[Congressional Record Volume 169, Number 118 (Tuesday, July 11, 2023)]
[Senate]
[Pages S2316-S2328]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 140. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title VIII, insert the 
     following:

     SEC. __. PROHIBITION ON REQUIRING DEFENSE CONTRACTORS TO 
                   PROVIDE INFORMATION RELATING TO GREENHOUSE GAS 
                   EMISSIONS.

       (a) Definitions.--In this section:
       (1) Greenhouse gas.--The term ``greenhouse gas'' means--
       (A) carbon dioxide;
       (B) methane;
       (C) nitrous oxide;
       (D) nitrogen trifluoride;
       (E) hydrofluorocarbons;
       (F) perfluorcarbons; or
       (G) sulfur hexafluoride.
       (2) Greenhouse gas inventory.--The term ``greenhouse gas 
     inventory'' means a quantified list of an entity's annual 
     greenhouse gas emissions.
       (3) Scope 1 emissions.--The term ``Scope 1 emissions'' 
     means direct greenhouse gas emissions from sources that are 
     owned or controlled by the reporting entity.
       (4) Scope 2 emissions.--The term ``Scope 2 emissions'' 
     means indirect greenhouse gas emissions associated with the 
     generation of electricity, heating and cooling, or steam, 
     when these are purchased or acquired for the reporting 
     entity's own consumption but occur at sources owned or 
     controlled by another entity.
       (5) Scope 3 emissions.--The term ``Scope 3 emissions'' 
     means greenhouse gas emissions, other than those that are 
     Scope 2 emissions, that are a consequence of the operations 
     of the reporting entity but occur at sources other than those 
     owned or controlled by the entity.
       (b) Prohibition on Disclosure Requirements.--The Secretary 
     of Defense may not require the recipient of a Federal 
     contract to provide a greenhouse gas inventory or to provide 
     any other report on greenhouse gas emissions, including Scope 
     1 emissions, Scope 2 emissions, or Scope 3 emissions.
                                 ______
                                 
  SA 141. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in title III, insert the 
     following:

     SEC. 3__. MODIFICATIONS TO MILITARY AVIATION AND INSTALLATION 
                   ASSURANCE CLEARINGHOUSE FOR REVIEW OF MISSION 
                   OBSTRUCTIONS.

       (a) Projects Proposed Within Two Nautical Miles of Any 
     Intercontinental Ballistic Missile Launch Facility or Control 
     Center.--Section 183a of title 10, United States Code, is 
     amended--
       (1) in subsection (c)(7), in the second sentence--
       (A) by inserting ``within two nautical miles of any 
     intercontinental ballistic missile launch facility or control 
     center,'' after ``any project proposed''; and
       (B) by striking ``training route'' and inserting ``training 
     route,'';
       (2) in subsection (d)(2)--
       (A) in subparagraph (B), by inserting ``or any 
     intercontinental ballistic missile launch facility or control 
     center'' after ``military training routes''; and
       (B) in subparagraph (E), by striking ``or a Deputy Under 
     Secretary of Defense'' and inserting ``a Deputy Under 
     Secretary of Defense, or the Assistant Secretary of Defense 
     for Energy, Installations, and Environment''; and
       (3) in subsection (e)(1)--
       (A) by inserting after the first sentence the following: 
     ``In the case of any energy project or antenna structure 
     project with proposed structures located within two nautical 
     miles of an intercontinental ballistic missile launch 
     facility or control center, the Secretary of Defense shall 
     issue a finding of unacceptable risk to national security for 
     such project if the mitigation actions do not include removal 
     of all such proposed structures from the project after 
     receiving notice of presumed risk from the Clearinghouse 
     under subsection (c)(2).''; and
       (B) by striking ``The Secretary of Defense's finding of 
     unacceptable risk to national security'' and inserting ``Any 
     finding of unacceptable risk to national security by the 
     Secretary of Defense under this paragraph''.
       (b) Inclusion of Antenna Structure Projects.--
       (1) In general.--Such section is further amended--
       (A) by inserting ``or antenna structure projects'' after 
     ``energy projects'' each place it appears; and
       (B) by inserting ``or antenna structure project'' after 
     ``energy project'' each place it appears (except for 
     subsection (h)(2)).
       (2) Antenna structure project defined.--Section 183a(h) of 
     such title is amended by adding at the end the following new 
     paragraph:
       ``(10) The term `antenna structure project'--
       ``(A) means a project to construct a structure located 
     within two nautical miles of any intercontinental ballistic 
     missile launch facility or control center that is constructed 
     or used to transmit radio energy or that is constructed or 
     used for the primary purpose of supporting antennas to 
     transmit or receive radio energy (or both), and any antennas 
     and other appurtenances mounted on the structure, from the 
     time construction of the supporting structure begins until 
     such time as the supporting structure is dismantled; and
       ``(B) does not include any project in support of or 
     required by an intercontinental ballistic missile launch 
     facility or control center.''.
                                 ______
                                 
  SA 142. Mr. TESTER (for himself, Mr. Crapo, Ms. Baldwin, Mr. Bennet, 
Mr. Blumenthal, Mr. Booker, Mr. Brown, Mrs. Capito, Mr. Cardin, Mr. 
Casey, Mr. Cornyn, Ms. Cortez Masto, Mr. Cramer, Mr. Cruz, Mr. Durbin, 
Mrs. Feinstein, Mr. Fetterman, Mrs. Gillibrand, Mr. Heinrich, Ms. 
Hassan, Ms. Hirono, Mrs. Hyde-Smith, Mr. Kaine, Mr. Kelly, Mr. King, 
Mr. Lujan, Mr. Menendez, Mr. Merkley, Mr. Moran, Ms. Murkowski, Mrs. 
Murray, Mr. Ossoff, Mr. Padilla, Mr. Ricketts, Mr. Risch, Ms. Rosen, 
Mr. Rounds, Mr. Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Stabenow, Mr. 
Warner, Mr. Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, Mr. Wyden, 
Mr. Daines, Mr. Peters, Ms. Sinema, Mr. Markey, and Mr. Scott of 
Florida) submitted an amendment intended to be proposed by him to the 
bill S. 2226, to authorize appropriations for fiscal year 2024 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title VI, insert the following:

     SEC. 6__. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER THAN 
                   20 YEARS OF SERVICE AND A COMBAT-RELATED 
                   DISABILITY FOR CONCURRENT RECEIPT OF VETERANS' 
                   DISABILITY COMPENSATION AND RETIRED PAY.

       (a) Concurrent Receipt in Connection With CSRC.--Section 
     1413a(b)(3)(B) of title 10, United States Code, is amended by 
     striking ``creditable service,'' and all that follows and 
     inserting the following: ``creditable service--
       ``(i) the retired pay of the retiree is not subject to 
     reduction under sections 5304 and 5305 of title 38; and
       ``(ii) no monthly amount shall be paid the retiree under 
     subsection (a).''.
       (b) Concurrent Receipt Generally.--Section 1414(b)(2) of 
     title 10, United States Code, is amended by striking 
     ``Subsection (a)'' and

[[Page S2317]]

     all that follows and inserting the following: ``Subsection 
     (a)--
       ``(A) applies to a member described in paragraph (1) of 
     that subsection who is retired under chapter 61 of this title 
     with less than 20 years of service otherwise creditable under 
     chapter 1405 of this title, or with less than 20 years of 
     service computed under section 12732 of this title, at the 
     time of the member's retirement if the member has a combat-
     related disability (as that term is defined in section 
     1413a(e) of this title), except that in the application of 
     subsection (a) to such a member, any reference in that 
     subsection to a qualifying service-connected disability shall 
     be deemed to be a reference to that combat-related 
     disability; but
       ``(B) does not apply to any member so retired if the member 
     does not have a combat-related disability.''.
       (c) Technical and Conforming Amendments.--
       (1) Amendments reflecting end of concurrent receipt phase-
     in period.--Section 1414 of title 10, United States Code, is 
     further amended--
       (A) in subsection (a)(1)--
       (i) by striking the second sentence; and
       (ii) by striking subparagraphs (A) and (B);
       (B) by striking subsection (c) and redesignating 
     subsections (d) and (e) as subsections (c) and (d), 
     respectively; and
       (C) in subsection (d), as redesignated, by striking 
     paragraphs (3) and (4).
       (2) Section heading.--The heading of such section 1414 is 
     amended to read as follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       receipt''.

       (3) Table of sections.--The table of sections at the 
     beginning of chapter 71 of such title is amended by striking 
     the item relating to section 1414 and inserting the following 
     new item:
``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent receipt.''.
       (4) Conforming amendment.--Section 1413a(f) of such title 
     is amended by striking ``Subsection (d)'' and inserting 
     ``Subsection (c)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month 
     beginning after the date of the enactment of this Act and 
     shall apply to payments for months beginning on or after that 
     date.
                                 ______
                                 
  SA 143. Mr. TESTER (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

Subtitle H--Critical Health Access Resource and Grant Extensions Act of 
                                  2023

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Critical Health Access 
     Resource and Grant Extensions Act of 2023'' or the ``CHARGE 
     Act of 2023''.

                      PART I--HOMELESSNESS MATTERS

     SEC. 1092. GRANTS AND PER DIEM PAYMENTS PROVIDED BY THE 
                   SECRETARY OF VETERANS AFFAIRS FOR SERVICES 
                   FURNISHED TO HOMELESS VETERANS.

       (a) Limitation on Transitional Housing Beds.--Section 2011 
     of title 38, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(i) Limitation on Transitional Housing Beds.--The 
     Secretary may not make grants under this section or provide 
     per diem payments under section 2012 of this title for more 
     than 12,000 transitional housing beds for homeless veterans 
     furnished by grant recipients or eligible entities under such 
     sections on average each year.''.
       (b) Reports Required.--Section 2012 of such title is 
     amended by adding at the end the following new subsection:
       ``(f) Reports Required.--Not later than 90 days after the 
     date of the enactment of the CHARGE Act of 2023, and not less 
     frequently than twice each year thereafter, the Secretary 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the rate for per diem payments 
     under this section that includes, for each Veterans 
     Integrated Service Network of the Department, the following 
     data:
       ``(1) The average rate for such payments.
       ``(2) A list of locations where the rate for such payments 
     is within 10 percent of the maximum rate for such payments 
     authorized under this section.
       ``(3) The average length of stay by veterans participating 
     in programs described in section 2011(a) of this title.''.
       (c) Maximum Rate.--During the three-year period beginning 
     on the date of the enactment of this Act, section 
     2012(a)(2)(B)(i)(II)(aa)(BB) of title 38, United States Code, 
     shall be applied and administered by substituting ``200'' for 
     ``115''.
       (d) Strategic Plan.--
       (1) In general.--Not later than 540 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a strategic plan for the provision of grants 
     and per diem payments for services furnished to homeless 
     veterans under sections 2011 and 2012 of title 38, United 
     States Code.
       (2) Elements.--The plan required by paragraph (1) shall 
     include the following:
       (A) A method for administering grant funding equitably 
     without using the rate authorized for State homes for 
     domiciliary care under subsection (a)(1)(A) of section 1741 
     of title 38, United States Code, as the Secretary may 
     increase from time to time under subsection (c) of that 
     section, that takes into account--
       (i) the wide variety of services furnished by grant 
     recipients and eligible entities under sections 2011 and 2012 
     of title 38, United States Code;
       (ii) varying costs of living across different geographic 
     locations;
       (iii) varying availability of affordable housing in 
     different geographic locations;
       (iv) circumstances of housing insecurity in rural and 
     Tribal communities;
       (v) veterans with significant medical care needs; and
       (vi) the changing dynamic of the veteran population 
     nationwide.
       (B) A plan and timeline for implementation of the method 
     included under subparagraph (A).
       (C) An estimate of increased costs or savings per year 
     under the plan.
       (D) An overview of the different grants that will be 
     available once the plan is implemented.

