                   Washington, DC, March 31, 2023.

                               Memoradum


                  Tentative Energy Credits by Industry

       This memorandum is in response to your request for data on 
     claims for certain energy credits by industry, including 
     credits claimed by management companies. Below we report the 
     tentative claims for credit under Code section 45, the credit 
     for electricity produced from certain renewable resources, 
     and the tentative claims for credit under section 48, the 
     energy investment credit, by C corporations for the 2019 and 
     2020 tax years. The amounts reported are the tentative claims 
     for credit before any limitation that the taxpayer might face 
     and before any audit adjustment that might occur. For each of 
     section 45 and section 48 we report the dollars of credit 
     claimed by industry using the North American Industrial 
     Classification System (``NAICS'') code level. Presenting 
     these data at a finer level of detail potentially would 
     create concerns of disclosure of information specific to 
     taxpayers. For example, for section 45 we removed 2020 data 
     for the wholesale and retail trade industry as the sample 
     size became too limited.

    TENTATIVE SECTION 45 CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
                           RENEWABLE RESOURCES
                          [Millions of dollars]
------------------------------------------------------------------------
                  NAICS Code                     2018     2019     2020
------------------------------------------------------------------------
22 Utilities.................................    1,138      989    1,263
    221100 Electric Power Generation,              571      460      578
     Transmission and Distribution...........
    All other utilities......................      567      529      684
31 Manufacturing.............................      515      266      188
41 Wholesale and Retail Trade................      760      990       na
52 Finance and Insurance.....................      943      877      871
    524 Insurance............................      461      407      420
    All other finance and insurance..........      482      469      451
55 Management of Companies (Holding              1,909    2,880    3,385
 Companies)..................................
    551111 Bank Holding Companies............    1,898    2,839    3,354
    551112 Other Holding Companies...........       11       41       31
All Other Industries.........................      317      318    1,704
        Total................................    5,581    6,319    7,410
------------------------------------------------------------------------


                   TENTATIVE SECTION 48 ENERGY CREDIT
                          [Millions of dollars]
------------------------------------------------------------------------
                  NAICS Code                     2018     2019     2020
------------------------------------------------------------------------
11 Agriculture, Forestry, Fishing, and              13       10       na
 Hunting.....................................
22 Utilities.................................    1,127    1,118    1,191
    221100 Electric Power Generation,              999      906    1,063
     Transmission and Distribution...........
    All other utilities......................      128      212      128
23 Construction..............................       36       67       39
31 Manufacturing.............................      342      245      247
42 Wholesale Trade...........................       81      175      147
44 Retail Trade..............................      271      299      547
52 Finance and Insurance.....................      658      657    1,372
    522110 Commercial Banking................      120       19      202
    522120 Savings Institutions, Credit             31       54       51
     Unions..................................
    524 Insurance............................      403      389      539
    All other finance and insurance..........      104      194      581
53 Real Estate and Rental Leasing............       31       17       20

[[Page H5210]]

 
55 Management of Companies (Holding              2,231    2,749    3,169
 Companies)..................................
    551111 Bank Holding Companies............    2,216    2,729    3,144
    551112 Other Holding Companies...........       15       20       25
All Other Industries.........................      102      187      316
        Total................................    4,891    5,524    7,047
------------------------------------------------------------------------

       We note this analysis is based on income tax returns filed 
     by C corporations where taxpayers report the industry in 
     which they are primarily engaged, identifying the industry by 
     the code numbers established under the NAICS. This is self-
     reported, and the Internal Revenue Service does not 
     necessarily verify the accuracy of the classification stated 
     by the taxpayer.


                           DISTRIBUTION DATA

       This memorandum is in response to your request of March 28, 
     2023, for data on the distribution of claims for certain 
     energy credits by the gross receipts of the taxpayer. Below 
     we report the tentative claims for credit under Code section 
     45, the credit for electricity produced from certain 
     renewable resources, and the tentative claims for credit 
     under section 48, the energy investment credit, by C 
     corporations for the 2019 tax year and 2020 tax year. The 
     amounts reported are the tentative claims for credit before 
     any limitation that the taxpayer might face and before any 
     audit adjustment that might occur. For each of section 45 and 
     section 48 we report the dollars of credit claimed 
     categorized by gross receipts reported on line 1c of Form 
     1120, U.S. Corporation Income Tax Return.

