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. MCCOL-
LUM, Mr. VARGAS, Ms. MENG, Ms. ROYBAL-ALLARD, Mr. HUFFMAN, Mr. 
NORCROSS, Mr. GARAMENDI, Mr. QUIGLEY, Mr. DESAULNIER, Ms. KAP-
TUR, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Affordable American-made Automobile Act’’. 
(b) FINDINGS.—Congress finds the following: 
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(1) The automobile industry is vital to the na-
tional economy and to national security. It employs 
millions of Americans and develops new technologies 
with widespread civilian and military application. 
(2) The global automobile industry is already in 
the midst of an historic transformation to electric 
vehicle technology. This transition has profound im-
plications for all Americans. 
(3) In critical measures of the global competi-
tion in the electric vehicle industry, the United 
States is behind China and is projected to fall fur-
ther behind. The United States is behind in total ve-
hicle sales, behind in the market share of new car 
sales, behind in investment, behind in battery manu-
facturing capacity, and behind in manufacturing ca-
pacity. The United States lags China to a great ex-
tent, but the United States is in third place in this 
competition, behind the European Union. 
(4) China sells half the electric vehicles sold in 
the world. In addition, China’s percent of new car 
market share of electric vehicles is twice that of the 
United States. In a few short years, the Chinese new 
market share of electric vehicles is expected to be 
triple the new market share in the United States. 
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(5) China is predicted to control about 75 per-
cent of the global battery capacity. 
(6) Global investment in electric vehicles is ex-
pected to reach $300 billion or even more; half of 
which is intended for China and only 10 percent for 
the United States. 
(7) There are 17 Chinese automobile manufac-
turers that have announced or undertaken electric 
vehicle investment. Even assuming some consolida-
tion of the Chinese industry, it will dwarf the num-
ber of manufacturers headquartered in the United 
States which is currently 4. 
(8) China supports its electric vehicle industry 
through a wide array of practices including state- 
owned enterprises, direct subsidies, special access to 
financing, government guarantees of financing, ex-
emptions from various regulatory requirements, pub-
lic purchasing, favoritism for Chinese firms, restric-
tions on market entry to foreign competition, and 
regulatory mandates. 
(9) Chinese domination of the electric vehicle 
industry will inevitably erode United States auto-
mobile manufacturing and the United States supply 
chain potentially resulting in the loss of hundreds of 
thousands of jobs. Employment in the innovation 
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and research side of the industry has already begun 
a migration outside the United States. 
(10) United States communities are also cur-
rently suffering from extreme events of flood, wind, 
and fire, as well as health-threatening air pollution, 
all of which are related to a warming planet. Electric 
vehicles will play a critical role in reducing the pollu-
tion that contributes to these tragedies. 
(11) Without changes to public policy, the auto-
motive industry in the United States will face ag-
gressive competition from foreign companies, chiefly 
located in China, and will fight a competitive battle 
on grossly unequal terms due to foreign government 
policies that unfairly favor overseas manufacturers. 
(12) Such an unfair fight is unwinnable by pri-
vate industry alone and is therefore a national pri-
ority for the Government of the United States to 
enter on behalf of every current and future Amer-
ican. 
(13) The United States faces a moment of crit-
ical choice. It either makes the investments nec-
essary to achieve global competitive leadership in 
this key industry, or it will face profound and dire 
consequences to its economy and its national secu-
rity. 
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(14) The United States needs to stimulate de-
mand for electric vehicles from middle class con-
sumers. Tax incentives for the development of con-
venient fast charging infrastructure are essential. 
Investment is needed to support increased electric 
vehicle and battery manufacturing capacity. 
SEC. 2. EXPANSION OF TAX CREDIT FOR ELECTRIC DRIVE 
MOTOR VEHICLES. 
(a) APPLICATION
TO NEW
AND USED BATTERY 
ELECTRIC MOTOR VEHICLES.— 
(1) IN GENERAL.—Section 30D(a) of the Inter-
nal Revenue Code of 1986 is amended by striking 
‘‘new qualified plug-in electric drive motor vehicle’’ 
and inserting ‘‘credit eligible electric motor vehicle’’. 
