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G*AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548
B-336826
November 12, 2024
The Honorable Ron Wyden
Chairman
The Honorable Mike Crapo
Ranking Member
Committee on Finance
United States Senate
The Honorable Jason Smith
Chairman
The Honorable Richard Neal
Ranking Member
Committee on Ways and Means
House of Representatives
Subject: Department of the Treasury, Internal Revenue Service: Advanced Manufacturing
Production Credit
Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of the Treasury, Internal Revenue Service (IRS) titled
Advanced Manufacturing Production Credit (RIN: 1545-BQ85). We received the rule on
October 28, 2024. It was published in the Federal Register on October 28, 2024. 89 Fed.
Reg. 85798. The stated effective date of the rule is December 27, 2024.
According to IRS, this rule concerns the advanced manufacturing production credit established
by the Inflation Reduction Act of 2022 to incentivize the production of eligible components within
the United States. See generally, Inflation Reduction Act of 2022, Pub. L. No. 117-169,
§ 13502, 136 Stat. 1968 (Aug. 16, 2022). IRS stated that eligible components include certain
solar energy components, wind energy components, inverters, qualifying battery components,
and applicable critical minerals. IRS also stated that the rule addresses specific recordkeeping
and reporting requirements. IRS stated further that the rule affects eligible taxpayers who
produce and sell eligible components and intend to claim the benefit of an advanced
manufacturing production credit, including by making elective payment or credit transfer
elections.
The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). This rule was published in the Federal Register on
October 28, 2024. 89 Fed. Reg. 85798. As of the date of this report, the Congressional Record
does not indicate when the House and Senate received the rule. However, IRS provided proof
of delivery to both Houses of Congress on October 31, 2024. Email from Federal Register
Liaison, IRS, to Senior Attorney, GAO, Subject: RE: [EXT] RE: CRA Submission: TD 10010](ViewImageLocal?handle=hein.gao/gaorav0001&div=1&collection=&method=preview&ext=.png&size=3)