[Congressional Record Volume 167, Number 90 (Monday, May 24, 2021)]
[Senate]
[Pages S3344-S3348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1930. Mr. MANCHIN (for himself and Mr. Cramer) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Schumer to the bill S. 1260, to establish a new Directorate for
Technology and Innovation in the National Science Foundation, to
establish a regional technology hub program, to require a strategy and
report on economic security, science, research, innovation,
manufacturing, and job creation, to establish a critical supply chain
resiliency program, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of division F, add the following:
TITLE IV--INTERNATIONAL NUCLEAR ENERGY
SEC. 6401. DEFINITIONS.
In this title:
(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 title.
(3) 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.
(4) 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).
(5) Newcomer nuclear nation.--The term ``newcomer nuclear
nation'' means a country that--
(A) does not have a civil nuclear program;
(B) is in the process of developing a civil nuclear
program, including safeguards and a legal and regulatory
framework, for--
(i) nuclear safety;
(ii) nuclear security;
(iii) radioactive waste management; and
(iv) nuclear energy; or
(C) is in the process of selecting, developing,
constructing, or utilizing advanced nuclear reactors or
advanced nuclear technologies.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Special assistant.--The term ``Special Assistant''
means the Special Assistant to the President and Director for
Nuclear Energy Policy described in section 6402(a)(3)(A).
(8) Team usa.--The term ``Team USA'' means the interagency
initiative to identify opportunities in emerging economies or
newcomer nuclear 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; and
(H) nuclear plant decommissioning.
(9) US nuclear energy company.--The term ``US nuclear
energy company'' means a nuclear energy company organized
under the laws of, or otherwise subject to the jurisdiction
of, the United States.
SEC. 6402. CIVIL NUCLEAR COORDINATION AND STRATEGY.
(a) Office of the Special 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 Special 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) Special assistant.--
(i) In general.--The Office shall be headed by the Special
Assistant to the President and Director for Nuclear Energy
Policy, who shall be appointed by the President.
(ii) Reporting.--The Special Assistant shall report
directly to the President.
(iii) Duties.--The Special Assistant shall--
(I) coordinate civil nuclear exports from the United
States;
(II) develop a cohesive Federal strategy for engagement
with foreign governments (including ally or partner nations
and newcomer nuclear nations), associated entities,
associated individuals, and international lending
institutions with respect to civil nuclear exports; and
(III) develop--
(aa) a whole-of-government coordinating strategy for civil
nuclear cooperation;
(bb) a whole-of-government strategy for civil nuclear
exports; and
(cc) a whole-of-government approach to support foreign
investment in domestic construction projects.
(B) Deputy special assistant.--The Special Assistant shall
appoint a Deputy Special Assistant with experience in
advising on civil nuclear project development and financing.
(4) Staff.--
(A) Senior advisors.--
(i) In general.--The Special 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;
(III) contract structuring and risk allocation;
(IV) regulatory and licensing processes;
(V) civil nuclear electric and nonelectric applications of
nuclear technologies; and
(VI) government-to-government negotiations.
(B) Other staff.--The Special Assistant may hire such other
additional personnel as may be necessary to carry out the
mission of the Office.
(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'').
[[Page S3345]]
(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; and
(vii) the Nuclear Regulatory Commission;
(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
Special Assistant from any Federal agency or organization.
(3) Reporting.--The working group shall report to the
Special Assistant.
(4) Duties.--The working group shall--
(A) provide direction and advice to the Special Assistant;
and
(B) submit to the Civil Nuclear Trade Advisory Committee
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 5-
year civil nuclear trade strategy, including targets for the
export of civil nuclear technologies and materials 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) representatives of the Infrastructure Development and
Finance Corporation;
(viii) representatives of private industry; and
(ix) representatives of ally or partner nations and
newcomer nuclear nations.
SEC. 6403. ENGAGEMENT WITH ALLY OR PARTNER NATIONS.
