Title: Strengthening American Nuclear Competitiveness Act
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) and the Government Accountability Office (GAO) to author specified reports.
Specifically, DOE must establish procedures to expedite consideration of authorization requests regarding the transfer of a technology that involves specified low-proliferation-risk reactors to certain foreign countries.
DOE must also report on U.S. civil nuclear commerce, including (1) an assessment of current practices with respect to the civilian nuclear industry and the impacts of such practices on both the industry and in 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. civil nuclear commerce.
The GAO must report on the feasibility and implications of modifying or repealing specified restrictions on issuing licenses for certain nuclear facilities to an alien or an entity owned, controlled, or dominated by an alien, foreign corporation, or foreign government. The GAO must also report on actions by DOE with respect to the retrospective risk pooling program that requires each nuclear supplier to help cover the contingent cost resulting from certain nuclear incidents.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7405 Introduced in House (IH)]

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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.

    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 civil 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) 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 foreign countries 
        with respect to the civilian nuclear industry of such 
        countries;
            (3) recommendations to improve the competitiveness 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) (commonly known as the 
        ``Price-Anderson Act'') with respect 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 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) to a foreign 
        country described in paragraph (3).
            ``(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 
                March 25, 2015.
                    ``(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(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 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.(2) of such Act (42 U.S.C. 
2077(b)(2)) 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. COMMERCIAL LICENSE RESTRICTIONS ASSESSMENT.

     Not later than 18 months after the date of enactment of this Act, 
the Comptroller General shall transmit to Congress a report containing 
the results of a study on the feasibility and implications of modifying 
or repealing restrictions 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)).
    (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 methodology to 
        collect information to determine and implement the formula; and
            (3) an evaluation of the program described in section 
        934(e) of the Energy Independence and Security Act of 2007 (42 
        U.S.C. 17373(e)), including the Secretary of Energy's actions 
        with respect to such program.
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