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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4979 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 4979

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2016

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advanced Nuclear Technology 
Development Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Nuclear energy generates approximately 20 percent of 
        the total electricity and approximately 60 percent of the 
        carbon-free electricity of the United States.
            (2) Nuclear power plants operate consistently at a 90 
        percent capacity factor, and provide consumers and businesses 
        with reliable and affordable electricity.
            (3) Nuclear power plants generate billions of dollars in 
        national economic activity through nationwide procurements and 
        provide thousands of Americans with high paying jobs 
        contributing substantially to the local economies in 
        communities where they operate.
            (4) The United States commercial nuclear industry must 
        continue to lead the international civilian nuclear 
        marketplace, because it is one of our most powerful national 
        security tools, guaranteeing the safe, secure, and exclusively 
        peaceful use of nuclear energy.
            (5) Maintaining the Nation's nuclear fleet of commercial 
        light water reactors and expanding the use of new advanced 
        reactor designs would support continued production of reliable 
        baseload electricity and maintain United States global 
        leadership in nuclear power.
            (6) Nuclear fusion technology also has the potential to 
        generate electricity with significantly increased safety 
        performance and no radioactive waste.
            (7) The development of advanced reactor designs would 
        benefit from a performance-based, risk-informed, efficient, and 
        cost-effective regulatory framework with defined milestones and 
        the opportunity for applicants to demonstrate progress through 
        Nuclear Regulatory Commission approval.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advanced nuclear reactor.--The term ``advanced nuclear 
        reactor'' means--
                    (A) a nuclear fission reactor with significant 
                improvements over the most recent generation of nuclear 
                fission reactors, which may include inherent safety 
                features, lower waste yields, greater fuel utilization, 
                superior reliability, resistance to proliferation, and 
                increased thermal efficiency; or
                    (B) a nuclear fusion reactor.
            (2) Department.--The term ``Department'' means the 
        Department of Energy.
            (3) Licensing.--The term ``licensing'' means NRC activities 
        related to reviewing applications for licenses, permits, and 
        design certifications, and requests for any other regulatory 
        approval for nuclear reactors within the responsibilities of 
        the NRC under the Atomic Energy Act of 1954.
            (4) National laboratory.--The term ``National Laboratory'' 
        has the meaning given that term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (5) NRC.--The term ``NRC'' means the Nuclear Regulatory 
        Commission.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 4. AGENCY COORDINATION.

    The NRC and the Department shall enter into the a memorandum of 
understanding regarding the following topics:
            (1) Technical expertise.--Ensuring that the Department has 
        sufficient technical expertise to support the civilian nuclear 
        industry's timely research, development, demonstration, and 
        commercial application of safe, innovative advanced reactor 
        technology and the NRC has sufficient technical expertise to 
        support the evaluation of applications for licenses, permits, 
        and design certifications, and other requests for regulatory 
        approval for advanced reactors.
            (2) Modeling and simulation.--The use of computers and 
        software codes to calculate the behavior and performance of 
        advanced reactors based on mathematical models of their 
        physical behavior.
            (3) Facilities.--Ensuring that the Department maintains and 
        develops the facilities to enable the civilian nuclear 
        industry's timely research, development, demonstration, and 
        commercial application of safe, innovative reactor technology 
        and ensuring that the NRC has access to such facilities, as 
        needed.

SEC. 5. REPORTING TO CONGRESS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in consultation with the National 
Laboratories, relevant Federal agencies, and other stakeholders, shall 
submit to the Committee on Energy and Commerce and the Committee on 
Science, Space, and Technology of the House of Representatives and the 
Committee on Environment and Public Works and the Committee Energy and 
Natural Resources of the Senate a report assessing the capabilities of 
the Department to authorize, host, and oversee privately proposed and 
funded experimental reactors.
    (b) Contents.--Such report shall address--
            (1) the safety review and oversight capabilities of the 
        Department, including options to leverage expertise from the 
        NRC and the National Laboratories;
            (2) options to regulate Department hosted, privately 
        proposed and funded experimental reactors;
            (3) potential sites capable of hosting the activities 
        described in subsection (a);
            (4) the efficacy of the available contractual mechanisms of 
        the Department to partner with the private sector and other 
        Federal agencies, including cooperative research and 
        development agreements, strategic partnership projects, and 
        agreements for commercializing technology;
            (5) the Federal Government's liability with respect to the 
        disposal of low-level radioactive waste, spent nuclear fuel, or 
        high-level radioactive waste, as defined by section 2 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101);
            (6) the impact on the Nation's aggregate inventory of low-
        level radioactive waste, spent nuclear fuel, or high-level 
        radioactive waste;
            (7) potential cost structures relating to physical 
        security, decommissioning, liability, and other long-term 
        project costs; and
            (8) other challenges or considerations identified by the 
        Secretary.
    (c) Updates.--The Secretary shall update relevant provisions of the 
report submitted under subsection (a) every 2 years and submit that 
update to the Committee on Energy and Commerce and the Committee on 
Science, Space, and Technology of the House of Representatives and the 
Committee on Environment and Public Works and the Committee Energy and 
Natural Resources of the Senate.

