[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3535 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives 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 ``Next Generation 
Energy Security Act of 2010''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                          TITLE I--NATURAL GAS

Sec. 101. Short title, etc.
 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.
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.

                          TITLE I--NATURAL GAS

SEC. 101. SHORT TITLE, ETC.

    (a) Short Title.--This title may be cited as the ``New Alternative 
Transportation to Give Americans Solutions Act of 2010''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this title an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.

 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.

    (a) Alternative Fuel Credit.--Paragraph (5) of section 6426(d) 
(relating to alternative fuel credit) is amended by inserting ``, and 
December 31, 2019, in the case of any sale or use involving compressed 
or liquefied natural gas)'' after ``hydrogen''.
    (b) Alternative Fuel Mixture Credit.--Paragraph (3) of section 
6426(d) is amended by inserting ``, and December 31, 2019, in the case 
of any sale or use involving compressed or liquefied natural gas)'' 
after ``hydrogen''.
    (c) Payments Relating to Alternative Fuel or Alternative Fuel 
Mixtures.--Paragraph (6) of section 6427(e) is amended--
            (1) in subparagraph (C)--
                    (A) by striking ``subparagraph (D)'' in 
                subparagraph (C) and inserting ``subparagraphs (D) and 
                (E)'', and
                    (B) by striking ``and'' at the end thereof,
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``, and'', and
            (3) by inserting at the end the following:
                    ``(E) any alternative fuel or alternative fuel 
                mixture (as so defined) involving compressed or 
                liquefied natural gas sold or used after December 31, 
                2019.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to fuel sold or used after the date of the enactment of this Act.

SEC. 112. EXTENSION AND MODIFICATION OF NEW QUALIFIED ALTERNATIVE FUEL 
              MOTOR VEHICLE CREDIT.

    (a) In General.--Paragraph (4) of section 30B(k) (relating to 
termination) is amended by inserting ``(December 31, 2019, in the case 
of a vehicle powered by compressed or liquefied natural gas)'' before 
the period at the end.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to property placed in service after the date of the enactment of 
this Act.

SEC. 113. ALLOWANCE OF VEHICLE AND INFRASTRUCTURE CREDITS AGAINST 
              REGULAR AND MINIMUM TAX AND TRANSFERABILITY OF CREDITS.

    (a) Business Credits.--Subparagraph (B) of section 38(c)(4) is 
amended by striking ``and'' at the end of clause (vii), by striking the 
period at the end of clause (ix) and inserting ``, and'', and by 
inserting after clause (ix) the following new clauses:
                            ``(x) the portion of the credit determined 
                        under section 30B which is attributable to the 
                        application of subsection (e)(3) thereof with 
                        respect to new qualified alternative fuel motor 
                        vehicles which are capable of being powered by 
                        compressed or liquefied natural gas, and
                            ``(xi) the portion of the credit determined 
                        under section 30C which is attributable to the 
                        application of subsection (b) thereof with 
                        respect to refueling property which is used to 
                        store and or dispense compressed or liquefied 
                        natural gas.''.
    (b) Personal Credits.--
            (1) New qualified alternative fuel motor vehicles.--
        Subsection (g) of section 30B is amended by adding at the end 
        the following new paragraph:
            ``(3) Special rule relating to certain new qualified 
        alternative fuel motor vehicles.--In the case of the portion of 
        the credit determined under subsection (a) which is 
        attributable to the application of subsection (e)(3) with 
        respect to new qualified alternative fuel motor vehicles which 
        are capable of being powered by compressed or liquefied natural 
        gas--
                    ``(A) paragraph (2) shall (after the application of 
                paragraph (1)) be applied separately with respect to 
                such portion, and
                    ``(B) in lieu of the limitation determined under 
                paragraph (2), such limitation shall not exceed the 
                excess (if any) of--
                            ``(i) the sum of the regular tax liability 
                        (as defined in section 26(b)) plus the 
                        tentative minimum tax for the taxable year, 
                        reduced by
                            ``(ii) the sum of the credits allowable 
                        under subpart A and sections 27 and 30.''.
            (2) Alternative fuel vehicle refueling properties.--
        Subsection (d) of section 30C is amended by adding at the end 
        the following new paragraph:
            ``(3) Special rule relating to certain alternative fuel 
        vehicle refueling properties.--In the case of the portion of 
        the credit determined under subsection (a) with respect to 
        refueling property which is used to store and or dispense 
        compressed or liquefied natural gas and which is attributable 
        to the application of subsection (b)--
                    ``(A) paragraph (2) shall (after the application of 
                paragraph (1)) be applied separately with respect to 
                such portion, and
                    ``(B) in lieu of the limitation determined under 
                paragraph (2), such limitation shall not exceed the 
                excess (if any) of--
                            ``(i) the sum of the regular tax liability 
                        (as defined in section 26(b)) plus the 
                        tentative minimum tax for the taxable year, 
                        reduced by
                            ``(ii) the sum of the credits allowable 
                        under subpart A and sections 27, 30, and the 
                        portion of the credit determined under section 
                        30B which is attributable to the application of 
                        subsection (e)(3) thereof.''.
    (c) Credits May Be Transferred.--
            (1) Vehicle credits.--Subsection (h) of section 30B is 
        amended by adding at the end the following new paragraph:
            ``(11) Transferability of credit.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a taxpayer who places in service any 
                new qualified alternative fuel motor vehicle which is 
                capable of being powered by compressed or liquefied 
                natural gas may transfer the credit allowed under this 
                section by reason of subsection (e) with respect to 
                such vehicle through an assignment to the seller or 
                lessor of such vehicle. Such transfer may be revoked 
                only with the consent of the Secretary.
                    ``(B) Denial of double benefit.--No assignment of a 
                credit allowed under this section by reason of 
                subsection (e) with respect to any new qualified 
                alternative fuel motor vehicle which is capable of 
                being powered by compressed or liquefied natural gas 
                may be made under subparagraph (A) to a taxpayer who 
                has claimed a credit under section 54G with respect to 
                the financing of such vehicle.
                    ``(C) Regulations.--The Secretary shall prescribe 
                such regulations as necessary to ensure that any credit 
                transferred under subparagraph (A) is claimed once and 
                not reassigned by such other person.''.
            (2) Infrastructure credit.--Subsection (e) of section 30C 
        is amended by adding at the end the following new paragraph:
            ``(7) Transferability of credit.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a taxpayer who places in service any 
                qualified alternative fuel vehicle refueling property 
                relating to compressed or liquefied natural gas may 
                transfer the credit allowed under this section with 
                respect to such property through an assignment to the 
                seller or lessor of such property. Such transfer may be 
                revoked only with the consent of the Secretary.
                    ``(B) Denial of double benefit.--No assignment of a 
                credit allowed under this section by reason of 
                subsection (e) with respect to any qualified 
                alternative fuel vehicle refueling property relating to 
                compressed or liquefied natural gas may be made under 
                subparagraph (A) to a taxpayer who has claimed a credit 
                under section 54G with respect to the financing of such 
                property.
                    ``(C) Regulations.--The Secretary shall prescribe 
                such regulations as necessary to ensure that any credit 
                transferred under subparagraph (A) is claimed once and 
                not reassigned by such other person.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to property placed in service after the date of the 
enactment of this Act.

SEC. 114. NATURAL GAS VEHICLE BONDS.

    (a) In General.--Subpart I of part IV of subchapter A of chapter 1 
(relating to qualified tax credit bonds) is amended by adding at the 
end the following new section:

``SEC. 54G. NATURAL GAS VEHICLE BONDS.

    ``(a) Natural Gas Vehicle Bond.--For purposes of this subpart, the 
term `natural gas vehicle bond' means any bond issued as part of an 
issue if--
            ``(1) 100 percent of the available project proceeds of such 
        issue are to be used for capital expenditures incurred by a 
        governmental body for 1 or more qualified natural gas vehicle 
        projects placed in service by such governmental body primarily 
        for governmental or public use,
            ``(2) the bond is issued by a governmental body,
            ``(3) the issuer designates such bond for purposes of this 
        section, and
            ``(4) in lieu of the requirements of section 54A(d)(2), the 
        issue meets the requirements of subsection (c).
    ``(b) Limitation on Amount of Bonds Designated.--
            ``(1) In general.--The maximum aggregate face amount of 
        bonds which may be designated under subsection (a) by any 
        issuer shall not exceed the limitation amount allocated under 
        this subsection to such issuer.
            ``(2) National limitation on amount of bonds designated.--
        There is a national natural gas vehicle bond limitation of 
        $3,000,000,000.
            ``(3) Allocation by secretary.--The Secretary shall 
        allocate the amount described in paragraph (2) among qualified 
        natural gas vehicle projects in such manner as the Secretary 
        determines appropriate.
    ``(c) Special Rules Relating to Expenditures.--
            ``(1) In general.--An issue shall be treated as meeting the 
        requirements of this subsection if, as of the date of issuance, 
        the issuer reasonably expects--
                    ``(A) 100 percent or more of the available project 
                proceeds of such issue are to be spent for 1 or more 
                qualified natural gas vehicle projects within the 5-
                year period beginning on the date of issuance of the 
                natural gas vehicle bond,
                    ``(B) a binding commitment with a third party to 
                spend at least 10 percent of such available project 
                proceeds will be incurred within the 6-month period 
                beginning on the date of issuance of the natural gas 
                vehicle bond, and
                    ``(C) such projects will be completed with due 
                diligence and such available project proceeds will be 
                spent with due diligence.
            ``(2) Extension of period.--Upon submission of a request 
        prior to the expiration of the period described in paragraph 
        (1)(A), the Secretary may extend such period if the issuer 
        establishes that the failure to satisfy the 5-year requirement 
        is due to reasonable cause and the related projects will 
        continue to proceed with due diligence.
            ``(3) Failure to spend required amount of bond proceeds 
        within 5 years.--To the extent that less than 100 percent of 
        the available project proceeds of such issue are expended by 
        the close of the 5-year period beginning on the date of 
        issuance (or if an extension has been obtained under paragraph 
        (2), by the close of the extended period), the issuer shall 
        redeem all of the nonqualified bonds within 90 days after the 
        end of such period. For purposes of this paragraph, the amount 
        of the nonqualified bonds required to be redeemed shall be 
        determined in the same manner as under section 142.
    ``(d) Governmental Body.--For purposes of this section, the term 
`governmental body' means any State or Indian tribal government, or any 
political subdivision thereof.
    ``(e) Qualified Natural Gas Vehicle Project.--For purposes of this 
subpart, the term `qualified natural gas vehicle project' means--
            ``(1) 1 or more new qualified alternative fuel motor 
        vehicles which are capable of being powered by compressed or 
        liquefied natural gas (within the meaning of section 
        30B(e)(4)), or
            ``(2) 1 or more qualified alternative fuel vehicle 
        refueling properties which are used to store and or dispense 
        compressed or liquefied natural gas (within the meaning of 
        section 30C(c)).
    ``(f) Termination.--This section shall not apply with respect to 
any bond issued after December 31, 2019.''.
    (b) Conforming Amendments.--
            (1) Paragraph (1) of section 54A(d) is amended by striking 
        ``or'' at the end of subparagraph (D), by inserting ``or'' at 
        the end of subparagraph (E), and by inserting after 
        subparagraph (E) the following new subparagraph:
                    ``(F) a natural gas vehicle bond,''.
            (2) Subparagraph (C) of section 54A(d)(2) is amended by 
        striking ``and'' at the end of clause (iv), by striking the 
        period at the end of clause (v) and inserting ``, and'', and by 
        adding at the end the following new clause:
                            ``(vi) in the case of a natural gas vehicle 
                        bond, a purpose specified in section 
                        54G(a)(1).''.
    (c) Clerical Amendment.--The table of sections for subpart I of 
part IV of subchapter A of chapter 1 is amended by adding at the end 
the following new item:

``Sec. 54G. Natural gas vehicle bonds.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to bonds issued after the date of the enactment of this Act.

SEC. 115. MODIFICATION OF CREDIT FOR PURCHASE OF VEHICLES FUELED BY 
              COMPRESSED NATURAL GAS OR LIQUIFIED NATURAL GAS.

    (a) Increase in Credit.--Paragraph (2) of section 30B(e) (relating 
to applicable percentage) is amended to read as follows:
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the applicable percentage with respect to any new 
        qualified alternative fuel motor vehicle is--
                    ``(A) except as provided in subparagraphs (B) and 
                (C)--
                            ``(i) 50 percent, plus
                            ``(ii) 30 percent, if such vehicle--
                                    ``(I) has received a certificate of 
                                conformity under the Clean Air Act and 
                                meets or exceeds the most stringent 
                                standard available for certification 
                                under the Clean Air Act for that make 
                                and model year vehicle (other than a 
                                zero emission standard), or
                                    ``(II) has received an order 
                                certifying the vehicle as meeting the 
                                same requirements as vehicles which may 
                                be sold or leased in California and 
                                meets or exceeds the most stringent 
                                standard available for certification 
                                under the State laws of California 
                                (enacted in accordance with a waiver 
                                granted under section 209(b) of the 
                                Clean Air Act) for that make and model 
                                year vehicle (other than a zero 
                                emission standard),
                    ``(B) 80 percent, in the case of vehicles that are 
                only capable of operating on compressed natural gas or 
                liquefied natural gas, or mix-fuel vehicles which are 
                capable of operating on compressed or liquefied natural 
                gas, and
                    ``(C) 50 percent, in the case of vehicles described 
                subsection (e)(4)(A)(i)(II).
        For purposes of the preceding sentence, in the case of any new 
        qualified alternative fuel motor vehicle which weighs more than 
        14,000 pounds gross vehicle weight rating, the most stringent 
        standard available shall be such standard available for 
        certification on the date of the enactment of the Energy Tax 
        Incentives Act of 2005.''.
    (b) Higher Incremental Cost Limits for Natural Gas Vehicles.--
Subsection (e) of section 30B (relating to new qualified alternative 
fuel motor vehicle credit) is amended by adding at the end the 
following new paragraph:
            ``(6) Higher incremental cost limits for natural gas 
        vehicles.--In the case of new qualified alternative fuel motor 
        vehicles with respect to vehicles powered by compressed or 
        liquefied natural gas, paragraph (3) shall be applied--
                    ``(A) in subparagraph (A) by substituting `$12,500' 
                for `$5,000',
                    ``(B) in subparagraph (B) by substituting `$20,000' 
                for `$10,000',
                    ``(C) in subparagraph (C) by substituting `$50,000' 
                for `$25,000', and
                    ``(D) in subparagraph (D) by substituting `$80,000' 
                for `$40,000'.''.
    (c) Effective Date.--The amendment made by this section shall apply 
to property placed in service after the date of the enactment of this 
Act.

