[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4064 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4064
To facilitate the development of a whole-of-government strategy for
nuclear cooperation and nuclear exports.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2022
Mr. Manchin (for himself and Mr. Risch) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To facilitate the development of a whole-of-government strategy for
nuclear cooperation and nuclear exports.
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 ``International Nuclear Energy Act of
2022''.
SEC. 2. 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 the Government of each of the following:
(A) A country that is a member of the North
Atlantic Treaty Organization.
(B) Japan.
(C) The Republic of Korea.
(D) Australia.
(E) Switzerland.
(F) Sweden.
(G) Finland.
(H) Any other 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 Nuclear Energy Policy
described in section 3(a)(3)(A).
(4) 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 (H) of paragraph (2),
including a corporation that is incorporated in a
country described in any of those subparagraphs.
(5) Associated individual.--The term ``associated
individual'' means an alien who is a national of a country
described in any of subparagraphs (A) through (H) of paragraph
(2).
(6) Center.--The term ``Center'' means the Advanced Reactor
Coordination and Resource Center established under section 11.
(7) Embarking civil nuclear energy nation.--The term
``embarking civil nuclear energy nation'' means a country
that--
(A) does not have a civil nuclear program;
(B) 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) nuclear liability; or
(vi) advanced nuclear reactor licensing; or
(C) is in the process of selecting, developing,
constructing, or utilizing advanced light water
reactors, advanced nuclear reactors, or advanced
nuclear technologies.
(8) High-assay low-enriched uranium.--The term ``high-assay
low-enriched uranium'' has the meaning given the term in
section 2001(d) of the Energy Act of 2020 (42 U.S.C. 16281(d)).
(9) Low-enriched uranium.--The term ``low-enriched
uranium'' 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))).
(10) National strategic uranium reserve.--The term
``National Strategic Uranium Reserve'' means the National
Strategic Uranium Reserve established under section
16(e)(1)(A).
(11) Nuclear safety.--The term ``nuclear safety'' means
issues relating to--
(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.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(13) 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).
(14) Team usa.--The term ``Team USA'' means the interagency
initiative to identify opportunities in emerging economies,
embarking civil nuclear energy nations, and ally or partner
nations for topics such as--
(A) nuclear plant construction;
(B) nuclear fuel services;
(C) nuclear energy financing;
(D) nuclear plant operations;
(E) nuclear plant regulation;
(F) nuclear medicine;
(G) infrastructure support for nuclear energy;
(H) nuclear plant decommissioning;
(I) nuclear liability;
(J) storage and disposal of spent nuclear fuel; and
(K) technology related to the matters described in
subparagraphs (A) through (J).
(15) 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.
SEC. 3. CIVIL NUCLEAR COORDINATION AND STRATEGY.
(a) Office of the Assistant to the President and Director for
Nuclear Energy Policy.--
(1) Establishment.--There is established in the Executive
Office of the President an office, to be known as the ``Office
of the Assistant to the President and Director for Nuclear
Energy Policy'' (referred to in this subsection as the
``Office'').
(2) Mission.--The Office shall act as the single
coordinating office for--
(A) civil nuclear cooperation; and
(B) civil nuclear export strategy.
(3) Leadership.--
(A) Assistant.--
(i) In general.--The Office shall be headed
by the Assistant to the President and Director
for Nuclear Energy Policy, who shall be
appointed by the President.
(ii) Reporting.--The Assistant shall report
directly to the President.
(B) Deputy assistant.--
(i) In general.--The Assistant shall
appoint a Deputy Assistant with experience in
advising on civil nuclear project development
and financing.
(ii) Reporting.--The Deputy Assistant shall
report directly to the Assistant.
(4) Duties.--
(A) In general.--The Assistant, in consultation
with the Deputy Assistant, shall--
(i) coordinate the civil nuclear export
policy of the United States;
(ii) develop 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, associated
individuals, and international lending
institutions with respect to civil nuclear
exports;
(iii) coordinate with the officials
described in subparagraph (B) 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 foreign investment
in domestic construction projects.
