I
118THCONGRESS
1
STSESSION H. R. 1086
To require the Secretary of Energy to establish a Nuclear Fuel Security
Program, expand the American Assured Fuel Supply Program, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY17, 2023
Mr. L
ATTAintroduced the following bill; which was referred to the Committee
on Energy and Commerce, and in addition to the Committee on Science,
Space, and Technology, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To require the Secretary of Energy to establish a Nuclear
Fuel Security Program, expand the American Assured
Fuel Supply Program, 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 ‘‘Nuclear Fuel Security 4
Act’’. 5
SEC. 2. U.S. NUCLEAR FUEL SECURITY INITIATIVE. 6
(a) S
ENSE OFCONGRESS.—It is the sense of Con-7
gress that— 8
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(1) the Department should— 1
(A) prioritize activities to increase domes-2
tic production of low-enriched uranium; and 3
(B) accelerate efforts to establish a domes-4
tic high-assay, low-enriched uranium enrich-5
ment capability; and 6
(2) if domestic enrichment of high-assay, low- 7
enriched uranium will not be commercially available 8
at the scale needed in time to meet the needs of the 9
advanced nuclear reactor demonstration projects of 10
the Department, the Secretary shall consider and 11
implement, as necessary— 12
(A) all viable options to make high-assay, 13
low-enriched uranium produced from inven-14
tories owned by the Department available in a 15
manner that is sufficient to maximize the po-16
tential for the Department to meet the needs 17
and schedules of advanced nuclear reactor de-18
velopers, without impacting existing Depart-19
ment missions, until such time that commercial 20
enrichment and deconversion capability for 21
high-assay, low-enriched uranium exists at a 22
scale sufficient to meet future needs; and 23
(B) all viable options for partnering with 24
countries that are allies or partners of the 25
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United States to meet those needs and sched-1
ules until that time. 2
(b) O
BJECTIVES.—The objectives of this section 3
are— 4
(1) to expeditiously increase domestic produc-5
tion of low-enriched uranium; 6
(2) to expeditiously increase domestic produc-7
tion of high-assay, low-enriched uranium by an an-8
nual quantity, and in such form, determined by the 9
Secretary to be sufficient to meet the needs of— 10
(A) advanced nuclear reactor developers; 11
and 12
(B) the consortium; 13
(3) to ensure the availability of domestically 14
produced, converted, and enriched uranium in a 15
quantity determined by the Secretary, in consulta-16
tion with U.S. nuclear energy companies, to be suffi-17
cient to address a reasonably anticipated supply dis-18
ruption; 19
(4) to address gaps and deficiencies in the do-20
mestic production, conversion, enrichment, 21
deconversion, and reduction of uranium by 22
partnering with countries that are allies or partners 23
of the United States if domestic options are not 24
practicable; 25
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(5) to ensure that, in the event of a supply dis-1
ruption in the nuclear fuel market, a reserve of nu-2
clear fuels is available to serve as a backup supply 3
to support the nuclear nonproliferation and civil nu-4
clear energy objectives of the Department; 5
(6) to support enrichment, deconversion, and 6
reduction technology deployed in the United States; 7
and 8
(7) to ensure that, until such time that domes-9
tic enrichment and deconversion of high-assay, low- 10
enriched uranium is commercially available at the 11
scale needed to meet the needs of advanced nuclear 12
reactor developers, the Secretary considers and im-13
plements, as necessary— 14
(A) all viable options to make high-assay, 15
low-enriched uranium produced from inven-16
tories owned by the Department available in a 17
manner that is sufficient to maximize the po-18
tential for the Department to meet the needs 19
and schedules of advanced nuclear reactor de-20
velopers; and 21
(B) all viable options for partnering with 22
countries that are allies or partners of the 23
United States to meet those needs and sched-24
ules. 25
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(c) DEFINITIONS.—In this section: 1
(1) A
DVANCED NUCLEAR REACTOR .—The term 2
‘‘advanced nuclear reactor’’ has the meaning given 3
the term in section 951(b) of the Energy Policy Act 4
of 2005 (42 U.S.C. 16271(b)). 5
(2) A
SSOCIATED ENTITY.—The term ‘‘associ-6
ated entity’’ means an entity that— 7
(A) is owned, controlled, or dominated 8
by— 9
(i) the government of a country that 10
is an ally or partner of the United States; 11
or 12
(ii) an associated individual; or 13
(B) is organized under the laws of, or oth-14