(a) In General.--The Nuclear Regulatory Commission, in
coordination with the Secretary of State, Team USA, and the
Special Assistant, shall launch 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 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 Nuclear Regulatory Commission shall--
(1) provide funding to the International Atomic Energy
Agency to provide education and training to foreign
governments in nuclear safety, security, and safeguards;
(2) assist the efforts of the International Atomic Energy
Agency to expand the support provided by the International
Atomic Energy Agency to newcomer nuclear nations for nuclear
safety, security, and safeguards;
(3) expand outreach by the Special 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 harmonize, to the maximum extent practicable,
the work carried out by the Nuclear Regulatory Commission,
the work carried out by the International Atomic Energy
Agency, and the work carried out by the nuclear regulatory
agencies and organizations of newcomer nuclear nations and
ally or partner nations; and
(5) support the establishment of new regulatory measures
and a new regulatory framework for the expeditious exporting
and importing of civil nuclear technologies and materials.
SEC. 6404. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR
PARTNER NATIONS.
The Secretary of State and the Secretary of Commerce, in
coordination with the Special Assistant, shall develop
cooperative financing relationships with ally or partner
nations or newcomer nuclear nations to advance civil nuclear
exports.
SEC. 6405. EXPORT CONTROLS.
(a) Fast-track Procedures.--
(1) In general.--Not later than 120 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, which may be
similar to existing fast-track procedures in existing Federal
export-control regulations--
(A) for deemed exports to--
(i) a list of countries defined by the Secretary; or
(ii) destinations based on country criteria defined by the
Secretary;
(B) for widely deployed technologies available from
multiple suppliers, such as light water reactor technology;
or
(C) to provide subsequent specific authorizations for a
subset of the activities described in section 810.2 of that
title with respect to a country after the first specific
authorization with respect to that country is approved by the
Secretary.
(2) Subsequent authorizations.--Fast-track procedures to
provide subsequent specific authorizations as described in
paragraph (1)(C) may be for--
(A) types of activities that are commensurate with the
types of activities covered by the applicable first specific
authorization described in that paragraph; or
(B) a broader set of activities than the activities covered
by the applicable first specific authorization.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on--
(A) the processing times for applications for specific
authorization submitted to the Secretary for activities
described in section 810.7 of title 10, Code of Federal
Regulations, for the 2-year period ending on that date of
enactment; and
(B) the average time taken for each step in the processing
of those applications.
(2) Requirements.--
(A) Authorization categories.--The report under paragraph
(1) shall contain a breakdown of the information described in
that paragraph by the following categories of specific
authorizations:
(i) Deemed exports.
(ii) Enrichment and reprocessing transfers (also referred
to as ``ENR'').
(iii) All other exports.
(B) Dates.--The report under paragraph (1) shall include,
with respect to each application covered by the report, the
amount of time taken for each step in the processing of the
application.
(C) Analysis of other countries.--The report under
paragraph (1) shall provide an analysis of the application-
processing times of other countries with respect to the same
or similar categories of authorizations described in
subparagraph (A), including the processing times of--
(i) the Governments of--
(I) Russia;
(II) China; and
(III) India; and
(ii) each ally or partner nation.
(D) Processing.--The report under subparagraph (A) shall
provide details with respect to how the Department of Energy
is handling the processing of applications for a specific
authorization submitted to the Secretary under section 810.9
of title 10, Code of Federal Regulations (or successor
regulations), in light of the August 13, 2018, amendment to
section 161 n. of the Atomic Energy Act of 1954 (42 U.S.C.
2201(n)) made by section 3116(a) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2291), including whether any
changes in the delegation of functions by the Secretary have
been formalized within the Department of Energy.
SEC. 6406. COOPERATION WITH ALLY OR PARTNER NATIONS ON
ADVANCED NUCLEAR REACTOR DEMONSTRATION AND THE
VERSATILE TEST REACTOR.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with
the Secretary of State, the Secretary of Commerce, and the
Special 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, 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 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 Versatile Test Reactor.