(B) Officials described.--The officials referred to
in subparagraph (A)(iii) are--
(i) the appropriate officials of--
(I) the Department of State;
(II) the Department of Energy;
(III) the Department of Commerce;
(IV) the Nuclear Regulatory
Commission;
(V) the Department of Defense;
(VI) the National Security Council;
(VII) the National Economic
Council;
(VIII) the Office of the United
States Trade Representative;
(IX) the Office of Management and
Budget;
(X) the Office of the Director of
National Intelligence;
(XI) the Export-Import Bank of the
United States;
(XII) the United States
International Development Finance
Corporation;
(XIII) the United States Trade and
Development Agency; and
(XIV) the Office of Science and
Technology Policy; and
(ii) 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, in
consultation with the Deputy Assistant
and the officials described in clause
(i), determines to be appropriate.
(5) Staff.--
(A) Senior advisors.--
(i) In general.--The Assistant shall select
a staff of not fewer than 4, and not more than
6, Senior Advisors to assist in the mission of
the Office.
(ii) Requirement.--The Senior Advisors
selected under clause (i) shall be composed of
individuals with diverse industry and
government backgrounds, including individuals
with backgrounds in--
(I) project financing;
(II) construction development and
management;
(III) contract structuring, risk
allocation, and nuclear liability;
(IV) regulatory, licensing, and
safeguards processes;
(V) civil nuclear electric and
nonelectric applications of nuclear
technologies;
(VI) government-to-government
negotiations;
(VII) social acceptance and
environmental justice;
(VIII) human infrastructure
development;
(IX) major project development;
(X) international infrastructure
financing; and
(XI) nuclear safety and security
requirements.
(B) Other staff.--The Assistant may hire such other
additional personnel as may be necessary to carry out
the mission of the Office.
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000 for
each of fiscal years 2023 through 2027.
(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;
(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; and
(C) any senior-level Federal official selected by
the Assistant from any Federal agency or organization.
(3) Reporting.--The working group shall report to the
Assistant.
(4) Duties.--The working group shall--
(A) provide direction and advice to the Assistant;
and
(B) 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.
SEC. 4. ENGAGEMENT WITH ALLY OR PARTNER NATIONS.
(a) In General.--The Secretary of State, in coordination with the
Secretary, the Nuclear Regulatory Commission, Team USA, and the
Assistant, shall launch, in accordance with applicable nuclear
technology export laws (including regulations), an international
initiative to modernize the civil nuclear outreach carried out by the
United States for the purpose of establishing cooperative financing
relationships for the export of civil nuclear technology, components,
materials, and infrastructure to countries in the coalition described
in subsection (b).
(b) Coalition Described.--The coalition referred to in subsection
(a) is a coalition of countries that--
(1) is developed for purposes of carrying out the
initiative described in subsection (a); and
(2) includes each ally or partner nation that is willing to
participate in the coalition.
(c) Activities.--In carrying out the initiative described in
subsection (a), the Secretary of State shall--
(1) assist nongovernmental organizations and appropriate
offices, administrations, agencies, laboratories, and programs
of the Department of Energy 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) expand outreach by the Assistant to the private
investment community to create public-private financing
relationships to assist in the export of civil nuclear
technology to countries in the coalition described in
subsection (b);
(4) seek to 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 International Atomic Energy Agency;
(E) the Nuclear 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 regulatory framework to allow for the
expeditious exporting and importing of civil nuclear
technologies and materials.
SEC. 5. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR PARTNER
NATIONS AND EMBARKING CIVIL NUCLEAR ENERGY NATIONS.
(a) In General.--The Secretary, the Secretary of State, the
Secretary of Commerce, the President of the Export-Import Bank of the
United States, and the Chief Executive Officer of the United States
International Development Finance Corporation, in coordination with the
Assistant, shall develop cooperative financing relationships with ally
or partner nations or embarking civil nuclear energy nations to advance
civil nuclear exports from the United States to ally or partner nations
or 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
Secretary, the Secretary of State, the Secretary of Commerce,
the President of the Export-Import Bank of the United States,
and the Chief Executive Officer of the United States
International Development Finance Corporation shall consider
the impact of United States competitiveness clauses on any
cooperative 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 cooperative financing relationships with ally or
partner nations or embarking civil nuclear energy nations under
subsection (a).
