I 

111TH CONGRESS 

2D SESSION H. R. 5041 

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

advanced energy project credit. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2010 

Mr. HARE (for himself, Mr. RYAN of Ohio, Ms. SUTTON, Mr. HASTINGS of 

Florida, Mr. ELLISON, Mr. LYNCH, Mr. TONKO, Mr. KENNEDY, Mrs. 

NAPOLITANO, Ms. WATSON, Ms. EDDIE BERNICE JOHNSON of Texas, 

Mr. PERLMUTTER, Mr. YARMUTH, Mr. OLVER, Ms. SHEA-PORTER, Mr. 

WAXMAN, Mr. COURTNEY, Mr. MICHAUD, Mr. LEWIS of Georgia, Mr. 

HINCHEY, Ms. WOOLSEY, Mr. KAGEN, Mr. JOHNSON of Georgia, Mr. 

QUIGLEY, Mr. LIPINSKI, Ms. RICHARDSON, Ms. HIRONO, Mr. DOYLE, 

Mr. LARSEN of Washington, Mr. BOSWELL, Mr. MCDERMOTT, Mr. 

ARCURI, Mr. FILNER, Mr. RODRIGUEZ, Mr. GRAYSON, Mr. CAPUANO, 

Mr. THOMPSON of Mississippi, Mr. LOEBSACK, Mr. SIRES, Mr. PALLONE, 

Ms. KILROY, Mr. SCHAUER, Mr. BOCCIERI, Ms. SPEIER, Mrs. MCCARTHY of New York, Mr. WILSON of Ohio, Mr. BRALEY of Iowa, Ms. ROYBAL-ALLARD, Ms. TITUS, Mr. MCGOVERN, Mr. GARAMENDI, Mr. KILDEE, and Ms. WATERS) 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 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Security in Energy 

3 and Manufacturing Act of 2010’’ or the ‘‘SEAM Act of 

4 2010’’. 

5 SEC. 2. EXTENSION OF THE ADVANCED ENERGY PROJECT 

6 CREDIT. 

7 (a) IN GENERAL.—Subsection (d) of section 48C of 

8 the Internal Revenue Code of 1986 is amended by adding 

9 at the end the following new paragraph: 

10 ‘‘(6) ADDITIONAL 2010 ALLOCATIONS.— 

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

12 days after the date of the enactment of this 

13 paragraph, the Secretary, in consultation with 

14 the Secretary of Energy, shall establish a pro15 gram to consider and award certifications for 

16 qualified investments eligible for credits under 

17 this section to qualifying advanced energy 

18 project sponsors with respect to applications re19 ceived on or after the date of the enactment of 

20 this paragraph. 

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

22 credits that may be allocated under the pro23 gram described in subparagraph (A) shall not 

24 exceed the 2010 allocation amount reduced by 

25 so much of the 2010 allocation amount as is 


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1 taken into account as an increase in the limita2 tion described in paragraph (1)(B). 

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

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

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

6 program described in subparagraph (A), except 

7 that— 

8 ‘‘(i) CERTIFICATION.—Applicants 

9 shall have 2 years from the date that the 

10 Secretary establishes such program to sub11 mit applications. 

12 ‘‘(ii) SELECTION CRITERIA.—In deter13 mining which qualifying advanced energy 

14 projects to certify under such program, the 

15 Secretary, in consultation with the Sec16 retary of Energy, shall give the highest 

17 priority to projects which manufacture 

18 (other than assembly of components) prop19 erty described in a subclause of subsection 

20 (c)(1)(A)(i) (or components thereof). 

21 ‘‘(iii) REVIEW AND REDISTRIBU22 TION.—The Secretary shall conduct a sep23 arate review and redistribution under para24 graph (5) with respect to such program 


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1 not later than 4 years after the date of the 

2 enactment of this paragraph. 

3 ‘‘(D) 2010 ALLOCATION AMOUNT.—For 

4 purposes of this subsection, the term ‘2010 allo5 cation amount’ means $5,000,000,000. 

6 ‘‘(E) DIRECT PAYMENTS.—In lieu of any 

7 qualifying advanced energy project credit which 

8 would otherwise be determined under this sec9 tion with respect to an allocation to a taxpayer 

10 under this paragraph, the Secretary shall, upon 

11 the election of the taxpayer, make a grant to 

12 the taxpayer in the amount of such credit as so 

13 determined. Rules similar to the rules of section 

14 50 shall apply with respect to any grant made 

15 under this subparagraph.’’. 

16 (b) PORTION OF 2010 ALLOCATION ALLOCATED TO17 WARD PENDING APPLICATIONS UNDER ORIGINAL PRO18 GRAM.—Subparagraph (B) of section 48C(d)(1) of such 

19 Code is amended by inserting ‘‘(increased by so much of 

20 the 2010 allocation amount (not in excess of 

21 $1,500,000,000) as the Secretary determines necessary to 

22 make allocations to qualified investments with respect to 

23 which qualifying applications were submitted before the 

24 date of the enactment of paragraph (6))’’ after 

25 ‘‘$2,300,000,000’’. 


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1 (c) CONFORMING AMENDMENT.—Paragraph (2) of 

2 section 1324(b) of title 31, United States Code, is amend3 ed by inserting ‘‘48C(d)(6)(E),’’ after ‘‘36C,’’. 

Æ 


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