SEC. 116. MODIFICATION OF DEFINITION OF NEW QUALIFIED ALTERNATIVE FUEL 
              MOTOR VEHICLE.

    (a) In General.--Clause (i) of section 30B(e)(4)(A) (relating to 
definition of new qualified alternative fuel motor vehicle) is amended 
to read as follows:
                            ``(i) which--
                                    ``(I) is only capable of operating 
                                on an alternative fuel, or
                                    ``(II) is capable of operating on 
                                compressed or liquefied natural gas and 
                                gasoline or diesel fuel, but in no case 
                                shall such vehicle have an operating 
                                range of less than 200 miles on 
                                compressed or liquefied natural gas.''.
    (b) Conversions and Repowers.--Paragraph (4) of section 30B(e) is 
amended by adding at the end the following new subparagraph:
                    ``(C) Conversions and repowers.--
                            ``(i) In general.--The term `new qualified 
                        alternative fuel motor vehicle' includes the 
                        conversion or repower of a new or used vehicle 
                        so that it is capable of operating on an 
                        alternative fuel as it was not previously 
                        capable of operating on an alternative fuel.
                            ``(ii) Treatment as new.--A vehicle which 
                        has been converted to operate on an alternative 
                        fuel shall be treated as new on the date of 
                        such conversion for purposes of this section.
                            ``(iii) Rule of construction.--In the case 
                        of a used vehicle which is converted or 
                        repowered, nothing in this section shall be 
                        construed to require that the motor vehicle be 
                        acquired in the year the credit is claimed 
                        under this section with respect to such 
                        vehicle.''.
    (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.

     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.

    (a) Deduction for Manufacturing Facilities.--Part VI of subchapter 
B of chapter 1 of the Internal Revenue Code of 1986 (relating to 
itemized deductions for individuals and corporations) is amended by 
inserting after section 179E the following new section:

``SEC. 179F. EXPENSING FOR MANUFACTURING FACILITIES PRODUCING VEHICLES 
              FUELED BY COMPRESSED NATURAL GAS OR LIQUIFIED NATURAL 
              GAS.

    ``(a) Treatment as Expenses.--A taxpayer may elect to treat the 
applicable percentage of the cost of any qualified natural gas vehicle 
manufacturing facility property as an expense which is not chargeable 
to a capital account. Any cost so treated shall be allowed as a 
deduction for the taxable year in which the qualified manufacturing 
facility property is placed in service.
    ``(b) Applicable Percentage.--For purposes of subsection (a), the 
applicable percentage is--
            ``(1) 100 percent, in the case of qualified natural gas 
        vehicle manufacturing facility property which is placed in 
        service before January 1, 2015, and
            ``(2) 50 percent, in the case of qualified natural gas 
        vehicle manufacturing facility property which is placed in 
        service after December 31, 2014, and before January 1, 2020.
    ``(c) Election.--
            ``(1) In general.--An election under this section for any 
        taxable year shall be made on the taxpayer's return of the tax 
        imposed by this chapter for the taxable year. Such election 
        shall be made in such manner as the Secretary may by 
        regulations prescribe.
            ``(2) Election irrevocable.--Any election made under this 
        section may not be revoked except with the consent of the 
        Secretary.
    ``(d) Qualified Natural Gas Vehicle Manufacturing Facility 
Property.--For purposes of this section--
            ``(1) In general.--The term `qualified natural gas vehicle 
        manufacturing facility property' means any qualified property--
                    ``(A) the original use of which commences with the 
                taxpayer,
                    ``(B) which is placed in service by the taxpayer 
                after the date of the enactment of this section and 
                before January 1, 2020, and
                    ``(C) no written binding contract for the 
                construction of which was in effect on or before the 
                date of the enactment of this section.
            ``(2) Qualified property.--
                    ``(A) In general.--The term `qualified property' 
                means any property which is a facility or a portion of 
                a facility used for the production of--
                            ``(i) any new qualified alternative fuel 
                        motor vehicle which is capable of being powered 
                        by compressed or liquefied natural gas (within 
                        the meaning of section 30B(e)(4)), or
                            ``(ii) any eligible component.
                    ``(B) Eligible component.--The term `eligible 
                component' means any component which is designed 
                specifically for use in such a new qualified 
                alternative fuel motor vehicle.
    ``(e) Special Rule for Dual Use Property.--
            ``(1) In general.--In the case of any qualified natural gas 
        vehicle manufacturing facility property which is used to 
        produce both property described in clauses (i) and (ii) of 
        subsection (d)(2)(A) and property which is not so described, 
        the amount of costs taken into account under subsection (a) 
        shall be reduced by an amount equal to--
                    ``(A) the total amount of such costs (determined 
                before the application of this subsection), multiplied 
                by
                    ``(B) the percentage of property expected to be 
                produced which is not so described.
            ``(2) Regulations.--The Secretary shall prescribe such 
        regulations as are necessary to carry out the purpose of this 
        subsection.''.
    (b) Refund of Credit for Prior Year Minimum Tax Liability.--Section 
53 (relating to credit for prior year minimum tax liability) is amended 
by adding at the end the following new subsection:
    ``(g) Election To Treat Amounts Attributable to Qualified 
Manufacturing Facility.--
            ``(1) In general.--In the case of an eligible taxpayer, the 
        amount determined under subsection (c) for the taxable year 
        (after the application of subsection (e)) shall be increased by 
        an amount equal to the applicable percentage of any qualified 
        natural gas vehicle manufacturing facility property which is 
        placed in service during the taxable year.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the applicable percentage is--
                    ``(A) 35 percent, in the case of qualified natural 
                gas vehicle manufacturing facility property which is 
                placed in service before January 1, 2015, and
                    ``(B) 17.5 percent, in the case of qualified 
                natural gas vehicle manufacturing facility property 
                which is placed in service after December 31, 2014, and 
                before January 1, 2020.
            ``(3) Eligible taxpayer.--For purposes of this subsection, 
        the term `eligible taxpayer' means any taxpayer--
                    ``(A) who places in service qualified natural gas 
                vehicle manufacturing facility property during the 
                taxable year,
                    ``(B) who does not make an election under section 
                179F(c), and
                    ``(C) who makes an election under this subsection.
            ``(4) Other definitions and special rules.--
                    ``(A) Qualified natural gas vehicle manufacturing 
                facility property.--The term `qualified natural gas 
                vehicle manufacturing facility property' has the 
                meaning given such term under section 179F(d).
                    ``(B) Special rule for dual use property.--In the 
                case of any qualified natural gas vehicle manufacturing 
                facility property which is used to produce both 
                qualified property (as defined in section 179F(d)) and 
                other property which is not qualified property, the 
                amount of costs taken into account under paragraph (1) 
                shall be reduced by an amount equal to--
                            ``(i) the total amount of such costs 
                        (determined before the application of this 
                        subparagraph), multiplied by
                            ``(ii) the percentage of property expected 
                        to be produced which is not qualified property.
                    ``(C) Election.--
                            ``(i) In general.--An election under this 
                        subsection for any taxable year shall be made 
                        on the taxpayer's return of the tax imposed by 
                        this chapter for the taxable year. Such 
                        election shall be made in such manner as the 
                        Secretary may by regulations prescribe.
                            ``(ii) Election irrevocable.--Any election 
                        made under this subsection may not be revoked 
                        except with the consent of the Secretary.
            ``(5) Credit refundable.--For purposes of this title (other 
        than this section), the credit allowed by reason of this 
        subsection shall be treated as if it were allowed under subpart 
        C.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

 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.

    (a) In General.--Subsection (g) of section 30C is amended by 
striking ``and'' at the end of paragraph (1), by redesignating 
paragraph (2) as paragraph (3), and by inserting after paragraph (1) 
the following new paragraph:
            ``(2) in the case of property relating to compressed or 
        liquefied natural gas, after December 31, 2019, and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to property placed in service after the date of the enactment of 
this Act.

SEC. 132. INCREASE IN CREDIT FOR CERTAIN ALTERNATIVE FUEL VEHICLE 
              REFUELING PROPERTIES.

    (a) In General.--Subsection (b) of section 30C is amended to read 
as follows:
    ``(b) Limitation.--The credit allowed under subsection (a) with 
respect to all qualified alternative fuel vehicle refueling property 
placed in service by the taxpayer during the taxable year at a location 
shall not exceed--
            ``(1) except as provided in paragraph (2), $30,000 in the 
        case of a property of a character subject to an allowance for 
        depreciation,
            ``(2) in the case of a compressed natural gas, or liquefied 
        natural gas, the lesser of--
                    ``(A) 50 percent of such cost, or
                    ``(B) $100,000, and
            ``(3) $2,000 in any other case.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service in taxable years beginning after December 
31, 2010.

                    Subtitle D--Natural Gas Vehicles

SEC. 141. NATURAL GAS VEHICLES IN FEDERAL FLEET.

    When complying with mandatory Federal fleet alternative fuel 
vehicle purchase requirements, Federal agencies shall purchase 
dedicated alternative fuel vehicles unless the agency can show that 
alternative fuel is unavailable or purchasing such vehicles would be 
impractical.

SEC. 142. GRANTS FOR NATURAL GAS VEHICLES RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary of Energy may make grants to 
original equipment manufacturers of light duty and heavy duty natural 
gas vehicles for the development of engines that reduce emissions, 
improve performance and efficiency, and lower cost.
    (b) Limitation.--The aggregate amount of grants under subsection 
(a) for any fiscal year shall not exceed $30,000,000.

SEC. 143. SENSE OF THE SENATE ON EPA CERTIFICATION OF NGV RETROFIT 
              KITS.

    It is the sense of the Senate that the Environmental Protection 
Agency should streamline the process for certification of natural gas 
vehicle retrofit kits to promote energy security while still fulfilling 
the mission of the Clean Air Act.

                        TITLE II--NUCLEAR ENERGY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Nuclear Energy Expansion Act of 
2010''.

SEC. 202. FINDINGS; SENSE OF SENATE.

    (a) Findings.--The Senate finds that--
            (1) more than 40 years of experience in the United States 
        relating to commercial nuclear power plants have demonstrated 
        that nuclear reactors can be operated safely;
            (2) in 2007, nuclear power plants produced 19 percent of 
        the electricity generated in the United States;
            (3) nuclear power plants are the only baseload source of 
        emission-free electric generation, emitting no greenhouse gases 
        or criteria pollutants associated with acid rain, smog, or 
        ozone;
            (4) in 2007, nuclear power plants in the United States 
        accounted for more than 73 percent of emission-free electric 
        generation in the United States;
            (5) construction of a new nuclear power plant is estimated 
        to require between 1,400 and 1,800 jobs during a 4-year period, 
        with peak employment reaching as many as 2,400 workers;
            (6)(A) once operational, a new nuclear power plant is 
        estimated to provide 400 to 600 full-time jobs for up to 60 
        years; and
            (B) jobs at nuclear power plants pay, on average, 40 
        percent more than other jobs in surrounding communities;
            (7) revitalization of a domestic manufacturing industry to 
        provide nuclear components for new power plants that can be 
        deployed in the United States and exported for use in global 
        carbon reduction programs will provide thousands of new, high-
        paying jobs and contribute to economic growth in the United 
        States;
            (8) data of the Bureau of Labor Statistics demonstrate that 
        it is safer to work in a nuclear power plant than to work in 
        the real estate or financial sectors;
            (9) economies of scale, sharing of best operation and 
        maintenance practices, and the need to attract engineering 
        students into disciplines important to the design, 
        construction, and operation of nuclear power plants combine to 
        make a fleet consisting of several dozen new nuclear power 
        plants important to the safe, reliable, and economic 
        construction and operation of each plant in the fleet;
            (10) the United States has been a world leader in nuclear 
        science; and
            (11) institutions of higher education in the United States 
        will play a critical role in advancing knowledge about the use 
        and the safety of nuclear energy for the production of 
        electricity.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) Congress should adopt an energy policy that encourages 
        the construction of a new fleet of nuclear power plants 
        beginning in 2010 and continuing through at least 2030;
            (2) Congress should stimulate private sector investment in 
        the manufacturing of nuclear project components in the United 
        States; and
            (3) State and local utility ratemaking authorities should 
        consider permitting utilities to begin recovering construction 
        costs through approved rates during the phase commonly known as 
        the ``construction work in progress'' phase.

                         Subtitle A--Workforce

SEC. 211. TRAINING THE NEXT GENERATION NUCLEAR WORKFORCE.

    (a) Definition of Applicable Period.--In this section, the term 
``applicable period'' means the 5-year period beginning on January 1, 
2012, and each 5-year period thereafter.
    (b) Use of Funds.--Of amounts made available to carry out this 
section for the calendar years in each applicable period--
            (1) the Secretary of Energy shall use such amounts for each 
        applicable period as the Secretary of Energy determines to be 
        necessary to increase the number and amounts of nuclear science 
        talent expansion grants and nuclear science competitiveness 
        grants provided under section 5004 of the America COMPETES Act 
        (42 U.S.C. 16532);
            (2) such sums as are necessary shall be made available to 
        the Secretary of Education for use for each applicable period 
        to support science primary and secondary education in the 
        United States; and
            (3) such sums as are necessary shall be allocated to the 
        Secretary of Labor, in consultation with nuclear energy 
        entities and organized labor, for use for each applicable 
        period to expand workforce training to meet the high demand for 
        workers skilled in nuclear power plant construction and 
        operation, including programs for--
                    (A) electrical craft certification;
                    (B) preapprenticeship career technical education 
                for industrialized skilled crafts that are useful in 
                the construction of nuclear power plants;
                    (C) community college and skill center training for 
                nuclear power plant technicians;
                    (D) training of construction management personnel 
                for nuclear power plant construction projects; and
                    (E) regional grants for integrated nuclear energy 
                workforce development programs.

                    Subtitle B--Nuclear Construction

SEC. 221. IMPROVEMENTS REGARDING EFFICIENCY OF REGULATORY PROCESS.

