International Nuclear Energy Act

To facilitate the development of a whole-of-government strategy for nuclear cooperation and nuclear exports. 1. Short title This Act may be cited as the International Nuclear Energy Act of 2022 2. Definitions In this Act: (1) Advanced nuclear reactor The term advanced nuclear reactor 42 U.S.C. 16271(b) (2) Ally or partner nation The term ally or partner nation (A) A country that is a member of the North Atlantic Treaty Organization. (B) Japan. (C) The Republic of Korea. (D) Australia. (E) Switzerland. (F) Sweden. (G) Finland. (H) Any other country designated as an ally or partner nation by the Secretary of State for purposes of this Act. (3) Assistant The term Assistant (4) Associated entity The term associated entity (A) is owned, controlled, or dominated by— (i) an ally or partner nation; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in any of subparagraphs (A) through (H) of paragraph (2), including a corporation that is incorporated in a country described in any of those subparagraphs. (5) Associated individual The term associated individual (6) Center The term Center (7) Embarking civil nuclear energy nation The term embarking civil nuclear energy nation (A) does not have a civil nuclear program; (B) 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) nuclear liability; or (vi) advanced nuclear reactor licensing; or (C) is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced nuclear technologies. (8) High-assay low-enriched uranium The term high-assay low-enriched uranium 42 U.S.C. 16281(d) (9) Low-enriched uranium The term low-enriched uranium (A) low-enriched uranium (as defined in section 3102 of the USEC Privatization Act ( 42 U.S.C. 2297h (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))). (10) National Strategic Uranium Reserve The term National Strategic Uranium Reserve (11) Nuclear safety The term nuclear safety (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. (12) Secretary The term Secretary (13) Spent nuclear fuel The term spent nuclear fuel 42 U.S.C. 10101 (14) Team USA The term Team USA (A) nuclear plant construction; (B) nuclear fuel services; (C) nuclear energy financing; (D) nuclear plant operations; (E) nuclear plant regulation; (F) nuclear medicine; (G) infrastructure support for nuclear energy; (H) nuclear plant decommissioning; (I) nuclear liability; (J) storage and disposal of spent nuclear fuel; and (K) technology related to the matters described in subparagraphs (A) through (J). (15) U.S. nuclear energy company The term U.S. nuclear energy company (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. 3. Civil nuclear coordination and strategy (a) Office of the Assistant to the President and Director for Nuclear Energy Policy (1) Establishment There is established in the Executive Office of the President an office, to be known as the Office of the Assistant to the President and Director for Nuclear Energy Policy Office (2) Mission The Office shall act as the single coordinating office for— (A) civil nuclear cooperation; and (B) civil nuclear export strategy. (3) Leadership (A) Assistant (i) In general The Office shall be headed by the Assistant to the President and Director for Nuclear Energy Policy, who shall be appointed by the President. (ii) Reporting The Assistant shall report directly to the President. (B) Deputy Assistant (i) In general The Assistant shall appoint a Deputy Assistant with experience in advising on civil nuclear project development and financing. (ii) Reporting The Deputy Assistant shall report directly to the Assistant. (4) Duties (A) In general The Assistant, in consultation with the Deputy Assistant, shall— (i) coordinate the civil nuclear export policy of the United States; (ii) develop 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, associated individuals, and international lending institutions with respect to civil nuclear exports; (iii) coordinate with the officials described in subparagraph (B) 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 foreign investment in domestic construction projects. (B) Officials described The officials referred to in subparagraph (A)(iii) are— (i) the appropriate officials of— (I) the Department of State; (II) the Department of Energy; (III) the Department of Commerce; (IV) the Nuclear Regulatory Commission; (V) the Department of Defense; (VI) the National Security Council; (VII) the National Economic Council; (VIII) the Office of the United States Trade Representative; (IX) the Office of Management and Budget; (X) the Office of the Director of National Intelligence; (XI) the Export-Import Bank of the United States; (XII) the United States International Development Finance Corporation; (XIII) the United States Trade and Development Agency; and (XIV) the Office of Science and Technology Policy; and (ii) 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, in consultation with the Deputy Assistant and the officials described in clause (i), determines to be appropriate. (5) Staff (A) Senior advisors (i) In general The Assistant shall select a staff of not fewer than 4, and not more than 6, Senior Advisors to assist in the mission of the Office. (ii) Requirement The Senior Advisors selected under clause (i) shall be composed of individuals with diverse industry and government backgrounds, including individuals with backgrounds in— (I) project financing; (II) construction development and management; (III) contract structuring, risk allocation, and nuclear liability; (IV) regulatory, licensing, and safeguards processes; (V) civil nuclear electric and nonelectric applications of nuclear technologies; (VI) government-to-government negotiations; (VII) social acceptance and environmental justice; (VIII) human infrastructure development; (IX) major project development; (X) international infrastructure financing; and (XI) nuclear safety and security requirements. (B) Other staff The Assistant may hire such other additional personnel as may be necessary to carry out the mission of the Office. (6) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2023 through 2027. (b) Nuclear Exports Working Group (1) Establishment There is established a working group, to be known as the Nuclear Exports Working Group 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; (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the Assistant from any Federal agency or organization. (3) Reporting The working group shall report to the Assistant. (4) Duties The working group shall— (A) provide direction and advice to the Assistant; and (B) submit to the Civil Nuclear Trade Advisory Committee of the Department of Commerce and the Nuclear Energy Advisory Committee of the Department of Energy quarterly reports on the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 5-year civil nuclear trade strategy described in paragraph (5)(A). (5) Strategy (A) In general Not later than 1 year after the date of enactment of this Act, the working group shall establish a 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. 