Sec. 202. Global nuclear cooperation
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Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commission, shall conduct a study on the global status of— the civilian nuclear energy industry; and the supply chains of the civilian nuclear energy industry. The study conducted under paragraph
(1)shall include— information on the status of the civilian nuclear energy industry, the long-term risks to such industry, and the basis for such risks; information on how the use of the civilian nuclear energy industry, relative to other types of energy industries, can reduce the emission of criteria pollutants and carbon dioxide; information on the role the United States civilian nuclear energy industry plays in United States foreign policy; information on the importance of the United States civilian nuclear energy industry to countries that are allied to the United States; information on how the United States may collaborate with such countries in developing, deploying, and investing in nuclear technology; information on how foreign countries use nuclear energy when crafting and implementing their own foreign policy, including such use by foreign countries that are strategic competitors; an evaluation of how nuclear nonproliferation and security efforts and nuclear energy safety are affected by the involvement of the United States in— international markets; and setting civilian nuclear energy industry standards; an evaluation of how industries in the United States, other than the civilian nuclear energy industry, benefit from the generation of electricity by nuclear power plants; information on utilities and companies in the United States that are involved in the civilian nuclear energy supply chain, including, with respect to such utilities and companies— financial challenges; nuclear liability issues; foreign strategic competition; and risks to continued operation; and recommendations for how the United States may— develop a national strategy to increase the role nuclear energy plays in diplomacy and strategic energy policy; develop a strategy to mitigate foreign competitor’s utilization of their civilian nuclear energy industries in diplomacy; align its nuclear energy policy with national security objectives; and remove regulatory barriers to the development of the United States civilian nuclear energy supply chain. Not later than 6 months after the study is conducted under paragraph (1), the Secretary of Energy shall submit to the appropriate committees of Congress a report, including a classified annex as necessary, on the results of such study. Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State and the Commission, shall develop and carry out a program under which the Secretary of Energy shall train foreign nuclear energy experts and standardize practices. In carrying out the program developed under paragraph (1), the Secretary of Energy shall— issue guidance for best safety practices in the global civilian nuclear energy industry based on practices established in the United States; train foreign nuclear energy experts on the operation and safety and security practices used by the United States civilian nuclear energy industry; review global supply chain risks for foreign civilian nuclear energy industries; identify weaknesses and concerns found in foreign civilian nuclear energy industries; and establish partnerships with foreign countries that have developed or are developing civilian nuclear energy industries. In this subsection, the term foreign nuclear energy expert does not include a person who is from a country— in which intellectual property theft is legal; that takes actions to undermine the civilian nuclear energy industry or other critical industries of the United States; or which the Secretary of Energy determines is inimical to the interest of the United States. The Commission shall— coordinate all work of the Commission relating to— issuing a license for the import or export of a nuclear reactor under section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ); and international regulatory cooperation and assistance relating to nuclear reactors; and support— the consideration of international technical standards to assist the design, licensing, and construction of advanced nuclear systems; efforts to help build competent nuclear regulatory organizations and legal frameworks in foreign countries that are seeking to develop civilian nuclear energy industries; and exchange programs and training provided in coordination with the Secretary of State to foreign countries relating to civilian nuclear energy industry regulation and oversight to improve nuclear technology licensing. In supporting exchange programs and training under paragraph (1)(B)(iii), the Commission shall consult with— the Secretary of Energy; the Secretary of State; the National Laboratories; the private sector; and institutions of higher education. The Commission may establish within the Office of International Programs of the Commission a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out the nuclear reactor export and innovation activities described in paragraph
(1)as the Commission determines appropriate. Section 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— in subsection (a), by adding at the end the following: The Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in section 202(c)(1) of the Atomic Energy Advancement Act . ; and in subsection (b)(1)(B), as amended by the preceding provisions of this Act, by adding at the end the following: Costs for international nuclear reactor export and innovation activities described in section 202(c)(1) of the Atomic Energy Advancement Act . . The amendments made by subparagraph
(A)shall take effect on October 1, 2024. In this subsection, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. Unless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ), no person subject to the jurisdiction of the Commission may possess or own covered fuel. The Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license. Subject to clause (iii), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in clause (ii). The determination referred to in clause
(i)is a determination that possession or ownership, as applicable, of covered fuel poses a threat to the national security of the United States that adversely impacts the physical and economic security of the United States. A determination described in subclause
(I)shall be jointly made by the Secretary of Energy and the Secretary of State. Not later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. The Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under item
(aa)of an application for a license to possess or own covered fuel, in which to make the determination described in subclause (I). On making the determination described in subclause (I), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. Not later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under item (cc), the Commission shall notify the appropriate committees of Congress of the determination. Not later than 15 days after the date on which the Commission notifies Congress under item
(dd)of a determination made under subclause (I), the Commission shall make that determination publicly available. The prohibition described in clause
(i)shall not apply if the Secretary of Energy and the Secretary of State do not make the determination described in clause
(ii)by the date described in subclause (III)(bb) of that clause. In this section: The term appropriate committees of Congress means each of the following: The Committee on Energy and Commerce of the House of Representatives. The Committee on Foreign Affairs of the House of Representatives. The Committee on Environment and Public Works of the Senate. The Committee on Energy and Natural Resources of the Senate. The Committee on Foreign Relations of the Senate. The term Commission means the Nuclear Regulatory Commission.
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