,,ii #aaith ,,congress #b;d ,session ,s4 #dbhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ad1 #bjbf,mr4 ,lee 7for himself and ,mr4 ,mc,cormick7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to encourage the development and deployment of nuclear energy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,nuclear ,energy ,innovation and ,deployment ,act of #bjbf4 #b4 ,department of ,energy authorities for nuclear facilities 7a7 ,amendments 7#a7 ,energy reorganization act of #aigd 7,a7 ,in general ,section #bjb of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehdb7 is amended-- 7i7 by striking the section designation and heading and all that follows through ,notwithstanding in the matter preceding paragraph 7#a7 and inserting the following3 #bjb4 ,licensing and related regulatory functions respecting selected department of energy facilities ,notwithstanding 2 7ii7 in the matter preceding paragraph 7#a71 by striking ,administration and inserting ,department of ,energy2 7iii7 by striking paragraphs 7#a7 and 7#b72 7iv7 in paragraph 7#d71 by striking ,administration and inserting ,department of ,energy2 and 7v7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#a7 through 7#c71 respectively4 7,b7 ,conforming amendments 7i7 ,section #cacd of division ,c of the ,strom ,thurmond ,national ,defense ,authorization ,act for ,fiscal ,year #aiii is amended-- 7,i7 in subsection 7b7 7#db ,u4,s4,c4 #ehdb note2 ,public ,law #aje-bfa7-- 7aa7 by striking 7#db ,u4,s4,c4 #gbgb7 and inserting 7#ej ,u4,s4,c4 #beac72 and 7bb7 by striking section #bjb7e7 and all that follows through the period at the end and inserting paragraph 7#c7 of section #bjb of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehdb742 and 7,,ii7 in subsection 7c7 7#db ,u4,s4,c4 #ehdb note2 ,public ,law #aje-bfa71 by striking section #bjb7e7 and all that follows through subsection 7a71 and inserting paragraph 7#c7 of section #bjb of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehdb74 7ii7 ,section #ada7;d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafa7;d77 is amended1 in the first sentence1 by striking section #bjb7c7 of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehdb7c77 and inserting paragraph 7#a7 of section #bjb of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehdb74 7iii7 ,section #adh7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafh7;c77 is amended1 in the first sentence1 by striking section #bjb7c7 of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehdb7c77 and inserting paragraph 7#a7 of section #bjb of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehdb74 7#b7 ,atomic ,energy ,act of #aied ,section #aaj a4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #badj7;a77 is amended-- 7,a7 by striking ,commission2 or 7#b7 the construction and all that follows through 2 or at the end of subsection a4 and inserting the following3 8,nuclear ,regulatory ,commission or the ,department of ,energy2 7#b7 the construction or operation of facilities1 or the conduct of activities involving source material1 byproduct material1 or special nuclear material1 under contract with and for the account of the ,department of ,energy at any location1 including such facilities or activities sponsored by a person2 or 2 7,b7 by striking a license for 7#a7 the processing1 and inserting the following3 8a license for-- 7#a7 the processing1 2 and 7,c7 by adding at the end the following3 7#c7 the construction or operation of commercial facilities and related activities1 including the construction and operation of nuclear fuel cycle facilities1 involving source material1 byproduct material1 or special nuclear material authorized and regulated by the ,department of ,energy-- 7,a7 on ,federal land2 or 7,b7 for ,federal purposes1 including for the purpose of the generation1 sale1 or delivery of electricity to a ,federal power marketing agency 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif772 or 4 7#c7 ,energy ,policy ,act of #bjje ,section #ieh7;g7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgh7;g77 is amended by striking the subsection designation and heading and all that follows through ,any activity in paragraph 7#b7 and inserting the following3 7g7 ,financial protection ,any activity 4 7b7 ,regulatory revision required ,not later than #a year after the date of enactment of this ,act1 the ,nuclear ,regulatory ,commission shall revise sections #cj4ab1 #dj4aa1 #ej4aa1 and #gj4aa of title #aj1 ,code of ,federal ,regulations1 and such other applicable regulations as may be identified by the ,commission1 to remove limitations on the statutory authority of the ,secretary of ,energy with respect to activities performed off of ,federal ,government-owned or ,federal ,government-controlled sites4 7c7 ,financial protection ,any activity carried out pursuant to this section or an amendment made by this section that is authorized and regulated by the ,department of ,energy and involves the risk of public liability shall be