4. Engagement with ally or partner nations (a) In general The Secretary of State, in coordination with the Secretary, the Nuclear Regulatory Commission, Team USA, and the Assistant, shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach carried out by the United States for the purpose of establishing cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to countries in the coalition described in subsection (b). (b) Coalition described The coalition referred to in subsection (a) is a coalition of countries that— (1) is developed for purposes of carrying out the initiative described in subsection (a); and (2) includes each ally or partner nation that is willing to participate in the coalition. (c) Activities In carrying out the initiative described in subsection (a), the Secretary of State shall— (1) assist nongovernmental organizations and appropriate offices, administrations, agencies, laboratories, and programs of the Department of Energy 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 energy nations for nuclear safety, security, and safeguards; (3) expand outreach by the Assistant to the private investment community to create public-private financing relationships to assist in the export of civil nuclear technology to countries in the coalition described in subsection (b); (4) seek to 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 International Atomic Energy Agency; (E) the Nuclear Energy Agency; and (F) the nuclear regulatory agencies and organizations of embarking civil nuclear energy nations and ally or partner nations; and (5) improve the regulatory framework to allow for the expeditious exporting and importing of civil nuclear technologies and materials. 5. Cooperative financing relationships with ally or partner nations and embarking civil nuclear energy nations (a) In general The Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, and the Chief Executive Officer of the United States International Development Finance Corporation, in coordination with the Assistant, shall develop cooperative financing relationships with ally or partner nations or embarking civil nuclear energy nations to advance civil nuclear exports from the United States to ally or partner nations or embarking civil nuclear energy nations. (b) United States competitiveness clauses (1) Definition of United States competitiveness clause In this subsection, the term United States competitiveness clause (A) a cooperative agreement; (B) a cooperative research and development agreement; and (C) a patent waiver. (2) Consideration In carrying out subsection (a), the Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, and the Chief Executive Officer of the United States International Development Finance Corporation shall consider the impact of United States competitiveness clauses on any cooperative 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 cooperative financing relationships with ally or partner nations or embarking civil nuclear energy nations under subsection (a). 6. Fast-track procedures and export controls Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate a regulation revising part 810 of title 10, Code of Federal Regulations, to establish fast-track procedures for obtaining specific authorizations for exports, which may be similar to existing fast-track procedures in existing Federal export-control regulations— (1) for deemed exports to— (A) a list of countries defined by the Secretary; (B) a list of countries defined by the Secretary of State; (C) a list of countries defined by the Secretary of the Treasury; (D) a list of countries defined by the Secretary of Commerce; or (E) destinations based on country criteria defined by the Secretary; or (2) for widely deployed technologies available from multiple suppliers, such as light water reactor technology. 7. Cooperation with ally or partner nations on advanced nuclear reactor demonstration and cooperative research facilities (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, the Secretary of Commerce, and the Assistant, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies. (b) Requirement The meetings described in subsection (a) shall include— (1) a focus on cooperation to demonstrate and deploy advanced nuclear reactors, 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 climate change by 2050; and (2) a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to— (A) the demonstration and deployment of advanced nuclear reactors; and (B) the 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, the Secretary of Commerce, and the Assistant, 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. 8. International nuclear energy cooperation Section 959B of the Energy Policy Act of 2005 ( 42 U.S.C. 16279b (1) in the matter preceding paragraph (1), by striking The Secretary (a) In general The Secretary ; (2) in subsection (a) (as so designated)— (A) in paragraph (1)— (i) by striking financing, (ii) by striking and (B) in paragraph (2)— (i) in subparagraph (A), by striking preparations for (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 consultation with the Secretary of State, the safe, secure, and peaceful use of nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People’s Republic of China; and (4) to promote the fullest utilization of United States reactors, fuel, equipment, services, and technology in nuclear energy programs outside the United States through— (A) bilateral and multilateral arrangements that contain commitments for the utilization of United States reactors, fuel, equipment, services, and technology; (B) the designation of 1 or more U.S. nuclear energy companies (as defined in section 2 of the International Nuclear Energy Act of 2022 (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— (1) with respect to the function described in subsection (a)(3), be modeled after the International Military Education and Training program of the Department of State; and (2) be carried out— (A) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as— (i) training; (ii) financing; (iii) safety; (iv) security; (v) safeguards; (vi) liability; (vii) advanced fuels; (viii) operations; and (ix) 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 (B) in coordination with— (i) the National Security Council; (ii) the Secretary of State; (iii) the Secretary of Commerce; and (iv) the Nuclear Regulatory Commission. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out subsection (a)(3) $15,500,000 for each of fiscal years 2022 through 2026. . 