Recoup American Nuclear Global Leadership Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Recoup American Nu- 4 clear Global Leadership Act’’. 5 SEC. 2. CIVIL NUCLEAR COORDINATION AND STRATEGY. 6 (a) WHITE HOUSE FOCAL POINT ON CIVIL NUCLEAR 7 COORDINATION.— 8 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3486 IH (1) SENSE OF CONGRESS.—Given the critical 1 importance of developing and implementing, with 2 input from various agencies throughout the executive 3 branch, a cohesive policy with respect to inter- 4 national efforts related to civil nuclear energy, it is 5 the sense of Congress that— 6 (A) there should be a focal point within the 7 White House, which may, if determined to be 8 appropriate, report to the National Security 9 Council, for coordination on issues relating to 10 those efforts; 11 (B) to provide that focal point, the Presi- 12 dent should establish, within the Executive Of- 13 fice of the President, an office, to be known as 14 the ‘‘Office of the Assistant to the President 15 and Director for International Nuclear Energy 16 Policy’’ (referred to in this subsection as the 17 ‘‘Office’’); 18 (C) the Office should act as a coordinating 19 office for— 20 (i) international civil nuclear coopera- 21 tion; and 22 (ii) civil nuclear export strategy; 23 (D) the Office should be headed by an in- 24 dividual appointed as an Assistant to the Presi- 25 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3486 IH dent with the title of ‘‘Director for Inter- 1 national Nuclear Energy Policy’’; and 2 (E) the Office should— 3 (i) coordinate civil nuclear export poli- 4 cies for the United States; 5 (ii) develop, in coordination with the 6 officials described in paragraph (2), a co- 7 hesive Federal strategy for engagement 8 with foreign governments (including ally or 9 partner nations and the governments of 10 embarking civil nuclear nations), associ- 11 ated entities, and associated individuals 12 with respect to civil nuclear exports; 13 (iii) coordinate with the officials de- 14 scribed in paragraph (2) to ensure that 15 necessary framework agreements and trade 16 controls relating to civil nuclear materials 17 and technologies are in place for key mar- 18 kets; and 19 (iv) develop— 20 (I) a whole-of-government coordi- 21 nating strategy for civil nuclear co- 22 operation; 23 (II) a whole-of-government strat- 24 egy for civil nuclear exports; and 25 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3486 IH (III) a whole-of-government ap- 1 proach to support appropriate foreign 2 investment in civil nuclear energy 3 projects supported by the United 4 States in embarking civil nuclear na- 5 tions. 6 (2) OFFICIALS DESCRIBED.—The officials re- 7 ferred to in paragraph (1)(E) are— 8 (A) the appropriate officials of— 9 (i) the Department of State; 10 (ii) the Department of Energy; 11 (iii) the Department of Commerce; 12 (iv) the Department of Transpor- 13 tation; 14 (v) the Nuclear Regulatory Commis- 15 sion; 16 (vi) the Department of Defense; 17 (vii) the National Security Council; 18 (viii) the National Economic Council; 19 (ix) the Office of the United States 20 Trade Representative; 21 (x) the Office of Management and 22 Budget; 23 (xi) the Office of the Director of Na- 24 tional Intelligence; 25 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3486 IH (xii) the Export-Import Bank of the 1 United States; 2 (xiii) the United States International 3 Development Finance Corporation; 4 (xiv) the United States Agency for 5 International Development; 6 (xv) the United States Trade and De- 7 velopment Agency; 8 (xvi) the Office of Science and Tech- 9 nology Policy; and 10 (xvii) any other Federal agency that 11 the President determines to be appro- 12 priate; and 13 (B) appropriate officials representing for- 14 eign countries and governments, including— 15 (i) ally or partner nations; 16 (ii) embarking civil nuclear nations; 17 and 18 (iii) any other country or government 19 that the Assistant (if appointed) and the 20 officials described in subparagraph (A) 21 jointly determine to be appropriate. 22 (b) NUCLEAR EXPORTS WORKING GROUP.— 23 (1) ESTABLISHMENT.—There is established a 24 working group, to be known as the ‘‘Nuclear Ex- 25 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3486 IH ports Working Group’’ (referred to in this subsection 1 as the ‘‘working group’’). 