Congressional Record — Senate, S4397 (August 6, 2022)
Summary
A page of the Congressional Record, Senate, dated August 6, 2022, at page S4397, carrying amendment text for the reconciliation bill H.R. 5376. The text sets out provisions for a vehicle credit in which a dealer that sold the vehicle must register with the Secretary and disclose to the taxpayer the manufacturer's suggested retail price and the value of the credit, with rules on excessive payments and on the treatment of advance payments. It also contains a conforming change to a provision at 42 U.S.C. 1396r–9. Mr. Hagerty submitted amendment SA 5485 to amendment SA 5194 proposed by Mr. Schumer, which would strike section 13301 and insert other text.
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“Congressional Record — Senate, S4397 (August 6, 2022).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-08-06-crec-2022-08-06-pt1-pgs4397-04bbeb1144/
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August 6, 2022 CONGRESSIONAL RECORD — SENATE S4397
(42 U.S.C. 1396r–9(c)(3)(C)(ii)(IV)) is amend- ‘‘(2) ELIGIBLE ENTITY.—For purposes of this ‘‘(B) EXCESSIVE PAYMENTS.—Rules similar
ed— subsection, the term ‘eligible entity’ means, to the rules of section 6417(c)(6) shall apply
(1) by striking ‘‘subparagraph (A)’’ and in- with respect to the vehicle for which the for purposes of this paragraph.
serting ‘‘paragraph (3)(A)’’; and credit is allowed under subsection (a), the ‘‘(C) TREATMENT OF ADVANCE PAYMENTS.—
(2) by striking ‘‘this subparagraph’’ and in- dealer which sold such vehicle to the tax- For purposes of section 1324 of title 31,
serting ‘‘paragraph (3)(C)’’. payer and has— United States Code, the payments under sub-
‘‘(A) subject to paragraph (4), registered paragraph (A) shall be treated in the same
SA 5485. Mr. HAGERTY submitted an with the Secretary for purposes of this para- manner as a refund due from a credit provi-
amendment intended to be proposed to graph, at such time, and in such form and sion referred to in subsection (b)(2) of such
amendment SA 5194 proposed by Mr. manner, as the Secretary may prescribe, section.
SCHUMER to the bill H.R. 5376, to pro- ‘‘(B) prior to the election described in para- ‘‘(8) DEALER.—For purposes of this sub-
graph (1) and not later than at the time of section, the term ‘dealer’ means a person li-
vide for reconciliation pursuant to title such sale, disclosed to the taxpayer pur- censed by a State, the District of Columbia,
II of S. Con. Res. 14; which was ordered chasing such vehicle— the Commonwealth of Puerto Rico, any
to lie on the table; as follows: ‘‘(i) the manufacturer’s suggested retail other territory or possession of the United
Strike section 13301 and insert the fol- price, States, an Indian tribal government, or any
lowing: ‘‘(ii) the value of the credit allowed and Alaska Native Corporation (as defined in sec-
SEC. lllll. REPEAL OF MODIFICATION OF EX- any other incentive available for the pur- tion 3 of the Alaska Native Claims Settle-
CEPTIONS FOR REPORTING OF chase of such vehicle, and ment Act (43 U.S.C. 1602(m)) to engage in the
THIRD PARTY NETWORK TRANS- ‘‘(iii) the amount provided by the dealer to sale of vehicles.
ACTIONS. such taxpayer as a condition of the election ‘‘(9) INDIAN TRIBAL GOVERNMENT.—For pur-
(a) IN GENERAL.—Section 6050W(e) of the described in paragraph (1), poses of this subsection, the term ‘Indian
Internal Revenue Code of 1986 is amended to ‘‘(C) not later than at the time of such tribal government’ means the recognized
read as follows: sale, made payment to such taxpayer governing body of any Indian or Alaska Na-
‘‘(e) EXCEPTION FOR DE MINIMIS PAYMENTS (whether in cash or in the form of a partial tive tribe, band, nation, pueblo, village, com-
BY THIRD PARTY SETTLEMENT ORGANIZA- payment or down payment for the purchase munity, component band, or component res-
TIONS.— of such vehicle) in an amount equal to the ervation, individually identified (including
‘‘(1) IN GENERAL.—A third party settlement credit otherwise allowable to such taxpayer, parenthetically) in the list published most
organization shall be required to report any and recently as of the date of enactment of this
information under subsection (a) with re- ‘‘(D) with respect to any incentive other- subsection pursuant to section 104 of the
spect to third party network transactions of wise available for the purchase of a vehicle Federally Recognized Indian Tribe List Act
any participating payee only if— for which a credit is allowed under this sec- of 1994 (25 U.S.C. 5131).’’.
‘‘(A) the amount which would otherwise be tion, including any incentive in the form of (2) CONFORMING AMENDMENTS.—Section 30D,
reported under subsection (a)(2) with respect a rebate or discount provided by the dealer as amended by the preceding provisions of
to such transactions exceeds $20,000, and or manufacturer, ensured that— this section, is amended—
‘‘(B) the aggregate number of such trans- ‘‘(i) the availability or use of such incen- (A) in subsection (d)(1)(H) of such section—
actions exceeds 200. tive shall not limit the ability of a taxpayer
(i) in clause (iv), by striking ‘‘and’’ at the
‘‘(2) TERMINATION.—This subsection shall to make an election described in paragraph
end,
not apply to any return for any calendar (1), and
(ii) in clause (v), by striking the period at
year beginning after September 30, 2031.’’. ‘‘(ii) such election shall not limit the value
the end and inserting ‘‘, and’’, and
(b) CONFORMING AMENDMENT.—Section or use of such incentive.
