S.Amdt. 5363

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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