Short title

This Act may be cited as the

International Nuclear Energy Act of 2022

Definitions

In this Act:(1)

Advanced nuclear reactor

The term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).(2)

Ally or partner nation

The term ally or partner nation means—(A)the government of any country that is a member of the Organisation for Economic Co-operation and Development;(B)the Government of the Republic of India; and(C)the government of any country designated as an ally or partner nation by the Secretary of State for purposes of this Act.(3)

Assistant

The term Assistant means the Assistant to the President and Director for International Nuclear Energy Policy described in section 3(a)(1)(D).(4)

Associated entity

The term associated entity means an entity that—(A)is owned, controlled, or operated by—(i)an ally or partner nation; or(ii)an associated individual; or(B)is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph.(5)

Associated individual

The term associated individual means a foreign national who is a national of a country described in paragraph (2).(6)

Civil nuclear

The term civil nuclear means activities relating to—(A)nuclear plant construction; (B)nuclear fuel services; (C)nuclear energy financing;(D)nuclear plant operations;(E)nuclear plant regulation;(F)nuclear medicine;(G)nuclear safety;(H)community engagement in areas in reasonable proximity to nuclear sites;(I)infrastructure support for nuclear energy;(J)nuclear plant decommissioning;(K)nuclear liability;(L)safe storage and safe disposal of spent nuclear fuel;(M)environmental safeguards;(N)nuclear nonproliferation and security; and(O)technology related to the matters described in subparagraphs (A) through (N). (7)

Embarking civil nuclear energy nation

(A)

In general

The term embarking civil nuclear energy nation means a country that—(i)does not have a civil nuclear program;(ii)is in the process of developing or expanding a civil nuclear program, including safeguards and a legal and regulatory framework, for—(I)nuclear safety; (II)nuclear security; (III)radioactive waste management; (IV)civil nuclear energy;(V)environmental safeguards;(VI)community engagement in areas in reasonable proximity to nuclear sites;(VII)nuclear liability; or(VIII)advanced nuclear reactor licensing;(iii)is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced civil nuclear technologies; or(iv)is eligible to receive development lending from the World Bank.(B)

Exclusions

The term embarking civil nuclear energy nation does not include—(i)the People’s Republic of China;(ii)the Russian Federation;(iii)the Republic of Belarus;(iv)the Islamic Republic of Iran;(v)the Democratic People’s Republic of Korea;(vi)the Republic of Cuba;(vii)the Bolivarian Republic of Venezuela;(viii)the Syrian Arab Republic; or(ix)any other country—(I)the property or interests in property of the government of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or (II)the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism for purposes of—(aa)section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a));(bb)section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d));(cc)section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or(dd)any other relevant provision of law.(8)

Nuclear safety

The term nuclear safety means issues relating to the design, construction, operation, or decommissioning of nuclear facilities in a manner that ensures adequate protection of workers, the public, and the environment, including—(A)the safe operation of nuclear reactors and other nuclear facilities;(B)radiological protection of—(i)members of the public; (ii)workers; and (iii)the environment;(C)nuclear waste management; (D)emergency preparedness;(E)nuclear liability; and(F)the safe transportation of nuclear materials.(9)

Secretary

The term Secretary means the Secretary of Energy.(10)

Spent nuclear fuel

The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).(11)

U.S. nuclear energy company

The term U.S. nuclear energy company means a company that—(A)is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and(B)is involved in the nuclear energy industry.

Civil nuclear coordination and strategy

(a)

White House focal point on coordination

(1)

Sense of Congress

Given the critical importance of developing and implementing, with input from various agencies throughout the executive branch, a cohesive policy with respect to international efforts related to civil nuclear energy, it is the sense of Congress that—(A)there should be a focal point within the White House, which may, if determined to be appropriate, report to the National Security Council, for coordination on issues relating to those efforts;(B)to provide that focal point, the President should establish, within the Executive Office of the President, an office, to be known as the Office of the Assistant to the President and Director for International Nuclear Energy Policy (referred to in this subsection as the Office);(C)the Office should act as a coordinating office for—(i)international civil nuclear cooperation; and (ii)civil nuclear export strategy;(D)the Office should be headed by an individual appointed as an Assistant to the President with the title of Director for International Nuclear Energy Policy; and(E)the Office should—(i)coordinate civil nuclear export policies for the United States;(ii)develop, in coordination with the officials described in paragraph (2), a cohesive Federal strategy for engagement with foreign governments (including ally or partner nations and the governments of embarking civil nuclear energy nations), associated entities, and associated individuals with respect to civil nuclear exports; (iii)coordinate with the officials described in paragraph (2) to ensure that necessary framework agreements and trade controls relating to civil nuclear materials and technologies are in place for key markets; and(iv)develop—(I)a whole-of-government coordinating strategy for civil nuclear cooperation;(II)a whole-of-government strategy for civil nuclear exports; and(III)a whole-of-government approach to support appropriate foreign investment in civil nuclear energy projects supported by the United States in embarking civil nuclear energy nations.(2)