    TENTATIVE SECTION 45 CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
                           RENEWABLE RESOURCES
             [Tax years 2019 and 2020, millions of dollars]
------------------------------------------------------------------------
                                      2019                  2020
                             -------------------------------------------
   Gross Receipts Category     Amount                Amount
                                 of     Percentage     of     Percentage
                               Credit     Share      Credit     Share
------------------------------------------------------------------------
Less than $1 billion........      349         5.5%      231         3.1%
$1 billion-$25 billion......    2,538        40.2%    2,560        34.6%
More than $25 billion.......    3,432        54.3%    4,619        62.3%
-----------------------------
    Total...................    6,319       100.0%    7,409       100.0%
------------------------------------------------------------------------


                   TENTATIVE SECTION 48 ENERGY CREDIT
             [Tax years 2019 and 2020, millions of dollars]
------------------------------------------------------------------------
                                      2019                  2020
                             -------------------------------------------
   Gross Receipts Category     Amount                Amount
                                 of     Percentage     of     Percentage
                               Credit     Share      Credit     Share
------------------------------------------------------------------------
Less than $1 billion........      571        10.3%      558         7.9%
$1 billion-$25 billion......    2,731        49.4%    2,740        38.9%
More than $25 billion.......    2,222        40.2%    3,748        53.2%
-----------------------------
    Total...................    5,524       100.0%    7,047       100.0%
------------------------------------------------------------------------
Note: Details may not sum to totals due to rounding.

  Mr. SMITH of Missouri. Madam Speaker, big banks received three times 
more benefits from these tax credits than any other industry.
  Madam Speaker, I yield such time as she may consume to the 
gentlewoman from New York (Ms. Tenney).
  Ms. TENNEY. Madam Speaker, I thank the chairman for clarifying some 
of those very important facts.
  I rise in strong support of Congresswoman Carol Miller's H.R. 7980, 
the End Chinese Dominance of Electric Vehicles in America Act, which I 
was pleased to support when it passed out of the Ways and Means 
Committee this April.
  The bill addresses a significant oversight in the implementation of 
electric vehicle subsidies under the so-called Inflation Reduction Act. 
Let's also call it the Green New Deal, as many Democrats called it 
before it was even passed and signed into law.
  Carol Miller's bill, H.R. 7980, ensures that taxpayer dollars aren't 
used to subsidize the Chinese Communist Party, as they are in the 
Democrat's Green New Deal. The Biden-Harris administration failed in 
its implementation and opened the door for Chinese state enterprises to 
exploit these subsidies, undermining our national security and our 
economic interests all across the Nation.
  The Treasury's lenient regulations enable individuals and companies 
with indirect ties to the Chinese Communist Party to access our 
taxpayer-funded subsidies meant for American innovation and jobs in 
American businesses.
  This bill, Carol Miller's bill, closes two critical loopholes.
  First, the billionaire loophole, which allows wealthy Chinese 
businessowners to benefit from U.S. tax credits if they invest in 
American EV projects, will be eliminated under Carol Miller's bill.
  Second, the Chinese manufacturing loophole will be closed, stopping 
China and the Chinese Communist Party from using its dominance in the 
battery supply chain to qualify for electric vehicle credits.
  By supporting this bill, we take an important step in safeguarding 
American manufacturers, closing loopholes that benefit our adversaries, 
and standing firm against the Chinese Communist Party's influence and 
ability to dominate the American market.
  It is time for Congress to address the issues created by the Biden-
Harris administration and keep American tax dollars out of the hands of 
the Chinese Communist Party.
  Madam Speaker, I urge my colleagues to support this vital act to 
safeguard American taxpayers, American innovation, and workers in 
America and stand up for American innovation and technological 
independence.
  Mr. KILDEE. Madam Speaker, I yield 5 minutes to the gentlewoman from 
Michigan (Mrs. Dingell), who has been a leader on all issues related to 
the auto sector and has been a great partner as a member of the Energy 
and Commerce Committee to myself and on the Ways and Means Committee in 
promoting electric vehicles, allowing America to reclaim its 
manufacturing heritage.
  Mrs. DINGELL. Madam Speaker, I thank my dear friend from Michigan, 
who has been a partner on all of these issues.
  Madam Speaker, I rise today in very strong opposition to H.R. 7980, 
the so-called End Chinese Dominance of Electric Vehicles in America 
Act. This bill will not end Chinese electric vehicle dominance. In 
reality, it will ensure it.
  The Inflation Reduction Act's 30D tax credit was designed to level 
the playing field for American autoworkers who faced fierce competition 
from very heavily subsidized Chinese competitors. However, what this 
bill would effectively do is eliminate this vital tool, making it 
harder for American companies to compete.
  Instead of promoting American innovation and creating jobs in this 
country, this bill would push companies to import more batteries from 
Chinese suppliers.

