[Congressional Record Volume 169, Number 93 (Wednesday, May 31, 2023)]
[Senate]
[Pages S1850-S1851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 94. Mr. VANCE submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                    TITLE ___--INCOME TAX PROVISIONS

     SEC. _01. AMENDMENT OF 1986 CODE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Internal Revenue Code of 1986.

           Subtitle A--Repeal of Electric Vehicle Incentives

     SEC. _11. CLEAN VEHICLE CREDIT.

       (a) Per Vehicle Dollar Limitation.--Section 30D(b) is 
     amended by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Base amount.--The amount determined under this 
     paragraph is $2,500.
       ``(3) Battery capacity.--In the case of a vehicle which 
     draws propulsion energy from a battery with not less than 5 
     kilowatt hours of capacity, the amount determined under this 
     paragraph is $417, plus $417 for each kilowatt hour of 
     capacity in excess of 5 kilowatt hours. The amount determined 
     under this paragraph shall not exceed $5,000.''.
       (b) Final Assembly.--Section 30D(d) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (E), by adding ``and'' at the end,
       (B) in subparagraph (F)(ii), by striking the comma at the 
     end and inserting a period, and
       (C) by striking subparagraph (G), and
       (2) by striking paragraph (5).
       (c) Definition.--
       (1) In general.--Section 30D(d), as amended by subsection 
     (b), is amended--
       (A) in the heading, by striking ``Clean'' and inserting 
     ``Qualified Plug-In Electric Drive Motor'',
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``clean'' and inserting ``qualified plug-in electric drive 
     motor'',
       (ii) in subparagraph (C), by striking ``qualified'' before 
     ``manufacturer'',
       (iii) in subparagraph (F)(i), by striking ``7'' and 
     inserting ``4'', and
       (iv) by striking subparagraph (H),
       (C) in paragraph (3)--
       (i) in the heading, by striking ``qualified manufacturer'' 
     and inserting ``Manufacturer'', and
       (ii) by striking ``The term `qualified manufacturer' 
     means'' and all that follows through the period and inserting 
     ``The term `manufacturer' has the meaning given such term in 
     regulations prescribed by the Administrator of the 
     Environmental Protection Agency for purposes of the 
     administration of title II of the Clean Air Act (42 U.S.C. 
     7521 et seq.).'', and
       (D) by striking paragraph (6).
       (2) Conforming amendments.--Section 30D is amended--
       (A) in subsection (a), by striking ``new clean vehicle'' 
     and inserting ``new qualified plug-in electric drive motor 
     vehicle'', and
       (B) in subsection (b)(1), by striking ``new clean vehicle'' 
     and inserting ``new qualified plug-in electric drive motor 
     vehicle''.
       (d) Critical Mineral Requirements Removed.--Section 30D is 
     amended by striking subsection (e).
       (e) Limitation on Number of Vehicles Eligible for Credit 
     Restored.--
       (1) In general.--Section 30D is amended by inserting after 
     subsection (d) the following:
       ``(e) Limitation on Number of New Qualified Plug-In 
     Electric Drive Motor Vehicles Eligible for Credit.--
       ``(1) In general.--In the case of a new qualified plug-in 
     electric drive motor vehicle sold during the phaseout period, 
     only the applicable percentage of the credit otherwise 
     allowable under subsection (a) shall be allowed.
       ``(2) Phaseout period.--For purposes of this subsection, 
     the phaseout period is the period beginning with the second 
     calendar quarter following the calendar quarter which 
     includes the first date on which the number of new qualified 
     plug-in electric drive motor vehicles manufactured by the 
     manufacturer of the vehicle referred to in paragraph (1) sold 
     for use in the United States after December 31, 2009, is at 
     least 200,000.
       ``(3) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage is--
       ``(A) 50 percent for the first 2 calendar quarters of the 
     phaseout period,
       ``(B) 25 percent for the 3rd and 4th calendar quarters of 
     the phaseout period, and (C)
       ``(C) 0 percent for each calendar quarter thereafter.
       ``(4) Controlled groups.--Rules similar to the rules of 
     section 30B(f)(4) shall apply for purposes of this 
     subsection.''.
       (2) Excluded entities.--Section 30D(d), as amended by 
     Public Law 117-169, is amended by striking paragraph (7).
       (f) Special Rules Repealed.--Section 30D(f) is amended by 
     striking paragraphs (8), (9), (10), and (11).
       (g) Transfer of Credit Repealed.--
       (1) In general.--Section 30D is amended by striking 
     subsection (g).
       (2) Restoration of text relating to plug-in electric 
     vehicles.--Section 30D is amended by inserting after 
     subsection (f) the following:
       ``(g) Credit Allowed for 2- and 3-wheeled Plug-In Electric 
     Vehicles.--
       ``(1) In general.--In the case of a qualified 2- or 3-
     wheeled plug-in electric vehicle--
       ``(A) there shall be allowed as a credit against the tax 
     imposed by this chapter for the taxable year an amount equal 
     to the sum of the applicable amount with respect to each such 
     qualified 2- or 3-wheeled plug-in electric vehicle placed in 
     service by the taxpayer during the taxable year, and
       ``(B) the amount of the credit allowed under subparagraph 
     (A) shall be treated as a credit allowed under subsection 
     (a).
       ``(2) Applicable amount.--For purposes of paragraph (1), 
     the applicable amount is an amount equal to the lesser of--
       ``(A) 10 percent of the cost of the qualified 2- or 3-
     wheeled plug-in electric vehicle, or
       ``(B) $2,500.

