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 elec-
tricity. 
(3) Nuclear power plants generate billions of 
dollars in national economic activity through nation-
wide procurements and provide thousands of Ameri-
cans with high paying jobs contributing substantially 
to the local economies in communities where they 
operate. 
(4) The United States commercial nuclear in-
dustry must continue to lead the international civil-
ian nuclear marketplace, because it is one of our 
most powerful national security tools, guaranteeing 
the safe, secure, and exclusively peaceful use of nu-
clear 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 nu-
clear power. 
(6) Nuclear fusion technology also has the po-
tential to generate electricity with significantly in-
creased safety performance and no radioactive waste. 
(7) The development of advanced reactor de-
signs would benefit from a performance-based, risk- 
informed, efficient, and cost-effective regulatory 
framework with defined milestones and the oppor-
tunity 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 signifi-
cant improvements over the most recent genera-
tion of nuclear fission reactors, which may in-
clude inherent safety features, lower waste 
yields, greater fuel utilization, superior reli-
ability, 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 re-
quests 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 ‘‘Na-
tional 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 Nu-
clear 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 re-
search, development, demonstration, and commercial 
application of safe, innovative advanced reactor tech-
nology and the NRC has sufficient technical exper-
tise to support the evaluation of applications for li-
censes, permits, and design certifications, and other 
requests for regulatory approval for advanced reac-
tors. 
(2) MODELING AND SIMULATION.—The use of 
computers and software codes to calculate the behav-
ior and performance of advanced reactors based on 
mathematical models of their physical behavior. 
(3) FACILITIES.—Ensuring that the Depart-
ment maintains and develops the facilities to enable 
the civilian nuclear industry’s timely research, devel-
opment, demonstration, and commercial application 
of safe, innovative reactor technology and ensuring 
that the NRC has access to such facilities, as need-
ed. 
SEC. 5. REPORTING TO CONGRESS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary, in consulta-
tion with the National Laboratories, relevant Federal 
agencies, and other stakeholders, shall submit to the Com-
mittee on Energy and Commerce and the Committee on
Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Environment and Pub-
lic Works and the Committee Energy and Natural Re-
sources of the Senate a report assessing the capabilities 
of the Department to authorize, host, and oversee pri-
vately 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 ex-
pertise from the NRC and the National Labora-
tories; 
(2) options to regulate Department hosted, pri-
vately proposed and funded experimental reactors; 
(3) potential sites capable of hosting the activi-
ties 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 re-
spect 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 inven-
tory 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 Sen-
ate. 
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 Com-
mittee 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 fol-
lowing subjects, consistent with the NRC’s role in pro-
tecting public health and safety and common defense and 
security: 
(1) The unique aspects of advanced reactor li-
censing and any associated legal, regulatory, and 
policy issues the NRC will need to address to de-
velop 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 regu-
latory framework, or a combination of these ap-
proaches. 
(3) Options to expedite and streamline the li-
censing 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 amend-
ments or supplements to applications. 
(4) Options to expand the incorporation of con-
sensus-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 li-
censing framework more predictable. This evaluation 
should consider opportunities to improve the process 
by which application review milestones are estab-
lished and maintained. 
(6) Options to allow applicants to use phased 
review processes under which the NRC issues ap-
provals that do not require the NRC to re-review 
previously approved information. This evaluation 
shall consider the NRC’s ability to review and condi-
tionally approve partial applications, early design in-
formation, and submittals that contain design cri-
teria 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 modi-
fication 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 licens-
ing process. 
(b) COORDINATION AND STAKEHOLDER INPUT RE-
QUIRED.—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 re-
quired by subsection (a) shall include proposed cost esti-
mates, 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 cer-
tification 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 Rec-
onciliation 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 Oc-
tober 1, 2020, amounts appropriated to 
the Commission for activities related to the 
development of regulatory infrastructure 
for 
advanced 
nuclear 
reactor 
tech-
nologies.’’. 
Passed the House of Representatives September 12, 
2016. 
Attest: 
Clerk.
114TH CONGRESS 
2D SESSION 
H. R. 4979 
AN ACT 
To foster civilian research and development of ad-
vanced nuclear energy technologies and enhance 
the licensing and commercial deployment of such 
technologies.