,,ii #aahth ,,congress #ast ,session ,s4 #ccig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #e1 #bjbc,mr4 ,rubio 7for himself1 ,mr4 ,vance1 and ,mr4 ,schmitt7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to establish requirements for the clean vehicle credit and the qualifying advanced energy project credit to prevent offshoring by manufacturers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,putting ,american ,autoworkers ,first ,act of #bjbc4 #b4 ,exclusion of offshoring manufacturers under clean vehicle credit 7a7 ,in general ,section #cj;,d7d77#c7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 1 and 7#b7 by adding at the end the following3 7,b7 ,offshoring exclusion 7i7 ,in general ,the term qualified manufacturer shall not include any manufacturer 7as defined in subparagraph 7,a77 which1 during the applicable period-- 7,i7 with respect to the manufacturer or any subsidiary of such manufacturer-- 7aa7 moves any production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle outside of the ,united ,states1 or 7bb7 reduces or eliminates production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle in the ,united ,states and subsequently obtains any such vehicle or part from a producer or manufacturer located outside of the ,united ,states1 or 7,,ii7 fails to satisfy the requirements described in clause 7iii74 7ii7 ,applicable period ,for purposes of this subparagraph1 the term applicable period means the period-- 7,i7 beginning on the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and 7,,ii7 ending on the date which is #aj years after the date on which the written agreement with the ,secretary described in subparagraph 7,a7 has been terminated4 7iii7 ,reporting ,not later than #a year after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and annually thereafter during the applicable period1 any manufacturer which has entered into a written agreement with the ,secretary described in subparagraph 7,a7 shall provide the ,secretary with such information as the ,secretary may require to demonstrate that such manufacturer 7including any subsidiaries7 has not moved1 reduced1 or eliminated any production1 manufacturing1 or final assembly in a manner described in clause 7i77,i74 7iv7 ,penalty 7,i7 ,in general ,in the case of any manufacturer which1 during the applicable period1 has moved1 reduced1 or eliminated any production1 manufacturing1 or final assembly in a manner described in clause 7i77,i71 such manufacturer shall pay to the ,secretary a penalty in an amount equal to the total amount of credits allowed under this section with respect to any new clean vehicles manufactured by such manufacturer during the applicable period4 7,,ii7 ,period of payment ,any penalty imposed pursuant to subclause 7,i7 shall be paid by the manufacturer to the ,secretary over such period as is determined appropriate by the ,secretary4 7v7 ,rule of construction ,in the case of any manufacturer which1 as determined by the ,secretary1 has failed to satisfy the requirements under subclause 7,i7 or 7,,ii7 of clause 7i7 during the applicable period1 such determination shall have no effect with respect to any vehicle sold before the date of such determination for purposes of determining whether such vehicle satisfies the requirement under paragraph 7#a77;,c74 4 7b7 ,application of penalties to other credits 7#a7 ,previously-owned clean vehicles ,section #be;,e of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by redesignating subsection 7g7 7as redesignated by section #acdjb7;b7 of ,public ,law #aag-afi7 as subsection 7h71 and 7,b7 by inserting after subsection 7f7 the following new subsection3 7g7 ,manufacturer penalty for violations of offshoring rules 7#a7 ,in general ,in the case of any manufacturer which1 during the applicable period1 has moved1 reduced1 or eliminated any production1 manufacturing1 or final assembly in a manner described in section #cj;,d7d77#c77;,b77i77,i71 such manufacturer shall pay to the ,secretary a penalty in an amount equal to the total amount of credits allowed under this section with respect to any previously-owned clean vehicles manufactured by such manufacturer during the applicable period4 7#b7 ,exclusion ,any previously-owned clean vehicle for which a credit was allowed under section #cj;,d shall not be included for purposes of determining the amount of any penalty imposed pursuant to paragraph 7#a74 7#c7 ,period of payment ,any penalty imposed pursuant to paragraph 7#a7 shall be paid by the manufacturer to the ,secretary over such period as is determined appropriate by the ,secretary4 7#d7 ,definitions ,for purposes of this subsection1 the terms manufacturer and applicable period shall have the same meanings given such terms under