Officials described

The officials referred to in paragraph (1)(E) are—(A)the appropriate officials of—(i)the Department of State;(ii)the Department of Energy;(iii)the Department of Commerce;(iv)the Department of Transportation;(v)the Nuclear Regulatory Commission;(vi)the Department of Defense;(vii)the National Security Council;(viii)the National Economic Council;(ix)the Office of the United States Trade Representative;(x)the Office of Management and Budget;(xi)the Office of the Director of National Intelligence;(xii)the Export-Import Bank of the United States;(xiii)the United States International Development Finance Corporation;(xiv)the United States Agency for International Development;(xv)the United States Trade and Development Agency;(xvi)the Office of Science and Technology Policy; and(xvii)any other Federal agency that the President determines to be appropriate; and(B)appropriate officials representing foreign countries and governments, including—(i)ally or partner nations;(ii)embarking civil nuclear energy nations; and(iii)any other country or government that the Assistant (if appointed) and the officials described in subparagraph (A) jointly determine to be appropriate.(b)

Nuclear Exports Working Group

(1)

Establishment

There is established a working group, to be known as the Nuclear Exports Working Group (referred to in this subsection as the working group).(2)

Composition

The working group shall be composed of—(A)senior-level Federal officials, selected internally by the applicable Federal agency or organization, from—(i)the Department of State; (ii)the Department of Commerce;(iii)the Department of Energy;(iv)the Department of the Treasury;(v)the Export-Import Bank of the United States;(vi)the United States International Development Finance Corporation; (vii)the Nuclear Regulatory Commission;(viii)the Office of the United States Trade Representative; and(ix)the United States Trade and Development Agency; and(B)other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate.(3)

Reporting

The working group shall report to the appropriate White House official, which may be the Assistant (if appointed).(4)

Duties

The working group shall submit to the Civil Nuclear Trade Advisory Committee of the Department of Commerce and the Nuclear Energy Advisory Committee of the Department of Energy quarterly reports on the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 5-year civil nuclear trade strategy described in paragraph (5)(A).(5)

Strategy

(A)

In general

Not later than 1 year after the date of enactment of this Act, the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non-light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions.(B)

Collaboration required

In establishing the strategy under subparagraph (A), the working group shall collaborate with—(i)the Secretary;(ii)the Secretary of Commerce;(iii)the Secretary of State;(iv)the Secretary of the Treasury;(v)the Nuclear Regulatory Commission;(vi)the President of the Export-Import Bank of the United States;(vii)the Chief Executive Officer of the United States International Development Finance Corporation;(viii)the United States Trade Representative; and(ix)representatives of private industry.

Engagement with ally or partner nations

(a)

In general

The President shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach to embarking civil nuclear energy nations.(b)

Financing

In carrying out the initiative described in subsection (a), the President, acting through an appropriate Federal official, who may be the Assistant (if appointed) or the Chief Executive Officer of the International Development Finance Corporation, if determined to be appropriate, and in coordination with the officials described in section 3(a)(2), may, if the President determines to be appropriate, seek to establish cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to embarking civil nuclear energy nations.(c)

Activities

In carrying out the initiative described in subsection (a), the President shall—(1)assist nongovernmental organizations and appropriate offices, administrations, agencies, laboratories, and programs of the Department of Energy and other relevant Federal agencies and offices in providing education and training to foreign governments in nuclear safety, security, and safeguards—(A)through engagement with the International Atomic Energy Agency; or(B)independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently;(2)assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear energy nations for nuclear safety, security, and safeguards;(3)coordinate the work of the Chief Executive Officer of the United States International Development Finance Corporation to expand outreach to the private investment community to create public-private financing relationships to assist in the export of civil nuclear technology to embarking civil nuclear energy nations;(4)seek to better coordinate, to the maximum extent practicable, the work carried out by each of—(A)the Nuclear Regulatory Commission;(B)the Department of Energy; (C)the Department of Commerce; (D)the Nuclear Energy Agency;(E)the International Atomic Energy Agency; and(F)the nuclear regulatory agencies and organizations of embarking civil nuclear energy nations and ally or partner nations; and (5)improve the efficient and effective exporting and importing of civil nuclear technologies and materials.