(2) PER VEHICLE DOLLAR LIMITATION.—Sec-
tion 30D(b) of such Code is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘paragraphs (2) and 
(3)’’ and inserting ‘‘paragraphs (4) and 
(5)’’; and 
(ii) by striking ‘‘IN GENERAL’’ in the 
heading and inserting ‘‘NEW
QUALIFIED 
PLUG-IN
ELECTRIC
DRIVE
MOTOR
VEHI-
CLES’’; 
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(B) by redesignating paragraphs (2) and 
(3) as paragraphs (4) and (5), respectively, and 
inserting after paragraph (1) the following new 
paragraphs: 
‘‘(2) NEW
BATTERY
ELECTRIC
MOTOR
VEHI-
CLES.— 
‘‘(A) IN
GENERAL.—The amount deter-
mined under this subsection with respect to any 
new battery electric motor vehicle is— 
‘‘(i) $12,000 ($15,000 in the case of 
new battery electric motor vehicles ac-
quired after December 31, 2018, and be-
fore the date which is 5 years after the 
date of the enactment of the Affordable 
American-made Automobile Act) if the 
price of such vehicle is not more than 
$35,000, and 
‘‘(ii) $7,500 if the price of such vehi-
cle is greater than $35,000. 
‘‘(B) DETERMINATION
OF
PRICE.—For 
purposes of this paragraph, the term ‘price’ 
means— 
‘‘(i) except as provided in clause (ii), 
the final sales price agreed upon by the 
taxpayer and the person from whom the 
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taxpayer acquires such vehicle (determined 
without regard to any taxes or fees im-
posed by any State or local government), 
and 
‘‘(ii) in the case of a lease, the price 
of the vehicle stated in the lease agreement 
between the lessor and lessee (as so deter-
mined). 
‘‘(3) USED BATTERY ELECTRIC MOTOR VEHI-
CLES.—The amount determined under this sub-
section with respect to any used battery electric 
motor vehicle is— 
‘‘(A) $5,000 if the taxpayer trades in a ve-
hicle that is powered by an internal combustion 
engine in connection with the taxpayer’s acqui-
sition of such used battery electric motor vehi-
cle, and 
‘‘(B) $0 in any other case.’’; and 
(C) in paragraph (5) (as so redesignated), 
by striking ‘‘a vehicle’’ and inserting ‘‘a new 
qualified plug-in electric drive motor vehicle’’. 
(3) CREDIT ELIGIBLE ELECTRIC MOTOR VEHI-
CLE.—Section 30D(d) of such Code is amended— 
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(A) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (5), (6), and (7), respec-
tively; 
(B) by redesignating paragraph (1) as 
paragraph (2); 
(C) in paragraph (2) (as so redesig-
nated)— 
(i) in subparagraph (F), by inserting 
‘‘utilizes an internal combustion engine 
and’’ before ‘‘is propelled’’; and 
(ii) by striking ‘‘IN GENERAL’’ in the 
heading and inserting ‘‘NEW
QUALIFIED 
PLUG-IN
ELECTRIC
DRIVE
MOTOR
VEHI-
CLE’’; 
(D) by striking all that precedes paragraph 
(2) (as so redesignated) and inserting the fol-
lowing: 
‘‘(d) CREDIT ELIGIBLE MOTOR VEHICLE.—For pur-
poses of this section— 
‘‘(1) CREDIT ELIGIBLE MOTOR VEHICLE.—The 
term ‘credit eligible motor vehicle’ means— 
‘‘(A) a new qualified plug-in electric drive 
motor vehicle, 
‘‘(B) a new battery electric motor vehicle, 
and 
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‘‘(C) a used battery electric motor vehi-
cle.’’; and 
(E) by inserting after paragraph (2) (as so 
redesignated) the following new paragraphs: 
‘‘(3) NEW
BATTERY
ELECTRIC
MOTOR
VEHI-
CLE.—The term ‘new battery electric motor vehicle’ 
means a motor vehicle— 
‘‘(A) which meets the requirements of sub-
paragraphs (A) through (E) of paragraph (2), 
‘‘(B) which is powered by a battery electric 
drive train, 
‘‘(C) which produces zero exhaust emis-
sions of any criteria pollutant (including any 
precursor pollutant) or greenhouse gas (other 
than emissions from air conditioning systems) 
under any possible operational modes or condi-
tions, 
‘‘(D) the battery cell, battery pack, battery 
cooling system, and battery management sys-
tem of which are all manufactured in the 
United States, and 
‘‘(E) the assembly of which is in the 
United States. 