2 (2) COMPOSITION.—The working group shall be 3 composed of— 4 (A) senior-level Federal officials, selected 5 internally by the applicable Federal agency or 6 organization, from— 7 (i) the Department of State; 8 (ii) the Department of Commerce; 9 (iii) the Department of Energy; 10 (iv) the Department of the Treasury; 11 (v) the Export-Import Bank of the 12 United States; 13 (vi) the United States International 14 Development Finance Corporation; 15 (vii) the Nuclear Regulatory Commis- 16 sion; 17 (viii) the Office of the United States 18 Trade Representative; and 19 (ix) the United States Trade and De- 20 velopment Agency; and 21 (B) other senior-level Federal officials, se- 22 lected internally by the applicable Federal agen- 23 cy or organization, from any other Federal 24 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3486 IH agency or organization that the Secretary deter- 1 mines to be appropriate. 2 (3) REPORTING.—The working group shall re- 3 port to the appropriate White House official, which 4 may be the Assistant (if appointed). 5 (4) DUTIES.—The working group shall coordi- 6 nate, not less frequently than quarterly, with the 7 Civil Nuclear Trade Advisory Committee of the De- 8 partment of Commerce, the Nuclear Energy Advi- 9 sory Committee of the Department of Energy, and 10 other advisory or stakeholder groups, as necessary, 11 to maintain an accurate and up-to-date knowledge of 12 the standing of civil nuclear exports from the United 13 States, including with respect to meeting the targets 14 established as part of the 10-year civil nuclear trade 15 strategy described in paragraph (5)(A). 16 (5) STRATEGY.— 17 (A) IN GENERAL.—Not later than 1 year 18 after the date of enactment of this Act, the 19 working group shall establish a 10-year civil nu- 20 clear trade strategy, including biennial targets 21 for the export of civil nuclear technologies, in- 22 cluding light water and non-light water reactors 23 and associated equipment and technologies, civil 24 nuclear materials, and nuclear fuel that align 25 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3486 IH with meeting international energy demand while 1 seeking to avoid or reduce emissions. 2 (B) COLLABORATION REQUIRED.—In es- 3 tablishing the strategy under subparagraph (A), 4 the working group shall collaborate with— 5 (i) the Secretary; 6 (ii) the Secretary of Commerce; 7 (iii) the Secretary of State; 8 (iv) the Secretary of the Treasury; 9 (v) the Nuclear Regulatory Commis- 10 sion; 11 (vi) the President of the Export-Im- 12 port Bank of the United States; 13 (vii) the Chief Executive Officer of the 14 United States International Development 15 Finance Corporation; 16 (viii) the United States Trade Rep- 17 resentative; and 18 (ix) representatives of private indus- 19 try. 20 SEC. 3. ENGAGEMENT WITH ALLY OR PARTNER NATIONS. 21 (a) IN GENERAL.—The President shall launch, in ac- 22 cordance with applicable nuclear technology export laws 23 (including regulations), an international initiative to mod- 24 ernize civil nuclear outreach to embarking civil nuclear na- 25 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3486 IH tions in order to improve the efficient and effective export- 1 ing and importing of civil nuclear technologies and mate- 2 rials. 3 (b) FINANCING.—In carrying out the initiative de- 4 scribed in subsection (a), the President, acting through 5 an appropriate Federal official, who may be the Assistant 6 (if appointed) or the Chief Executive Officer of the Inter- 7 national Development Finance Corporation, if determined 8 to be appropriate, and in coordination with the officials 9 described in section 2(a)(2), may, if the President deter- 10 mines to be appropriate, seek to establish cooperative fi- 11 nancing relationships for the export of civil nuclear tech- 12 nology, components, materials, and infrastructure to em- 13 barking civil nuclear nations. 14 (c) ACTIVITIES.