     SEC. 1093. AUTHORIZATION FOR USE OF CERTAIN FUNDS FOR 
                   IMPROVED FLEXIBILITY IN PROVISION OF ASSISTANCE 
                   TO HOMELESS VETERANS.

       (a) In General.--Subtitle VII of chapter 20 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2069. Flexibility in provision of assistance to 
       homeless veterans

       ``(a) Use of Funds.--The Secretary may provide to homeless 
     veterans and veterans participating in the program carried 
     out under section 8(o)(19) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f(o)(19)), as the Secretary determines 
     necessary, the following:
       ``(1) Assistance required for the safety and survival of 
     the veteran (such as food, shelter, clothing, blankets, and 
     hygiene items).
       ``(2) Transportation required to support the stability and 
     health of the veteran (such as transportation for 
     appointments with service providers, the conduct of housing 
     searches, and the obtainment of food and supplies).
       ``(3) Communications equipment and services (such as 
     tablets, smartphones, disposable phones, and related service 
     plans) required to support the stability and health of the 
     veteran (such as through the maintenance of contact with 
     service providers, prospective landlords, and family 
     members).
       ``(4) Such other assistance as the Secretary determines 
     necessary.
       ``(b) Homeless Veterans on Department Land.--(1) The 
     Secretary may collaborate, to the extent practicable, with 
     one or more organizations to manage the use of land of the 
     Department for homeless veterans for living and sleeping.
       ``(2) Collaboration under paragraph (1) may include the 
     provision by either the Secretary or the head of the 
     organization concerned of food services and security for 
     property, buildings, and other facilities owned or controlled 
     by the Department.
       ``(c) Sunset.--The authorities provided by this section 
     shall terminate on the date that is three years after the 
     date of the enactment of the CHARGE Act of 2023.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 20 of such title is amended by adding at 
     the end the following new item:
``2069. Flexibility in provision of assistance to homeless veterans.''.

     SEC. 1094. ACCESS TO DEPARTMENT OF VETERANS AFFAIRS 
                   TELEHEALTH SERVICES.

       (a) In General.--Subtitle VII of chapter 20 of title 38, 
     United States Code, as amended by section 1093(a), is further 
     amended by adding at the end the following new section:

     ``Sec. 2070. Access to telehealth services

       ``To the extent practicable, the Secretary shall ensure 
     that veterans participating in or receiving services from a 
     program under this chapter have access to telehealth services 
     to which such veterans are eligible under the laws 
     administered by the Secretary, including by ensuring that 
     telehealth capabilities are available to--
       ``(1) such veterans;
       ``(2) case managers of the Department of programs for 
     homeless veterans authorized under this chapter; and
       ``(3) community-based service providers for homeless 
     veterans receiving funds from the Department through grants 
     or contracts.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 20 of such title, as amended by section 
     1093(b), is further amended by adding at the end the 
     following new item:
``2070. Access to telehealth services.''.

[[Page S2318]]

  


                PART II--MATTERS RELATING TO CAREGIVERS

     SEC. 1095. AUTHORIZED VIRTUAL VISITS UNDER CAREGIVER PROGRAMS 
                   OF DEPARTMENT OF VETERANS AFFAIRS.

       On or before September 30, 2023, notwithstanding any 
     requirement to the contrary under section 1720G of title 38, 
     United States Code, or part 71 of title 38, Code of Federal 
     Regulations, or successor regulations, the Secretary of 
     Veterans Affairs may complete any home visit required under 
     such section with respect to a veteran and their caregiver 
     through video conference or other available telehealth 
     modality, if agreed to by the veteran or caregiver.

                     PART III--STATE VETERANS HOMES

     SEC. 1096. STATE HOME DEFINED.

       In this part, the term ``State home'' has the meaning given 
     that term in section 101(19) of title 38, United States Code.

     SEC. 1097. TEMPORARY WAIVER OF OCCUPANCY RATE REQUIREMENTS 
                   FOR RECEIPT OF PER DIEM PAYMENTS.

       During the period beginning on the date of the enactment of 
     this Act and ending on September 30, 2024, occupancy rate 
     requirements for State homes for purposes of receiving per 
     diem payments set forth in section 51.40(c) of title 38, Code 
     of Federal Regulations, or successor regulations, shall not 
     apply.

     SEC. 1098. PROVISION OF MEDICINE, EQUIPMENT, AND SUPPLIES.

       (a) In General.--The Secretary of Veterans Affairs may 
     provide to State homes medicines, personal protective 
     equipment, medical supplies, and any other equipment, 
     supplies, and assistance available to the Department of 
     Veterans Affairs.
       (b) Personal Protective Equipment Defined.--In this 
     section, the term ``personal protective equipment'' means any 
     protective equipment required to prevent the wearer from 
     contracting an infectious disease, including gloves, N-95 
     respirator masks, gowns, goggles, face shields, or other 
     equipment required for safety.
                                 ______
                                 
  SA 144. Mr. TESTER (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

     SEC. 10__. TECHNICAL CORRECTION TO ELIGIBILITY FOR COUNSELING 
                   AND TREATMENT FOR MILITARY SEXUAL TRAUMA TO 
                   INCLUDE ALL FORMER MEMBERS OF THE RESERVE 
                   COMPONENTS OF THE ARMED FORCES.

       Section 1720D of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``a physical assault of a 
     sexual nature'' and all that follows through the period at 
     the end and inserting ``military sexual trauma.''; and
       (B) in paragraph (2)(A), by striking ``that was suffered by 
     the member while serving on duty, regardless of duty status 
     or line of duty determination (as that term is used in 
     section 12323 of title 10)''; and
       (2) by striking subsections (f) and (g) and inserting the 
     following new subsection (f):
       ``(f) In this section:
       ``(1) The term `former member of the Armed Forces' means a 
     person who served on active duty, active duty for training, 
     or inactive duty training, and who was discharged or released 
     therefrom under any condition that is not--
       ``(A) a discharge by court-martial; or
       ``(B) a discharge subject to a bar to benefits under 
     section 5303 of this title.
       ``(2) The term `military sexual trauma' means, with respect 
     to a former member of the Armed Forces, a physical assault of 
     a sexual nature, battery of a sexual nature, or sexual 
     harassment which occurred while the former member of the 
     Armed Forces was serving on duty, regardless of duty status 
     or line of duty determination (as that term is used in 
     section 12323 of title 10).
       ``(3) The term `sexual harassment' means unsolicited verbal 
     or physical contact of a sexual nature which is threatening 
     in character.''.
                                 ______
                                 
  SA 145. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. CLARIFICATION THAT FEDERAL LABORATORIES CAN USE 
                   PARTNERSHIP INTERMEDIARIES FOR TECHNOLOGY 
                   TRANSFER FUNCTIONS.

       Section 23 of the Stevenson-Wydler Technology Innovation 
     Act of 1980 (15 U.S.C. 3715) is amended--
       (1) in subsection (a)(2), by inserting ``and transition 
     functions'' after ``technology transfer''; and
       (2) in subsection (c), by inserting ``or who can assist a 
     Federal laboratory with technology transition, either out of, 
     or into the Federal laboratory,'' after ``from a Federal 
     laboratory,''.
                                 ______
                                 
  SA 146. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. 2__. IMPROVEMENTS TO AUTHORITY TO USE PARTNERSHIP 
                   INTERMEDIARIES TO PROMOTE DEFENSE RESEARCH AND 
                   EDUCATION.

       Section 4124(f) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``head of the another'' and inserting 
     ``head of another''; and
       (B) by inserting ``or covered laboratory'' after ``Center'' 
     both places it appears; and
       (2) in paragraph (2)--
       (A) by striking ``In this subsection, the term'' and 
     inserting the following: ``In this subsection:
       ``(A) The term `covered laboratory' has the meaning given 
     the term `laboratory' in section 12(d) of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(d)).
       ``(B) The term''; and
       (B) in subparagraph (B), as redesignated by subparagraph 
     (A)--
       (i) by striking ``or academic institutions that need'' and 
     inserting the following: ``or academic institutions--
       ``(i) that need'';
       (ii) in clause (i), as designated by clause (i) of this 
     subparagraph, by striking the period at the end and inserting 
     ``or covered laboratory; or''; and
       (iii) by adding at the end the following new clause:
       ``(ii) who can assist a Center or covered laboratory with 
     technology transition, either out of, or into the Center or 
     covered laboratory.''.
                                 ______
                                 
  SA 147. Mr. TESTER (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY 
                   COMPENSATION FOR SURVIVING SPOUSES.

       (a) Increase.--Section 1311(a) of title 38, United States 
     Code, is amended in paragraph (1), by striking ``of $1,154'' 
     and inserting ``equal to 55 percent of the rate of monthly 
     compensation in effect under section 1114(j) of this title''.
       (b) Effective Date.--
       (1) In general.--Except as provided by paragraph (2), the 
     amendments made by subsection (a) shall apply with respect to 
     compensation paid under chapter 13 of title 38, United States 
     Code, for months beginning after the date that is six months 
     after the date of the enactment of this Act.
       (2) Special rule for certain individuals.--
       (A) In general.--For months beginning after the date that 
     is six months after the date of the enactment of this Act, 
     the Secretary of Veterans Affairs shall pay to an individual 
     described in subparagraph (B) dependents and survivors income 
     security benefit under section 1311 of title 38, United 
     States Code, in the monthly amount that is the greater of the 
     following:
       (i) The amount determined under subsection (a)(3) of such 
     section 1311, as in effect on the day before the date of the 
     enactment of this Act.
       (ii) The amount determined under subsection (a)(1) of such 
     section 1311, as amended by subsection (a).
       (B) Individuals described.--An individual described in this 
     subparagraph is an individual eligible for dependents and 
     survivors income security benefit under section 1311 of title 
     38, United States Code, that is predicated on the death of a 
     veteran before January 1, 1993.

     SEC. 10__. MODIFICATION OF REQUIREMENTS FOR DEPENDENCY AND 
                   INDEMNITY COMPENSATION FOR SURVIVORS OF CERTAIN 
                   VETERANS RATED TOTALLY DISABLED AT TIME OF 
                   DEATH.

