I 118th CONGRESS 1st Session H. R. 4678 IN THE HOUSE OF REPRESENTATIVES July 17, 2023 Mr. Donalds introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Energy and Commerce , 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 direct the Chairman of the Nuclear Regulatory Commission, the Administrator of the Federal Aviation Administration, and the Administrator of the Federal Emergency Management Agency to establish procedures for the deployment of microreactors at airports, and for other purposes.

1. Short title This Act may be cited as the Provide Logistical Aid to airports via advanced Nuclear Energy Act or the PLANE Act . 2. Findings Congress finds the following: (1) Airports generally have diesel generators on site as a backup power source in the event a natural disaster disrupts the primary power source of the airport. (2) Backup diesel generators are subject to potential fuel supply chain disruptions, especially in the event of a natural disaster, which may negatively impact public safety and may severely disrupt the airport’s operating procedures if the backup diesel generators aren’t available during a primary power source disruption event. (3) Generally speaking, airports store enough diesel fuel on-site to power their backup diesel generators for approximately 72 hours after the primary power source disruption event occurs. (4) Electricity is fundamental to aviation operations and the operation of many essential systems, equipment, technology, and tools of the airport, therefore maintaining a sufficient backup power capacity should be a priority. (5) Back-up power sources, such as diesel generators or microreactors, are critical to an airport’s operational continuity and may drive key airport functions in the event of a primary power source disruption event stemming from a natural disaster, including lights critical to illuminating runways, all electronics within the airport, airplane refueling stations, ticketing, signage, security checkpoints, retail and commercial concessions, and elevators and escalators. (6) Microreactors have the inherent benefit of avoiding diesel-related supply chain constraints, and have the potential to provide consistent, reliable, and clean electricity to power the airport during a primary power source disruption event. 3. Sense of Congress It is the sense of Congress that— (1) Federal Aviation Administration-certified airports should consider utilizing microreactors as an alternative to diesel backup generators in the event of a primary power source disruption; (2) the Federal Government should initiate discussions to deploy microreactors to respond to a primary power source disruption event stemming from a natural disaster; and (3) the Nuclear Regulatory Commission should collaborate with the Federal Aviation Administration and the Federal Emergency Management Agency to consider expedited licensing of microreactors to deploy in the event of primary power source disruption. 4. Microreactor deployment at airports (a) In general Not later than 270 days after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission, the Administrator of the Federal Aviation Administration, the Administrator of the Federal Emergency Management Agency, and the Secretary of Energy, or the designees thereof, shall collaborate to establish procedures to, as soon as practicable, deploy microreactors at airports to respond to a primary power source disruption event stemming from a natural disaster. (b) Considerations In establishing procedures under subsection (a), the Chairman of the Nuclear Regulatory Commission, the Administrator of the Federal Aviation Administration, the Administrator of the Federal Emergency Management Agency, and the Secretary of Energy shall consider, if the Chairman, Administrators, and Secretary determine appropriate— (1) expediting the Nuclear Regulatory Commission licensing process associated with deploying microreactors in the event of a natural disaster; (2) pre-deployment strategies of microreactors, including— (A) where airports currently store backup diesel generators and an overview of the process, including pros and cons, of utilizing backup diesel generators; (B) the inherent benefits of utilizing microreactors instead of a backup diesel generator and when a backup diesel generator will suffice; (C) how a microreactor would be transported to an airport and transportation-related processes associated with deploying the microreactor via plane, boat, rail, or truck, depending on the location of the airport; (D) any associated environmental considerations that would have to be alleviated to do so; (E) how to integrate microreactors into existing electrical grids in primary power source disruption events, including grid connection points, site load limits, and existing infrastructure; and (F) the timeliness of deploying the microreactor, including— (i) how long it would take to deploy the microreactor; (ii) how long it would take to set up the microreactor to get the microreactor operational; and (iii) how long it would take to disconnect the microreactor after the operational use; (3) deployment strategies of microreactors, including— (A) operating the microreactor in the deployment event, including considerations relating to— (i) personnel and labor and any associated training; and (ii) qualifications and considerations for who should be responsible for oversight of such personnel described in clause (i) and the deployment of the microreactor; (B) whether the operation of a microreactor would inhibit normal airport operations, in the event of a primary power source distribution, in comparison to a diesel generator; and (C) what facilities the microreactor would provide electricity to; (4) post-deployment strategies of microreactors, including potential public-private partnerships that could be used to assist with maintenance, replacement, storage, and disposal; and (5) other considerations, including— (A) what entity would own the microreactor and any contractual agreements or leases necessary for the operation of the reactor, including potential contracts with local utilities, the armed forces, or industry stakeholders to deliver the microreactor when necessary; (B) how the Nuclear Regulatory Commission can leverage ongoing and existing licensing procedures to maximize the effectiveness and efficiency of establishing procedures to deploy microreactors at airports; and (C) any other considerations that would be necessary to carry out the objective of this Act. (c) Report Not later than 120 days after a determination on appropriateness of the considerations described in subsection (b) is made, the Chairman of the Nuclear Regulatory Commission, the Administrator of the Federal Aviation Administration, the Administrator of the Federal Emergency Management Agency, and the Secretary of Energy shall submit to the Committee on Energy and Commerce, the Committee on Transportation and Infrastructure, and the Committee on Homeland Security of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate a report outlining the reasoning, findings, and any recommended procedures found in making such considerations. (d) FAA guidance update Not later than 180 days after the procedures under subsection (b) are finalized, the Administrator of the Federal Aviation Administration shall update guidance from the Administration to consider the use of microreactors in airport emergency plans. (e) Airport emergency plan update Not later than 270 days after the procedures under subsection (b) are finalized, the Administrator of the Federal Aviation Administration shall issue such regulations as are necessary to update section 139.325 of title 14, Code of Federal Regulations, to encourage certified airports to consider utilizing microreactors to provide backup power in the case of a primary power source disruption event as a result of an incident under subsection (b) of such section. (f) Definitions In this Act: (1) Microreactor The term microreactor means an advanced nuclear reactor (as such term is defined in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note)), including a portable nuclear reactor, that has an electricity generating capacity of not more than 20 megawatts of electricity and not more than 100 megawatts of thermal energy. (2) Natural disaster The term natural disaster has the meaning given the term major disaster in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ).