to the Secretary or through the North Slope Bor-
ough. 
(3) APPLICATION ASSISTANCE.—The Secretary 
shall work closely with and assist the North Slope 
Borough and other communities eligible for assist-
ance under this section in developing and submitting 
applications for assistance under this section. 
(d) ESTABLISHMENT OF FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury the Coastal Plain Local Government Im-
pact Aid Assistance Fund. 
(2) USE.—Amounts in the fund may be used 
only for providing financial assistance under this 
section. 
(3) DEPOSITS.—Subject to paragraph (4), there 
shall be deposited into the fund amounts received by 
the United States as revenues derived from rents, 
bonuses, and royalties from Federal leases and lease 
sales authorized under this subtitle. 
(4) LIMITATION
ON
DEPOSITS.—The total 
amount in the fund may not exceed $11,000,000. 
(5) INVESTMENT
OF
BALANCES.—The Sec-
retary of the Treasury shall invest amounts in the 
fund in interest bearing government securities. 
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(e) AUTHORIZATION OF APPROPRIATIONS.—To pro-
vide financial assistance under this section there is author-
ized to be appropriated to the Secretary from the Coastal 
Plain Local Government Impact Aid Assistance Fund 
$5,000,000 for each fiscal year. 
Subtitle C—Oil Shale 
SEC. 161. OIL SHALE. 
(a) FINDINGS.—Congress finds that oil shale re-
sources located within the United States— 
(1) total almost 2 trillion barrels of oil in place; 
(2) are a strategically important domestic re-
source that should be developed on an accelerated 
basis to reduce our growing reliance on politically 
and economically unstable sources of foreign oil im-
ports; 
(3) are one of the best resources available for 
advancing American technology and creating Amer-
ican jobs; and 
(4) will be a critically important component of 
the Nation’s transportation fuel sector in particular, 
by providing a secure domestic source of aviation 
fuel for both commercial and military uses. 
(b) ADDITIONAL RESEARCH
AND DEVELOPMENT 
LEASE SALES.—The Secretary of the Interior shall hold 
a lease sale within 180 days after the date of enactment 
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of this Act offering an additional 10 parcels for lease for 
research, development, and demonstration of oil shale re-
sources, under the terms offered in the solicitation of bids 
for such leases published on January 15, 2009 (74 Fed. 
Reg. 10). 
(c) APPLICATION OF REGULATIONS.—The oil shale 
management final rules published by the Department of 
the Interior on November 18, 2008 (73 Fed. Reg. 223), 
shall apply to all commercial leasing for the management 
of federally owned oil shale, and any associated minerals, 
located on Federal lands. 
(d) REDUCED PAYMENTS TO ENSURE PRODUC-
TION.—The Secretary of the Interior may temporarily re-
duce royalties, fees, rentals, bonus, or other payments for 
leases of Federal lands for the development and produc-
tion of oil shale resources as necessary to incentivize and 
encourage development of such resources, if the Secretary 
determines that the royalties, fees, rentals, bonus bids, 
and other payments otherwise authorized by law are hin-
dering production of such resources. 
Subtitle D—Refinery Permit 
Process Schedule 
SEC. 171. SHORT TITLE. 
This subtitle may be cited as the ‘‘Refinery Permit 
Process Schedule Act’’. 
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SEC. 172. DEFINITIONS. 
For purposes of this subtitle— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency; 
(2) the term ‘‘applicant’’ means a person who 
(with the approval of the governor of the State, or 
in the case of Native American tribes or tribal terri-
tories the designated leader of the tribe or tribal 
community, where the proposed refinery would be lo-
cated) is seeking a Federal refinery authorization; 
(3) the term ‘‘biomass’’ has the meaning given 
that term in section 932(a)(1) of the Energy Policy 
Act of 2005; 
(4) the term ‘‘Federal refinery authorization’’— 
(A) means any authorization required 
under Federal law, whether administered by a 
Federal or State administrative agency or offi-
cial, with respect to siting, construction, expan-
sion, or operation of a refinery; and 
(B) includes any permits, licenses, special 
use authorizations, certifications, opinions, or 
other approvals required under Federal law 
with respect to siting, construction, expansion, 
or operation of a refinery; 
(5) the term ‘‘refinery’’ means— 
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(A) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine crude oil by any chemical or physical 
process, including distillation, fluid catalytic 
cracking, hydrocracking, coking, alkylation, 
etherification, polymerization, catalytic reform-
ing, isomerization, hydrotreating, blending, and 
any combination thereof, in order to produce 
gasoline or distillate; 
(B) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine coal by any chemical or physical 
process, including liquefaction, in order to 
produce gasoline or diesel as its primary out-
put; or 
(C) a facility designed and operated to re-
ceive, load, unload, store, transport, process (in-
cluding biochemical, photochemical, and bio-
technology processes), and refine biomass in 
order to produce biofuel; and 
(6) the term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto 
Rico, and any other territory or possession of the 
United States. 
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SEC. 173. STATE ASSISTANCE. 
(a) STATE ASSISTANCE.—At the request of a gov-
ernor of a State, or in the case of Native American tribes 
or tribal territories the designated leader of the tribe or 
tribal community, the Administrator is authorized to pro-
vide financial assistance to that State or tribe or tribal 
community to facilitate the hiring of additional personnel 
to assist the State or tribe or tribal community with exper-
tise in fields relevant to consideration of Federal refinery 
authorizations. 
(b) OTHER ASSISTANCE.—At the request of a gov-
ernor of a State, or in the case of Native American tribes 
or tribal territories the designated leader of the tribe or 
tribal community, a Federal agency responsible for a Fed-
eral refinery authorization shall provide technical, legal, 
or other nonfinancial assistance to that State or tribe or 
tribal community to facilitate its consideration of Federal 
refinery authorizations. 
SEC. 174. REFINERY PROCESS COORDINATION AND PROCE-
DURES. 
(a) APPOINTMENT OF FEDERAL COORDINATOR.— 
(1) IN GENERAL.—The President shall appoint 
a Federal coordinator to perform the responsibilities 
assigned to the Federal coordinator under this sub-
title. 
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acting under delegated Federal authority) with respect to 
any Federal refinery authorization. Such record shall be 
the record for judicial review under subsection (d) of deci-
sions made or actions taken by Federal and State adminis-
trative agencies and officials, except that, if the Court de-
termines that the record does not contain sufficient infor-
mation, the Court may remand the proceeding to the Fed-
eral coordinator for further development of the consoli-
dated record. 
(d) REMEDIES.— 
(1) IN GENERAL.—The United States District 
Court for the district in which the proposed refinery 
is located shall have exclusive jurisdiction over any 
civil action for the review of the failure of an agency 
or official to act on a Federal refinery authorization 
in accordance with the schedule established pursuant 
to the memorandum of agreement. 
(2) STANDING.—If an applicant or a party to 
a memorandum of agreement alleges that a failure 
to act described in paragraph (1) has occurred and 
that such failure to act would jeopardize timely com-
pletion of the entire schedule as established in the 
memorandum of agreement, such applicant or other 
party may bring a cause of action under this sub-
section. 
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(3) COURT ACTION.—If an action is brought 
under paragraph (2), the Court shall review whether 
the parties to the memorandum of agreement have 
been acting in good faith, whether the applicant has 
been cooperating fully with the agencies that are re-
sponsible for issuing a Federal refinery authoriza-
tion, and any other relevant materials in the consoli-
dated record. Taking into consideration those fac-
tors, if the Court finds that a failure to act de-
scribed in paragraph (1) has occurred, and that such 
failure to act would jeopardize timely completion of 
the entire schedule as established in the memo-
randum of agreement, the Court shall establish a 
new schedule that is the most expeditious coordi-
nated schedule possible for completion of pro-
ceedings, consistent with the full substantive and 
procedural review required by Federal law. The 
court may issue orders to enforce any schedule it es-
tablishes under this paragraph. 
(4) FEDERAL COORDINATOR’S ACTION.—When 
any civil action is brought under this subsection, the 
Federal coordinator shall immediately file with the 
Court the consolidated record compiled by the Fed-
eral coordinator pursuant to subsection (c). 
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(5) EXPEDITED REVIEW.—The Court shall set 
any civil action brought under this subsection for ex-
pedited consideration. 
SEC. 175. DESIGNATION OF CLOSED MILITARY BASES. 
(a) DESIGNATION REQUIREMENT.—Not later than 
90 days after the date of enactment of this Act, the Presi-
dent shall designate no less than 3 closed military installa-
tions, or portions thereof, as potentially suitable for the 
construction of a refinery. At least 1 such site shall be 
designated as potentially suitable for construction of a re-
finery to refine biomass in order to produce biofuel. 
(b) REDEVELOPMENT AUTHORITY.—The redevelop-
ment authority for each installation designated under sub-
section (a), in preparing or revising the redevelopment 
plan for the installation, shall consider the feasibility and 
practicability of siting a refinery on the installation. 
(c) MANAGEMENT AND DISPOSAL OF REAL PROP-
ERTY.—The Secretary of Defense, in managing and dis-
posing of real property at an installation designated under 
subsection (a) pursuant to the base closure law applicable 
to the installation, shall give substantial deference to the 
recommendations of the redevelopment authority, as con-
tained in the redevelopment plan for the installation, re-
garding the siting of a refinery on the installation. The 
management and disposal of real property at a closed mili-
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tary installation or portion thereof found to be suitable 
for the siting of a refinery under subsection (a) shall be 
carried out in the manner provided by the base closure 
law applicable to the installation. 
