S.Amdt. 1930Senate117th Congress (2021-2023)2nd degree
S.Amdt. 1930
Sponsored by
Sen. Joe Manchin III (D-WV)
Submitted May 24, 2021
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Floor
Latest Action
Senate amendment submitted
May 24, 2021
Text
Submitted
SA 1930. Mr. MANCHIN (for himself and Mr. Cramer) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows: At the end of division F, add the following: TITLE IV--INTERNATIONAL NUCLEAR ENERGY SEC. 6401. DEFINITIONS. In this title: (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 the Government of each of the following: (A) A country that is a member of the North Atlantic Treaty Organization. (B) Japan. (C) The Republic of Korea. (D) Australia. (E) Switzerland. (F) Sweden. (G) Finland. (H) Any other country designated as an ally or partner nation by the Secretary of State for purposes of this title. (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 (H) 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 (H) of paragraph (2). (5) Newcomer nuclear nation.--The term ``newcomer nuclear nation'' means a country that-- (A) does not have a civil nuclear program; (B) is in the process of developing a civil nuclear program, including safeguards and a legal and regulatory framework, for-- (i) nuclear safety; (ii) nuclear security; (iii) radioactive waste management; and (iv) nuclear energy; or (C) is in the process of selecting, developing, constructing, or utilizing advanced nuclear reactors or advanced nuclear technologies. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (7) Special assistant.--The term ``Special Assistant'' means the Special Assistant to the President and Director for Nuclear Energy Policy described in section 6402(a)(3)(A). (8) Team usa.--The term ``Team USA'' means the interagency initiative to identify opportunities in emerging economies or newcomer nuclear nations for topics such as-- (A) nuclear plant construction; (B) nuclear fuel services; (C) nuclear energy financing; (D) nuclear plant operations; (E) nuclear plant regulation; (F) nuclear medicine; (G) infrastructure support for nuclear energy; and (H) nuclear plant decommissioning. (9) US nuclear energy company.--The term ``US nuclear energy company'' means a nuclear energy company organized under the laws of, or otherwise subject to the jurisdiction of, the United States. SEC. 6402. CIVIL NUCLEAR COORDINATION AND STRATEGY. (a) Office of the Special Assistant to the President and Director for Nuclear Energy Policy.-- (1) Establishment.--There is established in the Executive Office of the President an office, to be known as the ``Office of the Special Assistant to the President and Director for Nuclear Energy Policy'' (referred to in this subsection as the ``Office''). (2) Mission.--The Office shall act as the single coordinating office for-- (A) civil nuclear cooperation; and (B) civil nuclear export strategy. (3) Leadership.-- (A) Special assistant.-- (i) In general.--The Office shall be headed by the Special Assistant to the President and Director for Nuclear Energy Policy, who shall be appointed by the President. (ii) Reporting.--The Special Assistant shall report directly to the President. (iii) Duties.--The Special Assistant shall-- (I) coordinate civil nuclear exports from the United States; (II) develop a cohesive Federal strategy for engagement with foreign governments (including ally or partner nations and newcomer nuclear nations), associated entities, associated individuals, and international lending institutions with respect to civil nuclear exports; and (III) develop-- (aa) a whole-of-government coordinating strategy for civil nuclear cooperation; (bb) a whole-of-government strategy for civil nuclear exports; and (cc) a whole-of-government approach to support foreign investment in domestic construction projects. (B) Deputy special assistant.--The Special Assistant shall appoint a Deputy Special Assistant with experience in advising on civil nuclear project development and financing. (4) Staff.-- (A) Senior advisors.-- (i) In general.--The Special Assistant shall select a staff of not fewer than 4, and not more than 6, Senior Advisors to assist in the mission of the Office. (ii) Requirement.--The Senior Advisors selected under clause (i) shall be composed of individuals with diverse industry and government backgrounds, including individuals with backgrounds in-- (I) project financing; (II) construction development; (III) contract structuring and risk allocation; (IV) regulatory and licensing processes; (V) civil nuclear electric and nonelectric applications of nuclear technologies; and (VI) government-to-government negotiations. (B) Other staff.--The Special Assistant may hire such other additional personnel as may be necessary to carry out the mission of the Office. (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''). [[Page S3345]] (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; and (vii) the Nuclear Regulatory Commission; (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the Special Assistant from any Federal agency or organization. (3) Reporting.--The working group shall report to the Special Assistant. (4) Duties.