A BILL 
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 nu-
clear energy systems more competitive, to increase effi-
ciency and safety of civilian nuclear power, and for other 
purposes. 
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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 ‘‘Nuclear Energy Re-
search 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 fol-
lowing new paragraphs: 
‘‘(2) Reducing the costs of nuclear reactor sys-
tems. 
‘‘(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 be-
cause of technical and financial uncertainty.’’; and 
(3) by inserting after paragraph (11), as so re-
designated, 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.’’. 
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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 fol-
lowing 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)— 
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‘‘(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 fol-
lowing new subsection: 
‘‘(f) PROGRAM OBJECTIVES STUDY.—In furtherance of 
the program objectives listed in subsection (a) of this sec-
tion, the Secretary shall, within one year after the date of 
enactment of this subsection, transmit to the Congress a re-
port 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 Fed-
eral Government can assist in overcoming such delays or 
impediments.’’. 
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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, demonstra-
tion, and commercial application to advance nuclear 
power systems as well as technologies to sustain cur-
rently deployed systems. 
‘‘(2) DESIGNS
AND
TECHNOLOGIES.—In con-
ducting the program under this subsection, the Sec-
retary 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 oper-
ation 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; 
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‘‘(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 alter-
natives to water as a cooling mechanism. 
‘‘(3) INTERNATIONAL
COOPERATION.—In car-
rying out the program under this subsection, the Sec-
retary 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 col-
laboration 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 au-
thorized 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.— 
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‘‘(A) The Secretary shall carry out a small 
modular reactor program to promote research, 
development, demonstration, and commercial ap-
plication of small modular reactors, including 
through cost-shared projects for commercial ap-
plication 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 develop-
ment of advanced computer modeling and sim-
ulation tools, by Federal and non-Federal enti-
ties, which demonstrate and validate new design 
capabilities of innovative small modular reactor 
designs. 
‘‘(2) DEFINITION.—For the purposes of this sub-
section, the term ‘small modular reactor’ means a nu-
clear 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 
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‘‘(C) that can be constructed and operated 
in combination with similar reactors at a single 
site. 
‘‘(3) LIMITATION.—Demonstration activities car-
ried out under this section shall be limited to indi-
vidual technologies and systems, and shall not include 
demonstration of full reactor systems or full plant op-
erations. 
‘‘(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; 
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‘‘(F) reduced proliferation risks through in-
tegrated safeguards and security proliferation 
controls; and 
‘‘(G) increased efficiency in reactor manu-
facturing 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, in-
cluding a description of each partner or sup-
plier’s anticipated domestic and international 
activities; 
‘‘(B) measures to be undertaken to enable 
cost-effective implementation of the small mod-
ular reactor project; 
‘‘(C) an accounting structure approved by 
the Secretary; 
‘‘(D) all known assets that shall be contrib-
uted to satisfy the cost-sharing requirement 
under paragraph (6); and 
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‘‘(E) the extent to which the proposal will 
increase domestic manufacturing activity, ex-
ports, or employment. 
‘‘(6) COST
SHARING.—Notwithstanding section 
988, the Secretary shall require the parties to a coop-
erative agreement under this subsection to be respon-
sible 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 Fed-
eral Government through appropriation Acts. 
‘‘(8) PROJECT SELECTION CRITERIA.—The Sec-
retary shall consider the following factors in entering 
into a cooperative agreement under this subsection: 
‘‘(A) The domestic manufacturing capabili-
ties 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 agree-
ment’s potential to continue the development of 
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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 nu-
clear facilities. 
‘‘(iv) Reduced dependence of reactor 
systems on water resources. 
‘‘(v) Increased seismic resistance of nu-
clear generation. 
‘‘(vi) 
Reduced 
proliferation 
risks 
through integrated safeguards and security 
proliferation controls. 
‘‘(vii) Increased efficiency in reactor 
manufacturing and construction.’’. 
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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, de-
velopment, demonstration, and commercial applica-
tion 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 un-
dertake initiatives under this subsection only when 
the goals are relevant and proper to enhance the per-
formance of technologies developed under subsection 
(c). Not more than $10,000,000 of funds authorized 
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for this section may be used for carrying out this sub-
section.’’. 
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 ‘‘AD-
VANCED 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 redes-
ignated by paragraph (3) of this subsection, the fol-
lowing 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 ‘pro-
gram’) on fuel cycle options that improve uranium resource 
utilization, maximize energy generation, minimize nuclear 
waste creation, improve safety, mitigate risk of prolifera-
tion, and improve waste management in support of a na-
tional strategy for spent nuclear fuel and the reactor con-
cepts research, development, demonstration, and commer-
cial application program under section 952(c). 
