I 

116TH CONGRESS 

1ST SESSION H. R. 5393 

To amend the Internal Revenue Code of 1986 to revise the incentives for 

electric vehicles, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2019 

Ms. SPEIER (for herself, Ms. NORTON, Mrs. TORRES of California, Mr. 

TAKANO, Mr. POCAN, Mr. RYAN, Mrs. WATSON COLEMAN, Ms. MCCOLLUM, Mr. VARGAS, Ms. MENG, Ms. ROYBAL-ALLARD, Mr. HUFFMAN, Mr. 

NORCROSS, Mr. GARAMENDI, Mr. QUIGLEY, Mr. DESAULNIER, Ms. KAPTUR, Mr. SIRES, Mr. MCNERNEY, Ms. MATSUI, Mr. CRIST, Mr. 

LOWENTHAL, Mr. CUELLAR, Ms. TLAIB, Mrs. DINGELL, Ms. BROWNLEY

of California, Mr. ROUDA, Ms. MOORE, Mr. GRIJALVA, Mr. CLEAVER, 

and Mr. CA ́RDENAS) 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 revise 

the incentives for electric vehicles, 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; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Affordable American-made Automobile Act’’. 

6 (b) FINDINGS.—Congress finds the following: 


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1 (1) The automobile industry is vital to the na2 tional economy and to national security. It employs 

3 millions of Americans and develops new technologies 

4 with widespread civilian and military application. 

5 (2) The global automobile industry is already in 

6 the midst of an historic transformation to electric 

7 vehicle technology. This transition has profound im8 plications for all Americans. 

9 (3) In critical measures of the global competi10 tion in the electric vehicle industry, the United 

11 States is behind China and is projected to fall fur12 ther behind. The United States is behind in total ve13 hicle sales, behind in the market share of new car 

14 sales, behind in investment, behind in battery manu15 facturing capacity, and behind in manufacturing ca16 pacity. The United States lags China to a great ex17 tent, but the United States is in third place in this 

18 competition, behind the European Union. 

19 (4) China sells half the electric vehicles sold in 

20 the world. In addition, China’s percent of new car 

21 market share of electric vehicles is twice that of the 

22 United States. In a few short years, the Chinese new 

23 market share of electric vehicles is expected to be 

24 triple the new market share in the United States. 


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1 (5) China is predicted to control about 75 per2 cent of the global battery capacity. 

3 (6) Global investment in electric vehicles is ex4 pected to reach $300 billion or even more; half of 

5 which is intended for China and only 10 percent for 

6 the United States. 

7 (7) There are 17 Chinese automobile manufac8 turers that have announced or undertaken electric 

9 vehicle investment. Even assuming some consolida10 tion of the Chinese industry, it will dwarf the num11 ber of manufacturers headquartered in the United 

12 States which is currently 4. 

13 (8) China supports its electric vehicle industry 

14 through a wide array of practices including state15 owned enterprises, direct subsidies, special access to 

16 financing, government guarantees of financing, ex17 emptions from various regulatory requirements, pub18 lic purchasing, favoritism for Chinese firms, restric19 tions on market entry to foreign competition, and 

20 regulatory mandates. 

21 (9) Chinese domination of the electric vehicle 

22 industry will inevitably erode United States auto23 mobile manufacturing and the United States supply 

24 chain potentially resulting in the loss of hundreds of 

25 thousands of jobs. Employment in the innovation 


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1 and research side of the industry has already begun 

2 a migration outside the United States. 

3 (10) United States communities are also cur4 rently suffering from extreme events of flood, wind, 

5 and fire, as well as health-threatening air pollution, 

6 all of which are related to a warming planet. Electric 

7 vehicles will play a critical role in reducing the pollu8 tion that contributes to these tragedies. 

9 (11) Without changes to public policy, the auto10 motive industry in the United States will face ag11 gressive competition from foreign companies, chiefly 

12 located in China, and will fight a competitive battle 

13 on grossly unequal terms due to foreign government 

14 policies that unfairly favor overseas manufacturers. 

15 (12) Such an unfair fight is unwinnable by pri16 vate industry alone and is therefore a national pri17 ority for the Government of the United States to 

18 enter on behalf of every current and future Amer19 ican. 

