[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9098 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9098
To provide for civil nuclear coordination and strategy, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 30, 2022
Mr. Clyburn (for himself and Mr. Donalds) 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
Technology, 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 provide for civil nuclear coordination and strategy, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Nuclear Energy Act of
2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Ally or partner nation.--The term ``ally or partner
nation'' means--
(A) the government of any country that is a member
of the Organisation for Economic Co-operation and
Development;
(B) the Government of the Republic of India; and
(C) the government of any country designated as an
ally or partner nation by the Secretary of State for
purposes of this Act.
(3) Assistant.--The term ``Assistant'' means the Assistant
to the President and Director for International Nuclear Energy
Policy described in section 3(a)(1)(D).
(4) Associated entity.--The term ``associated entity''
means an entity that--
(A) is owned, controlled, or operated by--
(i) an ally or partner nation; or
(ii) an associated individual; or
(B) is organized under the laws of, or otherwise
subject to the jurisdiction of, a country described in
paragraph (2), including a corporation that is
incorporated in a country described in that paragraph.
(5) Associated individual.--The term ``associated
individual'' means a foreign national who is a national of a
country described in paragraph (2).
(6) Civil nuclear.--The term ``civil nuclear'' means
activities relating to--
(A) nuclear plant construction;
(B) nuclear fuel services;
(C) nuclear energy financing;
(D) nuclear plant operations;
(E) nuclear plant regulation;
(F) nuclear medicine;
(G) nuclear safety;
(H) community engagement in areas in reasonable
proximity to nuclear sites;
(I) infrastructure support for nuclear energy;
(J) nuclear plant decommissioning;
(K) nuclear liability;
(L) safe storage and safe disposal of spent nuclear
fuel;
(M) environmental safeguards;
(N) nuclear nonproliferation and security; and
(O) technology related to the matters described in
subparagraphs (A) through (N).
(7) Embarking civil nuclear energy nation.--
(A) In general.--The term ``embarking civil nuclear
energy nation'' means a country that--
(i) does not have a civil nuclear program;
(ii) is in the process of developing or
expanding a civil nuclear program, including
safeguards and a legal and regulatory
framework, for--
(I) nuclear safety;
(II) nuclear security;
(III) radioactive waste management;
(IV) civil nuclear energy;
(V) environmental safeguards;
(VI) community engagement in areas
in reasonable proximity to nuclear
sites;
(VII) nuclear liability; or
(VIII) advanced nuclear reactor
licensing;
(iii) is in the process of selecting,
developing, constructing, or utilizing advanced
light water reactors, advanced nuclear
reactors, or advanced civil nuclear
technologies; or
(iv) is eligible to receive development
lending from the World Bank.
(B) Exclusions.--The term ``embarking civil nuclear
energy nation'' does not include--
(i) the People's Republic of China;
(ii) the Russian Federation;
(iii) the Republic of Belarus;
(iv) the Islamic Republic of Iran;
(v) the Democratic People's Republic of
Korea;
(vi) the Republic of Cuba;
(vii) the Bolivarian Republic of Venezuela;
(viii) the Syrian Arab Republic; 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.); or
(II) the government of which the
Secretary of State has determined has
repeatedly provided support for acts of
international terrorism for purposes
of--
(aa) section 620A(a) of the
Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(bb) section 40(d) of the
Arms Export Control Act (22
U.S.C. 2780(d));
(cc) section
1754(c)(1)(A)(i) of the Export
Control Reform Act of 2018 (50
U.S.C. 4813(c)(1)(A)(i)); or
(dd) any other relevant
provision of law.
(8) Nuclear safety.--The term ``nuclear safety'' means
issues relating to the design, construction, operation, or
decommissioning of nuclear facilities in a manner that ensures
adequate protection of workers, the public, and the
environment, including--
(A) the safe operation of nuclear reactors and
other nuclear facilities;
(B) radiological protection of--
(i) members of the public;
(ii) workers; and
(iii) the environment;
(C) nuclear waste management;
(D) emergency preparedness;
(E) nuclear liability; and
(F) the safe transportation of nuclear materials.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(11) U.S. nuclear energy company.--The term ``U.S. nuclear
energy company'' means a company that--
(A) is organized under the laws of, or otherwise
subject to the jurisdiction of, the United States; and
(B) is involved in the nuclear energy industry.
