S.Amdt. 952Senate118th Congress (2023-2025)
S.Amdt. 952
Sponsored by
Sen. Joe Manchin III (D-WV)
Submitted July 19, 2023
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Senate amendment submitted
July 19, 2023
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Senate amendment submitted
July 19, 2023
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Senate amendment submitted
July 19, 2023
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SA 952. Mr. MANCHIN (for himself and Mr. Risch) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title XXXI, insert the following: SEC. 31___. INTERNATIONAL NUCLEAR ENERGY ACT. (a) Short Title.--This section may be cited as the ``International Nuclear Energy Act''. (b) 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 of State for purposes of this section. (3) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committees on Foreign Relations and Energy and Natural Resources of the Senate; and (B) the Committees on Foreign Affairs and Energy and Commerce of the House of Representatives. (4) Assistant.--The term ``Assistant'' means the Assistant to the President and Director for International Nuclear Energy Policy described in subsection (c)(1)(D). (5) 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. (6) Associated individual.--The term ``associated individual'' means a foreign national who is a national of a country described in paragraph (2). (7) Civil nuclear.--The term ``civil nuclear'' means activities relating to-- (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). (8) 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; and (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; (ix) Burma; or [[Page S3404]] (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. (9) 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 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. (10) Secretary.--The term ``Secretary'' means the Secretary of Energy. (11) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (12) U.S. nuclear energy company.--The term ``U.S. nuclear energy company'' means a 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. (c) 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 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) appropriate officials of any 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. (d) 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 any Federal agency or organization that the President determines to be appropriate; 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) any Federal agency that the President determines to be appropriate; and (ii) representatives of private industry. (e) Engagement With Ally or Partner Nations.-- (1) 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. (2) Financing.--In carrying out the initiative described in paragraph (1), the President, acting through an appropriate Federal official, who may be the Assistant (if appointed) or the Chief Executive Officer of the United States International Development Finance Corporation, if determined to be appropriate, and in coordination with the officials described in subsection (c)(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. (3) Activities.--In carrying out the initiative described in paragraph (1), the President shall-- (A) 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-- (i) through engagement with the International Atomic Energy Agency; or (ii) independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently; (B) 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; (C) coordinate the work of the Chief Executive Officer of the United States International Development Finance Corporation and coordinate with the President of 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 energy nations, including through exports from the United States; (D) seek to better coordinate, to the maximum extent practicable, the work carried out by any Federal agency that the President determines to be appropriate; and (E) coordinate with the Export-Import Bank of the United States to improve the efficient and effective exporting of civil nuclear technologies and materials. (f) Cooperative Financing Relationships With Ally or Partner Nations and Embarking Civil Nuclear Energy Nations.-- (1) In general.--The President, acting through an appropriate Federal official, who may be the Assistant (if appointed) or the Chief Executive Officer of the United States International Development Finance Corporation, if determined to be appropriate, and in coordination with the officials described in subsection (c)(2), shall 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 energy nations. (2) United states competitiveness clauses.-- (A) Definition of united states competitiveness clause.--In this paragraph, the term ``United States competitiveness clause'' means any United States competitiveness provision in any agreement entered into by the Department of Energy, including-- (i) a cooperative agreement; [[Page S3405]] (ii) a cooperative research and development agreement; and (iii) a patent waiver. (B) Consideration.--In carrying out paragraph (1), the relevant officials described in that paragraph shall consider the impact of United States competitiveness clauses on any financing relationships entered into or proposed to be entered into under that paragraph. (C) Waiver.--The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under paragraph (1). (g) Cooperation With Ally or Partner Nations on Advanced Nuclear Reactor Demonstration and Cooperative Research Facilities for Civil Nuclear Energy.-- (1) 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. (2) Requirement.--The meetings described in paragraph (1) shall include-- (A) 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 (B) 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-- (i) the demonstration and deployment of advanced nuclear reactors; and (ii) the development of cooperative research facilities. (3) Financing arrangements.--In conducting the meetings described in paragraph (1), 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. (4) 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-- (A) for the establishment of cost-share arrangements described in paragraph (3); or (B) with which the United States may enter into agreements with respect to-- (i) the demonstration of advanced nuclear reactors; or (ii) cooperative research facilities. (h) 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 subsection (b) of the International Nuclear Energy 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 subsection); ``(B) the designation of 1 or more U.S. nuclear energy companies (as defined in that subsection) 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 any Federal agency that the President determines to be appropriate. ``(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.''