[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6217 Introduced in House (IH)]

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 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 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 Representatives 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''.

SEC. 2. REQUIREMENTS FOR PURCHASE OF GREEN TECHNOLOGIES WITH 85 PERCENT 
              DOMESTIC CONTENT 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 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 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--
            (1) during the first fiscal year beginning after such date 
        of enactment, by substituting ``30 percent'' 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 percent'' 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 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 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 section unless such facility is 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.
                    ``(B) Transitional rule.--In the case of any 
                facility originally placed in service before January 1, 
                2015, subparagraph (A) shall be applied--
                            ``(i) in the case a facility originally 
                        placed in service during 2012, by substituting 
                        `30 percent' for `85 percent' both places it 
                        appears,
                            ``(ii) in the case a facility originally 
                        placed in service during 2013, by substituting 
                        `50 percent' for `85 percent' both places it 
                        appears, and
                            ``(iii) in the case a facility originally 
                        placed in service during 2014, by substituting 
                        `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 Manufacturing Jobs in America Act, 
        such property shall not be treated as energy property for 
        purposes of this section unless such property is 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.
            ``(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 percent' both places 
                it appears,
                    ``(B) in the case of any period during 2013, by 
                substituting `50 percent' for `85 percent' both places 
                it appears, and
                    ``(C) in the case of any period during 2014, by 
                substituting `80 percent' for `85 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 the date of the enactment 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 
        before the date of the enactment of the Revenue Reconciliation 
        Act of 1990).
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