II 

111TH CONGRESS 

2D SESSION S. 3535 

To enhance the energy security of the United States by promoting the 

production of natural gas, nuclear energy, and renewable energy, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2010 

Mr. BURR (for himself and Mr. CHAMBLISS) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To enhance the energy security of the United States by 

promoting the production of natural gas, nuclear energy, 

and renewable energy, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Next Generation Energy Security Act of 2010’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—NATURAL GAS 

Sec. 101. Short title, etc. 

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Subtitle A—Promote the Purchase and Use of NGVs With an Emphasis on 

Heavy Duty Vehicles and Fleet Vehicles 

Sec. 111. Modification of alternative fuel credit. 

Sec. 112. Extension and modification of new qualified alternative fuel motor vehicle credit. 

Sec. 113. Allowance of vehicle and infrastructure credits against regular and 

minimum tax and transferability of credits. 

Sec. 114. Natural gas vehicle bonds. 

Sec. 115. Modification of credit for purchase of vehicles fueled by compressed 

natural gas or liquified natural gas. 

Sec. 116. Modification of definition of new qualified alternative fuel motor vehicle. 

Subtitle B—Promote Production of NGVs by Original Equipment 

Manufacturers 

Sec. 121. Incentives for manufacturing facilities producing vehicles fueled by 

compressed or liquified natural gas. 

Subtitle C—Incentivize the Installation of Natural Gas Fuel Pumps at Service Stations and Depots and Domestic LNG Production Facilities for Small 

Energy Producers 

Sec. 131. Extension and modification of alternative fuel vehicle refueling property credit. 

Sec. 132. Increase in credit for certain alternative fuel vehicle refueling properties. 

Subtitle D—Natural Gas Vehicles 

Sec. 141. Natural gas vehicles in Federal fleet. 

Sec. 142. Grants for natural gas vehicles research and development. 

Sec. 143. Sense of the Senate on EPA certification of NGV retrofit kits. 

TITLE II—NUCLEAR ENERGY 

Sec. 201. Short title. 

Sec. 202. Findings; sense of Senate. 

Subtitle A—Workforce 

Sec. 211. Training the next generation nuclear workforce. 

Subtitle B—Nuclear Construction 

Sec. 221. Improvements regarding efficiency of regulatory process. 

Sec. 222. Title 17 innovative technology loan guarantee program. 

Sec. 223. Standby support for certain nuclear plant delays. 

Subtitle C—Extension of Duty Suspension for Certain Nuclear Parts 

Sec. 231. Extension of duty suspension for certain parts for nuclear facilities. 

Subtitle D—Tax Provisions 

Sec. 241. Special rules for depreciation period for new nuclear power plants. 

Sec. 242. Investment tax credit for nuclear power facilities. 

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Sec. 243. Inclusion of nuclear power facilities in qualifying advanced energy 

project credit. 

Sec. 244. Modification of credit for production from advanced nuclear power facilities. 

Sec. 245. Nuclear job creation tax credit. 

Subtitle E—United States Used Nuclear Fuel 

Sec. 251. United States used nuclear fuel. 

TITLE III—ELECTRIC VEHICLE INFRASTRUCTURE 

Sec. 301. Increase in credit limitation on number of new qualified plug-in electric vehicles. 

Sec. 302. Modifications to credit for alternative fuel vehicle refueling property. 

Sec. 303. Vehicle technology and recharging infrastructure. 

TITLE IV—RENEWABLE ENERGY 

Sec. 401. Extension of energy credit. 

Sec. 402. Extension of renewable energy production credit. 

TITLE V—FUNDING 

Sec. 501. Transfer of stimulus funds. 

1 TITLE I—NATURAL GAS 

2 SEC. 101. SHORT TITLE, ETC. 

3 (a) SHORT TITLE.—This title may be cited as the 

4 ‘‘New Alternative Transportation to Give Americans Solu5 tions Act of 2010’’. 

6 (b) AMENDMENT OF 1986 CODE.—Except as other7 wise expressly provided, whenever in this title an amend8 ment or repeal is expressed in terms of an amendment 

9 to, or repeal of, a section or other provision, the reference 

10 shall be considered to be made to a section or other provi11 sion of the Internal Revenue Code of 1986. 

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1 Subtitle A—Promote the Purchase 

2 and Use of NGVs With an Em3 phasis on Heavy Duty Vehicles 

4 and Fleet Vehicles 

5 SEC. 111. MODIFICATION OF ALTERNATIVE FUEL CREDIT. 

6 (a) ALTERNATIVE FUEL CREDIT.—Paragraph (5) of 

7 section 6426(d) (relating to alternative fuel credit) is 

8 amended by inserting ‘‘, and December 31, 2019, in the 

9 case of any sale or use involving compressed or liquefied 

10 natural gas)’’ after ‘‘hydrogen’’. 

11 (b) ALTERNATIVE FUEL MIXTURE CREDIT.—Para12 graph (3) of section 6426(d) is amended by inserting ‘‘, 

13 and December 31, 2019, in the case of any sale or use 

14 involving compressed or liquefied natural gas)’’ after ‘‘hy15 drogen’’. 

16 (c) PAYMENTS RELATING TO ALTERNATIVE FUEL OR

17 ALTERNATIVE FUEL MIXTURES.—Paragraph (6) of sec18 tion 6427(e) is amended— 

19 (1) in subparagraph (C)— 

20 (A) by striking ‘‘subparagraph (D)’’ in 

21 subparagraph (C) and inserting ‘‘subpara22 graphs (D) and (E)’’, and 

23 (B) by striking ‘‘and’’ at the end thereof, 

24 (2) by striking the period at the end of sub25 paragraph (D) and inserting ‘‘, and’’, and 

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1 (3) by inserting at the end the following: 

2 ‘‘(E) any alternative fuel or alternative fuel 

3 mixture (as so defined) involving compressed or 

4 liquefied natural gas sold or used after Decem5 ber 31, 2019.’’. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to fuel sold or used after the date 

8 of the enactment of this Act. 

9 SEC. 112. EXTENSION AND MODIFICATION OF NEW QUALI10 FIED ALTERNATIVE FUEL MOTOR VEHICLE 

11 CREDIT. 

12 (a) IN GENERAL.—Paragraph (4) of section 30B(k) 

13 (relating to termination) is amended by inserting ‘‘(De14 cember 31, 2019, in the case of a vehicle powered by com15 pressed or liquefied natural gas)’’ before the period at the 

16 end. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall apply to property placed in service 

19 after the date of the enactment of this Act. 

20 SEC. 113. ALLOWANCE OF VEHICLE AND INFRASTRUCTURE 

21 CREDITS AGAINST REGULAR AND MINIMUM 

22 TAX AND TRANSFERABILITY OF CREDITS. 

23 (a) BUSINESS CREDITS.—Subparagraph (B) of sec24 tion 38(c)(4) is amended by striking ‘‘and’’ at the end of 

25 clause (vii), by striking the period at the end of clause 

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1 (ix) and inserting ‘‘, and’’, and by inserting after clause 

2 (ix) the following new clauses: 

3 ‘‘(x) the portion of the credit deter4 mined under section 30B which is attrib5 utable to the application of subsection 

6 (e)(3) thereof with respect to new qualified 

7 alternative fuel motor vehicles which are 

8 capable of being powered by compressed or 

9 liquefied natural gas, and 

10 ‘‘(xi) the portion of the credit deter11 mined under section 30C which is attrib12 utable to the application of subsection (b) 

13 thereof with respect to refueling property 

14 which is used to store and or dispense 

15 compressed or liquefied natural gas.’’. 

16 (b) PERSONAL CREDITS.— 

17 (1) NEW QUALIFIED ALTERNATIVE FUEL

18 MOTOR VEHICLES.—Subsection (g) of section 30B is 

19 amended by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) SPECIAL RULE RELATING TO CERTAIN

22 NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHI23 CLES.—In the case of the portion of the credit deter24 mined under subsection (a) which is attributable to 

25 the application of subsection (e)(3) with respect to 

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1 new qualified alternative fuel motor vehicles which 

2 are capable of being powered by compressed or liq3 uefied natural gas— 

4 ‘‘(A) paragraph (2) shall (after the appli5 cation of paragraph (1)) be applied separately 

6 with respect to such portion, and 

7 ‘‘(B) in lieu of the limitation determined 

8 under paragraph (2), such limitation shall not 

9 exceed the excess (if any) of— 

10 ‘‘(i) the sum of the regular tax liabil11 ity (as defined in section 26(b)) plus the 

12 tentative minimum tax for the taxable 

13 year, reduced by 

14 ‘‘(ii) the sum of the credits allowable 

15 under subpart A and sections 27 and 30.’’. 

16 (2) ALTERNATIVE FUEL VEHICLE REFUELING

17 PROPERTIES.—Subsection (d) of section 30C is 

18 amended by adding at the end the following new 

19 paragraph: 

20 ‘‘(3) SPECIAL RULE RELATING TO CERTAIN AL21 TERNATIVE FUEL VEHICLE REFUELING PROP22 ERTIES.—In the case of the portion of the credit de23 termined under subsection (a) with respect to refuel24 ing property which is used to store and or dispense 

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1 compressed or liquefied natural gas and which is at2 tributable to the application of subsection (b)— 

3 ‘‘(A) paragraph (2) shall (after the appli4 cation of paragraph (1)) be applied separately 

5 with respect to such portion, and 

6 ‘‘(B) in lieu of the limitation determined 

7 under paragraph (2), such limitation shall not 

8 exceed the excess (if any) of— 

9 ‘‘(i) the sum of the regular tax liabil10 ity (as defined in section 26(b)) plus the 

11 tentative minimum tax for the taxable 

12 year, reduced by 

13 ‘‘(ii) the sum of the credits allowable 

14 under subpart A and sections 27, 30, and 

15 the portion of the credit determined under 

16 section 30B which is attributable to the 

17 application of subsection (e)(3) thereof.’’. 

18 (c) CREDITS MAY BE TRANSFERRED.— 

19 (1) VEHICLE CREDITS.—Subsection (h) of sec20 tion 30B is amended by adding at the end the fol21 lowing new paragraph: 

22 ‘‘(11) TRANSFERABILITY OF CREDIT.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), a taxpayer who places in 

25 service any new qualified alternative fuel motor 

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1 vehicle which is capable of being powered by 

2 compressed or liquefied natural gas may trans3 fer the credit allowed under this section by rea4 son of subsection (e) with respect to such vehi5 cle through an assignment to the seller or lessor 

6 of such vehicle. Such transfer may be revoked 

7 only with the consent of the Secretary. 

8 ‘‘(B) DENIAL OF DOUBLE BENEFIT.—No 

9 assignment of a credit allowed under this sec10 tion by reason of subsection (e) with respect to 

11 any new qualified alternative fuel motor vehicle 

12 which is capable of being powered by com13 pressed or liquefied natural gas may be made 

14 under subparagraph (A) to a taxpayer who has 

15 claimed a credit under section 54G with respect 

16 to the financing of such vehicle. 

17 ‘‘(C) REGULATIONS.—The Secretary shall 

18 prescribe such regulations as necessary to en19 sure that any credit transferred under subpara20 graph (A) is claimed once and not reassigned 

21 by such other person.’’. 

22 (2) INFRASTRUCTURE CREDIT.—Subsection (e) 

23 of section 30C is amended by adding at the end the 

24 following new paragraph: 

25 ‘‘(7) TRANSFERABILITY OF CREDIT.— 

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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), a taxpayer who places in 

3 service any qualified alternative fuel vehicle re4 fueling property relating to compressed or lique5 fied natural gas may transfer the credit allowed 

6 under this section with respect to such property 

7 through an assignment to the seller or lessor of 

8 such property. Such transfer may be revoked 

9 only with the consent of the Secretary. 

10 ‘‘(B) DENIAL OF DOUBLE BENEFIT.—No 

11 assignment of a credit allowed under this sec12 tion by reason of subsection (e) with respect to 

13 any qualified alternative fuel vehicle refueling 

14 property relating to compressed or liquefied 

15 natural gas may be made under subparagraph 

16 (A) to a taxpayer who has claimed a credit 

17 under section 54G with respect to the financing 

18 of such property. 

19 ‘‘(C) REGULATIONS.—The Secretary shall 

20 prescribe such regulations as necessary to en21 sure that any credit transferred under subpara22 graph (A) is claimed once and not reassigned 

23 by such other person.’’. 

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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to property placed in 

3 service after the date of the enactment of this Act. 

4 SEC. 114. NATURAL GAS VEHICLE BONDS. 

5 (a) IN GENERAL.—Subpart I of part IV of sub6 chapter A of chapter 1 (relating to qualified tax credit 

7 bonds) is amended by adding at the end the following new 

8 section: 

9 ‘‘SEC. 54G. NATURAL GAS VEHICLE BONDS. 

10 ‘‘(a) NATURAL GAS VEHICLE BOND.—For purposes 

11 of this subpart, the term ‘natural gas vehicle bond’ means 

12 any bond issued as part of an issue if— 

13 ‘‘(1) 100 percent of the available project pro14 ceeds of such issue are to be used for capital expend15 itures incurred by a governmental body for 1 or 

16 more qualified natural gas vehicle projects placed in 

17 service by such governmental body primarily for gov18 ernmental or public use, 

19 ‘‘(2) the bond is issued by a governmental body, 

20 ‘‘(3) the issuer designates such bond for pur21 poses of this section, and 

22 ‘‘(4) in lieu of the requirements of section 

23 54A(d)(2), the issue meets the requirements of sub24 section (c). 

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1 ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES2 IGNATED.— 

3 ‘‘(1) IN GENERAL.—The maximum aggregate 

4 face amount of bonds which may be designated 

5 under subsection (a) by any issuer shall not exceed 

6 the limitation amount allocated under this sub7 section to such issuer. 

8 ‘‘(2) NATIONAL LIMITATION ON AMOUNT OF

9 BONDS DESIGNATED.—There is a national natural 

10 gas vehicle bond limitation of $3,000,000,000. 

11 ‘‘(3) ALLOCATION BY SECRETARY.—The Sec12 retary shall allocate the amount described in para13 graph (2) among qualified natural gas vehicle 

14 projects in such manner as the Secretary determines 

15 appropriate. 

16 ‘‘(c) SPECIAL RULES RELATING TO EXPENDI17 TURES.— 

18 ‘‘(1) IN GENERAL.—An issue shall be treated as 

19 meeting the requirements of this subsection if, as of 

20 the date of issuance, the issuer reasonably expects— 

21 ‘‘(A) 100 percent or more of the available 

22 project proceeds of such issue are to be spent 

23 for 1 or more qualified natural gas vehicle 

24 projects within the 5-year period beginning on 

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1 the date of issuance of the natural gas vehicle 

2 bond, 

3 ‘‘(B) a binding commitment with a third 

4 party to spend at least 10 percent of such avail5 able project proceeds will be incurred within the 

6 6-month period beginning on the date of 

7 issuance of the natural gas vehicle bond, and 

8 ‘‘(C) such projects will be completed with 

9 due diligence and such available project pro10 ceeds will be spent with due diligence. 

11 ‘‘(2) EXTENSION OF PERIOD.—Upon submis12 sion of a request prior to the expiration of the period 

13 described in paragraph (1)(A), the Secretary may 

14 extend such period if the issuer establishes that the 

15 failure to satisfy the 5-year requirement is due to 

16 reasonable cause and the related projects will con17 tinue to proceed with due diligence. 

18 ‘‘(3) FAILURE TO SPEND REQUIRED AMOUNT

19 OF BOND PROCEEDS WITHIN 5 YEARS.—To the ex20 tent that less than 100 percent of the available 

21 project proceeds of such issue are expended by the 

22 close of the 5-year period beginning on the date of 

23 issuance (or if an extension has been obtained under 

24 paragraph (2), by the close of the extended period), 

25 the issuer shall redeem all of the nonqualified bonds 

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1 within 90 days after the end of such period. For 

2 purposes of this paragraph, the amount of the non3 qualified bonds required to be redeemed shall be de4 termined in the same manner as under section 142. 

5 ‘‘(d) GOVERNMENTAL BODY.—For purposes of this 

6 section, the term ‘governmental body’ means any State or 

7 Indian tribal government, or any political subdivision 

8 thereof. 

9 ‘‘(e) QUALIFIED NATURAL GAS VEHICLE

10 PROJECT.—For purposes of this subpart, the term ‘quali11 fied natural gas vehicle project’ means— 

12 ‘‘(1) 1 or more new qualified alternative fuel 

13 motor vehicles which are capable of being powered 

14 by compressed or liquefied natural gas (within the 

15 meaning of section 30B(e)(4)), or 

16 ‘‘(2) 1 or more qualified alternative fuel vehicle 

17 refueling properties which are used to store and or 

18 dispense compressed or liquefied natural gas (within 

19 the meaning of section 30C(c)). 

20 ‘‘(f) TERMINATION.—This section shall not apply 

21 with respect to any bond issued after December 31, 

22 2019.’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) Paragraph (1) of section 54A(d) is amended 

25 by striking ‘‘or’’ at the end of subparagraph (D), by 

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1 inserting ‘‘or’’ at the end of subparagraph (E), and 

2 by inserting after subparagraph (E) the following 

3 new subparagraph: 

4 ‘‘(F) a natural gas vehicle bond,’’. 

5 (2) Subparagraph (C) of section 54A(d)(2) is 

6 amended by striking ‘‘and’’ at the end of clause (iv), 

7 by striking the period at the end of clause (v) and 

8 inserting ‘‘, and’’, and by adding at the end the fol9 lowing new clause: 

10 ‘‘(vi) in the case of a natural gas vehi11 cle bond, a purpose specified in section 

12 54G(a)(1).’’. 

13 (c) CLERICAL AMENDMENT.—The table of sections 

14 for subpart I of part IV of subchapter A of chapter 1 is 

15 amended by adding at the end the following new item: 

‘‘Sec. 54G. Natural gas vehicle bonds.’’. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to bonds issued after the date of 

18 the enactment of this Act. 