SEC. 6. FAST-TRACK PROCEDURES AND EXPORT CONTROLS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall promulgate a regulation revising part 810 of title
10, Code of Federal Regulations, to establish fast-track procedures for
obtaining specific authorizations for exports, which may be similar to
existing fast-track procedures in existing Federal export-control
regulations--
(1) for deemed exports to--
(A) a list of countries defined by the Secretary;
(B) a list of countries defined by the Secretary of
State;
(C) a list of countries defined by the Secretary of
the Treasury;
(D) a list of countries defined by the Secretary of
Commerce; or
(E) destinations based on country criteria defined
by the Secretary; or
(2) for widely deployed technologies available from
multiple suppliers, such as light water reactor technology.
SEC. 7. COOPERATION WITH ALLY OR PARTNER NATIONS ON ADVANCED NUCLEAR
REACTOR DEMONSTRATION AND COOPERATIVE RESEARCH
FACILITIES.
(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, the Secretary of Commerce, and the Assistant, 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.
(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, the Secretary of Commerce, and the Assistant, 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.
SEC. 8. INTERNATIONAL 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 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 United States
reactors, fuel, equipment, services, and technology in nuclear
energy programs outside the United States through--
``(A) bilateral and multilateral arrangements that
contain commitments for the utilization of United
States reactors, fuel, equipment, services, and
technology;
``(B) the designation of 1 or more U.S. nuclear
energy companies (as defined in section 2 of the
International Nuclear Energy Act of 2022) 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 carried out--
``(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 2022 through 2026.''.
SEC. 9. 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, shall launch an international initiative
(referred to in this section as the ``initiative'') to provide grants,
in accordance with this section--
(1) to embarking civil nuclear energy nations for
activities relating to the development of civil nuclear
programs; and
(2) to ally or partner nations for the construction of
nuclear reactors and advanced nuclear reactors.
(b) Grants.--
(1) In general.--In carrying out the initiative, the
Secretary of State, in coordination with the Secretary and the
Assistant, may award not more than 1 grant to each country,
including each embarking civil nuclear energy nation, each
fiscal year.
(2) Amount.--The amount of a grant awarded under the
initiative shall be not more than $5,500,000.
(3) Limitation.--The Secretary of State, in coordination
with the Secretary and the Assistant, may award not more than a
total of 5 grants under the initiative to a single country,
including each 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, shall provide a grant to an embarking civil nuclear
energy nation with the option for 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 seek 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:
(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.
(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.
SEC. 10. BIENNIAL NUCLEAR SAFETY, SECURITY, SAFEGUARDS, AND
SUSTAINABILITY SUMMIT.
(a) In General.--The Secretary, the Secretary of State, the
Secretary of Defense, the Secretary of Commerce, the Nuclear Regulatory
Commission, and the Assistant shall hold a biennial nuclear safety,
security, safeguards, and sustainability summit (referred to in this
section as a ``summit''), the first of which shall be held on the date
that is 180 days after the date of enactment of this Act.
(b) Location.--Each summit shall be held in--
(1) Washington, DC; or
(2) a country described in any of subparagraphs (A) through
(H) of section 2(2).
(c) Requirement.--Each summit shall--
(1) be a forum in which leaders of ally or partner nations
may engage with each other for the purpose of reinforcing the
commitment to nuclear safety, security, safeguards, and
sustainability; and
(2) facilitate the development of--
(A) joint commitments and goals to improve nuclear
safety, security, safeguards, and sustainability;
(B) stronger international institutions that
support nuclear safety, security, safeguards, and
sustainability; and
(C) a global nuclear liability regime.
(d) Input From Industry and Government.--Each summit shall 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.
(e) Report.--
(1) In general.--Not later than 120 days after the end of
each summit, the Secretary, the Secretary of State, the
Secretary of Defense, the Secretary of Commerce, the Nuclear
Regulatory Commission, and the Assistant shall jointly submit
to Congress a report highlighting--
(A) any commitments made by the United States or
international partners of the United States, including
an ally or partner nation, with respect to nuclear
safety, security, safeguards, or sustainability; and
(B) the objectives that the parties to those
commitments agreed to meet.
