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Code · BILL · 119th Congress · S. 2296 (Engrossed in Senate) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 6023

Sec. 6023. International nuclear energy

4,390 words·~20 min read·/bill/119/s/2296/es/section-6023

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This section may be cited as the . International Nuclear Energy Act of 2025 In this section: The term advanced nuclear reactor means— a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to reactors operating on October 19, 2016, including improvements such as— additional inherent safety features; lower waste yields; improved fuel and material performance; increased tolerance to loss of fuel cooling; enhanced reliability or improved resilience; increased proliferation resistance; increased thermal efficiency; reduced consumption of cooling water and other environmental impacts; the ability to integrate into electric applications and nonelectric applications; modular sizes to allow for deployment that corresponds with the demand for electricity or process heat; and operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage; a fusion machine (as defined in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 )); and a radioisotope power system that utilizes heat from radioactive decay to generate energy.
The term ally or partner nation means— the Government of any country that is a member of the Organisation for Economic Co-operation and Development; the Government of the Republic of India; and the Government of any country designated as an ally or partner nation by the Secretary of State for purposes of this section. The term appropriate committees of Congress means— the Committees on Foreign Relations, Homeland Security and Governmental Affairs, and Energy and Natural Resources of the Senate; and the Committees on Foreign Affairs and Energy and Commerce of the House of Representatives.
The term associated entity means an entity that— is owned, controlled, or operated by— an ally or partner nation; or an associated individual; or 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. The term associated individual means a foreign national who is a national of a country described in paragraph (2). The term civil nuclear means activities relating to— nuclear plant construction; nuclear fuel services; nuclear energy financing; nuclear plant operations; nuclear plant regulation; nuclear medicine; nuclear safety; community engagement in areas in reasonable proximity to nuclear sites; infrastructure support for nuclear energy; nuclear plant decommissioning; nuclear liability; safe storage and safe disposal of spent nuclear fuel; environmental safeguards; nuclear nonproliferation and security; and technology related to the matters described in subparagraphs
(A)through (N). The term embarking civil nuclear nation means a country that— does not have a civil nuclear energy program; is in the process of developing or expanding a civil nuclear energy program, including safeguards and a legal and regulatory framework, for— nuclear safety; nuclear security; radioactive waste management; civil nuclear energy; environmental safeguards; community engagement in areas in reasonable proximity to nuclear sites; nuclear liability; or advanced nuclear reactor licensing; is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced civil nuclear technologies; or is eligible to receive development lending from the World Bank. The term embarking civil nuclear nation does not include— the People’s Republic of China; the Russian Federation; the Republic of Belarus; the Islamic Republic of Iran; the Democratic People’s Republic of Korea; the Republic of Cuba; the Bolivarian Republic of Venezuela; Burma; or any other country— 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 the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism for purposes of— section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ); or any other relevant provision of law. The term National Energy Dominance Council means the National Energy Dominance Council established within the Executive Office of the President under Executive Order 14213 (90 Fed. Reg. 9945; relating to establishing the National Energy Dominance Council). The term Secretary means the Secretary of Energy. 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 ). The term U.S. nuclear energy company means a company that— is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and is involved in the nuclear energy industry. There is established a working group, to be known as the Nuclear Exports Working Group (referred to in this subsection as the working group ). The working group shall be composed of— 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 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. The working group shall report to the President or 1 or more Federal officials designated by the President, if applicable. 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). 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 and prevent the dissemination of nuclear technology, materials, and weapons to adversarial nations and terrorist groups. In establishing the strategy under subparagraph (A), the working group shall collaborate with— any Federal agency that the President determines to be appropriate; and representatives of private industry and experts in nuclear security and risk reduction, as appropriate. 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 nations. In carrying out the initiative described in paragraph (1), the President, acting through an appropriate Federal official, and in coordination with the officials described in subparagraph (B), may, if the President determines to be appropriate, seek to establish cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to embarking civil nuclear nations. The officials referred to in subparagraph
(A)are— appropriate officials of any Federal agency that the President determines to be appropriate; and appropriate officials representing foreign countries and governments, including— ally or partner nations; embarking civil nuclear nations; and any other country or government that the President (or 1 or more Federal officials designated by the President) and the officials described in clause
(i)jointly determine to be appropriate. In carrying out the initiative described in paragraph (1), the President shall— 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— through engagement with the International Atomic Energy Agency; or independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently; assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear nations for nuclear safety, security, and safeguards; coordinate with appropriate Federal departments and agencies on efforts to expand outreach to the private investment community and establish public-private financing relationships that enable the adoption of civil nuclear technologies by embarking civil nuclear nations, including through exports from the United States; 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 coordinate with the Export-Import Bank of the United States to improve the efficient and effective exporting and importing of civil nuclear technologies and materials. The President shall designate an appropriate White House official to coordinate with the officials described in subsection (d)(2)(B) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to assist in the adoption of civil nuclear technologies exported from the United States or ally or partner nations to embarking civil nuclear nations. 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— a cooperative agreement; a cooperative research and development agreement; and a patent waiver. 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. The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under paragraph (1). 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. The meetings described in paragraph
(1)shall include— 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 environmental impacts; and 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— the demonstration and deployment of advanced nuclear reactors; and the development of cooperative research facilities. In conducting the meetings described in paragraph (1), the Secretary of State, in coordination with the Secretary, the Secretary of Commerce, and the heads of other relevant Federal agencies and only after initial consultation with the appropriate committees of Congress, 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. Section 959B of the Energy Policy Act of 2005 ( 42 U.S.C. 16279b ) is amended— in the matter preceding paragraph (1), by striking The Secretary and inserting the following: The Secretary ; in subsection
(a)(as so designated)— in paragraph (1)— by striking financing, ; and by striking and after the semicolon at the end; in paragraph (2)— in subparagraph (A), by striking preparations for ; and in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and by adding at the end the following: to support, with the concurrence of 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 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 of 2025 ) in civil nuclear energy programs outside the United States through— bilateral and multilateral arrangements developed and executed with the concurrence of 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); 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; and 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 by adding at the end the following: The program under subsection
