I 118th CONGRESS 1st Session H. R. 5706 IN THE HOUSE OF REPRESENTATIVES September 26, 2023 Mr. Donalds introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Architect of the Capitol, using existing funding, to study the feasibility of retrofitting the Capitol Power Plant to incorporate an advanced nuclear reactor.

1. Short title This Act may be cited as the U.S. Capitol Power Plant Retrofit Act . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) The Capitol Power Plant was originally built in 1910 to provide electricity for the United States Capitol Complex, and continued to provide electricity for the Complex until 1951. (2) In 1951, the Plant diverted its electricity responsibilities to a local utility, but instead utilized the Plant to provide steam and chilled water for building heating and cooling systems throughout the Complex. (3) In 2018, the Architect of the Capitol competed installation of a new combined heat and power natural gas-fired co-generation system, which has a natural gas-fired turbine that has the potential to generate 7.5 MWe and be paired with a heat recovery steam generator to produce steam. (4) The electricity that the Plant generates today is used to power certain internal operations in the Complex and to supply some of the demands of the chilled water system. (5) On average, two-thirds of electricity for the chilled water needs of the Complex is supplied by the Plant, with the rest of the required electricity purchased from a local utility. (b) Sense of Congress It is the sense of Congress that— (1) the Architect of the Capitol should be encouraged to collaborate with the Nuclear Regulatory Commission and the Department of Energy to determine the feasibility of retrofitting the Capitol Power Plant to incorporate an advanced nuclear reactor; (2) the Architect of the Capitol should recognize the inherent benefits that an advanced nuclear power plant can provide, including zero-emissions steam and chilled water production, grid resiliency, and energy independence; and (3) Congress understands that evaluating the feasibility of retrofitting the Capitol Power Plant to incorporate an advanced nuclear reactor will ultimately assist with improving public support for advanced nuclear energy. 3. Study of feasibility of retrofitting Capitol Power Plant to incorporate advanced nuclear reactor (a) In general Not later than 120 days after the date of the enactment of this Act, the Architect of the Capitol shall begin consultation with the Nuclear Regulatory Commission and the Department of Energy about developing and conducting a study of the feasibility of retrofitting the Capitol Power Plant to incorporate an advanced nuclear reactor. (b) Specifics of study (1) In general The feasibility study conducted under this section shall include, at a minimum, a general description of the background and objective of the feasibility study, and may also include any of the following: (A) Organizational responsibilities for the preparation of the study preparation. (B) Potential project stakeholders. (C) An analysis of the following: (i) The demand for electricity in the region of the Capitol Power Plant. (ii) The transmission capacity and transmission facilities and systems in such region. (iii) The structure of the market for electricity. (iv) How the construction and operation of the advanced nuclear reactor at the Plant would affect the issues described in clauses (i), (ii), and (iii). (v) The potential for the advanced nuclear reactor to produce electricity to not only provide power for the Capitol Complex but to produce chilled water and steam. (vi) Whether the piping capacity of the Plant is sufficient to produce and distribute heat through the Capitol Complex. (vii) Site analysis, including preliminary site layout and site preparation and potential effects of the advanced nuclear reactor and supporting facilities on the applicable region, including population distribution and current uses of land and water. (viii) Environmental analysis of constructing and operating the advanced nuclear reactor, including— (I) a comparison of similar characteristics in the applicable region; and (II) an overview of environmental protection requirements in the region. (ix) How to approach the licensing process and authorization for the siting, construction, and operation of the advanced nuclear reactor. (x) Potential contractual approaches, procurement plans, project schedules, project management, and risk management plans. (xi) Organizational requirements and responsibilities for each phase of retrofitting the Plant with an advanced nuclear reactor, including requirements and responsibilities relating to human resources and training, workforce logistics and staffing requirements, and maintenance of the advanced nuclear reactor. (xii) Economic feasibility of retrofitting the Plant with an advanced nuclear reactor, including a cost-benefit analysis. (xiii) Plans for emergency preparedness and coordination, including on-site emergency planning and coordination with off-site emergency response organizations. (xiv) Co-generation opportunities which may arise after the Plant is retrofitted with an advanced nuclear reactor. (xv) Safety and performance analysis, including— (I) fuel cycle evaluation and impact assessment; (II) radioactive and conventional waste management assessment; and (III) interim waste storage and related issues. (xvi) Decommissioning analysis for the advanced nuclear reactor, including the cost of decommissioning the advanced nuclear reactor, and the environmental impact of decommissioning the advanced nuclear reactor. (2) Other considerations The Architect of the Capitol may incorporate in the study the following additional considerations: (A) How retrofitting the Capitol Power Plant would affect other Federal and District of Columbia laws, including the Clean Air