SEC. 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'' (referred to in
this subsection as the ``Office'');
(C) the Office should act as a coordinating office
for--
(i) international civil nuclear
cooperation; and
(ii) civil nuclear export strategy;
(D) the Office should be headed by an individual
appointed as an Assistant to the President with the
title of ``Director for International Nuclear Energy
Policy''; and
(E) the Office should--
(i) coordinate civil nuclear export
policies for the United States;
(ii) develop, in coordination with the
officials described in paragraph (2), a
cohesive Federal strategy for engagement with
foreign governments (including ally or partner
nations and the governments of embarking civil
nuclear energy nations), associated entities,
and associated individuals with respect to
civil nuclear exports;
(iii) coordinate with the officials
described in paragraph (2) to ensure that
necessary framework agreements and trade
controls relating to civil nuclear materials
and technologies are in place for key markets;
and
(iv) develop--
(I) a whole-of-government
coordinating strategy for civil nuclear
cooperation;
(II) a whole-of-government strategy
for civil nuclear exports; and
(III) a whole-of-government
approach to support appropriate foreign
investment in civil nuclear energy
projects supported by the United States
in embarking civil nuclear energy
nations.
(2) Officials described.--The officials referred to in
paragraph (1)(E) are--
(A) 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'' (referred
to in this subsection as the ``working group'').
(2) Composition.--The working group shall be composed of--
(A) senior-level Federal officials, selected
internally by the applicable Federal agency or
organization, from--
(i) the Department of State;
(ii) the Department of Commerce;
(iii) the Department of Energy;
(iv) the Department of the Treasury;
(v) the Export-Import Bank of the United
States;
(vi) the United States International
Development Finance Corporation;
(vii) the Nuclear Regulatory Commission;
(viii) the Office of the United States
Trade Representative; and
(ix) the United States Trade and
Development Agency; and
(B) other senior-level Federal officials, selected
internally by the applicable Federal agency or
organization, from any other Federal agency or
organization that the Secretary determines to be
appropriate.
(3) Reporting.--The working group shall report to the
appropriate White House official, which may be the Assistant
(if appointed).
(4) Duties.--The working group shall 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.
SEC. 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.
SEC. 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'' means any United States competitiveness provision in
any agreement entered into by the Department of Energy,
including--
(A) a cooperative agreement;
(B) a cooperative research and development
agreement; and
(C) a patent waiver.
(2) Consideration.--In carrying out subsection (a), the
relevant officials described in that subsection shall consider
the impact of United States competitiveness clauses on any
financing relationships entered into or proposed to be entered
into under that subsection.
(3) Waiver.--The Secretary shall facilitate waivers of
United States competitiveness clauses as necessary to
facilitate financing relationships with ally or partner nations
under subsection (a).
SEC. 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.
SEC. 7. INTERNATIONAL CIVIL NUCLEAR ENERGY COOPERATION.
Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 16279b) is
amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary'' and inserting the following:
``(a) In General.--The Secretary'';
(2) in subsection (a) (as so designated)--
(A) in paragraph (1)--
(i) by striking ``financing,''; and
(ii) by striking ``and'' after the
semicolon at the end;
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``preparations for''; and
(ii) in subparagraph (C)(v), by striking
the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(3) to support, in 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 of 2022) in civil nuclear energy programs
outside the United States through--
``(A) bilateral and multilateral arrangements
developed and executed in coordination with the
Secretary of State that contain commitments for the
utilization of the reactors, fuel, equipment, services,
and technology of U.S. nuclear energy companies (as
defined in that section);
``(B) the designation of 1 or more U.S. nuclear
energy companies (as defined in that section) to
implement an arrangement under subparagraph (A) if the
Secretary determines that the designation is necessary
and appropriate to achieve the objectives of this
section;
``(C) the waiver of any provision of law relating
to competition with respect to any activity related to
an arrangement under subparagraph (A) if the Secretary,
in consultation with the Attorney General and the
Secretary of Commerce, determines that a waiver is
necessary and appropriate to achieve the objectives of
this section; and
``(D) the issuance of loans, loan guarantees, other
financial assistance, or assistance in the form of an
equity interest to carry out activities related to an
arrangement under subparagraph (A), to the extent
appropriated funds are available.''; and
(3) by adding at the end the following:
``(b) Requirements.--The program under subsection (a) shall--
``(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)); 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 2023 through 2027.''.