(2) Requirement.--The report under paragraph (1) shall
detail--
(A) any current and continuing nuclear security
threat;
(B) any progress made toward advancing nuclear
security-related treaties;
(C) any steps taken or needed to be taken--
(i) to fulfill any obligations of the
United States under existing nuclear security
and safeguard treaties;
(ii) to manage cyber threats; or
(iii) to prevent the theft, sabotage, and
illicit trafficking of nuclear materials,
facilities, and technology, as applicable;
(D) the role of the nuclear industry in preventing
nuclear proliferation; and
(E) any other topics discussed during the summit
that relate to nuclear safety, security, safeguards, or
sustainability.
SEC. 11. ADVANCED REACTOR COORDINATION AND RESOURCE CENTER.
The Secretary, in coordination with the Secretary of State, the
Secretary of Commerce, the Chairman of the Nuclear Regulatory
Commission, the President of the Export-Import Bank of the United
States, and the Chief Executive Officer of the United States
International Development Finance Corporation, shall establish a
center, to be known as the ``Advanced Reactor Coordination and Resource
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.
SEC. 12. BIENNIAL CIVIL NUCLEAR VENDOR SUMMIT.
(a) In General.--The Secretary, the Secretary of State, the
Secretary of Commerce, the President of the Export-Import Bank of the
United States, the Chief Executive Officer of the United States
International Development Finance Corporation, and the Assistant shall
hold a biennial civil nuclear vendor summit (referred to in this
section as a ``summit''), the first of which shall be held on the date
that is 180 days after the date of enactment of this Act.
(b) Location.--Each summit shall be held in--
(1) Washington, DC; or
(2) a country described in any of subparagraphs (A) through
(H) of section 2(2).
(c) Requirement.--Each summit shall--
(1) be a forum in which leaders of ally or partner nations
may engage with each other for the purpose of promoting the
peaceful, responsible, and safe use of civil nuclear
technologies; and
(2) facilitate--
(A) the development of--
(i) cooperative financing relationships to
promote competitive alternatives to Chinese and
Russian financing;
(ii) a standardized financing and project
management framework for the construction of
nuclear power plants;
(iii) a standardized licensing framework
for civil nuclear technologies;
(iv) a strategy to change internal policies
of multinational development banks, such as the
World Bank, to support the financing of civil
nuclear projects;
(v) 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 nuclear power,
including any detrimental outcomes resulting
from that partnership; and
(vi) a global nuclear liability regime;
(B) cooperation for enhancing the overall aspects
of civil nuclear power, such as--
(i) nuclear safety, security, and
safeguards;
(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 11.
(d) Report.--
(1) In general.--Not later than 120 days after the end of
each summit, the Secretary, the Secretary of State, the
Secretary of Commerce, the President of the Export-Import Bank
of the United States, the Chief Executive Officer of the United
States International Development Finance Corporation, and the
Assistant shall jointly submit to Congress a report
highlighting--
(A) any commitments made by the United States or
international partners of the United States, including
an ally or partner nation, with respect to
international civil nuclear export practices; and
(B) the objectives that the parties to those
commitments agreed to meet.
(2) Requirement.--The report under paragraph (1) shall
detail--
(A) any steps taken to establish common financing
relationships;
(B) any progress made toward establishing a
standardized financing, project management, and
licensing framework;
(C) any changes to the internal policies of
multinational development banks, such as the World
Bank, to support civil nuclear projects;
(D) any steps taken or needed to be taken--
(i) to rectify any obstacles that were
identified after the applicable civil nuclear
vendor summit but were unforeseen at the time
of, and not discussed at, that summit;
(ii) to enable early-stage day-to-day
support of embarking civil nuclear energy
nations;
(iii) to address any gaps in the whole-of-
government approach to international civil
nuclear cooperation, exports, and investment
developed by the Assistant; or
(iv) to improve the role of the Assistant
in international outreach;
(E) the role of the nuclear industry in
establishing cooperative relationships; and
(F) the competitiveness of available United States
financing packages for civil nuclear exports, relative
to international competitors.
SEC. 13. 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 the Assistant; 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 Assistant 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 Assistant 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.
SEC. 14. 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''.
SEC. 15. MODIFICATION OF POWERS AND FUNCTIONS OF THE EXPORT-IMPORT BANK
OF THE UNITED STATES.