    (a) Definitions.--In this section:
            (1) Chairman.--The term ``Chairman'' means the Chairman of 
        the Nuclear Regulatory Commission.
            (2) Expedited procedure.--The term ``expedited procedure'' 
        means an expedited procedure--
                    (A) for issuing combined construction and operating 
                licenses for qualified new nuclear reactors; and
                    (B) established by the Chairman under subsection 
                (b)(1).
    (b) Expedited Procedure.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Chairman shall establish and 
        implement an expedited procedure for issuing combined 
        construction and operating licenses for qualified new nuclear 
        reactors.
            (2) Qualifications.--To qualify for the expedited 
        procedure, an applicant shall--
                    (A) apply for the construction of a nuclear reactor 
                based on a design approved by the Chairman;
                    (B) construct the nuclear reactor on a site at 
                which an operating nuclear power plant exists;
                    (C) construct the reactor on a site that has been 
                granted an early site permit;
                    (D) to the satisfaction of the Chairman, establish 
                that there exists broad local public support for the 
                project;
                    (E) as of the date of the application, be an 
                existing nuclear power plant owner or operator that--
                            (i) has a substantial record of safe 
                        operation; and
                            (ii) is in good standing with the Nuclear 
                        Regulatory Commission;
                    (F) submit to the Chairman a complete combined 
                construction and operating license application; and
                    (G) demonstrate sufficient financial commitment to 
                the project, and a preparedness to proceed in earnest 
                once the combined construction and operating license is 
                issued, as demonstrated by--
                            (i) the purchase of, or contract to 
                        purchase, long-lead materials; or
                            (ii) the securing of assured financing.
            (3) Report to congress.--
                    (A) In general.--Not later than 90 days after the 
                date of enactment of this Act, in accordance with 
                subparagraph (B), the Chairman shall submit to the 
                appropriate committees of Congress a report that 
                contains recommendations of the Chairman regarding the 
                development and implementation of procedures that would 
                enable the Chairman to pursue a transparent, fact-based 
                process in a nonadversarial environment in which the 
                Chairman would be capable of making, as expeditiously 
                as practicable, decisions based on sound science and 
                engineering.
                    (B) Requirements.--The recommendations to be 
                included in the report under subparagraph (A) shall 
                propose an efficient process that will allow interested 
                parties that have standing to participate in the 
                proceedings to raise legitimate concerns to be heard 
                and resolved without undue delay.
    (c) Report Regarding Technology-Neutral Plant Design 
Specifications.--Not later than 1 year after the date of enactment of 
this Act, the Chairman shall submit to the appropriate committees of 
Congress a report that contains an outline of an approach that will 
enable the Chairman to develop technology-neutral guidelines for 
nuclear plant licensing in the future, which will allow for a more 
seamless entry of new technologies into the marketplace.
    (d) Additional Funding and Personnel Resources.--Not later than 90 
days after the date of enactment of this Act, the Chairman shall submit 
to Congress a request for such additional funding and personnel 
resources as are necessary to carry out subsections (b) and (c).
    (e) National Laboratory Support.--Each National Laboratory with 
expertise in the field of nuclear energy, in coordination with the 
Chairman, shall dedicate personnel for the support of the expedited 
licensing procedures under subsection (b).
    (f) Inspections, Tests, Analyses, and Acceptance Criteria.--Section 
189 a.(1)(B) of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)(1)(B)) 
is amended--
            (1) by striking clause (ii) and inserting the following:
                            ``(ii) Standard for hearing.--A request for 
                        hearing under clause (i) shall present 
                        substantial evidence that--
                                    ``(I) creates a genuine issue of 
                                material fact regarding whether 1 or 
                                more of the acceptance criteria in the 
                                combined license have been met or will 
                                be met; and
                                    ``(II) describes the specific 
                                operational consequences of 
                                nonperformance that would be contrary 
                                to providing reasonable assurance of 
                                adequate protection of public health 
                                and safety.'';
            (2) in the second sentence of clause (iii), by striking 
        ``prima facie showing'' and inserting ``evidence'';
            (3) by striking clause (iv) and inserting the following:
                            ``(iv) Informal hearing procedures.--The 
                        Commission shall--
                                    ``(I) to the maximum extent 
                                practicable, use informal hearing 
                                procedures that rely on written 
                                submissions of the parties for any 
                                hearing under clause (i); and
                                    ``(II) if the Commission determines 
                                not to use informal hearing procedures, 
                                provide to the parties a statement 
                                describing the rationale for the 
                                determination.''; and
            (4) in the first sentence of clause (v), by striking ``, to 
        the maximum possible extent,''.
    (g) Public Health and Safety.--
            (1) Effect of section.--Nothing in this section supersedes, 
        mitigates, detracts from, or in anyway decreases the ability of 
        the Chairman to maintain the highest possible levels of public 
        health and safety standards for nuclear facilities in the 
        United States.
            (2) Effect of authority provided by section.--No authority 
        provided by this section shall be executed in a manner that 
        jeopardizes, minimizes, reduces, or lessens any public health 
        or safety standard.

SEC. 222. TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM.

    The matter under the heading ``Title 17 Innovative Technology Loan 
Guarantee Program'' under the heading ``ENERGY PROGRAMS'' under the 
heading ``DEPARTMENT OF ENERGY'' of title III of division C of the 
Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 619) is 
amended, in the matter preceding the first proviso--
            (1) by striking ``$47,000,000,000'' and inserting 
        ``$100,000,000,000''; and
            (2) by striking ``$18,500,000,000'' and inserting 
        ``$54,000,000,000''.

SEC. 223. 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--
            (1) by redesignating paragraph (4) as paragraph (7); and
            (2) by inserting after paragraph (3) the following:
            ``(4) Full power operation.--The term `full power 
        operation', with respect to a facility, means the earlier of--
                    ``(A) the commercial operation date (or the 
                equivalent under the terms of the financing documents 
                for the facility); and
                    ``(B) the date on which the facility achieves 
                operation at an average nameplate capacity of 50 
                percent or more during any consecutive 30-day period 
                after the completion of startup testing for the 
                facility.
            ``(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 
        contract, including costs of demobilization and remobilization, 
        increased costs of equipment, materials and labor due to delay 
        (including idle time), increased general and administrative 
        costs, and escalation costs for completing construction.
            ``(6) Litigation.--The term `litigation' means any--
                    ``(A) adjudication in Federal, State, local, or 
                tribal court; and
                    ``(B) any administrative proceeding or hearing 
                before a Federal, State, local, or tribal agency or 
                administrative entity.''.
    (b) Contract Authority.--Section 638(b) of the Energy Policy Act of 
2005 (42 U.S.C. 16014(b)) is amended by striking paragraph (1) and 
inserting the following:
            ``(1) Contracts.--
                    ``(A) In general.--The Secretary may enter into 
                contracts under this section with sponsors of an 
                advanced nuclear facility that cover at any 1 time a 
                total of not more than 12 reactors, which shall consist 
                of not less than 2 nor more than 4 different reactor 
                designs, in accordance with paragraph (2).
                    ``(B) Replacement contracts.--If any contract 
                entered into under this section terminates or expires 
                without a claim being paid by the Secretary under the 
                contract, the Secretary may enter into a new contract 
                under this section in replacement of the contract.''.
    (c) Covered Costs.--Section 638(d) of the Energy Policy Act of 2005 
(42. U.S.C. 16014(d)) is amended by striking paragraphs (2) and (3) and 
inserting the following:
            ``(2) Coverage.--In the case of reactors that receive 
        combined licenses and on which construction is commenced, the 
        Secretary shall pay--
                    ``(A) 100 percent of the covered costs of delay 
                that occur after the initial 30-day period of covered 
                delay; but
                    ``(B) not more than $500,000,000 per contract.
            ``(3) Covered debt obligations.--Debt obligations covered 
        under subparagraph (A) of paragraph (5) shall include debt 
        obligations incurred to pay increased project costs.''.
    (d) Dispute Resolution.--Section 638 of the Energy Policy Act of 
2005 (42 U.S.C. 16014) is amended--
            (1) by redesignating subsections (f) through (h) as 
        subsections (g) through (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Dispute Resolution.--
            ``(1) In general.--Any controversy or claim arising out of 
        or relating to any contract entered into under this section 
        shall be determined by arbitration in Washington, DC, in 
        accordance with the applicable Commercial Arbitration Rules of 
        the American Arbitration Association.
            ``(2) Treatment of decision.--A decision by an arbitrator 
        shall be final and binding, and the United district court for 
        Washington, DC, or the district in which the project is located 
        shall have jurisdiction to enter judgment on the decision.''.
    (e) Quarterly Reports by Commissions.--Section 638 of the Energy 
Policy Act of 2005 (42 U.S.C. 16014) (as amended by subsection (d)) is 
amended by striking subsection (g) and inserting the following:
    ``(g) Quarterly Reports by Commission.--Effective beginning not 
later than 90 days after the date of enactment of the Next Generation 
Energy Security Act of 2010, the Commission shall submit to the 
Committee on Appropriations, and the Committee on Energy and Natural 
Resources, of the Senate and the Committee on Appropriations, and the 
Committee on Energy and Commerce, of the House of Representatives a 
quarterly report that--
            ``(1) describes the status of licensing actions associated 
        with each advanced nuclear facility that is being licensed by 
        the Commission, or covered by a contract under this section;
            ``(2) describes the schedules for completion of the 
        licensing actions, including licensing milestones; and
            ``(3) as necessary, provides an explanation for why 
        licensing milestones have not been met.''.

   Subtitle C--Extension of Duty Suspension for Certain Nuclear Parts

SEC. 231. EXTENSION OF DUTY SUSPENSION FOR CERTAIN PARTS FOR NUCLEAR 
              FACILITIES.

    (a) Steam Generators.--Heading 9902.84.02 of the Harmonized Tariff 
Schedule of the United States is amended to read as follows:


``     9902.84.02      Watertube boilers   Free         No change        No change        On or before 12/  ''.
                        with a steam                                                       31/2020.......
                        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...........

    (b) Reactor Vessel Heads and Pressurizers.--Heading 9902.84.03 of 
the Harmonized Tariff Schedule of the United States is amended to read 
as follows:


``     9902.84.03      Reactor vessel      Free         No change        No change        On or before 12/  ''.
                        heads and                                                          31/2020.......
                        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

    (c) Effective Date.--
            (1) In general.--The amendments made by subsections (a) and 
        (b) apply to articles entered, or withdrawn from warehouse for 
        consumption, on or after the date that is 15 days after the 
        date of the enactment of this Act.
            (2) Retroactive application.--Notwithstanding section 514 
        of the Tariff Act of 1930 (19 U.S.C. 1504) or any other 
        provision of law, upon proper request filed with U.S. Customs 
        and Border Protection not later than the date that is 90 days 
        after the date of the enactment of this Act, any entry of an 
        article described in heading 9902.84.02 or 9902.84.03 of the 
        Harmonized Tariff Schedule of the United States (as amended by 
        this section) that was made--
                    (A) on or after January 1, 2009, and
                    (B) before the date that is 15 days after the date 
                of the enactment of this Act,
        shall be liquidated or reliquidated as though the amendments 
        made by this section applied to the entry.
            (3) Proper requests.--For purposes of paragraph (2), a 
        proper request means a request for liquidation or reliquidation 
        that contains sufficient information to enable U.S. Customs and 
        Border Protection--
                    (A) to locate the entry; or
                    (B) to reconstruct the entry if the entry cannot be 
                located.
            (4) Entry defined.--In this subsection, the term ``entry'' 
        includes a withdrawal from warehouse for consumption.

                       Subtitle D--Tax Provisions

SEC. 241. SPECIAL RULES FOR DEPRECIATION PERIOD FOR NEW NUCLEAR POWER 
              PLANTS.

    (a) 5-Year Recovery Period.--
            (1) In general.--Subparagraph (B) of section 168(e)(3) of 
        the Internal Revenue Code of 1986 is amended by striking 
        ``and'' at the end of clause (vi)(III), 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 property--
                                    ``(I) which is an advanced nuclear 
                                power facility (as defined in section 
                                45J(d)(1), determined without regard to 
                                subparagraph (B) thereof) the original 
                                use of which commences with the 
                                taxpayer after the date of the 
                                enactment of this clause, and
                                    ``(II) with respect to which the 
                                taxpayer makes an election under this 
                                subclause.''.
            (2) Conforming amendment.--Section 168(e)(3)(E)(vii) of the 
        Internal Revenue Code of 1986 is amended by inserting ``and not 
        described in subparagraph (B)(viii) of this paragraph'' after 
        ``section 1245(a)(3)''.
    (b) Special Rules for Property for Which No Election Is Made.--
            (1) In general.--Subsection (i) of section 168 of the 
        Internal Revenue Code of 1986 is amended by adding at the end 
        the following new paragraph:
            ``(20) Special rules for advanced nuclear power 
        facilities.--
                    ``(A) In general.--The amount of any non-electing 
                advanced nuclear power facility which is required to be 
                included in the cost of service for ratemaking purposes 
                with respect to the taxpayer in a year prior to the 
                year such non-electing nuclear power facility is placed 
                in service--
                            ``(i) shall be treated as a separate 
                        tangible asset of the taxpayer for purposes of 
                        this section, and
                            ``(ii) shall be treated as placed in 
                        service in the taxable year in which such 
                        amount is required to be included in the cost 
                        of service for ratemaking purposes.
                    ``(B) Reduction in basis.--The basis of any non-
                electing advanced nuclear power facility shall be 
                reduced by any amount to which subparagraph (A) 
                applies.
                    ``(C) Non-electing advanced nuclear power 
                facility.--For purposes of this paragraph, the term 
                `non-electing advanced nuclear power facility' means 
                any property described in subsection (e)(3)(E)(viii)(I) 
                with respect to which no election is in effect under 
                subsection (e)(3)(E)(viii)(II).''.
    (c) Effective Dates.--
            (1) 5-year recovery period.--The amendments made by 
        subsection (a) shall apply to property placed in service after 
        the date of the enactment of this Act.
            (2) Special rules.--The amendment made by subsection (b) 
        shall apply to amounts paid or incurred after the date of the 
        enactment of this Act.

SEC. 242. INVESTMENT TAX CREDIT FOR NUCLEAR POWER FACILITIES.

    (a) New Credit for Nuclear Power Facilities.--Section 46 of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) the nuclear power facility construction credit.''.
    (b) Nuclear Power Facility Construction Credit.--Subpart E of part 
IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is 
amended by inserting after section 48D the following new section:

``SEC. 48E. NUCLEAR POWER FACILITY CONSTRUCTION CREDIT.