erwise subject to the jurisdiction of, a country 15
that is an ally or partner of the United States, 16
including a corporation that is incorporated in 17
such a country. 18
(3) A
SSOCIATED INDIVIDUAL.—The term ‘‘asso-19
ciated individual’’ means an alien who is a national 20
of a country that is an ally or partner of the United 21
States. 22
(4) C
ONSORTIUM.—The term ‘‘consortium’’ 23
means the consortium established under section 24
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2001(a)(2)(F) of the Energy Act of 2020 (42 U.S.C. 1
16281(a)(2)(F)). 2
(5) D
EPARTMENT.—The term ‘‘Department’’ 3
means the Department of Energy. 4
(6) H
IGH-ASSAY, LOW-ENRICHED URANIUM ; 5
HALEU.—The term ‘‘high-assay, low-enriched ura-6
nium’’ or ‘‘HALEU’’ means high-assay low-enriched 7
uranium (as defined in section 2001(d) of the En-8
ergy Act of 2020 (42 U.S.C. 16281(d))). 9
(7) L
OW-ENRICHED URANIUM ; LEU.—The term 10
‘‘low-enriched uranium’’ or ‘‘LEU’’ means each of— 11
(A) low-enriched uranium (as defined in 12
section 3102 of the USEC Privatization Act 13
(42 U.S.C. 2297h)); and 14
(B) low-enriched uranium (as defined in 15
section 3112A(a) of that Act (42 U.S.C. 16
2297h–10a(a))). 17
(8) P
ROGRAMS.—The term ‘‘Programs’’ 18
means— 19
(A) the Nuclear Fuel Security Program es-20
tablished under subsection (d)(1); 21
(B) the American Assured Fuel Supply 22
Program of the Department; and 23
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(C) the HALEU for Advanced Nuclear Re-1
actor Demonstration Projects Program estab-2
lished under subsection (d)(3). 3
(9) S
ECRETARY.—The term ‘‘Secretary’’ means 4
the Secretary of Energy. 5
(10) U.S.
NUCLEAR ENERGY COMPANY .—The 6
term ‘‘U.S. nuclear energy company’’ means a com-7
pany that— 8
(A) is organized under the laws of, or oth-9
erwise subject to the jurisdiction of, the United 10
States; and 11
(B) is involved in the nuclear energy indus-12
try. 13
(d) E
STABLISHMENT AND EXPANSION OF PRO-14
GRAMS.—The Secretary, consistent with the objectives de-15
scribed in subsection (b), shall— 16
(1) establish a program, to be known as the 17
‘‘Nuclear Fuel Security Program’’, to increase the 18
quantity of LEU and HALEU produced by U.S. nu-19
clear energy companies; 20
(2) expand the American Assured Fuel Supply 21
Program of the Department to ensure the avail-22
ability of domestically produced, converted, and en-23
riched uranium in the event of a supply disruption; 24
and 25
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(3) establish a program, to be known as the 1
‘‘HALEU for Advanced Nuclear Reactor Dem-2
onstration Projects Program’’— 3
(A) to maximize the potential for the De-4
partment to meet the needs and schedules of 5
advanced nuclear reactor developers until such 6
time that commercial enrichment and 7
deconversion capability for HALEU exists in 8
the United States at a scale sufficient to meet 9
future needs; and 10
(B) where practicable, to partner with 11
countries that are allies or partners of the 12
United States to meet those needs and sched-13
ules until that time. 14
(e) N
UCLEARFUELSECURITYPROGRAM.— 15
(1) I
N GENERAL.—In carrying out the Nuclear 16
Fuel Security Program, the Secretary— 17
(A) shall— 18
(i) not later than 180 days after the 19
date of enactment of this Act, enter into 2 20
or more contracts to begin acquiring not 21
less than 100 metric tons per year of LEU 22
by December 31, 2026 (or the earliest 23
operationally feasible date thereafter), to 24
ensure diversity of supply in domestic ura-25
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nium mining, conversion, enrichment, and 1
deconversion capacity and technologies, in-2
cluding new capacity, among U.S. nuclear 3
energy companies; 4
(ii) not later than 180 days after the 5
date of enactment of this Act, enter into 2 6
or more contracts with members of the 7
consortium to begin acquiring not less than 8
20 metric tons per year of HALEU by De-9
cember 31, 2027 (or the earliest operation-10
ally feasible date thereafter), from U.S. 11
nuclear energy companies; 12
(iii) utilize only uranium produced, 13
converted, enriched, deconverted, and re-14
duced in— 15
(I) the United States; or 16
(II) if domestic options are not 17
practicable, a country that is an ally 18
or partner of the United States; and 19
(iv) to the maximum extent prac-20
ticable, ensure that the use of domestic 21
uranium utilized as a result of that pro-22
gram does not negatively affect the eco-23
nomic operation of nuclear reactors in the 24
United States; and 25
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(B)(i) may not make commitments under 1
this subsection (including cooperative agree-2
ments (used in accordance with section 6305 of 3
title 31, United States Code), purchase agree-4