(a) Modification of Prohibition on Financing.--Section 2(b)(5) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(5)) is amended, in
the first sentence, by striking ``any liquid metal fast breeder nuclear
reactor or''.
(b) Expansion of Program on Transformational Exports.--
(1) In general.--Section 2(l) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635(l)) is amended--
(A) in the subsection heading, by striking ``China
and'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``The Bank shall
establish a Program on China and'' and
inserting ``Notwithstanding the
Arrangement, the Bank shall establish a
Program on'';
(II) by striking ``conditions,''
and inserting ``conditions that, in the
judgement of the Board of Directors of
the Bank, offer sufficient likelihood
of repayment to justify the loan,
guarantee, or insurance, as
applicable,''; and
(III) by striking ``by the People's
Republic of China or'';
(ii) in subparagraph (A), by striking ``by
the People's Republic of China or''; and
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``the People's
Republic of China'' and inserting
``covered countries'';
(II) by redesignating clauses
(viii) through (xi) as clauses (ix)
through (xii), respectively; and
(III) by inserting after clause
(vii) the following:
``(viii) Civil nuclear facilities,
material, technologies, and related goods and
services that support the development of an
effective nuclear energy sector.'';
(C) by striking paragraph (2);
(D) by redesignating paragraph (3) as paragraph
(2);
(E) in paragraph (2), as so redesignated--
(i) in subparagraph (A), by striking
``China and'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``the People's
Republic of China is'' and inserting
``the People's Republic of China and
the Russian Federation are''; and
(II) in clause (i), by striking ``;
and'' and inserting ``; or'';
(iii) in subparagraph (C)--
(I) in the subparagraph heading, by
striking ``Sunset and'';
(II) by striking the first
sentence; and
(III) by striking ``4 years after
enactment of this subsection'' and
inserting ``December 20, 2023''; and
(iv) in subparagraph (D), by striking
``China and''; and
(F) by adding at the end the following:
``(3) Sunset.--The Program on Transformational Exports
shall expire on December 31, 2026.
``(4) Definitions.--In this subsection:
``(A) Arrangement.--The term `Arrangement' means
the Arrangement on Officially Supported Export Credits
of the Organization for Economic Cooperation and
Development.
``(B) Covered country.--The term `covered country'
means--
``(i) the People's Republic of China;
``(ii) the Russian Federation; or
``(iii) any country that--
``(I) the Secretary of the Treasury
designates as a covered country in a
report to the Committee on Banking,
Housing, and Urban Development of the
Senate and the Committee on Financial
Services of the House of
Representatives;
``(II) is not a participant in the
Arrangement; and
``(III) is not in substantial
compliance with the financial terms and
conditions of the Arrangement.''.
(2) Conforming amendment.--Section 8(l) of the Export-
Import Bank Act of 1945 (12 U.S.C. 635g(l)) is amended--
(A) in the subsection heading, by striking ``Under
the'' and all that follows through ``Exports'' and
inserting ``Under the Program on Transformational
Exports''; and
(B) by striking ``China and''.
(c) Reporting on Financing Related to People's Republic of China
and Russian Federation.--Section 408 of title IV of division I of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 12
U.S.C. 635 note) is amended--
(1) in the section heading, by striking ``china'' and
inserting ``the people's republic of china and the russian
federation'';
(2) in subsection (a), in the matter preceding paragraph
(1), by striking ``the government of China'' and inserting
``the Government of the People's Republic of China or the
Government of the Russian Federation'';
(3) in subsection (c)(1)(C), by striking ``the government
of China'' and inserting ``the Government of the People's
Republic of China or the Government of the Russian
Federation'';
(4) by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section:
``(1) Government of the people's republic of china.--The
term `Government of the People's Republic of China' means any
person that the Bank has reason to believe is--
``(A) the state and the Government of the People's
Republic of China, as well as any political
subdivision, agency, or instrumentality thereof;
``(B) any entity controlled, directly or
indirectly, by any of the foregoing, including any
partnership, association, or other entity in which any
of the foregoing owns a 50 percent or greater interest
or a controlling interest, and any entity which is
otherwise controlled by any of the foregoing;
``(C) any person that is or has been acting or
purporting to act, directly or indirectly, for or on
behalf of any of the foregoing; and
``(D) any other person which the Secretary of the
Treasury has notified the Bank is included in any of
the foregoing.