    ``(a) In General.--For purposes of section 46, the nuclear power 
facility construction credit for any taxable year is 10 percent of the 
qualified nuclear power facility expenditures with respect to a 
qualified nuclear power facility.
    ``(b) When Expenditures Taken Into Account.--
            ``(1) In general.--Qualified nuclear power facility 
        expenditures shall be taken into account for the taxable year 
        in which the qualified nuclear power facility is placed in 
        service.
            ``(2) Coordination with subsection (c).--The amount which 
        would (but for this paragraph) be taken into account under 
        paragraph (1) with respect to any qualified nuclear power 
        facility shall be reduced (but not below zero) by any amount of 
        qualified nuclear power facility expenditures taken into 
        account under subsection (c) by the taxpayer or a predecessor 
        of the taxpayer, to the extent any amount so taken into account 
        under subsection (c) has not been required to be recaptured 
        under section 50(a).
    ``(c) Progress Expenditures.--
            ``(1) In general.--A taxpayer may elect to take into 
        account qualified nuclear power facility expenditures--
                    ``(A) in the case of a qualified nuclear power 
                facility which is a self-constructed facility, no 
                earlier than the taxable year for which such 
                expenditures are properly chargeable to capital account 
                with respect to such facility, and
                    ``(B) in the case of a qualified nuclear facility 
                which is not self-constructed property, no earlier than 
                the taxable year in which such expenditures are paid.
            ``(2) Special rules for applying paragraph (1).--For 
        purposes of paragraph (1)--
                    ``(A) Component parts, etc.--Notwithstanding that a 
                qualified nuclear power facility is a self-constructed 
                facility, property described in paragraph (3)(B) shall 
                be taken into account in accordance with paragraph 
                (1)(B), and such amounts shall not be included in 
                determining qualified nuclear power facility 
                expenditures under paragraph (1)(A).
                    ``(B) Certain borrowing disregarded.--Any amount 
                borrowed directly or indirectly by the taxpayer on a 
                nonrecourse basis from the person constructing the 
                facility for the taxpayer shall not be treated as an 
                amount expended for such facility.
                    ``(C) Limitation for facilities or components which 
                are not self-constructed.--
                            ``(i) In general.--In the case of a 
                        facility or a component of a facility which is 
                        not self-constructed, the amount taken into 
                        account under paragraph (1)(B) for any taxable 
                        year shall not exceed the excess of--
                                    ``(I) the product of the overall 
                                cost to the taxpayer of the facility or 
                                component of a facility, multiplied by 
                                the percentage of completion of the 
                                facility or component of a facility, 
                                over
                                    ``(II) the amount taken into 
                                account under paragraph (1)(B) for all 
                                prior taxable years as to such facility 
                                or component of a facility.
                            ``(ii) Carryover of certain amounts.--In 
                        the case of a facility or component of a 
                        facility which is not self-constructed, if for 
                        the taxable year the amount which (but for 
                        clause (i)) would have been taken into account 
                        under paragraph (1)(B) exceeds the amount 
                        allowed by clause (i), then the amount of such 
                        excess shall increase the amount taken into 
                        account under paragraph (1)(B) for the 
                        succeeding taxable year without regard to this 
                        paragraph.
                    ``(D) Determination of percentage of completion.--
                The determination under subparagraph (C) of the portion 
                of the overall cost to the taxpayer of the construction 
                which is properly attributable to construction 
                completed during any taxable year shall be made on the 
                basis of engineering or architectural estimates or on 
                the basis of cost accounting records, using information 
                available at the close of the taxable year in which the 
                credit is being claimed.
                    ``(E) Determination of overall cost.--The 
                determination under subparagraph (C) of the overall 
                cost to the taxpayer of the construction of a facility 
                shall be made on the basis of engineering or 
                architectural estimates or on the basis of cost 
                accounting records, using information available at the 
                close of the taxable year in which the credit is being 
                claimed.
                    ``(F) No progress expenditures for property for 
                year placed in service, etc.--In the case of any 
                qualified nuclear facility, no qualified nuclear 
                facility expenditures shall be taken into account under 
                this subsection for the earlier of--
                            ``(i) the taxable year in which the 
                        facility is placed in service, or
                            ``(ii) the first taxable year for which 
                        recapture is required under section 50(a)(2) 
                        with respect to such facility or for any 
                        taxable year thereafter.
            ``(3) Self-constructed.--For purposes of this subsection--
                    ``(A) In general.--The term `self-constructed 
                facility' means any facility if, at the close of the 
                first taxable year to which the election in this 
                subsection applies, it is reasonable to believe that 
                more than 80 percent of the qualified nuclear facility 
                expenditures for such facility will be made directly by 
                the taxpayer.
                    ``(B) Treatment of components.--A component of a 
                facility shall be treated as not self-constructed if, 
                at the close of the first taxable year in which 
                expenditures for the component are paid, it is 
                reasonable to believe that the cost of the component is 
                at least 5 percent of the expected cost of the 
                facility.
            ``(4) Election.--An election shall be made under this 
        subsection for a qualified nuclear power facility by claiming 
        the nuclear power facility construction credit for expenditures 
        described in paragraph (1) on the taxpayer's return of the tax 
        imposed by this chapter for the taxable year. Such an election 
        shall apply to the taxable year for which made and all 
        subsequent taxable years. Such an election, once made, may be 
        revoked only with the consent of the Secretary.
    ``(d) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Qualified nuclear power facility.--The term 
        `qualified nuclear power facility' means an advanced nuclear 
        facility (as defined in section 45J(d)(2))--
                    ``(A) which, when placed in service, will use 
                nuclear power to produce electricity,
                    ``(B) the construction of which is approved by the 
                Nuclear Regulatory Commission on or before December 31, 
                2020, and
                    ``(C) which is placed in service before January 1, 
                2030.
        Such term shall not include any property which is part of a 
        facility the production from which is allowed as a credit under 
        section 45 for the taxable year or any prior taxable year.
            ``(2) Qualified nuclear power facility expenditures.--
                    ``(A) In general.--The term `qualified nuclear 
                power facility expenditures' means any amount paid, 
                accrued, or properly chargeable to capital account--
                            ``(i) with respect to a qualified nuclear 
                        power facility,
                            ``(ii) for which depreciation will be 
                        allowable under section 168 once the facility 
                        is placed in service, and
                            ``(iii) which is incurred before the 
                        qualified nuclear power facility is placed in 
                        service or in connection with the placement of 
                        such facility in service.
                    ``(B) Pre-effective date expenditures.--Qualified 
                nuclear power facility expenditures do not include any 
                expenditures incurred by the taxpayer before January 1, 
                2010, to the extent that, at the close of the first 
                taxable year to which the election in subsection (c) 
                applies, it is reasonable to believe that such 
                expenditures will constitute more than 20 percent of 
                the total qualified nuclear power facility 
                expenditures.
            ``(3) Delays and suspension of construction.--
                    ``(A) In general.--Except for sales or dispositions 
                between members of the same affiliated group, for 
                purposes of applying this section and section 50, a 
                nuclear power facility that is under construction shall 
                cease, with respect to the taxpayer, to be a qualified 
                nuclear power facility as of the date on which the 
                taxpayer sells, disposes of, or cancels, abandons, or 
                otherwise terminates the construction of, the facility.
                    ``(B) Resumption of construction.--If a nuclear 
                power facility that is under construction ceases, with 
                respect to the taxpayer, to be a qualified nuclear 
                power facility by reason of subparagraph (A) and work 
                is subsequently resumed on the construction of such 
                facility, the qualified nuclear power facility 
                expenditures shall be determined without regard to any 
                delay or temporary termination of construction of the 
                facility.
            ``(4) Special rule for public-private partnerships.--
                    ``(A) In general.--In the case of an qualified 
                nuclear power facility which is owned by a public-
                private partnership or co-owned by a qualified public 
                entity and a non-public entity, any qualified public 
                entity which is a member of such partnership or a co-
                owner of such facility may transfer such entity's 
                credit under subsection (a) to any non-public entity 
                which is a member of such partnership or which is a co-
                owner of such facility, except that the aggregate 
                credits transferred to such non-public entity shall be 
                subject to the limitations under subsections (b) and 
                (c) and section 38.
                    ``(B) Qualified public entity.--For purposes of 
                this subsection, the term `qualified public entity' 
                means--
                            ``(i) a Federal, State, or local government 
                        entity, or any political subdivision or agency 
                        or instrumentality thereof,
                            ``(ii) a mutual or cooperative electric 
                        company described in section 501(c)(12) or 
                        section 1381(a)(2), or
                            ``(iii) a not-for-profit electric utility 
                        which has or had received a loan or loan 
                        guarantee under the Rural Electrification Act 
                        of 1936.
                    ``(C) Verification of transfer of allocation.--A 
                qualified public entity that makes a transfer under 
                paragraph (1), and a nonpublic entity that receives 
                such a transfer, shall provide verification of such 
                transfer in such manner and at such time as the 
                Secretary shall prescribe.
    ``(e) Application of Other Rules.--Rules similar to the rules of 
subsections (c)(4) and (d) of section 46 (as in effect on the day 
before the enactment of the Revenue Reconciliation Act of 1990) shall 
apply for purposes of this section to the extent not inconsistent 
herewith.''.
    (c) Provisions Relating to Credit Recapture.--
            (1) Progress expenditure recapture rules.--
                    (A) Basic rules.--Subparagraph (A) of section 
                50(a)(2) of the Internal Revenue Code of 1986 is 
                amended to read as follows:
                    ``(A) In general.--If during any taxable year any 
                building to which section 47(d) applied or any facility 
                to which section 48E(c) applied ceases (by reason of 
                sale or other disposition, cancellation or abandonment 
                of contract, or otherwise) to be, with respect to the 
                taxpayer, property which, when placed in service, will 
                be a qualified rehabilitated building or a qualified 
                nuclear power facility, then the tax under this chapter 
                for such taxable year shall be increased by an amount 
                equal to the aggregate decrease in the credits allowed 
                under section 38 for all prior taxable years which 
                would have resulted solely from reducing to zero the 
                credit determined under this subpart with respect to 
                such building or facility.''.
                    (B) Amendment to excess credit recapture rule.--
                Subparagraph (B) of section 50(a)(2) of such Code is 
                amended by--
                            (i) inserting ``or paragraph (2) of section 
                        48E(b)'' after ``paragraph (2) of section 
                        47(b)'';
                            (ii) inserting ``or section 48E(b)(1)'' 
                        after ``section 47(b)(1)''; and
                            (iii) inserting ``or facility'' after 
                        ``building''.
                    (C) Amendment of sale and leaseback rule.--
                Subparagraph (C) of section 50(a)(2) of such Code is 
                amended by inserting ``or the qualified nuclear power 
                facility expenditures under section 48E(c)'' after 
                ``47(d)''.
                    (D) Coordination.--Subparagraph (D) of section 
                50(a)(2) of such Code is amended by inserting ``or 
                48E(c)'' after ``section 47(d)''.
    (d) Application of At-Risk Rules.--Subparagraph (C) of section 
49(a)(1) of the Internal Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of clause (v);
            (2) by striking the period at the end of clause (vi) and 
        inserting ``, and''; and
            (3) by inserting after clause (vi) the following new 
        clause:
                            ``(vii) the basis of any property which is 
                        part of a qualified nuclear power facility 
                        under section 48E.''.
    (e) Denial of Double Benefit.--Subsection (c) of section 45J of the 
Internal Revenue Code of 1986 (relating to other limitations) is 
amended by adding at the end the following new paragraph:
            ``(3) Denial of double benefit.--No credit shall be allowed 
        under this section with respect to any facility for which a 
        credit is allowed under section 48C or 48E for such taxable 
        year or any prior taxable year.''.
    (f) Clerical Amendment.--The table of sections for subpart E of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after the item relating to section 48D the 
following new item:

``Sec. 48E. Nuclear power facility construction credit.''.
    (g) Effective Date.--The amendments made by this section shall 
apply to expenditures incurred and property placed in service in 
taxable years beginning after the date of enactment of this Act.

SEC. 243. INCLUSION OF NUCLEAR POWER FACILITIES IN QUALIFYING ADVANCED 
              ENERGY PROJECT CREDIT.

    (a) In General.--Subparagraph (A) of section 48C(c)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``or'' at the end 
of subclause (VI), by redesignating subclause (VII) as subclause (VIII) 
and , and by inserting after subclause (VI) the following new 
subclause:
                                    ``(VII) property designed to be 
                                used to produce energy from an advanced 
                                nuclear power facility (as defined in 
                                section 45J(d)(1), determined without 
                                regard to subparagraph (B) thereof), 
                                or''.
    (b) Increase in Credit Allocation Limitation.--Subparagraph (B) of 
section 48C(d)(1) of the Internal Revenue Code of 1986 is amended by 
striking ``$2,300,000,000'' and inserting ``$5,000,000,000''.
    (c) Extension of Application Period.--Subparagraph (A) of section 
48C(d)(2) of the Internal Revenue Code of 1986 is amended by striking 
``2-year period'' and inserting ``3-year period''.
    (d) Extension of Period of Issuance.--Subparagraph (C) of section 
48C(d)(2) of the Internal Revenue Code of 1986 is amended by striking 
``3 years'' and inserting ``5 years''.
    (e) Coordination With Nuclear Power Facility Construction Credit.--
Subsection (e) of section 48C of the Internal Revenue Code of 1986 is 
amended by striking ``or 48B'' and inserting ``48B, or 48D''.
    (f) Effective Date.--The amendments made by this section shall 
apply to periods beginning after the date of the enactment of this Act, 
under rules similar to the rules of section 48(m) of the Internal 
Revenue Code of 1986 (as in effect on the day before the date of the 
enactment of the Revenue Reconciliation Act of 1990).

SEC. 244. MODIFICATION OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR 
              POWER FACILITIES.

