Fulfilling U.S. Energy Leadership Act of 2011 - Sets forth energy production programs for: (1)advanced and plug-in vehicle deployment, (2) research and development (R&D) for advanced batteries and raw materials, (3) tax credits for advanced and fuel-efficient motor vehicles, (4) oil and gas development on the outer Continental Shelf (OCS), (5) alternative fuel deployment, (6) clean sources of electricity, (7) financing clean energy initiatives, and (8) rural energy savings.
Directs the Secretary of Energy (Secretary) to conduct an R&D and commercial application program for alternative fuel transportation technology.
Amends the Energy Policy Act of 1992 to direct the Secretary promulgate regulations governing reduced petroleum consumption by the federal fleet
Establishes within the Department of Energy (DOE) a national plug-in electric drive vehicle deployment program.
Directs the Secretary to implement a national assessment and develop a national plan for plug-in electric drive vehicle deployment.
Establishes a communities program for targeted plug-in electric drive vehicle deployment.
Directs the Secretary to establish: (1) an R&D funding program for technologies supporting the development, manufacture, and deployment of plug-in electric drive vehicles and related charging infrastructure; (2) a clean energy standard that promotes the use of renewable and other low-carbon sources of electricity; and (3) the Next Step Energy Storage Research Center.
Directs the Secretary of the Interior to study the supply of raw materials.
Amends the Public Utility Regulatory Policies Act to require electric utilities to develop a plan to support the use of plug-in electric drive vehicles, including medium- and heavy-duty hybrid electric vehicles.
Amends the Energy Independence and Security Act of 2007 to require the Secretary to guarantee loans for specified automotive battery purchases that use advanced battery technology. Authorizes loan guarantees also for renewable fuel pipelines.
Establishes the Plug-in Electric Drive Vehicle Technical Advisory Committee.
Directs the President to establish the Plug-in Electric Drive Vehicle Interagency Task Force.
Amends the Internal Revenue Code to: (1) modify criteria for consumer tax credits for advanced vehicles; (2) allow a tax credit for certain new fuel-efficient motor vehicles; (3) allow an idling reduction tax credit; (4) revise excise tax credits based on the price of crude oil; (4) modify the alternative fuel vehicle refueling property credit; (5) extend the tax credits for biodiesel and renewable diesel; (6) prescribe a special rule for systems installed on coal-fired electric generation units; (7) allow a tax credit for carbon sequestration from coal facilities; (8) modify the tax credit for carbon dioxide sequestration; (9) create a clean energy coal bond; (10) allow seven-year accelerated depreciation for new nuclear power facilities; (11) allow a tax credit for advanced energy manufacturing; (12) modify and extend the tax credit for steel industry fuel; and (13) extend the tax credit for producing fuel from coke or coke gas.
Amends the Outer Continental Shelf Lands Act (OCSLA) to authorize the Secretary of the Interior to offer for leasing any moratorium area in the Gulf of Mexico more than 50 miles off the coastline.
Prohibits the export of oil and natural gas produced on the OCS.
Establishes the Alternative Fuel Trust Fund.
Amends the Energy Policy Act of 2005 to: (1) instruct the Secretary of Energy to conduct a seismic inventory of oil and natural gas, and prepare a summary of marine resources on the OCS in the Atlantic Region, the Eastern Gulf of Mexico, and the Alaska Region; (2) authorize appropriations for bioenergy research and development, (3) set forth a large-scale carbon storage program, (4) authorize appropriations for nuclear energy workforce training, and (5) require a small modular reactor initiative.
Amends the OCSLA to establish the Offshore Safety Bureau.
Increases loan guarantees for nuclear power and other innovative sources.
Establishes an interagency working group to promote a domestic manufacturing base for nuclear components and equipment.
Establishes: (1) the Clean Energy Investment Fund, and (2) the Clean Energy Deployment Administration.
Amends the Farm Security and Rural Investment Act of 2002 to instruct the Secretary of Agriculture to make loans to eligible entities that agree to use such funds to make loans to qualified consumers for the purpose of implementing energy efficiency measures.
Extends the tax deduction for energy-efficient commercial buildings and the tax credits for energy-efficient homes (new and existing) and energy-efficient appliances.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1220 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1220
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fulfilling U.S.
Energy Leadership Act of 2011''.
(b) Table of Contents.--The 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.
SEC. 2. DEFINITIONS.
Except as otherwise provided in this Act, in this Act:
(1) Alternative fuel.--The term ``alternative fuel'' has
the meaning given the term in section 32901(a) of title 49,
United States Code.
(2) Alternative fueled automobile.--The term ``alternative
fueled automobile'' has the meaning given the term in section
32901(a) of title 49, United States Code.
(3) Motor vehicle.--The 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) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--ADVANCED VEHICLE DEPLOYMENT
Subtitle A--Energy Provisions
SEC. 101. RESEARCH AND DEVELOPMENT PROGRAM FOR ALTERNATIVE FUEL VEHICLE
TECHNOLOGIES.
(a) Purposes.--The 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) Program.--The 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 general.--Out 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 acceptance.--The 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.
SEC. 102. FEDERAL FLEET REQUIREMENTS.
(a) Definition of Alternative Fueled Vehicle.--Section 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) Exclusion.--The term `alternative fueled
vehicle' does not include a dedicated vehicle that
operates exclusively on gasoline or diesel fuel.''.
(b) Minimum Federal Fleet Requirement.--Section 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; Compliance.--Section 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 vehicle.--In 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 percentage.--For 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) Compliance.--The 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.''.
