Title: Global Nuclear Energy Assessment and Cooperation Act
Policy area: Energy

Summary:
Global Nuclear Energy Assessment and Cooperation Act
This bill establishes requirements concerning international nuclear energy cooperation and safety.
Specifically, the Department of Energy (DOE) must develop and carry out a program to train foreign nuclear energy experts and standardize safety practices. DOE must also study the global status of the civilian nuclear energy industry and its supply chain.
In addition, the bill prohibits any person from possessing or owning enriched uranium from Russian or China unless specifically authorized by the Nuclear Regulatory Commission (NRC). NRC may not issue a license to possess or own such fuel if DOE and the Department of State determine that the possession or ownership would pose a threat to national security.
NRC must establish an International Nuclear Reactor Export and Innovation Branch within its Office of International Programs to carry out and coordinate certain nuclear reactor export and innovation activities. NRC must also identify in its annual budget justification such activities.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8052 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8052

  To direct the Secretary of Energy to conduct a study on the global 
status of the civilian nuclear energy industry, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2022

   Mr. Carter of Georgia (for himself and Mr. Peters) 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 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Energy to conduct a study on the global 
status of the civilian nuclear energy industry, 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 ``Global Nuclear Energy Assessment and 
Cooperation Act''.

SEC. 2. GLOBAL NUCLEAR ENERGY ASSESSMENT STUDY.

    (a) Study Required.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Energy, in consultation with 
the Secretary of State, the Secretary of Commerce, the Administrator of 
the Environmental Protection Agency, and the Commission, shall conduct 
a study on the global status of--
            (1) the civilian nuclear energy industry; and
            (2) the supply chains of the civilian nuclear energy 
        industry.
    (b) Contents.--The study conducted under subsection (a) shall 
include--
            (1) information on the status of the civilian nuclear 
        energy industry, the long-term risks to such industry, and the 
        basis for such risks;
            (2) information on how the use of the civilian nuclear 
        energy industry, relative to other types of energy industries, 
        can reduce the emission of criteria pollutants and carbon 
        dioxide;
            (3) information on the role the United States civilian 
        nuclear energy industry plays in United States foreign policy;
            (4) information on the importance of the United States 
        civilian nuclear energy industry to countries that are allied 
        to the United States;
            (5) information on how the United States may collaborate 
        with such countries in developing, deploying, and investing in 
        nuclear technology;
            (6) information on how foreign countries use nuclear energy 
        when crafting and implementing their own foreign policy, 
        including such use by foreign countries that are strategic 
        competitors;
            (7) an evaluation of how nuclear nonproliferation efforts 
        and nuclear energy safety are affected by the involvement of 
        the United States in--
                    (A) international markets; and
                    (B) setting civilian nuclear energy industry 
                standards;
            (8) an evaluation of how industries in the United States, 
        other than the civilian nuclear energy industry, benefit from 
        the generation of electricity by nuclear power plants;
            (9) information on utilities and companies in the United 
        States that are involved in the civilian nuclear energy supply 
        chain, including, with respect to such utilities and 
        companies--
                    (A) financial challenges;
                    (B) foreign strategic competition; and
                    (C) risks to continued operation; and
            (10) recommendations for how the United States may--
                    (A) develop a national strategy to increase the 
                role nuclear energy plays in diplomacy and strategic 
                energy policy;
                    (B) develop a strategy to mitigate foreign 
                competitor's utilization of their civilian nuclear 
                energy industries in diplomacy;
                    (C) align its nuclear energy policy with national 
                security objectives; and
                    (D) remove regulatory barriers to the development 
                of the United States civilian nuclear energy supply 
                chain.
    (c) Report to Congress.--Not later than 6 months after the study is 
conducted under subsection (a), the Secretary of Energy shall submit to 
the appropriate committees of Congress a report on the results of such 
study.

SEC. 3. PROGRAM TO TRAIN AND SHARE EXPERTISE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy, in consultation with the 
Secretary of State and the Commission, shall develop and carry out a 
program under which the Secretary of Energy shall train foreign nuclear 
energy experts and standardize practices.
    (b) Requirements.--In carrying out the program developed under 
subsection (a), the Secretary of Energy shall--
            (1) issue guidance for best safety practices in the global 
        civilian nuclear energy industry based on practices established 
        in the United States;
            (2) train foreign nuclear energy experts on the operation 
        and safety practices used by the United States civilian nuclear 
        energy industry;
            (3) review global supply chain issues for foreign civilian 
        nuclear energy industries;
            (4) identify weaknesses and concerns found in foreign 
        civilian nuclear energy industries; and
            (5) establish partnerships with foreign countries that have 
        developed or are developing civilian nuclear energy industries.
    (c) Foreign Nuclear Energy Expert.--In this section, the term 
``foreign nuclear energy expert'' does not include a person who is from 
a country--
            (1) in which intellectual property theft is legal;
            (2) that takes actions to undermine the civilian nuclear 
        energy industry or other critical industries of the United 
        States; or
            (3) which the Secretary of Energy determines is inimical to 
        the interest of the United States.

SEC. 4. INTERNATIONAL NUCLEAR REACTOR EXPORT AND INNOVATION ACTIVITIES.

