Section 1 Short title
This Act may be cited as the “International Nuclear Energy Act of 2022”.
International Nuclear Energy Act of 2022
A BILL
To facilitate the development of a whole-of-government strategy for nuclear cooperation and nuclear exports.
Sec. 2 Definitions
In this Act:
Advanced nuclear reactor— The term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
Ally or partner nation— The term ally or partner nation means the Government of each of the following:
A country that is a member of the North Atlantic Treaty Organization.
Japan.
The Republic of Korea.
Australia.
Switzerland.
Sweden.
Finland.
Any other country designated as an ally or partner nation by the Secretary of State for purposes of this Act.
Assistant— The term Assistant means the Assistant to the President and Director for Nuclear Energy Policy described in section 3(a)(3)(A).
Associated entity— The term associated entity means an entity that—
is owned, controlled, or dominated by—
an ally or partner nation; or
an associated individual; or
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.
Associated individual— The term associated individual means an alien who is a national of a country described in any of subparagraphs (A) through (H) of paragraph (2).
Center— The term “Center” means the Advanced Reactor Coordination and Resource Center established under section 11.
Embarking civil nuclear energy nation— The term embarking civil nuclear energy nation means a country that—
does not have a civil nuclear program;
is in the process of developing or expanding a civil nuclear program, including safeguards and a legal and regulatory framework, for—
nuclear safety;
nuclear security;
radioactive waste management;
civil nuclear energy;
nuclear liability; or
advanced nuclear reactor licensing; or
is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced nuclear technologies.
High-assay low-enriched uranium— The term high-assay low-enriched uranium has the meaning given the term in section 2001(d) of the Energy Act of 2020 (42 U.S.C. 16281(d)).
Low-enriched uranium— The term low-enriched uranium means each of—
low-enriched uranium (as defined in section 3102 of the USEC Privatization Act (42 U.S.C. 2297h)); and
low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))).
National Strategic Uranium Reserve— The term National Strategic Uranium Reserve means the National Strategic Uranium Reserve established under section 16(e)(1)(A).
Nuclear safety— The term nuclear safety means issues relating to—
the safe operation of nuclear reactors and other nuclear facilities;
radiological protection of—
members of the public;
workers; and
the environment;
nuclear waste management;
emergency preparedness;
nuclear liability; and
the safe transportation of nuclear materials.
Secretary— The term Secretary means the Secretary of Energy.
Spent nuclear fuel— The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
Team USA— The term Team USA means the interagency initiative to identify opportunities in emerging economies, embarking civil nuclear energy nations, and ally or partner nations for topics such as—
nuclear plant construction;
nuclear fuel services;
nuclear energy financing;
nuclear plant operations;
nuclear plant regulation;
nuclear medicine;
infrastructure support for nuclear energy;
nuclear plant decommissioning;
nuclear liability;
storage and disposal of spent nuclear fuel; and
technology related to the matters described in subparagraphs (A) through (J).
U.S. nuclear energy company— The term U.S. nuclear energy company means a company that—
is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and
is involved in the nuclear energy industry.
Sec. 3 Civil nuclear coordination and strategy
Office of the Assistant to the President and Director for Nuclear Energy Policy—
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” (referred to in this subsection as the Office).
Mission— The Office shall act as the single coordinating office for—
civil nuclear cooperation; and
civil nuclear export strategy.
Leadership—
Assistant—
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.
Reporting— The Assistant shall report directly to the President.
Deputy Assistant—
In general— The Assistant shall appoint a Deputy Assistant with experience in advising on civil nuclear project development and financing.
Reporting— The Deputy Assistant shall report directly to the Assistant.
Duties—
In general— The Assistant, in consultation with the Deputy Assistant, shall—
coordinate the civil nuclear export policy of the United States;
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;
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
develop—
a whole-of-government coordinating strategy for civil nuclear cooperation;
a whole-of-government strategy for civil nuclear exports; and
a whole-of-government approach to support foreign investment in domestic construction projects.
Officials described— The officials referred to in subparagraph (A)(iii) are—
the appropriate officials of—
the Department of State;
the Department of Energy;
the Department of Commerce;
the Nuclear Regulatory Commission;
the Department of Defense;
the National Security Council;
the National Economic Council;
the Office of the United States Trade Representative;
the Office of Management and Budget;
the Office of the Director of National Intelligence;
the Export-Import Bank of the United States;
the United States International Development Finance Corporation;
the United States Trade and Development Agency; and
the Office of Science and Technology Policy; and
appropriate officials representing foreign countries and governments, including—
ally or partner nations;
embarking civil nuclear energy nations; and
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.
