I 
118TH CONGRESS 
1ST SESSION H. R. 2938 
To facilitate the development of a whole-of-government strategy for nuclear 
cooperation and nuclear exports. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2023 
Mr. DONALDS (for himself and Mr. CLYBURN) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committees on Energy and Commerce, Science, Space, and Tech-
nology, and Ways and Means, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To facilitate the development of a whole-of-government 
strategy for nuclear cooperation and nuclear exports. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘International Nuclear 
Energy Act of 2023’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(x) modular sizes to allow for deploy-
ment 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 integra-
tion with intermittent renewable energy or 
energy storage; 
(B) a fusion reactor; and 
(C) a radioisotope power system that uti-
lizes 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 des-
ignated as an ally or partner nation by the Sec-
retary of State for purposes of this Act. 
(3) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
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(A) the Committees on Foreign Relations 
and Energy and Natural Resources of the Sen-
ate; and 
(B) the Committees on Foreign Affairs 
and Energy and Commerce of the House of 
Representatives. 
(4) ASSISTANT.—The term ‘‘Assistant’’ means 
the Assistant to the President and Director for 
International Nuclear Energy Policy described in 
section 3(a)(1)(D). 
(5) ASSOCIATED
ENTITY.—The term ‘‘associ-
ated 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 oth-
erwise subject to the jurisdiction of, a country 
described in paragraph (2), including a corpora-
tion that is incorporated in a country described 
in that paragraph. 
(6) ASSOCIATED INDIVIDUAL.—The term ‘‘asso-
ciated individual’’ means a foreign national who is a 
national of a country described in paragraph (2). 
(7) CIVIL NUCLEAR.—The term ‘‘civil nuclear’’ 
means activities relating to— 
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(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 en-
ergy; 
(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 de-
scribed in subparagraphs (A) through (N). 
(8) EMBARKING CIVIL NUCLEAR NATION.— 
(A) IN GENERAL.—The term ‘‘embarking 
civil nuclear nation’’ means a country that— 
(i) does not have a civil nuclear en-
ergy program; 
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(ii) is in the process of developing or 
expanding a civil nuclear energy program, 
including safeguards and a legal and regu-
latory framework, for— 
(I) nuclear safety; 
(II) nuclear security; 
(III) radioactive waste manage-
ment; 
(IV) civil nuclear energy; 
(V) environmental safeguards; 
(VI) community engagement in 
areas in reasonable proximity to nu-
clear sites; 
(VII) nuclear liability; or 
(VIII) advanced nuclear reactor 
licensing; 
(iii) is in the process of selecting, de-
veloping, constructing, or utilizing ad-
vanced light water reactors, advanced nu-
clear reactors, or advanced civil nuclear 
technologies; or 
(iv) had an annual per capita gross 
domestic product of not more than 
$28,000 in 2020. 
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(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 Ven-
ezuela; 
(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 Inter-
national 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— 
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(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 pro-
vision of law. 
(9) NUCLEAR
SAFETY.—The term ‘‘nuclear 
safety’’ means issues relating to the design, con-
struction, operation, or decommissioning of nuclear 
facilities in a manner that provides reasonable assur-
ance 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; 
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(D) emergency preparedness; 
(E) nuclear liability; and 
(F) the safe transportation of nuclear ma-
terials. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(11) SPENT NUCLEAR FUEL.—The term ‘‘spent 
nuclear fuel’’ has the meaning given the term in sec-
tion 2 of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101). 
(12) U.S. NUCLEAR ENERGY COMPANY.—The 
term ‘‘U.S. nuclear energy company’’ means a com-
pany that— 
(A) is organized under the laws of, or oth-
erwise subject to the jurisdiction of, the United 
States; and 
(B) is involved in the nuclear energy indus-
try. 
SEC. 3. 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 inter-
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(xiii) the United States International 
Development Finance Corporation; 
(xiv) the United States Agency for 
International Development; 
(xv) the United States Trade and De-
velopment Agency; 
(xvi) the Office of Science and Tech-
nology Policy; and 
(xvii) any other Federal agency that 
the President determines to be appro-
priate; and 
(B) appropriate officials representing for-
eign 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 Ex-
ports Working Group’’ (referred to in this subsection 
as the ‘‘working group’’). 
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(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 Commis-
sion; 
(viii) the Office of the United States 
Trade Representative; and 
(ix) the United States Trade and De-
velopment Agency; and 
(B) other senior-level Federal officials, se-
lected internally by the applicable Federal agen-
cy or organization, from any other Federal 
agency or organization that the Secretary deter-
mines to be appropriate. 
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(3) REPORTING.—The working group shall re-
port to the appropriate White House official, which 
may be the Assistant (if appointed). 
(4) DUTIES.—The working group shall coordi-
nate, not less frequently than quarterly, with the 
Civil Nuclear Trade Advisory Committee of the De-
partment of Commerce, the Nuclear Energy Advi-
sory 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 nu-
clear trade strategy, including biennial targets 
for the export of civil nuclear technologies, in-
cluding 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. 
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(B) COLLABORATION
REQUIRED.—In es-
tablishing 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 Commis-
sion; 
(vi) the President of the Export-Im-
port Bank of the United States; 
(vii) the Chief Executive Officer of the 
United States International Development 
Finance Corporation; 
(viii) the United States Trade Rep-
resentative; and 
(ix) representatives of private indus-
try. 