                              {time}  0945

  H.R. 7980 would lead to American job losses, and it would have a 
ripple effect throughout the economy. It would impact suppliers, 
manufacturers, and our domestic autoworkers throughout communities that 
rely on our domestic auto industry.
  I will read a tweet from United Auto Workers this morning: ``The 
House GOP is going after nearly 2,000 battery manufacturing jobs in 
Michigan''--Mr. Kildee is in my home State--``that we negotiated under 
our master agreement. We urge a no vote on H.R. 7980. Don't get 
distracted by their rhetoric and don't take the bait. This bill is an 
attack on good union jobs in the United States, and we're not going to 
stand for it.''
  That is the UAW, who wants those jobs here in the United States of 
America, not China.
  If this bill passes, it will kill good-paying union auto 
manufacturing and building trade jobs here. This bill would undermine 
the United States' ability to compete in the global EV market, and it 
blatantly ignores the fact that American automakers are already 
diversifying their supply chains and reducing their reliance on China.
  I remind my colleagues: I am not old, but I am seasoned. I was a 
child in the 1970s, but I remember when the domestic auto industry was 
caught flatfooted. The key to the American auto industry being 
competitive is we are competing in a global marketplace, not just here.
  The global marketplace is demanding EVs. In the 1970s, the domestic 
auto industry wasn't ready for small-car vehicles when gasoline prices 
went up, and we lost a decade. We closed small towns in our State. We 
have never recovered. Those jobs have never come back.
  Madam Speaker, I am committed with my colleagues in Michigan to 
keeping our industry competitive in a global marketplace. We cannot 
make that mistake again. This time, we must be ready to innovate and do 
so in a competitive way.
  Republicans want to ship our jobs overseas. I want them home, here in 
this country. Democrats fight every day to ensure our jobs stay in our 
communities and invest in America.
  At the end of the day, the bill hurts everyday Americans who support 
and have benefited the most from the IRA's historic domestic 
investments.
  For this reason, at the appropriate time, I will offer a motion to 
recommit

[[Page H5211]]

this bill back to committee. If the House rules permitted, which it did 
not, I would have offered the motion with an important amendment to 
this bill.
  My amendment assures that certain investments made in reliance upon 
the rules and regulations promulgated under the Inflation Reduction Act 
are not undercut by Congress changing the rules.
  This amendment ensures that these crucial projects that made 
significant investments upon the enactment of the Inflation Reduction 
Act will continue to operate to produce EV batteries and electric 
vehicles here in this country and that the jobs that these investments 
have brought to the districts in which they are located won't be lost 
to foreign manufacturers.
  We want them here. I want them built by American autoworkers; not 
subsidized by China, who wants to dominate us.
  Madam Speaker, I ask unanimous consent to include in the Record the 
text of this amendment immediately prior to the vote on the motion to 
recommit.
  The SPEAKER pro tempore (Mr. Weber of Texas). Is there objection to 
the request of the gentlewoman from Michigan?
  There was no objection.
  Mrs. DINGELL. Mr. Speaker, I hope my colleagues will join me in 
voting for this motion to recommit.
  Mr. SMITH of Missouri. Mr. Speaker, I yield myself such time as I may 
consume.
  I could not disagree more with the prior comments. In fact, the best 
way to define my opinion of the prior comments would be to justify 
something we use where I come from. I come from the Ozark Hills, and we 
refer to that as hogwash because this bill right here will actually 
protect American autoworkers instead of Chinese autoworkers.
  It is delusional to think any other thing because, if you are 
subsidizing the Chinese and not the American resources, the American 
manufacturer and the American worker lose.
  Mr. Speaker, since the prior speaker is actually from the State of 
Michigan and Michigan has had a lot of conversations about a company 
that is coming in called CATL, that is a Chinese battery company that 
has partnered with Ford. They partnered with Ford, even though it is a 
Chinese battery company, to get these resources.
  Mr. Speaker, I include in the Record this article reporting that the 
founder of CATL, that leading Chinese battery company, said: ``CATL's 
partnership with Ford Motor on an electric vehicle battery plant in the 
U.S.,'' which is in Michigan, ``will not be affected by the White 
House's new rules on Chinese involvement in such projects.''
  He also continued in this and said: ``The plant structure was 
designed under the definition of the foreign entity of concern, so 
there will be no impact''--that there will be no impact--``on further 
implementation.''
  With these EV handouts, China wins, and the American manufacturer and 
the American worker lose.

                    [From Nikkei Asia, Dec. 7, 2023]

     CATL Says Ford Project on Track Despite New U.S. Battery Rules

                   (CISSY ZHOU, Nikkei staff writer)

