I 

114TH CONGRESS 

2D SESSION H. R. 4979 

To foster civilian research and development of advanced nuclear energy technologies and enhance the licensing and commercial deployment of such 

technologies. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2016 

Mr. LATTA (for himself and Mr. MCNERNEY) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on Science, Space, and Technology, 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 foster civilian research and development of advanced nuclear energy technologies and enhance the licensing and 

commercial deployment of such technologies. 

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 

5 Technology Development Act of 2016’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Nuclear energy generates approximately 20 

2 percent of the total electricity and approximately 60 

3 percent of the carbon-free electricity of the United 

4 States. 

5 (2) Nuclear power plants operate consistently at 

6 a 90 percent capacity factor, and provide consumers 

7 and businesses with reliable and affordable elec8 tricity. 

9 (3) Nuclear power plants generate billions of 

10 dollars in national economic activity through nation11 wide procurements and provide thousands of Ameri12 cans with high paying jobs contributing substantially 

13 to the local economies in communities where they 

14 operate. 

15 (4) The United States commercial nuclear in16 dustry must continue to lead the international civil17 ian nuclear marketplace, because it is one of our 

18 most powerful national security tools, guaranteeing 

19 the safe, secure, and exclusively peaceful use of nu20 clear energy. 

21 (5) Maintaining the Nation’s nuclear fleet of 

22 commercial light water reactors and expanding the 

23 use of new advanced reactor designs would support 

24 continued production of reliable baseload electricity 


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1 and maintain United States global leadership in nu2 clear power. 

3 (6) The development of advanced reactor de4 signs would benefit from a performance-based, risk5 informed, efficient, and cost-effective regulatory 

6 framework with defined milestones and the oppor7 tunity for applicants to demonstrate progress 

8 through Nuclear Regulatory Commission approval. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) ADVANCED REACTOR.—The term ‘‘advanced 

12 reactor’’ means a nuclear fission reactor with signifi13 cant design improvements over the most recent gen14 eration of nuclear reactors. Such improvements may 

15 include inherent safety features, lower waste yields, 

16 greater fuel utilization, superior reliability, resist17 ance to proliferation, and increased thermal effi18 ciency. 

19 (2) DEPARTMENT.—The term ‘‘Department’’ 

20 means the Department of Energy. 

21 (3) LICENSING.—The term ‘‘licensing’’ means 

22 NRC activities related to reviewing applications for 

23 licenses, permits, and design certifications, and re24 quests for any other regulatory approval for nuclear 


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1 reactors within the responsibilities of the NRC under 

2 the Atomic Energy Act of 1954. 

3 (4) NATIONAL LABORATORY.—The term ‘‘Na4 tional Laboratory’’ has the meaning given that term 

5 in section 2 of the Energy Policy Act of 2005 (42 

6 U.S.C. 15801). 

7 (5) NRC.—The term ‘‘NRC’’ means the Nu8 clear Regulatory Commission. 

9 (6) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Energy. 

11 SEC. 4. AGENCY COORDINATION. 

12 The NRC and the Department shall enter into the 

13 a memorandum of understanding regarding the following 

14 topics: 

15 (1) TECHNICAL EXPERTISE.—Ensuring that 

16 the Department has sufficient technical expertise to 

17 support the civilian nuclear industry’s timely devel18 opment and commercial deployment of safe, innova19 tive advanced reactor technology and the NRC has 

20 sufficient technical expertise to support the evalua21 tion of applications for licenses, permits, and design 

22 certifications, and other requests for regulatory ap23 proval for advanced reactors. 

24 (2) MODELING AND SIMULATION.—The use of 

25 computers and software codes to calculate the behavVerDate Sep 11 2014 23:44 Apr 22, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4979.IH H4979

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1 ior and performance of advanced reactors based on 

2 mathematical models of their physical behavior. 

3 (3) FACILITIES.—Ensuring that the Depart4 ment maintains and develops the facilities to support 

5 the civilian nuclear industry’s timely development 

6 and commercial deployment of safe, innovative reac7 tor technology and ensuring that the NRC has ac8 cess to such facilities, as needed. 

