I 
117TH CONGRESS 
1ST SESSION H. R. 1748 
To assess and improve the competitiveness of American civilian nuclear com-
merce, to expedite Department of Energy review of certain nuclear tech-
nology 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 com-
mittee concerned 
A BILL 
To assess and improve the competitiveness of American civil-
ian 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening Amer-
ican Nuclear Competitiveness Act’’. 
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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 re-
quired 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 sub-
section (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 nu-
clear industry of the United States; 
(B) the effects of such practices on such 
civilian nuclear industry in domestic and for-
eign commerce; 
(C) the role of emerging United States nu-
clear technologies and applications of such tech-
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nologies, including nonelectric applications of 
those technologies; and 
(D) the effects of advanced manufacturing 
and construction methods for nuclear tech-
nologies 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 competi-
tiveness 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 sub-
section b.(2), the Secretary of Energy shall establish 
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procedures for expedited consideration of requests 
for authorizations regarding the transfer of a tech-
nology 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 reac-
tor 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 Regula-
tions, as in effect on the date of enactment of 
this Act. 
‘‘(B) The activity is not an activity requir-
ing 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 in-
volves the activity will not result in a significant 
increase of the risk of proliferation beyond such 
risk that exists at the time that the authoriza-
tion is requested. 
‘‘(3) FOREIGN COUNTRIES.—A foreign country 
described in this paragraph is a foreign country— 
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‘‘(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 trans-
fer to the country of a technology that involves 
a low-proliferation-risk reactor activity de-
scribed 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 De-
partment of State and after consultation with the 
Nuclear Regulatory Commission, the Department of 
Commerce, and the Department of Defense. 
‘‘(5) TIMING AND AVAILABILITY.—The proce-
dures established under paragraph (1) shall— 
‘‘(A) ensure that each request is approved 
or denied by not later than 45 days after the 
later of— 
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‘‘(i) the date on which the foreign 
country transmits any required assurances 
to the Department of State; or 
‘‘(ii) the date on which the inter-
agency review under subsection b. is com-
pleted; and 
‘‘(B) be publicly available.’’. 
(b) ASSURANCES.—Section 57(b) of such Act (42 
U.S.C. 2077(b)) is amended by inserting after ‘‘mecha-
nisms.’’ the following new sentence: ‘‘To the extent prac-
ticable, 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 corpora-
tions 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 Nu-
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clear 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 de-
scribed 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 af-
fects the requirements of section 721 of the Defense Pro-
duction Act of 1950 (50 U.S.C. 4565). 
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SEC. 5. LICENSING CONSIDERATIONS RELATING TO USE OF 
NUCLEAR ENERGY FOR NONELECTRIC APPLI-
CATIONS. 
(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 ‘‘Commis-
sion’’) shall submit to the Committee on Energy and Com-
merce 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 re-
lating to— 
(1) the flexible operation of advanced nuclear 
reactors, such as ramping power output and switch-
ing between electricity generation and nonelectric 
applications; 
(2) the use of advanced nuclear reactors exclu-
sively 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 sec-
tors; 
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(5) nongovernmental organizations; and 
(6) other public stakeholders. 
(c) CONTENTS.— 
(1) IN GENERAL.—The report shall describe— 
(A) any unique licensing issues or require-
ments relating to the matters described in para-
graphs (1) through (3) of subsection (a), in-
cluding, with respect to the nonelectric applica-
tions referred to in paragraphs (1) and (2) of 
that subsection, any licensing issues or require-
ments relating to the use of nuclear energy— 
(i) for hydrogen or other liquid and 
gaseous fuel or chemical production; 
(ii) for water desalination and waste-
water treatment; 
(iii) for heat used in industrial proc-
esses; 
(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— 
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(i) within the existing regulatory 
framework; 
(ii) through the technology-inclusive, 
regulatory framework to be established 
under section 103(a)(4) of the Nuclear En-
ergy 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-in-
formed and performance-based regulatory guid-
ance for licensing advanced nuclear reactors for 
nonelectric applications. 
SEC. 6. REPORT ON ADVANCED METHODS OF MANUFAC-
TURING 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 ‘‘Commis-
sion’’) shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
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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 de-
velopers; 
(6) the manufacturing and construction indus-
tries; 
(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 
tech-
niques; and 
(ii) advanced construction techniques; 
(B) examine— 
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(i) the requirements for nuclear-grade 
components in manufacturing and con-
struction for nuclear energy projects; 
(ii) opportunities to use standard ma-
terials, parts, or components in manufac-
turing and construction for nuclear energy 
applications; and 
(iii) opportunities to use standard ma-
terials 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 con-
struction techniques that are not addressed by 
existing codes and standards, so that generic 
guidance may be updated or created as nec-
essary by the Commission; 
(D) identify options for addressing the 
issues, requirements, and opportunities exam-
ined under subparagraphs (A) and (B)— 
(i) within the existing regulatory 
framework; or 
(ii) through a new rulemaking; and 
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(E) describe the extent to which Commis-
sion action is needed to implement any matter 
described in the report. 
(2) COST
ESTIMATES, BUDGETS, AND
TIME-
FRAMES.—The report shall include cost estimates, 
proposed budgets, and proposed timeframes for im-
plementing 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 
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Independence and Security Act of 2007 (42 U.S.C. 
17373(e)(2)(C)); and 
(2) a review of the Secretary of Energy’s meth-
odology to collect information to determine and im-
plement the formula. 
Æ 
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