Staff—
Senior advisors—
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.
Requirement— The Senior Advisors selected under clause (i) shall be composed of individuals with diverse industry and government backgrounds, including individuals with backgrounds in—
project financing;
construction development and management;
contract structuring, risk allocation, and nuclear liability;
regulatory, licensing, and safeguards processes;
civil nuclear electric and nonelectric applications of nuclear technologies;
government-to-government negotiations;
social acceptance and environmental justice;
human infrastructure development;
major project development;
international infrastructure financing; and
nuclear safety and security requirements.
Other staff— The Assistant may hire such other additional personnel as may be necessary to carry out the mission of the Office.
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.
Nuclear Exports Working Group—
Establishment— There is established a working group, to be known as the “Nuclear Exports Working Group” (referred to in this subsection as the working group).
Composition— The working group shall be composed of—
senior-level Federal officials, selected internally by the applicable Federal agency or organization, from—
the Department of State;
the Department of Commerce;
the Department of Energy;
the Department of the Treasury;
the Export-Import Bank of the United States;
the United States International Development Finance Corporation;
the Nuclear Regulatory Commission;
the Office of the United States Trade Representative; and
the United States Trade and Development Agency;
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
any senior-level Federal official selected by the Assistant from any Federal agency or organization.
Reporting— The working group shall report to the Assistant.
Duties— The working group shall—
provide direction and advice to the Assistant; and
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).
Strategy—
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.
Collaboration required— In establishing the strategy under subparagraph (A), the working group shall collaborate with—
the Secretary;
the Secretary of Commerce;
the Secretary of State;
the Secretary of the Treasury;
the Nuclear Regulatory Commission;
the President of the Export-Import Bank of the United States;
the Chief Executive Officer of the United States International Development Finance Corporation;
the United States Trade Representative; and
representatives of private industry.
Sec. 4 Engagement with ally or partner nations
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).
Coalition described— The coalition referred to in subsection (a) is a coalition of countries that—
is developed for purposes of carrying out the initiative described in subsection (a); and
includes each ally or partner nation that is willing to participate in the coalition.
Activities— In carrying out the initiative described in subsection (a), the Secretary of State shall—
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—
through engagement with the International Atomic Energy Agency; or
independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently;
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;
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);
seek to coordinate, to the maximum extent practicable, the work carried out by each of—
the Nuclear Regulatory Commission;
the Department of Energy;
the Department of Commerce;
the International Atomic Energy Agency;
the Nuclear Energy Agency; and
the nuclear regulatory agencies and organizations of embarking civil nuclear energy nations and ally or partner nations; and
improve the regulatory framework to allow for the expeditious exporting and importing of civil nuclear technologies and materials.
Sec. 5 Cooperative financing relationships with ally or partner nations and embarking civil nuclear energy nations
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.
United States competitiveness clauses—
Definition of United States competitiveness clause— In this subsection, the term United States competitiveness clause means any United States competitiveness provision in any agreement entered into by the Department of Energy, including—
a cooperative agreement;
a cooperative research and development agreement; and
a patent waiver.
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.
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).
Sec. 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—
for deemed exports to—
a list of countries defined by the Secretary;
a list of countries defined by the Secretary of State;
a list of countries defined by the Secretary of the Treasury;
a list of countries defined by the Secretary of Commerce; or
destinations based on country criteria defined by the Secretary; or
for widely deployed technologies available from multiple suppliers, such as light water reactor technology.
Sec. 7 Cooperation with ally or partner nations on advanced nuclear reactor demonstration and cooperative research facilities
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.
Requirement— The meetings described in subsection (a) shall include—
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
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—
the demonstration and deployment of advanced nuclear reactors; and
the development of cooperative research facilities.
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.
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—
for the establishment of cost-share arrangements described in subsection (c); or
with which the United States may enter into agreements with respect to—
the demonstration of advanced nuclear reactors; or
cooperative research facilities.
Sec. 8 International nuclear energy cooperation
Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 16279b) is amended—
in the matter preceding paragraph (1), by striking “The Secretary” and inserting the following:
“(a) In general—The Secretary”
in subsection (a) (as so designated)—
in paragraph (1)—
by striking “financing,”; and
by striking “and” after the semicolon at the end;
in paragraph (2)—
in subparagraph (A), by striking “preparations for”; and
in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and
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) 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.”
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)); and
“(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.”
