I 
111TH CONGRESS 
2D SESSION 
H. R. 4741 
To amend the Energy Policy Act of 2005 to create the right business environ-
ment 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 Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Science and Technology and Education and Labor, for a period to be sub-
sequently 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 cre-
ate mini-Manhattan projects for clean energy research 
and development. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Energy Act of 
2010’’. 
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SEC. 2. FINDINGS. 
Congress finds that— 
(1) nuclear energy provides— 
(A) approximately 19 percent of the elec-
tricity of the United States; and 
(B) approximately 70 percent of the car-
bon-dioxide free electricity of the United States; 
(2) nuclear energy has the lowest land-use re-
quirements per megawatt of any electricity gener-
ating source; 
(3) the majority of the 104 operating reactors 
located in the United States were constructed during 
a 20-year time period beginning in 1970 and ending 
in 1990; and 
(4) a broader deployment of nuclear energy (in-
cluding novel methods such as the development of 
small reactors and advanced fuel cycles) would 
greatly improve the ability of the United States— 
(A) to reduce greenhouse gas emissions; 
and 
(B) to maintain low electricity prices. 
SEC. 3. REVISIONS TO LOAN GUARANTEE PROGRAM AU-
THORITY. 
(a) DEFINITION OF COMMERCIAL TECHNOLOGY.— 
Section 1701(1) of the Energy Policy Act of 2005 (42 
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U.S.C. 16511(1)) is amended by striking subparagraph 
(B) and inserting the following: 
‘‘(B) EXCLUSION.—The term ‘commercial 
technology’ does not include a technology if the 
sole use of the technology is in connection 
with— 
‘‘(i) a demonstration project; or 
‘‘(ii) a project for which the Secretary 
approved a loan guarantee.’’. 
(b) SUBROGATION.—Section 1702(g)(2) of the En-
ergy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) is 
amended by striking subparagraphs (B) and (C) and in-
serting the following: 
‘‘(B) SUPERIORITY OF RIGHTS.—Except as 
provided in subparagraph (C), the rights of the 
Secretary, with respect to any property ac-
quired pursuant to a guarantee or related 
agreements, shall be superior to the rights of 
any other person with respect to the property. 
‘‘(C) TERMS AND CONDITIONS.—A guar-
antee agreement shall include such detailed 
terms and conditions as the Secretary deter-
mines appropriate to— 
‘‘(i) protect the interests of the United 
States in the case of default; 
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‘‘(ii) have available all the patents and 
technology necessary for any person se-
lected, including the Secretary, to complete 
and operate the project; 
‘‘(iii) provide for sharing the proceeds 
received from the sale of project assets 
with other creditors or control the disposi-
tion of project assets if necessary to pro-
tect the interests of the United States in 
the case of default; and 
‘‘(iv) provide such lien priority in 
project assets as necessary to protect the 
interests of the United States in the case 
of a default.’’. 
(c) FEES.—Section 1702(h) of the Energy Policy Act 
of 2005 (42 U.S.C. 16512(h)) is amended by striking 
paragraph (2) and inserting the following: 
‘‘(2) AVAILABILITY.—Fees collected under this 
subsection shall remain available to the Secretary for 
expenditure, without further appropriation or fiscal 
year limitation, for administrative expenses incurred 
in carrying out this title. 
‘‘(3) ADJUSTMENT.—The Secretary may adjust 
the amount or manner of collection of fees under 
this title as the Secretary determines is necessary to 
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promote, to the maximum extent practicable, eligible 
projects under this title. 
‘‘(4) EXCESS FEES.—Of the amount of a fee 
imposed on an applicant at the conditional commit-
ment stage, 75 percent of the amount shall be re-
fundable to the applicant if there is no financial 
close on the application, unless the Secretary deter-
mines that the administrative costs of the Depart-
ment have exceeded the amount retained. 
‘‘(5) CREDIT REPORT.—If, in the opinion of the 
Secretary, the credit rating of an applicant is not 
relevant to the determination of whether or not sup-
port will be provided and the applicant agrees to ac-
cept the credit rating assigned to the applicant by 
the Secretary, the Secretary may waive any require-
ment to provide a third-party credit report.’’. 
(d) PROCESSING.—Section 1702 of the Energy Policy 
Act of 2005 (42 U.S.C. 16512) is amended by adding at 
the end the following: 
‘‘(k) ACCELERATED REVIEWS.—To the maximum ex-
tent practicable and consistent with sound business prac-
tices, the Secretary shall seek to conduct necessary reviews 
concurrently of an application for a loan guarantee under 
this title such that decisions as to whether to enter into 
a commitment on the application can be issued not later 
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than 180 days after the date of submission of a completed 
application.’’. 
(e) ELIGIBLE PROJECTS.—Section 1703(b)(4) of the 
Energy Policy Act of 2005 (42 U.S.C. 16513(b)(4)) is 
amended by inserting ‘‘(including nuclear power parts, 
services, and fuel suppliers)’’ after ‘‘energy facilities’’. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 
1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) 
is amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) USE OF FUNDS.—Of the funds made available 
under subsection (a), not less than $10,000,000,000 shall 
be used to cover the costs of subsidies under this title.’’. 
SEC. 4. NUCLEAR REGULATORY COMMISSION. 
(a) SENSE OF CONGRESS REGARDING BLUE-RIBBON 
PANEL
FOR
DEVELOPMENT
OF
FEDERAL
NUCLEAR 
WASTE POLICY.—It is the sense of Congress that Con-
gress supports the convening by the President of a blue- 
ribbon panel for the development of a Federal nuclear 
waste policy. 
(b) SMALL NUCLEAR REACTOR DESIGN DEVELOP-
MENT.—Section 952(c) of the Energy Policy Act of 2005 
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(42 U.S.C. 16272(c)) is amended by adding at the end 
the following: 
‘‘(3) SMALL
NUCLEAR
REACTOR
DESIGN
DE-
VELOPMENT.— 
‘‘(A) IN GENERAL.—In carrying out the 
Program, in accordance with subparagraph (B), 
the Secretary shall offer to enter into coopera-
tive agreements with reactor manufacturers and 
electric utilities to license nuclear reactors— 
‘‘(i) the electrical power capacity of 
which are less than 350 megawatts per 
unit; or 
‘‘(ii) the thermal power capacity of 
which are less than 900 megawatts per 
unit. 
‘‘(B) REQUIREMENTS.—In carrying out 
subparagraph (A), the Secretary shall— 
‘‘(i) ensure that not more than 3 of 
the most technically and economically fea-
sible designs will be submitted to the Nu-
clear Regulatory Commission for design 
certification and licensing; and 
‘‘(ii) with respect to a reactor, pay to 
the Nuclear Regulatory Commission 50 
percent of any fees arising from— 
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