SEC. 103. REFUELING INFRASTRUCTURE CORRIDORS.
(a) Number of Eligible Projects.--Section 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) Report.--Section 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) Report.--Not 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.''.
SEC. 104. FEDERAL GOVERNMENT PETROLEUM CONSUMPTION.
(a) In General.--Section 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 consumption.--The 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) Study.--The 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) Report.--Not 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.
SEC. 105. DETERMINATION OF STANDARDS BY SECRETARY OF ENERGY FOR IDLING
REDUCTION DEVICES.
Not 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.
Subtitle B--Promoting Electric Vehicles
SEC. 111. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Charging infrastructure.--The 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) Committee.--The term ``Committee'' means the Plug-In
Electric Drive Vehicle Technical Advisory Committee established
by section 144.
(4) Deployment community.--The 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 utility.--The 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 highways.--The 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 general.--The 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) Inclusions.--The 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) Prize.--The term ``Prize'' means the Advanced Batteries
for Tomorrow Prize established by section 132.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) Task force.--The term ``Task Force'' means the Plug-in
Electric Drive Vehicle Interagency Task Force established by
section 145.
PART I--NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT PROGRAM.
SEC. 121. NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT PROGRAM.
(a) In General.--There 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) Goals.--The 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) Duties.--In 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) Report.--Not 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 Clearinghouse.--The 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 Appropriations.--For the period of fiscal
years 2011 through 2016, there are authorized to be appropriated
$100,000,000 to carry out sections 121 through 123.
SEC. 122. NATIONAL ASSESSMENT AND PLAN.
(a) In General.--Not 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) Updates.--Not 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.
SEC. 123. TECHNICAL ASSISTANCE.
(a) Technical Assistance to State, Local, and Tribal Governments.--
(1) In general.--In 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) Requirements.--The 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) Priority.--In 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 practices.--The 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 general.--The 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) Application.--A 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 funds.--A 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) Criteria.--The 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 appropriations.--There 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 general.--Not 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 adoption.--An 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 integration.--In developing the model codes
or ordinances described in paragraph (1), the Secretary shall
consider smart grid integration.
SEC. 124. WORKFORCE TRAINING.
(a) Maintenance and Support.--
(1) In general.--The 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) Purpose.--Training 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) Scope.--Training 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) Design.--The 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 Appropriations.--There is authorized to be
appropriated $150,000,000 to carry out this section.
SEC. 125. FEDERAL FLEETS.
(a) In General.--Electricity 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 Report.--Not 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 general.--In 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 responses.--Each 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 responses.--The 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 Request.--Each 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 general.--The 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 collection.--The 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) Report.--Not 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 site.--The 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 Priority.--Section 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) Priority.--The 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 Appropriations.--There 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.
SEC. 126. TARGETED PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT
COMMUNITIES PROGRAM.
(a) Establishment.--
(1) In general.--There 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 activities.--In 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 general.--The Secretary shall establish a
competitive process to select phase 1 deployment
communities for the Program.
(B) Eligible entities.--In 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) Selection.--Not 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) Termination.--Phase 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 2.--Not 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) Goals.--The 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 general.--The 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) Selection.--In 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 general.--Not 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 requirements.--The 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 plans.--Plans 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 general.--Not 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 general.--An 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 grants.--A 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 general.--In 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 funds.--Funds 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 general.--A grant provided under
this paragraph shall be subject to a minimum
non-Federal cost-sharing requirement of 20
percent.
(ii) Non-federal sources.--The 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) Reduction.--The Secretary may reduce
or eliminate the cost-sharing requirement
described in clause (i), as the Secretary
determines to be necessary.
(iv) Calculation of amount.--In 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 share.--The
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 property.--The Secretary may
vest title or other property interests acquired
under projects funded under this subtitle in
any entity, including the United States.
(3) Selection.--Not 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 general.--The 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 data.--As a condition of participation in
the Program, a deployment community shall provide any data
identified by the Secretary under paragraph (1).
(3) Reports.--Not 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 Information.--The Secretary shall, as appropriate,
provide for the protection of proprietary information and intellectual
property rights.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,002,000.
(h) Conforming Amendment.--Section 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''.
PART II--RESEARCH AND DEVELOPMENT
SEC. 131. RESEARCH AND DEVELOPMENT PROGRAM.
(a) Research and Development Program.--
(1) In general.--The 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 funds.--The 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) Report.--Not 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 general.--The 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) Report.--Not 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 general.--Based 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 guidelines.--Not 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 program.--Not 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 general.--The 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) Report.--Not 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 Appropriations.--There 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.
SEC. 132. ADVANCED BATTERIES FOR TOMORROW PRIZE.
(a) In General.--Not 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 general.--To 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 requirements.--The 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 general.--Subject 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 participation.--An entity providing
private funds for the Prize may not participate in the
competition for the Prize.
(d) Technical Review.--The 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 Administration.--The Secretary may select, on a
competitive basis, a third party to administer awards provided under
this section.
(f) Eligibility.--To 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 general.--Subject to the availability of funds to
carry out this section, the amount of the Prize shall be
$10,000,000.
(2) Breakthrough achievement awards.--In 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) Establishment.--There 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 fund.--The 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) Prohibition.--Amounts in the Fund may not be made
available for any purpose other than a purposes described in
subsection (a).
