What This Bill Does
This bill directs the Secretary of Energy to study the worldwide status of nuclear power for civilian (non-military) use and its supply chains. The bill also creates programs to train foreign nuclear experts, coordinates international nuclear reactor activities, and restricts certain fuel from Russia and China unless the government approves it for national security reasons.
Who It Affects
The Secretary of Energy, the Secretary of State, the Secretary of Commerce, the Environmental Protection Agency, the Nuclear Regulatory Commission, foreign nuclear energy experts, U.S. utilities and companies in the nuclear energy supply chain, foreign countries developing nuclear energy industries, and Congress.
Key Provisions
• The Secretary of Energy must complete a study within one year examining the global nuclear energy industry, its supply chains, risks, environmental benefits, U.S. foreign policy role, and how the United States might work with allied countries on nuclear technology (Sec. 2)
• The Secretary of Energy must develop a program within one year to train foreign nuclear energy experts on U.S. safety practices, standardize global practices, and establish partnerships with foreign countries developing nuclear energy industries (Sec. 3)
• The Nuclear Regulatory Commission must establish a new branch to coordinate nuclear reactor export activities, support international technical standards, and help foreign countries build nuclear regulatory organizations (Sec. 4)
• People cannot possess or own fuel enriched uranium made by Russian or Chinese government entities unless the Nuclear Regulatory Commission specifically approves it after the Secretary of Energy and Secretary of State determine it does not threaten U.S. national security (Sec. 5)
• The Secretary of Energy and Secretary of State have 180 days to decide whether fuel from Russia or China threatens U.S. security (Sec. 5)
What Changes
If this law passes, the federal government will begin a comprehensive study of the global nuclear industry. The government will create new training programs for foreign nuclear experts and a new branch within the Nuclear Regulatory Commission to handle international nuclear reactor activities. The government will also block fuel made by Russian and Chinese entities from being used in the United States unless specifically approved.
Important Definitions
"Commission" means the Nuclear Regulatory Commission. "Covered fuel" means enriched uranium (uranium processed to increase its concentration) made into fuel assemblies by entities owned or controlled by the Russian Federation or People's Republic of China, or organized under their laws.
I
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 fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Foreign Affairs, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Global Nuclear Energy
4
Assessment and Cooperation Act’’.
5
SEC. 2. GLOBAL NUCLEAR ENERGY ASSESSMENT STUDY.
6
(a) STUDY REQUIRED.—Not later than 1 year after
7
the date of enactment of this Act, the Secretary of Energy,
8
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•HR 995 IH
in consultation with the Secretary of State, the Secretary
1
of Commerce, the Administrator of the Environmental
2
Protection Agency, and the Commission, shall conduct a
3
study on the global status of—
4
(1) the civilian nuclear energy industry; and
5
(2) the supply chains of the civilian nuclear en-
6
ergy industry.
7
(b) CONTENTS.—The study conducted under sub-
8
section (a) shall include—
9
(1) information on the status of the civilian nu-
10
clear energy industry, the long-term risks to such in-
11
dustry, and the basis for such risks;
12
(2) information on how the use of the civilian
13
nuclear energy industry, relative to other types of
14
energy industries, can reduce the emission of criteria
15
pollutants and carbon dioxide;
16
(3) information on the role the United States
17
civilian nuclear energy industry plays in United
18
States foreign policy;
19
(4) information on the importance of the
20
United States civilian nuclear energy industry to
21
countries that are allied to the United States;
22
(5) information on how the United States may
23
collaborate with such countries in developing, deploy-
24
ing, and investing in nuclear technology;
25
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•HR 995 IH
(6) information on how foreign countries use
1
nuclear energy when crafting and implementing
2
their own foreign policy, including such use by for-
3
eign countries that are strategic competitors;
4
(7) an evaluation of how nuclear nonprolifera-
5
tion efforts and nuclear energy safety are affected by
6
the involvement of the United States in—
7
(A) international markets; and
8
(B) setting civilian nuclear energy industry
9
standards;
10
(8) an evaluation of how industries in the
11
United States, other than the civilian nuclear energy
12
industry, benefit from the generation of electricity
13
by nuclear power plants;
14
(9) information on utilities and companies in
15
the United States that are involved in the civilian
16
nuclear energy supply chain, including, with respect
17
to such utilities and companies—
18
(A) financial challenges;
19
(B) foreign strategic competition; and
20
(C) risks to continued operation; and
21
(10) recommendations for how the United
22
States may—
23
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•HR 995 IH
(A) develop a national strategy to increase
1
the role nuclear energy plays in diplomacy and
2
strategic energy policy;
3
(B) develop a strategy to mitigate foreign
4
competitor’s utilization of their civilian nuclear
5
energy industries in diplomacy;
6
(C) align its nuclear energy policy with na-
7
tional security objectives; and
8
(D) remove regulatory barriers to the de-
9
velopment of the United States civilian nuclear
10
energy supply chain.