(d) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘base closure law’’ means the De-
fense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101–510; 10 
U.S.C. 2687 note) and title II of the Defense Au-
thorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 
2687 note); and 
(2) the term ‘‘closed military installation’’ 
means a military installation closed or approved for 
closure pursuant to a base closure law. 
SEC. 176. SAVINGS CLAUSE. 
Nothing in this subtitle shall be construed to affect 
the application of any environmental or other law, or to 
prevent any party from bringing a cause of action under 
any environmental or other law, including citizen suits. 
SEC. 177. REFINERY REVITALIZATION REPEAL. 
Subtitle H of title III of the Energy Policy Act of 
2005 and the items relating thereto in the table of con-
tents of such Act are repealed. 
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TITLE II—CONSERVATION AND 
EFFICIENCY 
Subtitle A—Tax Incentives for Fuel 
Efficiency 
SEC. 201. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL 
VEHICLES. 
Paragraph (4) of section 30B(j) of the Internal Rev-
enue Code of 1986 is amended by striking ‘‘December 31, 
2010’’ and inserting ‘‘December 31, 2020’’. 
SEC. 202. EXTENSION OF ALTERNATIVE FUEL VEHICLE RE-
FUELING PROPERTY CREDIT. 
Paragraph (1) of section 30C(g) of the Internal Rev-
enue Code of 1986 is amended— 
(1) by striking ‘‘hydrogen,’’ and inserting ‘‘hy-
drogen or alternative fuels (as defined in section 
30B(e)(4)(B)),’’, and 
(2) by striking ‘‘December 31, 2014’’ and in-
serting ‘‘December 31, 2020’’. 
SEC. 203. EXTENSION OF CREDIT FOR NEW QUALIFIED 
PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES. 
(a) IN GENERAL.—Section 30D of the Internal Rev-
enue Code of 1986 is amended by adding at the end the 
following new subsection: 
‘‘(g) TERMINATION.—This section shall not apply to 
property placed in service after December 31, 2020.’’. 
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(b) REPEAL OF LIMITATION ON NUMBER OF NEW 
QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES 
ELIGIBLE FOR CREDIT.—Section 30D of such Code, as 
amended by subsection (a), is amended by striking sub-
section (e) and redesignating subsections (f) and (g) as 
subsections (e) and (f), respectively. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 1016(a)(37) of such Code is amend-
ed by striking ‘‘section 30D(f)(1)’’ and inserting 
‘‘section 30D(e)(1)’’. 
(2) Section 6501(m) of such Code is amended 
by striking ‘‘section 30D(e)(4)’’ and inserting ‘‘sec-
tion 30D(e)(4)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to vehicles acquired after Decem-
ber 31, 2009. 
Subtitle B—Tapping America’s 
Ingenuity and Creativity 
SEC. 211. DEFINITIONS. 
In this subtitle: 
(1) ADMINISTERING ENTITY.—The term ‘‘ad-
ministering entity’’ means the entity with which the 
Secretary enters into an agreement under section 
214(c). 
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(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 212. STATEMENT OF POLICY. 
It is the policy of the United States to provide incen-
tives to encourage the development and implementation of 
innovative energy technologies and new energy sources 
that will reduce our reliance on foreign energy. 
SEC. 213. PRIZE AUTHORITY. 
(a) IN GENERAL.—The Secretary shall carry out a 
program to competitively award cash prizes in conformity 
with this subtitle to advance the research, development, 
demonstration, and commercial application of innovative 
energy technologies and new energy sources. 
(b) ADVERTISING AND SOLICITATION OF COMPETI-
TORS.— 
(1) ADVERTISING.—The Secretary shall widely 
advertise prize competitions to encourage broad par-
ticipation in the program carried out under sub-
section (a), including individuals, universities, com-
munities, and large and small businesses. 
(2) ANNOUNCEMENT THROUGH FEDERAL REG-
ISTER NOTICE.—The Secretary shall announce each 
prize competition by publishing a notice in the Fed-
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eral Register. This notice shall include essential ele-
ments of the competition such as the subject of the 
competition, the duration of the competition, the eli-
gibility requirements for participation in the com-
petition, the process for participants to register for 
the competition, the amount of the prize, and the 
criteria for awarding the prize. 
(c) ADMINISTERING THE COMPETITION.—The Sec-
retary may enter into an agreement with a private, non-
profit entity to administer the prize competitions, subject 
to the provisions of this subtitle. The administering entity 
shall perform the following functions: 
(1) Advertise the competition and its results. 
(2) Raise funds from private entities and indi-
viduals to pay for administrative costs and cash 
prizes. 
(3) Develop, in consultation with and subject to 
the final approval of the Secretary, criteria to select 
winners based upon the goal of safely and ade-
quately storing nuclear used fuel. 
(4) Determine, in consultation with and subject 
to the final approval of the Secretary, the appro-
priate amount of the awards. 
(5) Protect against the administering entity’s 
unauthorized use or disclosure of a registered par-
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ticipant’s intellectual property, trade secrets, and 
confidential business information. Any information 
properly identified as trade secrets or confidential 
business information that is submitted by a partici-
pant as part of a competitive program under this 
subtitle may be withheld from public disclosure. 
(6) Develop and promulgate sufficient rules to 
define the parameters of designing and proposing in-
novative energy technologies and new energy sources 
with input from industry, citizens, and corporations 
familiar with such activities. 
(d) FUNDING SOURCES.—Prizes under this subtitle 
may consist of Federal appropriated funds, funds provided 
by the administering entity, or funds raised through 
grants or donations. The Secretary may accept funds from 
other Federal agencies for such cash prizes and, notwith-
standing section 3302(b) of title 31, United States Code, 
may use such funds for the cash prize program. Other 
than publication of the names of prize sponsors, the Sec-
retary may not give any special consideration to any pri-
vate sector entity or individual in return for a donation 
to the Secretary or administering entity. 
(e) ANNOUNCEMENT
OF PRIZES.—The Secretary 
may not publish a notice required by subsection (b)(2) 
until all the funds needed to pay out the announced 
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amount of the prize have been appropriated to the Depart-
ment or the Department has received from the admin-
istering entity a written commitment to provide all nec-
essary funds. 
SEC. 214. ELIGIBILITY. 
To be eligible to win a prize under this subtitle, an 
individual or entity— 
(1) shall notify the administering entity of in-
tent to submit ideas and intent to collect the prize 
upon selection; 
(2) shall comply with all the requirements stat-
ed in the Federal Register notice required under sec-
tion 213(b)(2); 
(3) in the case of a private entity, shall be in-
corporated in and maintain a primary place of busi-
ness in the United States, and in the case of an in-
dividual, whether participating singly or in a group, 
shall be a citizen of the United States; 
(4) shall not be a Federal entity, a Federal em-
ployee acting within the scope of his or her employ-
ment, or an employee of a national laboratory acting 
within the scope of employment; 
(5) shall not use Federal funding or other Fed-
eral resources to compete for the prize; and 
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(6) shall not be an entity acting on behalf of 
any foreign government or agent. 
SEC. 215. INTELLECTUAL PROPERTY. 
The Federal Government shall not, by virtue of offer-
ing or awarding a prize under this subtitle, be entitled to 
any intellectual property rights derived as a consequence 
of, or in direct relation to, the participation by a registered 
participant in a competition authorized by this subtitle. 
This section shall not be construed to prevent the Federal 
Government from negotiating a license for the use of intel-
lectual property developed for a prize competition under 
this subtitle. The Federal Government may seek assur-
ances that technologies for which prizes are awarded 
under this subtitle are offered for commercialization in the 
event an award recipient does not take, or is not expected 
to take within a reasonable time, effective steps to achieve 
practical application of the technology. 
SEC. 216. WAIVER OF LIABILITY. 
The Secretary may require registered participants to 
waive claims against the Federal Government and the ad-
ministering entity (except claims for willful misconduct) 
for any injury, death, damage, or loss of property, revenue, 
or profits arising from the registered participants’ partici-
pation in a competition under this subtitle. The Secretary 
shall give notice of any waiver required under this section 
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in the notice required by section 213(b)(2). The Secretary 
may not require a registered participant to waive claims 
against the administering entity arising out of the unau-
thorized use or disclosure by the administering entity of 
the registered participant’s intellectual property, trade se-
crets, or confidential business information. 
SEC. 217. AUTHORIZATION OF APPROPRIATIONS. 
(a) AWARDS.—Forty percent of amounts in the 
American Energy Trust Fund shall be available without 
further appropriation to carry out specified provisions of 
this section. 
(b) TREATMENT
OF AWARDS.—Amounts received 
pursuant to an award under this subtitle may not be taxed 
by any Federal, State, or local authority. 
(c) ADMINISTRATION.—In addition to the amounts 
authorized under subsection (a), there are authorized to 
be appropriated to the Secretary for each of fiscal years 
2009 through 2020 $2,000,000 for the administrative 
costs of carrying out this subtitle. 
(d) CARRYOVER OF FUNDS.—Funds appropriated for 
prize awards under this subtitle shall remain available 
until expended and may be transferred, reprogrammed, or 
expended for other purposes only after the expiration of 
11 fiscal years after the fiscal year for which the funds 
were originally appropriated. No provision in this subtitle 
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permits obligation or payment of funds in violation of sec-
tion 1341 of title 31, United States Code. 
