[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3486 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3486
To exert American nuclear leadership by establishing global
relationships and facilitating civil nuclear trade strategies with
embarking nuclear nations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. Donalds introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To exert American nuclear leadership by establishing global
relationships and facilitating civil nuclear trade strategies with
embarking nuclear nations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recoup American Nuclear Global
Leadership Act''.
SEC. 2. CIVIL NUCLEAR COORDINATION AND STRATEGY.
(a) White House Focal Point on Civil Nuclear Coordination.--
(1) Sense of congress.--Given the critical importance of
developing and implementing, with input from various agencies
throughout the executive branch, a cohesive policy with respect
to international efforts related to civil nuclear energy, it is
the sense of Congress that--
(A) there should be a focal point within the White
House, which may, if determined to be appropriate,
report to the National Security Council, for
coordination on issues relating to those efforts;
(B) to provide that focal point, the President
should establish, within the Executive Office of the
President, an office, to be known as the ``Office of
the Assistant to the President and Director for
International Nuclear Energy Policy'' (referred to in
this subsection as the ``Office'');
(C) the Office should act as a coordinating office
for--
(i) international civil nuclear
cooperation; and
(ii) civil nuclear export strategy;
(D) the Office should be headed by an individual
appointed as an Assistant to the President with the
title of ``Director for International Nuclear Energy
Policy''; and
(E) the Office should--
(i) coordinate civil nuclear export
policies for the United States;
(ii) develop, in coordination with the
officials described in paragraph (2), a
cohesive Federal strategy for engagement with
foreign governments (including ally or partner
nations and the governments of embarking civil
nuclear nations), associated entities, and
associated individuals with respect to civil
nuclear exports;
(iii) coordinate with the officials
described in paragraph (2) to ensure that
necessary framework agreements and trade
controls relating to civil nuclear materials
and technologies are in place for key markets;
and
(iv) develop--
(I) a whole-of-government
coordinating strategy for civil nuclear
cooperation;
(II) a whole-of-government strategy
for civil nuclear exports; and
(III) a whole-of-government
approach to support appropriate foreign
investment in civil nuclear energy
projects supported by the United States
in embarking civil nuclear nations.
(2) Officials described.--The officials referred to in
paragraph (1)(E) are--
(A) the appropriate officials of--
(i) the Department of State;
(ii) the Department of Energy;
(iii) the Department of Commerce;
(iv) the Department of Transportation;
(v) the Nuclear Regulatory Commission;
(vi) the Department of Defense;
(vii) the National Security Council;
(viii) the National Economic Council;
(ix) the Office of the United States Trade
Representative;
(x) the Office of Management and Budget;
(xi) the Office of the Director of National
Intelligence;
(xii) the Export-Import Bank of the United
States;
(xiii) the United States International
Development Finance Corporation;
(xiv) the United States Agency for
International Development;
(xv) the United States Trade and
Development Agency;
(xvi) the Office of Science and Technology
Policy; and
(xvii) any other Federal agency that the
President determines to be appropriate; and
(B) appropriate officials representing foreign
countries and governments, including--
(i) ally or partner nations;
(ii) embarking civil nuclear nations; and
(iii) any other country or government that
the Assistant (if appointed) and the officials
described in subparagraph (A) jointly determine
to be appropriate.
(b) Nuclear Exports Working Group.--
(1) Establishment.--There is established a working group,
to be known as the ``Nuclear Exports Working Group'' (referred
to in this subsection as the ``working group'').
(2) Composition.--The working group shall be composed of--
(A) senior-level Federal officials, selected
internally by the applicable Federal agency or
organization, from--
(i) the Department of State;
(ii) the Department of Commerce;
(iii) the Department of Energy;
(iv) the Department of the Treasury;
(v) the Export-Import Bank of the United
States;
(vi) the United States International
Development Finance Corporation;
(vii) the Nuclear Regulatory Commission;
(viii) the Office of the United States
Trade Representative; and
(ix) the United States Trade and
Development Agency; and
(B) other senior-level Federal officials, selected
internally by the applicable Federal agency or
organization, from any other Federal agency or
organization that the Secretary determines to be
appropriate.
(3) Reporting.--The working group shall report to the
appropriate White House official, which may be the Assistant
(if appointed).
(4) Duties.--The working group shall coordinate, not less
frequently than quarterly, with the Civil Nuclear Trade
Advisory Committee of the Department of Commerce, the Nuclear
Energy Advisory Committee of the Department of Energy, and
other advisory or stakeholder groups, as necessary, to maintain
an accurate and up-to-date knowledge of the standing of civil
nuclear exports from the United States, including with respect
to meeting the targets established as part of the 10-year civil
nuclear trade strategy described in paragraph (5)(A).