(4) Annual reports.--
(A) In general.--Not 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) Contents.--Each 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 account.--Section 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 Appropriations.--There 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).
SEC. 133. STUDY ON THE SUPPLY OF RAW MATERIALS.
(a) In General.--The 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) Report.--Not 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 Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000.
SEC. 134. STUDY ON THE COLLECTION AND PRESERVATION OF DATA COLLECTED
FROM PLUG-IN ELECTRIC DRIVE VEHICLES.
(a) In General.--Not 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) Report.--Not 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 Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
PART III--MISCELLANEOUS
SEC. 141. UTILITY PLANNING FOR PLUG-IN ELECTRIC DRIVE VEHICLES.
(a) In General.--The 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 general.--Not 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) Requirements.--A 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 general.--An 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) Approval.--Approval of a
waiver under subclause (I) shall be in
the sole discretion of the Secretary.
``(iv) Updates.--
``(I) In general.--Each electric
utility shall update the plan of the
electric utility every 5 years.
``(II) Resubmission of waiver.--An
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) Exemption.--If 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 requirements.--Each 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 recovery.--Each 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) Determination.--Not 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 general.--Each 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
efficiency.--In the case'';
(C) in the third sentence, by striking ``In the
case'' and inserting the following:
``(B) Time-based metering and communications.--In
the case'';
(D) in the fourth sentence--
(i) by striking ``In the case'' and
inserting the following:
``(C) Interconnection.--In 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
information.--In the case''; and
(F) by adding at the end the following:
``(E) Plug-in electric drive vehicle planning.--In
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 general.--The 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) Report.--Not 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.
SEC. 142. LOAN GUARANTEES.
(a) Loan Guarantees for Advanced Battery Purchases for Use in
Stationary Applications.--Subtitle 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:
``SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES.
``(a) Definitions.--In this section:
``(1) Qualified automotive battery.--The 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 entity.--The 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 general.--The 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) Restriction.--As 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) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000.''.
(b) Loan Guarantees for Charging Infrastructure.--Section 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.''.
SEC. 143. PROHIBITION ON DISPOSING OF ADVANCED BATTERIES IN LANDFILLS.
(a) Definition of Advanced Battery.--
(1) In general.--In this section, the term ``advanced
battery'' means a battery that is a secondary (rechargeable)
electrochemical energy storage device that has enhanced energy
capacity.
(2) Exclusions.--The 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) Requirement.--An 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'').
SEC. 144. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL ADVISORY COMMITTEE.
(a) In General.--There is established the Plug-in Electric Drive
Vehicle Technical Advisory Committee to advise the Secretary on the
programs and activities under this subtitle.
(b) Mission.--The 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 general.--The Committee shall consist of not
less than 12, but not more than 25, members.
(B) Representation.--The 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 general.--The term of a Committee member
shall not be longer than 3 years.
(B) Staggered terms.--The Secretary may appoint
members to the Committee for differing term lengths to
ensure continuity in the functioning of the Committee.
(C) Reappointments.--A member of the Committee
whose term is expiring may be reappointed.
(3) Chairperson.--The Committee shall have a chairperson,
who shall be elected by and from the members.
(d) Review.--The Committee shall review and make recommendations to
the Secretary on the implementation of programs and activities under
this subtitle.
(e) Response.--
(1) In general.--The Secretary shall consider and may adopt
any recommendation of the Committee under subsection (c).
(2) Biennial report.--
(A) In general.--Not 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) Contents.--The 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) Timing.--The 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) Coordination.--The 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) Support.--The Secretary shall provide to the Committee the
resources necessary to carry out this section, as determined to be
necessary by the Secretary.
SEC. 145. PLUG-IN ELECTRIC DRIVE VEHICLE INTERAGENCY TASK FORCE.
(a) In General.--Not 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) Mission.--The 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 general.--In carrying out this section, the Task
Force may--
(A) organize workshops and conferences;
(B) issue publications; and
(C) create databases.
(2) Mandatory activities.--In 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 Cooperation.--A 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).
Subtitle C--Tax Provisions
SEC. 151. CONSUMER TAX CREDITS FOR ADVANCED VEHICLES.
(a) Plug-In Electric Drive Motor Vehicle Credit.--Section 30D of
the Internal Revenue Code of 1986 is amended to read as follows:
``SEC. 30D. NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.
``(a) Allowance of Credit.--
``(1) In general.--There 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 amount.--For 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 weight.--The 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 general.--In 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 period.--For 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 percentage.--For 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 groups.--Rules similar to the
rules of section 30B(f)(4) shall apply for purposes of
this subsection.
``(c) New Qualified Plug-In Electric Drive Motor Vehicle.--For
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
credit.--So 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 general.--For 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 general.--A 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) Certification.--A 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 revocation.--
Any transfer under clause (i) may be revoked
only with the consent of the Secretary.
``(iv) Regulations.--The 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 Rules.--For purposes of this
section--
``(1) Motor vehicle.--The term `motor vehicle' has the
meaning given such term by section 30(c)(2).
``(2) Other terms.--The 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 capacity.--Traction 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 basis.--For 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 benefit.--The 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 entity.--In 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
qualified.--No 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) Recapture.--The 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 credit.--No 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 standards.--Unless 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 general.--Except 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
regulations.--The 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) Termination.--This section shall not apply to property
purchased after December 31, 2016.''.
(b) Conforming Amendment.--Section 6501(m) of such Code is amended
by striking ``30D(e)(4)'' and inserting ``30D(e)(9)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 152. CREDIT FOR FUEL-EFFICIENT MOTOR VEHICLES.
