II
119th CONGRESS
2d Session
S. 5641
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.
Short title
This Act may be cited as the Opportunities for Nuclear Energy Investment Act
.
Nuclear communities definition and applicability
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:
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—
direct employment related to the advancement of nuclear power, including employment related to—
an advanced nuclear facility,
advanced nuclear power research and development,
nuclear fuel cycle research, development, or production, including mining, enrichment, manufacture, storage, disposal, or recycling of nuclear fuel, and
the manufacturing or assembly of components used in an advanced nuclear facility, plus
indirect or induced employment related to the planning, licensing, engineering, procurement, site preparation, construction, and commissioning of an advanced nuclear facility.
.
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:
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.
.
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
.
Effective dates
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.
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.
Expansion of advanced manufacturing production credit to include distribution transformers and large power transformers
In general
Section 45X of the Internal Revenue Code of 1986 is amended—
in subsection (b)(1)—
in subparagraph (L)(ii), by striking and
at the end,
in subparagraph (M), by striking the period at the end and inserting , and
, and
by adding at the end the following new subparagraph:
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
in subsection (c)—
in paragraph (1)(A)—
in clause (iv), by striking and
at the end,
in clause (v), by striking the period at the end and inserting , and
, and
by adding at the end the following new clause:
any distribution transformer or large power transformer.
, and
by adding at the end the following new paragraph:
Transformers
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)).
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))).
.
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.