II 

111TH CONGRESS 

2D SESSION S. 3324 

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

advanced energy project credit. 

IN THE SENATE OF THE UNITED STATES 

MAY 6, 2010 

Mr. BROWN of Ohio (for himself, Mr. SCHUMER, Mr. MERKLEY, Mr. CASEY, 

and Mrs. HAGAN) 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 ‘‘Security in Energy 

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

6 2010’’. 


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1 SEC. 2. EXTENSION OF THE ADVANCED ENERGY PROJECT 

2 CREDIT. 

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

4 the Internal Revenue Code of 1986 is amended by adding 

5 at the end the following new paragraph: 

6 ‘‘(6) ADDITIONAL 2010 ALLOCATIONS.— 

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

8 days after the date of the enactment of this 

9 paragraph, the Secretary, in consultation with 

10 the Secretary of Energy, shall establish a pro11 gram to consider and award certifications for 

12 qualified investments eligible for credits under 

13 this section to qualifying advanced energy 

14 project sponsors with respect to applications re15 ceived on or after the date of the enactment of 

16 this paragraph. 

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

18 credits that may be allocated under the pro19 gram described in subparagraph (A) shall not 

20 exceed the 2010 allocation amount reduced by 

21 so much of the 2010 allocation amount as is 

22 taken into account as an increase in the limita23 tion described in paragraph (1)(B). 

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

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

26 (3), (4), and (5) shall apply for purposes of the 


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1 program described in subparagraph (A), except 

2 that— 

3 ‘‘(i) CERTIFICATION.—Applicants 

4 shall have 2 years from the date that the 

5 Secretary establishes such program to sub6 mit applications. 

7 ‘‘(ii) SELECTION CRITERIA.—For pur8 poses of paragraph (3)(B)(i), the term ‘do9 mestic job creation (both direct and indi10 rect)’ means the creation of direct jobs in 

11 the United States producing the property 

12 manufactured at the manufacturing facility 

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

14 and the creation of indirect jobs in the 

15 manufacturing supply chain for such prop16 erty in the United States. 

17 ‘‘(iii) REVIEW AND REDISTRIBU18 TION.—The Secretary shall conduct a sep19 arate review and redistribution under para20 graph (5) with respect to such program 

21 not later than 4 years after the date of the 

22 enactment of this paragraph. 

23 ‘‘(D) 2010 ALLOCATION AMOUNT.—For 

24 purposes of this subsection, the term ‘2010 allo25 cation amount’ means $5,000,000,000. 


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

2 qualifying advanced energy project credit which 

3 would otherwise be determined under this sec4 tion with respect to an allocation to a taxpayer 

5 under this paragraph, the Secretary shall, upon 

6 the election of the taxpayer, make a grant to 

7 the taxpayer in the amount of such credit as so 

8 determined. Rules similar to the rules of section 

9 50 shall apply with respect to any grant made 

10 under this subparagraph.’’. 

11 (b) PORTION OF 2010 ALLOCATION ALLOCATED TO12 WARD PENDING APPLICATIONS UNDER ORIGINAL PRO13 GRAM.—Subparagraph (B) of section 48C(d)(1) of such 

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

15 the 2010 allocation amount (not in excess of 

16 $1,500,000,000) as the Secretary determines necessary to 

17 make allocations to qualified investments with respect to 

18 which qualifying applications were submitted before the 

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

20 ‘‘$2,300,000,000’’. 

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

22 section 1324(b) of title 31, United States Code, is amend23 ed by inserting ‘‘48C(d)(6)(E),’’ after ‘‘36C,’’. 

Æ 


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