II 

118TH CONGRESS 

1ST SESSION S. 3397 

To amend the Internal Revenue Code of 1986 to establish requirements 

for the clean vehicle credit and the qualifying advanced energy project 

credit to prevent offshoring by manufacturers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 5, 2023 

Mr. RUBIO (for himself, Mr. VANCE, and Mr. SCHMITT) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to establish 

requirements for the clean vehicle credit and the qualifying advanced energy project credit to prevent 

offshoring by manufacturers, and for other purposes. 

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 ‘‘Putting American 

5 Autoworkers First Act of 2023’’. 

2 

•S 3397 IS

1 SEC. 2. EXCLUSION OF OFFSHORING MANUFACTURERS 

2 UNDER CLEAN VEHICLE CREDIT. 

3 (a) IN GENERAL.—Section 30D(d)(3) of the Internal 

4 Revenue Code of 1986 is amended— 

5 (1) by striking ‘‘The term’’ and inserting the 

6 following: 

7 ‘‘(A) IN GENERAL.—The term’’, and 

8 (2) by adding at the end the following: 

9 ‘‘(B) OFFSHORING EXCLUSION.— 

10 ‘‘(i) IN GENERAL.—The term ‘quali11 fied manufacturer’ shall not include any 

12 manufacturer (as defined in subparagraph 

13 (A)) which, during the applicable period— 

14 ‘‘(I) with respect to the manufac15 turer or any subsidiary of such manu16 facturer— 

17 ‘‘(aa) moves any production, 

18 manufacturing, or final assembly 

19 of any vehicle or any component 

20 part of a vehicle outside of the 

21 United States, or 

22 ‘‘(bb) reduces or eliminates 

23 production, manufacturing, or 

24 final assembly of any vehicle or 

25 any component part of a vehicle 

26 in the United States and subseVerDate Sep 11 2014 19:50 Dec 18, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3397.IS S3397
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•S 3397 IS

1 quently obtains any such vehicle 

2 or part from a producer or man3 ufacturer located outside of the 

4 United States, or 

5 ‘‘(II) fails to satisfy the require6 ments described in clause (iii). 

7 ‘‘(ii) APPLICABLE PERIOD.—For pur8 poses of this subparagraph, the term ‘ap9 plicable period’ means the period— 

10 ‘‘(I) beginning on the date of en11 actment of the Putting American 

12 Autoworkers First Act of 2023, and 

13 ‘‘(II) ending on the date which is 

14 10 years after the date on which the 

15 written agreement with the Secretary 

16 described in subparagraph (A) has 

17 been terminated. 

18 ‘‘(iii) REPORTING.—Not later than 1 

19 year after the date of enactment of the 

20 Putting American Autoworkers First Act 

21 of 2023, and annually thereafter during 

22 the applicable period, any manufacturer 

23 which has entered into a written agreement 

24 with the Secretary described in subpara25 graph (A) shall provide the Secretary with 

4 

•S 3397 IS

1 such information as the Secretary may re2 quire to demonstrate that such manufac3 turer (including any subsidiaries) has not 

4 moved, reduced, or eliminated any produc5 tion, manufacturing, or final assembly in a 

6 manner described in clause (i)(I). 

7 ‘‘(iv) PENALTY.— 

8 ‘‘(I) IN GENERAL.—In the case 

9 of any manufacturer which, during 

10 the applicable period, has moved, re11 duced, or eliminated any production, 

12 manufacturing, or final assembly in a 

13 manner described in clause (i)(I), 

14 such manufacturer shall pay to the 

15 Secretary a penalty in an amount 

16 equal to the total amount of credits 

17 allowed under this section with re18 spect to any new clean vehicles manu19 factured by such manufacturer during 

20 the applicable period. 

21 ‘‘(II) PERIOD OF PAYMENT.— 

22 Any penalty imposed pursuant to sub23 clause (I) shall be paid by the manu24 facturer to the Secretary over such 

5 

•S 3397 IS

1 period as is determined appropriate by 

2 the Secretary. 

3 ‘‘(v) RULE OF CONSTRUCTION.—In 

4 the case of any manufacturer which, as de5 termined by the Secretary, has failed to 

6 satisfy the requirements under subclause 

7 (I) or (II) of clause (i) during the applica8 ble period, such determination shall have 

9 no effect with respect to any vehicle sold 

10 before the date of such determination for 

11 purposes of determining whether such vehi12 cle satisfies the requirement under para13 graph (1)(C).’’. 

14 (b) APPLICATION OF PENALTIES TO OTHER CRED15 ITS.— 

16 (1) PREVIOUSLY-OWNED CLEAN VEHICLES.— 

17 Section 25E of the Internal Revenue Code of 1986 

18 is amended— 

19 (A) by redesignating subsection (g) (as re20 designated by section 13402(b) of Public Law 

21 117-169) as subsection (h), and 

22 (B) by inserting after subsection (f) the 

23 following new subsection: 

24 ‘‘(g) MANUFACTURER PENALTY FOR VIOLATIONS OF

25 OFFSHORING RULES.— 

6 

•S 3397 IS

1 ‘‘(1) IN GENERAL.—In the case of any manu2 facturer which, during the applicable period, has 

3 moved, reduced, or eliminated any production, man4 ufacturing, or final assembly in a manner described 

5 in section 30D(d)(3)(B)(i)(I), such manufacturer 

6 shall pay to the Secretary a penalty in an amount 

7 equal to the total amount of credits allowed under 

8 this section with respect to any previously-owned 

9 clean vehicles manufactured by such manufacturer 

10 during the applicable period. 

11 ‘‘(2) EXCLUSION.—Any previously-owned clean 

12 vehicle for which a credit was allowed under section 

13 30D shall not be included for purposes of deter14 mining the amount of any penalty imposed pursuant 

15 to paragraph (1). 

16 ‘‘(3) PERIOD OF PAYMENT.—Any penalty im17 posed pursuant to paragraph (1) shall be paid by 

18 the manufacturer to the Secretary over such period 

19 as is determined appropriate by the Secretary. 

20 ‘‘(4) DEFINITIONS.—For purposes of this sub21 section, the terms ‘manufacturer’ and ‘applicable pe22 riod’ shall have the same meanings given such terms 

23 under section 30D(d)(3)(B).’’. 