20 (13) The United States faces a moment of crit21 ical choice. It either makes the investments nec22 essary to achieve global competitive leadership in 

23 this key industry, or it will face profound and dire 

24 consequences to its economy and its national secu25 rity. 


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1 (14) The United States needs to stimulate de2 mand for electric vehicles from middle class con3 sumers. Tax incentives for the development of con4 venient fast charging infrastructure are essential. 

5 Investment is needed to support increased electric 

6 vehicle and battery manufacturing capacity. 

7 SEC. 2. EXPANSION OF TAX CREDIT FOR ELECTRIC DRIVE 

8 MOTOR VEHICLES. 

9 (a) APPLICATION TO NEW AND USED BATTERY

10 ELECTRIC MOTOR VEHICLES.— 

11 (1) IN GENERAL.—Section 30D(a) of the Inter12 nal Revenue Code of 1986 is amended by striking 

13 ‘‘new qualified plug-in electric drive motor vehicle’’ 

14 and inserting ‘‘credit eligible electric motor vehicle’’. 

15 (2) PER VEHICLE DOLLAR LIMITATION.—Sec16 tion 30D(b) of such Code is amended— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘paragraphs (2) and 

19 (3)’’ and inserting ‘‘paragraphs (4) and 

20 (5)’’; and 

21 (ii) by striking ‘‘IN GENERAL’’ in the 

22 heading and inserting ‘‘NEW QUALIFIED

23 PLUG-IN ELECTRIC DRIVE MOTOR VEHI24 CLES’’; 


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1 (B) by redesignating paragraphs (2) and 

2 (3) as paragraphs (4) and (5), respectively, and 

3 inserting after paragraph (1) the following new 

4 paragraphs: 

5 ‘‘(2) NEW BATTERY ELECTRIC MOTOR VEHI6 CLES.— 

7 ‘‘(A) IN GENERAL.—The amount deter8 mined under this subsection with respect to any 

9 new battery electric motor vehicle is— 

10 ‘‘(i) $12,000 ($15,000 in the case of 

11 new battery electric motor vehicles ac12 quired after December 31, 2018, and be13 fore the date which is 5 years after the 

14 date of the enactment of the Affordable 

15 American-made Automobile Act) if the 

16 price of such vehicle is not more than 

17 $35,000, and 

18 ‘‘(ii) $7,500 if the price of such vehi19 cle is greater than $35,000. 

20 ‘‘(B) DETERMINATION OF PRICE.—For 

21 purposes of this paragraph, the term ‘price’ 

22 means— 

23 ‘‘(i) except as provided in clause (ii), 

24 the final sales price agreed upon by the 

25 taxpayer and the person from whom the 


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1 taxpayer acquires such vehicle (determined 

2 without regard to any taxes or fees im3 posed by any State or local government), 

4 and 

5 ‘‘(ii) in the case of a lease, the price 

6 of the vehicle stated in the lease agreement 

7 between the lessor and lessee (as so deter8 mined). 

9 ‘‘(3) USED BATTERY ELECTRIC MOTOR VEHI10 CLES.—The amount determined under this sub11 section with respect to any used battery electric 

12 motor vehicle is— 

13 ‘‘(A) $5,000 if the taxpayer trades in a ve14 hicle that is powered by an internal combustion 

15 engine in connection with the taxpayer’s acqui16 sition of such used battery electric motor vehi17 cle, and 

18 ‘‘(B) $0 in any other case.’’; and 

19 (C) in paragraph (5) (as so redesignated), 

20 by striking ‘‘a vehicle’’ and inserting ‘‘a new 

21 qualified plug-in electric drive motor vehicle’’. 