--The working group shall-- (A) provide direction and advice to the Special Assistant; and (B) submit to the Civil Nuclear Trade Advisory Committee 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 5- year civil nuclear trade strategy, including targets for the export of civil nuclear technologies and materials 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) representatives of the Infrastructure Development and Finance Corporation; (viii) representatives of private industry; and (ix) representatives of ally or partner nations and newcomer nuclear nations. SEC. 6403. ENGAGEMENT WITH ALLY OR PARTNER NATIONS. (a) In General.--The Nuclear Regulatory Commission, in coordination with the Secretary of State, Team USA, and the Special Assistant, shall launch 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 to countries in the coalition described in subsection (b). (b) Coalition Described.--The coalition referred to in subsection (a) is a coalition of countries that-- (1) is developed for purposes of carrying out the initiative described in subsection (a); and (2) includes each ally or partner nation that is willing to participate in the coalition. (c) Activities.--In carrying out the initiative described in subsection (a), the Nuclear Regulatory Commission shall-- (1) provide funding to the International Atomic Energy Agency to provide education and training to foreign governments in nuclear safety, security, and safeguards; (2) assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to newcomer nuclear nations for nuclear safety, security, and safeguards; (3) expand outreach by the Special Assistant to the private investment community to create public-private financing relationships to assist in the export of civil nuclear technology to countries in the coalition described in subsection (b); (4) seek to harmonize, to the maximum extent practicable, the work carried out by the Nuclear Regulatory Commission, the work carried out by the International Atomic Energy Agency, and the work carried out by the nuclear regulatory agencies and organizations of newcomer nuclear nations and ally or partner nations; and (5) support the establishment of new regulatory measures and a new regulatory framework for the expeditious exporting and importing of civil nuclear technologies and materials. SEC. 6404. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR PARTNER NATIONS. The Secretary of State and the Secretary of Commerce, in coordination with the Special Assistant, shall develop cooperative financing relationships with ally or partner nations or newcomer nuclear nations to advance civil nuclear exports. SEC. 6405. EXPORT CONTROLS. (a) Fast-track Procedures.-- (1) In general.--Not later than 120 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, which may be similar to existing fast-track procedures in existing Federal export-control regulations-- (A) for deemed exports to-- (i) a list of countries defined by the Secretary; or (ii) destinations based on country criteria defined by the Secretary; (B) for widely deployed technologies available from multiple suppliers, such as light water reactor technology; or (C) to provide subsequent specific authorizations for a subset of the activities described in section 810.2 of that title with respect to a country after the first specific authorization with respect to that country is approved by the Secretary. (2) Subsequent authorizations.--Fast-track procedures to provide subsequent specific authorizations as described in paragraph (1)(C) may be for-- (A) types of activities that are commensurate with the types of activities covered by the applicable first specific authorization described in that paragraph; or (B) a broader set of activities than the activities covered by the applicable first specific authorization. (b) Report.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on-- (A) the processing times for applications for specific authorization submitted to the Secretary for activities described in section 810.7 of title 10, Code of Federal Regulations, for the 2-year period ending on that date of enactment; and (B) the average time taken for each step in the processing of those applications. (2) Requirements.-- (A) Authorization categories.--The report under paragraph (1) shall contain a breakdown of the information described in that paragraph by the following categories of specific authorizations: (i) Deemed exports. (ii) Enrichment and reprocessing transfers (also referred to as ``ENR''). (iii) All other exports. (B) Dates.--The report under paragraph (1) shall include, with respect to each application covered by the report, the amount of time taken for each step in the processing of the application. (C) Analysis of other countries.--The report under paragraph (1) shall provide an analysis of the application- processing times of other countries with respect to the same or similar categories of authorizations described in subparagraph (A), including the processing times of-- (i) the Governments of-- (I) Russia; (II) China; and (III) India; and (ii) each ally or partner nation. (D) Processing.--The report under subparagraph (A) shall provide details with respect to how the Department of Energy is handling the processing of applications for a specific authorization submitted to the Secretary under section 810.9 of title 10, Code of Federal Regulations (or successor regulations), in light of the August 13, 2018, amendment to section 161 n. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(n)) made by section 3116(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2291), including whether any changes in the delegation of functions by the Secretary have been formalized within the Department of Energy. SEC. 6406. COOPERATION WITH ALLY OR PARTNER NATIONS ON ADVANCED NUCLEAR REACTOR DEMONSTRATION AND THE VERSATILE TEST REACTOR. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Secretary of State, the Secretary of Commerce, and the Special 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, and deployment of advanced nuclear reactor technologies. (b) Requirement.--The meetings described in subsection (a) shall include-- (1) a focus on cooperation to demonstrate and deploy advanced nuclear reactors 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 Versatile Test Reactor. (c) Financing Arrangements.--In conducting the meetings described in subsection (a), the Secretary, in coordination with the Secretary of State, the Secretary of Commerce, and the Special Assistant, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the Versatile Test Reactor with the ally or partner nations participating in those meetings. (d) Report.--Not later than 180 days 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 [[Page S3346]] (2) with which the United States may enter into agreements with respect to-- (A) the demonstration of advanced nuclear reactors; or (B) the Versatile Test Reactor. SEC. 6407. INTERNATIONAL 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 ``; and''; and (C) by adding at the end the following: ``(3) to support, in consultation with the Secretary of State, the safe, secure, and peaceful use of nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with Russia or China.''; and (3) by adding at the end the following: ``(b) Requirements.--The program under subsection (a) shall-- ``(1) with respect to the function described in subsection (a)(3), be modeled after the International Military Education and Training program of the Department of State; and ``(2) be carried out-- ``(A) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as-- ``(i) training; ``(ii) financing; ``(iii) safety; ``(iv) security; ``(v) safeguards; ``(vi) operations; and ``(vii) 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. 6408. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Special Assistant shall launch an international initiative (referred to in this section as the ``initiative'') to provide grants, in accordance with this section-- (1) to newcomer nuclear nations for activities relating to the development of civil nuclear programs; and (2) to countries that are not newcomer nuclear nations for the construction of nuclear reactors and advanced nuclear reactors. (b) Grants.-- (1) In general.--In carrying out the initiative, the Special Assistant may award not more than 1 grant to each country, including each newcomer nuclear nation, each fiscal year. (2) Amount.--The amount of a grant awarded under the initiative shall be not more than $1,000,000. (3) Limitations.-- (A) In general.--The Special Assistant may award not more than 5 grants under the initiative to a single country, including each newcomer nuclear nation. (B) Purpose of certain grants.--The Special Assistant may award a grant under the initiative to a country that is not a newcomer nuclear nation if the grant is made for the purpose of constructing a nuclear reactor or an advanced nuclear reactor in that country. (c) Senior Advisors.-- (1) In general.--In carrying out the initiative, the Special Assistant shall provide a grant to a newcomer nuclear nation only if the newcomer nuclear nation is interested in partnering with, and agrees to partner with, a US nuclear energy company to hire 1 or more qualified senior advisors to assist the newcomer nuclear nation in establishing a civil nuclear program. (2) Requirement.--A senior advisor described in paragraph (1) shall seek to advise the newcomer nuclear nation on, and facilitate on behalf of the newcomer nuclear nation, 1 or more of the following: (A) The development of financing relationships. (B) The development of a standardized financing and project management framework for the construction of nuclear power plants. (C) The development of a standardized licensing framework for light water and non-light water civil nuclear technologies. (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 and risk management. (I) Technical assessments of nuclear reactors and technologies. (J) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the initiative $20,000,000 for each of fiscal years 2022 through 2026. SEC. 6409. BIENNIAL NUCLEAR SAFETY, SECURITY, AND SAFEGUARDS SUMMIT. (a) In General.--The Secretary, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Nuclear Regulatory Commission, and the Special Assistant shall hold a biennial nuclear safety, security, and safeguards summit (referred to in this section as a ``summit''). (b) Location.--Each summit shall be held in-- (1) Washington, DC; or (2) a country described in any of subparagraphs (A) through (H) of section 6401(2). (c) Requirement.