(5) Strategy.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the working group shall
establish a 10-year civil nuclear trade strategy,
including biennial targets for the export of civil
nuclear technologies, including light water and non-
light water reactors and associated equipment and
technologies, civil nuclear materials, and nuclear fuel
that align with meeting international energy demand
while seeking to avoid or reduce emissions.
(B) Collaboration required.--In establishing the
strategy under subparagraph (A), the working group
shall collaborate with--
(i) the Secretary;
(ii) the Secretary of Commerce;
(iii) the Secretary of State;
(iv) the Secretary of the Treasury;
(v) the Nuclear Regulatory Commission;
(vi) the President of the Export-Import
Bank of the United States;
(vii) the Chief Executive Officer of the
United States International Development Finance
Corporation;
(viii) the United States Trade
Representative; and
(ix) representatives of private industry.
SEC. 3. ENGAGEMENT WITH ALLY OR PARTNER NATIONS.
(a) In General.--The President shall launch, in accordance with
applicable nuclear technology export laws (including regulations), an
international initiative to modernize civil nuclear outreach to
embarking civil nuclear nations in order to improve the efficient and
effective exporting and importing of civil nuclear technologies and
materials.
(b) Financing.--In carrying out the initiative described in
subsection (a), the President, acting through an appropriate Federal
official, who may be the Assistant (if appointed) or the Chief
Executive Officer of the International Development Finance Corporation,
if determined to be appropriate, and in coordination with the officials
described in section 2(a)(2), may, if the President determines to be
appropriate, seek to establish cooperative financing relationships for
the export of civil nuclear technology, components, materials, and
infrastructure to embarking civil nuclear nations.
(c) Activities.--In carrying out the initiative described in
subsection (a), the President shall--
(1) assist nongovernmental organizations and appropriate
offices, administrations, agencies, laboratories, and programs
of the Department of Energy and other relevant Federal agencies
and offices in providing education and training to foreign
governments in nuclear safety, security, and safeguards--
(A) through engagement with the International
Atomic Energy Agency; or
(B) independently, if the applicable entity
determines that it would be more advantageous under the
circumstances to provide the applicable education and
training independently;
(2) assist the efforts of the International Atomic Energy
Agency to expand the support provided by the International
Atomic Energy Agency to embarking civil nuclear nations for
nuclear safety, security, and safeguards;
(3) coordinate the work of the Chief Executive Officer of
the United States International Development Finance Corporation
and the Export-Import Bank of the United States to expand
outreach to the private investment community to create public-
private financing relationships to assist in the adoption of
civil nuclear technologies by embarking civil nuclear nations,
including through exports from the United States; and
(4) seek to better coordinate, to the maximum extent
practicable, the work carried out by each of--
(A) the Nuclear Regulatory Commission;
(B) the Department of Energy;
(C) the Department of Commerce;
(D) the Nuclear Energy Agency;
(E) the International Atomic Energy Agency; and
(F) the nuclear regulatory agencies and
organizations of embarking civil nuclear nations and
ally or partner nations.
SEC. 4. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR PARTNER
NATIONS AND EMBARKING CIVIL NUCLEAR NATIONS.
(a) In General.--The President shall designate an appropriate White
House official, who may be the Assistant (if appointed), and the Chief
Executive Officer of the United States International Development
Finance Corporation to coordinate with the officials described in
section 2(a)(2) to develop, as the President determines to be
appropriate, financing relationships with ally or partner nations to
assist in the adoption of civil nuclear technologies exported from the
United States or ally or partner nations to embarking civil nuclear
nations.
(b) United States Competitiveness Clauses.--
(1) Definition of united states competitiveness clause.--In
this subsection, the term ``United States competitiveness
clause'' means any United States competitiveness provision in
any agreement entered into by the Department of Energy,
including--
(A) a cooperative agreement;
(B) a cooperative research and development
agreement; and
(C) a patent waiver.
(2) Consideration.--In carrying out subsection (a), the
relevant officials described in that subsection shall consider
the impact of United States competitiveness clauses on any
financing relationships entered into or proposed to be entered
into under that subsection.
(3) Waiver.--The Secretary shall facilitate waivers of
United States competitiveness clauses as necessary to
facilitate financing relationships with ally or partner nations
under subsection (a).
SEC. 5. COOPERATION WITH ALLY OR PARTNER NATIONS ON ADVANCED NUCLEAR
REACTOR DEMONSTRATION AND COOPERATIVE RESEARCH FACILITIES
FOR CIVIL NUCLEAR ENERGY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of State, in coordination with the Secretary
and the Secretary of Commerce, shall conduct bilateral and multilateral
meetings with not fewer than 5 ally or partner nations, with the aim of
enhancing nuclear energy cooperation among those ally or partner
nations and the United States, for the purpose of developing
collaborative relationships with respect to research, development,
licensing, and deployment of advanced nuclear reactor technologies for
civil nuclear energy.
