#aadth ,,congress #b;d ,session ,h4 ,r4 #digi ,,an ,,act ,to foster civilian research and development of advanced nuclear energy technologies and enhance the licensing and commercial deployment of such technologies4 #a4 ,short title ,this ,act may be cited as the ,advanced ,nuclear ,technology ,development ,act of #bjaf4 #b4 ,findings ,congress finds the following3 7#a7 ,nuclear energy generates approximately #bj percent of the total electricity and approximately #fj percent of the carbon-free electricity of the ,united ,states4 7#b7 ,nuclear power plants operate consistently at a #ij percent capacity factor1 and provide consumers and businesses with reliable and affordable electricity4 7#c7 ,nuclear power plants generate billions of dollars in national economic activity through nationwide procurements and provide thousands of ,americans with high paying jobs contributing substantially to the local economies in communities where they operate4 7#d7 ,the ,united ,states commercial nuclear industry must continue to lead the international civilian nuclear marketplace1 because it is one of our most powerful national security tools1 guaranteeing the safe1 secure1 and exclusively peaceful use of nuclear energy4 7#e7 ,maintaining the ,nation's nuclear fleet of commercial light water reactors and expanding the use of new advanced reactor designs would support continued production of reliable baseload electricity and maintain ,united ,states global leadership in nuclear power4 7#f7 ,nuclear fusion technology also has the potential to generate electricity with significantly increased safety performance and no radioactive waste4 7#g7 ,the development of advanced reactor designs would benefit from a performance-based1 risk-informed1 efficient1 and cost-effective regulatory framework with defined milestones and the opportunity for applicants to demonstrate progress through ,nuclear ,regulatory ,commission approval4 #c4 ,definitions ,in this ,act3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor means-- 7,a7 a nuclear fission reactor with significant improvements over the most recent generation of nuclear fission reactors1 which may include inherent safety features1 lower waste yields1 greater fuel utilization1 superior reliability1 resistance to proliferation1 and increased thermal efficiency2 or 7,b7 a nuclear fusion reactor4 7#b7 ,department ,the term ,department means the ,department of ,energy4 7#c7 ,licensing ,the term licensing means ,,nrc activities related to reviewing applications for licenses1 permits1 and design certifications1 and requests for any other regulatory approval for nuclear reactors within the responsibilities of the ,,nrc under the ,atomic ,energy ,act of #aied4 7#d7 ,national laboratory ,the term ,national ,laboratory has the meaning given that term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#e7 ,,nrc ,the term ,,nrc means the ,nuclear ,regulatory ,commission4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #d4 ,agency coordination ,the ,,nrc and the ,department shall enter into the a memorandum of understanding regarding the following topics3 7#a7 ,technical expertise ,ensuring that the ,department has sufficient technical expertise to support the civilian nuclear industry's timely research1 development1 demonstration1 and commercial application of safe1 innovative advanced reactor technology and the ,,nrc has sufficient technical expertise to support the evaluation of applications for licenses1 permits1 and design certifications1 and other requests for regulatory approval for advanced reactors4 7#b7 ,modeling and simulation ,the use of computers and software codes to calculate the behavior and performance of advanced reactors based on mathematical models of their physical behavior4 7#c7 ,facilities ,ensuring that the ,department maintains and develops the facilities to enable the civilian nuclear industry's timely research1 development1 demonstration1 and commercial application of safe1 innovative reactor technology and ensuring that the ,,nrc has access to such facilities1 as needed4 #e4 ,reporting to ,congress 7a7 ,in ,general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,national ,laboratories1 relevant ,federal agencies1 and other stakeholders1 shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,environment and ,public ,works and the ,committee ,energy and ,natural ,resources of the ,senate a report assessing the capabilities of the ,department to authorize1 host1 and oversee privately proposed and funded experimental reactors4 7b7 ,contents ,such report shall address-- 7#a7 the safety review and oversight capabilities of the ,department1 including options to leverage expertise from the ,,nrc and the ,national ,laboratories2 7#b7 options to regulate ,department hosted1 privately proposed and funded experimental reactors2 7#c7 potential sites capable of hosting the activities described in subsection 7a72 7#d7 the efficacy of the available contractual