--Each summit shall-- (1) be a forum in which leaders of ally or partner nations may engage with each other for the purpose of reinforcing the commitment to nuclear safety, security, and safeguards; and (2) facilitate the development of-- (A) joint commitments and goals to improve nuclear material safety, security, and safeguards; and (B) stronger international institutions that support nuclear safety, security, and safeguards. (d) Input From Industry.--Each summit shall include a meeting that convenes nuclear industry leaders 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. (e) Report.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, and 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 Special Assistant shall jointly submit to Congress a report highlighting-- (A) any commitments made by the United States or international partners of the United States, including an ally or partner nation, with respect to nuclear safety, security, or safeguards; and (B) the objectives that the parties to those commitments agreed to meet. (2) Requirement.--The report under paragraph (1) shall detail-- (A) any current and continuing nuclear security threat; (B) any progress made toward advancing nuclear security- related treaties; (C) any steps taken or needed to be taken-- (i) to fulfill any obligations of the United States under existing nuclear security treaties; (ii) to manage cyber threats; or (iii) to prevent illicit trafficking of nuclear materials and technology; (D) the role of the nuclear industry in preventing nuclear proliferation; and (E) any other topics discussed during the summit that relate to nuclear safety, security, and safeguards. SEC. 6410. BIENNIAL CIVIL NUCLEAR VENDOR SUMMIT. (a) In General.--The Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, the Chief Executive Officer of the United States International Development Finance Corporation, and the Special Assistant shall hold a biennial civil nuclear vendor summit. (b) Location.--A civil nuclear vendor summit under subsection (a) shall be held in-- (1) Washington, DC; or (2) a country described in any of subparagraphs (A) through (H) of section 6401(2). (c) Requirement.--A civil nuclear vendor summit under subsection (a) shall-- (1) be a forum in which leaders of ally or partner nations may engage with each other for the purpose of promoting the peaceful, responsible, and safe use of civil nuclear technologies; and (2) facilitate-- (A) the development of-- (i) cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing; (ii) a standardized financing and project management framework for the construction of nuclear power plants; (iii) a standardized licensing framework for civil nuclear technologies; (iv) a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects; and (v) a document containing any lessons learned from countries that have partnered with Russia or China with respect to nuclear power, including any detrimental outcomes resulting from that partnership; (B) cooperation for enhancing the overall aspects of civil nuclear power, such as-- [[Page S3347]] (i) nuclear safety and security; (ii) nuclear regulations; (iii) waste management; (iv) quality management systems; (v) technology transfer; (vi) human resources development; (vii) localization; (viii) reactor operations; and (ix) decommissioning; (C) the establishment of a ``Small Modular and Advanced Reactor Coordination and Resource Center'' (referred to in this paragraph as the ``Center'') for the purposes of-- (i) identifying qualified organizations and service providers-- (I) for newcomer nuclear nations; (II) to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and (III) to develop a standardized model for the establishment of a civil nuclear program that can be used internationally; (ii) coordinating with countries participating in the Center-- (I) to identify funds to support payment for services required to develop a civil nuclear program; (II) to provide market analysis; and (III) to create-- (aa) project structure models; (bb) models for electricity market analysis; (cc) models for nonelectric applications market analysis; and (dd) financial models; (iii) identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program; (iv) supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience; (v) developing and strengthening communications, engagement, and consensus-building; (vi) 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; (vii) developing mechanisms for how to fund and staff the Center; and (viii) determining mechanisms for the selection of the location or locations of the Center; and (D) the development and determination of the mechanisms described in clauses (vii) and (viii) of subparagraph (C) by the Center. (d) Report.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, and 120 days after the end of each civil nuclear vendor summit under subsection (a), the Secretary, the Secretary of State, the Secretary of Commerce, and the Special Assistant shall jointly submit to Congress a report highlighting-- (A) any commitments made by the United States or international partners of the United States, including an ally or partner nation, with respect to international civil nuclear export practices; and (B) the objectives that the parties to those commitments agreed to meet. (2) Requirement.