Sec. 203. American nuclear competitiveness

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Not later than 90 days after the date of enactment of this Act, the Secretary of Energy, with the concurrence of 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.

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 paragraph (1). 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 subsection, review the list in Appendix A to part 810 of title 10, Code of Federal Regulations, and amend such list as appropriate.

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 paragraph

(2)of this subsection if the Nuclear Regulatory Commission determines that issuance of the applicable license to that entity is not inimical to— the common defense and security; or the health and safety of the public. An entity referred to in paragraph

(1)is an alien, corporation, or other entity that is owned, controlled, or dominated by— the government of— a country, other than a country described in subparagraph (B), that is a member of the Organization for Economic Co-operation and Development on the date of enactment of this Act; or the Republic of India; a corporation that is incorporated in a country described in subclause

(I)or

(II)of clause (i); or an alien who is a citizen or national of a country described in subclause

(I)or

(II)of clause (i). A country described in this subparagraph is a country— 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 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 ). 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 . Nothing in this subsection affects the requirements of section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ). Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission (in this subsection 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— the flexible operation of advanced nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications; the use of advanced nuclear reactors exclusively for nonelectric applications; and the collocation of advanced nuclear reactors with industrial plants or other facilities. In developing the report under paragraph (1), the Commission shall seek input from— the Secretary of Energy; the nuclear energy industry; technology developers; the industrial, chemical, and medical sectors; nongovernmental organizations; and other public stakeholders. The report under paragraph

(1)shall describe— any unique licensing issues or requirements relating to the matters described in subparagraphs

(A)through

(C)of paragraph (1), including, with respect to the nonelectric applications referred to in subparagraphs

(A)and

(B)of that paragraph, any licensing issues or requirements relating to the use of nuclear energy— for hydrogen or other liquid and gaseous fuel or chemical production; for water desalination and wastewater treatment; for heat used in industrial processes; for district heating; in relation to energy storage; for industrial or medical isotope production; and other applications, as identified by the Commission; options for addressing such issues or requirements— within the existing regulatory framework; through the technology-inclusive, regulatory framework to be established under section 103(a)(4)(A) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ); or through a new rulemaking; the extent to which Commission action is needed to implement any matter described in the report; and cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for licensing advanced nuclear reactors for nonelectric applications. Not later than 180 days after the date of enactment of this Act, the Nuclear Regulatory Commission (in this subsection 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. In developing the report under paragraph (1), the Commission shall seek input from— the Secretary of Energy; the nuclear energy industry; the National Laboratories; institutions of higher education; nuclear and manufacturing technology developers; the manufacturing and construction industries; standards development organizations; labor unions; nongovernmental organizations; and other public stakeholders. The report under paragraph

(1)shall— examine any unique licensing issues or requirements relating to the use, for nuclear energy projects, of— advanced manufacturing techniques; and advanced construction techniques; examine— the requirements for nuclear-grade components in manufacturing and construction for nuclear energy projects; opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; and 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; 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; identify options for addressing the issues, requirements, and opportunities examined under clauses

(i)and (ii)— within the existing regulatory framework; or through a new rulemaking; and describe the extent to which Commission action is needed to implement any matter described in the report. The report under paragraph

(1)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. 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 . Section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended— in subsection d. (5), by striking $500,000,000 and inserting $2,000,000,000 ; and in subsection e. (4), by striking $500,000,000 and inserting $2,000,000,000 . 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 . 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. 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) ). The report described in paragraph

(1)shall include— 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 a review of the Secretary of Energy’s methodology to collect information to determine and implement the formula.

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