section #cj;,d7d77#c77;,b74 4 7#b7 ,qualified commercial clean vehicles ,section #de,w of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by redesignating subsection 7g7 as subsection 7h71 and 7,b7 by inserting after subsection 7f7 the following new subsection3 7g7 ,manufacturer penalty for violation of offshoring rules 7#a7 ,in general ,in the case of any manufacturer which1 during the applicable period1 has moved1 reduced1 or eliminated any production1 manufacturing1 or final assembly in a manner described in section #cj;,d7d77#c77;,b77i77,i71 such manufacturer shall pay to the ,secretary a penalty in an amount equal to the total amount of credits allowed under this section with respect to any qualified commercial clean vehicles manufactured by such manufacturer during the applicable period4 7#b7 ,period of payment ,any penalty imposed pursuant to paragraph 7#a7 shall be paid by the manufacturer to the ,secretary over such period as is determined appropriate by the ,secretary4 7#c7 ,definitions ,for purposes of this subsection1 the terms manufacturer and applicable period shall have the same meanings given such terms under section #cj;,d7d77#c77;,b74 4 7c7 ,effective date ,the amendments made by this section shall apply to vehicles sold after the date of enactment of this ,act4 #c4 ,exclusion of offshoring manufacturers under qualifying advanced energy project credit 7a7 ,in general ,section #dh;,c7c77#a7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7,c7 ,offshoring exclusion 7i7 ,in general ,such term shall not include any project of an applicable taxpayer if1 during the applicable period-- 7,i7 such taxpayer 7including any subsidiary of such taxpayer7-- 7aa7 moves any production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle outside of the ,united ,states1 or 7bb7 reduces or eliminates production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle in the ,united ,states and subsequently obtains any such vehicle or part from a producer or manufacturer located outside of the ,united ,states1 or 7,,ii7 such taxpayer fails to satisfy the requirements described in clause 7iii74 7ii7 ,applicable period ,for purposes of this subparagraph1 the term applicable period means1 with respect to any project of the taxpayer1 the period-- 7,i7 beginning on the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and 7,,ii7 ending on the date which is #aj years after the end of the last taxable year for which1 with respect to such project1 a credit determined under subsection 7a7 is allowed under section #ch4 7iii7 ,reporting ,not later than #a year after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and annually thereafter during the applicable period1 any taxpayer which has received a certification under subsection 7e7 with respect to any project shall provide the ,secretary with such information as the ,secretary may require to demonstrate that such taxpayer 7including any subsidiaries7 has not moved1 reduced1 or eliminated any production1 manufacturing1 or final assembly in a manner described in subclause 7,i7 or 7,,ii7 of clause 7i74 7iv7 ,penalty 7,i7 ,in general ,in the case of any applicable taxpayer which1 during the applicable period1 has moved1 reduced1 or eliminated any production1 manufacturing1 or final assembly in a manner described in subclause 7,i7 or 7,,ii7 of clause 7i71 such taxpayer shall pay to the ,secretary a penalty in an amount equal to #bjj percent of the total amount of credits allowed under this section with respect to any qualified investments made by such taxpayer during the applicable period4 7,,ii7 ,period of payment ,any penalty imposed pursuant to subclause 7,i7 shall be paid by the applicable taxpayer to the ,secretary over such period as is determined appropriate by the ,secretary4 7v7 ,applicable taxpayer ,for purposes of this subparagraph1 the term applicable taxpayer means any manufacturer 7within the meaning of the regulations prescribed by the ,administrator of the ,environmental ,protection ,agency for purposes of the administration of title ,,ii of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba et seq4774 4 7b7 ,effective date ,the amendment made by this section shall apply to property placed in service after the date of enactment of this ,act4 #d4 ,exclusion of offshoring manufacturers under advanced technology vehicles manufacturing incentive program ,section #acf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7 is amended-- 7#a7 by striking subsection 7e7 and inserting the following3 7e7 ,eligibility2 requirement ,to not offshore manufacturing 7#a7 ,definitions ,in this subsection3 7,a7 ,applicable period ,the term applicable period1 with respect to a covered entity1 means the #aj-year period following the date on