Cooperative financing relationships with ally or partner nations and embarking civil nuclear energy nations

(a)

In general

The President shall designate an appropriate White House official, who may be the Assistant (if appointed), and the Chief Executive Officer of the United States International Development Finance Corporation to coordinate with the officials described in section 3(a)(2) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to advance civil nuclear exports from the United States or ally or partner nations to embarking civil nuclear energy nations.(b)

United States competitiveness clauses

(1)

Definition of United States competitiveness clause

In this subsection, the term United States competitiveness clause means any United States competitiveness provision in any agreement entered into by the Department of Energy, including—(A)a cooperative agreement;(B)a cooperative research and development agreement; and(C)a patent waiver.(2)

Consideration

In carrying out subsection (a), the relevant officials described in that subsection shall consider the impact of United States competitiveness clauses on any financing relationships entered into or proposed to be entered into under that subsection.(3)

Waiver

The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under subsection (a).

Cooperation with ally or partner nations on advanced nuclear reactor demonstration and cooperative research facilities for civil nuclear energy

(a)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy.(b)

Requirement

The meetings described in subsection (a) shall include—(1)a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on U.S. nuclear energy companies, during the 10-year period beginning on the date of enactment of this Act to provide options for addressing climate change by 2050; and(2)a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to—(A)the demonstration and deployment of advanced nuclear reactors; and (B)the development of cooperative research facilities.(c)

Financing arrangements

In conducting the meetings described in subsection (a), the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings.(d)

Report

Not later than 1 year after the date of enactment of this Act, the Secretary, the Secretary of State, and the Secretary of Commerce shall jointly submit to Congress a report highlighting potential partners—(1)for the establishment of cost-share arrangements described in subsection (c); or (2)with which the United States may enter into agreements with respect to—(A)the demonstration of advanced nuclear reactors; or(B)cooperative research facilities.

International civil nuclear energy cooperation

Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 16279b) is amended—(1)in the matter preceding paragraph (1), by striking The Secretary and inserting the following:

(a)

In general

The Secretary

;

(2)in subsection (a) (as so designated)—(A)in paragraph (1)—(i)by striking financing,; and(ii)by striking and after the semicolon at the end;(B)in paragraph (2)—(i)in subparagraph (A), by striking preparations for; and(ii)in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and(C)by adding at the end the following:

(3)to support, in consultation with the Secretary of State, the safe, secure, and peaceful use of civil nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People’s Republic of China; and(4)to promote the fullest utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in section 2 of the International Nuclear Energy Act of 2022) in civil nuclear energy programs outside the United States through—(A)bilateral and multilateral arrangements developed and executed in coordination with the Secretary of State that contain commitments for the utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in that section);(B)the designation of 1 or more U.S. nuclear energy companies (as defined in that section) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section;(C)the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section; and(D)the issuance of loans, loan guarantees, other financial assistance, or assistance in the form of an equity interest to carry out activities related to an arrangement under subparagraph (A), to the extent appropriated funds are available.

; and

(3)by adding at the end the following:

(b)

Requirements

The program under subsection (a) shall—(1)with respect to the function described in subsection (a)(3), be modeled after the International Military Education and Training program of the Department of State; and(2)be authorized and directed by the Secretary of State and implemented by the Secretary—(A)to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as—(i)training; (ii)financing; (iii)safety;(iv)security;(v)safeguards;(vi)liability;(vii)advanced fuels;(viii)operations; and(ix)options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)); and(B)in coordination with—(i)the National Security Council;(ii)the Secretary of State;(iii)the Secretary of Commerce; and(iv)the Nuclear Regulatory Commission.(c)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out subsection (a)(3) $15,500,000 for each of fiscal years 2023 through 2027.