SEC. 6. ADVANCED REACTOR REGULATORY FRAMEWORK.

    (a) Plan Required.--Not later than 1 year after the date of 
enactment of this Act, the NRC shall transmit to the Committee on 
Energy and Commerce and the Committee on Science, Space, and Technology 
of the House of Representatives and the Committee on Environment and 
Public Works of the Senate a plan for developing an efficient, risk-
informed, technology-neutral framework for advanced reactor licensing. 
The plan shall evaluate the following subjects, consistent with the 
NRC's role in protecting public health and safety and common defense 
and security:
            (1) The unique aspects of advanced reactor licensing and 
        any associated legal, regulatory, and policy issues the NRC 
        will need to address to develop a framework for licensing 
        advanced reactors.
            (2) Options for licensing advanced reactors under existing 
        NRC regulations in title 10 of the Code of Federal Regulations, 
        a proposed new regulatory framework, or a combination of these 
        approaches.
            (3) Options to expedite and streamline the licensing of 
        advanced reactors, including opportunities to minimize the time 
        from application submittal to final NRC licensing decision and 
        minimize the delays that may result from any necessary 
        amendments or supplements to applications.
            (4) Options to expand the incorporation of consensus-based 
        codes and standards into the advanced reactor regulatory 
        framework to minimize time to completion and provide 
        flexibility in implementation.
            (5) Options to make the advanced reactor licensing 
        framework more predictable. This evaluation should consider 
        opportunities to improve the process by which application 
        review milestones are established and maintained.
            (6) Options to allow applicants to use phased review 
        processes under which the NRC issues approvals that do not 
        require the NRC to re-review previously approved information. 
        This evaluation shall consider the NRC's ability to review and 
        conditionally approve partial applications, early design 
        information, and submittals that contain design criteria and 
        processes to be used to develop information to support a later 
        phase of the design review.
            (7) The extent to which NRC action or modification of 
        policy is needed to implement any part of the plan required by 
        this subsection.
            (8) The role of licensing advanced reactors within NRC 
        long-term strategic resource planning, staffing, and funding 
        levels.
            (9) Options to provide cost-sharing financial structures 
        for license applicants in a phased licensing process.
    (b) Coordination and Stakeholder Input Required.--In developing the 
plan required by subsection (a), the NRC shall seek input from the 
Department, the nuclear industry, and other public stakeholders.
    (c) Cost and Schedule Estimate.--The plan required by subsection 
(a) shall include proposed cost estimates, budgets, and specific 
milestones for implementing the advanced reactor regulatory framework 
by September 30, 2019.
    (d) Design Certification Status.--In the NRC's first budget request 
after the acceptance of any design certification application for an 
advanced nuclear reactor, and annually thereafter, the NRC shall 
provide the status of performance metrics and milestone schedules. The 
budget request shall include a plan to correct or recover from any 
milestone schedule delays, including delays because of NRC's inability 
to commit resources for its review of the design certification 
applications.

SEC. 7. USER FEES AND ANNUAL CHARGES.

    Section 6101(c)(2)(A) of the Omnibus Budget Reconciliation Act of 
1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
            (1) by striking ``and'' at the end of clause (iii);
            (2) by striking the period at the end of clause (iv) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(v) for fiscal years ending before 
                        October 1, 2020, amounts appropriated to the 
                        Commission for activities related to the 
                        development of regulatory infrastructure for 
                        advanced nuclear reactor technologies.''.

            Passed the House of Representatives September 12, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```