[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6303 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 6303

  To assess and improve the competitiveness of United States nuclear 
 commerce, to expedite Department of Energy review of certain nuclear 
              technology exports, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2023

 Mr. Johnson of Ohio 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 assess and improve the competitiveness of United States 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 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;
            (4) the Nuclear Regulatory Commission;
            (5) any other Federal agency or office the Secretary of 
        Energy determines appropriate;
            (6) the nuclear energy industry;
            (7) nongovernmental nuclear policy organizations; and
            (8) other public stakeholders, as the Secretary of Energy 
        determines appropriate.
    (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 nuclear industry of the United States;
                    (B) the effects of such practices on such 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, in domestic and foreign commerce; and
                    (D) the effects of advanced manufacturing and 
                construction methods for nuclear technologies on--
                            (i) the costs for deployment of such 
                        technologies; and
                            (ii) the competitiveness of the 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, 
        including Canada, the United Kingdom, France, Japan, the 
        Republic of Korea, China, and the Russian Federation;
            (3) recommendations to improve the competitiveness of 
        United States nuclear commerce; and
            (4) recommendations relating to the applicability of 
        section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) 
        with respect to advanced nuclear technologies.

SEC. 3. PROCESS FOR REVIEW AND AMENDMENT OF PART 810 GENERALLY 
              AUTHORIZED DESTINATIONS.

    (a) Identification and Evaluation of Factors.--Not later than 90 
days after the date of enactment of this Act, the Secretary of Energy, 
in consultation with the Secretary of State, shall identify and 
evaluate factors, other than agreements for cooperation entered into in 
accordance with section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
2153), that may be used to determine a country's generally authorized 
destination status under part 810 of title 10, Code of Federal 
Regulations, and to list such country as a generally authorized 
destination in Appendix A to part 810 of title 10, Code of Federal 
Regulations.
    (b) Process Update.--The Secretary of Energy shall review and, as 
appropriate, update the Department of Energy's process for determining 
a country's generally authorized destination status under part 810 of 
title 10, Code of Federal Regulations, and for listing such country as 
a generally authorized destination in Appendix A to part 810 of title 
10, Code of Federal Regulations, taking into consideration, and, as 
appropriate, incorporating factors identified and evaluated under 
subsection (a).
    (c) Revisions to List.--Not later than one year after the date of 
enactment of this Act, and at least once every 5 years thereafter, the 
Secretary of Energy shall, in accordance with any process updated 
pursuant to this section, review the list in Appendix A to part 810 of 
title 10, Code of Federal Regulations, and amend such list as 
appropriate.

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 aliens, 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.--
            (1) In general.--An entity referred to in subsection (a) is 
        an alien, corporation, or other entity that is owned, 
        controlled, or dominated by--
                    (A) the government of--
                            (i) a country, other than a country 
                        described in paragraph (2), that is a member of 
                        the Organization for Economic Co-operation and 
                        Development on the date of enactment of this 
                        Act; or
                            (ii) the Republic of India;
                    (B) a corporation that is incorporated in a country 
                described in clause (i) or (ii) of subparagraph (A); or
                    (C) an alien who is a citizen or national of a 
                country described in clause (i) or (ii) of subparagraph 
                (A).
            (2) Exclusion.--A country described in this paragraph is a 
        country--
                    (A) any department, agency, or instrumentality of 
                the government of which, on the date of enactment of 
                this Act, is subject to sanctions under section 231 of 
                the Countering America's Adversaries Through Sanctions 
                Act (22 U.S.C. 9525); or
                    (B) any citizen, national, or entity of which, as 
                of the date of enactment of this Act, is included on 
                the List of Specially Designated Nationals and Blocked 
                Persons maintained by the Office of Foreign Assets 
                Control of the Department of the Treasury pursuant to 
                sanctions imposed under section 231 of the Countering 
                America's Adversaries Through Sanctions Act (22 U.S.C. 
                9525).
    (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 under subsection 
(a), 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.--The report under subsection (a) shall describe--
            (1) 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--
                    (A) for hydrogen or other liquid and gaseous fuel 
                or chemical production;
                    (B) for water desalination and wastewater 
                treatment;
                    (C) for heat used in industrial processes;
                    (D) for district heating;
                    (E) in relation to energy storage;
                    (F) for industrial or medical isotope production; 
                and
                    (G) other applications, as identified by the 
                Commission;
            (2) options for addressing such issues or requirements--
                    (A) within the existing regulatory framework;
                    (B) 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
                    (C) through a new rulemaking;
            (3) the extent to which Commission action is needed to 
        implement any matter described in the report; and
            (4) 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 
advanced methods of manufacturing and construction for nuclear energy 
projects.
    (b) Stakeholder Input.--In developing the report under subsection 
(a), 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 under subsection (a) shall--
                    (A) examine any unique licensing issues or 
                requirements relating to the use, for nuclear energy 
                projects, 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 and standards to provide acceptable 
                        approaches to support or encapsulate new 
                        materials that do not yet have applicable codes 
                        or standards;
                    (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 for nuclear energy 
                projects 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 
        under subsection (a) shall include cost estimates, proposed 
        budgets, and proposed timeframes for implementing risk-informed 
        and performance-based regulatory guidance for advanced 
        manufacturing and construction for nuclear energy projects.

SEC. 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, 2065''.
    (b) Liability.--Section 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) (commonly known as the ``Price-Anderson Act'') is 
amended--
            (1) in subsection d. (5), by striking ``$500,000,000'' and 
        inserting ``$2,000,000,000''; and
            (2) in subsection e. (4), by striking ``$500,000,000'' and 
        inserting ``$2,000,000,000''.
    (c) Report.--Section 170 p. of the Atomic Energy Act of 1954 (42 
U.S.C. 2210(p)) (commonly known as the ``Price-Anderson Act'') is 
amended by striking ``December 31, 2021'' and inserting ``December 31, 
2061''.
    (d) Definition of Nuclear Incident.--Section 11 q. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in the second 
proviso, by striking ``if such occurrence'' and all that follows 
through ``United States:'' and inserting a colon.

SEC. 8. 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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