9. International civil nuclear program support (a) 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, shall launch an international initiative (referred to in this section as the initiative (1) to embarking civil nuclear energy nations for activities relating to the development of civil nuclear programs; and (2) to ally or partner nations for the construction of nuclear reactors and advanced nuclear reactors. (b) Grants (1) In general In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant, may award not more than 1 grant to each country, including each embarking civil nuclear energy nation, each fiscal year. (2) Amount The amount of a grant awarded under the initiative shall be not more than $5,500,000. (3) Limitation The Secretary of State, in coordination with the Secretary and the Assistant, may award not more than a total of 5 grants under the initiative to a single country, including each embarking civil nuclear energy nation. (c) Senior advisors (1) In general In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant, shall provide a grant to an embarking civil nuclear energy nation with the option for 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. (2) Requirement A senior advisor described in paragraph (1) shall seek 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: (A) The development of financing relationships. (B) The development of a standardized financing and project management framework for the construction of nuclear power plants. (C) The development of a standardized licensing framework for— (i) light water civil nuclear technologies; and (ii) non-light water civil nuclear technologies and advanced nuclear reactors. (D) The identification of qualified organizations and service providers. (E) The identification of funds to support payment for services required to develop a civil nuclear program. (F) Market analysis. (G) The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program. (H) Risk allocation, risk management, and nuclear liability. (I) Technical assessments of nuclear reactors and technologies. (J) 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). (K) Stakeholder engagement. (L) Management of spent nuclear fuel and nuclear waste. (M) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary of State to carry out the initiative $50,000,000 for each of fiscal years 2023 through 2027. 10. Biennial nuclear safety, security, safeguards, and sustainability summit (a) In general The Secretary, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Nuclear Regulatory Commission, and the Assistant shall hold a biennial nuclear safety, security, safeguards, and sustainability summit (referred to in this section as a summit (b) Location Each summit shall be held in— (1) Washington, DC; or (2) a country described in any of subparagraphs (A) through (H) of section 2(2). (c) Requirement Each summit shall— (1) be a forum in which leaders of ally or partner nations may engage with each other for the purpose of reinforcing the commitment to nuclear safety, security, safeguards, and sustainability; and (2) facilitate the development of— (A) joint commitments and goals to improve nuclear safety, security, safeguards, and sustainability; (B) stronger international institutions that support nuclear safety, security, safeguards, and sustainability; and (C) a global nuclear liability regime. (d) Input from industry and government Each summit shall 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— (1) the safe and secure use, storage, and transport of nuclear and radiological materials; (2) managing the evolving cyber threat to nuclear and radiological security; and (3) the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste. (e) Report (1) In general Not later than 120 days after the end of each summit, the Secretary, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Nuclear Regulatory Commission, and the Assistant shall jointly submit to Congress a report highlighting— (A) any commitments made by the United States or international partners of the United States, including an ally or partner nation, with respect to nuclear safety, security, safeguards, or sustainability; and (B) the objectives that the parties to those commitments agreed to meet. (2) Requirement The report under paragraph (1) shall detail— (A) any current and continuing nuclear security threat; (B) any progress made toward advancing nuclear security-related treaties; (C) any steps taken or needed to be taken— (i) to fulfill any obligations of the United States under existing nuclear security and safeguard treaties; (ii) to manage cyber threats; or (iii) to prevent the theft, sabotage, and illicit trafficking of nuclear materials, facilities, and technology, as applicable; (D) the role of the nuclear industry in preventing nuclear proliferation; and (E) any other topics discussed during the summit that relate to nuclear safety, security, safeguards, or sustainability. 11. Advanced Reactor Coordination and Resource Center The Secretary, in coordination with the Secretary of State, the Secretary of Commerce, the Chairman of the Nuclear Regulatory Commission, the President of the Export-Import Bank of the United States, and the Chief Executive Officer of the United States International Development Finance Corporation, shall establish a center, to be known as the Advanced Reactor Coordination and Resource Center (1) identifying qualified organizations and service providers— (A) for embarking civil nuclear energy nations; (B) to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and (C) to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency; (2) coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under section 3(b)— (A) to identify funds to support payment for services required to develop a civil nuclear program; (B) to provide market analysis; and (C) to create— (i) project structure models; (ii) models for electricity market analysis; (iii) models for nonelectric applications market analysis; and (iv) financial models; (3) identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program; (4) supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience; (5) developing and strengthening communications, engagement, and consensus-building; (6) 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; (7) developing mechanisms for how to fund and staff the Center; and (8) determining mechanisms for the selection of the location or locations of the Center. 