mechanisms of the ,department to partner with the private sector and other ,federal agencies1 including cooperative research and development agreements1 strategic partnership projects1 and agreements for commercializing technology2 7#e7 the ,federal ,government's liability with respect to the disposal of low-level radioactive waste1 spent nuclear fuel1 or high-level radioactive waste1 as defined by section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja72 7#f7 the impact on the ,nation's aggregate inventory of low-level radioactive waste1 spent nuclear fuel1 or high-level radioactive waste2 7#g7 potential cost structures relating to physical security1 decommissioning1 liability1 and other long-term project costs2 and 7#h7 other challenges or considerations identified by the ,secretary4 7c7 ,updates ,the ,secretary shall update relevant provisions of the report submitted under subsection 7a7 every #b years and submit that update to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,environment and ,public ,works and the ,committee ,energy and ,natural ,resources of the ,senate4 #f4 ,advanced reactor regulatory framework 7a7 ,plan required ,not later than #a year after the date of enactment of this ,act1 the ,,nrc shall transmit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a plan for developing an efficient1 risk-informed1 technology-neutral framework for advanced reactor licensing4 ,the plan shall evaluate the following subjects1 consistent with the ,,nrc's role in protecting public health and safety and common defense and security3 7#a7 ,the unique aspects of advanced reactor licensing and any associated legal1 regulatory1 and policy issues the ,,nrc will need to address to develop a framework for licensing advanced reactors4 7#b7 ,options for licensing advanced reactors under existing ,,nrc regulations in title #aj of the ,code of ,federal ,regulations1 a proposed new regulatory framework1 or a combination of these approaches4 7#c7 ,options to expedite and streamline the licensing of advanced reactors1 including opportunities to minimize the time from application submittal to final ,,nrc licensing decision and minimize the delays that may result from any necessary amendments or supplements to applications4 7#d7 ,options to expand the incorporation of consensus-based codes and standards into the advanced reactor regulatory framework to minimize time to completion and provide flexibility in implementation4 7#e7 ,options to make the advanced reactor licensing framework more predictable4 ,this evaluation should consider opportunities to improve the process by which application review milestones are established and maintained4 7#f7 ,options to allow applicants to use phased review processes under which the ,,nrc issues approvals that do not require the ,,nrc to re-review previously approved information4 ,this evaluation shall consider the ,,nrc's ability to review and conditionally approve partial applications1 early design information1 and submittals that contain design criteria and processes to be used to develop information to support a later phase of the design review4 7#g7 ,the extent to which ,,nrc action or modification of policy is needed to implement any part of the plan required by this subsection4 7#h7 ,the role of licensing advanced reactors within ,,nrc long-term strategic resource planning1 staffing1 and funding levels4 7#i7 ,options to provide cost-sharing financial structures for license applicants in a phased licensing process4 7b7 ,coordination and stakeholder input required ,in developing the plan required by subsection 7a71 the ,,nrc shall seek input from the ,department1 the nuclear industry1 and other public stakeholders4 7c7 ,cost and schedule estimate ,the plan required by subsection 7a7 shall include proposed cost estimates1 budgets1 and specific milestones for implementing the advanced reactor regulatory framework by ,september #cj1 #bjai4 7d7 ,design certification status ,in the ,,nrc's first budget request after the acceptance of any design certification application for an advanced nuclear reactor1 and annually thereafter1 the ,,nrc shall provide the status of performance metrics and milestone schedules4 ,the budget request shall include a plan to correct or recover from any milestone schedule delays1 including delays because of ,,nrc's inability to commit resources for its review of the design certification applications4 #g4 ,user fees and annual charges ,section #faja7;c77#b77;,a7 of the ,omnibus ,budget ,reconciliation ,act of #aiij 7#db ,u4,s4,c4 #bbad7;c77#b77;,a77 is amended-- 7#a7 by striking and at the end of clause 7iii72 7#b7 by striking the period at the end of clause 7iv7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7v7 for fiscal years ending before ,october #a1 #bjbj1 amounts appropriated to the ,commission for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies4 4 ,passed the ,house of ,representatives ,september #ab1 #bjaf4;,clerk4