19 SEC. 115. MODIFICATION OF CREDIT FOR PURCHASE OF 

20 VEHICLES FUELED BY COMPRESSED NAT21 URAL GAS OR LIQUIFIED NATURAL GAS. 

22 (a) INCREASE IN CREDIT.—Paragraph (2) of section 

23 30B(e) (relating to applicable percentage) is amended to 

24 read as follows: 

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1 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

2 of paragraph (1), the applicable percentage with re3 spect to any new qualified alternative fuel motor ve4 hicle is— 

5 ‘‘(A) except as provided in subparagraphs 

6 (B) and (C)— 

7 ‘‘(i) 50 percent, plus 

8 ‘‘(ii) 30 percent, if such vehicle— 

9 ‘‘(I) has received a certificate of 

10 conformity under the Clean Air Act 

11 and meets or exceeds the most strin12 gent standard available for certifi13 cation under the Clean Air Act for 

14 that make and model year vehicle 

15 (other than a zero emission standard), 

16 or 

17 ‘‘(II) has received an order certi18 fying the vehicle as meeting the same 

19 requirements as vehicles which may be 

20 sold or leased in California and meets 

21 or exceeds the most stringent stand22 ard available for certification under 

23 the State laws of California (enacted 

24 in accordance with a waiver granted 

25 under section 209(b) of the Clean Air 

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1 Act) for that make and model year ve2 hicle (other than a zero emission 

3 standard), 

4 ‘‘(B) 80 percent, in the case of vehicles 

5 that are only capable of operating on com6 pressed natural gas or liquefied natural gas, or 

7 mix-fuel vehicles which are capable of operating 

8 on compressed or liquefied natural gas, and 

9 ‘‘(C) 50 percent, in the case of vehicles de10 scribed subsection (e)(4)(A)(i)(II). 

11 For purposes of the preceding sentence, in the case 

12 of any new qualified alternative fuel motor vehicle 

13 which weighs more than 14,000 pounds gross vehicle 

14 weight rating, the most stringent standard available 

15 shall be such standard available for certification on 

16 the date of the enactment of the Energy Tax Incen17 tives Act of 2005.’’. 

18 (b) HIGHER INCREMENTAL COST LIMITS FOR NAT19 URAL GAS VEHICLES.—Subsection (e) of section 30B (re20 lating to new qualified alternative fuel motor vehicle cred21 it) is amended by adding at the end the following new 

22 paragraph: 

23 ‘‘(6) HIGHER INCREMENTAL COST LIMITS FOR

24 NATURAL GAS VEHICLES.—In the case of new quali25 fied alternative fuel motor vehicles with respect to 

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1 vehicles powered by compressed or liquefied natural 

2 gas, paragraph (3) shall be applied— 

3 ‘‘(A) in subparagraph (A) by substituting 

4 ‘$12,500’ for ‘$5,000’, 

5 ‘‘(B) in subparagraph (B) by substituting 

6 ‘$20,000’ for ‘$10,000’, 

7 ‘‘(C) in subparagraph (C) by substituting 

8 ‘$50,000’ for ‘$25,000’, and 

9 ‘‘(D) in subparagraph (D) by substituting 

10 ‘$80,000’ for ‘$40,000’.’’. 

11 (c) EFFECTIVE DATE.—The amendment made by 

12 this section shall apply to property placed in service after 

13 the date of the enactment of this Act. 

14 SEC. 116. MODIFICATION OF DEFINITION OF NEW QUALI15 FIED ALTERNATIVE FUEL MOTOR VEHICLE. 

16 (a) IN GENERAL.—Clause (i) of section 30B(e)(4)(A) 

17 (relating to definition of new qualified alternative fuel 

18 motor vehicle) is amended to read as follows: 

19 ‘‘(i) which— 

20 ‘‘(I) is only capable of operating 

21 on an alternative fuel, or 

22 ‘‘(II) is capable of operating on 

23 compressed or liquefied natural gas 

24 and gasoline or diesel fuel, but in no 

25 case shall such vehicle have an opermstockstill on DSKH9S0YB1PROD with BILLS

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1 ating range of less than 200 miles on 

2 compressed or liquefied natural gas.’’. 

3 (b) CONVERSIONS AND REPOWERS.—Paragraph (4) 

4 of section 30B(e) is amended by adding at the end the 

5 following new subparagraph: 

6 ‘‘(C) CONVERSIONS AND REPOWERS.— 

7 ‘‘(i) IN GENERAL.—The term ‘new 

8 qualified alternative fuel motor vehicle’ in9 cludes the conversion or repower of a new 

10 or used vehicle so that it is capable of op11 erating on an alternative fuel as it was not 

12 previously capable of operating on an alter13 native fuel. 

14 ‘‘(ii) TREATMENT AS NEW.—A vehicle 

15 which has been converted to operate on an 

16 alternative fuel shall be treated as new on 

17 the date of such conversion for purposes of 

18 this section. 

19 ‘‘(iii) RULE OF CONSTRUCTION.—In 

20 the case of a used vehicle which is con21 verted or repowered, nothing in this section 

22 shall be construed to require that the 

23 motor vehicle be acquired in the year the 

24 credit is claimed under this section with re25 spect to such vehicle.’’. 

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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to property placed in service after 

3 the date of the enactment of this Act. 

4 Subtitle B—Promote Production of 

5 NGVs by Original Equipment 

6 Manufacturers 

7 SEC. 121. INCENTIVES FOR MANUFACTURING FACILITIES 

8 PRODUCING VEHICLES FUELED BY COM9 PRESSED OR LIQUIFIED NATURAL GAS. 

10 (a) DEDUCTION FOR MANUFACTURING FACILI11 TIES.—Part VI of subchapter B of chapter 1 of the Inter12 nal Revenue Code of 1986 (relating to itemized deductions 

13 for individuals and corporations) is amended by inserting 

14 after section 179E the following new section: 

15 ‘‘SEC. 179F. EXPENSING FOR MANUFACTURING FACILITIES 

16 PRODUCING VEHICLES FUELED BY COM17 PRESSED NATURAL GAS OR LIQUIFIED NAT18 URAL GAS. 

19 ‘‘(a) TREATMENT AS EXPENSES.—A taxpayer may 

20 elect to treat the applicable percentage of the cost of any 

21 qualified natural gas vehicle manufacturing facility prop22 erty as an expense which is not chargeable to a capital 

23 account. Any cost so treated shall be allowed as a deduc24 tion for the taxable year in which the qualified manufac25 turing facility property is placed in service. 

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1 ‘‘(b) APPLICABLE PERCENTAGE.—For purposes of 

2 subsection (a), the applicable percentage is— 

3 ‘‘(1) 100 percent, in the case of qualified nat4 ural gas vehicle manufacturing facility property 

5 which is placed in service before January 1, 2015, 

6 and 

7 ‘‘(2) 50 percent, in the case of qualified natural 

8 gas vehicle manufacturing facility property which is 

9 placed in service after December 31, 2014, and be10 fore January 1, 2020. 

11 ‘‘(c) ELECTION.— 

12 ‘‘(1) IN GENERAL.—An election under this sec13 tion for any taxable year shall be made on the tax14 payer’s return of the tax imposed by this chapter for 

15 the taxable year. Such election shall be made in such 

16 manner as the Secretary may by regulations pre17 scribe. 

18 ‘‘(2) ELECTION IRREVOCABLE.—Any election 

19 made under this section may not be revoked except 

20 with the consent of the Secretary. 

21 ‘‘(d) QUALIFIED NATURAL GAS VEHICLE MANUFAC22 TURING FACILITY PROPERTY.—For purposes of this sec23 tion— 

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1 ‘‘(1) IN GENERAL.—The term ‘qualified natural 

2 gas vehicle manufacturing facility property’ means 

3 any qualified property— 

4 ‘‘(A) the original use of which commences 

5 with the taxpayer, 

6 ‘‘(B) which is placed in service by the tax7 payer after the date of the enactment of this 

8 section and before January 1, 2020, and 

9 ‘‘(C) no written binding contract for the 

10 construction of which was in effect on or before 

11 the date of the enactment of this section. 

12 ‘‘(2) QUALIFIED PROPERTY.— 

13 ‘‘(A) IN GENERAL.—The term ‘qualified 

14 property’ means any property which is a facility 

15 or a portion of a facility used for the production 

16 of— 

17 ‘‘(i) any new qualified alternative fuel 

18 motor vehicle which is capable of being 

19 powered by compressed or liquefied natural 

20 gas (within the meaning of section 

21 30B(e)(4)), or 

22 ‘‘(ii) any eligible component. 

23 ‘‘(B) ELIGIBLE COMPONENT.—The term 

24 ‘eligible component’ means any component 

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1 which is designed specifically for use in such a 

2 new qualified alternative fuel motor vehicle. 

3 ‘‘(e) SPECIAL RULE FOR DUAL USE PROPERTY.— 

4 ‘‘(1) IN GENERAL.—In the case of any qualified 

5 natural gas vehicle manufacturing facility property 

6 which is used to produce both property described in 

7 clauses (i) and (ii) of subsection (d)(2)(A) and prop8 erty which is not so described, the amount of costs 

9 taken into account under subsection (a) shall be re10 duced by an amount equal to— 

11 ‘‘(A) the total amount of such costs (deter12 mined before the application of this subsection), 

13 multiplied by 

14 ‘‘(B) the percentage of property expected 

15 to be produced which is not so described. 

16 ‘‘(2) REGULATIONS.—The Secretary shall pre17 scribe such regulations as are necessary to carry out 

18 the purpose of this subsection.’’. 

19 (b) REFUND OF CREDIT FOR PRIOR YEAR MINIMUM

20 TAX LIABILITY.—Section 53 (relating to credit for prior 

21 year minimum tax liability) is amended by adding at the 

22 end the following new subsection: 

23 ‘‘(g) ELECTION TO TREAT AMOUNTS ATTRIBUTABLE

24 TO QUALIFIED MANUFACTURING FACILITY.— 

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1 ‘‘(1) IN GENERAL.—In the case of an eligible 

2 taxpayer, the amount determined under subsection 

3 (c) for the taxable year (after the application of sub4 section (e)) shall be increased by an amount equal 

5 to the applicable percentage of any qualified natural 

6 gas vehicle manufacturing facility property which is 

7 placed in service during the taxable year. 

8 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

9 of paragraph (1), the applicable percentage is— 

10 ‘‘(A) 35 percent, in the case of qualified 

11 natural gas vehicle manufacturing facility prop12 erty which is placed in service before January 

13 1, 2015, and 

14 ‘‘(B) 17.5 percent, in the case of qualified 

15 natural gas vehicle manufacturing facility prop16 erty which is placed in service after December 

17 31, 2014, and before January 1, 2020. 

18 ‘‘(3) ELIGIBLE TAXPAYER.—For purposes of 

19 this subsection, the term ‘eligible taxpayer’ means 

20 any taxpayer— 

21 ‘‘(A) who places in service qualified natural 

22 gas vehicle manufacturing facility property dur23 ing the taxable year, 

24 ‘‘(B) who does not make an election under 

25 section 179F(c), and 

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1 ‘‘(C) who makes an election under this 

2 subsection. 

3 ‘‘(4) OTHER DEFINITIONS AND SPECIAL

4 RULES.— 

5 ‘‘(A) QUALIFIED NATURAL GAS VEHICLE

6 MANUFACTURING FACILITY PROPERTY.—The 

7 term ‘qualified natural gas vehicle manufac8 turing facility property’ has the meaning given 

9 such term under section 179F(d). 

10 ‘‘(B) SPECIAL RULE FOR DUAL USE PROP11 ERTY.—In the case of any qualified natural gas 

12 vehicle manufacturing facility property which is 

13 used to produce both qualified property (as de14 fined in section 179F(d)) and other property 

15 which is not qualified property, the amount of 

16 costs taken into account under paragraph (1) 

17 shall be reduced by an amount equal to— 

18 ‘‘(i) the total amount of such costs 

19 (determined before the application of this 

20 subparagraph), multiplied by 

21 ‘‘(ii) the percentage of property ex22 pected to be produced which is not quali23 fied property. 

24 ‘‘(C) ELECTION.— 

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1 ‘‘(i) IN GENERAL.—An election under 

2 this subsection for any taxable year shall 

3 be made on the taxpayer’s return of the 

4 tax imposed by this chapter for the taxable 

5 year. Such election shall be made in such 

6 manner as the Secretary may by regula7 tions prescribe. 

8 ‘‘(ii) ELECTION IRREVOCABLE.—Any 

9 election made under this subsection may 

10 not be revoked except with the consent of 

11 the Secretary. 

12 ‘‘(5) CREDIT REFUNDABLE.—For purposes of 

13 this title (other than this section), the credit allowed 

14 by reason of this subsection shall be treated as if it 

15 were allowed under subpart C.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to taxable years beginning after 

18 the date of the enactment of this Act. 

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1 Subtitle C—Incentivize the Instal2 lation of Natural Gas Fuel 

3 Pumps at Service Stations and 

4 Depots and Domestic LNG Pro5 duction Facilities for Small En6 ergy Producers 

7 SEC. 131. EXTENSION AND MODIFICATION OF ALTER8 NATIVE FUEL VEHICLE REFUELING PROP9 ERTY CREDIT. 

10 (a) IN GENERAL.—Subsection (g) of section 30C is 

11 amended by striking ‘‘and’’ at the end of paragraph (1), 

12 by redesignating paragraph (2) as paragraph (3), and by 

13 inserting after paragraph (1) the following new paragraph: 

14 ‘‘(2) in the case of property relating to com15 pressed or liquefied natural gas, after December 31, 

16 2019, and’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall apply to property placed in service 

19 after the date of the enactment of this Act. 

20 SEC. 132. INCREASE IN CREDIT FOR CERTAIN ALTER21 NATIVE FUEL VEHICLE REFUELING PROP22 ERTIES. 

23 (a) IN GENERAL.—Subsection (b) of section 30C is 

24 amended to read as follows: 

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1 ‘‘(b) LIMITATION.—The credit allowed under sub2 section (a) with respect to all qualified alternative fuel ve3 hicle refueling property placed in service by the taxpayer 

4 during the taxable year at a location shall not exceed— 

5 ‘‘(1) except as provided in paragraph (2), 

6 $30,000 in the case of a property of a character 

7 subject to an allowance for depreciation, 

8 ‘‘(2) in the case of a compressed natural gas, 

9 or liquefied natural gas, the lesser of— 

10 ‘‘(A) 50 percent of such cost, or 

11 ‘‘(B) $100,000, and 

12 ‘‘(3) $2,000 in any other case.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall apply to property placed in service in 

15 taxable years beginning after December 31, 2010. 

16 Subtitle D—Natural Gas Vehicles 

17 SEC. 141. NATURAL GAS VEHICLES IN FEDERAL FLEET. 

18 When complying with mandatory Federal fleet alter19 native fuel vehicle purchase requirements, Federal agen20 cies shall purchase dedicated alternative fuel vehicles un21 less the agency can show that alternative fuel is unavail22 able or purchasing such vehicles would be impractical. 

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1 SEC. 142. GRANTS FOR NATURAL GAS VEHICLES RESEARCH 

2 AND DEVELOPMENT. 

3 (a) IN GENERAL.—The Secretary of Energy may 

4 make grants to original equipment manufacturers of light 

5 duty and heavy duty natural gas vehicles for the develop6 ment of engines that reduce emissions, improve perform7 ance and efficiency, and lower cost. 

8 (b) LIMITATION.—The aggregate amount of grants 

9 under subsection (a) for any fiscal year shall not exceed 

10 $30,000,000. 

11 SEC. 143. SENSE OF THE SENATE ON EPA CERTIFICATION 

12 OF NGV RETROFIT KITS. 

13 It is the sense of the Senate that the Environmental 

14 Protection Agency should streamline the process for cer15 tification of natural gas vehicle retrofit kits to promote 

16 energy security while still fulfilling the mission of the 

17 Clean Air Act. 

18 TITLE II—NUCLEAR ENERGY 

19 SEC. 201. SHORT TITLE. 

20 This title may be cited as the ‘‘Nuclear Energy Ex21 pansion Act of 2010’’. 

22 SEC. 202. FINDINGS; SENSE OF SENATE. 

23 (a) FINDINGS.—The Senate finds that— 

24 (1) more than 40 years of experience in the 

25 United States relating to commercial nuclear power 

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1 plants have demonstrated that nuclear reactors can 

2 be operated safely; 

3 (2) in 2007, nuclear power plants produced 19 

4 percent of the electricity generated in the United 

5 States; 

6 (3) nuclear power plants are the only baseload 

7 source of emission-free electric generation, emitting 

8 no greenhouse gases or criteria pollutants associated 

9 with acid rain, smog, or ozone; 

10 (4) in 2007, nuclear power plants in the United 

11 States accounted for more than 73 percent of emis12 sion-free electric generation in the United States; 

13 (5) construction of a new nuclear power plant 

14 is estimated to require between 1,400 and 1,800 

15 jobs during a 4-year period, with peak employment 

16 reaching as many as 2,400 workers; 

17 (6)(A) once operational, a new nuclear power 

18 plant is estimated to provide 400 to 600 full-time 

19 jobs for up to 60 years; and 

20 (B) jobs at nuclear power plants pay, on aver21 age, 40 percent more than other jobs in surrounding 

22 communities; 

23 (7) revitalization of a domestic manufacturing 

24 industry to provide nuclear components for new 

25 power plants that can be deployed in the United 

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1 States and exported for use in global carbon reduc2 tion programs will provide thousands of new, high3 paying jobs and contribute to economic growth in 

4 the United States; 

5 (8) data of the Bureau of Labor Statistics dem6 onstrate that it is safer to work in a nuclear power 

7 plant than to work in the real estate or financial sec8 tors; 

9 (9) economies of scale, sharing of best operation 

10 and maintenance practices, and the need to attract 

11 engineering students into disciplines important to 

12 the design, construction, and operation of nuclear 

13 power plants combine to make a fleet consisting of 

14 several dozen new nuclear power plants important to 

15 the safe, reliable, and economic construction and op16 eration of each plant in the fleet; 

17 (10) the United States has been a world leader 

18 in nuclear science; and 

19 (11) institutions of higher education in the 

20 United States will play a critical role in advancing 

21 knowledge about the use and the safety of nuclear 

22 energy for the production of electricity. 

23 (b) SENSE OF SENATE.—It is the sense of the Senate 

24 that— 

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1 (1) Congress should adopt an energy policy that 

2 encourages the construction of a new fleet of nuclear 

3 power plants beginning in 2010 and continuing 

4 through at least 2030; 

5 (2) Congress should stimulate private sector in6 vestment in the manufacturing of nuclear project 

7 components in the United States; and 

8 (3) State and local utility ratemaking authori9 ties should consider permitting utilities to begin re10 covering construction costs through approved rates 

11 during the phase commonly known as the ‘‘construc12 tion work in progress’’ phase. 

