I 

114TH CONGRESS 

1ST SESSION H. R. 255 

To amend the Internal Revenue Code of 1986 to allow a credit against 

tax for qualified manufacturing facility construction costs and to allow 

a credit against tax for qualified manufacturing facility construction 

costs. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2015 

Mr. HONDA 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 allow a 

credit against tax for qualified manufacturing facility 

construction costs and to allow a credit against tax for 

qualified manufacturing facility construction costs. 

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. 

4 This Act may be cited as the ‘‘Next Generation Amer5 ican Manufacturing Act of 2015’’. 


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1 TITLE I—CONSUMER CREDIT 

2 SEC. 101. CREDIT FOR RETAIL PURCHASE OF CERTAIN DO3 MESTIC PRODUCTS. 

4 (a) IN GENERAL.—Subpart B of part IV of sub5 chapter A of chapter 1 of the Internal Revenue Code of 

6 1986 is amended by adding at the end the following new 

7 section: 

8 ‘‘SEC. 30E. DOMESTIC MANUFACTURING CONSUMER CRED9 IT. 

10 ‘‘(a) ALLOWANCE OF CREDIT.—There shall be al11 lowed as a credit against the tax imposed by this chapter 

12 for any taxable year an amount equal to the applicable 

13 percentage of the aggregate amount paid or incurred by 

14 the taxpayer for specified products during any portion 

15 such taxable year which is part of the eligible period. 

16 ‘‘(b) APPLICABLE PERCENTAGE; ELIGIBLE PE17 RIOD.—For purposes of this section— 

18 ‘‘(1) APPLICABLE PERCENTAGE.—The term 

19 ‘applicable percentage’ means, with respect to any 

20 specified product, the percentage (not less than 5 

21 percent nor more than 20 percent) determined by 

22 the Commission under subsection (e)(4) with respect 

23 to such product. 

24 ‘‘(2) ELIGIBLE PERIOD.—The term ‘eligible pe25 riod’ means, with respect to any specified product, 


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1 the period (not less than 5 years nor more than 10 

2 years) determined by the Commission under sub3 section (e)(5) with respect to such product. 

4 ‘‘(3) SEPARATE APPLICATION TO EACH SPECI5 FIED PRODUCT.—Subsection (a) shall be applied 

6 separately with respect to each of the specified prod7 ucts designated under subsection (e). 

8 ‘‘(c) SPECIFIED PRODUCT.—For purposes of this sec9 tion— 

10 ‘‘(1) IN GENERAL.—The term ‘specified prod11 uct’ means any designated domestic product— 

12 ‘‘(A) the original use of which commences 

13 with the taxpayer, and 

14 ‘‘(B) which is acquired by the taxpayer for 

15 use or lease, but not for resale. 

16 ‘‘(2) DESIGNATED DOMESTIC PRODUCT.—The 

17 term ‘designated domestic product’ means any des18 ignated product which has been certified by the Sec19 retary as— 

20 ‘‘(A) having been assembled in the United 

21 States, and 

22 ‘‘(B) consisting at least 60 percent of com23 ponents assembled or otherwise arising in the 

24 United States. 


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1 ‘‘(3) DESIGNATED PRODUCT.—The term ‘des2 ignated product’ means the 10 products designated 

3 by the Secretary, in consultation with the Commis4 sion, under subsection (e). 

5 ‘‘(d) APPLICATION WITH OTHER CREDITS.— 

6 ‘‘(1) BUSINESS CREDIT TREATED AS PART OF

7 GENERAL BUSINESS CREDIT.—So much of the credit 

8 which would be allowed under subsection (a) for any 

9 taxable year (determined without regard to this sub10 section) that is attributable to property used by the 

11 taxpayer in the conduct of a trade or business shall 

12 be treated as a credit listed in section 38(b) for such 

13 taxable year (and not allowed under subsection (a)). 

14 ‘‘(2) PERSONAL CREDIT.—For purposes of this 

15 title, the credit allowed under subsection (a) for any 

16 taxable year (determined after application of para17 graph (1)) shall be treated as a credit allowable 

18 under subpart A for such taxable year. 