12. Biennial civil nuclear vendor summit (a) In general The Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, the Chief Executive Officer of the United States International Development Finance Corporation, and the Assistant shall hold a biennial civil nuclear vendor summit (referred to in this section as a summit (b) Location Each summit shall be held in— (1) Washington, DC; or (2) a country described in any of subparagraphs (A) through (H) of section 2(2). (c) Requirement Each summit shall— (1) be a forum in which leaders of ally or partner nations may engage with each other for the purpose of promoting the peaceful, responsible, and safe use of civil nuclear technologies; and (2) facilitate— (A) the development of— (i) cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing; (ii) a standardized financing and project management framework for the construction of nuclear power plants; (iii) a standardized licensing framework for civil nuclear technologies; (iv) a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects; (v) 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 nuclear power, including any detrimental outcomes resulting from that partnership; and (vi) a global nuclear liability regime; (B) cooperation for enhancing the overall aspects of civil nuclear power, such as— (i) nuclear safety, security, and safeguards; (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 (C) the development and determination of the mechanisms described in paragraphs (7) and (8) of section 11. (d) Report (1) In general Not later than 120 days after the end of each summit, the Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, the Chief Executive Officer of the United States International Development Finance Corporation, and the Assistant shall jointly submit to Congress a report highlighting— (A) any commitments made by the United States or international partners of the United States, including an ally or partner nation, with respect to international civil nuclear export practices; and (B) the objectives that the parties to those commitments agreed to meet. (2) Requirement The report under paragraph (1) shall detail— (A) any steps taken to establish common financing relationships; (B) any progress made toward establishing a standardized financing, project management, and licensing framework; (C) any changes to the internal policies of multinational development banks, such as the World Bank, to support civil nuclear projects; (D) any steps taken or needed to be taken— (i) to rectify any obstacles that were identified after the applicable civil nuclear vendor summit but were unforeseen at the time of, and not discussed at, that summit; (ii) to enable early-stage day-to-day support of embarking civil nuclear energy nations; (iii) to address any gaps in the whole-of-government approach to international civil nuclear cooperation, exports, and investment developed by the Assistant; or (iv) to improve the role of the Assistant in international outreach; (E) the role of the nuclear industry in establishing cooperative relationships; and (F) the competitiveness of available United States financing packages for civil nuclear exports, relative to international competitors. 13. Strategic Infrastructure Fund Working Group (a) Establishment There is established a working group, to be known as the Strategic Infrastructure Fund Working Group working group (b) Composition The working group shall be— (1) led by the Assistant; and (2) composed of— (A) senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from— (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Commerce; (iv) the Department of Energy; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; and (vii) the Nuclear Regulatory Commission; (B) other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the Assistant from any Federal agency or organization. (c) Reporting The working group shall report to the National Security Council. (d) Duties The working group shall— (1) provide direction and advice to the Assistant with respect to the establishment of a Strategic Infrastructure Fund (referred to in this subsection as the Fund (A) to support those aspects of projects relating to— (i) civil nuclear technologies; (ii) rare earth elements and critical minerals (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) (iii) microprocessors; and (B) for strategic investments identified by the working group; and (2) address critical areas in determining the appropriate design for the Fund, including— (A) transfer of assets to the Fund; (B) transfer of assets from the Fund; (C) how assets in the Fund should be invested; and (D) governance and implementation of the Fund. (e) Report required (1) In general Not later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in paragraph (2) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund. (2) Committees described The committees referred to in paragraph (1) are— (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. 14. Investment by allies and partners of the United States (a) Commercial licenses Section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) (1) by inserting for a production facility No license (2) by striking any any any (b) Medical therapy and research development licenses Section 104 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(d) for a production facility No license 15. Modification of powers and functions of the Export-Import Bank of the United States (a) Modification of prohibition on financing Section 2(b)(5) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(5) any liquid metal fast breeder nuclear reactor or (b) Expansion of program on transformational exports (1) In general Section 2(l) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(l) (A) in the subsection heading, by striking China and (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking The Bank shall establish a Program on China and Notwithstanding the Arrangement, the Bank shall establish a Program on (II) by striking conditions, conditions that, in the judgement of the Board of Directors of the Bank, offer sufficient likelihood of repayment to justify the loan, guarantee, or insurance, as applicable, (III) by striking by the People’s Republic of China or (ii) in subparagraph (A), by striking by the People’s Republic of China or (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking the People’s Republic of China covered countries (II) by redesignating clauses (viii) through (xi) as clauses (ix) through (xii), respectively; and (III) by inserting after clause (vii) the following: (viii) Civil nuclear facilities, material, technologies, and related goods and services that support the development of an effective nuclear energy sector. ; (C) by striking paragraph (2); (D) by redesignating paragraph (3) as paragraph (2); (E) in paragraph (2), as so redesignated— (i) in subparagraph (A), by striking China and (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking the People’s Republic of China is the People’s Republic of China and the Russian Federation are (II) in clause (i), by striking ; and ; or (iii) in subparagraph (C)— (I) in the subparagraph heading, by striking Sunset and (II) by striking the first sentence; and (III) by striking 4 years after enactment of this subsection December 20, 2023 (iv) in subparagraph (D), by striking China and (F) by adding at the end the following: (3) Sunset The Program on Transformational Exports shall expire on December 31, 2026. (4) Definitions In this subsection: (A) Arrangement The term Arrangement (B) Covered country The term covered country (i) the People’s Republic of China; (ii) the Russian Federation; or (iii) any country that— (I) the Secretary of the Treasury designates as a covered country in a report to the Committee on Banking, Housing, and Urban Development of the