type: legislation

jurisdiction: US

text:
 II
 112th CONGRESS
 1st Session
 S. 1220
 IN THE SENATE OF THE UNITED STATES
 June 16, 2011
 Mr. Conrad introduced
 the following bill; which was read twice and referred to the
 Committee on
 Finance
 A BILL
 To lessen the dependence of the United States on foreign
 energy, to promote clean sources of energy, to strengthen the economy of the
 United States, and for other purposes.
 1.Short
 title; table of contents
 (a)Short
 titleThis Act may be cited
 as the Fulfilling U.S. Energy
 Leadership Act of 2011.
 (b)Table of contentsThe table of contents of this Act is as
 follows:
 Sec. 1. Short title; table of
 contents.
 Sec. 2. Definitions.
 TITLE I—Advanced vehicle deployment
 Subtitle A—Energy provisions
 Sec. 101. Research and development program for alternative fuel
 vehicle technologies.
 Sec. 102. Federal fleet requirements.
 Sec. 103. Refueling infrastructure corridors.
 Sec. 104. Federal Government petroleum consumption.
 Sec. 105. Determination of standards by Secretary of Energy for
 idling reduction devices.
 Subtitle B—Promoting electric vehicles
 Sec. 111. Definitions.
 PART I—National plug-In electric drive vehicle deployment
 program.
 Sec. 121. National Plug-In Electric Drive Vehicle Deployment
 Program.
 Sec. 122. National assessment and plan.
 Sec. 123. Technical assistance.
 Sec. 124. Workforce training.
 Sec. 125. Federal fleets.
 Sec. 126. Targeted Plug-In Electric Drive Vehicle Deployment
 Communities Program.
 PART II—Research and development
 Sec. 131. Research and development program.
 Sec. 132. Advanced batteries for tomorrow prize.
 Sec. 133. Study on the supply of raw materials.
 Sec. 134. Study on the collection and preservation of data
 collected from plug-in electric drive vehicles.
 PART III—Miscellaneous
 Sec. 141. Utility planning for plug-in electric drive
 vehicles.
 Sec. 142. Loan guarantees.
 Sec. 143. Prohibition on disposing of advanced batteries in
 landfills.
 Sec. 144. Plug-In Electric Drive Vehicle Technical Advisory
 Committee.
 Sec. 145. Plug-In Electric Drive Vehicle Interagency Task
 Force.
 Subtitle C—Tax provisions
 Sec. 151. Consumer tax credits for advanced
 vehicles.
 Sec. 152. Credit for fuel-efficient motor vehicles.
 Sec. 153. Idling reduction tax credit.
 TITLE II—Oil and gas development
 Sec. 201. Production of oil and gas on outer Continental
 Shelf.
 Sec. 202. Implementation of inventory of outer Continental
 Shelf resources.
 Sec. 203. Offshore safety bureau.
 TITLE III—Alternative fuel deployment
 Subtitle A—Energy provisions
 Sec. 301. Bioenergy research and development.
 Sec. 302. Alternative fueled automobile production
 requirement.
 Sec. 303. Definition of renewable biomass.
 Sec. 304. Loan guarantees for renewable fuel
 pipelines.
 Subtitle B—Tax provisions
 Sec. 311. Variable VEETC rate based on price of crude
 oil.
 Sec. 312. Extension of cellulosic biofuel producer credit
 through 2016.
 Sec. 313. Extension and modification of alternative fuel
 vehicle refueling property credit.
 Sec. 314. Extension of special depreciation allowance for
 cellulosic biofuel plant property.
 Sec. 315. Incentives for biodiesel and renewable
 diesel.
 Sec. 316. Alternative fuels excise tax credits.
 TITLE IV—Cleaner sources of electricity
 Subtitle A—Energy provisions
 Sec. 401. Clean energy standard.
 Sec. 402. Large-scale carbon storage program.
 Sec. 403. Loan guarantees for nuclear power and other
 innovative sources.
 Sec. 404. Nuclear energy workforce.
 Sec. 405. Interagency Working Group to promote domestic
 manufacturing base for nuclear components and equipment.
 Subtitle B—Tax provisions
 Sec. 411. Seven-year amortization for certain systems installed
 on coal-fired electric generation units.
 Sec. 412. Credit for carbon sequestration from coal
 facilities.
 Sec. 413. Modifications to credit for carbon dioxide
 sequestration.
 Sec. 414. Clean energy coal bonds.
 Sec. 415. New clean renewable energy bonds.
 Sec. 416. Seven-year accelerated depreciation for new nuclear
 power facilities.
 Sec. 417. Long term extension of renewable electricity
 production credit.
 TITLE V—Domestic energy deployment
 Subtitle A—Clean energy financing
 Sec. 501. Purpose.
 Sec. 502. Definitions.
 Sec. 503. Improvements to existing programs.
 Sec. 504. Energy technology deployment goals.
 Sec. 505. Clean Energy Deployment Administration.
 Sec. 506. Administration functions.
 Sec. 507. Federal Credit Authority.
 Sec. 508. General provisions.
 Subtitle B—Tax provisions
 Sec. 511. Advanced energy manufacturing credit.
 Sec. 512. Special rule for sales of electric transmission
 property.
 Sec. 513. Depreciation of natural gas distribution
 lines.
 Sec. 514. Credit for steel industry fuel.
 Sec. 515. Credit for producing fuel from coke or coke
 gas.
 TITLE VI—Energy efficiency
 Subtitle A—Rural energy savings program
 Sec. 601. Rural energy savings program.
 Subtitle B—Tax provisions
 Sec. 611. Energy-efficient commercial buildings.
 Sec. 612. Energy-efficient new homes.
 Sec. 613. Energy-efficient existing homes.
 Sec. 614. Energy-efficient appliances.
 TITLE VII—Energy research and development
 Sec. 701. Next Step Energy Storage Research Center.
 Sec. 702. Nuclear power initiatives.
 TITLE VIII—Budgetary effects
 Sec. 801. Budgetary effects.
 2.DefinitionsExcept as otherwise provided in this Act, in
 this Act:
 (1)Alternative fuelThe term alternative fuel has
 the meaning given the term in section 32901(a) of title 49, United States
 Code.
 (2)Alternative fueled automobileThe term alternative fueled
 automobile has the meaning given the term in section 32901(a) of title
 49, United States Code.
 (3)Motor
 vehicleThe term motor vehicle means any vehicle
 that is manufactured primarily for use on public streets, roads, and highways
 (not including a vehicle operated exclusively on 1 or more rails) and that has
 at least 4 wheels.
 (4)SecretaryThe
 term Secretary means the Secretary of Energy.
 IAdvanced vehicle
 deployment
 AEnergy
 provisions
 101.Research and
 development program for alternative fuel vehicle technologies
 (a)PurposesThe
 purposes of this section are—
 (1)to enable and
 promote, in partnership with industry, comprehensive development,
 demonstration, and commercialization of a wide range of alternative fuel
 components, systems, and vehicles using diverse transportation
 technologies;
 (2)to make critical
 public investments to help private industry, institutions of higher education,
 National Laboratories, and research institutions to expand innovation,
 industrial growth, and jobs in the United States;
 (3)to expand the
 availability of the existing alternative fuel infrastructure for fueling
 light-duty transportation vehicles and other on-road and nonroad vehicles that
 are using petroleum and are mobile sources of emissions, with the goals
 of—
 (A)enhancing the
 energy security of the United States;
 (B)reducing
 dependence on imported oil; and
 (C)reducing
 emissions through the expansion of alternative fuel supported mobility;
 (4)to accelerate the
 widespread commercialization of alternative fuel vehicle technology into all
 sizes and applications of vehicles, including commercialization of alternative
 fuel vehicles; and
 (5)to improve the
 energy efficiency of and reduce the petroleum use in surface
 transportation.
 (b)ProgramThe
 Secretary shall conduct a program of research, development, demonstration, and
 commercial application for alternative fuel transportation technology,
 including—
 (1)high capacity,
 high-efficiency storage devices;
 (2)high-efficiency
 on-board and off-board alternative fuel components;
 (3)high-powered
 alternative fuel systems for passenger and commercial vehicles and for nonroad
 equipment;
 (4)control system
 development and power train development and integration for alternative fuel
 vehicles, including—
 (A)development of
 efficient cooling systems;
 (B)analysis and
 development of control systems that minimize the emissions profile when clean
 diesel engines are part of an alternative fuel system; and
 (C)development of
 different control systems that optimize for different goals, including—
 (i)storage
 life;
 (ii)reduction of
 petroleum consumption; and
 (iii)greenhouse gas
 reduction;
 (5)nanomaterial
 technology applied to both alternative fuel components and systems;
 (6)large-scale
 demonstrations, testing, and evaluation of alternative fuel vehicles in
 different applications with different storage and control systems,
 including—
 (A)the incremental
 cost of alternative fuel vehicles and alternative fuel systems;
 (B)military
 applications;
 (C)mass market
 passenger and light-duty truck applications;
 (D)private fleet
 applications; and
 (E)medium- and
 heavy-duty applications;
 (7)advancement of
 alternative fuel transportation technologies in mobile source applications
 by—
 (A)improvement in
 alternative fuel technologies; and
 (B)working with
 industry and the Administrator of the Environmental Protection Agency
 to—
 (i)understand and
 inventory markets; and
 (ii)identify and
 implement methods of removing barriers for existing and emerging applications;
 and
 (8)lightweight
 materials.
 (c)Funding
 (1)In
 generalOut of any funds in the Treasury not otherwise
 appropriated, the Secretary of the Treasury shall transfer to the Secretary to
 carry out this section, to remain available until expended—
 (A)on October 1,
 2011, and each October 1 thereafter through October 1, 2015, $1,000,000,000;
 and
 (B)on October 1,
 2016, and each October 1 thereafter through October 1, 2020,
 $500,000,000.
 (2)Receipt and
 acceptanceThe Secretary shall be entitled to receive, shall
 accept, and shall use to carry out this section the funds transferred under
 paragraph (1), without further appropriation.
 102.Federal fleet requirements
 (a)Definition of alternative fueled
 vehicleSection 301(3) of the Energy Policy Act of 1992 (42
 U.S.C. 13211(3)) is amended by adding at the end the following:
 (C)ExclusionThe
 term alternative fueled vehicle does not include a dedicated
 vehicle that operates exclusively on gasoline or diesel
 fuel.
 .
 (b)Minimum Federal
 fleet requirementSection
 303(b)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13212(b)(1)) is
 amended—
 (1)in subparagraph
 (C), by striking and after the semicolon at the end; and
 (2)by striking
 subparagraph (D) through the period at the end and inserting the
 following:
 (D)75 percent in each of fiscal years
 1999 through 2012;
 (E)80 percent in each of fiscal years
 2013 through 2015;
 (F)90 percent in each of fiscal years
 2016 through 2019; and
 (G)100 percent in fiscal year 2020 and
 each fiscal year thereafter;
 shall be
 alternative fueled
 vehicles..
 (c)Flexible fuel
 vehicles; complianceSection 303(b) of the Energy Policy Act of
 1992 (42 U.S.C. 13212(b)) is amended—
 (1)by redesignating
 paragraph (3) as paragraph (6); and
 (2)by inserting
 after paragraph (2) the following:
 (3)Flexible fuel
 vehicles
 (A)Definition of
 flexible fuel vehicleIn this paragraph, the term flexible
 fuel vehicle means an automobile that has been warranted by the
 manufacturer of the automobile to operate on gasoline and fuel mixtures
 containing 15 percent gasoline and 85 percent ethanol or methanol.
 (B)Maximum
 percentageFor model year 2015 and each model year thereafter,
 the Secretary shall, to the maximum extent practicable, ensure that not more
 than 75 percent of vehicles acquired by a Federal fleet are flexible fuel
 vehicles.
 (4)ComplianceThe
 Secretary shall monitor and report to Congress on the compliance of Federal
 agencies with the requirements of this subsection, including the number and
 reasons for waivers or reductions of percentages under this
 subsection.
 .
 103.Refueling
 infrastructure corridors
 (a)Number of
 eligible projectsSection 244(d)(1) of the Energy Independence
 and Security Act of 2007 (42 U.S.C. 17052(d)(1)) is amended by striking
 10 and inserting 20.
 (b)ReportSection
 244 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17052) is
 amended—
 (1)by redesignating
 subsection (f) as subsection (g); and
 (2)by inserting
 after subsection (e) the following:
 (f)ReportNot
 later than 2 years after the date on which grants are awarded under subsection
 (d), the Secretary shall submit to Congress a report on the feasibility and
 desirability of—
 (1)establishing a
 refueling infrastructure corridor for each highway on the Interstate System (as
 defined in section 101(a) of title 23, United States Code); and
 (2)expanding the
 scope of this section to cover alternative
 fuels.
 .
 104.Federal
 Government petroleum consumption
 (a)In
 generalSection 303(b) of the
 Energy Policy Act of 1992 (42 U.S.C. 13212(b)) (as amended by section 102(c))
 is amended by adding at the end the following:
 (5)Petroleum consumptionThe Secretary shall promulgate regulations
 for Federal fleets subject to this title requiring that, not later than fiscal
 year 2013, each Federal agency achieve at least a 5-percent reduction in
 petroleum consumption, as calculated from the baseline established by the
 Secretary for fiscal year
 2011.
 .
 (b)Additional
 gasoline reduction measures
 (1)StudyThe
 Comptroller General of the United States shall conduct a study to determine
 whether additional gasoline reduction measures by Federal departments,
 agencies, and Congress are technically feasible.
 (2)ReportNot
 later than 180 days after the date of enactment of this Act, the Comptroller
 General shall submit to Congress a report that describes the results of the
 study, including any recommendations.
 105.Determination of
 standards by Secretary of Energy for idling reduction devicesNot later than 180 days after the date of
 the enactment of this Act and in order to reduce air pollution and fuel
 consumption, the Administrator of the Environmental Protection Agency, in
 consultation with the Secretary of Energy and the Secretary of Transportation,
 shall publish the standards under which the Administrator, in consultation with
 the Secretary of Energy and the Secretary of Transportation, will, for purposes
 of section 45Q of the Internal Revenue Code of 1986 (as added by this Act),
 determine the idling reduction devices which will reduce long-duration idling
 of vehicles at motor vehicle rest stops or other locations where such vehicles
 are temporarily parked or remain stationary in order to reduce air pollution
 and fuel consumption.
 BPromoting
 electric vehicles
 111.DefinitionsIn this subtitle:
 (1)AgencyThe
 term agency has the meaning given the term Executive
 agency in section 105 of title 5, United States Code.
 (2)Charging
 infrastructureThe term charging infrastructure
 means any property (not including a building) if the property is used for the
 recharging of plug-in electric drive vehicles, including electrical panel
 upgrades, wiring, conduit, trenching, pedestals, and related equipment.
 (3)CommitteeThe
 term Committee means the Plug-In Electric Drive Vehicle Technical
 Advisory Committee established by section 144.
 (4)Deployment
 communityThe term
 deployment community means a community selected by the Secretary
 to be part of the targeted plug-in electric drive vehicles deployment
 communities program under section 126.
 (5)Electric
 utilityThe term electric utility has the meaning
 given the term in section 3 of the Public Utility Regulatory Policies Act of
 1978 (16 U.S.C. 2602).
 (6)Federal-aid
 system of highwaysThe term Federal-aid system of
 highways means a highway system described in section 103 of title 23,
 United States Code.
 (7)Plug-in
 electric drive vehicle
 (A)In
 generalThe term plug-in electric drive vehicle has
 the meaning given the term in section 131(a)(5) of the Energy Independence and
 Security Act of 2007 (42 U.S.C. 17011(a)(5)).
 (B)InclusionsThe
 term plug-in electric drive vehicle includes—
 (i)low speed
 plug-in electric drive vehicles that meet the Federal Motor Vehicle Safety
 Standards described in section 571.500 of title 49, Code of Federal Regulations
 (or successor regulations); and
 (ii)any other
 electric drive motor vehicle that can be recharged from an external source of
 motive power and that is authorized to travel on the Federal-aid system of
 highways.
 (8)PrizeThe
 term Prize means the Advanced Batteries for Tomorrow Prize
 established by section 132.
 (9)SecretaryThe
 term Secretary means the Secretary of Energy.
 (10)Task
 ForceThe term Task Force means the Plug-in Electric
 Drive Vehicle Interagency Task Force established by section 145.
 INational
 plug-In electric drive vehicle deployment program.
 121.National
 Plug-In Electric Drive Vehicle Deployment Program
 (a)In
 generalThere is established within the Department of Energy a
 national plug-in electric drive vehicle deployment program for the purpose of
 assisting in the deployment of plug-in electric drive vehicles.
 (b)GoalsThe
 goals of the national program described in subsection (a) include—
 (1)the reduction
 and displacement of petroleum use by accelerating the deployment of plug-in
 electric drive vehicles in the United States;
 (2)the reduction
 of greenhouse gas emissions by accelerating the deployment of plug-in electric
 drive vehicles in the United States;
 (3)the
 facilitation of the rapid deployment of plug-in electric drive vehicles;
 (4)the
 achievement of significant market penetrations by plug-in electric drive
 vehicles nationally;
 (5)the
 establishment of models for the rapid deployment of plug-in electric drive
 vehicles nationally, including models for the deployment of residential,
 private, and publicly available charging infrastructure;
 (6)the increase
 of consumer knowledge and acceptance of plug-in electric drive vehicles;
 (7)the
 encouragement of the innovation and investment necessary to achieve mass market
 deployment of plug-in electric drive vehicles;
 (8)the
 facilitation of the integration of plug-in electric drive vehicles into
 electricity distribution systems and the larger electric grid while maintaining
 grid system performance and reliability;
 (9)the provision
 of technical assistance to communities across the United States to prepare for
 plug-in electric drive vehicles; and
 (10)the support
 of workforce training across the United States relating to plug-in electric
 drive vehicles.
 (c)DutiesIn
 carrying out this subtitle, the Secretary shall—
 (1)provide
 technical assistance to State, local, and tribal governments that want to
 create deployment programs for plug-in electric drive vehicles in the
 communities over which the governments have jurisdiction;
 (2)perform
 national assessments of the potential deployment of plug-in electric drive
 vehicles under section 122;
 (3)synthesize
 and disseminate data from the deployment of plug-in electric drive
 vehicles;
 (4)develop best
 practices for the successful deployment of plug-in electric drive
 vehicles;
 (5)carry out
 workforce training under section 124;
 (6)establish the
 targeted plug-in electric drive vehicle deployment communities program under
 section 126; and
 (7)in
 conjunction with the Task Force, make recommendations to Congress and the
 President on methods to reduce the barriers to plug-in electric drive vehicle
 deployment.
 (d)ReportNot
 later than 18 months after the date of enactment of this Act and biennially
 thereafter, the Secretary shall submit to the appropriate committees of
 Congress a report on the progress made in implementing the national program
 described in subsection (a) that includes—
 (1)a description
 of the progress made by—
 (A)the technical
 assistance program under section 123; and
 (B)the workforce
 training program under section 124; and
 (2)any updated
 recommendations of the Secretary for changes in Federal programs to promote the
 purposes of this subtitle.
 (e)National
 information clearinghouseThe Secretary shall make available to
 the public, in a timely manner, information regarding—
 (1)the cost,
 performance, usage data, and technical data regarding plug-in electric drive
 vehicles and associated infrastructure, including information from the
 deployment communities established under section 126; and
 (2)any other
 educational information that the Secretary determines to be appropriate.
 (f)Authorization
 of AppropriationsFor the period of fiscal years 2011 through
 2016, there are authorized to be appropriated $100,000,000 to carry out
 sections 121 through 123.
 122.National
 assessment and plan
 (a)In
 generalNot later than 2 years after the date of enactment of
 this Act, the Secretary shall carry out a national assessment and develop a
 national plan for plug-in electric drive vehicle deployment that
 includes—
 (1)an assessment
 of the maximum feasible deployment of plug-in electric drive vehicles by 2020
 and 2030;
 (2)the
 establishment of national goals for market penetration of plug-in electric
 drive vehicles by 2020 and 2030;
 (3)a plan for
 integrating the successes and barriers to deployment identified by the
 deployment communities program established under section 126 to prepare
 communities across the Nation for the rapid deployment of plug-in electric
 drive vehicles;
 (4)a plan for
 providing technical assistance to communities across the United States to
 prepare for plug-in electric drive vehicle deployment;
 (5)a plan for
 quantifying the reduction in petroleum consumption and the net impact on
 greenhouse gas emissions due to the deployment of plug-in electric drive
 vehicles; and
 (6)in
 consultation with the Task Force, any recommendations to the President and to
 Congress for changes in Federal programs (including laws, regulations, and
 guidelines)—
 (A)to better
 promote the deployment of plug-in electric drive vehicles; and
 (B)to reduce
 barriers to the deployment of plug-in electric drive vehicles.
 (b)UpdatesNot
 later than 2 years after the date of development of the plan described in
 subsection (a), and not less frequently than once every 2 years thereafter, the
 Secretary shall use market data and information from the targeted plug-in
 electric drive vehicle deployment communities program established under section
 126 and other relevant data to update the plan to reflect real world market
 conditions.
 123.Technical
 assistance
 (a)Technical
 assistance to State, local, and tribal governments
 (1)In
 generalIn carrying out this subtitle, the Secretary shall
 provide, at the request of the Governor, Mayor, county executive, or the
 designee of such an official, technical assistance to State, local, and tribal
 governments to assist with the deployment of plug-in electric drive
 vehicles.
 (2)RequirementsThe
 technical assistance described in paragraph (1) shall include—
 (A)training on
 codes and standards for building and safety inspectors;
 (B)training on
 best practices for expediting permits and inspections;
 (C)education and
 outreach on frequently asked questions relating to the various types of plug-in
 electric drive vehicles and associated infrastructure, battery technology, and
 disposal; and
 (D)the
 dissemination of information regarding best practices for the deployment of
 plug-in electric drive vehicles.
 (3)PriorityIn
 providing technical assistance under this subsection, the Secretary shall give
 priority to—
 (A)communities
 that have established public and private partnerships, including partnerships
 comprised of—
 (i)elected and
 appointed officials from each of the participating State, local, and tribal
 governments;
 (ii)relevant
 generators and distributors of electricity;
 (iii)public
 utility commissions;
 (iv)departments
 of public works and transportation;
 (v)owners and
 operators of property that will be essential to the deployment of a sufficient
 level of publicly available charging infrastructure (including privately owned
 parking lots or structures and commercial entities with public access
 locations);
 (vi)plug-in
 electric drive vehicle manufacturers or retailers;
 (vii)third-party
 providers of charging infrastructure or services;
 (viii)owners of
 any major fleet that will participate in the program;
 (ix)as
 appropriate, owners and operators of regional electric power distribution and
 transmission facilities; and
 (x)other
 existing community coalitions recognized by the Department of Energy;
 (B)communities
 that, as determined by the Secretary, have best demonstrated that the public is
 likely to embrace plug-in electric drive vehicles, giving particular
 consideration to communities that—
 (i)have documented
 waiting lists to purchase plug-in electric drive vehicles;
 (ii)have developed
 projections of the quantity of plug-in electric drive vehicles supplied to
 dealers; and
 (iii)have assessed
 the quantity of charging infrastructure installed or for which permits have
 been issued;
 (C)communities
 that have shown a commitment to serving diverse consumer charging
 infrastructure needs, including the charging infrastructure needs for single-
 and multi-family housing and public and privately owned commercial
 infrastructure; and
 (D)communities
 that have established regulatory and educational efforts to facilitate consumer
 acceptance of plug-in electric drive vehicles, including by—
 (i)adopting (or
 being in the process of adopting) streamlined permitting and inspections
 processes for residential charging infrastructure; and
 (ii)providing
 customer informational resources, including providing plug-in electric drive
 information on community or other Web sites.
 (4)Best
 practicesThe Secretary shall collect and disseminate information
 to State, local, and tribal governments creating plans to deploy plug-in
 electric drive vehicles on best practices (including codes and standards) that
 uses data from—
 (A)the program
 established by section 126;
 (B)the
 activities carried out by the Task Force; and
 (C)existing academic
 and industry studies of the factors that contribute to the successful
 deployment of new technologies, particularly studies relating to alternative
 fueled vehicles.
 (5)Grants
 (A)In
 generalThe Secretary shall establish a program to provide grants
 to State, local, and tribal governments or to partnerships of government and
 private entities to assist the governments and partnerships—
 (i)in preparing
 a community deployment plan under section 126; and
 (ii)in preparing
 and implementing programs that support the deployment of plug-in electric drive
 vehicles.
 (B)ApplicationA
 State, local, or tribal government that seeks to receive a grant under this
 paragraph shall submit to the Secretary an application for the grant at such
 time, in such form, and containing such information as the Secretary may
 prescribe.
 (C)Use of
 fundsA State, local, or tribal government receiving a grant
 under this paragraph shall use the funds—
 (i)to develop a
 community deployment plan that shall be submitted to the next available
 competition under section 126; and
 (ii)to carry out
 activities that encourage the deployment of plug-in electric drive vehicles
 including—
 (I)planning for
 and installing charging infrastructure, particularly to develop and demonstrate
 diverse and cost-effective planning, installation, and operations options for
 deployment of single family and multifamily residential, workplace, and
 publicly available charging infrastructure;
 (II)updating
 building, zoning, or parking codes and permitting or inspection
 processes;
 (III)workforce
 training, including the training of permitting officials;
 (IV)public
 education described in the proposed marketing plan;
 (V)shifting
 State, local, or tribal government fleets to plug-in electric drive vehicles,
 at a rate in excess of the existing alternative fueled fleet vehicles
 acquisition requirements for Federal fleets under section 303(b)(1)(D) of the
 Energy Policy Act of 1992 (42 U.S.C. 13212(b)(1)(D)); and
 (VI)any other
 activities, as determined to be necessary by the Secretary.
 (D)CriteriaThe
 Secretary shall develop and publish criteria for the selection of technical
 assistance grants, including requirements for the submission of applications
 under this paragraph.
 (E)Authorization
 of appropriationsThere are authorized to be appropriated such
 sums as are necessary to carry out this paragraph.
 (b)Updating
 model building codes, permitting and inspection processes, and zoning or
 parking rules
 (1)In
 generalNot later than 1 year after the date of enactment of this
 Act, the Secretary, in consultation with the American Society of Heating,
 Refrigerating and Air-Conditioning Engineers, the International Code Council,
 and any other organizations that the Secretary determines to be appropriate,
 shall develop and publish guidance for—
 (A)model
 building codes for the inclusion of separate circuits for charging
 infrastructure, as appropriate, in new construction and major renovations of
 private residences, buildings, or other structures that could provide publicly
 available charging infrastructure;
 (B)model
 construction permitting or inspection processes that allow for the expedited
 installation of charging infrastructure for purchasers of plug-in electric
 drive vehicles (including a permitting process that allows a vehicle purchaser
 to have charging infrastructure installed not later than 1 week after a
 request); and
 (C)model zoning,
 parking rules, or other local ordinances that—
 (i)facilitate
 the installation of publicly available charging infrastructure, including
 commercial entities that provide public access to infrastructure; and
 (ii)allow for
 access to publicly available charging infrastructure.
 (2)Optional
 adoptionAn applicant for selection for technical assistance
 under this section or as a deployment community under section 126 shall not be
 required to use the model building codes, permitting and inspection processes,
 or zoning, parking rules, or other ordinances included in the report under
 paragraph (1).
 (3)Smart grid
 integrationIn developing the model codes or ordinances described
 in paragraph (1), the Secretary shall consider smart grid integration.
 124.Workforce
 training
 (a)Maintenance
 and support
 (1)In
 generalThe Secretary, in consultation with the Committee and the
 Task Force, shall award grants to institutions of higher education and other
 qualified training and education institutions for the establishment of programs
 to provide training and education for vocational workforce development through
 centers of excellence.
 (2)PurposeTraining
 funded under this subsection shall be intended to ensure that the workforce has
 the necessary skills needed to work on and maintain plug-in electric drive
 vehicles and the infrastructure required to support plug-in electric drive
 vehicles.
 (3)ScopeTraining
 funded under this subsection shall include training for—
 (A)first
 responders;
 (B)electricians
 and contractors who will be installing infrastructure;
 (C)engineers;
 (D)code
 inspection officials; and
 (E)dealers and
 mechanics.
 (b)DesignThe
 Secretary shall award grants to institutions of higher education and other
 qualified training and education institutions for the establishment of programs
 to provide training and education in designing plug-in electric drive vehicles
 and associated components and infrastructure to ensure that the United States
 can lead the world in this field.
 (c)Authorization
 of appropriationsThere is authorized to be appropriated
 $150,000,000 to carry out this section.
 125.Federal
 fleets
 (a)In
 generalElectricity consumed by Federal agencies to fuel plug-in
 electric drive vehicles—
 (1)is an
 alternative fuel (as defined in section 301 of the Energy Policy Act of 1992
 (42 U.S.C. 13218)); and
 (2)shall be
 accounted for under Federal fleet management reporting requirements, not under
 Federal building management reporting requirements.
 (b)Assessment
 and reportNot later than 180 days after the date of enactment of
 this Act and every 3 years thereafter, the Federal Energy Management Program
 and the General Services Administration, in consultation with the Task Force,
 shall complete an assessment of Federal Government fleets, including the Postal
 Service and the Department of Defense, and submit a report to Congress that
 describes—
 (1)for each
 Federal agency, which types of vehicles the agency uses that would or would not
 be suitable for near-term and medium-term conversion to plug-in electric drive
 vehicles, taking into account the types of vehicles for which plug-in electric
 drive vehicles could provide comparable functionality and lifecycle
 costs;
 (2)how many
 plug-in electric drive vehicles could be deployed by the Federal Government in
 5 years and in 10 years, assuming that plug-in electric drive vehicles are
 available and are purchased when new vehicles are needed or existing vehicles
 are replaced;
 (3)the estimated
 cost to the Federal Government for vehicle purchases under paragraph (2);
 and
 (4)a description
 of any updates to the assessment based on new market data.
 (c)Inventory
 and data collection
 (1)In
 generalIn carrying out the assessment and report under
 subsection (b), the Federal Energy Management Program, in consultation with the
 General Services Administration, shall—
 (A)develop an
 information request for each agency that operates a fleet of at least 20 motor
 vehicles; and
 (B)establish
 guidelines for each agency to use in developing a plan to deploy plug-in
 electric drive vehicles.