. (i) International Civil Nuclear Program Support.-- (1) 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 subsection as the ``initiative'') to provide financial assistance to, and facilitate the building of technical capacities by, in accordance with this subsection, embarking civil nuclear energy nations for activities relating to the development of civil nuclear energy programs. (2) Financial assistance.-- (A) 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 paragraph-- (i) for activities relating to the development of civil nuclear energy programs; and (ii) to facilitate the building of technical capacities for those activities. (B) Amount.--The amount of a grant of financial assistance under subparagraph (A) shall be not more than $5,500,000. (C) Limitations.--The Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award-- (i) not more than 1 grant of financial assistance under subparagraph (A) to any 1 embarking civil nuclear energy nation each fiscal year; and (ii) not more than a total of 5 grants of financial assistance under subparagraph (A) to any 1 embarking civil nuclear energy nation. (3) Senior advisors.-- (A) 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. (B) Requirement.--A senior advisor described in subparagraph (A) 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: (i) The development of financing relationships. (ii) The development of a standardized financing and project management framework for the construction of nuclear power plants. (iii) 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. (iv) The identification of qualified organizations and service providers. (v) The identification of funds to support payment for services required to develop a civil nuclear program. (vi) Market analysis. (vii) The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program. (viii) Risk allocation, risk management, and nuclear liability. (ix) Technical assessments of nuclear reactors and technologies. (x) 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). (xi) Stakeholder engagement. (xii) Management of spent nuclear fuel and nuclear waste. (xiii) 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. (C) Clarification.--Financial assistance under this paragraph may be provided to an [[Page S3406]] embarking civil nuclear energy nation in addition to any financial assistance provided to that embarking civil nuclear energy nation under paragraph (2). (4) Limitation on assistance to embarking civil nuclear energy nations.--Not later than 1 year after the date of enactment of this Act, the Offices of the Inspectors General for the Department of State and the Department of Energy shall coordinate-- (A) to establish and submit to the appropriate committees of Congress a joint strategic plan to conduct comprehensive oversight of activities authorized under this subsection to prevent fraud, waste, and abuse; and (B) to engage in independent and effective oversight of activities authorized under this subsection through joint or individual audits, inspections, investigations, or evaluations. (5) 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. (j) Biennial Cabinet-level International Conference on Nuclear Safety, Security, Safeguards, and Sustainability.-- (1) 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 subsection as a ``conference''). (2) Conference functions.--It is the sense of Congress that each conference should-- (A) be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to-- (i) nuclear safety, security, safeguards, and sustainability; (ii) environmental safeguards; and (iii) local community engagement in areas in reasonable proximity to nuclear sites; and (B) facilitate-- (i) the development of-- (I) joint commitments and goals to improve-- (aa) nuclear safety, security, safeguards, and sustainability; (bb) environmental safeguards; and (cc) 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; (ii) 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 (iii) the development and determination of the mechanisms described in subparagraphs (G) and (H) of subsection (k)(1), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that subsection. (3) 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-- (A) the safe and secure use, storage, and transport of nuclear and radiological materials; (B) managing the evolving cyber threat to nuclear and radiological security; and (C) 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. (k) Advanced Reactor Coordination and Resource Center.-- (1) In general.--The President shall consider the feasibility of leveraging existing activities or frameworks or, as necessary, establishing a center, to be known as the ``Advanced Reactor Coordination and Resource Center'' (referred to in this subsection as the ``Center''), for the purposes of-- (A) identifying qualified organizations and service providers-- (i) for embarking civil nuclear energy 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 by the International Atomic Energy Agency; (B) coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under subsection (d)-- (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-- (I) project structure models; (II) models for electricity market analysis; (III) models for nonelectric applications market analysis; and (IV) financial models; (C) identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program; (D) supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience; (E) developing and strengthening communications, engagement, and consensus-building; (F) 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; (G) developing mechanisms for how to fund and staff the Center; and (H) determining mechanisms for the selection of the location or locations of the Center. (2) Objective.--The President shall carry out paragraph (1) with the objective of establishing the Center if the President determines that it is feasible to do so. (l) Investment by Allies and Partners of the United States.-- (1) Commercial licenses.--Section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the second sentence-- (A) by inserting ``for a production facility'' after ``No license''; and (B) by striking ``any any'' and inserting ``any''. (2) 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''. (m) Strategic Infrastructure Fund Working Group.-- (1) Establishment.