SEC. 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'') to provide financial assistance to, and facilitate the
building of technical capacities by, in accordance with this section,
embarking civil nuclear energy nations for activities relating to the
development of civil nuclear energy programs.
(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) 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. 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.
SEC. 10. ADVANCED REACTOR COORDINATION AND RESOURCE CENTER.
(a) In General.--The President shall consider the feasibility of
establishing a center, to be known as the ``Advanced Reactor
Coordination and Resource Center'' (referred to in this section as the
``Center''), for the purposes of--
(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.
SEC. 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)) is amended, in the second sentence--
(1) by inserting ``for a production facility'' after ``No
license''; and
(2) by striking ``any any'' and inserting ``any''.
(b) 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. 12. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP.
(a) 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'').
(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'') to be used--
(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))); and
(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).
SEC. 13. UNITED STATES SMALL MODULAR REACTOR INITIATIVE TO INCREASE
COMPETITIVENESS AND EXPORT OF UNITED STATES NUCLEAR
REACTOR TECHNOLOGIES.
(a) Objectives.--The objectives of this section are--
(1) to expeditiously demonstrate domestic origin small
modular reactor technology that is competitive in international
markets against designs offered by the Russian Federation and
the People's Republic of China;
(2) expeditiously promote and develop a domestic nuclear
supply chain to support near-term international export of small
modular reactors; and
(3) expeditiously develop and demonstrate small modular
reactor technology that utilizes reactor fuels derived from
low-enriched uranium.
(b) Authorization of Appropriations.--In addition to amounts
otherwise available, there are authorized to be appropriated to the
Secretary pursuant to the funding opportunity announcements of the
Department numbered DE-NE0008935 and DE-NE0008928, $1,439,000,000 for
fiscal year 2023, to remain available until September 30, 2031, for
ongoing work to support regulatory development, design, and deployment
activities.
SEC. 14. U.S. NUCLEAR FUELS SECURITY INITIATIVE TO REDUCE RELIANCE ON
NUCLEAR FUELS FROM RUSSIA AND CHINA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the allies of the United States
need to eliminate reliance on the Russian Federation for energy
fuels, including all forms of uranium;
(2) the Department should--
(A) prioritize activities to increase domestic
production of low-enriched uranium; and
(B) accelerate efforts to establish a domestic
high-assay, low-enriched uranium enrichment capability;
and
(3) if domestic enrichment of high-assay, low-enriched
uranium will not be commercially available at the scale needed
in time to meet the needs of the advanced nuclear reactor
demonstration projects of the Department, the Secretary shall
consider and implement, as necessary--
(A) all viable options to make high-assay, low-
enriched uranium produced from inventories owned by the
Department available in a manner that is sufficient to
maximize the potential for the Department to meet the
needs and schedules of advanced nuclear reactor
developers, without impacting existing Department
missions, until such time that commercial enrichment
and deconversion capability for high-assay, low-
enriched uranium exists at a scale sufficient to meet
future needs; and
(B) all viable options for partnering with ally or
partner nations to meet those needs and schedules until
that time.
(b) Objectives.--The objectives of this section are--
(1) to expeditiously increase domestic production of low-
enriched uranium to prevent the reliance of the United States
and, to the maximum extent practicable, ally or partner nations
on nuclear fuels from--
(A) the Russian Federation;
(B) the People's Republic of China; and
(C) other countries determined by the Secretary to
be insecure supply sources with respect to low-enriched
uranium;
(2) to expeditiously increase domestic production of high-
assay, low-enriched uranium by an annual quantity, and in such
form, determined by the Secretary to be sufficient to meet the
needs of--
(A) advanced nuclear reactor developers; and
(B) the consortium;
(3) to ensure the availability of domestically produced,
converted, and enriched uranium in a quantity determined by the
Secretary, in consultation with U.S. nuclear energy companies,
to be sufficient to address a reasonably anticipated supply
disruption;
(4) to address gaps and deficiencies in the domestic
production, conversion, enrichment, deconversion, and reduction
of uranium by partnering with ally or partner nations if
domestic options are not practicable;
(5) to ensure that, in the event of a supply disruption in
the nuclear fuel market, a reserve of nuclear fuels is
available to serve as a backup supply to support the nuclear
nonproliferation and civil nuclear energy objectives of the
Department;
(6) to support enrichment, deconversion, and reduction
technology deployed in the United States; and
(7) to ensure that, until such time that domestic
enrichment and deconversion of high-assay, low-enriched uranium
is commercially available at the scale needed to meet the needs
of advanced nuclear reactor developers, the Secretary considers
and implements, as necessary--
(A) all viable options to make high-assay, low-
enriched uranium produced from inventories owned by the
Department available in a manner that is sufficient to
maximize the potential for the Department to meet the
needs and schedules of advanced nuclear reactor
developers; and
(B) all viable options for partnering with ally or
partner nations to meet those needs and schedules.