 (2)Agency
 responsesEach agency that operates a fleet of at least 20 motor
 vehicles shall—
 (A)collect
 information on the vehicle fleet of the agency in response to the information
 request described in paragraph (1); and
 (B)develop a
 plan to deploy plug-in electric drive vehicles.
 (3)Analysis of
 responsesThe Federal Energy Management Program shall—
 (A)analyze the
 information submitted by each agency under paragraph (2);
 (B)approve or
 suggest amendments to the plan of each agency to ensure that the plan is
 consistent with the goals and requirements of this Act; and
 (C)submit a plan
 to Congress and the General Services Administration to be used in developing
 the pilot program described in subsection (e).
 (d)Budget
 requestEach agency of the
 Federal Government shall include plug-in electric drive vehicle purchases
 identified in the report under subsection (b) in the budget of the agency to be
 included in the budget of the United States Government submitted by the
 President under section 1105 of title 31, United States Code.
 (e)Pilot
 program To deploy plug-In electric drive vehicles in the Federal fleet
 (1)In
 generalThe Administrator of General Services shall acquire
 plug-in electric drive vehicles and the requisite charging infrastructure to be
 deployed in a range of locations in Federal Government fleets, which may
 include the United States Postal Service and the Department of Defense, during
 the 5-year period beginning on the date of enactment of this Act.
 (2)Data
 collectionThe Administrator of General Services shall collect
 data regarding—
 (A)the cost,
 performance, and use of plug-in electric drive vehicles in the Federal
 fleet;
 (B)the
 deployment and integration of plug-in electric drive vehicles in the Federal
 fleet; and
 (C)the
 contribution of plug-in electric drive vehicles in the Federal fleet toward
 reducing the use of fossil fuels and greenhouse gas emissions.
 (3)ReportNot
 later than 6 years after the date of enactment of this Act, the Administrator
 of General Services shall submit to the appropriate committees of Congress a
 report that—
 (A)describes the
 status of plug-in electric drive vehicles in the Federal fleet; and
 (B)includes an
 analysis of the data collected under this subsection.
 (4)Public web
 siteThe Federal Energy Management Program shall maintain and
 regularly update a publicly available Web site that provides information on the
 status of plug-in electric drive vehicles in the Federal fleet.
 (f)Acquisition
 prioritySection 507(g) of the Energy Policy Act of 1992 (42
 U.S.C. 13257(g)) is amended by adding at the end the following:
 (5)PriorityThe
 Secretary shall, to the maximum extent practicable, prioritize the acquisition
 of plug-in electric drive vehicles (as defined in section 131(a) of the Energy
 Independence and Security Act of 2007 (42 U.S.C. 17011(a)) over nonelectric
 alternative fueled
 vehicles.
 .
 (g)Authorization
 of appropriationsThere is
 authorized to be appropriated for the Federal Government to pay for incremental
 costs to purchase or lease plug-in electric drive vehicles and the requisite
 charging infrastructure for Federal fleets $25,000,000.
 126.Targeted
 Plug-In Electric Drive Vehicle Deployment Communities Program
 (a)Establishment
 (1)In
 generalThere is established within the national plug-in electric
 drive deployment program established under section 121 a targeted plug-in
 electric drive vehicle deployment communities program (referred to in this
 section as the Program).
 (2)Existing
 activitiesIn carrying out the Program, the Secretary shall
 coordinate and supplement, not supplant, any ongoing plug-in electric drive
 deployment activities under section 131 of the Energy Independence and Security
 Act of 2007 (42 U.S.C. 17011).
 (3)Phase
 1
 (A)In
 generalThe Secretary shall establish a competitive process to
 select phase 1 deployment communities for the Program.
 (B)Eligible
 entitiesIn selecting participants for the Program under
 paragraph (1), the Secretary shall only consider applications submitted by
 State, tribal, or local government entities (or groups of State, tribal, or
 local government entities).
 (C)SelectionNot
 later than 1 year after the date of enactment of this Act and not later than 1
 year after the date on which any subsequent amounts are appropriated for the
 Program, the Secretary shall select the phase 1 deployment communities under
 this paragraph.
 (D)TerminationPhase
 1 of the Program shall be carried out for a 3-year period beginning on the date
 funding under this subtitle is first provided to the deployment
 community.
 (4)Phase
 2Not later than 3 years after the date of enactment of this Act,
 the Secretary shall submit to Congress a report that analyzes the lessons
 learned in phase I and, if, based on the phase I analysis, the Secretary
 determines that a phase II program is warranted, makes recommendations and
 describes a plan for phase II, including—
 (A)recommendations
 regarding—
 (i)options for
 the number of additional deployment communities that should be selected;
 (ii)the manner
 in which criteria for selection should be updated;
 (iii)the manner
 in which incentive structures for phase 2 deployment should be changed;
 and
 (iv)whether
 other forms of onboard energy storage for electric drive vehicles, such as fuel
 cells, should be included in phase 2; and
 (B)a request for
 appropriations to implement phase 2 of the Program.
 (b)GoalsThe
 goals of the Program are—
 (1)to facilitate
 the rapid deployment of plug-in electric drive vehicles, including—
 (A)the
 deployment of 400,000 plug-in electric drive vehicles in phase 1 in the
 deployment communities selected under paragraph (2);
 (B)the near-term
 achievement of significant market penetration in deployment communities;
 and
 (C)supporting
 the achievement of significant market penetration nationally;
 (2)to establish
 models for the rapid deployment of plug-in electric drive vehicles nationally,
 including for the deployment of single-family and multifamily residential,
 workplace, and publicly available charging infrastructure;
 (3)to increase
 consumer knowledge and acceptance of, and exposure to, plug-in electric drive
 vehicles;
 (4)to encourage
 the innovation and investment necessary to achieve mass market deployment of
 plug-in electric drive vehicles;
 (5)to
 demonstrate the integration of plug-in electric drive vehicles into electricity
 distribution systems and the larger electric grid while maintaining or
 improving grid system performance and reliability;
 (6)to
 demonstrate protocols and communication standards that facilitate vehicle
 integration into the grid and provide seamless charging for consumers traveling
 through multiple utility distribution systems;
 (7)to
 investigate differences among deployment communities and to develop best
 practices for implementing vehicle electrification in various communities,
 including best practices for planning for and facilitating the construction of
 residential, workplace, and publicly available infrastructure to support
 plug-in electric drive vehicles;
 (8)to collect
 comprehensive data on the purchase and use of plug-in electric drive vehicles,
 including charging profile data at unit and aggregate levels, to inform best
 practices for rapidly deploying plug-in electric drive vehicles in other
 locations, including for the installation of charging infrastructure;
 (9)to reduce and
 displace petroleum use and reduce greenhouse gas emissions by accelerating the
 deployment of plug-in electric drive vehicles in the United States; and
 (10)to increase
 domestic manufacturing capacity and commercialization in a manner that will
 establish the United States as a world leader in plug-in electric drive vehicle
 technologies.
 (c)Phase 1
 deployment community selection criteria
 (1)In
 generalThe Secretary shall ensure, to the maximum extent
 practicable, that selected deployment communities in phase 1 serve as models of
 deployment for various communities across the United States.
 (2)SelectionIn
 selecting communities under this section, the Secretary—
 (A)shall ensure,
 to the maximum extent practicable, that—
 (i)the
 combination of selected communities is diverse in population density,
 demographics, urban and suburban composition, typical commuting patterns,
 climate, and type of utility (including investor-owned, publicly owned,
 cooperatively owned, distribution-only, and vertically integrated
 utilities);
 (ii)the
 combination of selected communities is diverse in geographic distribution, and
 at least 1 deployment community is located in each Petroleum Administration for
 Defense District;
 (iii)at least 1
 community selected has a population of less than 125,000;
 (iv)grants are
 of a sufficient amount such that each deployment community will achieve
 significant market penetration; and
 (v)the
 deployment communities are representative of other communities across the
 United States;
 (B)is encouraged
 to select a combination of deployment communities that includes multiple models
 or approaches for deploying plug-in electric drive vehicles that the Secretary
 believes are reasonably likely to be effective, including multiple approaches
 to the deployment of charging infrastructure;
 (C)in addition
 to the criteria described in subparagraph (A), may give preference to
 applicants proposing a greater non-Federal cost share; and
 (D)when considering
 deployment community plans, shall take into account previous Department of
 Energy and other Federal investments to ensure that the maximum domestic
 benefit from Federal investments is realized.
 (3)Criteria
 (A)In
 generalNot later than 120 days after the date of enactment of
 this Act, and not later than 90 days after the date on which any subsequent
 amounts are appropriated for the Program, the Secretary shall publish criteria
 for the selection of deployment communities that include requirements that
 applications be submitted by a State, tribal, or local government entity (or
 groups of State, tribal, or local government entities).
 (B)Application
 requirementsThe criteria published by the Secretary under
 subparagraph (A) shall include application requirements that, at a minimum,
 include—
 (i)goals
 for—
 (I)the number of
 plug-in electric drive vehicles to be deployed in the community;
 (II)the expected
 percentage of light-duty vehicle sales that would be sales of plug-in electric
 drive vehicles; and
 (III)the
 adoption of plug-in electric drive vehicles (including medium- or heavy-duty
 vehicles) in private and public fleets during the 3-year duration of the
 Program;
 (ii)data that
 demonstrate that—
 (I)the public is
 likely to embrace plug-in electric drive vehicles, which may include—
 (aa)the
 quantity of plug-in electric drive vehicles purchased;
 (bb)the
 number of individuals on a waiting list to purchase a plug-in electric drive
 vehicle;
 (cc)projections of
 the quantity of plug-in electric drive vehicles supplied to dealers; and
 (dd)any
 assessment of the quantity of charging infrastructure installed or for which
 permits have been issued; and
 (II)automobile
 manufacturers and dealers will be able to provide and service the targeted
 number of plug-in electric drive vehicles in the community for the duration of
 the program;
 (iii)clearly
 defined geographic boundaries of the proposed deployment area;
 (iv)a community
 deployment plan for the deployment of plug-in electric drive vehicles, charging
 infrastructure, and services in the deployment community;
 (v)assurances
 that a majority of the vehicle deployments anticipated in the plan will be
 personal vehicles authorized to travel on the United States Federal-aid system
 of highways, and secondarily, private or public sector plug-in electric drive
 fleet vehicles, but may also include—
 (I)medium- and
 heavy-duty plug-in hybrid vehicles;
 (II)low speed
 plug-in electric drive vehicles that meet Federal Motor Vehicle Safety
 Standards described in section 571.500 of title 49, Code of Federal
 Regulations; and
 (III)any other
 plug-in electric drive vehicle authorized to travel on the United States
 Federal-aid system of highways; and
 (vi)any other
 merit-based criteria, as determined by the Secretary.
 (4)Community
 deployment plansPlans for the deployment of plug-in electric
 drive vehicles shall include—
 (A)a proposed
 level of cost sharing in accordance with subsection (d)(2)(C);
 (B)documentation
 demonstrating a substantial partnership with relevant stakeholders,
 including—
 (i)a list of
 stakeholders that includes—
 (I)elected and
 appointed officials from each of the participating State, local, and tribal
 governments;
 (II)all relevant
 generators and distributors of electricity;
 (III)State
 utility regulatory authorities;
 (IV)departments
 of public works and transportation;
 (V)owners and
 operators of property that will be essential to the deployment of a sufficient
 level of publicly available charging infrastructure (including privately owned
 parking lots or structures and commercial entities with public access
 locations);
 (VI)plug-in
 electric drive vehicle manufacturers or retailers;
 (VII)third-party
 providers of residential, workplace, private, and publicly available charging
 infrastructure or services;
 (VIII)owners of
 any major fleet that will participate in the program;
 (IX)as
 appropriate, owners and operators of regional electric power distribution and
 transmission facilities; and
 (X)as
 appropriate, other existing community coalitions recognized by the Department
 of Energy;
 (ii)evidence of
 the commitment of the stakeholders to participate in the partnership;
 (iii)a clear
 description of the role and responsibilities of each stakeholder; and
 (iv)a plan for
 continuing the engagement and participation of the stakeholders, as
 appropriate, throughout the implementation of the deployment plan;
 (C)a description
 of the number of plug-in electric drive vehicles anticipated to be plug-in
 electric drive personal vehicles and the number of plug-in electric drive
 vehicles anticipated to be privately owned fleet or public fleet
 vehicles;
 (D)a plan for
 deploying residential, workplace, private, and publicly available charging
 infrastructure, including—
 (i)an assessment
 of the number of consumers who will have access to private residential charging
 infrastructure in single-family or multifamily residences;
 (ii)options for
 accommodating plug-in electric drive vehicle owners who are not able to charge
 vehicles at their place of residence;
 (iii)an
 assessment of the number of consumers who will have access to workplace
 charging infrastructure;
 (iv)a
 plan for ensuring that the charging infrastructure or plug-in electric drive
 vehicle be able to send and receive the information needed to interact with the
 grid and be compatible with smart grid technologies to the extent
 feasible;
 (v)an estimate
 of the number and dispersion of publicly and privately owned charging stations
 that will be publicly or commercially available;
 (vi)an estimate
 of the quantity of charging infrastructure that will be privately funded or
 located on private property; and
 (vii)a
 description of equipment to be deployed, including assurances that, to the
 maximum extent practicable, equipment to be deployed will meet open,
 nonproprietary standards for connecting to plug-in electric drive vehicles that
 are either—
 (I)commonly
 accepted by industry at the time the equipment is being acquired; or
 (II)meet the
 standards developed by the Director of the National Institute of Standards and
 Technology under section 1305 of the Energy Independence and Security Act of
 2007 (42 U.S.C. 17385);
 (E)a plan for
 effective marketing of and consumer education relating to plug-in electric
 drive vehicles, charging services, and infrastructure;
 (F)descriptions
 of updated building codes (or a plan to update building codes before or during
 the grant period) to include charging infrastructure or dedicated circuits for
 charging infrastructure, as appropriate, in new construction and major
 renovations;
 (G)descriptions
 of updated construction permitting or inspection processes (or a plan to update
 construction permitting or inspection processes) to allow for expedited
 installation of charging infrastructure for purchasers of plug-in electric
 drive vehicles, including a permitting process that allows a vehicle purchaser
 to have charging infrastructure installed in a timely manner;
 (H)descriptions
 of updated zoning, parking rules, or other local ordinances as are necessary to
 facilitate the installation of publicly available charging infrastructure and
 to allow for access to publicly available charging infrastructure, as
 appropriate;
 (I)a plan to
 ensure that each resident in a deployment community who purchases and registers
 a new plug-in electric drive vehicle throughout the duration of the deployment
 community receives, in addition to any Federal incentives, consumer benefits
 that may include—
 (i)a rebate of
 part of the purchase price of the vehicle;
 (ii)reductions
 in sales taxes or registration fees;
 (iii)rebates or
 reductions in the costs of permitting, purchasing, or installing home plug-in
 electric drive vehicle charging infrastructure; and
 (iv)rebates or
 reductions in State or local toll road access charges;
 (J)additional
 consumer benefits, such as preferred parking spaces or single-rider access to
 high-occupancy vehicle lanes for plug-in electric drive vehicles;
 (K)a proposed
 plan for making necessary utility and grid upgrades, including economically
 sound and cybersecure information technology upgrades and employee training,
 and a plan for recovering the cost of the upgrades;
 (L)a description
 of utility, grid operator, or third-party charging service provider, policies
 and plans for accommodating the deployment of plug-in electric drive vehicles,
 including—
 (i)rate
 structures or provisions and billing protocols for the charging of plug-in
 electric drive vehicles;
 (ii)analysis of
 potential impacts to the grid;
 (iii)plans for
 using information technology or third-party aggregators—
 (I)to minimize the
 effects of charging on peak loads;
 (II)to enhance
 reliability; and
 (III)to provide
 other grid benefits;
 (iv)plans for
 working with smart grid technologies or third-party aggregators for the
 purposes of smart charging and for allowing 2-way communication;
 (M)a deployment
 timeline;
 (N)a plan for
 monitoring and evaluating the implementation of the plan, including metrics for
 assessing the success of the deployment and an approach to updating the plan,
 as appropriate; and
 (O)a description
 of the manner in which any grant funds applied for under subsection (d) will be
 used and the proposed local cost share for the funds.
 (d)Phase 1
 applications and grants
 (1)Applications
 (A)In
 generalNot later than 150 days after the date of publication by
 the Secretary of selection criteria described in subsection (c)(3), any State,
 tribal, or local government, or group of State, tribal, or local governments
 may apply to the Secretary to become a deployment community.
 (B)Joint
 sponsorship
 (i)In
 generalAn application submitted under subparagraph (A) may be
 jointly sponsored by electric utilities, automobile manufacturers, technology
 providers, carsharing companies or organizations, third-party plug-in electric
 drive vehicle service providers, or other appropriated entities.
 (ii)Disbursement
 of grantsA grant provided under this subsection shall only be
 disbursed to a State, tribal, or local government, or group of State, tribal,
 or local governments, regardless of whether the application is jointly
 sponsored under clause (i).
 (2)Grants
 (A)In
 generalIn each application, the applicant may request up to
 $250,000,000 in financial assistance from the Secretary to fund projects in the
 deployment community.
 (B)Use of
 fundsFunds provided through a grant under this paragraph may be
 used to help implement the plan for the deployment of plug-in electric drive
 vehicles included in the application, including—
 (i)planning for
 and installing charging infrastructure, including offering additional
 incentives as described in subsection (c)(4)(I);
 (ii)updating
 building codes, zoning or parking rules, or permitting or inspection processes
 as described in subparagraphs (F), (G), and (H) of subsection (c)(4);
 (iii)reducing
 the cost and increasing the consumer adoption of plug-in electric drive
 vehicles through incentives as described in subsection (c)(4)(I);
 (iv)workforce
 training, including training of permitting officials;
 (v)public
 education and marketing described in the proposed marketing plan;
 (vi)shifting
 State, tribal, or local government fleets to plug-in electric drive vehicles,
 at a rate in excess of the existing alternative fueled fleet vehicle
 acquisition requirements for Federal fleets under section 303(b)(1)(D) of the
 Energy Policy Act of 1992 (42 U.S.C. 13212(b)(1)(D)); and
 (vii)necessary
 utility and grid upgrades as described in subsection (c)(4)(K).
 (C)Cost-sharing
 (i)In
 generalA grant provided under this paragraph shall be subject to
 a minimum non-Federal cost-sharing requirement of 20 percent.
 (ii)Non-Federal
 sourcesThe Secretary shall—
 (I)determine the
 appropriate cost share for each selected applicant; and
 (II)require that
 not less than 20 percent of the cost of an activity funded by a grant under
 this paragraph be provided by a non-Federal source.
 (iii)ReductionThe
 Secretary may reduce or eliminate the cost-sharing requirement described in
 clause (i), as the Secretary determines to be necessary.
 (iv)Calculation
 of amountIn calculating the amount of the non-Federal share
 under this section, the Secretary—
 (I)may include
 allowable costs in accordance with the applicable cost principles,
 including—
 (aa)cash;
 (bb)personnel
 costs;
 (cc)the value of
 a service, other resource, or third-party in-kind contribution determined in
 accordance with the applicable circular of the Office of Management and
 Budget;
 (dd)indirect
 costs or facilities and administrative costs; or
 (ee)any funds
 received under the power program of the Tennessee Valley Authority or any Power
 Marketing Administration (except to the extent that such funds are made
 available under an annual appropriation Act);
 (II)shall
 include contributions made by State, tribal, or local government entities and
 private entities; and
 (III)shall not
 include—
 (aa)revenues or
 royalties from the prospective operation of an activity beyond the time
 considered in the grant;
 (bb)proceeds
 from the prospective sale of an asset of an activity; or
 (cc)other
 appropriated Federal funds.
 (v)Repayment
 of Federal shareThe Secretary shall not require repayment of the
 Federal share of a cost-shared activity under this section as a condition of
 providing a grant.
 (vi)Title to
 propertyThe Secretary may vest title or other property interests
 acquired under projects funded under this subtitle in any entity, including the
 United States.
 (3)SelectionNot
 later than 120 days after an application deadline has been established under
 paragraph (1), the Secretary shall announce the names of the deployment
 communities selected under this subsection.
 (e)Reporting
 requirements
 (1)In
 generalThe Secretary, in consultation with the Committee,
 shall—
 (A)determine
 what data will be required to be collected by participants in deployment
 communities and submitted to the Department to allow for analysis of the
 deployment communities;
 (B)provide for the
 protection of consumer privacy, as appropriate; and
 (C)develop
 metrics to evaluate the performance of the deployment communities.
 (2)Provision
 of dataAs a condition of participation in the Program, a
 deployment community shall provide any data identified by the Secretary under
 paragraph (1).
 (3)ReportsNot
 later than 3 years after the date of enactment of this Act and again after the
 completion of the Program, the Secretary shall submit to Congress a report that
 contains—
 (A)a description
 of the status of—
 (i)the
 deployment communities and the implementation of the deployment plan of each
 deployment community;
 (ii)the rate of
 vehicle deployment and market penetration of plug-in electric drive vehicles;
 and
 (iii)the
 deployment of residential and publicly available infrastructure;
 (B)a description
 of the challenges experienced and lessons learned from the program to date,
 including the activities described in subparagraph (A); and
 (C)an analysis
 of the data collected under this subsection.
 (f)Proprietary
 informationThe Secretary shall, as appropriate, provide for the
 protection of proprietary information and intellectual property rights.
 (g)Authorization
 of appropriationsThere is
 authorized to be appropriated to carry out this section $2,000,002,000.
 (h)Conforming
 amendmentSection 166(b)(5) of title 23, United States Code, is
 amended—
 (1)in
 subparagraph (A), by striking Before September 30, 2009, the
 State and inserting The State; and
 (2)in
 subparagraph (B), by striking Before September 30, 2009, the
 State and inserting The State.
 IIResearch and
 development
 131.Research
 and development program
 (a)Research
 and development program
 (1)In
 generalThe Secretary, in consultation with the Committee, shall
 establish a program to fund research and development in advanced batteries,
 plug-in electric drive vehicle components, plug-in electric drive
 infrastructure, and other technologies supporting the development, manufacture,
 and deployment of plug-in electric drive vehicles and charging
 infrastructure.
 (2)Use of
 fundsThe program may include funding for—
 (A)the
 development of low-cost, smart-charging and vehicle-to-grid connectivity
 technology;
 (B)the
 benchmarking and assessment of open software systems using nationally
 established evaluation criteria; and
 (C)new
 technologies in electricity storage or electric drive components for
 vehicles.
 (3)ReportNot
 later than 4 years after the date of enactment of this Act, the Secretary shall
 submit to Congress a report describing the status of the program described in
 paragraph (1).
 (b)Secondary
 use applications program
 (1)In
 generalThe Secretary, in consultation with the Committee, shall
 carry out a research, development, and demonstration program that builds upon
 any work carried out under section 915 of the Energy Policy Act of 2005 (42
 U.S.C. 16195) and—
 (A)identifies
 possible uses of a vehicle battery after the useful life of the battery in a
 vehicle has been exhausted;
 (B)assesses the
 potential for markets for uses described in subparagraph (A) to develop, as
 well as any barriers to the development of the markets;
 (C)identifies
 the infrastructure, technology, and equipment needed to manage the charging
 activity of the batteries used in stationary sources; and
 (D)identifies the
 potential uses of a vehicle battery—
 (i)with the most
 promise for market development; and
 (ii)for which
 market development would be aided by a demonstration project.
 (2)ReportNot
 later than 2 years after the date of enactment of this Act, the Secretary shall
 submit to the appropriate committees of Congress an initial report on the
 findings of the program described in paragraph (1), including recommendations
 for stationary energy storage and other potential applications for batteries
 used in plug-in electric drive vehicles.
 (c)Secondary
 use demonstration projects
 (1)In
 generalBased on the results of the program described in
 subsection (b), the Secretary, in consultation with the Committee, shall
 develop guidelines for projects that demonstrate the secondary uses of vehicle
 batteries.
 (2)Publication
 of guidelinesNot later than 30 months after the date of
 enactment of this Act, the Secretary shall—
 (A)publish the
 guidelines described in paragraph (1); and
 (B)solicit
 applications for funding for demonstration projects.
 (3)Grant
 programNot later than 38 months after the date of enactment of
 this Act, the Secretary shall select proposals for grant funding under this
 section, based on an assessment of which proposals are mostly likely to
 contribute to the development of a secondary market for batteries.
 (d)Materials
 Recycling Study
 (1)In
 generalThe Secretary, in consultation with the Committee, shall
 carry out a study on the recycling of materials from plug-in electric drive
 vehicles and the batteries used in plug-in electric drive vehicles.
 (2)ReportNot
 later than 2 years after the date of enactment of this Act, the Secretary shall
 submit to the appropriate committees of Congress a report on the findings of
 the study described in paragraph (1).
 (e)Authorization
 of appropriationsThere is
 authorized to be appropriated to carry out this section $1,535,000,000,
 including—
 (1)$1,500,000,000
 for use in conducting the program described in subsection (a) for fiscal years
 2011 through 2020;
 (2)$5,000,000
 for use in conducting the program described in subsection (b) for fiscal years
 2011 through 2016;
 (3)$25,000,000
 for use in providing grants described in subsection (c) for fiscal years 2011
 through 2020; and
 (4)$5,000,000
 for use in conducting the study described in subsection (d) for fiscal years
 2011 through 2013.
 132.Advanced
 batteries for tomorrow prize
 (a)In
 generalNot later than 1 year
 after the date of enactment of this Act, as part of the program described in
 section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396), the Secretary
 shall establish the Advanced Batteries for Tomorrow Prize to competitively
 award cash prizes in accordance with this section to advance the research,
 development, demonstration, and commercial application of a 500-mile vehicle
 battery.
 (b)Battery
 specifications
 (1)In
 generalTo be eligible for the Prize, a battery submitted by an
 entrant shall be—
 (A)able to power
 a plug-in electric drive vehicle authorized to travel on the United States
 Federal-aid system of highways for at least 500 miles before recharging;
 (B)of a size
 that would not be cost-prohibitive or create space constraints, if
 mass-produced; and
 (C)cost-effective
 (measured in cost per kilowatt hour), if mass-produced.
 (2)Additional
 requirementsThe Secretary, in consultation with the Committee,
 shall establish any additional battery specifications that the Secretary and
 the Committee determine to be necessary.
 (c)Private
 funds
 (1)In
 generalSubject to paragraph (2) and notwithstanding section 3302
 of title 31, United States Code, the Secretary may accept, retain, and use
 funds contributed by any person, government entity, or organization for
 purposes of carrying out this subsection—
 (A)without
 further appropriation; and
 (B)without
 fiscal year limitation.
 (2)Restriction
 on participationAn entity providing private funds for the Prize
 may not participate in the competition for the Prize.
 (d)Technical
 reviewThe Secretary, in consultation with the Committee, shall
 establish a technical review committee composed of non-Federal officers to
 review data submitted by Prize entrants under this section and determine
 whether the data meets the prize specifications described in subsection
 (b).
 (e)Third-Party
 administrationThe Secretary may select, on a competitive basis,
 a third party to administer awards provided under this section.
 (f)EligibilityTo
 be eligible for an award under this section—
 (1)in the case
 of a private entity, the entity shall be incorporated in and maintain a primary
 place of business in the United States; and
 (2)in the case
 of an individual (whether participating as a single individual or in a group),
 the individual shall be a citizen or lawful permanent resident of the United
 States.
 (g)Award
 amounts
 (1)In
 generalSubject to the availability of funds to carry out this
 section, the amount of the Prize shall be $10,000,000.
 (2)Breakthrough
 achievement awardsIn addition to the award described in
 paragraph (1), the Secretary, in consultation with the technical review
 committee established under subsection (d), may award cash prizes, in amounts
 determined by the Secretary, in recognition of breakthrough achievements in
 research, development, demonstration, and commercial application of—
 (A)activities
 described in subsection (b); or
 (B)advances in
 battery durability, energy density, and power density.
 (h)500-Mile
 battery award fund
 (1)EstablishmentThere
 is established in the Treasury of the United States a fund to be known as the
 500-mile Battery Fund (referred to in this section as the
 Fund), to be administered by the Secretary, to be available
 without fiscal year limitation and subject to appropriation, to award amounts
 under this section.
 (2)Transfers
 to FundThe Fund shall consist of—
 (A)such amounts
 as are appropriated to the Fund under subsection (i); and
 (B)such amounts
 as are described in subsection (c) and that are provided for the Fund.
 (3)ProhibitionAmounts
 in the Fund may not be made available for any purpose other than a purposes
 described in subsection (a).
 (4)Annual
 reports
 (A)In
 generalNot later than 60 days after the end of each fiscal year
 beginning with fiscal year 2012, the Secretary shall submit a report on the
 operation of the Fund during the fiscal year to—
 (i)the
 Committees on Appropriations of the House of Representatives and of the
 Senate;
 (ii)the
 Committee on Energy and Natural Resources of the Senate; and
 (iii)the
 Committee on Energy and Commerce of the House of Representatives.
 (B)ContentsEach
 report shall include, for the fiscal year covered by the report, the
 following:
 (i)A statement
 of the amounts deposited into the Fund.
 (ii)A
 description of the expenditures made from the Fund for the fiscal year,
 including the purpose of the expenditures.
 (iii)Recommendations
 for additional authorities to fulfill the purpose of the Fund.
 (iv)A statement
 of the balance remaining in the Fund at the end of the fiscal year.
 (5)Separate
 appropriations accountSection 1105(a) of title 31, United States
 Code, is amended—
 (A)by
 redesignating the second paragraph (37) (relating to lists of plans and
 reports) as paragraph (39); and
 (B)by adding at
 the end the following:
 (40)a separate
 statement for the 500-mile Battery Fund established under section 132(h) of the
 Fulfilling U.S. Energy Leadership Act of
 2011, which shall include the estimated amount of deposits into
 the Fund, obligations, and outlays from the
 Fund.
 .
 (i)Authorization
 of appropriationsThere is authorized to be appropriated—
 (1)$10,000,000
 to carry out subsection (g)(1); and
 (2)$1,000,000 to
 carry out subsection (g)(2).