Senate and the Committee on Financial Services of the House of Representatives; (II) is not a participant in the Arrangement; and (III) is not in substantial compliance with the financial terms and conditions of the Arrangement. . (2) Conforming amendment Section 8(l) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(l) (A) in the subsection heading, by striking Under the Exports Under the Program on Transformational Exports (B) by striking China and (c) Reporting on financing related to People’s Republic of China and Russian Federation Section 408 of title IV of division I of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 12 U.S.C. 635 (1) in the section heading, by striking China the People’s Republic of China and the Russian Federation (2) in subsection (a), in the matter preceding paragraph (1), by striking the government of China the Government of the People’s Republic of China or the Government of the Russian Federation (3) in subsection (c)(1)(C), by striking the government of China the Government of the People’s Republic of China or the Government of the Russian Federation (4) by striking subsection (d) and inserting the following: (d) Definitions In this section: (1) Government of the People’s Republic of China The term Government of the People’s Republic of China (A) the state and the Government of the People’s Republic of China, as well as any political subdivision, agency, or instrumentality thereof; (B) any entity controlled, directly or indirectly, by any of the foregoing, including any partnership, association, or other entity in which any of the foregoing owns a 50 percent or greater interest or a controlling interest, and any entity which is otherwise controlled by any of the foregoing; (C) any person that is or has been acting or purporting to act, directly or indirectly, for or on behalf of any of the foregoing; and (D) any other person which the Secretary of the Treasury has notified the Bank is included in any of the foregoing. (2) Government of the Russian Federation The term Government of the Russian Federation (A) the state and the Government of the Russian Federation, as well as any political subdivision, agency, or instrumentality thereof; (B) any entity controlled, directly or indirectly, by any of the foregoing, including any partnership, association, or other entity in which any of the foregoing owns a 50 percent or greater interest or a controlling interest, and any entity which is otherwise controlled by any of the foregoing; (C) any person that is or has been acting or purporting to act, directly or indirectly, for or on behalf of any of the foregoing; and (D) any other person which the Secretary of the Treasury has notified the Bank is included in any of the foregoing. ; and (5) in subsection (e)(2), in the matter preceding subparagraph (A), by striking China is the People’s Republic of China and the Russian Federation are 16. U.S. nuclear fuels security initiative to reduce reliance on nuclear fuels from Russia and China (a) Objectives The objectives of this section are— (1) to expeditiously increase domestic production of low-enriched uranium (referred to in this section as LEU (A) the Russian Federation; and (B) the People’s Republic of China; (2) to expeditiously increase domestic production of high-assay low-enriched uranium (referred to in this section as HALEU 42 U.S.C. 16281(a)(2)(F) (3) to ensure the availability of domestically produced and converted uranium in an amount determined by the Secretary to be sufficient to address a reasonably anticipated supply disruption; (4) to promote the domestic production, conversion, and enrichment of uranium; and (5) to promote the deployment of United States uranium enrichment technology. (b) Definition of Programs In this section, the term Programs (1) the Nuclear Fuel Security Program established under subsection (c)(1); (2) the National Strategic Uranium Reserve Program established under subsection (c)(2); and (3) the American Assured Fuel Supply Program of the Department of Energy. (c) Establishment The Secretary, consistent with the objectives described in subsection (a), shall establish— (1) a program, to be known as the Nuclear Fuel Security Program (2) a program, to be known as the National Strategic Uranium Reserve Program (d) Nuclear Fuel Security Program In carrying out the Nuclear Fuel Security Program, the Secretary shall— (1) not later than 1 year after the date of enactment of this Act, select 1 or more U.S. nuclear energy companies to produce LEU in amounts and timeframes specified by the Secretary; (2) not later than 1 year after the date of enactment of this Act, select 1 or more U.S. nuclear energy companies to produce HALEU in amounts and timeframes specified by the Secretary; (3) utilize only uranium produced and converted in the United States or a country described in any of subparagraphs (A) through (H) of section 2(2); (4) coordinate the operations of the Nuclear Fuel Security Program and the National Strategic Uranium Reserve Program as the Secretary determines to be appropriate; and (5) take other actions that the Secretary determines to be necessary or appropriate to reduce the reliance of the United States and ally or partner nations on nuclear fuels from the Russian Federation and the People’s Republic of China. (e) National Strategic Uranium Reserve Program (1) In general In carrying out the National Strategic Uranium Reserve Program, the Secretary shall— (A) immediately on enactment of this Act, use the funds reallocated by paragraph (2) to initiate the establishment of a National Strategic Uranium Reserve; (B) make the National Strategic Uranium Reserve operational by acquiring uranium in amounts and timeframes specified by the Secretary; (C) maintain, replenish, or increase the amount of uranium in the National Strategic Uranium Reserve in a manner determined by the Secretary to be consistent with the objectives described in subsection (a); (D) utilize only uranium produced and converted in the United States; (E) make uranium available from the National Strategic Uranium Reserve, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; (F) coordinate the operations of the Nuclear Fuel Security Program and the National Strategic Uranium Reserve Program as the Secretary determines to be appropriate; and (G) take other actions that the Secretary determines to be necessary or appropriate to address a uranium supply disruption. (2) Reallocation Notwithstanding any other provision of law, amounts made available to the National Nuclear Security Administration for the Uranium Reserve Program by, and described in the first proviso in, the matter under the heading weapons activities National Nuclear Security Administration atomic energy defense activities Public Law 116–260 (A) continuing the activities initiated by the National Nuclear Security Administration using the amounts described in that proviso; (B) carrying out other activities consistent