I 

111TH CONGRESS 

2D SESSION H. R. 4741 

To amend the Energy Policy Act of 2005 to create the right business environment for doubling production of clean nuclear energy and other clean 

energy and to create mini-Manhattan projects for clean energy research 

and development. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2010 

Mr. FATTAH introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

Science and Technology and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Energy Policy Act of 2005 to create the 

right business environment for doubling production of 

clean nuclear energy and other clean energy and to create mini-Manhattan projects for clean energy research 

and development. 

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 ‘‘Clean Energy Act of 

5 2010’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) nuclear energy provides— 

4 (A) approximately 19 percent of the elec5 tricity of the United States; and 

6 (B) approximately 70 percent of the car7 bon-dioxide free electricity of the United States; 

8 (2) nuclear energy has the lowest land-use re9 quirements per megawatt of any electricity gener10 ating source; 

11 (3) the majority of the 104 operating reactors 

12 located in the United States were constructed during 

13 a 20-year time period beginning in 1970 and ending 

14 in 1990; and 

15 (4) a broader deployment of nuclear energy (in16 cluding novel methods such as the development of 

17 small reactors and advanced fuel cycles) would 

18 greatly improve the ability of the United States— 

19 (A) to reduce greenhouse gas emissions; 

20 and 

21 (B) to maintain low electricity prices. 

22 SEC. 3. REVISIONS TO LOAN GUARANTEE PROGRAM AU23 THORITY. 

24 (a) DEFINITION OF COMMERCIAL TECHNOLOGY.— 

25 Section 1701(1) of the Energy Policy Act of 2005 (42 


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1 U.S.C. 16511(1)) is amended by striking subparagraph 

2 (B) and inserting the following: 

3 ‘‘(B) EXCLUSION.—The term ‘commercial 

4 technology’ does not include a technology if the 

5 sole use of the technology is in connection 

6 with— 

7 ‘‘(i) a demonstration project; or 

8 ‘‘(ii) a project for which the Secretary 

9 approved a loan guarantee.’’. 

10 (b) SUBROGATION.—Section 1702(g)(2) of the En11 ergy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) is 

12 amended by striking subparagraphs (B) and (C) and in13 serting the following: 

14 ‘‘(B) SUPERIORITY OF RIGHTS.—Except as 

15 provided in subparagraph (C), the rights of the 

16 Secretary, with respect to any property ac17 quired pursuant to a guarantee or related 

18 agreements, shall be superior to the rights of 

19 any other person with respect to the property. 

20 ‘‘(C) TERMS AND CONDITIONS.—A guar21 antee agreement shall include such detailed 

22 terms and conditions as the Secretary deter23 mines appropriate to— 

24 ‘‘(i) protect the interests of the United 

25 States in the case of default; 


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1 ‘‘(ii) have available all the patents and 

2 technology necessary for any person se3 lected, including the Secretary, to complete 

4 and operate the project; 

5 ‘‘(iii) provide for sharing the proceeds 

6 received from the sale of project assets 

7 with other creditors or control the disposi8 tion of project assets if necessary to pro9 tect the interests of the United States in 

10 the case of default; and 

11 ‘‘(iv) provide such lien priority in 

12 project assets as necessary to protect the 

13 interests of the United States in the case 

14 of a default.’’. 

15 (c) FEES.—Section 1702(h) of the Energy Policy Act 

16 of 2005 (42 U.S.C. 16512(h)) is amended by striking 

17 paragraph (2) and inserting the following: 

18 ‘‘(2) AVAILABILITY.—Fees collected under this 

19 subsection shall remain available to the Secretary for 

20 expenditure, without further appropriation or fiscal 

21 year limitation, for administrative expenses incurred 

22 in carrying out this title. 

23 ‘‘(3) ADJUSTMENT.—The Secretary may adjust 

24 the amount or manner of collection of fees under 

25 this title as the Secretary determines is necessary to 


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1 promote, to the maximum extent practicable, eligible 

2 projects under this title. 

