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handle is hein.crs/goveibz0001 and id is 1 raw text is: Congressional                                                    ____
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Proposed Tax Preference for Domestic
Content in Energy Infrastructure
August 5, 2022
The Inflation Reduction Act of 2022 (IRA), now pending in Congress, would substantially revise
numerous tax credits designed to support investment in energy infrastructure. Companies building wind
farms, geothermal power generation, and a range of other energy-related projects could receive an
additional, or bonus, tax credit if the project incorporates domestically sourced iron, steel, and
manufactured components. This would mark an expansion of domestic preference policies, which
currently apply to various forms of federal financial assistance but are not a part of any tax preferences.
Overview of Domestic Preference Requirements
Federal domestic preference laws seek to support U.S. manufacturing by requiring use of U.S.-made
products in certain situations. The Buy American Act, the Berry Amendment, and several other laws
require that some goods purchased directly by the federal government be manufactured domestically.
Separately, several statutes and regulations collectively known as Buy America require that states,
municipalities, and other recipients of federal grants for transportation and infrastructure ensure that
domestic goods are used in their projects. Buy America covers public works such as highways, transit
lines, and water and sewage construction; it also requires, for example, that passenger rail cars purchased
by Amtrak be assembled in the United States.
The Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58), enacted November 15, 2021, expanded
Buy America coverage to other types of infrastructure projects funded by federal grants, such as electric
power transmission facilities and broadband infrastructure. The law also broadened the types of
manufactured goods covered by Buy America to include nonferrous metals, such as copper used in
electric wiring; plastic- and polymer-based products; glass, including optical fiber; and construction
materials, such as lumber and drywall. To be considered produced in the United States under the IIJA,
manufactured goods other than iron and steel must contain greater than 55% domestic content.
These various laws, as well as laws requiring domestic production of military goods, all involve
procurement funded directly or indirectly by federal money. The domestic preference provisions in the
IRA, in contrast, would apply to entities claiming federal tax credits, creating an incentive for use of
domestic manufactured goods rather than a requirement.
Congressional Research Service
https://crsreports.congress.gov
IN11983
CRS INSIGHT
Prepared for Members and
Committees of Congress

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