EV credit rules could end under bipartisan, bicameral resolution offered by Miller, Fischer

U.S. Rep. Carol Miller (R-WV) and U.S. Sen. Deb Fischer (R-NE) on May 16 proposed a bipartisan, bicameral resolution that would denounce and repeal a U.S. Treasury Department clean vehicle credits rulemaking related to electric vehicles (EVs).

While current law states that beginning in 2025, any EVs with batteries containing any critical minerals or components from a foreign adversary are ineligible for tax credits under sections 30D and 25E, a final rule released by the Treasury Department states that Chinese materials may be used for the manufacturing of EVs and still qualify for the credit, according to information provided by the lawmakers.

If passed, the resolution unveiled by Rep. Miller and Sen. Fischer would force the Biden administration to rewrite this rule to exclude adversaries from receiving American tax credits.

“President Biden wants to prop up America’s transition to EVs by keeping Chinese graphite flowing into the United States. As usual, China will profit richly off the administration’s green energy dreams. If Joe Biden wants to force EVs on Americans, he should at least find another source of graphite,” said Sen. Fischer, who cosponsored Senate Joint Resolution 87 alongside sponsor U.S. Sen. Joe Manchin (D-WV), while Rep. Miller sponsored House Joint Resolution 148 with lead cosponsor U.S. Rep. Jared Golden (D-ME).

“The Biden administration’s final rule on the Electric Vehicle Credit makes it clear that they are prioritizing misguided Green New Deal products coming from China over American investment in our domestic supply chain,” Rep. Miller said. “Not only is this rulemaking clearly illegal, but it also undermines American manufacturing and economic growth.”

Allowing Chinese entities to deluge the United States with products that should and can be made in America is a betrayal of American manufacturers and producers, added the congresswoman. 

“Our adversaries should not have access to American tax credits, plain and simple,” she said. “This bipartisan, bicameral Congressional Review Act resolution holds the Biden administration accountable for the economic and national security disasters they are bestowing upon the American people.”