S.Amdt. 5294

SA 5294. Mr. MERKLEY (for himself and Ms. Baldwin) submitted an
amendment intended to be proposed to amendment SA 5194 proposed by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:

On page 378, strike line 6 and all that follows through
page 384, line 5, and insert the following:
(g) Transfer of Credit.--
(1) In general.--Section 30D is amended--
(A) by redesignating subsection (g) as subsection (h), and
(B) by inserting after subsection (f) the following:
``(g) Transfer of Credit.--
``(1) In general.--Subject to such regulations or other
guidance as the Secretary determines necessary or
appropriate, if the taxpayer who acquires a new clean vehicle
elects the application of this subsection with respect to
such vehicle, the credit which would (but for this
subsection) be allowed to such taxpayer with respect to such
vehicle shall be allowed to the eligible entity specified in
such election (and not to such taxpayer).
``(2) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means, with respect to the vehicle
for which the credit is allowed under subsection (a), the
dealer which sold such vehicle to the taxpayer and has--
``(A) subject to paragraph (4), registered with the
Secretary for purposes of this paragraph, at such time, and
in such form and manner, as the Secretary may prescribe,
``(B) prior to the election described in paragraph (1) and
not later than at the time of such sale, disclosed to the
taxpayer purchasing such vehicle--
``(i) the manufacturer's suggested retail price,
``(ii) the value of the credit allowed and any other
incentive available for the purchase of such vehicle, and
``(iii) the amount provided by the dealer to such taxpayer
as a condition of the election described in paragraph (1),
``(C) not later than at the time of such sale, made payment
to such taxpayer (whether in cash or in the form of a partial
payment or down payment for the purchase of such vehicle) in
an amount equal to the credit otherwise allowable to such
taxpayer, and
``(D) with respect to any incentive otherwise available for
the purchase of a vehicle for which a credit is allowed under
this section, including any incentive in the form of a rebate
or discount provided by the dealer or manufacturer, ensured
that--
``(i) the availability or use of such incentive shall not
limit the ability of a taxpayer to make an election described
in paragraph (1), and
``(ii) such election shall not limit the value or use of
such incentive.
``(3) Timing.--An election described in paragraph (1) shall
be made by the taxpayer not later than the date on which the
vehicle for which the credit is allowed under subsection (a)
is purchased.
``(4) Revocation of registration.--Upon determination by
the Secretary that a dealer has failed to comply with the
requirements described in paragraph (2), the Secretary may
revoke the registration (as described in subparagraph (A) of
such paragraph) of such dealer.
``(5) Tax treatment of payments.--With respect to any
payment described in paragraph (2)(C), such payment--
``(A) shall not be includible in the gross income of the
taxpayer, and
``(B) with respect to the dealer, shall not be deductible
under this title.
``(6) Application of certain other requirements.--In the
case of any election under paragraph (1) with respect to any
vehicle--
``(A) the requirements of paragraphs (1) and (2) of
subsection (f) shall apply to the taxpayer who acquired the
vehicle in the same manner as if the credit determined under
this section with respect to such vehicle were allowed to
such taxpayer,
``(B) paragraph (6) of such subsection shall not apply, and
``(C) the requirement of paragraph (9) of such subsection
(f) shall be treated as satisfied if the eligible entity
provides the vehicle identification number of such vehicle to
the Secretary in such manner as the Secretary may provide.
``(7) Advance payment to registered dealers.--
``(A) In general.--The Secretary shall establish a program
to make advance payments to any eligible entity in an amount
equal to the cumulative amount of the credits allowed under
subsection (a) with respect to any vehicles sold by such
entity for which an election described in paragraph (1) has
been made.
``(B) Excessive payments.--Rules similar to the rules of
section 6417(c)(6) shall apply for purposes of this
paragraph.
``(C) Treatment of advance payments.--For purposes of
section 1324 of title 31, United States Code, the payments
under subparagraph (A) shall be treated in the same manner as
a refund due from a credit provision referred to in
subsection (b)(2) of such section.
``(8) Dealer.--For purposes of this subsection, the term
`dealer' means a person licensed by a State, the District of
Columbia, the Commonwealth of Puerto Rico, any other
territory or possession of the United States, an Indian
tribal government, or any

[[Page S4297]]

Alaska Native Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)) to
engage in the sale of vehicles.
``(9) Indian tribal government.--For purposes of this
subsection, the term `Indian tribal government' means the
recognized governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community, component
band, or component reservation, individually identified
(including parenthetically) in the list published most
recently as of the date of enactment of this subsection
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).''.
(2) Conforming amendments.--Section 30D, as amended by the
preceding provisions of this section, is amended--
(A) in subsection (d)(1)(H) of such section--
(i) in clause (iv), by striking ``and'' at the end,
(ii) in clause (v), by striking the period at the end and
inserting ``, and'', and
(iii) by adding at the end the following:
``(vi) in the case of a taxpayer who makes an election
under subsection (g)(1), any amount described in subsection
(g)(2)(C) which has been provided to such taxpayer.'', and
(B) in subsection (f)--
(i) by striking paragraph (3), and
(ii) in paragraph (8), by inserting ``, including any
vehicle with respect to which the taxpayer elects the
application of subsection (g)'' before the period at the end.
(h) Extension of Credit for Qualified 2- or 3- Wheeled
Plug-in Electric Vehicles; Termination.--Section 30D is
amended--
(1) in subsection (h)(3), as redesignated by the preceding
provisions of this section--
(A) in subparagraph (B), by striking ``4 kilowatt hours''
and inserting ``7 kilowatt hours'', and
(B) by striking subparagraph (E) and inserting the
following:
``(E) in the case of a vehicle placed in service after
December 31, 2026, the final assembly of which occurs within
the United States.''.
(2) by adding at the end the following:
``(i) Termination.--No credit shall be allowed under this
section with respect to any vehicle placed in service after
December 31, 2032.''.
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