13 Subtitle A—Workforce 

14 SEC. 211. TRAINING THE NEXT GENERATION NUCLEAR 

15 WORKFORCE. 

16 (a) DEFINITION OF APPLICABLE PERIOD.—In this 

17 section, the term ‘‘applicable period’’ means the 5-year pe18 riod beginning on January 1, 2012, and each 5-year pe19 riod thereafter. 

20 (b) USE OF FUNDS.—Of amounts made available to 

21 carry out this section for the calendar years in each appli22 cable period— 

23 (1) the Secretary of Energy shall use such 

24 amounts for each applicable period as the Secretary 

25 of Energy determines to be necessary to increase the 

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1 number and amounts of nuclear science talent ex2 pansion grants and nuclear science competitiveness 

3 grants provided under section 5004 of the America 

4 COMPETES Act (42 U.S.C. 16532); 

5 (2) such sums as are necessary shall be made 

6 available to the Secretary of Education for use for 

7 each applicable period to support science primary 

8 and secondary education in the United States; and 

9 (3) such sums as are necessary shall be allo10 cated to the Secretary of Labor, in consultation with 

11 nuclear energy entities and organized labor, for use 

12 for each applicable period to expand workforce train13 ing to meet the high demand for workers skilled in 

14 nuclear power plant construction and operation, in15 cluding programs for— 

16 (A) electrical craft certification; 

17 (B) preapprenticeship career technical edu18 cation for industrialized skilled crafts that are 

19 useful in the construction of nuclear power 

20 plants; 

21 (C) community college and skill center 

22 training for nuclear power plant technicians; 

23 (D) training of construction management 

24 personnel for nuclear power plant construction 

25 projects; and 

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1 (E) regional grants for integrated nuclear 

2 energy workforce development programs. 

3 Subtitle B—Nuclear Construction 

4 SEC. 221. IMPROVEMENTS REGARDING EFFICIENCY OF 

5 REGULATORY PROCESS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) CHAIRMAN.—The term ‘‘Chairman’’ means 

8 the Chairman of the Nuclear Regulatory Commis9 sion. 

10 (2) EXPEDITED PROCEDURE.—The term ‘‘expe11 dited procedure’’ means an expedited procedure— 

12 (A) for issuing combined construction and 

13 operating licenses for qualified new nuclear re14 actors; and 

15 (B) established by the Chairman under 

16 subsection (b)(1). 

17 (b) EXPEDITED PROCEDURE.— 

18 (1) IN GENERAL.—As soon as practicable after 

19 the date of enactment of this Act, the Chairman 

20 shall establish and implement an expedited proce21 dure for issuing combined construction and oper22 ating licenses for qualified new nuclear reactors. 

23 (2) QUALIFICATIONS.—To qualify for the expe24 dited procedure, an applicant shall— 

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1 (A) apply for the construction of a nuclear 

2 reactor based on a design approved by the 

3 Chairman; 

4 (B) construct the nuclear reactor on a site 

5 at which an operating nuclear power plant ex6 ists; 

7 (C) construct the reactor on a site that has 

8 been granted an early site permit; 

9 (D) to the satisfaction of the Chairman, 

10 establish that there exists broad local public 

11 support for the project; 

12 (E) as of the date of the application, be an 

13 existing nuclear power plant owner or operator 

14 that— 

15 (i) has a substantial record of safe op16 eration; and 

17 (ii) is in good standing with the Nu18 clear Regulatory Commission; 

19 (F) submit to the Chairman a complete 

20 combined construction and operating license ap21 plication; and 

22 (G) demonstrate sufficient financial com23 mitment to the project, and a preparedness to 

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1 tion and operating license is issued, as dem2 onstrated by— 

3 (i) the purchase of, or contract to pur4 chase, long-lead materials; or 

5 (ii) the securing of assured financing. 

6 (3) REPORT TO CONGRESS.— 

7 (A) IN GENERAL.—Not later than 90 days 

8 after the date of enactment of this Act, in ac9 cordance with subparagraph (B), the Chairman 

10 shall submit to the appropriate committees of 

11 Congress a report that contains recommenda12 tions of the Chairman regarding the develop13 ment and implementation of procedures that 

14 would enable the Chairman to pursue a trans15 parent, fact-based process in a nonadversarial 

16 environment in which the Chairman would be 

17 capable of making, as expeditiously as prac18 ticable, decisions based on sound science and 

19 engineering. 

20 (B) REQUIREMENTS.—The recommenda21 tions to be included in the report under sub22 paragraph (A) shall propose an efficient process 

23 that will allow interested parties that have 

24 standing to participate in the proceedings to 

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1 raise legitimate concerns to be heard and re2 solved without undue delay. 

3 (c) REPORT REGARDING TECHNOLOGY-NEUTRAL

4 PLANT DESIGN SPECIFICATIONS.—Not later than 1 year 

5 after the date of enactment of this Act, the Chairman shall 

6 submit to the appropriate committees of Congress a report 

7 that contains an outline of an approach that will enable 

8 the Chairman to develop technology-neutral guidelines for 

9 nuclear plant licensing in the future, which will allow for 

10 a more seamless entry of new technologies into the mar11 ketplace. 

12 (d) ADDITIONAL FUNDING AND PERSONNEL RE13 SOURCES.—Not later than 90 days after the date of enact14 ment of this Act, the Chairman shall submit to Congress 

15 a request for such additional funding and personnel re16 sources as are necessary to carry out subsections (b) and 

17 (c). 

18 (e) NATIONAL LABORATORY SUPPORT.—Each Na19 tional Laboratory with expertise in the field of nuclear en20 ergy, in coordination with the Chairman, shall dedicate 

21 personnel for the support of the expedited licensing proce22 dures under subsection (b). 

23 (f) INSPECTIONS, TESTS, ANALYSES, AND ACCEPT24 ANCE CRITERIA.—Section 189 a.(1)(B) of the Atomic En25 ergy Act of 1954 (42 U.S.C. 2239(a)(1)(B)) is amended— 

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1 (1) by striking clause (ii) and inserting the fol2 lowing: 

3 ‘‘(ii) STANDARD FOR HEARING.—A re4 quest for hearing under clause (i) shall 

5 present substantial evidence that— 

6 ‘‘(I) creates a genuine issue of 

7 material fact regarding whether 1 or 

8 more of the acceptance criteria in the 

9 combined license have been met or will 

10 be met; and 

11 ‘‘(II) describes the specific oper12 ational consequences of nonperform13 ance that would be contrary to pro14 viding reasonable assurance of ade15 quate protection of public health and 

16 safety.’’; 

17 (2) in the second sentence of clause (iii), by 

18 striking ‘‘prima facie showing’’ and inserting ‘‘evi19 dence’’; 

20 (3) by striking clause (iv) and inserting the fol21 lowing: 

22 ‘‘(iv) INFORMAL HEARING PROCE23 DURES.—The Commission shall— 

24 ‘‘(I) to the maximum extent prac25 ticable, use informal hearing procemstockstill on DSKH9S0YB1PROD with BILLS

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1 dures that rely on written submissions 

2 of the parties for any hearing under 

3 clause (i); and 

4 ‘‘(II) if the Commission deter5 mines not to use informal hearing 

6 procedures, provide to the parties a 

7 statement describing the rationale for 

8 the determination.’’; and 

9 (4) in the first sentence of clause (v), by strik10 ing ‘‘, to the maximum possible extent,’’. 

11 (g) PUBLIC HEALTH AND SAFETY.— 

12 (1) EFFECT OF SECTION.—Nothing in this sec13 tion supersedes, mitigates, detracts from, or in any14 way decreases the ability of the Chairman to main15 tain the highest possible levels of public health and 

16 safety standards for nuclear facilities in the United 

17 States. 

18 (2) EFFECT OF AUTHORITY PROVIDED BY SEC19 TION.—No authority provided by this section shall 

20 be executed in a manner that jeopardizes, minimizes, 

21 reduces, or lessens any public health or safety stand22 ard. 

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1 SEC. 222. TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUAR2 ANTEE PROGRAM. 

3 The matter under the heading ‘‘TITLE 17 INNOVA4 TIVE TECHNOLOGY LOAN GUARANTEE PROGRAM’’ under 

5 the heading ‘‘ENERGY PROGRAMS’’ under the heading 

6 ‘‘DEPARTMENT OF ENERGY’’ of title III of division 

7 C of the Omnibus Appropriations Act, 2009 (Public Law 

8 111–8; 123 Stat. 619) is amended, in the matter pre9 ceding the first proviso— 

10 (1) by striking ‘‘$47,000,000,000’’ and insert11 ing ‘‘$100,000,000,000’’; and 

12 (2) by striking ‘‘$18,500,000,000’’ and insert13 ing ‘‘$54,000,000,000’’. 

14 SEC. 223. STANDBY SUPPORT FOR CERTAIN NUCLEAR 

15 PLANT DELAYS. 

16 (a) DEFINITIONS.—Section 638(a) of the Energy 

17 Policy Act of 2005 (42 U.S.C. 16014(a)) is amended— 

18 (1) by redesignating paragraph (4) as para19 graph (7); and 

20 (2) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) FULL POWER OPERATION.—The term ‘full 

23 power operation’, with respect to a facility, means 

24 the earlier of— 

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1 ‘‘(A) the commercial operation date (or the 

2 equivalent under the terms of the financing doc3 uments for the facility); and 

4 ‘‘(B) the date on which the facility 

5 achieves operation at an average nameplate ca6 pacity of 50 percent or more during any con7 secutive 30-day period after the completion of 

8 startup testing for the facility. 

9 ‘‘(5) INCREASED PROJECT COSTS.—The term 

10 ‘increased project costs’ means the increased cost of 

11 constructing, commissioning, testing, operating, or 

12 maintaining a reactor prior to full-power operation 

13 incurred as a result of a delay covered by the con14 tract, including costs of demobilization and re15 mobilization, increased costs of equipment, materials 

16 and labor due to delay (including idle time), in17 creased general and administrative costs, and esca18 lation costs for completing construction. 

19 ‘‘(6) LITIGATION.—The term ‘litigation’ means 

20 any— 

21 ‘‘(A) adjudication in Federal, State, local, 

22 or tribal court; and 

23 ‘‘(B) any administrative proceeding or 

24 hearing before a Federal, State, local, or tribal 

25 agency or administrative entity.’’. 

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1 (b) CONTRACT AUTHORITY.—Section 638(b) of the 

2 Energy Policy Act of 2005 (42 U.S.C. 16014(b)) is 

3 amended by striking paragraph (1) and inserting the fol4 lowing: 

5 ‘‘(1) CONTRACTS.— 

6 ‘‘(A) IN GENERAL.—The Secretary may 

7 enter into contracts under this section with 

8 sponsors of an advanced nuclear facility that 

9 cover at any 1 time a total of not more than 

10 12 reactors, which shall consist of not less than 

11 2 nor more than 4 different reactor designs, in 

12 accordance with paragraph (2). 

13 ‘‘(B) REPLACEMENT CONTRACTS.—If any 

14 contract entered into under this section termi15 nates or expires without a claim being paid by 

16 the Secretary under the contract, the Secretary 

17 may enter into a new contract under this sec18 tion in replacement of the contract.’’. 

19 (c) COVERED COSTS.—Section 638(d) of the Energy 

20 Policy Act of 2005 (42. U.S.C. 16014(d)) is amended by 

21 striking paragraphs (2) and (3) and inserting the fol22 lowing: 

23 ‘‘(2) COVERAGE.—In the case of reactors that 

24 receive combined licenses and on which construction 

25 is commenced, the Secretary shall pay— 

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1 ‘‘(A) 100 percent of the covered costs of 

2 delay that occur after the initial 30-day period 

3 of covered delay; but 

4 ‘‘(B) not more than $500,000,000 per con5 tract. 

6 ‘‘(3) COVERED DEBT OBLIGATIONS.—Debt obli7 gations covered under subparagraph (A) of para8 graph (5) shall include debt obligations incurred to 

9 pay increased project costs.’’. 

10 (d) DISPUTE RESOLUTION.—Section 638 of the En11 ergy Policy Act of 2005 (42 U.S.C. 16014) is amended— 

12 (1) by redesignating subsections (f) through (h) 

13 as subsections (g) through (i), respectively; and 

14 (2) by inserting after subsection (e) the fol15 lowing: 

16 ‘‘(f) DISPUTE RESOLUTION.— 

17 ‘‘(1) IN GENERAL.—Any controversy or claim 

18 arising out of or relating to any contract entered 

19 into under this section shall be determined by arbi20 tration in Washington, DC, in accordance with the 

21 applicable Commercial Arbitration Rules of the 

22 American Arbitration Association. 

23 ‘‘(2) TREATMENT OF DECISION.—A decision by 

24 an arbitrator shall be final and binding, and the 

25 United district court for Washington, DC, or the 

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1 district in which the project is located shall have ju2 risdiction to enter judgment on the decision.’’. 

3 (e) QUARTERLY REPORTS BY COMMISSIONS.—Sec4 tion 638 of the Energy Policy Act of 2005 (42 U.S.C. 

5 16014) (as amended by subsection (d)) is amended by 

6 striking subsection (g) and inserting the following: 

7 ‘‘(g) QUARTERLY REPORTS BY COMMISSION.—Effec8 tive beginning not later than 90 days after the date of 

9 enactment of the Next Generation Energy Security Act 

10 of 2010, the Commission shall submit to the Committee 

11 on Appropriations, and the Committee on Energy and 

12 Natural Resources, of the Senate and the Committee on 

13 Appropriations, and the Committee on Energy and Com14 merce, of the House of Representatives a quarterly report 

15 that— 

16 ‘‘(1) describes the status of licensing actions as17 sociated with each advanced nuclear facility that is 

18 being licensed by the Commission, or covered by a 

19 contract under this section; 

20 ‘‘(2) describes the schedules for completion of 

21 the licensing actions, including licensing milestones; 

22 and 

23 ‘‘(3) as necessary, provides an explanation for 

24 why licensing milestones have not been met.’’. 

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1 Subtitle C—Extension of Duty Sus2 pension for Certain Nuclear 

3 Parts 

4 SEC. 231. EXTENSION OF DUTY SUSPENSION FOR CERTAIN 

5 PARTS FOR NUCLEAR FACILITIES. 

6 (a) STEAM GENERATORS.—Heading 9902.84.02 of 

7 the Harmonized Tariff Schedule of the United States is 

8 amended to read as follows: 

‘‘ 9902.84.02 Watertube boilers with a 

steam production exceeding 

45t per hour, for use in nuclear facilities (provided for 

in subheading 8402.11.00), 

entered after 12/31/2008 and 

on or before 12/31/2020, if 

the contract for the purchase 

of such watertube boilers is 

entered into on or before the 

date on which the Secretary 

of Energy certifies to the 

Secretary of Homeland Security that one or more manufacturers are capable of producing such watertube boilers 

in the United States .............. Free No change No change On or before 

12/31/2020 ’’. 

9 (b) REACTOR VESSEL HEADS AND PRESSURIZERS.— 

10 Heading 9902.84.03 of the Harmonized Tariff Schedule 

11 of the United States is amended to read as follows: 

‘‘ 9902.84.03 Reactor vessel heads and 

pressurizers for nuclear reactors (provided for in subheading 8401.40.00), entered 

after 12/31/2008 and on or 

before 12/31/2020, if the contract for the purchase of such 

heads and pressurizers is entered into on or before the 

date on which the Secretary 

of Energy certifies to the 

Secretary of Homeland Security that one or more manufacturers are capable of producing such heads and pressurizers in the United States Free No change No change On or before 

12/31/2020 ’’. 

12 (c) EFFECTIVE DATE.— 

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1 (1) IN GENERAL.—The amendments made by 

2 subsections (a) and (b) apply to articles entered, or 

3 withdrawn from warehouse for consumption, on or 

4 after the date that is 15 days after the date of the 

5 enactment of this Act. 

6 (2) RETROACTIVE APPLICATION.—Notwith7 standing section 514 of the Tariff Act of 1930 (19 

8 U.S.C. 1504) or any other provision of law, upon 

9 proper request filed with U.S. Customs and Border 

10 Protection not later than the date that is 90 days 

11 after the date of the enactment of this Act, any 

12 entry of an article described in heading 9902.84.02 

13 or 9902.84.03 of the Harmonized Tariff Schedule of 

14 the United States (as amended by this section) that 

15 was made— 

16 (A) on or after January 1, 2009, and 

17 (B) before the date that is 15 days after 

18 the date of the enactment of this Act, 

19 shall be liquidated or reliquidated as though the 

20 amendments made by this section applied to the 

21 entry. 

22 (3) PROPER REQUESTS.—For purposes of para23 graph (2), a proper request means a request for liq24 uidation or reliquidation that contains sufficient inmstockstill on DSKH9S0YB1PROD with BILLS

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1 formation to enable U.S. Customs and Border Pro2 tection— 

3 (A) to locate the entry; or 

4 (B) to reconstruct the entry if the entry 

5 cannot be located. 

6 (4) ENTRY DEFINED.—In this subsection, the 

7 term ‘‘entry’’ includes a withdrawal from warehouse 

8 for consumption. 

9 Subtitle D—Tax Provisions 

10 SEC. 241. SPECIAL RULES FOR DEPRECIATION PERIOD FOR 

11 NEW NUCLEAR POWER PLANTS. 

12 (a) 5-YEAR RECOVERY PERIOD.— 

13 (1) IN GENERAL.—Subparagraph (B) of section 

14 168(e)(3) of the Internal Revenue Code of 1986 is 

15 amended by striking ‘‘and’’ at the end of clause 

16 (vi)(III), by striking the period at the end of clause 

17 (vii) and inserting ‘‘, and’’, and by inserting after 

18 clause (vii) the following new clause: 

19 ‘‘(viii) any property— 

20 ‘‘(I) which is an advanced nu21 clear power facility (as defined in sec22 tion 45J(d)(1), determined without 

23 regard to subparagraph (B) thereof) 

24 the original use of which commences 

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1 with the taxpayer after the date of the 

2 enactment of this clause, and 

3 ‘‘(II) with respect to which the 

4 taxpayer makes an election under this 

5 subclause.’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 168(e)(3)(E)(vii) of the Internal Revenue Code of 

8 1986 is amended by inserting ‘‘and not described in 

9 subparagraph (B)(viii) of this paragraph’’ after 

10 ‘‘section 1245(a)(3)’’. 