Sec. 9 International civil nuclear program support
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) to provide grants, in accordance with this section—
to embarking civil nuclear energy nations for activities relating to the development of civil nuclear programs; and
to ally or partner nations for the construction of nuclear reactors and advanced nuclear reactors.
Grants—
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.
Amount— The amount of a grant awarded under the initiative shall be not more than $5,500,000.
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.
Senior advisors—
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.
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:
The development of financing relationships.
The development of a standardized financing and project management framework for the construction of nuclear power plants.
The development of a standardized licensing framework for—
light water civil nuclear technologies; and
non-light water civil nuclear technologies and advanced nuclear reactors.
The identification of qualified organizations and service providers.
The identification of funds to support payment for services required to develop a civil nuclear program.
Market analysis.
The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program.
Risk allocation, risk management, and nuclear liability.
Technical assessments of nuclear reactors and technologies.
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).
Stakeholder engagement.
Management of spent nuclear fuel and nuclear waste.
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.
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.
Sec. 10 Biennial nuclear safety, security, safeguards, and sustainability summit
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), the first of which shall be held on the date that is 180 days after the date of enactment of this Act.
Location— Each summit shall be held in—
Washington, DC; or
a country described in any of subparagraphs (A) through (H) of section 2(2).
Requirement— Each summit shall—
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
facilitate the development of—
joint commitments and goals to improve nuclear safety, security, safeguards, and sustainability;
stronger international institutions that support nuclear safety, security, safeguards, and sustainability; and
a global nuclear liability regime.
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—
the safe and secure use, storage, and transport of nuclear and radiological materials;
managing the evolving cyber threat to nuclear and radiological security; and
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.
Report—
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—
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
the objectives that the parties to those commitments agreed to meet.
Requirement— The report under paragraph (1) shall detail—
any current and continuing nuclear security threat;
any progress made toward advancing nuclear security-related treaties;
any steps taken or needed to be taken—
to fulfill any obligations of the United States under existing nuclear security and safeguard treaties;
to manage cyber threats; or
to prevent the theft, sabotage, and illicit trafficking of nuclear materials, facilities, and technology, as applicable;
the role of the nuclear industry in preventing nuclear proliferation; and
any other topics discussed during the summit that relate to nuclear safety, security, safeguards, or sustainability.
Sec. 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”, for the purposes of—
identifying qualified organizations and service providers—
for embarking civil nuclear energy nations;
to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and
to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency;
coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under section 3(b)—
to identify funds to support payment for services required to develop a civil nuclear program;
to provide market analysis; and
to create—
project structure models;
models for electricity market analysis;
models for nonelectric applications market analysis; and
financial models;
identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program;
supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience;
developing and strengthening communications, engagement, and consensus-building;
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;
developing mechanisms for how to fund and staff the Center; and
determining mechanisms for the selection of the location or locations of the Center.
Sec. 12 Biennial civil nuclear vendor summit
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), the first of which shall be held on the date that is 180 days after the date of enactment of this Act.
Location— Each summit shall be held in—
Washington, DC; or
a country described in any of subparagraphs (A) through (H) of section 2(2).
Requirement— Each summit shall—
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
facilitate—
the development of—
cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing;
a standardized financing and project management framework for the construction of nuclear power plants;
a standardized licensing framework for civil nuclear technologies;
a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects;
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
a global nuclear liability regime;
cooperation for enhancing the overall aspects of civil nuclear power, such as—
nuclear safety, security, and safeguards;
nuclear laws (including regulations);
waste management;
quality management systems;
technology transfer;
human resources development;
localization;
reactor operations;
nuclear liability; and
decommissioning; and
the development and determination of the mechanisms described in paragraphs (7) and (8) of section 11.
Report—
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—
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
the objectives that the parties to those commitments agreed to meet.
Requirement— The report under paragraph (1) shall detail—
any steps taken to establish common financing relationships;
any progress made toward establishing a standardized financing, project management, and licensing framework;
any changes to the internal policies of multinational development banks, such as the World Bank, to support civil nuclear projects;
any steps taken or needed to be taken—
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;
to enable early-stage day-to-day support of embarking civil nuclear energy nations;
to address any gaps in the whole-of-government approach to international civil nuclear cooperation, exports, and investment developed by the Assistant; or
to improve the role of the Assistant in international outreach;
the role of the nuclear industry in establishing cooperative relationships; and
the competitiveness of available United States financing packages for civil nuclear exports, relative to international competitors.