11
(c) REPORT
TO
CONGRESS.—Not later than 6
12
months after the study is conducted under subsection (a),
13
the Secretary of Energy shall submit to the appropriate
14
committees of Congress a report on the results of such
15
study.
16
SEC. 3. PROGRAM TO TRAIN AND SHARE EXPERTISE.
17
(a) IN GENERAL.—Not later than 1 year after the
18
date of enactment of this Act, the Secretary of Energy,
19
in consultation with the Secretary of State and the Com-
20
mission, shall develop and carry out a program under
21
which the Secretary of Energy shall train foreign nuclear
22
energy experts and standardize practices.
23
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•HR 995 IH
(b) REQUIREMENTS.—In carrying out the program
1
developed under subsection (a), the Secretary of Energy
2
shall—
3
(1) issue guidance for best safety practices in
4
the global civilian nuclear energy industry based on
5
practices established in the United States;
6
(2) train foreign nuclear energy experts on the
7
operation and safety practices used by the United
8
States civilian nuclear energy industry;
9
(3) review global supply chain issues for foreign
10
civilian nuclear energy industries;
11
(4) identify weaknesses and concerns found in
12
foreign civilian nuclear energy industries; and
13
(5) establish partnerships with foreign countries
14
that have developed or are developing civilian nu-
15
clear energy industries.
16
(c) FOREIGN NUCLEAR ENERGY EXPERT.—In this
17
section, the term ‘‘foreign nuclear energy expert’’ does not
18
include a person who is from a country—
19
(1) in which intellectual property theft is legal;
20
(2) that takes actions to undermine the civilian
21
nuclear energy industry or other critical industries
22
of the United States; or
23
(3) which the Secretary of Energy determines is
24
inimical to the interest of the United States.
25
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•HR 995 IH
SEC. 4. INTERNATIONAL NUCLEAR REACTOR EXPORT AND
1
INNOVATION ACTIVITIES.
2
(a) COORDINATION.—The Commission shall—
3
(1) coordinate all work of the Commission relat-
4
ing to—
5
(A) issuing a license for the import or ex-
6
port of a nuclear reactor under section 103 of
7
the Atomic Energy Act of 1954 (42 U.S.C.
8
2133); and
9
(B) international regulatory cooperation
10
and assistance relating to nuclear reactors; and
11
(2) support—
12
(A) the consideration of international tech-
13
nical standards to assist the design, licensing,
14
and construction of advanced nuclear systems;
15
(B) efforts to help build competent nuclear
16
regulatory organizations and legal frameworks
17
in foreign countries that are seeking to develop
18
civilian nuclear energy industries; and
19
(C) exchange programs and training pro-
20
vided to foreign countries relating to civilian
21
nuclear energy industry regulation and over-
22
sight to improve nuclear technology licensing.
23
(b) CONSULTATION.—In supporting exchange pro-
24
grams and training under subsection (a)(2)(C), the Com-
25
mission shall consult with—
26
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•HR 995 IH
(1) the Secretary of Energy;
1
(2) the National Laboratories;
2
(3) the private sector; and
3
(4) institutions of higher education.
4
(c) NUCLEAR REACTOR EXPORT AND INNOVATION
5
BRANCH.—The Commission shall establish within the Of-
6
fice of International Programs of the Commission a
7
branch, to be known as the ‘‘International Nuclear Reac-
8
tor Export and Innovation Branch’’, to carry out the nu-
9
clear reactor export and innovation activities described in
10
subsection (a) as the Commission determines appropriate.
11
(d) EXCLUSION
OF
INTERNATIONAL
ACTIVITIES
12
FROM THE FEE BASE.—Section 102 of the Nuclear En-
13
ergy Innovation and Modernization Act (42 U.S.C. 2215)
14
is amended—
15
(1) in subsection (a), by adding at the end the
16
following:
17
‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX-
18
PORT AND INNOVATION ACTIVITIES.—The Commis-
19
sion shall identify in the annual budget justification
20
international nuclear reactor export and innovation
21
activities described in section 4(a) of the Global Nu-
22
clear Energy Assessment and Cooperation Act.’’;
23
and
24
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•HR 995 IH
(2) in subsection (b)(1)(B), by adding at the
1
end the following:
2
‘‘(iv) Costs for international nuclear
3
reactor export and innovation activities de-
4
scribed in section 4(a) of the Global Nu-
5
clear Energy Assessment and Cooperation
6
Act.’’.
7
SEC. 5. DENIAL OF CERTAIN DOMESTIC LICENSES FOR NA-
8
TIONAL SECURITY PURPOSES.