       Section 1318 of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``The Secretary'' and inserting ``(1) 
     Except as provided in paragraph (2), the Secretary''; and
       (B) by adding at the end the following new paragraph:
       ``(2) In any case in which the Secretary makes a payment 
     under paragraph (1) of this

[[Page S2319]]

     subsection by reason of subsection (b)(1) and the period of 
     continuous rating immediately preceding death is less than 10 
     years, the amount payable under paragraph (1) of this 
     subsection shall be an amount that bears the same 
     relationship to the amount otherwise payable under such 
     paragraph as the duration of such period bears to 10 
     years.''; and
       (2) in subsection (b)(1), by striking ``10 or more years'' 
     and inserting ``five or more years''.
                                 ______
                                 
  SA 148. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. RECYCLING AND COMPOSTING ACCOUNTABILITY.

       (a) Definitions.--
       (1) In general.--In this section:
       (A) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (B) Circular market.--The term ``circular market'' means a 
     market that utilizes industrial processes and economic 
     activities to enable post-industrial and post-consumer 
     materials used in those processes and activities to maintain 
     their highest values for as long as possible.
       (C) Compost.--The term ``compost'' means a product that--
       (i) is manufactured through the controlled aerobic, 
     biological decomposition of biodegradable materials;
       (ii) has been subjected to medium and high temperature 
     organisms, which--

       (I) significantly reduce the viability of pathogens and 
     weed seeds; and
       (II) stabilize carbon in the product such that the product 
     is beneficial to plant growth; and

       (iii) is typically used as a soil amendment, but may also 
     contribute plant nutrients.
       (D) Compostable material.--The term ``compostable 
     material'' means material that is a feedstock for creating 
     compost, including--
       (i) wood;
       (ii) agricultural crops;
       (iii) paper;
       (iv) certified compostable products associated with organic 
     waste;
       (v) other organic plant material;
       (vi) marine products;
       (vii) organic waste, including food waste and yard waste; 
     and
       (viii) such other material that is composed of biomass that 
     can be continually replenished or renewed, as determined by 
     the Administrator.
       (E) Composting facility.--The term ``composting facility'' 
     means a location, structure, or device that transforms 
     compostable materials into compost.
       (F) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (G) Materials recovery facility.--
       (i) In general.--The term ``materials recovery facility'' 
     means a dedicated facility where primarily residential 
     recyclable materials, which are diverted from disposal by the 
     generator and collected separately from municipal solid 
     waste, are mechanically or manually sorted into commodities 
     for further processing into specification-grade commodities 
     for sale to end users.
       (ii) Exclusion.--The term ``materials recovery facility'' 
     does not include a solid waste management facility that may 
     process municipal solid waste to remove recyclable materials.
       (H) Recyclable material.--The term ``recyclable material'' 
     means a material that is obsolete, previously used, off-
     specification, surplus, or incidentally produced for 
     processing into a specification-grade commodity for which a 
     circular market currently exists or is being developed.
       (I) Recycling.--The term ``recycling'' means the series of 
     activities--
       (i) during which recyclable materials are processed into 
     specification-grade commodities, and consumed as raw-material 
     feedstock, in lieu of virgin materials, in the manufacturing 
     of new products;
       (ii) that may include sorting, collection, processing, and 
     brokering; and
       (iii) that result in subsequent consumption by a materials 
     manufacturer, including for the manufacturing of new 
     products.
       (J) State.--The term ``State'' has the meaning given the 
     term in section 1004 of the Solid Waste Disposal Act (42 
     U.S.C. 6903).
       (2) Definition of processing.--In subparagraphs (G), (H), 
     and (I) of paragraph (1), the term ``processing'' means any 
     mechanical, manual, or other method that--
       (A) transforms a recyclable material into a specification-
     grade commodity; and
       (B) may occur in multiple steps, with different steps, 
     including sorting, occurring at different locations.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) recycling and composting conserve resources, protect 
     the environment, and are important to the United States 
     economy;
       (2) the United States recycling and composting 
     infrastructure encompass each of the entities that collect, 
     process, broker, and consume recyclable materials and 
     compostable materials sourced from commercial, industrial, 
     institutional, and residential sources;
       (3) the residential segment of the United States recycling 
     and composting infrastructure is facing challenges from--
       (A) confusion over what materials are recyclable materials 
     or compostable materials;
       (B) reduced export markets;
       (C) growing, but still limited, domestic end markets; and
       (D) an ever-changing and heterogeneous supply stream;
       (4) in some areas, recycling and composting infrastructure 
     is in need of revitalization; and
       (5) in an effort to address those challenges, the United 
     States must use a combination of tactics to improve recycling 
     and composting in the United States.
       (c) Report on Composting Infrastructure Capabilities.--The 
     Administrator, in consultation with States, units of local 
     government, and Indian Tribes, shall--
       (1) prepare a report, or expand work under the National 
     Recycling Strategy to include data, describing the capability 
     of the United States to implement a national composting 
     strategy for compostable materials for the purposes of 
     reducing contamination rates for recycling, including--
       (A) an evaluation of existing Federal, State, and local 
     laws that may present barriers to implementation of a 
     national composting strategy;
       (B)(i) an evaluation of existing composting programs of 
     States, units of local government, and Indian Tribes; and
       (ii) a description of best practices based on those 
     programs;
       (C) an evaluation of existing composting infrastructure in 
     States, units of local government, and Indian Tribes for the 
     purposes of estimating cost and approximate land needed to 
     expand composting programs; and
       (D) a study of the practices of manufacturers and companies 
     that are moving to using compostable packaging and food 
     service ware for the purpose of making the composting process 
     the end-of-life use of those products; and
       (2) not later than 2 years after the date of enactment of 
     this Act, submit the report prepared under paragraph (1) to 
     Congress.
       (d) Report on Federal Agency Recycling Practices.--Not 
     later than 2 years after the date of enactment of this Act, 
     and every 2 years thereafter until 2033, the Comptroller 
     General of the United States, in consultation with the 
     Administrator, shall make publicly available a report 
     describing--
       (1) the total annual recycling and composting rates 
     reported by all Federal agencies;
       (2) the total annual percentage of products containing 
     recyclable material, compostable material, or recovered 
     materials purchased by all Federal agencies, including--
       (A) the total quantity of procured products containing 
     recyclable material or recovered materials listed in the 
     comprehensive procurement guidelines published under section 
     6002(e) of the Solid Waste Disposal Act (42 U.S.C. 6962(e)); 
     and
       (B) the total quantity of compostable material purchased;
       (3) recommendations for updating--
       (A) the comprehensive procurement guidelines published 
     under section 6002(e) of the Solid Waste Disposal Act (42 
     U.S.C. 6962(e)); and
       (B) the environmentally preferable purchasing program 
     established under section 6604(b)(11) of the Pollution 
     Prevention Act of 1990 (42 U.S.C. 13103(b)(11)); and
       (4) the activities of each Federal agency that promote 
     recycling or composting.
       (e) Improving Data and Reporting.--
       (1) Inventory of materials recovery facilities.--Not later 
     than 1 year after the date of enactment of this Act, and 
     biannually thereafter, the Administrator, in consultation 
     with States, units of local government, and Indian Tribes, 
     shall--
       (A) prepare an inventory of public and private materials 
     recovery facilities in the United States, including--
       (i) the number of materials recovery facilities in each 
     unit of local government in each State; and
       (ii) a description of the materials that each materials 
     recovery facility can process, including--

       (I) in the case of plastic, a description of--

       (aa) the types of accepted resin, if applicable; and
       (bb) the packaging or product format, such as a jug, a 
     carton, or film;

       (II) food packaging and service ware, such as a bottle, 
     cutlery, or a cup;
       (III) paper;
       (IV) aluminum, such as an aluminum beverage can, food can, 
     aerosol can, or foil;
       (V) steel, such as a steel food or aerosol can;
       (VI) other scrap metal;
       (VII) glass; or
       (VIII) any other material not described in any of 
     subclauses (I) through (VII) that a materials recovery 
     facility can process; and

       (B) submit the inventory prepared under subparagraph (A) to 
     Congress.
       (2) Establishment of a comprehensive baseline of data for 
     the united states recycling system.--The Administrator, in 
     consultation with States, units of local government, and 
     Indian Tribes, shall determine, with respect to the United 
     States--

[[Page S2320]]

       (A) the number of community curbside recycling and 
     composting programs;
       (B) the number of community drop-off recycling and 
     composting programs;
       (C) the types and forms of materials accepted by each 
     community curbside recycling, drop-off recycling, or 
     composting program;
       (D) the number of individuals with access to recycling and 
     composting services to at least the extent of access to 
     disposal services;
       (E) the number of individuals with barriers to accessing 
     recycling and composting services to at least the extent of 
     access to disposal services;
       (F) the inbound contamination and capture rates of 
     community curbside recycling, drop-off recycling, or 
     composting programs;
       (G) where applicable, other available recycling or 
     composting programs within a community, including store drop-
     offs; and
       (H) the average costs and benefits to States, units of 
     local government, and Indian Tribes of recycling and 
     composting programs.
       (3) Standardization of recycling reporting rates.--
       (A) Collection of rates.--
       (i) In general.--The Administrator may use amounts made 
     available under subsection (h) to biannually collect from 
     each State the nationally standardized rate of recyclable 
     materials in that State that have been successfully diverted 
     from the waste stream and brought to a materials recovery 
     facility or composting facility.
       (ii) Confidential or proprietary business information.--
     Information collected under clause (i) shall not include any 
     confidential or proprietary business information, as 
     determined by the Administrator.
       (B) Use.--Using amounts made available under subsection 
     (h), the Administrator may use the rates collected under 
     subparagraph (A) to further assist States, units of local 
     government, and Indian Tribes--
       (i) to reduce the overall waste produced by the States and 
     units of local government; and
       (ii) to increase recycling and composting rates.
       (4) Report on end markets.--
       (A) In general.--The Administrator, in consultation with 
     States, units of local government, and Indian Tribes, shall--
       (i) provide an update to the report submitted under section 
     306 of the Save Our Seas 2.0 Act (Public Law 116-224; 134 
     Stat. 1096) to include an addendum on the end-market sale of 
     all recyclable materials, in addition to recycled plastics as 
     described in that section, from materials recovery facilities 
     that process recyclable materials collected from households 
     and publicly available recyclable materials drop-off centers, 
     including--

       (I) the total, in dollars per ton, domestic sales of bales 
     of recyclable materials; and
       (II) the total, in dollars per ton, international sales of 
     bales of recyclable materials;

