Strengthening American Nuclear Competitiveness Act
This bill requires expedited consideration of certain nuclear technology exports, and it requires the Department of Energy (DOE), the Nuclear Regulatory Commission (NRC), and the Government Accountability Office (GAO) to author specified reports.
Specifically, DOE must expedite consideration of authorization requests regarding the transfer of technology that involves specified low-proliferation-risk reactors to certain foreign countries. The bill also lifts the prohibition on licensing domestic nuclear projects in which U.S. allies invest if license issuance is not detrimental to common defense and security or the health and safety of the public.
DOE must report on U.S. civilian nuclear commerce, including (1) an assessment of practices with respect to the civilian nuclear industry and the impacts of such practices on the industry in domestic and foreign commerce, (2) a comparison of U.S. practices to the practices of foreign countries with respect to their own civilian nuclear industry, and (3) recommendations to improve the competitiveness of U.S. civilian nuclear commerce.
The NRC must report on (1) licensing issues or requirements relating to the use of nuclear energy for nonelectric applications, and (2) advanced manufacturing and construction techniques for nuclear energy projects.
The GAO must report on actions by DOE regarding the retrospective risk pooling program that requires nuclear suppliers to help cover the contingent cost of certain nuclear incidents.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1748 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1748
To assess and improve the competitiveness of American civilian nuclear
commerce, to expedite Department of Energy review of certain nuclear
technology exports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 10, 2021
Mr. Johnson of Ohio (for himself and Mr. Gonzalez of Ohio) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Foreign Affairs, 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 assess and improve the competitiveness of American civilian nuclear
commerce, to expedite Department of Energy review of certain nuclear
technology exports, and for other purposes.
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 ``Strengthening American Nuclear
Competitiveness Act''.
SEC. 2. COMPETITIVENESS OF NUCLEAR COMMERCE.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Energy shall develop and submit to Congress
a report on United States civilian nuclear commerce.
(b) Consultation.--In developing the report required under
subsection (a), the Secretary of Energy shall consult with--
(1) the Secretary of State;
(2) the Secretary of Commerce;
(3) the Administrator of the Environmental Protection
Agency; and
(4) the Nuclear Regulatory Commission.
(c) Contents.--The report required under subsection (a) shall
include--
(1) an assessment of--
(A) legal and regulatory requirements and policies
of, and commercial practices in, the United States with
respect to the civilian nuclear industry of the United
States;
(B) the effects of such practices on such civilian
nuclear industry in domestic and foreign commerce;
(C) the role of emerging United States nuclear
technologies and applications of such technologies,
including nonelectric applications of those
technologies; and
(D) the effects of advanced manufacturing and
construction methods for nuclear technologies on the
costs of such technologies and the civilian nuclear
industry of the United States;
(2) a comparison of the matters assessed in paragraph (1)
with respect to the United States to an assessment of such
matters as they apply with respect to foreign countries;
(3) recommendations to improve the competitiveness of
United States civilian nuclear commerce; and
(4) recommendations relating to the application of section
170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) with
respect to advanced nuclear technologies.
SEC. 3. EXPEDITING NUCLEAR TECHNOLOGY EXPORTS.
(a) Expedited Procedures.--Section 57 of the Atomic Energy Act of
1954 (42 U.S.C. 2077) is amended by adding at the end the following new
subsection:
``(f) Expedited Procedures.--
``(1) Establishment.--In carrying out subsection b.(2), the
Secretary of Energy shall establish procedures for expedited
consideration of requests for authorizations regarding the
transfer of a technology that involves a low-proliferation-risk
reactor activity described in paragraph (2) of this subsection
to a foreign country described in paragraph (3) of this
subsection.
``(2) Activities.--A low-proliferation-risk reactor
activity described in this paragraph is an activity that meets
each of following criteria:
``(A) The activity is listed in section 810.2(b) of
title 10, Code of Federal Regulations, as in effect on
the date of enactment of this Act.
``(B) The activity is not an activity requiring a
specific authorization pursuant to section 810.7(c) of
such title, as in effect on such date.
``(C) The Secretary determines that the transfer
(or retransfer) of a technology that involves the
activity will not result in a significant increase of
the risk of proliferation beyond such risk that exists
at the time that the authorization is requested.
``(3) Foreign countries.--A foreign country described in
this paragraph is a foreign country--
``(A) that is not a nuclear-weapon State, as
defined by Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons, signed at Washington,
London, and Moscow on July 1, 1968, other than the
United Kingdom or France; and
``(B) with respect to which the Secretary
determines under subsection b.(2) that a transfer to
the country of a technology that involves a low-
proliferation-risk reactor activity described in
paragraph (2) of this subsection will not be inimical
to the interest of the United States.
``(4) Concurrence and consultation.--The Secretary of
Energy shall establish the procedures under paragraph (1) with
the concurrence of the Department of State and after
consultation with the Nuclear Regulatory Commission, the
Department of Commerce, and the Department of Defense.
``(5) Timing and availability.--The procedures established
under paragraph (1) shall--
``(A) ensure that each request is approved or
denied by not later than 45 days after the later of--
``(i) the date on which the foreign country
transmits any required assurances to the
Department of State; or
``(ii) the date on which the interagency
review under subsection b. is completed; and
``(B) be publicly available.''.
(b) Assurances.--Section 57(b) of such Act (42 U.S.C. 2077(b)) is
amended by inserting after ``mechanisms.'' the following new sentence:
``To the extent practicable, the Secretary of Energy shall continue to
process such requests during such interagency review in a manner that
enables the Secretary to make such determination as soon as practicable
after the receipt of assurances by a foreign country to the Department
of State, if any such assurances are required.''.
SEC. 4. LICENSING DOMESTIC NUCLEAR PROJECTS IN WHICH UNITED STATES
ALLIES INVEST.