‘‘(4) USED BATTERY ELECTRIC MOTOR VEHI-
CLE.— 
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‘‘(A) IN GENERAL.—The term ‘used bat-
tery electric motor vehicle’ means a motor vehi-
cle— 
‘‘(i) the original use of which com-
mences with a person other than the tax-
payer, 
‘‘(ii) which meets the requirements of 
subparagraphs (B) through (E) of para-
graph (2), and 
‘‘(iii) which meets the requirements of 
subparagraphs (B) through (E) of para-
graph (3). 
‘‘(B) ONLY 1 CREDIT PER VEHICLE.—No 
credit shall be allowed under this section with 
respect to any used battery electric motor vehi-
cle placed in service by the taxpayer if a credit 
is allowable under this section by reason of such 
vehicle being placed in service at any time prior 
to the time that such vehicle is placed in service 
by the taxpayer (other than a credit which is so 
allowable by reason of such vehicle being a new 
battery electric motor vehicle).’’. 
(b) CARRYOVER
OF PERSONAL CREDIT.—Section 
30D(c)(2) of such Code is amended— 
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(1) by striking ‘‘For purposes’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—For purposes’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) CARRYBACK AND CARRYFORWARD OF 
UNUSED CREDITS.— 
‘‘(i) IN GENERAL.—If the credit de-
scribed in subparagraph (A) exceeds the 
limitation imposed by section 26(a) for the 
taxable year reduced by the sum of the 
credits allowable under subpart A (deter-
mined without regard to the credit de-
scribed in subparagraph (A)), such excess 
shall be— 
‘‘(I) carried back to the taxable 
year preceding the taxable year in 
which such amount arose, and 
‘‘(II) carried forward to the 5 
taxable years following the taxable 
year in which such amount arose. 
‘‘(ii) LIMITATION.—For purposes of 
clause (i), the amount of credit carried 
back or forward under such clause— 
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‘‘(I) shall be taken into account 
as a credit described in subparagraph 
(A) for the taxable year to which car-
ried (except, in the case of a 
carryback, such amount shall not be 
taken into account for purposes of ap-
plying clause (i) to such taxable year), 
and 
‘‘(II) such amounts shall be 
treated as used on a first-in, first-out 
basis, determined on the basis of the 
taxable year in which such amount 
arose.’’. 
(c) ASSIGNMENT OF CREDIT TO FINANCING ENTI-
TY.—Section 30D(f) of such Code is amended by adding 
at the end the following new paragraph: 
‘‘(8) CREDIT MAY BE ASSIGNED TO FINANCING 
ENTITY.— 
‘‘(A) IN GENERAL.—In the case of a credit 
determined under subsection (a) with respect to 
a new qualified plug-in electric drive motor ve-
hicle or a new battery electric motor vehicle, the 
taxpayer to whom such credit would (but for 
this paragraph) be allowed under subsection (a) 
for any taxable year may assign such credit to 
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the person who financed the purchase (or lease 
of at least 2 years) of such vehicle. Any person 
to whom such credit is assigned under the pre-
ceding sentence shall be treated for purposes of 
this title as the taxpayer who placed such vehi-
cle in service. 
‘‘(B) DISCLOSURE
REQUIREMENT.—Sub-
paragraph (A) shall not apply with respect to 
any vehicle unless the person to whom the cred-
it is assigned clearly discloses in writing to the 
taxpayer the amount of the credit allowable 
under subsection (a) with respect to such vehi-
cle (determined without regard to subsection 
(c)).’’. 
(d) MODIFICATION OF TERMINATION OF CREDIT.— 
(1) REPEAL
OF
MANUFACTURERS
LIMITA-
TION.—Section 30D of such Code is amended by 
striking subsection (e). 
(2) TERMINATION OF CREDIT.—Section 30D of 
such Code is amended by adding at the end the fol-
lowing new subsection: 
‘‘(h) TERMINATION.—This section shall not apply to 
any vehicle placed in service after December 31, 2030.’’. 
(e) EFFECTIVE DATES.— 
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(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by 
this section shall apply to vehicles acquired after De-
cember 31, 2018. 
(2) CARRYFORWARD.—The amendments made 
by subsection (b) shall apply to vehicles acquired 
after the date of the enactment of this Act. 
