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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5866 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 5866

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 1, 2010

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
   To amend the Energy Policy Act of 2005 requiring the Secretary of 
Energy to carry out initiatives to advance innovation in nuclear energy 
   technologies, to make nuclear energy systems more competitive, to 
increase efficiency and safety of civilian nuclear power, and for other 
                               purposes.

    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 ``Nuclear Energy Research and 
Development Act of 2010''.

SEC. 2. OBJECTIVES.

    Section 951(a) of the Energy Policy Act of 2005 (42 U.S.C. 
16271(a)) is amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (5) through (11), respectively;
            (2) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) Reducing the costs of nuclear reactor systems.
            ``(3) Reducing used nuclear fuel and nuclear waste products 
        generated by civilian nuclear energy.
            ``(4) Supporting technological advances in areas that 
        industry by itself is not likely to undertake because of 
        technical and financial uncertainty.''; and
            (3) by inserting after paragraph (11), as so redesignated, 
        the following new paragraph:
            ``(12) Researching and developing technologies and 
        processes so as to improve and streamline the process by which 
        nuclear power systems meet Federal and State requirements and 
        standards.''.

SEC. 3. FUNDING.

    Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is 
further amended--
            (1) in subsection (b), by striking paragraphs (1) through 
        (3) and inserting the following:
            ``(1) $419,000,000 for fiscal year 2011;
            ``(2) $429,000,000 for fiscal year 2012; and
            ``(3) $439,000,000 for fiscal year 2013.''; and
            (2) in subsection (d)--
                    (A) by striking ``under subsection (a)'' and 
                inserting ``under subsection (b)'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) For activities under section 953--
                    ``(A) $201,000,000 for fiscal year 2011;
                    ``(B) $201,000,000 for fiscal year 2012; and
                    ``(C) $201,000,000 for fiscal year 2013.''; and
                    (C) by inserting after paragraph (3) the following 
                new paragraphs:
            ``(4) For activities under section 952, other than those 
        described in section 952(d)--
                    ``(A) $64,000,000 for fiscal year 2011;
                    ``(B) $64,000,000 for fiscal year 2012; and
                    ``(C) $64,000,000 for fiscal year 2013.
            ``(5) For activities under section 952(d)--
                    ``(A) $55,000,000 for fiscal year 2011;
                    ``(B) $65,000,000 for fiscal year 2012; and
                    ``(C) $75,000,000 for fiscal year 2013.
            ``(6) For activities under section 958--
                    ``(A) $99,000,000 for fiscal year 2011;
                    ``(B) $99,000,000 for fiscal year 2012; and
                    ``(C) $99,000,000 for fiscal year 2013.''.

SEC. 4. PROGRAM OBJECTIVES STUDY.

    Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is 
amended by adding at the end the following new subsection:
    ``(f) Program Objectives Study.--In furtherance of the program 
objectives listed in subsection (a) of this section, the Secretary 
shall, within one year after the date of enactment of this subsection, 
transmit to the Congress a report on the results of a study on the 
scientific and technical merit of major State requirements and 
standards, including moratoria, that delay or impede the further 
development and commercialization of nuclear power, and how the 
Department in implementing the programs can assist in overcoming such 
delays or impediments.''.

SEC. 5. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT PROGRAMS.

    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is 
amended by striking subsections (c) through (e) and inserting the 
following:
    ``(c) Reactor Concepts.--
            ``(1) In general.--The Secretary shall carry out a program 
        of research, development, demonstration, and commercial 
        application to advance nuclear power systems as well as 
        technologies to sustain currently deployed systems.
            ``(2) Designs and technologies.--In conducting the program 
        under this subsection, the Secretary shall examine advanced 
        reactor designs and nuclear technologies, including those 
        that--
                    ``(A) are economically competitive with other 
                electric power generation plants;
                    ``(B) have higher efficiency, lower cost, and 
                improved safety compared to reactors in operation as of 
                the date of enactment of the Nuclear Energy Research 
                and Development Act of 2010;
                    ``(C) utilize passive safety features;
                    ``(D) minimize proliferation risks;
                    ``(E) substantially reduce production of high-level 
                waste per unit of output;
                    ``(F) increase the life and sustainability of 
                reactor systems currently deployed;
                    ``(G) use improved instrumentation;
                    ``(H) are capable of producing large-scale 
                quantities of hydrogen or process heat; or
                    ``(I) minimize water usage or use alternatives to 
                water as a cooling mechanism.
            ``(3) International cooperation.--In carrying out the 
        program under this subsection, the Secretary shall seek 
        opportunities to enhance the progress of the program through 
        international cooperation through such organizations as the 
        Generation IV International Forum, or any other international 
        collaboration the Secretary considers appropriate.
            ``(4) Exceptions.--No funds authorized to be appropriated 
        to carry out the activities described in this subsection shall 
        be used to fund the activities authorized under sections 641 
        through 645.''.

