115 HR 6303 IH: Strengthening American Nuclear Competitiveness Act
U.S. House of Representatives
2023-11-08
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EN
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I
118th CONGRESS
1st Session
H. R. 6303
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.
1.

Short title
This Act may be cited as the “Strengthening American Nuclear Competitiveness Act”.
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.
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.
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).
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.
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.
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.
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.