which the covered entity1 as applicable-- 7i7 receives the full amount of a facility funding award under subsection 7b72 or 7ii7 fully pays back a direct loan received under subsection 7d74 7,b7 ,covered entity ,the term covered entity means an entity that-- 7i7 produces1 manufactures1 or carries out the final assembly of motor vehicles2 and 7ii7 receives1 after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc-- 7,i7 a facility funding award under subsection 7b72 or 7,,ii7 a direct loan under subsection 7d74 7,c7 ,prohibited activity ,the term prohibited activity1 with respect to an entity described in subparagraph 7,b77i71 means-- 7i7 moving the domestic production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle outside of the ,united ,states2 and 7ii7 reducing or eliminating production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle in the ,united ,states and subsequently obtaining such vehicle or component part from a producer or manufacturer located outside of the ,united ,states4 7#b7 ,eligibility ,beginning on the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 no entity described in clause 7i7 of paragraph 7#a77;,b7 shall be eligible for an award or loan described in clause 7ii7 of that paragraph if that entity 7or a subsidiary of that entity7 has carried out a prohibited activity as of that date4 7#c7 ,requirements 7,a7 ,in general ,as a condition of receiving an award or loan described in paragraph 7#a77;,b77ii71 a covered entity may not1 during the applicable period-- 7i7 carry out any prohibited activity2 or 7ii7 fail to satisfy the requirement under subparagraph 7,c74 7,b7 ,subsidiary requirement ,the requirement under subparagraph 7,a77i7 shall apply to each subsidiary of a covered entity1 if applicable4 7,c7 ,report ,not later than #a year after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and annually thereafter until the end of the applicable period1 each covered entity shall provide to the ,secretary such information as the ,secretary may require to demonstrate that the covered entity 7including each subsidiary1 if applicable7 has not carried out a prohibited activity4 7#d7 ,noncompliance 7,a7 ,in general ,if a covered entity becomes noncompliant with the requirements under paragraph 7#c71 the covered entity shall pay to the ,secretary-- 7i7 in the case of receiving an award1 #bjj percent of the amount of the award2 and 7ii7 in the case of receiving a loan1 the amount of the loan1 at a schedule determined by the ,secretary1 at an interest rate that is double the higher of-- 7,i7 the interest rate2 and 7,,ii7 the subsidy rate4 7,b7 ,period of payment ,any payment imposed pursuant to subparagraph 7,a7 shall be paid by the covered entity to the ,secretary over such period as is determined appropriate by the ,secretary4 2 and 7#b7 by redesignating subsection 7m7 as subsection 7l74 #e4 ,exclusion of offshoring manufacturers under domestic manufacturing conversion grant program ,section #gab7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfb7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking ,the program and inserting the following3 7,a7 ,in general ,the program 2 and 7,b7 by adding at the end the following3 7,b7 ,eligibility ,beginning on the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 no entity described in paragraph 7#d77;,a77ii77,i7 shall be eligible for a grant or loan guarantee under this paragraph if that entity 7or a subsidiary of that entity7 has carried out a prohibited activity 7as defined in paragraph 7#d77;,a77 as of that date4 2 and 7#b7 by adding at the end the following3 7#d7 ,requirement to not offshore manufacturing 7,a7 ,definitions ,in this paragraph3 7i7 ,applicable period ,the term applicable period1 with respect to a covered entity1 means the #aj-year period following the date on which the covered entity1 as applicable-- 7,i7 receives the full amount of grant funds under paragraph 7#b72 or 7,,ii7 fully pays back the loan for which a guarantee is provided under that paragraph4 7ii7 ,covered entity ,the term covered entity means an entity described in paragraph 7#b7 that-- 7,i7 produces1 manufactures1 or carries out the final assembly of motor vehicles2 and 7,,ii7 receives1 after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 a grant or loan guarantee under that paragraph4 7iii7 ,prohibited activity ,the term prohibited activity1 with respect to an entity described in clause 7ii77,i71 means-- 7,i7 moving the domestic production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle outside of the ,united ,states2 and 7,,ii7 reducing or eliminating production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle in the ,united ,states and subsequently obtaining such vehicle or component part from