I 
116TH CONGRESS 
2D SESSION 
H. R. 7405 
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 
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 En-
ergy 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 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 
civil 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) current legal, regulatory, policy, and 
commercial practices of the United States with 
respect to the civilian nuclear industry of the 
United States; and 
(B) the impacts of such practices on such 
civilian nuclear industry in the United States 
and in foreign commerce; 
(2) a comparison of the practices of the United 
States described in paragraph (1) to practices of for-
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eign countries with respect to the civilian nuclear in-
dustry of such countries; 
(3) recommendations to improve the competi-
tiveness of United States civil nuclear commerce; 
and 
(4) options on how to apply section 170 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2210) (com-
monly known as the ‘‘Price-Anderson Act’’) with re-
spect to advanced nuclear technologies. 
SEC. 3. EXPEDITING NUCLEAR TECHNOLOGY EXPORTS. 
(a) EXPEDITED PROCEDURES.—Section 57 of the 
Atomic Energy Act (42 U.S.C. 2077(d)) 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 
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) to a foreign 
country described in paragraph (3). 
‘‘(2) ACTIVITIES.—A low-proliferation-risk reac-
tor activity described in this paragraph is an activity 
that meets each of following criteria: 
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‘‘(A) The activity is listed in section 
810.2(b) of title 10, Code of Federal Regula-
tions, as in effect on March 25, 2015. 
‘‘(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— 
‘‘(A) that is not a nuclear-weapon state, as 
defined by Article IX(3) 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 
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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— 
‘‘(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.(2) of such Act (42 
U.S.C. 2077(b)(2)) 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 
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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. COMMERCIAL LICENSE RESTRICTIONS ASSESS-
MENT. 
Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall transmit to Con-
gress a report containing the results of a study on the 
feasibility and implications of modifying or repealing re-
strictions under sections 103 d. and 104 d. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2133(d); 2134(d)) on 
issuing licenses for certain nuclear facilities to an alien 
or an entity owned, controlled, or dominated by an alien, 
a foreign corporation, or a foreign government. 
SEC. 5. 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)). 
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(b) CONTENTS.—The report described in subsection 
(a) shall include— 
(1) an assessment 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; 
(2) a review of the Secretary of Energy’s meth-
odology to collect information to determine and im-
plement the formula; and 
(3) an evaluation of the program described in 
section 934(e) of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17373(e)), including 
the Secretary of Energy’s actions with respect to 
such program. 
Æ 
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