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 jurisdic-
tion of the committee concerned 
A BILL 
To require 100 percent domestic content in green tech-
nologies purchased by Federal agencies or by States with 
Federal funds and in property eligible for the renewable 
energy production or investment tax credits. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Manufacture Renew-
able Energy Systems: Make it in America Act of 2010’’. 
VerDate Mar 15 2010 
07:32 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5792.IH
H5792
WReier-Aviles on DSKGBLS3C1PROD with BILLS
SEC. 2. REQUIREMENTS FOR PURCHASE OF GREEN TECH-
NOLOGIES WITH 100 PERCENT DOMESTIC 
CONTENT FOR USE BY FEDERAL GOVERN-
MENT AND STATES. 
(a) REQUIREMENT FOR PURCHASES BY FEDERAL 
GOVERNMENT.—Notwithstanding the Buy American Act 
(41 U.S.C. 10a et seq.) and subject to subsection (c), only 
green technologies that are 100 percent manufactured in 
the United States, from articles, materials, or supplies 100 
percent of which are grown, produced, or manufactured 
in the United States, may be acquired for use by the Fed-
eral Government. 
(b) REQUIREMENT
FOR PURCHASES
BY STATES 
USING FEDERAL FUNDS.—Subject to subsection (c), Fed-
eral funds may not be provided to a State for the purchase 
of green technologies unless the State agrees that the 
funds shall be used to purchase only green technologies 
that are 100 percent manufactured in the United States, 
from articles, materials, or supplies 100 percent of which 
are grown, produced, or manufactured in the United 
States. 
(c) PHASE-IN OF REQUIREMENT.—During the first 
three fiscal years occurring after the date of the enactment 
of this Act, subsections (a) and (b) shall be applied— 
VerDate Mar 15 2010 
07:32 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5792.IH
H5792
WReier-Aviles on DSKGBLS3C1PROD with BILLS
SEC. 3. RENEWABLE ENERGY PRODUCTION AND INVEST-
MENT TAX CREDITS LIMITED TO DOMESTI-
CALLY PRODUCED PROPERTY. 
(a) CREDIT
FOR ELECTRICITY PRODUCED FROM 
CERTAIN RENEWABLE RESOURCES.—Subsection (d) of 
section 45 of the Internal Revenue Code of 1986 is amend-
ed by adding at the end the following new paragraph: 
‘‘(12) DOMESTIC CONTENT REQUIREMENT.— 
‘‘(A) IN GENERAL.—In the case of any fa-
cility originally placed in service after December 
31, 2010, such facility shall not be treated as 
a qualified facility for purposes of this section 
unless such facility is 100 percent manufac-
tured in the United States, from articles, mate-
rials, or supplies 100 percent of which are 
grown, produced, or manufactured in the 
United States. 
‘‘(B) TRANSITIONAL RULE.—In the case of 
any facility originally placed in service before 
January 1, 2014, subparagraph (A) shall be ap-
plied— 
‘‘(i) in the case a facility originally 
placed in service during 2011, by sub-
stituting ‘30 percent’ for ‘100 percent’ 
both places it appears, 
VerDate Mar 15 2010 
07:32 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5792.IH
H5792
WReier-Aviles on DSKGBLS3C1PROD with BILLS
‘‘(ii) in the case a facility originally 
placed in service during 2012, by sub-
stituting ‘50 percent’ for ‘100 percent’ 
both places it appears, and 
‘‘(iii) in the case a facility originally 
placed in service during 2013, by sub-
stituting ‘80 percent’ for ‘100 percent’ 
both places it appears.’’. 
(b) INVESTMENT ENERGY CREDIT.—Section 48 of 
such Code is amended by adding at the end the following 
new subsection: 
‘‘(e) DOMESTIC CONTENT REQUIREMENT.— 
‘‘(1) IN GENERAL.—In the case of any property 
for any period after December 31, 2010, such prop-
erty shall not be treated as energy property for pur-
poses of this section unless such property is 100 per-
cent manufactured in the United States, from arti-
cles, materials, or supplies 100 percent of which are 
grown, produced, or manufactured in the United 
States. 
‘‘(2) TRANSITIONAL RULE.—In the case of any 
property for any period before January 1, 2014, 
paragraph (1) shall be applied— 
VerDate Mar 15 2010 
07:32 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5792.IH
H5792
WReier-Aviles on DSKGBLS3C1PROD with BILLS
‘‘(A) in the case of any period during 
2011, by substituting ‘30 percent’ for ‘100 per-
cent’ both places it appears, 
‘‘(B) in the case of any period during 
2012, by substituting ‘50 percent’ for ‘100 per-
cent’ both places it appears, and 
‘‘(C) in the case of any period during 
2013, by substituting ‘80 percent’ for ‘100 per-
cent’ both places it appears.’’. 
(c) EFFECTIVE DATES.— 
(1) PRODUCTION
CREDIT.—The amendments 
made by subsection (a) shall apply to facilities origi-
nally placed in service after December 31, 2010. 
(2) INVESTMENT
CREDIT.—The amendments 
made by subsection (b) shall apply to periods after 
December 31, 2010, under rules similar to the rules 
of section 48(m) of the Internal Revenue Code of 
1986 (as in effect on the day before the date of the 
enactment of the Revenue Reconciliation Act of 
1990). 
Æ 
VerDate Mar 15 2010 
07:32 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H5792.IH
H5792
WReier-Aviles on DSKGBLS3C1PROD with BILLS