SEC. 218. NEXT GENERATION AUTOMOBILE PRIZE PRO-
GRAM. 
The Secretary of Energy shall establish a program 
to award a prize in the amount of $500,000,000 to the 
first automobile manufacturer incorporated in the United 
States to manufacture and sell in the United States 
50,000 midsized sedan automobiles which operate on gaso-
line and can travel 100 miles per gallon. 
SEC. 219. ADVANCED BATTERY MANUFACTURING INCEN-
TIVE PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED BATTERY.—The term ‘‘advanced 
battery’’ means an electrical storage device suitable 
for vehicle applications. 
(2) ENGINEERING
INTEGRATION
COSTS.—The 
term ‘‘engineering integration costs’’ includes the 
cost of engineering tasks relating to— 
(A) incorporation of qualifying components 
into the design of advanced batteries; and 
(B) design of tooling and equipment and 
developing manufacturing processes and mate-
rial suppliers for production facilities that 
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produce qualifying components or advanced bat-
teries. 
(b) ADVANCED BATTERY MANUFACTURING FACIL-
ITY.—The Secretary shall provide facility funding awards 
under this section to advanced battery manufacturers to 
pay not more than 30 percent of the cost of reequipping, 
expanding, or establishing a manufacturing facility in the 
United States to produce advanced batteries. 
(c) PERIOD OF AVAILABILITY.—An award under sub-
section (b) shall apply to— 
(1) facilities and equipment placed in service 
before December 30, 2020; and 
(2) engineering integration costs incurred dur-
ing the period beginning on the date of enactment 
of this Act and ending on December 30, 2020. 
(d) DIRECT LOAN PROGRAM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subtitle, and subject to 
the availability of appropriated funds, the Secretary 
shall carry out a program to provide a total of not 
more than $100,000,000 in loans to eligible individ-
uals and entities (as determined by the Secretary) 
for the costs of activities described in subsection (b). 
(2) SELECTION OF ELIGIBLE PROJECTS.—The 
Secretary shall select eligible projects to receive 
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loans under this subsection in cases in which, as de-
termined by the Secretary, the award recipient— 
(A) is financially viable without the receipt 
of additional Federal funding associated with 
the proposed project; 
(B) will provide sufficient information to 
the Secretary for the Secretary to ensure that 
the qualified investment is expended efficiently 
and effectively; and 
(C) has met such other criteria as may be 
established and published by the Secretary. 
(3) RATES, 
TERMS, 
AND
REPAYMENT
OF 
LOANS.—A loan provided under this subsection— 
(A) shall have an interest rate that, as of 
the date on which the loan is made, is equal to 
the cost of funds to the Department of the 
Treasury for obligations of comparable matu-
rity; 
(B) shall have a term equal to the lesser 
of— 
(i) the projected life, in years, of the 
eligible project to be carried out using 
funds from the loan, as determined by the 
Secretary; and 
(ii) 25 years; 
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100 
(C) may be subject to a deferral in repay-
ment for not more than 5 years after the date 
on which the eligible project carried out using 
funds from the loan first begins operations, as 
determined by the Secretary; and 
(D) shall be made by the Federal Financ-
ing Bank. 
(e) FEES.—The cost of administering a loan made 
under this section shall not exceed $100,000. 
(f) SET ASIDE FOR SMALL MANUFACTURERS.— 
(1) DEFINITION OF COVERED FIRM.—In this 
subsection, the term ‘‘covered firm’’ means a firm 
that— 
(A) employs fewer than 500 individuals; 
and 
(B) manufactures automobiles or compo-
nents of automobiles. 
(2) SET ASIDE.—Of the amount of funds used 
to provide awards for each fiscal year under sub-
section (b), the Secretary shall use not less than 10 
percent to provide awards to covered firms or con-
sortia led by a covered firm. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated from the American En-
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ergy Trust Fund such sums as are necessary to carry out 
this section for each of fiscal years 2009 through 2013. 
Subtitle C—Home and Business 
Tax Incentives 
SEC. 221. EXTENSION OF CREDIT FOR ENERGY EFFICIENT 
APPLIANCES. 
(a) IN GENERAL.—Subsection (b) of section 45M of 
the Internal Revenue Code of 1986 (relating to applicable 
amount) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘2008 or 2009’’ in sub-
paragraph (A) and inserting ‘‘2008, 2009, 
2010, 2011, or 2012’’, and 
(B) by striking ‘‘2008, 2009, or 2010’’ in 
subparagraph (B) and inserting ‘‘2008, 2009, 
2010, 2011, 2012, or 2013’’, 
(2) in paragraph (2)— 
(A) by striking ‘‘2008 or 2009’’ in sub-
paragraph (B) and inserting ‘‘2008, 2009, 
2010, 2011, or 2012’’, 
(B) by striking ‘‘2008, 2009, or 2010’’ in 
subparagraph (C) and inserting ‘‘2008, 2009, 
2010, 2011, 2012, or 2013’’, and 
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(C) by striking ‘‘2008, 2009, or 2010’’ in 
subparagraph (D) and inserting ‘‘2008, 2009, 
2010, 2011, 2012, or 2013’’, and 
(3) in paragraph (3)— 
(A) by striking ‘‘2008 or 2009’’ in sub-
paragraph (B) and inserting ‘‘2008, 2009, 
2010, 2011, or 2012’’, 
(B) by striking ‘‘2008, 2009, or 2010’’ in 
subparagraph (C) and inserting ‘‘2008, 2009, 
2010, 2011, 2012, or 2013’’, and 
(C) by striking ‘‘2008, 2009, or 2010’’ in 
subparagraph (D) and inserting ‘‘2008, 2009, 
2010, 2011, 2012, or 2013’’. 
(b) INCREASE IN AGGREGATE CREDIT AMOUNT AL-
LOWED.—Paragraph (1) of section 45M(e) of such Code 
(relating to aggregate credit amount allowed) is amended 
by striking ‘‘$75,000,000’’ and inserting ‘‘$100,000,000’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to appliances produced after De-
cember 31, 2009. 
SEC. 222. EXTENSION OF CREDIT FOR NONBUSINESS EN-
ERGY PROPERTY. 
(a) IN GENERAL.—Section 25C(g) of the Internal 
Revenue Code of 1986 (relating to termination) is amend-
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SEC. 226. EXTENSION OF SPECIAL RULE TO IMPLEMENT 
FERC 
AND 
STATE 
ELECTRIC 
RESTRUC-
TURING POLICY. 
(a) IN GENERAL.—Paragraph (3) of section 451(i) 
of the Internal Revenue Code of 1986 is amended by strik-
ing ‘‘January 1, 2008’’ and inserting ‘‘January 1, 2021’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to transactions after December 
31, 2008. 
SEC. 227. HOME ENERGY AUDITS. 
(a) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after section 25D the fol-
lowing new section: 
‘‘SEC. 25E. HOME ENERGY AUDITS. 
‘‘(a) IN GENERAL.—In the case of an individual, 
there shall be allowed as a credit against the tax imposed 
by this chapter for the taxable year an amount equal to 
50 percent of the amount of qualified energy audit paid 
or incurred by the taxpayer during the taxable year. 
‘‘(b) LIMITATIONS.— 
‘‘(1) DOLLAR
LIMITATION.—The amount al-
lowed as a credit under subsection (a) with respect 
to a residence of the taxpayer for a taxable year 
shall not exceed $400. 
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‘‘(2) LIMITATION
BASED
ON
AMOUNT
OF 
TAX.—In the case of any taxable year to which sec-
tion 26(a)(2) does not apply, the credit allowed 
under subsection (a) shall not exceed the excess of— 
‘‘(A) the sum of the regular tax liability 
(as defined in section 26(b)) plus the tax im-
posed by section 55, over 
‘‘(B) the sum of the credits allowable 
under this subpart (other than this section) and 
section 27 for the taxable year. 
‘‘(c) QUALIFIED ENERGY AUDIT.—For purposes of 
this section, the term ‘qualified energy audit’ means an 
energy audit of the principal residence of the taxpayer per-
formed by a qualified energy auditor through a com-
prehensive site visit. Such audit may include a blower door 
test, an infra-red camera test, and a furnace combustion 
efficiency test. In addition, such audit shall include such 
substitute tests for the tests specified in the preceding sen-
tence, and such additional tests, as the Secretary may by 
regulation require. A principal residence shall not be taken 
into consideration under this subparagraph unless such 
residence is located in the United States. 
‘‘(d) PRINCIPAL RESIDENCE.—For purposes of this 
section, the term ‘principal residence’ has the same mean-
ing as when used in section 121. 
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106 
‘‘(e) QUALIFIED ENERGY AUDITOR.— 
‘‘(1) IN GENERAL.—The Secretary shall specify 
by regulations the qualifications required to be a 
qualified energy auditor for purposes of this section. 
Such regulations shall include rules prohibiting con-
flicts-of-interest, including the disallowance of com-
missions or other payments based on goods or non- 
audit services purchased by the taxpayer from the 
auditor. 
‘‘(2) CERTIFICATION.—The Secretary shall pre-
scribe the procedures and methods for certifying 
that an auditor is a qualified energy auditor. To the 
maximum extent practicable, such procedures and 
methods shall provide for a variety of sources to ob-
tain certifications.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 23(b)(4)(B) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘section 25D’’ 
and inserting ‘‘sections 25D and 25E’’. 
(2) Section 23(c)(1) of such Code is amended 
by striking ‘‘25D and’’ and inserting ‘‘25D, 25E, 
and’’. 