 133.Study on
 the supply of raw materials
 (a)In
 generalThe Secretary of the Interior, in consultation with the
 Secretary and the Task Force, shall conduct a study that—
 (1)identifies
 the raw materials needed for the manufacture of plug-in electric drive
 vehicles, batteries, and other components for plug-in electric drive vehicles,
 and for the infrastructure needed to support plug-in electric drive
 vehicles;
 (2)describes the
 primary or original sources and known reserves and resources of those raw
 materials;
 (3)assesses, in
 consultation with the National Academy of Sciences, the degree of risk to the
 manufacture, maintenance, deployment, and use of plug-in electric drive
 vehicles associated with the supply of those raw materials; and
 (4)identifies
 pathways to securing reliable and resilient supplies of those raw
 materials.
 (b)ReportNot
 later than 3 years after the date of enactment of this Act, the Secretary of
 the Interior shall submit to Congress a report that describes the results of
 the study.
 (c)Authorization
 of appropriationsThere is authorized to be appropriated to carry
 out this section $1,500,000.
 134.Study on
 the collection and preservation of data collected from plug-in electric drive
 vehicles
 (a)In
 generalNot later than 180 days after the date of enactment of
 this Act, the Secretary, in consultation with the Committee, shall enter into
 an agreement with the National Academy of Sciences under which the Academy
 shall conduct a study that—
 (1)identifies—
 (A)the data that
 may be collected from plug-in electric drive vehicles, including data on the
 location, charging patterns, and usage of plug-in electric drive
 vehicles;
 (B)the
 scientific, economic, commercial, security, and historic potential of the data
 described in subparagraph (A); and
 (C)any laws or
 regulations that relate to the data described in subparagraph (A); and
 (2)analyzes and
 provides recommendations on matters that include procedures, technologies, and
 rules relating to the collection, storage, and preservation of the data
 described in paragraph (1)(A).
 (b)ReportNot
 later than 15 months after the date of an agreement between the Secretary and
 the Academy under subsection (a), the National Academy of Sciences shall submit
 to the appropriate committees of Congress a report that describes the results
 of the study under subsection (a).
 (c)Authorization
 of appropriationsThere is authorized to be appropriated to carry
 out this section $1,000,000.
 IIIMiscellaneous
 141.Utility
 planning for plug-in electric drive vehicles
 (a)In
 generalThe Public Utility
 Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended—
 (1)in section
 111(d) (16 U.S.C. 2621(d)), by adding at the end the following:
 (20)Plug-in
 electric drive vehicle planning
 (A)Utility
 plan for plug-in electric drive vehicles
 (i)In
 generalNot later than 2 years after the date of enactment of
 this paragraph, each electric utility shall develop a plan to support the use
 of plug-in electric drive vehicles, including medium- and heavy-duty hybrid
 electric vehicles in the service area of the electric utility.
 (ii)RequirementsA
 plan under clause (i) shall investigate—
 (I)various
 levels of potential penetration of plug-in electric drive vehicles in the
 utility service area;
 (II)the
 potential impacts that the various levels of penetration and charging scenarios
 (including charging rates and daily hours of charging) would have on
 generation, distribution infrastructure, and the operation of the transmission
 grid; and
 (III)the role of
 third parties in providing reliable and economical charging services.
 (iii)Waiver
 (I)In
 generalAn electric utility that determines that the electric
 utility will not be impacted by plug-in electric drive vehicles during the
 5-year period beginning on the date of enactment of this paragraph may petition
 the Secretary to waive clause (i) for 5 years.
 (II)ApprovalApproval
 of a waiver under subclause (I) shall be in the sole discretion of the
 Secretary.
 (iv)Updates
 (I)In
 generalEach electric utility shall update the plan of the
 electric utility every 5 years.
 (II)Resubmission
 of waiverAn electric utility that received a waiver under clause
 (iii) and wants the waiver to continue after the expiration of the waiver shall
 be required to resubmit the waiver.
 (v)ExemptionIf
 the Secretary determines that a plan required by a State regulatory authority
 meets the requirements of this paragraph, the Secretary may accept that plan
 and exempt the electric utility submitting the plan from the requirements of
 clause (i).
 (B)Support
 requirementsEach State regulatory authority (in the case of each
 electric utility for which the authority has ratemaking authority) and each
 municipal and cooperative utility shall—
 (i)participate
 in any local plan for the deployment of recharging infrastructure in
 communities located in the footprint of the authority or utility;
 (ii)require that
 charging infrastructure deployed is interoperable with products of all auto
 manufacturers to the maximum extent practicable; and
 (iii)consider
 adopting minimum requirements for deployment of electrical charging
 infrastructure and other appropriate requirements necessary to support the use
 of plug-in electric drive vehicles.
 (C)Cost
 recoveryEach State regulatory authority (in the case of each
 electric utility for which the authority has ratemaking authority) and each
 municipal and cooperative utility may consider whether, and to what extent, to
 allow cost recovery for plans and implementation of plans.
 (D)DeterminationNot
 later than 3 years after the date of enactment of this paragraph, each State
 regulatory authority (with respect to each electric utility for which the
 authority has ratemaking authority), and each municipal and cooperative
 electric utility, shall complete the consideration, and shall make the
 determination, referred to in subsection (a) with respect to the standard
 established by this
 paragraph.
 ;
 (2)in section
 112(c) (16 U.S.C. 2622(c))—
 (A)in the first
 sentence, by striking Each State and inserting the
 following:
 (1)In
 generalEach
 State
 ;
 (B)in the second
 sentence, by striking In the case and inserting the
 following:
 (2)Specific
 standards
 (A)Net
 metering and fossil fuel generation efficiencyIn the
 case
 ;
 (C)in the third
 sentence, by striking In the case and inserting the
 following:
 (B)Time-based
 metering and communicationsIn the
 case
 ;
 (D)in the fourth
 sentence—
 (i)by striking
 In the case and inserting the following:
 (C)InterconnectionIn
 the case
 ;
 and
 (ii)by striking
 paragraph (15) and inserting paragraph (15) of section
 111(d);
 (E)in the fifth
 sentence, by striking In the case and inserting the
 following:
 (D)Integrated
 resource planning, rate design modifications, smart grid investments, smart
 grid informationIn the
 case
 ;
 and
 (F)by adding at
 the end the following:
 (E)Plug-in
 electric drive vehicle planningIn the case of the standards
 established by paragraph (20) of section 111(d), the reference contained in
 this subsection to the date of enactment of this Act shall be deemed to be a
 reference to the date of enactment of that
 paragraph.
 ;
 and
 (3)in section
 112(d) (16 U.S.C. 2622(d)), in the matter preceding paragraph (1), by striking
 (19) and inserting (20).
 (b)Report
 (1)In
 generalThe Secretary, in consultation with the Technical
 Advisory Committee, shall convene a group of utility stakeholders, charging
 infrastructure providers, third party aggregators, and others, as appropriate,
 to discuss and determine the potential models for the technically and
 logistically challenging issues involved in using electricity as a fuel for
 vehicles, including—
 (A)accommodation
 for billing for charging a plug-in electric drive vehicle, both at home and at
 publicly available charging infrastructure;
 (B)plans for
 anticipating vehicle to grid applications that will allow batteries in cars as
 well as banks of batteries to be used for grid storage, ancillary services
 provision, and backup power;
 (C)integration
 of plug-in electric drive vehicles with smart grid, including protocols and
 standards, necessary equipment, and information technology systems; and
 (D)any other
 barriers to installing sufficient and appropriate charging
 infrastructure.
 (2)ReportNot
 later than 2 years after the date of enactment of this Act and biennially
 thereafter, the Secretary shall submit to the appropriate committees of
 Congress a report that includes—
 (A)the issues
 and model solutions described in paragraph (1); and
 (B)any other
 issues that the Task Force and Secretary determine to be appropriate.
 142.Loan
 guarantees
 (a)Loan guarantees
 for advanced battery purchases for use in stationary
 applicationsSubtitle B of title I of the Energy Independence and
 Security Act of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at the end
 the following:
 137.Loan
 guarantees for advanced battery purchases
 (a)DefinitionsIn
 this section:
 (1)Qualified
 automotive batteryThe term qualified automotive
 battery means a battery that—
 (A)has at least
 4 kilowatt hours of battery capacity; and
 (B)is designed
 for use in qualified plug-in electric drive motor vehicles but is purchased for
 nonautomotive applications.
 (2)Eligible
 entityThe term eligible entity means—
 (A)an original
 equipment manufacturer;
 (B)an electric
 utility;
 (C)any provider
 of range extension infrastructure; or
 (D)any other
 qualified entity, as determined by the Secretary.
 (b)Loan
 guarantees
 (1)In
 generalThe Secretary shall guarantee loans made to eligible
 entities for the aggregate purchase of not less than 200 qualified automotive
 batteries in a calendar year that have a total minimum power rating of 1
 megawatt and use advanced battery technology.
 (2)RestrictionAs
 a condition of receiving a loan guarantee under this section, an entity
 purchasing qualified automotive batteries with loan funds guaranteed under this
 section shall comply with the provisions of the Buy American Act (41 U.S.C. 10a
 et seq.).
 (c)RegulationsThe
 Secretary shall promulgate such regulations as are necessary to carry out this
 section.
 (d)Authorization
 of appropriationsThere is authorized to be appropriated to carry
 out this section
 $50,000,000.
 .
 (b)Loan guarantees
 for charging infrastructureSection 1705(a) of the Energy Policy
 Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end the
 following:
 (4)Charging
 infrastructure and networks of charging infrastructure for plug-in drive
 electric vehicles, if the charging infrastructure will be operational prior to
 December 31,
 2016.
 .
 143.Prohibition
 on disposing of advanced batteries in landfills
 (a)Definition of
 advanced battery
 (1)In
 generalIn this section, the term advanced battery
 means a battery that is a secondary (rechargeable) electrochemical energy
 storage device that has enhanced energy capacity.
 (2)ExclusionsThe
 term advanced battery does not include—
 (A)a primary
 (nonrechargeable) battery; or
 (B)a lead-acid
 battery that is used to start or serve as the principal electrical power source
 for a plug-in electric drive vehicle.
 (b)RequirementAn
 advanced battery from a plug-in electric drive vehicle shall be disposed of in
 accordance with the Solid Waste Disposal
 Act (42 U.S.C. 6901 et seq.) (commonly known as the
 Resource Conservation and Recovery Act of
 1976).
 144.Plug-In
 Electric Drive Vehicle Technical Advisory Committee
 (a)In
 generalThere is established
 the Plug-in Electric Drive Vehicle Technical Advisory Committee to advise the
 Secretary on the programs and activities under this subtitle.
 (b)MissionThe
 mission of the Committee shall be to advise the Secretary on technical matters,
 including—
 (1)the
 priorities for research and development;
 (2)means of
 accelerating the deployment of safe, economical, and efficient plug-in electric
 drive vehicles for mass market adoption;
 (3)the
 development and deployment of charging infrastructure;
 (4)the
 development of uniform codes, standards, and safety protocols for plug-in
 electric drive vehicles and charging infrastructure; and
 (5)reporting on
 the competitiveness of the United States in plug-in electric drive vehicle and
 infrastructure research, manufacturing, and deployment.
 (c)Membership
 (1)Members
 (A)In
 generalThe Committee shall consist of not less than 12, but not
 more than 25, members.
 (B)RepresentationThe
 Secretary shall appoint the members to Committee from among representatives
 of—
 (i)domestic
 industry;
 (ii)institutions
 of higher education;
 (iii)professional
 societies;
 (iv)Federal,
 State, and local governmental agencies (including the National Laboratories);
 and
 (v)financial,
 transportation, labor, environmental, electric utility, or other appropriate
 organizations or individuals with direct experience in deploying and marketing
 plug-in electric drive vehicles, as the Secretary determines to be
 necessary.
 (2)Terms
 (A)In
 generalThe term of a Committee member shall not be longer than 3
 years.
 (B)Staggered
 termsThe Secretary may appoint members to the Committee for
 differing term lengths to ensure continuity in the functioning of the
 Committee.
 (C)ReappointmentsA
 member of the Committee whose term is expiring may be reappointed.
 (3)ChairpersonThe
 Committee shall have a chairperson, who shall be elected by and from the
 members.
 (d)ReviewThe
 Committee shall review and make recommendations to the Secretary on the
 implementation of programs and activities under this subtitle.
 (e)Response
 (1)In
 generalThe Secretary shall consider and may adopt any
 recommendation of the Committee under subsection (c).
 (2)Biennial
 report
 (A)In
 generalNot later than 2 years after the date of enactment of
 this Act and every 2 years thereafter, the Secretary shall submit to the
 appropriate committees of Congress a report describing any new recommendations
 of the Committee.
 (B)ContentsThe
 report shall include—
 (i)a description
 of the manner in which the Secretary has implemented or plans to implement the
 recommendations of the Committee; or
 (ii)an
 explanation of the reason that a recommendation of the Committee has not been
 implemented.
 (C)TimingThe
 report described in this paragraph shall be submitted by the Secretary at the
 same time the President submits the budget proposal for the Department of
 Energy to Congress.
 (f)CoordinationThe
 Committee shall—
 (1)hold joint annual
 meetings with the Hydrogen and Fuel Cell Technical Advisory Committee
 established by section 807 of the Energy Policy Act of
 2005 (42 U.S.C. 16156) to help coordinate the work and
 recommendations of the Committees; and
 (2)coordinate
 efforts, to the maximum extent practicable, with all existing independent,
 departmental, and other advisory Committees, as determined to be appropriate by
 the Secretary.
 (g)SupportThe
 Secretary shall provide to the Committee the resources necessary to carry out
 this section, as determined to be necessary by the Secretary.
 145.Plug-In
 Electric Drive Vehicle Interagency Task Force
 (a)In
 generalNot later than 120 days after the date of enactment of
 this Act, the President shall establish the Plug-in Electric Drive Vehicle
 Interagency Task Force, to be chaired by the Secretary and which shall consist
 of at least 1 representative from each of—
 (1)the Office of
 Science and Technology Policy;
 (2)the Council
 on Environmental Quality;
 (3)the
 Department of Energy;
 (4)the
 Department of Transportation;
 (5)the
 Department of Defense;
 (6)the
 Department of Commerce (including the National Institute of Standards and
 Technology);
 (7)the
 Environmental Protection Agency;
 (8)the General
 Services Administration; and
 (9)any other
 Federal agencies that the President determines to be appropriate.
 (b)MissionThe
 mission of the Task Force shall be to ensure awareness, coordination, and
 integration of the activities of the Federal Government relating to plug-in
 electric drive vehicles, including—
 (1)plug-in
 electric drive vehicle research and development (including necessary
 components);
 (2)the
 development of widely accepted smart-grid standards and protocols for charging
 infrastructure;
 (3)the
 relationship of plug-in electric drive vehicle charging practices to electric
 utility regulation;
 (4)the
 relationship of plug-in electric drive vehicle deployment to system reliability
 and security;
 (5)the general
 deployment of plug-in electric drive vehicles in the Federal, State, and local
 governments and for private use;
 (6)the
 development of uniform codes, standards, and safety protocols for plug-in
 electric drive vehicles and charging infrastructure; and
 (7)the alignment
 of international plug-in electric drive vehicle standards.
 (c)Activities
 (1)In
 generalIn carrying out this section, the Task Force may—
 (A)organize
 workshops and conferences;
 (B)issue
 publications; and
 (C)create
 databases.
 (2)Mandatory
 activitiesIn carrying out this section, the Task Force
 shall—
 (A)foster the
 exchange of generic, nonproprietary information and technology among industry,
 academia, and the Federal Government;
 (B)integrate and
 disseminate technical and other information made available as a result of the
 programs and activities under this subtitle;
 (C)support
 education about plug-in electric drive vehicles;
 (D)monitor,
 analyze, and report on the effects of plug-in electric drive vehicle deployment
 on the environment and public health, including air emissions from vehicles and
 electricity generating units; and
 (E)review and
 report on—
 (i)opportunities
 to use Federal programs (including laws, regulations, and guidelines) to
 promote the deployment of plug-in electric drive vehicles; and
 (ii)any barriers
 to the deployment of plug-in electric drive vehicles, including barriers that
 are attributable to Federal programs (including laws, regulations, and
 guidelines).
 (d)Agency
 cooperationA Federal agency—
 (1)shall
 cooperate with the Task Force; and
 (2)provide, on
 request of the Task Force, appropriate assistance in carrying out this section,
 in accordance with applicable Federal laws (including regulations).
 CTax
 provisions
 151.Consumer tax
 credits for advanced vehicles
 (a)Plug-In
 electric drive motor vehicle creditSection 30D of the Internal
 Revenue Code of 1986 is amended to read as follows:
 30D.New qualified
 plug-in electric drive motor vehicles
 (a)Allowance of
 credit
 (1)In
 generalThere shall be allowed as a credit against the tax
 imposed by this chapter for the taxable year an amount equal to the applicable
 amount with respect to each new qualified plug-in electric drive motor vehicle
 placed in service by the taxpayer during the taxable year.
 (2)Applicable
 amountFor purposes of paragraph (1), the applicable amount is
 sum of—
 (A)$2,500,
 plus
 (B)$400 for each
 kilowatt hour of traction battery capacity in excess of 6 kilowatt
 hours.
 (b)Limitations
 (1)Limitation
 based on weightThe amount of the credit allowed under subsection
 (a) by reason of subsection (a)(2) shall not exceed—
 (A)$7,500, in the
 case of any new qualified plug-in electric drive motor vehicle with a gross
 vehicle weight rating of not more than 10,000 pounds,
 (B)$10,000, in the case of any new qualified
 plug-in electric drive motor vehicle with a gross vehicle weight rating of more
 than 10,000 pounds but not more than 14,000 pounds,
 (C)$12,500, in the case of any new qualified
 plug-in electric drive motor vehicle with a gross vehicle weight rating of more
 than 14,000 pounds but not more than 26,000 pounds, and
 (D)$15,000, in the case of any new qualified
 plug-in electric drive motor vehicle with a gross vehicle weight rating of more
 than 26,000 pounds.
 (2)Limitation on
 number of passenger vehicles and light trucks eligible for credit
 (A)In
 generalIn the case of a new qualified plug-in electric drive
 motor vehicle sold during the phaseout period, only the applicable percentage
 of the credit otherwise allowable under subsection (a) shall be allowed.
 (B)Phaseout
 periodFor purposes of this subsection, the phaseout period is
 the period beginning with the second calendar quarter following the calendar
 quarter which includes the first date on which the total number of such new
 qualified plug-in electric drive motor vehicles sold for use in the United
 States after December 31, 2009, is at least 200,000.
 (C)Applicable
 percentageFor purposes of
 subparagraph (A), the applicable percentage is—
 (i)50 percent for
 the first 2 calendar quarters of the phaseout period,
 (ii)25 percent for
 the 3d and 4th calendar quarters of the phaseout period, and
 (iii)0 percent for
 each calendar quarter thereafter.
 (D)Controlled
 groupsRules similar to the rules of section 30B(f)(4) shall
 apply for purposes of this subsection.
 (c)New qualified
 plug-In electric drive motor vehicleFor purposes of this section, the term
 new qualified plug-in electric drive motor vehicle means a motor
 vehicle—
 (1)which draws propulsion primarily using a
 traction battery with at least 6 kilowatt hours of capacity,
 (2)which uses an offboard source of energy to
 recharge such battery,
 (3)which, in the case of a passenger vehicle
 or light truck which has a gross vehicle weight rating of not more than 8,500
 pounds, has received a certificate of conformity under the Clean Air Act and
 meets or exceeds the equivalent qualifying California low emission vehicle
 standard under section 243(e)(2) of the Clean Air Act for that make and model
 year, and
 (A)in the case of a
 vehicle having a gross vehicle weight rating of 6,000 pounds or less, the Bin 5
 Tier II emission standard established in regulations prescribed by the
 Administrator of the Environmental Protection Agency under section 202(i) of
 the Clean Air Act for that make and model year vehicle, and
 (B)in the case of a
 vehicle having a gross vehicle weight rating of more than 6,000 pounds but not
 more than 8,500 pounds, the Bin 8 Tier II emission standard which is so
 established,
 (4)the original use
 of which commences with the taxpayer,
 (5)which is acquired
 for use or lease by the taxpayer and not for resale, and
 (6)which is made by
 a manufacturer.
 (d)Application
 with other credits
 (1)Business credit
 treated as part of general business creditSo much of the credit which would be
 allowed under subsection (a) for any taxable year (determined without regard to
 this subsection) that is attributable to property of a character subject to an
 allowance for depreciation shall be treated as a credit listed in section 38(b)
 for such taxable year (and not allowed under subsection (a)).
 (2)Refundable
 personal credit
 (A)In
 generalFor purposes of this title, the credit allowed under
 subsection (a) for any taxable year (determined after application of paragraph
 (1)) shall be treated as a credit allowable under subpart C for such taxable
 year (and not allowed under subsection (a)).
 (B)Refundable
 credit may be transferred
 (i)In
 generalA taxpayer may, in connection with the purchase of a new
 qualified fuel-efficient motor vehicle, transfer any refundable credit
 described in subparagraph (A) to any person who is in the trade or business of
 selling new qualified fuel-efficient motor vehicles and who sold such vehicle
 to the taxpayer, but only if such person clearly discloses to such taxpayer,
 through the use of a window sticker attached to the new qualified
 fuel-efficient vehicle—
 (I)the amount of the
 refundable credit described in subparagraph (A) with respect to such vehicle,
 and
 (II)a notification
 that the taxpayer will not be eligible for any credit under section 30 or 30B
 with respect to such vehicle unless the taxpayer elects not to have this
 section apply with respect to such vehicle.
 (ii)CertificationA
 transferee of a refundable 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 taxpayer paid for the new
 qualified fuel-efficient motor vehicle by the entire amount of such refundable
 credit.
 (iii)Consent
 required for revocationAny transfer under clause (i) may be
 revoked only with the consent of the Secretary.
 (iv)RegulationsThe
 Secretary may prescribe such regulations as necessary to ensure that any
 refundable credit described in clause (i) is claimed once and not retransferred
 by a transferee.
 (e)Other
 definitions and special rulesFor purposes of this
 section—
 (1)Motor
 vehicleThe term motor vehicle has the meaning given
 such term by section 30(c)(2).
 (2)Other
 termsThe terms passenger automobile, light
 truck, and manufacturer have the meanings given such terms
 in regulations prescribed by the Administrator of the Environmental Protection
 Agency for purposes of the administration of title II of the Clean Air Act (42
 U.S.C. 7521 et seq.).
 (3)Traction
 battery capacityTraction battery capacity shall be measured in
 kilowatt hours from a 100 percent state of charge to a zero percent state of
 charge.
 (4)Reduction in
 basisFor purposes of this subtitle, the basis of any property
 for which a credit is allowable under subsection (a) shall be reduced by the
 amount of such credit so allowed.
 (5)No double
 benefitThe amount of any deduction or other credit allowable
 under this chapter for a new qualified plug-in electric drive motor vehicle
 shall be reduced by the amount of credit allowed under subsection (a) for such
 vehicle for the taxable year.
 (6)Property used
 by tax-exempt entityIn the case of a vehicle the use of which is
 described in paragraph (3) or (4) of section 50(b) and which is not subject to
 a lease, the person who sold such vehicle to the person or entity using such
 vehicle shall be treated as the taxpayer that placed such vehicle in service,
 but only if such person clearly discloses to such person or entity in a
 document the amount of any credit allowable under subsection (a) with respect
 to such vehicle (determined without regard to subsection (b)(2)).
 (7)Property used
 outside United States, etc., not qualifiedNo credit shall be
 allowable under subsection (a) with respect to any property referred to in
 section 50(b)(1) or with respect to the portion of the cost of any property
 taken into account under section 179.
 (8)RecaptureThe
 Secretary shall, by regulations, provide for recapturing the benefit of any
 credit allowable under subsection (a) with respect to any property which ceases
 to be property eligible for such credit (including recapture in the case of a
 lease period of less than the economic life of a vehicle).
 (9)Election to not
 take creditNo credit shall be allowed under subsection (a) for
 any vehicle if the taxpayer elects not to have this section apply to such
 vehicle.
 (10)Interaction
 with air quality and motor vehicle safety standardsUnless
 otherwise provided in this section, a motor vehicle shall not be considered
 eligible for a credit under this section unless such vehicle is in compliance
 with—
 (A)the applicable
 provisions of the Clean Air Act for the applicable make and model year of the
 vehicle (or applicable air quality provisions of State law in the case of a
 State which has adopted such provision under a waiver under section 209(b) of
 the Clean Air Act), and
 (B)the motor vehicle
 safety provisions of sections 30101 through 30169 of title 49, United States
 Code.
 (f)Regulations
 (1)In
 generalExcept as provided in paragraph (2), the Secretary shall
 promulgate such regulations as necessary to carry out the provisions of this
 section.
 (2)Coordination in
 prescription of certain regulationsThe Secretary of the
 Treasury, in coordination with the Secretary of Transportation and the
 Administrator of the Environmental Protection Agency, shall prescribe such
 regulations as necessary to determine whether a motor vehicle meets the
 requirements to be eligible for a credit under this section.
 (g)TerminationThis
 section shall not apply to property purchased after December 31,
 2016.
 .
 (b)Conforming
 amendmentSection 6501(m) of such Code is amended by striking
 30D(e)(4) and inserting 30D(e)(9).
 (c)Effective
 dateThe amendments made by this section shall apply to taxable
 years beginning after December 31, 2011.
 152.Credit for
 fuel-efficient motor vehicles
 (a)In
 generalSubpart B of part IV of subchapter A of chapter 1 of the
 Internal Revenue Code of 1986 is amended by adding at the end the following new
 section:
 30E.Fuel-efficient
 motor vehicle credit
 (a)Allowance of
 credit
 (1)In
 generalThere shall be allowed as a credit against the tax
 imposed by this chapter for the taxable year an amount equal to the amount
 determined under paragraph (2) with respect to any new fuel-efficient motor
 vehicle placed in service by the taxpayer during the taxable year.
 (2)Credit
 amountThe amount determined under this paragraph shall
 be—
 (A)$500, if the new
 fuel-efficient motor vehicle achieves a combined fuel economy which is greater
 than 35 miles per gallon but not greater than 40 miles per gallon,
 (B)$1,000, if the
 new fuel-efficient motor vehicle achieves a combined fuel economy which is
 greater than 40 miles per gallon but less than 45 miles per gallon,
 (C)$1,500, if the
 new fuel-efficient motor vehicle achieves a combined fuel economy which is
 greater than 45 miles per gallon but less than 50 miles per gallon, and
 (D)$2,500, if the
 new fuel-efficient motor vehicle achieves a combined fuel economy which is
 greater than 50 miles per gallon.
 (b)New
 fuel-Efficient motor vehicleFor purposes of this section, the
 term new fuel-efficient motor vehicle means any motor
 vehicle—
 (1)which has a gross
 vehicle weight rating of not more than 8,500 pounds,
 (2)which achieves a
 combined fuel economy of at least 35 miles per gallon,
 (3)the original use
 of which commences with the taxpayer,
 (4)which is acquired
 by the taxpayer for use or lease, but not for resale, and
 (5)which is made by
 a manufacturer.
 (c)Other
 definitions and special rulesFor purposes of this
 section—
 (1)Combined fuel
 economyThe combined fuel economy with respect to any
 gasoline-fueled vehicle shall be measured in a manner which is substantially
 similar to the manner combined fuel economy is measured in accordance with
 procedures under part 600 of subchapter Q of chapter I of title 40, Code of
 Federal Regulations, as in effect on the date of the enactment of this
 section.
 (2)ManufacturerThe
 term manufacturer has the meaning given such term under section
 30B(h).
 (3)Basis
 reductionThe basis of any property for which a credit is
 allowable under subsection (a) shall be reduced by the amount of such
 credit.
 (4)Recapture;
 property used outside the United States; election not to take
 creditFor purposes of this section, rules similar to the rules
 of paragraphs (2), (3), and (4) of section 30(d) shall apply.
 (5)Denial of
 double benefitNo credit shall be allowed under this section with
 respect to any new fuel-efficient motor vehicle if a credit is allowable with
 respect to such vehicle under section 30B (determined without regard to
 subsection (f) thereof) or 30D (determined without regard to subsection (b)(2)
 thereof).
 (d)Application
 with other credits
 (1)Business credit
 treated as part of general business creditSo much of the credit
 which would be allowed under subsection (a) for any taxable year (determined
 without regard to this subsection) that is attributable to property of a
 character subject to an allowance for depreciation shall be treated as a credit
 listed in section 38(b) for such taxable year (and not allowed under subsection
 (a)).
 (2)Personal
 credit
 (A)In
 generalFor purposes of this title, the credit allowed under
 subsection (a) for any taxable year (determined after application of paragraph
 (1)) shall be treated as a credit allowable under subpart A for such taxable
 year.
 (B)Limitation
 based on amount of taxThe credit allowed under subsection (a)
 (after the application of paragraph (1)) for any taxable year shall not exceed
 the excess (if any) of—
 (i)the regular tax
 liability (as defined in section 26(b)) reduced by the sum of the credits
 allowable under subpart A and sections 27, 30, 30B, and 30D, over
 (ii)the tentative
 minimum tax for the taxable year.
 (e)Limitation on
 number of new fuel-Efficient motor vehicles eligible for credit
 (1)In
 generalNo credit shall be allowed under subsection (a) with
 respect to any new fuel-efficient motor vehicle sold in any calendar quarter
 after the calendar quarter following the calendar quarter which includes the
 first date on which the number of new fuel-efficient motor vehicles
 manufactured by such manufacturer and sold for use in the United States after
 the date of the enactment of this section is at least 65,000.
 (2)Controlled
 groupsRules similar to the rules of section 30B(f)(4) shall
 apply for purposes of this subsection.
 (f)TerminationThis
 section shall not apply to property placed in service after December 31,
 2013.
 .
 (b)Conforming
 amendments
 (1)Section 38(b) of
 the Internal Revenue Code of 1986 is amended by striking plus at
 the end of paragraph (35), by striking the period at the end of paragraph (36)
 and inserting , plus, and by adding at the end the following new
 paragraph:
 (37)the portion of
 the new fuel-efficient motor vehicle credit to which section 30E(d)(1)
 applies.
 .
 (2)Section 55(c)(3)
 of such Code is amended by inserting 30E(d)(2), after
 30C(d)(2),.
