HR 4979 RFS
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. 
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(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-
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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 
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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 
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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 
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