(c) Financing Arrangements.--In conducting the meetings
described in subsection (a), the Secretary, in coordination
with the Secretary of State, the Secretary of Commerce, and
the Special Assistant, shall seek to develop financing
arrangements to share the costs of the demonstration and
deployment of advanced nuclear reactors and the Versatile
Test Reactor with the ally or partner nations participating
in those meetings.
(d) Report.--Not later than 180 days 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
[[Page S3346]]
(2) with which the United States may enter into agreements
with respect to--
(A) the demonstration of advanced nuclear reactors; or
(B) the Versatile Test Reactor.
SEC. 6407. 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 ``; and''; 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 Russia or China.''; 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) operations; and
``(vii) 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. 6408. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Special Assistant shall launch an
international initiative (referred to in this section as the
``initiative'') to provide grants, in accordance with this
section--
(1) to newcomer nuclear nations for activities relating to
the development of civil nuclear programs; and
(2) to countries that are not newcomer nuclear nations for
the construction of nuclear reactors and advanced nuclear
reactors.
(b) Grants.--
(1) In general.--In carrying out the initiative, the
Special Assistant may award not more than 1 grant to each
country, including each newcomer nuclear nation, each fiscal
year.
(2) Amount.--The amount of a grant awarded under the
initiative shall be not more than $1,000,000.
(3) Limitations.--
(A) In general.--The Special Assistant may award not more
than 5 grants under the initiative to a single country,
including each newcomer nuclear nation.
(B) Purpose of certain grants.--The Special Assistant may
award a grant under the initiative to a country that is not a
newcomer nuclear nation if the grant is made for the purpose
of constructing a nuclear reactor or an advanced nuclear
reactor in that country.
(c) Senior Advisors.--
(1) In general.--In carrying out the initiative, the
Special Assistant shall provide a grant to a newcomer nuclear
nation only if the newcomer nuclear nation is interested in
partnering with, and agrees to partner with, a US nuclear
energy company to hire 1 or more qualified senior advisors to
assist the newcomer nuclear nation in establishing a civil
nuclear program.
(2) Requirement.--A senior advisor described in paragraph
(1) shall seek to advise the newcomer nuclear nation on, and
facilitate on behalf of the newcomer nuclear 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 light water and non-light water civil nuclear
technologies.
(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 and risk management.
(I) Technical assessments of nuclear reactors and
technologies.
(J) 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 to carry out the
initiative $20,000,000 for each of fiscal years 2022 through
2026.
SEC. 6409. BIENNIAL NUCLEAR SAFETY, SECURITY, AND SAFEGUARDS
SUMMIT.
(a) In General.--The Secretary, the Secretary of State, the
Secretary of Defense, the Secretary of Commerce, the Nuclear
Regulatory Commission, and the Special Assistant shall hold a
biennial nuclear safety, security, and safeguards summit
(referred to in this section as a ``summit'').
(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 6401(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, and safeguards; and
(2) facilitate the development of--
(A) joint commitments and goals to improve nuclear material
safety, security, and safeguards; and
(B) stronger international institutions that support
nuclear safety, security, and safeguards.
(d) Input From Industry.--Each summit shall include a
meeting that convenes nuclear industry leaders 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.
(e) Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, and 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 Special 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, or safeguards; 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 treaties;
(ii) to manage cyber threats; or
(iii) to prevent illicit trafficking of nuclear materials
and technology;
(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, and safeguards.
SEC. 6410. 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 Special Assistant shall hold a biennial civil nuclear
vendor summit.
(b) Location.--A civil nuclear vendor summit under
subsection (a) shall be held in--
(1) Washington, DC; or
(2) a country described in any of subparagraphs (A) through
(H) of section 6401(2).