    (a) In General.--
            (1) Increase in national limitation.--Paragraph (2) of 
        section 45J(b) of the Internal Revenue Code (relating to 
        national limitation) is amended by striking ``6,000 megawatts'' 
        and inserting ``8,000 megawatts''.
            (2) Extension of credit.--Subparagraph (B) of section 
        45J(d)(1) of the Internal Revenue Code of 1986 is amended by 
        striking ``2021'' and inserting ``2031''.
    (b) Allocation of Credit to Private Partners of Tax-Exempt 
Entities.--
            (1) In general.--Section 45J of the Internal Revenue Code 
        of 1986 (relating to credit for production from advanced 
        nuclear power facilities) is amended--
                    (A) by redesignating subsection (e) as subsection 
                (f); and
                    (B) by inserting after subsection (d) the following 
                new subsection:
    ``(e) Special Rule for Public-Private Partnerships.--
            ``(1) In general.--In the case of an advanced nuclear power 
        facility which is owned by a public-private partnership or co-
        owned by a qualified public entity and a non-public entity, any 
        qualified public entity which is a member of such partnership 
        or a co-owner of such facility may transfer such entity's 
        credit under subsection (a) to any non-public entity which is a 
        member of such partnership or which is a co-owner of such 
        facility, except that the aggregate allocations of such credit 
        claimed by such non-public entity shall be subject to the 
        limitations under subsections (b) and (c) and section 38.
            ``(2) Qualified public entity.--For purposes of this 
        subsection, the term `qualified public entity' means--
                    ``(A) a Federal, State, or local government entity, 
                or any political subdivision or agency or 
                instrumentality thereof,
                    ``(B) a mutual or cooperative electric company 
                described in section 501(c)(12) or section 1381(a)(2), 
                or
                    ``(C) a not-for-profit electric utility which has 
                or had received a loan or loan guarantee under the 
                Rural Electrification Act of 1936.
            ``(3) Verification of transfer of allocation.--A qualified 
        public entity that makes a transfer under paragraph (1), and a 
        nonpublic entity that receives an allocation under such a 
        transfer, shall provide verification of such transfer in such 
        manner and at such time as the Secretary shall prescribe.''.
            (2) Coordination with general business credit.--Subsection 
        (c) of section 38 of such Code (relating to limitation based on 
        amount of tax) is amended by adding at the end the following 
        new paragraph:
            ``(6) Special rule for credit for production from advanced 
        nuclear power facilities.--
                    ``(A) In general.--In the case of the credit for 
                production from advanced nuclear power facilities 
                determined under section 45J(a), paragraph (1) shall 
                not apply with respect to any qualified public entity 
                (as defined in section 45J(e)(2)) which transfers the 
                entity's allocation of such credit to a non-public 
                partner or a co-owner of such facility as provided in 
                section 45J(e)(1).
                    ``(B) Verification of transfer.--Subparagraph (A) 
                shall not apply to any qualified public entity unless 
                such entity provides verification of a transfer of 
                credit allocation as required under section 
                45J(e)(3).''.
            (3) Special rule for proceeds of transfers for mutual or 
        cooperative electric companies.--Section 501(c)(12) of such 
        Code is amended by adding at the end the following new 
        subparagraph:
                    ``(I) In the case of a mutual or cooperative 
                electric company described in this paragraph or an 
                organization described in section 1381(a)(2), income 
                received or accrued from a transfer described in 
                section 45J(e)(1) shall be treated as an amount 
                collected from members for the sole purpose of meeting 
                losses and expenses.''.
    (c) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to electricity produced in taxable years beginning after 
        the date of the enactment of this Act.
            (2) Allocation of credit.--The amendments made by 
        subsection (b) shall apply to taxable years beginning after the 
        date of the enactment of this Act.

SEC. 245. NUCLEAR JOB CREATION TAX CREDIT.

    (a) In General.--Subpart F of part IV subchapter A of chapter 1 of 
the Internal Revenue Code of 1986 is amended by inserting after section 
51 the following new section:

``SEC. 51A. NUCLEAR JOB CREATION CREDIT.

    ``(a) In General.--In the case of any employer which operates a 
commercial nuclear power plant--
            ``(1) a qualified worker shall be treated as a member of a 
        targeted group,
            ``(2) the amount of the credit determined under section 51 
        with respect to such qualified worker shall include--
                    ``(A) 30 percent of the qualified second-year wages 
                of qualified workers,
                    ``(B) 20 percent of the qualified third-year wages 
                of qualified workers, and
                    ``(C) 25 percent of the qualified non-wage training 
                expenses with respect to such qualified workers,
            ``(3) section 51(b)(3) shall not apply with respect to any 
        qualified worker,
            ``(4) section 51(c)(4) shall be applied to qualified 
        workers by substituting `December 31, 2030' for `August 31, 
        2011', and
            ``(5) section 51(i)(2) shall not apply with respect to any 
        qualified worker.
    ``(b) Qualified Worker.--
            ``(1) In general.--For purposes of this section, the term 
        `qualified worker' means an individual who meets the 
        requirements of paragraphs (2), (3), and (4).
            ``(2) Training requirement.--An individual meets the 
        requirements of this paragraph if such individual is--
                    ``(A) a participant in an apprenticeship program 
                which is registered with the Department of Labor (or, 
                in the case of an apprenticeship program in a State not 
                covered by the Department of Labor Apprenticeship 
                Program, registered with a State apprenticeship agency) 
                and which is for the training of--
                            ``(i) boilermakers,
                            ``(ii) masons,
                            ``(iii) ironworkers,
                            ``(iv) sheet metal workers,
                            ``(v) electricians,
                            ``(vi) plumbers or pipelayers,
                            ``(vii) machinists,
                            ``(viii) steelworkers,
                            ``(ix) millwrights, or
                            ``(x) welders,
                    ``(B) a participant in a Nuclear Regulatory 
                Commission accepted accredited program of the Institute 
                of Nuclear Power Operations' National Academy for 
                Nuclear Training for--
                            ``(i) power plant operators,
                            ``(ii) radiation protection technicians,
                            ``(iii) chemistry technicians,
                            ``(iv) electrical maintenance technicians, 
                        or
                            ``(v) mechanical maintenance technicians, 
                        or
                    ``(C) receiving training to meet the requirements 
                to be a--
                            ``(i) nondestructive examination 
                        technician,
                            ``(ii) radiation protection technician,
                            ``(iii) nuclear quality assurance 
                        technician, or
                            ``(iv) nuclear quality control technician.
            ``(3) Training facility requirement.--An individual meets 
        the requirements of this paragraph if such individual receives 
        training described in subparagraph (A) at a Nuclear Regulatory 
        Commission compliant facility.
            ``(4) Only new trainees included.--An individual meets the 
        requirements of this paragraph if the individual first began 
        receiving the training described in subparagraph (A) on or 
        after January 1, 2010.
    ``(c) Qualified Second-Year Wages; Qualified Third-Year Wages; 
Qualified Non-Wage Training Expenses.--For purposes of this section--
            ``(1) Qualified second-year wages.--The term `qualified 
        second year wages' means, with respect to any qualified worker, 
        wages paid or incurred during the 1-year period beginning on 
        the first year anniversary of the day on which the individual 
        began work for the employer as a qualified worker.
            ``(2) Qualified third-year wages.--The term `qualified 
        third year wages' means, with respect to any qualified worker, 
        wages paid or incurred during the 1-year period beginning on 
        the second year anniversary of the day on which the individual 
        began work for the employer as a qualified worker.
            ``(3) Qualified non-wage training expenses.--
                    ``(A) In general.--The term `qualified non-wage 
                training expenses' means--
                            ``(i) instructor expenses attributable to 
                        training qualified workers,
                            ``(ii) travel costs attributable to 
                        training qualified workers,
                            ``(iii) tuition costs attributable to 
                        training qualified workers, and
                            ``(iv) equipment and materials attributable 
                        to training qualified workers (other than 
                        equipment and materials included in products 
                        produced for sale or use).
                    ``(B) Shared expenses and costs.--In the case of 
                any expenses or costs attributable to both qualified 
                workers and others, such expenses and costs shall be 
                apportioned on a reasonable basis.
    ``(d) Other Definitions.--For purposes of this subsection--
            ``(1) Commercial nuclear power plant.--The term `commercial 
        nuclear power plant' means a facility that uses nuclear energy 
        to produce electricity for distribution and commercial sale.
            ``(2) Nuclear regulatory commission compliant facility.--
        The term `Nuclear Regulatory Commission compliant facility' 
        means a facility--
                    ``(A) that has a quality assurance program 
                compliant with appendix B to part 50 of title 10, Code 
                of Federal Regulations,
                    ``(B) licensed by the Nuclear Regulatory Commission 
                under part 40, 50, 52, 70 or 76 of title 10, Code of 
                Federal Regulations, or
                    ``(C) that holds a nuclear certificate issued by 
                the American Society of Mechanical Engineers.
            ``(3) Training.--The term `training' includes classroom 
        training, on-the-job training, self-study, preparation for 
        licensing or proficiency examinations and work required to 
        provide the necessary experience to obtain a license, obtain a 
        certification, or obtain an accreditation to serve in that 
        occupation at a Nuclear Regulatory Commission compliant 
        facility.
            ``(4) Nondestructive examination technician.--The term 
        `nondestructive examination technician' means an individual 
        qualified to perform nondestructive examination under the 
        standards of the American Society for Nondestructive Testing.
            ``(5) Radiation protection technician.--The term `radiation 
        protection technician' means an individual qualified under the 
        American National Standards Institute standard ANSI 3.1.
            ``(6) Nuclear quality assurance technician.--The term 
        `nuclear quality assurance technician' means an individual 
        qualified for such position under the American National 
        Standards Institute standard ANSI 3.1.
            ``(7) Nuclear quality control technician.--The term 
        `nuclear quality control technician' means an individual 
        qualified for such position under the American National 
        Standards Institute standard ANSI 3.1.
            ``(8) ANSI 3.1.--The term `ANSI 3.1' means the American 
        National Standards Institute standard defining the 
        qualifications for those positions set forth in paragraph 
        (2)(C).''.
    (b) Clerical Amendment.--The table of sections for subpart F of 
part IV subchapter A of chapter 1 of the Internal Revenue Code of 1986 
is amended by inserting after the item relating to section 51 the 
following new item:

``Sec. 51A. Nuclear job creation credit.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

              Subtitle E--United States Used Nuclear Fuel

SEC. 251. UNITED STATES USED NUCLEAR FUEL.

    The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended 
by adding at the end the following:

          ``TITLE III--UNITED STATES USED FUEL MANAGEMENT PLAN

``SEC. 3001. PURPOSES.

    ``The purposes of this title are--
            ``(1) to manage the commercial used nuclear fuel 
        enterprise, waste forms, or any other generated material that 
        is stored temporally above or below ground, or stored 
        permanently in an underground geological repository;
            ``(2) to continue responsibility for the activities, 
        obligations, and resources of the Federal Government with 
        respect to used nuclear fuel management, including the duties 
        and powers of--
                    ``(A) the Secretary, with respect to the Nuclear 
                Waste Fund;
                    ``(B) the Office of Civilian Radioactive Waste 
                Management, established under section 304(a) of the 
                Nuclear Waste Policy Act of 1982 (42 U.S.C. 10224(a)); 
                and
                    ``(C) the Energy Policy Act of 1992 (42 U.S.C. 
                13201 et seq.), with respect to advanced reactors;
            ``(3) to ensure in the United States--
                    ``(A) the common defense and security;
                    ``(B) the enforcement of laws and policies 
                concerning nonproliferation of atomic weapons and other 
                nonpeaceful uses of atomic energy; and
                    ``(C) the world leadership in solutions with used 
                nuclear fuel treatment and reuse;
            ``(4) to advance the technologies and facilities of the 
        United States to recycle used nuclear fuel into useable reactor 
        fuel in a manner that would--
                    ``(A) reduce high-level radioactive waste volume in 
                the United States;
                    ``(B) reduce the long-term radiotoxicity of high-
                level radioactive waste in the United States;
                    ``(C) increase sustainability of the nuclear fuel 
                cycle; and
                    ``(D) provide for the safe, secure disposal of 
                nuclear materials;
            ``(5) to sustain and expand the role of nuclear energy in 
        meeting the requirements of the United States for clean, safe, 
        reliable, and affordable energy; and
            ``(6) to carry out other activities to advance the purposes 
        described in this section.

``SEC. 3002. DEFINITIONS.

    ``In this title:
            ``(1) Agreement.--The term `agreement' means a used fuel 
        storage facility agreement entered into under section 3012(a).
            ``(2) Council.--The term `Council' means the Generation IV 
        Nuclear Recycling Council established under section 
        3043(c)(3)(A).
            ``(3) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(4) Decommissioning; decontamination.--The terms 
        `decommissioning' and `decontamination', with respect to an 
        activity, include any activity other than a response action or 
        corrective action carried out to decontaminate or decommission 
        a facility for spent nuclear fuel management that has residual 
        radioactive or mixed radioactive and hazardous chemical 
        contamination (including depleted tailings).
            ``(5) Demonstration.--The term `Demonstration' means the 
        Next Generation Reactor System established under section 
        3041(a).
            ``(6) Department.--The term `Department' means the 
        Department of Energy.
            ``(7) First used fuel receipt.--The term `first used fuel 
        receipt' means a receipt of used fuel by a used fuel storage 
        facility at a site that is located within the jurisdiction of a 
        unit of local government that is a party to an agreement.
            ``(8) Fission product.--The term `fission product' means 
        each atomic element that is produced when atoms fission into 
        fragments (which is considered waste for geological disposal).
            ``(9) Heat generation.--The term `heat generation' means 
        the quantity of heat that is generated from material containing 
        radioactive material.
            ``(10) High-level radioactive waste.--
                    ``(A) In general.--The term `high-level radioactive 
                waste' means--
                            ``(i) highly radioactive material resulting 
                        from the recycling of spent nuclear fuel and 
                        any other material from that waste that 
                        contains fission products or transuranics 
                        (above 10,000 nCi/l) in sufficient 
                        concentrations;
                            ``(ii) other highly radioactive material 
                        that the Chairman of the Commission, consistent 
                        with each applicable Federal law (including 
                        regulations), determines by rule to require 
                        permanent isolation; and
                            ``(iii) uranium fuel that has been used in 
                        a water-cooled nuclear power reactor and is--
                                    ``(I) spent or used (including fuel 
                                that is thermally hot, as well as 
                                highly radioactive, and requires remote 
                                handling and shielding); or
                                    ``(II) no longer efficient in 
                                generating power to the reactor to 
                                produce electricity.
                    ``(B) Exclusion.--The term `high-level radioactive 
                waste' does not include waste incidental to recycling.
            ``(11) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            ``(12) National laboratory.--The term `National Laboratory' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            ``(13) Waste incidental to recycling.--
                    ``(A) In general.--The term `waste incidental to 
                recycling' means waste material resulting from the 
                recycling of spent nuclear fuel, including liquid waste 
                produced directly in recycling, and any solid material 
                derived from the liquid waste, that contains fission 
                products to be classified as high-level radioactive 
                waste.
                    ``(B) Determination of high-level radioactive 
                waste.--For purposes of this definition, liquid waste 
                described in subparagraph (A) shall not be considered 
                to be highly radioactive or of sufficient concentration 
                if the liquid waste--
                            ``(i) has been processed to remove key 
                        radionuclides to the maximum extent that is 
                        technically and economically practicable;
                            ``(ii)(I) meets Class C concentrations 
                        under part 61 of title 10, Code of Federal 
                        Regulations (or successor regulations); or
                            ``(II) will meet the performance objectives 
                        described in subpart C of part 61 of title 10, 
                        Code of Federal Regulations (or successor 
                        regulations), if disposed of in a near-surface 
                        disposal site based on a site specific 
                        performance assessment; and
                            ``(iii) is resistant to the release of 
                        radionuclides.
            ``(14) Nuclear waste fund.--The term `Nuclear Waste Fund' 
        means the Nuclear Waste Fund established under section 302 of 
        the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).
            ``(15) Region.--The term `region' means a geographical area 
        of the United States--
                    ``(A) that is defined by the borders of 1 or more 
                States; and
                    ``(B) the adjustment of which is subject to the 
                agreement of each State that is included in the 
                geographical area.
            ``(16) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(17) Transuranic.--
                    ``(A) In general.--The term `transuranic', as used 
                with respect to an element, means that the element has 
                an atomic number that is greater than that of uranium.
                    ``(B) Inclusions.--The term `transuranic', as used 
                with respect to an element, includes elements such as--
                            ``(i) neptunium;
                            ``(ii) plutonium;
                            ``(iii) americium; and
                            ``(iv) curium.
            ``(18) Unit of local government.--The term `unit of local 
        government' means any borough, city, county, parish, town, 
        township, village, or other general purpose political 
        subdivision of a State, or association of 2 or more political 
        subdivisions of a State.
            ``(19) Used fuel.--The term `used fuel' means uranium 
        dioxide fuel that has been--
                    ``(A) placed in a nuclear power reactor for power 
                operation; and
                    ``(B) subsequent to the event described in 
                subparagraph (A), removed from the nuclear power 
                reactor described in that subparagraph.
            ``(20) Weapons material.--The term `weapons material' means 
        highly enriched uranium and plutonium that is derived from--
                    ``(A) a nuclear weapon; or
                    ``(B) material derived from the process of 
                manufacturing a nuclear weapon.