International civil nuclear program support

(a)

In general

Not later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), shall launch an international initiative (referred to in this section as the initiative) to provide financial assistance to, and facilitate the building of technical capacities by, in accordance with this section, embarking civil nuclear energy nations for activities relating to the development of civil nuclear energy programs.(b)

Financial assistance

(1)

In general

In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award grants of financial assistance to embarking civil nuclear energy nations in accordance with this subsection—(A)for activities relating to the development of civil nuclear energy programs; and(B)to facilitate the building of technical capacities for those activities.(2)

Amount

The amount of a grant of financial assistance under paragraph (1) shall be not more than $5,500,000.(3)

Limitations

The Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award—(A)not more than 1 grant of financial assistance under paragraph (1) to any 1 embarking civil nuclear energy nation each fiscal year; and(B)not more than a total of 5 grants of financial assistance under paragraph (1) to any 1 embarking civil nuclear energy nation.(c)

Senior advisors

(1)

In general

In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may provide financial assistance to an embarking civil nuclear energy nation for the purpose of contracting with a U.S. nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear energy nation in establishing a civil nuclear program.(2)

Requirement

A senior advisor described in paragraph (1) shall have relevant experience and qualifications to advise the embarking civil nuclear energy nation on, and facilitate on behalf of the embarking civil nuclear energy nation, 1 or more of the following activities:(A)The development of financing relationships.(B)The development of a standardized financing and project management framework for the construction of nuclear power plants.(C)The development of a standardized licensing framework for—(i)light water civil nuclear technologies; and (ii)non-light water civil nuclear technologies and advanced nuclear reactors.(D)The identification of qualified organizations and service providers.(E)The identification of funds to support payment for services required to develop a civil nuclear program. (F)Market analysis.(G)The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program.(H)Risk allocation, risk management, and nuclear liability.(I)Technical assessments of nuclear reactors and technologies.(J)The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415).(K)Stakeholder engagement.(L)Management of spent nuclear fuel and nuclear waste.(M)Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements.(3)

Clarification

Financial assistance under this subsection may be provided to an embarking civil nuclear energy nation in addition to any financial assistance provided to that embarking civil nuclear energy nation under subsection (b).(d)

Authorization of appropriations

There is authorized to be appropriated to the Secretary of State to carry out the initiative $50,000,000 for each of fiscal years 2023 through 2027.

Biennial cabinet-level international conference on nuclear safety, security, safeguards, and sustainability

(a)

In general

The President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this section as a conference).(b)

Conference functions

It is the sense of Congress that each conference should—(1)be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to—(A)nuclear safety, security, safeguards, and sustainability;(B)environmental safeguards; and(C)local community engagement in areas in reasonable proximity to nuclear sites; and(2)facilitate—(A)the development of—(i)joint commitments and goals to improve—(I)nuclear safety, security, safeguards, and sustainability;(II)environmental safeguards; and(III)local community engagement in areas in reasonable proximity to nuclear sites;(ii)stronger international institutions that support nuclear safety, security, safeguards, and sustainability;(iii)cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing;(iv)a standardized financing and project management framework for the construction of civil nuclear power plants;(v)a standardized licensing framework for civil nuclear technologies;(vi)a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects;(vii)a document containing any lessons learned from countries that have partnered with the Russian Federation or the People’s Republic of China with respect to civil nuclear power, including any detrimental outcomes resulting from that partnership; and(viii)a global civil nuclear liability regime;(B)cooperation for enhancing the overall aspects of civil nuclear power, such as—(i)nuclear safety, security, safeguards, and sustainability;(ii)nuclear laws (including regulations);(iii)waste management;(iv)quality management systems;(v)technology transfer;(vi)human resources development;(vii)localization;(viii)reactor operations;(ix)nuclear liability; and(x)decommissioning; and(C)the development and determination of the mechanisms described in paragraphs (7) and (8) of section 10(a), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that section. (c)

Input from industry and government

It is the sense of Congress that each conference should include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to—(1)the safe and secure use, storage, and transport of nuclear and radiological materials;(2)managing the evolving cyber threat to nuclear and radiological security; and(3)the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste.

10.

Advanced Reactor Coordination and Resource Center

(a)

In general

The President shall consider the feasibility of establishing a center, to be known as the Advanced Reactor Coordination and Resource Center (referred to in this section as the Center), for the purposes of—(1)identifying qualified organizations and service providers—(A)for embarking civil nuclear energy nations;(B)to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and(C)to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency;(2)coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under section 3(b)—(A)to identify funds to support payment for services required to develop a civil nuclear program;(B)to provide market analysis; and(C)to create—(i)project structure models; (ii)models for electricity market analysis; (iii)models for nonelectric applications market analysis; and (iv)financial models;(3)identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program;(4)supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience;(5)developing and strengthening communications, engagement, and consensus-building;(6)carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program;(7)developing mechanisms for how to fund and staff the Center; and(8)determining mechanisms for the selection of the location or locations of the Center.(b)

Objective

The President shall carry out subsection (a) with the objective of establishing the Center if the President determines that it is feasible to do so.