(c) Requirement.--A civil nuclear vendor summit under
subsection (a) 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; and
(v) a document containing any lessons learned from
countries that have partnered with Russia or China with
respect to nuclear power, including any detrimental outcomes
resulting from that partnership;
(B) cooperation for enhancing the overall aspects of civil
nuclear power, such as--
[[Page S3347]]
(i) nuclear safety and security;
(ii) nuclear regulations;
(iii) waste management;
(iv) quality management systems;
(v) technology transfer;
(vi) human resources development;
(vii) localization;
(viii) reactor operations; and
(ix) decommissioning;
(C) the establishment of a ``Small Modular and Advanced
Reactor Coordination and Resource Center'' (referred to in
this paragraph as the ``Center'') for the purposes of--
(i) identifying qualified organizations and service
providers--
(I) for newcomer nuclear nations;
(II) to develop and assemble documents, contracts, and
related items required to establish a civil nuclear program;
and
(III) to develop a standardized model for the establishment
of a civil nuclear program that can be used internationally;
(ii) coordinating with countries participating in the
Center--
(I) to identify funds to support payment for services
required to develop a civil nuclear program;
(II) to provide market analysis; and
(III) to create--
(aa) project structure models;
(bb) models for electricity market analysis;
(cc) models for nonelectric applications market analysis;
and
(dd) financial models;
(iii) identifying and developing the safety, security,
safeguards, and nuclear governance required for a civil
nuclear program;
(iv) supporting multinational regulatory standards to be
developed by countries with civil nuclear programs and
experience;
(v) developing and strengthening communications,
engagement, and consensus-building;
(vi) 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;
(vii) developing mechanisms for how to fund and staff the
Center; and
(viii) determining mechanisms for the selection of the
location or locations of the Center; and
(D) the development and determination of the mechanisms
described in clauses (vii) and (viii) of subparagraph (C) by
the Center.
(d) Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, and 120 days after the end of each
civil nuclear vendor summit under subsection (a), the
Secretary, the Secretary of State, the Secretary of Commerce,
and the Special 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 newcomer
nuclear nations;
(iii) to address any gaps in the whole-of-government
approach to international civil nuclear cooperation, exports,
and investment developed by the Special Assistant; or
(iv) to improve the role of the Special Assistant in
international outreach; and
(E) the role of the nuclear industry in establishing
cooperative relationships.
SEC. 6411. 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 Special 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
Special 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 Special 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. 6412. 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. 6413. 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 ``China and''; and
(II) 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) in clause (vi), by striking ``Renewable'' and
inserting ``Clean'';
(III) by redesignating clauses (viii) through (xi) as
clauses (ix) through (xii), respectively; and
(IV) by inserting after clause (vii) the following:
``(viii) Civil nuclear material and technologies.'';
(C) by striking paragraph (2);
(D) by redesignating paragraph (3) as paragraph (2);
(E) in paragraph (2), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``20 percent'' and inserting ``30
percent''; and
(II) by striking ``China and'';
(ii) in subparagraph (B), in the matter preceding clause
(i)--
(I) by striking ``20 percent'' and inserting ``30
percent''; and
(II) by striking ``the People's Republic of China is'' and
inserting ``the People's Republic of China and the Russian
Federation are'';
(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'';
(iv) in subparagraph (D), by striking ``China and''; and
(v) by adding at the end the following:
``(E) Content policy.--Under the Program on
Transformational Exports, the Bank may provide loans,
guarantees, or insurance for
[[Page S3348]]
up to 100 percent of the value of a transaction if--
``(i) not less than 50 percent of the content of the goods
and services exported pursuant to the transaction are of
United States origin; and
``(ii) of the goods and services exported pursuant to the
transaction that are not of United States origin, not less
than 25 percent of the content of such goods and services
originates from other members countries of the Organization
for Economic Co-operation and Development.