Sec. 13 Strategic Infrastructure Fund Working Group
Establishment— There is established a working group, to be known as the “Strategic Infrastructure Fund Working Group” (referred to in this section as the working group).
Composition— The working group shall be—
led by the Assistant; and
composed of—
senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from—
the Department of State;
the Department of the Treasury;
the Department of Commerce;
the Department of Energy;
the Export-Import Bank of the United States;
the United States International Development Finance Corporation; and
the Nuclear Regulatory Commission;
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
any senior-level Federal official selected by the Assistant from any Federal agency or organization.
Reporting— The working group shall report to the National Security Council.
Duties— The working group shall—
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) to be used—
to support those aspects of projects relating to—
civil nuclear technologies;
rare earth elements and critical minerals (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))); and
microprocessors; and
for strategic investments identified by the working group; and
address critical areas in determining the appropriate design for the Fund, including—
transfer of assets to the Fund;
transfer of assets from the Fund;
how assets in the Fund should be invested; and
governance and implementation of the Fund.
Report required—
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.
Committees described— The committees referred to in paragraph (1) are—
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
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.
Sec. 14 Investment by allies and partners of the United States
Commercial licenses— Section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the second sentence—
by inserting “for a production facility” after “No license”; and
by striking “any any” and inserting “any”.
Medical therapy and research development licenses— Section 104 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended, in the second sentence, by inserting “for a production facility” after “No license”.
Sec. 15 Modification of powers and functions of the Export-Import Bank of the United States
Modification of prohibition on financing— Section 2(b)(5) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(5)) is amended, in the first sentence, by striking “any liquid metal fast breeder nuclear reactor or”.
Expansion of program on transformational exports—
in the subsection heading, by striking “China and”;
in paragraph (1)—
in the matter preceding subparagraph (A)—
by striking “The Bank shall establish a Program on China and” and inserting “Notwithstanding the Arrangement, the Bank shall establish a Program on”;
by striking “conditions,” and inserting “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,”; and
by striking “by the People’s Republic of China or”;
in subparagraph (A), by striking “by the People’s Republic of China or”; and
in subparagraph (B)—
in the matter preceding clause (i), by striking “the People’s Republic of China” and inserting “covered countries”;
by redesignating clauses (viii) through (xi) as clauses (ix) through (xii), respectively; and
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.”
by striking paragraph (2);
by redesignating paragraph (3) as paragraph (2);
in paragraph (2), as so redesignated—
in subparagraph (A), by striking “China and”;
in subparagraph (B)—
in the matter preceding clause (i), by striking “the People’s Republic of China is” and inserting “the People’s Republic of China and the Russian Federation are”; and
in clause (i), by striking “; and” and inserting “; or”;
in subparagraph (C)—
in the subparagraph heading, by striking “Sunset and”;
by striking the first sentence; and
by striking “4 years after enactment of this subsection” and inserting “December 20, 2023”; and
in subparagraph (D), by striking “China and”; and
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 means the Arrangement on Officially Supported Export Credits of the Organization for Economic Cooperation and Development.
“(B) Covered country—The term covered country means—
“(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.”
Conforming amendment— Section 8(l) of the Export-Import Bank Act of 1945 (12 U.S.C. 635g(l)) is amended—
in the subsection heading, by striking “Under the” and all that follows through “Exports” and inserting “Under the Program on Transformational Exports”; and
by striking “China and”.
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 note) is amended—
in the section heading, by striking “China” and inserting “the People’s Republic of China and the Russian Federation”;
in subsection (a), in the matter preceding paragraph (1), by striking “the government of China” and inserting “the Government of the People’s Republic of China or the Government of the Russian Federation”;
in subsection (c)(1)(C), by striking “the government of China” and inserting “the Government of the People’s Republic of China or the Government of the Russian Federation”;
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 means any person that the Bank has reason to believe is—
“(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 means any person that the Bank has reason to believe is—
“(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.”
in subsection (e)(2), in the matter preceding subparagraph (A), by striking “China is” and inserting “the People’s Republic of China and the Russian Federation are”.
Sec. 16 U.S. nuclear fuels security initiative to reduce reliance on nuclear fuels from Russia and China
Objectives— The objectives of this section are—
to expeditiously increase domestic production of low-enriched uranium (referred to in this section as LEU) by an annual amount determined by the Secretary to be 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;
to expeditiously increase domestic production of high-assay low-enriched uranium (referred to in this section as HALEU) by an annual amount determined by the Secretary to be sufficient to meet the needs of the consortium established under section 2001(a)(2)(F) of the Energy Policy Act of 2020 (42 U.S.C. 16281(a)(2)(F));
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;
to promote the domestic production, conversion, and enrichment of uranium; and
to promote the deployment of United States uranium enrichment technology.