(3) Section 24(b)(3)(B) of such Code is amend-
ed by inserting ‘‘25E,’’ after ‘‘25D,’’. 
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107 
(4) Clauses (i) and (ii) of section 25(e)(1)(C) of 
such Code are each amended by inserting ‘‘25E,’’ 
after ‘‘25D,’’. 
(5) Section 25B(g)(2) of such Code is amended 
by inserting ‘‘25E,’’ after ‘‘25D,’’. 
(6) Section 25D(c)(1)(B) of such Code is 
amended by inserting ‘‘and section 25E’’ after ‘‘this 
section’’. 
(7) Section 25D(c)(2)(A) of such Code is 
amended by inserting ‘‘and section 25E’’ after ‘‘this 
section’’. 
(8) The table of sections for subpart A of part 
IV of subchapter A chapter 1 of such Code is 
amended by inserting after the item relating to sec-
tion 25D the following new item: 
‘‘Sec. 25E. Home energy audits.’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall apply to amounts paid or incurred 
in taxable years beginning after the date of the en-
actment of this Act. 
(2) APPLICATION
OF
EGTRRA
SUNSET.—The 
amendments made by paragraphs (1) and (3) of 
subsection (b) shall be subject to title IX of the Eco-
nomic Growth and Tax Relief Reconciliation Act of 
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108 
2001 in the same manner as the provisions of such 
Act to which such amendments relate. 
SEC. 228. ACCELERATED RECOVERY PERIOD FOR DEPRE-
CIATION OF SMART METERS. 
(a) IN GENERAL.—Section 168(e)(3)(B) of the Inter-
nal Revenue Code of 1986 is amended by striking ‘‘and’’ 
at the end of clause (vi), by striking the period at the end 
of clause (vii) and inserting ‘‘, and’’, and by inserting after 
clause (vii) the following new clause: 
‘‘(viii) any qualified smart electric 
meter.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
168(e)(3)(D) of such Code is amended by striking clause 
(iii) and redesignating clause (iv) as clause (iii). 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
the date of the enactment of this Act. 
TITLE III—NEW AND EXPANDING 
TECHNOLOGIES 
Subtitle A—Alternative Fuels 
SEC. 301. REPEAL. 
Section 526 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17142) is repealed. 
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109 
SEC. 302. GOVERNMENT AUCTION OF LONG-TERM PUT OP-
TION CONTRACTS ON COAL-TO-LIQUID FUEL 
PRODUCED BY QUALIFIED COAL-TO-LIQUID 
FACILITIES. 
(a) IN GENERAL.—The Secretary shall, from time to 
time, auction to the public coal-to-liquid fuel put option 
contracts having expiration dates of 5 years, 10 years, 15 
years, or 20 years. 
(b) CONSULTATION
WITH
SECRETARY
OF
EN-
ERGY.—The Secretary shall consult with the Secretary of 
Energy regarding— 
(1) the frequency of the auctions; 
(2) the strike prices specified in the contracts; 
(3) the number of contracts to be auctioned 
with a given strike price and expiration date; and 
(4) the capacity of existing or planned facilities 
to produce coal-to-liquid fuel. 
(c) DEFINITIONS.—In this section: 
(1) COAL-TO-LIQUID FUEL.—The term ‘‘coal-to- 
liquid fuel’’ means any transportation-grade liquid 
fuel derived primarily from coal (including peat) and 
produced at a qualified coal-to-liquid facility. 
(2) COAL-TO-LIQUID PUT OPTION CONTRACT.— 
The term ‘‘coal-to-liquid put option contract’’ means 
a contract, written by the Secretary, which— 
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110 
(A) gives the holder the right (but not the 
obligation) to sell to the Government of the 
United States a certain quantity of a specific 
type of coal-to-liquid fuel produced by a quali-
fied coal-to-liquid facility specified in the con-
tract, at a strike price specified in the contract, 
on or before an expiration date specified in the 
contract; and 
(B) is transferable by the holder to any 
other entity. 
(3) QUALIFIED
COAL-TO-LIQUID
FACILITY.— 
The term ‘‘qualified coal-to-liquid facility’’ means a 
manufacturing facility that has the capacity to 
produce at least 10,000 barrels per day of transpor-
tation grade liquid fuels from a feedstock that is pri-
marily domestic coal (including peat and any prop-
erty which allows for the capture, transportation, or 
sequestration of by-products resulting from such 
process, including carbon emissions). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(5) STRIKE PRICE.—The term ‘‘strike price’’ 
means, with respect to a put option contract, the 
price at which the holder of the contract has the 
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right to sell the fuel which is the subject of the con-
tract. 
(d) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
section. 
(e) EFFECTIVE DATE.—This section shall take effect 
1 year after the date of the enactment of this Act. 
SEC. 303. STANDBY LOANS FOR QUALIFYING COAL-TO-LIQ-
UIDS PROJECTS. 
Section 1702 of the Energy Policy Act of 2005 (42 
U.S.C. 16512) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(k) STANDBY
LOANS
FOR
QUALIFYING
CTL 
PROJECTS.— 
‘‘(1) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) CAP
PRICE.—The term ‘cap price’ 
means a market price specified in the standby 
loan agreement above which the project is re-
quired to make payments to the United States. 
‘‘(B) FULL TERM.—The term ‘full term’ 
means the full term of a standby loan agree-
ment, as specified in the agreement, which shall 
not exceed the lesser of 30 years or 90 percent 
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112 
of the projected useful life of the project (as de-
termined by the Secretary). 
‘‘(C) MARKET PRICE.—The term ‘market 
price’ means the average quarterly price of a 
petroleum price index specified in the standby 
loan agreement. 
‘‘(D) MINIMUM
PRICE.—The term ‘min-
imum price’ means a market price specified in 
the standby loan agreement below which the 
United States is obligated to make disburse-
ments to the project. 
‘‘(E) OUTPUT.—The term ‘output’ means 
some or all of the liquid or gaseous transpor-
tation fuels produced from the project, as speci-
fied in the loan agreement. 
‘‘(F) PRIMARY TERM.—The term ‘primary 
term’ means the initial term of a standby loan 
agreement, as specified in the agreement, which 
shall not exceed the lesser of 20 years or 75 
percent of the projected useful life of the 
project (as determined by the Secretary). 
‘‘(G) QUALIFYING
CTL
PROJECT.—The 
term ‘qualifying CTL project’ means— 
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‘‘(i) a commercial-scale project that 
converts coal to one or more liquid or gas-
eous transportation fuels; or 
‘‘(ii) not more than one project at a 
facility that converts petroleum refinery 
waste products, including petroleum coke, 
into one or more liquids or gaseous trans-
portation fuels, 
that demonstrates the capture, and sequestra-
tion or disposal or use of, the carbon dioxide 
produced in the conversion process, and that, 
on the basis of a carbon dioxide sequestration 
plan prepared by the applicant, is certified by 
the Administrator of the Environmental Protec-
tion Agency, in consultation with the Secretary, 
as producing fuel with life cycle carbon dioxide 
emissions at or below the average life cycle car-
bon dioxide emissions for the same type of fuel 
produced at traditional petroleum based facili-
ties with similar annual capacities. 
‘‘(H) STANDBY
LOAN
AGREEMENT.—The 
term ‘standby loan agreement’ means a loan 
agreement entered into under paragraph (2). 
‘‘(2) STANDBY LOANS.— 
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114 
‘‘(A) LOAN
AUTHORITY.—The Secretary 
may enter into standby loan agreements with 
not more than six qualifying CTL projects, at 
least one of which shall be a project jointly or 
in part owned by two or more small coal pro-
ducers. Such an agreement— 
‘‘(i) shall provide that the Secretary 
will make a direct loan (within the mean-
ing of section 502(1) of the Federal Credit 
Reform Act of 1990) to the qualifying 
CTL project; and 
‘‘(ii) shall set a cap price and a min-
imum price for the primary term of the 
agreement. 
‘‘(B) LOAN DISBURSEMENTS.—Such a loan 
shall be disbursed during the primary term of 
such agreement whenever the market price falls 
below the minimum price. The amount of such 
disbursements in any calendar quarter shall be 
equal to the excess of the minimum price over 
the market price, times the output of the 
project (but not more than a total level of dis-
bursements specified in the agreement). 
‘‘(C) LOAN REPAYMENTS.—The Secretary 
shall establish terms and conditions, including 
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ortized (with interest) over the remainder 
of the full term of the agreement. 
‘‘(3) PROFIT-SHARING.—The Secretary is au-
thorized to enter into a profit-sharing agreement 
with the project at the time the standby loan agree-
ment is executed. Under such an agreement, if the 
market price exceeds the cap price in a calendar 
quarter, a profit-sharing payment shall be made for 
that quarter, in an amount equal to— 
‘‘(A) the excess of the market price over 
the cap price, times the output of the project; 
less 
‘‘(B) any loan repayments made for the 
calendar quarter. 
‘‘(4) COMPLIANCE WITH FEDERAL CREDIT RE-
FORM ACT.— 
‘‘(A) UPFRONT
PAYMENT
OF
COST
OF 
LOAN.—No standby loan agreement may be en-
tered into under this subsection unless the 
project makes a payment to the United States 
that the Office of Management and Budget de-
termines is equal to the cost of such loan (de-
termined under 502(5)(B) of the Federal Credit 
Reform Act of 1990). Such payment shall be 
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117 
made at the time the standby loan agreement is 
executed. 