SEC. 4. ENGAGEMENT WITH ALLY OR PARTNER NATIONS. 
(a) IN GENERAL.—The President shall launch, in ac-
cordance with applicable nuclear technology export laws 
(including regulations), an international initiative to mod-
ernize civil nuclear outreach to embarking civil nuclear na-
tions in order to improve the efficient and effective export-
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ing and importing of civil nuclear technologies and mate-
rials. 
(b) FINANCING.—In carrying out the initiative de-
scribed 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 Inter-
national Development Finance Corporation, if determined 
to be appropriate, and in coordination with the officials 
described in section 3(a)(2), may, if the President deter-
mines to be appropriate, seek to establish cooperative fi-
nancing relationships for the export of civil nuclear tech-
nology, components, materials, and infrastructure to em-
barking civil nuclear nations. 
(c) ACTIVITIES.—In carrying out the initiative de-
scribed in subsection (a), the President shall— 
(1) assist nongovernmental organizations and 
appropriate offices, administrations, agencies, lab-
oratories, and programs of the Department of En-
ergy and other relevant Federal agencies and offices 
in providing education and training to foreign gov-
ernments in nuclear safety, security, and safe-
guards— 
(A) through engagement with the Inter-
national Atomic Energy Agency; or 
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(B) independently, if the applicable entity 
determines that it would be more advantageous 
under the circumstances to provide the applica-
ble education and training independently; 
(2) assist the efforts of the International Atom-
ic Energy Agency to expand the support provided by 
the International Atomic Energy Agency to embark-
ing civil nuclear nations for nuclear safety, security, 
and safeguards; 
(3) coordinate the work of the Chief Executive 
Officer of the United States International Develop-
ment Finance Corporation and the Export-Import 
Bank of the United States to expand outreach to the 
private investment community to create public-pri-
vate financing relationships to assist in the adoption 
of civil nuclear technologies by embarking civil nu-
clear 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; 
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(E) the International Atomic Energy 
Agency; and 
(F) the nuclear regulatory agencies and or-
ganizations of embarking civil nuclear nations 
and ally or partner nations. 
SEC. 5. COOPERATIVE FINANCING RELATIONSHIPS WITH 
ALLY OR PARTNER NATIONS AND EMBARK-
ING CIVIL NUCLEAR NATIONS. 
(a) IN GENERAL.—The President shall designate an 
appropriate White House official, who may be the Assist-
ant (if appointed), and the Chief Executive Officer of the 
United States International Development Finance Cor-
poration to coordinate with the officials described in sec-
tion 3(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 tech-
nologies exported from the United States or ally or part-
ner nations to embarking civil nuclear nations. 
(b) UNITED STATES COMPETITIVENESS CLAUSES.— 
(1) DEFINITION OF UNITED STATES COMPETI-
TIVENESS
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 En-
ergy, including— 
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(A) a cooperative agreement; 
(B) a cooperative research and develop-
ment agreement; and 
(C) a patent waiver. 
(2) CONSIDERATION.—In carrying out sub-
section (a), the relevant officials described in that 
subsection shall consider the impact of United 
States competitiveness clauses on any financing rela-
tionships 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. 6. COOPERATION WITH ALLY OR PARTNER NATIONS 
ON ADVANCED NUCLEAR REACTOR DEM-
ONSTRATION 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 Com-
merce, 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 pur-
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pose of developing collaborative relationships with respect 
to research, development, licensing, and deployment of ad-
vanced nuclear reactor technologies for civil nuclear en-
ergy. 
(b) REQUIREMENT.—The meetings described in sub-
section (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 se-
curity and climate change; and 
(2) a focus on developing a memorandum of un-
derstanding or any other appropriate agreement be-
tween 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 re-
search facilities. 
(c) FINANCING ARRANGEMENTS.—In conducting the 
meetings described in subsection (a), the Secretary of 
State, in coordination with the Secretary and the Sec-
retary of Commerce, shall seek to develop financing ar-
rangements to share the costs of the demonstration and 
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deployment of advanced nuclear reactors and the develop-
ment 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 arrange-
ments 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. 7. INTERNATIONAL CIVIL NUCLEAR ENERGY CO-
OPERATION. 
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 fol-
lowing: 
‘‘(a) IN GENERAL.—The Secretary’’; 
(2) in subsection (a) (as so designated)— 
(A) in paragraph (1)— 
(i) by striking ‘‘financing,’’; and 
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(ii) by striking ‘‘and’’ after the semi-
colon at the end; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘preparations for’’; and 
(ii) in subparagraph (C)(v), by strik-
ing 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 Sec-
retary of State, the safe, secure, and peaceful use of 
civil nuclear technology in countries developing nu-
clear 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 re-
actors, fuel, equipment, services, and technology of 
U.S. nuclear energy companies (as defined in section 
2 of the International Nuclear Energy Act of 2023) 
in civil nuclear energy programs outside the United 
States through— 
‘‘(A) bilateral and multilateral arrange-
ments developed and executed in coordination 
with the Secretary of State that contain com-
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