 (3)Section 1016(a) of such Code is amended by
 striking and at the end of paragraph (36), by striking the
 period at the end of paragraph (37) and inserting , and, and by
 adding at the end the following new paragraph:
 (38)to the extent provided in section
 30E(c)(3).
 .
 (4)Section 6501(m) of such Code, as amended by
 this Act, is amended by inserting 30E(c)(4), after
 30D(e)(9),.
 (c)Clerical
 amendmentThe table of sections for subpart B of part IV of
 subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by
 adding at the end the following new item:
 Sec. 30E. Fuel-efficient motor vehicle
 credit.
 .
 (d)Effective
 dateThe amendments made by this section shall apply to property
 placed in service after the date of the enactment of this Act.
 153.Idling
 reduction tax credit
 (a)In
 GeneralSubpart D of part IV of subchapter A of chapter 1 of the
 Internal Revenue Code of 1986 is amended by adding at the end the following new
 section:
 45S.Idling
 reduction credit
 (a)General
 RuleFor purposes of section 38, the idling reduction tax credit
 determined under this section for the taxable year is an amount equal to 25
 percent of the amount paid or incurred for each qualifying idling reduction
 device placed in service by the taxpayer during the taxable year.
 (b)LimitationThe
 maximum amount allowed as a credit under subsection (a) shall not exceed $1,000
 per device.
 (c)DefinitionsFor
 purposes of subsection (a)—
 (1)Qualifying
 idling reduction deviceThe term qualifying idling
 reduction device means any device or system of devices that—
 (A)is installed on a
 heavy-duty diesel-powered on-highway vehicle,
 (B)is designed to
 provide to such vehicle those services (such as heat, air conditioning, or
 electricity) that would otherwise require the operation of the main drive
 engine while the vehicle is temporarily parked or remains stationary,
 (C)the original use
 of which commences with the taxpayer,
 (D)is acquired for
 use by the taxpayer and not for resale, and
 (E)is determined by
 the Administrator of the Environmental Protection Agency, in consultation with
 the Secretary of Energy and the Secretary of Transportation, to reduce idling
 of such vehicle at a motor vehicle rest stop or other location where such
 vehicles are temporarily parked or remain stationary.
 (2)Heavy-duty
 diesel-powered on-highway vehicleThe term heavy-duty
 diesel-powered on-highway vehicle means any vehicle, machine, tractor,
 trailer, or semi-trailer propelled or drawn by mechanical power and used upon
 the highways in the transportation of passengers or property, or any
 combination thereof determined by the Federal Highway Administration. Such term
 includes any diesel fuel hybrid highway vehicle which has a gross vehicle
 weight rating of more than 8,500 pounds.
 (3)Long-duration
 idlingThe term long-duration idling means the
 operation of a main drive engine, for a period greater than 15 consecutive
 minutes, where the main drive engine is not engaged in gear. Such term does not
 apply to routine stoppages associated with traffic movement or
 congestion.
 (d)No Double
 BenefitFor purposes of this section—
 (1)Reduction in
 basisIf a credit is determined under this section with respect
 to any property by reason of expenditures described in subsection (a), the
 basis of such property shall be reduced by the amount of the credit so
 determined.
 (2)Other
 deductions and creditsNo deduction or credit shall be allowed
 under any other provision of this chapter with respect to the amount of the
 credit determined under this section.
 (e)Election Not To
 Claim CreditThis section shall not apply to a taxpayer for any
 taxable year if such taxpayer elects to have this section not apply for such
 taxable
 year.
 .
 (b)Credit To Be
 Part of General Business CreditSubsection (b) of section 38 of
 the Internal Revenue Code of 1986, as amended by this Act, is amended by
 striking plus at the end of paragraph (36), by striking the
 period at the end of paragraph (37) and inserting , plus, and by
 adding at the end the following new paragraph:
 (38)the idling
 reduction tax credit determined under section
 45S(a).
 .
 (c)Conforming
 Amendments
 (1)The table of
 sections for subpart D 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
 45R the following new item:
 Sec. 45S. Idling reduction
 credit.
 .
 (2)Section 1016(a)
 of such Code, as amended by this Act, is amended by striking and
 at the end of paragraph (37), by striking the period at the end of paragraph
 (38) and inserting , and, and by adding at the end the
 following:
 (39)in the case of a
 facility with respect to which a credit was allowed under section 45S, to the
 extent provided in section
 45S(d)(A).
 .
 (3)Section 6501(m)
 of such Code is amended by inserting 45S(e) after
 45C(d)(4).
 (d)Effective
 DateThe amendments made by this section shall apply to taxable
 years beginning after December 31, 2011.
 IIOil
 and gas development
 201.Production of
 oil and gas on outer Continental Shelf
 (a)In
 generalSection 18 of the
 Outer Continental Shelf Lands Act (43 U.S.C. 1344) is
 amended by adding at the end the following:
 (i)Production of
 oil and gas on outer Continental Shelf
 (1)DefinitionsIn
 this subsection:
 (A)Coastal
 political subdivisionThe term coastal political
 subdivision means a political subdivision of a Gulf producing State or a
 Southeastern State any part of which political subdivision is—
 (i)within the
 coastal zone (as defined in section 304 of the Coastal Zone Management Act of
 1972 (16 U.S.C. 1453)) of the Gulf producing State as of the date of enactment
 of this Act; and
 (ii)not more than
 200 nautical miles from the geographic center of any leased tract.
 (B)Gulf producing
 StateThe term Gulf producing State means each of
 the States of Alabama, Florida, Louisiana, Mississippi, and Texas.
 (C)Moratorium
 areaThe term moratorium area means any area of the
 outer Continental Shelf with respect to which Congress has prohibited the use
 of appropriated funds or other means for preleasing, leasing, or related
 activities.
 (D)Qualified outer
 Continental Shelf revenues
 (i)In
 generalThe term qualified outer Continental Shelf
 revenues means all rentals, royalties, bonus bids, and other sums due
 and payable to the United States from leases entered into under this
 subsection.
 (ii)ExclusionsThe
 term qualified outer Continental Shelf revenues does not
 include—
 (I)revenues from the
 forfeiture of a bond or other surety securing obligations other than royalties,
 civil penalties, or royalties taken by the Secretary in-kind and not sold;
 or
 (II)revenues
 generated from leases subject to section 8(g).
 (E)Southeastern
 StateThe term Southeastern State means the each of
 the States of Georgia, North Carolina, South Carolina, and Virginia.
 (2)Outer
 Continental Shelf leasing areas
 (A)Gulf of
 Mexico
 (i)In
 generalNot later than 180 days after the date on which any
 necessary environmental analyses are completed under the National
 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
 Secretary may offer for leasing, preleasing, or any related activity under this
 Act any moratorium area in the Gulf of Mexico that is more than 50 miles off
 the coastline of the Gulf of Mexico.
 (ii)Consultation
 with Secretary of DefenseThe Secretary shall consult with the
 Secretary of Defense to ensure that any activity conducted under clause (i) is
 carried out in a manner that is consistent with national security.
 (B)Southeastern
 States
 (i)In
 generalThe Governor, with the concurrence of the Legislature, of
 a Southeastern State may submit to the Secretary a petition requesting that the
 Secretary make available for leasing any area in the administrative boundaries
 of the Southeastern State that is more than 50 miles off the coastline of the
 Southeastern State.
 (ii)Action by
 SecretaryNot later than 90 days after the date of receipt of a
 petition under clause (i) and not later than 180 days after the date on which
 any necessary environmental analyses are completed under the National
 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary shall
 approve the petition unless the Secretary determines that leasing in the
 affected area presents a significant likelihood of incidents associated with
 the development of resources that would cause serious harm or damage to the
 marine resources of the covered area or of an adjacent State.
 (iii)Failure to
 actIf the Secretary fails to approve or deny a petition in
 accordance with clause (ii), the petition shall be considered to be approved as
 of the later of—
 (I)the date that is
 90 days after the date of receipt of the petition; or
 (II)the date that is
 180 days after the date on which any necessary environmental analyses are
 completed under the National Environmental Policy Act of
 1969 (42 U.S.C. 4321 et seq.).
 (iv)TreatmentNotwithstanding
 any other provision of this section, not later than 180 days after the date on
 which a petition is approved, or considered to be approved, under clause (ii)
 or (iii), the Secretary shall treat the petition of the Governor or the
 Legislature of a Southeastern State under clause (i) as a proposed revision to
 a leasing program under this section.
 (C)AdministrationNotwithstanding
 the omission of any areas made available for leasing under subparagraph (A) or
 (B) from the applicable 5-year plan developed by the Secretary pursuant to this
 section, the areas shall be offered for leasing under this section in
 accordance with the completed environmental analyses referred to in
 subparagraph (A)(i) or (B)(ii), respectively.
 (D)Inclusion in
 5-year program
 (i)In
 generalExcept as provided in clause (ii), if areas are made
 available for leasing under subparagraph (A) or (B), the Secretary shall
 initiate a new 5-year outer Continental Shelf oil and gas leasing program to
 replace the outer Continental Shelf oil and gas leasing program in effect as of
 that date, which shall include any lease sale for any area made available for
 leasing under subparagraph (A) or (B).
 (ii)Inclusion in
 programIf there are less than 18 months remaining in the 5-year
 outer Continental Shelf oil and gas leasing program described in clause (i),
 the Secretary shall include the areas made available for leasing under
 subparagraph (A) or (B) in lease sales under the proposed 5-year outer
 Continental Shelf oil and gas leasing program.
 (iii)Environmental
 assessmentBefore modifying a 5-year outer Continental Shelf oil
 and gas leasing program for the next 5-year period, the Secretary shall
 complete an environmental assessment that describes any anticipated
 environmental effect of leasing in the areas made available for leasing under
 subparagraph (A) or (B).
 (3)Disposition of
 qualified outer Continental Shelf revenues
 (A)Gulf of
 MexicoNotwithstanding section 9, qualified outer Continental
 Shelf revenues derived from leasing moratorium areas in the Gulf of Mexico
 under paragraph (2)(A) shall be disbursed to Gulf producing States (including
 the State of Florida) and coastal political subdivisions of those Gulf
 producing States in accordance with section 105 of the Gulf of Mexico
 Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law
 109–432).
 (B)Southeastern
 States
 (i)In
 generalExcept as provided in clause (ii), if the Governor or the
 Legislature of a Southeastern State submits to the Secretary a petition
 requesting that the Secretary make available for leasing any portion of a
 moratorium area in the administrative boundaries of the Southeastern State that
 is more than 50 miles off the coastline of the Southeastern State and the
 Secretary approves the petition, the Secretary shall—
 (I)disburse to the
 Southeastern State 37.5 percent of any qualified outer Continental Shelf
 revenues that are derived from leasing any portion of a moratorium area in the
 administrative boundaries of the Southeastern State that is more than 50 miles,
 but less than 100 miles, off the coastline of the Southeastern State;
 and
 (II)pay 20 percent
 of the allocable share of the Southeastern State to the coastal political
 subdivisions of the Southeastern State in accordance with subparagraphs (B),
 (C), and (E) of section 31(b)(4).
 (ii)Contiguous
 StatesIf 2 or more contiguous Southeastern States submit
 petitions described in clause (i) and the Secretary approves the petitions, the
 Secretary shall—
 (I)disburse to the
 contiguous Southeastern States 50 percent of any qualified outer Continental
 Shelf revenues that are derived from leasing any portion of a moratorium area
 in the administrative boundaries of the Southeastern States that is more than
 50 miles, but less than 100 miles, off the coastline of the Southeastern
 States;
 (II)allocate the
 amount made available under subclause (I) to the contiguous Southeastern States
 in amounts that are inversely proportional to the respective distances between
 the point on the coastline of each Southeastern State that is closest to the
 geographical center of each historical lease site and the geographical center
 of the historical lease site, as determined by the Secretary; and
 (III)pay 20 percent
 of the allocable share of each contiguous Southeastern State to the coastal
 political subdivisions of the Southeastern State in accordance with
 subparagraphs (B), (C), and (E) of section 31(b)(4).
 (4)Prohibition on
 exportAll oil and natural gas produced on the outer Continental
 Shelf of the United States under this subsection shall be made available for
 refining and sale solely within the United States.
 (5)Alternative
 Fuel Trust Fund
 (A)EstablishmentThere
 is established in the Treasury of the United States a revolving fund, to be
 known as the Alternative Fuel Trust Fund, consisting of all
 qualified outer Continental Shelf revenues payable to the Federal Government
 under this subsection (as determined by the Secretary).
 (B)Expenditures
 from FundSubject to appropriations and on request by the
 Secretary of Energy, the Secretary of the Treasury shall transfer from the Fund
 to the Secretary of Energy such amounts as the Secretary of Energy determines
 are necessary to carry out—
 (i)research,
 development, and commercialization programs for alternative fuels and
 alternative fuel technologies; and
 (ii)similar programs
 established under the Fulfilling U.S. Energy
 Leadership Act of 2011 and amendments made by that Act.
 (C)Transfers of
 amounts
 (i)In
 generalThe amounts required to be transferred to the Fund under
 this paragraph shall be transferred at least monthly from the general fund of
 the Treasury to the Fund on the basis of estimates made by the Secretary of the
 Treasury.
 (ii)AdjustmentsProper
 adjustment shall be made in amounts subsequently transferred to the extent
 prior estimates were in excess of or less than the amounts required to be
 transferred.
 .
 (b)Conforming
 amendments
 (1)Section 104 of
 the Department of the Interior, Environment, and Related Agencies
 Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2118) is
 amended—
 (A)by inserting
 and after North Atlantic;; and
 (B)by striking
 ; and the eastern and all that follows through
 longitude.
 (2)Section 105 of
 the Department of the Interior, Environment, and Related Agencies
 Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2118) is
 repealed.
 (3)Section 104 of
 the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law
 109–432) is amended—
 (A)by striking
 subsection (a);
 (B)in subsection
 (b), by striking Notwithstanding subsection (a), the and
 inserting The;
 (C)in subsection
 (c)(1), by inserting (as it existed before the amendment made by section
 201(c)(1) of the Fulfilling U.S. Energy
 Leadership Act of 2011) after subsection
 (a); and
 (D)by redesignating
 subsections (b) and (c) as subsections (a) and (b), respectively.
 202.Implementation
 of inventory of outer Continental Shelf resources
 (a)In
 generalSection 357 of the Energy Policy Act of 2005 (42 U.S.C.
 15912) is amended—
 (1)in subsection
 (a)—
 (A)by striking the
 first sentence of the matter preceding paragraph (1) and inserting the
 following: The Secretary shall conduct a seismic inventory of oil and
 natural gas, and prepare a summary (the latter prepared with the assistance of,
 and based on information provided by, the heads of appropriate Federal
 agencies) of the information obtained under paragraph (3), for the waters of
 the United States Outer Continental Shelf (referred to in this section as the
 OCS) in the Atlantic Region, the Eastern Gulf of Mexico, and the
 Alaska Region.;
 (B)in paragraph
 (2)—
 (i)by
 striking 3-D and inserting 2-D and 3-D;
 and
 (ii)by
 adding and at the end; and
 (C)by striking
 paragraphs (3) through (5) and inserting in the following:
 (3)use existing
 inventories and mapping of marine resources undertaken by the National
 Oceanographic and Atmospheric Administration and with the assistance of and
 based on information provided by the Department of Defense and other Federal
 and State agencies possessing relevant data, and use any available data
 regarding alternative energy potential, navigation uses, fisheries, aquaculture
 uses, recreational uses, habitat, conservation, and military
 uses.
 ;
 and
 (2)by striking
 subsection (b) and inserting the following:
 (b)ImplementationThe
 Secretary shall carry out the inventory and analysis under subsection (a) in 3
 phases, with priority given to all or part of applicable planning areas of the
 outer Continental Shelf—
 (1)estimated to have
 the greatest potential for energy development in barrel of oil equivalent;
 and
 (2)outside of any
 leased area or area scheduled for leasing prior to calendar year 2011 under any
 outer Continental Shelf 5-year leasing program or amendment to the program
 under section 18 of the Outer Continental Shelf Lands Act
 (43 U.S.C. 1344).
 (c)Reports
 (1)In
 generalNot later than 90 days after the date of enactment of
 this paragraph, the Secretary shall submit to the Committee on Energy and
 Natural Resources of the Senate and the Committee on Natural Resources of the
 House of Representatives a report that provides a plan for executing the
 seismic inventories required under this section, including an estimate of the
 costs to complete the seismic inventory by region and environmental and
 permitting activities to facilitate expeditious completion.
 (2)First
 phaseNot later than 2 years after the date of enactment of this
 paragraph, the Secretary shall submit to Congress a report describing the
 results of the first phase of the inventory and analysis under subsection
 (a).
 (3)Subsequent
 phasesNot later than 2 years after the date on which the report
 is submitted under paragraph (2) and 2 years thereafter, the Secretary shall
 submit to Congress a report describing the results of the second and third
 phases, respectively, of the inventory and analysis under subsection
 (a).
 (4)Public
 availabilityA report submitted under paragraph (2) or (3) shall
 be—
 (A)made publicly
 available; and
 (B)updated not less
 frequently than once every 5
 years.
 .
 (b)Relationship to
 5-Year ProgramThe requirement that the Secretary of the Interior
 carry out the inventory required by the amendment made by subsection (a) shall
 not be considered to require, authorize, or provide a basis or justification
 for delay by the Secretary of the Interior or any other agency of the issuance
 of any outer Continental Shelf leasing program or amendment to the program
 under section 18 of the Outer Continental Shelf Lands Act
 (43 U.S.C. 1344), or any lease sale pursuant to that section.
 (c)PermitsNothing
 in this section or an amendment made by this section precludes the issuance by
 the Secretary of the Interior of a permit to conduct geological and geophysical
 exploration of the outer Continental Shelf in accordance with the
 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
 and other applicable law.
 (d)FundingSection
 999H(d) of the Energy Policy Act of 2005 (42 U.S.C.
 16378(d)) is amended—
 (1)by striking
 paragraph (1) and inserting the following:
 (1)Thirty-five
 percent shall be used for activities under section 999A(b)(1), except that for
 each of fiscal years 2010 through 2015 the amount made available under this
 paragraph shall be used to carry out section 357 (for the completion of
 necessary environmental analyses under the National Environmental Policy Act of 1969 (42
 U.S.C. 4321 et seq.), with a priority given to completion of programmatic
 environmental impact statements necessary to carry out the seismic inventory or
 portions of the inventory required by section 357, and the use of seismic
 technology to obtain accurate resource
 estimates).
 ;
 and
 (2)in paragraph
 (4)—
 (A)by inserting
 (A) except as provided in subparagraph (B), before
 25; and
 (B)by adding at the
 end the following:
 (B)notwithstanding
 subparagraph (A), for each of fiscal years 2010 through 2015—
 (i)15 percent shall
 be used for the purposes described in subparagraph (A); and
 (ii)10 percent shall
 be used for the activities described in paragraph
 (1).
 .
 (e)Authorization
 of appropriationsThere are authorized to be appropriated to
 carry out this section and the amendments made by this section, to remain
 available until expended without fiscal year limitation—
 (1)$100,000,000 for
 each of fiscal years 2012 through 2017; and
 (2)$50,000,000 for
 each of fiscal years 2018 through 2020.
 203.Offshore
 safety bureau
 (a)In
 generalThe Outer Continental Shelf Lands
 Act (43 U.S.C. 1331 et seq.) is amended by adding to the end the
 following:
 32.Offshore safety
 bureau
 (a)Establishment
 of bureau
 (1)Establishment
 (A)In
 generalSubject to the discretion granted by Reorganization Plan
 Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), the Secretary shall
 establish in the Department of the Interior a bureau to carry out the safety
 and environmental regulatory functions vested in the Secretary by this Act and
 the Federal Oil and Gas Royalty Management Act of 1982 (30
 U.S.C. 1701 et seq.) related to the outer Continental Shelf.
 (B)Conflicts of
 interestIn establishing the bureau under subparagraph (A), the
 Secretary shall ensure, to the maximum extent practicable, that any potential
 organizational conflicts of interest related to environmental protection and
 safety are eliminated.
 (2)DirectorThe
 bureau shall be headed by a Director, who shall be appointed by the President,
 by and with the advice and consent of the Senate.
 (3)CompensationThe
 Director shall be compensated at the rate provided for level V of the Executive
 Schedule under section 5316 of title 5, United States Code.
 (4)QualificationsThe
 Director shall be a person who, by reason of professional background and
 demonstrated ability and experience, is specially qualified to carry out the
 duties of the office.
 (b)Special
 personnel authorities
 (1)Direct hiring
 authority for critical personnel
 (A)In
 generalNotwithstanding sections 3104, 3304, and 3309 through
 3318 of title 5, United States Code, the Secretary may, on a determination that
 there is a severe shortage of candidates or a critical hiring need for
 particular positions, recruit and directly appoint highly qualified
 accountants, scientists, engineers, or critical technical personnel into the
 competitive service, as officers or employees of the organizational unit
 established under this section.
 (B)RequirementsIn
 exercising the authority granted under subparagraph (A), the Secretary shall
 ensure that any action taken by the Secretary—
 (i)is consistent
 with the merit principles of chapter 23 of title 5, United States Code;
 and
 (ii)complies with
 the public notice requirements of section 3327 of title 5, United States
 Code.
 (2)Critical pay
 authority
 (A)In
 generalNotwithstanding section 5377 of title 5, United States
 Code, and without regard to the provisions of that title governing appointments
 in the competitive service or the Senior Executive Service and chapters 51 and
 53 of that title (relating to classification and pay rates), the Secretary may
 establish, fix the compensation of, and appoint individuals to critical
 positions needed to carry out the functions of the organizational unit
 established under this section, if the Secretary certifies that—
 (i)the
 positions—
 (I)require expertise
 of an extremely high level in a scientific or technical field; and
 (II)the
 organizational unit established in this section would not successfully
 accomplish an important mission without such an individual; and
 (ii)exercise of the
 authority is necessary to recruit an individual exceptionally well qualified
 for the position.
 (B)LimitationsThe
 authority granted under subparagraph (A) shall be subject to the following
 conditions:
 (i)The number of
 critical positions authorized by subparagraph (A) may not exceed 40 at any one
 time in the bureau established under this section.
 (ii)The term of an
 appointment under subparagraph (A) may not exceed 4 years.
 (iii)An individual
 appointed under subparagraph (A) may not have been an employee of the
 Department of the Interior during the 2-year period prior to the date of
 appointment.
 (iv)Total annual
 compensation for any individual appointed under subparagraph (A) may not exceed
 the highest total annual compensation payable at the rate determined under
 section 104 of title 3, United States Code.
 (v)An individual
 appointed under subparagraph (A) may not be considered to be an employee for
 purposes of subchapter II of chapter 75 of title 5, United States Code.
 (C)NotificationEach
 year, the Secretary shall submit to Congress a notification that lists each
 individual appointed under this paragraph.
 (3)Reemployment of
 civilian retirees
 (A)In
 generalNotwithstanding part 553 of title 5, Code of Federal
 Regulations (relating to reemployment of civilian retirees to meet exceptional
 employment needs), or successor regulations, the Secretary may approve the
 reemployment of an individual to a particular position without reduction or
 termination of annuity if the hiring of the individual is necessary to carry
 out a critical function of any of the organizational units established under
 this section for which suitably qualified candidates do not exist.
 (B)LimitationsAn
 annuitant hired with full salary and annuities under the authority granted by
 subparagraph (A)—
 (i)shall not be
 considered an employee for purposes of subchapter III of chapter 83 and chapter
 84 of title 5, United States Code;
 (ii)may not elect to
 have retirement contributions withheld from the pay of the annuitant;
 (iii)may not use any
 employment under this paragraph as a basis for a supplemental or recomputed
 annuity; and
 (iv)may not
 participate in the Thrift Savings Plan under subchapter III of chapter 84 of
 title 5, United States Code.
 (C)Limitation on
 termThe term of employment of any individual hired under
 subparagraph (A) may not exceed an initial term of 2 years, with an additional
 2-year appointment under exceptional circumstances.
 (c)Continuity of
 authoritySubject to the discretion granted by Reorganization
 Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), any reference in
 any law, rule, regulation, directive, or instruction, or certificate or other
 official document, in force immediately prior to the date of enactment of this
 section—
 (1)to the Minerals
 Management Service that pertains to any of the duties and authorities described
 in this section shall be deemed to refer and apply to the bureau established
 under this section;
 (2)to the Director
 of the Minerals Management Service that pertains to any of the duties and
 authorities described in this section shall be considered to refer and apply to
 the Director of the bureau under this section to whom the Secretary has
 assigned the respective duty or authority; and
 (3)to any other
 position in the Minerals Management Service that pertains to any of the duties
 and authorities described in this section shall be considered to refer and
 apply to that same or equivalent position in the bureau established under this
 section.
 .
 (b)Conforming
 amendmentSection 5316 of title 5, United States Code, is amended
 by striking Director, Bureau of Mines, Department of the
 Interior and inserting the following:
 Bureau Directors, Department of the Interior
 (2).
 .
 IIIAlternative
 fuel deployment
 AEnergy
 provisions
 301.Bioenergy
 research and developmentSection 932 of the Energy Policy Act of 2005
 (42 U.S.C. 16232) is amended—
 (1)by redesignating subsections (g) and (h) as
 subsections (f) and (g), respectively; and
 (2)by adding at the
 end the following:
 (h)Authorization
 of appropriationsThere are authorized to be appropriated to
 carry out this section—
 (1)$2,898,000,000
 for fiscal year 2009, of which $150,000,000 shall be for subsection (d);
 and
 (2)$2,919,000,000
 for fiscal year 2010, of which $150,000,000 shall be for subsection
 (d).
 .
 302.Alternative
 fueled automobile production requirement
 (a)Definition of alternative fueled
 vehicleSection 32901 of title 49, United States Code, is amended
 by striking paragraph (2) and inserting the following:
 (2)(A)alternative
 fueled automobile means an automobile that is a—
 (i)dedicated automobile; or
 (ii)dual fueled automobile.
 (B)The term alternative fueled
 automobile does not include a dedicated automobile that operates
 exclusively on gasoline or diesel
 fuel.
 .
 (b)RequirementSection 32905 of title 49, United States
 Code is amended by adding at the end the following:
 (g)Alternative
 fueled automobilesEach manufacturer that manufactures
 automobiles for sale or use in the United States shall ensure that—
 (1)not less than 75
 percent of such automobiles manufactured for each of model years 2016 through
 2019 are alternative fueled automobiles; and
 (2)100 percent of
 such automobiles manufactured for model year 2020 and each subsequent model
 year are alternative fueled
 automobiles.
 .
 303.Definition of
 renewable biomassSection
 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking
 subparagraph (I) and inserting the following:
 (I)Renewable
 biomassThe term renewable biomass means—
 (i)materials,
 pre-commercial thinnings, or invasive species from National Forest System land
 and public lands (as defined in section 103 of the
 Federal Land Policy and Management Act of
 1976 (43 U.S.C. 1702)) that—
 (I)are byproducts of
 preventive treatments that are removed—
 (aa)to
 reduce hazardous fuels;
 (bb)to
 reduce or contain disease or insect infestation; or
 (cc)to
 restore ecosystem health;
 (II)would not
 otherwise be used for higher-value products; and
 (III)are harvested
 in accordance with—
 (aa)applicable law
 and land management plans; and
 (bb)the requirements
 for—
 (AA)old-growth
 maintenance, restoration, and management direction of paragraphs (2), (3), and
 (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of
 2003 (16 U.S.C. 6512); and
 (BB)large-tree
 retention of subsection (f) of that section; or
 (ii)any organic
 matter that is available on a renewable or recurring basis from non-Federal
 land or land belonging to an Indian or Indian tribe that is held in trust by
 the United States or subject to a restriction against alienation imposed by the
 United States, including—
 (I)renewable plant
 material, including—
 (aa)feed
 grains;
 (bb)other
 agricultural commodities;
 (cc)other plants and
 trees; and
 (dd)algae;
 and
 (II)waste material,
 including—
 (aa)crop
 residue;
 (bb)other vegetative
 waste material (including wood waste and wood residues);
 (cc)animal waste and
 byproducts (including fats, oils, greases, and manure); and
 (dd)food waste and
 yard
 waste.
 .
 304.Loan
 guarantees for renewable fuel pipelinesSubtitle C of title II of the Energy
 Independence and Security Act of 2007 (42 U.S.C. 17051 et seq.) is amended by
 adding at the end the following:
 249.Loan guarantees for renewable fuel
 pipelines
 (a)DefinitionsIn
 this section:
 (1)CostThe
 term cost has the meaning given the term cost of a loan
 guarantee in section 502(5)(C) of the Federal Credit Reform Act of 1990
 (2 U.S.C. 661a(5)(C)).
 (2)Eligible
 projectThe term eligible project means a project
 described in subsection (b)(1).
 (3)Guarantee
 (A)In
 generalThe term guarantee has the meaning given the
 term loan guarantee in section 502 of the Federal Credit Reform
 Act of 1990 (2 U.S.C. 661a).
 (B)InclusionThe
 term guarantee includes a loan guarantee commitment (as defined in
 section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).
 (4)Renewable
 fuelThe term renewable fuel means fuel that is
 produced from renewable biomass and that is used to replace or reduce the
 quantity of fossil fuel present in a transportation fuel.
 (5)Renewable fuel
 pipelineThe term renewable fuel pipeline means a
 common carrier pipeline for transporting renewable fuel.
 (b)Loan
 guarantees
 (1)In
 generalThe Secretary shall make guarantees under this section
 for projects that provide for—
 (A)the construction
 of new renewable fuel pipelines; or
 (B)the modification
 of pipelines to transport renewable fuel.
 (2)EligibilityIn
 determining the eligibility of a project for a guarantee under this section,
 the Secretary shall consider—
 (A)the volume of
 renewable fuel to be moved by the renewable fuel pipeline;
 (B)the size of the
 markets to be served by the renewable fuel pipeline;
 (C)the existence of
 sufficient storage to facilitate access to the markets served by the renewable
 fuel pipeline;
 (D)the proximity of
 the renewable fuel pipeline to renewable fuel production facilities;
 (E)the investment of
 the entity carrying out the proposed project in terminal infrastructure;
 (F)the experience of
 the entity carrying out the proposed project in working with renewable
 fuel;
 (G)the ability of
 the entity carrying out the proposed project to maintain the quality of the
 renewable fuel through—
 (i)the terminal
 system of the entity; and
 (ii)the dedicated
 pipeline system;
 (H)the ability of
 the entity carrying out the proposed project to complete the project in a
 timely manner; and
 (I)the ability of
 the entity carrying out the proposed project to secure property rights-of-way
 in order to move the proposed project forward in a timely manner.