(a) In General.--The prohibitions against issuing certain licenses
for utilization facilities to certain corporations and other entities
described in the second sentence of section 103 d. of the Atomic Energy
Act of 1954 (42. U.S.C. 2133(d)) and the second sentence of section 104
d. of that Act (42 U.S.C. 2134(d)) shall not apply to an entity
described in subsection (b) of this section if the Nuclear Regulatory
Commission determines that issuance of the applicable license to that
entity is not inimical to--
(1) the common defense and security; or
(2) the health and safety of the public.
(b) Entities Described.--An entity described in this subsection is
a corporation or other entity that is owned, controlled, or dominated
by--
(1) the government of--
(A) a country that is a member of the Group of
Seven as of November 25, 2020, which includes the
United Kingdom, Germany, Canada, Japan, France, and
Italy; or
(B) the Republic of Korea;
(2) a corporation that is incorporated in a country
described in paragraph (1); or
(3) an alien who is a national of a country described in
paragraph (1).
(c) Technical Amendment.--Section 103 d. of the Atomic Energy Act
of 1954 (42 U.S.C. 2133(d)) is amended, in the second sentence, by
striking ``any any'' and inserting ``any''.
(d) Savings Clause.--Nothing in this section affects the
requirements of section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565).
SEC. 5. LICENSING CONSIDERATIONS RELATING TO USE OF NUCLEAR ENERGY FOR
NONELECTRIC APPLICATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Nuclear Regulatory Commission (in this section
referred to as the ``Commission'') shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report addressing any
unique licensing issues or requirements relating to--
(1) the flexible operation of advanced nuclear reactors,
such as ramping power output and switching between electricity
generation and nonelectric applications;
(2) the use of advanced nuclear reactors exclusively for
nonelectric applications; and
(3) the collocation of advanced nuclear reactors with
industrial plants or other facilities.
(b) Stakeholder Input.--In developing the report, the Commission
shall seek input from--
(1) the Secretary of Energy;
(2) the nuclear energy industry;
(3) technology developers;
(4) the industrial, chemical, and medical sectors;
(5) nongovernmental organizations; and
(6) other public stakeholders.
(c) Contents.--
(1) In general.--The report shall describe--
(A) any unique licensing issues or requirements
relating to the matters described in paragraphs (1)
through (3) of subsection (a), including, with respect
to the nonelectric applications referred to in
paragraphs (1) and (2) of that subsection, any
licensing issues or requirements relating to the use of
nuclear energy--
(i) for hydrogen or other liquid and
gaseous fuel or chemical production;
(ii) for water desalination and wastewater
treatment;
(iii) for heat used in industrial
processes;
(iv) for district heating;
(v) in relation to energy storage;
(vi) for industrial or medical isotope
production; and
(vii) other applications, as identified by
the Commission;
(B) options for addressing those issues or
requirements--
(i) within the existing regulatory
framework;
(ii) through the technology-inclusive,
regulatory framework to be established under
section 103(a)(4) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C.
2133 note; Public Law 115-439); or
(iii) through a new rulemaking;
(C) the extent to which Commission action is needed
to implement any matter described in the report; and
(D) cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and
performance-based regulatory guidance for licensing
advanced nuclear reactors for nonelectric applications.
SEC. 6. REPORT ON ADVANCED METHODS OF MANUFACTURING AND CONSTRUCTION
FOR NUCLEAR ENERGY PROJECTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Nuclear Regulatory Commission (in this
section referred to as the ``Commission'') shall submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
manufacturing and construction for nuclear energy projects.
(b) Stakeholder Input.--In developing the report, the Commission
shall seek input from--
(1) the Secretary of Energy;
(2) the nuclear energy industry;
(3) the National Laboratories;
(4) institutions of higher education;
(5) nuclear and manufacturing technology developers;
(6) the manufacturing and construction industries;
(7) standards development organizations;
(8) labor unions;
(9) nongovernmental organizations; and
(10) other public stakeholders.
(c) Contents.--
(1) In general.--The report shall--
(A) examine any unique licensing issues or
requirements relating to the use of--
(i) advanced manufacturing techniques; and
(ii) advanced construction techniques;
(B) examine--
(i) the requirements for nuclear-grade
components in manufacturing and construction
for nuclear energy projects;
(ii) opportunities to use standard
materials, parts, or components in
manufacturing and construction for nuclear
energy applications; and
(iii) opportunities to use standard
materials that are in compliance with existing
codes to provide acceptable approaches to
support or encapsulate new materials that do
not yet have applicable codes;
(C) identify safety aspects of advanced
manufacturing processes and advanced construction
techniques that are not addressed by existing codes and
standards, so that generic guidance may be updated or
created as necessary by the Commission;
(D) identify options for addressing the issues,
requirements, and opportunities examined under
subparagraphs (A) and (B)--
(i) within the existing regulatory
framework; or
(ii) through a new rulemaking; and
(E) describe the extent to which Commission action
is needed to implement any matter described in the
report.
(2) Cost estimates, budgets, and timeframes.--The report
shall include cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and performance-based
regulatory guidance for advanced manufacturing and construction
of nuclear energy projects.
SEC. 7. RISK POOLING PROGRAM ASSESSMENT.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall carry out a review of, and
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report on, the Secretary of Energy's actions with respect
to the program described in section 934(e) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17373(e)).
(b) Contents.--The report described in subsection (a) shall
include--
(1) an evaluation of the Secretary of Energy's actions to
determine the risk-informed assessment formula under section
934(e)(2)(C) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17373(e)(2)(C)); and
(2) a review of the Secretary of Energy's methodology to
collect information to determine and implement the formula.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Foreign Affairs, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Foreign Affairs, 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.
Referred to the Subcommittee on Energy.
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