11 (b) SPECIAL RULES FOR PROPERTY FOR WHICH NO

12 ELECTION IS MADE.— 

13 (1) IN GENERAL.—Subsection (i) of section 168 

14 of the Internal Revenue Code of 1986 is amended by 

15 adding at the end the following new paragraph: 

16 ‘‘(20) SPECIAL RULES FOR ADVANCED NU17 CLEAR POWER FACILITIES.— 

18 ‘‘(A) IN GENERAL.—The amount of any 

19 non-electing advanced nuclear power facility 

20 which is required to be included in the cost of 

21 service for ratemaking purposes with respect to 

22 the taxpayer in a year prior to the year such 

23 non-electing nuclear power facility is placed in 

24 service— 

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1 ‘‘(i) shall be treated as a separate tan2 gible asset of the taxpayer for purposes of 

3 this section, and 

4 ‘‘(ii) shall be treated as placed in serv5 ice in the taxable year in which such 

6 amount is required to be included in the 

7 cost of service for ratemaking purposes. 

8 ‘‘(B) REDUCTION IN BASIS.—The basis of 

9 any non-electing advanced nuclear power facil10 ity shall be reduced by any amount to which 

11 subparagraph (A) applies. 

12 ‘‘(C) NON-ELECTING ADVANCED NUCLEAR

13 POWER FACILITY.—For purposes of this para14 graph, the term ‘non-electing advanced nuclear 

15 power facility’ means any property described in 

16 subsection (e)(3)(E)(viii)(I) with respect to 

17 which no election is in effect under subsection 

18 (e)(3)(E)(viii)(II).’’. 

19 (c) EFFECTIVE DATES.— 

20 (1) 5-YEAR RECOVERY PERIOD.—The amend21 ments made by subsection (a) shall apply to prop22 erty placed in service after the date of the enactment 

23 of this Act. 

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1 (2) SPECIAL RULES.—The amendment made by 

2 subsection (b) shall apply to amounts paid or in3 curred after the date of the enactment of this Act. 

4 SEC. 242. INVESTMENT TAX CREDIT FOR NUCLEAR POWER 

5 FACILITIES. 

6 (a) NEW CREDIT FOR NUCLEAR POWER FACILI7 TIES.—Section 46 of the Internal Revenue Code of 1986 

8 is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (5); 

11 (2) by striking the period at the end of para12 graph (6) and inserting ‘‘; and’’; and 

13 (3) by inserting after paragraph (6) the fol14 lowing new paragraph: 

15 ‘‘(7) the nuclear power facility construction 

16 credit.’’. 

17 (b) NUCLEAR POWER FACILITY CONSTRUCTION

18 CREDIT.—Subpart E of part IV of subchapter A of chap19 ter 1 of the Internal Revenue Code of 1986 is amended 

20 by inserting after section 48D the following new section: 

21 ‘‘SEC. 48E. NUCLEAR POWER FACILITY CONSTRUCTION 

22 CREDIT. 

23 ‘‘(a) IN GENERAL.—For purposes of section 46, the 

24 nuclear power facility construction credit for any taxable 

25 year is 10 percent of the qualified nuclear power facility 

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1 expenditures with respect to a qualified nuclear power fa2 cility. 

3 ‘‘(b) WHEN EXPENDITURES TAKEN INTO AC4 COUNT.— 

5 ‘‘(1) IN GENERAL.—Qualified nuclear power fa6 cility expenditures shall be taken into account for 

7 the taxable year in which the qualified nuclear power 

8 facility is placed in service. 

9 ‘‘(2) COORDINATION WITH SUBSECTION (c).— 

10 The amount which would (but for this paragraph) be 

11 taken into account under paragraph (1) with respect 

12 to any qualified nuclear power facility shall be re13 duced (but not below zero) by any amount of quali14 fied nuclear power facility expenditures taken into 

15 account under subsection (c) by the taxpayer or a 

16 predecessor of the taxpayer, to the extent any 

17 amount so taken into account under subsection (c) 

18 has not been required to be recaptured under section 

19 50(a). 

20 ‘‘(c) PROGRESS EXPENDITURES.— 

21 ‘‘(1) IN GENERAL.—A taxpayer may elect to 

22 take into account qualified nuclear power facility ex23 penditures— 

24 ‘‘(A) in the case of a qualified nuclear 

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1 ity, no earlier than the taxable year for which 

2 such expenditures are properly chargeable to 

3 capital account with respect to such facility, 

4 and 

5 ‘‘(B) in the case of a qualified nuclear fa6 cility which is not self-constructed property, no 

7 earlier than the taxable year in which such ex8 penditures are paid. 

9 ‘‘(2) SPECIAL RULES FOR APPLYING PARA10 GRAPH (1).—For purposes of paragraph (1)— 

11 ‘‘(A) COMPONENT PARTS, ETC.—Notwith12 standing that a qualified nuclear power facility 

13 is a self-constructed facility, property described 

14 in paragraph (3)(B) shall be taken into account 

15 in accordance with paragraph (1)(B), and such 

16 amounts shall not be included in determining 

17 qualified nuclear power facility expenditures 

18 under paragraph (1)(A). 

19 ‘‘(B) CERTAIN BORROWING DIS20 REGARDED.—Any amount borrowed directly or 

21 indirectly by the taxpayer on a nonrecourse 

22 basis from the person constructing the facility 

23 for the taxpayer shall not be treated as an 

24 amount expended for such facility. 

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1 ‘‘(C) LIMITATION FOR FACILITIES OR COM2 PONENTS WHICH ARE NOT SELF-CON3 STRUCTED.— 

4 ‘‘(i) IN GENERAL.—In the case of a 

5 facility or a component of a facility which 

6 is not self-constructed, the amount taken 

7 into account under paragraph (1)(B) for 

8 any taxable year shall not exceed the ex9 cess of— 

10 ‘‘(I) the product of the overall 

11 cost to the taxpayer of the facility or 

12 component of a facility, multiplied by 

13 the percentage of completion of the 

14 facility or component of a facility, 

15 over 

16 ‘‘(II) the amount taken into ac17 count under paragraph (1)(B) for all 

18 prior taxable years as to such facility 

19 or component of a facility. 

20 ‘‘(ii) CARRYOVER OF CERTAIN

21 AMOUNTS.—In the case of a facility or 

22 component of a facility which is not self23 constructed, if for the taxable year the 

24 amount which (but for clause (i)) would 

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1 graph (1)(B) exceeds the amount allowed 

2 by clause (i), then the amount of such ex3 cess shall increase the amount taken into 

4 account under paragraph (1)(B) for the 

5 succeeding taxable year without regard to 

6 this paragraph. 

7 ‘‘(D) DETERMINATION OF PERCENTAGE OF

8 COMPLETION.—The determination under sub9 paragraph (C) of the portion of the overall cost 

10 to the taxpayer of the construction which is 

11 properly attributable to construction completed 

12 during any taxable year shall be made on the 

13 basis of engineering or architectural estimates 

14 or on the basis of cost accounting records, 

15 using information available at the close of the 

16 taxable year in which the credit is being 

17 claimed. 

18 ‘‘(E) DETERMINATION OF OVERALL

19 COST.—The determination under subparagraph 

20 (C) of the overall cost to the taxpayer of the 

21 construction of a facility shall be made on the 

22 basis of engineering or architectural estimates 

23 or on the basis of cost accounting records, 

24 using information available at the close of the 

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1 taxable year in which the credit is being 

2 claimed. 

3 ‘‘(F) NO PROGRESS EXPENDITURES FOR

4 PROPERTY FOR YEAR PLACED IN SERVICE, 

5 ETC.—In the case of any qualified nuclear facil6 ity, no qualified nuclear facility expenditures 

7 shall be taken into account under this sub8 section for the earlier of— 

9 ‘‘(i) the taxable year in which the fa10 cility is placed in service, or 

11 ‘‘(ii) the first taxable year for which 

12 recapture is required under section 

13 50(a)(2) with respect to such facility or for 

14 any taxable year thereafter. 

15 ‘‘(3) SELF-CONSTRUCTED.—For purposes of 

16 this subsection— 

17 ‘‘(A) IN GENERAL.—The term ‘self-con18 structed facility’ means any facility if, at the 

19 close of the first taxable year to which the elec20 tion in this subsection applies, it is reasonable 

21 to believe that more than 80 percent of the 

22 qualified nuclear facility expenditures for such 

23 facility will be made directly by the taxpayer. 

24 ‘‘(B) TREATMENT OF COMPONENTS.—A 

25 component of a facility shall be treated as not 

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1 self-constructed if, at the close of the first tax2 able year in which expenditures for the compo3 nent are paid, it is reasonable to believe that 

4 the cost of the component is at least 5 percent 

5 of the expected cost of the facility. 

6 ‘‘(4) ELECTION.—An election shall be made 

7 under this subsection for a qualified nuclear power 

8 facility by claiming the nuclear power facility con9 struction credit for expenditures described in para10 graph (1) on the taxpayer’s return of the tax im11 posed by this chapter for the taxable year. Such an 

12 election shall apply to the taxable year for which 

13 made and all subsequent taxable years. Such an 

14 election, once made, may be revoked only with the 

15 consent of the Secretary. 

16 ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For pur17 poses of this section— 

18 ‘‘(1) QUALIFIED NUCLEAR POWER FACILITY.— 

19 The term ‘qualified nuclear power facility’ means an 

20 advanced nuclear facility (as defined in section 

21 45J(d)(2))— 

22 ‘‘(A) which, when placed in service, will 

23 use nuclear power to produce electricity, 

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1 ‘‘(B) the construction of which is approved 

2 by the Nuclear Regulatory Commission on or 

3 before December 31, 2020, and 

4 ‘‘(C) which is placed in service before Jan5 uary 1, 2030. 

6 Such term shall not include any property which is 

7 part of a facility the production from which is al8 lowed as a credit under section 45 for the taxable 

9 year or any prior taxable year. 

10 ‘‘(2) QUALIFIED NUCLEAR POWER FACILITY

11 EXPENDITURES.— 

12 ‘‘(A) IN GENERAL.—The term ‘qualified 

13 nuclear power facility expenditures’ means any 

14 amount paid, accrued, or properly chargeable to 

15 capital account— 

16 ‘‘(i) with respect to a qualified nuclear 

17 power facility, 

18 ‘‘(ii) for which depreciation will be al19 lowable under section 168 once the facility 

20 is placed in service, and 

21 ‘‘(iii) which is incurred before the 

22 qualified nuclear power facility is placed in 

23 service or in connection with the placement 

24 of such facility in service. 

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1 ‘‘(B) PRE-EFFECTIVE DATE EXPENDI2 TURES.—Qualified nuclear power facility ex3 penditures do not include any expenditures in4 curred by the taxpayer before January 1, 2010, 

5 to the extent that, at the close of the first tax6 able year to which the election in subsection (c) 

7 applies, it is reasonable to believe that such ex8 penditures will constitute more than 20 percent 

9 of the total qualified nuclear power facility ex10 penditures. 

11 ‘‘(3) DELAYS AND SUSPENSION OF CONSTRUC12 TION.— 

13 ‘‘(A) IN GENERAL.—Except for sales or 

14 dispositions between members of the same af15 filiated group, for purposes of applying this sec16 tion and section 50, a nuclear power facility 

17 that is under construction shall cease, with re18 spect to the taxpayer, to be a qualified nuclear 

19 power facility as of the date on which the tax20 payer sells, disposes of, or cancels, abandons, or 

21 otherwise terminates the construction of, the fa22 cility. 

23 ‘‘(B) RESUMPTION OF CONSTRUCTION.—If 

24 a nuclear power facility that is under construc25 tion ceases, with respect to the taxpayer, to be 

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1 a qualified nuclear power facility by reason of 

2 subparagraph (A) and work is subsequently re3 sumed on the construction of such facility, the 

4 qualified nuclear power facility expenditures 

5 shall be determined without regard to any delay 

6 or temporary termination of construction of the 

7 facility. 

8 ‘‘(4) SPECIAL RULE FOR PUBLIC-PRIVATE

9 PARTNERSHIPS.— 

10 ‘‘(A) IN GENERAL.—In the case of an 

11 qualified nuclear power facility which is owned 

12 by a public-private partnership or co-owned by 

13 a qualified public entity and a non-public entity, 

14 any qualified public entity which is a member of 

15 such partnership or a co-owner of such facility 

16 may transfer such entity’s credit under sub17 section (a) to any non-public entity which is a 

18 member of such partnership or which is a co19 owner of such facility, except that the aggregate 

20 credits transferred to such non-public entity 

21 shall be subject to the limitations under sub22 sections (b) and (c) and section 38. 

23 ‘‘(B) QUALIFIED PUBLIC ENTITY.—For 

24 purposes of this subsection, the term ‘qualified 

25 public entity’ means— 

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1 ‘‘(i) a Federal, State, or local govern2 ment entity, or any political subdivision or 

3 agency or instrumentality thereof, 

4 ‘‘(ii) a mutual or cooperative electric 

5 company described in section 501(c)(12) or 

6 section 1381(a)(2), or 

7 ‘‘(iii) a not-for-profit electric utility 

8 which has or had received a loan or loan 

9 guarantee under the Rural Electrification 

10 Act of 1936. 

11 ‘‘(C) VERIFICATION OF TRANSFER OF AL12 LOCATION.—A qualified public entity that 

13 makes a transfer under paragraph (1), and a 

14 nonpublic entity that receives such a transfer, 

15 shall provide verification of such transfer in 

16 such manner and at such time as the Secretary 

17 shall prescribe. 

18 ‘‘(e) APPLICATION OF OTHER RULES.—Rules similar 

19 to the rules of subsections (c)(4) and (d) of section 46 

20 (as in effect on the day before the enactment of the Rev21 enue Reconciliation Act of 1990) shall apply for purposes 

22 of this section to the extent not inconsistent herewith.’’. 

23 (c) PROVISIONS RELATING TO CREDIT RECAP24 TURE.— 

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1 (1) PROGRESS EXPENDITURE RECAPTURE

2 RULES.— 

3 (A) BASIC RULES.—Subparagraph (A) of 

4 section 50(a)(2) of the Internal Revenue Code 

5 of 1986 is amended to read as follows: 

6 ‘‘(A) IN GENERAL.—If during any taxable 

7 year any building to which section 47(d) applied 

8 or any facility to which section 48E(c) applied 

9 ceases (by reason of sale or other disposition, 

10 cancellation or abandonment of contract, or 

11 otherwise) to be, with respect to the taxpayer, 

12 property which, when placed in service, will be 

13 a qualified rehabilitated building or a qualified 

14 nuclear power facility, then the tax under this 

15 chapter for such taxable year shall be increased 

16 by an amount equal to the aggregate decrease 

17 in the credits allowed under section 38 for all 

18 prior taxable years which would have resulted 

19 solely from reducing to zero the credit deter20 mined under this subpart with respect to such 

21 building or facility.’’. 

22 (B) AMENDMENT TO EXCESS CREDIT RE23 CAPTURE RULE.—Subparagraph (B) of section 

24 50(a)(2) of such Code is amended by— 

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1 (i) inserting ‘‘or paragraph (2) of sec2 tion 48E(b)’’ after ‘‘paragraph (2) of sec3 tion 47(b)’’; 

4 (ii) inserting ‘‘or section 48E(b)(1)’’ 

5 after ‘‘section 47(b)(1)’’; and 

6 (iii) inserting ‘‘or facility’’ after 

7 ‘‘building’’. 

8 (C) AMENDMENT OF SALE AND LEASE9 BACK RULE.—Subparagraph (C) of section 

10 50(a)(2) of such Code is amended by inserting 

11 ‘‘or the qualified nuclear power facility expendi12 tures under section 48E(c)’’ after ‘‘47(d)’’. 

13 (D) COORDINATION.—Subparagraph (D) 

14 of section 50(a)(2) of such Code is amended by 

15 inserting ‘‘or 48E(c)’’ after ‘‘section 47(d)’’. 

16 (d) APPLICATION OF AT-RISK RULES.—Subpara17 graph (C) of section 49(a)(1) of the Internal Revenue 

18 Code of 1986 is amended— 

19 (1) by striking ‘‘and’’ at the end of clause (v); 

20 (2) by striking the period at the end of clause 

21 (vi) and inserting ‘‘, and’’; and 

22 (3) by inserting after clause (vi) the following 

23 new clause: 

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1 ‘‘(vii) the basis of any property which 

2 is part of a qualified nuclear power facility 

3 under section 48E.’’. 

4 (e) DENIAL OF DOUBLE BENEFIT.—Subsection (c) 

5 of section 45J of the Internal Revenue Code of 1986 (re6 lating to other limitations) is amended by adding at the 

7 end the following new paragraph: 

8 ‘‘(3) DENIAL OF DOUBLE BENEFIT.—No credit 

9 shall be allowed under this section with respect to 

10 any facility for which a credit is allowed under sec11 tion 48C or 48E for such taxable year or any prior 

12 taxable year.’’. 

13 (f) CLERICAL AMENDMENT.—The table of sections 

14 for subpart E of part IV of subchapter A of chapter 1 

15 of the Internal Revenue Code of 1986 is amended by in16 serting after the item relating to section 48D the following 

17 new item: 

‘‘Sec. 48E. Nuclear power facility construction credit.’’. 

18 (g) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to expenditures incurred and prop20 erty placed in service in taxable years beginning after the 

21 date of enactment of this Act. 

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1 SEC. 243. INCLUSION OF NUCLEAR POWER FACILITIES IN 

2 QUALIFYING ADVANCED ENERGY PROJECT 

3 CREDIT. 

4 (a) IN GENERAL.—Subparagraph (A) of section 

5 48C(c)(1) of the Internal Revenue Code of 1986 is amend6 ed by striking ‘‘or’’ at the end of subclause (VI), by redes7 ignating subclause (VII) as subclause (VIII) and , and by 

8 inserting after subclause (VI) the following new subclause: 

9 ‘‘(VII) property designed to be 

10 used to produce energy from an ad11 vanced nuclear power facility (as de12 fined in section 45J(d)(1), determined 

13 without regard to subparagraph (B) 

14 thereof), or’’. 

15 (b) INCREASE IN CREDIT ALLOCATION LIMITA16 TION.—Subparagraph (B) of section 48C(d)(1) of the In17 ternal Revenue Code of 1986 is amended by striking 

18 ‘‘$2,300,000,000’’ and inserting ‘‘$5,000,000,000’’. 

19 (c) EXTENSION OF APPLICATION PERIOD.—Subpara20 graph (A) of section 48C(d)(2) of the Internal Revenue 

21 Code of 1986 is amended by striking ‘‘2-year period’’ and 

22 inserting ‘‘3-year period’’. 

23 (d) EXTENSION OF PERIOD OF ISSUANCE.—Subpara24 graph (C) of section 48C(d)(2) of the Internal Revenue 

25 Code of 1986 is amended by striking ‘‘3 years’’ and insert26 ing ‘‘5 years’’. 

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1 (e) COORDINATION WITH NUCLEAR POWER FACIL2 ITY CONSTRUCTION CREDIT.—Subsection (e) of section 

3 48C of the Internal Revenue Code of 1986 is amended 

4 by striking ‘‘or 48B’’ and inserting ‘‘48B, or 48D’’. 

5 (f) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to periods beginning after the date 

7 of the enactment of this Act, under rules similar to the 

8 rules of section 48(m) of the Internal Revenue Code of 

9 1986 (as in effect on the day before the date of the enact10 ment of the Revenue Reconciliation Act of 1990). 

11 SEC. 244. MODIFICATION OF CREDIT FOR PRODUCTION 

12 FROM ADVANCED NUCLEAR POWER FACILI13 TIES. 

14 (a) IN GENERAL.— 

15 (1) INCREASE IN NATIONAL LIMITATION.— 

16 Paragraph (2) of section 45J(b) of the Internal Rev17 enue Code (relating to national limitation) is amend18 ed by striking ‘‘6,000 megawatts’’ and inserting 

19 ‘‘8,000 megawatts’’. 

20 (2) EXTENSION OF CREDIT.—Subparagraph 

21 (B) of section 45J(d)(1) of the Internal Revenue 

22 Code of 1986 is amended by striking ‘‘2021’’ and in23 serting ‘‘2031’’. 

24 (b) ALLOCATION OF CREDIT TO PRIVATE PARTNERS

25 OF TAX-EXEMPT ENTITIES.— 

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1 (1) IN GENERAL.—Section 45J of the Internal 

2 Revenue Code of 1986 (relating to credit for produc3 tion from advanced nuclear power facilities) is 

4 amended— 

5 (A) by redesignating subsection (e) as sub6 section (f); and 

7 (B) by inserting after subsection (d) the 

8 following new subsection: 

9 ‘‘(e) SPECIAL RULE FOR PUBLIC-PRIVATE PARTNER10 SHIPS.— 

11 ‘‘(1) IN GENERAL.—In the case of an advanced 

12 nuclear power facility which is owned by a public13 private partnership or co-owned by a qualified public 

14 entity and a non-public entity, any qualified public 

15 entity which is a member of such partnership or a 

16 co-owner of such facility may transfer such entity’s 

17 credit under subsection (a) to any non-public entity 

18 which is a member of such partnership or which is 

19 a co-owner of such facility, except that the aggregate 

20 allocations of such credit claimed by such non-public 

21 entity shall be subject to the limitations under sub22 sections (b) and (c) and section 38. 

23 ‘‘(2) QUALIFIED PUBLIC ENTITY.—For pur24 poses of this subsection, the term ‘qualified public 

25 entity’ means— 

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1 ‘‘(A) a Federal, State, or local government 

2 entity, or any political subdivision or agency or 

3 instrumentality thereof, 

4 ‘‘(B) a mutual or cooperative electric com5 pany described in section 501(c)(12) or section 

6 1381(a)(2), or 

7 ‘‘(C) a not-for-profit electric utility which 

8 has or had received a loan or loan guarantee 

9 under the Rural Electrification Act of 1936. 

10 ‘‘(3) VERIFICATION OF TRANSFER OF ALLOCA11 TION.—A qualified public entity that makes a trans12 fer under paragraph (1), and a nonpublic entity that 

13 receives an allocation under such a transfer, shall 

14 provide verification of such transfer in such manner 

15 and at such time as the Secretary shall prescribe.’’. 

16 (2) COORDINATION WITH GENERAL BUSINESS

17 CREDIT.—Subsection (c) of section 38 of such Code 

18 (relating to limitation based on amount of tax) is 

19 amended by adding at the end the following new 

20 paragraph: 

21 ‘‘(6) SPECIAL RULE FOR CREDIT FOR PRODUC22 TION FROM ADVANCED NUCLEAR POWER FACILI23 TIES.— 

24 ‘‘(A) IN GENERAL.—In the case of the 

25 credit for production from advanced nuclear 

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1 power facilities determined under section 

2 45J(a), paragraph (1) shall not apply with re3 spect to any qualified public entity (as defined 

4 in section 45J(e)(2)) which transfers the enti5 ty’s allocation of such credit to a non-public 

6 partner or a co-owner of such facility as pro7 vided in section 45J(e)(1). 

8 ‘‘(B) VERIFICATION OF TRANSFER.—Sub9 paragraph (A) shall not apply to any qualified 

10 public entity unless such entity provides 

11 verification of a transfer of credit allocation as 

12 required under section 45J(e)(3).’’. 

13 (3) SPECIAL RULE FOR PROCEEDS OF TRANS14 FERS FOR MUTUAL OR COOPERATIVE ELECTRIC

15 COMPANIES.—Section 501(c)(12) of such Code is 

16 amended by adding at the end the following new 

17 subparagraph: 

18 ‘‘(I) In the case of a mutual or cooperative 

19 electric company described in this paragraph or 

20 an organization described in section 1381(a)(2), 

21 income received or accrued from a transfer de22 scribed in section 45J(e)(1) shall be treated as 

23 an amount collected from members for the sole 

24 purpose of meeting losses and expenses.’’. 

25 (c) EFFECTIVE DATE.— 

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1 (1) IN GENERAL.—The amendment made by 

2 subsection (a) shall apply to electricity produced in 

3 taxable years beginning after the date of the enact4 ment of this Act. 

5 (2) ALLOCATION OF CREDIT.—The amend6 ments made by subsection (b) shall apply to taxable 

7 years beginning after the date of the enactment of 

8 this Act. 

9 SEC. 245. NUCLEAR JOB CREATION TAX CREDIT. 

10 (a) IN GENERAL.—Subpart F of part IV subchapter 

11 A of chapter 1 of the Internal Revenue Code of 1986 is 

12 amended by inserting after section 51 the following new 

13 section: 

14 ‘‘SEC. 51A. NUCLEAR JOB CREATION CREDIT. 

15 ‘‘(a) IN GENERAL.—In the case of any employer 

16 which operates a commercial nuclear power plant— 

17 ‘‘(1) a qualified worker shall be treated as a 

18 member of a targeted group, 

19 ‘‘(2) the amount of the credit determined under 

20 section 51 with respect to such qualified worker 

21 shall include— 

22 ‘‘(A) 30 percent of the qualified second23 year wages of qualified workers, 

24 ‘‘(B) 20 percent of the qualified third-year 

25 wages of qualified workers, and 

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1 ‘‘(C) 25 percent of the qualified non-wage 

2 training expenses with respect to such qualified 

3 workers, 

4 ‘‘(3) section 51(b)(3) shall not apply with re5 spect to any qualified worker, 

6 ‘‘(4) section 51(c)(4) shall be applied to quali7 fied workers by substituting ‘December 31, 2030’ 

8 for ‘August 31, 2011’, and 

9 ‘‘(5) section 51(i)(2) shall not apply with re10 spect to any qualified worker. 

11 ‘‘(b) QUALIFIED WORKER.— 

12 ‘‘(1) IN GENERAL.—For purposes of this sec13 tion, the term ‘qualified worker’ means an individual 

14 who meets the requirements of paragraphs (2), (3), 

15 and (4). 

16 ‘‘(2) TRAINING REQUIREMENT.—An individual 

17 meets the requirements of this paragraph if such in18 dividual is— 

19 ‘‘(A) a participant in an apprenticeship 

20 program which is registered with the Depart21 ment of Labor (or, in the case of an apprentice22 ship program in a State not covered by the De23 partment of Labor Apprenticeship Program, 

24 registered with a State apprenticeship agency) 

25 and which is for the training of— 

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1 ‘‘(i) boilermakers, 

2 ‘‘(ii) masons, 

3 ‘‘(iii) ironworkers, 

4 ‘‘(iv) sheet metal workers, 

5 ‘‘(v) electricians, 

6 ‘‘(vi) plumbers or pipelayers, 

7 ‘‘(vii) machinists, 

8 ‘‘(viii) steelworkers, 

9 ‘‘(ix) millwrights, or 

10 ‘‘(x) welders, 

11 ‘‘(B) a participant in a Nuclear Regulatory 

12 Commission accepted accredited program of the 

13 Institute of Nuclear Power Operations’ Na14 tional Academy for Nuclear Training for— 

15 ‘‘(i) power plant operators, 

16 ‘‘(ii) radiation protection technicians, 

17 ‘‘(iii) chemistry technicians, 

18 ‘‘(iv) electrical maintenance techni19 cians, or 

20 ‘‘(v) mechanical maintenance techni21 cians, or 

22 ‘‘(C) receiving training to meet the require23 ments to be a— 

24 ‘‘(i) nondestructive examination tech25 nician, 

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1 ‘‘(ii) radiation protection technician, 

2 ‘‘(iii) nuclear quality assurance techni3 cian, or 

4 ‘‘(iv) nuclear quality control techni5 cian. 

6 ‘‘(3) TRAINING FACILITY REQUIREMENT.—An 

7 individual meets the requirements of this paragraph 

8 if such individual receives training described in sub9 paragraph (A) at a Nuclear Regulatory Commission 

10 compliant facility. 

11 ‘‘(4) ONLY NEW TRAINEES INCLUDED.—An in12 dividual meets the requirements of this paragraph if 

13 the individual first began receiving the training de14 scribed in subparagraph (A) on or after January 1, 

15 2010. 

16 ‘‘(c) QUALIFIED SECOND-YEAR WAGES; QUALIFIED

17 THIRD-YEAR WAGES; QUALIFIED NON-WAGE TRAINING

18 EXPENSES.—For purposes of this section— 

19 ‘‘(1) QUALIFIED SECOND-YEAR WAGES.—The 

20 term ‘qualified second year wages’ means, with re21 spect to any qualified worker, wages paid or in22 curred during the 1-year period beginning on the 

23 first year anniversary of the day on which the indi24 vidual began work for the employer as a qualified 

25 worker. 

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1 ‘‘(2) QUALIFIED THIRD-YEAR WAGES.—The 

2 term ‘qualified third year wages’ means, with respect 

3 to any qualified worker, wages paid or incurred dur4 ing the 1-year period beginning on the second year 

5 anniversary of the day on which the individual began 

6 work for the employer as a qualified worker. 

7 ‘‘(3) QUALIFIED NON-WAGE TRAINING EX8 PENSES.— 

9 ‘‘(A) IN GENERAL.—The term ‘qualified 

10 non-wage training expenses’ means— 

11 ‘‘(i) instructor expenses attributable 

12 to training qualified workers, 

13 ‘‘(ii) travel costs attributable to train14 ing qualified workers, 

15 ‘‘(iii) tuition costs attributable to 

16 training qualified workers, and 

17 ‘‘(iv) equipment and materials attrib18 utable to training qualified workers (other 

19 than equipment and materials included in 

20 products produced for sale or use). 

21 ‘‘(B) SHARED EXPENSES AND COSTS.—In 

22 the case of any expenses or costs attributable to 

23 both qualified workers and others, such ex24 penses and costs shall be apportioned on a rea25 sonable basis. 

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1 ‘‘(d) OTHER DEFINITIONS.—For purposes of this 

2 subsection— 

3 ‘‘(1) COMMERCIAL NUCLEAR POWER PLANT.— 

4 The term ‘commercial nuclear power plant’ means a 

5 facility that uses nuclear energy to produce elec6 tricity for distribution and commercial sale. 

7 ‘‘(2) NUCLEAR REGULATORY COMMISSION COM8 PLIANT FACILITY.—The term ‘Nuclear Regulatory 

9 Commission compliant facility’ means a facility— 

10 ‘‘(A) that has a quality assurance program 

11 compliant with appendix B to part 50 of title 

12 10, Code of Federal Regulations, 

13 ‘‘(B) licensed by the Nuclear Regulatory 

14 Commission under part 40, 50, 52, 70 or 76 of 

15 title 10, Code of Federal Regulations, or 

16 ‘‘(C) that holds a nuclear certificate issued 

17 by the American Society of Mechanical Engi18 neers. 

19 ‘‘(3) TRAINING.—The term ‘training’ includes 

20 classroom training, on-the-job training, self-study, 

21 preparation for licensing or proficiency examinations 

22 and work required to provide the necessary experi23 ence to obtain a license, obtain a certification, or ob24 tain an accreditation to serve in that occupation at 

25 a Nuclear Regulatory Commission compliant facility. 

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1 ‘‘(4) NONDESTRUCTIVE EXAMINATION TECHNI2 CIAN.—The term ‘nondestructive examination tech3 nician’ means an individual qualified to perform 

4 nondestructive examination under the standards of 

5 the American Society for Nondestructive Testing. 

6 ‘‘(5) RADIATION PROTECTION TECHNICIAN.— 

7 The term ‘radiation protection technician’ means an 

8 individual qualified under the American National 

9 Standards Institute standard ANSI 3.1. 

10 ‘‘(6) NUCLEAR QUALITY ASSURANCE TECHNI11 CIAN.—The term ‘nuclear quality assurance techni12 cian’ means an individual qualified for such position 

13 under the American National Standards Institute 

14 standard ANSI 3.1. 

15 ‘‘(7) NUCLEAR QUALITY CONTROL TECHNI16 CIAN.—The term ‘nuclear quality control technician’ 

17 means an individual qualified for such position 

18 under the American National Standards Institute 

19 standard ANSI 3.1. 

20 ‘‘(8) ANSI 3.1.—The term ‘ANSI 3.1’ means 

21 the American National Standards Institute standard 

22 defining the qualifications for those positions set 

23 forth in paragraph (2)(C).’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 for subpart F of part IV subchapter A of chapter 1 of 

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1 the Internal Revenue Code of 1986 is amended by insert2 ing after the item relating to section 51 the following new 

3 item: 

‘‘Sec. 51A. Nuclear job creation credit.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to taxable years beginning after 

6 the date of the enactment of this Act. 

7 Subtitle E—United States Used 

8 Nuclear Fuel 

9 SEC. 251. UNITED STATES USED NUCLEAR FUEL. 

10 The Atomic Energy Act of 1954 (42 U.S.C. 2011 et 

11 seq.) is amended by adding at the end the following: 

12 ‘‘TITLE III—UNITED STATES 

13 USED FUEL MANAGEMENT PLAN 

14 ‘‘SEC. 3001. PURPOSES. 

15 ‘‘The purposes of this title are— 

16 ‘‘(1) to manage the commercial used nuclear 

17 fuel enterprise, waste forms, or any other generated 

18 material that is stored temporally above or below 

19 ground, or stored permanently in an underground 

20 geological repository; 

21 ‘‘(2) to continue responsibility for the activities, 

22 obligations, and resources of the Federal Govern23 ment with respect to used nuclear fuel management, 

24 including the duties and powers of— 

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1 ‘‘(A) the Secretary, with respect to the Nu2 clear Waste Fund; 

3 ‘‘(B) the Office of Civilian Radioactive 

4 Waste Management, established under section 

5 304(a) of the Nuclear Waste Policy Act of 1982 

6 (42 U.S.C. 10224(a)); and 

7 ‘‘(C) the Energy Policy Act of 1992 (42 

8 U.S.C. 13201 et seq.), with respect to advanced 

9 reactors; 

10 ‘‘(3) to ensure in the United States— 

11 ‘‘(A) the common defense and security; 

12 ‘‘(B) the enforcement of laws and policies 

13 concerning nonproliferation of atomic weapons 

14 and other nonpeaceful uses of atomic energy; 

15 and 

16 ‘‘(C) the world leadership in solutions with 

17 used nuclear fuel treatment and reuse; 

18 ‘‘(4) to advance the technologies and facilities 

19 of the United States to recycle used nuclear fuel into 

20 useable reactor fuel in a manner that would— 

21 ‘‘(A) reduce high-level radioactive waste 

22 volume in the United States; 

23 ‘‘(B) reduce the long-term radiotoxicity of 

24 high-level radioactive waste in the United 

25 States; 

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1 ‘‘(C) increase sustainability of the nuclear 

2 fuel cycle; and 

3 ‘‘(D) provide for the safe, secure disposal 

4 of nuclear materials; 

5 ‘‘(5) to sustain and expand the role of nuclear 

6 energy in meeting the requirements of the United 

7 States for clean, safe, reliable, and affordable en8 ergy; and 

9 ‘‘(6) to carry out other activities to advance the 

10 purposes described in this section. 

11 ‘‘SEC. 3002. DEFINITIONS. 

12 ‘‘In this title: 

13 ‘‘(1) AGREEMENT.—The term ‘agreement’ 

14 means a used fuel storage facility agreement entered 

15 into under section 3012(a). 

16 ‘‘(2) COUNCIL.—The term ‘Council’ means the 

17 Generation IV Nuclear Recycling Council established 

18 under section 3043(c)(3)(A). 

19 ‘‘(3) COMMISSION.—The term ‘Commission’ 

20 means the Nuclear Regulatory Commission. 

21 ‘‘(4) DECOMMISSIONING; DECONTAMINATION.— 

22 The terms ‘decommissioning’ and ‘decontamination’, 

23 with respect to an activity, include any activity other 

24 than a response action or corrective action carried 

25 out to decontaminate or decommission a facility for 

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1 spent nuclear fuel management that has residual ra2 dioactive or mixed radioactive and hazardous chem3 ical contamination (including depleted tailings). 

4 ‘‘(5) DEMONSTRATION.—The term ‘Demonstra5 tion’ means the Next Generation Reactor System es6 tablished under section 3041(a). 

7 ‘‘(6) DEPARTMENT.—The term ‘Department’ 

8 means the Department of Energy. 

9 ‘‘(7) FIRST USED FUEL RECEIPT.—The term 

10 ‘first used fuel receipt’ means a receipt of used fuel 

11 by a used fuel storage facility at a site that is lo12 cated within the jurisdiction of a unit of local gov13 ernment that is a party to an agreement. 

14 ‘‘(8) FISSION PRODUCT.—The term ‘fission 

15 product’ means each atomic element that is pro16 duced when atoms fission into fragments (which is 

17 considered waste for geological disposal). 

