I 

116TH CONGRESS 

2D SESSION H. R. 7405 

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 

JUNE 29, 2020 

Mr. JOHNSON of Ohio introduced the following bill; which was referred to the 

Committee on Foreign Affairs, and in addition to the Committee on Energy and Commerce, 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. 

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 ‘‘Strengthening Amer5 ican Nuclear Competitiveness Act’’. 


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1 SEC. 2. COMPETITIVENESS OF NUCLEAR COMMERCE. 

2 (a) REPORT.—Not later than 180 days after the date 

3 of enactment of this Act, the Secretary of Energy shall 

4 develop and submit to Congress a report on United States 

5 civil nuclear commerce. 

6 (b) CONSULTATION.—In developing the report re7 quired under subsection (a), the Secretary of Energy shall 

8 consult with— 

9 (1) the Secretary of State; 

10 (2) the Secretary of Commerce; 

11 (3) the Administrator of the Environmental 

12 Protection Agency; and 

13 (4) the Nuclear Regulatory Commission. 

14 (c) CONTENTS.—The report required under sub15 section (a) shall include— 

16 (1) an assessment of— 

17 (A) current legal, regulatory, policy, and 

18 commercial practices of the United States with 

19 respect to the civilian nuclear industry of the 

20 United States; and 

21 (B) the impacts of such practices on such 

22 civilian nuclear industry in the United States 

23 and in foreign commerce; 

24 (2) a comparison of the practices of the United 

25 States described in paragraph (1) to practices of forVerDate Sep 11 2014 22:46 Jul 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7405.IH H7405

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1 eign countries with respect to the civilian nuclear in2 dustry of such countries; 

3 (3) recommendations to improve the competi4 tiveness of United States civil nuclear commerce; 

5 and 

6 (4) options on how to apply section 170 of the 

7 Atomic Energy Act of 1954 (42 U.S.C. 2210) (com8 monly known as the ‘‘Price-Anderson Act’’) with re9 spect to advanced nuclear technologies. 

10 SEC. 3. EXPEDITING NUCLEAR TECHNOLOGY EXPORTS. 

11 (a) EXPEDITED PROCEDURES.—Section 57 of the 

12 Atomic Energy Act (42 U.S.C. 2077(d)) is amended by 

13 adding at the end the following new subsection: 

14 ‘‘(f) EXPEDITED PROCEDURES.— 

15 ‘‘(1) ESTABLISHMENT.—In carrying out sub16 section b.(2), the Secretary of Energy shall establish 

17 procedures for expedited consideration of requests 

18 for authorizations regarding the transfer of a tech19 nology that involves a low-proliferation-risk reactor 

20 activity described in paragraph (2) to a foreign 

21 country described in paragraph (3). 

22 ‘‘(2) ACTIVITIES.—A low-proliferation-risk reac23 tor activity described in this paragraph is an activity 

24 that meets each of following criteria: 


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1 ‘‘(A) The activity is listed in section 

2 810.2(b) of title 10, Code of Federal Regula3 tions, as in effect on March 25, 2015. 

4 ‘‘(B) The activity is not an activity requir5 ing a specific authorization pursuant to section 

6 810.7(c) of such title, as in effect on such date. 

7 ‘‘(C) The Secretary determines that the 

8 transfer (or retransfer) of a technology that in9 volves the activity will not result in a significant 

10 increase of the risk of proliferation beyond such 

11 risk that exists at the time that the authoriza12 tion is requested. 

13 ‘‘(3) FOREIGN COUNTRIES.—A foreign country 

14 described in this paragraph is a foreign country— 

15 ‘‘(A) that is not a nuclear-weapon state, as 

16 defined by Article IX(3) of the Treaty on the 

17 Non-Proliferation of Nuclear Weapons, signed 

18 at Washington, London, and Moscow on July 1, 

19 1968, other than the United Kingdom or 

20 France; and 

21 ‘‘(B) with respect to which the Secretary 

22 determines under subsection b.(2) that a trans23 fer to the country of a technology that involves 

24 a low-proliferation-risk reactor activity de25 scribed in paragraph (2) of this subsection will 


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1 not be inimical to the interest of the United 

2 States. 

3 ‘‘(4) CONCURRENCE AND CONSULTATION.—The 

4 Secretary of Energy shall establish the procedures 

5 under paragraph (1) with the concurrence of the De6 partment of State and after consultation with the 

7 Nuclear Regulatory Commission, the Department of 

8 Commerce, and the Department of Defense. 

9 ‘‘(5) TIMING AND AVAILABILITY.—The proce10 dures established under paragraph (1) shall— 

11 ‘‘(A) ensure that each request is approved 

12 or denied by not later than 45 days after the 

13 later of— 

14 ‘‘(i) the date on which the foreign 

15 country transmits any required assurances 

16 to the Department of State; or 

17 ‘‘(ii) the date on which the inter18 agency review under subsection b. is com19 pleted; and 

20 ‘‘(B) be publicly available.’’. 

21 (b) ASSURANCES.—Section 57 b.(2) of such Act (42 

22 U.S.C. 2077(b)(2)) is amended by inserting after ‘‘mecha23 nisms.’’ the following new sentence: ‘‘To the extent prac24 ticable, the Secretary of Energy shall continue to process 

25 such requests during such interagency review in a manner 


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1 that enables the Secretary to make such determination as 

2 soon as practicable after the receipt of assurances by a 

3 foreign country to the Department of State, if any such 

4 assurances are required.’’. 

5 SEC. 4. COMMERCIAL LICENSE RESTRICTIONS ASSESS6 MENT. 

7 Not later than 18 months after the date of enactment 

8 of this Act, the Comptroller General shall transmit to Con9 gress a report containing the results of a study on the 

10 feasibility and implications of modifying or repealing re11 strictions under sections 103 d. and 104 d. of the Atomic 

12 Energy Act of 1954 (42 U.S.C. 2133(d); 2134(d)) on 

13 issuing licenses for certain nuclear facilities to an alien 

14 or an entity owned, controlled, or dominated by an alien, 

15 a foreign corporation, or a foreign government. 

16 SEC. 5. RISK POOLING PROGRAM ASSESSMENT. 

17 (a) REPORT.—Not later than 1 year after the date 

18 of enactment of this Act, the Comptroller General shall 

19 carry out a review of, and submit to the Committee on 

20 Energy and Commerce of the House of Representatives 

21 and the Committee on Environment and Public Works of 

22 the Senate a report on, the Secretary of Energy’s actions 

23 with respect to the program described in section 934(e) 

24 of the Energy Independence and Security Act of 2007 (42 

25 U.S.C. 17373(e)). 


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1 (b) CONTENTS.—The report described in subsection 

2 (a) shall include— 

3 (1) an assessment of the Secretary of Energy’s 

4 actions to determine the risk-informed assessment 

5 formula under section 934(e)(2)(C) of the Energy 

6 Independence and Security Act of 2007; 

7 (2) a review of the Secretary of Energy’s meth8 odology to collect information to determine and im9 plement the formula; and 

10 (3) an evaluation of the program described in 

11 section 934(e) of the Energy Independence and Se12 curity Act of 2007 (42 U.S.C. 17373(e)), including 

13 the Secretary of Energy’s actions with respect to 

14 such program. 

Æ 


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