with the purposes for which those amounts were made available under that Act; and (C) carrying out activities in accordance with the objectives described in subsection (a). (f) Continuation of the American Assured Fuel Supply Program In carrying out the American Assured Fuel Supply Program, the Secretary shall— (1) maintain, replenish, or increase the amount of uranium in the National Strategic Uranium Reserve in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (a); (2) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; (3) coordinate the operations of the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program as the Secretary determines to be appropriate; (4) if determined by the Secretary to be appropriate and consistent with the objectives described in subsection (a), merge the operations of the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program; and (5) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of the American Assured Fuel Supply Program and the objectives described in subsection (a). (g) Authority (1) In general In carrying out the Programs, the Secretary, in coordination with the Secretary of State, may— (A) in addition to exercising the authority granted to the Secretary under any other provision of law, enter into transactions (other than contracts, cooperative agreements, financial assistance agreements, or the provision of any other financial assistance) with an ally or partner nation, a U.S. energy company, or any other domestic or foreign entity for any activity to carry out the Programs, including the acquisition or provision of uranium, conversion services, enrichment services, LEU, HALEU, and related goods and services, in the same manner as the Secretary of Defense under section 4021 of title 10, United States Code (other than subsections (b) and (f) of that section); (B) make acquisitions for the Programs through the use of competitive selection processes that the Secretary determines to be appropriate to achieve the objectives described in subsection (a) in an expeditious manner; (C) (i) establish milestones for achieving specified objectives, including the production of LEU and HALEU in amounts and timeframes specified by the Secretary; and (ii) provide awards and other forms of incentives for meeting those milestones; (D) provide loan guarantees, other financial assistance, or assistance in the form of revenue guarantees or similar mechanisms; (E) charge an amount for the provision of uranium, conversion services, enrichment services, LEU, HALEU, and other goods and services that, in the opinion of the Secretary, provides reasonable compensation, taking into account fair market value and the objectives described in subsection (a); and (F) notwithstanding section 3302 of title 31, United States Code— (i) receive and retain revenues from the sale or transfer of uranium, LEU, or HALEU and from other activities related to the Programs; and (ii) expend those revenues for purposes related to the program from which the revenues are derived. (2) Availability of funds The revenues described in paragraph (1)(F) shall remain available until expended. (h) 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; or (B) the activity relies on resources, materials, or equipment developed or produced— (i) in the United States; or (ii) in a country described in any of subparagraphs (A) through (H) of section 2(2) by— (I) a U.S. nuclear energy company; (II) an ally or partner nation; or (III) an associated entity. (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 (a). (i) Exclusions The Secretary may not carry out an activity in connection with the Programs with an entity that is— (1) owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (j) 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. (k) USEC Privatization Act (1) In general The requirements of section 3112 of the USEC Privatization Act ( 42 U.S.C. 2297h–10 (2) Amendment Section 3112A(c)(2)(A) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)(2)(A)) is amended— (A) in clause (xii), by inserting and (B) by striking clauses (xiii) through (xxvii); and (C) by adding at the end the following: (xiii) in calendar year 2026 and each calendar year thereafter, 0 kilograms. . (l) Authorization of appropriations In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary— (1) for the Nuclear Fuel Security Program, $3,500,000,000 for fiscal year 2023, to remain available until September 30, 2031; and (2) for the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program, such sums as are necessary for the period of fiscal years 2023 through 2030, to remain available until September 30, 2031. 1. Short title This Act may be cited as the International Nuclear Energy Act 2. Definitions In this Act: (1) Advanced nuclear reactor The term advanced nuclear reactor 42 U.S.C. 16271(b) (2) Ally or partner nation The term ally or partner nation (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) Appropriate committees of Congress The term appropriate committees of Congress (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 (5) Associated entity The term associated entity (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 (7) Civil nuclear The term civil nuclear (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 (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 (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; or (ix) 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. (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) (dd) any other relevant provision of law. (9) Nuclear safety The term nuclear safety (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 (11) Spent nuclear fuel The term spent nuclear fuel 42 U.S.C. 10101 (12) U.S. nuclear energy company The term U.S. nuclear energy company (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. 3. Civil nuclear coordination and strategy (a) White House focal point on 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 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 (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. (b) Nuclear Exports Working Group (1) Establishment There is established a working group, to be known as the Nuclear Exports Working Group 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. 4. 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 the civil nuclear outreach to embarking civil nuclear energy nations. (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 3(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 energy 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 energy nations for nuclear safety, security, and safeguards; (3) coordinate the work of the Chief Executive Officer of the United States International Development Finance Corporation to expand outreach to the private investment community to create public-private financing relationships to assist in the export of civil nuclear technology to embarking civil nuclear energy nations; (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 energy nations and ally or partner nations; and (5) improve the efficient and effective exporting and importing of civil nuclear technologies and materials. 