19 ‘‘(e) SELECTION OF DESIGNATED PRODUCTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary, in consulta21 tion with the Commission, shall designate 10 prod22 ucts for purposes of this section. 

23 ‘‘(2) ELIGIBLE PRODUCTS.—A product shall 

24 not be eligible for designation under this section un25 less— 


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1 ‘‘(A) such product represents an advance2 ment in science, technology, engineering, or 

3 math, and 

4 ‘‘(B) the designation of such product has 

5 the potential to produce substantial long-term 

6 job opportunities in the United States. 

7 ‘‘(3) CRITERIA FOR DESIGNATION.—In making 

8 designations of products under this subsection, the 

9 Secretary shall take into consideration— 

10 ‘‘(A) the number of jobs in the United 

11 States that the Secretary estimates will result 

12 (directly and indirectly) from the designation of 

13 such product, and 

14 ‘‘(B) the speed with which such jobs are 

15 likely to be created. 

16 ‘‘(4) DETERMINATION OF CREDIT PERCENT17 AGE.—The Secretary, in consultation with the Com18 mission, shall determine the applicable percentage 

19 which applies for purposes of subsection (a) with re20 spect to each product designated under this sub21 section. Such percentage shall not be less than 5 

22 percent and shall not be more than 20 percent. Such 

23 percentage shall be determined on the basis of the 

24 incentive needed with respect to each such product 


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1 taking into account the market factors with respect 

2 to such product. 

3 ‘‘(5) DETERMINATION OF PERIOD DURING

4 WHICH CREDIT ALLOWED.—The Secretary, in con5 sultation with the Commission, shall determine the 

6 eligible period which applies for purposes of sub7 section (a) with respect to each product designated 

8 under this subsection. Such period shall not be less 

9 than 5 years and shall not be more than 10 years. 

10 Such period shall be determined on the basis of the 

11 incentive needed with respect to each such product 

12 taking into account the market factors with respect 

13 to such product. 

14 ‘‘(f) OTHER DEFINITIONS AND SPECIAL RULES.— 

15 For purposes of this section— 

16 ‘‘(1) COMMISSION.—The term ‘Commission’ 

17 means the 21st Century American Manufacturing 

18 Commission established under section 3 of the Mar19 ket Based Manufacturing Incentives Act of 2013. 

20 ‘‘(2) REDUCTION IN BASIS.—For purposes of 

21 this subtitle, the basis of any property for which a 

22 credit is allowable under subsection (a) shall be re23 duced by the amount of such credit so allowed (de24 termined without regard to subsection (d)). 


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1 ‘‘(3) NO DOUBLE BENEFIT.—The amount of 

2 any deduction or other credit allowable under this 

3 chapter with respect to any property shall be re4 duced by the amount of the credit allowed under 

5 subsection (a) for such property (determined without 

6 regard to subsection (d)). 

7 ‘‘(4) PROPERTY USED BY TAX-EXEMPT ENTI8 TY.—In the case of property whose use is described 

9 in paragraph (3) or (4) of section 50(b) and which 

10 is not subject to a lease, the person who sold such 

11 property to the person or entity using such property 

12 shall be treated as the taxpayer that placed such ve13 hicle in service, but only if such person clearly dis14 closes to such person or entity in a document the 

15 amount of any credit allowable under subsection (a) 

16 with respect to such property (determined without 

17 regard to subsection (d)). For purposes of subsection 

18 (d), property to which this paragraph applies shall 

19 be treated as property used by the taxpayer in the 

20 conduct of a trade or business. 

21 ‘‘(5) PROPERTY USED OUTSIDE UNITED

22 STATES, ETC., NOT QUALIFIED.—No credit shall be 

23 allowable under subsection (a) with respect to any 

24 property referred to in section 50(b)(1). 


