Recoup American Nuclear Global Leadership Act



<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3486 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3486

      To exert American nuclear leadership by establishing global 
  relationships and facilitating civil nuclear trade strategies with 
           embarking nuclear nations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2023

 Mr. Donalds introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
      To exert American nuclear leadership by establishing global 
  relationships and facilitating civil nuclear trade strategies with 
           embarking nuclear nations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recoup American Nuclear Global 
Leadership Act''.

SEC. 2. CIVIL NUCLEAR COORDINATION AND STRATEGY.

    (a) White House Focal Point on Civil Nuclear Coordination.--
            (1) Sense of congress.--Given the critical importance of 
        developing and implementing, with input from various agencies 
        throughout the executive branch, a cohesive policy with respect 
        to international efforts related to civil nuclear energy, it is 
        the sense of Congress that--
                    (A) there should be a focal point within the White 
                House, which may, if determined to be appropriate, 
                report to the National Security Council, for 
                coordination on issues relating to those efforts;
                    (B) to provide that focal point, the President 
                should establish, within the Executive Office of the 
                President, an office, to be known as the ``Office of 
                the Assistant to the President and Director for 
                International Nuclear Energy Policy'' (referred to in 
                this subsection as the ``Office'');
                    (C) the Office should act as a coordinating office 
                for--
                            (i) international civil nuclear 
                        cooperation; and
                            (ii) civil nuclear export strategy;
                    (D) the Office should be headed by an individual 
                appointed as an Assistant to the President with the 
                title of ``Director for International Nuclear Energy 
                Policy''; and
                    (E) the Office should--
                            (i) coordinate civil nuclear export 
                        policies for the United States;
                            (ii) develop, in coordination with the 
                        officials described in paragraph (2), a 
                        cohesive Federal strategy for engagement with 
                        foreign governments (including ally or partner 
                        nations and the governments of embarking civil 
                        nuclear nations), associated entities, and 
                        associated individuals with respect to civil 
                        nuclear exports;
                            (iii) coordinate with the officials 
                        described in paragraph (2) to ensure that 
                        necessary framework agreements and trade 
                        controls relating to civil nuclear materials 
                        and technologies are in place for key markets; 
                        and
                            (iv) develop--
                                    (I) a whole-of-government 
                                coordinating strategy for civil nuclear 
                                cooperation;
                                    (II) a whole-of-government strategy 
                                for civil nuclear exports; and
                                    (III) a whole-of-government 
                                approach to support appropriate foreign 
                                investment in civil nuclear energy 
                                projects supported by the United States 
                                in embarking civil nuclear nations.
            (2) Officials described.--The officials referred to in 
        paragraph (1)(E) are--
                    (A) the appropriate officials of--
                            (i) the Department of State;
                            (ii) the Department of Energy;
                            (iii) the Department of Commerce;
                            (iv) the Department of Transportation;
                            (v) the Nuclear Regulatory Commission;
                            (vi) the Department of Defense;
                            (vii) the National Security Council;
                            (viii) the National Economic Council;
                            (ix) the Office of the United States Trade 
                        Representative;
                            (x) the Office of Management and Budget;
                            (xi) the Office of the Director of National 
                        Intelligence;
                            (xii) the Export-Import Bank of the United 
                        States;
                            (xiii) the United States International 
                        Development Finance Corporation;
                            (xiv) the United States Agency for 
                        International Development;
                            (xv) the United States Trade and 
                        Development Agency;
                            (xvi) the Office of Science and Technology 
                        Policy; and
                            (xvii) any other Federal agency that the 
                        President determines to be appropriate; and
                    (B) appropriate officials representing foreign 
                countries and governments, including--
                            (i) ally or partner nations;
                            (ii) embarking civil nuclear nations; and
                            (iii) any other country or government that 
                        the Assistant (if appointed) and the officials 
                        described in subparagraph (A) jointly determine 
                        to be appropriate.
    (b) Nuclear Exports Working Group.--
            (1) Establishment.--There is established a working group, 
        to be known as the ``Nuclear Exports Working Group'' (referred 
        to in this subsection as the ``working group'').
            (2) Composition.--The working group shall be composed of--
                    (A) senior-level Federal officials, selected 
                internally by the applicable Federal agency or 
                organization, from--
                            (i) the Department of State;
                            (ii) the Department of Commerce;
                            (iii) the Department of Energy;
                            (iv) the Department of the Treasury;
                            (v) the Export-Import Bank of the United 
                        States;
                            (vi) the United States International 
                        Development Finance Corporation;
                            (vii) the Nuclear Regulatory Commission;
                            (viii) the Office of the United States 
                        Trade Representative; and
                            (ix) the United States Trade and 
                        Development Agency; and
                    (B) other senior-level Federal officials, selected 
                internally by the applicable Federal agency or 
                organization, from any other Federal agency or 
                organization that the Secretary determines to be 
                appropriate.
            (3) Reporting.--The working group shall report to the 
        appropriate White House official, which may be the Assistant 
        (if appointed).
            (4) Duties.--The working group shall coordinate, not less 
        frequently than quarterly, with the Civil Nuclear Trade 
        Advisory Committee of the Department of Commerce, the Nuclear 
        Energy Advisory Committee of the Department of Energy, and 
        other advisory or stakeholder groups, as necessary, to maintain 
        an accurate and up-to-date knowledge of the standing of civil 
        nuclear exports from the United States, including with respect 
        to meeting the targets established as part of the 10-year civil 
        nuclear trade strategy described in paragraph (5)(A).
            (5) Strategy.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the working group shall 
                establish a 10-year civil nuclear trade strategy, 
                including biennial targets for the export of civil 
                nuclear technologies, including light water and non-
                light water reactors and associated equipment and 
                technologies, civil nuclear materials, and nuclear fuel 
                that align with meeting international energy demand 
                while seeking to avoid or reduce emissions.
                    (B) Collaboration required.--In establishing the 
                strategy under subparagraph (A), the working group 
                shall collaborate with--
                            (i) the Secretary;
                            (ii) the Secretary of Commerce;
                            (iii) the Secretary of State;
                            (iv) the Secretary of the Treasury;
                            (v) the Nuclear Regulatory Commission;
                            (vi) the President of the Export-Import 
                        Bank of the United States;
                            (vii) the Chief Executive Officer of the 
                        United States International Development Finance 
                        Corporation;
                            (viii) the United States Trade 
                        Representative; and
                            (ix) representatives of private industry.