‘‘(B) MINIMIZATION OF RISK TO THE GOV-
ERNMENT.—In making the determination of the 
cost of the loan for purposes of setting the pay-
ment for a standby loan under subparagraph 
(A), the Secretary and the Office of Manage-
ment and Budget shall take into consideration 
the extent to which the minimum price and the 
cap price reflect historical patterns of volatility 
in actual oil prices relative to projections of fu-
ture oil prices, based upon publicly available 
data from the Energy Information Administra-
tion, and employing statistical methods and 
analyses that are appropriate for the analysis of 
volatility in energy prices. 
‘‘(C) TREATMENT
OF
PAYMENTS.—The 
value to the United States of a payment under 
subparagraph (A) and any profit-sharing pay-
ments under paragraph (3) shall be taken into 
account for purposes of section 502(5)(B)(iii) of 
the Federal Credit Reform Act of 1990 in de-
termining the cost to the Federal Government 
of a standby loan made under this subsection. 
If a standby loan has no cost to the Federal 
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118 
Government, the requirements of section 504(b) 
of such Act shall be deemed to be satisfied. 
‘‘(5) OTHER PROVISIONS.— 
‘‘(A) NO DOUBLE BENEFIT.—A project re-
ceiving a loan under this subsection may not, 
during the primary term of the loan agreement, 
receive a Federal loan guarantee under sub-
section (a) of this section, or under other laws. 
‘‘(B) 
SUBROGATION, 
ETC.—Subsections 
(g)(2) (relating to subrogation), (h) (relating to 
fees), and (j) (relating to full faith and credit) 
shall apply to standby loans under this sub-
section to the same extent they apply to loan 
guarantees.’’. 
Subtitle B—Tax Provisions 
SEC. 311. EXTENSION OF RENEWABLE ELECTRICITY, RE-
FINED COAL, AND INDIAN COAL PRODUCTION 
CREDIT. 
(a) CREDIT MADE PERMANENT.— 
(1) IN GENERAL.—Subsection (d) of section 45 
of the Internal Revenue Code of 1986 (relating to 
qualified facilities) is amended— 
(A) by striking ‘‘and before January 1, 
2014’’ each place it occurs, 
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119 
(B) by striking ‘‘, and before January 1, 
2013’’ in paragraph (1), and 
(C) by striking ‘‘before January 1, 2009’’ 
in paragraph (10). 
(2) OPEN-LOOP
BIOMASS
FACILITIES.—Sub-
paragraph (A) of section 45(d)(3) of such Code is 
amended to read as follows: 
‘‘(A) IN GENERAL.—In the case of a facil-
ity using open-loop biomass to produce elec-
tricity, the term ‘qualified facility’ means any 
facility owned by the taxpayer which is origi-
nally placed in service after October 22, 2004.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to electricity produced 
and sold after December 31, 2009, in taxable years 
ending after such date. 
(b) SALES OF NET ELECTRICITY TO REGULATED 
PUBLIC UTILITIES TREATED AS SALES TO UNRELATED 
PERSONS.—Paragraph (4) of section 45(e) of such Code 
is amended by adding at the end the following new sen-
tence: ‘‘The net amount of electricity sold by any taxpayer 
to a regulated public utility (as defined in section 
7701(a)(33)) shall be treated as sold to an unrelated per-
son.’’. 
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120 
(c) ALLOWANCE AGAINST ALTERNATIVE MINIMUM 
TAX.— 
(1) IN
GENERAL.—Clause (iii) of section 
38(c)(4)(B) of such Code (relating to specified cred-
its) is amended by striking ‘‘produced—’’ and all 
that follows and inserting ‘‘produced at a facility 
which is originally placed in service after the date of 
the enactment of this paragraph.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to taxable years begin-
ning after the date of the enactment of this Act. 
SEC. 312. EXTENSION OF ENERGY CREDIT. 
(a) 
SOLAR
ENERGY
PROPERTY.—Paragraphs 
(2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal 
Revenue Code of 1986 (relating to energy credit) are each 
amended by striking ‘‘but only with respect to periods end-
ing before January 1, 2017’’. 
(b) FUEL CELL PROPERTY.—Section 48(c)(1) of 
such Code (relating to qualified fuel cell property) is 
amended by striking subparagraph (D). 
(c) MICROTURBINE PROPERTY.—Subparagraph (D) 
of section 48(c)(2) of the Internal Revenue Code of 1986 
(relating to qualified microturbine property) is amended 
by striking ‘‘December 31, 2016’’ and inserting ‘‘Decem-
ber 31, 2020’’. 
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121 
SEC. 313. EXTENSION AND MODIFICATION OF CREDIT FOR 
CLEAN RENEWABLE ENERGY BONDS. 
(a) EXTENSION.—Section 54(m) of the Internal Rev-
enue Code of 1986 (relating to termination) is amended 
by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem-
ber 31, 2020’’. 
(b) INCREASE IN NATIONAL LIMITATION.—Section 
54(f) of such Code (relating to limitation on amount of 
bonds designated) is amended— 
(1) by striking ‘‘$1,200,000,000’’ in paragraph 
(1) and inserting ‘‘$1,600,000,000’’, and 
(2) by striking ‘‘$750,000,000’’ in paragraph 
(2) and inserting ‘‘$1,000,000,000’’. 
(c) MODIFICATION OF RATABLE PRINCIPAL AMORTI-
ZATION REQUIREMENT.— 
(1) IN
GENERAL.—Paragraph (4) of section 
54(l) of such Code is amended to read as follows: 
‘‘(4) RATABLE PRINCIPAL AMORTIZATION RE-
QUIRED.—A bond shall not be treated as a clean re-
newable energy bond unless it is part of an issue 
which provides for an equal amount of principal to 
be paid by the qualified issuer during each 12-month 
period that the issue is outstanding (other than the 
first 12-month period).’’. 
(2) TECHNICAL AMENDMENT.—The third sen-
tence of section 54(e)(2) of such Code is amended 
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122 
by striking ‘‘subsection (l)(6)’’ and inserting ‘‘sub-
section (l)(4)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to bonds issued after the date of 
the enactment of this Act. 
SEC. 314. EXTENSION OF CREDITS FOR BIODIESEL AND RE-
NEWABLE DIESEL. 
(a) IN GENERAL.—Sections 40A(g), 6426(c)(6), and 
6427(e)(6)(B) of the Internal Revenue Code of 1986 are 
each amended by striking ‘‘December 31, 2009’’ and in-
serting ‘‘December 31, 2020’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fuel produced, and sold or used, 
after December 31, 2009. 
Subtitle C—American Renewable 
and Alternative Energy Trust Fund 
SEC. 321. AMERICAN RENEWABLE AND ALTERNATIVE EN-
ERGY TRUST FUND. 
(a) ESTABLISHMENT OF TRUST FUND.—There is es-
tablished in the Treasury of the United States a trust fund 
to be known as the ‘‘American Renewable and Alternative 
Energy Trust Fund’’, consisting of such amounts as may 
be transferred to the American Renewable and Alternative 
Energy Trust Fund as provided in section 149 and the 
amendments made by section 113 of this Act. 
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(b) EXPENDITURES FROM AMERICAN RENEWABLE 
AND ALTERNATIVE ENERGY TRUST FUND.— 
(1) IN GENERAL.—Amounts in the American 
Renewable and Alternative Energy Trust Fund shall 
be available without further appropriation to carry 
out specified provisions of the Energy Policy Act of 
2005 (Public Law 109–58; in this section referred to 
as ‘‘EPAct2005’’) and the Energy Independence and 
Security Act of 2007 (Public Law 110–140; in this 
section referred to as ‘‘EISAct2007’’), as follows: 
(A) Grants to improve the commercial 
value of forest biomass for electric energy, use-
ful heat, transportation fuels, and other com-
mercial purposes, section 210 of EPAct2005, 3 
percent. 
(B) Hydroelectric production incentives, 
section 242 of EPAct2005, 2 percent. 
(C) Oil shale, tar sands, and other stra-
tegic unconventional fuels, section 369 of 
EPAct2005, 3 percent. 
(D) Clean Coal Power Initiative, section 
401 of EPAct2005, 7 percent. 
(E) Solar and wind technologies, section 
812 of EPAct2005, 7 percent. 
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(F) Renewable Energy, section 931 of 
EPAct2005, 20 percent. 
(G) Production incentives for cellulosic 
biofuels, section 942 of EPAct2005, 2.5 per-
cent. 
(H) Coal and related technologies pro-
gram, section 962 of EPAct2005, 4 percent. 
(I) Methane hydrate research, section 968 
of EPAct2005, 2.5 percent. 
(J) Incentives for Innovative Technologies, 
section 1704 of EPAct2005, 7 percent. 
(K) Grants for production of advanced 
biofuels, section 207 of EISAct2007, 16 per-
cent. 
(L) Photovoltaic demonstration program, 
section 607 EISAct2007, 2.5 percent. 
(M) Geothermal Energy, title VI, subtitle 
B of EISAct2007, 4 percent. 
(N) Marine and Hydrokinetic Renewable 
Energy Technologies, title VI, subtitle C of 
EISAct2007, 2.5 percent. 
(O) Energy storage competitiveness, sec-
tion 641 of EISAct2007, 10 percent. 
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(P) Smart grid technology research, devel-
opment, and demonstration, section 1304 of 
EISAct2007, 7 percent. 