[[Page S1851]]

       ``(3) Qualified 2- or 3-wheeled plug-in electric vehicle.--
     The term `qualified 2- or 3-wheeled plug-in electric vehicle' 
     means any vehicle which--
       ``(A) has 2 or 3 wheels,
       ``(B) meets the requirements of subparagraphs (A), (B), 
     (C), (E), and (F) of subsection (d)(1) (determined by 
     substituting `2.5 kilowatt hours' for `4 kilowatt hours' in 
     subparagraph (F)(i)),
       ``(C) is manufactured primarily for use on public streets, 
     roads, and highways,
       ``(D) is capable of achieving a speed of 45 miles per hour 
     or greater, and
       ``(E) is acquired--
       ``(i) after December 31, 2011, and before January 1, 2014, 
     or
       ``(ii) in the case of a vehicle that has 2 wheels, after 
     December 31, 2014, and before January 1, 2022.''.
       (3) Conforming amendments reversed.--Section 30D(f), as 
     amended by Public Law 117-169, is amended--
       (A) by inserting after paragraph (2) the following:
       ``(3) Property used by tax-exempt entity.--In the case of a 
     vehicle the use of which is described in paragraph (3) or (4) 
     of section 50(b) and which is not subject to a lease, the 
     person who sold such vehicle to the person or entity using 
     such vehicle shall be treated as the taxpayer that placed 
     such vehicle in service, but only if such person clearly 
     discloses to such person or entity in a document the amount 
     of any credit allowable under subsection (a) with respect to 
     such vehicle (determined without regard to subsection (c)). 
     For purposes of subsection (c), property to which this 
     paragraph applies shall be treated as of a character subject 
     to an allowance for depreciation.'', and
       (B) in paragraph (8), by striking ``, including any vehicle 
     with respect to which the taxpayer elects the application of 
     subsection (g)''.
       (h) Termination Repealed.--Section 30D is amended by 
     striking subsection (h).
       (i) Additional Conforming Amendments.--
       (1) The heading of section 30D is amended by striking 
     ``clean vehicle credit'' and inserting ``new qualified plug-
     in electric drive motor vehicles''.
       (2) Section 30B is amended--
       (A) in subsection (h)(8) by inserting ``, except that no 
     benefit shall be recaptured if such property ceases to be 
     eligible for such credit by reason of conversion to a 
     qualified plug-in electric drive motor vehicle'', before the 
     period at the end, and
       (B) by inserting after subsection (h) the following 
     subsection:
       ``(i) Plug-In Conversion Credit.--
       ``(1) In general.--For purposes of subsection (a), the 
     plug-in conversion credit determined under this subsection 
     with respect to any motor vehicle which is converted to a 
     qualified plug-in electric drive motor vehicle is 10 percent 
     of so much of the cost of the converting such vehicle as does 
     not exceed $40,000.
       ``(2) Qualified plug-in electric drive motor vehicle.--For 
     purposes of this subsection, the term `qualified plug-in 
     electric drive motor vehicle' means any new qualified plug-in 
     electric drive motor vehicle (as defined in section 30D, 
     determined without regard to whether such vehicle is made by 
     a manufacturer or whether the original use of such vehicle 
     commences with the taxpayer).
       ``(3) Credit allowed in addition to other credits.--The 
     credit allowed under this subsection shall be allowed with 
     respect to a motor vehicle notwithstanding whether a credit 
     has been allowed with respect to such motor vehicle under 
     this section (other than this subsection) in any preceding 
     taxable year.
       ``(4) Termination.--This subsection shall not apply to 
     conversions made after December 31, 2011.''.
       (3) Section 38(b)(30) is amended by striking ``clean'' and 
     inserting ``qualified plug-in electric drive motor''.
       (4) Section 6213(g)(2) is amended by striking subparagraph 
     (T).
       (5) Section 6501(m) is amended by striking ``30D(f)(6)'' 
     and inserting ``30D(e)(4)''.
       (6) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 is amended by striking the item 
     relating to section 30D and inserting after the item relating 
     to section 30C the following item:

