I 

113TH CONGRESS 

1ST SESSION H. R. 1524 

To require 85 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 

APRIL 12, 2013 

Mr. GARAMENDI (for himself, Mr. CONYERS, Mr. DEFAZIO, Mr. DUNCAN of 

Tennessee, Mr. GRIJALVA, Mr. KILDEE, Ms. LEE of California, Mr. 

LIPINSKI, Ms. SCHAKOWSKY, Mr. RYAN of Ohio, Mr. YARMUTH, Mr. 

HOYER, Mr. NOLAN, Mr. ANDREWS, Mr. HIGGINS, Mr. CROWLEY, and 

Ms. KAPTUR) 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 85 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Make it in America: 

3 Create Clean Energy Manufacturing Jobs in America 

4 Act’’. 

5 SEC. 2. REQUIREMENTS FOR PURCHASE OF GREEN TECH6 NOLOGIES WITH 85 PERCENT DOMESTIC CON7 TENT FOR USE BY FEDERAL GOVERNMENT 

8 AND STATES. 

9 (a) REQUIREMENT FOR PURCHASES BY FEDERAL

10 GOVERNMENT.—Notwithstanding chapter 83 of title 41, 

11 United States Code (popularly referred to as the Buy 

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

13 technologies that are 85 percent manufactured in the 

14 United States, from articles, materials, or supplies 85 per15 cent of which are grown, produced, or manufactured in 

16 the United States, may be acquired for use by the Federal 

17 Government. 

18 (b) REQUIREMENT FOR PURCHASES BY STATES

19 USING FEDERAL FUNDS.—Subject to subsection (c), Fed20 eral funds may not be provided to a State for the purchase 

21 of green technologies unless the State agrees that the 

22 funds shall be used to purchase only green technologies 

23 that are 85 percent manufactured in the United States, 

24 from articles, materials, or supplies 85 percent of which 

25 are grown, produced, or manufactured in the United 

26 States. 


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

2 two fiscal years occurring after the date of the enactment 

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

4 (1) during the first fiscal year beginning after 

5 such date of enactment, by substituting ‘‘50 per6 cent’’ for ‘‘85 percent’’; and 

7 (2) during the second fiscal year beginning 

8 after such date of enactment, by substituting ‘‘60 

9 percent’’ for ‘‘85 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 Make it in America: 

12 Create Clean Energy Manufacturing Jobs in 

13 America Act, such facility shall not be treated 

14 as a qualified facility for purposes of this sec15 tion unless such facility is 85 percent manufac16 tured in the United States, from articles, mate17 rials, or supplies 85 percent of which are 

18 grown, produced, or manufactured in the 

19 United States. 

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

21 any facility originally placed in service before 

22 January 1, 2015, subparagraph (A) shall be ap23 plied— 

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

25 placed in service during 2013, by subVerDate Mar 15 2010 02:39 Apr 19, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1524.IH H1524

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1 stituting ‘50 percent’ for ‘85 percent’ both 

2 places it appears, and 

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

4 placed in service during 2014, by sub5 stituting ‘60 percent’ for ‘85 percent’ both 

6 places it appears.’’. 

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

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

9 new subsection: 

10 ‘‘(e) DOMESTIC CONTENT REQUIREMENT.— 

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

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

13 Make it in America: Create Clean Energy Manufac14 turing Jobs in America Act, such property shall not 

15 be treated as energy property for purposes of this 

16 section unless such property is 85 percent manufac17 tured in the United States, from articles, materials, 

18 or supplies 85 percent of which are grown, produced, 

19 or manufactured in the United States. 

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

21 property for any period before January 1, 2015, 

22 paragraph (1) shall be applied— 

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

24 2013, by substituting ‘50 percent’ for ‘85 per25 cent’ both places it appears, and 


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

2 2014, by substituting ‘60 percent’ for ‘85 per3 cent’ both places it appears.’’. 

4 (c) EFFECTIVE DATES.— 

5 (1) PRODUCTION CREDIT.—The amendments 

6 made by subsection (a) shall apply to facilities origi7 nally placed in service after the date of the enact8 ment of this Act. 

9 (2) INVESTMENT CREDIT.—The amendments 

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

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

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

13 Revenue Code of 1986 (as in effect on the day be14 fore the date of the enactment of the Revenue Rec15 onciliation Act of 1990). 

Æ 


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