       Hong Kong--CATL's partnership with Ford Motor on an 
     electric vehicle battery plant in the U.S. will not be 
     affected by the White House's new rules on Chinese 
     involvement in such projects, Zeng Yuqun, the founder of the 
     Chinese battery giant, told Nikkei Asia.
       ``The plant structure was designed under the definition of 
     the foreign entity of concern (FEOC), so there will be no 
     impact on further implementation,'' Zeng said.
       In February, Ford announced it would start producing low-
     cost lithium-ion batteries by 2026 at its plant in Michigan 
     using technology licensed from CATL, the world's biggest 
     maker of EV batteries.
       The move has drawn fire from U.S. lawmakers over concerns 
     that American subsidies and grants under the U.S. Inflation 
     Reduction Act and the Bipartisan Infrastructure Law would 
     flow to a Chinese entity.
       Last week, the Biden administration proposed new guidelines 
     regarding a concept known as a foreign entity of concern 
     (FEOC). The guidelines are aimed at addressing what 
     Washington sees as America's overreliance on EV batteries 
     manufactured in China--a powerhouse in the field, commanding 
     significant control of various parts of the supply chain. Six 
     of the world's 10 largest EV battery manufacturers are 
     Chinese.
       Under the new rules, which take effect in January, a joint 
     venture would be classified as an FEOC if a company from one 
     of four designated countries--China, Iran, North Korea and 
     Russia--holds a stake of 25 percent or more, or if a company 
     entered into a licensing agreement with another entity that 
     entitles the latter to exercise ``effective control'' over 
     the production of the battery components. An FEOC would be 
     ineligible for tax credits and grants.
       CATL, meanwhile, is continuing its research and development 
     push. On Thursday, it announced plans to establish its 
     international headquarters in Hong Kong and to set up an R&D 
     center in the city. The company currently has more than 
     18,000 researchers and over 22,000 patents, a number that is 
     increasing by more than 7,000 each year, according to Zeng.
       The investment will be worth over 1 billion Hong Kong 
     dollars ($128 million) and create more than 500 jobs, 
     according to Hong Kong Financial Secretary Paul Chan.
       With a global market share of 37 percent, CATL supplies 
     batteries to major automakers including Tesla, Volkswagen, 
     BMW and Nissan Motor.
       Zeng, the founder, said CATL will intensify its development 
     efforts, particularly by establishing a strong R&D center in 
     Hong Kong. The products generated by the R&D center will be 
     patented, and CATL will license these patents for a fee. 
     Additionally, it can provide services to outside companies 
     for a fee, according to Zeng.
  Mr. SMITH of Missouri. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Texas (Mr. Williams), the chair of the 
Small Business Committee.
  Mr. WILLIAMS of Texas. Mr. Speaker, I rise today in support of H.R. 
7980 to end the dangerous Chinese dominance of electric vehicles in 
America.
  Mr. Speaker, EVs are inefficient, they are expensive, and they are 
totally unreliable. For 4 years, this administration has pushed this 
phony industry, forcing these cars on the American people and the 
American car dealer and furthering their China-first, America-last 
agenda.
  I can say firsthand because I am the expert in this room on the car 
business. I sold my first car in 1971. I have been a car dealer for 52 
years. I still have my car dealerships, and I can say the demand for 
electric vehicles simply is not there among Americans.
  No one is buying them. I repeat: No one is buying them. The 
Democrats' irresponsible Inflation Reduction Act provided EV tax 
credits with lenient FEOC rules, which allows Chinese companies to 
benefit and be eligible for these EV tax credits.
  This is why we need to pass the End Chinese Dominance of Electric 
Vehicles in America Act, to close these loopholes and to prevent China 
from recovering tax credits funded by the American taxpayer.
  When taxpayer dollars are spent, they should be used to invest in 
American businesses. That is a new concept. Let's invest in America. 
Let's invest in the American worker. Quality manufacturing comes from 
that, not to line the pockets of the CCP.
  Mr. Speaker, again, I feel like I am the expert in this. We need to 
get right and side with America for a change.
  Mr. Speaker, I urge my colleagues to stand with the American people 
and vote in favor of H.R. 7980 to ensure taxpayer dollars don't go to 
Chinese billionaires and manufacturing companies.
  In God we trust.
  Mr. KILDEE. Mr. Speaker, I yield myself the balance of my time to 
close.
  Mr. Speaker, as Members have heard, the electric vehicle tax credit 
is helping the U.S. compete with China, lowering our costs for our 
consumers, making sure that we can continue to make those vehicles here 
in America with American workers.
  As my colleague from Michigan (Mrs. Dingell) pointed out, history 
doesn't repeat itself but it rhymes. It was in the early 1970s that the 
U.S. auto industry and the U.S. economy failed to see the future, 
failed to embrace it. We lost market share, from which we have not ever 
quite recovered. We can't let that happen again.
  The legislation before us would reverse the progress that we have 
made in competing with what has been Chinese dominance of electric 
vehicles. We have created American jobs. We have created American 
investments throughout our supply chain. This legislation would make it 
harder for us to compete with China.
  Mr. Speaker, the Democrats and Republicans have stood together in the 
past on a bipartisan basis to stand up to China, to protect U.S. 
manufacturing from unfair trade practices. Of course, our historic work 
on the Uyghur Forced Labor Prevention Act ensures the products made in 
Xinjiang

[[Page H5212]]

with forced labor don't enter our markets and undermine American 
workers.
  Just listening to the speakers, particularly the last speaker, we 
know what is going on here because it was now said out loud. Members on 
the other side of the aisle oppose not just electric vehicle tax 
credits, but Republicans oppose electric vehicles entirely. If 
Republicans don't want to buy an electric vehicle and if an American 
doesn't want to buy an electric vehicle, don't buy it. Let's not cede 
the future to China.
  We hear a lot from folks who don't live and work among the people, 
whose jobs and lives depend on U.S. manufacturing. The practical effect 
of this legislation is to do what the majority has now said Republicans 
want to do, and that is end electric vehicle manufacturing in America.
  What does that mean? It means China will build those vehicles. We 
have seen this before. We saw it in the early 1970s when we put our 
heads in the sand and decided that we could just dictate that everyone 
had to buy an American car rather than rolling up our sleeves and doing 
what we have to do to compete.
  We don't want to have that happen again. China will win the electric 
vehicle war, will win the market if, in fact, we allow this legislation 
to become law.
  The legislation that has been proposed is opposed by American 
companies, is opposed by American workers, as Mrs. Dingell just pointed 
out, because they know that this strengthens China's hand.
  Mr. Speaker, the other point I make, which I made reference to 
earlier, is my Republican colleagues have scoured the tax code. The 
majority did it in 2017. I find it interesting. When my colleagues on 
the other side of the aisle looked at the EV tax credits back then, the 
majority didn't put an income cap on what Americans would qualify. 
Republicans allowed millionaires to qualify for the electric vehicle 
tax credit.