22 (3) CREDIT ELIGIBLE ELECTRIC MOTOR VEHI23 CLE.—Section 30D(d) of such Code is amended— 


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1 (A) by redesignating paragraphs (2), (3), 

2 and (4) as paragraphs (5), (6), and (7), respec3 tively; 

4 (B) by redesignating paragraph (1) as 

5 paragraph (2); 

6 (C) in paragraph (2) (as so redesig7 nated)— 

8 (i) in subparagraph (F), by inserting 

9 ‘‘utilizes an internal combustion engine 

10 and’’ before ‘‘is propelled’’; and 

11 (ii) by striking ‘‘IN GENERAL’’ in the 

12 heading and inserting ‘‘NEW QUALIFIED

13 PLUG-IN ELECTRIC DRIVE MOTOR VEHI14 CLE’’; 

15 (D) by striking all that precedes paragraph 

16 (2) (as so redesignated) and inserting the fol17 lowing: 

18 ‘‘(d) CREDIT ELIGIBLE MOTOR VEHICLE.—For pur19 poses of this section— 

20 ‘‘(1) CREDIT ELIGIBLE MOTOR VEHICLE.—The 

21 term ‘credit eligible motor vehicle’ means— 

22 ‘‘(A) a new qualified plug-in electric drive 

23 motor vehicle, 

24 ‘‘(B) a new battery electric motor vehicle, 

25 and 


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1 ‘‘(C) a used battery electric motor vehi2 cle.’’; and 

3 (E) by inserting after paragraph (2) (as so 

4 redesignated) the following new paragraphs: 

5 ‘‘(3) NEW BATTERY ELECTRIC MOTOR VEHI6 CLE.—The term ‘new battery electric motor vehicle’ 

7 means a motor vehicle— 

8 ‘‘(A) which meets the requirements of sub9 paragraphs (A) through (E) of paragraph (2), 

10 ‘‘(B) which is powered by a battery electric 

11 drive train, 

12 ‘‘(C) which produces zero exhaust emis13 sions of any criteria pollutant (including any 

14 precursor pollutant) or greenhouse gas (other 

15 than emissions from air conditioning systems) 

16 under any possible operational modes or condi17 tions, 

18 ‘‘(D) the battery cell, battery pack, battery 

19 cooling system, and battery management sys20 tem of which are all manufactured in the 

21 United States, and 

22 ‘‘(E) the assembly of which is in the 

23 United States. 

24 ‘‘(4) USED BATTERY ELECTRIC MOTOR VEHI25 CLE.— 


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1 ‘‘(A) IN GENERAL.—The term ‘used bat2 tery electric motor vehicle’ means a motor vehi3 cle— 

4 ‘‘(i) the original use of which com5 mences with a person other than the tax6 payer, 

7 ‘‘(ii) which meets the requirements of 

8 subparagraphs (B) through (E) of para9 graph (2), and 

10 ‘‘(iii) which meets the requirements of 

11 subparagraphs (B) through (E) of para12 graph (3). 

13 ‘‘(B) ONLY 1 CREDIT PER VEHICLE.—No 

14 credit shall be allowed under this section with 

15 respect to any used battery electric motor vehi16 cle placed in service by the taxpayer if a credit 

17 is allowable under this section by reason of such 

18 vehicle being placed in service at any time prior 

19 to the time that such vehicle is placed in service 

20 by the taxpayer (other than a credit which is so 

21 allowable by reason of such vehicle being a new 

22 battery electric motor vehicle).’’. 

23 (b) CARRYOVER OF PERSONAL CREDIT.—Section 

24 30D(c)(2) of such Code is amended— 


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1 (1) by striking ‘‘For purposes’’ and inserting 

2 the following: 

3 ‘‘(A) IN GENERAL.—For purposes’’; and 

4 (2) by adding at the end the following new sub5 paragraph: 

6 ‘‘(B) CARRYBACK AND CARRYFORWARD OF

7 UNUSED CREDITS.— 

8 ‘‘(i) IN GENERAL.—If the credit de9 scribed in subparagraph (A) exceeds the 

10 limitation imposed by section 26(a) for the 

11 taxable year reduced by the sum of the 

12 credits allowable under subpart A (deter13 mined without regard to the credit de14 scribed in subparagraph (A)), such excess 

15 shall be— 

16 ‘‘(I) carried back to the taxable 

17 year preceding the taxable year in 

18 which such amount arose, and 

19 ‘‘(II) carried forward to the 5 

20 taxable years following the taxable 

21 year in which such amount arose. 

