[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6526 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 6526

   To facilitate the efficient licensing and deployment of advanced 
                     civilian nuclear technologies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 30, 2023

Mr. Hudson (for himself and Ms. Schrier) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
  addition to the Committee on Science, Space, 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 facilitate the efficient licensing and deployment of advanced 
                     civilian nuclear technologies.

    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 ``Advanced Nuclear Deployment Act''.

SEC. 2. ENABLING PREPARATIONS FOR ADVANCED NUCLEAR REACTOR 
              DEMONSTRATIONS ON FEDERAL SITES.

    (a) In General.--Section 102(b)(1)(B) of the Nuclear Energy 
Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) is amended 
by adding at the end the following:
                            ``(iv) Costs for--
                                    ``(I) activities to review and 
                                approve or disapprove an application 
                                for an early site permit (as defined in 
                                section 52.1 of title 10, Code of 
                                Federal Regulations (or any successor 
                                regulation)) to demonstrate an advanced 
                                nuclear reactor on a Department of 
                                Energy site or any site or installation 
                                that is critical national security 
                                infrastructure (as defined in section 
                                327(d) of the John S. McCain National 
                                Defense Authorization Act for Fiscal 
                                Year 2019); and
                                    ``(II) pre-application activities 
                                relating to an early site permit (as so 
                                defined) to demonstrate an advanced 
                                nuclear reactor on a Department of 
                                Energy site or any site or installation 
                                that is critical national security 
                                infrastructure (as defined in section 
                                327(d) of the John S. McCain National 
                                Defense Authorization Act for Fiscal 
                                Year 2019).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2024.

SEC. 3. REGULATORY REQUIREMENTS FOR MICRO-REACTORS.

    (a) Micro-Reactor Licensing.--The Nuclear Regulatory Commission (in 
this section referred to as the ``Commission'') shall--
            (1) not later than 18 months after the date of enactment of 
        this Act, develop risk-informed and performance-based 
        strategies and guidance to license and regulate micro-reactors 
        pursuant to section 103 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2133), including strategies and guidance for--
                    (A) staffing and operations;
                    (B) oversight and inspections;
                    (C) safeguards and security;
                    (D) emergency preparedness;
                    (E) risk analysis methods, including alternatives 
                to probabilistic risk assessments;
                    (F) decommissioning funding assurance methods that 
                permit the use of design- and site-specific cost 
                estimates;
                    (G) the transportation of fueled micro-reactors; 
                and
                    (H) siting, including in relation to--
                            (i) the population density criterion limit 
                        described in the policy issue paper on 
                        population-related siting considerations for 
                        advanced reactors dated May 8, 2020, and 
                        numbered SECY-20-0045;
                            (ii) licensing mobile deployment; and
                            (iii) environmental reviews; and
            (2) not later than 3 years after the date of enactment of 
        this Act, implement, as appropriate, the strategies and 
        guidance developed under paragraph (1)--
                    (A) within the existing regulatory framework;
                    (B) through the technology-inclusive, regulatory 
                framework to be established under section 103(a)(4) of 
                the Nuclear Energy Innovation and Modernization Act (42 
                U.S.C. 2133 note; Public Law 115-439); or
                    (C) through a pending or new rulemaking.
    (b) Considerations.--In developing and implementing strategies and 
guidance under subsection (a), the Commission shall consider--
            (1) the unique characteristics of micro-reactors, including 
        characteristics relating to--
                    (A) physical size;
                    (B) design simplicity; and
                    (C) source term;
            (2) opportunities to address redundancies and 
        inefficiencies;
            (3) opportunities to consolidate review phases and reduce 
        transitions between review teams;
            (4) opportunities to establish integrated review teams to 
        ensure continuity throughout the review process; and
            (5) other relevant considerations discussed in the policy 
        issue paper on policy and licensing considerations related to 
        micro-reactors dated October 6, 2020, and numbered SECY-20-
        0093.
    (c) Consultation.--In carrying out subsection (a), the Commission 
shall consult with--
            (1) the Secretary of Energy;
            (2) the heads of other Federal agencies, as appropriate;
            (3) micro-reactor technology developers; and
            (4) other stakeholders.

SEC. 4. EXPEDITED SUBSEQUENT COMBINED LICENSES.