7 

•S 3397 IS

1 (2) QUALIFIED COMMERCIAL CLEAN VEHI2 CLES.—Section 45W of the Internal Revenue Code 

3 of 1986 is amended— 

4 (A) by redesignating subsection (g) as sub5 section (h), and 

6 (B) by inserting after subsection (f) the 

7 following new subsection: 

8 ‘‘(g) MANUFACTURER PENALTY FOR VIOLATION OF

9 OFFSHORING RULES.— 

10 ‘‘(1) IN GENERAL.—In the case of any manu11 facturer which, during the applicable period, has 

12 moved, reduced, or eliminated any production, man13 ufacturing, or final assembly in a manner described 

14 in section 30D(d)(3)(B)(i)(I), such manufacturer 

15 shall pay to the Secretary a penalty in an amount 

16 equal to the total amount of credits allowed under 

17 this section with respect to any qualified commercial 

18 clean vehicles manufactured by such manufacturer 

19 during the applicable period. 

20 ‘‘(2) PERIOD OF PAYMENT.—Any penalty im21 posed pursuant to paragraph (1) shall be paid by 

22 the manufacturer to the Secretary over such period 

23 as is determined appropriate by the Secretary. 

24 ‘‘(3) DEFINITIONS.—For purposes of this sub25 section, the terms ‘manufacturer’ and ‘applicable peVerDate Sep 11 2014 19:50 Dec 18, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3397.IS S3397
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•S 3397 IS

1 riod’ shall have the same meanings given such terms 

2 under section 30D(d)(3)(B).’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to vehicles sold after the date of 

5 enactment of this Act. 

6 SEC. 3. EXCLUSION OF OFFSHORING MANUFACTURERS 

7 UNDER QUALIFYING ADVANCED ENERGY 

8 PROJECT CREDIT. 

9 (a) IN GENERAL.—Section 48C(c)(1) of the Internal 

10 Revenue Code of 1986 is amended by adding at the end 

11 the following: 

12 ‘‘(C) OFFSHORING EXCLUSION.— 

13 ‘‘(i) IN GENERAL.—Such term shall 

14 not include any project of an applicable 

15 taxpayer if, during the applicable period— 

16 ‘‘(I) such taxpayer (including any 

17 subsidiary of such taxpayer)— 

18 ‘‘(aa) moves any production, 

19 manufacturing, or final assembly 

20 of any vehicle or any component 

21 part of a vehicle outside of the 

22 United States, or 

23 ‘‘(bb) reduces or eliminates 

24 production, manufacturing, or 

25 final assembly of any vehicle or 

9 

•S 3397 IS

1 any component part of a vehicle 

2 in the United States and subse3 quently obtains any such vehicle 

4 or part from a producer or man5 ufacturer located outside of the 

6 United States, or 

7 ‘‘(II) such taxpayer fails to sat8 isfy the requirements described in 

9 clause (iii). 

10 ‘‘(ii) APPLICABLE PERIOD.—For pur11 poses of this subparagraph, the term ‘ap12 plicable period’ means, with respect to any 

13 project of the taxpayer, the period— 

14 ‘‘(I) beginning on the date of en15 actment of the Putting American 

16 Autoworkers First Act of 2023, and 

17 ‘‘(II) ending on the date which is 

18 10 years after the end of the last tax19 able year for which, with respect to 

20 such project, a credit determined 

21 under subsection (a) is allowed under 

22 section 38. 

23 ‘‘(iii) REPORTING.—Not later than 1 

24 year after the date of enactment of the 

25 Putting American Autoworkers First Act 

10 

•S 3397 IS

1 of 2023, and annually thereafter during 

2 the applicable period, any taxpayer which 

3 has received a certification under sub4 section (e) with respect to any project shall 

5 provide the Secretary with such informa6 tion as the Secretary may require to dem7 onstrate that such taxpayer (including any 

8 subsidiaries) has not moved, reduced, or 

9 eliminated any production, manufacturing, 

10 or final assembly in a manner described in 

11 subclause (I) or (II) of clause (i). 

12 ‘‘(iv) PENALTY.— 

13 ‘‘(I) IN GENERAL.—In the case 

14 of any applicable taxpayer which, dur15 ing the applicable period, has moved, 

16 reduced, or eliminated any production, 

17 manufacturing, or final assembly in a 

18 manner described in subclause (I) or 

19 (II) of clause (i), such taxpayer shall 

20 pay to the Secretary a penalty in an 

21 amount equal to 200 percent of the 

22 total amount of credits allowed under 

23 this section with respect to any quali24 fied investments made by such tax25 payer during the applicable period. 

11 

•S 3397 IS

1 ‘‘(II) PERIOD OF PAYMENT.— 

2 Any penalty imposed pursuant to sub3 clause (I) shall be paid by the applica4 ble taxpayer to the Secretary over 

5 such period as is determined appro6 priate by the Secretary. 

7 ‘‘(v) APPLICABLE TAXPAYER.—For 

8 purposes of this subparagraph, the term 

9 ‘applicable taxpayer’ means any manufac10 turer (within the meaning of the regula11 tions prescribed by the Administrator of 

12 the Environmental Protection Agency for 

13 purposes of the administration of title II of 

14 the Clean Air Act (42 U.S.C. 7521 et 

15 seq.)).’’. 

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

17 this section shall apply to property placed in service after 

18 the date of enactment of this Act. 

19 SEC. 4. EXCLUSION OF OFFSHORING MANUFACTURERS 

20 UNDER ADVANCED TECHNOLOGY VEHICLES 

21 MANUFACTURING INCENTIVE PROGRAM. 

22 Section 136 of the Energy Independence and Security 

23 Act of 2007 (42 U.S.C. 17013) is amended— 

24 (1) by striking subsection (e) and inserting the 

25 following: 

12 

•S 3397 IS

1 ‘‘(e) ELIGIBILITY; REQUIREMENT TO NOT OFF2 SHORE MANUFACTURING.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) APPLICABLE PERIOD.—The term ‘ap5 plicable period’, with respect to a covered enti6 ty, means the 10-year period following the date 

7 on which the covered entity, as applicable— 

8 ‘‘(i) receives the full amount of a facil9 ity funding award under subsection (b); or 

10 ‘‘(ii) fully pays back a direct loan re11 ceived under subsection (d). 