       (ii) prepare a report on the end-market sale of compost 
     from all compostable materials collected from households and 
     publicly available compost drop-off centers, including the 
     total, in dollars per ton, of domestic sales of compostable 
     materials; and
       (iii) not later than 2 years after the date of enactment of 
     this Act, submit to Congress the update to the report 
     prepared under clause (i) and the report prepared under 
     clause (ii).
       (B) Confidential or proprietary business information.--
     Information collected under clauses (i) and (ii) of 
     subparagraph (A) shall not include any confidential or 
     proprietary business information, as determined by the 
     Administrator.
       (f) Study on the Diversion of Recyclable Materials From a 
     Circular Market.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall develop a 
     metric for determining the proportion of recyclable materials 
     in commercial and municipal waste streams that are being 
     diverted from a circular market.
       (2) Study; report.--Not later than 1 year after the 
     development of a metric under paragraph (1), the 
     Administrator shall conduct a study of, and submit to 
     Congress a report on, the proportion of recyclable materials 
     in commercial and municipal waste streams that, during each 
     of the 10 calendar years preceding the year of submission of 
     the report, were diverted from a circular market.
       (3) Data.--The report under paragraph (2) shall provide 
     data on specific recyclable materials, including aluminum, 
     plastics, paper and paperboard, textiles, and glass, that 
     were prevented from remaining in a circular market through 
     disposal or elimination, and to what use those specific 
     recyclable materials were lost.
       (4) Evaluation.--The report under paragraph (2) shall 
     include an evaluation of whether the establishment or 
     improvement of recycling programs would--
       (A) improve recycling rates; or
       (B) reduce the quantity of recyclable materials being 
     unutilized in a circular market.
       (g) Voluntary Guidelines.--The Administrator shall--
       (1) in consultation with States, units of local government, 
     and Indian Tribes, develop, based on the results of the 
     studies, reports, inventory, and data determined under 
     subsections (c) through (f), and provide to States, units of 
     local government, and Indian Tribes, through the Model 
     Recycling Program Toolkit or a similar resource, best 
     practices that the States, units of local government, and 
     Indian Tribes may use to enhance recycling and composting, 
     including--
       (A) labeling techniques for containers of waste, 
     compostable materials, and recycling, with the goal of 
     creating consistent, readily available, and understandable 
     labeling across jurisdictions;
       (B) pamphlets or other literature readily available to 
     constituents;
       (C) primary and secondary school educational resources on 
     recycling;
       (D) web and media-based campaigns; and
       (E) guidance for the labeling of recyclable materials and 
     compostable materials that minimizes contamination and 
     diversion of those materials from waste streams toward 
     recycling and composting systems; and
       (2) not later than 2 years after the date of enactment of 
     this Act, submit to Congress a report describing the best 
     practices developed under paragraph (1).
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator $4,000,000 for each 
     of fiscal years 2023 through 2027 to carry out this section.
                                 ______
                                 
  SA 149. Mr. HOEVEN (for himself and Ms. Smith) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to authorize 
appropriations for fiscal year 2024 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. EXTENSION OF DEADLINE TO PROMULGATE CERTAIN 
                   REGULATIONS.

       Section 413(a) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5373(a)) is amended--
       (1) in paragraph (2), by striking ``21 months'' and 
     inserting ``38 months''; and
       (2) in paragraph (3), by striking ``30 months'' and 
     inserting ``50 months''.
                                 ______
                                 
  SA 150. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XV, insert the following:

     SEC. ___. ANNUAL REPORT ON DEVELOPMENT OF LONG-RANGE STAND-
                   OFF WEAPON.

       (a) Report Required.--Not later than March 1, 2024, and 
     annually thereafter until the date on which long-range stand-
     off weapon reaches initial operational capability, the 
     Administrator for Nuclear Security, in coordination with the 
     Secretary of the Air Force and the Chairman of the Nuclear 
     Weapons Council, shall submit to the congressional defense 
     committees a report on the joint development of the long-
     range stand-off weapon, including the missile developed by 
     the Air Force and the W80-4 warhead life extension program 
     conducted by the National Nuclear Security Administration.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) An estimate of the date on which the long-range stand-
     off weapon will reach initial operational capability.
       (2) A description of any development milestones for the 
     missile developed by the Air Force or the warhead developed 
     by the National Nuclear Security Administration that depend 
     on corresponding progress at the other agency.
       (3) A description of coordination efforts between the Air 
     Force and the National Nuclear Security Administration during 
     the period covered by the report.
       (4) A description of any schedule delays projected by the 
     Air Force or the National Nuclear Security Administration and 
     the anticipated effect such delays would have on the schedule 
     of work of the other agency.
       (5) Plans to mitigate the effects of any delays described 
     in paragraph (4).
       (6) A description of any ways, including through the 
     availability of additional funding or authorities, in which 
     the development milestones described in paragraph (2) or the 
     estimated date of initial operational capability referred to 
     in paragraph (1), could be achieved more quickly.
       (7) An estimate of the acquisition costs for the long-range 
     stand-off weapon and the W80-4 warhead life extension 
     program.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 151. Mr. MANCHIN (for himself and Mr. Risch) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of

[[Page S2321]]

Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title XXXI, insert the 
     following:

     SEC. ___. CIVIL NUCLEAR EXPORT ACT OF 2023.

       (a) Short Title.--This section may be cited as the ``Civil 
     Nuclear Export Act of 2023''.
       (b) Modification of Prohibition on Financing in the Export-
     Import Bank of the United States.--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 inserting ``, except any 
     purchase that is otherwise permitted under an agreement made 
     in accordance with section 123 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2153) or any other applicable law of the 
     United States,'' after ``(C) the purchase''.
       (c) Expansion of Program on China and Transformational 
     Exports.--Section 2(l)(1)(B) of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635(l)(1)(B)) is amended--
       (1) by redesignating clause (xi) as clause (xii); and
       (2) by inserting after clause (x) the following:
       ``(xi) Civil nuclear facilities, material, and 
     technologies, and related goods and services that support the 
     development of an effective nuclear energy sector.''.
       (d) Nuclear Liability Coverage.--Section 2 of the Export-
     Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding 
     at the end the following:
       ``(m) Nuclear Liability Coverage.--
       ``(1) In general.--If there is a claim or judgment against 
     the Bank relating to bodily injury, death, or damage to or 
     loss of real or personal property, the Secretary of the 
     Treasury shall, subject to paragraph (2), pay, from the 
     general fund of the Treasury such claim or judgment, and 
     related costs, if--
       ``(A) such bodily injury, death, or damage to or loss of 
     real or personal property is determined in a court of 
     competent jurisdiction to have resulted from a nuclear 
     incident at a nuclear facility that received financial 
     support from the Bank; and
       ``(B) there is no applicable treaty or other arrangement 
     fully absolving the Bank of liability.
       ``(2) Maximum amount.--Any claim or judgment, and any 
     related costs paid in accordance with paragraph (1), to the 
     extent not otherwise absolved by any applicable treaty or 
     other arrangement, may not exceed the maximum amount of 
     financial protection per incident required to cover public 
     liability claims under section 170(b) of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2210(b)).
       ``(3) Presidential authority to authorize payments.--If the 
     aggregate amount of claims, judgments, and related costs 
     resulting from a single nuclear incident exceeds the maximum 
     amount under paragraph (2), the President--
       ``(A) may authorize, under such terms and conditions as the 
     President may direct, the payment of such claims or 
     judgments, and costs related to such claims or judgments, 
     from any contingency funds available to the United States 
     Government; and
       ``(B) if such funds are insufficient or unavailable, shall 
     certify such claims or judgments to Congress for 
     appropriation of the necessary funds.''.
       (e) Modification of Lending Cap.--Section 6(a) of the 
     Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is 
     amended--
       (1) in paragraph (1), by striking ``applicable amount.'' 
     and inserting ``applicable amount, unless the aggregate 
     amount that is in excess of the applicable amount--
       ``(A) is attributed by the Bank to loans, guarantees, and 
     insurance under the Program on China and Transformational 
     Exports pursuant to section 2(l); and
       ``(B) does not exceed $50,000,000,000.'';
       (2) in paragraph (3)--
       (A) in the header, by striking ``2'' and inserting ``4''; 
     and
       (B) by striking ``2 percent'' each place it appears and 
     inserting ``4 percent''; and
       (3) by adding at the end the following:
       ``(5) Authority to attribute loans, guarantees, and 
     insurance.--The Bank may attribute any loan, guarantee, or 
     insurance issued under the Program on China and 
     Transformational Exports pursuant to section 2(l) toward the 
     aggregate amount that is in excess of the applicable amount 
     described in paragraph (1) without regard to the date on 
     which the Bank issued such loan, guarantee, or insurance.''.
       (f) Modification of Monitoring of Default Rates.--Section 
     8(g) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635g(g)) is amended--
       (1) in paragraph (3), by striking ``2 percent'' each place 
     it appears and inserting ``4 percent'';
       (2) in paragraph (4)(B), by striking ``2 percent'' and 
     inserting ``4 percent'';
       (3) in paragraph (5)--
       (A) in the header, by striking ``2'' and inserting ``4''; 
     and
       (B) by striking ``2 percent'' and inserting ``4 percent'';
       (4) in paragraph (6), by striking ``2 percent'' and 
     inserting ``4 percent''; and
       (5) by adding at the end the following:
       
       ``(7) Exclusion of transactions relating to the program on 
     china and transformational exports.--For the purposes of this 
     subsection, if financing provided under the Program on China 
     and Transformational Exports pursuant to section 2(l) results 
     in the default rate calculated under paragraph (1) equaling 
     or exceeding 4 percent, the Bank may exclude such financing, 
     subject to the approval of the Board of Directors.''.
                                 ______
                                 
  SA 152. Mr. MANCHIN (for himself and Mr. Risch) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title XXXI, insert the 
     following:

     SEC. 31___. INTERNATIONAL NUCLEAR ENERGY ACT.

       (a) Short Title.--This section may be cited as the 
     ``International Nuclear Energy Act''.
       (b) Definitions.--In this section:
       (1) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' has the meaning given the term in section 951(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
       (2) Ally or partner nation.--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 
     section.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committees on Foreign Relations and Energy and 
     Natural Resources of the Senate; and
       (B) the Committees on Foreign Affairs and Energy and 
     Commerce of the House of Representatives.
       (4) Assistant.--The term ``Assistant'' means the Assistant 
     to the President and Director for International Nuclear 
     Energy Policy described in subsection (c)(1)(D).
       (5) 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.
       (6) Associated individual.--The term ``associated 
     individual'' means a foreign national who is a national of a 
     country described in paragraph (2).
       (7) 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).
       (8) Embarking civil nuclear energy nation.--
       (A) In general.--The term ``embarking civil nuclear energy 
     nation'' means a country that--
       (i) does not have a civil nuclear program;
       (ii) is in the process of developing or expanding a civil 
     nuclear program, including safeguards and a legal and 
     regulatory framework, for--

       (I) nuclear safety;
       (II) nuclear security;
       (III) radioactive waste management;
       (IV) civil nuclear energy;
       (V) environmental safeguards;
       (VI) community engagement in areas in reasonable proximity 
     to nuclear sites;
       (VII) nuclear liability; or
       (VIII) advanced nuclear reactor licensing;

       (iii) is in the process of selecting, developing, 
     constructing, or utilizing advanced light water reactors, 
     advanced nuclear reactors, or advanced civil nuclear 
     technologies; and
       (iv) is eligible to receive development lending from the 
     World Bank.
       (B) Exclusions.--The term ``embarking civil nuclear energy 
     nation'' does not include--
       (i) the People's Republic of China;
       (ii) the Russian Federation;
       (iii) the Republic of Belarus;
       (iv) the Islamic Republic of Iran;
       (v) the Democratic People's Republic of Korea;
       (vi) the Republic of Cuba;
       (vii) the Bolivarian Republic of Venezuela;
       (viii) the Syrian Arab Republic;
       (ix) Burma; or

[[Page S2322]]

       (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.
       (9) Nuclear safety.--The term ``nuclear safety'' means 
     issues relating to the design, construction, operation, or 
     decommissioning of nuclear facilities in a manner that 
     ensures adequate protection of workers, the public, and the 
     environment, including--
       (A) the safe operation of nuclear reactors and other 
     nuclear facilities;
       (B) radiological protection of--
       (i) members of the public;
       (ii) workers; and
       (iii) the environment;
       (C) nuclear waste management;
       (D) emergency preparedness;
       (E) nuclear liability; and
       (F) the safe transportation of nuclear materials.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (11) 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).
       (12) 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.
       (c) 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 energy 
     nations), associated entities, and associated individuals 
     with respect to civil nuclear exports;
       (iii) coordinate with the officials described in paragraph 
     (2) to ensure that necessary framework agreements and trade 
     controls relating to civil nuclear materials and technologies 
     are in place for key markets; and
       (iv) develop--

       (I) a whole-of-government coordinating strategy for civil 
     nuclear cooperation;
       (II) a whole-of-government strategy for civil nuclear 
     exports; and
       (III) a whole-of-government approach to support appropriate 
     foreign investment in civil nuclear energy projects supported 
     by the United States in embarking civil nuclear energy 
     nations.