a producer or manufacturer located outside of the ,united ,states4 7,b7 ,requirements 7i7 ,in general ,as a condition of receiving a grant or loan guarantee under paragraph 7#b71 a covered entity may not1 during the applicable period-- 7,i7 carry out any prohibited activity2 or 7,,ii7 fail to satisfy the requirement under clause 7iii74 7ii7 ,subsidiary requirement ,the requirement under clause 7i77,i7 shall apply to each subsidiary of a covered entity1 if applicable4 7iii7 ,report ,not later than #a year after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and annually thereafter until the end of the applicable period1 each covered entity shall provide to the ,secretary such information as the ,secretary may require to demonstrate that the covered entity 7including each subsidiary1 if applicable7 has not carried out a prohibited activity4 7,c7 ,noncompliance 7i7 ,in general ,if a covered entity becomes noncompliant with the requirements under subparagraph 7,b71 the covered entity shall pay to the ,secretary-- 7,i7 in the case of receiving a grant1 #bjj percent of the amount of the grant2 and 7,,ii7 in the case of receiving a loan guarantee1 an amount that is double the cost incurred by the ,secretary for administering that loan guarantee4 7ii7 ,period of payment ,any payment imposed pursuant to clause 7i7 shall be paid by the covered entity to the ,secretary over such period as is determined appropriate by the ,secretary4 4 #f4 ,exclusion of offshoring manufacturers under public school energy improvement program ,section #djeda7;f7 of the ,investment ,infrastructure and ,jobs ,act 7#db ,u4,s4,c4 #ahhca7;f77 is amended by adding at the end the following3 7#e7 ,use of grant funds relating to motor vehicle manufacturers 7,a7 ,definitions ,in this paragraph3 7i7 ,applicable period ,the term applicable period1 with respect to a covered entity1 means the #aj-year period following the date on which the covered entity contracts with an eligible entity as described in clause 7ii77,,ii74 7ii7 ,covered entity ,the term covered entity means an entity that-- 7,i7 produces1 manufactures1 or carries out the final assembly of motor vehicles2 and 7,,ii7 after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 contracts with an eligible entity to make energy improvements pursuant to a grant provided to the eligible entity under this section4 7iii7 ,prohibited activity ,the term prohibited activity1 with respect to an entity described in clause 7ii77,i71 means-- 7,i7 moving the domestic production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle outside of the ,united ,states2 and 7,,ii7 reducing or eliminating production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle in the ,united ,states and subsequently obtaining such vehicle or component part from a producer or manufacturer located outside of the ,united ,states4 7,b7 ,prohibition ,beginning on the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 an eligible entity receiving a grant under this section may not use grant amounts to contract with1 for the purpose of making energy improvements1 an entity described in subparagraph 7,a77ii77,i71 or a subsidiary of such an entity1 if that entity or subsidiary has carried out a prohibited activity as of that date4 7,c7 ,requirements on motor vehicle manufacturers ,a covered entity may not1 as a condition of the contract with the eligible entity1 during the applicable period-- 7i7 carry out a prohibited activity2 or 7ii7 fail to satisfy the requirement under subparagraph 7,e74 7,d7 ,subsidiary requirement ,the requirement under subparagraph 7,c77i7 shall apply to each subsidiary of a covered entity1 if applicable4 7,e7 ,notice to covered entity ,if an eligible entity intends to use proceeds from a grant under this section to purchase1 lease1 license1 or contract for a motor vehicle from a covered entity1 the eligible entity shall notify the covered entity that the sale1 lease1 license1 or contract is being carried out using a grant under this section4 7,f7 ,report ,not later than #a year after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and annually thereafter until the end of the applicable period1 each covered entity shall provide to the ,secretary such information as the ,secretary may require to demonstrate that the covered entity 7including each subsidiary1 if applicable7 has not carried out a prohibited activity4 7,g7 ,noncompliance 7i7 ,in general ,if a covered entity becomes noncompliant with the requirements under subparagraph 7,c71 the covered entity shall pay to the ,secretary the ,federal funds paid by the eligible entity to the covered entity under the applicable contract4 7ii7 ,period of payment ,any payment imposed pursuant to clause 7i7 shall be paid by the