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‘‘(b) FUEL CYCLE OPTIONS.—Under this section the 
Secretary may consider implementing the following initia-
tives: 
‘‘(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 trans-
mutation methods that increase fuel utilization and 
reduce nuclear waste in a modified open fuel cycle. 
‘‘(3) FULL RECYCLE.—Developing advanced re-
cycling technologies, including Generation IV Reac-
tors, to reduce the risk of proliferation, radiotoxicity, 
mass, and decay heat to the greatest extent possible. 
‘‘(4) ADVANCED
STORAGE
METHODS.—Devel-
oping advanced storage technologies for both onsite 
and long-term storage that substantially prolong the 
effective life of current storage devices or that substan-
tially improve upon existing nuclear waste storage 
technologies and methods, including repositories. 
‘‘(5) ALTERNATIVE AND DEEP BOREHOLE STOR-
AGE METHODS.—Developing alternative storage meth-
ods for long-term storage, including deep boreholes 
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into stable crystalline rock formations and mined re-
positories in a range of geologic media. 
‘‘(6) OTHER
TECHNOLOGIES.—Developing any 
other technology or initiative that the Secretary deter-
mines is likely to advance the objectives of the pro-
gram established under subsection (a). 
‘‘(c) ADDITIONAL ADVANCED RECYCLING AND CROSS-
CUTTING 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 proc-
ess 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 con-
cepts or transmutation technologies that improve re-
source utilization or reduce the radiotoxicity of waste 
streams. 
‘‘(4) Research and development on waste treat-
ment processes and separations technologies, advanced 
waste forms, and quantification of proliferation risks. 
‘‘(5) Identification and evaluation of test and ex-
perimental facilities necessary to successfully imple-
ment the advanced fuel cycle initiative. 
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‘‘(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 incor-
porated 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 in-
corporated into the plan, with regard to the safe-
ty, security, legal, cost, and technological and 
site readiness factors associated with any rec-
ommendations related to final disposition path-
ways for spent nuclear fuel and high-level radio-
active waste to the same factors associated with 
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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 ma-
terials 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 PRO-
GRAM. 
(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 pro-
gram to support the integration of activities undertaken 
through the reactor concepts research, development, dem-
onstration, and commercial application program under sec-
tion 952(c) and the fuel cycle research and development pro-
gram under section 953, and support crosscutting nuclear 
energy concepts. Activities commenced under this section 
shall be concentrated on broadly applicable research and de-
velopment focus areas. 
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‘‘(b) ACTIVITIES.—Activities conducted under this sec-
tion may include research involving— 
‘‘(1) advanced reactor materials; 
‘‘(2) advanced radiation mitigation methods; 
‘‘(3) advanced proliferation and security risk as-
sessment methods; 
‘‘(4) advanced sensors and instrumentation; 
‘‘(5) advanced nuclear manufacturing methods; 
or 
‘‘(6) any crosscutting technology or trans-
formative 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 sec-
tion, which shall include a brief evaluation of each activi-
ty’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.’’. 
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SEC. 10. EMERGENCY RISK ASSESSMENT AND PREPARED-
NESS 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 civil-
ian 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 avail-
able to mitigate the consequences of such an accident. The 
report shall include recommendations of areas of techno-
logical 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 proto-
type nuclear reactor and associated plant shall be 
constructed at a location determined by the consor-
tium 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 pro-
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viding 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 techno-
logical development challenges, and a cost esti-
mate 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 construc-
tion 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 en-
sure that the Next Generation Nuclear Plant pro-
gram meets industry expectations for long-term 
application of technologies and addresses poten-
tial licensing procedures for deployment; 
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(E) an assessment of the known or antici-
pated challenges to securing private non-Federal 
cost share funds and any measures to overcome 
these challenges, including any alternative fund-
ing approaches such as front loading the Federal 
share; 
(F) an assessment of project risks, including 
those related to— 
(i) project scope, schedule, and re-
sources; 
(ii) the formation of partnerships or 
agreements between the Department and the 
private sector necessary for the project’s suc-
cess; 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 Insti-
tute of Standards and Technology shall establish a nuclear 
energy standards committee (in this section referred to as 
the ‘‘technical standards committee’’) to facilitate and sup-
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port, 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 com-
mittee 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 com-
mittee shall be co-chaired by a representative from the 
National Institute of Standards and Technology and 
a representative from a private sector standards orga-
nization. 
(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 prior-
ities for the development of new technical standards 
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