                  ``Subtitle A--Regional Storage Sites

``SEC. 3011. ESTABLISHMENT OF REGIONAL STORAGE SITES.

    ``To establish 1 or more regional storage sites, the Secretary may 
carry out the activities and obligations, and use the resources, of the 
Federal Government with respect to used nuclear fuel management, 
including the duties and powers of--
            ``(1) the Secretary relating to nuclear waste;
            ``(2) the Office of Civilian Radioactive Waste Management, 
        established under section 304(a) of the Nuclear Waste Policy 
        Act of 1982 (42 U.S.C. 10224(a)); and
            ``(3) the Secretary to purchase, lease, or otherwise access 
        facilities and property useful for used nuclear fuel management 
        purposes, including property and facilities of the Department 
        necessary for storage, processing, or fuel fabrication 
        involving materials containing plutonium.

``SEC. 3012. INCENTIVES FOR SITING OF USED FUEL STORAGE FACILITIES.

    ``(a) Authorization.--The Secretary shall offer to enter into used 
fuel storage facility agreements in accordance with this section.
    ``(b) Notice From Units of Local Government to Secretary.--Not 
later than 300 days after the date of enactment of this section, 
representatives of a unit of local government, or an entity that holds 
title to private land located within the jurisdiction of the unit of 
local government, may submit to the Secretary written notice that the 
unit of local government is willing to have a used fuel interim storage 
facility located at an identified site within the jurisdiction of the 
units of local government.
    ``(c) Preliminary Compensation.--
            ``(1) In general.--The Secretary shall--
                    ``(A) make payments of $5,000,000 each year to not 
                more than 10 units of local government that have 
                submitted notices under subsection (b); and
                    ``(B) make payments of $10,000,000 each year to a 
                unit of local government described in subparagraph (A) 
                if the site located within the jurisdiction of the unit 
                of local government contains used nuclear fuel as of 
                the date on which the notice of the unit of local 
                government is submitted.
            ``(2) Multiple notices.--If more than 10 notices are 
        received under subsection (b), the Secretary shall make 
        payments to the first 10 units of local government, based on 
        the order in which the notices are received.
            ``(3) Timing.--The payments shall be made annually for a 3-
        year period, with the first payment to be made on the 
        anniversary date of the filing of the notice under subsection 
        (b), and subsequent payments to be made annually on the date on 
        which the used fuel is placed on the site.
    ``(d) Agreement.--
            ``(1) In general.--On the docketing of an application for a 
        license for an interim used fuel storage facility at a site 
        within the jurisdiction of a unit of local government by the 
        Chairman of the Commission, the Secretary shall offer to enter 
        into an interim used fuel storage facility economic impact 
        agreement with the unit of local government to include 
        prospective used fuel treatment and recycling facilities.
            ``(2) Terms and conditions.--An agreement between the 
        Secretary and a unit of local government under this subsection 
        shall contain such terms and conditions (including such 
        financial and institutional arrangements) as the Secretary and 
        the unit of local government determine to be reasonable and 
        appropriate.
            ``(3) Amendment.--An agreement may be--
                    ``(A) amended only with the mutual consent of the 
                parties to the agreement; and
                    ``(B) terminated only in accordance with paragraph 
                (4).
            ``(4) Termination.--The Secretary shall terminate an 
        agreement if the Secretary determines that any major element of 
        the used fuel treatment or interim storage facility required 
        under the agreement will not be completed by the date that is 5 
        years after the date on which the agreement was entered into.
            ``(5) Number of agreements.--Not more than 10 agreements 
        may be in effect at any time.
            ``(6) Payment schedule.--
                    ``(A) In general.--If the Secretary enters into an 
                agreement under this subsection, the Secretary shall 
                make to the unit of local government and the State in 
                which the unit of local government is located--
                            ``(i) payments of--
                                    ``(I) on the date of entering into 
                                the agreement under this subsection, 
                                $10,000,000; and
                                    ``(II) during the period beginning 
                                on the date of entering into an 
                                agreement and ending on the date of 
                                first used fuel receipt or denial of 
                                the license application for an interim 
                                used fuel storage facility by the 
                                Chairman of the Commission, whichever 
                                is later, $20,000,000 for each year; 
                                and
                            ``(ii) a payment of $20,000,000 on closure 
                        of the facility.
                    ``(B) Timing of annual payments.--In the case of 
                annual payments described in subparagraph (A)(i)(II), 
                the Secretary shall make annual payments on the 
                anniversary of the date of the docketing of the license 
                application by the Chairman of the Commission.
                    ``(C) Termination of authority.--Subject to 
                subparagraph (A)(ii), the authority to make payments 
                under this paragraph terminates on the date of closure 
                of the facility.

``SEC. 3013. ACCEPTANCE, STORAGE, AND SETTLEMENT OF CLAIMS.

    ``(a) In General.--The Secretary shall offer to enter into a long-
term contract for the interim storage of used fuel from civilian 
nuclear power plants with a private entity that owns or operates 1 or 
more facilities licensed by the Commission that is located within the 
jurisdiction of a unit of local government to which payments are made 
pursuant to section 3012(d).
    ``(b) Settlement and Acceptance of Used Fuel.--
            ``(1) In general.--At the request of a party to a contract 
        under section 302(a) of the Nuclear Waste Policy Act of 1982 
        (42 U.S.C. 10222(a)), the Secretary may enter into an agreement 
        for the settlement of all claims against the Secretary under a 
        contract for failure to dispose of high-level radioactive waste 
        or used nuclear fuel not later than January 31, 1998.
            ``(2) Terms and conditions.--A settlement agreement 
        described in paragraph (1)--
                    ``(A) shall contain such terms and conditions 
                (including such financial and institutional 
                arrangements) as the Secretary and the party to the 
                contract determine to be reasonable and appropriate; 
                and
                    ``(B) may include the acceptance of used fuel from 
                the party to the contract for storage at a facility 
                with respect to which the Secretary has a long-term 
                contract under paragraph (1).
    ``(c) Effect of Acceptance.--Acceptance of used fuel by the 
Secretary under subsection (b) shall constitute transfer of title to 
the Secretary.
    ``(d) Priority for Acceptance for Closed Facilities.--If a request 
for fuel acceptance is made under subsection (b) by a facility that has 
produced used nuclear fuel and that is shut down permanently and the 
facility has been decommissioned, the Secretary shall provide priority 
for the acceptance of the fuel produced by the facility.

``SEC. 3014. WASTE CONFIDENCE.

    ``For purposes of a determination by the Chairman of the Commission 
on whether to grant, amend, or renew any license under the Atomic 
Energy Act of 1954 (42 U.S.C. 2011 et seq.), the obligation of the 
Secretary to develop a repository in accordance with the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10101 et seq.) shall provide sufficient 
and independent grounds for any further findings by the Commission of 
reasonable assurances that used nuclear fuel and high-level radioactive 
waste would be disposed of safely and in a timely manner.

 ``Subtitle B--Integrated Plan for Used Fuel Treatment, Recycling, and 
                  Next-generation Reactor Development

``SEC. 3021. STATEMENT OF POLICY.

    ``It is the policy of the United States to recycle used nuclear 
fuel--
            ``(1) to advance energy independence;
            ``(2) to maximize the energy potential of nuclear fuel in a 
        proliferation-resistant manner; and
            ``(3) to reduce the volume and toxicity of high-level 
        radioactive waste dedicated to a permanent Federal repository.

``SEC. 3022. ESTABLISHMENT OF PARTNERSHIPS.

    ``(a) Authority of Secretary.--The Secretary shall offer to enter 
into partnerships with members of private industry.
    ``(b) Requirements.--In carrying out subsection (a), the Secretary 
shall--
            ``(1) establish demonstration projects; and
            ``(2) coordinate research and development to advance the 
        policy described in section 3021.

            ``Subtitle C--Used Fuel Treatment and Recycling

``SEC. 3031. USED FUEL TREATMENT AND RECYCLING CENTERS.

    ``(a) In General.--The Secretary shall designate commercial used 
fuel treatment and recycling centers for licensing and operation at 1 
or more sites described in section 3012(d)(1).
    ``(b) Purposes.--The Secretary shall carry out subsection (a)--
            ``(1) to reduce high-level radioactive waste volume in the 
        United States;
            ``(2) to reduce the long-term radiotoxicity of high-level 
        radioactive waste in the United States;
            ``(3) to demonstrate and develop technologies that would 
        increase the sustainability of the nuclear fuel cycle;
            ``(4) to research, develop, and demonstrate advanced data 
        monitoring and measurement techniques for materials 
        accountability; and
            ``(5) to demonstrate scalable proliferation-resistant 
        systems for the treatment and recycling of used fuel.
    ``(c) Public-Private Cooperative Agreements; Contracts.--
            ``(1) Cooperative agreements.--In carrying out this 
        section, the Secretary may offer to enter into 1 or more 
        public-private cooperative agreements.
            ``(2) Contracts.--The Secretary shall use amounts 
        transferred from the Nuclear Waste Fund, and such other amounts 
        as are appropriated to carry out this section, to offer to 
        enter into and carry out 1 or more long-term contracts with 
        private sector entities for the treatment and recycling of used 
        nuclear fuel.
            ``(3) Competitive selection.--Cooperative agreements and 
        contracts shall be awarded on the basis of a competitive 
        bidding process that is carried out--
                    ``(A) to maximize the competitive efficiency and 
                use of private capital for the projects funded;
                    ``(B) to best serve the mission of the Department 
                to reduce high-level radioactive waste volume and 
                radiotoxicity;
                    ``(C) to maximize the viability of recycled 
                materials for use in commercially available reactors; 
                and
                    ``(D) to ensure sufficient protection against the 
                proliferation of nuclear materials that could be used 
                to manufacture nuclear weapons.
    ``(d) Requirements.--In carrying out this section, the Secretary 
shall--
            ``(1) consider the various technologies available for the 
        treatment and recycling of used fuel that do not separate pure 
        plutonium;
            ``(2) ensure the use of scalable, proliferation-resistant 
        systems;
            ``(3) ensure the completion of detailed engineering and 
        cost estimates for the project;
            ``(4) prepare a plan for the colocated interim storage of 
        high-level radioactive waste;
            ``(5) manage the transfer of materials for the purpose of 
        treatment, recycling, and new fuel fabrication;
            ``(6) conduct an appropriate safety and environmental 
        analysis; and
            ``(7) in accordance with applicable licensing requirements, 
        ensure the disposal of low-level radioactive waste and 
        transuranic waste.

``SEC. 3032. PRICE-ANDERSON COVERAGE.

    ``Section 170 shall apply to any used nuclear fuel management 
facility--
            ``(1) owned or operated by, or under contract with, the 
        Department;
            ``(2) licensed under section 53, 63, or 103; and
            ``(3) constructed after the date of enactment of this 
        title.

     ``Subtitle D--Demonstration of Next Generation Reactor System

``SEC. 3041. NEXT GENERATION REACTOR SYSTEM.

    ``(a) Establishment.--As soon as practicable after the date of 
enactment of this title, the Secretary shall establish a demonstration 
project to be known as the `Next Generation Reactor System'.
    ``(b) Content.--The Demonstration shall consist of the development, 
design, construction, operation, and supporting research of a prototype 
reactor plant, building from the experience of the United States, 
that--
            ``(1) is based on research and development activities 
        supported by applicable programs;
            ``(2) meets the intent of the Energy Policy Act of 1992 (42 
        U.S.C. 13201 et seq.); and
            ``(3) shall be used--
                    ``(A) to recover contaminated uranium from a 
                complex under the jurisdiction of the Department;
                    ``(B) to demonstrate that--
                            ``(i) separated transuranics may fuel 
                        nuclear reactors; and
                            ``(ii) the resulting waste of the process 
                        described in clause (i) is not a significant 
                        long-term geological burden; and
                    ``(C) to facilitate the use of weapons material for 
                initial reactor operation for fuel testing of 
                transuranics fuel.

``SEC. 3042. DEMONSTRATION MANAGEMENT.