``(2) Government of the russian federation.--The term
`Government of the Russian Federation' means any person that
the Bank has reason to believe is--
``(A) the state and the Government of the Russian
Federation, as well as any political subdivision,
agency, or instrumentality thereof;
``(B) any entity controlled, directly or
indirectly, by any of the foregoing, including any
partnership, association, or other entity in which any
of the foregoing owns a 50 percent or greater interest
or a controlling interest, and any entity which is
otherwise controlled by any of the foregoing;
``(C) any person that is or has been acting or
purporting to act, directly or indirectly, for or on
behalf of any of the foregoing; and
``(D) any other person which the Secretary of the
Treasury has notified the Bank is included in any of
the foregoing.''; and
(5) in subsection (e)(2), in the matter preceding
subparagraph (A), by striking ``China is'' and inserting ``the
People's Republic of China and the Russian Federation are''.
SEC. 16. U.S. NUCLEAR FUELS SECURITY INITIATIVE TO REDUCE RELIANCE ON
NUCLEAR FUELS FROM RUSSIA AND CHINA.
(a) Objectives.--The objectives of this section are--
(1) to expeditiously increase domestic production of low-
enriched uranium (referred to in this section as ``LEU'') by an
annual amount determined by the Secretary to be appropriate to
reduce the reliance of the United States and ally or partner
nations on nuclear fuels from--
(A) the Russian Federation; and
(B) the People's Republic of China;
(2) to expeditiously increase domestic production of high-
assay low-enriched uranium (referred to in this section as
``HALEU'') by an annual amount determined by the Secretary to
be sufficient to meet the needs of the consortium established
under section 2001(a)(2)(F) of the Energy Policy Act of 2020
(42 U.S.C. 16281(a)(2)(F));
(3) to ensure the availability of domestically produced and
converted uranium in an amount determined by the Secretary to
be sufficient to address a reasonably anticipated supply
disruption;
(4) to promote the domestic production, conversion, and
enrichment of uranium; and
(5) to promote the deployment of United States uranium
enrichment technology.
(b) Definition of Programs.--In this section, the term ``Programs''
means--
(1) the Nuclear Fuel Security Program established under
subsection (c)(1);
(2) the National Strategic Uranium Reserve Program
established under subsection (c)(2); and
(3) the American Assured Fuel Supply Program of the
Department of Energy.
(c) Establishment.--The Secretary, consistent with the objectives
described in subsection (a), shall establish--
(1) a program, to be known as the ``Nuclear Fuel Security
Program'', to reduce 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 by increasing the amounts of
LEU and HALEU produced by U.S. nuclear energy companies; and
(2) a program, to be known as the ``National Strategic
Uranium Reserve Program'', to ensure the availability of
domestically produced and converted uranium in the event of a
supply disruption.
(d) Nuclear Fuel Security Program.--In carrying out the Nuclear
Fuel Security Program, the Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, select 1 or more U.S. nuclear energy companies to
produce LEU in amounts and timeframes specified by the
Secretary;
(2) not later than 1 year after the date of enactment of
this Act, select 1 or more U.S. nuclear energy companies to
produce HALEU in amounts and timeframes specified by the
Secretary;
(3) utilize only uranium produced and converted in the
United States or a country described in any of subparagraphs
(A) through (H) of section 2(2);
(4) coordinate the operations of the Nuclear Fuel Security
Program and the National Strategic Uranium Reserve Program as
the Secretary determines to be appropriate; and
(5) take other actions that the Secretary determines to be
necessary or appropriate to reduce 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.