       (2) Officials described.--The officials referred to in 
     paragraph (1)(E) are--
       (A) the appropriate officials of--
       (i) the Department of State;
       (ii) the Department of Energy;
       (iii) the Department of Commerce;
       (iv) the Department of Transportation;
       (v) the Nuclear Regulatory Commission;
       (vi) the Department of Defense;
       (vii) the National Security Council;
       (viii) the National Economic Council;
       (ix) the Office of the United States Trade Representative;
       (x) the Office of Management and Budget;
       (xi) the Office of the Director of National Intelligence;
       (xii) the Export-Import Bank of the United States;
       (xiii) the United States International Development Finance 
     Corporation;
       (xiv) the United States Agency for International 
     Development;
       (xv) the United States Trade and Development Agency;
       (xvi) the Office of Science and Technology Policy; and
       (xvii) any other Federal agency that the President 
     determines to be appropriate; and
       (B) appropriate officials representing foreign countries 
     and governments, including--
       (i) ally or partner nations;
       (ii) embarking civil nuclear energy nations; and
       (iii) any other country or government that the Assistant 
     (if appointed) and the officials described in subparagraph 
     (A) jointly determine to be appropriate.
       (d) 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.
       (e) Engagement With Ally or Partner Nations.--
       (1) In general.--The President shall launch, in accordance 
     with applicable nuclear technology export laws (including 
     regulations), an international initiative to modernize the 
     civil nuclear outreach to embarking civil nuclear energy 
     nations.
       (2) Financing.--In carrying out the initiative described in 
     paragraph (1), 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 subsection 
     (c)(2), may, if the President determines to be appropriate, 
     seek to establish cooperative financing relationships for the 
     export of civil nuclear technology, components, materials, 
     and infrastructure to embarking civil nuclear energy nations.
       (3) Activities.--In carrying out the initiative described 
     in paragraph (1), the President shall--
       (A) 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--
       (i) through engagement with the International Atomic Energy 
     Agency; or
       (ii) independently, if the applicable entity determines 
     that it would be more advantageous under the circumstances to 
     provide the applicable education and training independently;
       (B) 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;
       (C) coordinate the work of the Chief Executive Officer of 
     the United States International Development Finance 
     Corporation

[[Page S2323]]

     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 energy nations, including through exports from the 
     United States;
       (D) seek to better coordinate, to the maximum extent 
     practicable, the work carried out by each of--
       (i) the Nuclear Regulatory Commission;
       (ii) the Department of Energy;
       (iii) the Department of Commerce;
       (iv) the Nuclear Energy Agency;
       (v) the International Atomic Energy Agency; and
       (vi) the nuclear regulatory agencies and organizations of 
     embarking civil nuclear energy nations and ally or partner 
     nations; and
       (E) coordinate the work of the Export-Import Bank of the 
     United States to improve the efficient and effective 
     exporting and importing of civil nuclear technologies and 
     materials.
       (f) Cooperative Financing Relationships With Ally or 
     Partner Nations and Embarking Civil Nuclear Energy Nations.--
       (1) 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 subsection (c)(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 energy nations.
       (2) United states competitiveness clauses.--
       (A) Definition of united states competitiveness clause.--In 
     this paragraph, the term ``United States competitiveness 
     clause'' means any United States competitiveness provision in 
     any agreement entered into by the Department of Energy, 
     including--
       (i) a cooperative agreement;
       (ii) a cooperative research and development agreement; and
       (iii) a patent waiver.
       (B) Consideration.--In carrying out paragraph (1), the 
     relevant officials described in that paragraph shall consider 
     the impact of United States competitiveness clauses on any 
     financing relationships entered into or proposed to be 
     entered into under that paragraph.
       (C) Waiver.--The Secretary shall facilitate waivers of 
     United States competitiveness clauses as necessary to 
     facilitate financing relationships with ally or partner 
     nations under paragraph (1).
       (g) Cooperation With Ally or Partner Nations on Advanced 
     Nuclear Reactor Demonstration and Cooperative Research 
     Facilities for Civil Nuclear Energy.--
       (1) 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.
       (2) Requirement.--The meetings described in paragraph (1) 
     shall include--
       (A) 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
       (B) 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--
       (i) the demonstration and deployment of advanced nuclear 
     reactors; and
       (ii) the development of cooperative research facilities.
       (3) Financing arrangements.--In conducting the meetings 
     described in paragraph (1), 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.
       (4) 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--
       (A) for the establishment of cost-share arrangements 
     described in paragraph (3); or
       (B) with which the United States may enter into agreements 
     with respect to--
       (i) the demonstration of advanced nuclear reactors; or
       (ii) cooperative research facilities.
       (h) 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 subsection (b) of the 
     International Nuclear Energy 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 subsection);
       ``(B) the designation of 1 or more U.S. nuclear energy 
     companies (as defined in that subsection) 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.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out subsection 
     (a)(3) $15,500,000 for each of fiscal years 2023 through 
     2027.''.
       (i) International Civil Nuclear Program Support.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of State, in 
     coordination with the Secretary and the Assistant (if 
     appointed), shall launch an international initiative 
     (referred to in this subsection as the ``initiative'') to 
     provide financial assistance to, and facilitate the building 
     of technical capacities by, in accordance with this 
     subsection, embarking civil nuclear energy nations for 
     activities relating to the development of civil nuclear 
     energy programs.
       (2) Financial assistance.--
       (A) In general.--In carrying out the initiative, the 
     Secretary of State, in coordination with the Secretary and 
     the Assistant (if appointed), may award grants of financial 
     assistance to embarking civil nuclear energy nations in 
     accordance with this paragraph--
       (i) for activities relating to the development of civil 
     nuclear energy programs; and
       (ii) to facilitate the building of technical capacities for 
     those activities.
       (B) Amount.--The amount of a grant of financial assistance 
     under subparagraph (A) shall be not more than $5,500,000.
       (C) Limitations.--The Secretary of State, in coordination 
     with the Secretary and the Assistant (if appointed), may 
     award--
       (i) not more than 1 grant of financial assistance under 
     subparagraph (A) to any 1 embarking civil nuclear energy 
     nation each fiscal year; and
       (ii) not more than a total of 5 grants of financial 
     assistance under subparagraph (A) to any 1 embarking civil 
     nuclear energy nation.
       (3) Senior advisors.--
       (A) In general.--In carrying out the initiative, the 
     Secretary of State, in coordination with the Secretary and 
     the Assistant (if appointed), may provide financial 
     assistance to an embarking civil nuclear energy nation

[[Page S2324]]

     for the purpose of contracting with a U.S. nuclear energy 
     company to hire 1 or more senior advisors to assist the 
     embarking civil nuclear energy nation in establishing a civil 
     nuclear program.
       (B) Requirement.--A senior advisor described in 
     subparagraph (A) shall have relevant experience and 
     qualifications to advise the embarking civil nuclear energy 
     nation on, and facilitate on behalf of the embarking civil 
     nuclear energy nation, 1 or more of the following activities:
       (i) The development of financing relationships.
       (ii) The development of a standardized financing and 
     project management framework for the construction of nuclear 
     power plants.
       (iii) 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.

       (iv) The identification of qualified organizations and 
     service providers.
       (v) The identification of funds to support payment for 
     services required to develop a civil nuclear program.
       (vi) Market analysis.
       (vii) The identification of the safety, security, 
     safeguards, and nuclear governance required for a civil 
     nuclear program.
       (viii) Risk allocation, risk management, and nuclear 
     liability.
       (ix) Technical assessments of nuclear reactors and 
     technologies.
       (x) 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).
       (xi) Stakeholder engagement.
       (xii) Management of spent nuclear fuel and nuclear waste.
       (xiii) 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.
       (C) Clarification.--Financial assistance under this 
     paragraph may be provided to an embarking civil nuclear 
     energy nation in addition to any financial assistance 
     provided to that embarking civil nuclear energy nation under 
     paragraph (2).
       (4) Limitation on assistance to embarking civil nuclear 
     energy nations.--Not later than 1 year after the date of 
     enactment of this Act, the Offices of the Inspectors General 
     for the Department of State and the Department of Energy 
     shall coordinate--
       (A) to establish and submit to the appropriate committees 
     of Congress a joint strategic plan to conduct comprehensive 
     oversight of activities authorized under this subsection to 
     prevent fraud, waste, and abuse; and
       (B) to engage in independent and effective oversight of 
     activities authorized under this subsection through joint or 
     individual audits, inspections, investigations, or 
     evaluations.
       (5) 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.
       (j) Biennial Cabinet-level International Conference on 
     Nuclear Safety, Security, Safeguards, and Sustainability.--
       (1) In general.--The President, in coordination with 
     international partners, as determined by the President, and 
     industry, shall hold a biennial conference on civil nuclear 
     safety, security, safeguards, and sustainability (referred to 
     in this subsection as a ``conference'').
       (2) Conference functions.--It is the sense of Congress that 
     each conference should--
       (A) be a forum in which ally or partner nations may engage 
     with each other for the purpose of reinforcing the commitment 
     to--
       (i) nuclear safety, security, safeguards, and 
     sustainability;
       (ii) environmental safeguards; and
       (iii) local community engagement in areas in reasonable 
     proximity to nuclear sites; and
       (B) facilitate--
       (i) the development of--

       (I) joint commitments and goals to improve--

       (aa) nuclear safety, security, safeguards, and 
     sustainability;
       (bb) environmental safeguards; and
       (cc) local community engagement in areas in reasonable 
     proximity to nuclear sites;