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1 ‘‘(6) RECAPTURE.—The Secretary shall, by reg2 ulations, provide for recapturing the benefit of any 

3 credit allowable under subsection (a) with respect to 

4 any property which ceases to be property eligible for 

5 such credit (including recapture in the case of a 

6 lease period of less than the economic life of the 

7 property). 

8 ‘‘(7) ELECTION TO NOT TAKE CREDIT.—No 

9 credit shall be allowed under subsection (a) for any 

10 vehicle if the taxpayer elects to not have this section 

11 apply to such property. 

12 ‘‘(g) TERMINATION.—This section shall not apply to 

13 property acquired after the date which is 10 years after 

14 the date of the enactment of this section.’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) Section 38(b) of such Code is amended by 

17 striking ‘‘plus’’ at the end of paragraph (35), by 

18 striking the period at the end of paragraph (36) and 

19 inserting ‘‘, plus’’, and by adding at the end the fol20 lowing new paragraph: 

21 ‘‘(37) the portion of the domestic manufac22 turing consumer credit to which section 30E(d)(1) 

23 applies.’’. 

24 (2) Section 1016(a) of such Code is amended 

25 by striking ‘‘and’’ at the end of paragraph (36), by 


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1 striking the period at the end of paragraph (37) and 

2 inserting ‘‘, and’’, and by adding at the end the fol3 lowing new paragraph: 

4 ‘‘(38) to the extent provided in section 

5 30E(f)(2).’’. 

6 (3) Section 6501(m) of such Code is amended 

7 by inserting ‘‘30E(f)(7),’’ after ‘‘30D(e)(4),’’. 

8 (4) The table of sections for subpart B of part 

9 IV of subchapter A of chapter 1 of such Code is 

10 amended by adding at the end the following new 

11 item: 

‘‘Sec. 30E. Domestic manufacturing consumer credit.’’. 

12 (c) CBO REPORT.—The Congressional Budget Office 

13 shall, during the 3d, 5th, and 7th years after the effective 

14 date of the domestic manufacturing consumer credit (de15 scribed in subsection (d)), report to Congress on the eco16 nomic effects of such credit. Such report shall include the 

17 aggregate value of the domestic manufacturing consumer 

18 credits determined with respect to taxpayers under section 

19 30E of the Internal Revenue Code of 1986 and an esti20 mate of the economic activity stimulated by such credits. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to property acquired after the date 

23 which is 1 year after the date on which the 21st Century 

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1 ommendations to the Secretary of the Treasury under sec2 tion 3(b) of this Act. 

3 SEC. 102. ESTABLISHMENT OF 21ST CENTURY AMERICAN 

4 MANUFACTURING COMMISSION. 

5 (a) IN GENERAL.—There is established a commission 

6 to be known as the 21st Century American Manufacturing 

7 Commission. 

8 (b) DUTIES.—The Commission shall conduct re9 search regarding appropriate products to make eligible for 

10 the tax credit provided by section 30E of the Internal Rev11 enue Code of 1986 and shall make recommendations to 

12 the Secretary of the Treasury regarding which products 

13 should be designated for purposes of such section and the 

14 applicable percentage and eligible period which should be 

15 determined with respect to each such product. The com16 mission shall make such recommendations to the Sec17 retary of the Treasury not later than 6 months after the 

18 date of the enactment of this Act. 

19 (c) MEMBERSHIP.— 

20 (1) IN GENERAL.—The Commission shall be 

21 composed of 10 members who shall be appointed by 

22 the Secretary of the Treasury or his designee not 

23 later than 30 days after the enactment of this Act. 

24 (2) SELECTION.—In determining who to ap25 point to the Commission, the Secretary of Treasury 


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1 shall consider a geographically diverse group of indi2 viduals with experience in the areas of— 

3 (A) managing manufacturing companies, 

4 including businesses with fewer than 100 em5 ployees, 

6 (B) conducting manufacturing-related re7 search and development, 

8 (C) commercialization of scientific innova9 tion, 

10 (D) managing supply chain providers, 

11 (E) finance, and 

12 (F) analyzing manufacturing policy and 

13 economic competitiveness. 