12 ‘‘(B) COVERED ENTITY.—The term ‘cov13 ered entity’ means an entity that— 

14 ‘‘(i) produces, manufactures, or car15 ries out the final assembly of motor vehi16 cles; and 

17 ‘‘(ii) receives, after the date of enact18 ment of the Putting American Autoworkers 

19 First Act of 2023— 

20 ‘‘(I) a facility funding award 

21 under subsection (b); or 

22 ‘‘(II) a direct loan under sub23 section (d). 

13 

•S 3397 IS

1 ‘‘(C) PROHIBITED ACTIVITY.—The term 

2 ‘prohibited activity’, with respect to an entity 

3 described in subparagraph (B)(i), means— 

4 ‘‘(i) moving the domestic production, 

5 manufacturing, or final assembly of any 

6 vehicle or any component part of a vehicle 

7 outside of the United States; and 

8 ‘‘(ii) reducing or eliminating produc9 tion, manufacturing, or final assembly of 

10 any vehicle or any component part of a ve11 hicle in the United States and subse12 quently obtaining such vehicle or compo13 nent part from a producer or manufacturer 

14 located outside of the United States. 

15 ‘‘(2) ELIGIBILITY.—Beginning on the date of 

16 enactment of the Putting American Autoworkers 

17 First Act of 2023, no entity described in clause (i) 

18 of paragraph (1)(B) shall be eligible for an award or 

19 loan described in clause (ii) of that paragraph if that 

20 entity (or a subsidiary of that entity) has carried out 

21 a prohibited activity as of that date. 

22 ‘‘(3) REQUIREMENTS.— 

23 ‘‘(A) IN GENERAL.—As a condition of re24 ceiving an award or loan described in paragraph 

14 

•S 3397 IS

1 (1)(B)(ii), a covered entity may not, during the 

2 applicable period— 

3 ‘‘(i) carry out any prohibited activity; 

4 or 

5 ‘‘(ii) fail to satisfy the requirement 

6 under subparagraph (C). 

7 ‘‘(B) SUBSIDIARY REQUIREMENT.—The re8 quirement under subparagraph (A)(i) shall 

9 apply to each subsidiary of a covered entity, if 

10 applicable. 

11 ‘‘(C) REPORT.—Not later than 1 year 

12 after the date of enactment of the Putting 

13 American Autoworkers First Act of 2023, and 

14 annually thereafter until the end of the applica15 ble period, each covered entity shall provide to 

16 the Secretary such information as the Secretary 

17 may require to demonstrate that the covered 

18 entity (including each subsidiary, if applicable) 

19 has not carried out a prohibited activity. 

20 ‘‘(4) NONCOMPLIANCE.— 

21 ‘‘(A) IN GENERAL.—If a covered entity be22 comes noncompliant with the requirements 

23 under paragraph (3), the covered entity shall 

24 pay to the Secretary— 

15 

•S 3397 IS

1 ‘‘(i) in the case of receiving an award, 

2 200 percent of the amount of the award; 

3 and 

4 ‘‘(ii) in the case of receiving a loan, 

5 the amount of the loan, at a schedule de6 termined by the Secretary, at an interest 

7 rate that is double the higher of— 

8 ‘‘(I) the interest rate; and 

9 ‘‘(II) the subsidy rate. 

10 ‘‘(B) PERIOD OF PAYMENT.—Any payment 

11 imposed pursuant to subparagraph (A) shall be 

12 paid by the covered entity to the Secretary over 

13 such period as is determined appropriate by the 

14 Secretary.’’; and 

15 (2) by redesignating subsection (m) as sub16 section (l). 

17 SEC. 5. EXCLUSION OF OFFSHORING MANUFACTURERS 

18 UNDER DOMESTIC MANUFACTURING CON19 VERSION GRANT PROGRAM. 

20 Section 712(a) of the Energy Policy Act of 2005 (42 

21 U.S.C. 16062(a)) is amended— 

22 (1) in paragraph (2)— 

23 (A) by striking ‘‘The program’’ and insert24 ing the following: 

25 ‘‘(A) IN GENERAL.—The program’’; and 

16 

•S 3397 IS

1 (B) by adding at the end the following: 

2 ‘‘(B) ELIGIBILITY.—Beginning on the date 

3 of enactment of the Putting American Auto4 workers First Act of 2023, no entity described 

5 in paragraph (4)(A)(ii)(I) shall be eligible for a 

6 grant or loan guarantee under this paragraph if 

7 that entity (or a subsidiary of that entity) has 

8 carried out a prohibited activity (as defined in 

9 paragraph (4)(A)) as of that date.’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(4) REQUIREMENT TO NOT OFFSHORE MANU12 FACTURING.— 

13 ‘‘(A) DEFINITIONS.—In this paragraph: 

14 ‘‘(i) APPLICABLE PERIOD.—The term 

15 ‘applicable period’, with respect to a cov16 ered entity, means the 10-year period fol17 lowing the date on which the covered enti18 ty, as applicable— 

19 ‘‘(I) receives the full amount of 

20 grant funds under paragraph (2); or 

21 ‘‘(II) fully pays back the loan for 

22 which a guarantee is provided under 

23 that paragraph. 

17 

•S 3397 IS

1 ‘‘(ii) COVERED ENTITY.—The term 

2 ‘covered entity’ means an entity described 

3 in paragraph (2) that— 

4 ‘‘(I) produces, manufactures, or 

5 carries out the final assembly of 

6 motor vehicles; and 

7 ‘‘(II) receives, after the date of 

8 enactment of the Putting American 

9 Autoworkers First Act of 2023, a 

10 grant or loan guarantee under that 

11 paragraph. 

