I 

111TH CONGRESS 

2D SESSION H. R. 5792 

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 

JULY 20, 2010 

Mr. GARAMENDI (for himself, Mr. PERRIELLO, Mr. MCDERMOTT, Mrs. 

NAPOLITANO, Mr. DEFAZIO, Mr. HARE, Ms. SUTTON, Mr. SCHAUER, Mr. 

HINCHEY, Ms. KAPTUR, Mr. PERLMUTTER, and Mr. KAGEN) 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 2010’’. 

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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 the Buy American Act 

7 (41 U.S.C. 10a et seq.) and subject to subsection (c), only 

8 green technologies that are 100 percent manufactured in 

9 the United States, from articles, materials, or supplies 100 

10 percent of which are grown, produced, or manufactured 

11 in the United States, may be acquired for use by the Fed12 eral Government. 

13 (b) REQUIREMENT FOR PURCHASES BY STATES

14 USING FEDERAL FUNDS.—Subject to subsection (c), Fed15 eral funds may not be provided to a State for the purchase 

16 of green technologies unless the State agrees that the 

17 funds shall be used to purchase only green technologies 

18 that are 100 percent manufactured in the United States, 

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

20 are grown, produced, or manufactured in the United 

21 States. 

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

23 three fiscal years occurring after the date of the enactment 

24 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 December 

11 31, 2010, such facility shall not be treated as 

12 a qualified facility for purposes of this section 

13 unless such facility is 100 percent manufac14 tured in the United States, from articles, mate15 rials, or supplies 100 percent of which are 

16 grown, produced, or manufactured in the 

17 United States. 

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

19 any facility originally placed in service before 

20 January 1, 2014, subparagraph (A) shall be ap21 plied— 

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

23 placed in service during 2011, by sub24 stituting ‘30 percent’ for ‘100 percent’ 

25 both places it appears, 

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

2 placed in service during 2012, by sub3 stituting ‘50 percent’ for ‘100 percent’ 

4 both places it appears, and 

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

6 placed in service during 2013, by sub7 stituting ‘80 percent’ for ‘100 percent’ 

8 both places it appears.’’. 

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

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

11 new subsection: 

12 ‘‘(e) DOMESTIC CONTENT REQUIREMENT.— 

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

14 for any period after December 31, 2010, such prop15 erty shall not be treated as energy property for pur16 poses of this section unless such property is 100 per17 cent manufactured in the United States, from arti18 cles, materials, or supplies 100 percent of which are 

19 grown, produced, or manufactured in the United 

20 States. 

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

22 property for any period before January 1, 2014, 

23 paragraph (1) shall be applied— 

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

2 2011, by substituting ‘30 percent’ for ‘100 per3 cent’ both places it appears, 

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

5 2012, by substituting ‘50 percent’ for ‘100 per6 cent’ both places it appears, and 

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

8 2013, by substituting ‘80 percent’ for ‘100 per9 cent’ both places it appears.’’. 

10 (c) EFFECTIVE DATES.— 

11 (1) PRODUCTION CREDIT.—The amendments 

12 made by subsection (a) shall apply to facilities origi13 nally placed in service after December 31, 2010. 

14 (2) INVESTMENT CREDIT.—The amendments 

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

16 December 31, 2010, under rules similar to the rules 

17 of section 48(m) of the Internal Revenue Code of 

18 1986 (as in effect on the day before the date of the 

19 enactment of the Revenue Reconciliation Act of 

20 1990). 

Æ 

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