14 (3) POLITICAL AFFILIATION.—Not more than 5 

15 members may be of the same political party. 

16 (4) TERMS.—Each member shall be appointed 

17 for the life of the Commission. 

18 (5) VACANCIES.—A vacancy in the Commission 

19 shall be filled in the manner in which the original 

20 appointment was made. 

21 (6) PAY OF MEMBERS.— 

22 (A) IN GENERAL.—Members shall each be 

23 entitled to receive the daily equivalent of the 

24 maximum annual rate of basic pay for grade 

25 GS–11 of the General Schedule for each day 


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1 (including travel time) during which they are 

2 engaged in the actual performance of duties 

3 vested in the Commission. 

4 (B) TRAVEL EXPENSES.—Each member 

5 shall receive travel expenses, including per diem 

6 in lieu of subsistence, in accordance with appli7 cable provisions under subchapter I of chapter 

8 57 of title 5, United States Code. 

9 (7) PREVENTION OF CONFLICTS OF INTEREST

10 AND NEPOTISM.— 

11 (A) AGREEMENT.—The Secretary of the 

12 Treasury shall not appoint any individual to be 

13 a member of the Commission unless such indi14 vidual has first signed an agreement with the 

15 Secretary to prevent conflicts of interest and 

16 nepotism. Such agreement shall include a re17 quirement that the individual comply with the 

18 provisions of subparagraph (B) and shall in19 clude such penalties for failure to so comply as 

20 the Secretary determines appropriate. 

21 (B) REQUIREMENTS.—A member of the 

22 Commission shall not, during the 5-year period 

23 beginning on the effective date of the domestic 

24 manufacturing consumer credit (described in 

25 section 2(d)), hold, directly or indirectly, any 


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1 interest in any person associated with any des2 ignated product, any component of any des3 ignated product, or any equipment to manufac4 ture any such product or component. An inter5 est held in any fund held by such member shall 

6 be taken into account under the preceding sen7 tence unless such fund is a broad-based index 

8 fund. Any interest held by such member prior 

9 to the beginning of such 5-year period which is 

10 not (consistent with the requirements of this 

11 subparagraph) permitted to be held during such 

12 period, shall be disposed of prior to such period. 

13 (d) CHAIRPERSON.—The Chairperson of the Com14 mission shall be designated by the Secretary of the Treas15 ury (or his designee) at the time of appointment. 

16 (e) STAFF.—Any staff of the Commission shall be ap17 pointed subject to the provisions of title 5, United States 

18 Code, governing appointments in the competitive service, 

19 and shall be paid in accordance with the provisions of 

20 chapter 51 and subchapter III of chapter 53 of that title 

21 relating to classification and General Schedule pay rates. 

22 (f) TERMINATION.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the Commission shall terminate 30 days 


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1 after making recommendations to the Secretary of 

2 the Treasury described in subsection (b). 

3 (2) EXTENSION.—At the request of the Sec4 retary of the Treasury or his designee, the Commis5 sion shall continue in existence for such period at 

6 the Secretary may request but not later than 1 year 

7 after making such recommendations. 

8 TITLE II—MANUFACTURER 

9 CREDIT 

10 SEC. 201. CREDIT FOR MANUFACTURING FACILITY COSTS. 

11 (a) IN GENERAL.—Subpart D of part IV of sub12 chapter A of chapter 1 of the Internal Revenue Code of 

13 1986 is amended by adding at the end the following new 

14 section: 

15 ‘‘SEC. 45S. MANUFACTURING FACILITY EXPENDITURES. 

16 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

17 in the case of an eligible business, the manufacturing facil18 ity expenditure credit for any taxable year is an amount 

19 equal to 25 percent of the qualified facility construction 

20 expenditures of the taxpayer for the taxable year. 