 (3)AmountUnless
 otherwise provided by law, a guarantee by the Secretary under this section
 shall not exceed an amount equal to 90 percent of the eligible project cost of
 the renewable fuel pipeline that is the subject of the guarantee, as estimated
 at the time at which the guarantee is issued or subsequently modified while the
 eligible project is under construction.
 (4)Terms and
 conditionsGuarantees under this section shall be provided in
 accordance with section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
 16512), except that subsection (c) of that section shall not apply to
 guarantees made under this section.
 (5)Final
 ruleNot later than 90 days after the date of enactment of this
 section, the Secretary shall publish in the Federal Register a final rule
 directing the Director of the Department of Energy Loan Guarantee Program
 Office to initiate the loan guarantee program under this section in accordance
 with this section.
 (c)Funding
 (1)In
 generalThere are authorized to be appropriated such sums as are
 necessary to provide $4,000,000,000 in guarantees under this section.
 (2)Use of other
 appropriated fundsTo the extent that the amounts made available
 under title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.)
 have not been disbursed to programs under that title, the Secretary may use the
 amounts to carry out this
 section.
 .
 BTax
 provisions
 311.Variable VEETC rate
 based on price of crude oil
 (a)Excise tax
 credit
 (1)In
 generalSubparagraph (A) of section 6426(b)(2) of the Internal
 Revenue Code of 1986 is amended—
 (A)by striking
 and at the end of clause (i),
 (B)by striking
 calendar years beginning after 2008, 45 cents. in clause (ii)
 and inserting calendar quarters beginning after 2008 and before July 1,
 2011, 45 cents, and, and
 (C)by adding at the
 end the following new clause:
 (iii)in the case of
 calendar quarters beginning after June 30, 2011, the applicable rate determined
 in accordance with the following table:
 If the average price of crude oil
 The applicable rate for
 during the preceding calendar quarter
 is: the calendar quarter is:
 Not more than $50/barrel30 cents
 More than $50 but not more than
 $60/barrel24
 cents
 More than $60 but not more than
 $70/barrel18
 cents
 More than $70 but not more than
 $80/barrel12
 cents
 More than $80 but not more than
 $90/barrel6
 cents
 More than $90/barrel0 cents.
 For purposes
 of the preceding table, the average price of crude oil for any calendar quarter
 shall be the average 3-month futures price on the New York Mercantile Exchange
 for light sweet crude oil for such calendar quarter. Each applicable rate under
 the preceding table shall be reduced by 2 cents for each calendar year
 beginning after
 2011..
 (2)Extension of
 tax credit or paymentSections 6426(b)(6) and 6427(e)(6)(A) of
 such Code are each amended by striking 2011 and inserting
 2014.
 (b)Income tax
 credit
 (1)In
 generalThe table contained in section 40(h)(2) of the Internal
 Revenue Code of 1986 is amended—
 (A)by striking
 calendar year in the heading for the first column,
 (B)by inserting
 Calendar year before 2001,
 (C)by inserting
 Calendar year before 2003,
 (D)by inserting
 Calendar year before 2005,
 (E)by inserting
 Calendar years before 2009,
 (F)by striking
 2011 and inserting the last calendar quarter beginning
 before July 1, 2011,
 (G)by striking the
 period at the end of the table, and
 (H)by adding at the
 end the following:
 Any calendar quarter
 beginning after June 30, 2011, and before 2015 1st applicable
 rate 2d applicable rate.
 .
 (2)Applicable
 ratesParagraph (3) of section 40(h) of such Code is amended to
 read as follows:
 (3)Applicable
 ratesFor purposes of this subsection, the 1st applicable rate
 and the 2d applicable rate shall be determined in accordance with the following
 table:
 If the average price of crude oil during the
 preceding calendar quarter is:The 1st applicable rate for the
 calendar quarter is:The 2d applicable rate for the
 calendar quarter is:
 Not more than $50/barrel30
 cents22.20 cents
 More than $50 but not more than $60/barrel24
 cents17.76 cents
 More than $60 but not more than $70/barrel18
 cents13.33 cents
 More than $70 but not more than $80/barrel12
 cents8.88 cents
 More than $80 but not more than $90/barrel6
 cents4.44 cents
 More than $90/barrel0 cents0
 cents.
 For
 purposes of the preceding table, the average price of crude oil for any
 calendar quarter shall be the average 3-month futures price on the New York
 Mercantile Exchange for light sweet crude oil for such calendar quarter. Each
 1st applicable rate under the preceding table shall be reduced by 2 cents for
 each calendar year beginning after 2011 and each 2d applicable rate under such
 table shall be reduced by 1.48 cents for each such
 year..
 (3)Extension of
 tax creditSection 40 of such Code is amended—
 (A)by striking
 2011 in subsection (e)(1)(A) and inserting
 2014,
 (B)by striking
 2012 in subsection (e)(1)(B) and inserting 2015,
 and
 (C)by striking
 2011 in subsection (h)(1) and inserting
 2014.
 (c)Repeal of
 deadwoodSection 6426(b)(2) of the Internal Revenue Code of 1986
 is amended by striking subparagraph (C).
 (d)Effective
 DateThe amendments made by this section shall apply to any sale,
 use, or removal for any period after June 30, 2011.
 312.Extension of
 cellulosic biofuel producer credit through 2016
 (a)In
 generalSection 40(b)(6) of
 the Internal Revenue Code of 1986 is amended by striking subparagraph
 (H).
 (b)Conforming
 amendmentSection 40(e) of
 the Internal Revenue Code of 1986 is amended by striking paragraph (3).
 313.Extension and
 modification of alternative fuel vehicle refueling property credit
 (a)ExtensionSubsection
 (g) of section 30C of the Internal Revenue Code of 1986 is amended by striking
 placed in service and all that follows and inserting
 placed in service after December 31, 2016..
 (b)Only certain
 ethanol blends eligible for creditSubparagraph (A) of section
 30C(c)(2) of the Internal Revenue Code of 1986 is amended to read as
 follows:
 (A)Any fuel—
 (i)at least 85
 percent of the volume of which consists of one or more of the following:
 natural gas, compressed natural gas, liquified natural gas, liquefied petroleum
 gas, or hydrogen, or
 (ii)at least 85
 percent of the volume of which consists of—
 (I)ethanol,
 or
 (II)ethanol and one
 or more of the fuels described in clause (i), but only if at least 20 percent
 and not more than 85 percent of the volume of such fuel consists of
 ethanol.
 .
 (c)Credit for
 dual-Use refueling propertySubsection (e) of section 30C of the
 Internal Revenue Code of 1986 is amended by adding at the end the following new
 paragraph:
 (6)Dual-use
 refueling property
 (A)In
 generalIn the case of any dual-use refueling property, 100
 percent of the cost of such property shall be treated as qualified alternative
 fuel refueling property if the taxpayer certifies, in such time and manner as
 the Secretary shall prescribe, that such property will be used in more than a
 de minimis capacity for the purposes described in section 179A(d)(3)(A)
 (applied as specified in subsection (c)(2)).
 (B)RecaptureIf
 at any time within 5 years after the date of the certification under
 subparagraph (A) the dual-use refueling property ceases to be used as required
 under such subparagraph, 100 percent of the cost of such property shall be
 subject to recapture under paragraph (5).
 (C)Dual-use
 refueling propertyFor purposes of this paragraph, the term
 dual-use refueling property means property that is both qualified
 alternative fuel vehicle refueling property and property used—
 (i)to store or
 dispense fuels not described in subsection (c)(2), or
 (ii)to store fuels
 described in subsection (c)(2) for any purpose other than delivery of such fuel
 into the fuel tank of a motor
 vehicle.
 .
 (d)Effective
 dateThe amendments made by this section shall apply to property
 placed in service after December 31, 2011.
 314.Extension of
 special depreciation allowance for cellulosic biofuel plant
 propertySubparagraph (D) of
 section 168(l)(2) of the Internal Revenue Code of 1986 is amended by striking
 January 1, 2013 and inserting January 1,
 2017.
 315.Incentives for
 biodiesel and renewable diesel
 (a)Credits for
 biodiesel and renewable diesel used as fuelSubsection (g) of
 section 40A of the Internal Revenue Code of 1986 is amended by striking
 December 31, 2011 and inserting December 31,
 2016.
 (b)Excise tax
 credits and outlay payments for biodiesel and renewable diesel fuel
 mixtures
 (1)Paragraph (6) of
 section 6426(c) is amended by striking December 31, 2011 and
 inserting December 31, 2016.
 (2)Subparagraph (B)
 of section 6427(e)(6) is amended by striking December 31, 2011
 and inserting December 31, 2016.
 (c)Effective
 dateThe amendments made by this section shall apply to fuel sold
 or used after December 31, 2011.
 316.Alternative
 fuels excise tax credits
 (a)In
 generalSections 6426(d)(5), 6426(e)(3), and 6427(e)(6)(C) of the
 Internal Revenue Code of 1986 are each amended by striking December 31,
 2011 and inserting December 31, 2016.
 (b)Effective
 dateThe amendments made by this section shall apply to fuel sold
 or used after December 31, 2011.
 IVCleaner sources
 of electricity
 AEnergy
 provisions
 401.Clean energy
 standard
 (a)In
 generalThe Secretary of Energy shall establish a clean energy
 standard that promotes the use of renewable and other low-carbon sources of
 electricity.
 (b)AdministrationIn
 establishing the clean energy standard, the Secretary shall, to the maximum
 extent practicable, take into account the likely timelines for the availability
 of new electricity technologies to ensure that the standard is technically
 achievable and affordable for energy consumers.
 402.Large-scale
 carbon storage program
 (a)In
 generalSubtitle F of title
 IX of the Energy Policy Act of 2005 (42 U.S.C. 16291 et
 seq.) is amended by inserting after section 963 (42 U.S.C. 16293) the
 following:
 963A.Large-scale
 carbon storage program
 (a)DefinitionsIn
 this section:
 (1)Industrial
 sourceThe term industrial source means any source
 of carbon dioxide that is not naturally occurring.
 (2)Large-scaleThe
 term large-scale means the injection of over 1,000,000 tons of
 carbon dioxide each year from industrial sources into a geological
 formation.
 (3)Secretary
 concernedThe term Secretary concerned means—
 (A)the Secretary of
 Agriculture (acting through the Chief of the Forest Service), with respect to
 National Forest System land; and
 (B)the Secretary of
 the Interior, with respect to land managed by the Bureau of Land Management
 (including land held for the benefit of an Indian tribe).
 (b)ProgramIn
 addition to the research, development, and demonstration program authorized by
 section 963, the Secretary shall carry out a program to demonstrate the
 commercial application of integrated systems for the capture, injection,
 monitoring, and long-term geological storage of carbon dioxide from industrial
 sources.
 (c)Authorized
 assistanceIn carrying out the program, the Secretary may enter
 into cooperative agreements to provide financial and technical assistance to up
 to 10 demonstration projects.
 (d)Project
 selectionThe Secretary shall competitively select recipients of
 cooperative agreements under this section from among applicants that—
 (1)provide the
 Secretary with sufficient geological site information (including
 hydrogeological and geophysical information) to establish that the proposed
 geological storage unit is capable of long-term storage of the injected carbon
 dioxide, including—
 (A)the location,
 extent, and storage capacity of the geological storage unit at the site into
 which the carbon dioxide will be injected;
 (B)the principal
 potential modes of geomechanical failure in the geological storage unit;
 (C)the ability of
 the geological storage unit to retain injected carbon dioxide; and
 (D)the measurement,
 monitoring, and verification requirements necessary to ensure adequate
 information on the operation of the geological storage unit during and after
 the injection of carbon dioxide;
 (2)possess the land
 or interests in land necessary for—
 (A)the injection and
 storage of the carbon dioxide at the proposed geological storage unit;
 and
 (B)the closure,
 monitoring, and long-term stewardship of the geological storage unit;
 (3)possess or have a
 reasonable expectation of obtaining all necessary permits and authorizations
 under applicable Federal and State laws (including regulations); and
 (4)agree to comply
 with each requirement of subsection (e).
 (e)Terms and
 conditionsThe Secretary shall condition receipt of financial
 assistance pursuant to a cooperative agreement under this section on the
 recipient agreeing to—
 (1)comply with all
 applicable Federal and State laws (including regulations), including a
 certification by the appropriate regulatory authority that the project will
 comply with Federal and State requirements to protect drinking water
 supplies;
 (2)in the case of
 industrial sources subject to the Clean Air Act (42 U.S.C.
 7401 et seq.), inject only carbon dioxide captured from industrial sources in
 compliance with that Act;
 (3)comply with all
 applicable construction and operating requirements for deep injection
 wells;
 (4)measure, monitor,
 and test to verify that carbon dioxide injected into the injection zone is
 not—
 (A)escaping from or
 migrating beyond the confinement zone; or
 (B)endangering an
 underground source of drinking water;
 (5)comply with
 applicable well-plugging, post-injection site care, and site closure
 requirements, including—
 (A)(i)maintaining financial
 assurances during the post-injection closure and monitoring phase until a
 certificate of closure is issued by the Secretary; and
 (ii)promptly undertaking remediation
 activities for any leak from the geological storage unit that would endanger
 public health or safety or natural resources; and
 (B)complying with
 subsection (f);
 (6)comply with
 applicable long-term care requirements;
 (7)maintain
 financial protection in a form and in an amount acceptable to—
 (A)the
 Secretary;
 (B)the Secretary
 with jurisdiction over the land; and
 (C)the Administrator
 of the Environmental Protection Agency; and
 (8)provide the
 assurances described in section 963(c)(4)(B).
 (f)Post injection
 closure and monitoring elementsIn assessing whether a project
 complies with site closure requirements under subsection (e)(5), the Secretary,
 in consultation with the Administrator of the Environmental Protection Agency,
 shall determine whether the recipient of financial assistance has demonstrated
 continuous compliance with each of the following over a period of not less than
 10 consecutive years after the plume of carbon dioxide has stabilized within
 the geologic formation that comprises the geologic storage unit following the
 cessation of injection activities:
 (1)The estimated
 location and extent of the project footprint (including the detectable plume of
 carbon dioxide and the area of elevated pressure resulting from the project)
 has not substantially changed and is contained within the geologic storage
 unit.
 (2)The injection
 zone formation pressure has ceased to increase following cessation of carbon
 dioxide injection into the geologic storage unit.
 (3)There is no
 leakage of either carbon dioxide or displaced formation fluid from the geologic
 storage unit that is endangering public health and safety, including
 underground sources of drinking water and natural resources.
 (4)The injected or
 displaced formation fluids are not expected to migrate in the future in a
 manner that encounters a potential leakage pathway.
 (5)The injection
 wells at the site completed into or through the injection zone or confining
 zone are plugged and abandoned in accordance with the applicable requirements
 of Federal or State law governing the wells.
 (g)Indemnification
 agreements
 (1)Definition of
 liabilityIn this subsection, the term liability
 means any legal liability for—
 (A)bodily injury,
 sickness, disease, or death;
 (B)loss of or damage
 to property, or loss of use of property; or
 (C)injury to or
 destruction or loss of natural resources, including fish, wildlife, and
 drinking water supplies.
 (2)AgreementsNot
 later than 1 year after the date of the receipt by the Secretary of a completed
 application for a demonstration project, the Secretary may agree to indemnify
 and hold harmless the recipient of a cooperative agreement under this section
 from liability arising out of or resulting from a demonstration project in
 excess of the amount of liability covered by financial protection maintained by
 the recipient under subsection (e)(7).
 (3)Exception for
 gross negligence and intentional misconductNotwithstanding
 paragraph (1), the Secretary may not indemnify the recipient of a cooperative
 agreement under this section from liability arising out of conduct of a
 recipient that is grossly negligent or that constitutes intentional
 misconduct.
 (4)Collection of
 fees
 (A)In
 generalThe Secretary shall collect a fee from any person with
 whom an agreement for indemnification is executed under this subsection in an
 amount that is equal to the net present value of payments made by the United
 States to cover liability under the indemnification agreement.
 (B)AmountThe
 Secretary shall establish, by regulation, criteria for determining the amount
 of the fee, taking into account—
 (i)the likelihood of
 an incident resulting in liability to the United States under the
 indemnification agreement; and
 (ii)other factors
 pertaining to the hazard of the indemnified project.
 (C)Use of
 feesFees collected under this paragraph shall be deposited in
 the Treasury and credited to miscellaneous receipts.
 (5)Contracts in
 advance of appropriations
 (A)In
 generalSubject to subparagraph (B), the Secretary The Secretary
 may enter into agreements of indemnification under this subsection in advance
 of appropriations and incur obligations without regard to section 1341 of title
 31, United States Code (commonly known as the Anti-Deficiency
 Act), or section 11 of title 41, United States Code
 (commonly known as the Adequacy of Appropriations
 Act).
 (B)LimitationThe
 amount of indemnification under this subsection shall not exceed
 $10,000,000,000 (adjusted not less than once during each 5-year period
 following the date of enactment of this section, in accordance with the
 aggregate percentage change in the Consumer Price Index since the previous
 adjustment under this subparagraph), in the aggregate, for all persons
 indemnified in connection with an agreement and for each project, including
 such legal costs as are approved by the Secretary.
 (6)Conditions of
 agreements of indemnification
 (A)In
 generalAn agreement of indemnification under this subsection may
 contain such terms as the Secretary considers appropriate to carry out the
 purposes of this section.
 (B)AdministrationThe
 agreement shall provide that, if the Secretary makes a determination the United
 States will probably be required to make indemnity payments under the
 agreement, the Attorney General—
 (i)shall collaborate
 with the recipient of an award under this subsection; and
 (ii)may—
 (I)approve the
 payment of any claim under the agreement of indemnification;
 (II)appear on behalf
 of the recipient;
 (III)take charge of
 an action; and
 (IV)settle or defend
 an action.
 (C)Settlement of
 claims
 (i)In
 generalThe Attorney General shall have final authority on behalf
 of the United States to settle or approve the settlement of any claim under
 this subsection on a fair and reasonable basis with due regard for the purposes
 of this subsection.
 (ii)ExpensesThe
 settlement shall not include expenses in connection with the claim incurred by
 the recipient.
 (h)Federal
 land
 (1)In
 generalThe Secretary concerned may authorize the siting of a
 project on Federal land under the jurisdiction of the Secretary concerned in a
 manner consistent with applicable laws and land management plans and subject to
 such terms and conditions as the Secretary concerned determines to be
 necessary.
 (2)Framework for
 geological carbon sequestration on public landIn determining
 whether to authorize a project on Federal land, the Secretary concerned shall
 take into account the framework for geological carbon sequestration on public
 land prepared in accordance with section 714 of the Energy
 Independence and Security Act of 2007 (Public Law 110–140; 121 Stat.
 1715).
 (i)Acceptance of
 title and long-term monitoring
 (1)In
 generalAs a condition of a cooperative agreement under this
 section, the Secretary may accept title to, or transfer of administrative
 jurisdiction from another Federal agency over, any land or interest in land
 necessary for the monitoring, remediation, or long-term stewardship of a
 project site.
 (2)Long-term
 monitoring activitiesAfter accepting title to, or transfer of, a
 site closed in accordance with this section, the Secretary shall monitor the
 site and conduct any remediation activities to ensure the geological integrity
 of the site and prevent any endangerment of public health or safety.
 (3)FundingThere
 is appropriated to the Secretary, out of funds of the Treasury not otherwise
 appropriated, such sums as are necessary to carry out paragraph
 (2).
 .
 (b)Conforming
 amendments
 (1)Section 963 of the Energy Policy
 Act of 2005 (42 U.S.C. 16293) is amended—
 (A)by redesignating
 subsections (a) through (d) as subsections (b) through (e),
 respectively;
 (B)by inserting
 before subsection (b) (as so redesignated) the following:
 (a)DefinitionsIn
 this section:
 (1)Industrial
 sourceThe term industrial source means any source
 of carbon dioxide that is not naturally occurring.
 (2)Large-scaleThe
 term large-scale means the injection of over 1,000,000 tons of
 carbon dioxide from industrial sources over the lifetime of the
 project.
 ;
 (C)in subsection (b)
 (as so redesignated), by striking In general and inserting
 Program;
 (D)in subsection (c)
 (as so redesignated), by striking subsection (a) and inserting
 subsection (b); and
 (E)in subsection
 (d)(3) (as so redesignated), by striking subparagraph (D).
 (2)Sections
 703(a)(3) and 704 of the Energy Independence and Security Act of
 2007 (42 U.S.C. 17251(a)(3), 17252) are amended by striking
 section 963(c)(3) of the Energy Policy Act of 2005
 (42 U.S.C. 16293(c)(3)) each place it appears and inserting
 section 963(d)(3) of the Energy Policy Act of 2005
 (42 U.S.C. 16293(d)(3)).
 403.Loan
 guarantees for nuclear power and other innovative sourcesSection 20320(a) of the Continuing
 Appropriations Resolution, 2007 (42 U.S.C. 16515(a)) is amended by
 striking $4,000,000,000 and inserting
 $40,000,000,000.
 404.Nuclear energy
 workforceSection 1101 of the
 Energy Policy Act of 2005 (42 U.S.C. 16411) is
 amended—
 (1)in subsection
 (b)(1)—
 (A)in subparagraph
 (A), by striking and at the end;
 (B)in subparagraph
 (B), by striking the period and inserting ; and; and
 (C)by adding at the
 end the following:
 (C)nuclear utility
 and nuclear energy product and service
 industries.
 ;
 (2)by redesignating
 subsection (d) as subsection (e); and
 (3)by inserting
 after subsection (c) the following:
 (d)Workforce
 training
 (1)In
 generalThe Secretary of Labor, in cooperation with the
 Secretary, shall promulgate regulations to implement a program to provide
 grants to enhance workforce training for any occupation in the workforce of the
 nuclear utility and nuclear energy products and services industries for which a
 shortage is identified or predicted in the report under subsection
 (b)(2).
 (2)ConsultationIn
 carrying out this subsection, the Secretary of Labor shall consult with
 representatives of the nuclear utility and nuclear energy products and services
 industries, including organized labor organizations and multiemployer
 associations that jointly sponsor apprenticeship programs that provide training
 for skills needed in those industries.
 (3)Authorization
 of appropriationsThere are authorized to be appropriated to the
 Secretary of Labor, working in coordination with the Secretary and the
 Secretary of Education to carry out this subsection $20,000,000 for each of
 fiscal years 2012 through
 2016.
 .
 405. Interagency
 Working Group to promote domestic manufacturing base for nuclear components and
 equipment
 (a)PurposesThe
 purposes of this section are—
 (1)to increase the
 competitiveness of the United States nuclear energy products and services
 industries;
 (2)to identify the
 stimulus or incentives necessary to cause United States manufacturers of
 nuclear energy products to expand manufacturing capacity;
 (3)to facilitate the
 export of United States nuclear energy products and services;
 (4)to reduce the
 trade deficit of the United States through the export of United States nuclear
 energy products and services;
 (5)to retain and
 create nuclear energy manufacturing and related service jobs in the United
 States;
 (6)to integrate the
 objectives described in paragraphs (1) through (5), in a manner consistent with
 the interests of the United States, into the foreign policy of the United
 States; and
 (7)to authorize
 funds for increasing United States capacity to manufacture nuclear energy
 products and supply nuclear energy services.
 (b)Establishment
 (1)In
 generalThere is established an interagency working group
 (referred to in this section as the Working Group) that, in
 consultation with representative industry organizations and manufacturers of
 nuclear energy products, shall make recommendations to coordinate the actions
 and programs of the Federal Government in order to promote increasing domestic
 manufacturing capacity and export of domestic nuclear energy products and
 services.
 (2)CompositionThe
 Working Group shall be composed of—
 (A)the Secretary of
 Energy (or a designee), who shall serve as Chairperson of the Working Group;
 and
 (B)representatives
 of—
 (i)the
 Department of Energy;
 (ii)the Department
 of Commerce;
 (iii)the Department
 of Defense;
 (iv)the Department
 of Treasury;
 (v)the
 Department of State;
 (vi)the
 Environmental Protection Agency;
 (vii)the United
 States Agency for International Development;
 (viii)the
 Export-Import Bank of the United States;
 (ix)the Trade and
 Development Agency;
 (x)the
 Small Business Administration;
 (xi)the Office of
 the United States Trade Representative; and
 (xii)other Federal
 agencies, as determined by the President.
 (c)Duties of
 Working GroupThe Working Group shall—
 (1)not later than
 180 days after the date of enactment of this Act, identify the actions
 necessary to promote the safe development and application in foreign countries
 of nuclear energy products and services—
 (A)to increase
 electricity generation from nuclear energy sources through development of new
 generation facilities;
 (B)to improve the
 efficiency, safety, and reliability of existing nuclear generating facilities
 through modifications; and
 (C)enhance the safe
 treatment, handling, storage, and disposal of used nuclear fuel;
 (2)not later than
 180 days after the date of enactment of this Act, identify—
 (A)mechanisms
 (including tax stimuli for investment, loans and loan guarantees, and grants)
 necessary for United States companies to increase—
 (i)the
 capacity of the companies to produce or provide nuclear energy products and
 services; and
 (ii)exports of
 nuclear energy products and services; and
 (B)administrative or
 legislative initiatives that are necessary—
 (i)to
 encourage United States companies to increase the manufacturing capacity of the
 companies for nuclear energy products;
 (ii)to
 provide technical and financial assistance and support to small and mid-sized
 businesses to establish quality assurance programs in accordance with domestic
 and international nuclear quality assurance code requirements;
 (iii)to encourage,
 through financial incentives, private sector capital investment to expand
 manufacturing capacity; and
 (iv)to
 provide technical assistance and financial incentives to small and mid-sized
 businesses to develop the workforce necessary to increase manufacturing
 capacity and meet domestic and international nuclear quality assurance code
 requirements;
 (3)not later than
 270 days after the date of enactment of this Act, submit to Congress a report
 that describes the findings of the Working Group under paragraphs (1) and (2),
 including recommendations for new legislative authority, as necessary;
 and
 (4)encourage the
 agencies represented by membership in the Working Group—
 (A)to provide
 technical training and education for international development personnel and
 local users in other countries;
 (B)to provide
 financial and technical assistance to nonprofit institutions that support the
 marketing and export efforts of domestic companies that provide nuclear energy
 products and services;
 (C)to develop
 nuclear energy projects in foreign countries;
 (D)to provide
 technical assistance and training materials to loan officers of the World Bank,
 international lending institutions, commercial and energy attaches at embassies
 of the United States, and other appropriate personnel in order to provide
 information about nuclear energy products and services to foreign governments
 or other potential project sponsors;
 (E)to support,
 through financial incentives, private sector efforts to commercialize and
 export nuclear energy products and services in accordance with the subsidy
 codes of the World Trade Organization; and
 (F)to augment
 budgets for trade and development programs in order to support prefeasibility
 or feasibility studies for projects that use nuclear energy products and
 services.
 (d)Personnel and
 service mattersThe Secretary and the heads of agencies
 represented by membership in the Working Group shall detail such personnel and
 furnish such services to the Working Group, with or without reimbursement, as
 are necessary to carry out the functions of the Working Group.
 (e)Authorization
 of appropriationsThere is authorized to be appropriated to the
 Secretary to carry out this section $20,000,000 for each of fiscal years 2012
 through 2016.
 BTax
 provisions
 411.Seven-year
 amortization for certain systems installed on coal-fired electric generation
 units
 (a)In
 generalSubsection (d) of section 169 of the Internal Revenue
 Code of 1986 is amended by adding at the end the following new
 paragraph:
 (6)Special rule for
 systems installed on coal-fired electric generation units
 (A)In
 generalAny mechanical or electronic system—
 (i)which is installed on a coal-fired electric
 generation unit after the date of the enactment of this paragraph, and
 (ii)which reduces
 carbon dioxide emissions per net megawatt hour of electricity generation by 1
 or more of the means described in subparagraph (B) or any other means,
 shall
 be treated for purposes of this section as a new identifiable treatment
 facility which abates or controls atmospheric pollution or contamination by
 removing, altering, disposing, storing, or preventing the creation or emission
 of pollutants, contaminants, wastes, or heat. Paragraph (1)(C) of this
 subsection, and subsection (e), shall not apply to any system which is so
 treated.(B)Means for
 reducing emissionsThe means described in this subparagraph
 are—
 (i)optimizing
 combustion,
 (ii)optimizing
 sootblowing and heat transfer,
 (iii)upgrading steam
 temperature control capabilities,
 (iv)reducing exit gas
 temperatures (air heater modifications),
 (v)predrying low rank
 coals using power plant waste heat,
 (vi)modifying steam
 turbines or change the steam path/blading,
 (vii)replacing single
 speed motors with variable speed drives for fans and pumps, and
 (viii)improving
 operational controls, including neural networks.
 (C)Special rule for
 minimum taxSection 56(a)(5) shall not apply to property to which
 this paragraph
 applies.
 .
 (b)Effective
 dateThe amendment made by this section shall apply to property
 placed in service after the date of the enactment of this Act.
 412.Credit for
 carbon sequestration from coal facilities
 (a)In
 generalSubpart 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:
 48E.Qualifying
 carbon dioxide capture, transport, and storage equipment credit
 (a)General
 ruleFor purposes of section
 46, the qualifying carbon dioxide capture, transport, and storage equipment
 credit for any taxable year is an amount equal to 30 percent of the qualified
 investment for such taxable year.
 (b)Qualified
 investment
 (1)In
 generalFor purposes of
 subsection (a), the qualified investment for any taxable year is the basis of
 eligible carbon dioxide capture, transport, and storage property placed in
 service by the taxpayer during such taxable year which is part of a qualifying
 clean coal project—
 (A)(i)the construction, reconstruction, or
 erection of which is completed by the taxpayer, or
 (ii)which is acquired by the taxpayer
 if the original use of such property commences with the taxpayer, and
 (B)with respect to
 which depreciation (or amortization in lieu of depreciation) is
 allowable.
 (2)Special rule for
 certain subsidized propertyRules similar to section 48(a)(4) shall
 apply for purposes of this section.
