Strengthening American Nuclear Competitiveness Act
Bill: H.R.1748 | Sponsor: Rep. Johnson, Bill (R-OH)
Policy area: Foreign Trade and International Finance

Summary:
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.

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.
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