SEC. 3. ENGAGEMENT WITH ALLY OR PARTNER NATIONS.

    (a) In General.--The President shall launch, in accordance with 
applicable nuclear technology export laws (including regulations), an 
international initiative to modernize civil nuclear outreach to 
embarking civil nuclear nations in order to improve the efficient and 
effective exporting and importing of civil nuclear technologies and 
materials.
    (b) Financing.--In carrying out the initiative described in 
subsection (a), the President, acting through an appropriate Federal 
official, who may be the Assistant (if appointed) or the Chief 
Executive Officer of the International Development Finance Corporation, 
if determined to be appropriate, and in coordination with the officials 
described in section 2(a)(2), may, if the President determines to be 
appropriate, seek to establish cooperative financing relationships for 
the export of civil nuclear technology, components, materials, and 
infrastructure to embarking civil nuclear nations.
    (c) Activities.--In carrying out the initiative described in 
subsection (a), the President shall--
            (1) assist nongovernmental organizations and appropriate 
        offices, administrations, agencies, laboratories, and programs 
        of the Department of Energy and other relevant Federal agencies 
        and offices in providing education and training to foreign 
        governments in nuclear safety, security, and safeguards--
                    (A) through engagement with the International 
                Atomic Energy Agency; or
                    (B) independently, if the applicable entity 
                determines that it would be more advantageous under the 
                circumstances to provide the applicable education and 
                training independently;
            (2) assist the efforts of the International Atomic Energy 
        Agency to expand the support provided by the International 
        Atomic Energy Agency to embarking civil nuclear nations for 
        nuclear safety, security, and safeguards;
            (3) coordinate the work of the Chief Executive Officer of 
        the United States International Development Finance Corporation 
        and the Export-Import Bank of the United States to expand 
        outreach to the private investment community to create public-
        private financing relationships to assist in the adoption of 
        civil nuclear technologies by embarking civil nuclear nations, 
        including through exports from the United States; and
            (4) seek to better coordinate, to the maximum extent 
        practicable, the work carried out by each of--
                    (A) the Nuclear Regulatory Commission;
                    (B) the Department of Energy;
                    (C) the Department of Commerce;
                    (D) the Nuclear Energy Agency;
                    (E) the International Atomic Energy Agency; and
                    (F) the nuclear regulatory agencies and 
                organizations of embarking civil nuclear nations and 
                ally or partner nations.