 (3)Certain
 qualified progress expenditures rules made applicableRules 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.
 (c)DefinitionsFor
 purposes of this section—
 (1)Qualifying
 clean coal project
 (A)In
 generalThe term qualifying clean coal project means
 any project if such project—
 (i)uses—
 (I)gasification
 technology (as defined in section 48B(c)(2)), or
 (II)the processing
 of coal, biomass, or both
 to produce
 electricity, qualified transportation fuels, or substitute natural gas,
 and(ii)(I)is a new project which
 is designed to meet the requirements of subparagraphs (B), (C), and (D), as
 applicable, or
 (II)consists of retrofits to existing
 equipment such that the project meets the requirements of subparagraphs (B),
 (C), and (D), as applicable.
 (B)Requirements
 for electricity production
 (i)In
 generalIn the case of a qualifying clean coal project which is
 used to produce electricity, the project shall meet the emission requirement of
 clause (ii) and the carbon capture requirement of clause (iii).
 (ii)Emission
 requirementThe requirement of this clause is met if the project
 is designed—
 (I)to emit carbon
 dioxide at an average annual rate of less than 1,100 pounds per net megawatt
 hour of electrical generation, or
 (II)such that the
 carbon dioxide emissions of such project are no greater than half of the
 average carbon dioxide emissions for facilities producing electricity during
 2005 from the same coal rank as such project, as determined under regulations
 prescribed by the Secretary in consultation with the Secretary of Energy and
 the Administrator of the Environmental Protection Agency.
 (iii)Carbon
 capture requirementThe requirement of this clause is met—
 (I)if such unit is
 among the first 1,000 megawatts of electric generation units certified by the
 Secretary under subsection (e), to capture and sequester not less than 500,000
 metric tons per year of carbon dioxide,
 (II)if such unit is among the next 3,000
 megawatts of electric generation units certified by the Secretary under
 subsection (e), to capture and sequester not less than 1,000,000 metric tons
 per year of carbon dioxide, and
 (III)for any other
 unit, to capture and sequester not less than 2,000,000 metric tons per year of
 carbon dioxide.
 (C)Requirements
 for transportation fuels
 (i)In
 generalIn the case of any qualifying clean coal project which is
 used to produce qualified transportation fuels, such project shall be designed
 such that the cycle-wide carbon dioxide emissions for such fuels are no greater
 than half of the average cycle-wide carbon dioxide emissions for comparable
 products during 2005, as determined under regulations prescribed by the
 Secretary in consultation with the Secretary of Energy and the Administrator of
 the Environmental Protection Agency.
 (ii)Cycle-wide
 carbon dioxide emissionsFor purposes of this subparagraph, the
 term cycle-wide carbon dioxide emissions means the total emissions
 of carbon dioxide in production and consumption of a product.
 (iii)Comparable
 productsFor purposes of this subparagraph, the term
 comparable product means any transportation fuel derived from
 crude oil or coal.
 (D)Requirements
 for substitute natural gasIn the case of any qualifying clean
 coal project which is used to produce substitute natural gas, such project
 shall be designed such that the cycle-wide carbon dioxide emissions for such
 gas is no greater than half of the average cycle-wide carbon dioxide emissions
 for such gas during 2005, as determined under regulations prescribed by the
 Secretary in consultation with the Secretary of Energy and the Administrator of
 the Environmental Protection Agency. For purposes of this subparagraph, the
 term cycle-wide carbon dioxide emissions means the total emissions
 of carbon dioxide in production and consumption of a product.
 (2)Eligible carbon
 dioxide capture, transport, and storage propertyThe term
 eligible carbon dioxide capture, transport, and storage property
 means any property—
 (A)which is used to
 capture, transport, or store carbon dioxide emitted at a qualifying clean coal
 project, including equipment used to separate and pressurize carbon dioxide for
 transport (including equipment to operate such equipment),
 (B)(i)the construction,
 reconstruction, or erection of which is completed by the taxpayer, or
 (ii)which is acquired by the taxpayer
 if the original use of such property commences with the taxpayer, and
 (C)with respect to
 which depreciation (or amortization in lieu of depreciation) is
 allowable.
 (3)Qualified
 transportation fuelThe term qualified transportation
 fuel means any liquid fuel derived from the co-processing of coal and
 renewable biomass (as defined in section 9001(12) of the Food, Conservation,
 and Energy Act of 2008).
 (4)CoalThe term coal means bituminous
 coal, subbituminous coal, and lignite.
 (d)Aggregate
 credits
 (1)In
 generalNo credit shall be allowed under this section with
 respect to any qualifying clean coal project unless such project is certified
 by the Secretary under subsection (e).
 (2)Limitation on
 projects certifiedThe Secretary may certify under subsection (e)
 no more than—
 (A)20 projects
 described in subsection (c)(1)(A)(ii)(I), and
 (B)20 projects
 described in subsection (c)(1)(A)(ii)(II).
 (e)Certification
 (1)Certification
 processThe Secretary, in
 consultation with the Secretary of Energy and the Administrator of the
 Environmental Protection Agency, shall establish a certification process to
 determine if a project meets all criteria and other requirements to be
 recognized as a qualifying clean coal project.
 (2)Feedstock
 requirementsAfter the date
 of publication by the Secretary of the final certification process referred to
 in paragraph (1), the Secretary shall allocate the limitation in subsection
 (d)(2) in equal amounts among—
 (A)projects using
 bituminous coal as a primary feedstock,
 (B)projects using
 subbituminous coal as a primary feedstock, and
 (C)projects using
 lignite as a primary feedstock.
 (3)RedistributionThe Secretary may reallocate credits if the
 Secretary determines that there is an insufficient quantity of qualifying
 applications for certification, pending at the time of review, to comply with
 the feedstock requirements of paragraph (2). The Secretary may conduct an
 additional program for applications for certification and reallocate available
 credits without regard to the feedstock requirement which was not satisfied as
 a result of insufficient applications for certification.
 (4)Requirements for
 applications for certificationAn application for certification
 shall contain such information as the Secretary may require in order to make a
 determination to accept or reject the application and establish applicable
 credit entitlement. Any information contained in the application shall be
 protected as provided in section 552(b)(4) of title 5, United States
 Code.
 (f)Denial of double
 benefitNo credit shall be allowed under this section for any
 property for which credit is allowed under sections 48A, 48B, or
 48C.
 .
 (b)Conforming
 amendments
 (1)Section 46 of such Code (relating to amount
 of credit) is amended by striking and at the end of paragraph
 (5), by striking the period at the end of paragraph (6) and inserting ,
 and, and by adding at the end the following new paragraph:
 (7)the qualifying carbon dioxide capture,
 transport, and storage equipment
 credit.
 .
 (2)Subparagraph (C) of section 49(a)(1) of
 such Code is amended by striking and at the end of clause (v),
 by striking the period at the end of clause (vi) and inserting ,
 and, and by adding after clause (vi) the following new clause:
 (vii)the basis of any qualifying carbon dioxide
 capture, transport, and storage equipment under section
 48E.
 .
 (3)The table of sections for subpart E of part
 IV of subchapter A of chapter 1 of such Code is amended by inserting after the
 item relating to section 48D the following new item:
 Sec. 48E. Qualifying carbon dioxide capture, transport, and
 storage equipment
 credit.
 .
 (c)Effective
 dateThe amendments made by
 this section shall apply to periods 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).
 413.Modifications
 to credit for carbon dioxide sequestration
 (a)Credit allowed
 for uses other than tertiary injectants
 (1)In
 generalParagraph (2) of section 45Q(a) of the Internal Revenue
 Code of 1986 is amended to read as follows:
 (2)$10 per metric
 ton of qualified carbon dioxide which is—
 (A)captured by the
 taxpayer at a qualified facility, and
 (B)either—
 (i)used as a
 tertiary injectant in a qualified enhanced oil or natural gas recovery project
 and disposed of in secure geological storage, or
 (ii)converted to a
 stable form in which such carbon dioxide is securely and permanently
 sequestered and used for a beneficial economic
 purpose.
 .
 (2)Credit allowed
 for other secure storageSubparagraph (B) of section 45Q(a)(1) of
 such Code is amended—
 (A)by striking
 by the taxpayer each place it appears; and
 (B)by inserting
 or converted to a stable form in which it is securely and permanently
 sequestered after secure geological storage.
 (3)Securely and
 permanently sequesteredParagraph (2) of section 45Q(d) is
 amended—
 (A)by striking all
 that precedes in consultation with the Administrator and
 inserting the following:
 (2)Secure
 geological storage and permanent sequestration
 (A)Secure
 geological storageThe
 Secretary
 ;
 (B)by striking
 (2)(C) and inserting (2)(B)(i); and
 (C)by adding at the
 end the following new subparagraph:
 (B)Secure
 permanent sequestrationThe Secretary, in consultation with the
 Administrator of the Environmental Protection Agency, shall establish
 regulations for determining adequate security measures for the permanent
 sequestration of carbon dioxide for uses described in paragraph (1)(B) or
 (2)(B)(ii) of subsection (a) such that the carbon dioxide does not escape into
 the
 atmosphere.
 .
 (4)Conforming
 amendmentSubparagraph (B) of section 45Q(1) of such Code is
 amended by inserting or through secure and permanent
 sequestration after secure geological storage.
 (b)Modification to
 definition of qualified carbon dioxideSubparagraph (A) of
 section 45Q(b)(1) of the Internal Revenue Code of 1986 is amended by striking
 otherwise and inserting , but for the capture and
 sequestration or conversion to a stable form,.
 (c)Person entitled
 to credit
 (1)In
 generalParagraph (5) of section 45Q(d) of the Internal Revenue
 Code of 1986 is amended to read as follows:
 (5)Credit
 attributable to taxpayer
 (A)In
 generalExcept as provided in subparagraph (B), any credit under
 this section shall be attributable to the person that captures and physically
 or contractually ensures the disposal of or the use as a tertiary injectant of
 the qualified carbon dioxide.
 (B)Transfer of
 creditA taxpayer may transfer the credit under subsection (a) to
 the person responsible for disposing, converting, or using the qualified carbon
 dioxide. Such transfer shall only be effective if the taxpayer submits to the
 Secretary, at such time and in such manner as the Secretary prescribes, a
 statement concerning the transfer which contains—
 (i)the name,
 address, and taxpayer identification number of the taxpayer transferring the
 credit,
 (ii)the name,
 address, and taxpayer identification number of the taxpayer receiving the
 transfer, and
 (iii)such other
 information relating to such transfer as the Secretary may
 require.
 .
 (2)RulesNot
 later than 180 days after the date of the enactment of this Act, the Secretary
 of the Treasury shall prescribe rules relating to the transfer of credits under
 section 45Q of the Internal Revenue Code of 1986 pursuant to subparagraph (B)
 section 45Q(d)(5) of such Code, as added by paragraph (1).
 (d)Extension of
 credit
 (1)Credit allowed
 for 10-year credit periodParagraphs (1)(A) and (2)(A) of section
 45Q(a) of the Internal Revenue Code of 1986 are each amended by inserting
 during the 10-year period beginning on the date the carbon capture
 equipment described in subsection (c)(2) is placed in service before
 the comma at the end.
 (2)TerminationParagraph
 (2) of section 45Q(c) of such Code is amended by inserting by the
 taxpayer before January 1, 2018 before the comma at the end.
 (3)Conforming
 amendmentSection 45Q of such Code is amended by striking
 subsection (e).
 (e)Effective
 dateThe amendments made by this section shall apply to carbon
 dioxide captured after the date of the enactment of this Act.
 414.Clean energy
 coal bonds
 (a)In
 general
 (1)Treatment as
 tax credit bondsSubpart I of
 part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is
 amended by adding at the end the following new section:
 54G.Clean energy
 coal bonds
 (a)Clean energy
 coal bondFor purposes of this subchapter—
 (1)In
 generalThe term clean energy coal bond means any
 bond issued as part of an issue if—
 (A)the bond is
 issued by a qualified issuer pursuant to an allocation by the Secretary to such
 issuer of a portion of the national clean energy coal bond limitation under
 subsection (b)(2),
 (B)100 percent of
 the available project proceeds from the sale of such issue are to be used for
 capital expenditures incurred by qualified borrowers for 1 or more qualified
 projects,
 (C)the qualified
 issuer designates such bond for purposes of this section and the bond is in
 registered form, and
 (D)in lieu of the
 requirements of section 54A(d)(2), the issue meets the requirements of
 subsection (c).
 (2)Qualified
 project; special use rules
 (A)In
 generalThe term qualified project means a qualified
 clean coal project (as defined in subsection (f)(1)) placed in service by a
 qualified borrower.
 (B)Refinancing
 rulesFor purposes of paragraph (1)(B), a qualified project may
 be refinanced with proceeds of a clean energy coal bond only if the
 indebtedness being refinanced (including any obligation directly or indirectly
 refinanced by such indebtedness) was originally incurred by a qualified
 borrower after the date of the enactment of this section.
 (C)ReimbursementFor
 purposes of paragraph (1)(B), a clean energy coal bond may be issued to
 reimburse a qualified borrower for amounts paid after the date of the enactment
 of this section with respect to a qualified project, but only if—
 (i)prior to the
 payment of the original expenditure, the qualified borrower declared its intent
 to reimburse such expenditure with the proceeds of a clean energy coal
 bond,
 (ii)not later than
 60 days after payment of the original expenditure, the qualified issuer adopts
 an official intent to reimburse the original expenditure with such proceeds,
 and
 (iii)reimbursement
 is not made later than 18 months after the date the original expenditure is
 paid or the date the project is placed in service or abandoned, but in no event
 more than 3 years after the original expenditure is paid.
 (D)Treatment of
 changes in useFor purposes of paragraph (1)(B), the proceeds of
 an issue shall not be treated as used for a qualified project to the extent
 that a qualified borrower takes any action within its control which causes such
 proceeds not to be used for a qualified project. The Secretary shall prescribe
 regulations specifying remedial actions that may be taken (including conditions
 to taking such remedial actions) to prevent an action described in the
 preceding sentence from causing a bond to fail to be a clean energy coal
 bond.
 (b)Limitation on
 amount of bonds designated
 (1)National
 limitationThere is a national clean energy coal bond limitation
 of $5,000,000,000.
 (2)Allocation by
 SecretaryThe Secretary shall allocate the amount described in
 paragraph (1) among qualified projects in such manner as the Secretary
 determines appropriate.
 (c)Special rules
 relating to expenditures
 (1)In
 generalAn issue shall be treated as meeting the requirements of
 this subsection if, as of the date of issuance, the qualified issuer reasonably
 expects—
 (A)100 percent or
 more of the available project proceeds from the sale of the issue are to be
 spent for 1 or more qualified projects within the 5-year period beginning on
 the date of issuance of the clean energy bond,
 (B)a binding
 commitment with a third party to spend at least 10 percent of such available
 project proceeds from the sale of the issue will be incurred within the 6-month
 period beginning on the date of issuance of the clean energy bond or, in the
 case of a clean energy bond the available project proceeds of which are to be
 loaned to 2 or more qualified borrowers, such binding commitment will be
 incurred within the 6-month period beginning on the date of the loan of such
 proceeds to a qualified borrower, and
 (C)such projects
 will be completed with due diligence and the available project proceeds from
 the sale of the issue will be spent with due diligence.
 (2)Extension of
 periodUpon submission of a request prior to the expiration of
 the period described in paragraph (1)(A), the Secretary may extend such period
 if the qualified 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 yearsTo 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 qualified 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)Reduced credit
 amountThe annual credit determined under section 54A(b) with
 respect to any clean coal energy bond shall be 70 percent of the amount so
 determined without regard to this subsection.
 (e)Cooperative
 electric company; qualified energy tax credit bond lender; governmental body;
 qualified borrowerFor purposes of this section—
 (1)Cooperative
 electric companyThe term cooperative electric
 company means a mutual or cooperative electric company described in
 section 501(c)(12) or section 1381(a)(2)(C), or a not-for-profit electric
 utility which has received a loan or loan guarantee under the Rural
 Electrification Act.
 (2)Clean energy
 bond lenderThe term clean energy bond lender means
 a lender which is a cooperative which is owned by, or has outstanding loans to,
 100 or more cooperative electric companies and is in existence on February 1,
 2002, and shall include any affiliated entity which is controlled by such
 lender.
 (3)Public power
 entityThe term public power entity means a State
 utility with a service obligation, as such terms are defined in section 217 of
 the Federal Power Act (as in effect on the date of enactment of this
 paragraph).
 (4)Qualified
 issuerThe term qualified issuer means—
 (A)a clean energy
 bond lender,
 (B)a cooperative
 electric company, or
 (C)a public power
 entity.
 (5)Qualified
 borrowerThe term qualified borrower means—
 (A)a mutual or
 cooperative electric company described in section 501(c)(12) or 1381(a)(2)(C),
 or
 (B)a public power
 entity.
 (f)Special rules
 relating to pool bondsNo portion of a pooled financing bond may
 be allocable to any loan unless the borrower has entered into a written loan
 commitment for such portion prior to the issue date of such issue.
 (g)Other
 definitions and special rulesFor purposes of this
 section—
 (1)Qualified clean
 coal projectFor purposes of this section, the term
 qualified clean coal project means—
 (A)an atmospheric
 pollution control facility (within the meaning of section 169(d)(6)),
 (B)a qualifying
 clean coal project (within the meaning of section 48E(c)(1)), or
 (C)a qualified
 facility (within the meaning of section 45Q(c)).
 (2)Pooled
 financing bondThe term pooled financing bond shall
 have the meaning given such term by section
 149(f)(4)(A).
 .
 (2)Bonds not
 subject to maturity limitationParagraph (5) of section 54A(d) of
 such Code is amended by adding at the end the following new
 subparagraph:
 (C)Special rule
 for clean energy coal bondsThe requirements of this paragraph
 shall not apply to a clean energy coal bond under section
 54G.
 .
 (3)Conforming
 amendments
 (A)Paragraph (1) of
 section 54A(d) of the Internal Revenue Code of 1986 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 clean energy
 coal
 bond,
 .
 (B)The table of
 sections for subpart I of part IV of subchapter A of chapter 1 of the Internal
 Revenue Code of 1986 is amended by adding at the end the following new
 item:
 Sec. 54G. Clean energy coal
 bonds.
 .
 (b)Bonds treated
 as specified tax credit bonds
 (1)In
 generalSection 6431(f)(3)(A) of the Internal Revenue Code of
 1986 is amended by striking or at the end of clause (iii), by
 striking and at the end of clause (iv) and inserting
 or, and by adding at the end the following new clause:
 (v)a
 clean energy coal bond (as defined in section 54G),
 and
 .
 (2)Special
 ruleParagraph (2) of section 6431(f) of such Code is
 amended—
 (A)by striking
 clause (i) or (ii) and inserting clause (i), (ii), or
 (v); and
 (B)by striking the
 heading and inserting Special rule for certain bonds.
 (c)Effective
 dateThe amendments made by this section shall apply to bonds
 issued after the date of the enactment of this Act.
 415.New clean
 renewable energy bonds
 (a)In
 generalSubsection (c) of section 54C of the Internal Revenue
 Code of 1986 is amended by adding at the end the following new
 paragraph:
 (5)Second
 additional limitationSubject to paragraph (4), the national new
 clean renewable energy bond limitation shall be increased by $1,600,000,000.
 Such increase shall be allocated by the Secretary consistent with the rules of
 paragraphs (2) and
 (3).
 .
 (b)Effective
 dateThe amendment made by this section shall apply to
 allocations after December 31, 2010.
 416.Seven-year
 accelerated depreciation for new nuclear power facilities
 (a)In
 generalSubparagraph (C) of section 168(e)(3) of the Internal
 Revenue Code of 1986 (relating to 7-year property) is amended—
 (1)by striking
 and at the end of clause (iv);
 (2)by redesignating
 clause (v) as clause (vi); and
 (3)by inserting
 after clause (iv) the following new clause:
 (v)any qualified
 nuclear power facility the original use of which commences with the
 taxpayer.
 .
 (b)Qualified
 nuclear power facilitySection 168(e) of the Internal Revenue
 Code of 1986 is amended by adding at the end the following new
 paragraph:
 (9)Qualified
 nuclear power facilityThe 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, 2013, and
 (C)which is placed
 in service before January 1,
 2021.
 .
 (c)Conforming
 amendmentSection 168(e)(3)(E)(vii) of the Internal Revenue Code
 of 1986 is amended by inserting and not described in subparagraph (C)(v)
 of this paragraph after section 1245(a)(3).
 (d)Effective
 dateThe amendments made by this section shall apply to property
 placed in service in taxable years beginning after the date of enactment of
 this Act.
 417.Long term
 extension of renewable electricity production creditSubsection (d) of section 45 of the Internal
 Revenue Code of 1986 is amended—
 (1)by striking
 January 1, 2013 in paragraph (1) and inserting January 1,
 2017; and
 (2)by striking
 January 1, 2014 each place it appears in paragraphs (2), (3),
 (4), (6), (7), (9), and (11) and inserting January 1,
 2017.
 VDomestic energy
 deployment
 AClean energy
 financing
 501.PurposeThe purpose of this subtitle is to promote
 the domestic development and deployment of clean energy technologies required
 for the 21st century through the improvement of existing programs and the
 establishment of a self-sustaining Clean Energy Deployment Administration that
 will provide for an attractive investment environment through partnership with
 and support of the private capital market in order to promote access to
 affordable financing for accelerated and widespread deployment of—
 (1)clean energy
 technologies;
 (2)advanced or
 enabling energy infrastructure technologies;
 (3)energy efficiency
 technologies in residential, commercial, and industrial applications, including
 end-use efficiency in buildings; and
 (4)manufacturing
 technologies for any of the technologies or applications described in this
 section.
 502.DefinitionsIn this subtitle:
 (1)AdministrationThe
 term Administration means the Clean Energy Deployment
 Administration established by section 505.
 (2)AdministratorThe
 term Administrator means the Administrator of the
 Administration.
 (3)Advisory
 CouncilThe term Advisory Council means the Energy
 Technology Advisory Council of the Administration.
 (4)Breakthrough
 technologyThe term breakthrough technology means a
 clean energy technology that—
 (A)presents a
 significant opportunity to advance the goals developed under section 504, as
 assessed under the methodology established by the Advisory Council; but
 (B)has generally not
 been considered a commercially ready technology as a result of high perceived
 technology risk or other similar factors.
 (5)Clean energy
 technologyThe term clean energy technology means a
 technology related to the production, use, transmission, storage, control, or
 conservation of energy that will—
 (A)reduce the need
 for additional energy supplies by using existing energy supplies with greater
 efficiency or by transmitting, distributing, or transporting energy with
 greater effectiveness through the infrastructure of the United States;
 (B)diversify the
 sources of energy supply of the United States to strengthen energy security and
 to increase supplies with a favorable balance of environmental effects if the
 entire technology system is considered; or
 (C)contribute to a
 stabilization of atmospheric greenhouse gas concentrations through reduction,
 avoidance, or sequestration of energy-related emissions.
 (6)CostThe
 term cost has the meaning given the term in section 502 of the
 Federal Credit Reform Act of 1990
 (2 U.S.C. 661a).
 (7)Direct
 loanThe term direct loan has the meaning given the
 term in section 502 of the Federal Credit Reform Act of
 1990 (2 U.S.C. 661a).
 (8)FundThe
 term Fund means the Clean Energy Investment Fund established by
 section 503(a).
 (9)Loan
 guaranteeThe term loan guarantee has the meaning
 given the term in section 502 of the Federal Credit Reform Act of
 1990 (2 U.S.C. 661a).
 (10)National
 LaboratoryThe term National Laboratory has the
 meaning given the term in section 2 of the Energy Policy Act of
 2005 (42 U.S.C. 15801).
 (11)SecretaryThe
 term Secretary means the Secretary of Energy.
 (12)SecurityThe
 term security has the meaning given the term in section 2 of the
 Securities Act of 1933 (15 U.S.C. 77b).
 (13)StateThe
 term State means—
 (A)a State;
 (B)the District of
 Columbia;
 (C)the Commonwealth
 of Puerto Rico; and
 (D)any other
 territory or possession of the United States.
 (14)Technology
 riskThe term technology risk means the risks during
 construction or operation associated with the design, development, and
 deployment of clean energy technologies (including the cost, schedule,
 performance, reliability and maintenance, and accounting for the perceived
 risk), from the perspective of commercial lenders, that may be increased as a
 result of the absence of adequate historical construction, operating, or
 performance data from commercial applications of the technology.
 503.Improvements
 to existing programs
 (a)Clean Energy
 Investment Fund
 (1)EstablishmentThere
 is established in the Treasury of the United States a revolving fund, to be
 known as the Clean Energy Investment Fund, consisting of—
 (A)such amounts as
 have been appropriated for administrative expenses to carry out title XVII of
 the Energy Policy Act of 2005 (42 U.S.C. 16511 et
 seq.);
 (B)such amounts as
 are deposited in the Fund under this subtitle and amendments made by this
 subtitle; and
 (C)such sums as may
 be appropriated to supplement the Fund.
 (2)Expenditures
 from Fund
 (A)In
 generalNotwithstanding section 1705(e) of the Energy
 Policy Act of 2005 (42 U.S.C. 16516(e)), amounts in the Fund shall
 be available to the Secretary for obligation without fiscal year limitation, to
 remain available until expended.
 (B)Administrative
 expenses
 (i)FeesFees
 collected for administrative expenses shall be available without limitation to
 cover applicable expenses.
 (ii)FundTo
 the extent that administrative expenses are not reimbursed through fees, an
 amount not to exceed 1.5 percent of the amounts in the Fund as of the beginning
 of each fiscal year shall be available to pay the administrative expenses for
 the fiscal year necessary to carry out title XVII of the Energy
 Policy Act of 2005 (42 U.S.C. 16511 et seq.).
 (3)Transfers of
 amounts
 (A)In
 generalThe amounts required to be transferred to the Fund under
 this subsection shall be transferred at least monthly from the general fund of
 the Treasury to the Fund on the basis of estimates made by the Secretary of the
 Treasury.
 (B)Cash
 flowsCash flows associated with costs of the Fund described in
 section 502(5)(B) of the Federal Credit Reform Act of 1990
 (2 U.S.C. 661a(5)(B)) shall be transferred to appropriate credit
 accounts.
 (C)AdjustmentsProper
 adjustment shall be made in amounts subsequently transferred to the extent
 prior estimates were in excess of or less than the amounts required to be
 transferred.
 (b)Revisions to
 loan guarantee program authority
 (1)Definition of
 commercial technologySection 1701(1) of the Energy
 Policy Act of 2005 (42 U.S.C. 16511(1)) is amended by striking
 subparagraph (B) and inserting the following:
 (B)ExclusionThe
 term commercial technology does not include a technology if the
 sole use of the technology is in connection with—
 (i)a
 demonstration project; or
 (ii)a project for
 which the Secretary approved a loan
 guarantee.
 .
 (2)Specific
 appropriation or contributionSection 1702 of the
 Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by
 striking subsection (b) and inserting the following:
 (b)Specific
 appropriation or contribution
 (1)In
 generalNo guarantee shall be made unless sufficient amounts to
 account for the cost are available—
 (A)in unobligated
 balances within the Clean Energy Investment Fund established under section
 503(a) of the Fulfilling U.S. Energy
 Leadership Act of 2011;
 (B)as a payment from
 the borrower and the payment is deposited in the Clean Energy Investment Fund;
 or
 (C)in any
 combination of balances and payments described in subparagraphs (A) and (B),
 respectively.
 (2)LimitationThe
 source of payments received from a borrower under paragraph (1)(B) shall not be
 a loan or other debt obligation that is made or guaranteed by the Federal
 Government.
 (3)Relation to
 other lawsSection 504(b) of the Federal Credit Reform
 Act of 1990 (2 U.S.C. 661c(b)) shall not apply to a loan or loan
 guarantee under this
 section.
 .
 (3)SubrogationSection
 1702(g)(2) of the Energy Policy Act of 2005 (42 U.S.C.
 16512(g)(2)) is amended by striking subparagraphs (B) and (C) and inserting the
 following:
 (B)Superiority of
 rightsExcept as provided in subparagraph (C), the rights of the
 Secretary, with respect to any property acquired pursuant to a guarantee or
 related agreements, shall be superior to the rights of any other person with
 respect to the property.
 (C)Terms and
 conditionsA guarantee agreement shall include such detailed
 terms and conditions as the Secretary determines appropriate to—
 (i)protect the
 interests of the United States in the case of default;
 (ii)have available
 all the patents and technology necessary for any person selected, including the
 Secretary, to complete and operate the project;
 (iii)provide for
 sharing the proceeds received from the sale of project assets with other
 creditors or control the disposition of project assets if necessary to protect
 the interests of the United States in the case of default; and
 (iv)provide such
 lien priority in project assets as necessary to protect the interests of the
 United States in the case of a
 default.
 .
 (4)FeesSection
 1702(h) of the Energy Policy Act of 2005 (42 U.S.C. 16512(h)) is amended by
 striking paragraph (2) and inserting the following:
 (2)AvailabilityFees
 collected under this subsection shall—
 (A)be deposited by
 the Secretary in the Clean Energy Investment Fund established under section
 503(a) of the Fulfilling U.S. Energy
 Leadership Act of 2011; and
 (B)remain available
 to the Secretary for expenditure, without further appropriation or fiscal year
 limitation, for administrative expenses incurred in carrying out this
 title.
 (3)AdjustmentThe
 Secretary may adjust the amount or manner of collection of fees under this
 title as the Secretary determines is necessary to promote, to the maximum
 extent practicable, eligible projects under this title.
 (4)Excess
 feesOf the amount of a fee imposed on an applicant at the
 conditional commitment stage, 75 percent of the amount shall be refundable to
 the applicant if there is no financial close on the application, unless the
 Secretary determines that the administrative costs of the Department have
 exceeded the amount retained.
 (5)Credit
 reportIf, in the opinion of the Secretary, the credit rating of
 an applicant is not relevant to the determination of whether or not support
 will be provided and the applicant agrees to accept the credit rating assigned
 to the applicant by the Secretary, the Secretary may waive any requirement to
 provide a third-party credit
 report.
 .
 (5)ProcessingSection
 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is
 amended by adding at the end the following:
 (k)Accelerated
 reviewsTo the maximum extent practicable and consistent with
 sound business practices, the Secretary shall seek to conduct necessary reviews
 concurrently of an application for a loan guarantee under this title such that
 decisions as to whether to enter into a commitment on the application can be
 issued not later than 180 days after the date of submission of a completed
 application.