22 ‘‘(ii) LIMITATION.—For purposes of 

23 clause (i), the amount of credit carried 

24 back or forward under such clause— 


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1 ‘‘(I) shall be taken into account 

2 as a credit described in subparagraph 

3 (A) for the taxable year to which car4 ried (except, in the case of a 

5 carryback, such amount shall not be 

6 taken into account for purposes of ap7 plying clause (i) to such taxable year), 

8 and 

9 ‘‘(II) such amounts shall be 

10 treated as used on a first-in, first-out 

11 basis, determined on the basis of the 

12 taxable year in which such amount 

13 arose.’’. 

14 (c) ASSIGNMENT OF CREDIT TO FINANCING ENTI15 TY.—Section 30D(f) of such Code is amended by adding 

16 at the end the following new paragraph: 

17 ‘‘(8) CREDIT MAY BE ASSIGNED TO FINANCING

18 ENTITY.— 

19 ‘‘(A) IN GENERAL.—In the case of a credit 

20 determined under subsection (a) with respect to 

21 a new qualified plug-in electric drive motor ve22 hicle or a new battery electric motor vehicle, the 

23 taxpayer to whom such credit would (but for 

24 this paragraph) be allowed under subsection (a) 

25 for any taxable year may assign such credit to 


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1 the person who financed the purchase (or lease 

2 of at least 2 years) of such vehicle. Any person 

3 to whom such credit is assigned under the pre4 ceding sentence shall be treated for purposes of 

5 this title as the taxpayer who placed such vehi6 cle in service. 

7 ‘‘(B) DISCLOSURE REQUIREMENT.—Sub8 paragraph (A) shall not apply with respect to 

9 any vehicle unless the person to whom the cred10 it is assigned clearly discloses in writing to the 

11 taxpayer the amount of the credit allowable 

12 under subsection (a) with respect to such vehi13 cle (determined without regard to subsection 

14 (c)).’’. 

15 (d) MODIFICATION OF TERMINATION OF CREDIT.— 

16 (1) REPEAL OF MANUFACTURERS LIMITA17 TION.—Section 30D of such Code is amended by 

18 striking subsection (e). 

19 (2) TERMINATION OF CREDIT.—Section 30D of 

20 such Code is amended by adding at the end the fol21 lowing new subsection: 

22 ‘‘(h) TERMINATION.—This section shall not apply to 

23 any vehicle placed in service after December 31, 2030.’’. 

24 (e) EFFECTIVE DATES.— 


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1 (1) IN GENERAL.—Except as otherwise pro2 vided in this subsection, the amendments made by 

3 this section shall apply to vehicles acquired after De4 cember 31, 2018. 

5 (2) CARRYFORWARD.—The amendments made 

6 by subsection (b) shall apply to vehicles acquired 

7 after the date of the enactment of this Act. 

8 (3) ASSIGNMENT.—The amendment made by 

9 subsection (c) shall apply to vehicles acquired after 

10 the date which is 60 days after the date of the en11 actment of this Act. 

12 SEC. 3. ALTERNATIVE FUEL VEHICLE REFUELING PROP13 ERTY CREDIT EXTENDED FOR ELECTRIC VE14 HICLE CHARGING STATIONS. 

15 (a) EXTENSION.—Section 30C(g) of the Internal 

16 Revenue Code of 1986 is amended by striking ‘‘December 

17 31, 2017’’ and inserting ‘‘December 31, 2030’’. 

18 (b) REPEAL OF LIMITATION.—Section 30C of such 

19 Code is amended by striking subsection (b). 

20 (c) APPLICATION TO ELECTRIC VEHICLE CHARGING

21 STATIONS.— 

22 (1) IN GENERAL.—Section 30C(a) of such Code 

23 is amended by striking ‘‘qualified alternative fuel ve24 hicle refueling property’’ and inserting ‘‘electric vehi25 cle charging station’’. 


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1 (2) ELECTRIC VEHICLE CHARGING STATION DE2 FINED.—Section 30C(c) of such Code is amended to 

3 read as follows: 

4 ‘‘(c) ELECTRIC VEHICLE CHARGING STATION.—For 

5 purposes of this section, the term ‘electric vehicle charging 

6 station’ means a station designed for recharging an elec7 tric battery of a credit eligible motor vehicle (as defined 

8 in section 30D(d), but determined without regard to the 

9 requirements of subparagraphs (D) and (E) of paragraph 

10 (3) thereof).’’. 