11.

Investment by allies and partners of the United States

(a)

Commercial licenses

Section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the second sentence—(1)by inserting for a production facility after No license; and(2)by striking any any and inserting any.(b)

Medical therapy and research development licenses

Section 104 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended, in the second sentence, by inserting for a production facility after No license.

12.

Strategic Infrastructure Fund Working Group

(a)

Establishment

There is established a working group, to be known as the Strategic Infrastructure Fund Working Group (referred to in this section as the working group).(b)

Composition

The working group shall be—(1)led by a White House official, who may be the Assistant (if appointed), who shall serve as the White House focal point with respect to matters relating to the working group; and(2)composed of—(A)senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from—(i)the Department of State;(ii)the Department of the Treasury;(iii)the Department of Commerce;(iv)the Department of Energy;(v)the Export-Import Bank of the United States;(vi)the United States International Development Finance Corporation; and(vii)the Nuclear Regulatory Commission;(B)other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and(C)any senior-level Federal official selected by the White House official described in paragraph (1) from any Federal agency or organization.(c)

Reporting

The working group shall report to the National Security Council.(d)

Duties

The working group shall—(1)provide direction and advice to the officials described in section 3(a)(2)(A) and appropriate Federal agencies, as determined by the working group, with respect to the establishment of a Strategic Infrastructure Fund (referred to in this subsection as the Fund) to be used—(A)to support those aspects of projects relating to—(i)civil nuclear technologies; (ii)rare earth elements and critical minerals (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))); and(iii)microprocessors; and(B)for strategic investments identified by the working group; and(2)address critical areas in determining the appropriate design for the Fund, including—(A)transfer of assets to the Fund;(B)transfer of assets from the Fund;(C)how assets in the Fund should be invested; and(D)governance and implementation of the Fund.(e)

Report required

(1)

In general

Not later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in paragraph (2) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund.(2)

Committees described

The committees referred to in paragraph (1) are—(A)the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and(B)the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives.(3)

Administration of the Fund

The report submitted under paragraph (1) shall include suggested legislative language requiring all expenditures from a Strategic Infrastructure Fund established in accordance with this section to be administered by the Secretary of State (or a designee of the Secretary of State).

13.

United States small modular reactor initiative to increase competitiveness and export of United States nuclear reactor technologies

(a)

Objectives

The objectives of this section are—(1)to expeditiously demonstrate domestic origin small modular reactor technology that is competitive in international markets against designs offered by the Russian Federation and the People’s Republic of China;(2)expeditiously promote and develop a domestic nuclear supply chain to support near-term international export of small modular reactors; and(3)expeditiously develop and demonstrate small modular reactor technology that utilizes reactor fuels derived from low-enriched uranium.(b)

Authorization of appropriations

In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary pursuant to the funding opportunity announcements of the Department numbered DE–NE0008935 and DE–NE0008928, $1,439,000,000 for fiscal year 2023, to remain available until September 30, 2031, for ongoing work to support regulatory development, design, and deployment activities.

14.

U.S. nuclear fuels security initiative to reduce reliance on nuclear fuels from Russia and China

(a)

Sense of Congress

It is the sense of Congress that—(1)the United States and the allies of the United States need to eliminate reliance on the Russian Federation for energy fuels, including all forms of uranium;(2)the Department should—(A)prioritize activities to increase domestic production of low-enriched uranium; and (B)accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and(3)if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary—(A)all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and(B)all viable options for partnering with ally or partner nations to meet those needs and schedules until that time.(b)

