[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 683 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 683
To establish a voluntary program in the National Highway Traffic Safety
Administration to encourage consumers to purchase or lease new
automobiles made in the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2019
Mr. Brown (for himself and Ms. Cortez Masto) introduced the following
bill; which was read twice and referred to the Committee on Finance
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A BILL
To establish a voluntary program in the National Highway Traffic Safety
Administration to encourage consumers to purchase or lease new
automobiles made in the United States, and for other purposes.
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 ``American Cars, American Jobs Act of
2019''.
SEC. 2. AMERICAN CARS, AMERICAN JOBS PROGRAM.
(a) Definitions.--In this section:
(1) Automobile.--The term ``automobile'' has the meaning
given the term in section 32901(a) of title 49, United States
Code.
(2) Automobile made in the united states.--The term
``automobile made in the United States'' means an automobile
that meets the requirements described in paragraph (1) or (2)
of subsection (c).
(3) Dealer.--The term ``dealer'' means a person licensed by
a State who engages in the sale of new automobiles to ultimate
purchasers.
(4) Program.--The term ``Program'' means the American Cars,
American Jobs Program established by subsection (b).
(5) Qualifying lease.--The term ``qualifying lease'' means
a lease of an automobile for a period of not less than 5 years.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation, acting through the Administrator of the
National Highway Traffic Safety Administration.
(7) Ultimate purchaser.--The term ``ultimate purchaser''
means, with respect to any new automobile, the first person who
in good faith purchases the automobile for purposes other than
resale.
(8) Vehicle identification number.--The term ``vehicle
identification number'' means the 17-character number used by
the automobile industry to identify individual automobiles.
(9) Voucher.--The term ``voucher'' means an electronic
transfer of funds to a dealer based on an eligible transaction
under this section.
(b) Establishment.--There is established in the National Highway
Traffic Safety Administration a voluntary program, to be known as the
``American Cars, American Jobs Program'', through which the Secretary,
in accordance with this section and the regulations promulgated under
subsection (e), shall--
(1) authorize the issuance of an electronic voucher,
subject to the limitations described in subsection (d), to
offset the purchase price or lease price for a qualifying
purchase or qualifying lease, respectively, of a new automobile
made in the United States;
(2) register dealers for participation in the Program and
require that all registered dealers accept vouchers as provided
in this section as partial payment or down payment for the
purchase or qualifying lease of any new automobile made in the
United States offered for sale or lease by that dealer;
(3) in consultation with the Secretary of the Treasury,
make electronic payments to dealers for eligible transactions
by the dealers described in paragraph (2), in accordance with
the regulations promulgated under subsection (e); and
(4) in consultation with the Secretary of the Treasury and
the Inspector General of the Department of Transportation,
establish and provide for the enforcement of measures to
prevent and penalize fraud under the Program.
(c) Qualifications for and Value of Vouchers.--
(1) Voucher for passenger vehicles.--Except as provided in
paragraph (2), a voucher issued under the Program shall have a
value of $3,500 that may be applied to offset the purchase
price or lease price for a purchase or qualifying lease,
respectively, of a new automobile made in the United States, if
the automobile--
(A) for the most recent model year, is determined
by the Secretary to contain content of which not less
than 45 percentage (by value) is of United States/
Canadian origin (as those terms are defined in section
32304(a) of title 49, United States Code); and
(B) is assembled in the United States.
(2) Voucher for plug-in electric drive vehicles.--A voucher
issued under the Program shall have a value of $4,500 that may
be applied to offset the purchase price or lease price for a
purchase or qualifying lease, respectively, of a new automobile
made in the United States, if the automobile--
(A) for the most recent model year, is determined
by the Secretary to contain content of which not less
than 45 percentage (by value) is of United States/
Canadian origin (as those terms are defined in section
32304(a) of title 49, United States Code);
(B) is assembled in the United States; and
(C) is a new qualified plug-in electric drive motor
vehicle (as defined in section 30D(d) of the Internal
Revenue Code of 1986).
(d) Program Limitations.--
(1) General period of eligibility.--A voucher issued under
the Program shall be used only in connection with the purchase
or qualifying lease of a new automobile made in the United
States that occurs during the period--
(A) beginning on the date that is 75 days after the
date of enactment of this Act; and
(B) ending on the date that is 2 years after the
date described in subparagraph (A).
(2) Number of vouchers per person and per trade-in
vehicle.--Not more than 1 voucher may be issued under the
Program for a single person.
(3) No combination of vouchers.--Only 1 voucher issued
under the Program may be applied toward the purchase or
qualifying lease of a single new automobile made in the United
States.
(4) Combination with other incentives permitted.--The
availability or use of a Federal, State, or local incentive or
a State-issued voucher for the purchase or lease of a new
automobile made in the United States shall not limit the value
or issuance of a voucher under the Program to any person
otherwise eligible to receive such a voucher.
(5) No additional fees.--A dealer participating in the
Program may not charge a person purchasing or leasing a new
automobile made in the United States any additional fees
associated with the use of a voucher under the Program.