—In carrying out the initiative de- 15 scribed in subsection (a), the President shall— 16 (1) assist nongovernmental organizations and 17 appropriate offices, administrations, agencies, lab- 18 oratories, and programs of the Department of En- 19 ergy and other relevant Federal agencies and offices 20 in providing education and training to foreign gov- 21 ernments in nuclear safety, security, and safe- 22 guards— 23 (A) through engagement with the Inter- 24 national Atomic Energy Agency; or 25 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3486 IH (B) independently, if the applicable entity 1 determines that it would be more advantageous 2 under the circumstances to provide the applica- 3 ble education and training independently; 4 (2) assist the efforts of the International Atom- 5 ic Energy Agency to expand the support provided by 6 the International Atomic Energy Agency to embark- 7 ing civil nuclear nations for nuclear safety, security, 8 and safeguards; 9 (3) coordinate the work of the Chief Executive 10 Officer of the United States International Develop- 11 ment Finance Corporation and the Export-Import 12 Bank of the United States to expand outreach to the 13 private investment community to create public-pri- 14 vate financing relationships to assist in the adoption 15 of civil nuclear technologies by embarking civil nu- 16 clear nations, including through exports from the 17 United States; and 18 (4) seek to better coordinate, to the maximum 19 extent practicable, the work carried out by each of— 20 (A) the Nuclear Regulatory Commission; 21 (B) the Department of Energy; 22 (C) the Department of Commerce; 23 (D) the Nuclear Energy Agency; 24 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3486 IH (E) the International Atomic Energy 1 Agency; and 2 (F) the nuclear regulatory agencies and or- 3 ganizations of embarking civil nuclear nations 4 and ally or partner nations. 5 SEC. 4. COOPERATIVE FINANCING RELATIONSHIPS WITH 6 ALLY OR PARTNER NATIONS AND EMBARK- 7 ING CIVIL NUCLEAR NATIONS. 8 (a) IN GENERAL.—The President shall designate an 9 appropriate White House official, who may be the Assist- 10 ant (if appointed), and the Chief Executive Officer of the 11 United States International Development Finance Cor- 12 poration to coordinate with the officials described in sec- 13 tion 2(a)(2) to develop, as the President determines to be 14 appropriate, financing relationships with ally or partner 15 nations to assist in the adoption of civil nuclear tech- 16 nologies exported from the United States or ally or part- 17 ner nations to embarking civil nuclear nations. 18 (b) UNITED STATES COMPETITIVENESS CLAUSES.— 19 (1) DEFINITION OF UNITED STATES COMPETI- 20 TIVENESS CLAUSE.—In this subsection, the term 21 ‘‘United States competitiveness clause’’ means any 22 United States competitiveness provision in any 23 agreement entered into by the Department of En- 24 ergy, including— 25 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 3486 IH (A) a cooperative agreement; 1 (B) a cooperative research and develop- 2 ment agreement; and 3 (C) a patent waiver. 4 (2) CONSIDERATION.—In carrying out sub- 5 section (a), the relevant officials described in that 6 subsection shall consider the impact of United 7 States competitiveness clauses on any financing rela- 8 tionships entered into or proposed to be entered into 9 under that subsection. 10 (3) WAIVER.—The Secretary shall facilitate 11 waivers of United States competitiveness clauses as 12 necessary to facilitate financing relationships with 13 ally or partner nations under subsection (a). 14 SEC. 5. COOPERATION WITH ALLY OR PARTNER NATIONS 15 ON ADVANCED NUCLEAR REACTOR DEM- 16 ONSTRATION AND COOPERATIVE RESEARCH 17 FACILITIES FOR CIVIL NUCLEAR ENERGY. 18 (a) IN GENERAL.—Not later than 2 years after the 19 date of enactment of this Act, the Secretary of State, in 20 coordination with the Secretary and the Secretary of Com- 21 merce, shall conduct bilateral and multilateral meetings 22 with not fewer than 5 ally or partner nations, with the 23 aim of enhancing nuclear energy cooperation among those 24 ally or partner nations and the United States, for the pur- 25 VerDate Sep 11 2014 00:55 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3486.IH H3486 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 3486 IH pose of developing collaborative relationships with respect 1 to research, development, licensing, and deployment of ad- 2 vanced nuclear reactor technologies for civil nuclear en- 3 ergy. 4 (b) REQUIREMENT.—The meetings described in sub- 5 section (a) shall include— 6 (1) a focus on cooperation to demonstrate and 7 deploy advanced nuclea [Text truncated for display. 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