[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2776 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2776

  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 SENATE OF THE UNITED STATES

                           November 16, 2009

Mr. Alexander (for himself and Mr. Webb) 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 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Energy Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) nuclear energy provides--
                    (A) approximately 19 percent of the electricity of 
                the United States; and
                    (B) approximately 70 percent of the carbon-dioxide 
                free electricity of the United States;
            (2) nuclear energy has the lowest land-use requirements per 
        megawatt of any electricity generating 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 (including 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 AUTHORITY.

    (a) Definition of Commercial Technology.--Section 1701(1) of the 
Energy Policy Act of 2005 (42 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 Energy Policy Act of 
2005 (42 U.S.C. 16512(g)(2)) is amended by striking subparagraphs (B) 
and (C) and inserting the following:
                    ``(B) Superiority of rights.--Except as provided in 
                subparagraph (C), the rights of the Secretary, with 
                respect to any property acquired 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 guarantee agreement 
                shall include such detailed terms and conditions as the 
                Secretary determines appropriate to--
                            ``(i) protect the interests of the United 
                        States in the case of default;
                            ``(ii) have available all the patents and 
                        technology necessary for any person selected, 
                        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 disposition of 
                        project assets if necessary to protect 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 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 commitment stage, 75 percent of 
        the amount shall be refundable to the applicant if there is no 
        financial close on the application, unless the Secretary 
        determines that the administrative costs of the Department 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 support will be provided and 
        the applicant agrees to accept the credit rating assigned to 
        the applicant by the Secretary, the Secretary may waive any 
        requirement 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 extent practicable and 
consistent with sound business practices, 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 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 subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(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 
Congress 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 Development.--Section 952(c) of 
the Energy Policy Act of 2005 (42 U.S.C. 16272(c)) is amended by adding 
at the end the following:
            ``(3) Small nuclear reactor design development.--
                    ``(A) In general.--In carrying out the Program, in 
                accordance with subparagraph (B), the Secretary shall 
                offer to enter into cooperative 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 feasible 
                        designs will be submitted to the Nuclear 
                        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--
                                    ``(I) the design certification of 
                                the reactor;
                                    ``(II) the first early site permit 
                                for the reactor; and
                                    ``(III) the first combined 
                                operating license for the reactor.
                    ``(C) Responsibility of nuclear regulatory 
                commission.--Not later than 90 days after the date of 
                receipt of an application for a design certification, 
                early site permit, or combined operating license, the 
                Nuclear Regulatory Commission shall submit to the 
                appropriate committees of Congress a report regarding 
                the status of the application.
                    ``(D) Authorization of appropriations.--There is 
                authorized to be appropriated to the Secretary to carry 
                out this paragraph $200,000,000 for each of fiscal 
                years 2011 through 2015, to remain available until 
                expended.''.
    (c) Construction and Operating Licences.--Section 182 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2232) is amended by adding at the end the 
following:
    ``e. Nuclear Waste Confidence.--In considering applications for the 
construction and operation of a nuclear facility submitted to the 
Commission under section 103 or 104, the Commission shall consider that 
sufficient capacity will be available in a timely manner to dispose of 
spent nuclear fuel and high-level radioactive waste resulting from the 
operation of the nuclear facility that is the subject of the 
application.''.

SEC. 5. FUNDING FOR WORKFORCE DEVELOPMENT AND RESEARCH.

    (a) Nuclear Workforce Education.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary of Education to carry out 
        the education of a nuclear workforce $100,000,000 for each of 
        fiscal years 2011 through 2020, to remain available until 
        expended.
            (2) Use of funds.--In using funds made available under 
        paragraph (1), the Secretary of Education, in consultation with 
        the Secretary of Labor and the Secretary of Energy, shall--
                    (A) carry out activities to educate and train 
                craftsmen, engineers, operators, and other appropriate 
                workers as determined to be necessary by the Secretary 
                of Education to ensure an adequate nuclear workforce; 
                and
                    (B) make grants to develop educational and 
                cooperative programs at--
                            (i) secondary schools, as defined in 
                        section 9101 of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 7801); and
                            (ii) postsecondary institutions.
    (b) Nuclear Reactor Lifetime-Extension Research.--There is 
authorized to be appropriated to the Secretary of Energy to carry out 
nuclear reactor uprate and lifetime-extension research $50,000,000 for 
each of fiscal years 2011 through 2020, to remain available until 
expended.
    (c) Clean Energy Research and Development.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary of Energy to carry out 
        research and development activities to advance clean energy 
        $750,000,000 for each of fiscal years 2011 through 2020, to 
        remain available until expended.
            (2) Use of funds.--Of the funds made available under 
        paragraph (1) for each of fiscal years 2011 through 2020--
                    (A) $150,000,000 shall be used for the research and 
                development of liquid transportation biofuels other 
                than ethanol;
                    (B) $150,000,000 shall be used for the research and 
                development of marketable--
                            (i) carbon dioxide capture, storage, or 
                        conversion; or
                            (ii) beneficial reuses of carbon dioxide;
                    (C) $150,000,000 shall be used for research and 
                development to reduce the cost of batteries for 
                electric vehicles;
                    (D) $150,000,000 shall be used for research and 
                development to make solar electricity cost-competitive 
                with respect to traditional sources of electricity 
                generation (including coal); and
                    (E) $150,000,000 shall be used for research and 
                development to recycle used nuclear fuel (including the 
                research and development of Generation IV nuclear 
                reactors that are designed to consume recycled nuclear 
                fuel).
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