IB 

Union Calendar No. 573 

114TH CONGRESS 

2D SESSION H. R. 4979 

[Report No. 114–737, Part I] 

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 

SEPTEMBER 12, 2016 

Additional sponsors: Mr. LONG, Mr. GENE GREEN of Texas, Mr. OLSON, Mr. 

FLORES, Mr. MULLIN, Mr. POMPEO, Mr. MOULTON, Mr. COLLINS of 

New York, Mr. HARPER, Mr. JOHNSON of Ohio, Mr. TONKO, Mr. HUDSON, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. GUINTA, Mr. MCKINLEY, Mr. KINZINGER of Illinois, and Mr. FLEISCHMANN

SEPTEMBER 12, 2016 

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 12, 2016 

The Committee on Science, Space, and Technology discharged; committed to 

the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 18, 2016] 


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A BILL 

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

commercial deployment of such technologies. 


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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 Tech5 nology Development Act of 2016’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Nuclear energy generates approximately 20 

9 percent of the total electricity and approximately 60 

10 percent of the carbon-free electricity of the United 

11 States. 

12 (2) Nuclear power plants operate consistently at 

13 a 90 percent capacity factor, and provide consumers 

14 and businesses with reliable and affordable electricity. 

15 (3) Nuclear power plants generate billions of dol16 lars in national economic activity through nation17 wide procurements and provide thousands of Ameri18 cans with high paying jobs contributing substantially 

19 to the local economies in communities where they op20 erate. 

21 (4) The United States commercial nuclear indus22 try must continue to lead the international civilian 

23 nuclear marketplace, because it is one of our most 

24 powerful national security tools, guaranteeing the 


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1 safe, secure, and exclusively peaceful use of nuclear 

2 energy. 

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

4 commercial light water reactors and expanding the 

5 use of new advanced reactor designs would support 

6 continued production of reliable baseload electricity 

7 and maintain United States global leadership in nu8 clear power. 

9 (6) Nuclear fusion technology also has the poten10 tial to generate electricity with significantly increased 

11 safety performance and no radioactive waste. 

12 (7) The development of advanced reactor designs 

13 would benefit from a performance-based, risk-in14 formed, efficient, and cost-effective regulatory frame15 work with defined milestones and the opportunity for 

16 applicants to demonstrate progress through Nuclear 

17 Regulatory Commission approval. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

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

21 reactor’’ means a nuclear reactor with significant de22 sign improvements over the most recent generation of 

23 nuclear reactors. Such improvements may include in24 herent safety features, lower waste yields, greater fuel 


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1 utilization, superior reliability, resistance to pro2 liferation, and increased thermal efficiency. 

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

4 means the Department of Energy. 

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

6 NRC activities related to reviewing applications for 

7 licenses, permits, and design certifications, and re8 quests for any other regulatory approval for nuclear 

9 reactors within the responsibilities of the NRC under 

10 the Atomic Energy Act of 1954. 

11 (4) NATIONAL LABORATORY.—The term ‘‘Na12 tional Laboratory’’ has the meaning given that term 

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

14 U.S.C. 15801). 

15 (5) NRC.—The term ‘‘NRC’’ means the Nuclear 

16 Regulatory Commission. 

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

18 the Secretary of Energy. 

19 SEC. 4. AGENCY COORDINATION. 

20 The NRC and the Department shall enter into the a 

21 memorandum of understanding regarding the following top22 ics: 

23 (1) TECHNICAL EXPERTISE.—Ensuring that the 

24 Department has sufficient technical expertise to sup25 port the civilian nuclear industry’s timely developVerDate Sep 11 2014 23:21 Sep 12, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H4979.RH H4979

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1 ment and commercial deployment of safe, innovative 

2 advanced reactor technology and the NRC has suffi3 cient technical expertise to support the evaluation of 

4 applications for licenses, permits, and design certifi5 cations, and other requests for regulatory approval for 

6 advanced reactors. 

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

8 computers and software codes to calculate the behavior 

9 and performance of advanced reactors based on math10 ematical models of their physical behavior. 

11 (3) FACILITIES.—Ensuring that the Department 

12 maintains and develops the facilities to support the 

13 civilian nuclear industry’s timely development and 

14 commercial deployment of safe, innovative reactor 

15 technology and ensuring that the NRC has access to 

16 such facilities, as needed. 

17 SEC. 5. REPORTING TO CONGRESS. 

18 Not later than 180 days after the date of enactment 

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

20 on Energy and Commerce of the House of Representatives 

21 and the Committee on Energy and Natural Resources of 

22 the Senate a report that evaluates the status of activities 

23 intended to facilitate the testing and demonstration of ad24 vanced reactors on Department land and facilities and the 


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1 potential for the Department to use testing and demonstra2 tion on private land. 