(c) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Ally or partner nation.--The term ``ally or partner
nation'' means--
(A) the government of any country that is a member
of the Organisation for Economic Co-operation and
Development;
(B) the Government of the Republic of India; and
(C) the government of any country designated as an
ally or partner nation by the Secretary for purposes of
this section.
(3) Associated entity.--The term ``associated entity''
means an entity that--
(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 (C) of paragraph (2),
including a corporation that is incorporated in a
country described in any of those subparagraphs.
(4) Associated individual.--The term ``associated
individual'' means an alien who is a national of a country
described in any of subparagraphs (A) through (C) of paragraph
(2).
(5) Consortium.--The term ``consortium'' means the
consortium established under section 2001(a)(2)(F) of the
Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).
(6) Department.--The term ``Department'' means the
Department of Energy.
(7) High-assay, low-enriched uranium; haleu.--The term
``high-assay, low-enriched uranium'' or ``HALEU'' means high-
assay low-enriched uranium (as defined in section 2001(d) of
the Energy Act of 2020 (42 U.S.C. 16281(d))).
(8) Low-enriched uranium; leu.--The term ``low-enriched
uranium'' or ``LEU'' means each of--
(A) low-enriched uranium (as defined in section
3102 of the USEC Privatization Act (42 U.S.C. 2297h));
and
(B) low-enriched uranium (as defined in section
3112A(a) of that Act (42 U.S.C. 2297h-10a(a))).
(9) Programs.--The term ``Programs'' means--
(A) the Nuclear Fuel Security Program established
under subsection (d)(1);
(B) the American Assured Fuel Supply Program of the
Department; and
(C) the HALEU for Advanced Nuclear Reactor
Demonstration Projects Program established under
subsection (d)(3).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) U.S. nuclear energy company.--The term ``U.S. nuclear
energy company'' means a company that--
(A) is organized under the laws of, or otherwise
subject to the jurisdiction of, the United States; and
(B) is involved in the nuclear energy industry.
(d) Establishment and Expansion of Programs.--The Secretary,
consistent with the objectives described in subsection (b), shall--
(1) establish a program, to be known as the ``Nuclear Fuel
Security Program'', to prevent the reliance of the United
States and, to the maximum extent practicable, ally or partner
nations on LEU and HALEU from the Russian Federation and the
People's Republic of China by increasing the quantity of LEU
and HALEU produced by U.S. nuclear energy companies;
(2) expand the American Assured Fuel Supply Program of the
Department to ensure the availability of domestically produced,
converted, and enriched uranium in the event of a supply
disruption; and
(3) establish a program, to be known as the ``HALEU for
Advanced Nuclear Reactor Demonstration Projects Program''--
(A) to maximize the potential for the Department to
meet the needs and schedules of advanced nuclear
reactor developers until such time that commercial
enrichment and deconversion capability for HALEU exists
in the United States at a scale sufficient to meet
future needs; and
(B) where practicable, to partner with ally or
partner nations to meet those needs and schedules until
that time.