--There is established a working group, to be known as the ``Strategic Infrastructure Fund Working Group'' (referred to in this subsection as the ``working group'') to provide input on the feasibility of establishing a program to support strategically important capital- intensive infrastructure projects. (2) Composition.--The working group shall be-- (A) 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 (B) composed of-- (i) senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any Federal agency or organization that the President determines to be appropriate; (ii) 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 (iii) any senior-level Federal official selected by the White House official described in subparagraph (A) from any Federal agency or organization. (3) Reporting.--The working group shall report to the National Security Council. (4) Duties.--The working group shall-- (A) provide direction and advice to the officials described in subsection (c)(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 paragraph as the ``Fund'') to be used-- (i) to support those aspects of projects relating to-- (I) civil nuclear technologies; and (II) microprocessors; and (ii) for strategic investments identified by the working group; and (B) address critical areas in determining the appropriate design for the Fund, including-- (i) transfer of assets to the Fund; (ii) transfer of assets from the Fund; (iii) how assets in the Fund should be invested; and (iv) governance and implementation of the Fund. (5) Report required.-- (A) 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 subparagraph (B) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund. (B) Committees described.--The committees referred to in subparagraph (A) are-- (i) 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 [[Page S3407]] (ii) 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. (C) Administration of the fund.--The report submitted under subparagraph (A) shall include suggested legislative language requiring all expenditures from a Strategic Infrastructure Fund established in accordance with this subsection to be administered by the Secretary of State (or a designee of the Secretary of State). (n) Notification With Respect to Safety and Security of New Exports of Advanced Nuclear Reactors.--Before the United States may export an advanced nuclear reactor to a country that has not previously received an advanced nuclear reactor from the United States, the Secretary, in coordination with the Secretary of State, shall provide a notification to the appropriate committees of Congress that addresses whether the country-- (1) is technically equipped to safely operate and maintain the advanced nuclear reactor; and (2) has a transparency plan in place for oversight of any assistance received from the United States Government for the purpose of purchasing the advanced nuclear reactor. (o) Ensuring Continued Safety and Security Oversight of Enhanced Energy Cooperation.-- (1) Briefing required.-- (A) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Defense, and the Secretary (or their designees) shall jointly brief the committees of Congress described in subparagraph (B) on the procedures being used to mitigate any nuclear proliferation risks of-- (i) any recommendations for enhanced energy cooperation that may emerge from the meetings described in subsection (g)(1); or (ii) any new exports of advanced nuclear reactors. (B) Committees of congress described.--The committees of Congress referred to in subparagraph (A) are-- (i) the Committees on Foreign Relations, Energy and Natural Resources, and Armed Services of the Senate; and (ii) the Committees on Foreign Affairs, Energy and Commerce, and Armed Services of the House of Representatives. (2) Prohibition on exports of nuclear reactors to certain countries.--On and after the date of the enactment of this Act, an advanced nuclear reactor may not be exported from the United States to a country unless that country-- (A) has signed an additional protocol to its safeguards agreement with the International Atomic Energy Agency; (B) has put in place a comprehensive safeguards agreement and is working toward signing an additional protocol with the International Atomic Energy Agency; or (C) is party to a civilian nuclear cooperation agreement under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) (commonly known as a ``123 Agreement''). (p) Joint Assessment Between the United States and India on Nuclear Liability Rules.-- (1) In general.--The Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall establish and maintain within the U.S.-India Strategic Security Dialogue a joint consultative mechanism with the Government of the Republic of India that convenes on a recurring basis-- (A) to assess the implementation of the Agreement for Cooperation between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy, signed at Washington October 10, 2008 (TIAS 08-1206); (B) to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and (C) to develop a strategy for the United States and the Republic of India to pursue bilateral and multilateral diplomatic engagements related to analyzing and implementing those opportunities. (2) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that describes the joint assessment developed pursuant to paragraph (1)(A). (q) Lessons Learned From the Zaporizhzhya Nuclear Power Plant.-- (1) Briefing.-- (A) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of State (or a designee of the Secretary of State) shall provide a briefing to the appropriate committees of Congress regarding the capture of the Zaporizhzhya nuclear power plant by Russian armed forces. (B) Requirements.--The briefing required by subparagraph (A) shall focus on-- (i) events leading up to the capture of the Zaporizhzhya nuclear power plant by Russian armed forces; (ii) ongoing efforts to ensure the continued operation of the reactor and the safety and security of the plant; (iii) efforts to mitigate potential risks to the surrounding civilian population; and (iv) any safety and security measures implemented since the capture. (2) Report.-- (A) In general.--Not later than 120 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report outlining lessons learned from attacks on the Zaporizhzhya nuclear power plant, including-- (i) the efforts to ensure the safety and security of the Zaporizhzhya nuclear power plant; (ii) how those lessons can be applied to other nuclear sites in Ukraine while there is an ongoing threat of armed conflict in Ukraine; and (iii) how those lessons could apply to other nuclear power plants in the event of armed conflict. (B) Form of report.--The report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex. ______