Act, and what would be needed in terms of regulatory clarity and licensing to retrofit the Plant with an advanced nuclear reactor. (B) Economic considerations relating to how the retrofitted power plant compares with the current combined heat and power natural gas-fired co-generation system, as well as how the retrofitted Plant compares with Plant when it was powered by coal and an analysis of how much retrofitting the plant with an advanced nuclear reactor would save the Federal Government and the American taxpayer annually. (C) How such feasibility would impact the utility energy service contract between the Architect of the Capitol and the local utility, including potential Federal funding opportunities to pay off the utility energy service contract before the May 2037 anticipated timeline. (D) How local power outages currently affect the Plant, and how the power outage impacts could be alleviated from retrofitting the Plant with an advanced nuclear reactor. (E) The potential for the retrofitted Plant to once again provide electricity, along with steam and chilled water, to the Capitol Complex, and how this would benefit the Complex in terms of grid security and protection against cyberattacks and digital data infiltration efforts. (F) How retrofitting the Plant to incorporate an advanced nuclear reactor would fit within the Greening the Capitol Initiative , which was created in March 2007 to provide an environmentally responsible and healthy working environment for employees . (G) How the retrofitted Plant can take advantage of the high-energy waste heat and other biproducts of operating an advanced nuclear reactor. (H) The extent to which there is an opportunity to keep the existing combined heat and power natural gas-fired co-generation system infrastructure, and the extent to which there is a possibility for the advanced nuclear reactor to provide electricity, chilled water, and steam (or any combination thereof). (I) The role of thermal combustion resources and infrastructure in the Plant’s existing operational capacity, and what the role of such resources and infrastructure would be if the Plant was retrofitted with an advanced nuclear reactor. (J) How to incorporate a consent-based, community-focused approach for conducting this feasibility study, including sharing the facts with surrounding businesses, residents, and the general public, including tourists and other individuals that visit the Capitol Complex for business purposes, and how to alleviate concerns relating to the feasibility of retrofitting the Plant with an advanced nuclear reactor. (K) Whether energy savings performance contracts available to the Architect of the Capitol, and which are currently used mostly for building improvements, can be utilized to retrofit the Plant with an advanced nuclear reactor. (L) Whether the Plant can continue operations during the process of retrofitting the plant with an advanced nuclear reactor, and related concerns. (M) How to secure the Plant from sabotage and other forms of attack, including physical and cyber attack. (N) How to ensure that the emergency planning zone surrounding the advanced nuclear reactor, as required under regulations of the Nuclear Regulatory Commission, is small enough to ensure the safety of the Plant. (c) Public sessions During the course of conducting the feasibility study under this section, the Architect of the Capitol, in conjunction with the Department of Energy and the Nuclear Regulatory Commission, shall hold at least two in-person public sessions to give members of the public the opportunity to learn about the study, and shall provide the public with notice of such sessions to the greatest extent possible. (d) Deadline for completion The Architect of the Capitol shall complete the feasibility study under this section not later than 2 years after the date of the enactment of this Act. (e) Advanced nuclear reactor defined The term advanced nuclear reactor means— (1) a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to reactors operating on October 19, 2016, including improvements such as— (A) additional inherent safety features, including features designed to prevent the release of radioactive material; (B) lower waste yields; (C) improved fuel and material performance; (D) increased tolerance to loss of fuel cooling; (E) enhanced reliability or improved resilience; (F) increased proliferation resistance; (G) increased thermal efficiency; (H) reduced consumption of cooling water and other environmental impacts; (I) the ability to integrate into electric applications and nonelectric applications; (J) modular sizes to allow for deployment that corresponds with the demand for electricity or process heat; and (K) operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage; (2) a fusion reactor; and (3) a radioisotope power system that utilizes heat from radioactive decay to generate energy. 4. Report (a) Report Not later than 60 days after completing the feasibility study under section 3, the Architect of the Capitol shall submit a report to the appropriate congressional committees that outlines the findings of the feasibility study, along with the Architect’s final determination as to the whether it is feasible to retrofit the current Capitol Power Plant to encompass an advanced nuclear reactor. (b) Appropriate congressional committees defined The term appropriate congressional committees means— (1) the Committee on Energy and Commerce and the Committee on House Administration of the House of Representatives; and (2) the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Rules and Administration of the Senate. 5. Use of existing funds The Architect of the Capitol shall carry out this Act using funds appropriated for the Office of the Architect of the Capitol prior to the date of the enactment of this Act which remain unobligated as of such date.