18 ‘‘(9) HEAT GENERATION.—The term ‘heat gen19 eration’ means the quantity of heat that is generated 

20 from material containing radioactive material. 

21 ‘‘(10) HIGH-LEVEL RADIOACTIVE WASTE.— 

22 ‘‘(A) IN GENERAL.—The term ‘high-level 

23 radioactive waste’ means— 

24 ‘‘(i) highly radioactive material result25 ing from the recycling of spent nuclear fuel 

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1 and any other material from that waste 

2 that contains fission products or 

3 transuranics (above 10,000 nCi/l) in suffi4 cient concentrations; 

5 ‘‘(ii) other highly radioactive material 

6 that the Chairman of the Commission, con7 sistent with each applicable Federal law 

8 (including regulations), determines by rule 

9 to require permanent isolation; and 

10 ‘‘(iii) uranium fuel that has been used 

11 in a water-cooled nuclear power reactor 

12 and is— 

13 ‘‘(I) spent or used (including fuel 

14 that is thermally hot, as well as highly 

15 radioactive, and requires remote han16 dling and shielding); or 

17 ‘‘(II) no longer efficient in gener18 ating power to the reactor to produce 

19 electricity. 

20 ‘‘(B) EXCLUSION.—The term ‘high-level 

21 radioactive waste’ does not include waste inci22 dental to recycling. 

23 ‘‘(11) INSTITUTION OF HIGHER EDUCATION.— 

24 The term ‘institution of higher education’ has the 

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1 meaning given the term in section 101(a) of the 

2 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

3 ‘‘(12) NATIONAL LABORATORY.—The term ‘Na4 tional Laboratory’ has the meaning given the term 

5 in section 2 of the Energy Policy Act of 2005 (42 

6 U.S.C. 15801). 

7 ‘‘(13) WASTE INCIDENTAL TO RECYCLING.— 

8 ‘‘(A) IN GENERAL.—The term ‘waste inci9 dental to recycling’ means waste material re10 sulting from the recycling of spent nuclear fuel, 

11 including liquid waste produced directly in recy12 cling, and any solid material derived from the 

13 liquid waste, that contains fission products to 

14 be classified as high-level radioactive waste. 

15 ‘‘(B) DETERMINATION OF HIGH-LEVEL RA16 DIOACTIVE WASTE.—For purposes of this defi17 nition, liquid waste described in subparagraph 

18 (A) shall not be considered to be highly radio19 active or of sufficient concentration if the liquid 

20 waste— 

21 ‘‘(i) has been processed to remove key 

22 radionuclides to the maximum extent that 

23 is technically and economically practicable; 

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1 ‘‘(ii)(I) meets Class C concentrations 

2 under part 61 of title 10, Code of Federal 

3 Regulations (or successor regulations); or 

4 ‘‘(II) will meet the performance objec5 tives described in subpart C of part 61 of 

6 title 10, Code of Federal Regulations (or 

7 successor regulations), if disposed of in a 

8 near-surface disposal site based on a site 

9 specific performance assessment; and 

10 ‘‘(iii) is resistant to the release of 

11 radionuclides. 

12 ‘‘(14) NUCLEAR WASTE FUND.—The term ‘Nu13 clear Waste Fund’ means the Nuclear Waste Fund 

14 established under section 302 of the Nuclear Waste 

15 Policy Act of 1982 (42 U.S.C. 10222). 

16 ‘‘(15) REGION.—The term ‘region’ means a 

17 geographical area of the United States— 

18 ‘‘(A) that is defined by the borders of 1 or 

19 more States; and 

20 ‘‘(B) the adjustment of which is subject to 

21 the agreement of each State that is included in 

22 the geographical area. 

23 ‘‘(16) SECRETARY.—The term ‘Secretary’ 

24 means the Secretary of Energy. 

25 ‘‘(17) TRANSURANIC.— 

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1 ‘‘(A) IN GENERAL.—The term ‘trans2 uranic’, as used with respect to an element, 

3 means that the element has an atomic number 

4 that is greater than that of uranium. 

5 ‘‘(B) INCLUSIONS.—The term ‘trans6 uranic’, as used with respect to an element, in7 cludes elements such as— 

8 ‘‘(i) neptunium; 

9 ‘‘(ii) plutonium; 

10 ‘‘(iii) americium; and 

11 ‘‘(iv) curium. 

12 ‘‘(18) UNIT OF LOCAL GOVERNMENT.—The 

13 term ‘unit of local government’ means any borough, 

14 city, county, parish, town, township, village, or other 

15 general purpose political subdivision of a State, or 

16 association of 2 or more political subdivisions of a 

17 State. 

18 ‘‘(19) USED FUEL.—The term ‘used fuel’ 

19 means uranium dioxide fuel that has been— 

20 ‘‘(A) placed in a nuclear power reactor for 

21 power operation; and 

22 ‘‘(B) subsequent to the event described in 

23 subparagraph (A), removed from the nuclear 

24 power reactor described in that subparagraph. 

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1 ‘‘(20) WEAPONS MATERIAL.—The term ‘weap2 ons material’ means highly enriched uranium and 

3 plutonium that is derived from— 

4 ‘‘(A) a nuclear weapon; or 

5 ‘‘(B) material derived from the process of 

6 manufacturing a nuclear weapon. 

7 ‘‘Subtitle A—Regional Storage Sites 

8 ‘‘SEC. 3011. ESTABLISHMENT OF REGIONAL STORAGE 

9 SITES. 

10 ‘‘To establish 1 or more regional storage sites, the 

11 Secretary may carry out the activities and obligations, and 

12 use the resources, of the Federal Government with respect 

13 to used nuclear fuel management, including the duties and 

14 powers of— 

15 ‘‘(1) the Secretary relating to nuclear waste; 

16 ‘‘(2) the Office of Civilian Radioactive Waste 

17 Management, established under section 304(a) of 

18 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

19 10224(a)); and 

20 ‘‘(3) the Secretary to purchase, lease, or other21 wise access facilities and property useful for used 

22 nuclear fuel management purposes, including prop23 erty and facilities of the Department necessary for 

24 storage, processing, or fuel fabrication involving ma25 terials containing plutonium. 

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1 ‘‘SEC. 3012. INCENTIVES FOR SITING OF USED FUEL STOR2 AGE FACILITIES. 

3 ‘‘(a) AUTHORIZATION.—The Secretary shall offer to 

4 enter into used fuel storage facility agreements in accord5 ance with this section. 

6 ‘‘(b) NOTICE FROM UNITS OF LOCAL GOVERNMENT

7 TO SECRETARY.—Not later than 300 days after the date 

8 of enactment of this section, representatives of a unit of 

9 local government, or an entity that holds title to private 

10 land located within the jurisdiction of the unit of local gov11 ernment, may submit to the Secretary written notice that 

12 the unit of local government is willing to have a used fuel 

13 interim storage facility located at an identified site within 

14 the jurisdiction of the units of local government. 

15 ‘‘(c) PRELIMINARY COMPENSATION.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall— 

17 ‘‘(A) make payments of $5,000,000 each 

18 year to not more than 10 units of local govern19 ment that have submitted notices under sub20 section (b); and 

21 ‘‘(B) make payments of $10,000,000 each 

22 year to a unit of local government described in 

23 subparagraph (A) if the site located within the 

24 jurisdiction of the unit of local government con25 tains used nuclear fuel as of the date on which 

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1 the notice of the unit of local government is 

2 submitted. 

3 ‘‘(2) MULTIPLE NOTICES.—If more than 10 no4 tices are received under subsection (b), the Secretary 

5 shall make payments to the first 10 units of local 

6 government, based on the order in which the notices 

7 are received. 

8 ‘‘(3) TIMING.—The payments shall be made an9 nually for a 3-year period, with the first payment to 

10 be made on the anniversary date of the filing of the 

11 notice under subsection (b), and subsequent pay12 ments to be made annually on the date on which the 

13 used fuel is placed on the site. 

14 ‘‘(d) AGREEMENT.— 

15 ‘‘(1) IN GENERAL.—On the docketing of an ap16 plication for a license for an interim used fuel stor17 age facility at a site within the jurisdiction of a unit 

18 of local government by the Chairman of the Com19 mission, the Secretary shall offer to enter into an in20 terim used fuel storage facility economic impact 

21 agreement with the unit of local government to in22 clude prospective used fuel treatment and recycling 

23 facilities. 

24 ‘‘(2) TERMS AND CONDITIONS.—An agreement 

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1 ment under this subsection shall contain such terms 

2 and conditions (including such financial and institu3 tional arrangements) as the Secretary and the unit 

4 of local government determine to be reasonable and 

5 appropriate. 

6 ‘‘(3) AMENDMENT.—An agreement may be— 

7 ‘‘(A) amended only with the mutual con8 sent of the parties to the agreement; and 

9 ‘‘(B) terminated only in accordance with 

10 paragraph (4). 

11 ‘‘(4) TERMINATION.—The Secretary shall ter12 minate an agreement if the Secretary determines 

13 that any major element of the used fuel treatment 

14 or interim storage facility required under the agree15 ment will not be completed by the date that is 5 

16 years after the date on which the agreement was en17 tered into. 

18 ‘‘(5) NUMBER OF AGREEMENTS.—Not more 

19 than 10 agreements may be in effect at any time. 

20 ‘‘(6) PAYMENT SCHEDULE.— 

21 ‘‘(A) IN GENERAL.—If the Secretary en22 ters into an agreement under this subsection, 

23 the Secretary shall make to the unit of local 

24 government and the State in which the unit of 

25 local government is located— 

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1 ‘‘(i) payments of— 

2 ‘‘(I) on the date of entering into 

3 the agreement under this subsection, 

4 $10,000,000; and 

5 ‘‘(II) during the period beginning 

6 on the date of entering into an agree7 ment and ending on the date of first 

8 used fuel receipt or denial of the li9 cense application for an interim used 

10 fuel storage facility by the Chairman 

11 of the Commission, whichever is later, 

12 $20,000,000 for each year; and 

13 ‘‘(ii) a payment of $20,000,000 on 

14 closure of the facility. 

15 ‘‘(B) TIMING OF ANNUAL PAYMENTS.—In 

16 the case of annual payments described in sub17 paragraph (A)(i)(II), the Secretary shall make 

18 annual payments on the anniversary of the date 

19 of the docketing of the license application by 

20 the Chairman of the Commission. 

21 ‘‘(C) TERMINATION OF AUTHORITY.—Sub22 ject to subparagraph (A)(ii), the authority to 

23 make payments under this paragraph termi24 nates on the date of closure of the facility. 

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1 ‘‘SEC. 3013. ACCEPTANCE, STORAGE, AND SETTLEMENT OF 

2 CLAIMS. 

3 ‘‘(a) IN GENERAL.—The Secretary shall offer to 

4 enter into a long-term contract for the interim storage of 

5 used fuel from civilian nuclear power plants with a private 

6 entity that owns or operates 1 or more facilities licensed 

7 by the Commission that is located within the jurisdiction 

8 of a unit of local government to which payments are made 

9 pursuant to section 3012(d). 

10 ‘‘(b) SETTLEMENT AND ACCEPTANCE OF USED

11 FUEL.— 

12 ‘‘(1) IN GENERAL.—At the request of a party 

13 to a contract under section 302(a) of the Nuclear 

14 Waste Policy Act of 1982 (42 U.S.C. 10222(a)), the 

15 Secretary may enter into an agreement for the set16 tlement of all claims against the Secretary under a 

17 contract for failure to dispose of high-level radio18 active waste or used nuclear fuel not later than Jan19 uary 31, 1998. 

20 ‘‘(2) TERMS AND CONDITIONS.—A settlement 

21 agreement described in paragraph (1)— 

22 ‘‘(A) shall contain such terms and condi23 tions (including such financial and institutional 

24 arrangements) as the Secretary and the party 

25 to the contract determine to be reasonable and 

26 appropriate; and 

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1 ‘‘(B) may include the acceptance of used 

2 fuel from the party to the contract for storage 

3 at a facility with respect to which the Secretary 

4 has a long-term contract under paragraph (1). 

5 ‘‘(c) EFFECT OF ACCEPTANCE.—Acceptance of used 

6 fuel by the Secretary under subsection (b) shall constitute 

7 transfer of title to the Secretary. 

8 ‘‘(d) PRIORITY FOR ACCEPTANCE FOR CLOSED FA9 CILITIES.—If a request for fuel acceptance is made under 

10 subsection (b) by a facility that has produced used nuclear 

11 fuel and that is shut down permanently and the facility 

12 has been decommissioned, the Secretary shall provide pri13 ority for the acceptance of the fuel produced by the facil14 ity. 

15 ‘‘SEC. 3014. WASTE CONFIDENCE. 

16 ‘‘For purposes of a determination by the Chairman 

17 of the Commission on whether to grant, amend, or renew 

18 any license under the Atomic Energy Act of 1954 (42 

19 U.S.C. 2011 et seq.), the obligation of the Secretary to 

20 develop a repository in accordance with the Nuclear Waste 

21 Policy Act of 1982 (42 U.S.C. 10101 et seq.) shall provide 

22 sufficient and independent grounds for any further find23 ings by the Commission of reasonable assurances that 

24 used nuclear fuel and high-level radioactive waste would 

25 be disposed of safely and in a timely manner. 

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1 ‘‘Subtitle B—Integrated Plan for 

2 Used Fuel Treatment, Recycling, 

3 and Next-generation Reactor 

4 Development 

5 ‘‘SEC. 3021. STATEMENT OF POLICY. 

6 ‘‘It is the policy of the United States to recycle used 

7 nuclear fuel— 

8 ‘‘(1) to advance energy independence; 

9 ‘‘(2) to maximize the energy potential of nu10 clear fuel in a proliferation-resistant manner; and 

11 ‘‘(3) to reduce the volume and toxicity of high12 level radioactive waste dedicated to a permanent 

13 Federal repository. 

14 ‘‘SEC. 3022. ESTABLISHMENT OF PARTNERSHIPS. 

15 ‘‘(a) AUTHORITY OF SECRETARY.—The Secretary 

16 shall offer to enter into partnerships with members of pri17 vate industry. 

18 ‘‘(b) REQUIREMENTS.—In carrying out subsection 

19 (a), the Secretary shall— 

20 ‘‘(1) establish demonstration projects; and 

21 ‘‘(2) coordinate research and development to 

22 advance the policy described in section 3021. 

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1 ‘‘Subtitle C—Used Fuel Treatment 

2 and Recycling 

3 ‘‘SEC. 3031. USED FUEL TREATMENT AND RECYCLING CEN4 TERS. 

5 ‘‘(a) IN GENERAL.—The Secretary shall designate 

6 commercial used fuel treatment and recycling centers for 

7 licensing and operation at 1 or more sites described in sec8 tion 3012(d)(1). 

9 ‘‘(b) PURPOSES.—The Secretary shall carry out sub10 section (a)— 

11 ‘‘(1) to reduce high-level radioactive waste vol12 ume in the United States; 

13 ‘‘(2) to reduce the long-term radiotoxicity of 

14 high-level radioactive waste in the United States; 

15 ‘‘(3) to demonstrate and develop technologies 

16 that would increase the sustainability of the nuclear 

17 fuel cycle; 

18 ‘‘(4) to research, develop, and demonstrate ad19 vanced data monitoring and measurement tech20 niques for materials accountability; and 

21 ‘‘(5) to demonstrate scalable proliferation-re22 sistant systems for the treatment and recycling of 

23 used fuel. 

24 ‘‘(c) PUBLIC-PRIVATE COOPERATIVE AGREEMENTS; 

25 CONTRACTS.— 

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1 ‘‘(1) COOPERATIVE AGREEMENTS.—In carrying 

2 out this section, the Secretary may offer to enter 

3 into 1 or more public-private cooperative agree4 ments. 

5 ‘‘(2) CONTRACTS.—The Secretary shall use 

6 amounts transferred from the Nuclear Waste Fund, 

7 and such other amounts as are appropriated to carry 

8 out this section, to offer to enter into and carry out 

9 1 or more long-term contracts with private sector 

10 entities for the treatment and recycling of used nu11 clear fuel. 

12 ‘‘(3) COMPETITIVE SELECTION.—Cooperative 

13 agreements and contracts shall be awarded on the 

14 basis of a competitive bidding process that is carried 

15 out— 

16 ‘‘(A) to maximize the competitive efficiency 

17 and use of private capital for the projects fund18 ed; 

19 ‘‘(B) to best serve the mission of the De20 partment to reduce high-level radioactive waste 

21 volume and radiotoxicity; 

22 ‘‘(C) to maximize the viability of recycled 

23 materials for use in commercially available reac24 tors; and 

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1 ‘‘(D) to ensure sufficient protection 

2 against the proliferation of nuclear materials 

3 that could be used to manufacture nuclear 

4 weapons. 

5 ‘‘(d) REQUIREMENTS.—In carrying out this section, 

6 the Secretary shall— 

7 ‘‘(1) consider the various technologies available 

8 for the treatment and recycling of used fuel that do 

9 not separate pure plutonium; 

10 ‘‘(2) ensure the use of scalable, proliferation-re11 sistant systems; 

12 ‘‘(3) ensure the completion of detailed engineer13 ing and cost estimates for the project; 

14 ‘‘(4) prepare a plan for the colocated interim 

15 storage of high-level radioactive waste; 

16 ‘‘(5) manage the transfer of materials for the 

17 purpose of treatment, recycling, and new fuel fab18 rication; 

19 ‘‘(6) conduct an appropriate safety and environ20 mental analysis; and 

21 ‘‘(7) in accordance with applicable licensing re22 quirements, ensure the disposal of low-level radio23 active waste and transuranic waste. 

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1 ‘‘SEC. 3032. PRICE-ANDERSON COVERAGE. 

2 ‘‘Section 170 shall apply to any used nuclear fuel 

3 management facility— 

4 ‘‘(1) owned or operated by, or under contract 

5 with, the Department; 

6 ‘‘(2) licensed under section 53, 63, or 103; and 

7 ‘‘(3) constructed after the date of enactment of 

8 this title. 

9 ‘‘Subtitle D—Demonstration of 

10 Next Generation Reactor System 

11 ‘‘SEC. 3041. NEXT GENERATION REACTOR SYSTEM. 