(b) Requirement.--The meetings described in subsection (a) shall
include--
(1) a focus on cooperation to demonstrate and deploy
advanced nuclear reactors, with an emphasis on U.S. nuclear
energy companies, during the 10-year period beginning on the
date of enactment of this Act to provide options for addressing
energy security and climate change; and
(2) a focus on developing a memorandum of understanding or
any other appropriate agreement between the United States and
ally or partner nations with respect to--
(A) the demonstration and deployment of advanced
nuclear reactors; and
(B) the development of cooperative research
facilities.
(c) Financing Arrangements.--In conducting the meetings described
in subsection (a), the Secretary of State, in coordination with the
Secretary and the Secretary of Commerce, shall seek to develop
financing arrangements to share the costs of the demonstration and
deployment of advanced nuclear reactors and the development of
cooperative research facilities with the ally or partner nations
participating in those meetings.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary, the Secretary of State, and the Secretary of
Commerce shall jointly submit to Congress a report highlighting
potential partners--
(1) for the establishment of cost-share arrangements
described in subsection (c); or
(2) with which the United States may enter into agreements
with respect to--
(A) the demonstration of advanced nuclear reactors;
or
(B) cooperative research facilities.
SEC. 6. INTERNATIONAL CIVIL NUCLEAR ENERGY COOPERATION.
Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 16279b) is
amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary'' and inserting the following:
``(a) In General.--The Secretary'';
(2) in subsection (a) (as so designated)--
(A) in paragraph (1)--
(i) by striking ``financing,''; and
(ii) by striking ``and'' after the
semicolon at the end;
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``preparations for''; and
(ii) in subparagraph (C)(v), by striking
the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(3) to support, in coordination with the Secretary of
State, the safe, secure, and peaceful use of civil nuclear
technology in countries developing nuclear energy programs,
with a focus on countries that have increased civil nuclear
cooperation with the Russian Federation or the People's
Republic of China; and
``(4) to promote the fullest utilization of the reactors,
fuel, equipment, services, and technology of U.S. nuclear
energy companies (as defined in section 7 of the Recoup
American Nuclear Global Leadership Act) in civil nuclear energy
programs outside the United States through--
``(A) bilateral and multilateral arrangements
developed and executed in coordination with the
Secretary of State that contain commitments for the
utilization of the reactors, fuel, equipment, services,
and technology of U.S. nuclear energy companies (as
defined in that section);
``(B) the designation of 1 or more U.S. nuclear
energy companies (as defined in that section) to
implement an arrangement under subparagraph (A) if the
Secretary determines that the designation is necessary
and appropriate to achieve the objectives of this
section;
``(C) the waiver of any provision of law relating
to competition with respect to any activity related to
an arrangement under subparagraph (A) if the Secretary,
in consultation with the Attorney General and the
Secretary of Commerce, determines that a waiver is
necessary and appropriate to achieve the objectives of
this section; and
``(D) the issuance of loans, loan guarantees, other
financial assistance, or assistance in the form of an
equity interest to carry out activities related to an
arrangement under subparagraph (A), to the extent
appropriated funds are available.''; and
(3) by adding at the end the following:
``(b) Requirements.--The program under subsection (a) shall be
supported in consultation with the Secretary of State and implemented
by the Secretary--
``(1) to facilitate, to the maximum extent practicable,
workshops and expert-based exchanges to engage industry,
stakeholders, and foreign governments with respect to
international civil nuclear issues, such as--
``(A) training;
``(B) financing;
``(C) safety;
``(D) security;
``(E) safeguards;
``(F) liability;
``(G) advanced fuels;
``(H) operations; and
``(I) options for multinational cooperation with
respect to the disposal of spent nuclear fuel (as
defined in section 2 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101)); and
``(2) in coordination with--
``(A) the National Security Council;
``(B) the Secretary of State;
``(C) the Secretary of Commerce; and
``(D) the Nuclear Regulatory Commission.''.
SEC. 7. DEFINITIONS.
In this Act:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' means--
(A) a nuclear fission reactor, including a
prototype plant (as defined in sections 50.2 and 52.1
of title 10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared
to reactors operating on October 19, 2016, including
improvements such as--
(i) additional inherent safety features;
(ii) lower waste yields;
(iii) improved fuel and material
performance;
(iv) increased tolerance to loss of fuel
cooling;
(v) enhanced reliability or improved
resilience;
(vi) increased proliferation resistance;
(vii) increased thermal efficiency;
(viii) reduced consumption of cooling water
and other environmental impacts;
(ix) the ability to integrate into electric
applications and nonelectric applications;
(x) modular sizes to allow for deployment
that corresponds with the demand for
electricity or process heat; and
(xi) operational flexibility to respond to
changes in demand for electricity or process
heat and to complement integration with
intermittent renewable energy or energy
storage;
(B) a fusion reactor; and
(C) a radioisotope power system that utilizes heat
from radioactive decay to generate energy.