(e) National Strategic Uranium Reserve Program.--
(1) In general.--In carrying out the National Strategic
Uranium Reserve Program, the Secretary shall--
(A) immediately on enactment of this Act, use the
funds reallocated by paragraph (2) to initiate the
establishment of a National Strategic Uranium Reserve;
(B) make the National Strategic Uranium Reserve
operational by acquiring uranium in amounts and
timeframes specified by the Secretary;
(C) maintain, replenish, or increase the amount of
uranium in the National Strategic Uranium Reserve in a
manner determined by the Secretary to be consistent
with the objectives described in subsection (a);
(D) utilize only uranium produced and converted in
the United States;
(E) make uranium available from the National
Strategic Uranium Reserve, subject to terms and
conditions determined by the Secretary to be reasonable
and appropriate;
(F) coordinate the operations of the Nuclear Fuel
Security Program and the National Strategic Uranium
Reserve Program as the Secretary determines to be
appropriate; and
(G) take other actions that the Secretary
determines to be necessary or appropriate to address a
uranium supply disruption.
(2) Reallocation.--Notwithstanding any other provision of
law, amounts made available to the National Nuclear Security
Administration for the Uranium Reserve Program by, and
described in the first proviso in, the matter under the heading
``Weapons Activities'' under the heading ``NATIONAL NUCLEAR
SECURITY ADMINISTRATION'' under the heading ``ATOMIC ENERGY
DEFENSE ACTIVITIES'' in title III of division D of the
Consolidated Appropriations Act, 2021 (Public Law 116-260; 134
Stat. 1369), that remain available as of the date of enactment
of this Act shall be reallocated, as directed by the Secretary,
for the purpose of establishing and initiating operation of the
National Strategic Uranium Reserve by--
(A) continuing the activities initiated by the
National Nuclear Security Administration using the
amounts described in that proviso;
(B) carrying out other activities consistent with
the purposes for which those amounts were made
available under that Act; and
(C) carrying out activities in accordance with the
objectives described in subsection (a).
(f) Continuation of the American Assured Fuel Supply Program.--In
carrying out the American Assured Fuel Supply Program, the Secretary
shall--
(1) maintain, replenish, or increase the amount of uranium
in the National Strategic Uranium Reserve in a manner
determined by the Secretary to be consistent with the purposes
of that program and the objectives described in subsection (a);
(2) make uranium available from the American Assured Fuel
Supply, subject to terms and conditions determined by the
Secretary to be reasonable and appropriate;
(3) coordinate the operations of the National Strategic
Uranium Reserve Program and the American Assured Fuel Supply
Program as the Secretary determines to be appropriate;
(4) if determined by the Secretary to be appropriate and
consistent with the objectives described in subsection (a),
merge the operations of the National Strategic Uranium Reserve
Program and the American Assured Fuel Supply Program; and
(5) take other actions that the Secretary determines to be
necessary or appropriate to address the purposes of the
American Assured Fuel Supply Program and the objectives
described in subsection (a).
(g) Authority.--
(1) In general.--In carrying out the Programs, the
Secretary, in coordination with the Secretary of State, 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.
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, in the same manner as the Secretary
of Defense under section 4021 of title 10, United
States Code (other than subsections (b) and (f) of that
section);
(B) 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 (a) in an
expeditious manner;
(C)(i) establish milestones for achieving specified
objectives, including the production of LEU and HALEU
in amounts and timeframes specified by the Secretary;
and
(ii) provide awards and other forms of incentives
for meeting those milestones;
(D) provide loan guarantees, other financial
assistance, or assistance in the form of revenue
guarantees or similar mechanisms;
(E) charge an amount for the provision of uranium,
conversion services, enrichment services, LEU, HALEU,
and other goods and services that, in the opinion of
the Secretary, provides reasonable compensation, taking
into account fair market value and the objectives
described in subsection (a); and
(F) notwithstanding section 3302 of title 31,
United States Code--
(i) receive and retain revenues from the
sale or transfer of uranium, LEU, or HALEU and
from other activities related to the Programs;
and
(ii) expend those revenues for purposes
related to the program from which the revenues
are derived.
(2) Availability of funds.--The revenues described in
paragraph (1)(F) shall remain available until expended.
(h) 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; 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 (H) of section 2(2)
by--
(I) a U.S. nuclear energy company;
(II) an ally or partner nation; or
(III) an associated entity.
(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 (a).
(i) 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.
(j) 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.
(k) 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.''.
(l) 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; and
(2) for the National Strategic Uranium Reserve Program and
the American Assured Fuel Supply Program, such sums as are
necessary for the period of fiscal years 2023 through 2030, to
remain available until September 30, 2031.
<all>