(a) In General.--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 section:
``SEC. 30E. FUEL-EFFICIENT MOTOR VEHICLE CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--There 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 amount.--The 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 Vehicle.--For 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 Rules.--For purposes of this
section--
``(1) Combined fuel economy.--The 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) Manufacturer.--The term `manufacturer' has the
meaning given such term under section 30B(h).
``(3) Basis reduction.--The 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 credit.--For 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 benefit.--No 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
credit.--So 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 general.--For 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 tax.--The
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 general.--No 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 groups.--Rules similar to the rules of
section 30B(f)(4) shall apply for purposes of this subsection.
``(f) Termination.--This 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 Amendment.--The 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 Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 153. IDLING REDUCTION TAX CREDIT.
(a) In General.--Subpart 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:
``SEC. 45S. IDLING REDUCTION CREDIT.
``(a) General Rule.--For 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) Limitation.--The maximum amount allowed as a credit under
subsection (a) shall not exceed $1,000 per device.
``(c) Definitions.--For purposes of subsection (a)--
``(1) Qualifying idling reduction device.--The 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 vehicle.--The
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 idling.--The 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 Benefit.--For purposes of this section--
``(1) Reduction in basis.--If 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 credits.--No 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 Credit.--This 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 Credit.--Subsection (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 Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
TITLE II--OIL AND GAS DEVELOPMENT
SEC. 201. PRODUCTION OF OIL AND GAS ON OUTER CONTINENTAL SHELF.
(a) In General.--Section 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) Definitions.--In this subsection:
``(A) Coastal political subdivision.--The 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 state.--The term `Gulf
producing State' means each of the States of Alabama,
Florida, Louisiana, Mississippi, and Texas.
``(C) Moratorium area.--The 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 general.--The 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) Exclusions.--The 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 state.--The 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 general.--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 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
defense.--The 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 general.--The 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 secretary.--Not 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 act.--If 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) Treatment.--Notwithstanding 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) Administration.--Notwithstanding 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 general.--Except 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 program.--If 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 assessment.--Before
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 mexico.--Notwithstanding 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 general.--Except 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 states.--If 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 export.--All 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) Establishment.--There 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 fund.--Subject 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 general.--The 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) Adjustments.--Proper 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.
SEC. 202. IMPLEMENTATION OF INVENTORY OF OUTER CONTINENTAL SHELF
RESOURCES.
(a) In General.--Section 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) Implementation.--The 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 general.--Not 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 phase.--Not 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 phases.--Not 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 availability.--A 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 Program.--The 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) Permits.--Nothing 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) Funding.--Section 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 Appropriations.--There 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.
SEC. 203. OFFSHORE SAFETY BUREAU.
(a) In General.--The Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.) is amended by adding to the end the following:
``SEC. 32. OFFSHORE SAFETY BUREAU.
``(a) Establishment of Bureau.--
``(1) Establishment.--
``(A) In general.--Subject 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 interest.--In 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) Director.--The 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) Compensation.--The 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) Qualifications.--The 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 general.--Notwithstanding 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) Requirements.--In 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 general.--Notwithstanding 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) Limitations.--The 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) Notification.--Each year, the Secretary shall
submit to Congress a notification that lists each
individual appointed under this paragraph.
``(3) Reemployment of civilian retirees.--
``(A) In general.--Notwithstanding 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) Limitations.--An 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 term.--The 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 Authority.--Subject 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 Amendment.--Section 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).''.
TITLE III--ALTERNATIVE FUEL DEPLOYMENT
Subtitle A--Energy Provisions
SEC. 301. BIOENERGY RESEARCH AND DEVELOPMENT.
Section 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 Appropriations.--There 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).''.
SEC. 302. ALTERNATIVE FUELED AUTOMOBILE PRODUCTION REQUIREMENT.
(a) Definition of Alternative Fueled Vehicle.--Section 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) Requirement.--Section 32905 of title 49, United States Code is
amended by adding at the end the following:
``(g) Alternative Fueled Automobiles.--Each 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.''.
SEC. 303. DEFINITION OF RENEWABLE BIOMASS.
Section 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 biomass.--The 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.''.
SEC. 304. LOAN GUARANTEES FOR RENEWABLE FUEL PIPELINES.
Subtitle 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:
``SEC. 249. LOAN GUARANTEES FOR RENEWABLE FUEL PIPELINES.
``(a) Definitions.--In this section:
``(1) Cost.--The 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 project.--The term `eligible project' means
a project described in subsection (b)(1).
``(3) Guarantee.--
``(A) In general.--The 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) Inclusion.--The 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 fuel.--The 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 pipeline.--The term `renewable fuel
pipeline' means a common carrier pipeline for transporting
renewable fuel.
``(b) Loan Guarantees.--
``(1) In general.--The 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) Eligibility.--In 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) Amount.--Unless 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 conditions.--Guarantees 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 rule.--Not 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 general.--There 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 funds.--To 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.''.
Subtitle B--Tax Provisions
SEC. 311. VARIABLE VEETC RATE BASED ON PRICE OF CRUDE OIL.
(a) Excise Tax Credit.--
(1) In general.--Subparagraph (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 the calendar quarter is:
quarter is:
Not more than $50/barrel........................... 30 cents
More than $50 but not more than $60/barrel......... 24 cents
More than $60 but not more than $70/barrel......... 18 cents
More than $70 but not more than $80/barrel......... 12 cents
More than $80 but not more than $90/barrel......... 6 cents
More than $90/barrel............................... 0 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 payment.--Sections
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 general.--The 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 1st 2d applicable rate.''.