covered entity to the ,secretary over such period as is determined appropriate by the ,secretary4 4 #g4 ,exclusion of offshoring manufacturers under ,state energy program ,section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7 is amended by adding at the end the following3 7h7 ,use of funds relating to motor vehicle manufacturers 7#a7 ,definitions ,in this subsection3 7,a7 ,applicable period ,the term applicable period1 with respect to a covered entity1 means the #aj-year period following the date on which the covered entity contracts with a ,state as described in subparagraph 7,b77ii74 7,b7 ,covered entity ,the term covered entity means an entity that-- 7i7 produces1 manufactures1 or carries out the final assembly of motor vehicles2 and 7ii7 after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 contracts with a ,state to carry out an energy conservation goal pursuant to a ,state energy conservation plan submitted under this section4 7,c7 ,prohibited activity ,the term prohibited activity1 with respect to an entity described in subparagraph 7,b77i71 means-- 7i7 moving the domestic production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle outside of the ,united ,states2 and 7ii7 reducing or eliminating production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle in the ,united ,states and subsequently obtaining such vehicle or component part from a producer or manufacturer located outside of the ,united ,states4 7#b7 ,prohibition ,beginning on the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 a ,state carrying out a ,state energy conservation plan submitted under this section may not contract with1 for the purpose of carrying out an energy conservation goal1 an entity described in paragraph 7#a77;,b77i71 or a subsidiary of such an entity1 if that entity or subsidiary has carried out a prohibited activity as of that date4 7#c7 ,requirements on motor vehicle manufacturers ,a covered entity may not1 as a condition of the contract with the ,state1 during the applicable period-- 7,a7 carry out a prohibited activity2 or 7,b7 fail to satisfy the requirement under paragraph 7#e74 7#d7 ,subsidiary requirement ,the requirement under paragraph 7#c77;,a7 shall apply to each subsidiary of a covered entity1 if applicable4 7#e7 ,notice to covered entity ,if a ,state carrying out a ,state energy conservation plan submitted under this section intends to purchase1 lease1 license1 or contract for a motor vehicle from a covered entity1 the ,state shall notify the covered entity that the sale1 lease1 license1 or contract is being carried out as part of the ,state energy conservation plan submitted under this section4 7#f7 ,report ,not later than #a year after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and annually thereafter until the end of the applicable period1 each covered entity shall provide to the ,secretary such information as the ,secretary may require to demonstrate that the covered entity 7including each subsidiary1 if applicable7 has not carried out a prohibited activity4 7#g7 ,noncompliance 7,a7 ,in general ,if a covered entity becomes noncompliant with the requirements under paragraph 7#c71 the covered entity shall pay to the ,secretary the ,federal funds paid by the ,state to the covered entity under the applicable contract4 7,b7 ,period of payment ,any payment imposed pursuant to subparagraph 7,a7 shall be paid by the covered entity to the ,secretary over such period as is determined appropriate by the ,secretary4 4 #h4 ,exclusion of offshoring manufacturers under bus grant programs ,section #ecci7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#ab7 ,require to not offshore manufacturing 7,a7 ,definitions ,in this paragraph3 7i7 ,applicable period ,the term applicable period1 with respect to a covered entity1 means the #aj-year period following the date on which the covered entity receives the full amount of funds provided under this subsection4 7ii7 ,covered entity ,the term covered entity means an entity that-- 7,i7 produces1 manufactures1 or carries out the final assembly of vehicle 1 or any subsidiary of such entity2 and 7,,ii7 receives1 after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 assistance under this subsection from an eligible recipient4 7iii7 ,prohibited activity ,the term prohibited activity1 with respect to an covered entity1 means-- 7,i7 moving the domestic production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle outside of the ,united ,states2 and 7,,ii7 reducing or eliminating production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle in the ,united ,states and subsequently obtaining such vehicle or component part from a producer or manufacturer located outside of the ,united ,states4 7,b7 ,eligibility ,beginning on the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 no entity described in subclause 7,i7 of subparagraph 7,a77ii7 shall be eligible for assistance under this subsection if that entity 7or a subsidiary of that entity7 has carried out a prohibited activity as of that date4 7,c7 ,requirements 7i7 ,in general ,as a condition of receiving funds under this subsection1 a covered entity may not1 during the applicable period-- 7,i7 carry out any prohibited activity2 or 7,,ii7 fail to satisfy the requirement under clause 7iii74 7ii7 ,subsidiary requirement ,the requirement under clause 7i77,i7 shall apply to each subsidiary of a covered entity1 if applicable4 7iii7 ,notice to covered entity ,if an eligible recipient is not a covered entity and the eligible recipient intends to use proceeds from an award under this subsection to purchase1 lease1 license1 or contract for a vehicle from a covered entity1 the eligible recipient shall notify the covered entity that the sale1 lease1 license1 or contract is being carried out using proceeds from an award under this subsection4 7iv7 ,report ,not later than #a year after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and annually thereafter until the end of the applicable period1 a covered entity shall provide the ,secretary such information as the ,secretary may require to demonstrate that the covered entity 7including each subsidiary1 if applicable7 has not carried out a prohibited activity4 7,d7 ,noncompliance 7i7 ,in general ,if a covered entity that receives assistance under this subsection after the date of enactment of this paragraph becomes noncompliant with the requirements under subparagraph 7,c71 the covered entity shall pay to the ,secretary an amount equal to #ajj percent of the amount that consumers of the covered entity paid to the covered entity of assistance under this subsection4 7ii7 ,period of payment ,any payment imposed pursuant to clause 7i7 shall be paid by the covered entity to the ,secretary over such period as is determined appropriate by the ,secretary4 4 #i4 ,exclusion of offshoring manufacturers under low or no emission grant program ,section #ecci7;c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#i7 ,require to not offshore manufacturing 7,a7 ,definitions ,in this paragraph3 7i7 ,applicable period ,the term applicable period1 with respect to a covered entity1 means the #aj-year period following the date on which the covered entity receives the full amount of funds provided under this subsection4 7ii7 ,covered entity ,the term covered entity means an entity that-- 7,i7 produces1 manufactures1 or carries out the final assembly of vehicles1 or any subsidiary of such entity2 and 7,,ii7 receives1 after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 assistance from a recipient under this subsection4 7iii7 ,prohibited activity ,the term prohibited activity1 with respect to an covered entity1 means-- 7,i7 moving the domestic production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle outside of the ,united ,states2 and 7,,ii7 reducing or eliminating production1 manufacturing1 or final assembly of any vehicle or any component part of a vehicle in the ,united ,states and subsequently obtaining such vehicle or component part from a producer or manufacturer located outside of the ,united ,states4 7,b7 ,eligibility ,beginning on the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 no entity described in subclause 7,i7 of subparagraph 7,a77ii7 shall be eligible for assistance under this subsection if that entity 7or a subsidiary of that entity7 has carried out a prohibited activity as of that date4 7,c7 ,requirements 7i7 ,in general ,as a condition of receiving assistance under this subsection1 a covered entity may not1 during the applicable period-- 7,i7 carry out a prohibited activity2 or 7,,ii7 fail to satisfy the requirement under clause 7iii74 7ii7 ,subsidiary requirement ,the requirement under clause 7i77,i7 shall apply to each subsidiary of a covered entity1 if applicable4 7iii7 ,notice to covered entity ,if a recipient is not a covered entity and the recipient intends to use proceeds from an award under this subsection to purchase1 lease1 license1 or contract for a vehicle from a covered entity1 the recipient shall notify the covered entity that the sale1 lease1 license1 or contract is being carried out using proceeds from an award under this subsection4 7iv7 ,report ,not later than #a year after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and annually thereafter until the end of the applicable period1 a covered entity shall provide the ,secretary such information as the ,secretary may require to demonstrate that the covered entity 7including each subsidiary1 if applicable7 