21 ‘‘(b) ELIGIBLE BUSINESS.—For purposes of this sec22 tion— 

23 ‘‘(1) IN GENERAL.—The term ‘eligible business’ 

24 means any corporation or partnership— 


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1 ‘‘(A) which is engaged in an active trade or 

2 business, 

3 ‘‘(B) which is headquartered in the United 

4 States, 

5 ‘‘(C) substantially all of the management 

6 or administrative activities of which are per7 formed in the United States, 

8 ‘‘(D) which has not (prior to placing into 

9 service the manufacturing facility designated 

10 for purposes of this section) placed in service a 

11 manufacturing facility, 

12 ‘‘(E) which is a start-up company, and 

13 ‘‘(F) with respect to which all debt obliga14 tions issued by, and equity interests in, have a 

15 rating of B minus (or its substantial equivalent) 

16 or higher from a credit rating agency registered 

17 with the Securities and Exchange Commission 

18 as a nationally recognized statistical rating or19 ganization (as defined in section 3(a) of the Se20 curities Exchange Act of 1934). 

21 ‘‘(2) START-UP COMPANY.—The term ‘start-up 

22 company’ means any corporation or partnership— 

23 ‘‘(A) which first has both gross receipts 

24 and qualified research expenses (as defined in 


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1 section 41(b) in a taxable year beginning after 

2 December 31, 2012, or 

3 ‘‘(B) which both gross receipts and quali4 fied research expenses (as so defined) in fewer 

5 than 3 taxable year beginning after December 

6 31, 2012, and before January 1, 2018. 

7 ‘‘(c) QUALIFIED FACILITY CONSTRUCTION EXPENDI8 TURES.—For purposes of this section— 

9 ‘‘(1) IN GENERAL.—The term ‘qualified facility 

10 construction expenditures’ means amounts paid or 

11 incurred by the taxpayer— 

12 ‘‘(A) for the construction of a facility (des13 ignated for purposes of this section by the tax14 payer at such time and in such form and man15 ner as the Secretary shall prescribe) in the 

16 United States to manufacture a qualified prod17 uct (including amounts for professional services 

18 necessary for the planning of such construc19 tion), and 

20 ‘‘(B) for the purchase of specialized equip21 ment for use at such facility and required for 

22 the manufacture of such product. 

23 ‘‘(2) QUALIFIED PRODUCT.—The term ‘quali24 fied product’ means any product which, prior to con25 struction of the facility with respect to which a credVerDate Sep 11 2014 06:01 Jan 16, 2015 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H255.IH H255

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1 it is allowed under this section, the taxpayer has 

2 produced and sold to a bona fide purchaser, and 

3 such purchaser has placed such product in service. 

4 ‘‘(d) SPECIAL RULES.—For purposes of this sec5 tion— 

6 ‘‘(1) RECAPTURE.— 

7 ‘‘(A) IN GENERAL.—If, as of the close of 

8 any taxable year, there is a recapture event 

9 with respect to any facility of the taxpayer with 

10 respect to which a credit was allowed under this 

11 section, then the tax of the taxpayer under this 

12 chapter for such taxable year shall be increased 

13 by an amount equal to the product of— 

14 ‘‘(i) the applicable recapture percent15 age, and 

16 ‘‘(ii) the aggregate decrease in the 

17 credits allowed under section 38 for all 

18 prior taxable years which would have re19 sulted if the qualified facility construction 

20 expenditures of the taxpayer described in 

21 subsection (c)(1) with respect to such facil22 ity had been zero. 

23 ‘‘(B) APPLICABLE RECAPTURE PERCENT24 AGE.— 


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1 ‘‘(i) IN GENERAL.—For purposes of 

2 this subsection, the applicable recapture 

3 percentage shall be determined in accord4 ance with the following table: 

‘‘If the recapture event 

occurs in: 

The applicable recapture 

percentage is: 

Year 1 .......................................................................................... 100

Year 2 .......................................................................................... 80

Year 3 .......................................................................................... 60

Year 4 .......................................................................................... 40

Year 5 .......................................................................................... 20

Years 6 and thereafter ................................................................. 0. 