SEC. 4. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR PARTNER 
              NATIONS AND EMBARKING CIVIL NUCLEAR NATIONS.

    (a) In General.--The President shall designate an appropriate White 
House official, who may be the Assistant (if appointed), and the Chief 
Executive Officer of the United States International Development 
Finance Corporation to coordinate with the officials described in 
section 2(a)(2) to develop, as the President determines to be 
appropriate, financing relationships with ally or partner nations to 
assist in the adoption of civil nuclear technologies exported from the 
United States or ally or partner nations to embarking civil nuclear 
nations.
    (b) United States Competitiveness Clauses.--
            (1) Definition of united states competitiveness clause.--In 
        this subsection, the term ``United States competitiveness 
        clause'' means any United States competitiveness provision in 
        any agreement entered into by the Department of Energy, 
        including--
                    (A) a cooperative agreement;
                    (B) a cooperative research and development 
                agreement; and
                    (C) a patent waiver.
            (2) Consideration.--In carrying out subsection (a), the 
        relevant officials described in that subsection shall consider 
        the impact of United States competitiveness clauses on any 
        financing relationships entered into or proposed to be entered 
        into under that subsection.
            (3) Waiver.--The Secretary shall facilitate waivers of 
        United States competitiveness clauses as necessary to 
        facilitate financing relationships with ally or partner nations 
        under subsection (a).

SEC. 5. COOPERATION WITH ALLY OR PARTNER NATIONS ON ADVANCED NUCLEAR 
              REACTOR DEMONSTRATION AND COOPERATIVE RESEARCH FACILITIES 
              FOR CIVIL NUCLEAR ENERGY.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of State, in coordination with the Secretary 
and the Secretary of Commerce, shall conduct bilateral and multilateral 
meetings with not fewer than 5 ally or partner nations, with the aim of 
enhancing nuclear energy cooperation among those ally or partner 
nations and the United States, for the purpose of developing 
collaborative relationships with respect to research, development, 
licensing, and deployment of advanced nuclear reactor technologies for 
civil nuclear energy.
    (b) Requirement.--The meetings described in subsection (a) shall 
include--
            (1) a focus on cooperation to demonstrate and deploy 
        advanced nuclear reactors, with an emphasis on U.S. nuclear 
        energy companies, during the 10-year period beginning on the 
        date of enactment of this Act to provide options for addressing 
        energy security and climate change; and
            (2) a focus on developing a memorandum of understanding or 
        any other appropriate agreement between the United States and 
        ally or partner nations with respect to--
                    (A) the demonstration and deployment of advanced 
                nuclear reactors; and
                    (B) the development of cooperative research 
                facilities.
    (c) Financing Arrangements.--In conducting the meetings described 
in subsection (a), the Secretary of State, in coordination with the 
Secretary and the Secretary of Commerce, shall seek to develop 
financing arrangements to share the costs of the demonstration and 
deployment of advanced nuclear reactors and the development of 
cooperative research facilities with the ally or partner nations 
participating in those meetings.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary, the Secretary of State, and the Secretary of 
Commerce shall jointly submit to Congress a report highlighting 
potential partners--
            (1) for the establishment of cost-share arrangements 
        described in subsection (c); or
            (2) with which the United States may enter into agreements 
        with respect to--
                    (A) the demonstration of advanced nuclear reactors; 
                or
                    (B) cooperative research facilities.

SEC. 6. INTERNATIONAL CIVIL NUCLEAR ENERGY COOPERATION.

    Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 16279b) is 
amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``The Secretary'' and inserting the following:
    ``(a) In General.--The Secretary'';
            (2) in subsection (a) (as so designated)--
                    (A) in paragraph (1)--
                            (i) by striking ``financing,''; and
                            (ii) by striking ``and'' after the 
                        semicolon at the end;
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``preparations for''; and
                            (ii) in subparagraph (C)(v), by striking 
                        the period at the end and inserting a 
                        semicolon; and
                    (C) by adding at the end the following:
            ``(3) to support, in coordination with the Secretary of 
        State, the safe, secure, and peaceful use of civil nuclear 
        technology in countries developing nuclear energy programs, 
        with a focus on countries that have increased civil nuclear 
        cooperation with the Russian Federation or the People's 
        Republic of China; and
            ``(4) to promote the fullest utilization of the reactors, 
        fuel, equipment, services, and technology of U.S. nuclear 
        energy companies (as defined in section 7 of the Recoup 
        American Nuclear Global Leadership Act) in civil nuclear energy 
        programs outside the United States through--
                    ``(A) bilateral and multilateral arrangements 
                developed and executed in coordination with the 
                Secretary of State that contain commitments for the 
                utilization of the reactors, fuel, equipment, services, 
                and technology of U.S. nuclear energy companies (as 
                defined in that section);
                    ``(B) the designation of 1 or more U.S. nuclear 
                energy companies (as defined in that section) to 
                implement an arrangement under subparagraph (A) if the 
                Secretary determines that the designation is necessary 
                and appropriate to achieve the objectives of this 
                section;
                    ``(C) the waiver of any provision of law relating 
                to competition with respect to any activity related to 
                an arrangement under subparagraph (A) if the Secretary, 
                in consultation with the Attorney General and the 
                Secretary of Commerce, determines that a waiver is 
                necessary and appropriate to achieve the objectives of 
                this section; and
                    ``(D) the issuance of loans, loan guarantees, other 
                financial assistance, or assistance in the form of an 
                equity interest to carry out activities related to an 
                arrangement under subparagraph (A), to the extent 
                appropriated funds are available.''; and
            (3) by adding at the end the following:
    ``(b) Requirements.--The program under subsection (a) shall be 
supported in consultation with the Secretary of State and implemented 
by the Secretary--
            ``(1) to facilitate, to the maximum extent practicable, 
        workshops and expert-based exchanges to engage industry, 
        stakeholders, and foreign governments with respect to 
        international civil nuclear issues, such as--
                    ``(A) training;
                    ``(B) financing;
                    ``(C) safety;
                    ``(D) security;
                    ``(E) safeguards;
                    ``(F) liability;
                    ``(G) advanced fuels;
                    ``(H) operations; and
                    ``(I) options for multinational cooperation with 
                respect to the disposal of spent nuclear fuel (as 
                defined in section 2 of the Nuclear Waste Policy Act of 
                1982 (42 U.S.C. 10101)); and
            ``(2) in coordination with--
                    ``(A) the National Security Council;
                    ``(B) the Secretary of State;
                    ``(C) the Secretary of Commerce; and
                    ``(D) the Nuclear Regulatory Commission.''.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Advanced nuclear reactor.--The term ``advanced nuclear 
        reactor'' means--
                    (A) a nuclear fission reactor, including a 
                prototype plant (as defined in sections 50.2 and 52.1 
                of title 10, Code of Federal Regulations (or successor 
                regulations)), with significant improvements compared 
                to reactors operating on October 19, 2016, including 
                improvements such as--
                            (i) additional inherent safety features;
                            (ii) lower waste yields;
                            (iii) improved fuel and material 
                        performance;
                            (iv) increased tolerance to loss of fuel 
                        cooling;
                            (v) enhanced reliability or improved 
                        resilience;
                            (vi) increased proliferation resistance;
                            (vii) increased thermal efficiency;
                            (viii) reduced consumption of cooling water 
                        and other environmental impacts;
                            (ix) the ability to integrate into electric 
                        applications and nonelectric applications;
                            (x) modular sizes to allow for deployment 
                        that corresponds with the demand for 
                        electricity or process heat; and
                            (xi) operational flexibility to respond to 
                        changes in demand for electricity or process 
                        heat and to complement integration with 
                        intermittent renewable energy or energy 
                        storage;
                    (B) a fusion reactor; and
                    (C) a radioisotope power system that utilizes heat 
                from radioactive decay to generate energy.
            (2) Ally or partner nation.--The term ``ally or partner 
        nation'' means--
                    (A) the Government of any country that is a member 
                of the Organisation for Economic Co-operation and 
                Development;
                    (B) the Government of the Republic of India; and
                    (C) the Government of any country designated as an 
                ally or partner nation by the Secretary of State for 
                purposes of this Act.
            (3) Assistant.--The term ``Assistant'' means the Assistant 
        to the President and Director for International Nuclear Energy 
        Policy described in section 2(a)(1)(D).
            (4) Associated entity.--The term ``associated entity'' 