  We said ``no'' to that. We included an income cap.
  Republicans allowed the highest-priced luxury electric vehicles to 
qualify for the credit. We said ``no.'' We are going to put an MSRP cap 
so that moderately priced vehicles would benefit largely from the 
credit.
  Most interestingly, when Republicans scoured the tax code to find 
anything that the majority wanted to change, my colleagues on the other 
side of the aisle didn't even include any restriction on the sourcing 
of any component of an electric vehicle from the People's Republic of 
China.
  Under their tax policy in 2017, an electric vehicle tax credit could 
apply to a vehicle that had 100 percent of its battery fully 
constructed in China. We said ``no,'' and we developed a policy to 
transition us to American production and sourcing from American 
companies or our friends and allies.
  Mr. Speaker, this bill does not reduce our dependence on Chinese 
vehicles. It increases our dependence on that. It is a partisan attempt 
to undermine the work that we have done to bring those manufacturing 
jobs back here. It will make it harder for us to compete against China. 
It makes it more difficult for us to secure our supply chains. It would 
raise taxes on hardworking families.
  Mr. Speaker, this bill is the wrong direction for American workers, 
for American consumers, for our economy. American industry opposes it. 
American workers oppose it. I oppose it. I urge my colleagues to oppose 
it, as well.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of Missouri. Mr. Speaker, I yield myself the balance of my 
time to close.
  Mr. Speaker, Congress has a choice to make today: Do we stand with 
America's taxpayers, or do we follow the lead of the Harris-Biden 
administration and stand with the Chinese Communist Party? This bill 
will undo and block harmful policies that allow Chinese billionaires 
and manufacturers to pocket American taxpayer money.

                              {time}  1000

  We wouldn't have to be here today, stopping China from taking that 
money, if Vice President Harris had not chosen to cast the tiebreaking 
vote for the inflation expansion act. It significantly expanded tax 
credits for luxury vehicles and has been implemented to allow for 
loopholes and giveaways so that foreign entities of concern, along with 
the wealthy and the well-connected, are the ones who are benefiting.
  For decades, China has used every morally and ethically questionable 
tool in its toolbox, including illegal practices, to gain an unfair 
advantage in key industries. It is doing the same exact thing with 
electric vehicles today.
  Yet, the Biden-Harris administration thinks American taxpayers owe 
China a helping hand. Workers in auto factories, battery plants, miners 
in idle critical mineral mines, and everyday taxpayers will be the ones 
who pay the price, Mr. Speaker.
  I hope that my colleagues on the other side of the aisle will join us 
in standing up for American workers, American manufacturers, and 
American taxpayers and vote ``yes.''
  In the end, we are asking you to vote for what you said you were 
voting for in your own law just 2 years ago in the inflation expansion 
act. To do otherwise is to keep putting more taxpayer money into the 
pockets, Mr. Speaker, of Chinese billionaires and the Chinese Communist 
Party.
  Mr. Speaker, I urge all my colleagues to vote ``yes'' on this 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 1430, the previous question is ordered 
on the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mrs. DINGELL. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mrs. Dingell of Michigan moves to recommit the bill H.R. 
     7980 to the Committee on Ways and Means.

  The material previously referred to by Mrs. Dingell is as follows:

       Mrs. Dingell moves to recommit the bill H.R. 7980 to the 
     Committee on Ways and Means with instructions to report the 
     same back to the House forthwith, with the following 
     amendment:
       At the end of section 2, add the following:
       (c) Exception for Certain Newly Operational, Under 
     Construction, or Planned, Projects.--Notwithstanding 
     subsection (b), the amendment made by this section shall not 
     apply with respect to any battery produced, or vehicle 
     manufactured, at any of the following projects:
       (1) The project of Nanotech Energy located at 311 Otterson 
     Dr., Suite 60, Chico, CA 95928.
       (2) The project of Harbinger Motors located at 12821 Knott 
     St., Garden Grove, CA 92841.
       (3) The project of Hyundai Motor Group, LGES located at 
     10484 US-280, Ellabell, GA 31308.
       (4) The project of Soulbrain MI located at 2141 N. Touby 
     Pike, Kokomo, IN 46901.
       (5) The project of Toyota Material Handling located at 5559 
     Inwood Dr., Columbus, IN 47201.
       (6) The project of Tesla Inc., Panasonic Corp. located at 
     Electric Avenue, Sparks, NV 89434.
       (7) The project of Tesla located at Electric Avenue, 
     Sparks, NV 89434.
       (8) The project of Aqua Metals located at 5370 Kietzke Ln, 
     Reno, NV 89511.
       (9) The project of Cirba Solutions located at 512 Hocking 
     St., Lancaster, OH 43130.
       (10) The project of Grob Systems located at 1070 Navajo 
     Dr., Bluffton, OH 45817.

