[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5792 Introduced in House (IH)]

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 jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manufacture Renewable Energy 
Systems: Make it in America Act of 2010''.

SEC. 2. REQUIREMENTS FOR PURCHASE OF GREEN TECHNOLOGIES WITH 100 
              PERCENT DOMESTIC CONTENT FOR USE BY FEDERAL GOVERNMENT 
              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 Federal Government.
    (b) Requirement for Purchases by States Using Federal Funds.--
Subject to subsection (c), Federal 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--
            (1) during the first fiscal year beginning after such date 
        of enactment, by substituting ``30 percent'' for ``100 
        percent'';
            (2) during the second fiscal year beginning after such date 
        of enactment, by substituting ``50 percent'' for ``100 
        percent''; and
            (3) during the third fiscal year beginning after such date 
        of enactment, by substituting ``80 percent'' for ``100 
        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 biomass, wind, small-scale 
        hydroelectric, solar, geothermal, and other renewable energy 
        and energy efficiency 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 enactment of this Act.

SEC. 3. RENEWABLE ENERGY PRODUCTION AND INVESTMENT TAX CREDITS LIMITED 
              TO DOMESTICALLY PRODUCED PROPERTY.

    (a) Credit for Electricity Produced From Certain Renewable 
Resources.--Subsection (d) of section 45 of the Internal Revenue Code 
of 1986 is amended by adding at the end the following new paragraph:
            ``(12) Domestic content requirement.--
                    ``(A) In general.--In the case of any facility 
                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 manufactured in the United 
                States, from articles, materials, 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 applied--
                            ``(i) in the case a facility originally 
                        placed in service during 2011, by substituting 
                        `30 percent' for `100 percent' both places it 
                        appears,
                            ``(ii) in the case a facility originally 
                        placed in service during 2012, by substituting 
                        `50 percent' for `100 percent' both places it 
                        appears, and
                            ``(iii) in the case a facility originally 
                        placed in service during 2013, by substituting 
                        `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 property shall not be 
        treated as energy property for purposes of this section unless 
        such property is 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.
            ``(2) Transitional rule.--In the case of any property for 
        any period before January 1, 2014, paragraph (1) shall be 
        applied--
                    ``(A) in the case of any period during 2011, by 
                substituting `30 percent' for `100 percent' both places 
                it appears,
                    ``(B) in the case of any period during 2012, by 
                substituting `50 percent' for `100 percent' both places 
                it appears, and
                    ``(C) in the case of any period during 2013, by 
                substituting `80 percent' for `100 percent' both places 
                it appears.''.
    (c) Effective Dates.--
            (1) Production credit.--The amendments made by subsection 
        (a) shall apply to facilities originally 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).
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