I 

112TH CONGRESS 

1ST SESSION H. R. 487 

To require 100 percent domestic content in green technologies purchased 

by Federal agencies or by States with Federal funds and in property 

eligible for the renewable energy production or investment tax credits. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2011 

Mr. GARAMENDI (for himself, Mr. DEFAZIO, Mr. HINCHEY, and Mr. 

HOLDEN) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the 

Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To require 100 percent domestic content in green technologies purchased by Federal agencies or by States with 

Federal funds and in property eligible for the renewable 

energy production or investment tax credits. 

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 ‘‘Manufacture Renew5 able Energy Systems: Make it in America Act of 2011’’. 


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1 SEC. 2. REQUIREMENTS FOR PURCHASE OF GREEN TECH2 NOLOGIES WITH 100 PERCENT DOMESTIC 

3 CONTENT FOR USE BY FEDERAL GOVERN4 MENT AND STATES. 

5 (a) REQUIREMENT FOR PURCHASES BY FEDERAL

6 GOVERNMENT.—Notwithstanding chapter 83 of title 41, 

7 United States Code (popularly referred to as the Buy 

8 American Act), and subject to subsection (c), only green 

9 technologies that are 100 percent manufactured in the 

10 United States, from articles, materials, or supplies 100 

11 percent of which are grown, produced, or manufactured 

12 in the United States, may be acquired for use by the Fed13 eral Government. 

14 (b) REQUIREMENT FOR PURCHASES BY STATES

15 USING FEDERAL FUNDS.—Subject to subsection (c), Fed16 eral funds may not be provided to a State for the purchase 

17 of green technologies unless the State agrees that the 

18 funds shall be used to purchase only green technologies 

19 that are 100 percent manufactured in the United States, 

20 from articles, materials, or supplies 100 percent of which 

21 are grown, produced, or manufactured in the United 

22 States. 

23 (c) PHASE-IN OF REQUIREMENT.—During the first 

24 three fiscal years occurring after the date of the enactment 

25 of this Act, subsections (a) and (b) shall be applied— 


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1 (1) during the first fiscal year beginning after 

2 such date of enactment, by substituting ‘‘30 per3 cent’’ for ‘‘100 percent’’; 

4 (2) during the second fiscal year beginning 

5 after such date of enactment, by substituting ‘‘50 

6 percent’’ for ‘‘100 percent’’; and 

7 (3) during the third fiscal year beginning after 

8 such date of enactment, by substituting ‘‘80 per9 cent’’ for ‘‘100 percent’’. 

10 (d) GREEN TECHNOLOGIES DEFINED.—In this Act, 

11 the term ‘‘green technologies’’ means renewable energy 

12 and energy efficiency products and services that— 

13 (1) reduce dependence on unreliable sources of 

14 energy by encouraging the use of sustainable bio15 mass, wind, small-scale hydroelectric, solar, geo16 thermal, and other renewable energy and energy effi17 ciency products and services; and 

18 (2) use hybrid fossil-renewable energy systems. 

19 (e) EFFECTIVE DATE.—This section shall apply to 

20 purchases of green technologies on and after October 1 

21 of the first fiscal year beginning after the date of the en22 actment of this Act. 


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1 SEC. 3. RENEWABLE ENERGY PRODUCTION AND INVEST2 MENT TAX CREDITS LIMITED TO DOMESTI3 CALLY PRODUCED PROPERTY. 

4 (a) CREDIT FOR ELECTRICITY PRODUCED FROM

5 CERTAIN RENEWABLE RESOURCES.—Subsection (d) of 

6 section 45 of the Internal Revenue Code of 1986 is amend7 ed by adding at the end the following new paragraph: 

8 ‘‘(12) DOMESTIC CONTENT REQUIREMENT.— 

9 ‘‘(A) IN GENERAL.—In the case of any fa10 cility originally placed in service after the date 

11 of the enactment of the Manufacture Renewable 

12 Energy Systems: Make it in America Act of 

13 2011, such facility shall not be treated as a 

14 qualified facility for purposes of this section un15 less such facility is 100 percent manufactured 

16 in the United States, from articles, materials, 

17 or supplies 100 percent of which are grown, 

18 produced, or manufactured in the United 

19 States. 

20 ‘‘(B) TRANSITIONAL RULE.—In the case of 

21 any facility originally placed in service before 

22 January 1, 2014, subparagraph (A) shall be ap23 plied— 

24 ‘‘(i) in the case a facility originally 

25 placed in service during 2011, by subVerDate Mar 15 2010 00:03 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H487.IH H487

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1 stituting ‘30 percent’ for ‘100 percent’ 

2 both places it appears, 

3 ‘‘(ii) in the case a facility originally 

4 placed in service during 2012, by sub5 stituting ‘50 percent’ for ‘100 percent’ 

6 both places it appears, and 

7 ‘‘(iii) in the case a facility originally 

8 placed in service during 2013, by sub9 stituting ‘80 percent’ for ‘100 percent’ 

10 both places it appears.’’. 

11 (b) INVESTMENT ENERGY CREDIT.—Section 48 of 

12 such Code is amended by adding at the end the following 

13 new subsection: 

14 ‘‘(e) DOMESTIC CONTENT REQUIREMENT.— 

15 ‘‘(1) IN GENERAL.—In the case of any property 

16 for any period after the date of the enactment of the 

17 Manufacture Renewable Energy Systems: Make it in 

18 America Act of 2011, such property shall not be 

19 treated as energy property for purposes of this sec20 tion unless such property is 100 percent manufac21 tured in the United States, from articles, materials, 

22 or supplies 100 percent of which are grown, pro23 duced, or manufactured in the United States. 


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1 ‘‘(2) TRANSITIONAL RULE.—In the case of any 

2 property for any period before January 1, 2014, 

3 paragraph (1) shall be applied— 

4 ‘‘(A) in the case of any period during 

5 2011, by substituting ‘30 percent’ for ‘100 per6 cent’ both places it appears, 

7 ‘‘(B) in the case of any period during 

8 2012, by substituting ‘50 percent’ for ‘100 per9 cent’ both places it appears, and 

10 ‘‘(C) in the case of any period during 

11 2013, by substituting ‘80 percent’ for ‘100 per12 cent’ both places it appears.’’. 

13 (c) EFFECTIVE DATES.— 

14 (1) PRODUCTION CREDIT.—The amendments 

15 made by subsection (a) shall apply to facilities origi16 nally placed in service after the date of the enact17 ment of this Act. 

18 (2) INVESTMENT CREDIT.—The amendments 

19 made by subsection (b) shall apply to periods after 

20 the date of the enactment of this Act, under rules 

21 similar to the rules of section 48(m) of the Internal 

22 Revenue Code of 1986 (as in effect on the day be23 fore the date of the enactment of the Revenue Rec24 onciliation Act of 1990). 

Æ 


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