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. MCCAR-
THY of New York, Mr. WILSON of Ohio, Mr. BRALEY of Iowa, Ms. ROY-
BAL-ALLARD, Ms. TITUS, Mr. MCGOVERN, Mr. GARAMENDI, Mr. KIL-
DEE, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Security in Energy 
and Manufacturing Act of 2010’’ or the ‘‘SEAM Act of 
2010’’. 
SEC. 2. EXTENSION OF THE ADVANCED ENERGY PROJECT 
CREDIT. 
(a) IN GENERAL.—Subsection (d) of section 48C of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following new paragraph: 
‘‘(6) ADDITIONAL 2010 ALLOCATIONS.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
paragraph, the Secretary, in consultation with 
the Secretary of Energy, shall establish a pro-
gram to consider and award certifications for 
qualified investments eligible for credits under 
this section to qualifying advanced energy 
project sponsors with respect to applications re-
ceived on or after the date of the enactment of 
this paragraph. 
‘‘(B) LIMITATION.—The total amount of 
credits that may be allocated under the pro-
gram described in subparagraph (A) shall not 
exceed the 2010 allocation amount reduced by 
so much of the 2010 allocation amount as is 
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taken into account as an increase in the limita-
tion described in paragraph (1)(B). 
‘‘(C) APPLICATION OF CERTAIN RULES.— 
Rules similar to the rules of paragraphs (2), 
(3), (4), and (5) shall apply for purposes of the 
program described in subparagraph (A), except 
that— 
‘‘(i) 
CERTIFICATION.—Applicants 
shall have 2 years from the date that the 
Secretary establishes such program to sub-
mit applications. 
‘‘(ii) SELECTION CRITERIA.—In deter-
mining which qualifying advanced energy 
projects to certify under such program, the 
Secretary, in consultation with the Sec-
retary of Energy, shall give the highest 
priority to projects which manufacture 
(other than assembly of components) prop-
erty described in a subclause of subsection 
(c)(1)(A)(i) (or components thereof). 
‘‘(iii) 
REVIEW
AND
REDISTRIBU-
TION.—The Secretary shall conduct a sep-
arate review and redistribution under para-
graph (5) with respect to such program 
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not later than 4 years after the date of the 
enactment of this paragraph. 
‘‘(D) 2010 ALLOCATION
AMOUNT.—For 
purposes of this subsection, the term ‘2010 allo-
cation amount’ means $5,000,000,000. 
‘‘(E) DIRECT PAYMENTS.—In lieu of any 
qualifying advanced energy project credit which 
would otherwise be determined under this sec-
tion with respect to an allocation to a taxpayer 
under this paragraph, the Secretary shall, upon 
the election of the taxpayer, make a grant to 
the taxpayer in the amount of such credit as so 
determined. Rules similar to the rules of section 
50 shall apply with respect to any grant made 
under this subparagraph.’’. 
(b) PORTION OF 2010 ALLOCATION ALLOCATED TO-
WARD PENDING APPLICATIONS UNDER ORIGINAL PRO-
GRAM.—Subparagraph (B) of section 48C(d)(1) of such 
Code is amended by inserting ‘‘(increased by so much of 
the 
2010 
allocation 
amount 
(not 
in 
excess 
of 
$1,500,000,000) as the Secretary determines necessary to 
make allocations to qualified investments with respect to 
which qualifying applications were submitted before the 
date of the enactment of paragraph (6))’’ after 
‘‘$2,300,000,000’’. 
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