--The report under paragraph (1) shall detail-- (A) any steps taken to establish common financing relationships; (B) any progress made toward establishing a standardized financing, project management, and licensing framework; (C) any changes to the internal policies of multinational development banks, such as the World Bank, to support civil nuclear projects; (D) any steps taken or needed to be taken-- (i) to rectify any obstacles that were identified after the applicable civil nuclear vendor summit but were unforeseen at the time of, and not discussed at, that summit; (ii) to enable early-stage day-to-day support of newcomer nuclear nations; (iii) to address any gaps in the whole-of-government approach to international civil nuclear cooperation, exports, and investment developed by the Special Assistant; or (iv) to improve the role of the Special Assistant in international outreach; and (E) the role of the nuclear industry in establishing cooperative relationships. SEC. 6411. 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 the Special Assistant; and (2) composed of-- (A) senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from-- (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Commerce; (iv) the Department of Energy; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; and (vii) the Nuclear Regulatory Commission; (B) other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the Special Assistant from any Federal agency or organization. (c) Reporting.--The working group shall report to the National Security Council. (d) Duties.--The working group shall-- (1) provide direction and advice to the Special Assistant 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. SEC. 6412. 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. 6413. MODIFICATION OF POWERS AND FUNCTIONS OF THE EXPORT-IMPORT BANK OF THE UNITED STATES. (a) Modification of Prohibition on Financing.--Section 2(b)(5) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(5)) is amended, in the first sentence, by striking ``any liquid metal fast breeder nuclear reactor or''. (b) Expansion of Program on Transformational Exports.-- (1) In general.--Section 2(l) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(l)) is amended-- (A) in the subsection heading, by striking ``China and''; (B) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``China and''; and (II) by striking ``by the People's Republic of China or''; (ii) in subparagraph (A), by striking ``by the People's Republic of China or''; and (iii) in subparagraph (B)-- (I) in the matter preceding clause (i), by striking ``the People's Republic of China'' and inserting ``covered countries''; (II) in clause (vi), by striking ``Renewable'' and inserting ``Clean''; (III) by redesignating clauses (viii) through (xi) as clauses (ix) through (xii), respectively; and (IV) by inserting after clause (vii) the following: ``(viii) Civil nuclear material and technologies.''; (C) by striking paragraph (2); (D) by redesignating paragraph (3) as paragraph (2); (E) in paragraph (2), as so redesignated-- (i) in subparagraph (A)-- (I) by striking ``20 percent'' and inserting ``30 percent''; and (II) by striking ``China and''; (ii) in subparagraph (B), in the matter preceding clause (i)-- (I) by striking ``20 percent'' and inserting ``30 percent''; and (II) by striking ``the People's Republic of China is'' and inserting ``the People's Republic of China and the Russian Federation are''; (iii) in subparagraph (C)-- (I) in the subparagraph heading, by striking ``Sunset and''; (II) by striking the first sentence; and (III) by striking ``4 years after enactment of this subsection'' and inserting ``December 20, 2023''; (iv) in subparagraph (D), by striking ``China and''; and (v) by adding at the end the following: ``(E) Content policy.--Under the Program on Transformational Exports, the Bank may provide loans, guarantees, or insurance for [[Page S3348]] up to 100 percent of the value of a transaction if-- ``(i) not less than 50 percent of the content of the goods and services exported pursuant to the transaction are of United States origin; and ``(ii) of the goods and services exported pursuant to the transaction that are not of United States origin, not less than 25 percent of the content of such goods and services originates from other members countries of the Organization for Economic Co-operation and Development. ``(F) Local cost policy.--If the Bank provides a loan, guarantee, or insurance for the export to a country of United States-origin goods or services under the Program on Transformational Exports, the Bank may also support the extension of loans, guarantees, or insurance for the purchase of goods or services that originate in that country in amount that does not exceed 50 percent of the value of the United States-origin goods and services exported. ``(G) Shipping requirements of foreign-origin components.-- Foreign-origin components included in a transaction for which the Bank provides a loan, guarantee, or insurance under the Program on Transformational Exports are not required-- ``(i) to be shipped from the United States; or ``(ii) to be shipped on United States-flagged merchant marine vessels.''; and (F) by adding at the end the following: ``(3) Sunset.