June 30, 2011, and before 2015. applicable
rate
(2) Applicable rates.--Paragraph (3) of section 40(h) of
such Code is amended to read as follows:
``(3) Applicable rates.--For purposes of this subsection,
the 1st applicable rate and the 2d applicable rate shall be
determined in accordance with the following table:
----------------------------------------------------------------------------------------------------------------
The 1st
``If the average price of crude oil during applicable rate The 2d applicable rate for the calendar quarter
the preceding calendar quarter is: for the calendar is:
quarter is:
----------------------------------------------------------------------------------------------------------------
Not more than $50/barrel................... 30 cents 22.20 cents
More than $50 but not more than $60/barrel. 24 cents 17.76 cents
More than $60 but not more than $70/barrel. 18 cents 13.33 cents
More than $70 but not more than $80/barrel. 12 cents 8.88 cents
More than $80 but not more than $90/barrel. 6 cents 4.44 cents
More than $90/barrel....................... 0 cents 0 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 credit.--Section 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 Deadwood.--Section 6426(b)(2) of the Internal Revenue
Code of 1986 is amended by striking subparagraph (C).
(d) Effective Date.--The amendments made by this section shall
apply to any sale, use, or removal for any period after June 30, 2011.
SEC. 312. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER CREDIT THROUGH 2016.
(a) In General.--Section 40(b)(6) of the Internal Revenue Code of
1986 is amended by striking subparagraph (H).
(b) Conforming Amendment.--Section 40(e) of the Internal Revenue
Code of 1986 is amended by striking paragraph (3).
SEC. 313. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY CREDIT.
(a) Extension.--Subsection (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 Credit.--Subparagraph
(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 Property.--Subsection (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 general.--In 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) Recapture.--If 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 property.--For 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 Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2011.
SEC. 314. EXTENSION OF SPECIAL DEPRECIATION ALLOWANCE FOR CELLULOSIC
BIOFUEL PLANT PROPERTY.
Subparagraph (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''.
SEC. 315. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.
(a) Credits for Biodiesel and Renewable Diesel Used as Fuel.--
Subsection (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 Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2011.
SEC. 316. ALTERNATIVE FUELS EXCISE TAX CREDITS.
(a) In General.--Sections 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 Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2011.
TITLE IV--CLEANER SOURCES OF ELECTRICITY
Subtitle A--Energy Provisions
SEC. 401. CLEAN ENERGY STANDARD.
(a) In General.--The Secretary of Energy shall establish a clean
energy standard that promotes the use of renewable and other low-carbon
sources of electricity.
(b) Administration.--In 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.
SEC. 402. LARGE-SCALE CARBON STORAGE PROGRAM.
(a) In General.--Subtitle 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:
``SEC. 963A. LARGE-SCALE CARBON STORAGE PROGRAM.
``(a) Definitions.--In this section:
``(1) Industrial source.--The term `industrial source'
means any source of carbon dioxide that is not naturally
occurring.
``(2) Large-scale.--The 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 concerned.--The 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) Program.--In 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 Assistance.--In 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 Selection.--The 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 Conditions.--The 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 Elements.--In 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 liability.--In 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) Agreements.--Not 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
misconduct.--Notwithstanding 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 general.--The 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) Amount.--The 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 fees.--Fees collected under this
paragraph shall be deposited in the Treasury and
credited to miscellaneous receipts.
``(5) Contracts in advance of appropriations.--
``(A) In general.--Subject 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) Limitation.--The 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 general.--An agreement of indemnification
under this subsection may contain such terms as the
Secretary considers appropriate to carry out the
purposes of this section.
``(B) Administration.--The 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 general.--The 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) Expenses.--The settlement shall not
include expenses in connection with the claim
incurred by the recipient.
``(h) Federal Land.--
``(1) In general.--The 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 land.--In 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 general.--As 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 activities.--After 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) Funding.--There 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) Definitions.--In this section:
``(1) Industrial source.--The term `industrial source'
means any source of carbon dioxide that is not naturally
occurring.
``(2) Large-scale.--The 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))''.
SEC. 403. LOAN GUARANTEES FOR NUCLEAR POWER AND OTHER INNOVATIVE
SOURCES.
Section 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''.
SEC. 404. NUCLEAR ENERGY WORKFORCE.
Section 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 general.--The 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) Consultation.--In 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 appropriations.--There 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.''.
SEC. 405. INTERAGENCY WORKING GROUP TO PROMOTE DOMESTIC MANUFACTURING
BASE FOR NUCLEAR COMPONENTS AND EQUIPMENT.
(a) Purposes.--The 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 general.--There 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) Composition.--The 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 Group.--The 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 Matters.--The 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 Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $20,000,000 for
each of fiscal years 2012 through 2016.
Subtitle B--Tax Provisions
SEC. 411. SEVEN-YEAR AMORTIZATION FOR CERTAIN SYSTEMS INSTALLED ON
COAL-FIRED ELECTRIC GENERATION UNITS.
(a) In General.--Subsection (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 general.--Any 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 emissions.--The 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 tax.--Section
56(a)(5) shall not apply to property to which this
paragraph applies.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after the date of the enactment of this
Act.
SEC. 412. CREDIT FOR CARBON SEQUESTRATION FROM COAL FACILITIES.
