243 
$5,000,000 for fiscal year 2010 and each fiscal 
year thereafter. 
(8) SMALL
BUSINESS
LOANS.—The Adminis-
trator of the Small Business Administration shall, to 
the maximum practicable, expedite consideration of 
applications from eligible small business concerns for 
loans under the Small Business Act (15 U.S.C. 631 
et seq.) for loans to implement recommendations of 
any industrial research and assessment center, Clean 
Energy Application Center, or Building Assessment 
Center. 
(9) DEFINITIONS.—In this subsection: 
(A) INDUSTRIAL
RESEARCH
AND
ASSESS-
MENT CENTER.—The term ‘‘industrial research 
and assessment center’’ means a center estab-
lished or maintained pursuant to section 452(e) 
of the Energy Independence and Security Act of 
2007 (42 U.S.C. 17111(e)). 
(B) CLEAN
ENERGY
APPLICATION
CEN-
TER.—The term ‘‘Clean Energy Application 
Center’’ means a center redesignated and de-
scribed section under section 375 of the Energy 
Policy and Conservation Act (42 U.S.C. 6345). 
(C) BUILDING ASSESSMENT CENTER.—The 
term ‘‘Building Assessment Center’’ means an 
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244 
institution of higher education-based center es-
tablished pursuant to section 172. 
(D) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Energy. 
(10) FUNDING.—There are authorized to be ap-
propriated to the Secretary to carry out this sub-
section $10,000,000 for fiscal year 2010 and each fis-
cal year thereafter. Subject to the availability of ap-
propriations, of the funds made available to carry out 
this subsection, the Secretary shall provide to each 
Center for Energy and Environmental Knowledge 
and Outreach not less than $500,000 for fiscal year 
2010 and each fiscal year thereafter. 
(b) INTEGRATION OF OTHER TECHNICAL ASSISTANCE 
PROGRAMS.— 
(1) CLEAN
ENERGY
APPLICATION
CENTERS.— 
Section 375 of the Energy Policy and Conservation 
Act (42 U.S.C. 6345) is amended— 
(A) by redesignating subsection (f) as sub-
section (g); and 
(B) by adding after subsection (e) the fol-
lowing new subsection: 
‘‘(f) COORDINATION WITH CENTERS FOR ENERGY AND 
ENVIRONMENTAL KNOWLEDGE AND OUTREACH.—A Clean 
Energy Application Center may serve as a Center for En-
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245 
ergy and Environmental Knowledge and Outreach estab-
lished pursuant to section 173 of the American Clean En-
ergy and Security Act of 2009.’’. 
(2) INDUSTRIAL
RESEARCH
AND
ASSESSMENT 
CENTERS.—Section 452(e) of the Energy Independ-
ence and Security Act of 2007 (42 U.S.C. 17111(e)) 
is amended— 
(A) by striking ‘‘The Secretary’’ and all 
that follows through ‘‘shall be—’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary shall provide 
funding to institution of higher education-based in-
dustrial research and assessment centers, whose pur-
poses shall be—’’; 
(B) 
by 
redesignating 
paragraphs 
(1) 
through (5) as subparagraphs (A) through (E), 
respectively (and by moving the margins of such 
subparagraphs 2 ems to the right); and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) COORDINATION WITH CENTERS FOR ENERGY 
AND ENVIRONMENTAL KNOWLEDGE AND OUTREACH.— 
An industrial research and assessment center may 
serve as a Center for Energy and Environmental 
Knowledge and Outreach established pursuant to sec-
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246 
tion 173 of the American Clean Energy and Security 
Act of 2009.’’. 
(c) ADDITIONAL FUNDING FOR CLEAN ENERGY APPLI-
CATION CENTERS.—Subsection (g) of section 375 of the En-
ergy Policy and Conservation Act (42 U.S.C. 6345(f)), as 
redesignated by subsection (b)(1) of this section, is amended 
by striking ‘‘$10,000,000 for each of fiscal years 2008 
through 2012’’ and inserting ‘‘$30,000,000 for fiscal year 
2010 and each fiscal year thereafter’’. 
Subtitle I—Nuclear and Advanced 
Technologies 
SEC. 181. REVISIONS TO LOAN GUARANTEE PROGRAM AU-
THORITY. 
(a) DEFINITION OF CONDITIONAL COMMITMENT.—Sec-
tion 1701 of the Energy Policy Act of 2005 (42 U.S.C. 
16511), as amended by section 130(a) of this Act, is amend-
ed by adding after paragraph (7) the following: 
‘‘(8) CONDITIONAL
COMMITMENT.—The term 
‘conditional commitment’ means a final term sheet 
negotiated between the Secretary and a project spon-
sor or sponsors, which term sheet shall be binding on 
both parties and become a final loan guarantee agree-
ment if all conditions precedent established in the 
term sheet, which shall include the acquisition of all 
necessary permits and licenses, are satisfied.’’. 