SEC. 6. SMALL MODULAR REACTOR PROGRAM.

    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is 
further amended by adding at the end the following new subsection:
    ``(d) Small Modular Reactor Program.--
            ``(1) In general.--
                    ``(A) The Secretary shall carry out a small modular 
                reactor program to promote research, development, 
                demonstration, and commercial application of small 
                modular reactors, including through cost-shared 
                projects for commercial application of reactor systems 
                designs.
                    ``(B) The Secretary shall consult with and utilize 
                the expertise of the Secretary of the Navy in 
                establishing and carrying out such program.
                    ``(C) Activities may also include development of 
                advanced computer modeling and simulation tools, by 
                Federal and non-Federal entities, which demonstrate and 
                validate new design capabilities of innovative small 
                modular reactor designs.
            ``(2) Definition.--For the purposes of this subsection, the 
        term `small modular reactor' means a nuclear reactor--
                    ``(A) with a rated capacity of less than 300 
                electrical megawatts;
                    ``(B) with respect to which most parts can be 
                factory assembled and shipped as modules to a reactor 
                plant site for assembly; and
                    ``(C) that can be constructed and operated in 
                combination with similar reactors at a single site.
            ``(3) Limitation.--Demonstration activities carried out 
        under this section shall be limited to individual technologies 
        and systems, and shall not include demonstration of full 
        reactor systems or full plant operations.
            ``(4) Administration.--In conducting the small modular 
        reactor program, the Secretary may enter into cooperative 
        agreements to support small modular reactor designs that 
        enable--
                    ``(A) lower capital costs or increased access to 
                private financing in comparison to current large 
                reactor designs;
                    ``(B) reduced long-term radiotoxicity, mass, or 
                decay heat of the nuclear waste produced by generation;
                    ``(C) increased operating safety of nuclear 
                facilities;
                    ``(D) reduced dependence of reactor systems on 
                water resources;
                    ``(E) increased seismic resistance of nuclear 
                generation;
                    ``(F) reduced proliferation risks through 
                integrated safeguards and security proliferation 
                controls; and
                    ``(G) increased efficiency in reactor manufacturing 
                and construction.
            ``(5) Application.--To be eligible to enter into a 
        cooperative agreement with the Secretary under this subsection, 
        an applicant shall submit to the Secretary a proposal for the 
        small modular reactor project to be undertaken. The proposal 
        shall document--
                    ``(A) all partners and suppliers that will be 
                active in the small modular reactor project, including 
                a description of each partner or supplier's anticipated 
                domestic and international activities;
                    ``(B) measures to be undertaken to enable cost-
                effective implementation of the small modular reactor 
                project;
                    ``(C) an accounting structure approved by the 
                Secretary;
                    ``(D) all known assets that shall be contributed to 
                satisfy the cost-sharing requirement under paragraph 
                (6); and
                    ``(E) the extent to which the proposal will 
                increase domestic manufacturing activity, exports, or 
                employment.
            ``(6) Cost sharing.--Notwithstanding section 988, the 
        Secretary shall require the parties to a cooperative agreement 
        under this subsection to be responsible for not less than 50 
        percent of the costs of the small modular reactor project.
            ``(7) Calculation of cost sharing amount.--A recipient of 
        financial assistance under this section may not satisfy the 
        cost sharing requirement under paragraph (6) by using funds 
        received from the Federal Government through appropriation 
        Acts.
            ``(8) Project selection criteria.--The Secretary shall 
        consider the following factors in entering into a cooperative 
        agreement under this subsection:
                    ``(A) The domestic manufacturing capabilities of 
                the parties to the cooperative agreement and their 
                partners and suppliers.
                    ``(B) The viability of the reactor design and the 
                business plan or plans of the parties to the 
                cooperative agreement.
                    ``(C) The parties to the cooperative agreement's 
                potential to continue the development of small modular 
                reactors without Federal subsidies or loan guarantees.
                    ``(D) The cost share to be provided.
                    ``(E) The degree to which the following goals will 
                be advanced:
                            ``(i) Lower capital costs or increased 
                        access to private financing in comparison to 
                        current large reactor designs.
                            ``(ii) Reduced long-term radiotoxicity, 
                        mass, or decay heat of the nuclear waste 
                        produced by generation.
                            ``(iii) Increased operating safety of 
                        nuclear facilities.
                            ``(iv) Reduced dependence of reactor 
                        systems on water resources.
                            ``(v) Increased seismic resistance of 
                        nuclear generation.
                            ``(vi) Reduced proliferation risks through 
                        integrated safeguards and security 
                        proliferation controls.
                            ``(vii) Increased efficiency in reactor 
                        manufacturing and construction.''.

SEC. 7. CONVENTIONAL IMPROVEMENTS TO NUCLEAR POWER PLANTS.

    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is 
further amended by adding at the end the following new subsection:
    ``(e) Conventional Improvements to Nuclear Power Plants.--
            ``(1) In general.--The Secretary may carry out a Nuclear 
        Energy Research Initiative for research and development related 
        to steam-side improvements to nuclear power plants to promote 
        the research, development, demonstration, and commercial 
        application of--
                    ``(A) cooling systems;
                    ``(B) turbine technologies;
                    ``(C) heat exchangers and pump design;
                    ``(D) special coatings to improve lifetime of 
                components and performance of heat exchangers; and
                    ``(E) advanced power conversion systems for 
                advanced reactor technologies.
            ``(2) Administration.--The Secretary may undertake 
        initiatives under this subsection only when the goals are 
        relevant and proper to enhance the performance of technologies 
        developed under subsection (c). Not more than $10,000,000 of 
        funds authorized for this section may be used for carrying out 
        this subsection.''.

SEC. 8. FUEL CYCLE RESEARCH AND DEVELOPMENT.

    (a) Amendments.--Section 953 of the Energy Policy Act of 2005 (42 
U.S.C. 16273) is amended--
            (1) in the section heading by striking ``advanced fuel 
        cycle initiative'' and inserting ``fuel cycle research and 
        development'';
            (2) by striking subsection (a);
            (3) by redesignating subsections (b) through (d) as 
        subsections (e) through (g), respectively; and
            (4) by inserting before subsection (e), as so redesignated 
        by paragraph (3) of this subsection, the following new 
        subsections:
    ``(a) In General.--The Secretary shall conduct a fuel cycle 
research, development, demonstration, and commercial application 
program (referred to in this section as the `program') on fuel cycle 
options that improve uranium resource utilization, maximize energy 
generation, minimize nuclear waste creation, improve safety, mitigate 
risk of proliferation, and improve waste management in support of a 
national strategy for spent nuclear fuel and the reactor concepts 
research, development, demonstration, and commercial application 
program under section 952(c).
    ``(b) Fuel Cycle Options.--Under this section the Secretary may 
consider implementing the following initiatives:
            ``(1) Open cycle.--Developing fuels, including the use of 
        nonuranium materials, for use in reactors that increase energy 
        generation and minimize the amount of nuclear waste produced in 
        an open fuel cycle.
            ``(2) Modified open cycle.--Developing fuel forms, 
        reactors, and limited separation and transmutation methods that 
        increase fuel utilization and reduce nuclear waste in a 
        modified open fuel cycle.
            ``(3) Full recycle.--Developing advanced recycling 
        technologies, including Generation IV Reactors, to reduce the 
        risk of proliferation, radiotoxicity, mass, and decay heat to 
        the greatest extent possible.
            ``(4) Advanced storage methods.--Developing advanced 
        storage technologies for both onsite and long-term storage that 
        substantially prolong the effective life of current storage 
        devices or that substantially improve upon existing nuclear 
        waste storage technologies and methods, including repositories.
            ``(5) Alternative and deep borehole storage methods.--
        Developing alternative storage methods for long-term storage, 
        including deep boreholes into stable crystalline rock 
        formations and mined repositories in a range of geologic media.
            ``(6) Other technologies.--Developing any other technology 
        or initiative that the Secretary determines is likely to 
        advance the objectives of the program established under 
        subsection (a).
    ``(c) Additional Advanced Recycling and Crosscutting Activities.--
In addition to and in support of the specific initiatives described in 
paragraphs (1) through (6), the Secretary may support the following 
activities:
            ``(1) Development and testing of integrated process flow 
        sheets for advanced nuclear fuel recycling processes.
            ``(2) Research to characterize the byproducts and waste 
        streams resulting from fuel recycling processes.
            ``(3) Research and development on reactor concepts or 
        transmutation technologies that improve resource utilization or 
        reduce the radiotoxicity of waste streams.
            ``(4) Research and development on waste treatment processes 
        and separations technologies, advanced waste forms, and 
        quantification of proliferation risks.
            ``(5) Identification and evaluation of test and 
        experimental facilities necessary to successfully implement the 
        advanced fuel cycle initiative.
            ``(6) Advancement of fuel cycle-related modeling and 
        simulation capabilities.
    ``(d) Blue Ribbon Commission Report.--
            ``(1) In carrying out this section, the Secretary shall 
        give consideration to the final report on a long-term nuclear 
        waste solution produced by the Blue Ribbon Commission on 
        America's Nuclear Future.
            ``(2) Not later than 180 days after the release of the Blue 
        Ribbon Commission on America's Nuclear Future final report, the 
        Secretary shall transmit to Congress a report, which shall 
        include--
                    ``(A) any plans the Department may have to 
                incorporate any relevant recommendations from this 
                report into the program; and
                    ``(B) how those recommendations for long-term 
                nuclear waste solutions that will be incorporated into 
                the plan compare with plans for a long-term nuclear 
                waste solution of a repository at Yucca Mountain, that 
                may or may not be incorporated into the plan, with 
                regard to the safety, security, legal, cost, and 
                technological and site readiness factors associated 
                with any recommendations related to final disposition 
                pathways for spent nuclear fuel and high-level 
                radioactive waste to the same factors associated with 
                permanent deep geological disposal at the Yucca 
                Mountain waste repository.
            ``(3) The analysis described in paragraph (2)(B) shall be 
        conducted using scientific and technical materials and 
        information used to support policy actions related to the Yucca 
        Mountain project.''.
    (b) Conforming Amendment.--The item relating to section 953 in the 
table of contents of the Energy Policy Act of 2005 is amended to read 
as follows:

