I 

118TH CONGRESS 

2D SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2024 

Mrs. MILLER of West Virginia introduced the following bill; which was 

referred to the Committee on Ways and Means 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End Chinese Domi5 nance of Electric Vehicles in America Act of 2024’’. 


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1 SEC. 2. EXCLUSION FROM CLEAN VEHICLE CREDIT OF VE2 HICLES CONTAINING MATERIALS SOURCED 

3 FROM PROHIBITED FOREIGN ENTITIES. 

4 (a) IN GENERAL.—Section 30D(d)(7) of the Internal 

5 Revenue Code of 1986 is amended to read as follows: 

6 ‘‘(7) EXCLUDED ENTITIES.— 

7 ‘‘(A) IN GENERAL.—For purposes of this 

8 section, the term ‘new clean vehicle’ shall not 

9 include any vehicle— 

10 ‘‘(i) with respect to which any of the 

11 components contained in the drive battery 

12 or any material contained in such a compo13 nent was extracted, processed, recycled, 

14 manufactured, or assembled by a prohib15 ited foreign entity, or 

16 ‘‘(ii) the drive battery of which is de17 signed, manufactured, or produced using 

18 any process attributable to any licensing, 

19 royalty, service, or similar agreement with 

20 a prohibited foreign entity the estimated 

21 total contract cost, including variable, con22 tingent, or sales-based payments, of which 

23 exceeds $5,000,000. 

24 ‘‘(B) PROHIBITED FOREIGN ENTITY.—For 

25 purposes of subparagraph (A), the term ‘pro26 hibited foreign entity’ means— 


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1 ‘‘(i) any foreign entity of concern (as 

2 defined in section 40207(a)(5) of the In3 frastructure Investment and Jobs Act), 

4 ‘‘(ii) any entity with respect to which 

5 the government of a covered nation has the 

6 right or power (directly or indirectly) to 

7 appoint or approve the appointment of a 

8 covered officer, or 

9 ‘‘(iii) any entity 25 percent or more of 

10 the capital or profits interests of which are 

11 owned (directly or indirectly) in the aggre12 gate by 1 or more of the following: 

13 ‘‘(I) A covered nation or an enti14 ty described in clause (i) or (ii). 

15 ‘‘(II) A citizen, national, or resi16 dent of a covered nation. 

17 ‘‘(III) An entity organized under 

18 the laws of a covered nation. 

19 ‘‘(C) COVERED OFFICER.—For purposes of 

20 this paragraph, the term ‘covered officer’ 

21 means— 

22 ‘‘(i) any member of the board of direc23 tors, board of supervisors, or an equivalent 

24 governing body, 


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1 ‘‘(ii) the president, senior vice presi2 dent, chief executive officer, chief operating 

3 officer, chief financial officer, or general 

4 counsel, or 

5 ‘‘(iii) any individual who performs du6 ties usually associated with a title listed in 

7 clause (i) or (ii). 

8 ‘‘(D) COVERED NATION.—For purposes of 

9 this paragraph, the term ‘covered nation’ has 

10 the meaning given such term in section 4872(d) 

11 of title 10, United States Code. 

12 ‘‘(E) DRIVE BATTERY.—For purposes of 

13 this paragraph, the term ‘drive battery’ means, 

14 with respect to a vehicle, the battery from 

15 which the electric motor of such vehicle draws 

16 electricity.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this subsection shall apply to vehicles placed in service 

19 after the date of enactment of this Act. 

Æ 


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