has not carried out a prohibited activity4 7,d7 ,noncompliance 7i7 ,in general ,if a covered entity that receives a grant under this subsection after the date of enactment of this paragraph becomes noncompliant with the requirements under subparagraph 7,c71 the covered entity shall pay to the ,secretary an amount equal to #ajj percent of the amount that consumers of the covered entity paid to the covered entity of the grant under this subsection4 7ii7 ,period of payment ,any payment imposed pursuant to clause 7i7 shall be paid by the covered entity to the ,secretary over such period as is determined appropriate by the ,secretary4 4 #aj4 ,exclusion of offshoring manufacturers under clean school bus program ,section #gda of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#f71 by adding at the end the following3 7,c7 ,limitation ,an award under this section may not be used for the sale1 lease1 licensing1 or contracting for-- 7i7 a motor vehicle 7as defined in paragraph 7#h77;,a77 produced1 manufactured1 or assembled by an entity1 including a subsidiary of such an entity1 that fails to comply with paragraph 7#h77;,b77i72 or 7ii7 charging or fueling infrastructure produced1 manufactured1 or assembled by an entity1 including a subsidiary of such an entity1 that fails to comply with paragraph 7#h77;,b77i74 2 7,b7 by redesignating paragraph 7#h7 as paragraph 7#i72 and 7,c7 by inserting after paragraph 7#g7 the following3 7#h7 ,requirement to not offshore manufacturing 7,a7 ,definitions ,in this paragraph3 7i7 ,applicable period ,the term applicable period1 with respect to a covered entity1 means the #aj-year period following the date on which the covered entity receives proceeds from an award under paragraph 7#a71 including by receiving proceeds through a sale1 lease1 license1 or contract for a motor vehicle from an eligible recipient using that award4 7ii7 ,covered entity ,the term covered entity means an entity that-- 7,i7 produces1 manufactures1 or carries out the final assembly of motor vehicles2 and 7,,ii7 receives1 after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 proceeds from an award under paragraph 7#a71 including by receiving proceeds through a sale1 lease1 license1 or contract for a motor vehicle from an eligible recipient using an award under paragraph 7#a74 7iii7 ,motor vehicle ,the term motor vehicle has the meaning given the term in section #cj;,d7d7 of the ,internal ,revenue ,code of #aihf4 7iv7 ,prohibited activity ,the term prohibited activity1 with respect to an entity described in clause 7ii77,i71 means-- 7,i7 moving the domestic production1 manufacturing1 or final assembly of any motor vehicle or any component part of a motor vehicle outside of the ,united ,states2 and 7,,ii7 reducing or eliminating production1 manufacturing1 or final assembly of any motor vehicle or any component part of a motor vehicle in the ,united ,states and subsequently obtaining such motor vehicle or component part from a producer or manufacturer located outside of the ,united ,states4 7,b7 ,requirements 7i7 ,in general ,as a condition of receiving proceeds from an award under paragraph 7#a71 including by receiving proceeds through a sale1 lease1 license1 or contract for a motor vehicle from an eligible recipient using an award under paragraph 7#a71 a covered entity may not1 during the applicable period-- 7,i7 carry out any prohibited activity2 or 7,,ii7 fail to satisfy the requirement under clause 7iv74 7ii7 ,subsidiary requirement ,the requirement described in clause 7i77,i7 shall apply to each subsidiary of a covered entity1 if applicable4 7iii7 ,notice to covered entity ,if an eligible recipient is not a covered entity and the eligible recipient intends to use proceeds from an award under paragraph 7#a7 to purchase1 lease1 license1 or contract for a motor vehicle from a covered entity1 the eligible recipient shall notify the covered entity that the sale1 lease1 license1 or contract is being carried out using proceeds from an award under that paragraph4 7iv7 ,report ,not later than #a year after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and annually thereafter until the end of the applicable period1 each covered entity shall provide to the ,administrator such information as the ,administrator may require to demonstrate that the covered entity 7including each subsidiary1 if applicable7 has not carried out a prohibited activity4 7,c7 ,noncompliance 7i7 ,in general ,if a covered entity becomes noncompliant with the requirements under subparagraph 7,b71 the covered entity shall pay to the ,administrator an amount equal to the total of all amounts received by the covered entity that are proceeds from awards under paragraph 7#a74 7ii7 ,period of payment ,any payment imposed