Objectives

The objectives of this section are—(1)to expeditiously increase domestic production of low-enriched uranium to prevent the reliance of the United States and, to the maximum extent practicable, ally or partner nations on nuclear fuels from—(A)the Russian Federation;(B)the People’s Republic of China; and(C)other countries determined by the Secretary to be insecure supply sources with respect to low-enriched uranium;(2)to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of—(A)advanced nuclear reactor developers; and(B)the consortium;(3)to ensure the availability of domestically produced, converted, and enriched uranium in a quantity determined by the Secretary, in consultation with U.S. nuclear energy companies, to be sufficient to address a reasonably anticipated supply disruption;(4)to address gaps and deficiencies in the domestic production, conversion, enrichment, deconversion, and reduction of uranium by partnering with ally or partner nations if domestic options are not practicable;(5)to ensure that, in the event of a supply disruption in the nuclear fuel market, a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the Department;(6)to support enrichment, deconversion, and reduction technology deployed in the United States; and(7)to ensure that, until such time that domestic enrichment and deconversion of high-assay, low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers, the Secretary considers and implements, as necessary—(A)all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers; and(B)all viable options for partnering with ally or partner nations to meet those needs and schedules. (c)

Definitions

In this section:(1)

Advanced nuclear reactor

The term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).(2)

Ally or partner nation

Associated entity

The term associated entity means an entity that—(A)is owned, controlled, or dominated by—(i)an ally or partner nation; or(ii)an associated individual; or(B)is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in any of subparagraphs (A) through (C) of paragraph (2), including a corporation that is incorporated in a country described in any of those subparagraphs. (4)

Associated individual

The term associated individual means an alien who is a national of a country described in any of subparagraphs (A) through (C) of paragraph (2).(5)

Consortium

The term consortium means the consortium established under section 2001(a)(2)(F) of the Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).(6)

Department

The term Department means the Department of Energy.(7)

High-assay, low-enriched uranium; HALEU

The term high-assay, low-enriched uranium or HALEU means high-assay low-enriched uranium (as defined in section 2001(d) of the Energy Act of 2020 (42 U.S.C. 16281(d))). (8)

Low-enriched uranium; LEU

The term low-enriched uranium or LEU means each of—(A)low-enriched uranium (as defined in section 3102 of the USEC Privatization Act (42 U.S.C. 2297h)); and(B)low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))). (9)

Programs

The term Programs means—(A)the Nuclear Fuel Security Program established under subsection (d)(1);(B)the American Assured Fuel Supply Program of the Department; and(C)the HALEU for Advanced Nuclear Reactor Demonstration Projects Program established under subsection (d)(3).(10)

Secretary

The term Secretary means the Secretary of Energy.(11)

U.S. nuclear energy company

Establishment and expansion of programs

The Secretary, consistent with the objectives described in subsection (b), shall—(1)establish a program, to be known as the Nuclear Fuel Security Program, to prevent the reliance of the United States and, to the maximum extent practicable, ally or partner nations on LEU and HALEU from the Russian Federation and the People’s Republic of China by increasing the quantity of LEU and HALEU produced by U.S. nuclear energy companies;(2)expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, and enriched uranium in the event of a supply disruption; and(3)establish a program, to be known as the HALEU for Advanced Nuclear Reactor Demonstration Projects Program—(A)to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and(B)where practicable, to partner with ally or partner nations to meet those needs and schedules until that time.(e)

Nuclear Fuel Security Program

(1)

In general

In carrying out the Nuclear Fuel Security Program, the Secretary shall—(A)not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts to begin acquiring not less than 100 metric tons per year of LEU by December 31, 2026 (or the earliest operationally feasible date thereafter), to ensure diverse domestic uranium mining, conversion, enrichment, deconversion, and reduction capacity and technologies, including new capacity, among U.S. nuclear energy companies;(B)not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts with members of the consortium to begin acquiring not less than 20 metric tons per year of HALEU by December 31, 2027 (or the earliest operationally feasible date thereafter), from U.S. nuclear energy companies;(C)utilize only uranium produced, converted, and enriched in—(i)the United States; or (ii)if domestic options are not practicable, a country described in any of subparagraphs (A) through (C) of subsection (c)(2);(D)to the maximum extent practicable, ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the United States; and(E)take other actions that the Secretary determines to be necessary or appropriate to prevent the reliance of the United States and ally or partner nations on nuclear fuels from the Russian Federation and the People’s Republic of China. (2)