ments, guarantees, leases, service contracts, or 5
any other type of commitment) for the purchase 6
or other acquisition of HALEU or LEU un-7
less— 8
(I) funds are specifically provided for 9
those purposes in advance in appropria-10
tions Acts enacted after the date of enact-11
ment of this Act; or 12
(II) the commitment is funded en-13
tirely by funds made available to the Sec-14
retary from the account described in sub-15
section (i)(2)(B); and 16
(ii) may make a commitment described in 17
clause (i) only— 18
(I) if the full extent of the anticipated 19
costs stemming from the commitment is 20
recorded as an obligation at the time that 21
the commitment is made; and 22
(II) to the extent of that up-front ob-23
ligation recorded in full at that time. 24
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(2) CONSIDERATIONS.—In carrying out para-1
graph (1)(A)(ii), the Secretary shall consider and, if 2
appropriate, implement— 3
(A) options to ensure the quickest avail-4
ability of commercially enriched HALEU, in-5
cluding— 6
(i) partnerships between 2 or more 7
commercial enrichers; and 8
(ii) utilization of up to 10-percent en-9
riched uranium as feedstock in demonstra-10
tion-scale or commercial HALEU enrich-11
ment facilities; 12
(B) options to partner with countries that 13
are allies or partners of the United States to 14
provide LEU and HALEU for commercial pur-15
poses; 16
(C) options that provide for an array of 17
HALEU— 18
(i) enrichment levels; 19
(ii) output levels to meet demand; and 20
(iii) fuel forms, including uranium 21
metal and oxide; and 22
(D) options— 23
(i) to replenish, as necessary, Depart-24
ment stockpiles of uranium that was in-25
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tended to be downblended for other pur-1
poses, but was instead used in carrying out 2
activities under the HALEU for Advanced 3
Nuclear Reactor Demonstration Projects 4
Program; 5
(ii) to continue supplying HALEU to 6
meet the needs of the recipients of an 7
award made pursuant to the funding op-8
portunity announcement of the Depart-9
ment numbered DE–FOA–0002271 for 10
Pathway 1, Advanced Reactor Demonstra-11
tions; and 12
(iii) to make HALEU available to 13
other advanced nuclear reactor developers 14
and other end-users. 15
(3) A
VOIDANCE OF MARKET DISRUPTIONS .—In 16
carrying out the Nuclear Fuel Security Program, the 17
Secretary, to the extent practicable and consistent 18
with the purposes of that program, shall not disrupt 19
or replace market mechanisms by competing with 20
U.S. nuclear energy companies. 21
(f) E
XPANSION OF THE AMERICANASSUREDFUEL 22
S
UPPLYPROGRAM.—The Secretary, in consultation with 23
U.S. nuclear energy companies, shall— 24
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(1) expand the American Assured Fuel Supply 1
Program of the Department by merging the oper-2
ations of the Uranium Reserve Program of the De-3
partment with the American Assured Fuel Supply 4
Program; and 5
(2) in carrying out the American Assured Fuel 6
Supply Program of the Department, as expanded 7
under paragraph (1)— 8
(A) maintain, replenish, diversify, or in-9
crease the quantity of uranium made available 10
by that program in a manner determined by the 11
Secretary to be consistent with the purposes of 12
that program and the objectives described in 13
subsection (b); 14
(B) utilize only uranium produced, con-15
verted, enriched, deconverted, and reduced in— 16
(i) the United States; or 17
(ii) if domestic options are not prac-18
ticable, a country that is an ally or partner 19
of the United States; 20
(C) make uranium available from the 21
American Assured Fuel Supply, subject to 22
terms and conditions determined by the Sec-23
retary to be reasonable and appropriate; 24
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(D) refill and expand the supply of ura-1
nium in the American Assured Fuel Supply, in-2
cluding by maintaining a limited reserve of ura-3
nium to address a potential event in which a 4
domestic or foreign recipient of uranium experi-5
ences a supply disruption for which uranium 6
cannot be obtained through normal market 7
mechanisms or under normal market conditions; 8
and 9
(E) take other actions that the Secretary 10
determines to be necessary or appropriate to 11
address the purposes of that program and the 12
objectives described in subsection (b). 13
(g) HALEU
FORADVANCEDNUCLEARREACTOR 14
D
EMONSTRATIONPROJECTSPROGRAM.— 15
(1) A
CTIVITIES.—On enactment of this Act, the 16
Secretary shall immediately accelerate and, as nec-17
essary, initiate activities to make available from in-18
ventories or stockpiles owned by the Department and 19
made available to the consortium, HALEU for use 20
in advanced nuclear reactors that cannot operate on 21