    (a) In General.--In accordance with this section, the Nuclear 
Regulatory Commission (referred to in this section as the 
``Commission'') shall establish and carry out an expedited procedure 
for issuing a combined license pursuant to section 185 b. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2235).
    (b) Qualifications.--To qualify for the expedited procedure under 
subsection (a), an applicant--
            (1) shall submit a combined license application for a new 
        nuclear reactor based off a previously licensed design;
            (2) shall propose to construct the new nuclear reactor on 
        or adjacent to a site on which a nuclear reactor already 
        operates or previously operated; and
            (3) may not be subject to an order of the Commission to 
        suspend or revoke a license under section 2.202 of title 10, 
        Code of Federal Regulations (or any successor regulation).
    (c) Expedited Procedure.--With respect to a combined license for 
which the applicant has satisfied the requirements described in 
subsection (b), the Commission shall, to the maximum extent 
practicable--
            (1) not later than 1 year after the application is accepted 
        for docketing, issue a draft environmental impact statement;
            (2) not later than 18 months after the application is 
        accepted for docketing--
                    (A) complete the technical review process; and
                    (B) issue a safety evaluation report and final 
                environmental impact statement;
            (3) not later than 2 years after the application is 
        accepted for docketing, complete any necessary public licensing 
        hearings and related processes; and
            (4) not later than 25 months after the application is 
        accepted for docketing, make a final decision on whether to 
        issue the combined license.
    (d) Performance and Reporting.--
            (1) Delays in issuance.--Not later than 30 days after the 
        applicable deadline, the Executive Director for Operations of 
        the Commission shall inform the Commission of any failure to 
        meet a deadline under subsection (c).
            (2) Delays in issuance exceeding 90 days.--If any deadline 
        under subsection (c) is not met by the date that is 90 days 
        after the applicable date required under such subsection, the 
        Commission shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report describing 
        the delay, including a detailed explanation accounting for the 
        delay and a plan for completion of the applicable action.

SEC. 5. PILOT PROGRAM FOR NUCLEAR POWER PURCHASE AGREEMENTS.

    (a) In General.--Subtitle B of title VI of the Energy Policy Act of 
2005 (Public Law 109-58; 119 Stat. 782) is amended by adding at the end 
the following:

``SEC. 639A. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.

    ``(a) Establishment.--The Secretary shall establish a pilot program 
under which the Secretary shall enter into at least one long-term power 
purchase agreement for power generated by a commercial nuclear reactor 
with respect to which an operating license is issued by the Nuclear 
Regulatory Commission after January 1, 2024.
    ``(b) Requirements.--In establishing the pilot program under this 
section, the Secretary shall--
            ``(1) consult with the heads of other Federal departments 
        and agencies that may benefit from purchasing nuclear power for 
        a period of longer than 10 years, including the Secretary of 
        Defense; and
            ``(2) not later than December 31, 2028, enter into at least 
        one long-term agreement to purchase power from a commercial 
        nuclear reactor described in subsection (a).
    ``(c) Period of Agreement.--Notwithstanding any other provision of 
law, an agreement entered into pursuant to subsection (b)(2) to 
purchase power from a commercial nuclear reactor shall be made for a 
period of at least 10 years and not more than 40 years.
    ``(d) Priority.--In carrying out this section, the Secretary shall 
prioritize entering into long-term power purchase agreements for power 
generated by first-of-a-kind or early deployment commercial nuclear 
reactors that will provide reliable and resilient power--
            ``(1) to high-value assets for national security purposes; 
        or
            ``(2) for other purposes that the Secretary determines are 
        in the national interest, including for remote off-grid 
        scenarios or grid-connected scenarios that provide capabilities 
        commonly known as `islanding power capabilities' during an 
        emergency.
    ``(e) Rates.--A long-term power purchase agreement entered into 
under this section may not be at a rate that is higher than the average 
market rate, unless the agreement is for power generated by a 
commercial nuclear reactor described in subsection (d).''.
    (b) Table of Contents.--The table of contents of the Energy Policy 
Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by inserting 
after the item relating to section 639 the following:

``Sec. 639A. Long-term nuclear power purchase agreement pilot 
                            program.''.
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