H.R. 6175 - No Official Giveaways of Taxpayers' Income to Oppressive Nations (NO GOTION) Act

118TH CONGRESS
1ST SESSION

H.R. 6175

To amend the Internal Revenue Code of 1986 to deny certain green energy
tax benefits to companies connected to certain countries of concern.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 2, 2023

Mr. MOOLENAAR (for himself, Mr. LAHOOD, Mr. BOST, Mr. GIMENEZ,
Mr. BERGMAN, Mr. WALBERG, Mr. HUIZENGA, Mr. DUNN of Florida, Mrs. STEEL,
MR. SCHWEikert, Ms. MALLIOTAKIS, Ms. TENNEY, Mr. GALLAGHER, Mr. STEUBE,
Mr. FERGUSON, Mr. WITTMAN, Mr. LUETKEMEYER, Mrs. MCCLAIN, Mr. MURPHY,
Mr. JAMES, Mrs. MILLER of Illinois, and Ms. STEFANIK) 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 deny certain green energy tax benefits to companies connected to certain countries of concern.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the "No Official Giveaways of Taxpayers' Income to Oppressive Nations Act" or the "NO GOTION Act".

SEC. 2. DENIAL OF GREEN ENERGY TAX BENEFITS TO COMPANIES CONNECTED TO COUNTRIES OF CONCERN.

(a) IN GENERAL. — Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

“SEC. 7531. DENIAL OF GREEN ENERGY TAX BENEFITS TO COMPANIES CONNECTED TO COUNTRIES OF CONCERN.

“(a) IN GENERAL. — In the case of any disqualified company, this title shall be applied without regard to sections 30C, 40, 40A, 40B, 45, 45Q, 45U, 45V, 45W, 45X, 45Y, 45Z, 48, 48C, 48E, 179D, 6426(c), 6426(d), 6426(e), and 6427(e).

“(b) DISQUALIFIED COMPANY. — For purposes of this section —

“(1) IN GENERAL. — The term 'disqualified company' means —

“(A) any entity created or organized in, or controlled (in the aggregate) by, one or more countries of concern, and

“(B) any entity controlled (in the aggregate) by one or more entities described in paragraph (1).

“(2) COUNTRIES OF CONCERN. — The term 'countries of concern' means the People's Republic of China, Russia, the Islamic Republic of Iran, or the Democratic People's Republic of Korea.

“(3) CONTROL. — The term 'control' has the meaning given such term under section 954(d)(3), determined by treating the rules of section 958(a)(2) as applying to both foreign and domestic corporations, partnerships, trusts, and estates.".

(b) CLERICAL AMENDMENT. — The table of sections for chapter 77 of such Code is amended by adding at the end the following new item:

“Sec. 7531. Denial of green energy tax benefits to companies connected to countries of concern.".

(c) EFFECTIVE DATE. — The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.