5. Cooperative financing relationships with ally or partner nations and embarking civil nuclear energy 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 3(a)(2) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to advance civil nuclear exports from the United States or ally or partner nations to embarking civil nuclear energy nations. (b) United States competitiveness clauses (1) Definition of United States competitiveness clause In this subsection, the term United States competitiveness clause (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). 6. 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 climate change by 2050; and (2) a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to— (A) the demonstration and deployment of advanced nuclear reactors; and (B) the 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. 7. International civil nuclear energy cooperation Section 959B of the Energy Policy Act of 2005 ( 42 U.S.C. 16279b (1) in the matter preceding paragraph (1), by striking The Secretary (a) In general The Secretary ; (2) in subsection (a) (as so designated)— (A) in paragraph (1)— (i) by striking financing, (ii) by striking and (B) in paragraph (2)— (i) in subparagraph (A), by striking preparations for (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 consultation 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 2 of the International Nuclear Energy Act (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— (1) with respect to the function described in subsection (a)(3), be modeled after the International Military Education and Training program of the Department of State; and (2) be authorized and directed by the Secretary of State and implemented by the Secretary— (A) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as— (i) training; (ii) financing; (iii) safety; (iv) security; (v) safeguards; (vi) liability; (vii) advanced fuels; (viii) operations; and (ix) 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 (B) in coordination with— (i) the National Security Council; (ii) the Secretary of State; (iii) the Secretary of Commerce; and (iv) the Nuclear Regulatory Commission. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out subsection (a)(3) $15,500,000 for each of fiscal years 2023 through 2027. . 8. International civil nuclear program support (a) 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 section as the initiative (b) Financial assistance (1) 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 subsection— (A) for activities relating to the development of civil nuclear energy programs; and (B) to facilitate the building of technical capacities for those activities. (2) Amount The amount of a grant of financial assistance under paragraph (1) shall be not more than $5,500,000. (3) Limitations The Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award— (A) not more than 1 grant of financial assistance under paragraph (1) to any 1 embarking civil nuclear energy nation each fiscal year; and (B) not more than a total of 5 grants of financial assistance under paragraph (1) to any 1 embarking civil nuclear energy nation. (c) Senior advisors (1) 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. (2) Requirement A senior advisor described in paragraph (1) 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: (A) The development of financing relationships. (B) The development of a standardized financing and project management framework for the construction of nuclear power plants. (C) The development of a standardized licensing framework for— (i) light water civil nuclear technologies; and (ii) non-light water civil nuclear technologies and advanced nuclear reactors. (D) The identification of qualified organizations and service providers. (E) The identification of funds to support payment for services required to develop a civil nuclear program. (F) Market analysis. (G) The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program. (H) Risk allocation, risk management, and nuclear liability. (I) Technical assessments of nuclear reactors and technologies. (J) 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). (K) Stakeholder engagement. (L) Management of spent nuclear fuel and nuclear waste. (M) 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. (3) Clarification Financial assistance under this subsection 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 subsection (b). (d) 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— (1) to establish and submit to the appropriate committees of Congress a joint strategic plan to conduct comprehensive oversight of activities authorized under this section to prevent fraud, waste, and abuse; and (2) to engage in independent and effective oversight of activities authorized under this section through joint or individual audits, inspections, investigations, or evaluations. (e) 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. 9. Biennial cabinet-level international conference on nuclear safety, security, safeguards, and sustainability (a) 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 section as a conference (b) Conference functions It is the sense of Congress that each conference should— (1) be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to— (A) nuclear safety, security, safeguards, and sustainability; (B) environmental safeguards; and (C) local community engagement in areas in reasonable proximity to nuclear sites; and (2) facilitate— (A) the development of— (i) joint commitments and goals to improve— (I) nuclear safety, security, safeguards, and sustainability; (II) environmental safeguards; and (III) 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; (B) 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 (C) the development and determination of the mechanisms described in paragraphs (7) and (8) of section 10(a), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that section. (c) 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— (1) the safe and secure use, storage, and transport of nuclear and radiological materials; (2) managing the evolving cyber threat to nuclear and radiological security; and (3) the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste. 10. Advanced Reactor Coordination and Resource Center (a) 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 Center (1) identifying qualified organizations and service providers— (A) for embarking civil nuclear energy nations; (B) to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and (C) to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency; (2) coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under section 3(b)— (A) to identify funds to support payment for services required to develop a civil nuclear program; (B) to provide