(2) APPORTIONMENT
OF
EXCESS
AMOUNT.— 
Notwithstanding paragraph (1), any amounts allo-
cated under paragraph (1) that are in excess of the 
amounts authorized in the applicable cited section or 
subtitle of EPAct2005 and EISAct2007 shall be re-
allocated to the remaining sections and subtitles 
cited in paragraph (1), up to the amounts otherwise 
authorized by law to carry out such sections and 
subtitles, in proportion to the amounts authorized by 
law to be appropriated for such other sections and 
subtitles. 
TITLE IV—NUCLEAR 
SEC. 401. STREAMLINE THE REGULATORY PROCESS. 
(a) FAST TRACK.— 
(1) PUBLIC HEALTH AND SAFETY.—Nothing in 
this subsection shall supersede, mitigate, detract 
from, or in anyway decrease the Nuclear Regulatory 
Commission’s ability to maintain the highest possible 
levels of public health and safety standards for nu-
clear facilities in the United States. No authority 
granted by this subsection shall be executed in a 
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manner that jeopardizes, minimizes, reduces, or 
lessens public health and safety standards. 
(2) STREAMLINING COMBINED CONSTRUCTION 
AND OPERATING LICENSE.— 
(A) IN
GENERAL.—The Nuclear Regu-
latory Commission shall establish and imple-
ment an expedited procedure for issuing a Com-
bined Construction and Operating License for 
qualified new reactors. 
(B) QUALIFICATIONS.—To qualify for the 
expedited procedure under this paragraph, an 
applicant shall— 
(i) apply for construction of a reactor 
based on a design approved by the Nuclear 
Regulatory Commission; 
(ii) construct the new reactor on a site 
where an operating nuclear power plant al-
ready exists; 
(iii) establish to the satisfaction of the 
Nuclear Regulatory Commission that there 
is broad local public support for the 
project; 
(iv) be an existing nuclear powerplant 
owner or operator with a substantial 
record of safe operations and be in good 
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standing with the Nuclear Regulatory 
Commission; 
(v) submit a complete Combined Con-
struction and Operating License applica-
tion; and 
(vi) demonstrate sufficient financial 
commitment to the project and prepared-
ness to proceed in earnest once the permit 
is issued, as demonstrated by— 
(I) the purchase of, or contract 
to purchase, long-lead materials; or 
(II) assured financing. 
(C) EXPEDITED
PROCEDURE.—With re-
spect to a license for which the applicant has 
satisfied the requirements of subparagraph (B) 
and seeks fast track consideration, the Nuclear 
Regulatory Commission shall follow the fol-
lowing procedures: 
(i) Undertake a one year expedited 
environmental review process. 
(ii) Commence a one year public com-
ment period for comments on the applica-
tion. 
(iii) Expedite the technical review 
process to that amount of time which is 
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necessary to efficiently issue Combined 
Construction and Operating License per-
mits without sacrificing any aspect of pub-
lic health or safety. 
(D) 
GOALS.—The 
Nuclear 
Regulatory 
Commission shall present recommendations to 
Congress within 90 days of the date of enact-
ment of this Act for procedures that would 
allow the Commission to pursue a transparent, 
fact-based process in a nonadversarial environ-
ment where it can make decisions based on 
sound science and engineering as expeditiously 
as practicable. These recommendations shall en-
compass an efficient process that allows those 
parties that have standing to participate in the 
proceedings to raise legitimate concerns to be 
heard and resolved without undue delay. 
(3) NUCLEAR STEAM SUPPLY SYSTEM DESIGN 
CERTIFICATION.—The Nuclear Regulatory Commis-
sion shall establish a schedule for certification of a 
Nuclear Steam Supply System reactor that main-
tains the highest levels of public health and safety. 
Such schedule shall seek to reduce by one half the 
time necessary to certify a reactor design. Such a 
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schedule shall be presented to Congress within one 
year of date of enactment of this Act. 
(4) TECHNOLOGY
NEUTRAL
PLANT
DESIGN 
SPECIFICATIONS.—Within one year of the date of 
enactment of this Act, the Nuclear Regulatory Com-
mission shall outline to the Congress an approach 
that will allow the Nuclear Regulatory Commission 
to develop technology-neutral guidelines for nuclear 
plant licensing in the future that would allow for the 
more seamless entry of new technologies into the 
marketplace. 
(5) ADDITIONAL FUNDING AND PERSONNEL RE-
SOURCES.—Not later than 90 days after the date of 
enactment of this Act, the Nuclear Regulatory Com-
mission shall transmit to the Congress a request for 
such additional funding and personnel resources as 
are necessary to carry out paragraphs (1) through 
(4). 
(6) NATIONAL
LABORATORY
SUPPORT.—Each 
national laboratory with expertise in the nuclear 
field shall, in coordination with the Nuclear Regu-
latory Commission, dedicate personnel to supporting 
either or both of the expedited design certification 
under paragraph (3) or the expedited licensing pro-
cedures under paragraph (2). 
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130 
(7) EDUCATIONAL PROGRAM FUNDS.—To both 
support the Nation’s effort to efficiently license new 
nuclear power plants and build the expertise and 
workforce necessary to regulate and operate those 
plants, the Nuclear Regulatory Commission and the 
Department of Energy shall direct educational fund-
ing to programs to enhance or directly support the 
activities authorized by this subsection. 
(b) NATIONAL POLICY GOAL.—It is the policy goal 
of the United States to license 100 new nuclear reactors, 
or the megawatt equivalent, by 2030, if there are a suffi-
cient number of applicants. 
(c) MANDATORY HEARINGS FOR UNCONTESTED LI-
CENSE APPLICANTS.— 
(1) Sections 189A(1)(A) of the Atomic Energy 
Act of 1954 is modified thus: 
‘‘(A) In any proceeding under this Act, for 
the granting, suspending, revoking, or amend-
ing of any license or construction permit, or ap-
plication to transfer control, and in any pro-
ceeding for the issuance or modification of rules 
and regulations dealing with the activities of li-
censees, and in any proceeding for the payment 
of compensation, an award, or royalties under 
section 153, 157, 186c., or 188, the Commis-
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131 
sion shall grant a hearing upon the request of 
any person whose interest may be affected by 
the proceeding, and shall admit any such per-
son as a party to such proceeding. The Com-
mission may, in the absence of a request there-
for by any person whose interest may be af-
fected, issue a construction permit, an oper-
ating license or an amendment to a construc-
tion permit or an amendment to an operating 
license without a hearing, but upon thirty days’ 
notice and publication once in the Federal Reg-
ister of its intent to do so. The Commission 
may dispense with such thirty days’ notice and 
publication with respect to any application for 
an amendment to a construction permit or an 
amendment to an operating license upon a de-
termination by the Commission that the amend-
ment involves no significant hazards consider-
ation.’’. 
(2) Section 185b of the Atomic Energy Act of 
1954 is modified thus: 
‘‘b. After any public hearing held under section 
189a.(1)(A), the Commission shall issue to the applicant 
a combined construction and operating license if the appli-
cation contains sufficient information to support the 
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issuance of a combined license and the Commission deter-
mines that there is reasonable assurance that the facility 
will be constructed and will operate in conformity with the 
license, the provisions of this Act, and the Commission’s 
rules and regulations. The Commission shall identify with-
in the combined license the inspections, tests, and anal-
yses, including those applicable to emergency planning, 
that the licensee shall perform, and the acceptance criteria 
that, if met, are necessary and sufficient to provide rea-
sonable assurance that the facility has been constructed 
and will be operated in conformity with the license, the 
provisions of this Act, and the Commission’s rules and 
regulations. Following issuance of the combined license, 
the Commission shall ensure that the prescribed inspec-
tions, tests, and analyses are performed and, prior to oper-
ation of the facility, shall find that the prescribed accept-
ance criteria are met. Any finding made under this sub-
section shall not require a hearing except as provided in 
section 189a.(1)(B).’’. 
SEC. 402. INCREASE THE SUPPLY OF URANIUM. 
(a) SUPPLY DISRUPTION MITIGATION RESERVE.— 
The Secretary of Energy shall create a uranium supply- 
disruption mitigation reserve. The Energy Department 
shall undergo an audit to account for all unused materials 
in its system that could be used to power commercial nu-
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133 
clear reactors. Once accounted for, some portion, or all, 
of this resource shall be allocated to be a temporary re-
serve of reactor fuel to protect against a foreign supplier 
attempt to deny American energy producers access to ura-
nium fuel. 
(b) FINDINGS.—The Congress finds the following: 
(1) It is necessary to preserve access to domes-
tic uranium reserves and resources in order to meet 
the United States demand for clean noncarbon emit-
ting energy. Doing so will contribute to the Nation’s 
effort to seek energy independence and enhance our 
national and economic security. 
(2) United States utilities currently use ap-
proximately 56,000,000 pounds of uranium each 
year. Meanwhile, total United States uranium pro-
duction 
is 
only 
approximately 
3,000,000 
to 
4,000,000 pounds each year, or less than 10 percent 
of the Nation’s annual need. 
(3) To meet the United States demand for ura-
nium, the United States imports uranium from Rus-
sia, Canada, Australia, and Kazakhstan. In 2004, 
nearly 50 percent of imported uranium came from 
Russia. 
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134 
(4) American industry can easily produce 
20,000,000 to 30,000,000 pounds of uranium each 
year from domestic resources. 
