SenateS. 5641119th Congress
Opportunities for Nuclear Energy Investment Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5641 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5641
To amend the Internal Revenue Code of 1986 to expand the meaning and
eligibility of energy communities for purposes of the increased
renewable electricity production and increased clean electricity
investment credit rates, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2026
Mr. Scott of South Carolina introduced the following bill; which was
read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to expand the meaning and
eligibility of energy communities for purposes of the increased
renewable electricity production and increased clean electricity
investment credit rates, 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.
This Act may be cited as the ``Opportunities for Nuclear Energy
Investment Act''.
SEC. 2. NUCLEAR COMMUNITIES DEFINITION AND APPLICABILITY.
(a) Definition of Nuclear Communities.--Clause (iv) of section
45(b)(11)(B) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(iv) for purposes of any qualified
facility which is an advanced nuclear facility,
a metropolitan statistical area or non-
metropolitan statistical area which has (or, at
any time during the period beginning after
December 31, 2009, had) 0.17 percent or
greater--
``(I) direct employment related to
the advancement of nuclear power,
including employment related to--
``(aa) an advanced nuclear
facility,
``(bb) advanced nuclear
power research and development,
``(cc) nuclear fuel cycle
research, development, or
production, including mining,
enrichment, manufacture,
storage, disposal, or recycling
of nuclear fuel, and
``(dd) the manufacturing or
assembly of components used in
an advanced nuclear facility,
plus
``(II) indirect or induced
employment related to the planning,
licensing, engineering, procurement,
site preparation, construction, and
commissioning of an advanced nuclear
facility.''.
(b) Special Rule for Beginning of Construction for Advanced Nuclear
Facilities.--Section 45(b)(11)(C) of such Code is amended by adding at
the end the following new clause:
``(iii) Special rule for beginning of
construction.--For purposes of this paragraph,
if construction of an advanced nuclear facility
begins in an area which, as of the date on
which construction of such facility begins,
satisfies the requirements under any clause in
subparagraph (B), such facility shall be deemed
to be located in an energy community for the
entirety of the 10-year period beginning on the
date the facility was originally placed in
service.''.
(c) Applicability of Definition of Nuclear Communities.--Section
48E(a)(3)(A)(i) of such Code is amended by striking ``, as applied
without regard to clause (iv) thereof''.
(d) Effective Dates.--
(1) Definition of nuclear communities.--Except as provided
under paragraph (2), the amendments made by this section shall
take effect as if included in section 70512(f)(1) of Public Law
119-21.
(2) Applicability of definition of nuclear communities.--
The amendment made by subsection (c) shall take effect as if
included in section 70512(f)(2) of Public Law 119-21.
SEC. 3. EXPANSION OF ADVANCED MANUFACTURING PRODUCTION CREDIT TO
INCLUDE DISTRIBUTION TRANSFORMERS AND LARGE POWER
TRANSFORMERS.
(a) In General.--Section 45X of the Internal Revenue Code of 1986
is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (L)(ii), by striking ``and'' at
the end,
(B) in subparagraph (M), by striking the period at
the end and inserting ``, and'', and
(C) by adding at the end the following new
subparagraph:
``(N) in the case of any distribution transformer
or large power transformer, an amount equal to 10
percent of the costs incurred by the taxpayer with
respect to production of such transformer.'', and
(2) in subsection (c)--
(A) in paragraph (1)(A)--
(i) in clause (iv), by striking ``and'' at
the end,
(ii) in clause (v), by striking the period
at the end and inserting ``, and'', and
(iii) by adding at the end the following
new clause:
``(vi) any distribution transformer or
large power transformer.'', and
(B) by adding at the end the following new
paragraph:
``(7) Transformers.--
``(A) Distribution transformer.--The term
`distribution transformer' has the same meaning given
such term under section 321(35) of the Energy Policy
and Conservation Act (42 U.S.C. 6291(35)).
``(B) Large power transformer.--The term `large
power transformer' means a device that functions to
transfer electrical energy between 2 or more circuits
through electromagnetic induction at the same or
different voltage levels within and among the bulk-
power system (as defined in section 215(a) of the
Federal Power Act (16 U.S.C. 824o(a))).''.
(b) Effective Date.--The amendments made by this section shall
apply to components produced and sold after the date which is 90 days
after the date of enactment of this Act.
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