(6) Number and amount.--The total number and value of
vouchers issued under the Program may not exceed the amounts
appropriated for that purpose.
(e) Regulations.--
(1) In general.--Notwithstanding section 553 of title 5,
United States Code, not later than 60 days after the date of
enactment of this Act, the Secretary shall promulgate final
regulations to implement the Program.
(2) Requirements.--The regulations under paragraph (1)
shall--
(A) provide for a means of registering dealers for
participation in the Program;
(B) establish procedures for the reimbursement of
dealers participating in the Program to be made through
electronic transfer of funds for the amount of the
vouchers as soon as practicable, but not longer than 10
days, after the date of submission of information
supporting the eligible transaction, as the Secretary
determines to be appropriate;
(C) require each applicable dealer to use a voucher
under the Program in addition to any other rebate or
discount advertised by the dealer or offered by the
manufacturer for an applicable new automobile made in
the United States; and
(D) prohibit each applicable dealer from using a
voucher under the Program to offset any other rebate or
discount described in subparagraph (C).
(f) Anti-Fraud Provisions.--
(1) Violation.--It shall be unlawful for any person to
violate this section or any regulations promulgated pursuant to
subsection (e) (other than by making a clerical error).
(2) Penalties.--
(A) In general.--Any person who commits a violation
described in paragraph (1) shall be liable to the
Federal Government for a civil penalty of not more than
$15,000 for each violation.
(B) Authority of the secretary.--The Secretary
may--
(i) assess and compromise penalties under
subparagraph (A); and
(ii) require from any person the records
and inspections necessary to enforce the
Program.
(C) Determination.--In determining the amount of a
civil penalty under this paragraph, the severity of the
applicable violation and the intent and history of the
person committing the violation shall be taken into
account.
(g) Information to Consumers and Dealers.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, and promptly after receiving any update
of any relevant information, the Secretary shall make available
on an internet website and through other means determined by
the Secretary information about the Program, including--
(A) how to participate in the Program, including
how to determine participating dealers; and
(B) a comprehensive list, by make and model, of new
automobiles made in the United States meeting the
requirements of the Program.
(2) Public awareness campaign.--Once the information
described in paragraph (1) is available, the Secretary shall
conduct a public awareness campaign to inform consumers about
the Program and where to obtain additional information.
(h) Recordkeeping and Report.--
(1) Database.--The Secretary shall maintain a database of
the vehicle identification numbers of all new automobiles made
in the United States purchased or leased under the Program.
(2) Report on efficacy of the program.--Not later than 60
days after the end of the period described in subsection
(d)(1), the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report describing the efficacy of the
Program, including--
(A) a description of Program results, including--
(i) the total number and amount of vouchers
issued for purchase or qualifying lease of new
automobiles made in the United States by--
(I) manufacturer (including
aggregate information concerning the
make, model, and model year); and
(II) category of automobile; and
(ii) the location of sale or qualifying
lease; and
(B) an estimate of the overall economic and
employment effects of the Program.
(i) Exclusion of Vouchers From Income.--
(1) For purposes of all federal and state programs.--A
voucher issued under this section or any payment made for such
a voucher under subsection (b)(3) shall not be regarded as
income and shall not be regarded as a resource for the month of
receipt of the voucher and the following 12 months, for
purposes of determining the eligibility of the recipient of the
voucher (or a spouse or other family or household members of
the recipients) for benefits or assistance, or the amount or
extent of benefits or assistance, under any Federal or State
program.
(2) For purposes of taxation.--A voucher issued under this
section or any payment made for such a voucher under subsection
(b)(3) shall be deemed not to be income of the purchaser of an
automobile for purposes of the Internal Revenue Code of 1986.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary $3,000,000,000 to carry out the Program, to
remain available until expended.
(2) Administration.--Of the amounts appropriated under
paragraph (1), not more than $1,000,000 may be made available
for the administration of the Program.
SEC. 3. DISALLOWANCE OF DEDUCTION FOR GLOBAL LOW-TAXED INCOME FOR
CERTAIN AUTOMOBILE COMPANIES.
(a) In General.--Section 250 of the Internal Revenue Code of 1986
is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Special Rule for Certain Motor Vehicle Manufacturers.--
``(1) In general.--The amount determined under subsection
(a)(1)(B) shall be zero for any taxable year of a domestic
corporation described in paragraph (2) if the number of full-
time employees of such corporation performing substantially all
of their services inside the United States during such taxable
year is less than the number of such employees on December 20,
2017.
``(2) Domestic corporation described.--A domestic
corporation is described in this paragraph with respect to any
taxable year if such domestic corporation--
``(A) is a manufacturer (within the meaning of
section 30B) of motor vehicles (as defined in section
30B(h)(1)), and
``(B) is a United States shareholder of a
controlled foreign corporation which increases the
number of full-time employees of such controlled
foreign corporation during period comprising of the
taxable year of such domestic corporation.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act.
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