II 

112TH CONGRESS 

1ST SESSION S. 1764 

To amend the Internal Revenue Code of 1986 to extend the qualifying 

advanced energy project credit. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2011 

Ms. STABENOW introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

the qualifying 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 ‘‘Make It in America 

5 Tax Credit Act of 2011’’. 

6 SEC. 2. EXTENSION AND MODIFICATION OF THE ADVANCED 

7 ENERGY PROJECT CREDIT. 

8 (a) EXTENSION.— 

9 (1) IN GENERAL.—Subsection (d) of section 

10 48C of the Internal Revenue Code of 1986 is 


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1 amended by adding at the end the following new 

2 paragraph: 

3 ‘‘(6) ADDITIONAL 2011 ALLOCATIONS.— 

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

5 days after the date of the enactment of this 

6 paragraph, the Secretary, in consultation with 

7 the Secretary of Energy, shall establish a pro8 gram to consider and award certifications for 

9 qualified investments eligible for credits under 

10 this section to qualifying advanced energy 

11 project sponsors with respect to applications re12 ceived on or after the date of the enactment of 

13 this paragraph. 

14 ‘‘(B) LIMITATION.—The total amount of 

15 credits that may be allocated under the pro16 gram described in subparagraph (A) shall not 

17 exceed the 2011 allocation amount reduced by 

18 so much of the 2011 allocation amount as is 

19 taken into account as an increase in the limita20 tion described in paragraph (1)(B). 

21 ‘‘(C) APPLICATION OF CERTAIN RULES.— 

22 Rules similar to the rules of paragraphs (2), 

23 (3), (4), and (5) shall apply for purposes of the 

24 program described in subparagraph (A), except 

25 that— 


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1 ‘‘(i) CERTIFICATION.—Applicants 

2 shall have 2 years from the date that the 

3 Secretary establishes such program to sub4 mit applications. 

5 ‘‘(ii) SELECTION CRITERIA.—For pur6 poses of paragraph (3)(B)(i), the term ‘do7 mestic job creation (both direct and indi8 rect)’ means the creation of direct jobs in 

9 the United States producing the property 

10 manufactured at the manufacturing facility 

11 described under subsection (c)(1)(A)(i), 

12 and the creation of indirect jobs in the 

13 manufacturing supply chain for such prop14 erty in the United States. 

15 ‘‘(iii) REVIEW AND REDISTRIBU16 TION.—The Secretary shall conduct a sep17 arate review and redistribution under para18 graph (5) with respect to such program 

19 not later than 4 years after the date of the 

20 enactment of this paragraph. 

21 ‘‘(D) 2011 ALLOCATION AMOUNT.—For 

22 purposes of this subsection, the term ‘2011 allo23 cation amount’ means $5,000,000,000. 

24 ‘‘(E) MODIFICATION OF CREDIT PERCENT25 AGE.—For purposes of this paragraph, in apVerDate Mar 15 2010 00:34 Nov 01, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1764.IS S1764

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1 plying for and making a determination of an al2 location from the 2011 allocation amount (de3 termined without regard to any amount taken 

4 into account under paragraph (1)(B)), sub5 section (a) shall be applied by substituting ‘not 

6 more than 30 percent (as determined by the 

7 Secretary)’ for ‘30 percent’. 

8 ‘‘(F) DIRECT PAYMENTS.—In lieu of any 

9 qualifying advanced energy project credit which 

10 would otherwise be determined under this sec11 tion with respect to an allocation to a taxpayer 

12 under this paragraph, the Secretary shall, upon 

13 the election of the taxpayer, make a grant to 

14 the taxpayer in the amount of such credit as so 

15 determined. Rules similar to the rules of section 

16 50 shall apply with respect to any grant made 

17 under this subparagraph.’’. 

18 (2) PORTION OF 2011 ALLOCATION ALLOCATED

19 TOWARD PENDING APPLICATIONS UNDER ORIGINAL

20 PROGRAM.—Subparagraph (B) of section 48C(d)(1) 

21 of such Code is amended by inserting ‘‘(increased by 

22 so much of the 2011 allocation amount (not in ex23 cess of $1,500,000,000) as the Secretary determines 

24 necessary to make allocations to qualified invest25 ments with respect to which qualifying applications 


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1 were submitted before the date of the enactment of 

2 paragraph (6))’’ after ‘‘$2,300,000,000’’. 