(5) To produce those resources we must pre-
serve access to the Nation’s uranium reserves and 
resources found within the northern Arizona strip, 
Northwestern New Mexico, Wyoming, and other 
parts of the United States. 
(6) The Arizona strip region, located in the 
Utah-Arizona border region, is estimated to contain 
a resource endowment of 375,000,000 pounds of 
uranium oxide (United States Geological Survey Cir-
cular 1051), making it the second most important 
uranium region in the United States after to Wyo-
ming. The energy potential of this quantity of ura-
nium rivals the energy equivalence of the total recov-
erable oil discovered at Prudhoe Bay Alaska, the 
largest oil field in North America. This quantity of 
uranium comprises over 40 percent of the Nation’s 
estimated uranium resource endowment, and Ari-
zona Strip area uranium is by far the highest grade 
uranium nationally. Development of these resources 
would promote energy independence and protect our 
national security. 
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(7) Development of these resources would pre-
vent the United States from being over reliant on 
less stable foreign sources of uranium. 
(8) The importance of developing these re-
sources is crucial as the rest of the world is embrac-
ing nuclear power, including China, India, Russia, 
Europe, the Middle East, Japan, and Korea, result-
ing in a exponential demand for known and undis-
covered uranium resources. 
(c) URANIUM POLICY SUMMIT.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior, working with the Secretary of Energy, shall 
convene a national summit on uranium by no later 
than 180 days after the date of the enactment of 
this Act, to produce a report for Congress by no 
later than 1 year after the date of the enactment of 
this Act that includes an assessment of the Nation’s 
uranium resources and provides policy recommenda-
tions to ensure access to these resources for private 
sector development in an environmentally responsible 
manner. A principle policy objective of the summit 
and report shall be to domestically produce enough 
uranium to meet 30 percent of our national uranium 
demand by 2030. 
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(2) PARTICIPANTS.—The national summit on 
uranium shall include— 
(A) representatives from mining, enrich-
ment, utility, and disposal sectors of the ura-
nium industry; and 
(B) experts in hydrology, geology, mine 
reclamation, and safety. 
SEC. 403. RECYCLE AND SAFELY STORE SPENT NUCLEAR 
FUEL. 
(a) HIGH-LEVEL NUCLEAR WASTE REPOSITORY.— 
(1) The Federal Government remains obliged to 
construct and operate at least one high-level nuclear 
materials geologic repository for the disposal of 
spent nuclear fuel and high-level radioactive waste. 
(2) The high-level nuclear waste repository site 
at Yucca Mountain shall remain the site for the Na-
tion’s nuclear waste repository unless it is deemed 
technologically or scientifically unsuitable by the Nu-
clear Regulatory Commission following full statutory 
review of the Department of Energy’s license appli-
cation to construct the Yucca Mountain repository. 
(3) The Nuclear Regulatory Commission shall 
continue to review the Department of Energy’s 
pending license application to construct the nuclear 
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waste repository at Yucca Mountain until a deter-
mination is made on the merits of the application. 
(4) In addition to pursuing approval of the li-
cense application referenced in paragraph (3), the 
Secretary shall undertake the following activities: 
(A) Seeking all other necessary regulatory 
approvals and permits to construct and operate 
the Yucca Mountain repository. 
(B) Conducting all necessary design and 
engineering work to support construction of the 
repository. 
(C) Undertaking all infrastructure activi-
ties necessary to support the construction or 
operation of the repository or transportation to 
the site of spent nuclear fuel and high-level ra-
dioactive waste. Infrastructure activities in-
clude, but are not limited to, safety upgrades; 
site preparation; the construction of a rail line 
to connect the Yucca Mountain site with the 
national rail network, including any facilities to 
facilitate rail operations; and construction, up-
grade, acquisition, or operation of electrical 
grids or facilities, other utilities, communication 
facilities, access roads, rail lines, and non-
nuclear support facilities. 
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(5) All statutory limitations on the amount of 
spent fuel that can be placed in Yucca Mountain 
shall be removed and replaced with new limits based 
on scientific and technical analysis of the full capac-
ity of Yucca Mountain for the storage of spent nu-
clear fuel and high-level radioactive waste. 
(b) TEMPORARY NUCLEAR FUEL STORAGE FACILI-
TIES.—The Secretary of the Interior shall grant all nec-
essary rights of way and land use authorizations needed 
for a nuclear fuel storage facility if the State and locality 
in which such facility is located reach an agreement with 
a private entity. The Federal Government shall take title 
of the contents of any such facility upon closure or decom-
missioning. 
(c) RECYCLING.— 
(1) AMENDMENT.—Section 302 of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222) is 
amended— 
(A) in subsection (d), by striking ‘‘The 
Secretary may’’ and inserting ‘‘Except as pro-
vided in subsection (f), the Secretary may’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(f) RECYCLING.— 
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139 
‘‘(1) IN
GENERAL.—Amounts in the Waste 
Fund shall be used by the Secretary of Energy to 
make grants to or enter into long-term contracts 
with private sector entities for the recycling of spent 
nuclear fuel. 
‘‘(2) COMPETITIVE
SELECTION.—Grants and 
contracts authorized under paragraph (1) shall be 
awarded on the basis a competitive bidding process 
that— 
‘‘(A) maximizes the competitive efficiency 
of the projects funded; 
‘‘(B) best serves the goal of reducing the 
amount of waste requiring disposal under this 
Act; and 
‘‘(C) ensures adequate protection against 
the proliferation of nuclear materials that could 
be used in the manufacture of nuclear weap-
ons.’’. 
(2) PROHIBITION.—The Administration is pro-
hibited from blocking or hindering spent nuclear fuel 
recycling activities. 
(3) RULEMAKING
FOR
LICENSING
OF
SPENT 
NUCLEAR FUEL RECYCLING FACILITIES.— 
(A) REQUIREMENT.—The Nuclear Regu-
latory Commission shall, as expeditiously as 
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140 
possible, but in no event later than 2 years 
after the date of enactment of this Act, com-
plete a rulemaking establishing a process for 
the licensing by the Nuclear Regulatory Com-
mission, under the Atomic Energy Act of 1954, 
of facilities for the recycling of spent nuclear 
fuel. 
(B) FUNDING.—Amounts in the Nuclear 
Waste Fund established under section 302 of 
the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10222) shall be made available to the 
Nuclear Regulatory Commission to cover the 
costs of carrying out subparagraph (A) of this 
paragraph. 
SEC. 404. CONFIDENCE IN AVAILABILITY OF WASTE DIS-
POSAL. 
Notwithstanding any other provision of law, in decid-
ing whether to permit the construction or operation of a 
nuclear reactor or any related facilities, the Nuclear Regu-
latory Commission shall deem, without further consider-
ation, that sufficient capacity will be available in a timely 
manner to dispose of spent nuclear fuel and high level ra-
dioactive waste resulting from the operation of the reactor 
and any related facilities. 
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141 
SEC. 405. PREFERENTIAL TREATMENT FOR CERTAIN NU-
CLEAR REACTORS AND RELATED ARTICLES. 
(a) IN GENERAL.—The President shall proclaim 
duty-free treatment or other preferential treatment for 
any article described in subsection (b) that is imported 
directly into the customs territory of the United States 
if the President determines, after obtaining advice from 
the International Trade Commission, that there is no do-
mestic production of such article. 
(b) ARTICLE DESCRIBED.—An article described in 
this subsection is any article provided for in heading 8401 
or 9902.84 of the Harmonized Tariff Schedule of the 
United States (relating to nuclear reactors; fuel elements 
(cartridges), non-irradiated, for nuclear reactors; machin-
ery and apparatus for isotopic separation; parts thereof). 
(c) WITHDRAWAL, SUSPENSION, OR LIMITATION OF 
PREFERENTIAL TREATMENT.—The President may with-
draw, suspend, or limit the application of duty-free treat-
ment or other preferential treatment under this section for 
any article described in subsection (b) with respect to 
which duty-free treatment has been proclaimed under sub-
section (a). 
(d) 
TERMINATION
OF
PREFERENTIAL
TREAT-
MENT.—No duty-free treatment or other preferential 
treatment extended under this section shall remain in ef-
fect after 5 years. 
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SEC. 406. NATIONAL NUCLEAR ENERGY COUNCIL. 
(a) IN GENERAL.— 
(1) The Secretary of Energy shall establish a 
National Nuclear Energy Council (hereinafter the 
‘‘Council’’). 
(2) The National Nuclear Energy Council shall 
be subject to the requirements of the Federal Advi-
sory Committee Act (5 U.S.C. appendix 2). 
(b) PURPOSE.—The National Nuclear Energy Coun-
cil shall— 
(1) serve in an advisory capacity to the Sec-
retary of Energy regarding nuclear energy on mat-
ters submitted to the Council by the Secretary of 
Energy; 
(2) advise, inform, and make recommendations 
to the Secretary of Energy with respect to any mat-
ter relating to nuclear energy; 
(3) help nuclear energy related investors to 
navigate the Federal bureaucracy to efficiently bring 
their products and services to the marketplace; and 
(4) not participate in any research and develop-
ment or commercialization activities. 
(c) MEMBERSHIP AND ORGANIZATION.— 
(1) The members of the Council shall be ap-
pointed by the Secretary of Energy. 
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(2) The Council may establish such study and 
administrative committees as it may deem appro-
priate. Study committees shall only assist the Coun-
cil in preparing its advice, information, or rec-
ommendations to the Secretary of Energy. Adminis-
trative committees shall be formed solely for the 
purpose of assisting the Council or its Chairman in 
the management of the internal affairs of the Coun-
cil. 