(a) In General.--Subpart E of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 48D the following new section:
``SEC. 48E. QUALIFYING CARBON DIOXIDE CAPTURE, TRANSPORT, AND STORAGE
EQUIPMENT CREDIT.
``(a) General Rule.--For 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 general.--For 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 property.--Rules
similar to section 48(a)(4) shall apply for purposes of this
section.
``(3) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(c) Definitions.--For purposes of this section--
``(1) Qualifying clean coal project.--
``(A) In general.--The 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 general.--In 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 requirement.--The
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 requirement.--The
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 general.--In 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
emissions.--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.
``(iii) Comparable products.--For purposes
of this subparagraph, the term `comparable
product' means any transportation fuel derived
from crude oil or coal.
``(D) Requirements for substitute natural gas.--In
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 property.--The 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 fuel.--The 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) Coal.--The term `coal' means bituminous coal,
subbituminous coal, and lignite.
``(d) Aggregate Credits.--
``(1) In general.--No 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 certified.--The 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 process.--The 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 requirements.--After 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) Redistribution.--The 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 certification.--An
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 Benefit.--No 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 Date.--The 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).
SEC. 413. MODIFICATIONS TO CREDIT FOR CARBON DIOXIDE SEQUESTRATION.
(a) Credit Allowed for Uses Other Than Tertiary Injectants.--
(1) In general.--Paragraph (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 storage.--Subparagraph
(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 sequestered.--Paragraph (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 storage.--The 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 sequestration.--The
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 amendment.--Subparagraph (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 Dioxide.--
Subparagraph (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 general.--Paragraph (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 general.--Except 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 credit.--A 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) Rules.--Not 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 period.--Paragraphs
(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) Termination.--Paragraph (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 amendment.--Section 45Q of such Code is
amended by striking subsection (e).
(e) Effective Date.--The amendments made by this section shall
apply to carbon dioxide captured after the date of the enactment of
this Act.
SEC. 414. CLEAN ENERGY COAL BONDS.
(a) In General.--
(1) Treatment as tax credit bonds.--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 section:
``SEC. 54G. CLEAN ENERGY COAL BONDS.
``(a) Clean Energy Coal Bond.--For purposes of this subchapter--
``(1) In general.--The 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 general.--The term `qualified project'
means a qualified clean coal project (as defined in
subsection (f)(1)) placed in service by a qualified
borrower.
``(B) Refinancing rules.--For 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) Reimbursement.--For 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 use.--For 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 limitation.--There is a national clean
energy coal bond limitation of $5,000,000,000.
``(2) Allocation by secretary.--The 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 general.--An 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 period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the 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 years.--To the extent that less than 100 percent of
the available project proceeds of such issue are expended by
the close of the 5-year period beginning on the date of
issuance (or if an extension has been obtained under paragraph
(2), by the close of the extended period), the 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 Amount.--The 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 Borrower.--For purposes of
this section--
``(1) Cooperative electric company.--The 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 lender.--The 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 entity.--The 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 issuer.--The term `qualified issuer'
means--
``(A) a clean energy bond lender,
``(B) a cooperative electric company, or
``(C) a public power entity.
``(5) Qualified borrower.--The 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 Bonds.--No 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 Rules.--For purposes of this
section--
``(1) Qualified clean coal project.--For 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 bond.--The term `pooled financing
bond' shall have the meaning given such term by section
149(f)(4)(A).''.
(2) Bonds not subject to maturity limitation.--Paragraph
(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 bonds.--
The 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 general.--Section 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 rule.--Paragraph (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 Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 415. NEW CLEAN RENEWABLE ENERGY BONDS.
(a) In General.--Subsection (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 limitation.--Subject 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 Date.--The amendment made by this section shall apply
to allocations after December 31, 2010.
SEC. 416. SEVEN-YEAR ACCELERATED DEPRECIATION FOR NEW NUCLEAR POWER
FACILITIES.
(a) In General.--Subparagraph (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 Facility.--Section 168(e) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(9) Qualified nuclear power facility.--The term
`qualified nuclear power facility' means an advanced nuclear
facility (as defined in section 45J(d)(2))--
``(A) which, when placed in service, will use
nuclear power to produce electricity,
``(B) the construction of which is approved by the
Nuclear Regulatory Commission on or before December 31,
2013, and
``(C) which is placed in service before January 1,
2021.''.
(c) Conforming Amendment.--Section 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 Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
the date of enactment of this Act.
SEC. 417. LONG TERM EXTENSION OF RENEWABLE ELECTRICITY PRODUCTION
CREDIT.
Subsection (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''.
TITLE V--DOMESTIC ENERGY DEPLOYMENT
Subtitle A--Clean Energy Financing
SEC. 501. PURPOSE.
The 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.
SEC. 502. DEFINITIONS.
In this subtitle:
(1) Administration.--The term ``Administration'' means the
Clean Energy Deployment Administration established by section
505.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Administration.
(3) Advisory council.--The term ``Advisory Council'' means
the Energy Technology Advisory Council of the Administration.
(4) Breakthrough technology.--The 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 technology.--The 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) Cost.--The 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 loan.--The 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) Fund.--The term ``Fund'' means the Clean Energy
Investment Fund established by section 503(a).
(9) Loan guarantee.--The 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 laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(12) Security.--The term ``security'' has the meaning given
the term in section 2 of the Securities Act of 1933 (15 U.S.C.
77b).
(13) State.--The 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 risk.--The 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.