subject to the financial protection or indemnification requirements of section #agj d4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj7;d77 7commonly known as the ,price-,anderson ,act74 #c4 ,nuclear energy launch pad ,section #ieh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgh7 is amended-- 7#a7 by redesignating subsection 7g7 7as amended by section #b7;a77#c77 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,nuclear energy launch pad 7#a7 ,definitions ,in this subsection3 7,a7 ,advanced nuclear technology ,the term advanced nuclear technology includes-- 7i7 an advanced nuclear reactor2 and 7ii7 a nuclear fuel cycle facility4 7,b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary for ,nuclear ,energy4 7,c7 ,eligible private entity ,the term eligible private entity means a private entity that the ,assistant ,secretary determines has an adequately mature design for1 sufficient financial resources and expertise in1 and a high chance of success in testing or demonstrating the commercial feasibility of advanced nuclear technologies4 7,d7 ,launch ,pad ,the term ,launch ,pad means the ,nuclear ,energy ,launch ,pad established by paragraph 7#b74 7,e7 ,nuclear ,energy ,launch ,pad ,zone ,the term ,nuclear ,energy ,launch ,pad ,zone means a ,nuclear ,energy ,launch ,pad ,zone designated by the ,assistant ,secretary under paragraph 7#c74 7#b7 ,establishment ,there is established within the ,office of ,nuclear ,energy a program1 to be known as the ,nuclear ,energy ,launch ,pad1 as a component of the program under subsection 7a74 7#c7 ,nuclear energy launch pad zones 7,a7 ,in general ,in carrying out the ,launch ,pad1 the ,assistant ,secretary shall identify and designate secure1 authorized areas of ,federal land1 including land owned or controlled by the ,department and ,national ,laboratory sites as ,nuclear ,energy ,launch ,pad ,zones for the purpose of testing and demonstrating the commercial feasibility of advanced nuclear technologies by eligible private entities under authorities of the ,department1 including nuclear fuel cycle facilities necessary to support the testing and demonstration of other advanced nuclear technologies1 to enable access to streamlined licensing opportunities and facilitate transition to commercial operation under ,nuclear ,regulatory ,commission authorities after testing and demonstration activities are complete4 7,b7 ,additional pathways ,in addition to ,nuclear ,energy ,launch ,pad ,zones designated under subparagraph 7,a71 the ,assistant ,secretary shall1 in carrying out the ,launch ,pad1 provide a pathway for testing and demonstrating the commercial feasibility of advanced nuclear technologies by eligible private entities under the authorities of the ,department at non-,federal sites1 which1 on completion of the pathway1 shall also be designated as ,nuclear ,energy ,launch ,pad ,zones4 7#d7 ,responsibilities and development activities ,the ,assistant ,secretary shall ensure the success and acceleration of testing and demonstration projects within ,nuclear ,energy ,launch ,pad ,zones by carrying out each of the following activities in ,nuclear ,energy ,launch ,pad ,zones located on land owned or controlled by the ,department and ,national ,laboratory sites3 7,a7 ,basic infrastructure ,providing to the extent practicable1 basic access infrastructure to eligible private entities selected under paragraph 7#e77;,a71 including roads1 electric power1 water1 and fiber optic communication connectivity4 7,b7 ,land characterization ,carrying out land characterization and assessment activities through the program under subsection 7a71 as appropriate1 necessary to facilitate accelerated deployment1 including biological1 cultural1 and other environmental surveys required for the testing and demonstration of advanced nuclear technologies4 7#e7 ,private entity solicitation and selection 7,a7 ,competitive process 7i7 ,in general ,the ,assistant ,secretary1 acting through the program under subsection 7a71 shall solicit and select eligible private entities for participation in the ,launch ,pad through an advertised1 competitive process designed to select the most promising advanced nuclear technologies4 7ii7 ,initial solicitations ,not later than #ahj days after the date of enactment of the ,nuclear ,energy ,innovation and ,deployment ,act of #bjbf1 the ,assistant ,secretary shall-- 7,i7 finalize the competitive process required under clause 7i72 and 7,,ii7 begin soliciting eligible private entities pursuant to that clause4 7,b7 ,agreements 7i7 ,in general ,the ,assistant ,secretary shall seek to enter into flexible agreements with eligible private entities selected under subparagraph 7,a7 to grant rights of use1 occupancy1 and operation within ,nuclear ,energy ,launch ,pad ,zones4 7ii7 ,inclusions ,an agreement under clause 7i7 may take the form of-- 7,i7 an enhanced use lease2 7,,ii7 a transaction authorized under section #fdf7;g7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbef7;g772 