(a)shall be supported in consultation with the Secretary of State and implemented by the Secretary— 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— training; financing; safety; security; safeguards; liability; advanced fuels; operations; and 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 in coordination with any Federal agency that the President determines to be appropriate. Of funds appropriated or otherwise made available to the Secretary to carry out the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) in fiscal years 2026 through 2030, the Secretary may use $15,500,000 to carry out this section. . Not later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, 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 nations for activities relating to the development of civil nuclear energy programs. In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to award grants of financial assistance in amounts not greater than $5,500,000 to embarking civil nuclear nations in accordance with this paragraph— for activities relating to the development of civil nuclear energy programs; and to facilitate the building of technical capacities for those activities. The Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, may award— not more than 1 grant of financial assistance under subparagraph
(A)to any 1 embarking civil nuclear nation each fiscal year; and not more than a total of 5 grants of financial assistance under subparagraph
(A)to any 1 embarking civil nuclear nation. In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to provide financial assistance to an embarking civil nuclear 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 nation in establishing a civil nuclear program. A senior advisor described in subparagraph
(A)shall have relevant experience and qualifications to advise the embarking civil nuclear nation on, and facilitate on behalf of the embarking civil nuclear nation, 1 or more of the following activities: The development of financing relationships. The development of a standardized financing and project management framework for the construction of nuclear power plants. The development of a standardized licensing framework for— light water civil nuclear technologies; and non-light water civil nuclear technologies and advanced nuclear reactors. The identification of qualified organizations and service providers. The identification of funds to support payment for services required to develop a civil nuclear program. Market analysis. The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program. Risk allocation, risk management, and nuclear liability. Technical assessments of nuclear reactors and technologies. 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). Stakeholder engagement. Management of spent nuclear fuel and nuclear waste. 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. Financial assistance under this paragraph is authorized to be provided to an embarking civil nuclear nation in addition to any financial assistance provided to that embarking civil nuclear nation under paragraph (2). 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— 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 to engage in independent and effective oversight of activities authorized under this subsection through joint or individual audits, inspections, investigations, or evaluations. Of funds appropriated or otherwise made available to the Secretary of State to carry out the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) in fiscal years 2026 through 2030, the Secretary of State may use $50,000,000 to carry out this subsection. 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 ). It is the sense of Congress that each conference should— be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to— nuclear safety, security, safeguards, and sustainability; environmental safeguards; and local community engagement in areas in reasonable proximity to nuclear sites; and facilitate— the development of— joint commitments and goals to improve— nuclear safety, security, safeguards, and sustainability; environmental safeguards; and local community engagement in areas in reasonable proximity to nuclear sites; stronger international institutions that support nuclear safety, security, safeguards, and sustainability; cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing; a standardized financing and project management framework for the construction of civil nuclear power plants; a standardized licensing framework for civil nuclear technologies; a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects; 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 a global civil nuclear liability regime; cooperation for enhancing the overall aspects of civil nuclear power, such as— nuclear safety, security, safeguards, and sustainability; nuclear laws (including regulations); waste management; quality management systems; technology transfer; human resources development; localization; reactor operations; nuclear liability; and decommissioning; and the development and determination of the mechanisms described in subparagraphs
(G)and
(H)of subsection (j)(1), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that subsection. 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— the safe and secure use, storage, and transport of nuclear and radiological materials; managing the evolving cyber threat to nuclear and radiological security; and 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. 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— identifying qualified organizations and service providers— for embarking civil nuclear nations; to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency; coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under subsection (c)— to identify funds to support payment for services required to develop a civil nuclear program; to provide market analysis; and to create— project structure models; models for electricity market analysis; models for nonelectric applications market analysis; and financial models; identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program; supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience; developing and strengthening communications, engagement, and consensus-building; 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; developing mechanisms for how to fund and staff the Center; and determining mechanisms for the selection of the location or locations of the Center. 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. 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. The working group shall be composed of— 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; 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 any senior-level Federal official selected by the President or 1 or more Federal officials designated by the President from any Federal agency or organization. The working group shall report to the National Security Council. The working group shall— provide direction and advice to the officials described in subsection (d)(2)(B)(i) 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— to support those aspects of projects relating to— civil nuclear technologies; and microprocessors; and for strategic investments identified by the working group; and address critical areas in determining the appropriate design for the Fund, including— transfer of assets to the Fund; transfer of assets from the Fund; how assets in the Fund should be invested; and governance and implementation of the Fund. Not later than 180 days after the date of enactment of this Act, the working group shall brief the committees described in subparagraph
(C)on the status of the development of the processes necessary to implement this subsection. 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
(C)a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund. The committees referred to in subparagraphs
(A)and
(B)are— 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, the Committee on Finance, and the Committee on Appropriations of the Senate; and the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives. The report submitted under subparagraph
(B)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). 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— 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); to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and 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. 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). Except as expressly stated in this section, nothing in this section may be construed to alter or otherwise affect the interpretation or implementation of section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ) or any other provision of law, including the requirement that agreements pursuant to that section be submitted to Congress for consideration. This section and the amendments made by this section shall cease to have effect on the date that is 20 years after the date of enactment of this Act.
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