(3) ASSIGNMENT.—The amendment made by 
subsection (c) shall apply to vehicles acquired after 
the date which is 60 days after the date of the en-
actment of this Act. 
SEC. 3. ALTERNATIVE FUEL VEHICLE REFUELING PROP-
ERTY CREDIT EXTENDED FOR ELECTRIC VE-
HICLE CHARGING STATIONS. 
(a) EXTENSION.—Section 30C(g) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘December 
31, 2017’’ and inserting ‘‘December 31, 2030’’. 
(b) REPEAL OF LIMITATION.—Section 30C of such 
Code is amended by striking subsection (b). 
(c) APPLICATION TO ELECTRIC VEHICLE CHARGING 
STATIONS.— 
(1) IN GENERAL.—Section 30C(a) of such Code 
is amended by striking ‘‘qualified alternative fuel ve-
hicle refueling property’’ and inserting ‘‘electric vehi-
cle charging station’’. 
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(2) ELECTRIC VEHICLE CHARGING STATION DE-
FINED.—Section 30C(c) of such Code is amended to 
read as follows: 
‘‘(c) ELECTRIC VEHICLE CHARGING STATION.—For 
purposes of this section, the term ‘electric vehicle charging 
station’ means a station designed for recharging an elec-
tric battery of a credit eligible motor vehicle (as defined 
in section 30D(d), but determined without regard to the 
requirements of subparagraphs (D) and (E) of paragraph 
(3) thereof).’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 30C(e)(2) of such Code is amended 
by striking ‘‘qualified alternative fuel vehicle refuel-
ing property’’ and inserting ‘‘electric vehicle charg-
ing station’’. 
(2) Section 30C(e) of such Code is amended by 
striking paragraph (6) and redesignating paragraph 
(7) as paragraph (6). 
(3) Section 38(b)(25) of such Code is amended 
by striking ‘‘alternative fuel vehicle refueling prop-
erty credit’’ and inserting ‘‘electric vehicle charging 
station credit’’. 
(4) The heading of section 30C of such Code 
(and the item relating to such section in the table 
of sections for subpart B of part IV of subchapter 
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A of chapter 1 of such Code) is amended by striking 
‘‘ALTERNATIVE
FUEL
VEHICLE
REFUELING 
PROPERTY’’ and inserting ‘‘ELECTRIC VEHICLE 
RECHARGING STATION’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2018. 
SEC. 4. PRIVATE ACTIVITY BONDS RELATED TO ELECTRIC 
VEHICLE MANUFACTURING. 
(a) IN GENERAL.—Section 142(a) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘or’’ at the 
end of paragraph (14), by striking the period at the end 
of paragraph (15) and inserting ‘‘, or’’, and by adding at 
the end the following new paragraph: 
‘‘(16) a qualified battery electric motor vehicle 
manufacturing facility or a qualified electric vehicle 
battery manufacturing facility.’’. 
(b) FACILITIES DEFINED.—Section 142 of such Code 
is amended by adding at the end the following new sub-
section: 
‘‘(n) QUALIFIED BATTERY ELECTRIC MOTOR VEHI-
CLE MANUFACTURING AND QUALIFIED ELECTRIC VEHI-
CLE BATTERY MANUFACTURING FACILITIES.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(16)— 
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‘‘(A) the term ‘qualified battery electric 
motor vehicle manufacturing facility’ means a 
battery electric motor vehicle manufacturing fa-
cility designated by the Secretary under this 
subsection, and 
‘‘(B) the term ‘qualified electric vehicle 
battery manufacturing facility’ means an elec-
tric vehicle battery manufacturing facility des-
ignated by the Secretary under this subsection. 
‘‘(2) BATTERY ELECTRIC MOTOR VEHICLE MAN-
UFACTURING FACILITY.—For purposes of this sub-
section— 
‘‘(A) IN
GENERAL.—The term ‘battery 
electric motor vehicle manufacturing facility’ 
means a facility for manufacturing battery elec-
tric motor vehicles. 
‘‘(B) BATTERY
ELECTRIC
MOTOR
VEHI-
CLES.—The term ‘battery electric motor vehicle’ 
means an automobile which is powered by a 
battery electric drive train and which produces 
zero exhaust emissions of any criteria pollutant 
(including any precursor pollutant) or green-
house gas (other than emissions from air condi-
tioning systems) under any possible operational 
modes or conditions. 