(e) Nuclear Fuel Security Program.--
(1) In general.--In carrying out the Nuclear Fuel Security
Program, the Secretary shall--
(A) not later than 180 days after the date of
enactment of this Act, enter into 2 or more contracts
to begin acquiring not less than 100 metric tons per
year of LEU by December 31, 2026 (or the earliest
operationally feasible date thereafter), to ensure
diverse domestic uranium mining, conversion,
enrichment, deconversion, and reduction capacity and
technologies, including new capacity, among U.S.
nuclear energy companies;
(B) not later than 180 days after the date of
enactment of this Act, enter into 2 or more contracts
with members of the consortium to begin acquiring not
less than 20 metric tons per year of HALEU by December
31, 2027 (or the earliest operationally feasible date
thereafter), from U.S. nuclear energy companies;
(C) utilize only uranium produced, converted, and
enriched in--
(i) the United States; or
(ii) if domestic options are not
practicable, a country described in any of
subparagraphs (A) through (C) of subsection
(c)(2);
(D) to the maximum extent practicable, ensure that
the use of domestic uranium utilized as a result of
that program does not negatively affect the economic
operation of nuclear reactors in the United States; and
(E) take other actions that the Secretary
determines to be necessary or appropriate to prevent
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.
(2) Considerations.--In carrying out paragraph (1)(B), the
Secretary shall consider and, if appropriate, implement--
(A) options to ensure the quickest availability of
commercially enriched HALEU, including--
(i) partnerships between 2 or more
commercial enrichers; and
(ii) utilization of up to 10-percent
enriched uranium as feedstock in demonstration-
scale or commercial HALEU enrichment
facilities;
(B) options to partner with ally or partner nations
to provide LEU and HALEU for commercial purposes;
(C) options that provide for an array of HALEU--
(i) enrichment levels;
(ii) output levels to meet demand; and
(iii) fuel forms, including uranium metal
and oxide; and
(D) options--
(i) to replenish, as necessary, Department
stockpiles of uranium that was intended to be
downblended for other purposes, but was instead
used in carrying out activities under the HALEU
for Advanced Nuclear Reactor Demonstration
Projects Program;
(ii) to continue supplying HALEU to meet
the needs of the recipients of an award made
pursuant to the funding opportunity
announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor
Demonstrations; and
(iii) to make HALEU available to other
advanced nuclear reactor developers and other
end-users.
(3) Avoidance of market disruptions.--In carrying out the
Nuclear Fuel Security Program, the Secretary, to the extent
practicable and consistent with the purposes of that program,
shall not disrupt or replace market mechanisms by competing
with U.S. nuclear energy companies.
(f) Expansion of the American Assured Fuel Supply Program.--The
Secretary, in consultation with U.S. nuclear energy companies, shall--
(1) expand the American Assured Fuel Supply Program of the
Department by merging the operations of the Uranium Reserve
Program of the Department with the American Assured Fuel Supply
Program; and
(2) in carrying out the American Assured Fuel Supply
Program of the Department, as expanded under paragraph (1)--
(A) maintain, replenish, diversify, or increase the
quantity of uranium made available by that program in a
manner determined by the Secretary to be consistent
with the purposes of that program and the objectives
described in subsection (b);
(B) utilize only uranium produced, converted, and
enriched in--
(i) the United States; or
(ii) if domestic options are not
practicable, a country described in any of
subparagraphs (A) through (C) of subsection
(c)(2);
(C) make uranium available from the American
Assured Fuel Supply, subject to terms and conditions
determined by the Secretary to be reasonable and
appropriate;
(D) refill and expand the supply of uranium in the
American Assured Fuel Supply, including by maintaining
a limited reserve of uranium to address a potential
event in which a domestic or foreign recipient of
uranium experiences a supply disruption for which
uranium cannot be obtained through normal market
mechanisms or under normal market conditions; and
(E) take other actions that the Secretary
determines to be necessary or appropriate to address
the purposes of that program and the objectives
described in subsection (b).
(g) HALEU for Advanced Nuclear Reactor Demonstration Projects
Program.--
(1) Activities.--On enactment of this Act, the Secretary
shall immediately accelerate and, as necessary, initiate
activities to make available from inventories or stockpiles
owned by the Department and made available to the consortium,
HALEU for use in advanced nuclear reactors that cannot operate
on uranium with lower enrichment levels or on alternate fuels,
with priority given to the awards made pursuant to the funding
opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations, with
additional HALEU to be made available to other advanced nuclear
reactor developers, as the Secretary determines to be
appropriate.