11 (d) CONFORMING AMENDMENTS.— 

12 (1) Section 30C(e)(2) of such Code is amended 

13 by striking ‘‘qualified alternative fuel vehicle refuel14 ing property’’ and inserting ‘‘electric vehicle charg15 ing station’’. 

16 (2) Section 30C(e) of such Code is amended by 

17 striking paragraph (6) and redesignating paragraph 

18 (7) as paragraph (6). 

19 (3) Section 38(b)(25) of such Code is amended 

20 by striking ‘‘alternative fuel vehicle refueling prop21 erty credit’’ and inserting ‘‘electric vehicle charging 

22 station credit’’. 

23 (4) The heading of section 30C of such Code 

24 (and the item relating to such section in the table 

25 of sections for subpart B of part IV of subchapter 


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1 A of chapter 1 of such Code) is amended by striking 

2 ‘‘ALTERNATIVE FUEL VEHICLE REFUELING

3 PROPERTY’’ and inserting ‘‘ELECTRIC VEHICLE

4 RECHARGING STATION’’. 

5 (e) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to property placed in service after 

7 December 31, 2018. 

8 SEC. 4. PRIVATE ACTIVITY BONDS RELATED TO ELECTRIC 

9 VEHICLE MANUFACTURING. 

10 (a) IN GENERAL.—Section 142(a) of the Internal 

11 Revenue Code of 1986 is amended by striking ‘‘or’’ at the 

12 end of paragraph (14), by striking the period at the end 

13 of paragraph (15) and inserting ‘‘, or’’, and by adding at 

14 the end the following new paragraph: 

15 ‘‘(16) a qualified battery electric motor vehicle 

16 manufacturing facility or a qualified electric vehicle 

17 battery manufacturing facility.’’. 

18 (b) FACILITIES DEFINED.—Section 142 of such Code 

19 is amended by adding at the end the following new sub20 section: 

21 ‘‘(n) QUALIFIED BATTERY ELECTRIC MOTOR VEHI22 CLE MANUFACTURING AND QUALIFIED ELECTRIC VEHI23 CLE BATTERY MANUFACTURING FACILITIES.— 

24 ‘‘(1) IN GENERAL.—For purposes of subsection 

25 (a)(16)— 


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1 ‘‘(A) the term ‘qualified battery electric 

2 motor vehicle manufacturing facility’ means a 

3 battery electric motor vehicle manufacturing fa4 cility designated by the Secretary under this 

5 subsection, and 

6 ‘‘(B) the term ‘qualified electric vehicle 

7 battery manufacturing facility’ means an elec8 tric vehicle battery manufacturing facility des9 ignated by the Secretary under this subsection. 

10 ‘‘(2) BATTERY ELECTRIC MOTOR VEHICLE MAN11 UFACTURING FACILITY.—For purposes of this sub12 section— 

13 ‘‘(A) IN GENERAL.—The term ‘battery 

14 electric motor vehicle manufacturing facility’ 

15 means a facility for manufacturing battery elec16 tric motor vehicles. 

17 ‘‘(B) BATTERY ELECTRIC MOTOR VEHI18 CLES.—The term ‘battery electric motor vehicle’ 

19 means an automobile which is powered by a 

20 battery electric drive train and which produces 

21 zero exhaust emissions of any criteria pollutant 

22 (including any precursor pollutant) or green23 house gas (other than emissions from air condi24 tioning systems) under any possible operational 

25 modes or conditions. 


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1 ‘‘(3) ELECTRIC VEHICLE BATTERY MANUFAC2 TURING FACILITY.—The term ‘electric vehicle bat3 tery manufacturing facility’ means a facility for 

4 manufacturing batteries for use in battery electric 

5 motor vehicles. 

