118 HR 3486 IH: Recoup American Nuclear Global Leadership Act
U.S. House of Representatives
2023-05-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 3486
IN THE HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. Donalds introduced the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To exert American nuclear leadership by establishing global relationships and facilitating civil nuclear trade strategies with embarking nuclear nations, and for other purposes.
1.

Short title
This Act may be cited as the “Recoup American Nuclear Global Leadership Act”.
2.

Civil nuclear coordination and strategy
(a)

White House focal point on civil nuclear 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 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 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 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 coordinate, not less frequently than quarterly, with the Civil Nuclear Trade Advisory Committee of the Department of Commerce, the Nuclear Energy Advisory Committee of the Department of Energy, and other advisory or stakeholder groups, as necessary, to maintain an accurate and up-to-date knowledge of the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 10-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.
3.

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 civil nuclear outreach to embarking civil nuclear nations in order to improve the efficient and effective exporting and importing of civil nuclear technologies and materials.
(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 2(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 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 nations for nuclear safety, security, and safeguards;
(3)
coordinate the work of the Chief Executive Officer of the United States International Development Finance Corporation and the Export-Import Bank of the United States to expand outreach to the private investment community to create public-private financing relationships to assist in the adoption of civil nuclear technologies by embarking civil nuclear nations, including through exports from the United States; and
(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 nations and ally or partner nations.
4.

Cooperative financing relationships with ally or partner nations and embarking civil nuclear 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 2(a)(2) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to assist in the adoption of civil nuclear technologies exported from the United States or ally or partner nations to embarking civil nuclear 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).
5.

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 energy security and climate change; 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.
6.

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 coordination 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 7 of the Recoup American Nuclear Global Leadership Act) 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 be supported in consultation with the Secretary of State and implemented by the Secretary—
(1)
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—
(A)
training;
(B)
financing;
(C)
safety;
(D)
security;
(E)
safeguards;
(F)
liability;
(G)
advanced fuels;
(H)
operations; and
(I)
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
(2)
in coordination with—
(A)
the National Security Council;
(B)
the Secretary of State;
(C)
the Secretary of Commerce; and
(D)
the Nuclear Regulatory Commission.”.
7.

Definitions
In this Act:
(1)

Advanced nuclear reactor
The term advanced nuclear reactor means—
(A)
a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to reactors operating on October 19, 2016, including improvements such as—
(i)
additional inherent safety features;
(ii)
lower waste yields;
(iii)
improved fuel and material performance;
(iv)
increased tolerance to loss of fuel cooling;
(v)
enhanced reliability or improved resilience;
(vi)
increased proliferation resistance;
(vii)
increased thermal efficiency;
(viii)
reduced consumption of cooling water and other environmental impacts;
(ix)
the ability to integrate into electric applications and nonelectric applications;
(x)
modular sizes to allow for deployment that corresponds with the demand for electricity or process heat; and
(xi)
operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage;
(B)
a fusion reactor; and
(C)
a radioisotope power system that utilizes heat from radioactive decay to generate energy.
(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 2(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 nation
(A)

In general
The term embarking civil nuclear nation means a country that—
(i)
does not have a civil nuclear energy program;
(ii)
is in the process of developing or expanding a civil nuclear energy 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)
had an annual per capita gross domestic product of not more than $28,000 in 2020.
(B)

Exclusions
The term embarking civil nuclear 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;
(ix)
Burma; or
(x)
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 provides reasonable assurance of adequate protection for 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.