12 ‘‘(a) ESTABLISHMENT.—As soon as practicable after 

13 the date of enactment of this title, the Secretary shall es14 tablish a demonstration project to be known as the ‘Next 

15 Generation Reactor System’. 

16 ‘‘(b) CONTENT.—The Demonstration shall consist of 

17 the development, design, construction, operation, and sup18 porting research of a prototype reactor plant, building 

19 from the experience of the United States, that— 

20 ‘‘(1) is based on research and development ac21 tivities supported by applicable programs; 

22 ‘‘(2) meets the intent of the Energy Policy Act 

23 of 1992 (42 U.S.C. 13201 et seq.); and 

24 ‘‘(3) shall be used— 

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1 ‘‘(A) to recover contaminated uranium 

2 from a complex under the jurisdiction of the 

3 Department; 

4 ‘‘(B) to demonstrate that— 

5 ‘‘(i) separated transuranics may fuel 

6 nuclear reactors; and 

7 ‘‘(ii) the resulting waste of the process 

8 described in clause (i) is not a significant 

9 long-term geological burden; and 

10 ‘‘(C) to facilitate the use of weapons mate11 rial for initial reactor operation for fuel testing 

12 of transuranics fuel. 

13 ‘‘SEC. 3042. DEMONSTRATION MANAGEMENT. 

14 ‘‘(a) DEPARTMENTAL MANAGEMENT.— 

15 ‘‘(1) IN GENERAL.—The Demonstration shall 

16 be managed by— 

17 ‘‘(A) the Assistant Secretary of the Office 

18 of Nuclear Energy; and 

19 ‘‘(B) the Director of the Office of Civilian 

20 Nuclear Waste. 

21 ‘‘(2) COMBINATION WITH ADVANCED FUEL

22 CYCLE DEMONSTRATION PROGRAM.—The Secretary 

23 may combine the Demonstration with the advanced 

24 fuel recycling technology research, development, and 

25 demonstration program conducted under section 953 

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1 of the Energy Policy Act of 2005 (42 U.S.C. 

2 16273). 

3 ‘‘(3) EXISTING DEPARTMENT DEMONSTRATION

4 MANAGEMENT EXPERTISE.—To track the progress 

5 of the Demonstration, the Secretary may use the ca6 pabilities for review of construction projects for ad7 vanced scientific facilities within any office of the 

8 Department. 

9 ‘‘(b) LABORATORY MANAGEMENT.— 

10 ‘‘(1) LABORATORY SCOPE.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 provide to the National Laboratories specific 

13 scope on the manner by which to ensure the 

14 overall success of the Demonstration. 

15 ‘‘(B) AUTHORITY OF NATIONAL LABORA16 TORIES.— 

17 ‘‘(i) IN GENERAL.—The National 

18 Laboratories may collaborate with— 

19 ‘‘(I) institutions of higher edu20 cation; 

21 ‘‘(II) research institutes; 

22 ‘‘(III) industrial researchers; and 

23 ‘‘(IV) international researchers. 

24 ‘‘(ii) TECHNICAL SUPPORT.—In car25 rying out clause (i), the National Laboramstockstill on DSKH9S0YB1PROD with BILLS

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1 tories shall provide sufficient technical sup2 port for use by the Department in under3 standing any technical or regulatory issues 

4 identified by the Chairman of the Commis5 sion. 

6 ‘‘(2) INDUSTRIAL PARTNERSHIPS.— 

7 ‘‘(A) IN GENERAL.—The Office of Nuclear 

8 Energy shall, through a competitive process, se9 lect 1 or more qualified industrial leaders— 

10 ‘‘(i) to carry out the Demonstration 

11 execution, through other industrial associ12 ates for the development, design, and con13 struction activities; and 

14 ‘‘(ii) to operate facilities under the 

15 Demonstration to recycle used nuclear fuel 

16 on behalf of the Department. 

17 ‘‘(B) COST-SHARING.—Industrial associ18 ates described in subparagraph (A) shall not be 

19 required to pay a non-Federal share during the 

20 initial development of National Laboratory 

21 technology at the engineering scale. 

22 ‘‘(C) PREFERENCE.—Preference in deter23 mining the final structure of the consortium, or 

24 any partnership under this subtitle, shall be 

25 given to a structure that retains United States 

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1 technological leadership in the Demonstration 

2 (including designating as a lead industrial part3 ner an entity incorporated in the United 

4 States). 

5 ‘‘(3) PROTOTYPE PLANT SITING.—It is the in6 tent of Congress that the Demonstration and associ7 ated support should be sited at a National Labora8 tory. 

9 ‘‘(4) REACTOR TEST CAPABILITIES.—The Dem10 onstration shall use, if appropriate, reactor test ca11 pabilities at the National Laboratories (or inter12 national laboratories) to validate the use of any pro13 duced transuranics fuel. 

14 ‘‘(5) OTHER LABORATORY CAPABILITIES.—The 

15 Demonstration may use, if appropriate, facilities at 

16 any National Laboratory. 

17 ‘‘SEC. 3043. DEMONSTRATION ORGANIZATION. 

18 ‘‘(a) MAJOR DEMONSTRATION ELEMENTS.—The 

19 Demonstration shall consist of the following major pro20 gram elements: 

21 ‘‘(1) A Generation IV System, as identified by 

22 the Generation IV International Forum. 

23 ‘‘(2) Transuranics nuclear fuel development, 

24 characterization, and qualification. 

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1 ‘‘(3) Weapons materials disposition options in 

2 Generation IV Systems, as identified under para3 graph (1). 

4 ‘‘(b) DEMONSTRATION PHASES.— 

5 ‘‘(1) IN GENERAL.—The Demonstration shall 

6 be conducted in each phase described in paragraphs 

7 (2) and (3). 

8 ‘‘(2) FIRST DEMONSTRATION PHASE.—A first 

9 Demonstration phase shall be conducted— 

10 ‘‘(A) to validate appropriate technology 

11 components under subsection (a)(1); 

12 ‘‘(B) to submit a license to the Chairman 

13 of the Commission under subsection (a)(1); 

14 ‘‘(C) to perform appropriate validation re15 search by the National Laboratories under sub16 section (a); and 

17 ‘‘(D) to carry out initial design activities 

18 for the fabrication of prototype nuclear fuel de19 rived from weapons grade plutonium and stud20 ies under subsection (a)(3). 

21 ‘‘(3) SECOND DEMONSTRATION PHASE.—A sec22 ond Demonstration phase shall be conducted— 

23 ‘‘(A) to build a prototype nuclear reactor 

24 and plant, including development of design 

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1 methods and safety analytical methods and 

2 studies; 

3 ‘‘(B) to continue appropriate activities 

4 under paragraphs (1) through (3) of subsection 

5 (a); 

6 ‘‘(C) to develop, through a competitive 

7 process, a final design for the prototype nuclear 

8 reactor and plant based on a Generation IV 

9 System identified under subsection (a)(1); 

10 ‘‘(D) to support license application activi11 ties relating to the construction and operation 

12 of the prototype nuclear reactor; and 

13 ‘‘(E) to construct and start up operations 

14 of the prototype nuclear reactor and fuel testing 

15 while demonstrating electricity production. 

16 ‘‘(c) DEMONSTRATION REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

18 that the Demonstration is structured in a manner to 

19 maximize the technical interchange and transfer of 

20 technologies and ideas into the Demonstration from 

21 other sources of relevant expertise, including— 

22 ‘‘(A) the nuclear power industry (including 

23 nuclear powerplant construction firms), particu24 larly with respect to issues associated with 

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1 plant design, construction, and operational and 

2 safety issues; 

3 ‘‘(B) the nuclear fuel fabrication industry, 

4 particularly with respect to issues relating to— 

5 ‘‘(i) the separation of transuranics 

6 from used nuclear fuel; and 

7 ‘‘(ii) the integration of technologies 

8 developed by the Demonstration into fuel 

9 fabrication; and 

10 ‘‘(C) international efforts in areas relating 

11 to the Demonstration, particularly with respect 

12 to transuranics fuel performance. 

13 ‘‘(2) INTERNATIONAL COLLABORATION.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 seek international cooperation, participation, 

16 and financial contributions for the Demonstra17 tion. 

18 ‘‘(B) ASSISTANCE FROM INTERNATIONAL

19 PARTNERS.—The Secretary may offer to enter 

20 into contracts for assistance with specialists or 

21 facilities from member countries of the Genera22 tion IV International Forum, the Russian Fed23 eration, or other international partners if the 

24 specialists or facilities provide access to— 

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1 ‘‘(i) cost-effective and relevant skills; 

2 or 

3 ‘‘(ii) test capabilities. 

4 ‘‘(C) PARTNER COUNTRIES.—The Dem5 onstration may involve support of selected dem6 onstration objectives in a partner country. 

7 ‘‘(D) GENERATION IV INTERNATIONAL

8 FORUM.—The Secretary shall ensure that inter9 national activities of the Demonstration are co10 ordinated with the Generation IV International 

11 Forum. 

12 ‘‘(E) TERMS.—The Secretary shall ensure 

13 that the terms and conditions with respect to 

14 international cooperation provided under this 

15 paragraph do not delay the domestic portion of 

16 the Demonstration. 

17 ‘‘(3) GENERATION IV NUCLEAR RECYCLING

18 COUNCIL.— 

19 ‘‘(A) IN GENERAL.—As soon as practicable 

20 after the date of enactment of this title, the 

21 Secretary shall establish a council to be known 

22 as the ‘Generation IV Nuclear Recycling Coun23 cil’. 

24 ‘‘(B) MEMBERSHIP.—The Secretary shall 

25 appoint individuals to serve as members of the 

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1 Council based on the expertise of the individ2 uals— 

3 ‘‘(i) as technologists, manufacturers, 

4 or plant operators; or 

5 ‘‘(ii) in other appropriate fields de6 scribed in paragraph (1). 

7 ‘‘(C) RESPONSIBILITIES.—The Council 

8 shall— 

9 ‘‘(i) serve in an advisory capacity to 

10 the Secretary regarding Generation IV 

11 System matters submitted by the Secretary 

12 to the Council; 

13 ‘‘(ii) on an ongoing basis, review all— 

14 ‘‘(I) program plans for the Dem15 onstration; and 

16 ‘‘(II) progress under the Dem17 onstration; and 

18 ‘‘(iii) to the maximum extent prac19 ticable, ensure that important scientific, 

20 technical, safety, and program manage21 ment issues receive attention— 

22 ‘‘(I) in the Demonstration; and 

23 ‘‘(II) by the Secretary. 

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1 ‘‘(D) FEDERAL ADVISORY COMMITTEE

2 ACT.—The Council shall be subject to the Fed3 eral Advisory Committee Act (5 U.S.C. App.). 

4 ‘‘(E) INITIAL REVIEW.—Not later than 

5 180 days after the date of enactment of this 

6 title, the Council shall— 

7 ‘‘(i) review existing program plans for 

8 the Demonstration; 

9 ‘‘(ii) address any recommendations of 

10 the documents not incorporated in pro11 gram plans for the Demonstration; and 

12 ‘‘(iii) in accordance with the document 

13 entitled ‘Department of Energy O 413.3A 

14 Change 1 Demonstration Management for 

15 the Acquisition of Capital Assets’ and 

16 dated 2006, review existing program plans 

17 for the Demonstration to determine wheth18 er the Demonstration management direc19 tion for the Demonstration acquisition of 

20 capital assets are fully capable of meeting 

21 mission performance, safeguards and secu22 rity, and environmental, safety, and health 

23 standards for accomplishing CD–1 through 

24 CD–4). 

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1 ‘‘(F) FIRST DEMONSTRATION PHASE RE2 VIEW.—On a determination by the Secretary 

3 that the appropriate activities under the first 

4 phase of the Demonstration under subsection 

5 (b)(2) are nearly complete, the Secretary shall 

6 submit to the Council a request— 

7 ‘‘(i) to conduct a comprehensive re8 view of the Demonstration; and 

9 ‘‘(ii) on completion of the comprehen10 sive review described in clause (i), to sub11 mit to the Secretary a report that contains 

12 a description of the recommendation of the 

13 Council regarding whether the Demonstra14 tion is ready to proceed to the second 

15 phase of the Demonstration under sub16 section (b)(3). 

17 ‘‘(G) REPORT.—Not later than 60 days 

18 after the date on which the Secretary receives 

19 a report from the Council under subparagraph 

20 (F)(ii), the Secretary shall submit to the appro21 priate committees of Congress— 

22 ‘‘(i) a copy of the report; and 

23 ‘‘(ii) a document that contains a de24 scription of any additional view of the Secmstockstill on DSKH9S0YB1PROD with BILLS

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1 retary that the Secretary may consider to 

2 be appropriate. 

3 ‘‘Subtitle E—Nuclear Regulatory 

4 Commission 

5 ‘‘SEC. 3051. NUCLEAR REGULATORY COMMISSION. 

6 ‘‘In accordance with section 202 of the Energy Reor7 ganization Act of 1974 (42 U.S.C. 5842), the Chairman 

8 of the Commission shall have licensing and regulatory au9 thority for any reactor authorized under this title. 

10 ‘‘SEC. 3052. LICENSING STRATEGY. 

11 ‘‘Not later than 2 years after the date of enactment 

12 of this title, the Secretary, acting through the selected in13 dustry leader, shall submit to the Chairman of the Com14 mission a license application for a prototype nuclear reac15 tor, including— 

16 ‘‘(1) a design control document in which cur17 rent licensing requirements relating to light-water 

18 reactors are used as a guide for the Demonstration; 

19 ‘‘(2) a description of analytical tools that the 

20 Chairman of the Commission may use from the Na21 tional Laboratories independently to verify designs 

22 and performance characteristics of components, 

23 equipment, systems, or structures associated with 

24 the prototype nuclear reactor; 

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1 ‘‘(3) a description of each research and develop2 ment activity that may be required to answer ques3 tions posed by the Chairman of the Commission to 

4 review a license application for the prototype nuclear 

5 reactor; and 

6 ‘‘(4) an estimate of the budgetary requirements 

7 associated with the completion of the licensing activ8 ity. 

9 ‘‘SEC. 3053. ONGOING INTERACTION. 

10 ‘‘In carrying out the Demonstration, the Secretary 

11 shall seek the active participation of the Chairman of the 

12 Commission— 

13 ‘‘(1) to avoid design decisions that would— 

14 ‘‘(A) compromise adequate safety margins 

15 in the design of a prototype nuclear reactor; or 

16 ‘‘(B) impair the accessibility of nuclear 

17 safety-related components of the prototype nu18 clear reactor for inspection and maintenance; 

19 ‘‘(2) to develop tools to facilitate the inspection 

20 and maintenance of the prototype nuclear reactor 

21 that are necessary for safety purposes; and 

22 ‘‘(3) to develop risk-based criteria for any fu23 ture commercial development of a similar reactor ar24 chitecture. 

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1 ‘‘SEC. 3054. DEMONSTRATION TIMELINES. 

2 ‘‘(a) TARGET DATE TO COMPLETE THE FIRST DEM3 ONSTRATION PHASE.—Not later than September 30, 

4 2012, the Secretary shall— 

5 ‘‘(1) designate commercial used fuel treatment 

6 and recycling centers for licensing and operation at 

7 1 or more sites identified in 1 or more agreements; 

8 ‘‘(2) select the industrial and National Labora9 tory Demonstration leaders to be used by the Dem10 onstration for— 

11 ‘‘(A) delivery of the licensing document; 

12 ‘‘(B) the required detailed design; and 

13 ‘‘(C) the required analysis; and 

14 ‘‘(3) submit to the appropriate committees of 

15 Congress a report that contains a determination 

16 of— 

17 ‘‘(A) whether any international collabo18 rator has agreed to provide funding; and 

19 ‘‘(B) if 1 or more international collabo20 rators have agreed provide funding, the scope 

21 and obligations of commitment of the inter22 national collaborators. 

23 ‘‘(b) DESIGN COMPETITION FOR SECOND DEM24 ONSTRATION PHASE.— 

25 ‘‘(1) IN GENERAL.—The Secretary, acting 

26 through the industrial and National Laboratory 

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1 Demonstration leaders, shall provide for the detailed 

2 design and licensing activities for the final design of 

3 a prototype nuclear reactor. 

4 ‘‘(2) SYSTEMS INTEGRATION.—The Secretary 

5 may structure Demonstration activities in the second 

6 Demonstration phase to use the lead industrial part7 ner to integrate the contributions of any inter8 national contributors described in subsection (a)(3) 

9 in a systems integration role for final design and 

10 construction of the Demonstration. 

11 ‘‘(c) TARGET DATE TO COMPLETE DEMONSTRATION

12 CONSTRUCTION.—Not later than September 30, 2019, the 

13 Secretary shall— 

14 ‘‘(1) complete construction and begin operations 

15 of a prototype for transuranics fuel testing and asso16 ciated energy production; or 

17 ‘‘(2) submit to the appropriate committees of 

18 Congress a report that establishes an alternative 

19 date for completion. 

20 ‘‘SEC. 3055. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘There are authorized to be appropriated to the Sec22 retary for research and construction activities under this 

23 title— 

24 ‘‘(1) $750,000,000 for the period of fiscal years 

25 2012 through 2016; and 

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1 ‘‘(2) such sums as are necessary for each of fis2 cal years 2017 through 2020.’’. 

3 TITLE III—ELECTRIC VEHICLE 

4 INFRASTRUCTURE 

5 SEC. 301. INCREASE IN CREDIT LIMITATION ON NUMBER 

6 OF NEW QUALIFIED PLUG-IN ELECTRIC VEHI7 CLES. 

8 (a) IN GENERAL.—Paragraph (2) of section 30D(e) 

9 of the Internal Revenue Code of 1986 is amended by strik10 ing ‘‘200,000’’ and inserting ‘‘300,000’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 this section shall take effect on the date of the enactment 

13 of this Act. 

14 SEC. 302. MODIFICATIONS TO CREDIT FOR ALTERNATIVE 

15 FUEL VEHICLE REFUELING PROPERTY. 

16 (a) EXTENSION OF INCREASED CREDIT FOR ELEC17 TRICITY.— 

18 (1) IN GENERAL.—Paragraph (6) of section 

19 30C(e) of the Internal Revenue Code of 1986 is 

20 amended— 

21 (A) by striking ‘‘DURING 2009 AND 2010’’ in 

22 the heading and inserting ‘‘DURING CERTAIN

23 TAXABLE YEARS’’, 

24 (B) by striking ‘‘and before January 1, 

25 2011’’, 

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1 (C) by inserting ‘‘, which is placed in serv2 ice before January 1, 2011 (before January 1, 

3 2020, in the case of property which relates to 

4 electricity)’’ after ‘‘hydrogen’’ in subparagraph 

5 (A), and 

6 (D) by inserting ‘‘, which is placed in serv7 ice before January 1, 2011’’ after ‘‘hydrogen’’ 

8 in subparagraph (B). 