``Sec. 30D. New qualified plug-in electric drive motor vehicles.''.
       (j) Gross up Repealed.--Section 13401 of Public Law 117-169 
     is amended by striking subsection (j).
       (k) Transition Rule Repealed.--Section 13401 of Public Law 
     117-169 is amended by striking subsection (l).
       (l) Effective Dates.--
       (1) In general.--Except as provided in paragraphs (2), (3), 
     (4), and (5), the amendments made by this section shall apply 
     to vehicles placed in service after December 31, 2022.
       (2) Final assembly.--The amendments made by subsection (b) 
     shall apply to vehicles sold after August 16, 2022.
       (3) Manufacturer limitation.--The amendment made by 
     subsections (d) and (e) shall apply to vehicles sold after 
     December 31, 2022.
       (4) Transfer of credit.--The amendments made by subsection 
     (g) shall apply to vehicles placed in service after December 
     31, 2023.
       (5) Transition rule.--The amendment made by subsection (k) 
     shall take effect as if included in Public Law 117-169.

     SEC. _12. REPEAL OF CREDIT FOR PREVIOUSLY-OWNED CLEAN 
                   VEHICLES.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 is amended by striking section 25E (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendment.--Section 6213(g)(2) is amended by 
     striking subparagraph (U).
       (c) Effective Date.--The amendments made by this section 
     shall apply to vehicles acquired after December 31, 2022.

     SEC. _13. REPEAL OF CREDIT FOR QUALIFIED COMMERCIAL CLEAN 
                   VEHICLES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 is amended by striking section 45W (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendments.--
       (1) Section 38(b) is amended by striking paragraph (37).
       (2) Section 6213(g)(2) is amended by striking subparagraph 
     (V).
       (c) Effective Date.--The amendments made by this section 
     shall apply to vehicles acquired after December 31, 2022.

     SEC. _14. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.

       (a) In General.--Section 30C(i) is amended by striking 
     ``December 31, 2032'' and inserting ``December 31, 2021''.
       (b) Property of a Character Subject to Depreciation.--
       (1) In general.--Section 30C(a) is amended by striking ``(6 
     percent in the case of property of a character subject to 
     depreciation)''.
       (2) Modification of credit limitation.--Subsection (b) of 
     section 30C is amended--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``with respect to any single item of'' and 
     inserting ``with respect to all'', and
       (ii) by inserting ``at a location'' before ``shall not 
     exceed'', and
       (B) in paragraph (1), by striking ``$100,000 in the case of 
     any such item of property'' and inserting ``$30,000 in the 
     case of a property''.
       (3) Bidirectional charging equipment not included; eligible 
     census tract requirement removed.--Section 30C(c) is amended 
     to read as follows:
       ``(c) Qualified Alternative Fuel Vehicle Refueling 
     Property.--For purposes of this section, the term `qualified 
     alternative fuel vehicle refueling property' has the same 
     meaning as the term `qualified clean-fuel vehicle refueling 
     property' would have under section 179A if--
       ``(1) paragraph (1) of section 179A(d) did not apply to 
     property installed on property which is used as the principal 
     residence (within the meaning of section 121) of the 
     taxpayer, and
       ``(2) only the following were treated as clean-burning 
     fuels for purposes of section 179A(d):
       ``(A) Any fuel at least 85 percent of the volume of which 
     consists of one or more of the following: ethanol, natural 
     gas, compressed natural gas, liquified natural gas, liquefied 
     petroleum gas, or hydrogen.
       ``(B) Any mixture--
       ``(i) which consists of two or more of the following: 
     biodiesel (as defined in section 40A(d)(1)), diesel fuel (as 
     defined in section 4083(a)(3)), or kerosene, and
       ``(ii) at least 20 percent of the volume of which consists 
     of biodiesel (as so defined) determined without regard to any 
     kerosene in such mixture.
       ``(C) Electricity.''.
       (c) Certain Electric Charging Stations Not Included as 
     Qualified Alternative Fuel Vehicle Refueling Property; Wage 
     and Apprenticeship Requirements Removed.--Section 30C is 
     amended by striking subsections (f) and (g) and redesignating 
     subsections (h) and (i) as subsections (f) and (g), 
     respectively.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2021.

              Subtitle B--Elimination of Marriage Penalty

     SEC. _21. EARNED INCOME TAX CREDIT.

       (a) In General.--Section 32(b)(2)(B) is amended by striking 
     ``increased by $5,000'' and inserting ``equal to 200 percent 
     of the amount otherwise applicable under such subparagraph''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2022.
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