[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[Senate]
[Pages S3403-S3407]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 952. 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 S3404]]

       (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 
     provides reasonable assurance of 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) appropriate officials of any 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 any 
     Federal agency or organization that the President determines 
     to be appropriate; 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) any Federal agency that the President determines to be 
     appropriate; and
       (ii) 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 United States 
     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 and coordinate with the President of 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 any Federal agency that 
     the President determines to be appropriate; and
       (E) coordinate with the Export-Import Bank of the United 
     States to improve the efficient and effective exporting 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, acting through an 
     appropriate Federal official, who may be the Assistant (if 
     appointed) or the Chief Executive Officer of the United 
     States International Development Finance Corporation, if 
     determined to be appropriate, and in coordination with the 
     officials described in subsection (c)(2), shall 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;

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       (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 any Federal agency that the 
     President determines to be appropriate.
       ``(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 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

[[Page S3406]]

     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 any 
     Federal agency or organization that the President determines 
     to be appropriate;
       (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

[[Page S3407]]

       (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.
                                 ______