12 ‘‘(iii) PROHIBITED ACTIVITY.—The 

13 term ‘prohibited activity’, with respect to 

14 an entity described in clause (ii)(I), 

15 means— 

16 ‘‘(I) moving the domestic produc17 tion, manufacturing, or final assembly 

18 of any vehicle or any component part 

19 of a vehicle outside of the United 

20 States; and 

21 ‘‘(II) reducing or eliminating pro22 duction, manufacturing, or final as23 sembly of any vehicle or any compo24 nent part of a vehicle in the United 

25 States and subsequently obtaining 

18 

•S 3397 IS

1 such vehicle or component part from a 

2 producer or manufacturer located out3 side of the United States. 

4 ‘‘(B) REQUIREMENTS.— 

5 ‘‘(i) IN GENERAL.—As a condition of 

6 receiving a grant or loan guarantee under 

7 paragraph (2), a covered entity may not, 

8 during the applicable period— 

9 ‘‘(I) carry out any prohibited ac10 tivity; or 

11 ‘‘(II) fail to satisfy the require12 ment under clause (iii). 

13 ‘‘(ii) SUBSIDIARY REQUIREMENT.— 

14 The requirement under clause (i)(I) shall 

15 apply to each subsidiary of a covered enti16 ty, if applicable. 

17 ‘‘(iii) REPORT.—Not later than 1 year 

18 after the date of enactment of the Putting 

19 American Autoworkers First Act of 2023, 

20 and annually thereafter until the end of 

21 the applicable period, each covered entity 

22 shall provide to the Secretary such infor23 mation as the Secretary may require to 

24 demonstrate that the covered entity (inVerDate Sep 11 2014 19:50 Dec 18, 2023 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3397.IS S3397
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1 cluding each subsidiary, if applicable) has 

2 not carried out a prohibited activity. 

3 ‘‘(C) NONCOMPLIANCE.— 

4 ‘‘(i) IN GENERAL.—If a covered entity 

5 becomes noncompliant with the require6 ments under subparagraph (B), the cov7 ered entity shall pay to the Secretary— 

8 ‘‘(I) in the case of receiving a 

9 grant, 200 percent of the amount of 

10 the grant; and 

11 ‘‘(II) in the case of receiving a 

12 loan guarantee, an amount that is 

13 double the cost incurred by the Sec14 retary for administering that loan 

15 guarantee. 

16 ‘‘(ii) PERIOD OF PAYMENT.—Any pay17 ment imposed pursuant to clause (i) shall 

18 be paid by the covered entity to the Sec19 retary over such period as is determined 

20 appropriate by the Secretary.’’. 

20 

•S 3397 IS

1 SEC. 6. EXCLUSION OF OFFSHORING MANUFACTURERS 

2 UNDER PUBLIC SCHOOL ENERGY IMPROVE3 MENT PROGRAM. 

4 Section 40541(f) of the Investment Infrastructure 

5 and Jobs Act (42 U.S.C. 18831(f)) is amended by adding 

6 at the end the following: 

7 ‘‘(5) USE OF GRANT FUNDS RELATING TO

8 MOTOR VEHICLE MANUFACTURERS.— 

9 ‘‘(A) DEFINITIONS.—In this paragraph: 

10 ‘‘(i) APPLICABLE PERIOD.—The term 

11 ‘applicable period’, with respect to a cov12 ered entity, means the 10-year period fol13 lowing the date on which the covered entity 

14 contracts with an eligible entity as de15 scribed in clause (ii)(II). 

16 ‘‘(ii) COVERED ENTITY.—The term 

17 ‘covered entity’ means an entity that— 

18 ‘‘(I) produces, manufactures, or 

19 carries out the final assembly of 

20 motor vehicles; and 

21 ‘‘(II) after the date of enactment 

22 of the Putting American Autoworkers 

23 First Act of 2023, contracts with an 

24 eligible entity to make energy im25 provements pursuant to a grant proVerDate Sep 11 2014 19:50 Dec 18, 2023 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3397.IS S3397
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1 vided to the eligible entity under this 

2 section. 

3 ‘‘(iii) PROHIBITED ACTIVITY.—The 

4 term ‘prohibited activity’, with respect to 

5 an entity described in clause (ii)(I), 

6 means— 

7 ‘‘(I) moving the domestic produc8 tion, manufacturing, or final assembly 

9 of any vehicle or any component part 

10 of a vehicle outside of the United 

11 States; and 

12 ‘‘(II) reducing or eliminating pro13 duction, manufacturing, or final as14 sembly of any vehicle or any compo15 nent part of a vehicle in the United 

16 States and subsequently obtaining 

17 such vehicle or component part from a 

18 producer or manufacturer located out19 side of the United States. 

20 ‘‘(B) PROHIBITION.—Beginning on the 

21 date of enactment of the Putting American 

22 Autoworkers First Act of 2023, an eligible enti23 ty receiving a grant under this section may not 

24 use grant amounts to contract with, for the 

25 purpose of making energy improvements, an enVerDate Sep 11 2014 19:50 Dec 18, 2023 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3397.IS S3397
22 

•S 3397 IS

1 tity described in subparagraph (A)(ii)(I), or a 

2 subsidiary of such an entity, if that entity or 

3 subsidiary has carried out a prohibited activity 

4 as of that date. 

5 ‘‘(C) REQUIREMENTS ON MOTOR VEHICLE

6 MANUFACTURERS.—A covered entity may not, 

7 as a condition of the contract with the eligible 

8 entity, during the applicable period— 

9 ‘‘(i) carry out a prohibited activity; or 

10 ‘‘(ii) fail to satisfy the requirement 

11 under subparagraph (E). 

12 ‘‘(D) SUBSIDIARY REQUIREMENT.—The re13 quirement under subparagraph (C)(i) shall 

14 apply to each subsidiary of a covered entity, if 

15 applicable. 

16 ‘‘(E) NOTICE TO COVERED ENTITY.—If an 

17 eligible entity intends to use proceeds from a 

18 grant under this section to purchase, lease, li19 cense, or contract for a motor vehicle from a 

20 covered entity, the eligible entity shall notify the 

21 covered entity that the sale, lease, license, or 

22 contract is being carried out using a grant 

23 under this section. 

24 ‘‘(F) REPORT.—Not later than 1 year 

25 after the date of enactment of the Putting 

23 

•S 3397 IS

1 American Autoworkers First Act of 2023, and 

2 annually thereafter until the end of the applica3 ble period, each covered entity shall provide to 

4 the Secretary such information as the Secretary 

5 may require to demonstrate that the covered 

6 entity (including each subsidiary, if applicable) 

7 has not carried out a prohibited activity. 

