I 

116TH CONGRESS 

1ST SESSION H. R. 3358 

To amend the Energy Policy Act of 2005 to direct the Secretary of Energy 

to carry out demonstration projects relating to advanced nuclear reactor 

technologies to support domestic energy needs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2019 

Mr. HIGGINS of Louisiana introduced the following bill; which was referred 

to the Committee on Science, Space, and Technology 

A BILL 

To amend the Energy Policy Act of 2005 to direct the 

Secretary of Energy to carry out demonstration projects 

relating to advanced nuclear reactor technologies to support domestic energy needs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Advanced Nuclear En5 ergy Technologies Act’’. 


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1 SEC. 2. ADVANCED NUCLEAR REACTOR RESEARCH AND DE2 VELOPMENT GOALS. 

3 (a) IN GENERAL.—Subtitle E of title IX of the En4 ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH 

7 AND DEVELOPMENT GOALS. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 

10 term ‘advanced nuclear reactor’ means a— 

11 ‘‘(A) nuclear fission or fusion reactor, in12 cluding a prototype plant (as defined in sections 

13 50.2 and 52.1 of title 10, Code of Federal Reg14 ulations (or successor regulations)), with sig15 nificant improvements compared to commercial 

16 nuclear reactors under construction as of the 

17 date of enactment of this section, including im18 provements such as— 

19 ‘‘(i) additional inherent safety fea20 tures; 

21 ‘‘(ii) lower waste yields; 

22 ‘‘(iii) improved fuel performance; 

23 ‘‘(iv) increased tolerance to loss of 

24 fuel cooling; 

25 ‘‘(v) enhanced reliability; 


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1 ‘‘(vi) increased proliferation resist2 ance; 

3 ‘‘(vii) increased thermal efficiency; 

4 ‘‘(viii) reduced consumption of cooling 

5 water; 

6 ‘‘(ix) the ability to integrate into elec7 tric applications and nonelectric applica8 tions; 

9 ‘‘(x) modular sizes to allow for deploy10 ment that corresponds with the demand 

11 for electricity; or 

12 ‘‘(xi) operational flexibility to respond 

13 to changes in demand for electricity and to 

14 complement integration with intermittent 

15 renewable energy; and 

16 ‘‘(B) a fusion reactor. 

17 ‘‘(2) DEMONSTRATION PROJECT.—The term 

18 ‘demonstration project’ means an advanced nuclear 

19 reactor operated— 

20 ‘‘(A) as part of the power generation facili21 ties of an electric utility system; or 

22 ‘‘(B) in any other manner for the purpose 

23 of demonstrating the suitability for commercial 

24 application of the advanced nuclear reactor. 


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1 ‘‘(b) PURPOSE.—The purpose of this section is to di2 rect the Secretary, as soon as practicable after the date 

3 of enactment of this section, to advance the research and 

4 development of domestic advanced, affordable, and clean 

5 nuclear energy by— 

6 ‘‘(1) demonstrating different advanced nuclear 

7 reactor technologies that could be used by the pri8 vate sector to produce— 

9 ‘‘(A) emission-free power at a cost of $60 

10 per mWh or less; 

11 ‘‘(B) heat for community heating, indus12 trial purposes, or synthetic fuel production; 

13 ‘‘(C) remote or off-grid energy supply; or 

14 ‘‘(D) backup or mission-critical power sup15 plies; 

16 ‘‘(2) developing subgoals for nuclear energy re17 search programs that would accomplish the goals of 

18 the demonstration projects carried out under sub19 section (c); 

20 ‘‘(3) identifying research areas that the private 

21 sector is unable or unwilling to undertake due to the 

22 cost of, or risks associated with, the research; and 

23 ‘‘(4) facilitating the access of the private sec24 tor— 


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1 ‘‘(A) to Federal research facilities and per2 sonnel; and 

3 ‘‘(B) to the results of research relating to 

4 civil nuclear technology funded by the Federal 

5 Government. 

6 ‘‘(c) DEMONSTRATION PROJECTS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

8 maximum extent practicable— 

9 ‘‘(A) complete not fewer than 2 advanced 

10 nuclear reactor demonstration projects by not 

11 later than December 31, 2025; and 

12 ‘‘(B) establish a program to demonstrate 

13 not fewer than 2, and not more than 4 addi14 tional operational advanced reactor designs by 

15 not later than December 31, 2035. 