 .
 (6)Wage
 ratesSection 1705(c) of the Energy Policy Act of
 2005 (42 U.S.C. 16516(c)) is amended by striking support
 under this section and inserting support under this
 title.
 504.Energy
 technology deployment goals
 (a)GoalsNot
 later than 1 year after the date of enactment of this Act, the Secretary, after
 consultation with the Advisory Council, shall develop and publish for review
 and comment in the Federal Register near-, medium-, and long-term goals
 (including numerical performance targets at appropriate intervals to measure
 progress toward those goals) for the deployment of clean energy technologies
 through the credit support programs established by this subtitle (including an
 amendment made by this subtitle) to promote—
 (1)sufficient
 electric generating capacity using clean energy technologies to meet the energy
 needs of the United States;
 (2)clean energy
 technologies in vehicles and fuels that will substantially reduce the reliance
 of the United States on foreign sources of energy and insulate consumers from
 the volatility of world energy markets;
 (3)a domestic
 commercialization and manufacturing capacity that will establish the United
 States as a world leader in clean energy technologies across multiple
 sectors;
 (4)installation of
 sufficient infrastructure to allow for the cost-effective deployment of clean
 energy technologies appropriate to each region of the United States;
 (5)the
 transformation of the building stock of the United States to zero net energy
 consumption;
 (6)the recovery,
 use, and prevention of waste energy;
 (7)domestic
 manufacturing of clean energy technologies on a scale that is sufficient to
 achieve price parity with conventional energy sources;
 (8)domestic
 production of commodities and materials (such as steel, chemicals, polymers,
 and cement) using clean energy technologies so that the United States will
 become a world leader in environmentally sustainable production of the
 commodities and materials;
 (9)a robust,
 efficient, and interactive electricity transmission grid that will allow for
 the incorporation of clean energy technologies, distributed generation, smart
 grid functions, and demand-response in each regional electric grid;
 (10)sufficient
 availability of financial products to allow owners and users of residential,
 retail, commercial, and industrial buildings to make energy efficiency and
 distributed generation technology investments with reasonable payback periods;
 and
 (11)such other goals
 as the Secretary, in consultation with the Advisory Council, determines to be
 consistent with the purposes of this subtitle.
 (b)RevisionsThe
 Secretary shall revise the goals established under subsection (a), from time to
 time as appropriate, to account for advances in technology and changes in
 energy policy.
 505.Clean Energy
 Deployment Administration
 (a)Establishment
 (1)In
 generalThere is established in the Department of Energy an
 administration to be known as the Clean Energy Deployment Administration, under
 the direction of the Administrator and the Board of Directors.
 (2)Status
 (A)In
 generalThe Administration (including officers, employees, and
 agents of the Administration) shall not be responsible to, or subject to the
 authority, direction, or control of, any other officer, employee, or agent of
 the Department of Energy other than the Secretary, acting through the
 Administrator.
 (B)Exemption from
 reorganizationThe Administration shall be exempt from the
 reorganization authority provided under section 643 of the Department of Energy
 Organization Act (42 U.S.C. 7253).
 (C)Inspector
 generalSection 12 of the Inspector General Act of 1978 (5 U.S.C.
 App.) is amended—
 (i)in
 paragraph (1), by inserting the Administrator of the Clean Energy
 Deployment Administration; after Export-Import Bank;;
 and
 (ii)in
 paragraph (2), by inserting the Clean Energy Deployment
 Administration, after Export-Import Bank,.
 (3)Offices
 (A)Principal
 officeThe Administration shall—
 (i)maintain the
 principal office of the Administration in the District of Columbia; and
 (ii)for purposes of
 venue in civil actions, be considered to be a resident of the District of
 Columbia.
 (B)Other
 officesThe Administration may establish other offices in such
 other places as the Administration considers necessary or appropriate for the
 conduct of the business of the Administration.
 (b)Administrator
 (1)In
 generalThe Administrator shall be—
 (A)appointed by the
 President, with the advice and consent of the Senate, for a 5-year term;
 and
 (B)compensated at
 the annual rate of basic pay prescribed for level II of the Executive Schedule
 under section 5313 of title 5, United States Code.
 (2)DutiesThe
 Administrator shall—
 (A)serve as the
 Chief Executive Officer of the Administration and Chairman of the Board;
 (B)ensure
 that—
 (i)the
 Administration operates in a safe and sound manner, including maintenance of
 adequate capital and internal controls (consistent with section 404 of the
 Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262));
 (ii)the operations
 and activities of the Administration foster liquid, efficient, competitive, and
 resilient energy and energy efficiency finance markets;
 (iii)the
 Administration carries out the purposes of this subtitle only through
 activities that are authorized under and consistent with this subtitle;
 and
 (iv)the activities
 of the Administration and the manner in which the Administration is operated
 are consistent with the public interest;
 (C)develop policies
 and procedures for the Administration that will—
 (i)promote a
 self-sustaining portfolio of investments that will maximize the value of
 investments to effectively promote clean energy technologies;
 (ii)promote
 transparency and openness in Administration operations;
 (iii)afford the
 Administration with sufficient flexibility to meet the purposes of this
 subtitle;
 (iv)provide for the
 efficient processing of applications;
 (v)promote,
 consistent with the purposes of this Act, the participation of private
 financial institutions and other sources of private capital, on commercially
 reasonable terms, if and to the extent the capital is available; and
 (vi)promote the
 availability of financial products to small business through working with
 entities that have appropriate expertise extending credit or other relevant
 financial services to small companies developing clean energy technologies;
 and
 (D)with the
 concurrence of the Board, set expected loss reserves for the support provided
 by the Administration consistent with section 506(a)(1)(C).
 (c)Board of
 Directors
 (1)In
 generalThe Board of Directors of the Administration shall
 consist of—
 (A)the Secretary or
 the designee of the Secretary, who shall serve as an ex-officio voting member
 of the Board of Directors;
 (B)the
 Administrator, who shall serve as the Chairman of the Board of Directors;
 and
 (C)7 additional
 members who shall—
 (i)be
 appointed by the President, with the advice and consent of the Senate, for
 staggered 5-year terms; and
 (ii)have experience
 in banking or financial services relevant to the operations of the
 Administration, including individuals with substantial experience in the
 development of energy projects, the electricity generation sector, the
 transportation sector, the manufacturing sector, and the energy efficiency
 sector.
 (2)DutiesThe
 Board of Directors shall—
 (A)oversee the
 operations of the Administration and ensure industry best practices are
 followed in all financial transactions involving the Administration;
 (B)consult with the
 Administrator on the general policies and procedures of the Administration to
 ensure the interests of the taxpayers are protected;
 (C)ensure the
 portfolio of investments are consistent with purposes of this subtitle and with
 the long-term financial stability of the Administration;
 (D)ensure that the
 operations and activities of the Administration are consistent with the
 development of a robust private sector that can provide commercial loans or
 financing products; and
 (E)not serve on a
 full-time basis, except that the Board of Directors shall meet at least
 quarterly to review, as appropriate, applications for credit support and set
 policies and procedures as necessary.
 (3)RemovalAn
 appointed member of the Board of Directors may be removed from office by the
 President for good cause.
 (4)VacanciesAn
 appointed seat on the Board of Directors that becomes vacant shall be filled by
 appointment by the President, but only for the unexpired portion of the term of
 the vacating member.
 (5)Compensation of
 membersAn appointed member of the Board of Directors shall be
 compensated at a rate equal to the daily equivalent of the annual rate of basic
 pay prescribed for level III of the Executive Schedule under section 5314 of
 title 5, United States Code, for each day (including travel time) during which
 the member is engaged in the performance of the duties of the Board of
 Directors.
 (d)Energy
 Technology Advisory Council
 (1)In
 generalThe Administration shall have an Energy Technology
 Advisory Council consisting of—
 (A)5 members
 selected by the Secretary; and
 (B)3 members
 selected by the Board of Directors of the Administration.
 (2)QualificationsThe
 members of the Advisory Council shall—
 (A)have relevant
 scientific expertise; and
 (B)in the case of
 the members selected by the Secretary under paragraph (1)(A), include
 representatives of—
 (i)the
 academic community;
 (ii)the private
 research community;
 (iii)National
 Laboratories;
 (iv)the technology
 or project development community; and
 (v)the
 commercial energy financing and operations sector.
 (3)DutiesThe
 Advisory Council shall—
 (A)develop and
 publish for comment in the Federal Register a methodology for assessment of
 clean energy technologies that will allow the Administration to evaluate
 projects based on the progress likely to be achieved per-dollar invested in
 maximizing the attributes of the definition of clean energy technology, taking
 into account the extent to which support for a clean energy technology is
 likely to accrue subsequent benefits that are attributable to a commercial
 scale deployment taking place earlier than that which otherwise would have
 occurred without the support; and
 (B)advise on the
 technological approaches that should be supported by the Administration to meet
 the technology deployment goals established by the Secretary pursuant to
 section 504.
 (4)Term
 (A)In
 generalMembers of the Advisory Council shall have 5-year
 staggered terms, as determined by the Secretary and the Administrator.
 (B)ReappointmentA
 member of the Advisory Council may be reappointed.
 (5)CompensationA
 member of the Advisory Council, who is not otherwise compensated as a Federal
 employee, shall be compensated at a rate equal to the daily equivalent of the
 annual rate of basic pay prescribed for level IV of the Executive Schedule
 under section 5315 of title 5, United States Code, for each day (including
 travel time) during which the member is engaged in the performance of the
 duties of the Advisory Council.
 (e)Staff
 (1)In
 generalThe Administrator, in consultation with the Board of
 Directors, may—
 (A)appoint and
 terminate such officers, attorneys, employees, and agents as are necessary to
 carry out this subtitle; and
 (B)vest those
 personnel with such powers and duties as the Administrator may
 determine.
 (2)Direct hire
 authority
 (A)In
 generalNotwithstanding section 3304 and sections 3309 through
 3318 of title 5, United States Code, the Administrator may, on a determination
 that there is a severe shortage of candidates or a critical hiring need for
 particular positions, recruit and directly appoint highly qualified critical
 personnel with specialized knowledge important to the function of the
 Administration into the competitive service.
 (B)ExceptionThe
 authority granted under subparagraph (A) shall not apply to positions in the
 excepted service or the Senior Executive Service.
 (C)RequirementsIn
 exercising the authority granted under subparagraph (A), the Administrator
 shall ensure that any action taken by the Administrator—
 (i)is
 consistent with the merit principles of section 2301 of title 5, United States
 Code; and
 (ii)complies with
 the public notice requirements of section 3327 of title 5, United States
 Code.
 (D)Termination of
 effectivenessThe authority provided by this paragraph terminates
 effective on the date that is 2 years after the date of enactment of this
 Act.
 (3)Critical pay
 authority
 (A)In
 generalNotwithstanding section 5377 of title 5, United States
 Code, and without regard to the provisions of that title governing appointments
 in the competitive service or the Senior Executive Service and chapters 51 and
 53 of that title (relating to classification and pay rates), the Administrator
 may establish, fix the compensation of, and appoint individuals to critical
 positions needed to carry out the functions of the Administration, if the
 Administrator certifies that—
 (i)the
 positions require expertise of an extremely high level in a financial,
 technical, or scientific field;
 (ii)the
 Administration would not successfully accomplish an important mission without
 such an individual; and
 (iii)exercise of the
 authority is necessary to recruit an individual who is exceptionally well
 qualified for the position.
 (B)LimitationsThe
 authority granted under subparagraph (A) shall be subject to the following
 conditions:
 (i)The
 number of critical positions authorized by subparagraph (A) may not exceed 20
 at any one time in the Administration.
 (ii)The term of an
 appointment under subparagraph (A) may not exceed 4 years.
 (iii)An individual
 appointed under subparagraph (A) may not have been an Administration employee
 at any time during the 2-year period preceding the date of appointment.
 (iv)Total annual
 compensation for any individual appointed under subparagraph (A) may not exceed
 the highest total annual compensation payable at the rate determined under
 section 104 of title 3, United States Code.
 (v)An
 individual appointed under subparagraph (A) may not be considered to be an
 employee for purposes of subchapter II of chapter 75 of title 5, United States
 Code.
 (C)NotificationEach
 year, the Administrator shall submit to Congress a notification that lists each
 individual appointed under this paragraph.
 506.Administration
 functions
 (a)Operational
 units
 (1)Direct
 support
 (A)In
 generalThe Administration may issue direct loans, letters of
 credit, loan guarantees, insurance products, or such other credit enhancements
 (including through participation as a co-lender or a lending member of a
 syndication) as the Administrator considers appropriate to deploy clean energy
 technologies if the Administrator has determined that deployment of the
 technologies would benefit or be accelerated by the support.
 (B)Eligibility
 criteriaIn carrying out this paragraph and awarding credit
 support to projects, the Administrator shall account for—
 (i)how
 the technology rates based on an evaluation methodology established by the
 Advisory Council;
 (ii)how the project
 fits with the goals established under section 504; and
 (iii)the potential
 for the applicant to successfully complete the project.
 (C)Risk
 (i)Expected loan
 loss reserveThe Administrator shall establish an expected loan
 loss reserve to account for estimated losses attributable to activities under
 this section that is consistent with the purposes of—
 (I)developing
 breakthrough technologies to the point at which technology risk is largely
 mitigated;
 (II)achieving
 widespread deployment and advancing the commercial viability of clean energy
 technologies; and
 (III)advancing the
 goals established under section 504.
 (ii)Initial
 expected loan loss reserveUntil such time as the Administrator
 determines sufficient data exist to establish an expected loan loss reserve
 that is appropriate, the Administrator shall consider establishing an initial
 rate of 10 percent for the portfolio of investments under this subtitle.
 (iii)Portfolio
 investment approachThe Administration shall—
 (I)use a portfolio
 investment approach to mitigate risk and diversify investments across
 technologies;
 (II)to the maximum
 extent practicable and consistent with long-term self-sufficiency, weigh the
 portfolio of investments in projects to advance the goals established under
 section 504; and
 (III)consistent with
 the expected loan loss reserve established under this subparagraph, the
 purposes of this subtitle, and section 505(b)(2)(B), provide the maximum
 practicable percentage of support to promote breakthrough technologies.
 (iv)Loss rate
 review
 (I)In
 generalThe Board of Directors shall review on an annual basis
 the loss rates of the portfolio to determine the adequacy of the
 reserves.
 (II)ReportNot
 later than 90 days after the date of the initiation of the review, the
 Administrator 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 describing the results of the review and any
 recommended policy changes.
 (D)Application
 review
 (i)In
 generalTo the maximum extent practicable and consistent with
 sound business practices, the Administration shall seek to consolidate reviews
 of applications for credit support under this subtitle such that final
 decisions on applications can generally be issued not later than 180 days after
 the date of submission of a completed application.
 (ii)Environmental
 reviewIn carrying out this subtitle, the Administration shall,
 to the maximum extent practicable—
 (I)avoid duplicating
 efforts that have already been undertaken by other agencies (including State
 agencies acting under Federal programs); and
 (II)with the advice
 of the Council on Environmental Quality and any other applicable agencies, use
 the administrative records of similar reviews conducted throughout the
 executive branch to develop the most expeditious review process
 practicable.
 (E)Wage rate
 requirements
 (i)In
 generalNo credit support shall be issued under this section
 unless the borrower has provided to the Administrator reasonable assurances
 that all laborers and mechanics employed by contractors and subcontractors in
 the performance of construction work financed in whole or in part by the
 Administration will be paid wages at rates not less than those prevailing on
 projects of a character similar to the contract work in the civil subdivision
 of the State in which the contract work is to be performed as determined by the
 Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of
 subtitle II of title 40, United States Code.
 (ii)Labor
 standardsWith respect to the labor standards specified in this
 section, the Secretary of Labor shall have the authority and functions set
 forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
 and section 3145 of title 40, United States Code.
 (2)Indirect
 support
 (A)In
 generalThe Administration shall work to develop financial
 products and arrangements to both promote the widespread deployment of, and
 mobilize private sector support of credit and investment institutions for,
 clean energy technologies by facilitating aggregation of small projects and by
 providing indirect credit support, including credit enhancement.
 (B)Financial
 productsThe Administration—
 (i)in
 cooperation with Federal, State, local, and private sector entities, shall
 develop debt instruments that provide for the aggregation of, or directly
 aggregate, projects for clean energy technology deployments on a scale
 appropriate for residential or commercial applications; and
 (ii)may insure,
 purchase, and make commitments to purchase, any debt instrument associated with
 the deployment of clean energy technologies (including instruments secured by
 liens or other collateral related to the funding of clean energy technology)
 for the purposes of enhancing the availability of private financing for clean
 energy technology deployments.
 (C)Disposition of
 debt or interestThe Administration may acquire, hold, and sell
 or otherwise dispose of, pursuant to commitments or otherwise, any debt
 associated with the deployment of clean energy technologies or interest in the
 debt.
 (D)Pricing
 (i)In
 generalThe Administrator may establish requirements, and impose
 charges or fees, which may be regarded as elements of pricing, for different
 classes of sellers, servicers, or services.
 (ii)Classification
 of sellers and servicersFor the purpose of clause (i), the
 Administrator may classify sellers and servicers as necessary to promote
 transparency and liquidity and properly characterize the risk of
 default.
 (E)EligibilityThe
 Administrator shall establish—
 (i)eligibility
 criteria for loan originators, sellers, and servicers seeking support for
 portfolios of financial obligations relating to clean energy technologies so as
 to ensure the capability of the loan originators, sellers, and servicers to
 perform the functions required to maintain the expected performance of the
 portfolios; and
 (ii)such criteria,
 standards, guidelines, and mechanisms such that, to the maximum extent
 practicable, loan originators and sellers will be able to determine the
 eligibility of loans for resale at the time of initial lending.
 (F)Secondary
 market support
 (i)In
 generalThe Administration may lend on the security of, and make
 commitments to lend on the security of, any debt that the Administration has
 issued or is authorized to purchase under this section.
 (ii)Authorized
 actionsOn such terms and conditions as the Administrator may
 prescribe, the Administration may, based on the debt and with the concurrence
 of the Board of Directors—
 (I)give security or
 guarantee;
 (II)pay interest or
 other return; and
 (III)issue notes,
 debentures, bonds, or other obligations or securities.
 (G)Lending
 activities
 (i)In
 generalThe Administrator shall determine—
 (I)the volume of the
 lending activities of the Administration; and
 (II)the types of
 loan ratios, risk profiles, interest rates, maturities, and charges or fees in
 the secondary market operations of the Administration.
 (ii)ObjectivesDeterminations
 under clause (i) shall be consistent with the objectives of—
 (I)providing an
 attractive investment environment for clean energy technologies;
 (II)making the
 operations of the Administration self-supporting over the long term; and
 (III)advancing the
 goals established under section 504.
 (H)Exempt
 securitiesAll securities issued or guaranteed by the
 Administration shall, to the same extent as securities that are direct
 obligations of or obligations guaranteed as to principal or interest by the
 United States, be considered to be exempt securities within the meaning of the
 laws administered by the Securities and Exchange Commission.
 (b)Other
 authorized programs
 (1)In
 generalThe Secretary may delegate to the Administration the
 provision of financial services and program management for grant, loan, and
 other credit enhancement programs authorized under any other provision of
 law.
 (2)AdministrationIn
 administering any other program delegated by the Secretary, the Administration
 shall, to the maximum extent practicable (as determined by the
 Administrator)—
 (A)administer the
 program in a manner that is consistent with the terms and conditions of this
 subtitle; and
 (B)minimize the
 administrative costs to the Federal Government.
 507.Federal Credit
 Authority
 (a)Transfer of
 functions and authority
 (1)In
 generalSubject to paragraph (2), on a finding by the Secretary
 and the Administrator that the Administration is sufficiently ready to assume
 the functions and that applicants to those programs will not be unduly
 adversely affected but in no case later than 18 months after the date of
 enactment of this Act, all of the functions and authority of the Secretary
 under title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) and
 authorities established by this subtitle shall be transferred to the
 Administration.
 (2)Failure to
 transfer functionsIf the functions and authorities are not
 transferred to the Administration in accordance with paragraph (1), the
 Secretary and the Administrator shall submit to Congress a report on the
 reasons for delay and an expected timetable for transfer of the functions and
 authorities to the Administration.
 (3)Effect on
 existing rights and obligationsThe transfer of functions and
 authority under this subsection shall not affect the rights and obligations of
 any party that arise under a predecessor program or authority prior to the
 transfer under this subsection.
 (4)Transfer of
 fund authority
 (A)In
 generalOn transfer of functions pursuant to paragraph (1), the
 Administration shall have all authorities to make use of the Fund reserved for
 the Secretary before the transfer.
 (B)Administrative
 expensesEffective beginning on the date of enactment of this
 Act, the Administrator may make use of up to 1.5 percent of the amounts in the
 Fund as of the beginning of each fiscal year to pay administrative expenses for
 that fiscal year to carry out the purposes of this Act.
 (5)Use
 (A)In
 generalAmounts in the Fund shall be available for discharge of
 liabilities and all other expenses of the Administration, including subsequent
 transfer to the respective credit accounts.
 (B)LiabilityAll
 activities of the Administration that could result in a liability for the
 United States shall be transparently accounted for and no obligation or
 liability may be incurred unless—
 (i)the
 appropriate amounts are transferred to credit accounts for activities pursuant
 to the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); or
 (ii)sufficient
 amounts are reserved within the Fund to account for such liabilities.
 (6)Initial
 investment
 (A)In
 generalOn transfer of functions pursuant to paragraph (1), out
 of any funds in the Treasury not otherwise appropriated, the Secretary of the
 Treasury shall transfer to the Fund to carry out this subtitle $10,000,000,000,
 to remain available until expended.
 (B)Receipt and
 acceptanceThe Fund shall be entitled to receive and shall
 accept, and shall be used to carry out this subtitle, the funds transferred to
 the Fund under subparagraph (A), without further appropriation.
 (7)Authorization
 of appropriationsIn addition to funds made available by
 paragraphs (1) through (6), there are authorized to be appropriated to the Fund
 such sums as are necessary to carry out this subtitle.
 (b)Payments of
 liabilities
 (1)In
 generalAny payment to discharge liabilities arising from
 agreements under this subtitle shall be made exclusively out of the Fund or the
 associated credit account, as appropriate.
 (2)SecuritySubject
 to paragraph (1), the full faith and credit of the United States is pledged to
 the payment of all obligations entered into by the Administration pursuant to
 this subtitle.
 (c)Fees
 (1)In
 generalConsistent with achieving the purposes of this subtitle,
 the Administrator shall charge fees or collect compensation generally in
 accordance with commercial rates.
 (2)Availability of
 feesAll fees collected by the Administration may be retained by
 the Administration and placed in the Fund and may remain available to the
 Administration, without further appropriation or fiscal year limitation, for
 use in carrying out the purposes of this subtitle.
 (3)Breakthrough
 technologiesThe Administration shall charge the minimum amount
 in fees or compensation practicable for breakthrough technologies, consistent
 with the long-term viability of the Administration, unless the Administration
 first determines that a higher charge will not impede the development of the
 technology.
 (4)Alternative fee
 arrangementsThe Administration may use such alternative
 arrangements (such as profit participation, contingent fees, and other valuable
 contingent interests) as the Administration considers appropriate to compensate
 the Administration for the expenses of the Administration and the risk inherent
 in the support of the Administration.
 (d)Cost transfer
 authorityAmounts collected by the Administration for the cost of
 a loan or loan guarantee shall be transferred by the Administration to the
 respective credit program accounts.
 (e)Supplemental
 Borrowing AuthorityIn order to maintain sufficient liquidity for
 activities authorized under section 506(a)(2), the Administration may issue
 notes, debentures, bonds, or other obligations for purchase by the Secretary of
 the Treasury.
 (f)Public debt
 transactionsFor the purpose of subsection (e)—
 (1)the Secretary of
 the Treasury may use as a public debt transaction the proceeds of the sale of
 any securities issued under chapter 31 of title 31, United States Code;
 and
 (2)the purposes for
 which securities may be issued under that chapter are extended to include any
 purchase under this subsection.
 (g)Maximum
 outstanding holdingThe Secretary of the Treasury shall purchase
 instruments issued under subsection (e) to the extent that the purchase would
 not increase the aggregate principal amount of the outstanding holdings of
 obligations under subsection (e) by the Secretary of the Treasury to an amount
 that is greater than $2,000,000,000.
 (h)Rate of
 returnEach purchase of obligations by the Secretary of the
 Treasury under this section shall be on terms and conditions established to
 yield a rate of return determined by the Secretary of the Treasury to be
 appropriate, taking into account the current average rate on outstanding
 marketable obligations of the United States as of the last day of the month
 preceding the purchase.
 (i)Sale of
 obligationsThe Secretary of the Treasury may at any time sell,
 on terms and conditions and at prices determined by the Secretary of the
 Treasury, any of the obligations acquired by the Secretary of the Treasury
 under this section.
 (j)Public debt
 transactionsAll redemptions, purchases, and sales by the
 Secretary of the Treasury of obligations under this section shall be treated as
 public debt transactions of the United States.
 508.General
 provisions
 (a)Immunity from
 impairment, limitation, or restriction
 (1)In
 generalAll rights and remedies of the Administration (including
 any rights and remedies of the Administration on, under, or with respect to any
 mortgage or any obligation secured by a mortgage) shall be immune from
 impairment, limitation, or restriction by or under—
 (A)any law (other
 than a law enacted by Congress expressly in limitation of this paragraph) that
 becomes effective after the acquisition by the Administration of the subject or
 property on, under, or with respect to which the right or remedy arises or
 exists or would so arise or exist in the absence of the law; or
 (B)any
 administrative or other action that becomes effective after the
 acquisition.
 (2)State
 lawThe Administrator may conduct the business of the
 Administration without regard to any qualification or law of any State relating
 to incorporation.
 (b)Use of other
 agenciesWith the consent of a department, establishment, or
 instrumentality (including any field office), the Administration may—
 (1)use and act
 through any department, establishment, or instrumentality; or
 (2)use, and pay
 compensation for, information, services, facilities, and personnel of the
 department, establishment, or instrumentality.
 (c)ProcurementThe
 Administrator shall be the senior procurement officer for the Administration
 for purposes of section 16(a) of the Office of Federal Procurement Policy Act
 (41 U.S.C. 414(a)).
 (d)Financial
 matters
 (1)InvestmentsFunds
 of the Administration may be invested in such investments as the Board of
 Directors may prescribe.
 (2)Fiscal
 agentsAny Federal Reserve bank or any bank as to which at the
 time of the designation of the bank by the Administrator there is outstanding a
 designation by the Secretary of the Treasury as a general or other depository
 of public money, may be designated by the Administrator as a depositary or
 custodian or as a fiscal or other agent of the Administration.
 (e)JurisdictionNotwithstanding
 section 1349 of title 28, United States Code, or any other provision of
 law—
 (1)the
 Administration shall be considered a corporation covered by sections 1345 and
 1442 of title 28, United States Code;
 (2)all civil actions
 to which the Administration is a party shall be considered to arise under the
 laws of the United States, and the district courts of the United States shall
 have original jurisdiction of all such actions, without regard to amount or
 value; and
 (3)any civil or
 other action, case or controversy in a court of a State, or in any court other
 than a district court of the United States, to which the Administration is a
 party may at any time before trial be removed by the Administration, without
 the giving of any bond or security and by following any procedure for removal
 of causes in effect at the time of the removal—
 (A)to the district
 court of the United States for the district and division embracing the place in
 which the same is pending; or
 (B)if there is no
 such district court, to the district court of the United States for the
 district in which the principal office of the Administration is located.
 (f)Periodic
 reportsNot later than 1 year after commencement of operation of
 the Administration and at least biannually thereafter, the Administrator 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 that
 includes a description of—
 (1)the technologies
 supported by activities of the Administration and how the activities advance
 the purposes of this subtitle; and
 (2)the performance
 of the Administration on meeting the goals established under section
 504.
 (g)Audits by the
 Comptroller General
 (1)In
 generalThe programs, activities, receipts, expenditures, and
 financial transactions of the Administration shall be subject to audit by the
 Comptroller General of the United States under such rules and regulations as
 may be prescribed by the Comptroller General.
 (2)AccessThe
 representatives of the Government Accountability Office shall—
 (A)have access to
 the personnel and to all books, accounts, documents, records (including
 electronic records), reports, files, and all other papers, automated data,
 things, or property belonging to, under the control of, or in use by the
 Administration, or any agent, representative, attorney, advisor, or consultant
 retained by the Administration, and necessary to facilitate the audit;
 (B)be afforded full
 facilities for verifying transactions with the balances or securities held by
 depositories, fiscal agents, and custodians;
 (C)be authorized to
 obtain and duplicate any such books, accounts, documents, records, working
 papers, automated data and files, or other information relevant to the audit
 without cost to the Comptroller General; and
 (D)have the right of
 access of the Comptroller General to such information pursuant to section
 716(c) of title 31, United States Code.
 (3)Assistance and
 cost
 (A)In
 generalFor the purpose of conducting an audit under this
 subsection, the Comptroller General may, in the discretion of the Comptroller
 General, employ by contract, without regard to section 3709 of the Revised
 Statutes (41 U.S.C. 5), professional services of firms and organizations of
 certified public accountants for temporary periods or for special
 purposes.
 (B)Reimbursement
 (i)In
 generalOn the request of the Comptroller General, the
 Administration shall reimburse the General Accountability Office for the full
 cost of any audit conducted by the Comptroller General under this
 subsection.
 (ii)CreditingSuch
 reimbursements shall—
 (I)be credited to
 the appropriation account entitled Salaries and Expenses, Government
 Accountability Office at the time at which the payment is received;
 and
 (II)remain available
 until expended.
 (h)Annual
 independent audits
 (1)In
 generalThe Administrator shall—
 (A)have an annual
 independent audit made of the financial statements of the Administration by an
 independent public accountant in accordance with generally accepted auditing
 standards; and
 (B)submit to the
 Secretary the results of the audit.
 (2)ContentIn
 conducting an audit under this subsection, the independent public accountant
 shall determine and report on whether the financial statements of the
 Administration—
 (A)are presented
 fairly in accordance with generally accepted accounting principles; and
 (B)comply with any
 disclosure requirements imposed under this subtitle.