``(F) Local cost policy.--If the Bank provides a loan,
guarantee, or insurance for the export to a country of United
States-origin goods or services under the Program on
Transformational Exports, the Bank may also support the
extension of loans, guarantees, or insurance for the purchase
of goods or services that originate in that country in amount
that does not exceed 50 percent of the value of the United
States-origin goods and services exported.
``(G) Shipping requirements of foreign-origin components.--
Foreign-origin components included in a transaction for which
the Bank provides a loan, guarantee, or insurance under the
Program on Transformational Exports are not required--
``(i) to be shipped from the United States; or
``(ii) to be shipped on United States-flagged merchant
marine vessels.''; 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 Co-operation and Development.
``(B) Clean energy, energy efficiency, and energy
storage.--The term `clean energy, energy efficiency, and
energy storage' includes the following:
``(i) Renewable energy systems.
``(ii) Hydrogen fuel cell technology for residential,
industrial, or transportation applications.
``(iii) Zero-emission aircraft.
``(iv) Advanced nuclear energy facilities.
``(v) Carbon capture, utilization, and sequestration
practices and technologies.
``(vi) Efficient electrical generation, transmission, and
distribution technologies.
``(vii) Pollution control equipment.
``(viii) Energy storage technologies for residential,
industrial, and transportation applications.
``(ix) Technologies and systems for reducing more potent
greenhouse gas pollutants, including methane leakage from
natural gas transmission and distribution infrastructure.
``(x) Manufacturing and deployment of nuclear supply
components for advanced nuclear reactors.
``(xi) System-level energy management solutions.
``(xii) Applications of platform technologies, including
data analytics, artificial intelligence, and other software
to improve the energy efficiency and effectiveness of energy
infrastructure, including electric grid operations.
``(xiii) Energy-water use efficiency in water resources
infrastructure and water-using technologies.
``(xiv) Carbon-capture ready combined cycle natural gas or
carbon-capture ready supercritical or ultra-supercritical
coal plants if deemed to be replacing non-supercritical coal
plants supplied by a covered country and in accordance with
the Arrangement.
``(xv) Battery electric vehicles.
``(xvi) Electric vehicle charging infrastructure.
``(xvii) Innovative technologies for improving the
resilience or reliability of existing energy infrastructure,
including innovative approaches to improve the cybersecurity
of energy technologies.
``(xviii) Innovative technologies for reducing greenhouse
emissions from industrial processes, including cement and
ammonia production.
``(xix) Any other projects that support innovative energy
technologies or provide an input or application for such
technologies.
``(C) 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 Financial Services of
the House of Representatives and the Committee on Banking,
Housing, and Urban Development of the Senate;
``(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) in the text, by striking ``China and''.
(c) Promotion of Clean Energy, Energy Efficiency, and
Energy Storage.--Section 2(b)(1)(K) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635(b)(1)(K)) is amended to read as
follows:
``(K) The Bank shall promote the export of goods and
services related to clean energy, energy efficiency, and
energy storage (as defined in subsection (l)(4)). It shall be
a goal of the Bank--
``(i) to ensure that not less than 30 percent of the
applicable amount (as defined in section 6(a)(2)) is made
available each fiscal year for the financing of exports of
such goods and services; and
``(ii) to ensure that not less than 10 percent of the
applicable amount is made available each fiscal year for the
financing of exports of goods and services relating to
renewable energy sources.''.
(d) Office of Financing for Clean Energy, Energy
Efficiency, and Energy Storage.--Section 2(b)(1)(C) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(C)) is
amended to read as follows:
``(C) Office of Financing for Clean Energy, Energy
Efficiency, and Energy Storage.--The Board of Directors shall
establish an office to promote the export of goods and
services related to clean energy, energy efficiency, and
energy storage (as defined in subsection (l)(4)). The office
shall disseminate information with respect to opportunities
to export such goods and services and the availability of
financing from the Bank for such exports.''.
(e) 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''.
______