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The Biden Administration’s Inflation Reduction Act gives foreign entities, including foreign adversaries, opportunities to receive generous tax credits regardless if their work puts American manufacturers out of business.

Ahead of the Biden Administration’s release of guidance for the “45X” production tax credit, U.S. Senator Marco Rubio (R-FL) introduced the Protecting American Advanced Manufacturing Act to ensure that nations aiming to weaken the U.S., including Communist China, do not receive American tax credits.

• “President Biden has prioritized a radical climate agenda ahead of our national security, and his Inflation Reduction Act is giving foreign adversaries the opportunity to benefit from U.S. tax dollars while they simultaneously put American companies out of business. I am proud to introduce the Protecting American Advanced Manufacturing Act, which would ensure that future benefits for American companies do not end up in the hands of our adversaries.” – Senator Rubio

U.S. Representative Carol Miller (R-WV) will introduce companion legislation in the House. 

• “The Biden Administration allowing China to access American tax credits is unacceptable. The weak guardrails from the Administration for the 45X tax credits continues to give China an advantage over American manufacturers, effectively killing American jobs and stifling innovation.  The government’s first responsibility is to protect the United States, not give handouts to our adversaries. The Biden Administration and Washington Democrats have failed American taxpayers and American businesses on every account. We need a strategic decoupling from China; stopping them from taking our tax credits is the bare minimum.” – Congresswoman Miller

The Protecting American Advanced Manufacturing Act would block the following from receiving credits: 

• Any company that is owned, controlled by, operated by, under the substantial influence of, or organized under the laws of a foreign adversary;
• Any company whose equity interests are substantially held by a foreign adversary (10 percent or more);
• Any company whose management, ownership, or operations are directly controlled by a foreign adversary; or
• Any company that is controlled by a foreign adversary through a “prohibited financial arrangement,” including: debt, lease or sublease agreements, management or operating arrangements, contract manufacturing arrangements, licensing arrangements, and financial derivatives.

Want more information?

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