market analysis; and (C) to create— (i) project structure models; (ii) models for electricity market analysis; (iii) models for nonelectric applications market analysis; and (iv) financial models; (3) identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program; (4) supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience; (5) developing and strengthening communications, engagement, and consensus-building; (6) 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; (7) developing mechanisms for how to fund and staff the Center; and (8) determining mechanisms for the selection of the location or locations of the Center. (b) Objective The President shall carry out subsection (a) with the objective of establishing the Center if the President determines that it is feasible to do so. 11. Investment by allies and partners of the United States (a) Commercial licenses Section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) (1) by inserting for a production facility No license (2) by striking any any any (b) Medical therapy and research development licenses Section 104 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(d) for a production facility No license 12. Strategic Infrastructure Fund Working Group (a) Establishment There is established a working group, to be known as the Strategic Infrastructure Fund Working Group working group (b) Composition The working group shall be— (1) 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 (2) composed of— (A) senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from— (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Commerce; (iv) the Department of Energy; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; and (vii) the Nuclear Regulatory Commission; (B) other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the White House official described in paragraph (1) from any Federal agency or organization. (c) Reporting The working group shall report to the National Security Council. (d) Duties The working group shall— (1) provide direction and advice to the officials described in section 3(a)(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 subsection as the Fund (A) to support those aspects of projects relating to— (i) civil nuclear technologies; (ii) rare earth elements and critical minerals (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) (iii) microprocessors; and (B) for strategic investments identified by the working group; and (2) address critical areas in determining the appropriate design for the Fund, including— (A) transfer of assets to the Fund; (B) transfer of assets from the Fund; (C) how assets in the Fund should be invested; and (D) governance and implementation of the Fund. (e) Report required (1) In general Not later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in paragraph (2) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund. (2) Committees described The committees referred to in paragraph (1) are— (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. (3) Administration of the Fund The report submitted under paragraph (1) shall include suggested legislative language requiring all expenditures from a Strategic Infrastructure Fund established in accordance with this section to be administered by the Secretary of State (or a designee of the Secretary of State). 13. Briefings on 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 briefing 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. 14. Ensuring continued safety and security oversight of enhanced energy cooperation (a) Briefing required (1) 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 shall jointly brief the committees of Congress described in paragraph (2) on the procedures being used to mitigate any nuclear proliferation risks of— (A) any recommendations for enhanced energy cooperation that may emerge from the meetings described in section 6(a); or (B) any new exports of advanced nuclear reactors. (2) Committees of Congress described The committees of Congress referred to in paragraph (1) are— (A) the Committees on Foreign Relations, Energy and Natural Resources, and Armed Services of the Senate; and (B) the Committees on Foreign Affairs, Energy and Commerce, and Armed Services of the House of Representatives. (b) 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— (1) has signed an additional protocol to its comprehensive safeguards agreement with the International Atomic Energy Agency; or (2) has put in place a comprehensive safeguards agreement and is working toward signing an additional protocol with the International Atomic Energy Agency. 15. Joint assessment between the United States and India on nuclear liability rules (a) 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— (1) 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); (2) to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and (3) 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. (b) 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 subsection (a)(1). 16. Lessons learned from the Zaporizhzhia nuclear power plant (a) Briefing (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary of State shall provide a briefing to the appropriate committees of Congress regarding the capture of the Zaporizhzhia nuclear power plant by Russian armed forces. (2) Requirements The briefing required by paragraph (1) shall focus on— (A) events leading up to the capture of the Zaporizhzhia nuclear power plant by Russian armed forces; (B) ongoing efforts to ensure the continued operation of the reactor and the safety and security of the plant; (C) efforts to mitigate potential risks to the surrounding civilian population; and (D) any safety and security measures implemented since the capture. (b) Report (1) 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 Zaporizhzhia nuclear power plant, including— (A) the efforts to ensure the safety and security of the Zaporizhzhia nuclear power plant; (B) how those lessons can be applied to other nuclear sites in Ukraine while there is an ongoing threat of armed conflict in Ukraine; and (C) how those lessons could apply to other nuclear power plants in the event of armed conflict. (2) Form of report The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. December 7, 2022 Reported with an amendment

Summary: International Nuclear Energy Act This bill addresses cooperation with other nations on nuclear energy-related issues. For example, the bill requires (1) the President to launch an international initiative to modernize outreach to embarking civil nuclear energy nations, which may include establishing cooperative financing relationships for the export of civil nuclear technology and materials; (2) the Department of State to meet with ally or partner nations with the aim of enhancing nuclear energy cooperation; and (3) the State Department to provide financial assistance to embarking civil nuclear energy nations for the development of civil nuclear energy programs.