16 ‘‘(2) REQUIREMENTS.—In carrying out dem17 onstration projects under paragraph (1), the Sec18 retary shall— 

19 ‘‘(A) include diversity in designs for the 

20 advanced nuclear reactors demonstrated under 

21 this section, including designs using various— 

22 ‘‘(i) primary coolants; 

23 ‘‘(ii) fuel types and compositions; and 

24 ‘‘(iii) neutron spectra; 

25 ‘‘(B) seek to ensure that— 


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1 ‘‘(i) the long-term cost of electricity or 

2 heat for each design to be demonstrated 

3 under this subsection is cost-competitive in 

4 the applicable market; and 

5 ‘‘(ii) selected projects can meet the 

6 deadline established in paragraph (1) to 

7 demonstrate first-of-a-kind advanced nu8 clear reactor technologies, for which addi9 tional information shall be considered, in10 cluding— 

11 ‘‘(I) the technology readiness 

12 level of a proposed advanced nuclear 

13 reactor technology; 

14 ‘‘(II) the technical abilities and 

15 qualifications of a team desiring to 

16 partner with the Department to dem17 onstrate a proposed advanced nuclear 

18 reactor technology; and 

19 ‘‘(III) the capacity to meet cost20 share requirements of the Depart21 ment; 

22 ‘‘(C) ensure that each evaluation of can23 didate technologies for the demonstration 

24 project is completed through an external review 

25 of the proposed design, which shall be conVerDate Sep 11 2014 23:23 Jun 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3358.IH H3358

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1 ducted by a panel that includes not fewer than 

2 1 representative of each of— 

3 ‘‘(i) an electric utility relevant to the 

4 intended initial deployment market; 

5 ‘‘(ii) the local government of the in6 tended initial deployment market; and 

7 ‘‘(iii) an entity that uses high-tem8 perature process heat for manufacturing or 

9 industrial processing, such as a petro10 chemical company, a manufacturer of met11 als, or a manufacturer of concrete, if appli12 cable; 

13 ‘‘(D) when applicable, enter into cost-shar14 ing agreements with partners in accordance 

15 with section 988 for the conduct of activities re16 lating to the research, development, and dem17 onstration of private sector advanced nuclear 

18 reactor designs under the program; 

19 ‘‘(E) work with private sector partners to 

20 identify potential sites, including Department 

21 owned sites, for demonstrations, as appropriate; 

22 and 

23 ‘‘(F) align specific activities carried out 

24 under demonstration projects carried out under 


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1 this subsection with priorities identified through 

2 direct consultations between— 

3 ‘‘(i) the Department; 

4 ‘‘(ii) the National Laboratories; 

5 ‘‘(iii) institutions of higher education; 

6 ‘‘(iv) traditional end-users (such as 

7 electric utilities); 

8 ‘‘(v) potential end-users of new tech9 nologies (such as users of high-tempera10 ture process heat for manufacturing proc11 essing, including petrochemical companies, 

12 manufacturers of metals, or manufacturers 

13 of concrete); and 

14 ‘‘(vi) developers of advanced nuclear 

15 reactor technology. 

16 ‘‘(3) ADDITIONAL REQUIREMENTS.—In car17 rying out demonstration projects under paragraph 

18 (1), the Secretary shall— 

19 ‘‘(A) identify candidate technologies that— 

20 ‘‘(i) are not developed sufficiently for 

21 demonstration within the initial required 

22 timeframe described in paragraph (1)(A); 

23 but 

24 ‘‘(ii) could be demonstrated within the 

25 timeframe described in paragraph (1)(B); 


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1 ‘‘(B) identify technical challenges to the 

2 candidate technologies identified in subpara3 graph (A); 

4 ‘‘(C) support near-term research and devel5 opment to address the highest risk technical 

6 challenges to the successful demonstration of a 

7 selected advanced reactor technology, in accord8 ance with— 

9 ‘‘(i) subparagraph (B); and 

10 ‘‘(ii) the research and development ac11 tivities under section 958; and 

12 ‘‘(D) establish such technology advisory 

13 working groups as the Secretary determines to 

14 be appropriate to advise the Secretary regard15 ing the technical challenges identified under 

16 subparagraph (B) and the scope of research 

17 and development programs to address the chal18 lenges, in accordance with subparagraph (C), to 

19 be comprised of— 

20 ‘‘(i) private sector advanced nuclear 

21 reactor technology developers; 

22 ‘‘(ii) technical experts with respect to 

23 the relevant technologies at institutions of 

24 higher education; and 


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1 ‘‘(iii) technical experts at the National 

2 Laboratories. 

3 ‘‘(d) GOALS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall estab5 lish goals for research relating to advanced nuclear 

6 reactors facilitated by the Department that support 

7 the objectives of the program for demonstration 

8 projects established under subsection (c). 

9 ‘‘(2) COORDINATION.—In developing the goals 

10 under paragraph (1), the Secretary shall coordinate, 

11 on an ongoing basis, with members of private indus12 try to advance the demonstration of various designs 

13 of advanced nuclear reactors. 