Considerations

In carrying out paragraph (1)(B), the Secretary shall consider and, if appropriate, implement—(A)options to ensure the quickest availability of commercially enriched HALEU, including—(i)partnerships between 2 or more commercial enrichers; and(ii)utilization of up to 10-percent enriched uranium as feedstock in demonstration-scale or commercial HALEU enrichment facilities;(B)options to partner with ally or partner nations to provide LEU and HALEU for commercial purposes;(C)options that provide for an array of HALEU—(i)enrichment levels;(ii)output levels to meet demand; and(iii)fuel forms, including uranium metal and oxide; and(D)options—(i)to replenish, as necessary, Department stockpiles of uranium that was intended to be downblended for other purposes, but was instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program;(ii)to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and(iii)to make HALEU available to other advanced nuclear reactor developers and other end-users.(3)

Avoidance of market disruptions

In carrying out the Nuclear Fuel Security Program, the Secretary, to the extent practicable and consistent with the purposes of that program, shall not disrupt or replace market mechanisms by competing with U.S. nuclear energy companies.(f)

Expansion of the American Assured Fuel Supply Program

The Secretary, in consultation with U.S. nuclear energy companies, shall—(1)expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and(2)in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)—(A)maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (b);(B)utilize only uranium produced, converted, and enriched in—(i)the United States; or(ii)if domestic options are not practicable, a country described in any of subparagraphs (A) through (C) of subsection (c)(2);(C)make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate;(D)refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and(E)take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (b).(g)

HALEU for Advanced Nuclear Reactor Demonstration Projects Program

(1)

Activities

On enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate.(2)

Quantity

In carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available—(A)by September 30, 2024, not less than 3 metric tons of HALEU;(B)by December 31, 2025, not less than an additional 8 metric tons of HALEU; and(C)by June 30, 2026, not less than an additional 10 metric tons of HALEU.(3)

Factors for consideration

In carrying out activities under this subsection, the Secretary shall take into consideration—(A)options for providing HALEU from a stockpile of uranium owned by the Department (including the National Nuclear Security Administration), including—(i)uranium that has been declared excess to national security needs;(ii)uranium that—(I)directly meets the needs of advanced nuclear reactor developers; but(II)has been previously used or fabricated for another purpose;(iii)uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste;(iv)uranium from a high-enriched uranium stockpile, which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and(v)uranium from stockpiles intended for other purposes, but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department;(B)options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories, including options that may be mutually beneficial to the Department and to U.S. nuclear energy companies;(C)options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department;(D)options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (d)(1);(E)options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (d)(1); and(F)options that combine 1 or more of the approaches described in subparagraphs (A) through (E) to meet the deadlines described in paragraph (2).(4)

Limitation

The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to—(A)the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or(B)environmental cleanup activities.(5)

Sunset

The authority of the Secretary to carry out activities under this subsection shall terminate on the date on which the Secretary notifies Congress that the HALEU needs of advanced nuclear reactor developers can be fully met by commercial HALEU suppliers in the United States, as determined by the Secretary, in consultation with U.S. nuclear energy companies.(h)

Authority

In carrying out the Programs, the Secretary, in coordination with the Secretary of State (where applicable)—(1)may—(A)in addition to exercising the authority granted to the Secretary under any other provision of law, enter into transactions (other than contracts, cooperative agreements, financial assistance agreements, or the provision of any other financial assistance) with an ally or partner nation, a U.S. nuclear energy company, or any other domestic or foreign entity for any activity to carry out the Programs, including the acquisition or provision of uranium, conversion services, enrichment services, LEU, HALEU, and related goods and services;(B)notwithstanding section 161 u. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(u)), enter into contracts and other arrangements of such duration as the Secretary determines to be necessary;(C)make acquisitions for the Programs through the use of competitive selection processes that the Secretary determines to be appropriate to achieve the objectives described in subsection (b) in an expeditious manner;(D)(i)establish milestones for achieving specified objectives, including the production of LEU and HALEU in quantities and timeframes described in this section; and (ii)provide awards and other forms of incentives for meeting those milestones; and(E)provide loan guarantees, other financial assistance, or assistance in the form of revenue guarantees or similar mechanisms; and(2)shall ensure that amounts charged to the Secretary for the acquisition or provision of uranium, conversion services, enrichment services, LEU, HALEU, and other goods and services under the Programs provide, in the opinion of the Secretary, in consultation with U.S. nuclear energy companies, reasonable compensation, taking into account—(A)the fair market value of the good or service acquired or provided;(B)the cost recovery requirements of the consortium; and (C)the objectives described in subsection (b).(i)

Domestic sourcing considerations

(1)