(2) Ally or partner nation.--The term ``ally or partner
nation'' means--
(A) the Government of any country that is a member
of the Organisation for Economic Co-operation and
Development;
(B) the Government of the Republic of India; and
(C) the Government of any country designated as an
ally or partner nation by the Secretary of State for
purposes of this Act.
(3) Assistant.--The term ``Assistant'' means the Assistant
to the President and Director for International Nuclear Energy
Policy described in section 2(a)(1)(D).
(4) Associated entity.--The term ``associated entity''
means an entity that--
(A) is owned, controlled, or operated by--
(i) an ally or partner nation; or
(ii) an associated individual; or
(B) is organized under the laws of, or otherwise
subject to the jurisdiction of, a country described in
paragraph (2), including a corporation that is
incorporated in a country described in that paragraph.
(5) Associated individual.--The term ``associated
individual'' means a foreign national who is a national of a
country described in paragraph (2).
(6) Civil nuclear.--The term ``civil nuclear'' means
activities relating to--
(A) nuclear plant construction;
(B) nuclear fuel services;
(C) nuclear energy financing;
(D) nuclear plant operations;
(E) nuclear plant regulation;
(F) nuclear medicine;
(G) nuclear safety;
(H) community engagement in areas in reasonable
proximity to nuclear sites;
(I) infrastructure support for nuclear energy;
(J) nuclear plant decommissioning;
(K) nuclear liability;
(L) safe storage and safe disposal of spent nuclear
fuel;
(M) environmental safeguards;
(N) nuclear nonproliferation and security; and
(O) technology related to the matters described in
subparagraphs (A) through (N).
(7) Embarking civil nuclear nation.--
(A) In general.--The term ``embarking civil nuclear
nation'' means a country that--
(i) does not have a civil nuclear energy
program;
(ii) is in the process of developing or
expanding a civil nuclear energy program,
including safeguards and a legal and regulatory
framework, for--
(I) nuclear safety;
(II) nuclear security;
(III) radioactive waste management;
(IV) civil nuclear energy;
(V) environmental safeguards;
(VI) community engagement in areas
in reasonable proximity to nuclear
sites;
(VII) nuclear liability; or
(VIII) advanced nuclear reactor
licensing;
(iii) is in the process of selecting,
developing, constructing, or utilizing advanced
light water reactors, advanced nuclear
reactors, or advanced civil nuclear
technologies; or
(iv) had an annual per capita gross
domestic product of not more than $28,000 in
2020.
(B) Exclusions.--The term ``embarking civil nuclear
nation'' does not include--
(i) the People's Republic of China;
(ii) the Russian Federation;
(iii) the Republic of Belarus;
(iv) the Islamic Republic of Iran;
(v) the Democratic People's Republic of
Korea;
(vi) the Republic of Cuba;
(vii) the Bolivarian Republic of Venezuela;
(viii) the Syrian Arab Republic;
(ix) Burma; or
(x) any other country--
(I) the property or interests in
property of the government of which are
blocked pursuant to the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
(II) the government of which the
Secretary of State has determined has
repeatedly provided support for acts of
international terrorism for purposes
of--
(aa) section 620A(a) of the
Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(bb) section 40(d) of the
Arms Export Control Act (22
U.S.C. 2780(d));
(cc) section
1754(c)(1)(A)(i) of the Export
Control Reform Act of 2018 (50
U.S.C. 4813(c)(1)(A)(i)); or
(dd) any other relevant
provision of law.
(8) Nuclear safety.--The term ``nuclear safety'' means
issues relating to the design, construction, operation, or
decommissioning of nuclear facilities in a manner that provides
reasonable assurance of adequate protection for workers, the
public, and the environment, including--
(A) the safe operation of nuclear reactors and
other nuclear facilities;
(B) radiological protection of--
(i) members of the public;
(ii) workers; and
(iii) the environment;
(C) nuclear waste management;
(D) emergency preparedness;
(E) nuclear liability; and
(F) the safe transportation of nuclear materials.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(11) U.S. nuclear energy company.--The term ``U.S. nuclear
energy company'' means a company that--
(A) is organized under the laws of, or otherwise
subject to the jurisdiction of, the United States; and
(B) is involved in the nuclear energy industry.
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