I 
111TH CONGRESS 
2D SESSION 
H. R. 5164 
To amend the Energy Policy Act of 2005 to require the Secretary of Energy 
to carry out programs to develop and demonstrate 2 small modular 
nuclear reactor designs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2010 
Mr. ALTMIRE (for himself, Mr. BARTON of Texas, Mr. FOSTER, Mr. UPTON, 
Mr. ROSS, Mrs. MYRICK, Mr. MELANCON, Mr. ROGERS of Michigan, Mr. 
MCMAHON, Mr. BARTLETT, Mr. MURPHY of New York, Mrs. BIGGERT, 
Mr. PERRIELLO, Mr. SHIMKUS, Mr. MURPHY of Connecticut, Mrs. BONO 
MACK, Mr. SALAZAR, Mr. GRIFFITH, and Mrs. HALVORSON) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Science and Technology, 
for a period to be subsequently 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 require the 
Secretary of Energy to carry out programs to develop 
and demonstrate 2 small modular nuclear reactor de-
signs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Power 2021 
Act’’. 
SEC. 2. NUCLEAR POWER 2021 INITIATIVE. 
Section 952 of the Energy Policy Act of 2005 (42 
U.S.C. 16272) is amended by adding at the end the fol-
lowing: 
‘‘(f) NUCLEAR POWER 2021 INITIATIVE.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) 
COMBINED
LICENSE.—The 
term 
‘combined license’ has the meaning given the 
term in section 52.1 of title 10, Code of Federal 
Regulations (or a successor regulation). 
‘‘(B) DESIGN CERTIFICATION.—The term 
‘design certification’ has the meaning given the 
term in section 52.1 of title 10, Code of Federal 
Regulations (or a successor regulation). 
‘‘(C) SMALL
MODULAR
REACTOR.—The 
term ‘small modular reactor’ means a nuclear 
reactor— 
‘‘(i) with a rated capacity of less than 
300 electrical megawatts; and 
‘‘(ii) that can be constructed and op-
erated in combination with similar reactors 
at a single site. 
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‘‘(2) DUTY
OF
SECRETARY.—The Secretary 
shall carry out, through cooperative agreements with 
private sector partners— 
‘‘(A) a program— 
‘‘(i) to develop a standard design for 
each of 2 small modular reactors, at least 
1 of which has a rated capacity of not 
more than 50 electrical megawatts; and 
‘‘(ii) to obtain a design certification 
from the Nuclear Regulatory Commission 
for each of the 2 standard designs by Jan-
uary 1, 2018; and 
‘‘(B) a program to demonstrate the licens-
ing of small modular reactors by— 
‘‘(i) developing applications for a com-
bined license for each of the designs cer-
tified pursuant to subparagraph (A); and 
‘‘(ii) obtaining a combined license 
from the Nuclear Regulatory Commission 
for each of the designs by January 1, 
2021. 
‘‘(3) MERIT REVIEW OF PROPOSALS.—The Sec-
retary shall select proposals for cooperative agree-
ments under this subsection— 
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‘‘(A) on the basis of an impartial review of 
the scientific and technical merit of the pro-
posals; and 
‘‘(B) through the use of competitive proce-
dures. 
‘‘(4) TECHNICAL CONSIDERATIONS.—In evalu-
ating proposals, the Secretary shall take into ac-
count the efficiency, cost, safety, and proliferation 
resistance of competing reactor designs. 
‘‘(5) COST-SHARE REQUIREMENTS.— 
‘‘(A) DESIGN
DEVELOPMENT.—Notwith-
standing section 988, the Secretary shall re-
quire that not less than 50 percent of the cost 
of the development of each small modular reac-
tor design under paragraph (2)(A) be provided 
by a non-Federal source. 
‘‘(B) LICENSING
DEMONSTRATION.—Not-
withstanding section 988, the Secretary shall 
require that not less than 75 percent of the cost 
of the licensing demonstration of each small 
modular reactor design under paragraph (2)(B) 
be provided by a non-Federal source. 
‘‘(C) CALCULATION
OF
AMOUNT.—Non- 
Federal contributions under this subsection 
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shall be calculated in accordance with section 
988(d).’’. 
Æ 
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