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247 
(b) 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— 
‘‘(A) an appropriation for the cost has been 
made; 
‘‘(B) the Secretary has received from the 
borrower a payment in full for the cost of the ob-
ligation and deposited the payment into the 
Treasury; or 
‘‘(C) a combination of appropriations or 
payments from the borrower has been made suffi-
cient to cover the cost of the obligation. 
‘‘(2) LIMITATION.—The source of payments re-
ceived 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.’’. 
(c) FEES.—Section 1702(h) of the Energy Policy Act 
of 2005 (42 U.S.C. 16512(h)) is amended by striking para-
graph (2) and inserting the following: 
‘‘(2) AVAILABILITY.—Fees collected under this 
subsection shall— 
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248 
‘‘(A) be deposited by the Secretary into a 
special fund in the Treasury to be known as the 
‘Incentives For Innovative Technologies Fund’; 
and 
‘‘(B) remain available to the Secretary for 
expenditure, without further appropriation or 
fiscal year limitation, for administrative ex-
penses incurred in carrying out this title.’’. 
(d) WAGE RATE REQUIREMENTS.—Section 1702 of the 
Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
by adding at the end the following new subsection: 
‘‘(k) WAGE RATE REQUIREMENTS.—No loan guar-
antee shall be made under this title unless the borrower has 
provided to the Secretary reasonable assurances that all la-
borers and mechanics employed by contractors and sub-
contractors in the performance of construction work fi-
nanced in whole or in part by the guaranteed loan 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. With respect 
to the labor standards specified in this subsection, the Sec-
retary of Labor shall have the authority and functions set 
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249 
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.’’. 
SEC. 182. PURPOSE. 
The purpose of sections 183 through 189 of this subtitle 
is to promote the domestic development and deployment of 
clean energy technologies required for the 21st century 
through the establishment of a self-sustaining Clean Energy 
Deployment Administration that will provide for an attrac-
tive investment environment through partnership with and 
support of the private capital market in order to promote 
access to affordable financing for accelerated and wide-
spread 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. 183. DEFINITIONS. 
In this subtitle: 
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250 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Clean Energy Deployment Adminis-
tration established by section 186. 
(2) ADVISORY
COUNCIL.—The term ‘‘Advisory 
Council’’ means the Energy Technology Advisory 
Council of the Administration. 
(3) BREAKTHROUGH
TECHNOLOGY.—The term 
‘‘breakthrough technology’’ means a clean energy tech-
nology that— 
(A) presents a significant opportunity to 
advance the goals developed under section 185, 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. 
(4) CLEAN
ENERGY
TECHNOLOGY.—The term 
‘‘clean energy technology’’ means a technology related 
to the production, use, transmission, storage, control, 
or conservation of energy— 
(A) that will contribute to a stabilization of 
atmospheric greenhouse gas concentrations thor-
ough reduction, avoidance, or sequestration of 
energy-related emissions and— 
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251 
(i) reduce the need for additional en-
ergy supplies by using existing energy sup-
plies with greater efficiency or by transmit-
ting, distributing, or transporting energy 
with greater effectiveness through the infra-
structure of the United States; or 
(ii) diversify the sources of energy sup-
ply of the United States to strengthen en-
ergy security and to increase supplies with 
a favorable balance of environmental effects 
if the entire technology system is considered; 
and 
(B) for which, as determined by the Admin-
istrator, insufficient commercial lending is 
available to allow for widespread deployment. 
(5) 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). 
(6) DIRECT LOAN.—The term ‘‘direct loan’’ has 
the meaning given the term in section 502 of the Fed-
eral Credit Reform Act of 1990 (2 U.S.C. 661a). 
(7) FUND.—The term ‘‘Fund’’ means the Clean 
Energy Investment Fund established by section 
184(a). 
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252 
(8) LOAN GUARANTEE.—The term ‘‘loan guar-
antee’’ has the meaning given the term in section 502 
of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a). 
(9) NATIONAL
LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given the term in 
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
15801). 
(10) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(11) 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. 
(12) TECHNOLOGY RISK.—The term ‘‘technology 
risk’’ means the risks during construction or oper-
ation associated with the design, development, and de-
ployment of clean energy technologies (including the 
cost, schedule, performance, reliability and mainte-
nance, and accounting for the perceived risk), from 
the perspective of commercial lenders, that may be in-
creased as a result of the absence of adequate histor-
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253 
ical construction, operating, or performance data 
from commercial applications of the technology. 
SEC. 184. CLEAN ENERGY INVESTMENT FUND. 
(a) 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— 
(1) such amounts as are deposited in the Fund 
under this subtitle; and 
(2) such sums as may be appropriated to supple-
ment the Fund. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Fund such sums as 
are necessary to carry out this subtitle. 
