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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6303 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6303
To assess and improve the competitiveness of United States nuclear
commerce, to expedite Department of Energy review of certain nuclear
technology exports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 8, 2023
Mr. Johnson 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 United States 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 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;
(4) the Nuclear Regulatory Commission;
(5) any other Federal agency or office the Secretary of
Energy determines appropriate;
(6) the nuclear energy industry;
(7) nongovernmental nuclear policy organizations; and
(8) other public stakeholders, as the Secretary of Energy
determines appropriate.
(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 nuclear industry of the United States;
(B) the effects of such practices on such 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, in domestic and foreign commerce; and
(D) the effects of advanced manufacturing and
construction methods for nuclear technologies on--
(i) the costs for deployment of such
technologies; and
(ii) the competitiveness of the 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,
including Canada, the United Kingdom, France, Japan, the
Republic of Korea, China, and the Russian Federation;
(3) recommendations to improve the competitiveness of
United States nuclear commerce; and
(4) recommendations relating to the applicability of
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210)
with respect to advanced nuclear technologies.
SEC. 3. PROCESS FOR REVIEW AND AMENDMENT OF PART 810 GENERALLY
AUTHORIZED DESTINATIONS.
(a) Identification and Evaluation of Factors.--Not later than 90
days after the date of enactment of this Act, the Secretary of Energy,
in consultation with the Secretary of State, shall identify and
evaluate factors, other than agreements for cooperation entered into in
accordance with section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153), that may be used to determine a country's generally authorized
destination status under part 810 of title 10, Code of Federal
Regulations, and to list such country as a generally authorized
destination in Appendix A to part 810 of title 10, Code of Federal
Regulations.
(b) Process Update.--The Secretary of Energy shall review and, as
appropriate, update the Department of Energy's process for determining
a country's generally authorized destination status under part 810 of
title 10, Code of Federal Regulations, and for listing such country as
a generally authorized destination in Appendix A to part 810 of title
10, Code of Federal Regulations, taking into consideration, and, as
appropriate, incorporating factors identified and evaluated under
subsection (a).
(c) Revisions to List.--Not later than one year after the date of
enactment of this Act, and at least once every 5 years thereafter, the
Secretary of Energy shall, in accordance with any process updated
pursuant to this section, review the list in Appendix A to part 810 of
title 10, Code of Federal Regulations, and amend such list as
appropriate.
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 aliens, 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.--
(1) In general.--An entity referred to in subsection (a) is
an alien, corporation, or other entity that is owned,
controlled, or dominated by--
(A) the government of--
(i) a country, other than a country
described in paragraph (2), that is a member of
the Organization for Economic Co-operation and
Development on the date of enactment of this
Act; or
(ii) the Republic of India;
(B) a corporation that is incorporated in a country
described in clause (i) or (ii) of subparagraph (A); or
(C) an alien who is a citizen or national of a
country described in clause (i) or (ii) of subparagraph
(A).
(2) Exclusion.--A country described in this paragraph is a
country--
(A) any department, agency, or instrumentality of
the government of which, on the date of enactment of
this Act, is subject to sanctions under section 231 of
the Countering America's Adversaries Through Sanctions
Act (22 U.S.C. 9525); or
(B) any citizen, national, or entity of which, as
of the date of enactment of this Act, is included on
the List of Specially Designated Nationals and Blocked
Persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury pursuant to
sanctions imposed under section 231 of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C.
9525).
(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 under subsection
(a), 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.--The report under subsection (a) shall describe--
(1) 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--
(A) for hydrogen or other liquid and gaseous fuel
or chemical production;
(B) for water desalination and wastewater
treatment;
(C) for heat used in industrial processes;
(D) for district heating;
(E) in relation to energy storage;
(F) for industrial or medical isotope production;
and
(G) other applications, as identified by the
Commission;
(2) options for addressing such issues or requirements--
(A) within the existing regulatory framework;
(B) 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
(C) through a new rulemaking;
(3) the extent to which Commission action is needed to
implement any matter described in the report; and
(4) 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
advanced methods of manufacturing and construction for nuclear energy
projects.
(b) Stakeholder Input.--In developing the report under subsection
(a), 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 under subsection (a) shall--
(A) examine any unique licensing issues or
requirements relating to the use, for nuclear energy
projects, 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 and standards to provide acceptable
approaches to support or encapsulate new
materials that do not yet have applicable codes
or standards;
(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 for nuclear energy
projects 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
under subsection (a) shall include cost estimates, proposed
budgets, and proposed timeframes for implementing risk-informed
and performance-based regulatory guidance for advanced
manufacturing and construction for nuclear energy projects.
SEC. 7. EXTENSION OF THE PRICE-ANDERSON ACT.
(a) Extension.--Section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) (commonly known as the ``Price-Anderson Act'') is amended
by striking ``December 31, 2025'' each place it appears and inserting
``December 31, 2065''.
(b) Liability.--Section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) (commonly known as the ``Price-Anderson Act'') is
amended--
(1) in subsection d. (5), by striking ``$500,000,000'' and
inserting ``$2,000,000,000''; and
(2) in subsection e. (4), by striking ``$500,000,000'' and
inserting ``$2,000,000,000''.
(c) Report.--Section 170 p. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(p)) (commonly known as the ``Price-Anderson Act'') is
amended by striking ``December 31, 2021'' and inserting ``December 31,
2061''.
(d) Definition of Nuclear Incident.--Section 11 q. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in the second
proviso, by striking ``if such occurrence'' and all that follows
through ``United States:'' and inserting a colon.
SEC. 8. 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, Climate and Grid Security.
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