 (i)Financial
 reports
 (1)In
 generalThe Administrator shall submit to the Secretary annual
 and quarterly reports of the financial condition and operations of the
 Administration, which shall be in such form, contain such information, and be
 submitted on such dates as the Secretary shall require.
 (2)Contents of
 annual reportsEach annual report shall include—
 (A)financial
 statements prepared in accordance with generally accepted accounting
 principles;
 (B)any supplemental
 information or alternative presentation that the Secretary may require;
 and
 (C)an assessment (as
 of the end of the most recent fiscal year of the Administration), signed by the
 chief executive officer and chief accounting or financial officer of the
 Administration, of—
 (i)the
 effectiveness of the internal control structure and procedures of the
 Administration; and
 (ii)the compliance
 of the Administration with applicable safety and soundness laws.
 (3)Special
 reportsThe Secretary may require the Administrator to submit
 other reports on the condition (including financial condition), management,
 activities, or operations of the Administration, as the Secretary considers
 appropriate.
 (4)AccuracyEach
 report of financial condition shall contain a declaration by the Administrator
 or any other officer designated by the Board of Directors of the Administration
 to make the declaration, that the report is true and correct to the best of the
 knowledge and belief of the officer.
 (5)Availability of
 reportsReports required under this section shall be published
 and made publicly available as soon as is practicable after receipt by the
 Secretary.
 (j)Scope and
 termination of authority
 (1)New
 obligationsThe Administrator shall not initiate any new
 obligations under this subtitle on or after January 1, 2029.
 (2)Reversion to
 SecretaryThe authorities and obligations of the Administration
 shall revert to the Secretary on January 1, 2029.
 BTax
 provisions
 511.Advanced
 energy manufacturing credit
 (a)In
 generalSubsection (d) of
 section 48C of the Internal Revenue Code of 1986 is amended by adding at the
 end the following new paragraph:
 (6)Additional 2011
 allocations
 (A)In
 generalNot later than 180 days after the date of the enactment
 of this paragraph, the Secretary, in consultation with the Secretary of Energy,
 shall establish a program to consider and award certifications for qualified
 investments eligible for credits under this section to qualifying advanced
 energy project sponsors with respect to applications received on or after the
 date of the enactment of this paragraph.
 (B)LimitationThe
 total amount of credits that may be allocated under the program described in
 subparagraph (A) shall not exceed the 2011 allocation amount reduced by so much
 of the 2011 allocation amount as is taken into account as an increase in the
 limitation described in paragraph (1)(B).
 (C)Application of
 certain rulesRules similar to the rules of paragraphs (2), (3),
 (4), and (5) shall apply for purposes of the program described in subparagraph
 (A), except that—
 (i)CertificationApplicants
 shall have 2 years from the date that the Secretary establishes such program to
 submit applications.
 (ii)Selection
 criteriaFor purposes of paragraph (3)(B)(i), the term
 domestic job creation (both direct and indirect) means the
 creation of direct jobs in the United States producing the property
 manufactured at the manufacturing facility described under subsection
 (c)(1)(A)(i), and the creation of indirect jobs in the manufacturing supply
 chain for such property in the United States.
 (iii)Review and
 redistributionThe Secretary shall conduct a separate review and
 redistribution under paragraph (5) with respect to such program not later than
 4 years after the date of the enactment of this paragraph.
 (D)2011 allocation
 amountFor purposes of this subsection, the term 2011
 allocation amount means $5,000,000,000.
 (E)Direct
 paymentsIn lieu of any qualifying advanced energy project credit
 which would otherwise be determined under this section with respect to an
 allocation to a taxpayer under this paragraph, the Secretary shall, upon the
 election of the taxpayer, make a grant to the taxpayer in the amount of such
 credit as so determined. Rules similar to the rules of section 50 shall apply
 with respect to any grant made under this
 subparagraph.
 .
 (b)Portion of 2011
 allocation allocated toward pending applications under original
 programSubparagraph (B) of section 48C(d)(1) of such Code is
 amended by inserting (increased by so much of the 2011 allocation amount
 (not in excess of $1,500,000,000) as the Secretary determines necessary to make
 allocations to qualified investments with respect to which qualifying
 applications were submitted before the date of the enactment of paragraph
 (6)) after $2,300,000,000.
 (c)Conforming
 amendmentParagraph (2) of
 section 1324(b) of title 31, United States Code, is amended by inserting
 48C(d)(6)(E), after 36C,.
 512.Special rule
 for sales of electric transmission propertyParagraph (3) of section 451(i) of the
 Internal Revenue Code of 1986 is amended by striking January 1,
 2012 and inserting January 1, 2017.
 513.Depreciation
 of natural gas distribution lines
 (a)In
 generalClause (viii) of section 168(e)(3)(E) of the Internal
 Revenue Code of 1986 is amended by striking January 1, 2011 and
 inserting January 1, 2017.
 (b)Effective
 dateThe amendment made by this section shall apply to property
 placed in service after December 31, 2010.
 514.Credit for steel
 industry fuel
 (a)Credit
 period
 (1)In
 generalSubclause (II) of
 section 45(e)(8)(D)(ii) is amended to read as follows:
 (II)Credit
 periodIn lieu of the 10-year
 period referred to in clauses (i) and (ii)(II) of subparagraph (A), the credit
 period shall be the period beginning on the date that the facility first
 produces steel industry fuel that is sold to an unrelated person after
 September 30, 2008, and ending 3 years after such
 date.
 .
 (2)Conforming
 amendmentSection 45(e)(8)(D)
 is amended by striking clause (iii) and by redesignating clause (iv) as clause
 (iii).
 (b)Extension of
 placed-in-Service dateSubparagraph (A) of section 45(d)(8) is
 amended—
 (1)by striking (or any modification to
 a facility); and
 (2)by striking 2010 and
 inserting 2017.
 (c)Clarifications
 (1)Steel industry
 fuelSubclause (I) of section
 45(c)(7)(C)(i) is amended by inserting , a blend of coal and petroleum
 coke, or other coke feedstock after on coal.
 (2)Ownership
 interestSection 45(d)(8) is
 amended by adding at the end the following new flush sentence:
 With
 respect to a facility producing steel industry fuel, no person (including a
 ground lessor, customer, supplier, or technology licensor) shall be treated as
 having an ownership interest in the facility or as otherwise entitled to the
 credit allowable under subsection (a) with respect to such facility if such
 person’s rent, license fee, or other entitlement to net payments from the owner
 of such facility is measured by a fixed dollar amount or a fixed amount per
 ton, or otherwise determined without regard to the profit or loss of such
 facility..
 (3)Production and
 saleSubparagraph (D) of section 45(e)(8), as amended by
 subsection (a)(2), is amended by redesignating clause (iii) as clause (iv) and
 by inserting after clause (ii) the following new clause:
 (iii)Production and
 saleThe owner of a facility producing steel industry fuel shall
 be treated as producing and selling steel industry fuel where that owner
 manufactures such steel industry fuel from coal, a blend of coal and petroleum
 coke, or other coke feedstock to which it has title. The sale of such steel
 industry fuel by the owner of the facility to a person who is not the owner of
 the facility shall not fail to qualify as a sale to an unrelated person solely
 because such purchaser may also be a ground lessor, supplier, or
 customer.
 .
 (d)Specified credit
 for purposes of alternative minimum tax exclusionSubclause (II) of section 38(c)(4)(B)(iii)
 is amended by inserting (in the case of a refined coal production
 facility producing steel industry fuel, during the credit period set forth in
 section 45(e)(8)(D)(ii)(II)) after service.
 (e)Effective
 dates
 (1)In
 generalThe amendments made
 by subsections (a), (b), and (d) shall apply to fuel produced and sold after
 December 31, 2009.
 (2)ClarificationsThe amendments made by subsection (c) shall
 take effect as if included in the amendments made by the Energy Improvement and
 Extension Act of 2008.
 515.Credit for
 producing fuel from coke or coke gas
 (a)In
 generalParagraph (1) of section 45K(g) is amended by striking
 January 1, 2010 and inserting January 1,
 2017.
 (b)Effective
 dateThe amendment made by this section shall apply to facilities
 placed in service after December 31, 2009.
 VIEnergy
 efficiency
 ARural energy
 savings program
 601.Rural energy
 savings programTitle IX of
 the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is
 amended by adding the following:
 9014.Rural energy
 savings program
 (a)PurposeThe purpose of this section is to create
 and save jobs by providing loans to qualified consumers that will use the loan
 proceeds to implement energy efficiency measures to achieve significant
 reductions in energy costs, energy consumption, or carbon emissions.
 (b)DefinitionsIn
 this section:
 (1)Eligible
 entityThe term eligible entity means—
 (A)any public power
 district, public utility district, or similar entity, or any electric
 cooperative described in sections 501(c)(12) or 1381(a)(2)(C) of the Internal
 Revenue Code of 1986, that borrowed and repaid, prepaid, or is paying an
 electric loan made or guaranteed by the Rural Utilities Service (or any
 predecessor agency); or
 (B)any entity
 primarily owned or controlled by an entity or entities described in
 subparagraph (A).
 (2)Energy
 efficiency measuresThe term
 energy efficiency measures means, for or at property served by an
 eligible entity, structural improvements and investments in cost-effective,
 commercial off-the-shelf technologies to reduce home energy use.
 (3)Qualified
 consumerThe term qualified consumer means a
 consumer served by an eligible entity that has the ability to repay a loan made
 under subsection (d), as determined by an eligible entity.
 (4)Qualified
 entityThe term
 qualified entity means a non-governmental, not-for-profit
 organization that the Secretary determines has significant experience, on a
 national basis, in providing eligible entities with—
 (A)energy,
 environmental, energy efficiency, and information research and
 technology;
 (B)training,
 education, and consulting;
 (C)guidance in energy
 and operational issues and rural community and economic development;
 (D)advice in legal
 and regulatory matters affecting electric service and the environment;
 and
 (E)other relevant
 assistance.
 (5)SecretaryThe term Secretary means the
 Secretary of Agriculture, acting through the Rural Utilities Service.
 (c)Loans and grants
 to eligible entities
 (1)Loans
 authorizedSubject to
 paragraph (2), the Secretary shall make loans to eligible entities that agree
 to use the loan funds to make loans to qualified consumers as described in
 subsection (d) for the purpose of implementing energy efficiency
 measures.
 (2)List, plan, and
 measurement and verification required
 (A)In
 generalAs a condition to
 receiving a loan or grant under this subsection, an eligible entity
 shall—
 (i)establish a list
 of energy efficiency measures that is expected to decrease energy use or costs
 of qualified consumers;
 (ii)prepare an implementation plan for use of
 the loan funds; and
 (iii)provide for
 appropriate measurement and verification to ensure the effectiveness of the
 energy efficiency loans made by the eligible entity and that there is no
 conflict of interest in the carrying out of this section.
 (B)Revision of list
 of energy efficiency measuresAn eligible entity may update the
 list required under subparagraph (A)(i) to account for newly available
 efficiency technologies, subject to the approval of the Secretary.
 (C)Existing energy
 efficiency programsAn
 eligible entity that, on or before the date of the enactment of this section or
 within 60 days after such date, has already established an energy efficiency
 program for qualified consumers may use an existing list of energy efficiency
 measures, implementation plan, or measurement and verification system of that
 program to satisfy the requirements of subparagraph (A) if the Secretary
 determines the list, plans, or systems are consistent with the purposes of this
 section.
 (3)No
 interestA loan under this subsection shall bear no
 interest.
 (4)RepaymentA loan under this subsection shall be
 repaid not more than 10 years from the date on which an advance on the loan is
 first made to the eligible entity.
 (5)Loan fund
 advancesThe Secretary shall provide eligible entities with a
 schedule of not more than ten years for advances of loan funds, except that any
 advance of loan funds to an eligible entity in any single year shall not exceed
 50 percent of the approved loan amount.
 (6)Jump-start
 grantsThe Secretary shall make grants available to eligible
 entities selected to receive a loan under this subsection in order to assist an
 eligible entity to defray costs, including costs of contractors for equipment
 and labor, except that no eligible entity may receive a grant amount that is
 greater than four percent of the loan amount.
 (d)Loans to
 qualified consumers
 (1)Terms of
 loansLoans made by an eligible entity to qualified consumers
 using loan funds provided by the Secretary under subsection (c)—
 (A)may bear interest,
 not to exceed three percent, to be used for purposes that include establishing
 a loan loss reserve and to offset personnel and program costs of eligible
 entities to provide the loans;
 (B)shall finance
 energy efficiency measures for the purpose of decreasing energy usage or costs
 of the qualified consumer by an amount such that a loan term of not more than
 ten years will not pose an undue financial burden on the qualified consumer, as
 determined by the eligible entity;
 (C)shall not be used
 to fund energy efficiency measures made to personal property unless the
 personal property—
 (i)is
 or becomes attached to real property as a fixture; or
 (ii)is a manufactured
 home;
 (D)shall be repaid
 through charges added to the electric bill of the qualified consumer;
 and
 (E)shall require an
 energy audit by an eligible entity to determine the impact of proposed energy
 efficiency measures on the energy costs and consumption of the qualified
 consumer.
 (2)ContractorsIn
 addition to any other qualified general contractor, eligible entities may serve
 as general contractors.
 (e)Contract for
 measurement and verification, training, and technical assistance
 (1)Contract
 requiredNot later than 60
 days after the date of enactment of this section, the Secretary shall enter
 into one or more contracts with a qualified entity for the purposes of—
 (A)providing measurement and verification
 activities, including—
 (i)developing and
 completing a recommended protocol for measurement and verification for the
 Rural Utilities Service;
 (ii)establishing a
 national measurement and verification committee consisting of representatives
 of eligible entities to assist the contractor in carrying out this
 section;
 (iii)providing
 measurement and verification consulting services to eligible entities that
 receive loans under this section; and
 (iv)providing
 training in measurement and verification; and
 (B)developing a program to provide technical
 assistance and training to the employees of eligible entities to carry out this
 section.
 (2)Use of
 subcontractors authorizedA qualified entity that enters into a
 contract under paragraph (1) may use subcontractors to assist the qualified
 entity in performing the contract.
 (f)Fast start
 demonstration projects
 (1)Demonstration
 projects requiredThe Secretary shall enter into agreements with
 eligible entities (or groups of eligible entities) that have energy efficiency
 programs described in subsection (c)(2)(C) to establish an energy efficiency
 loan demonstration projects consistent with the purposes of this section
 that—
 (A)implement
 approaches to energy audits and investments in energy efficiency measures that
 yield measurable and predictable savings;
 (B)use measurement
 and verification processes to determine the effectiveness of energy efficiency
 loans made by eligible entities;
 (C)include training
 for employees of eligible entities, including any contractors of such entities,
 to implement or oversee the activities described in subparagraphs (A) and
 (B);
 (D)provide for the
 participation of a majority of eligible entities in a State;
 (E)reduce the need
 for generating capacity;
 (F)provide efficiency
 loans to—
 (i)not fewer than 20,000 consumers, in the
 case of a single eligible entity; or
 (ii)not fewer than 80,000 consumers, in the
 case of a group of eligible entities; and
 (G)serve areas where
 a large percentage of consumers reside—
 (i)in
 manufactured homes; or
 (ii)in housing units
 that are more than 50 years old.
 (2)Deadline for
 implementationThe agreements
 required by paragraph (1) shall be entered into not later than 90 days after
 the date of enactment of this section.
 (3)Effect on
 availability of loans nationallyNothing in this subsection shall
 delay the availability of loans to eligible entities on a national basis
 beginning not later than 180 days after the date of enactment of this
 section.
 (4)Additional
 demonstration project authorityThe Secretary may conduct
 demonstration projects in addition to the project required by paragraph (1).
 The additional demonstration projects may be carried out without regard to
 subparagraphs (D), (F), or (G) of paragraph (1).
 (g)Additional
 authorityThe authority provided in this section is in addition
 to any authority of the Secretary to offer loans or grants under any other
 law.
 (h)Authorization of
 appropriations
 (1)In
 generalThere is authorized
 to be appropriated to the Secretary to carry out this section $993,000,000 for
 fiscal year 2012, to remain available until expended.
 (2)Amounts for
 loans, grants, staffingOf
 the amounts appropriated pursuant to the authorization of appropriations in
 paragraph (1), the Secretary shall make available—
 (A)$755,000,000 for
 the purpose of covering the cost of direct loans to eligible entities under
 subsection (c) to subsidize gross obligations in the principal amount of not to
 exceed $4,900,000,000;
 (B)$25,000,000 for measurement and
 verification activities under subsection (e)(1)(A);
 (C)$2,000,000 for the contract for training
 and technical assistance authorized by subsection (e)(1)(B);
 (D)$200,000,000 for
 jump-start grants authorized by subsection (c)(6); and
 (E)$1,100,000 for
 each of fiscal years 2012 through 2021 for 10 additional employees of the Rural
 Utilities Service to carry out this section.
 (i)Effective
 periodSubject to subsection (h)(1) and except as otherwise
 provided in this section, the loans, grants, and other expenditures required to
 be made under this section are authorized to be made during each of fiscal
 years 2012 through 2016.
 (j)Regulations
 (1)In
 generalExcept as otherwise provided in this subsection, not
 later than 120 days after the date of enactment of this section, the Secretary
 shall promulgate such regulations as are necessary to implement this
 section.
 (2)ProcedureThe
 promulgation of the regulations and administration of this section shall be
 made without regard to—
 (A)chapter 35 of
 title 44, United States Code (commonly known as the Paperwork
 Reduction Act); and
 (B)the Statement of
 Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg.
 13804), relating to notices of proposed rulemaking and public participation in
 rulemaking.
 (3)Congressional
 review of agency rulemakingIn carrying out this section, the
 Secretary shall use the authority provided under section 808 of title 5, United
 States Code.
 (4)Interim
 regulationsNotwithstanding
 paragraphs (1) and (2), to the extent regulations are necessary to carry out
 any provision of this section, the Secretary shall implement such regulations
 through the promulgation of an interim
 rule.
 .
 BTax
 provisions
 611.Energy-efficient
 commercial buildings
 (a)Increase in
 deduction
 (1)In
 generalSubparagraph (A) of section 179D(b)(1) of the Internal
 Revenue Code of 1986 is amended by striking $1.80 and inserting
 $3.00.
 (2)Partial
 allowanceClause (ii) of section 179D(d)(1)(A) of such Code is
 amended by striking $.60 and inserting
 $1.50.
 (b)ExtensionSubsection
 (h) of section 179D of the Internal Revenue Code of 1986 is amended by striking
 December 31, 2013 and inserting December 31,
 2016.
 (c)Effective
 dateThe amendments made by this section shall apply to property
 placed in service after December 31, 2010.
 612.Energy-efficient
 new homes
 (a)In
 generalSubsection (g) of section 45L of the Internal Revenue
 Code of 1986 is amended by striking December 31, 2011 and
 inserting December 31, 2016.
 (b)Effective
 dateThe amendment made by this section shall apply to homes
 acquired after December 31, 2011.
 613.Energy-efficient
 existing homes
 (a)In
 generalParagraph (2) of section 25C(g) of the Internal Revenue
 Code of 1986 is amended by striking December 31, 2011 and
 inserting December 31, 2016.
 (b)Effective
 dateThe amendment made by this section shall apply to property
 placed in service after December 31, 2011.
 614.Energy-efficient
 appliances
 (a)In
 generalSection 45M(b) of the Internal Revenue Code of 1986 is
 amended by striking 2011 each place it appears and inserting
 2011, 2012, 2013, 2014, 2015, or 2016.
 (b)Direct payment
 of credit
 (1)In
 generalWithin 90 days after the date of the enactment of this
 Act, the Secretary of Energy, in consultation with the Secretary of the
 Treasury, shall establish a program under which a manufacturer of qualified
 energy efficient appliances (within the meaning of section 45M of the Internal
 Revenue Code of 1986) may apply for, and receive, direct payment of the reduced
 credit amount of the credit which would otherwise be determined under section
 45M of the Internal Revenue Code of 1986 with respect to such appliances. Such
 request shall be approved or denied not later than 90 days after such request
 is received.
 (2)Advance
 determinationThe Secretary of Energy shall provide under the
 program established under paragraph (1) that the reduced credit amount with
 respect to a manufacturer of qualified energy efficient appliances may be
 determined at the beginning of the taxable year based on the manufacturer's
 projected production of such appliances for such year.
 (3)PaymentThe
 Secretary of Energy shall notify the Secretary of the Treasury of the approval
 of a request under paragraph (1), and the Secretary of the Treasury shall make
 the direct payment of the reduced credit amount to the manufacturer, not later
 than 90 days after such request is received by the Secretary of Energy.
 (4)Reconciliation
 of credit and direct paymentThe Secretary of the Treasury shall,
 by regulations, provide for recapturing the amount of any direct payments to a
 manufacturer under this subsection for a taxable year which exceed the reduced
 credit amount for such manufacturer with respect to such taxable year.
 (5)Section 45M
 credit not allowedNo credit shall be allowed under section 45M
 of such Code with respect to any manufacturer who receives the direct payment
 of the reduced credit amount under this subsection.
 (6)Reduced credit
 amountFor purposes of this subsection, the reduced credit amount
 is 85 percent.
 VIIEnergy research
 and development
 701.Next Step
 Energy Storage Research Center
 (a)EstablishmentThe
 Secretary shall establish a center, to be known as the Next Step Energy
 Storage Research Center (referred to in this section as the
 Center) to provide for the conduct of research on, and the
 development and deployment of advanced energy storage materials and systems
 for—
 (1)mobile and
 stationary applications; and
 (2)transportation,
 residential, and commercial uses.
 (b)Authorized
 research activitiesThe Center may use amounts made available
 under this section for research on—
 (1)innovative
 concepts that incorporate new materials and chemical processes in
 electrochemical energy storage technologies;
 (2)the interactions
 of materials that control electrochemical processes in electrical energy
 storage technologies;
 (3)designing
 innovative materials and interfacial structures to enable improvements in
 energy storage technologies, with an emphasis on—
 (A)electrode and
 electrolyte interfaces and interfacial processes;
 (B)innovations in
 electrolytes;
 (C)innovations in
 cathode and anode technology; and
 (D)nanoscale
 structures and nanostructured materials;
 (4)innovative
 characterization tools for energy storage technologies to assist in
 understanding key processes at the atomic level and molecular level;
 (5)methods to
 improve cost and performance projections for energy storage
 technologies;
 (6)ways in which to
 increase energy storage capabilities;
 (7)ways in which to
 develop the capability for fast recharge cycles in energy storage
 technologies;
 (8)ways in which to
 address lifetime concerns relating to energy storage technologies, including
 extending useful lifetimes and end-of-life battery recycling—
 (A)to prevent spread
 of contamination from used batteries; and
 (B)to develop
 techniques to repurpose used materials in new batteries; and
 (9)requirements for
 the transition of production of energy storage systems in a laboratory setting
 to the commercial production of energy storage systems.
 (c)Limitation on
 use of fundsAmounts made available under this section shall not
 be used for the construction of new facilities for the Center, but may be
 applied toward the cost of leasing facilities, and purchasing or renting
 equipment, for the Center.
 (d)Annual
 reports
 (1)In
 generalAnnually, the Secretary shall submit to Congress a report
 that describes the progress of the Center with respect to meeting the research
 goals for the Center established by the Secretary for the fiscal year covered
 by the report.
 (2)PenaltyIf
 an annual report submitted under paragraph (1) indicates that the Center did
 not meet the goal for the fiscal year described in that paragraph, the amounts
 to be made available for the Center for the subsequent fiscal year shall be
 reduced by 10 percent.
 (e)Authorization
 of appropriationsThere are authorized to be appropriated to
 carry out this section—
 (1)$30,000,000 for
 fiscal year 2012; and
 (2)$25,000,000 for
 each of fiscal years 2013 through 2017.
 702.Nuclear power
 initiativesSection 952 of the
 Energy Policy Act of 2005 (42 U.S.C. 16272) is amended by
 adding at the end the following:
 (f)Small modular
 reactor initiative
 (1)DefinitionsIn
 this subsection:
 (A)ChairmanThe
 term Chairman means the Chairman of the Commission.
 (B)CommissionThe
 term Commission means the Nuclear Regulatory Commission.
 (C)Small modular
 reactorThe term small modular reactor means a
 nuclear reactor with a rated capacity of less than 300 electrical
 megawatts.
 (2)Duty of
 SecretaryNot later than 10 years after the date of enactment of
 this subsection, the Secretary shall carry out, through cooperative agreements
 with private sector partners, a program—
 (A)to develop a
 standard design for small modular reactors that—
 (i)satisfies
 enhanced safety and proliferation controls; and
 (ii)may be
 implemented through cost-efficient manufacturing and construction;
 (B)to obtain a
 design certification from the Commission for the standard design;
 (C)to develop a
 licensing application procedure for each small modular reactor that is the
 subject of the standard design; and
 (D)to obtain a
 license from the Commission for the standard design.
 (3)Requirements
 (A)Consultation
 with ChairmanTo ensure that the activities of the Secretary
 under this subsection are cost-effective and compliment the activities of the
 Commission, in carrying out this subsection, the Secretary shall consult with
 the Chairman.
 (B)Standard
 designThe standard design developed under this subsection shall
 include a design for optimizing the staffing requirements of the small modular
 reactor that is the subject of the standard design—
 (i)to minimize the
 cost of electricity produced by the small modular reactor; and
 (ii)to improve
 overall plant economics of the small modular reactor without compromising
 safety.
 (C)Staffing
 requirementsIn carrying out this subsection, the Secretary shall
 submit to Congress and the Commission a report that identifies each issue that
 the Secretary determines—
 (i)would impact the
 staffing requirements of a small modular reactor that is the subject of the
 standard design under this subsection; and
 (ii)shall be
 considered in the development and deployment of each small modular reactor that
 is the subject of the standard design under this subsection.
 (g)Advanced
 nuclear fuels and fuel systems investigation program
 (1)Duty of
 SecretaryNot later than 180 days after the date of enactment of
 this subsection, the Secretary shall initiate an advanced nuclear fuels and
 fuel systems investigation program to promote—
 (A)the investigation
 of advanced nuclear fuels that have a higher burn efficiency and higher
 proliferation resistance; and
 (B)the development
 of nuclear plants with increased proliferation resistance and lower capital
 costs that meet each safety requirement of the Nuclear Regulatory
 Commission.
 (2)Requirements
 (A)Thorium
 focusIn carrying out the program under this subsection, the
 Secretary shall focus on thorium as a nuclear fuel with respect to the Fuel
 Cycle Research and Development program of the Department of Energy—
 (i)to develop an
 experimental reactor design;
 (ii)to designate a
 location to construct the reactor that is the subject of the design under
 clause (i); and
 (iii)to design a
 cost and construction schedule regarding the reactor described in clause
 (ii).
 (B)5-year
 strategy
 (i)In
 generalIn carrying out the program under this subsection, the
 Secretary shall develop a 5-year strategy for Generation IV System nuclear
 plant technology (including nuclear plant technology more advanced than
 Generation IV nuclear energy systems) to provide coordination with the Advanced
 Reactor Concepts program of the Department of Energy.
 (ii)Roadmap
 (I)In
 generalIn developing the 5-year strategy under this
 subparagraph, the Secretary shall include a roadmap for the long-term funding
 that is required—
 (aa)to
 design, construct, and start operations of an advanced reactor concept;
 and
 (bb)to
 overcome technical and scientific challenges preventing
 commercialization.
 (II)RequirementsThe
 roadmap described in subclause (I) shall include a schedule for commercial
 implementation of technologies investigated by the Secretary under the Advanced
 Reactor Concepts program of the Department of Energy.
 (h)Spent fuel
 research program
 (1)Definition of
 research and development centerIn this subsection, the term
 research and development center means a spent fuel recycling
 research and development center designated under paragraph (2)(A).
 (2)Spent fuel
 recycling research and development center
 (A)In
 generalNot later than 90 days after the date of enactment of
 this subsection, the Secretary shall designate a National Laboratory as a spent
 fuel recycling research and development center.
 (B)Purpose
 (i)In
 generalIn accordance with clause (ii), the research and
 development center shall serve as the lead site for continuing research and
 development of advanced nuclear fuel cycles and isotope separation
 technologies.
 (ii)Research
 initiativesIn carrying out clause (i), the research and
 development center shall provide coordination with the Secretary regarding the
 Fuel Cycle Research and Development program of the Department of Energy—
 (I)to minimize any
 redundancy of related research programs;
 (II)to develop a
 strategic goal and a plan to attain the strategic goal; and
 (III)to maintain the
 focus of the research program toward the strategic goal described in subclause
 (II).
 (C)ReportNot
 later than 180 days after the date of enactment of this subsection, the
 Secretary shall submit to the appropriate committees of Congress a report that
 contains, for the period covered by the report, a description of each
 unfulfilled responsibility of the Department of Energy regarding the
 Nuclear Waste Policy Act of 1982 (42
 U.S.C. 10101 et seq.).
 (i)Spent fuel
 storage research program
 (1)In
 generalNot later than 180 days after the date of enactment of
 this subsection, the Secretary shall initiate a spent fuel storage research
 program, to be carried out as a component of the Fuel Cycle Research and
 Development program of the Department of Energy.
 (2)RequirementsIn
 carrying out the program under this subsection, the Secretary shall—
 (A)analyze the
 sustainability of the on-site pool storage of spent fuel;
 (B)develop a
 cost-benefit analysis of reracking spent fuel in ponds as compared to dry cask
 storage, to be provided to nuclear power plant owners and operators to assist
 with fuel storage decisionmaking; and
 (C)develop a 15-year
 strategy for the storage of the spent nuclear fuel of the United States,
 including recommendations, cost-estimates, and schedules for resolving the
 accumulation of spent nuclear fuel.
 (3)Authorization
 of appropriationsThere is authorized to be appropriated to the
 Secretary to carry out the program under this subsection $300,000,000 for the
 period of fiscal years 2012 through
 2015.
 .
 VIIIBudgetary
 effects
 801.Budgetary
 effectsThe budgetary effects
 of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act
 of 2010, shall be determined by reference to the latest statement titled
 Budgetary Effects of PAYGO Legislation for this Act, submitted
 for printing in the Congressional Record by the Chairman of the Senate Budget
 Committee, provided that such statement has been submitted prior to the vote on
 passage.