       (II) stronger international institutions that support 
     nuclear safety, security, safeguards, and sustainability;
       (III) cooperative financing relationships to promote 
     competitive alternatives to Chinese and Russian financing;
       (IV) a standardized financing and project management 
     framework for the construction of civil nuclear power plants;
       (V) a standardized licensing framework for civil nuclear 
     technologies;
       (VI) a strategy to change internal policies of 
     multinational development banks, such as the World Bank, to 
     support the financing of civil nuclear projects;
       (VII) a document containing any lessons learned from 
     countries that have partnered with the Russian Federation or 
     the People's Republic of China with respect to civil nuclear 
     power, including any detrimental outcomes resulting from that 
     partnership; and
       (VIII) a global civil nuclear liability regime;

       (ii) cooperation for enhancing the overall aspects of civil 
     nuclear power, such as--

       (I) nuclear safety, security, safeguards, and 
     sustainability;
       (II) nuclear laws (including regulations);
       (III) waste management;
       (IV) quality management systems;
       (V) technology transfer;
       (VI) human resources development;
       (VII) localization;
       (VIII) reactor operations;
       (IX) nuclear liability; and
       (X) decommissioning; and

       (iii) the development and determination of the mechanisms 
     described in subparagraphs (G) and (H) of subsection (k)(1), 
     if the President intends to establish an Advanced Reactor 
     Coordination and Resource Center as described in that 
     subsection.
       (3) Input from industry and government.--It is the sense of 
     Congress that each conference should include a meeting that 
     convenes nuclear industry leaders and leaders of government 
     agencies with expertise relating to nuclear safety, security, 
     safeguards, or sustainability to discuss best practices 
     relating to--
       (A) the safe and secure use, storage, and transport of 
     nuclear and radiological materials;
       (B) managing the evolving cyber threat to nuclear and 
     radiological security; and
       (C) 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.
       (k) Advanced Reactor Coordination and Resource Center.--
       (1) In general.--The President shall consider the 
     feasibility of leveraging existing activities or frameworks 
     or, as necessary, establishing a center, to be known as the 
     ``Advanced Reactor Coordination and Resource Center'' 
     (referred to in this subsection as the ``Center''), for the 
     purposes of--
       (A) identifying qualified organizations and service 
     providers--
       (i) for embarking civil nuclear energy 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 by the 
     International Atomic Energy Agency;
       (B) coordinating with countries participating in the Center 
     and with the Nuclear Exports Working Group established under 
     subsection (d)--
       (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--

       (I) project structure models;
       (II) models for electricity market analysis;
       (III) models for nonelectric applications market analysis; 
     and
       (IV) financial models;

       (C) identifying and developing the safety, security, 
     safeguards, and nuclear governance required for a civil 
     nuclear program;
       (D) supporting multinational regulatory standards to be 
     developed by countries with civil nuclear programs and 
     experience;
       (E) developing and strengthening communications, 
     engagement, and consensus-building;
       (F) 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;
       (G) developing mechanisms for how to fund and staff the 
     Center; and
       (H) determining mechanisms for the selection of the 
     location or locations of the Center.
       (2) Objective.--The President shall carry out paragraph (1) 
     with the objective of establishing the Center if the 
     President determines that it is feasible to do so.
       (l) Investment by Allies and Partners of the United 
     States.--
       (1) Commercial licenses.--Section 103 d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the 
     second sentence--
       (A) by inserting ``for a production facility'' after ``No 
     license''; and
       (B) by striking ``any any'' and inserting ``any''.
       (2) 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''.
       (m) Strategic Infrastructure Fund Working Group.--
       (1) Establishment.--There is established a working group, 
     to be known as the ``Strategic Infrastructure Fund Working 
     Group'' (referred to in this subsection as the ``working 
     group'') to provide input on the feasibility of establishing 
     a program to support strategically important capital-
     intensive infrastructure projects.
       (2) Composition.--The working group shall be--
       (A) led by a White House official, who may be the Assistant 
     (if appointed), who shall serve as the White House focal 
     point with respect to matters relating to the working group; 
     and
       (B) composed of--
       (i) 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;

[[Page S2325]]

       (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;

       (ii) 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
       (iii) any senior-level Federal official selected by the 
     White House official described in subparagraph (A) from any 
     Federal agency or organization.
       (3) Reporting.--The working group shall report to the 
     National Security Council.
       (4) Duties.--The working group shall--
       (A) provide direction and advice to the officials described 
     in subsection (c)(2)(A) and appropriate Federal agencies, as 
     determined by the working group, with respect to the 
     establishment of a Strategic Infrastructure Fund (referred to 
     in this paragraph as the ``Fund'') to be used--
       (i) to support those aspects of projects relating to--

       (I) civil nuclear technologies; and
       (II) microprocessors; and

       (ii) for strategic investments identified by the working 
     group; and
       (B) address critical areas in determining the appropriate 
     design for the Fund, including--
       (i) transfer of assets to the Fund;
       (ii) transfer of assets from the Fund;
       (iii) how assets in the Fund should be invested; and
       (iv) governance and implementation of the Fund.
       (5) Report required.--
       (A) 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 subparagraph (B) a report on the 
     findings of the working group that includes suggested 
     legislative text for how to establish and structure a 
     Strategic Infrastructure Fund.
       (B) Committees described.--The committees referred to in 
     subparagraph (A) are--
       (i) 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
       (ii) 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.
       (C) Administration of the fund.--The report submitted under 
     subparagraph (A) shall include suggested legislative language 
     requiring all expenditures from a Strategic Infrastructure 
     Fund established in accordance with this subsection to be 
     administered by the Secretary of State (or a designee of the 
     Secretary of State).
       (n) Notification With Respect to Safety and Security of New 
     Exports of Advanced Nuclear Reactors.--Before the United 
     States may export an advanced nuclear reactor to a country 
     that has not previously received an advanced nuclear reactor 
     from the United States, the Secretary, in coordination with 
     the Secretary of State, shall provide a notification to the 
     appropriate committees of Congress that addresses whether the 
     country--
       (1) is technically equipped to safely operate and maintain 
     the advanced nuclear reactor; and
       (2) has a transparency plan in place for oversight of any 
     assistance received from the United States Government for the 
     purpose of purchasing the advanced nuclear reactor.
       (o) Ensuring Continued Safety and Security Oversight of 
     Enhanced Energy Cooperation.--
       (1) Briefing required.--
       (A) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State, the 
     Secretary of Defense, and the Secretary (or their designees) 
     shall jointly brief the committees of Congress described in 
     subparagraph (B) on the procedures being used to mitigate any 
     nuclear proliferation risks of--
       (i) any recommendations for enhanced energy cooperation 
     that may emerge from the meetings described in subsection 
     (g)(1); or
       (ii) any new exports of advanced nuclear reactors.
       (B) Committees of congress described.--The committees of 
     Congress referred to in subparagraph (A) are--
       (i) the Committees on Foreign Relations, Energy and Natural 
     Resources, and Armed Services of the Senate; and
       (ii) the Committees on Foreign Affairs, Energy and 
     Commerce, and Armed Services of the House of Representatives.
       (2) Prohibition on exports of nuclear reactors to certain 
     countries.--On and after the date of the enactment of this 
     Act, an advanced nuclear reactor may not be exported from the 
     United States to a country unless that country--
       (A) has signed an additional protocol to its safeguards 
     agreement with the International Atomic Energy Agency;
       (B) has put in place a comprehensive safeguards agreement 
     and is working toward signing an additional protocol with the 
     International Atomic Energy Agency; or
       (C) is party to a civilian nuclear cooperation agreement 
     under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153) (commonly known as a ``123 Agreement'').
       (p) Joint Assessment Between the United States and India on 
     Nuclear Liability Rules.--
       (1) In general.--The Secretary of State, in consultation 
     with the heads of other relevant Federal departments and 
     agencies, shall establish and maintain within the U.S.-India 
     Strategic Security Dialogue a joint consultative mechanism 
     with the Government of the Republic of India that convenes on 
     a recurring basis--
       (A) to assess the implementation of the Agreement for 
     Cooperation between the Government of the United States of 
     America and the Government of India Concerning Peaceful Uses 
     of Nuclear Energy, signed at Washington October 10, 2008 
     (TIAS 08-1206);
       (B) to discuss opportunities for the Republic of India to 
     align domestic nuclear liability rules with international 
     norms; and
       (C) to develop a strategy for the United States and the 
     Republic of India to pursue bilateral and multilateral 
     diplomatic engagements related to analyzing and implementing 
     those opportunities.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and annually thereafter for 5 years, 
     the Secretary of State, in consultation with the heads of 
     other relevant Federal departments and agencies, shall submit 
     to the appropriate committees of Congress a report that 
     describes the joint assessment developed pursuant to 
     paragraph (1)(A).
       (q) Lessons Learned From the Zaporizhzhya Nuclear Power 
     Plant.--
       (1) Briefing.--
       (A) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of State (or a designee 
     of the Secretary of State) shall provide a briefing to the 
     appropriate committees of Congress regarding the capture of 
     the Zaporizhzhya nuclear power plant by Russian armed forces.
       (B) Requirements.--The briefing required by subparagraph 
     (A) shall focus on--
       (i) events leading up to the capture of the Zaporizhzhya 
     nuclear power plant by Russian armed forces;
       (ii) ongoing efforts to ensure the continued operation of 
     the reactor and the safety and security of the plant;
       (iii) efforts to mitigate potential risks to the 
     surrounding civilian population; and
       (iv) any safety and security measures implemented since the 
     capture.
       (2) Report.--
       (A) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate committees of Congress a report outlining 
     lessons learned from attacks on the Zaporizhzhya nuclear 
     power plant, including--
       (i) the efforts to ensure the safety and security of the 
     Zaporizhzhya nuclear power plant;
       (ii) how those lessons can be applied to other nuclear 
     sites in Ukraine while there is an ongoing threat of armed 
     conflict in Ukraine; and
       (iii) how those lessons could apply to other nuclear power 
     plants in the event of armed conflict.
       (B) Form of report.--The report required by subparagraph 
     (A) shall be submitted in unclassified form but may include a 
     classified annex.
                                 ______
                                 
  SA 153. Mr. MANCHIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, insert the 
     following:

     SEC. 12__. REPORT ON ENERGY POLICY AND COMMERCIAL AND 
                   MILITARY STRATEGIES OF THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of Energy, shall submit to 
     the appropriate committees of Congress a report on--
       (1) the extent to which supply vulnerabilities drive the 
     energy policy of the People's Republic of China; and
       (2) the impact of such policy on the commercial and 
     military strategies of the People's Republic of China.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the oil insecurity of the People's 
     Republic of China and the policies the Government of the 
     People's Republic of China has adopted to mitigate such oil 
     insecurity.
       (2) Recommendations for actions the United States 
     Government may take to complicate such policies.
       (3) An analysis of actions taken by the navy of the 
     People's Liberation Army to challenge the United States Navy 
     in commercial sea lanes and commercial sea routes that are 
     vital to the People's Republic of China.
       (4) An analysis of the feasibility of and the military 
     requirements for, in the event of a conflict with the 
     People's Republic of China,