    ``(a) Departmental Management.--
            ``(1) In general.--The Demonstration shall be managed by--
                    ``(A) the Assistant Secretary of the Office of 
                Nuclear Energy; and
                    ``(B) the Director of the Office of Civilian 
                Nuclear Waste.
            ``(2) Combination with advanced fuel cycle demonstration 
        program.--The Secretary may combine the Demonstration with the 
        advanced fuel recycling technology research, development, and 
        demonstration program conducted under section 953 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16273).
            ``(3) Existing department demonstration management 
        expertise.--To track the progress of the Demonstration, the 
        Secretary may use the capabilities for review of construction 
        projects for advanced scientific facilities within any office 
        of the Department.
    ``(b) Laboratory Management.--
            ``(1) Laboratory scope.--
                    ``(A) In general.--The Secretary shall provide to 
                the National Laboratories specific scope on the manner 
                by which to ensure the overall success of the 
                Demonstration.
                    ``(B) Authority of national laboratories.--
                            ``(i) In general.--The National 
                        Laboratories may collaborate with--
                                    ``(I) institutions of higher 
                                education;
                                    ``(II) research institutes;
                                    ``(III) industrial researchers; and
                                    ``(IV) international researchers.
                            ``(ii) Technical support.--In carrying out 
                        clause (i), the National Laboratories shall 
                        provide sufficient technical support for use by 
                        the Department in understanding any technical 
                        or regulatory issues identified by the Chairman 
                        of the Commission.
            ``(2) Industrial partnerships.--
                    ``(A) In general.--The Office of Nuclear Energy 
                shall, through a competitive process, select 1 or more 
                qualified industrial leaders--
                            ``(i) to carry out the Demonstration 
                        execution, through other industrial associates 
                        for the development, design, and construction 
                        activities; and
                            ``(ii) to operate facilities under the 
                        Demonstration to recycle used nuclear fuel on 
                        behalf of the Department.
                    ``(B) Cost-sharing.--Industrial associates 
                described in subparagraph (A) shall not be required to 
                pay a non-Federal share during the initial development 
                of National Laboratory technology at the engineering 
                scale.
                    ``(C) Preference.--Preference in determining the 
                final structure of the consortium, or any partnership 
                under this subtitle, shall be given to a structure that 
                retains United States technological leadership in the 
                Demonstration (including designating as a lead 
                industrial partner an entity incorporated in the United 
                States).
            ``(3) Prototype plant siting.--It is the intent of Congress 
        that the Demonstration and associated support should be sited 
        at a National Laboratory.
            ``(4) Reactor test capabilities.--The Demonstration shall 
        use, if appropriate, reactor test capabilities at the National 
        Laboratories (or international laboratories) to validate the 
        use of any produced transuranics fuel.
            ``(5) Other laboratory capabilities.--The Demonstration may 
        use, if appropriate, facilities at any National Laboratory.

``SEC. 3043. DEMONSTRATION ORGANIZATION.

    ``(a) Major Demonstration Elements.--The Demonstration shall 
consist of the following major program elements:
            ``(1) A Generation IV System, as identified by the 
        Generation IV International Forum.
            ``(2) Transuranics nuclear fuel development, 
        characterization, and qualification.
            ``(3) Weapons materials disposition options in Generation 
        IV Systems, as identified under paragraph (1).
    ``(b) Demonstration Phases.--
            ``(1) In general.--The Demonstration shall be conducted in 
        each phase described in paragraphs (2) and (3).
            ``(2) First demonstration phase.--A first Demonstration 
        phase shall be conducted--
                    ``(A) to validate appropriate technology components 
                under subsection (a)(1);
                    ``(B) to submit a license to the Chairman of the 
                Commission under subsection (a)(1);
                    ``(C) to perform appropriate validation research by 
                the National Laboratories under subsection (a); and
                    ``(D) to carry out initial design activities for 
                the fabrication of prototype nuclear fuel derived from 
                weapons grade plutonium and studies under subsection 
                (a)(3).
            ``(3) Second demonstration phase.--A second Demonstration 
        phase shall be conducted--
                    ``(A) to build a prototype nuclear reactor and 
                plant, including development of design methods and 
                safety analytical methods and studies;
                    ``(B) to continue appropriate activities under 
                paragraphs (1) through (3) of subsection (a);
                    ``(C) to develop, through a competitive process, a 
                final design for the prototype nuclear reactor and 
                plant based on a Generation IV System identified under 
                subsection (a)(1);
                    ``(D) to support license application activities 
                relating to the construction and operation of the 
                prototype nuclear reactor; and
                    ``(E) to construct and start up operations of the 
                prototype nuclear reactor and fuel testing while 
                demonstrating electricity production.
    ``(c) Demonstration Requirements.--
            ``(1) In general.--The Secretary shall ensure that the 
        Demonstration is structured in a manner to maximize the 
        technical interchange and transfer of technologies and ideas 
        into the Demonstration from other sources of relevant 
        expertise, including--
                    ``(A) the nuclear power industry (including nuclear 
                powerplant construction firms), particularly with 
                respect to issues associated with plant design, 
                construction, and operational and safety issues;
                    ``(B) the nuclear fuel fabrication industry, 
                particularly with respect to issues relating to--
                            ``(i) the separation of transuranics from 
                        used nuclear fuel; and
                            ``(ii) the integration of technologies 
                        developed by the Demonstration into fuel 
                        fabrication; and
                    ``(C) international efforts in areas relating to 
                the Demonstration, particularly with respect to 
                transuranics fuel performance.
            ``(2) International collaboration.--
                    ``(A) In general.--The Secretary shall seek 
                international cooperation, participation, and financial 
                contributions for the Demonstration.
                    ``(B) Assistance from international partners.--The 
                Secretary may offer to enter into contracts for 
                assistance with specialists or facilities from member 
                countries of the Generation IV International Forum, the 
                Russian Federation, or other international partners if 
                the specialists or facilities provide access to--
                            ``(i) cost-effective and relevant skills; 
                        or
                            ``(ii) test capabilities.
                    ``(C) Partner countries.--The Demonstration may 
                involve support of selected demonstration objectives in 
                a partner country.
                    ``(D) Generation iv international forum.--The 
                Secretary shall ensure that international activities of 
                the Demonstration are coordinated with the Generation 
                IV International Forum.
                    ``(E) Terms.--The Secretary shall ensure that the 
                terms and conditions with respect to international 
                cooperation provided under this paragraph do not delay 
                the domestic portion of the Demonstration.
            ``(3) Generation iv nuclear recycling council.--
                    ``(A) In general.--As soon as practicable after the 
                date of enactment of this title, the Secretary shall 
                establish a council to be known as the `Generation IV 
                Nuclear Recycling Council'.
                    ``(B) Membership.--The Secretary shall appoint 
                individuals to serve as members of the Council based on 
                the expertise of the individuals--
                            ``(i) as technologists, manufacturers, or 
                        plant operators; or
                            ``(ii) in other appropriate fields 
                        described in paragraph (1).
                    ``(C) Responsibilities.--The Council shall--
                            ``(i) serve in an advisory capacity to the 
                        Secretary regarding Generation IV System 
                        matters submitted by the Secretary to the 
                        Council;
                            ``(ii) on an ongoing basis, review all--
                                    ``(I) program plans for the 
                                Demonstration; and
                                    ``(II) progress under the 
                                Demonstration; and
                            ``(iii) to the maximum extent practicable, 
                        ensure that important scientific, technical, 
                        safety, and program management issues receive 
                        attention--
                                    ``(I) in the Demonstration; and
                                    ``(II) by the Secretary.
                    ``(D) Federal advisory committee act.--The Council 
                shall be subject to the Federal Advisory Committee Act 
                (5 U.S.C. App.).
                    ``(E) Initial review.--Not later than 180 days 
                after the date of enactment of this title, the Council 
                shall--
                            ``(i) review existing program plans for the 
                        Demonstration;
                            ``(ii) address any recommendations of the 
                        documents not incorporated in program plans for 
                        the Demonstration; and
                            ``(iii) in accordance with the document 
                        entitled `Department of Energy O 413.3A Change 
                        1 Demonstration Management for the Acquisition 
                        of Capital Assets' and dated 2006, review 
                        existing program plans for the Demonstration to 
                        determine whether the Demonstration management 
                        direction for the Demonstration acquisition of 
                        capital assets are fully capable of meeting 
                        mission performance, safeguards and security, 
                        and environmental, safety, and health standards 
                        for accomplishing CD-1 through CD-4).
                    ``(F) First demonstration phase review.--On a 
                determination by the Secretary that the appropriate 
                activities under the first phase of the Demonstration 
                under subsection (b)(2) are nearly complete, the 
                Secretary shall submit to the Council a request--
                            ``(i) to conduct a comprehensive review of 
                        the Demonstration; and
                            ``(ii) on completion of the comprehensive 
                        review described in clause (i), to submit to 
                        the Secretary a report that contains a 
                        description of the recommendation of the 
                        Council regarding whether the Demonstration is 
                        ready to proceed to the second phase of the 
                        Demonstration under subsection (b)(3).
                    ``(G) Report.--Not later than 60 days after the 
                date on which the Secretary receives a report from the 
                Council under subparagraph (F)(ii), the Secretary shall 
                submit to the appropriate committees of Congress--
                            ``(i) a copy of the report; and
                            ``(ii) a document that contains a 
                        description of any additional view of the 
                        Secretary that the Secretary may consider to be 
                        appropriate.

              ``Subtitle E--Nuclear Regulatory Commission

``SEC. 3051. NUCLEAR REGULATORY COMMISSION.

    ``In accordance with section 202 of the Energy Reorganization Act 
of 1974 (42 U.S.C. 5842), the Chairman of the Commission shall have 
licensing and regulatory authority for any reactor authorized under 
this title.

``SEC. 3052. LICENSING STRATEGY.

    ``Not later than 2 years after the date of enactment of this title, 
the Secretary, acting through the selected industry leader, shall 
submit to the Chairman of the Commission a license application for a 
prototype nuclear reactor, including--
            ``(1) a design control document in which current licensing 
        requirements relating to light-water reactors are used as a 
        guide for the Demonstration;
            ``(2) a description of analytical tools that the Chairman 
        of the Commission may use from the National Laboratories 
        independently to verify designs and performance characteristics 
        of components, equipment, systems, or structures associated 
        with the prototype nuclear reactor;
            ``(3) a description of each research and development 
        activity that may be required to answer questions posed by the 
        Chairman of the Commission to review a license application for 
        the prototype nuclear reactor; and
            ``(4) an estimate of the budgetary requirements associated 
        with the completion of the licensing activity.

``SEC. 3053. ONGOING INTERACTION.

    ``In carrying out the Demonstration, the Secretary shall seek the 
active participation of the Chairman of the Commission--
            ``(1) to avoid design decisions that would--
                    ``(A) compromise adequate safety margins in the 
                design of a prototype nuclear reactor; or
                    ``(B) impair the accessibility of nuclear safety-
                related components of the prototype nuclear reactor for 
                inspection and maintenance;
            ``(2) to develop tools to facilitate the inspection and 
        maintenance of the prototype nuclear reactor that are necessary 
        for safety purposes; and
            ``(3) to develop risk-based criteria for any future 
        commercial development of a similar reactor architecture.

``SEC. 3054. DEMONSTRATION TIMELINES.

    ``(a) Target Date To Complete the First Demonstration Phase.--Not 
later than September 30, 2012, the Secretary shall--
            ``(1) designate commercial used fuel treatment and 
        recycling centers for licensing and operation at 1 or more 
        sites identified in 1 or more agreements;
            ``(2) select the industrial and National Laboratory 
        Demonstration leaders to be used by the Demonstration for--
                    ``(A) delivery of the licensing document;
                    ``(B) the required detailed design; and
                    ``(C) the required analysis; and
            ``(3) submit to the appropriate committees of Congress a 
        report that contains a determination of--
                    ``(A) whether any international collaborator has 
                agreed to provide funding; and
                    ``(B) if 1 or more international collaborators have 
                agreed provide funding, the scope and obligations of 
                commitment of the international collaborators.
    ``(b) Design Competition for Second Demonstration Phase.--
            ``(1) In general.--The Secretary, acting through the 
        industrial and National Laboratory Demonstration leaders, shall 
        provide for the detailed design and licensing activities for 
        the final design of a prototype nuclear reactor.
            ``(2) Systems integration.--The Secretary may structure 
        Demonstration activities in the second Demonstration phase to 
        use the lead industrial partner to integrate the contributions 
        of any international contributors described in subsection 
        (a)(3) in a systems integration role for final design and 
        construction of the Demonstration.
    ``(c) Target Date To Complete Demonstration Construction.--Not 
later than September 30, 2019, the Secretary shall--
            ``(1) complete construction and begin operations of a 
        prototype for transuranics fuel testing and associated energy 
        production; or
            ``(2) submit to the appropriate committees of Congress a 
        report that establishes an alternative date for completion.

``SEC. 3055. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary for 
research and construction activities under this title--
            ``(1) $750,000,000 for the period of fiscal years 2012 
        through 2016; and
            ``(2) such sums as are necessary for each of fiscal years 
        2017 through 2020.''.

               TITLE III--ELECTRIC VEHICLE INFRASTRUCTURE

SEC. 301. INCREASE IN CREDIT LIMITATION ON NUMBER OF NEW QUALIFIED 
              PLUG-IN ELECTRIC VEHICLES.

    (a) In General.--Paragraph (2) of section 30D(e) of the Internal 
Revenue Code of 1986 is amended by striking ``200,000'' and inserting 
``300,000''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 302. MODIFICATIONS TO CREDIT FOR ALTERNATIVE FUEL VEHICLE 
              REFUELING PROPERTY.

