I 
111TH CONGRESS 
2D SESSION 
H. R. 5866 
To amend the Energy Policy Act of 2005 requiring the Secretary of Energy 
to carry out initiatives to advance innovation in nuclear energy tech-
nologies, to make nuclear energy systems more competitive, to increase 
efficiency and safety of civilian nuclear power, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2010 
Mr. GORDON of Tennessee (for himself, Mr. HALL of Texas, Mr. BAIRD, and 
Mr. INGLIS) introduced the following bill; which was referred to the Com-
mittee on Science and Technology 
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. 
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’’. 
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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 
(7) as paragraphs (5) through (10), respectively; 
and 
(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.’’. 
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)’’; 
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(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.’’. 
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SEC. 4. 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 fission 
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 Nu-
clear 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; or 
‘‘(H) are capable of producing large-scale 
quantities of hydrogen or process heat. 
‘‘(3) INTERNATIONAL
COOPERATION.—In car-
rying out the program under this subsection, the 
Secretary shall seek opportunities to enhance the 
progress of the program through international co-
operation through such organizations as the Genera-
tion IV International Forum, or any other inter-
national collaboration the Secretary considers appro-
priate. 
‘‘(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. 5. 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.—The Secretary shall carry 
out a small modular reactor program to promote the 
research, development, demonstration, and commer-
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cial application of small modular reactors, including 
through cost-shared projects for commercial applica-
tion of reactor system designs. Activities may also 
include development of advanced computer modeling 
and simulation tools, by Federal or non-Federal en-
tities, that demonstrate and validate new design ca-
pabilities of innovative small modular reactor de-
signs. 
‘‘(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; and 
‘‘(B) 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 in-
dividual technologies and systems, and shall not in-
clude 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— 
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‘‘(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 pro-
duced by generation; 
‘‘(C) increased operating safety of nuclear 
facilities; 
‘‘(D) reduced dependence of reactor sys-
tems on water resources; 
‘‘(E) increased seismic resistance of nu-
clear generation; 
‘‘(F) reduced proliferation risks through 
integrated 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 Sec-
retary a proposal for the small modular reactor 
project to be undertaken. The proposal shall docu-
ment— 
‘‘(A) all partners and suppliers that will be 
active in the small modular reactor project, in-
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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; and 
‘‘(D) all known assets that shall be con-
tributed to satisfy the non-Federal share re-
quirement under paragraph (6). 
‘‘(6) NON-FEDERAL
SHARE.—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
NON-FEDERAL
SHARE 
AMOUNT.—Section 988(d) of the Energy Policy Act 
of 2005 (42 U.S.C. 16352(d)) shall apply in deter-
mining the non-Federal share in conjunction with an 
award of financial assistance under this section. 
‘‘(8) PROJECT SELECTION CRITERIA.—The Sec-
retary shall consider the following factors in entering 
into a cooperative agreement under this subsection: 
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‘‘(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 
small modular reactors without Federal sub-
sidies or loan guarantees. 
‘‘(D) The non-Federal share to be pro-
vided.’’. 
SEC. 6. FUEL CYCLE RESEARCH AND DEVELOPMENT. 
(a) AMENDMENTS.—Section 953 of the Energy Pol-
icy 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 (d) through (f), respectively; and 
(4) by inserting before subsection (d), as so re-
designated by paragraph (3) of this subsection, the 
following new subsections: 
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