--The Program on Transformational Exports shall expire on December 31, 2026. ``(4) Definitions.--In this subsection: ``(A) Arrangement.--The term `Arrangement' means the Arrangement on Officially Supported Export Credits of the Organization for Economic Co-operation and Development. ``(B) Clean energy, energy efficiency, and energy storage.--The term `clean energy, energy efficiency, and energy storage' includes the following: ``(i) Renewable energy systems. ``(ii) Hydrogen fuel cell technology for residential, industrial, or transportation applications. ``(iii) Zero-emission aircraft. ``(iv) Advanced nuclear energy facilities. ``(v) Carbon capture, utilization, and sequestration practices and technologies. ``(vi) Efficient electrical generation, transmission, and distribution technologies. ``(vii) Pollution control equipment. ``(viii) Energy storage technologies for residential, industrial, and transportation applications. ``(ix) Technologies and systems for reducing more potent greenhouse gas pollutants, including methane leakage from natural gas transmission and distribution infrastructure. ``(x) Manufacturing and deployment of nuclear supply components for advanced nuclear reactors. ``(xi) System-level energy management solutions. ``(xii) Applications of platform technologies, including data analytics, artificial intelligence, and other software to improve the energy efficiency and effectiveness of energy infrastructure, including electric grid operations. ``(xiii) Energy-water use efficiency in water resources infrastructure and water-using technologies. ``(xiv) Carbon-capture ready combined cycle natural gas or carbon-capture ready supercritical or ultra-supercritical coal plants if deemed to be replacing non-supercritical coal plants supplied by a covered country and in accordance with the Arrangement. ``(xv) Battery electric vehicles. ``(xvi) Electric vehicle charging infrastructure. ``(xvii) Innovative technologies for improving the resilience or reliability of existing energy infrastructure, including innovative approaches to improve the cybersecurity of energy technologies. ``(xviii) Innovative technologies for reducing greenhouse emissions from industrial processes, including cement and ammonia production. ``(xix) Any other projects that support innovative energy technologies or provide an input or application for such technologies. ``(C) 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 Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Development of the Senate; ``(II) is not a participant in the Arrangement; and ``(III) is not in substantial compliance with the financial terms and conditions of the Arrangement.''. (2) Conforming amendment.--Section 8(l) of the Export- Import Bank Act of 1945 (12 U.S.C. 635g(l)) is amended-- (A) in the subsection heading, by striking ``Under the'' and all that follows through ``Exports'' and inserting ``Under the Program on Transformational Exports''; and (B) in the text, by striking ``China and''. (c) Promotion of Clean Energy, Energy Efficiency, and Energy Storage.--Section 2(b)(1)(K) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(K)) is amended to read as follows: ``(K) The Bank shall promote the export of goods and services related to clean energy, energy efficiency, and energy storage (as defined in subsection (l)(4)). It shall be a goal of the Bank-- ``(i) to ensure that not less than 30 percent of the applicable amount (as defined in section 6(a)(2)) is made available each fiscal year for the financing of exports of such goods and services; and ``(ii) to ensure that not less than 10 percent of the applicable amount is made available each fiscal year for the financing of exports of goods and services relating to renewable energy sources.''. (d) Office of Financing for Clean Energy, Energy Efficiency, and Energy Storage.--Section 2(b)(1)(C) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(C)) is amended to read as follows: ``(C) Office of Financing for Clean Energy, Energy Efficiency, and Energy Storage.--The Board of Directors shall establish an office to promote the export of goods and services related to clean energy, energy efficiency, and energy storage (as defined in subsection (l)(4)). The office shall disseminate information with respect to opportunities to export such goods and services and the availability of financing from the Bank for such exports.''. (e) 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-- (1) in the section heading, by striking ``china'' and inserting ``the people's republic of china and the russian federation''; (2) in subsection (a), in the matter preceding paragraph (1), by striking ``the government of China'' and inserting ``the Government of the People's Republic of China or the Government of the Russian Federation''; (3) in subsection (c)(1)(C), by striking ``the government of China'' and inserting ``the Government of the People's Republic of China or the Government of the Russian Federation''; (4) by striking subsection (d) and inserting the following: ``(d) Definitions.--In this section: ``(1) Government of the people's republic of china.--The term `Government of the People's Republic of China' 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.''; and (5) 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''. ______