Definition of Programs— In this section, the term Programs means—
the Nuclear Fuel Security Program established under subsection (c)(1);
the National Strategic Uranium Reserve Program established under subsection (c)(2); and
the American Assured Fuel Supply Program of the Department of Energy.
Establishment— The Secretary, consistent with the objectives described in subsection (a), shall establish—
a program, to be known as the “Nuclear Fuel Security Program”, 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 by increasing the amounts of LEU and HALEU produced by U.S. nuclear energy companies; and
a program, to be known as the “National Strategic Uranium Reserve Program”, to ensure the availability of domestically produced and converted uranium in the event of a supply disruption.
Nuclear Fuel Security Program— In carrying out the Nuclear Fuel Security Program, the Secretary shall—
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;
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;
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);
coordinate the operations of the Nuclear Fuel Security Program and the National Strategic Uranium Reserve Program as the Secretary determines to be appropriate; and
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.
National Strategic Uranium Reserve Program—
In general— In carrying out the National Strategic Uranium Reserve Program, the Secretary shall—
immediately on enactment of this Act, use the funds reallocated by paragraph (2) to initiate the establishment of a National Strategic Uranium Reserve;
make the National Strategic Uranium Reserve operational by acquiring uranium in amounts and timeframes specified by the Secretary;
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);
utilize only uranium produced and converted in the United States;
make uranium available from the National Strategic Uranium Reserve, subject to terms and conditions determined by the Secretary to be reasonable and appropriate;
coordinate the operations of the Nuclear Fuel Security Program and the National Strategic Uranium Reserve Program as the Secretary determines to be appropriate; and
take other actions that the Secretary determines to be necessary or appropriate to address a uranium supply disruption.
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” under the heading “National Nuclear Security Administration” under the heading “atomic energy defense activities” in title III of division D of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1369), that remain available as of the date of enactment of this Act shall be reallocated, as directed by the Secretary, for the purpose of establishing and initiating operation of the National Strategic Uranium Reserve by—
continuing the activities initiated by the National Nuclear Security Administration using the amounts described in that proviso;
carrying out other activities consistent with the purposes for which those amounts were made available under that Act; and
carrying out activities in accordance with the objectives described in subsection (a).
Continuation of the American Assured Fuel Supply Program— In carrying out the American Assured Fuel Supply Program, the Secretary shall—
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);
make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate;
coordinate the operations of the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program as the Secretary determines to be appropriate;
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
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).
Authority—
In general— In carrying out the Programs, the Secretary, in coordination with the Secretary of State, may—
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);
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;
establish milestones for achieving specified objectives, including the production of LEU and HALEU in amounts and timeframes specified by the Secretary; and
provide awards and other forms of incentives for meeting those milestones;
provide loan guarantees, other financial assistance, or assistance in the form of revenue guarantees or similar mechanisms;
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
notwithstanding section 3302 of title 31, United States Code—
receive and retain revenues from the sale or transfer of uranium, LEU, or HALEU and from other activities related to the Programs; and
expend those revenues for purposes related to the program from which the revenues are derived.
Availability of funds— The revenues described in paragraph (1)(F) shall remain available until expended.
Domestic sourcing considerations—
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—
the activity promotes manufacturing in the United States; or
the activity relies on resources, materials, or equipment developed or produced—
in the United States; or
in a country described in any of subparagraphs (A) through (H) of section 2(2) by—
a U.S. nuclear energy company;
an ally or partner nation; or
an associated entity.
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).
Exclusions— The Secretary may not carry out an activity in connection with the Programs with an entity that is—
owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or
organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China.
Nuclear regulatory commission— The Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and related statutes.
USEC Privatization Act—
In general— The requirements of section 3112 of the USEC Privatization Act (42 U.S.C. 2297h–10) shall not apply to activities related to the Programs.
Amendment— Section 3112A(c)(2)(A) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)(2)(A)) is amended—
in clause (xii), by inserting “and” after the semicolon at the end;
by striking clauses (xiii) through (xxvii); and
by adding at the end the following:
“(xiii) in calendar year 2026 and each calendar year thereafter, 0 kilograms.”
Authorization of appropriations— In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary—
for the Nuclear Fuel Security Program, $3,500,000,000 for fiscal year 2023, to remain available until September 30, 2031; and
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.