I 
112TH CONGRESS 
2D SESSION 
H. R. 6217 
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 
JULY 26, 2012 
Mr. GARAMENDI (for himself, Mr. CONYERS, Mr. KILDEE, Mr. HINCHEY, and 
Mr. LIPINSKI) 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 deter-
mined 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. 
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 ‘‘Make it in America: 
Create Clean Energy Manufacturing Jobs in America 
Act’’. 
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SEC. 2. REQUIREMENTS FOR PURCHASE OF GREEN TECH-
NOLOGIES WITH 85 PERCENT DOMESTIC CON-
TENT FOR USE BY FEDERAL GOVERNMENT 
AND STATES. 
(a) REQUIREMENT FOR PURCHASES BY FEDERAL 
GOVERNMENT.—Notwithstanding chapter 83 of title 41, 
United States Code (popularly referred to as the Buy 
American Act), and subject to subsection (c), only green 
technologies that are 85 percent manufactured in the 
United States, from articles, materials, or supplies 85 per-
cent of which are grown, produced, or manufactured in 
the United States, may be acquired for use by the Federal 
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 85 percent manufactured in the United States, 
from articles, materials, or supplies 85 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— 
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(1) during the first fiscal year beginning after 
such date of enactment, by substituting ‘‘30 per-
cent’’ for ‘‘85 percent’’; 
(2) during the second fiscal year beginning 
after such date of enactment, by substituting ‘‘50 
percent’’ for ‘‘85 percent’’; and 
(3) during the third fiscal year beginning after 
such date of enactment, by substituting ‘‘80 per-
cent’’ for ‘‘85 percent’’. 
(d) GREEN TECHNOLOGIES DEFINED.—In this Act, 
the term ‘‘green technologies’’ means renewable energy 
and energy efficiency products and services that— 
(1) reduce dependence on unreliable sources of 
energy by encouraging the use of sustainable bio-
mass, wind, small-scale hydroelectric, solar, geo-
thermal, and other renewable energy and energy effi-
ciency products and services; and 
(2) use hybrid fossil-renewable energy systems. 
(e) EFFECTIVE DATE.—This section shall apply to 
purchases of green technologies on and after October 1 
of the first fiscal year beginning after the date of the en-
actment of this Act. 
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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 the date 
of the enactment of the Make it in America: 
Create Clean Energy Manufacturing Jobs in 
America Act, such facility shall not be treated 
as a qualified facility for purposes of this sec-
tion unless such facility is 85 percent manufac-
tured in the United States, from articles, mate-
rials, or supplies 85 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, 2015, subparagraph (A) shall be ap-
plied— 
‘‘(i) in the case a facility originally 
placed in service during 2012, by sub-
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stituting ‘30 percent’ for ‘85 percent’ both 
places it appears, 
‘‘(ii) in the case a facility originally 
placed in service during 2013, by sub-
stituting ‘50 percent’ for ‘85 percent’ both 
places it appears, and 
‘‘(iii) in the case a facility originally 
placed in service during 2014, by sub-
stituting ‘80 percent’ for ‘85 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 the date of the enactment of the 
Make it in America: Create Clean Energy Manufac-
turing Jobs in America Act, such property shall not 
be treated as energy property for purposes of this 
section unless such property is 85 percent manufac-
tured in the United States, from articles, materials, 
or supplies 85 percent of which are grown, produced, 
or manufactured in the United States. 
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‘‘(2) TRANSITIONAL RULE.—In the case of any 
property for any period before January 1, 2015, 
paragraph (1) shall be applied— 
‘‘(A) in the case of any period during 
2012, by substituting ‘30 percent’ for ‘85 per-
cent’ both places it appears, 
‘‘(B) in the case of any period during 
2013, by substituting ‘50 percent’ for ‘85 per-
cent’ both places it appears, and 
‘‘(C) in the case of any period during 
2014, by substituting ‘80 percent’ for ‘85 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 the date of the enact-
ment of this Act. 
(2) INVESTMENT
CREDIT.—The amendments 
made by subsection (b) shall apply to periods after 
the date of the enactment of this Act, under rules 
similar to the rules of section 48(m) of the Internal 
Revenue Code of 1986 (as in effect on the day be-
fore the date of the enactment of the Revenue Rec-
onciliation Act of 1990). 
Æ 
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