        means an entity that--
                    (A) is owned, controlled, or operated by--
                            (i) an ally or partner nation; or
                            (ii) an associated individual; or
                    (B) is organized under the laws of, or otherwise 
                subject to the jurisdiction of, a country described in 
                paragraph (2), including a corporation that is 
                incorporated in a country described in that paragraph.
            (5) Associated individual.--The term ``associated 
        individual'' means a foreign national who is a national of a 
        country described in paragraph (2).
            (6) Civil nuclear.--The term ``civil nuclear'' means 
        activities relating to--
                    (A) nuclear plant construction;
                    (B) nuclear fuel services;
                    (C) nuclear energy financing;
                    (D) nuclear plant operations;
                    (E) nuclear plant regulation;
                    (F) nuclear medicine;
                    (G) nuclear safety;
                    (H) community engagement in areas in reasonable 
                proximity to nuclear sites;
                    (I) infrastructure support for nuclear energy;
                    (J) nuclear plant decommissioning;
                    (K) nuclear liability;
                    (L) safe storage and safe disposal of spent nuclear 
                fuel;
                    (M) environmental safeguards;
                    (N) nuclear nonproliferation and security; and
                    (O) technology related to the matters described in 
                subparagraphs (A) through (N).
            (7) Embarking civil nuclear nation.--
                    (A) In general.--The term ``embarking civil nuclear 
                nation'' means a country that--
                            (i) does not have a civil nuclear energy 
                        program;
                            (ii) is in the process of developing or 
                        expanding a civil nuclear energy program, 
                        including safeguards and a legal and regulatory 
                        framework, for--
                                    (I) nuclear safety;
                                    (II) nuclear security;
                                    (III) radioactive waste management;
                                    (IV) civil nuclear energy;
                                    (V) environmental safeguards;
                                    (VI) community engagement in areas 
                                in reasonable proximity to nuclear 
                                sites;
                                    (VII) nuclear liability; or
                                    (VIII) advanced nuclear reactor 
                                licensing;
                            (iii) is in the process of selecting, 
                        developing, constructing, or utilizing advanced 
                        light water reactors, advanced nuclear 
                        reactors, or advanced civil nuclear 
                        technologies; or
                            (iv) had an annual per capita gross 
                        domestic product of not more than $28,000 in 
                        2020.
                    (B) Exclusions.--The term ``embarking civil nuclear 
                nation'' does not include--
                            (i) the People's Republic of China;
                            (ii) the Russian Federation;
                            (iii) the Republic of Belarus;
                            (iv) the Islamic Republic of Iran;
                            (v) the Democratic People's Republic of 
                        Korea;
                            (vi) the Republic of Cuba;
                            (vii) the Bolivarian Republic of Venezuela;
                            (viii) the Syrian Arab Republic;
                            (ix) Burma; or
                            (x) any other country--
                                    (I) the property or interests in 
                                property of the government of which are 
                                blocked pursuant to the International 
                                Emergency Economic Powers Act (50 
                                U.S.C. 1701 et seq.); or
                                    (II) the government of which the 
                                Secretary of State has determined has 
                                repeatedly provided support for acts of 
                                international terrorism for purposes 
                                of--
                                            (aa) section 620A(a) of the 
                                        Foreign Assistance Act of 1961 
                                        (22 U.S.C. 2371(a));
                                            (bb) section 40(d) of the 
                                        Arms Export Control Act (22 
                                        U.S.C. 2780(d));
                                            (cc) section 
                                        1754(c)(1)(A)(i) of the Export 
                                        Control Reform Act of 2018 (50 
                                        U.S.C. 4813(c)(1)(A)(i)); or
                                            (dd) any other relevant 
                                        provision of law.
            (8) Nuclear safety.--The term ``nuclear safety'' means 
        issues relating to the design, construction, operation, or 
        decommissioning of nuclear facilities in a manner that provides 
        reasonable assurance of adequate protection for workers, the 
        public, and the environment, including--
                    (A) the safe operation of nuclear reactors and 
                other nuclear facilities;
                    (B) radiological protection of--
                            (i) members of the public;
                            (ii) workers; and
                            (iii) the environment;
                    (C) nuclear waste management;
                    (D) emergency preparedness;
                    (E) nuclear liability; and
                    (F) the safe transportation of nuclear materials.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (10) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
        has the meaning given the term in section 2 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101).
            (11) U.S. nuclear energy company.--The term ``U.S. nuclear 
        energy company'' means a company that--
                    (A) is organized under the laws of, or otherwise 
                subject to the jurisdiction of, the United States; and
                    (B) is involved in the nuclear energy industry.
                                 &lt;all&gt;
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