S.Amdt. 5361

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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