[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 995 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 995
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
February 14, 2023
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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