(2) Quantity.--In carrying out activities under this
subsection, the Secretary shall consider and implement, as
necessary, all viable options to make HALEU available in
quantities sufficient to maximize the potential for the
Department to meet the needs and schedules of advanced nuclear
reactor developers, including by seeking to make available--
(A) by September 30, 2024, not less than 3 metric
tons of HALEU;
(B) by December 31, 2025, not less than an
additional 8 metric tons of HALEU; and
(C) by June 30, 2026, not less than an additional
10 metric tons of HALEU.
(3) Factors for consideration.--In carrying out activities
under this subsection, the Secretary shall take into
consideration--
(A) options for providing HALEU from a stockpile of
uranium owned by the Department (including the National
Nuclear Security Administration), including--
(i) uranium that has been declared excess
to national security needs;
(ii) uranium that--
(I) directly meets the needs of
advanced nuclear reactor developers;
but
(II) has been previously used or
fabricated for another purpose;
(iii) uranium that can meet the needs of
advanced nuclear reactor developers after
removing radioactive or other contaminants that
resulted from previous use or fabrication of
the fuel for research, development,
demonstration, or deployment activities of the
Department, including activities that reduce
the environmental liability of the Department
by accelerating the processing of uranium from
stockpiles designated as waste;
(iv) uranium from a high-enriched uranium
stockpile, which can be blended with lower
assay uranium to become HALEU to meet the needs
of advanced nuclear reactor developers; and
(v) uranium from stockpiles intended for
other purposes, but for which uranium could be
swapped or replaced in time in such a manner
that would not negatively impact the missions
of the Department;
(B) options for expanding, or establishing new,
capabilities or infrastructure to support the
processing of uranium from Department inventories,
including options that may be mutually beneficial to
the Department and to U.S. nuclear energy companies;
(C) options for accelerating the availability of
HALEU from HALEU enrichment demonstration projects of
the Department;
(D) options for providing HALEU from domestically
enriched HALEU procured by the Department through a
competitive process pursuant to the Nuclear Fuel
Security Program established under subsection (d)(1);
(E) options to replenish, as needed, Department
stockpiles of uranium made available pursuant to
subparagraph (A) with domestically enriched HALEU
procured by the Department through a competitive
process pursuant to the Nuclear Fuel Security Program
established under subsection (d)(1); and
(F) options that combine 1 or more of the
approaches described in subparagraphs (A) through (E)
to meet the deadlines described in paragraph (2).
(4) Limitation.--The Secretary shall not barter or
otherwise sell or transfer uranium in any form in exchange for
services relating to--
(A) the final disposition of radioactive waste from
uranium that is the subject of a contract for sale,
resale, transfer, or lease under this subsection; or
(B) environmental cleanup activities.
(5) Sunset.--The authority of the Secretary to carry out
activities under this subsection shall terminate on the date on
which the Secretary notifies Congress that the HALEU needs of
advanced nuclear reactor developers can be fully met by
commercial HALEU suppliers in the United States, as determined
by the Secretary, in consultation with U.S. nuclear energy
companies.
(h) Authority.--In carrying out the Programs, the Secretary, in
coordination with the Secretary of State (where applicable)--
(1) 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.
nuclear 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;
(B) notwithstanding section 161 u. of the Atomic
Energy Act of 1954 (42 U.S.C. 2201(u)), enter into
contracts and other arrangements of such duration as
the Secretary determines to be necessary;
(C) 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 (b) in an
expeditious manner;
(D)(i) establish milestones for achieving specified
objectives, including the production of LEU and HALEU
in quantities and timeframes described in this section;
and
(ii) provide awards and other forms of incentives
for meeting those milestones; and
(E) provide loan guarantees, other financial
assistance, or assistance in the form of revenue
guarantees or similar mechanisms; and
(2) shall ensure that amounts charged to the Secretary for
the acquisition or provision of uranium, conversion services,
enrichment services, LEU, HALEU, and other goods and services
under the Programs provide, in the opinion of the Secretary, in
consultation with U.S. nuclear energy companies, reasonable
compensation, taking into account--
(A) the fair market value of the good or service
acquired or provided;
(B) the cost recovery requirements of the
consortium; and
(C) the objectives described in subsection (b).
(i) 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 associated with uranium supply chains; 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 (C) of subsection
(c)(2) by--
(I) an ally or partner nation;
(II) an associated entity; or
(III) a U.S. nuclear energy
company.