SEC. 503. IMPROVEMENTS TO EXISTING PROGRAMS.
(a) Clean Energy Investment Fund.--
(1) Establishment.--There 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 general.--Notwithstanding 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) Fees.--Fees collected for
administrative expenses shall be available
without limitation to cover applicable
expenses.
(ii) Fund.--To 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 general.--The 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 flows.--Cash 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) Adjustments.--Proper 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 technology.--Section 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) Exclusion.--The 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 contribution.--Section 1702
of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended
by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No 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) Limitation.--The 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 laws.--Section 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) Subrogation.--Section 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 rights.--Except 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 conditions.--A 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) Fees.--Section 1702(h) of the Energy Policy Act of 2005
(42 U.S.C. 16512(h)) is amended by striking paragraph (2) and
inserting the following:
``(2) Availability.--Fees collected under this subsection
shall--
``(A) be deposited by the Secretary 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) Adjustment.--The 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 fees.--Of 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 report.--If, 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) Processing.--Section 1702 of the Energy Policy Act of
2005 (42 U.S.C. 16512) is amended by adding at the end the
following:
``(k) Accelerated Reviews.--To 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 rates.--Section 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''.
SEC. 504. ENERGY TECHNOLOGY DEPLOYMENT GOALS.
(a) Goals.--Not 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) Revisions.--The 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.
SEC. 505. CLEAN ENERGY DEPLOYMENT ADMINISTRATION.
(a) Establishment.--
(1) In general.--There 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 general.--The 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 reorganization.--The
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 general.--Section 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 office.--The 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 offices.--The 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 general.--The 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) Duties.--The 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 general.--The 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) Duties.--The 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) Removal.--An appointed member of the Board of Directors
may be removed from office by the President for good cause.
(4) Vacancies.--An 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 members.--An 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 general.--The 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) Qualifications.--The 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) Duties.--The 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 general.--Members of the Advisory Council
shall have 5-year staggered terms, as determined by the
Secretary and the Administrator.
(B) Reappointment.--A member of the Advisory
Council may be reappointed.
(5) Compensation.--A 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 general.--The 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 general.--Notwithstanding 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) Exception.--The authority granted under
subparagraph (A) shall not apply to positions in the
excepted service or the Senior Executive Service.
(C) Requirements.--In 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 effectiveness.--The 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 general.--Notwithstanding 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) Limitations.--The 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) Notification.--Each year, the Administrator
shall submit to Congress a notification that lists each
individual appointed under this paragraph.
SEC. 506. ADMINISTRATION FUNCTIONS.
(a) Operational Units.--
(1) Direct support.--
(A) In general.--The 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 criteria.--In 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 reserve.--The
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 reserve.--
Until 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 approach.--The
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 general.--The Board of
Directors shall review on an annual
basis the loss rates of the portfolio
to determine the adequacy of the
reserves.
(II) Report.--Not 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 general.--To 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 review.--In 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 general.--No 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 standards.--With 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 general.--The 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 products.--The 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 interest.--The
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 general.--The 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
servicers.--For 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) Eligibility.--The 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 general.--The 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 actions.--On 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 general.--The 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) Objectives.--Determinations 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 securities.--All 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 general.--The 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) Administration.--In 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.
SEC. 507. FEDERAL CREDIT AUTHORITY.
(a) Transfer of Functions and Authority.--
(1) In general.--Subject 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 functions.--If 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 obligations.--The
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 general.--On 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 expenses.--Effective 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 general.--Amounts 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) Liability.--All 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 general.--On 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 acceptance.--The 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 appropriations.--In 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 general.--Any 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) Security.--Subject 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 general.--Consistent with achieving the purposes of
this subtitle, the Administrator shall charge fees or collect
compensation generally in accordance with commercial rates.
(2) Availability of fees.--All 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 technologies.--The 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 arrangements.--The 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 Authority.--Amounts 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 Authority.--In 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 Transactions.--For 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 Holding.--The 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 Return.--Each 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 Obligations.--The 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 Transactions.--All 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.
SEC. 508. GENERAL PROVISIONS.
(a) Immunity From Impairment, Limitation, or Restriction.--
(1) In general.--All 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 law.--The 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 Agencies.--With 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) Procurement.--The 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) Investments.--Funds of the Administration may be
invested in such investments as the Board of Directors may
prescribe.
(2) Fiscal agents.--Any 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) Jurisdiction.--Notwithstanding 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 Reports.--Not 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 general.--The 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) Access.--The 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 general.--For 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 general.--On 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) Crediting.--Such 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 general.--The 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) Content.--In 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 general.--The 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 reports.--Each 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 reports.--The 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) Accuracy.--Each 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 reports.--Reports 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 obligations.--The Administrator shall not initiate
any new obligations under this subtitle on or after January 1,
2029.
(2) Reversion to secretary.--The authorities and
obligations of the Administration shall revert to the Secretary
on January 1, 2029.
Subtitle B--Tax Provisions
SEC. 511. ADVANCED ENERGY MANUFACTURING CREDIT.
(a) In General.--Subsection (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 general.--Not 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) Limitation.--The 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 rules.--Rules 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) Certification.--Applicants shall have
2 years from the date that the Secretary
establishes such program to submit
applications.
``(ii) Selection criteria.--For 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 redistribution.--The
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 amount.--For purposes of this
subsection, the term `2011 allocation amount' means
$5,000,000,000.