9
(a) DEFINITION OF COVERED FUEL.—In this sec-
10
tion, the term ‘‘covered fuel’’ means enriched uranium
11
that is fabricated into fuel assemblies for nuclear reactors
12
by an entity that—
13
(1) is owned or controlled by the Government of
14
the Russian Federation or the Government of the
15
People’s Republic of China; or
16
(2) is organized under the laws of, or otherwise
17
subject to the jurisdiction of, the Russian Federation
18
or the People’s Republic of China.
19
(b) PROHIBITION ON UNLICENSED POSSESSION OR
20
OWNERSHIP OF COVERED FUEL.—Unless specifically au-
21
thorized by the Commission in a license issued under sec-
22
tion 53 of the Atomic Energy Act of 1954 (42 U.S.C.
23
2073), no person subject to the jurisdiction of the Com-
24
mission may possess or own covered fuel.
25
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•HR 995 IH
(c) LICENSE
TO
POSSESS
OR
OWN
COVERED
1
FUEL.—
2
(1)
CONSULTATION
REQUIRED
PRIOR
TO
3
ISSUANCE.—The Commission shall not issue a li-
4
cense to possess or own covered fuel under section
5
53 of the Atomic Energy Act of 1954 (42 U.S.C.
6
2073), unless the Commission has first consulted
7
with the Secretary of Energy and the Secretary of
8
State before issuing the license.
9
(2) PROHIBITION ON ISSUANCE OF LICENSE.—
10
(A) IN
GENERAL.—Subject to subpara-
11
graph (C), a license to possess or own covered
12
fuel shall not be issued if the Secretary of En-
13
ergy and the Secretary of State make the deter-
14
mination described in subparagraph (B).
15
(B) DETERMINATION.—
16
(i) IN GENERAL.—The determination
17
referred to in subparagraph (A) is a deter-
18
mination that possession or ownership, as
19
applicable, of covered fuel poses a threat to
20
the national security of the United States
21
that adversely impacts the physical and
22
economic security of the United States.
23
(ii) JOINT DETERMINATION.—A deter-
24
mination described in clause (i) shall be
25
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•HR 995 IH
jointly made by the Secretary of Energy
1
and the Secretary of State.
2
(iii) TIMELINE.—
3
(I) NOTICE
OF
APPLICATION.—
4
Not later than 30 days after the date
5
on which the Commission receives an
6
application for a license to possess or
7
own covered fuel, the Commission
8
shall notify the Secretary of Energy
9
and the Secretary of State of the ap-
10
plication.
11
(II) DETERMINATION.—The Sec-
12
retary of Energy and the Secretary of
13
State shall have a period of 180 days,
14
beginning on the date on which the
15
Commission notifies the Secretary of
16
Energy and the Secretary of State
17
under subclause (I) of an application
18
for a license to possess or own covered
19
fuel, in which to make the determina-
20
tion described in clause (i).
21
(III)
COMMISSION
NOTIFICA-
22
TION.—On making the determination
23
described in clause (i), the Secretary
24
of Energy and the Secretary of State
25
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•HR 995 IH
shall immediately notify the Commis-
1
sion.
2
(IV) CONGRESSIONAL NOTIFICA-
3
TION.—Not later than 30 days after
4
the date on which the Secretary of
5
Energy and the Secretary of State no-
6
tify the Commission under subclause
7
(III), the Commission shall notify the
8
appropriate committees of Congress of
9
the determination.
10
(V) PUBLIC NOTICE.—Not later
11
than 15 days after the date on which
12
the Commission notifies Congress
13
under subclause (IV) of a determina-
14
tion made under clause (i), the Com-
15
mission shall make that determination
16
publicly available.
17
(C) EFFECT
OF
NO
DETERMINATION.—
18
The prohibition described in subparagraph (A)
19
shall not apply if the Secretary of Energy and
20
the Secretary of State do not make the deter-
21
mination described in subparagraph (B) by the
22
date described in clause (iii)(II) of that sub-
23
paragraph.
24
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•HR 995 IH
SEC. 6. DEFINITIONS.
1
In this Act:
2
(1)
APPROPRIATE
COMMITTEES
OF
CON-
3
GRESS.—The term ‘‘appropriate committees of Con-
4
gress’’ means each of the following:
5
(A) The Committee on Energy and Com-
6
merce of the House of Representatives.
7
(B) The Committee on Foreign Affairs of
8
the House of Representatives.
9
(C) The Committee on Energy and Nat-
10
ural Resources of the Senate.
11
(D) The Committee on Foreign Relations
12
of the Senate.
13
(2) COMMISSION.—The term ‘‘Commission’’
14
means the Nuclear Regulatory Commission.
15
Æ
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