3 (3) CONFORMING AMENDMENT.—Paragraph (2) 

4 of section 1324(b) of title 31, United States Code, 

5 is amended by inserting ‘‘48C(d)(6)(F),’’ after 

6 ‘‘36C,’’. 

7 (b) BIOBASED MANUFACTURING ELIGIBLE FOR

8 CREDIT.— 

9 (1) IN GENERAL.—Clause (i) of section 

10 48C(c)(1)(A) of the Internal Revenue Code of 1986 

11 is amended by striking ‘‘or’’ at the end of subclause 

12 (VI), by redesignating subclause (VII) as subclause 

13 (VIII), and by inserting after subclause (VI) the fol14 lowing new subclause: 

15 ‘‘(VII) qualifying biobased prod16 uct, or’’. 

17 (2) DEFINITION.—Subsection (c) of section 

18 48C of such Code is amended by adding at the fol19 lowing new paragraph: 

20 ‘‘(3) QUALIFYING BIOBASED PRODUCT.— 

21 ‘‘(A) IN GENERAL.—The term ‘qualifying 

22 biobased product’ means any product, including 

23 a product that may be used as a petrochemical 

24 alternative, the biobased content of which is not 

25 less than— 


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1 ‘‘(i) 25 percent, or 

2 ‘‘(ii) in any instance in which the De3 partment of Agriculture has established a 

4 minimum content level for a designated 

5 biobased item pursuant to section 9002 of 

6 the Farm Security and Rural Investment 

7 Act of 2002, such minimum content level. 

8 ‘‘(B) EXCLUSION.—Such term shall not in9 clude the following: 

10 ‘‘(i) Any product which is sold or used 

11 as food, feed, fuel, or an ingredient there12 of. 

13 ‘‘(ii) Any product which is primarily 

14 composed of lignocellulosic matter and 

15 which is sold or used as a paper or wood 

16 product, unless such product is manufac17 tured from— 

18 ‘‘(I) wood fiber harvested from 

19 lands certified as well managed by any 

20 forest management certification pro21 gram approved by the Secretary, or 

22 ‘‘(II) wood fiber harvested from 

23 Federal public lands, including Na24 tional Forest System and Bureau of 

25 Land Management lands, in accordVerDate Mar 15 2010 00:34 Nov 01, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1764.IS S1764

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1 ance with an approved land manage2 ment project and a valid timber sale 

3 or stewardship contract. 

4 ‘‘(C) BIOBASED CONTENT.—The term 

5 ‘biobased content’ means, with respect to any 

6 qualifying biobased product, the amount of car7 bon from biological sources contained in such 

8 product, as determined by the testing of prod9 uct samples using the generally accepted meth10 odology of the American Society of Testing and 

11 Materials D6866.’’. 

12 (c) NEW NAME FOR CREDIT TO REFLECT PUR13 POSE.— 

14 (1) IN GENERAL.—Paragraph (5) of section 46 

15 and subsection (a) of section 48C of the Internal 

16 Revenue Code of 1986 are each amended by striking 

17 ‘‘qualifying advanced energy project credit’’ and in18 serting ‘‘Make It in America credit’’. 

19 (2) CLERICAL AMENDMENTS.— 

20 (A) The heading for section 48C of such 

21 Code is amended by striking ‘‘QUALIFYING

22 ADVANCED ENERGY PROJECT CREDIT’’ and 

23 inserting ‘‘MAKE IT IN AMERICA CREDIT’’. 

24 (B) The item relating to section 48C in the 

25 table of sections for subpart E of part IV of 


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1 subchapter A of chapter 1 of such Code is 

2 amended by striking ‘‘Qualifying advanced en3 ergy project credit’’ and inserting ‘‘Make It in 

4 America credit’’. 

5 (d) EFFECTIVE DATE.—The amendments made by 

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

7 of this Act. 

Æ 


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