  The SPEAKER pro tempore. Pursuant to clause 2(b) of rule XIX, the 
previous question is ordered on the motion to recommit.
  The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mrs. DINGELL. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--yeas 195, 
nays 210, not voting 26, as follows:

                             [Roll No. 416]

                               YEAS--195

     Adams
     Aguilar
     Allred
     Amo
     Auchincloss
     Balint
     Barragan
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bowman
     Boyle (PA)
     Brown
     Budzinski

[[Page H5213]]


     Bush
     Caraveo
     Carbajal
     Cardenas
     Carson
     Carter (LA)
     Cartwright
     Casar
     Case
     Casten
     Castor (FL)
     Castro (TX)
     Cherfilus-McCormick
     Chu
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Connolly
     Correa
     Costa
     Courtney
     Craig
     Crockett
     Crow
     Cuellar
     Davids (KS)
     Davis (IL)
     Davis (NC)
     Dean (PA)
     DeGette
     DeLauro
     DelBene
     Deluzio
     DeSaulnier
     Dingell
     Doggett
     Escobar
     Eshoo
     Espaillat
     Fletcher
     Foster
     Foushee
     Frankel, Lois
     Frost
     Garcia (IL)
     Garcia (TX)
     Garcia, Robert
     Golden (ME)
     Goldman (NY)
     Gomez
     Gonzalez, V.
     Gottheimer
     Green, Al (TX)
     Harder (CA)
     Hayes
     Himes
     Horsford
     Houlahan
     Hoyer
     Hoyle (OR)
     Huffman
     Ivey
     Jackson (IL)
     Jackson (NC)
     Jacobs
     Jeffries
     Johnson (GA)
     Kamlager-Dove
     Kaptur
     Kelly (IL)
     Kennedy
     Khanna
     Kildee
     Kilmer
     Kim (NJ)
     Krishnamoorthi
     Kuster
     Landsman
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Lee (NV)
     Lee (PA)
     Leger Fernandez
     Levin
     Lieu
     Lofgren
     Lynch
     Magaziner
     Manning
     Matsui
     McBath
     McClellan
     McCollum
     McGarvey
     McGovern
     Meeks
     Menendez
     Meng
     Morelle
     Moskowitz
     Moulton
     Mrvan
     Mullin
     Nadler
     Napolitano
     Neal
     Neguse
     Nickel
     Norcross
     Ocasio-Cortez
     Omar
     Panetta
     Pappas
     Pelosi
     Perez
     Peters
     Pettersen
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Ramirez
     Raskin
     Ross
     Ruiz
     Ruppersberger
     Ryan
     Salinas
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Scholten
     Schrier
     Scott (VA)
     Scott, David
     Sewell
     Sherman
     Sherrill
     Slotkin
     Smith (WA)
     Sorensen
     Soto
     Spanberger
     Stansbury
     Stanton
     Stevens
     Strickland
     Suozzi
     Swalwell
     Sykes
     Takano
     Thanedar
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tokuda
     Tonko
     Torres (CA)
     Torres (NY)
     Trahan
     Underwood
     Vargas
     Vasquez
     Veasey
     Velazquez
     Wasserman Schultz
     Watson Coleman
     Wild
     Wilson (FL)