(c) EXPENDITURES FROM FUND.— 
(1) IN GENERAL.—Amounts in the Fund shall be 
available to the Administrator of the Administration 
for obligation without fiscal year limitation, to re-
main available until expended. 
(2) ADMINISTRATIVE EXPENSES.— 
(A) FEES.—Fees collected for administra-
tive expenses shall be available without limita-
tion to cover applicable expenses. 
(B) FUND.—To the extent that administra-
tive expenses are not reimbursed through fees, an 
amount not to exceed 1.5 percent of the amounts 
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254 
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 this subtitle. 
(d) TRANSFERS OF AMOUNTS.— 
(1) IN GENERAL.—The amounts required to be 
transferred to the Fund under this section 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. 
(2) ADJUSTMENTS.—Proper adjustment shall be 
made in amounts subsequently transferred to the ex-
tent prior estimates were in excess of or less than the 
amounts required to be transferred. 
SEC. 185. 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 section 
187 to promote— 
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255 
(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 insu-
late consumers from the volatility of world energy 
markets; 
(3) a domestic commercialization and manufac-
turing 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 en-
ergy; 
(7) domestic manufacturing of clean energy tech-
nologies on a scale that is sufficient to achieve price 
parity with conventional energy sources; 
(8) domestic production of commodities and ma-
terials (such as steel, chemicals, polymers, and ce-
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256 
ment) using clean energy technologies so that the 
United States will become a world leader in environ-
mentally sustainable production of the commodities 
and materials; 
(9) a robust, efficient, and interactive electricity 
transmission grid that will allow for the incorpora-
tion of clean energy technologies, distributed genera-
tion, and demand-response in each regional electric 
grid; 
(10) sufficient availability of financial products 
to allow owners and users of residential, retail, com-
mercial, and industrial buildings to make energy effi-
ciency and distributed generation technology invest-
ments with reasonable payback periods; and 
(11) such other goals as the Secretary, in con-
sultation with the Advisory Council, determines to be 
consistent with the purpose stated in section 182. 
(b) REVISIONS.—The Secretary shall revise the goals 
established under subsection (a), from time to time as ap-
propriate, to account for advances in technology and 
changes in energy policy. 
SEC. 186. CLEAN ENERGY DEPLOYMENT ADMINISTRATION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established in the De-
partment of Energy an administration to be known 
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257 
as the Clean Energy Deployment Administration, 
under the direction of the Administrator of the Ad-
ministration and the Board of Directors. 
(2) STATUS.— 
(A) IN GENERAL.—The Administration (in-
cluding officers, employees, and agents of the Ad-
ministration) shall not be responsible to, or sub-
ject to the authority, direction, or control of, any 
other officer, employee, or agent of the Depart-
ment of Energy other than the Secretary, acting 
through the Administrator of the Administra-
tion. 
(B) EXEMPTION FROM REORGANIZATION.— 
The Administration shall be exempt from the re-
organization authority provided under section 
643 of the Department of Energy Reorganization 
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 Deploy-
ment Administration;’’ after ‘‘Export-Im-
port Bank;’’; and 
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259 
Schedule under section 5313 of title 5, United 
States Code. 
(2) DUTIES.—The Administrator of the Admin-
istration 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 mainte-
nance of adequate capital and internal con-
trols (consistent with section 404 of the Sar-
banes-Oxley Act of 2002 (15 U.S.C. 7262)); 
(ii) the operations and activities of the 
Administration foster liquid, efficient, com-
petitive, and resilient energy and energy ef-
ficiency finance markets; 
(iii) the Administration carries out the 
purpose stated in section 182 only through 
activities that are authorized under and 
consistent with sections 182 through 189; 
and 
(iv) the activities of the Administra-
tion and the manner in which the Adminis-
tration is operated are consistent with the 
public interest; 
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312 
islature meets following establishment of a national 
energy efficiency building code. 
‘‘(3) VIOLATIONS.—Violations of this section 
shall be defined as follows: 
‘‘(A) If the building is subject to the re-
quirements of a State energy efficiency building 
code with respect to which a certification has 
been accepted by the Secretary under subsection 
(c)(2)(B) or a local energy efficiency building 
code with respect to which a certification has 
been accepted by the Secretary pursuant to sub-
section (e)(6)(B), a violation shall be determined 
pursuant to the relevant provisions of the State 
or local code. 
‘‘(B) If the building is subject to the re-
quirements of a national energy efficiency build-
ing code adopted under subsection (c)(1)(A)(i) or 
made applicable under paragraph (1) of this 
subsection, a violation shall be defined by the 
Secretary pursuant to subsection (g). 
‘‘(e) STATE ENFORCEMENT OF ENERGY EFFICIENCY 
BUILDING CODES.— 
‘‘(1) IN GENERAL.—Each State, or where appli-
cable under State law each local government, shall 
implement and enforce applicable State or local codes 
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