3 ‘‘(4) EXCESS FEES.—Of the amount of a fee 

4 imposed on an applicant at the conditional commit5 ment stage, 75 percent of the amount shall be re6 fundable to the applicant if there is no financial 

7 close on the application, unless the Secretary deter8 mines that the administrative costs of the Depart9 ment have exceeded the amount retained. 

10 ‘‘(5) CREDIT REPORT.—If, in the opinion of the 

11 Secretary, the credit rating of an applicant is not 

12 relevant to the determination of whether or not sup13 port will be provided and the applicant agrees to ac14 cept the credit rating assigned to the applicant by 

15 the Secretary, the Secretary may waive any require16 ment to provide a third-party credit report.’’. 

17 (d) PROCESSING.—Section 1702 of the Energy Policy 

18 Act of 2005 (42 U.S.C. 16512) is amended by adding at 

19 the end the following: 

20 ‘‘(k) ACCELERATED REVIEWS.—To the maximum ex21 tent practicable and consistent with sound business prac22 tices, the Secretary shall seek to conduct necessary reviews 

23 concurrently of an application for a loan guarantee under 

24 this title such that decisions as to whether to enter into 

25 a commitment on the application can be issued not later 


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1 than 180 days after the date of submission of a completed 

2 application.’’. 

3 (e) ELIGIBLE PROJECTS.—Section 1703(b)(4) of the 

4 Energy Policy Act of 2005 (42 U.S.C. 16513(b)(4)) is 

5 amended by inserting ‘‘(including nuclear power parts, 

6 services, and fuel suppliers)’’ after ‘‘energy facilities’’. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) 

9 is amended— 

10 (1) by redesignating subsection (b) as sub11 section (c); and 

12 (2) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) USE OF FUNDS.—Of the funds made available 

15 under subsection (a), not less than $10,000,000,000 shall 

16 be used to cover the costs of subsidies under this title.’’. 

17 SEC. 4. NUCLEAR REGULATORY COMMISSION. 

18 (a) SENSE OF CONGRESS REGARDING BLUE-RIBBON

19 PANEL FOR DEVELOPMENT OF FEDERAL NUCLEAR

20 WASTE POLICY.—It is the sense of Congress that Con21 gress supports the convening by the President of a blue22 ribbon panel for the development of a Federal nuclear 

23 waste policy. 

24 (b) SMALL NUCLEAR REACTOR DESIGN DEVELOP25 MENT.—Section 952(c) of the Energy Policy Act of 2005 


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1 (42 U.S.C. 16272(c)) is amended by adding at the end 

2 the following: 

3 ‘‘(3) SMALL NUCLEAR REACTOR DESIGN DE4 VELOPMENT.— 

5 ‘‘(A) IN GENERAL.—In carrying out the 

6 Program, in accordance with subparagraph (B), 

7 the Secretary shall offer to enter into coopera8 tive agreements with reactor manufacturers and 

9 electric utilities to license nuclear reactors— 

10 ‘‘(i) the electrical power capacity of 

11 which are less than 350 megawatts per 

12 unit; or 

13 ‘‘(ii) the thermal power capacity of 

14 which are less than 900 megawatts per 

15 unit. 

16 ‘‘(B) REQUIREMENTS.—In carrying out 

17 subparagraph (A), the Secretary shall— 

18 ‘‘(i) ensure that not more than 3 of 

19 the most technically and economically fea20 sible designs will be submitted to the Nu21 clear Regulatory Commission for design 

22 certification and licensing; and 

23 ‘‘(ii) with respect to a reactor, pay to 

24 the Nuclear Regulatory Commission 50 

25 percent of any fees arising from— 


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1 ‘‘(I) the design certification of 

2 the reactor; 

3 ‘‘(II) the first early site permit 

4 for the reactor; and 

5 ‘‘(III) the first combined oper6 ating license for the reactor. 

