II 

114TH CONGRESS 

1ST SESSION S. 1223 

To amend the Energy Policy Act of 2005 to improve the loan guarantee 

program for innovative technologies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 6, 2015 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Energy Policy Act of 2005 to improve the 

loan guarantee program for innovative technologies, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Loan Program 

5 Improvement Act of 2015’’. 

6 SEC. 2. BORROWER PAYMENT OF SUBSIDY COST. 

7 Section 1702 of the Energy Policy Act of 2005 (42 

8 U.S.C. 16512) is amended by striking subsection (b) and 

9 inserting the following: 


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1 ‘‘(b) BORROWER PAYMENT OF SUBSIDY COST.—No 

2 guarantee shall be made under subsection (a) unless the 

3 Secretary has received from the borrower a payment in 

4 full for the cost of the guarantee and deposited the pay5 ment into the Treasury.’’. 

6 SEC. 3. PROHIBITION ON SUBORDINATION OF DEBT. 

7 Section 1702(d)(3) of the Energy Policy Act of 2005 

8 (42 U.S.C. 16512(d)(3)) is amended by striking ‘‘is not 

9 subordinate’’ and inserting ‘‘(including any reorganiza10 tion, restructuring, or termination of the obligation) shall 

11 not at any time be subordinate’’. 

12 SEC. 4. LOAN PROGRAM TRANSPARENCY. 

13 Section 1703 of the Energy Policy Act of 2005 (42 

14 U.S.C. 16513) is amended by adding at the end the fol15 lowing: 

16 ‘‘(f) LOAN STATUS.— 

17 ‘‘(1) REQUEST.—If the Secretary does not 

18 make a final decision on an application for a loan 

19 guarantee under this section by the date that is 270 

20 days after receipt of the application by the Sec21 retary, on that date and every 90 days thereafter 

22 until the final decision is made, the applicant may 

23 request that the Secretary provide to the applicant 

24 a description of the status of the application. 


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1 ‘‘(2) RESPONSE.—Not later than 10 days after 

2 receiving a request from an applicant under para3 graph (1), the Secretary shall provide to the appli4 cant a response that includes— 

5 ‘‘(A) a summary of any factors that are 

6 delaying a final decision on the application; and 

7 ‘‘(B) an estimate of when review of the ap8 plication will be completed.’’. 

9 SEC. 5. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT 

10 OF RENEWABLE ENERGY AND ELECTRIC 

11 POWER TRANSMISSION PROJECTS. 

12 (a) REPEAL.—Section 1705 of the Energy Policy Act 

13 of 2005 (42 U.S.C. 16516) is repealed. 

14 (b) RESCISSION.—There is rescinded the unobligated 

15 balance of amounts made available to carry out the loan 

16 guarantee program established under section 1705 of the 

17 Energy Policy Act of 2005 (42 U.S.C. 16516) (before the 

18 amendment made by subsection (a)). 

19 (c) MANAGEMENT.—The Secretary of Energy shall 

20 ensure rigorous continued management and oversight of 

21 all outstanding loans guaranteed under the program de22 scribed in subsection (b) until those loans have been repaid 

23 in full. 

Æ 


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