7,,iii7 a ,strategic ,partnership ,project agreement with the ,department's management and operations contractor for a ,national ,laboratory2 or 7,,iv7 any other contractual instrument that the ,assistant ,secretary determines appropriate for a given project4 7#f7 ,streamlined licensing pathways ,the ,assistant ,secretary shall seek to leverage the existing ,department authorities for advanced nuclear technologies and the existing framework for coordination with the ,nuclear ,regulatory ,commission1 including the memorandum of understanding between the ,department and the ,nuclear ,regulatory ,commission relating to nuclear energy innovation and effective on ,october #g1 #bjai 7including subsequent addenda to that memorandum71 or1 if necessary1 may enter into a new memorandum of understanding to provide for expedited licensing pathways for advanced nuclear technologies that are tested or demonstrated under the ,launch ,pad4 7#g7 ,do,e authorities ,a facility constructed and operated under the ,launch ,pad for testing and demonstration purposes shall be considered to be under contract with and for the account of the ,department for purposes of section #aaj a4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #badj7;a774 7#h7 ,non-federal cost responsibility ,eligible private entities selected to participate in the ,launch ,pad under paragraph 7#e77;,a7 shall bear the full costs of design1 construction1 operation1 and decommissioning of advanced nuclear technologies authorized under the ,launch ,pad4 7#i7 ,financial assurance 7,a7 ,in general ,the ,assistant ,secretary may require1 as a condition of an agreement under paragraph 7#e77;,b77i71 that an eligible private entity provide financial assurance in such form1 amount1 and duration as the ,assistant ,secretary determines appropriate to ensure the fulfillment of obligations to the ,department in the event of abandonment1 default1 or other failure to perform4 7,b7 ,types of assurance2 phased basis ,financial assurance under this paragraph-- 7i7 may include surety bonds1 letters of credit1 insurance1 parent company guarantees1 or other financial instruments acceptable to the ,assistant ,secretary2 and 7ii7 may be established on a phased basis in accordance with project development milestones1 including to cover decommissioning1 site restoration1 and related costs4 7#aj7 ,savings provision ,nothing in this subsection limits or otherwise diminishes the statutory authority of the ,secretary under the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq47 or any other provision of law1 including with respect to activities performed off of ,federal ,government-owned or ,federal ,government-controlled sites4 4 #d4 ,role of ,federal power marketing administrations with respect to nuclear power 7a7 ,in general ,section #cjb7;a7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaeb7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in the first sentence1 by striking ,administration1 shall and inserting ,administration shall2 and 7,b7 in the second sentence1 by striking in paragraphs 7#a7 7,a71 7#a7 7,b71 7#a7 7,c71 and 7#a7 7,d7 and inserting subparagraphs 7,a7 through 7,c7 of paragraph 7#a72 7#b7 in paragraph 7#c7-- 7,a7 in the first sentence1 by striking in paragraphs 7#a7 7,e7 and 7#a7 7,f7 and inserting by subparagraphs 7,d7 and 7,e7 of paragraph 7#a72 and 7,b7 in the second sentence by striking 7#a7 7,e7 and inserting 7#a77;,d72 and 7#c7 by adding at the end the following3 7#d7 7,a7 ,the ,secretary may utilize the ,federal power marketing administrations 7including the ,southeastern ,power ,administration1 the ,southwestern ,power ,administration1 the ,bonneville ,power ,administration1 and the ,western ,area ,power ,administration7 to purchase1 transmit1 or enter into contracts to market electric power generated by nuclear facilities4 7,b7 ,the authority provided under this paragraph shall be exercised in accordance with1 and subject to1 the authorities1 limitations1 and procedural requirements otherwise applicable to a ,federal power marketing administration with respect to the acquisition of electric power resources under otherwise applicable law4 4 7b7 ,federal power 7#a7 ,in general ,unless expressly provided otherwise1 any reference in any provision of ,federal law 7including regulations7 to ,federal power or electric energy generated at a ,federal project shall be deemed to include electric energy generated by a nuclear facility to the extent that such electric energy is purchased1 transmitted1 or marketed by a ,federal power marketing agency 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif774 7#b7 ,rule of construction ,nothing in this subsection alters or supersedes the authorities1 limitations1 or procedural requirements applicable to a ,federal power marketing administration with respect to the acquisition of electric power resources under otherwise applicable law4 #e4 ,advanced ,reactor ,demonstration ,program ,section #iei;,a of the ,energy ,policy ,act of #bjje is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,office of ,nuclear ,energy 7#a7 ,in general ,the program established under subsection 7b7 shall be administered by the ,office of ,nuclear ,energy of the ,department4 7#b7 ,deadline ,not later than #cj days after the date of enactment of the ,nuclear ,energy ,innovation and ,deployment ,act of #bjbf1 the ,secretary shall take such actions as are necessary to carry out paragraph 7#a74 4 #f4 ,surplus plutonium for commercial reactors 7a7 ,establishment 7#a7 ,in general ,the ,secretary of ,energy shall establish within the ,office of ,nuclear ,energy a milestone-based program to be known as the ,surplus ,plutonium for ,commercial ,reactors ,program 7in this section referred to as the ,program71 which shall be headed by the ,assistant ,secretary for ,nuclear ,energy 7in this section referred to as the ,assistant ,secretary74 7#b7 ,continuation of ongoing activities ,the ,program shall include1 and the ,secretary shall continue to carry out1 activities undertaken before the date of enactment of this ,act to solicit1 evaluate1 select1 or enter into agreements with industry for the processing1 fabrication1 or utilization of surplus plutonium for advanced nuclear reactor fuel4 7b7 ,duties 7#a7 ,in general ,in carrying out the ,program1 the ,assistant ,secretary1 in collaboration with the ,under ,secretary for ,nuclear ,security and the ,assistant ,secretary for ,environmental ,management1 shall-- 7,a7 utilize solicitations1 requests for applications1 expressions of interest1 or other selection processes issued before1 on1 or after the date of enactment of this ,act to identify1 qualify1 and select ,united ,states commercial nuclear fuel fabricators and other entities that have been deemed qualified by the ,assistant ,secretary1 including having contracted fuel offtake 7in this section referred to as participants71 to receive and utilize surplus plutonium for fabrication into fuel for advanced nuclear reactors2 7,b7 enter into agreements with participants under the authority provided by section #fdf7;g7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbef7;g772 and 7,c7 distribute such plutonium to participants for processing and fabrication through a milestone-based program that requires participants to meet particular technical1 security1 and safeguards milestones1 as agreed to by the ,assistant ,secretary and the ,under ,secretary for ,nuclear ,security1 before a participant is awarded portions of material by the ,department4 7#b7 ,timeline ,the ,assistant ,secretary shall continue and1 as necessary1 complete activities under paragraph 7#a7 as follows3 7,a7 ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,secretary shall complete the execution of initial agreements under paragraph 7#a77;,b74 7,b7 ,not later than ,january #a1 #bjbh1 the ,assistant ,secretary shall commence distribution of material under paragraph 7#a77;,c71 subject to participants meeting the milestones required under the ,program4 7,c7 ,not later than ,january #a1 #bjce1 the ,assistant ,secretary shall complete distribution of material under paragraph 7#a77;,c71 subject to participants meeting the milestones required under the ,program4 7c7 ,termination of surplus plutonium dilute and dispose program ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall-- 7#a7 terminate the ,surplus ,plutonium ,dilute and ,dispose ,program1 except to the extent needed to dispose of material that presents a safety concern or is not of use to the ,office of ,nuclear ,energy2 and 7#b7 resume operations of ,,hb ,line at the ,savannah ,river ,site1 ,south ,carolina4 7d7 ,transfer 7#a7 ,in general ,upon termination of the ,surplus ,plutonium ,dilute and ,dispose ,program pursuant to subsection 7c71 any unobligated amounts previously appropriated or otherwise made available to the ,department of ,energy for the ,surplus ,plutonium ,dilute and ,dispose ,program shall be transferred to the ,office of ,nuclear ,energy1 except to the extent such amounts are needed to complete processing and transfer of final disposition of previously downblended material4 7#b7 ,use of funds ,the ,assistant ,secretary shall use the funds transferred pursuant to paragraph 7#a7 carry out this section4 7e7 ,annual briefing ,not later than #a year after the date of enactment of this ,act1 and annually thereafter until such time the ,program is completed1 the ,assistant ,secretary1 in coordination with the ,under ,secretary for ,nuclear ,security and the ,assistant ,secretary for ,environmental ,management1 shall provide to the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,armed ,services of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,armed ,services of the ,house of ,representatives a briefing on the progress of the ,program4 7f7 ,rule of construction ,nothing in this section shall be construed to modify or otherwise affect the legal obligations of the ,department of ,energy to the ,state of ,south ,carolina4