118 HR 3553 IH: 21st Century American Atomic Energy Age Act
U.S. House of Representatives
2023-05-18
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EN
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I
118th CONGRESS
1st Session
H. R. 3553
IN THE HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. Wittman introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Homeland Security, and Armed Services, 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 establish the Office of Nuclear, Economic, Environmental, and National Security of the Nuclear Regulatory Commission, accelerate the deployment of small modular nuclear reactors, ban the import of Russian nuclear material, and for other purposes.
1.

Short title
This Act may be cited as the “21st Century American Atomic Energy Age Act”.
2.

Findings
Congress finds the following:
(1)
The United States should promote and support the development of small modular nuclear reactors to provide safe, reliable, and affordable electricity.
(2)
The Commission has the responsibility to issue construction permits and operating licenses for innovative nuclear reactors to meet the energy needs of the United States.
(3)
The United States relied on Russia for about 16 percent of its uranium in 2020.
3.

Technical assistance for small modular nuclear reactor applications
The Commission shall provide technical assistance to applicants that apply for a construction permit, an operating license, or a combined construction permit and operating license for a small modular nuclear reactor under section 103 or 185 of the Atomic Energy Act of 1954 (42 U.S.C. 2133 or 2235).
4.

Prohibition on import and use of nuclear fuel from Russia
(a)

Prohibition on use
(1)

In general
No person shall use nuclear fuel, including low-enriched uranium, that was produced in, or imported from, Russia to operate any small modular nuclear reactor located in the United States.
(2)

Rulemaking
Not later than 183 days after the date of enactment of this section, the Secretary of Commerce shall establish, by regulation, procedures to ensure compliance with this subsection.
(b)

Prohibition on imports
Section 3112A of the USEC Privatization Act (42 U.S.C. 2297h–10a) is amended by adding at the end the following:
“(d)

Prohibition
Beginning on the date that is 90 days after the date of the enactment of this subsection, no low-enriched uranium that is produced in the Russian Federation or by a Russian entity may be imported into the United States.”.
5.

Report
The Secretary of Energy, the Secretary of Homeland Security, and the Secretary of Defense shall, not later than 120 days after the date of enactment of this section, submit to Congress a report that identifies critical infrastructure that can benefit from access to onsite or offsite electricity generated by a small modular nuclear reactor that is located at or near the critical infrastructure to achieve added energy resilience.
6.

Office of Nuclear, Economic, Environmental, and National Security of the Nuclear Regulatory Commission
(a)

Establishment
Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) is amended by inserting after section 205 the following:
“205A.

Office of Nuclear, Economic, Environmental, and National Security
(a)

Establishment
There is hereby established in the Commission an Office of Nuclear, Economic, Environmental, and National Security (in this section referred to as the “Office”) under the direction of a Director, who shall—
(1)
be appointed by the Commission;
(2)
report directly to the Commission, as provided in section 209; and
(3)
serve at the pleasure of and be removable by the Commission.
(b)

Functions
Subject to the provisions of this Act, the Director of the Office shall perform such functions as the Commission shall delegate, including:
(1)
Principal licensing and regulation involving all facilities, materials, and activities licensed under the Atomic Energy Act of 1954.
(2)
Review the economic, environmental, and national security benefits of all such facilities, materials, and activities, including evaluating the benefits to air quality, human health, carbon dioxide emissions reduction, economic activity, and national security.
(3)
Assessing the need for, and the feasibility of, establishing an agency within the Office to review the Commission’s licensing and related regulatory functions for the purposes of increasing the development and use of nuclear energy to ensure public health and economic security by providing for the effective and safe commercial use of radioactive materials.”.
(b)

Report to Congress
The Director of the Office of Nuclear, Economic, Environmental, and National Security, established under section 205A of the Energy Reorganization Act of 1974 (as added by this section), shall, not later than 1 year after the date of enactment of this Act, submit to Congress a report, including recommendations, based on the assessments made under subsection (b)(3) of such section 205A.
7.

Extension of the Price-Anderson Act
(a)

Extension
Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the “Price-Anderson Act”) is amended by striking “December 31, 2025” each place it appears and inserting “December 31, 2045”.
(b)

Report
Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) is amended by striking “December 31, 2021” and inserting “December 31, 2041”.
8.

Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this Act.
9.

Effective date
This Act shall take effect 120 days after the date of enactment of this Act.
10.

Definitions
In this Act:
(1)

Commission
The term Commission means the Nuclear Regulatory Commission.
(2)

Critical infrastructure
The term critical infrastructure means a facility, asset, system, or network, whether physical or virtual, that is so vital to the United States that the incapacity or destruction of such facility asset, system, or network would have a debilitating impact on national economic security, public health or safety, or any combination of those matters.
(3)

Key resources
The term key resources has the meaning given such term section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
(4)

Small modular nuclear reactor
The term small modular nuclear reactor means a nuclear reactor with an electric generating capacity of not more than 200 megawatts.