7 ‘‘(C) RESPONSIBILITY OF NUCLEAR REGU8 LATORY COMMISSION.—Not later than 90 days 

9 after the date of receipt of an application for a 

10 design certification, early site permit, or com11 bined operating license, the Nuclear Regulatory 

12 Commission shall submit to the appropriate 

13 committees of Congress a report regarding the 

14 status of the application. 

15 ‘‘(D) AUTHORIZATION OF APPROPRIA16 TIONS.—There is authorized to be appropriated 

17 to the Secretary to carry out this paragraph 

18 $200,000,000 for each of fiscal years 2011 

19 through 2015, to remain available until ex20 pended.’’. 

21 (c) CONSTRUCTION AND OPERATING LICENCES.— 

22 Section 182 of the Atomic Energy Act of 1954 (42 U.S.C. 

23 2232) is amended by adding at the end the following: 

24 ‘‘e. NUCLEAR WASTE CONFIDENCE.—In considering 

25 applications for the construction and operation of a nuVerDate Nov 24 2008 04:37 Mar 04, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4741.IH H4741

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1 clear facility submitted to the Commission under section 

2 103 or 104, the Commission shall consider that sufficient 

3 capacity will be available in a timely manner to dispose 

4 of spent nuclear fuel and high-level radioactive waste re5 sulting from the operation of the nuclear facility that is 

6 the subject of the application.’’. 

7 SEC. 5. FUNDING FOR WORKFORCE DEVELOPMENT AND 

8 RESEARCH. 

9 (a) NUCLEAR WORKFORCE EDUCATION.— 

10 (1) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to the Sec12 retary of Education to carry out the education of a 

13 nuclear workforce $100,000,000 for each of fiscal 

14 years 2011 through 2020, to remain available until 

15 expended. 

16 (2) USE OF FUNDS.—In using funds made 

17 available under paragraph (1), the Secretary of Edu18 cation, in consultation with the Secretary of Labor 

19 and the Secretary of Energy, shall— 

20 (A) carry out activities to educate and 

21 train craftsmen, engineers, operators, and other 

22 appropriate workers as determined to be nec23 essary by the Secretary of Education to ensure 

24 an adequate nuclear workforce; and 


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1 (B) make grants to develop educational 

2 and cooperative programs at— 

3 (i) secondary schools, as defined in 

4 section 9101 of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 

6 7801); and 

7 (ii) postsecondary institutions. 

8 (b) NUCLEAR REACTOR LIFETIME-EXTENSION RE9 SEARCH.—There is authorized to be appropriated to the 

10 Secretary of Energy to carry out nuclear reactor uprate 

11 and lifetime-extension research $50,000,000 for each of 

12 fiscal years 2011 through 2020, to remain available until 

13 expended. 

14 (c) CLEAN ENERGY RESEARCH AND DEVELOP15 MENT.— 

16 (1) AUTHORIZATION OF APPROPRIATIONS.— 

17 There is authorized to be appropriated to the Sec18 retary of Energy to carry out research and develop19 ment activities to advance clean energy 

20 $750,000,000 for each of fiscal years 2011 through 

21 2020, to remain available until expended. 

22 (2) USE OF FUNDS.—Of the funds made avail23 able under paragraph (1) for each of fiscal years 

24 2011 through 2020— 


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1 (A) $150,000,000 shall be used for the re2 search and development of liquid transportation 

3 biofuels other than ethanol; 

4 (B) $150,000,000 shall be used for the re5 search and development of marketable— 

6 (i) carbon dioxide capture, storage, or 

7 conversion; or 

8 (ii) beneficial reuses of carbon dioxide; 

9 (C) $150,000,000 shall be used for re10 search and development to reduce the cost of 

11 batteries for electric vehicles; 

12 (D) $150,000,000 shall be used for re13 search and development to make solar elec14 tricity cost-competitive with respect to tradi15 tional sources of electricity generation (includ16 ing coal); and 

17 (E) $150,000,000 shall be used for re18 search and development to recycle used nuclear 

19 fuel (including the research and development of 

20 Generation IV nuclear reactors that are de21 signed to consume recycled nuclear fuel). 

Æ 


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