[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 487 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 487
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
January 26, 2011
Mr. Garamendi (for himself, Mr. DeFazio, Mr. Hinchey, and Mr. Holden)
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 2011''.
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 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 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 the date of the
enactment of the Manufacture Renewable Energy Systems:
Make it in America Act of 2011, 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 the date of the enactment of the Manufacture
Renewable Energy Systems: Make it in America Act of 2011, 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 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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