(3) The officers of the Council shall consist of 
a Chairman, a Vice Chairman, and such other offi-
cers as may be approved by the Council. The Chair-
man and Vice Chairman must be members of the 
Council and shall receive no compensation for service 
as officers of the Council. 
(4) The Secretary of Energy shall be Cochair-
man of the Council. If the Secretary of Energy des-
ignates a full-time, salaried official of the Depart-
ment of Energy as his alternate, such alternate may 
exercise any duties of the Secretary of Energy and 
may perform any function on the Council otherwise 
reserved for the Secretary of Energy. 
(5) The Chairman and the Vice Chairman shall 
be elected by the Council at its organizational meet-
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144 
ing to serve until their successors are elected at the 
next organizational meeting of the Council. 
(d) MEETINGS.— 
(1) Regular meetings of the Council shall be 
held at least twice each year at times determined by 
the Chairman and approved by the Government Co-
chairman. 
(2) No meeting of the Council shall be held un-
less the Government Cochairman approves the agen-
da thereof, approves the calling thereof, and is 
present thereat. 
(3) The time and place of all Council meetings 
shall be given general publicity and such meetings 
shall be open to the public. 
(e) STUDIES BY THE COUNCIL.— 
(1) The Council may establish study committees 
to prepare reports for the consideration of the Coun-
cil pursuant to requests from the Secretary of En-
ergy for advice, information, and recommendations. 
(2) The Secretary of Energy or a full-time em-
ployee of the Department of Energy designated by 
the Secretary shall be the Cochairman of each study 
committee. 
(3) The members of study committees shall be 
selected from the Council membership on the basis 
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of their training, experience, and general qualifica-
tions to deal with the matters assigned. 
SEC. 407. EXPANSION OF ENERGY INVESTMENT TAX CRED-
IT TO INCLUDE NUCLEAR AND CLEAN-COAL 
EQUIPMENT. 
(a) 
IN
GENERAL.—Clause 
(i) 
of 
section 
48C(c)((1)(A) of the Internal Revenue Code of 1986 is 
amended by striking ‘‘or’’ at the end of subclause (VI), 
by striking ‘‘and’’ at the end of subclause (VII), by insert-
ing after subclause (VII) the following new subclauses: 
‘‘(VIII) property designed to be 
used to produce energy from an ad-
vanced nuclear power facility (as de-
fined in section 45J(d)), or 
‘‘(IX) property designed to be 
used to produce energy from clean- 
coal equipment, and’’. 
(b) DENIAL OF DOUBLE BENEFIT.—Subsection (e) 
of section 48C of such Code is amended by inserting 
‘‘45J,’’ before ‘‘48,’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to property placed in service 
after the date of the enactment of this Act. 
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TITLE V—ENVIRONMENTAL 
REVIEW; GREENHOUSE GASES 
SEC. 501. ENVIRONMENTAL REVIEW FOR RENEWABLE EN-
ERGY PROJECTS. 
(a) COMPLIANCE WITH NEPA FOR RENEWABLE EN-
ERGY PROJECTS.—Notwithstanding any other law, in pre-
paring an environmental assessment or environmental im-
pact statement required under section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332) with 
respect to any action authorizing a renewable energy 
project under the jurisdiction of a Federal agency— 
(1) no Federal agency is required to identify al-
ternative project locations or actions other than the 
proposed action and the no action alternative; and 
(2) no Federal agency is required to analyze the 
environmental effects of alternative locations or ac-
tions other than those submitted by the project pro-
ponent. 
(b) CONSIDERATION OF ALTERNATIVES.—In any en-
vironmental assessment or environmental impact state-
ment referred to in subsection (a), the Federal agency 
shall only identify and analyze the environmental effects 
and potential mitigation measures of— 
(1) the proposed action; and 
(2) the no action alternative. 
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(c) PUBLIC COMMENT.—In preparing an environ-
mental assessment or environmental impact statement re-
ferred to in subsection (a), the Federal agency shall only 
consider public comments that specifically address the pre-
ferred action and that are filed within 20 days after publi-
cation of a draft environmental assessment or draft envi-
ronmental impact statement. Notwithstanding any other 
law, compliance with this subsection is deemed to satisfy 
section 102(2) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)) and the applicable regula-
tions and administrative guidelines with respect to pro-
posed renewable energy projects. 
(d) RENEWABLE ENERGY PROJECT DEFINED.—For 
purposes of this section, the term ‘‘renewable energy 
project’’— 
(1) means any proposal to utilize an energy 
source other than coal, oil, or natural gas; and 
(2) includes the use of nuclear, wind, solar, geo-
thermal, biomass, hydro (including large, small- 
scale, and low head conventional hydro), or tidal 
forces to generate energy. 
SEC. 502. GREENHOUSE GAS REGULATION UNDER CLEAN 
AIR ACT. 
(a) IN GENERAL.—Section 302(g) of the Clean Air 
Act (42 U.S.C. 7602(g)) is amended by adding the fol-
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lowing at the end thereof: ‘‘The term ‘air pollutant’ shall 
not include carbon dioxide, water vapor, methane, nitrous 
oxide, hydrofluorocarbons, perfluorocarbons, or sulfur 
hexafluoride.’’. 
(b) CLIMATE CHANGE NOT REGULATED BY CLEAN 
AIR ACT.—Nothing in the Clean Air Act shall be treated 
as authorizing or requiring the regulation of climate 
change or global warming. 
SEC. 503. PROHIBITION OF CONSIDERATION OF IMPACT OF 
GREENHOUSE GAS. 
(a) IN GENERAL.—The Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF 
GREENHOUSE GAS. 
‘‘(a) DEFINITION OF GREENHOUSE.—In this section, 
the term ‘greenhouse gas’ means any of— 
‘‘(1) carbon dioxide; 
‘‘(2) methane; 
‘‘(3) nitrous oxide; 
‘‘(4) sulfur hexafluoride; 
‘‘(5) a hydrofluorocarbon; 
‘‘(6) a perfluorocarbon; or 
‘‘(7) any other anthropogenic gas designated by 
the Secretary for purposes of this section. 
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‘‘(b) IMPACT OF GREENHOUSE GAS.—The impact of 
greenhouse gas on any species of fish or wildlife or plant 
shall not be considered for any purpose in the implementa-
tion of this Act.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents in the first section of the Endangered Species Act 
of 1973 (16 U.S.C. prec. 1531) is amended by adding at 
the end the following new items: 
‘‘Sec. 18. Annual cost analysis by the Fish and Wildlife Service. 
‘‘Sec. 19. Prohibition of consideration of impact of greenhouse gas.’’. 
TITLE VI—LEGAL REFORM 
SEC. 601. FINDINGS. 
Congress finds that— 
(1) the United States spends over $1 billion per 
day to import crude oil from foreign countries; 
(2) such expenditure represents the largest 
wealth transfer in history; 
(3) the United States has at least 86 billion 
barrels of oil and 420 trillion cubic feet of natural 
gas in the outer Continental Shelf; 
(4) environmental groups have legally chal-
lenged every lease in the Alaskan Outer Continental 
Shelf in the Chukchi and Beaufort Seas; 
(5) environmental groups have legally chal-
lenged the entire 2007–2012 5-year national outer 
Continental Shelf leasing program; 
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(6) such legal challenges significantly delay or 
ultimately prevent energy resources from reaching 
the American public; 
(7) these legal challenges come at a high cost 
to the American public and the American economy; 
and 
(8) Congress finds that expedited judicial re-
view is necessary to prevent this gross abuse of the 
United States judicial system. 
SEC. 602. EXCLUSIVE JURISDICTION OVER CAUSES AND 
CLAIMS RELATING TO COVERED ENERGY 
PROJECTS. 
Notwithstanding any other provision of law, the 
United States District Court for the District of Columbia 
shall have exclusive jurisdiction to hear all causes and 
claims under this title or any other Act that arise from 
any covered energy project. 
SEC. 603. TIME FOR FILING COMPLAINT. 
All causes and claims referred to in section 602 must 
be filed not later than the end of the 60-day period begin-
ning on the date of the action or decision by a Federal 
official that constitutes the covered energy project con-
cerned. Any cause or claim not filed within that time pe-
riod shall be barred. 
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SEC. 604. DISTRICT COURT FOR THE DISTRICT OF COLUM-
BIA DEADLINE. 
(a) IN GENERAL.—All proceedings that are subject 
to section 602— 
(1) shall be resolved as expeditiously as pos-
sible, and in any event not more than 180 days after 
such cause or claim is filed; and 
(2) shall take precedence over all other pending 
matters before the district court. 
(b) FAILURE TO COMPLY WITH DEADLINE.—If an 
interlocutory or final judgment, decree, or order has not 
been issued by the district court by the deadline described 
under this section, the cause or claim shall be dismissed 
with prejudice and all rights relating to such cause or 
claim shall be terminated. 
SEC. 605. ABILITY TO SEEK APPELLATE REVIEW. 
An interlocutory or final judgment, decree, or order 
of the district court may be reviewed by no other court 
except the Supreme Court. 
SEC. 606. DEADLINE FOR APPEAL TO THE SUPREME 
COURT. 
If a writ of certiorari has been granted by the Su-
preme Court pursuant to section 605, then— 
(1) the interlocutory or final judgment, decree, 
or order of the district court shall be resolved as ex-
peditiously as possible and in any event not more 
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