(iii) by adding at the end the following:
6050W(c)(3) of the Internal Revenue Code of ‘‘(3) TIMING.—An election described in
‘‘(vi) in the case of a taxpayer who makes
1986 is amended by adding at the end the fol- paragraph (1) shall be made by the taxpayer
an election under subsection (g)(1), any
lowing: ‘‘In the case of any transaction oc- not later than the date on which the vehicle
amount described in subsection (g)(2)(C)
curring before September 30, 2031, the pre- for which the credit is allowed under sub-
section (a) is purchased. which has been provided to such taxpayer.’’,
ceding sentence shall be applied without re-
‘‘(4) REVOCATION OF REGISTRATION.—Upon and
gard to ‘described in subsection
determination by the Secretary that a dealer (B) in subsection (f)—
(d)(3)(A)(iii)’.’’
(c) EFFECTIVE DATE.— has failed to comply with the requirements (i) by striking paragraph (3), and
(1) IN GENERAL.—The amendment made by described in paragraph (2), the Secretary (ii) in paragraph (8), by inserting ‘‘, includ-
subsection (a) shall apply to returns for cal- may revoke the registration (as described in ing any vehicle with respect to which the
endar years beginning after December 31, subparagraph (A) of such paragraph) of such taxpayer elects the application of subsection
2021. dealer. (g)’’ before the period at the end.
(2) CLARIFICATION.—The amendment made ‘‘(5) TAX TREATMENT OF PAYMENTS.—With (h) EXTENSION OF CREDIT FOR QUALIFIED 2-
respect to any payment described in para- OR 3- WHEELED PLUG-IN ELECTRIC VEHICLES;
by subsection (b) shall apply to transactions
after the date of the enactment of the Amer- graph (2)(C), such payment— TERMINATION.—Section 30D is amended—
ican Rescue Plan Act of 2021. ‘‘(A) shall not be includible in the gross in- (1) in subsection (h)(3), as redesignated by
come of the taxpayer, and the preceding provisions of this section—
SA 5486. Mr. MERKLEY (for himself ‘‘(B) with respect to the dealer, shall not (A) in subparagraph (B), by striking ‘‘4 kil-
be deductible under this title. owatt hours’’ and inserting ‘‘7 kilowatt
and Ms. BALDWIN) submitted an amend-
‘‘(6) APPLICATION OF CERTAIN OTHER RE- hours’’, and
ment intended to be proposed to (B) by striking subparagraph (E) and in-
QUIREMENTS.—In the case of any election
amendment SA 5194 proposed by Mr. serting the following:
under paragraph (1) with respect to any vehi-
SCHUMER to the bill H.R. 5376, to pro- cle— ‘‘(E) in the case of a vehicle placed in serv-
vide for reconciliation pursuant to title ‘‘(A) the requirements of paragraphs (1) ice after December 31, 2021, the final assem-
II of S. Con. Res. 14; which was ordered and (2) of subsection (f) shall apply to the bly of which occurs within the United
to lie on the table; as follows: taxpayer who acquired the vehicle in the States.’’.
On page 378, strike line 6 and all that fol- same manner as if the credit determined
lows through page 384, line 5, and insert the under this section with respect to such vehi- SA 5487. Mr. GRAHAM (for himself,
following: cle were allowed to such taxpayer, Mr. DAINES, Ms. ERNST, Mrs. FISCHER,
(g) TRANSFER OF CREDIT.— ‘‘(B) paragraph (6) of such subsection shall Mr. PORTMAN, Mr. BARRASSO, and Ms.
(1) IN GENERAL.—Section 30D is amended— not apply, and MURKOWSKI) proposed an amendment
(A) by redesignating subsection (g) as sub- ‘‘(C) the requirement of paragraph (9) of to amendment SA 5194 proposed by Mr.
section (h), and such subsection (f) shall be treated as satis- SCHUMER to the bill H.R. 5376, to pro-
(B) by inserting after subsection (f) the fol- fied if the eligible entity provides the vehicle
identification number of such vehicle to the
vide for reconciliation pursuant to title
lowing:
‘‘(g) TRANSFER OF CREDIT.— Secretary in such manner as the Secretary II of S. Con. Res. 14; as follows:
‘‘(1) IN GENERAL.—Subject to such regula- may provide. Strike sections 50261 through 50263 and in-
tions or other guidance as the Secretary de- ‘‘(7) ADVANCE PAYMENT TO REGISTERED sert the following:
termines necessary or appropriate, if the DEALERS.— SEC. 50261. MINERAL LEASING ACT MODERNIZA-
taxpayer who acquires a new clean vehicle ‘‘(A) IN GENERAL.—The Secretary shall es- TION.
dlhill on DSK120RN23PROD with SENATE
elects the application of this subsection with tablish a program to make advance pay- (a) OIL AND GAS MINIMUM BID.—Section
respect to such vehicle, the credit which ments to any eligible entity in an amount 17(b) of the Mineral Leasing Act (30 U.S.C.
would (but for this subsection) be allowed to equal to the cumulative amount of the cred- 226(b)) is amended—
such taxpayer with respect to such vehicle its allowed under subsection (a) with respect (1) in paragraph (1)(B), in the first sen-
shall be allowed to the eligible entity speci- to any vehicles sold by such entity for which tence, by striking ‘‘$2 per acre for a period of
fied in such election (and not to such tax- an election described in paragraph (1) has 2 years from the date of enactment of the
payer). been made. Federal Onshore Oil and Gas Leasing Reform
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