    (a) Extension of Increased Credit for Electricity.--
            (1) In general.--Paragraph (6) of section 30C(e) of the 
        Internal Revenue Code of 1986 is amended--
                    (A) by striking ``during 2009 and 2010'' in the 
                heading and inserting ``during certain taxable years'',
                    (B) by striking ``and before January 1, 2011'',
                    (C) by inserting ``, which is placed in service 
                before January 1, 2011 (before January 1, 2020, in the 
                case of property which relates to electricity)'' after 
                ``hydrogen'' in subparagraph (A), and
                    (D) by inserting ``, which is placed in service 
                before January 1, 2011'' after ``hydrogen'' in 
                subparagraph (B).
            (2) Extension of credit.--Subsection (g) of section 30C of 
        such Code is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (1),
                    (B) by redesignating paragraph (2) as paragraph 
                (3), and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) in the case of property relating to electricity, 
        after December 31, 2019, and''.
    (b) Qualified Property Includes Structural Components of a Building 
Used for Electrical Recharging.--Subsection (c) of section 179A of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following new flush sentence:
``In the case of property described in paragraph (3)(B), the preceding 
sentence shall be applied without regard to the phrase `and its 
structural components'.''.
    (c) Transferability of Credit.--Section 30C(e) of the Internal 
Revenue Code of 1986, as amended by paragraph (2), is amended by adding 
at the end the following new paragraph:
            ``(8) Transferability of credit.--
                    ``(A) In general.--A person who places any 
                qualified alternative fuel vehicle refueling property 
                in service may transfer the credit under this section 
                through an assignment to any other person. Such 
                transfer may be revoked only with the consent of the 
                Secretary.
                    ``(B) Certification.--A transferee of a credit 
                described in subparagraph (A) may not claim such credit 
                unless such claim is accompanied by a certification to 
                the Secretary that the transferee reduced the price the 
                transferor paid for the qualified alternative fuel 
                vehicle refueling property by the entire amount of such 
                credit.
                    ``(C) Regulations.--The Secretary shall prescribe 
                such regulations as necessary to ensure that the credit 
                transferred under subparagraph (A) is claimed once and 
                not reassigned by such other person.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.

SEC. 303. VEHICLE TECHNOLOGY AND RECHARGING INFRASTRUCTURE.

    Section 131 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17011) is amended by adding at the end the following:
    ``(e) Market Assessment and Recharging Infrastructure Study.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Local government.--
                            ``(i) In general.--The term `local 
                        government' has the meaning given the term in 
                        section 3371 of title 5, United States Code.
                            ``(ii) Inclusions.--The term `local 
                        government' includes entities described in 
                        sections 7 and 8 of the Alaska Native Claims 
                        Settlement Act (43 U.S.C. 1606, 1607).
                    ``(B) Range extension infrastructure.--The term 
                `range extension infrastructure' includes equipment, 
                products, or services for recharging plug-in electric 
                vehicles that--
                            ``(i) are available to retail consumers of 
                        electric drive vehicles on a nonexclusive 
                        basis, including payment interoperability with 
                        other systems; and
                            ``(ii) provide for extending driving range 
                        through battery exchange or rapid recharging.
                    ``(C) State.--The term `State' has the meaning 
                given the term in section 3371 of title 5, United 
                States Code.
            ``(2) Study.--The Secretary, in consultation with the 
        Administrator, and the Secretary of Transportation, shall carry 
        out a program to analyze and assess--
                    ``(A) the number and distribution of recharging 
                facilities, including range extension infrastructure, 
                that will be required for drivers of plug-in electric 
                drive vehicles and neighborhood electric vehicles to 
                reliably recharge those electric drive vehicles to meet 
                the average needs of the drivers;
                    ``(B) minimum technical standards for public 
                recharging facilities necessary for widespread 
                deployment;
                    ``(C) the technical and infrastructure investments 
                that electric utilities and electricity providers will 
                be required to make to support widespread deployment of 
                recharging infrastructure, including an estimate of the 
                investments;
                    ``(D) existing electric drive transportation 
                technologies and the state of markets for the purchase 
                of those technologies;
                    ``(E) methods of removing market barriers for 
                existing and emerging applications of electric drive 
                transportation technologies;
                    ``(F) the potential value to the electric grid of 
                using the energy stored in on-board storage systems to 
                improve the efficiency and reliability of the grid 
                generation system; and
                    ``(G) the implications of the introduction of plug-
                in electric drive vehicles and other types of electric 
                transportation on the production of electricity from 
                renewable resources.
            ``(3) Components.--In conducting the study, the Secretary 
        shall analyze and make recommendations on--
                    ``(A) the variety and density of recharging 
                infrastructure options necessary to power plug-in 
                electric drive vehicles under diverse scenarios, 
                including--
                            ``(i) the ratio of residential, commercial, 
                        and public recharging infrastructure options 
                        necessary to support 10 percent-, 20 percent-, 
                        and 50 percent-penetration of plug-in electric 
                        vehicles on a city fleet basis;
                            ``(ii) the ratio of residential, 
                        commercial, and public recharging 
                        infrastructure options necessary to support 10 
                        percent-, 20 percent-, and 50 percent-
                        penetration of plug-in electric vehicles on a 
                        regional fleet basis;
                            ``(iii) the ratio of residential, 
                        commercial, and public recharging 
                        infrastructure options necessary to support 10 
                        percent-, 20 percent-, and 50 percent-
                        penetration of plug-in electric vehicles on a 
                        national fleet basis; and
                            ``(iv) the potential impact of fast 
                        charging on market penetration rates for 
                        electric drive vehicles and the effects on 
                        electric utilities;
                    ``(B) the effects on market penetration of reserved 
                parking spots with access to recharging facilities;
                    ``(C) model codes (including building codes) that 
                need to be updated or otherwise modified to enable 
                widespread deployment of recharging facilities; and
                    ``(D) such other issues as the Secretary considers 
                to be appropriate.
            ``(4) Report.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report on the results of the study conducted 
        under this subsection, including recommendations.
    ``(f) Financial Support.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this subsection, the Secretary shall establish 
        a program to support the deployment and integration of plug-in 
        electric drive vehicles in multiple regions of the United 
        States through the provision of financial support to State and 
        local governments and other entities to assist in the 
        installation of recharging facilities for electric drive 
        vehicles.
            ``(2) Financial assistance.--In carrying out the program, 
        the Secretary may provide financial assistance described in 
        paragraph (7) to promote the goals described in paragraph (4).
            ``(3) Regions.--The Secretary shall select regions for 
        financial assistance under this subsection based on 
        applications for the assistance received under paragraph (7), 
        taking into consideration the findings of the study conducted 
        under subsection (e).
            ``(4) Goals.--The goals of the program established under 
        this subsection shall be--
                    ``(A) to demonstrate the viability of a vehicle-
                based transportation system that reduces--
                            ``(i) the use of petroleum as a fuel; and
                            ``(ii) the emissions of greenhouse gases 
                        and other pollutants compared to a system based 
                        on conventional transportation fuels;
                    ``(B) to facilitate the integration of advanced 
                vehicle technologies into electricity distribution 
                areas to improve system performance and reliability;
                    ``(C) to demonstrate the potential benefits of 
                coordinated investments in vehicle electrification on 
                personal mobility and a regional grid;
                    ``(D) to demonstrate protocols and standards that 
                facilitate vehicle integration into the grid; and
                    ``(E) to investigate differences in each region and 
                regulatory environment regarding best practices in 
                implementing vehicle electrification.
            ``(5) Use of funds.--Subject to paragraph (6), the 
        Secretary may provide financial assistance to any applicant 
        that applies for, and receives the approval of the Secretary, 
        under paragraph (7)--
                    ``(A) to assist persons located in a region 
                (including fleet owners) in the purchase of new plug-in 
                electric drive vehicles by reducing the incremental 
                cost of the vehicles above the cost of comparable 
                conventionally fueled vehicles;
                    ``(B) to support the use of plug-in electric drive 
                vehicles by funding projects for the deployment of--
                            ``(i) recharging infrastructure for plug-in 
                        electric drive vehicles (including range 
                        extension infrastructure);
                            ``(ii) smart grid equipment and 
                        infrastructure to facilitate the charging and 
                        integration of plug-in electric drive vehicles; 
                        or
                            ``(iii) the purchase of advanced batteries 
                        for use in plug-in electric drive vehicles; or
                    ``(C) to carry out such other projects as the 
                Secretary determines are appropriate to support the 
                large-scale deployment of plug-in electric drive 
                vehicles in regional deployment areas.
            ``(6) Cost share.--The Secretary shall carry out the 
        programs established under this subsection in accordance with 
        section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
            ``(7) Financial support.--
                    ``(A) In general.--The Secretary may--
                            ``(i) provide grants to States and local 
                        governments for demonstration and commercial 
                        application of recharging infrastructure in 
                        accordance with paragraph (8) in accordance 
                        with section 988 of the Energy Policy Act of 
                        2005 (42 U.S.C. 16352); and
                            ``(ii) consult with the Administrator of 
                        the Clean Energy Deployment Administration to 
                        further the goals of this section.
                    ``(B) Applications.--
                            ``(i) In general.--An applicant that seeks 
                        to receive financial assistance under this 
                        subsection shall submit to the Secretary an 
                        application at such time, in such manner, and 
                        containing such information as the Secretary 
                        determines are necessary through rulemaking.
                            ``(ii) Joint sponsorship.--An application 
                        may be jointly sponsored by electric utilities, 
                        automobile manufacturers, technology providers, 
                        car-sharing companies or organizations, or 
                        other persons or entities.
                    ``(C) Requirements.--The design elements and 
                requirements of the program established under this 
                subsection shall include--
                            ``(i) an evaluation of the financial 
                        mechanisms that will most effectively promote 
                        the purposes of this section;
                            ``(ii) criteria for evaluating applications 
                        submitted under this paragraph, taking into 
                        consideration the findings of the study 
                        conducted under subsection (e) (including the 
                        anticipated ability to promote deployment and 
                        market penetration of plug-in electric drive 
                        vehicles that are less dependent on petroleum 
                        as a fuel source);
                            ``(iii) reporting requirements for entities 
                        that receive financial assistance under this 
                        subsection, including a comprehensive set of 
                        performance data that reflect the results of 
                        the program; and
                            ``(iv) provisions that no proprietary 
                        information, trade secret, or other 
                        confidential information is required to be 
                        disclosed.
            ``(8) Grants to states and local governments for recharging 
        infrastructure.--
                    ``(A) In general.--The Secretary shall establish a 
                program under which the Secretary shall provide grants 
                and other financial support to States and local 
                governments to assist in the installation of recharging 
                infrastructure for plug-in electric drive vehicles in 
                areas under the jurisdiction of the States or local 
                governments.
                    ``(B) Eligibility.--To be eligible to obtain a 
                grant or other financial support under this subsection, 
                a State or local government shall--
                            ``(i) demonstrate to the Secretary that the 
                        applicant has taken into consideration the 
                        findings of the report submitted under 
                        subsection (e), unless the State or local 
                        government demonstrates to the Secretary that 
                        an alternative variety and density of 
                        recharging infrastructure options would better 
                        meet the purposes of this section; and
                            ``(ii) agree not to charge a premium for 
                        use of a parking space used to recharge an 
                        electric drive vehicle other than a charge for 
                        electric energy.
                    ``(C) Guidelines.--The Secretary shall establish 
                guidelines for carrying out this subsection that are 
                consistent with the report submitted under subsection 
                (e).
            ``(9) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such sums as are 
        necessary to carry out this subsection, to remain available 
        until expended.
    ``(g) Information Clearinghouse.--As part of the program 
established under this section, the Secretary shall collect and make 
available to the public information regarding the cost, performance, 
and other technical data regarding the deployment and integration of 
plug-in hybrid electric drive vehicles.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this subsections 
(e) and (g).''.

                       TITLE IV--RENEWABLE ENERGY

SEC. 401. 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 are each amended 
by striking ``January 1, 2017'' and inserting ``January 1, 2020''.
    (b) Fuel Cell Property.--Subparagraph (E) of section 48(c)(1) of 
the Internal Revenue Code of 1986 is amended by striking ``December 31, 
2016'' and inserting ``December 31, 2019''.
    (c) Microturbine Property.--Subparagraph (E) of section 48(c)(2) of 
the Internal Revenue Code of 1986 is amended by striking ``December 31, 
2016'' and inserting ``December 31, 2019''.
    (d) Combined Heat and Power Systems Property.--Clause (iv) of 
section 48(c)(3)(A) of the Internal Revenue Code of 1986 is amended by 
striking ``January 1, 2017'' and inserting ``January 1, 2020''.
    (e) Qualified Small Wind Energy Property.--Subparagraph (C) of 
section 48(c)(4) of the Internal Revenue Code of 1986 is amended by 
striking ``January 1, 2017'' and inserting ``January 1, 2020''.
    (f) Election for Qualified Investment Credit Facilities.--
Subparagraph (C) of section 48(a)(5) of the Internal Revenue Code of 
1986 is amended to read as follows:
                    ``(C) Qualified investment credit facility.--For 
                purposes of this paragraph, the term `qualified 
                investment credit facility' means any facility (within 
                the meaning of section 45) described in paragraph (1), 
                (2), (3), (4), (6), (7), (9), or (11) of section 45(d) 
                if--
                            ``(i) no credit has been allowed under 
                        section 45 with respect to such facility,
                            ``(ii) the taxpayer makes an irrevocable 
                        election to have this paragraph apply to such 
                        facility, and
                            ``(iii) such facility is placed in service 
                        after 2008 and before 2020.''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 402. EXTENSION OF RENEWABLE ENERGY PRODUCTION CREDIT.

    (a) Wind and Refined Coal Facilities.--Paragraphs (1) and (8) of 
section 45(d) of the Internal Revenue Code of 1986 are each amended by 
striking ``January 1, 2010'' and inserting ``January 1, 2020''.
    (b) Marine and Hydrokinetic Renewable Energy Facilities.--
Subparagraph (B) of section 45(d)(11) of such Code is amended by 
striking ``January 1, 2014'' and inserting ``January 1, 2020''.
    (c) Other Facilities.--Each of the following provisions of section 
45(d) of such Code is amended by striking ``January 1, 2011'' and 
inserting ``January 1, 2020'':
            (1) Clauses (i) and (ii) of paragraph (2)(A).
            (2) Clauses (i)(I) and (ii) of paragraph (3)(A).
            (3) Paragraph (4).
            (4) Paragraph (5).
            (5) Paragraph (6).
            (6) Paragraph (7).
            (7) Subparagraphs (A) and (B) of paragraph (9).
    (d) 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 V--FUNDING

SEC. 501. TRANSFER OF STIMULUS FUNDS.

    Notwithstanding section 5 of the American Recovery and Reinvestment 
Act of 2009, from the amounts appropriated or made available and 
remaining unobligated under division A of such Act (other than under 
title X of such division A), the Director of the Office of Management 
and Budget shall transfer from time to time to the general fund of the 
Treasury an amount equal to the sum of the net increase in spending and 
the net decrease in revenues resulting from the enactment of this Act 
(other than this section).
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