8 ‘‘(G) NONCOMPLIANCE.— 

9 ‘‘(i) IN GENERAL.—If a covered entity 

10 becomes noncompliant with the require11 ments under subparagraph (C), the cov12 ered entity shall pay to the Secretary the 

13 Federal funds paid by the eligible entity to 

14 the covered entity under the applicable 

15 contract. 

16 ‘‘(ii) PERIOD OF PAYMENT.—Any pay17 ment imposed pursuant to clause (i) shall 

18 be paid by the covered entity to the Sec19 retary over such period as is determined 

20 appropriate by the Secretary.’’. 

21 SEC. 7. EXCLUSION OF OFFSHORING MANUFACTURERS 

22 UNDER STATE ENERGY PROGRAM. 

23 Section 362 of the Energy Policy and Conservation 

24 Act (42 U.S.C. 6322) is amended by adding at the end 

25 the following: 

24 

•S 3397 IS

1 ‘‘(h) USE OF FUNDS RELATING TO MOTOR VEHICLE

2 MANUFACTURERS.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) APPLICABLE PERIOD.—The term ‘ap5 plicable period’, with respect to a covered enti6 ty, means the 10-year period following the date 

7 on which the covered entity contracts with a 

8 State as described in subparagraph (B)(ii). 

9 ‘‘(B) COVERED ENTITY.—The term ‘cov10 ered entity’ means an entity that— 

11 ‘‘(i) produces, manufactures, or car12 ries out the final assembly of motor vehi13 cles; and 

14 ‘‘(ii) after the date of enactment of 

15 the Putting American Autoworkers First 

16 Act of 2023, contracts with a State to 

17 carry out an energy conservation goal pur18 suant to a State energy conservation plan 

19 submitted under this section. 

20 ‘‘(C) PROHIBITED ACTIVITY.—The term 

21 ‘prohibited activity’, with respect to an entity 

22 described in subparagraph (B)(i), means— 

23 ‘‘(i) moving the domestic production, 

24 manufacturing, or final assembly of any 

25 

•S 3397 IS

1 vehicle or any component part of a vehicle 

2 outside of the United States; and 

3 ‘‘(ii) reducing or eliminating produc4 tion, manufacturing, or final assembly of 

5 any vehicle or any component part of a ve6 hicle in the United States and subse7 quently obtaining such vehicle or compo8 nent part from a producer or manufacturer 

9 located outside of the United States. 

10 ‘‘(2) PROHIBITION.—Beginning on the date of 

11 enactment of the Putting American Autoworkers 

12 First Act of 2023, a State carrying out a State en13 ergy conservation plan submitted under this section 

14 may not contract with, for the purpose of carrying 

15 out an energy conservation goal, an entity described 

16 in paragraph (1)(B)(i), or a subsidiary of such an 

17 entity, if that entity or subsidiary has carried out a 

18 prohibited activity as of that date. 

19 ‘‘(3) REQUIREMENTS ON MOTOR VEHICLE MAN20 UFACTURERS.—A covered entity may not, as a con21 dition of the contract with the State, during the ap22 plicable period— 

23 ‘‘(A) carry out a prohibited activity; or 

24 ‘‘(B) fail to satisfy the requirement under 

25 paragraph (5). 

26 

•S 3397 IS

1 ‘‘(4) SUBSIDIARY REQUIREMENT.—The require2 ment under paragraph (3)(A) shall apply to each 

3 subsidiary of a covered entity, if applicable. 

4 ‘‘(5) NOTICE TO COVERED ENTITY.—If a State 

5 carrying out a State energy conservation plan sub6 mitted under this section intends to purchase, lease, 

7 license, or contract for a motor vehicle from a cov8 ered entity, the State shall notify the covered entity 

9 that the sale, lease, license, or contract is being car10 ried out as part of the State energy conservation 

11 plan submitted under this section. 

12 ‘‘(6) REPORT.—Not later than 1 year after the 

13 date of enactment of the Putting American Auto14 workers First Act of 2023, and annually thereafter 

15 until the end of the applicable period, each covered 

16 entity shall provide to the Secretary such informa17 tion as the Secretary may require to demonstrate 

18 that the covered entity (including each subsidiary, if 

19 applicable) has not carried out a prohibited activity. 

20 ‘‘(7) NONCOMPLIANCE.— 

21 ‘‘(A) IN GENERAL.—If a covered entity be22 comes noncompliant with the requirements 

23 under paragraph (3), the covered entity shall 

24 pay to the Secretary the Federal funds paid by 

27 

•S 3397 IS

1 the State to the covered entity under the appli2 cable contract. 

3 ‘‘(B) PERIOD OF PAYMENT.—Any payment 

4 imposed pursuant to subparagraph (A) shall be 

5 paid by the covered entity to the Secretary over 

6 such period as is determined appropriate by the 

7 Secretary.’’. 

8 SEC. 8. EXCLUSION OF OFFSHORING MANUFACTURERS 

9 UNDER BUS GRANT PROGRAMS. 

10 Section 5339(b) of title 49, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(12) REQUIRE TO NOT OFFSHORE MANUFAC13 TURING.— 

14 ‘‘(A) DEFINITIONS.—In this paragraph: 

15 ‘‘(i) APPLICABLE PERIOD.—The term 

16 ‘applicable period’, with respect to a cov17 ered entity, means the 10-year period fol18 lowing the date on which the covered entity 

19 receives the full amount of funds provided 

20 under this subsection. 

21 ‘‘(ii) COVERED ENTITY.—The term 

22 ‘covered entity’ means an entity that— 

23 ‘‘(I) produces, manufactures, or 

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28 

•S 3397 IS

1 cle , or any subsidiary of such entity; 

2 and 

3 ‘‘(II) receives, after the date of 

4 enactment of the Putting American 

5 Autoworkers First Act of 2023, as6 sistance under this subsection from an 

7 eligible recipient. 