``Sec. 953. Fuel cycle research and development.''.

SEC. 9. NUCLEAR ENERGY ENABLING TECHNOLOGIES PROGRAM.

    (a) Amendment.--Subtitle E of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16271 et seq.) is amended by adding at the following 
new section:

``SEC. 958. NUCLEAR ENERGY ENABLING TECHNOLOGIES.

    ``(a) In General.--The Secretary shall conduct a program to support 
the integration of activities undertaken through the reactor concepts 
research, development, demonstration, and commercial application 
program under section 952(c) and the fuel cycle research and 
development program under section 953, and support crosscutting nuclear 
energy concepts. Activities commenced under this section shall be 
concentrated on broadly applicable research and development focus 
areas.
    ``(b) Activities.--Activities conducted under this section may 
include research involving--
            ``(1) advanced reactor materials;
            ``(2) advanced radiation mitigation methods;
            ``(3) advanced proliferation and security risk assessment 
        methods;
            ``(4) advanced sensors and instrumentation;
            ``(5) advanced nuclear manufacturing methods; or
            ``(6) any crosscutting technology or transformative concept 
        aimed at establishing substantial and revolutionary 
        enhancements in the performance of future nuclear energy 
        systems that the Secretary considers relevant and appropriate 
        to the purpose of this section.
    ``(c) Report.--The Secretary shall submit, as part of the annual 
budget submission of the Department, a report on the activities of the 
program conducted under this section, which shall include a brief 
evaluation of each activity's progress.''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 2005 is amended by adding at the end of the items for 
subtitle E of title IX the following new item:

``Sec. 958. Nuclear energy enabling technologies.''.

SEC. 10. EMERGENCY RISK ASSESSMENT AND PREPAREDNESS REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall transmit to the Congress a report summarizing 
quantitative risks associated with the potential of a severe accident 
arising from the use of civilian nuclear energy technology, including 
reactor technology deployed or likely to be deployed as of the date of 
enactment of this Act, and outlining the technologies currently 
available to mitigate the consequences of such an accident. The report 
shall include recommendations of areas of technological development 
that should be pursued to reduce the potential public harm arising from 
such an incident.

SEC. 11. NEXT GENERATION NUCLEAR PLANT.