                               NAYS--210

     Aderholt
     Alford
     Allen
     Amodei
     Armstrong
     Arrington
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bean (FL)
     Bentz
     Bergman
     Bice
     Biggs
     Bilirakis
     Bishop (NC)
     Boebert
     Bost
     Brecheen
     Buchanan
     Bucshon
     Burchett
     Burgess
     Burlison
     Calvert
     Cammack
     Carey
     Carl
     Carter (GA)
     Carter (TX)
     Chavez-DeRemer
     Ciscomani
     Cline
     Cloud
     Clyde
     Cole
     Collins
     Comer
     Crane
     Crawford
     Curtis
     D'Esposito
     Davidson
     De La Cruz
     Diaz-Balart
     Donalds
     Duarte
     Duncan
     Dunn (FL)
     Edwards
     Ellzey
     Emmer
     Estes
     Ezell
     Fallon
     Feenstra
     Finstad
     Fischbach
     Fitzgerald
     Fitzpatrick
     Fleischmann
     Flood
     Fong
     Foxx
     Franklin, Scott
     Fry
     Fulcher
     Gaetz
     Garcia, Mike
     Gimenez
     Gonzales, Tony
     Good (VA)
     Gooden (TX)
     Gosar
     Graves (MO)
     Green (TN)
     Griffith
     Grothman
     Guest
     Guthrie
     Hageman
     Harris
     Harshbarger
     Hern
     Higgins (LA)
     Hill
     Hinson
     Houchin
     Hudson
     Huizenga
     Hunt
     Issa
     Jackson (TX)
     James
     Johnson (LA)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Kean (NJ)
     Kelly (MS)
     Kelly (PA)
     Kiggans (VA)
     Kiley
     Kim (CA)
     Kustoff
     LaHood
     LaLota
     LaMalfa
     Lamborn
     Langworthy
     Latta
     LaTurner
     Lawler
     Lee (FL)
     Lesko
     Letlow
     Lopez
     Loudermilk
     Lucas
     Luetkemeyer
     Luna
     Luttrell
     Mace
     Malliotakis
     Maloy
     Mann
     Massie
     Mast
     McCaul
     McClain
     McClintock
     McCormick
     McHenry
     Miller (IL)
     Miller (OH)
     Miller (WV)
     Miller-Meeks
     Mills
     Molinaro
     Moolenaar
     Mooney
     Moore (AL)
     Moore (UT)
     Moran
     Murphy
     Nehls
     Newhouse
     Norman
     Nunn (IA)
     Obernolte
     Ogles
     Owens
     Palmer
     Pence
     Perry
     Pfluger
     Posey
     Reschenthaler
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Rose
     Rosendale
     Rouzer
     Roy
     Rulli
     Rutherford
     Scalise
     Schweikert
     Scott, Austin
     Self
     Sessions
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spartz
     Stauber
     Steel
     Stefanik
     Steil
     Steube
     Strong
     Tenney
     Thompson (PA)
     Tiffany
     Timmons
     Turner
     Valadao
     Van Drew
     Van Duyne
     Van Orden
     Wagner
     Walberg
     Waltz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams (NY)
     Williams (TX)
     Wittman
     Womack
     Yakym
     Zinke

                             NOT VOTING--26

     Brownley
     Crenshaw
     DesJarlais
     Evans
     Ferguson
     Gallego
     Garamendi
     Garbarino
     Granger
     Graves (LA)
     Greene (GA)
     Grijalva
     Jayapal
     Keating
     Meuser
     Mfume
     Moore (WI)
     Pallone
     Peltola
     Quigley
     Salazar
     Trone
     Waters
     Wexton
     Williams (GA)
     Wilson (SC)

                              {time}  1031

  Messrs. BERGMAN, DUARTE, CALVERT, WALTZ, Mrs. MILLER of Illinois, 
Messrs. BANKS and VAN DREW changed their vote from ``yea'' to ``nay.''
  Mr. KRISHNAMOORTHI changed his vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. KILDEE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 217, 
nays 192, not voting 22, as follows:

                             [Roll No. 417]

                               YEAS--217

     Aderholt
     Alford
     Allen
     Amodei
     Armstrong
     Arrington
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bean (FL)
     Bentz
     Bergman
     Bice
     Biggs
     Bilirakis
     Bishop (NC)
     Boebert
     Bost
     Brecheen
     Buchanan
     Bucshon
     Burchett
     Burgess
     Burlison
     Calvert
     Cammack
     Caraveo
     Carey
     Carl
     Carter (GA)
     Carter (TX)
     Chavez-DeRemer
     Ciscomani
     Cline
     Cloud
     Clyde
     Cole
     Collins
     Comer
     Crane
     Crawford
     Cuellar
     Curtis
     D'Esposito
     Davidson
     Davis (NC)
     De La Cruz
     Diaz-Balart
     Donalds
     Duarte
     Duncan
     Dunn (FL)
     Edwards
     Ellzey
     Emmer
     Estes
     Ezell
     Fallon
     Feenstra
     Finstad
     Fischbach
     Fitzgerald
     Fitzpatrick
     Fleischmann
     Flood
     Fong
     Foxx
     Franklin, Scott
     Fry
     Fulcher
     Gaetz
     Garcia, Mike
     Gimenez
     Golden (ME)
     Gonzales, Tony
     Gonzalez, V.
     Good (VA)
     Gooden (TX)
     Gosar
     Graves (MO)
     Green (TN)
     Greene (GA)
     Griffith
     Grothman
     Guest
     Guthrie
     Hageman
     Harris
     Harshbarger
     Hern
     Higgins (LA)
     Hill
     Hinson
     Houchin
     Hudson
     Huizenga
     Hunt
     Issa
     Jackson (TX)
     James
     Johnson (LA)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Kean (NJ)
     Kelly (MS)
     Kelly (PA)
     Kiggans (VA)
     Kiley
     Kim (CA)
     Kustoff
     LaHood
     LaLota
     LaMalfa
     Lamborn
     Langworthy
     Latta
     LaTurner
     Lawler
     Lee (FL)
     Lesko
     Letlow
     Lopez
     Loudermilk
     Lucas
     Luetkemeyer
     Luna
     Luttrell
     Mace
     Malliotakis
     Maloy
     Mann
     Massie
     Mast
     McClain
     McClintock
     McCormick
     McHenry
     Meuser
     Miller (IL)
     Miller (OH)
     Miller (WV)
     Miller-Meeks
     Mills
     Molinaro
     Moolenaar
     Mooney
     Moore (AL)
     Moore (UT)
     Moran
     Murphy
     Nehls
     Newhouse
     Norman
     Nunn (IA)
     Obernolte
     Ogles
     Owens
     Palmer
     Pence
     Perez
     Perry
     Pfluger
     Posey
     Reschenthaler
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Rose
     Rosendale
     Rouzer
     Roy
     Rulli
     Rutherford
     Scalise
     Schweikert
     Scott, Austin
     Scott, David
     Self
     Sessions
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spartz
     Stauber
     Steel
     Stefanik
     Steil
     Steube
     Strong
     Tenney
     Thompson (PA)
     Tiffany
     Timmons
     Turner
     Valadao
     Van Drew
     Van Duyne
     Van Orden
     Wagner
     Walberg
     Waltz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams (NY)
     Williams (TX)
     Wittman
     Womack
     Yakym
     Zinke