3 SEC. 6. ADVANCED REACTOR REGULATORY FRAMEWORK. 

4 (a) PLAN REQUIRED.—Not later than 1 year after the 

5 date of enactment of this Act, the NRC shall transmit to 

6 the Committee on Energy and Commerce of the House of 

7 Representatives and the Committee on Environment and 

8 Public Works of the Senate a plan for developing an effi9 cient, risk-informed, technology-neutral framework for ad10 vanced reactor licensing. The plan shall evaluate the fol11 lowing subjects, consistent with the NRC’s role in protecting 

12 public health and safety and common defense and security: 

13 (1) The unique aspects of advanced reactor li14 censing and any associated legal, regulatory, and pol15 icy issues the NRC will need to address to develop a 

16 framework for licensing advanced reactors. 

17 (2) Options for licensing advanced reactors 

18 under existing NRC regulations in title 10 of the 

19 Code of Federal Regulations, a proposed new regu20 latory framework, or a combination of these ap21 proaches. 

22 (3) Options to expedite and streamline the li23 censing of advanced reactors, including opportunities 

24 to minimize the time from application submittal to 

25 final NRC licensing decision and minimize the delays 


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1 that may result from any necessary amendments or 

2 supplements to applications. 

3 (4) Options to expand the incorporation of con4 sensus-based codes and standards into the advanced 

5 reactor regulatory framework to minimize time to 

6 completion and provide flexibility in implementation. 

7 (5) Options to make the advanced reactor licens8 ing framework more predictable. This evaluation 

9 should consider opportunities to improve the process 

10 by which application review milestones are estab11 lished and maintained. 

12 (6) Options to allow applicants to use phased re13 view processes under which the NRC issues approvals 

14 that do not require the NRC to re-review previously 

15 approved information. This evaluation shall consider 

16 the NRC’s ability to review and conditionally ap17 prove partial applications, early design information, 

18 and submittals that contain design criteria and proc19 esses to be used to develop information to support a 

20 later phase of the design review. 

21 (7) The extent to which NRC action or modifica22 tion of policy is needed to implement any part of the 

23 plan required by this subsection. 


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1 (8) The role of licensing advanced reactors with2 in NRC long-term strategic resource planning, staff3 ing, and funding levels. 

4 (9) Options to provide cost-sharing financial 

5 structures for license applicants in a phased licensing 

6 process. 

7 (b) COORDINATION AND STAKEHOLDER INPUT RE8 QUIRED.—In developing the plan required by subsection 

9 (a), the NRC shall seek input from the Department, the nu10 clear industry, and other public stakeholders. 

11 (c) COST AND SCHEDULE ESTIMATE.—The plan re12 quired by subsection (a) shall include proposed cost esti13 mates, budgets, and specific milestones for implementing the 

14 advanced reactor regulatory framework by September 30, 

15 2019. 

16 (d) DESIGN CERTIFICATION STATUS.—In the NRC’s 

17 first budget request after the acceptance of any design cer18 tification application for an advanced nuclear reactor, and 

19 annually thereafter, the NRC shall provide the status of per20 formance metrics and milestone schedules. The budget re21 quest shall include a plan to correct or recover from any 

22 milestone schedule delays, including delays because of 

23 NRC’s inability to commit resources for its review of the 

24 design certification applications. 


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1 SEC. 7. USER FEES AND ANNUAL CHARGES. 

2 Section 6101(c)(2)(A) of the Omnibus Budget Rec3 onciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is amend4 ed— 

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

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

7 (iv) and inserting ‘‘; and’’; and 

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

9 ‘‘(v) for fiscal years ending before Octo10 ber 1, 2020, amounts appropriated to the 

11 Commission for activities related to the de12 velopment of regulatory infrastructure for 

13 advanced nuclear reactor technologies.’’. 

14 SEC. 8. AGREEMENTS FOR PRIVATELY FUNDED REACTORS. 

15 The Department shall not enter into a new agreement 

16 with any private entity to host a privately funded reactor 

17 at a Department-owned site that would affect the Federal 

18 Government’s liability— 

19 (1) with respect to the disposal of spent nuclear 

20 fuel or high-level radioactive waste, as defined by sec21 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

22 U.S.C. 10101), until the NRC has published a final 

23 decision on an application for construction for a re24 pository under section 114(d) of the Nuclear Waste 

25 Policy Act (42 U.S.C. 10168(d)); and 


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1 (2) with respect to operation and decommis2 sioning— 

3 (A) unless such private entity has obtained 

4 and is maintaining financial protection of such 

5 type and in such amounts as the NRC shall re6 quire to cover public liability claims pursuant to 

7 section 170 of the Atomic Energy Act; and 

8 (B) until such private entity has provided 

9 reasonable assurance that funds will be available 

10 for the decommissioning process pursuant to 

11 part 50 of title 10, Code of Federal Regulations. 


sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 573 

114TH CONGRESS 

2D SESSION H. R. 4979 

[Report No. 114–737, Part I] 

A BILL 

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

SEPTEMBER 12, 2016 

Reported from the Committee on Energy and Commerce 

with an amendment 

SEPTEMBER 12, 2016 

The Committee on Science, Space, and Technology disprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole 


sradovich on DSK3GMQ082PROD with BILLS