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‘‘(3) ELECTRIC VEHICLE BATTERY MANUFAC-
TURING FACILITY.—The term ‘electric vehicle bat-
tery manufacturing facility’ means a facility for 
manufacturing batteries for use in battery electric 
motor vehicles. 
‘‘(4) AGGREGATE
LIMITATION
ON
DESIGNA-
TIONS.— 
‘‘(A) IN GENERAL.—An issue shall not be 
treated as an issue described in subsection 
(a)(16) if the aggregate face amount of bonds 
issued by the State or local government pursu-
ant thereto for any facility (when added to the 
aggregate face amount of bonds previously so 
issued for such facility) exceeds the amount al-
located to such facility by the Secretary under 
this subsection. 
‘‘(B) AGGREGATE LIMITATION.—The Sec-
retary 
many 
not 
allocate 
more 
than 
$15,000,000,000 to facilities designated under 
this subsection. 
‘‘(5) STANDARDS FOR DESIGNATION.—The Sec-
retary shall not designate a facility for purposes of 
this subsection unless— 
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‘‘(A) an application has been submitted to 
the Secretary with respect to such facility which 
meets the requirements of paragraph (7), 
‘‘(B) such facility is located in the United 
States, 
‘‘(C) such facility has been nominated by a 
State or local government during the 180-day 
period ending with the date of such application, 
and 
‘‘(D) such State or local government pro-
vides written assurances of the accuracy of the 
application with respect to such facility. 
‘‘(6) PRIORITY FOR RETOOLING OF EXISTING 
FACILITIES.—The Secretary shall give priority in 
making designations and allocations under this sub-
section to the retooling of existing manufacturing fa-
cilities, especially the oldest facilities or facilities 
that have been in existence for at least 20 years 
(whether or not such facilities are idle). 
‘‘(7) CONDITIONAL DESIGNATIONS.—The Sec-
retary may approve a designation under this sub-
section subject to such conditions as the Secretary 
may determine are necessary to satisfy the purposes 
of this subsection or to protect the national security 
interests of the United States. 
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‘‘(8) APPLICATION.—An application with re-
spect to a facility for designation under this sub-
section shall include— 
‘‘(A) a written agreement that— 
‘‘(i) all laborers and mechanics em-
ployed by contractors or subcontractors 
during construction, alteration, or repair 
that is financed, in whole or in part, by the 
proceeds of the issue shall be paid wages 
at rates not less than those prevailing on 
similar construction in the locality, as de-
termined by the Secretary of Labor in ac-
cordance with sections 3141–3144, 3146, 
and 3147 of title 40, United States Code, 
and 
‘‘(ii) the Secretary of Labor shall, 
with respect to the labor standards de-
scribed in clause (i), have the authority 
and functions set forth in Reorganization 
Plan Numbered 14 of 1950 (5 U.S.C. 
App.) and section 3145 of title 40, United 
States Code, 
‘‘(B) evidence satisfactory to the Secretary 
that the project will improve the global competi-
tive position of the United States in the electric 
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vehicle industry, will stimulate the regional 
economy at the facility location, and will pro-
vide quality jobs and labor standards consistent 
with the United States automobile industry, 
and 
‘‘(C) a demonstration that the facility in-
cludes the use of energy efficiency, renewable 
energy, and other sustainable design features to 
the extent feasible. 
‘‘(9) TIME LIMIT ON EXPENDITURE OF BOND 
PROCEEDS.—An issue shall not be treated as an 
issue described in subsection (a)(16) unless at least 
95 percent of the net proceeds of the issue are ex-
pended for the facility designated under this sub-
section within the 5-year period beginning on the 
date of issuance. If at least 95 percent of such net 
proceeds is not so expended within such 5-year pe-
riod, an issue shall be treated as continuing to be 
described in subsection (a)(16) if the issuer uses all 
remaining proceeds of the issue to redeem bonds of 
the issue within 90 days after the end of such 5-year 
period. The Secretary, at the request of the issuer, 
may extend such 5-year period if the issuer estab-
lishes that the failure to make such expenditures is 
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dlhill on DSKBBY8HB2PROD with BILLS
due to circumstances beyond the control of the 
issuer.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to bonds issued after the date of 
the enactment of this Act. 
Æ 
VerDate Sep 11 2014 
00:33 Dec 19, 2019
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dlhill on DSKBBY8HB2PROD with BILLS