I 

116TH CONGRESS 

1ST SESSION H. R. 5165 

To amend the Internal Revenue Code of 1986 to extend the advanced energy 

project credit. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2019 

Mr. BRENDAN F. BOYLE of Pennsylvania (for himself, Ms. SA ́NCHEZ, Mr. 

SUOZZI, Mr. PANETTA, Mr. BLUMENAUER, Mr. GOMEZ, and Ms. MOORE) 

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 extend 

the advanced energy project credit. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Innovative Energy 

5 Manufacturing Act of 2019’’. 

6 SEC. 2. EXTENSION OF THE ADVANCED ENERGY PROJECT 

7 CREDIT. 

8 (a) IN GENERAL.—Section 48C of the Internal Rev9 enue Code of 1986 is amended by redesignating subsection 


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1 (e) as subsection (f) and by inserting after subsection (d) 

2 the following new subsection: 

3 ‘‘(e) ADDITIONAL ALLOCATIONS.— 

4 ‘‘(1) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of this paragraph, the 

6 Secretary, after consultation with the Secretary of 

7 Energy, shall establish a program to designate 

8 amounts of qualifying advanced project credit limita9 tion to qualifying advanced energy projects. 

10 ‘‘(2) ANNUAL LIMITATION.— 

11 ‘‘(A) IN GENERAL.—The amount of quali12 fying advanced project credit limitation that 

13 may be designated under this subsection during 

14 any calendar year shall not exceed the annual 

15 credit limitation with respect to such year. 

16 ‘‘(B) ANNUAL CREDIT LIMITATION.—For 

17 purposes of this subsection, the term ‘annual 

18 credit limitation’ means $2,500,000,000 for 

19 each of calendar years 2020, 2021, 2022, 2023, 

20 and 2024, and zero thereafter. 

21 ‘‘(C) CARRYOVER OF UNUSED LIMITA22 TION.—If the annual credit limitation for any 

23 calendar year exceeds the aggregate amount 

24 designated for such year under this subsection, 

25 such limitation for the succeeding calendar year 


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1 shall be increased by the amount of such excess. 

2 No amount may be carried under the preceding 

3 sentence to any calendar year after 2024. 

4 ‘‘(3) PLACED IN SERVICE DEADLINE.—No cred5 it shall be determined under subsection (a) with re6 spect to any property which is placed in service after 

7 the date that is 4 years after the date of the des8 ignation under this subsection relating to such prop9 erty. 

10 ‘‘(4) SELECTION CRITERIA.—Selection criteria 

11 similar to those in subsection (d)(3) shall apply, ex12 cept that in determining designations under this 

13 subsection, the Secretary, after consultation with the 

14 Secretary of Energy, shall give the highest priority 

15 to projects which manufacture (other than assembly 

16 of components) property described in a subclause of 

17 subsection (c)(1)(A)(i) (or components thereof). 

18 ‘‘(5) DISCLOSURE OF DESIGNATIONS.—Rules 

19 similar to the rules of subsection (d)(5) shall apply 

20 for purposes of this subsection.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 this section shall take effect on the date of the enactment 

23 of this Act. 

24 (c) PROGRESS REPORT.—During the 30-day period 

25 ending on December 31, 2025, the Secretary of the TreasVerDate Sep 11 2014 21:05 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5165.IH H5165

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1 ury (or the Secretary’s delegate), after consultation with 

2 the Secretary of Labor, shall submit a report to Congress 

3 on the domestic job creation, and wages associated with 

4 such jobs, attributable to the amendment made by this 

5 section. 

Æ 


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