14 ‘‘(3) REQUIREMENTS.—In developing the goals 

15 under paragraph (1), the Secretary shall ensure 

16 that— 

17 ‘‘(A) research activities facilitated by the 

18 Department to meet the goals developed under 

19 this subsection are focused on key areas of nu20 clear research and deployment ranging from 

21 basic science to full-design development, safety 

22 evaluation, and licensing; 

23 ‘‘(B) research programs designed to meet 

24 the goals emphasize— 


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1 ‘‘(i) resolving materials challenges re2 lating to extreme environments, including 

3 extremely high levels of— 

4 ‘‘(I) radiation fluence; 

5 ‘‘(II) temperature; 

6 ‘‘(III) pressure; and 

7 ‘‘(IV) corrosion; and 

8 ‘‘(ii) qualification of advanced fuels; 

9 ‘‘(C) activities are carried out that address 

10 near-term challenges in modeling and simula11 tion to enable accelerated design and licensing; 

12 ‘‘(D) related technologies, such as tech13 nologies to manage, reduce, or reuse nuclear 

14 waste, are developed; 

15 ‘‘(E) nuclear research infrastructure is 

16 maintained or constructed, such as— 

17 ‘‘(i) currently operational research re18 actors at the National Laboratories and in19 stitutions of higher education; 

20 ‘‘(ii) hot cell research facilities; 

21 ‘‘(iii) a versatile fast neutron source; 

22 and 

23 ‘‘(iv) a molten salt testing facility; 

24 ‘‘(F) basic knowledge of nonlight water 

25 coolant physics and chemistry is improved; 


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1 ‘‘(G) advanced sensors and control systems 

2 are developed; and 

3 ‘‘(H) advanced manufacturing and ad4 vanced construction techniques and materials 

5 are investigated to reduce the cost of advanced 

6 nuclear reactors.’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 the Energy Policy Act of 2005 (Public Law 109–58; 119 

9 Stat. 594) is amended— 

10 (1) in the item relating to section 917, by strik11 ing ‘‘Efficiency’’; 

12 (2) by amending the items relating to sections 

13 957, 958, and 959 to read as follows: 

‘‘Sec. 957. High-performance computation and supportive research. 

‘‘Sec. 958. Enabling nuclear energy innovation. 

‘‘Sec. 959. Budget plan.’’; 

14 and 

15 (3) by inserting after the item relating to sec16 tion 959 the following: 

‘‘Sec. 959A. Advanced nuclear reactor research and development goals.’’. 

17 SEC. 3. NUCLEAR ENERGY STRATEGIC PLAN. 

18 (a) IN GENERAL.—Subtitle E of title IX of the En19 ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as 

20 amended by section 2(a)) is further amended by adding 

21 at the end the following: 


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1 ‘‘SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN. 

2 ‘‘(a) IN GENERAL.—Not later than 180 days after 

3 the date of enactment of this section, the Secretary shall 

4 submit to the Committee on Energy and Natural Re5 sources of the Senate and the Committees on Energy and 

6 Commerce and Science, Space, and Technology of the 

7 House of Representatives a 10-year strategic plan for the 

8 Office of Nuclear Energy of the Department, in accord9 ance with this section. 

10 ‘‘(b) REQUIREMENTS.— 

11 ‘‘(1) COMPONENTS.—The strategic plan under 

12 this section shall designate— 

13 ‘‘(A) programs that support the planned 

14 accomplishment of— 

15 ‘‘(i) the goals established under sec16 tion 959A; and 

17 ‘‘(ii) the demonstration programs 

18 identified under subsection (c) of that sec19 tion; and 

20 ‘‘(B) programs that— 

21 ‘‘(i) do not support the planned ac22 complishment of demonstration programs, 

23 or the goals, referred to in subparagraph 

24 (A); but 


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1 ‘‘(ii) are important to the mission of 

2 the Office of Nuclear Energy, as deter3 mined by the Secretary. 

4 ‘‘(2) PROGRAM PLANNING.—In developing the 

5 strategic plan under this section, the Secretary shall 

6 specify expected timelines for, as applicable— 

7 ‘‘(A) the accomplishment of relevant objec8 tives under current programs of the Depart9 ment; or 

10 ‘‘(B) the commencement of new programs 

11 to accomplish those objectives. 

12 ‘‘(c) UPDATES.—Not less frequently than once every 

13 2 years, the Secretary shall submit to the Committee on 

14 Energy and Natural Resources of the Senate and the 

15 Committees on Energy and Commerce and Science, Space, 

16 and Technology of the House of Representatives an up17 dated 10-year strategic plan in accordance with subsection 

18 (b), which shall identify, and provide a justification for, 

19 any major deviation from a previous strategic plan sub20 mitted under this section.’’. 

21 (b) TABLE OF CONTENTS.—The table of contents of 

22 the Energy Policy Act of 2005 (Public Law 109–58; 119 

23 Stat. 594) is further amended by inserting after the item 

24 relating to section 959A the following: 

‘‘Sec. 959B. Nuclear energy strategic plan.’’. 

Æ 


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