In general

Except as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if—(A)the activity promotes manufacturing in the United States associated with uranium supply chains; or(B)the activity relies on resources, materials, or equipment developed or produced—(i)in the United States; or(ii)in a country described in any of subparagraphs (A) through (C) of subsection (c)(2) by—(I)an ally or partner nation;(II)an associated entity; or(III)a U.S. nuclear energy company.(2)

Waiver

The Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (b). (j)

Reasonable compensation

(1)

In general

In carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section.(2)

Availability of certain funds

Notwithstanding section 3302 of title 31, United States Code, revenues received from the sale or transfer of fuel feed material and other activities related to making LEU and HALEU available pursuant to this section—(A)shall be available to the Department for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and(B)shall remain available until expended.(k)

Exclusions

The Secretary may not carry out an activity in connection with the Programs with an entity that is—(1)owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or(2)organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (l)

Nuclear regulatory commission

The Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and related statutes.(m)

USEC Privatization Act

(1)

In general

The requirements of section 3112 of the USEC Privatization Act (42 U.S.C. 2297h–10) shall not apply to activities related to the Programs.(2)

Amendment

Section 3112A(c)(2)(A) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)(2)(A)) is amended—(A)in clause (xii), by inserting and after the semicolon at the end;(B)by striking clauses (xiii) through (xxvii); and(C)by adding at the end the following:

(xiii)in calendar year 2026 and each calendar year thereafter, 0 kilograms.

(n)

Prohibition on Importation of Uranium from the Russian Federation and the People’s Republic of China

(1)

In general

Notwithstanding section 3112A of the USEC Privatization Act (42 U.S.C. 2297h–10a) or any other provision of law, the importation of articles of the Russian Federation or the People’s Republic of China classifiable under subheading 2612.10, 2844.10, 2844.20, 2844.30.20, or 2844.30.50 of the Harmonized Tariff Schedule of the United States is prohibited.(2)

Waiver of prohibition

(A)

In general

The Secretary may waive the prohibition under paragraph (1) with respect to an article if the Secretary, in consultation with the Secretary of State and the Secretary of Commerce, determines that—(i)no viable source of alternative supply of the article is available to sustain continued operation of a nuclear reactor in the United States; or(ii)importation of the article from a country other than the Russian Federation or the People’s Republic of China is in the interest of national security.(B)

Notification to congress

Not later than 60 days before issuing a waiver under subparagraph (A), the Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives of the intent to issue the waiver, including a justification for the waiver.(C)

Expiration of waiver authority

The authority provided to the Secretary under subparagraph (A) expires on December 31, 2025.(3)

Effective date

Paragraph (1) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 45 days after the date of enactment of this Act. (o)

Authorization of appropriations

In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary—(1)for the Nuclear Fuel Security Program, $3,500,000,000 for fiscal year 2023, to remain available until September 30, 2031, of which the Secretary may use $1,000,000,000 by September 30, 2028, to carry out the HALEU for Advanced Nuclear Reactor Demonstration Projects Program; and(2)for the American Assured Fuel Supply Program of the Department, as expanded under this section, such sums as are necessary for the period of fiscal years 2023 through 2030, to remain available until September 30, 2031.

15.

Isotope demonstration and advanced nuclear research infrastructure enhancement

(a)

Evaluation and establishment of isotope demonstration program

Section 952(a)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16272(a)(2)(A)) is amended by striking shall evaluate the technical and economic feasibility of the establishment of and inserting shall evaluate the technical and economic feasibility of, and, if feasible, is authorized to establish,.(b)

Advanced nuclear research infrastructure enhancement

Section 954(a)(5) of the Energy Policy Act of 2005 (42 U.S.C. 16274(a)(5)) is amended—(1)by redesignating subparagraph (E) as subparagraph (F); and(2)by inserting after subparagraph (D) the following:

(E)

Fuel services

The Secretary shall expand the Research Reactor Infrastructure subprogram of the Radiological Facilities Management program of the Department carried out under paragraph (6) to provide fuel services to research reactors established under this paragraph.

16.

Report on civil nuclear credit program

Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to the appropriate committees of Congress a report that identifies the anticipated funding requirements for the civil nuclear credit program described in section 40323 of the Infrastructure Investment and Jobs Act (42 U.S.C. 18753), taking into account—(1)the zero-emission nuclear power production credit authorized by section 45U of the Internal Revenue Code of 1986; and (2)any increased fuel costs associated with the use of domestic fuel that may arise from the implementation of that program.