    (a) Coordination.--The Commission shall--
            (1) coordinate all work of the Commission relating to--
                    (A) issuing a license for the import or export of a 
                nuclear reactor under section 103 of the Atomic Energy 
                Act of 1954 (42 U.S.C. 2133); and
                    (B) international regulatory cooperation and 
                assistance relating to nuclear reactors; and
            (2) support--
                    (A) the consideration of international technical 
                standards to assist the design, licensing, and 
                construction of advanced nuclear systems;
                    (B) efforts to help build competent nuclear 
                regulatory organizations and legal frameworks in 
                foreign countries that are seeking to develop civilian 
                nuclear energy industries; and
                    (C) exchange programs and training provided to 
                foreign countries relating to civilian nuclear energy 
                industry regulation and oversight to improve nuclear 
                technology licensing.
    (b) Consultation.--In supporting exchange programs and training 
under subsection (a)(2)(C), the Commission shall consult with--
            (1) the Secretary of Energy;
            (2) the National Laboratories;
            (3) the private sector; and
            (4) institutions of higher education.
    (c) Nuclear Reactor Export and Innovation Branch.--The Commission 
shall establish within the Office of International Programs of the 
Commission a branch, to be known as the ``International Nuclear Reactor 
Export and Innovation Branch'', to carry out the nuclear reactor export 
and innovation activities described in subsection (a) as the Commission 
determines appropriate.
    (d) Exclusion of International Activities From the Fee Base.--
Section 102 of the Nuclear Energy Innovation and Modernization Act (42 
U.S.C. 2215) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(4) International nuclear reactor export and innovation 
        activities.--The Commission shall identify in the annual budget 
        justification international nuclear reactor export and 
        innovation activities described in section 4(a) of the Global 
        Nuclear Energy Assessment and Cooperation Act.''; and
            (2) in subsection (b)(1)(B), by adding at the end the 
        following:
                            ``(iv) Costs for international nuclear 
                        reactor export and innovation activities 
                        described in section 4(a) of the Global Nuclear 
                        Energy Assessment and Cooperation Act.''.

SEC. 5. DENIAL OF CERTAIN DOMESTIC LICENSES FOR NATIONAL SECURITY 
              PURPOSES.

    (a) Definition of Covered Fuel.--In this section, the term 
``covered fuel'' means enriched uranium that is fabricated into fuel 
assemblies for nuclear reactors by an entity that--
            (1) is owned or controlled by the Government of the Russian 
        Federation or the Government of the People's Republic of China; 
        or
            (2) is organized under the laws of, or otherwise subject to 
        the jurisdiction of, the Russian Federation or the People's 
        Republic of China.
    (b) Prohibition on Unlicensed Possession or Ownership of Covered 
Fuel.--Unless specifically authorized by the Commission in a license 
issued under section 53 of the Atomic Energy Act of 1954 (42 U.S.C. 
2073), no person subject to the jurisdiction of the Commission may 
possess or own covered fuel.
    (c) License To Possess or Own Covered Fuel.--
            (1) Consultation required prior to issuance.--The 
        Commission shall not issue a license to possess or own covered 
        fuel under section 53 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2073), unless the Commission has first consulted with 
        the Secretary of Energy and the Secretary of State before 
        issuing the license.
            (2) Prohibition on issuance of license.--
                    (A) In general.--Subject to subparagraph (C), a 
                license to possess or own covered fuel shall not be 
                issued if the Secretary of Energy and the Secretary of 
                State make the determination described in subparagraph 
                (B).
                    (B) Determination.--
                            (i) In general.--The determination referred 
                        to in subparagraph (A) is a determination that 
                        possession or ownership, as applicable, of 
                        covered fuel poses a threat to the national 
                        security of the United States that adversely 
                        impacts the physical and economic security of 
                        the United States.
                            (ii) Joint determination.--A determination 
                        described in clause (i) shall be jointly made 
                        by the Secretary of Energy and the Secretary of 
                        State.
                            (iii) Timeline.--
                                    (I) Notice of application.--Not 
                                later than 30 days after the date on 
                                which the Commission receives an 
                                application for a license to possess or 
                                own covered fuel, the Commission shall 
                                notify the Secretary of Energy and the 
                                Secretary of State of the application.
                                    (II) Determination.--The Secretary 
                                of Energy and the Secretary of State 
                                shall have a period of 180 days, 
                                beginning on the date on which the 
                                Commission notifies the Secretary of 
                                Energy and the Secretary of State under 
                                subclause (I) of an application for a 
                                license to possess or own covered fuel, 
                                in which to make the determination 
                                described in clause (i).
                                    (III) Commission notification.--On 
                                making the determination described in 
                                clause (i), the Secretary of Energy and 
                                the Secretary of State shall 
                                immediately notify the Commission.
                                    (IV) Congressional notification.--
                                Not later than 30 days after the date 
                                on which the Secretary of Energy and 
                                the Secretary of State notify the 
                                Commission under subclause (III), the 
                                Commission shall notify the appropriate 
                                committees of Congress of the 
                                determination.
                                    (V) Public notice.--Not later than 
                                15 days after the date on which the 
                                Commission notifies Congress under 
                                subclause (IV) of a determination made 
                                under clause (i), the Commission shall 
                                make that determination publicly 
                                available.
                    (C) Effect of no determination.--The prohibition 
                described in subparagraph (A) shall not apply if the 
                Secretary of Energy and the Secretary of State do not 
                make the determination described in subparagraph (B) by 
                the date described in clause (iii)(II) of that 
                subparagraph.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means each of the 
        following:
                    (A) The Committee on Energy and Commerce of the 
                House of Representatives.
                    (B) The Committee on Foreign Affairs of the House 
                of Representatives.
                    (C) The Committee on Energy and Natural Resources 
                of the Senate.
                    (D) The Committee on Foreign Relations of the 
                Senate.
            (2) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
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