I 
110TH CONGRESS 
2D SESSION 
H. R. 7086 
To help our Nation meet our growing energy needs and strengthen our 
energy security through the development of nuclear power in the United 
States. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2008 
Mr. BARRETT of South Carolina (for himself, Mr. BROWN of South Carolina, 
Mr. WILSON of South Carolina, and Mr. INGLIS of South Carolina) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce, and in addition to the Committees on Ways and Means, 
Rules, and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To help our Nation meet our growing energy needs and 
strengthen our energy security through the development 
of nuclear power in the United States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pathway to Nuclear Power Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
TITLE I—NUCLEAR ENERGY 
Sec. 101. Incentives for innovative technologies. 
Sec. 102. Standby support for certain nuclear plant delays. 
Sec. 103. Authorization for Nuclear Power 2010 Program. 
Sec. 104. Domestic manufacturing base for nuclear components and equipment. 
Sec. 105. Nuclear energy workforce. 
Sec. 106. Licensing of new nuclear power plants. 
Sec. 107. Investment tax credit for investments in nuclear power facilities. 
Sec. 108. 5-year accelerated depreciation for new nuclear power facilities. 
Sec. 109. Modification of credit for production from advanced nuclear power fa-
cilities. 
Sec. 110. Joint Congressional Committee on Nuclear Energy. 
Sec. 111. Confidence in availability of waste disposal. 
TITLE II—NUCLEAR WASTE 
Sec. 201. Short title. 
Sec. 202. United States High Level Nuclear Waste Management Corporation. 
Sec. 203. Termination of Office of Civilian Radioactive Waste Management. 
Sec. 204. Funding. 
Sec. 205. New plant contracts. 
TITLE I—NUCLEAR ENERGY 
SEC. 101. INCENTIVES FOR INNOVATIVE TECHNOLOGIES. 
(a) 
DEFINITION
OF
PROJECT
COST.—Section 
1701(1) of the Energy Policy Act of 2005 (42 U.S.C. 
16511(1)) is amended by inserting a new paragraph (4) 
and renumbering the paragraphs accordingly: 
‘‘(4) PROJECT COST.—The term ‘project cost’ 
means all costs associated with the development, 
planning, design, engineering, permitting and licens-
ing, construction, commissioning, start-up, shake-
down and financing of the facility, including but not 
limited to reasonable escalation and contingencies, 
the cost of and fees for the guarantee, reasonably re-
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quired reserve funds, initial working capital and in-
terest during construction.’’. 
(b) TERMS AND CONDITIONS.—Section 1702 of the 
Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
by striking subsection (b) and inserting the following: 
‘‘(b) SPECIFIC
APPROPRIATION
OR
CONTRIBU-
TION.— 
‘‘(1) IN
GENERAL.—No guarantee shall be 
made unless— 
‘‘(A) an appropriation for the cost has 
been made; or 
‘‘(B) the Secretary has received from the 
borrower a payment in full for the cost of the 
obligation and deposited the payment into the 
Treasury; or 
‘‘(C) a combination of (A) and (B) has 
been made, that when combined is sufficient to 
cover the cost of the obligation. 
‘‘(2) RELATION TO OTHER LAWS.—Section 504 
(b) of the Federal Credit Reform Act of 1990 (2 
U.S.C. 661c (b)) shall not apply to a loan guarantee 
made in accordance with paragraph (1)(B).’’. 
(c) AMOUNT.—Section 1702 of the Energy Policy Act 
of 2005 (42 U.S.C. 16512) is amended by striking sub-
section (c) and inserting the following: 
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‘‘(c) AMOUNT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall guarantee 100 percent of the ob-
ligation for a facility that is the subject of the guar-
antee, or a lesser amount if requested by the bor-
rower. 
‘‘(2) LIMITATION.—The total amount of loans 
guaranteed for a facility by the Secretary shall not 
exceed 80 percent of the total cost of the facility, as 
estimated at the time at which the guarantee is 
issued.’’. 
(d) FEES.—Section 1702(h) of the Energy Policy Act 
of 2005 (42 U.S.C. 16512(h)) is amended by striking 
paragraph (2) and inserting the following: 
‘‘(2) AVAILABILITY.—Fees collected under this 
subsection shall— 
‘‘(A) be deposited by the Secretary into a 
special fund in the Treasury to be known as the 
‘Incentives For Innovative Technologies Fund’; 
and 
‘‘(B) remain available to the Secretary for 
expenditure, without further appropriation or 
fiscal year limitation, for administrative ex-
penses incurred in carrying out this title.’’. 
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SEC. 102. STANDBY SUPPORT FOR CERTAIN NUCLEAR 
PLANT DELAYS. 
(a) DEFINITIONS.—Section 638(a) of the Energy 
Policy Act of 2005 (42 U.S.C. 16014(a)) is amended as 
follows: 
(1) By redesignating paragraph (4) as para-
graph (7). 
(2) By inserting the following: 
‘‘(4) FULL POWER OPERATION.—The term ‘full 
power operation’ means whichever occurs first of— 
‘‘(A) the ‘commercial operation date’ or 
the equivalent under the terms of the financing 
documents for such facility; or 
‘‘(B) operation of such facility at an aver-
age of 50 percent or greater of nameplate ca-
pacity over any consecutive 30-day period. 
‘‘(5) INCREASED
PROJECT
COSTS.—The term 
‘increased project costs’ means the increased cost of 
constructing, commissioning, testing, operating or 
maintaining a reactor prior to full-power operation 
incurred as a result of a delay covered by the con-
tract including but not limited to costs of demobili-
zation and remobilization, increased costs of equip-
ment, materials and labor due to delay (including 
idle time), increased general and administrative 
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