``(E) Direct payments.--In 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 Program.--Subparagraph (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 Amendment.--Paragraph (2) of section 1324(b) of
title 31, United States Code, is amended by inserting ``48C(d)(6)(E),''
after ``36C,''.
SEC. 512. SPECIAL RULE FOR SALES OF ELECTRIC TRANSMISSION PROPERTY.
Paragraph (3) of section 451(i) of the Internal Revenue Code of
1986 is amended by striking ``January 1, 2012'' and inserting ``January
1, 2017''.
SEC. 513. DEPRECIATION OF NATURAL GAS DISTRIBUTION LINES.
(a) In General.--Clause (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 Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2010.
SEC. 514. CREDIT FOR STEEL INDUSTRY FUEL.
(a) Credit Period.--
(1) In general.--Subclause (II) of section 45(e)(8)(D)(ii)
is amended to read as follows:
``(II) Credit period.--In 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 amendment.--Section 45(e)(8)(D) is amended
by striking clause (iii) and by redesignating clause (iv) as
clause (iii).
(b) Extension of Placed-in-Service Date.--Subparagraph (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 fuel.--Subclause (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 interest.--Section 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 sale.--Subparagraph (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 sale.--The 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
Exclusion.--Subclause (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 general.--The amendments made by subsections (a),
(b), and (d) shall apply to fuel produced and sold after
December 31, 2009.
(2) Clarifications.--The amendments made by subsection (c)
shall take effect as if included in the amendments made by the
Energy Improvement and Extension Act of 2008.
SEC. 515. CREDIT FOR PRODUCING FUEL FROM COKE OR COKE GAS.
(a) In General.--Paragraph (1) of section 45K(g) is amended by
striking ``January 1, 2010'' and inserting ``January 1, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to facilities placed in service after December 31, 2009.
TITLE VI--ENERGY EFFICIENCY
Subtitle A--Rural Energy Savings Program
SEC. 601. RURAL ENERGY SAVINGS PROGRAM.
Title IX of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8101 et seq.) is amended by adding the following:
``SEC. 9014. RURAL ENERGY SAVINGS PROGRAM.
``(a) Purpose.--The 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) Definitions.--In this section:
``(1) Eligible entity.--The 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 measures.--The 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 consumer.--The 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 entity.--The 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) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Rural Utilities Service.
``(c) Loans and Grants to Eligible Entities.--
``(1) Loans authorized.--Subject 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 general.--As 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
measures.--An 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 programs.--An
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 interest.--A loan under this subsection shall bear
no interest.
``(4) Repayment.--A 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 advances.--The 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 grants.--The 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 loans.--Loans 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) Contractors.--In 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 required.--Not 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 authorized.--A 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 required.--The 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 implementation.--The 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 nationally.--Nothing
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 authority.--The
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 Authority.--The 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 general.--There 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, staffing.--Of 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 Period.--Subject 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 general.--Except 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) Procedure.--The 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 rulemaking.--In
carrying out this section, the Secretary shall use the
authority provided under section 808 of title 5, United States
Code.
``(4) Interim regulations.--Notwithstanding 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.''.
Subtitle B--Tax Provisions
SEC. 611. ENERGY-EFFICIENT COMMERCIAL BUILDINGS.
(a) Increase in Deduction.--
(1) In general.--Subparagraph (A) of section 179D(b)(1) of
the Internal Revenue Code of 1986 is amended by striking
``$1.80'' and inserting ``$3.00''.
(2) Partial allowance.--Clause (ii) of section
179D(d)(1)(A) of such Code is amended by striking ``$.60'' and
inserting ``$1.50''.
(b) Extension.--Subsection (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 Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2010.
SEC. 612. ENERGY-EFFICIENT NEW HOMES.
(a) In General.--Subsection (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 Date.--The amendment made by this section shall apply
to homes acquired after December 31, 2011.
SEC. 613. ENERGY-EFFICIENT EXISTING HOMES.
(a) In General.--Paragraph (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 Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2011.
SEC. 614. ENERGY-EFFICIENT APPLIANCES.
(a) In General.--Section 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 general.--Within 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 determination.--The 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) Payment.--The 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 payment.--The
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 allowed.--No 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 amount.--For purposes of this
subsection, the reduced credit amount is 85 percent.
TITLE VII--ENERGY RESEARCH AND DEVELOPMENT
SEC. 701. NEXT STEP ENERGY STORAGE RESEARCH CENTER.
(a) Establishment.--The 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 Activities.--The 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 Funds.--Amounts 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 general.--Annually, 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) Penalty.--If 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 Appropriations.--There 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.
SEC. 702. NUCLEAR POWER INITIATIVES.
Section 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) Definitions.--In this subsection:
``(A) Chairman.--The term `Chairman' means the
Chairman of the Commission.
``(B) Commission.--The term `Commission' means the
Nuclear Regulatory Commission.
``(C) Small modular reactor.--The term `small
modular reactor' means a nuclear reactor with a rated
capacity of less than 300 electrical megawatts.
``(2) Duty of secretary.--Not 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 chairman.--To 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 design.--The 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 requirements.--In 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 secretary.--Not 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 focus.--In 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 general.--In 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 general.--In 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) Requirements.--The 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 center.--In
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 general.--Not 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 general.--In 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 initiatives.--In 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) Report.--Not 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 general.--Not 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) Requirements.--In 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 appropriations.--There 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.''.
TITLE VIII--BUDGETARY EFFECTS
SEC. 801. BUDGETARY EFFECTS.
The 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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