pursuant to clause 7i7 shall be paid by the covered entity to the ,administrator over such period as is determined appropriate by the ,administrator4 2 and 7#b7 in subsection 7c77#c77;,e71 by striking subsection 7b77#g7 and inserting subsection 7b77#i74 #aa4 ,exclusion of offshoring manufacturers under clean heavy-duty vehicles ,section #acb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdcb7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7f72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,requirement ,to not offshore manufacturing 7#a7 ,definitions ,in this subsection3 7,a7 ,applicable period ,the term applicable period1 with respect to a covered entity1 means the #aj-year period following the date on which the covered entity receives proceeds from an award under this section1 including by receiving proceeds through a sale1 lease1 license1 or contract for a motor vehicle from an eligible recipient using an award under this section4 7,b7 ,covered entity ,the term covered entity means an entity that-- 7i7 produces1 manufactures1 or carries out the final assembly of motor vehicles2 and 7ii7 receives1 after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 proceeds from an award under this section1 including by receiving proceeds through a sale1 lease1 license1 or contract for a motor vehicle from an eligible recipient using an award under this section4 7,c7 ,motor vehicle ,the term motor vehicle has the meaning given the term in section #cj;,d7d7 of the ,internal ,revenue ,code of #aihf4 7,d7 ,prohibited activity ,the term prohibited activity1 with respect to an entity described in subparagraph 7,b77i71 means-- 7i7 moving the domestic production1 manufacturing1 or final assembly of any motor vehicle or any component part of a motor vehicle outside of the ,united ,states2 and 7ii7 reducing or eliminating production1 manufacturing1 or final assembly of any motor vehicle or any component part of a motor vehicle in the ,united ,states and subsequently obtaining such motor vehicle or component part from a producer or manufacturer located outside of the ,united ,states4 7#b7 ,requirements 7,a7 ,in general ,as a condition of receiving proceeds from an award under this section1 including by receiving proceeds through a sale1 lease1 license1 or contract for a motor vehicle from an eligible recipient using an award under this section1 a covered entity may not1 during the applicable period-- 7i7 carry out any prohibited activity2 or 7ii7 fail to satisfy the requirement under subparagraph 7,d74 7,b7 ,subsidiary requirement ,the requirement described in subparagraph 7,a77i7 shall apply to each subsidiary of a covered entity1 if applicable4 7,c7 ,notice to covered entity ,if an eligible recipient is not a covered entity and the eligible recipient intends to use proceeds from an award under this section to purchase1 lease1 license1 or contract for a motor vehicle from a covered entity1 the eligible recipient shall notify the covered entity that the sale1 lease1 license1 or contract is being carried out using proceeds from an award under this section4 7,d7 ,report ,not later than #a year after the date of enactment of the ,putting ,american ,autoworkers ,first ,act of #bjbc1 and annually thereafter until the end of the applicable period1 each covered entity shall provide to the ,administrator such information as the ,administrator may require to demonstrate that the covered entity 7including each subsidiary1 if applicable7 has not carried out a prohibited activity4 7#c7 ,noncompliance 7,a7 ,in general ,if a covered entity becomes noncompliant with the requirements under paragraph 7#b71 the covered entity shall pay to the ,administrator an amount equal to the total of all amounts received by the covered entity that are proceeds from awards under paragraph 7#a74 7,b7 ,period of payment ,any payment imposed pursuant to subparagraph 7,a7 shall be paid by the covered entity to the ,administrator over such period as is determined appropriate by the ,administrator4 7e7 ,limitation ,an award under this section may not be used for-- 7#a7 the sale1 lease1 licensing1 or contracting for a motor vehicle 7as defined in subsection 7d77#a77 produced1 manufactured1 or assembled by an entity1 including a subsidiary of such an entity1 that fails to comply with subsection 7d77#b77;,a72 7#b7 the sale1 lease1 licensing1 or contracting for charging or fueling infrastructure produced1 manufactured1 or assembled by an entity1 including a subsidiary of such an entity1 that fails to comply with subsection 7d77#b77;,a72 or 7#c7 workforce development1 training1 planning1 or technical activities carried out by an entity1 including a subsidiary of such an entity1 that fails to comply with subsection 7d77#b77;,a74 4