8 ‘‘(iii) PROHIBITED ACTIVITY.—The 

9 term ‘prohibited activity’, with respect to 

10 an covered entity, means— 

11 ‘‘(I) moving the domestic produc12 tion, manufacturing, or final assembly 

13 of any vehicle or any component part 

14 of a vehicle outside of the United 

15 States; and 

16 ‘‘(II) reducing or eliminating pro17 duction, manufacturing, or final as18 sembly of any vehicle or any compo19 nent part of a vehicle in the United 

20 States and subsequently obtaining 

21 such vehicle or component part from a 

22 producer or manufacturer located out23 side of the United States. 

24 ‘‘(B) ELIGIBILITY.—Beginning on the date 

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29 

•S 3397 IS

1 workers First Act of 2023, no entity described 

2 in subclause (I) of subparagraph (A)(ii) shall be 

3 eligible for assistance under this subsection if 

4 that entity (or a subsidiary of that entity) has 

5 carried out a prohibited activity as of that date. 

6 ‘‘(C) REQUIREMENTS.— 

7 ‘‘(i) IN GENERAL.—As a condition of 

8 receiving funds under this subsection, a 

9 covered entity may not, during the applica10 ble period— 

11 ‘‘(I) carry out any prohibited ac12 tivity; or 

13 ‘‘(II) fail to satisfy the require14 ment under clause (iii). 

15 ‘‘(ii) SUBSIDIARY REQUIREMENT.— 

16 The requirement under clause (i)(I) shall 

17 apply to each subsidiary of a covered enti18 ty, if applicable. 

19 ‘‘(iii) NOTICE TO COVERED ENTITY.— 

20 If an eligible recipient is not a covered en21 tity and the eligible recipient intends to 

22 use proceeds from an award under this 

23 subsection to purchase, lease, license, or 

24 contract for a vehicle from a covered enti25 ty, the eligible recipient shall notify the 

30 

•S 3397 IS

1 covered entity that the sale, lease, license, 

2 or contract is being carried out using pro3 ceeds from an award under this subsection. 

4 ‘‘(iv) REPORT.—Not later than 1 year 

5 after the date of enactment of the Putting 

6 American Autoworkers First Act of 2023, 

7 and annually thereafter until the end of 

8 the applicable period, a covered entity shall 

9 provide the Secretary such information as 

10 the Secretary may require to demonstrate 

11 that the covered entity (including each 

12 subsidiary, if applicable) has not carried 

13 out a prohibited activity. 

14 ‘‘(D) NONCOMPLIANCE.— 

15 ‘‘(i) IN GENERAL.—If a covered entity 

16 that receives assistance under this sub17 section after the date of enactment of this 

18 paragraph becomes noncompliant with the 

19 requirements under subparagraph (C), the 

20 covered entity shall pay to the Secretary 

21 an amount equal to 100 percent of the 

22 amount that consumers of the covered en23 tity paid to the covered entity of assistance 

24 under this subsection. 

31 

•S 3397 IS

1 ‘‘(ii) PERIOD OF PAYMENT.—Any pay2 ment imposed pursuant to clause (i) shall 

3 be paid by the covered entity to the Sec4 retary over such period as is determined 

5 appropriate by the Secretary.’’. 

6 SEC. 9. EXCLUSION OF OFFSHORING MANUFACTURERS 

7 UNDER LOW OR NO EMISSION GRANT PRO8 GRAM. 

9 Section 5339(c) of title 49, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(9) REQUIRE TO NOT OFFSHORE MANUFAC12 TURING.— 

13 ‘‘(A) DEFINITIONS.—In this paragraph: 

14 ‘‘(i) APPLICABLE PERIOD.—The term 

15 ‘applicable period’, with respect to a cov16 ered entity, means the 10-year period fol17 lowing the date on which the covered entity 

18 receives the full amount of funds provided 

19 under this subsection. 

20 ‘‘(ii) COVERED ENTITY.— The term 

21 ‘covered entity’ means an entity that— 

22 ‘‘(I) produces, manufactures, or 

23 carries out the final assembly of vehi24 cles, or any subsidiary of such entity; 

25 and 

32 

•S 3397 IS

1 ‘‘(II) receives, after the date of 

2 enactment of the Putting American 

3 Autoworkers First Act of 2023, as4 sistance from a recipient under this 

5 subsection. 

6 ‘‘(iii) PROHIBITED ACTIVITY.—The 

7 term ‘prohibited activity’, with respect to 

8 an covered entity, means— 

9 ‘‘(I) moving the domestic produc10 tion, manufacturing, or final assembly 

11 of any vehicle or any component part 

12 of a vehicle outside of the United 

13 States; and 

14 ‘‘(II) reducing or eliminating pro15 duction, manufacturing, or final as16 sembly of any vehicle or any compo17 nent part of a vehicle in the United 

18 States and subsequently obtaining 

19 such vehicle or component part from a 

20 producer or manufacturer located out21 side of the United States. 

22 ‘‘(B) ELIGIBILITY.—Beginning on the date 

23 of enactment of the Putting American Auto24 workers First Act of 2023, no entity described 

25 in subclause (I) of subparagraph (A)(ii) shall be 

33 

•S 3397 IS

1 eligible for assistance under this subsection if 

2 that entity (or a subsidiary of that entity) has 

3 carried out a prohibited activity as of that date. 

4 ‘‘(C) REQUIREMENTS.— 

5 ‘‘(i) IN GENERAL.—As a condition of 

6 receiving assistance under this subsection, 

7 a covered entity may not, during the appli8 cable period— 

9 ‘‘(I) carry out a prohibited activ10 ity; or 

11 ‘‘(II) fail to satisfy the require12 ment under clause (iii). 

13 ‘‘(ii) SUBSIDIARY REQUIREMENT.— 

14 The requirement under clause (i)(I) shall 

15 apply to each subsidiary of a covered enti16 ty, if applicable. 

17 ‘‘(iii) NOTICE TO COVERED ENTITY.— 

18 If a recipient is not a covered entity and 

19 the recipient intends to use proceeds from 

20 an award under this subsection to pur21 chase, lease, license, or contract for a vehi22 cle from a covered entity, the recipient 

23 shall notify the covered entity that the 

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34 

•S 3397 IS

1 ried out using proceeds from an award 

2 under this subsection. 