5 ‘‘(ii) YEARS.—For purposes of clause 

6 (i), year 1 shall begin on the first day of 

7 the taxable year in which the facility with 

8 respect to which a credit was allowed 

9 under this subsection was placed in service. 

10 ‘‘(C) RECAPTURE EVENT.—For purposes 

11 of this paragraph— 

12 ‘‘(i) IN GENERAL.—A recapture event 

13 occurs with respect to any facility if— 

14 ‘‘(I) the taxpayer becomes insol15 vent, or 

16 ‘‘(II) the taxpayer disposes of the 

17 facility to another person who, at this 

18 time of the disposition, is not an eligi19 ble business. 

20 ‘‘(ii) SPECIAL RULE FOR FACILITIES

21 NOT PLACED IN SERVICE WITHIN 5


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1 YEARS.—In the case of a facility with re2 spect to which a credit is allowed under 

3 this section which is not placed in service 

4 before the close of the 5th taxable year be5 ginning after the first taxable year for 

6 which the credit was so allowed, a recap7 ture event shall be treated as having oc8 curred with respect to such facility in year 

9 1. 

10 ‘‘(2) CREDIT MAY BE ASSIGNED.—The amount 

11 of qualified facility construction expenditures with 

12 respect to a facility which would (but for this para13 graph) be taken into account under subsection (a) 

14 for any taxable year by any person (hereafter in this 

15 paragraph referred to as the ‘initial taxpayer’)— 

16 ‘‘(A) may be taken into account by any 

17 other person to whom such expenditures are as18 signed by the initial taxpayer, and 

19 ‘‘(B) shall not be taken to account by ini20 tial taxpayer. 

21 Any person to whom such expenditures are assigned 

22 under subparagraph (A) shall be treated for pur23 poses of this title as the taxpayer with respect to 

24 such expenditures. 


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1 ‘‘(3) CONTROLLED GROUP.—All members of the 

2 same controlled group of corporations (within the 

3 meaning of section 52(a)) and all persons under 

4 common control (within the meaning of section 

5 52(b)) shall be treated as 1 person for purposes of 

6 this section. 

7 ‘‘(4) PREDECESSOR.—Any reference in this sec8 tion to a corporation or partnership shall include a 

9 reference to any predecessor of such corporation or 

10 partnership. 

11 ‘‘(5) DENIAL OF DOUBLE BENEFIT.—For pur12 poses of this subtitle, if a credit is allowed under 

13 this section in connection with any expenditure for 

14 any property, the basis of such property shall be re15 duced by the amount of the credit so allowed.’’. 

16 (b) DENIAL OF DOUBLE BENEFIT.—Section 280C of 

17 such Code is amended by inserting after subsection (h) 

18 the following new subsection: 

19 ‘‘(i) MANUFACTURING FACILITY EXPENDITURES.— 

20 No deduction shall be allowed for that portion of the ex21 penses otherwise allowable as a deduction taken into ac22 count in determining the credit under section 45S for the 

23 taxable year which is equal to the amount of the credit 

24 determined for such taxable year under section 45S(a).’’. 


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1 (c) CREDIT TO BE PART OF GENERAL BUSINESS

2 CREDIT.—Section 38(b) of the such Code, as amended by 

3 this Act, is amended by striking ‘‘plus’’ at the end of para4 graph (36), by striking the period at the end of paragraph 

5 (37) and inserting ‘‘, plus’’, and by inserting after para6 graph (37) the following: 

7 ‘‘(38) manufacturing facility expenditure credit 

8 determined under section 45S(a).’’. 

9 (d) CONFORMING AMENDMENT.—Section 1016(a) of 

10 such Code, as amended by this Act, is amended by striking 

11 ‘‘and’’ at the end of paragraph (37), by striking the period 

12 at the end of paragraph (38) and inserting ‘‘, and’’, and 

13 by adding at the end the following new paragraph: 

14 ‘‘(39) to the extent provided in section 

15 45S(d)(2).’’. 

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

17 this section shall apply to amounts paid or incurred after 

18 the date of the enactment of this Act. 

Æ 


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