[[Page S2326]]

     an effective blockade of energy shipments bound for the 
     People's Republic of China, and recommendations for--
       (A) force requirements necessary in the Indian Ocean, the 
     South China Sea, and the Straight of Malacca; and
       (B) incorporating regional allied and partner countries--
       (i) to effectively deter or defeat the navy of the People's 
     Liberation Army; or
       (ii) to implement such a blockade.
       (5) An analysis of the ability of the People's Republic of 
     China to satisfy its energy needs during a crisis or conflict 
     through--
       (A) pipelines;
       (B) overland shipments;
       (C) rationing; and
       (D) stockpiles.
       (6) An identification of commercial projects in South Asia 
     or Central Asia under consideration by the Government of the 
     People's Republic of China to bypass sea routes, and an 
     assessment of the best method for the United States to 
     frustrate or complicate the implementation of such projects.
       (7) Recommendations on the best methods to leverage, for 
     the benefit of United States commercial and military 
     interests in the region, the dependence of the People's 
     Republic of China on oil imports through sea routes.
       (8) An analysis of the role of oil in the energy policy of 
     the People's Republic of China and in the operation of the 
     People's Liberation Army.
       (9) An assessment of the effect that potential disruptions 
     in oil imports would have on the electricity supply, 
     industrial output, and national security of the People's 
     Republic of China.
       (10) Recommendations for executive and congressional 
     action--
       (A) to disrupt efforts by national oil companies of the 
     People's Republic of China to cultivate relations with oil 
     suppliers in the developing world; and
       (B) to counteract the increasing control exercised by such 
     companies over foreign oil production through the use of oil-
     backed loans.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Energy and Natural Resources of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Energy and Commerce of the House of Representatives.
                                 ______
                                 
  SA 154. Mr. MANCHIN (for himself, Mr. Barrasso, and Mr. Risch) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to authorize appropriations for fiscal year 2024 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XXXI, insert the 
     following:

     SEC. 31___. U.S. NUCLEAR FUEL SECURITY INITIATIVE.

       (a) Short Title.--This section may be cited as the 
     ``Nuclear Fuel Security Act of 2023''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Department should--
       (A) prioritize activities to increase domestic production 
     of low-enriched uranium; and
       (B) accelerate efforts to establish a domestic high-assay, 
     low-enriched uranium enrichment capability; and
       (2) if domestic enrichment of high-assay, low-enriched 
     uranium will not be commercially available at the scale 
     needed in time to meet the needs of the advanced nuclear 
     reactor demonstration projects of the Department, the 
     Secretary shall consider and implement, as necessary--
       (A) all viable options to make high-assay, low-enriched 
     uranium produced from inventories owned by the Department 
     available in a manner that is sufficient to maximize the 
     potential for the Department to meet the needs and schedules 
     of advanced nuclear reactor developers, without impacting 
     existing Department missions, until such time that commercial 
     enrichment and deconversion capability for high-assay, low-
     enriched uranium exists at a scale sufficient to meet future 
     needs; and
       (B) all viable options for partnering with countries that 
     are allies or partners of the United States to meet those 
     needs and schedules until that time.
       (c) Objectives.--The objectives of this section are--
       (1) to expeditiously increase domestic production of low-
     enriched uranium;
       (2) to expeditiously increase domestic production of high-
     assay, low-enriched uranium by an annual quantity, and in 
     such form, determined by the Secretary to be sufficient to 
     meet the needs of--
       (A) advanced nuclear reactor developers; and
       (B) the consortium;
       (3) to ensure the availability of domestically produced, 
     converted, enriched, deconverted, and reduced uranium in a 
     quantity determined by the Secretary, in consultation with 
     U.S. nuclear energy companies, to be sufficient to address a 
     reasonably anticipated supply disruption;
       (4) to address gaps and deficiencies in the domestic 
     production, conversion, enrichment, deconversion, and 
     reduction of uranium by partnering with countries that are 
     allies or partners of the United States if domestic options 
     are not practicable;
       (5) to ensure that, in the event of a supply disruption in 
     the nuclear fuel market, a reserve of nuclear fuels is 
     available to serve as a backup supply to support the nuclear 
     nonproliferation and civil nuclear energy objectives of the 
     Department;
       (6) to support enrichment, deconversion, and reduction 
     technology deployed in the United States; and
       (7) to ensure that, until such time that domestic 
     enrichment and deconversion of high-assay, low-enriched 
     uranium is commercially available at the scale needed to meet 
     the needs of advanced nuclear reactor developers, the 
     Secretary considers and implements, as necessary--
       (A) all viable options to make high-assay, low-enriched 
     uranium produced from inventories owned by the Department 
     available in a manner that is sufficient to maximize the 
     potential for the Department to meet the needs and schedules 
     of advanced nuclear reactor developers; and
       (B) all viable options for partnering with countries that 
     are allies or partners of the United States to meet those 
     needs and schedules.
       (d) Definitions.--In this section:
       (1) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' has the meaning given the term in section 951(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
       (2) Associated entity.--The term ``associated entity'' 
     means an entity that--
       (A) is owned, controlled, or dominated by--
       (i) the government of a country that is an ally or partner 
     of the United States; or
       (ii) an associated individual; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, a country that is an ally or partner of 
     the United States, including a corporation that is 
     incorporated in such a country.
       (3) Associated individual.--The term ``associated 
     individual'' means an alien who is a national of a country 
     that is an ally or partner of the United States.
       (4) Consortium.--The term ``consortium'' means the 
     consortium established under section 2001(a)(2)(F) of the 
     Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).
       (5) Department.--The term ``Department'' means the 
     Department of Energy.
       (6) High-assay, low-enriched uranium; haleu.--The term 
     ``high-assay, low-enriched uranium'' or ``HALEU'' means high-
     assay low-enriched uranium (as defined in section 2001(d) of 
     the Energy Act of 2020 (42 U.S.C. 16281(d))).
       (7) Low-enriched uranium; leu.--The term ``low-enriched 
     uranium'' or ``LEU'' means each of--
       (A) low-enriched uranium (as defined in section 3102 of the 
     USEC Privatization Act (42 U.S.C. 2297h)); and
       (B) low-enriched uranium (as defined in section 3112A(a) of 
     that Act (42 U.S.C. 2297h-10a(a))).
       (8) Programs.--The term ``Programs'' means--
       (A) the Nuclear Fuel Security Program established under 
     subsection (e)(1);
       (B) the American Assured Fuel Supply Program of the 
     Department; and
       (C) the HALEU for Advanced Nuclear Reactor Demonstration 
     Projects Program established under subsection (e)(3).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (10) 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.
       (e) Establishment and Expansion of Programs.--The 
     Secretary, consistent with the objectives described in 
     subsection (c), shall--
       (1) establish a program, to be known as the ``Nuclear Fuel 
     Security Program'', to increase the quantity of LEU and HALEU 
     produced by U.S. nuclear energy companies;
       (2) expand the American Assured Fuel Supply Program of the 
     Department to ensure the availability of domestically 
     produced, converted, enriched, deconverted, and reduced 
     uranium in the event of a supply disruption; and
       (3) establish a program, to be known as the ``HALEU for 
     Advanced Nuclear Reactor Demonstration Projects Program''--
       (A) to maximize the potential for the Department to meet 
     the needs and schedules of advanced nuclear reactor 
     developers until such time that commercial enrichment and 
     deconversion capability for HALEU exists in the United States 
     at a scale sufficient to meet future needs; and
       (B) where practicable, to partner with countries that are 
     allies or partners of the United States to meet those needs 
     and schedules until that time.
       (f) Nuclear Fuel Security Program.--
       (1) In general.--In carrying out the Nuclear Fuel Security 
     Program, the Secretary--
       (A) shall--
       (i) not later than 180 days after the date of enactment of 
     this Act, enter into 2 or more contracts to begin acquiring 
     not less than 100 metric tons per year of LEU by December 31, 
     2026 (or the earliest operationally feasible

[[Page S2327]]

     date thereafter), to ensure diversity of supply in domestic 
     uranium mining, conversion, enrichment, and deconversion 
     capacity and technologies, including new capacity, among U.S. 
     nuclear energy companies;
       (ii) not later than 180 days after the date of enactment of 
     this Act, enter into 2 or more contracts with members of the 
     consortium to begin acquiring not less than 20 metric tons 
     per year of HALEU by December 31, 2027 (or the earliest 
     operationally feasible date thereafter), from U.S. nuclear 
     energy companies;
       (iii) utilize only uranium produced, converted, enriched, 
     deconverted, and reduced in--

       (I) the United States; or
       (II) if domestic options are not practicable, a country 
     that is an ally or partner of the United States; and