3 ‘‘(iv) REPORT.—Not later than 1 year 

4 after the date of enactment of the Putting 

5 American Autoworkers First Act of 2023, 

6 and annually thereafter until the end of 

7 the applicable period, a covered entity shall 

8 provide the Secretary such information as 

9 the Secretary may require to demonstrate 

10 that the covered entity (including each 

11 subsidiary, if applicable) has not carried 

12 out a prohibited activity. 

13 ‘‘(D) NONCOMPLIANCE.— 

14 ‘‘(i) IN GENERAL.—If a covered entity 

15 that receives a grant under this subsection 

16 after the date of enactment of this para17 graph becomes noncompliant with the re18 quirements under subparagraph (C), the 

19 covered entity shall pay to the Secretary 

20 an amount equal to 100 percent of the 

21 amount that consumers of the covered en22 tity paid to the covered entity of the grant 

23 under this subsection. 

24 ‘‘(ii) PERIOD OF PAYMENT.—Any pay25 ment imposed pursuant to clause (i) shall 

35 

•S 3397 IS

1 be paid by the covered entity to the Sec2 retary over such period as is determined 

3 appropriate by the Secretary.’’. 

4 SEC. 10. EXCLUSION OF OFFSHORING MANUFACTURERS 

5 UNDER CLEAN SCHOOL BUS PROGRAM. 

6 Section 741 of the Energy Policy Act of 2005 (42 

7 U.S.C. 16091) is amended— 

8 (1) in subsection (b)— 

9 (A) in paragraph (6), by adding at the end 

10 the following: 

11 ‘‘(C) LIMITATION.—An award under this 

12 section may not be used for the sale, lease, li13 censing, or contracting for— 

14 ‘‘(i) a motor vehicle (as defined in 

15 paragraph (8)(A)) produced, manufac16 tured, or assembled by an entity, including 

17 a subsidiary of such an entity, that fails to 

18 comply with paragraph (8)(B)(i); or 

19 ‘‘(ii) charging or fueling infrastruc20 ture produced, manufactured, or assembled 

21 by an entity, including a subsidiary of such 

22 an entity, that fails to comply with para23 graph (8)(B)(i).’’; 

24 (B) by redesignating paragraph (8) as 

25 paragraph (9); and 

36 

•S 3397 IS

1 (C) by inserting after paragraph (7) the 

2 following: 

3 ‘‘(8) REQUIREMENT TO NOT OFFSHORE MANU4 FACTURING.— 

5 ‘‘(A) DEFINITIONS.—In this paragraph: 

6 ‘‘(i) APPLICABLE PERIOD.—The term 

7 ‘applicable period’, with respect to a cov8 ered entity, means the 10-year period fol9 lowing the date on which the covered entity 

10 receives proceeds from an award under 

11 paragraph (1), including by receiving pro12 ceeds through a sale, lease, license, or con13 tract for a motor vehicle from an eligible 

14 recipient using that award. 

15 ‘‘(ii) COVERED ENTITY.—The term 

16 ‘covered entity’ means an entity that— 

17 ‘‘(I) produces, manufactures, or 

18 carries out the final assembly of 

19 motor vehicles; and 

20 ‘‘(II) receives, after the date of 

21 enactment of the Putting American 

22 Autoworkers First Act of 2023, pro23 ceeds from an award under paragraph 

24 (1), including by receiving proceeds 

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37 

•S 3397 IS

1 tract for a motor vehicle from an eli2 gible recipient using an award under 

3 paragraph (1). 

4 ‘‘(iii) MOTOR VEHICLE.—The term 

5 ‘motor vehicle’ has the meaning given the 

6 term in section 30D(d) of the Internal 

7 Revenue Code of 1986. 

8 ‘‘(iv) PROHIBITED ACTIVITY.—The 

9 term ‘prohibited activity’, with respect to 

10 an entity described in clause (ii)(I), 

11 means— 

12 ‘‘(I) moving the domestic produc13 tion, manufacturing, or final assembly 

14 of any motor vehicle or any compo15 nent part of a motor vehicle outside of 

16 the United States; and 

17 ‘‘(II) reducing or eliminating pro18 duction, manufacturing, or final as19 sembly of any motor vehicle or any 

20 component part of a motor vehicle in 

21 the United States and subsequently 

22 obtaining such motor vehicle or com23 ponent part from a producer or manu24 facturer located outside of the United 

25 States. 

38 

•S 3397 IS

1 ‘‘(B) REQUIREMENTS.— 

2 ‘‘(i) IN GENERAL.—As a condition of 

3 receiving proceeds from an award under 

4 paragraph (1), including by receiving pro5 ceeds through a sale, lease, license, or con6 tract for a motor vehicle from an eligible 

7 recipient using an award under paragraph 

8 (1), a covered entity may not, during the 

9 applicable period— 

10 ‘‘(I) carry out any prohibited ac11 tivity; or 

12 ‘‘(II) fail to satisfy the require13 ment under clause (iv). 

14 ‘‘(ii) SUBSIDIARY REQUIREMENT.— 

15 The requirement described in clause (i)(I) 

16 shall apply to each subsidiary of a covered 

17 entity, if applicable. 

18 ‘‘(iii) NOTICE TO COVERED ENTITY.— 

19 If an eligible recipient is not a covered en20 tity and the eligible recipient intends to 

21 use proceeds from an award under para22 graph (1) to purchase, lease, license, or 

23 contract for a motor vehicle from a covered 

24 entity, the eligible recipient shall notify the 

25 covered entity that the sale, lease, license, 

39 

•S 3397 IS

1 or contract is being carried out using pro2 ceeds from an award under that para3 graph. 

4 ‘‘(iv) REPORT.—Not later than 1 year 

5 after the date of enactment of the Putting 

6 American Autoworkers First Act of 2023, 

7 and annually thereafter until the end of 

8 the applicable period, each covered entity 

9 shall provide to the Administrator such in10 formation as the Administrator may re11 quire to demonstrate that the covered enti12 ty (including each subsidiary, if applicable) 

13 has not carried out a prohibited activity. 