9 (2) EXTENSION OF CREDIT.—Subsection (g) of 

10 section 30C of such Code is amended— 

11 (A) by striking ‘‘and’’ at the end of para12 graph (1), 

13 (B) by redesignating paragraph (2) as 

14 paragraph (3), and 

15 (C) by inserting after paragraph (1) the 

16 following new paragraph: 

17 ‘‘(2) in the case of property relating to elec18 tricity, after December 31, 2019, and’’. 

19 (b) QUALIFIED PROPERTY INCLUDES STRUCTURAL

20 COMPONENTS OF A BUILDING USED FOR ELECTRICAL

21 RECHARGING.—Subsection (c) of section 179A of the In22 ternal Revenue Code of 1986 is amended by adding at the 

23 end the following new flush sentence: 

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1 ‘‘In the case of property described in paragraph (3)(B), 

2 the preceding sentence shall be applied without regard to 

3 the phrase ‘and its structural components’.’’. 

4 (c) TRANSFERABILITY OF CREDIT.—Section 30C(e) 

5 of the Internal Revenue Code of 1986, as amended by 

6 paragraph (2), is amended by adding at the end the fol7 lowing new paragraph: 

8 ‘‘(8) TRANSFERABILITY OF CREDIT.— 

9 ‘‘(A) IN GENERAL.—A person who places 

10 any qualified alternative fuel vehicle refueling 

11 property in service may transfer the credit 

12 under this section through an assignment to 

13 any other person. Such transfer may be revoked 

14 only with the consent of the Secretary. 

15 ‘‘(B) CERTIFICATION.—A transferee of a 

16 credit described in subparagraph (A) may not 

17 claim such credit unless such claim is accom18 panied by a certification to the Secretary that 

19 the transferee reduced the price the transferor 

20 paid for the qualified alternative fuel vehicle re21 fueling property by the entire amount of such 

22 credit. 

23 ‘‘(C) REGULATIONS.—The Secretary shall 

24 prescribe such regulations as necessary to en25 sure that the credit transferred under subparamstockstill on DSKH9S0YB1PROD with BILLS

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1 graph (A) is claimed once and not reassigned 

2 by such other person.’’. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to property placed in service after 

5 the date of the enactment of this Act. 

6 SEC. 303. VEHICLE TECHNOLOGY AND RECHARGING INFRA7 STRUCTURE. 

8 Section 131 of the Energy Independence and Security 

9 Act of 2007 (42 U.S.C. 17011) is amended by adding at 

10 the end the following: 

11 ‘‘(e) MARKET ASSESSMENT AND RECHARGING IN12 FRASTRUCTURE STUDY.— 

13 ‘‘(1) DEFINITIONS.—In this subsection: 

14 ‘‘(A) LOCAL GOVERNMENT.— 

15 ‘‘(i) IN GENERAL.—The term ‘local 

16 government’ has the meaning given the 

17 term in section 3371 of title 5, United 

18 States Code. 

19 ‘‘(ii) INCLUSIONS.—The term ‘local 

20 government’ includes entities described in 

21 sections 7 and 8 of the Alaska Native 

22 Claims Settlement Act (43 U.S.C. 1606, 

23 1607). 

24 ‘‘(B) RANGE EXTENSION INFRASTRUC25 TURE.—The term ‘range extension infrastrucmstockstill on DSKH9S0YB1PROD with BILLS

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1 ture’ includes equipment, products, or services 

2 for recharging plug-in electric vehicles that— 

3 ‘‘(i) are available to retail consumers 

4 of electric drive vehicles on a nonexclusive 

5 basis, including payment interoperability 

6 with other systems; and 

7 ‘‘(ii) provide for extending driving 

8 range through battery exchange or rapid 

9 recharging. 

10 ‘‘(C) STATE.—The term ‘State’ has the 

11 meaning given the term in section 3371 of title 

12 5, United States Code. 

13 ‘‘(2) STUDY.—The Secretary, in consultation 

14 with the Administrator, and the Secretary of Trans15 portation, shall carry out a program to analyze and 

16 assess— 

17 ‘‘(A) the number and distribution of re18 charging facilities, including range extension in19 frastructure, that will be required for drivers of 

20 plug-in electric drive vehicles and neighborhood 

21 electric vehicles to reliably recharge those elec22 tric drive vehicles to meet the average needs of 

23 the drivers; 

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1 ‘‘(B) minimum technical standards for 

2 public recharging facilities necessary for wide3 spread deployment; 

4 ‘‘(C) the technical and infrastructure in5 vestments that electric utilities and electricity 

6 providers will be required to make to support 

7 widespread deployment of recharging infra8 structure, including an estimate of the invest9 ments; 

10 ‘‘(D) existing electric drive transportation 

11 technologies and the state of markets for the 

12 purchase of those technologies; 

13 ‘‘(E) methods of removing market barriers 

14 for existing and emerging applications of elec15 tric drive transportation technologies; 

16 ‘‘(F) the potential value to the electric grid 

17 of using the energy stored in on-board storage 

18 systems to improve the efficiency and reliability 

19 of the grid generation system; and 

20 ‘‘(G) the implications of the introduction of 

21 plug-in electric drive vehicles and other types of 

22 electric transportation on the production of 

23 electricity from renewable resources. 

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1 ‘‘(3) COMPONENTS.—In conducting the study, 

2 the Secretary shall analyze and make recommenda3 tions on— 

4 ‘‘(A) the variety and density of recharging 

5 infrastructure options necessary to power plug6 in electric drive vehicles under diverse scenarios, 

7 including— 

8 ‘‘(i) the ratio of residential, commer9 cial, and public recharging infrastructure 

10 options necessary to support 10 percent-, 

11 20 percent-, and 50 percent-penetration of 

12 plug-in electric vehicles on a city fleet 

13 basis; 

14 ‘‘(ii) the ratio of residential, commer15 cial, and public recharging infrastructure 

16 options necessary to support 10 percent-, 

17 20 percent-, and 50 percent-penetration of 

18 plug-in electric vehicles on a regional fleet 

19 basis; 

20 ‘‘(iii) the ratio of residential, commer21 cial, and public recharging infrastructure 

22 options necessary to support 10 percent-, 

23 20 percent-, and 50 percent-penetration of 

24 plug-in electric vehicles on a national fleet 

25 basis; and 

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1 ‘‘(iv) the potential impact of fast 

2 charging on market penetration rates for 

3 electric drive vehicles and the effects on 

4 electric utilities; 

5 ‘‘(B) the effects on market penetration of 

6 reserved parking spots with access to re7 charging facilities; 

8 ‘‘(C) model codes (including building 

9 codes) that need to be updated or otherwise 

10 modified to enable widespread deployment of re11 charging facilities; and 

12 ‘‘(D) such other issues as the Secretary 

13 considers to be appropriate. 

14 ‘‘(4) REPORT.—Not later than 1 year after the 

15 date of enactment of this subsection, the Secretary 

16 shall submit to the Committee on Energy and Nat17 ural Resources of the Senate and the Committee on 

18 Energy and Commerce of the House of Representa19 tives a report on the results of the study conducted 

20 under this subsection, including recommendations. 

21 ‘‘(f) FINANCIAL SUPPORT.— 

22 ‘‘(1) IN GENERAL.—Not later than 18 months 

23 after the date of enactment of this subsection, the 

24 Secretary shall establish a program to support the 

25 deployment and integration of plug-in electric drive 

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1 vehicles in multiple regions of the United States 

2 through the provision of financial support to State 

3 and local governments and other entities to assist in 

4 the installation of recharging facilities for electric 

5 drive vehicles. 

6 ‘‘(2) FINANCIAL ASSISTANCE.—In carrying out 

7 the program, the Secretary may provide financial as8 sistance described in paragraph (7) to promote the 

9 goals described in paragraph (4). 

10 ‘‘(3) REGIONS.—The Secretary shall select re11 gions for financial assistance under this subsection 

12 based on applications for the assistance received 

13 under paragraph (7), taking into consideration the 

14 findings of the study conducted under subsection (e). 

15 ‘‘(4) GOALS.—The goals of the program estab16 lished under this subsection shall be— 

17 ‘‘(A) to demonstrate the viability of a vehi18 cle-based transportation system that reduces— 

19 ‘‘(i) the use of petroleum as a fuel; 

20 and 

21 ‘‘(ii) the emissions of greenhouse 

22 gases and other pollutants compared to a 

23 system based on conventional transpor24 tation fuels; 

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1 ‘‘(B) to facilitate the integration of ad2 vanced vehicle technologies into electricity dis3 tribution areas to improve system performance 

4 and reliability; 

5 ‘‘(C) to demonstrate the potential benefits 

6 of coordinated investments in vehicle electrifica7 tion on personal mobility and a regional grid; 

8 ‘‘(D) to demonstrate protocols and stand9 ards that facilitate vehicle integration into the 

10 grid; and 

11 ‘‘(E) to investigate differences in each re12 gion and regulatory environment regarding best 

13 practices in implementing vehicle electrification. 

14 ‘‘(5) USE OF FUNDS.—Subject to paragraph 

15 (6), the Secretary may provide financial assistance 

16 to any applicant that applies for, and receives the 

17 approval of the Secretary, under paragraph (7)— 

18 ‘‘(A) to assist persons located in a region 

19 (including fleet owners) in the purchase of new 

20 plug-in electric drive vehicles by reducing the 

21 incremental cost of the vehicles above the cost 

22 of comparable conventionally fueled vehicles; 

23 ‘‘(B) to support the use of plug-in electric 

24 drive vehicles by funding projects for the de25 ployment of— 

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1 ‘‘(i) recharging infrastructure for 

2 plug-in electric drive vehicles (including 

3 range extension infrastructure); 

4 ‘‘(ii) smart grid equipment and infra5 structure to facilitate the charging and in6 tegration of plug-in electric drive vehicles; 

7 or 

8 ‘‘(iii) the purchase of advanced bat9 teries for use in plug-in electric drive vehi10 cles; or 

11 ‘‘(C) to carry out such other projects as 

12 the Secretary determines are appropriate to 

13 support the large-scale deployment of plug-in 

14 electric drive vehicles in regional deployment 

15 areas. 

16 ‘‘(6) COST SHARE.—The Secretary shall carry 

17 out the programs established under this subsection 

18 in accordance with section 988 of the Energy Policy 

19 Act of 2005 (42 U.S.C. 16352). 

20 ‘‘(7) FINANCIAL SUPPORT.— 

21 ‘‘(A) IN GENERAL.—The Secretary may— 

22 ‘‘(i) provide grants to States and local 

23 governments for demonstration and com24 mercial application of recharging infra25 structure in accordance with paragraph (8) 

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1 in accordance with section 988 of the En2 ergy Policy Act of 2005 (42 U.S.C. 

3 16352); and 

4 ‘‘(ii) consult with the Administrator of 

5 the Clean Energy Deployment Administra6 tion to further the goals of this section. 

7 ‘‘(B) APPLICATIONS.— 

8 ‘‘(i) IN GENERAL.—An applicant that 

9 seeks to receive financial assistance under 

10 this subsection shall submit to the Sec11 retary an application at such time, in such 

12 manner, and containing such information 

13 as the Secretary determines are necessary 

14 through rulemaking. 

15 ‘‘(ii) JOINT SPONSORSHIP.—An appli16 cation may be jointly sponsored by electric 

17 utilities, automobile manufacturers, tech18 nology providers, car-sharing companies or 

19 organizations, or other persons or entities. 

20 ‘‘(C) REQUIREMENTS.—The design ele21 ments and requirements of the program estab22 lished under this subsection shall include— 

23 ‘‘(i) an evaluation of the financial 

24 mechanisms that will most effectively pro25 mote the purposes of this section; 

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1 ‘‘(ii) criteria for evaluating applica2 tions submitted under this paragraph, tak3 ing into consideration the findings of the 

4 study conducted under subsection (e) (in5 cluding the anticipated ability to promote 

6 deployment and market penetration of 

7 plug-in electric drive vehicles that are less 

8 dependent on petroleum as a fuel source); 

9 ‘‘(iii) reporting requirements for enti10 ties that receive financial assistance under 

11 this subsection, including a comprehensive 

12 set of performance data that reflect the re13 sults of the program; and 

14 ‘‘(iv) provisions that no proprietary 

15 information, trade secret, or other con16 fidential information is required to be dis17 closed. 

18 ‘‘(8) GRANTS TO STATES AND LOCAL GOVERN19 MENTS FOR RECHARGING INFRASTRUCTURE.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 establish a program under which the Secretary 

22 shall provide grants and other financial support 

23 to States and local governments to assist in the 

24 installation of recharging infrastructure for 

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1 plug-in electric drive vehicles in areas under the 

2 jurisdiction of the States or local governments. 

3 ‘‘(B) ELIGIBILITY.—To be eligible to ob4 tain a grant or other financial support under 

5 this subsection, a State or local government 

6 shall— 

7 ‘‘(i) demonstrate to the Secretary that 

8 the applicant has taken into consideration 

9 the findings of the report submitted under 

10 subsection (e), unless the State or local 

11 government demonstrates to the Secretary 

12 that an alternative variety and density of 

13 recharging infrastructure options would 

14 better meet the purposes of this section; 

15 and 

16 ‘‘(ii) agree not to charge a premium 

17 for use of a parking space used to recharge 

18 an electric drive vehicle other than a 

19 charge for electric energy. 

20 ‘‘(C) GUIDELINES.—The Secretary shall 

21 establish guidelines for carrying out this sub22 section that are consistent with the report sub23 mitted under subsection (e). 

24 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 

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1 retary such sums as are necessary to carry out this 

2 subsection, to remain available until expended. 

3 ‘‘(g) INFORMATION CLEARINGHOUSE.—As part of 

4 the program established under this section, the Secretary 

5 shall collect and make available to the public information 

6 regarding the cost, performance, and other technical data 

7 regarding the deployment and integration of plug-in hy8 brid electric drive vehicles. 

9 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as are nec11 essary to carry out this subsections (e) and (g).’’. 

12 TITLE IV—RENEWABLE ENERGY 

13 SEC. 401. EXTENSION OF ENERGY CREDIT. 

14 (a) SOLAR ENERGY PROPERTY.—Paragraphs 

15 (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal 

16 Revenue Code of 1986 are each amended by striking 

17 ‘‘January 1, 2017’’ and inserting ‘‘January 1, 2020’’. 

18 (b) FUEL CELL PROPERTY.—Subparagraph (E) of 

19 section 48(c)(1) of the Internal Revenue Code of 1986 is 

20 amended by striking ‘‘December 31, 2016’’ and inserting 

21 ‘‘December 31, 2019’’. 

22 (c) MICROTURBINE PROPERTY.—Subparagraph (E) 

23 of section 48(c)(2) of the Internal Revenue Code of 1986 

24 is amended by striking ‘‘December 31, 2016’’ and insert25 ing ‘‘December 31, 2019’’. 

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1 (d) COMBINED HEAT AND POWER SYSTEMS PROP2 ERTY.—Clause (iv) of section 48(c)(3)(A) of the Internal 

3 Revenue Code of 1986 is amended by striking ‘‘January 

4 1, 2017’’ and inserting ‘‘January 1, 2020’’. 

5 (e) QUALIFIED SMALL WIND ENERGY PROPERTY.— 

6 Subparagraph (C) of section 48(c)(4) of the Internal Rev7 enue Code of 1986 is amended by striking ‘‘January 1, 

8 2017’’ and inserting ‘‘January 1, 2020’’. 

9 (f) ELECTION FOR QUALIFIED INVESTMENT CREDIT

10 FACILITIES.—Subparagraph (C) of section 48(a)(5) of the 

11 Internal Revenue Code of 1986 is amended to read as fol12 lows: 

13 ‘‘(C) QUALIFIED INVESTMENT CREDIT FA14 CILITY.—For purposes of this paragraph, the 

15 term ‘qualified investment credit facility’ means 

16 any facility (within the meaning of section 45) 

17 described in paragraph (1), (2), (3), (4), (6), 

18 (7), (9), or (11) of section 45(d) if— 

19 ‘‘(i) no credit has been allowed under 

20 section 45 with respect to such facility, 

21 ‘‘(ii) the taxpayer makes an irrev22 ocable election to have this paragraph 

23 apply to such facility, and 

24 ‘‘(iii) such facility is placed in service 

25 after 2008 and before 2020.’’. 

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1 (g) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the date of the enactment 

3 of this Act. 

4 SEC. 402. EXTENSION OF RENEWABLE ENERGY PRODUC5 TION CREDIT. 

6 (a) WIND AND REFINED COAL FACILITIES.—Para7 graphs (1) and (8) of section 45(d) of the Internal Rev8 enue Code of 1986 are each amended by striking ‘‘Janu9 ary 1, 2010’’ and inserting ‘‘January 1, 2020’’. 

10 (b) MARINE AND HYDROKINETIC RENEWABLE EN11 ERGY FACILITIES.—Subparagraph (B) of section 

12 45(d)(11) of such Code is amended by striking ‘‘January 

13 1, 2014’’ and inserting ‘‘January 1, 2020’’. 

14 (c) OTHER FACILITIES.—Each of the following provi15 sions of section 45(d) of such Code is amended by striking 

16 ‘‘January 1, 2011’’ and inserting ‘‘January 1, 2020’’: 

17 (1) Clauses (i) and (ii) of paragraph (2)(A). 

18 (2) Clauses (i)(I) and (ii) of paragraph (3)(A). 

19 (3) Paragraph (4). 

20 (4) Paragraph (5). 

21 (5) Paragraph (6). 

22 (6) Paragraph (7). 

23 (7) Subparagraphs (A) and (B) of paragraph 

24 (9). 

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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to property placed in service after 

3 the date of the enactment of this Act. 

4 TITLE V—FUNDING 

5 SEC. 501. TRANSFER OF STIMULUS FUNDS. 

6 Notwithstanding section 5 of the American Recovery 

7 and Reinvestment Act of 2009, from the amounts appro8 priated or made available and remaining unobligated 

9 under division A of such Act (other than under title X 

10 of such division A), the Director of the Office of Manage11 ment and Budget shall transfer from time to time to the 

12 general fund of the Treasury an amount equal to the sum 

13 of the net increase in spending and the net decrease in 

14 revenues resulting from the enactment of this Act (other 

15 than this section). 

Æ 

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