       (iv) to the maximum extent practicable, ensure that the use 
     of domestic uranium utilized as a result of that program does 
     not negatively affect the economic operation of nuclear 
     reactors in the United States; and
       (B)(i) may not make commitments under this subsection 
     (including cooperative agreements (used in accordance with 
     section 6305 of title 31, United States Code), purchase 
     agreements, guarantees, leases, service contracts, or any 
     other type of commitment) for the purchase or other 
     acquisition of HALEU or LEU unless--
       (I) funds are specifically provided for those purposes in 
     advance in appropriations Acts enacted after the date of 
     enactment of this Act; or
       (II) the commitment is funded entirely by funds made 
     available to the Secretary from the account described in 
     subsection (j)(2)(B); and
       (ii) may make a commitment described in clause (i) only--
       (I) if the full extent of the anticipated costs stemming 
     from the commitment is recorded as an obligation at the time 
     that the commitment is made; and
       (II) to the extent of that up-front obligation recorded in 
     full at that time.
       (2) Considerations.--In carrying out paragraph (1)(A)(ii), 
     the Secretary shall consider and, if appropriate, implement--
       (A) options to ensure the quickest availability of 
     commercially enriched HALEU, including--
       (i) partnerships between 2 or more commercial enrichers; 
     and
       (ii) utilization of up to 10-percent enriched uranium as 
     feedstock in demonstration-scale or commercial HALEU 
     enrichment facilities;
       (B) options to partner with countries that are allies or 
     partners of the United States to provide LEU and HALEU for 
     commercial purposes;
       (C) options that provide for an array of HALEU--
       (i) enrichment levels;
       (ii) output levels to meet demand; and
       (iii) fuel forms, including uranium metal and oxide; and
       (D) options--
       (i) to replenish, as necessary, Department stockpiles of 
     uranium that were intended to be downblended for other 
     purposes, but were instead used in carrying out activities 
     under the HALEU for Advanced Nuclear Reactor Demonstration 
     Projects Program;
       (ii) to continue supplying HALEU to meet the needs of the 
     recipients of an award made pursuant to the funding 
     opportunity announcement of the Department numbered DE-FOA-
     0002271 for Pathway 1, Advanced Reactor Demonstrations; and
       (iii) to make HALEU available to other advanced nuclear 
     reactor developers and other end-users.
       (3) Avoidance of market disruptions.--In carrying out the 
     Nuclear Fuel Security Program, the Secretary, to the extent 
     practicable and consistent with the purposes of that program, 
     shall not disrupt or replace market mechanisms by competing 
     with U.S. nuclear energy companies.
       (g) Expansion of the American Assured Fuel Supply 
     Program.--The Secretary, in consultation with U.S. nuclear 
     energy companies, shall--
       (1) expand the American Assured Fuel Supply Program of the 
     Department by merging the operations of the Uranium Reserve 
     Program of the Department with the American Assured Fuel 
     Supply Program; and
       (2) in carrying out the American Assured Fuel Supply 
     Program of the Department, as expanded under paragraph (1)--
       (A) maintain, replenish, diversify, or increase the 
     quantity of uranium made available by that program in a 
     manner determined by the Secretary to be consistent with the 
     purposes of that program and the objectives described in 
     subsection (c);
       (B) utilize only uranium produced, converted, enriched, 
     deconverted, and reduced in--
       (i) the United States; or
       (ii) if domestic options are not practicable, a country 
     that is an ally or partner of the United States;
       (C) make uranium available from the American Assured Fuel 
     Supply, subject to terms and conditions determined by the 
     Secretary to be reasonable and appropriate;
       (D) refill and expand the supply of uranium in the American 
     Assured Fuel Supply, including by maintaining a limited 
     reserve of uranium to address a potential event in which a 
     domestic or foreign recipient of uranium experiences a supply 
     disruption for which uranium cannot be obtained through 
     normal market mechanisms or under normal market conditions; 
     and
       (E) take other actions that the Secretary determines to be 
     necessary or appropriate to address the purposes of that 
     program and the objectives described in subsection (c).
       (h) HALEU for Advanced Nuclear Reactor Demonstration 
     Projects Program.--
       (1) Activities.--On enactment of this Act, the Secretary 
     shall immediately accelerate and, as necessary, initiate 
     activities to make available from inventories or stockpiles 
     owned by the Department and made available to the consortium, 
     HALEU for use in advanced nuclear reactors that cannot 
     operate on uranium with lower enrichment levels or on 
     alternate fuels, with priority given to the awards made 
     pursuant to the funding opportunity announcement of the 
     Department numbered DE-FOA-0002271 for Pathway 1, Advanced 
     Reactor Demonstrations, with additional HALEU to be made 
     available to other advanced nuclear reactor developers, as 
     the Secretary determines to be appropriate.
       (2) Quantity.--In carrying out activities under this 
     subsection, the Secretary shall consider and implement, as 
     necessary, all viable options to make HALEU available in 
     quantities and forms sufficient to maximize the potential for 
     the Department to meet the needs and schedules of advanced 
     nuclear reactor developers, including by seeking to make 
     available--
       (A) by September 30, 2024, not less than 3 metric tons of 
     HALEU;
       (B) by December 31, 2025, not less than an additional 8 
     metric tons of HALEU; and
       (C) by June 30, 2026, not less than an additional 10 metric 
     tons of HALEU.
       (3) Factors for consideration.--In carrying out activities 
     under this subsection, the Secretary shall take into 
     consideration--
       (A) options for providing HALEU from a stockpile of uranium 
     owned by the Department, including--
       (i) uranium that has been declared excess to national 
     security needs during or prior to fiscal year 2023;
       (ii) uranium that--

       (I) directly meets the needs of advanced nuclear reactor 
     developers; but
       (II) has been previously used or fabricated for another 
     purpose;

       (iii) uranium that can meet the needs of advanced nuclear 
     reactor developers after removing radioactive or other 
     contaminants that resulted from previous use or fabrication 
     of the fuel for research, development, demonstration, or 
     deployment activities of the Department, including activities 
     that reduce the environmental liability of the Department by 
     accelerating the processing of uranium from stockpiles 
     designated as waste;
       (iv) uranium from a high-enriched uranium stockpile 
     (excluding stockpiles intended for national security needs), 
     which can be blended with lower assay uranium to become HALEU 
     to meet the needs of advanced nuclear reactor developers; and
       (v) uranium from stockpiles intended for other purposes 
     (excluding stockpiles intended for national security needs), 
     but for which uranium could be swapped or replaced in time in 
     such a manner that would not negatively impact the missions 
     of the Department;
       (B) options for expanding, or establishing new, 
     capabilities or infrastructure to support the processing of 
     uranium from Department inventories;
       (C) options for accelerating the availability of HALEU from 
     HALEU enrichment demonstration projects of the Department;
       (D) options for providing HALEU from domestically enriched 
     HALEU procured by the Department through a competitive 
     process pursuant to the Nuclear Fuel Security Program 
     established under subsection (e)(1);
       (E) options to replenish, as needed, Department stockpiles 
     of uranium made available pursuant to subparagraph (A) with 
     domestically enriched HALEU procured by the Department 
     through a competitive process pursuant to the Nuclear Fuel 
     Security Program established under subsection (e)(1); and
       (F) options that combine 1 or more of the approaches 
     described in subparagraphs (A) through (E) to meet the 
     deadlines described in paragraph (2).
       (4) Limitations.--
       (A) Certain services.--The Secretary shall not barter or 
     otherwise sell or transfer uranium in any form in exchange 
     for services relating to--
       (i) the final disposition of radioactive waste from uranium 
     that is the subject of a contract for sale, resale, transfer, 
     or lease under this subsection; or
       (ii) environmental cleanup activities.
       (B) Certain commitments.--In carrying out activities under 
     this subsection, the Secretary--
       (i) may not make commitments under this subsection 
     (including cooperative agreements (used in accordance with 
     section 6305 of title 31, United States Code), purchase 
     agreements, guarantees, leases, service contracts, or any 
     other type of commitment) for the purchase or other 
     acquisition of HALEU or LEU unless--

       (I) funds are specifically provided for those purposes in 
     advance in appropriations Acts enacted after the date of 
     enactment of this Act; or
       (II) the commitment is funded entirely by funds made 
     available to the Secretary from the account described in 
     subsection (j)(2)(B); and

       (ii) may make a commitment described in clause (i) only--

[[Page S2328]]

       (I) if the full extent of the anticipated costs stemming 
     from the commitment is recorded as an obligation at the time 
     that the commitment is made; and
       (II) to the extent of that up-front obligation recorded in 
     full at that time.

       (5) Sunset.--The authority of the Secretary to carry out 
     activities under this subsection shall terminate on the date 
     on which the Secretary notifies Congress that the HALEU needs 
     of advanced nuclear reactor developers can be fully met by 
     commercial HALEU suppliers in the United States, as 
     determined by the Secretary, in consultation with U.S. 
     nuclear energy companies.
       (i) Domestic Sourcing Considerations.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may only carry out an activity in connection with 1 
     or more of the Programs if--
       (A) the activity promotes manufacturing in the United 
     States associated with uranium supply chains; or
       (B) the activity relies on resources, materials, or 
     equipment developed or produced--
       (i) in the United States; or
       (ii) in a country that is an ally or partner of the United 
     States by--

       (I) the government of that country;
       (II) an associated entity; or
       (III) a U.S. nuclear energy company.

       (2) Waiver.--The Secretary may waive the requirements of 
     paragraph (1) with respect to an activity if the Secretary 
     determines a waiver to be necessary to achieve 1 or more of 
     the objectives described in subsection (c).
       (j) Reasonable Compensation.--
       (1) In general.--In carrying out activities under this 
     section, the Secretary shall ensure that any LEU and HALEU 
     made available by the Secretary under 1 or more of the 
     Programs is subject to reasonable compensation, taking into 
     account the fair market value of the LEU or HALEU and the 
     purposes of this section.
       (2) Availability of certain funds.--
       (A) In general.--Notwithstanding section 3302(b) of title 
     31, United States Code, revenues received by the Secretary 
     from the sale or transfer of fuel feed material acquired by 
     the Secretary pursuant to a contract entered into under 
     clause (i) or (ii) of subsection (f)(1)(A) shall--
       (i) be deposited in the account described in subparagraph 
     (B);
       (ii) be available to the Secretary for carrying out the 
     purposes of this section, to reduce the need for further 
     appropriations for those purposes; and
       (iii) remain available until expended.
       (B) Revolving fund.--There is established in the Treasury 
     an account into which the revenues described in subparagraph 
     (A) shall be--
       (i) deposited in accordance with clause (i) of that 
     subparagraph; and
       (ii) made available in accordance with clauses (ii) and 
     (iii) of that subparagraph.
       (k) 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.
       (l) USEC Privatization Act.--The requirements of section 
     3112(d)(2) of the USEC Privatization Act (42 U.S.C. 2297h-
     10(d)(2)) shall not apply to activities related to the 
     Programs.
       (m) National Security Needs.--The Secretary shall only make 
     available to a member of the consortium under this section 
     for commercial use or use in a demonstration project material 
     that the President has determined is not necessary for 
     national security needs during or prior to fiscal year 2023, 
     subject to the condition that the material made available 
     shall not include any material that the Secretary determines 
     to be necessary for the National Nuclear Security 
     Administration or any critical mission of the Department.
       (n) International Agreements.--This section shall be 
     applied in a manner consistent with the obligations of the 
     United States under international agreements.
       (o) Report on Civil Nuclear Credit Program.--Not later than 
     180 days after the date of enactment of this Act, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report that identifies the anticipated funding 
     requirements for the civil nuclear credit program described 
     in section 40323 of the Infrastructure Investment and Jobs 
     Act (42 U.S.C. 18753), taking into account--
       (1) the zero-emission nuclear power production credit 
     authorized by section 45U of the Internal Revenue Code of 
     1986; and
       (2) any increased fuel costs associated with the use of 
     domestic fuel that may arise from the implementation of that 
     program.
       (p) Supply Chain Infrastructure and Workforce Capacity 
     Building.--
       (1) Supply chain infrastructure.--Section 10781(b)(1) of 
     Public Law 117-167 (commonly known as the ``CHIPS and Science 
     Act of 2022'') (42 U.S.C. 19351(b)(1)) is amended by striking 
     ``and demonstration of advanced nuclear reactors'' and 
     inserting ``demonstration, and deployment of advanced nuclear 
     reactors and associated supply chain infrastructure''.
       (2) Workforce capacity building.--Section 954(b) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16274(b)) is amended--
       (A) in the subsection heading, by striking ``Graduate'';
       (B) by striking ``graduate'' each place it appears;
       (C) in paragraph (2)(A), by inserting ``community colleges, 
     trade schools, registered apprenticeship programs, pre-
     apprenticeship programs,'' after ``universities,'';
       (D) in paragraph (3), by striking ``2021 through 2025'' and 
     inserting ``2023 through 2027'';
       (E) by redesignating paragraph (3) as paragraph (4); and
       (F) by inserting after paragraph (2) the following:
       ``(A) Focus areas.--In carrying out the subprogram under 
     this subsection, the Secretary may implement traineeships in 
     focus areas that, in the determination of the Secretary, are 
     necessary to support the nuclear energy sector in the United 
     States, including--
       ``(i) research and development;
       ``(ii) construction and operation;
       ``(iii) associated supply chains; and
       ``(iv) workforce training and retraining to support 
     transitioning workforces.''.

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