14 ‘‘(C) NONCOMPLIANCE.— 

15 ‘‘(i) IN GENERAL.—If a covered entity 

16 becomes noncompliant with the require17 ments under subparagraph (B), the cov18 ered entity shall pay to the Administrator 

19 an amount equal to the total of all 

20 amounts received by the covered entity 

21 that are proceeds from awards under para22 graph (1). 

23 ‘‘(ii) PERIOD OF PAYMENT.—Any pay24 ment imposed pursuant to clause (i) shall 

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40 

•S 3397 IS

1 ministrator over such period as is deter2 mined appropriate by the Administrator.’’; 

3 and 

4 (2) in subsection (c)(3)(E), by striking ‘‘sub5 section (b)(7)’’ and inserting ‘‘subsection (b)(9)’’. 

6 SEC. 11. EXCLUSION OF OFFSHORING MANUFACTURERS 

7 UNDER CLEAN HEAVY-DUTY VEHICLES. 

8 Section 132 of the Clean Air Act (42 U.S.C. 7432) 

9 is amended— 

10 (1) by redesignating subsection (d) as sub11 section (f); and 

12 (2) by inserting after subsection (c) the fol13 lowing: 

14 ‘‘(d) REQUIREMENT TO NOT OFFSHORE MANUFAC15 TURING.— 

16 ‘‘(1) DEFINITIONS.—In this subsection: 

17 ‘‘(A) APPLICABLE PERIOD.—The term ‘ap18 plicable period’, with respect to a covered enti19 ty, means the 10-year period following the date 

20 on which the covered entity receives proceeds 

21 from an award under this section, including by 

22 receiving proceeds through a sale, lease, license, 

23 or contract for a motor vehicle from an eligible 

24 recipient using an award under this section. 

41 

•S 3397 IS

1 ‘‘(B) COVERED ENTITY.—The term ‘cov2 ered entity’ means an entity that— 

3 ‘‘(i) produces, manufactures, or car4 ries out the final assembly of motor vehi5 cles; and 

6 ‘‘(ii) receives, after the date of enact7 ment of the Putting American Autoworkers 

8 First Act of 2023, proceeds from an award 

9 under this section, including by receiving 

10 proceeds through a sale, lease, license, or 

11 contract for a motor vehicle from an eligi12 ble recipient using an award under this 

13 section. 

14 ‘‘(C) MOTOR VEHICLE.—The term ‘motor 

15 vehicle’ has the meaning given the term in sec16 tion 30D(d) of the Internal Revenue Code of 

17 1986. 

18 ‘‘(D) PROHIBITED ACTIVITY.—The term 

19 ‘prohibited activity’, with respect to an entity 

20 described in subparagraph (B)(i), means— 

21 ‘‘(i) moving the domestic production, 

22 manufacturing, or final assembly of any 

23 motor vehicle or any component part of a 

24 motor vehicle outside of the United States; 

25 and 

42 

•S 3397 IS

1 ‘‘(ii) reducing or eliminating produc2 tion, manufacturing, or final assembly of 

3 any motor vehicle or any component part 

4 of a motor vehicle in the United States and 

5 subsequently obtaining such motor vehicle 

6 or component part from a producer or 

7 manufacturer located outside of the United 

8 States. 

9 ‘‘(2) REQUIREMENTS.— 

10 ‘‘(A) IN GENERAL.—As a condition of re11 ceiving proceeds from an award under this sec12 tion, including by receiving proceeds through a 

13 sale, lease, license, or contract for a motor vehi14 cle from an eligible recipient using an award 

15 under this section, a covered entity may not, 

16 during the applicable period— 

17 ‘‘(i) carry out any prohibited activity; 

18 or 

19 ‘‘(ii) fail to satisfy the requirement 

20 under subparagraph (D). 

21 ‘‘(B) SUBSIDIARY REQUIREMENT.—The re22 quirement described in subparagraph (A)(i) 

23 shall apply to each subsidiary of a covered enti24 ty, if applicable. 

43 

•S 3397 IS

1 ‘‘(C) NOTICE TO COVERED ENTITY.—If an 

2 eligible recipient is not a covered entity and the 

3 eligible recipient intends to use proceeds from 

4 an award under this section to purchase, lease, 

5 license, or contract for a motor vehicle from a 

6 covered entity, the eligible recipient shall notify 

7 the covered entity that the sale, lease, license, 

8 or contract is being carried out using proceeds 

9 from an award under this section. 

10 ‘‘(D) REPORT.—Not later than 1 year 

11 after the date of enactment of the Putting 

12 American Autoworkers First Act of 2023, and 

13 annually thereafter until the end of the applica14 ble period, each covered entity shall provide to 

15 the Administrator such information as the Ad16 ministrator may require to demonstrate that 

17 the covered entity (including each subsidiary, if 

18 applicable) has not carried out a prohibited ac19 tivity. 

20 ‘‘(3) NONCOMPLIANCE.— 

21 ‘‘(A) IN GENERAL.—If a covered entity be22 comes noncompliant with the requirements 

23 under paragraph (2), the covered entity shall 

24 pay to the Administrator an amount equal to 

25 the total of all amounts received by the covered 

44 

•S 3397 IS

1 entity that are proceeds from awards under 

2 paragraph (1). 

3 ‘‘(B) PERIOD OF PAYMENT.—Any payment 

4 imposed pursuant to subparagraph (A) shall be 

5 paid by the covered entity to the Administrator 

6 over such period as is determined appropriate 

7 by the Administrator. 

8 ‘‘(e) LIMITATION.—An award under this section may 

9 not be used for— 

10 ‘‘(1) the sale, lease, licensing, or contracting for 

11 a motor vehicle (as defined in subsection (d)(1)) pro12 duced, manufactured, or assembled by an entity, in13 cluding a subsidiary of such an entity, that fails to 

14 comply with subsection (d)(2)(A); 

15 ‘‘(2) the sale, lease, licensing, or contracting for 

16 charging or fueling infrastructure produced, manu17 factured, or assembled by an entity, including a sub18 sidiary of such an entity, that fails to comply with 

19 subsection (d)(2)(A); or 

20 ‘‘(3) workforce development, training, planning, 

21 or technical activities carried out by an entity, in22 cluding a subsidiary of such an entity, that fails to 

23 comply with subsection (d)(2)(A).’’. 

Æ