6 ‘‘(4) AGGREGATE LIMITATION ON DESIGNA7 TIONS.— 

8 ‘‘(A) IN GENERAL.—An issue shall not be 

9 treated as an issue described in subsection 

10 (a)(16) if the aggregate face amount of bonds 

11 issued by the State or local government pursu12 ant thereto for any facility (when added to the 

13 aggregate face amount of bonds previously so 

14 issued for such facility) exceeds the amount al15 located to such facility by the Secretary under 

16 this subsection. 

17 ‘‘(B) AGGREGATE LIMITATION.—The Sec18 retary many not allocate more than 

19 $15,000,000,000 to facilities designated under 

20 this subsection. 

21 ‘‘(5) STANDARDS FOR DESIGNATION.—The Sec22 retary shall not designate a facility for purposes of 

23 this subsection unless— 


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1 ‘‘(A) an application has been submitted to 

2 the Secretary with respect to such facility which 

3 meets the requirements of paragraph (7), 

4 ‘‘(B) such facility is located in the United 

5 States, 

6 ‘‘(C) such facility has been nominated by a 

7 State or local government during the 180-day 

8 period ending with the date of such application, 

9 and 

10 ‘‘(D) such State or local government pro11 vides written assurances of the accuracy of the 

12 application with respect to such facility. 

13 ‘‘(6) PRIORITY FOR RETOOLING OF EXISTING

14 FACILITIES.—The Secretary shall give priority in 

15 making designations and allocations under this sub16 section to the retooling of existing manufacturing fa17 cilities, especially the oldest facilities or facilities 

18 that have been in existence for at least 20 years 

19 (whether or not such facilities are idle). 

20 ‘‘(7) CONDITIONAL DESIGNATIONS.—The Sec21 retary may approve a designation under this sub22 section subject to such conditions as the Secretary 

23 may determine are necessary to satisfy the purposes 

24 of this subsection or to protect the national security 

25 interests of the United States. 


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1 ‘‘(8) APPLICATION.—An application with re2 spect to a facility for designation under this sub3 section shall include— 

4 ‘‘(A) a written agreement that— 

5 ‘‘(i) all laborers and mechanics em6 ployed by contractors or subcontractors 

7 during construction, alteration, or repair 

8 that is financed, in whole or in part, by the 

9 proceeds of the issue shall be paid wages 

10 at rates not less than those prevailing on 

11 similar construction in the locality, as de12 termined by the Secretary of Labor in ac13 cordance with sections 3141–3144, 3146, 

14 and 3147 of title 40, United States Code, 

15 and 

16 ‘‘(ii) the Secretary of Labor shall, 

17 with respect to the labor standards de18 scribed in clause (i), have the authority 

19 and functions set forth in Reorganization 

20 Plan Numbered 14 of 1950 (5 U.S.C. 

21 App.) and section 3145 of title 40, United 

22 States Code, 

23 ‘‘(B) evidence satisfactory to the Secretary 

24 that the project will improve the global competi25 tive position of the United States in the electric 


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1 vehicle industry, will stimulate the regional 

2 economy at the facility location, and will pro3 vide quality jobs and labor standards consistent 

4 with the United States automobile industry, 

5 and 

6 ‘‘(C) a demonstration that the facility in7 cludes the use of energy efficiency, renewable 

8 energy, and other sustainable design features to 

9 the extent feasible. 

10 ‘‘(9) TIME LIMIT ON EXPENDITURE OF BOND

11 PROCEEDS.—An issue shall not be treated as an 

12 issue described in subsection (a)(16) unless at least 

13 95 percent of the net proceeds of the issue are ex14 pended for the facility designated under this sub15 section within the 5-year period beginning on the 

16 date of issuance. If at least 95 percent of such net 

17 proceeds is not so expended within such 5-year pe18 riod, an issue shall be treated as continuing to be 

19 described in subsection (a)(16) if the issuer uses all 

20 remaining proceeds of the issue to redeem bonds of 

21 the issue within 90 days after the end of such 5-year 

22 period. The Secretary, at the request of the issuer, 

23 may extend such 5-year period if the issuer estab24 lishes that the failure to make such expenditures is 


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1 due to circumstances beyond the control of the 

2 issuer.’’. 

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

4 this section shall apply to bonds issued after the date of 

5 the enactment of this Act. 

Æ 


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