(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 (b).
(j) Reasonable Compensation.--
(1) In general.--In carrying out activities under this
section, the Secretary shall ensure that any LEU and HALEU made
available by the Secretary under 1 or more of the Programs is
subject to reasonable compensation, taking into account the
fair market value of the LEU or HALEU and the purposes of this
section.
(2) Availability of certain funds.--Notwithstanding section
3302 of title 31, United States Code, revenues received from
the sale or transfer of fuel feed material and other activities
related to making LEU and HALEU available pursuant to this
section--
(A) shall be available to the Department for
carrying out the purposes of this section, to reduce
the need for further appropriations for those purposes;
and
(B) shall remain available until expended.
(k) 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.
(l) 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.
(m) USEC Privatization Act.--
(1) 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.
(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'' after the
semicolon at the end;
(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.''.
(n) Prohibition on Importation of Uranium From the Russian
Federation and the People's Republic of China.--
(1) In general.--Notwithstanding section 3112A of the USEC
Privatization Act (42 U.S.C. 2297h-10a) or any other provision
of law, the importation of articles of the Russian Federation
or the People's Republic of China classifiable under subheading
2612.10, 2844.10, 2844.20, 2844.30.20, or 2844.30.50 of the
Harmonized Tariff Schedule of the United States is prohibited.
(2) Waiver of prohibition.--
(A) In general.--The Secretary may waive the
prohibition under paragraph (1) with respect to an
article if the Secretary, in consultation with the
Secretary of State and the Secretary of Commerce,
determines that--
(i) no viable source of alternative supply
of the article is available to sustain
continued operation of a nuclear reactor in the
United States; or
(ii) importation of the article from a
country other than the Russian Federation or
the People's Republic of China is in the
interest of national security.
(B) Notification to congress.--Not later than 60
days before issuing a waiver under subparagraph (A),
the Secretary shall notify the Committee on Energy and
Natural Resources of the Senate and the Committee on
Energy and Commerce of the House of Representatives of
the intent to issue the waiver, including a
justification for the waiver.
(C) Expiration of waiver authority.--The authority
provided to the Secretary under subparagraph (A)
expires on December 31, 2025.
(3) Effective date.--Paragraph (1) applies with respect to
articles entered, or withdrawn from warehouse for consumption,
on or after the date that is 45 days after the date of
enactment of this Act.
(o) 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, of which the Secretary may use $1,000,000,000 by
September 30, 2028, to carry out the HALEU for Advanced Nuclear
Reactor Demonstration Projects Program; and
(2) for the American Assured Fuel Supply Program of the
Department, as expanded under this section, such sums as are
necessary for the period of fiscal years 2023 through 2030, to
remain available until September 30, 2031.
SEC. 15. ISOTOPE DEMONSTRATION AND ADVANCED NUCLEAR RESEARCH
INFRASTRUCTURE ENHANCEMENT.
(a) Evaluation and Establishment of Isotope Demonstration
Program.--Section 952(a)(2)(A) of the Energy Policy Act of 2005 (42
U.S.C. 16272(a)(2)(A)) is amended by striking ``shall evaluate the
technical and economic feasibility of the establishment of'' and
inserting ``shall evaluate the technical and economic feasibility of,
and, if feasible, is authorized to establish,''.
(b) Advanced Nuclear Research Infrastructure Enhancement.--Section
954(a)(5) of the Energy Policy Act of 2005 (42 U.S.C. 16274(a)(5)) is
amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following:
``(E) Fuel services.--The Secretary shall expand
the Research Reactor Infrastructure subprogram of the
Radiological Facilities Management program of the
Department carried out under paragraph (6) to provide
fuel services to research reactors established under
this paragraph.''.
SEC. 16. REPORT ON CIVIL NUCLEAR CREDIT PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Energy shall submit to the appropriate committees of
Congress a report that identifies the anticipated funding requirements
for the civil nuclear credit program described in section 40323 of the
Infrastructure Investment and Jobs Act (42 U.S.C. 18753), taking into
account--
(1) the zero-emission nuclear power production credit
authorized by section 45U of the Internal Revenue Code of 1986;
and
(2) any increased fuel costs associated with the use of
domestic fuel that may arise from the implementation of that
program.
<all>