9 SEC. 5. REPORTING TO CONGRESS. 

10 Not later than 180 days after the date of enactment 

11 of this Act, the Secretary shall transmit to the Committee 

12 on Energy and Commerce of the House of Representatives 

13 and the Committee on Energy and Natural Resources of 

14 the Senate a report that evaluates the status of activities 

15 intended to facilitate the testing and demonstration of ad16 vanced reactors on Department land and facilities and the 

17 potential for the Department to use testing and dem18 onstration on private land. 

19 SEC. 6. ADVANCED REACTOR REGULATORY FRAMEWORK. 

20 (a) PLAN REQUIRED.—Not later than 270 days after 

21 the date of enactment of this Act, the NRC shall transmit 

22 to the Committee on Energy and Commerce of the House 

23 of Representatives and the Committee on Environment 

24 and Public Works of the Senate a plan for developing an 

25 efficient, risk-informed, technology-neutral framework for 


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1 advanced reactor licensing. The plan shall evaluate the fol2 lowing subjects, consistent with the NRC’s role in pro3 tecting public health and safety and common defense and 

4 security: 

5 (1) The unique aspects of advanced reactor li6 censing and any associated legal, regulatory, and 

7 policy issues the NRC will need to address to de8 velop a framework for licensing advanced reactors. 

9 (2) Options for licensing advanced reactors 

10 under existing NRC regulations in title 10 of the 

11 Code of Federal Regulations, a proposed new regu12 latory framework, or a combination of these ap13 proaches. 

14 (3) Options to expedite and streamline the li15 censing of advanced reactors, including opportunities 

16 to minimize the time from application submittal to 

17 final NRC approval and minimize the delays that 

18 may result from any necessary amendments or sup19 plements to applications. 

20 (4) Options to expand the incorporation of con21 sensus-based codes and standards into the advanced 

22 reactor regulatory framework to minimize time to 

23 completion and provide flexibility in implementation. 

24 (5) Options to make the advanced reactor li25 censing framework more predictable. This evaluation 


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1 should consider opportunities to improve the process 

2 by which application review milestones are estab3 lished and maintained. 

4 (6) Options to allow applicants to use phased 

5 review processes under which the NRC issues ap6 provals that do not require the NRC to re-review 

7 previously approved information. This evaluation 

8 shall consider the NRC’s ability to review and condi9 tionally approve partial applications, early design in10 formation, and submittals that contain design cri11 teria and processes to be used to develop information 

12 to support a later phase of the design review. 

13 (7) The extent to which NRC action or modi14 fication of policy is needed to implement any part of 

15 the plan required by this subsection. 

16 (8) The role of licensing advanced reactors 

17 within NRC long-term strategic resource planning, 

18 staffing, and funding levels. 

19 (b) COORDINATION AND STAKEHOLDER INPUT RE20 QUIRED.—In developing the plan required by subsection 

21 (a), the NRC shall seek input from the Department, the 

22 nuclear industry, and other public stakeholders. 

23 (c) COST AND SCHEDULE ESTIMATE.—The plan re24 quired by subsection (a) shall include proposed cost estiVerDate Sep 11 2014 23:44 Apr 22, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4979.IH H4979

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1 mates, budgets, and specific milestones for implementing 

2 the advanced reactor regulatory framework by 2019. 

3 SEC. 7. USER FEES AND ANNUAL CHARGES. 

4 Section 6101(c)(2)(A) of the Omnibus Budget Rec5 onciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is 

6 amended— 

7 (1) by striking ‘‘and’’ at the end of clause (iii); 

8 (2) by striking the period at the end of clause 

9 (iv) and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(v) for fiscal years ending before Oc12 tober 1, 2020, amounts appropriated to 

13 the Commission for activities related to the 

14 development of regulatory infrastructure 

15 for advanced nuclear reactor tech16 nologies.’’. 

Æ 


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