    (a) Prototype Plant Location.--Section 642(b)(3) of the Energy 
Policy Act of 2005 (42 U.S.C. 16022(b)(3)) is amended to read as 
follows:
            ``(3) Prototype plant location.--The prototype nuclear 
        reactor and associated plant shall be constructed at a location 
        determined by the consortium through an open and transparent 
        competitive selection process.''.
    (b) Report.--
            (1) Requirement.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall transmit 
        to the Congress a report providing a status update of the Next 
        Generation Nuclear Plant program that provides analysis of--
                    (A) its progress;
                    (B) how Federal funds appropriated for the project 
                have been distributed and spent; and
                    (C) the current and expected participation by non-
                Federal entities.
            (2) Contents.--The report shall include--
                    (A) an analysis of the proposed facility's 
                technical capabilities and remaining technological 
                development challenges, and a cost estimate and 
                construction schedule;
                    (B) an assessment of the advantages and 
                disadvantages of funding a pilot-scale research reactor 
                project in lieu of a full-scale commercial power 
                reactor;
                    (C) an assessment of alternative construction sites 
                proposed by private industry;
                    (D) an assessment of the extent to which the 
                Department of Energy is working with industry and the 
                Nuclear Regulatory Commission to ensure that the Next 
                Generation Nuclear Plant program meets industry 
                expectations for long-term application of technologies 
                and addresses potential licensing procedures for 
                deployment;
                    (E) an assessment of the known or anticipated 
                challenges to securing private non-Federal cost share 
                funds and any measures to overcome these challenges, 
                including any alternative funding approaches such as 
                front loading the Federal share;
                    (F) an assessment of project risks, including those 
                related to--
                            (i) project scope, schedule, and resources;
                            (ii) the formation of partnerships or 
                        agreements between the Department and the 
                        private sector necessary for the project's 
                        success; and
                            (iii) the Department's capabilities to 
                        identify and manage such risks; and
                    (G) an assessment of what is known about the 
                potential impact of natural gas and other fossil fuel 
                prices on private entity participation in the project.

SEC. 12. TECHNICAL STANDARDS COLLABORATION.

    (a) In General.--The Director of the National Institute of 
Standards and Technology shall establish a nuclear energy standards 
committee (in this section referred to as the ``technical standards 
committee'') to facilitate and support, consistent with the National 
Technology Transfer and Advancement Act of 1995, the development or 
revision of technical standards for new and existing nuclear power 
plants and advanced nuclear technologies.
    (b) Membership.--
            (1) In general.--The technical standards committee shall 
        include representatives from appropriate Federal agencies and 
        the private sector, and be open to materially affected 
        organizations involved in the development or application of 
        nuclear energy-related standards.
            (2) Co-chairs.--The technical standards committee shall be 
        co-chaired by a representative from the National Institute of 
        Standards and Technology and a representative from a private 
        sector standards organization.
    (c) Duties.--The technical standards committee shall, in 
cooperation with appropriate Federal agencies--
            (1) perform a needs assessment to identify and evaluate the 
        technical standards that are needed to support nuclear energy, 
        including those needed to support new and existing nuclear 
        power plants and advanced nuclear technologies;
            (2) formulate, coordinate, and recommend priorities for the 
        development of new technical standards and the revision of 
        existing technical standards to address the needs identified 
        under paragraph (1);
            (3) facilitate and support collaboration and cooperation 
        among standards developers to address the needs and priorities 
        identified under paragraphs (1) and (2);
            (4) as appropriate, coordinate with other national, 
        regional, or international efforts on nuclear energy-related 
        technical standards in order to avoid conflict and duplication 
        and to ensure global compatibility; and
            (5) promote the establishment and maintenance of a database 
        of nuclear energy-related technical standards.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 for each of fiscal years 2011 through 2013 to 
the Director of the National Institute for Standards and Technology for 
activities under this section.

SEC. 13. EVALUATION OF LONG-TERM OPERATING NEEDS.

    (a) In General.--The Secretary of Energy shall enter into an 
arrangement with the National Academies to conduct an evaluation of the 
scientific and technological challenges to the long-term maintenance 
and safe operation of currently deployed nuclear power reactors up to 
and beyond the specified design-life of reactor systems.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall transmit to the Congress, and make 
publically available, the results of the evaluation undertaken by the 
Academies pursuant to subsection (a).

SEC. 14. AVAILABLE FACILITIES DATABASE.

    The Secretary of Energy shall prepare a database of non-Federal 
user facilities receiving Federal funds that may be used for 
unclassified nuclear energy research.   The Secretary shall make this 
database accessible on the Department of Energy's website.

SEC. 15. NUCLEAR WASTE DISPOSAL.

    To the extent consistent with the requirements of current law, the 
Department of Energy shall be responsible for disposal of high-level 
radioactive waste or spent nuclear fuel generated by reactors under the 
programs authorized in this Act, or the amendments made by this Act.

            Passed the House of Representatives November 30, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```