[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6351 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6351
To amend the Atomic Energy Act of 1954 to improve the process by which
the Secretary of Energy authorizes the transfer of civilian nuclear
commerce technology and assistance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2018
Mr. Johnson of Ohio introduced the following bill; which was referred
to the Committee on Foreign Affairs, and in addition to the Committee
on Energy and Commerce, 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 amend the Atomic Energy Act of 1954 to improve the process by which
the Secretary of Energy authorizes the transfer of civilian nuclear
commerce technology and assistance, 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 ``Advancing U.S. Civil Nuclear
Competitiveness and Jobs Act''.
SEC. 2. REVIEW OF CIVIL 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 civil 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; and
(4) the Nuclear Regulatory Commission.
(c) Contents.--The report required under subsection (a) shall
include--
(1) an assessment of--
(A) current legal, regulatory, policy, and
commercial practices of the United States with respect
to the civilian nuclear industry of the United States;
and
(B) the impacts of such practices on such civilian
nuclear industry in the United States and in
international markets;
(2) a comparison of the practices of the United States
described in paragraph (1) to practices of foreign countries
with respect to the civilian nuclear industry of such
countries;
(3) recommendations to improve the competitiveness of
United States civil nuclear commerce; and
(4) options on how to apply section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the
``Price-Anderson Act'') with respect to advanced nuclear
technologies.
SEC. 3. IMPROVEMENTS TO PART 810 PROCESS.
(a) Clarification on Prohibition of Delegation.--Section 161 n. of
the Atomic Energy Act of 1954 (42 U.S.C. 2201(n)) is amended by
striking ``57 b.'' and inserting ``57 b. (only with respect to
enrichment and reprocessing of special nuclear material)''.
(b) Expedited Procedures.--Section 57 of such Act (42 U.S.C.
2077(d)) is amended by adding at the end the following new subsection:
``(f) Expedited Procedures.--
``(1) Establishment.--In carrying out subsection b.(2), the
Secretary of Energy shall establish procedures for expedited
consideration of requests for authorizations regarding the
transfer of a technology that involves a low-proliferation-risk
reactor activity described in paragraph (2) to a foreign
country described in paragraph (3).
``(2) Activities.--A low-proliferation-risk reactor
activity described in this paragraph is an activity that meets
each of following criteria:
``(A) The activity is listed in section 810.2(b) of
title 10, Code of Federal Regulations, as in effect on
March 25, 2015.
``(B) The activity is not an activity requiring a
specific authorization pursuant to section 810.7(c) of
such title, as in effect on such date.
``(C) The Secretary determines that the transfer
(or retransfer) of a technology that involves the
activity will not result in a significant increase of
the risk of proliferation beyond such risk that exists
at the time that the authorization is requested.
``(3) Foreign countries.--A foreign country described in
this paragraph is a foreign country--
``(A) that is not a nuclear-weapon state, as
defined by Article IX(3) of the Treaty on the Non-
Proliferation of Nuclear Weapons, signed at Washington,
London, and Moscow on July 1, 1968, other than the
United Kingdom or France; and
``(B) with respect to which the Secretary
determines under subsection b.(2) that a transfer to
the country of a technology that involves a low-
proliferation-risk reactor activity described in
paragraph (2) of this subsection will not be inimical
to the interest of the United States.
``(4) Concurrence and consultation.--The Secretary of
Energy shall establish the procedures under paragraph (1) with
the concurrence of the Department of State and after
consultation with the Nuclear Regulatory Commission, the
Department of Commerce, and the Department of Defense.
``(5) Timing and availability.--The procedures established
under paragraph (1) shall--
``(A) ensure that each request is approved or
denied by not later than 45 days after the later of--
``(i) the date on which the foreign country
transmits any required assurances to the
Department of State; or
``(ii) the date on which the interagency
review under subsection b. is completed; and
``(B) be publicly available.''.
(c) Assurances.--Section 57 b.(2) of such Act (42 U.S.C.
2077(b)(2)) is amended by inserting after ``mechanisms.'' the following
new sentence: ``To the extent practicable, the Secretary of Energy
shall continue to process such requests during such interagency review
in a manner that enables the Secretary to make such determination as
soon as practicable after the receipt of assurances by a foreign
country to the Department of State, if any such assurances are
required.''.
(d) Sense of Congress on e810.--It is the sense of Congress that--
(1) the Secretary of Energy should continue the ongoing
Process Improvement Plan for authorizations pursuant to section
57 b.(2) of the Atomic Energy Act of 1954 (42 U.S.C.
2077(b)(2)); and
(2) Congress is supportive of the progress made by the
Secretary in such process and is especially interested in the
continued work for the electronic submissions portal for such
applications known as ``e810''.
SEC. 4. RISK POOLING PROGRAM.
(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 assessment 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;
(2) a review of the Secretary of Energy's methodology to
collect information to determine and implement the formula; and
(3) an evaluation of the program described in section
934(e) of the Energy Independence and Security Act of 2007 (42
U.S.C. 17373(e)), including the Secretary of Energy's actions
with respect to such program.
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