                               NAYS--192

     Adams
     Aguilar
     Allred
     Amo
     Auchincloss
     Balint
     Barragan
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bowman
     Boyle (PA)
     Brown
     Budzinski
     Bush
     Carbajal
     Cardenas
     Carson
     Carter (LA)
     Cartwright
     Casar
     Case
     Casten
     Castor (FL)
     Castro (TX)
     Cherfilus-McCormick
     Chu
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Connolly
     Correa
     Costa
     Courtney
     Craig
     Crockett
     Crow
     Davids (KS)
     Davis (IL)
     Dean (PA)
     DeGette
     DeLauro
     DelBene
     Deluzio
     DeSaulnier
     Dingell
     Doggett
     Escobar
     Eshoo
     Espaillat
     Fletcher
     Foster
     Foushee
     Frankel, Lois
     Frost
     Garcia (IL)
     Garcia (TX)
     Garcia, Robert
     Goldman (NY)
     Gomez
     Gottheimer
     Green, Al (TX)
     Harder (CA)
     Hayes
     Himes
     Horsford
     Houlahan
     Hoyer
     Hoyle (OR)
     Huffman
     Ivey
     Jackson (IL)
     Jackson (NC)
     Jacobs
     Jeffries
     Johnson (GA)
     Kamlager-Dove
     Kaptur
     Kelly (IL)
     Kennedy
     Khanna
     Kildee
     Kilmer
     Kim (NJ)
     Krishnamoorthi
     Kuster
     Landsman
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Lee (NV)
     Lee (PA)
     Leger Fernandez
     Levin
     Lieu
     Lofgren
     Lynch
     Magaziner
     Manning
     Matsui
     McBath
     McClellan
     McCollum
     McGarvey
     McGovern
     Meeks
     Menendez
     Meng
     Mfume
     Moore (WI)
     Morelle
     Moskowitz
     Moulton
     Mrvan
     Mullin
     Nadler
     Napolitano
     Neal
     Neguse
     Nickel
     Norcross
     Ocasio-Cortez

[[Page H5214]]


     Omar
     Pallone
     Panetta
     Pappas
     Pelosi
     Peters
     Pettersen
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Ramirez
     Raskin
     Ross
     Ruiz
     Ruppersberger
     Ryan
     Salinas
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Scholten
     Schrier
     Scott (VA)
     Sewell
     Sherman
     Sherrill
     Slotkin
     Smith (WA)
     Sorensen
     Soto
     Spanberger
     Stansbury
     Stanton
     Stevens
     Strickland
     Suozzi
     Swalwell
     Sykes
     Takano
     Thanedar
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tokuda
     Tonko
     Torres (CA)
     Torres (NY)
     Trahan
     Underwood
     Vargas
     Vasquez
     Veasey
     Velazquez
     Wasserman Schultz
     Waters
     Watson Coleman
     Wild
     Williams (GA)

                             NOT VOTING--22

     Babin
     Brownley
     Crenshaw
     DesJarlais
     Evans
     Ferguson
     Gallego
     Garamendi
     Garbarino
     Granger
     Graves (LA)
     Grijalva
     Jayapal
     Keating
     McCaul
     Peltola
     Quigley
     Salazar
     Trone
     Wexton
     Wilson (FL)
     Wilson (SC)

                              {time}  1040

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.


                          PERSONAL EXPLANATION

  Mr. GRAVES of Louisiana. Mr. Speaker, Hurricane Francine preparation, 
response, and recovery efforts require my presence in south Louisiana, 
causing me to miss the vote series today. Had I been present, I would 
have voted NAY on Roll Call No. 416 and YEA on Roll Call No. 417.


                          Personal Explanation

  Mr. WILSON of South Carolina. Mr. Speaker, I was otherwise detained 
seeking medical attention after taking ill. Had I been present, I would 
have voted NAY on Roll Call No. 416 and YEA on Roll Call No. 417.

                          ____________________