uranium with lower enrichment levels or on alternate 22
fuels, with priority given to the awards made pursu-23
ant to the funding opportunity announcement of the 24
Department numbered DE–FOA–0002271 for Path-25
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way 1, Advanced Reactor Demonstrations, with ad-1
ditional HALEU to be made available to other ad-2
vanced nuclear reactor developers, as the Secretary 3
determines to be appropriate. 4
(2) Q
UANTITY.—In carrying out activities 5
under this subsection, the Secretary shall consider 6
and implement, as necessary, all viable options to 7
make HALEU available in quantities and forms suf-8
ficient to maximize the potential for the Department 9
to meet the needs and schedules of advanced nuclear 10
reactor developers, including by seeking to make 11
available— 12
(A) by September 30, 2024, not less than 13
3 metric tons of HALEU; 14
(B) by December 31, 2025, not less than 15
an additional 8 metric tons of HALEU; and 16
(C) by June 30, 2026, not less than an ad-17
ditional 10 metric tons of HALEU. 18
(3) F
ACTORS FOR CONSIDERATION .—In car-19
rying out activities under this subsection, the Sec-20
retary shall take into consideration— 21
(A) options for providing HALEU from a 22
stockpile of uranium owned by the Department, 23
including— 24
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(i) uranium that has been declared ex-1
cess to national security needs during or 2
prior to fiscal year 2022; 3
(ii) uranium that— 4
(I) directly meets the needs of 5
advanced nuclear reactor developers; 6
but 7
(II) has been previously used or 8
fabricated for another purpose; 9
(iii) uranium that can meet the needs 10
of advanced nuclear reactor developers 11
after removing radioactive or other con-12
taminants that resulted from previous use 13
or fabrication of the fuel for research, de-14
velopment, demonstration, or deployment 15
activities of the Department, including ac-16
tivities that reduce the environmental li-17
ability of the Department by accelerating 18
the processing of uranium from stockpiles 19
designated as waste; 20
(iv) uranium from a high-enriched 21
uranium stockpile, which can be blended 22
with lower assay uranium to become 23
HALEU to meet the needs of advanced 24
nuclear reactor developers; and 25
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(v) uranium from stockpiles intended 1
for other purposes (excluding stockpiles in-2
tended for national security needs), but for 3
which uranium could be swapped or re-4
placed in time in such a manner that 5
would not negatively impact the missions 6
of the Department; 7
(B) options for expanding, or establishing 8
new, capabilities or infrastructure to support 9
the processing of uranium from Department in-10
ventories; 11
(C) options for accelerating the availability 12
of HALEU from HALEU enrichment dem-13
onstration projects of the Department; 14
(D) options for providing HALEU from 15
domestically enriched HALEU procured by the 16
Department through a competitive process pur-17
suant to the Nuclear Fuel Security Program es-18
tablished under subsection (d)(1); 19
(E) options to replenish, as needed, De-20
partment stockpiles of uranium made available 21
pursuant to subparagraph (A) with domestically 22
enriched HALEU procured by the Department 23
through a competitive process pursuant to the 24
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Nuclear Fuel Security Program established 1
under subsection (d)(1); and 2
(F) options that combine 1 or more of the 3
approaches described in subparagraphs (A) 4
through (E) to meet the deadlines described in 5
paragraph (2). 6
(4) L
IMITATIONS.— 7
(A) C
ERTAIN SERVICES.—The Secretary 8
shall not barter or otherwise sell or transfer 9
uranium in any form in exchange for services 10
relating to— 11
(i) the final disposition of radioactive 12
waste from uranium that is the subject of 13
a contract for sale, resale, transfer, or 14
lease under this subsection; or 15
(ii) environmental cleanup activities. 16
(B) C
ERTAIN COMMITMENTS .—In carrying 17
out activities under this subsection, the Sec-18
retary— 19
(i) may not make commitments under 20
this subsection (including cooperative 21
agreements (used in accordance with sec-22
tion 6305 of title 31, United States Code), 23
purchase agreements, guarantees, leases, 24
service contracts, or any other type of com-25
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mitment) for the purchase or other acquisi-1
tion of HALEU or LEU unless— 2
(I) funds are specifically provided 3
for those purposes in advance in ap-4
propriations Acts enacted after the 5
date of enactment of this Act; or 6
(II) the commitment is funded 7
entirely by funds made available to 8
the Secretary from the account de-9
scribed in subsection (i)(2)(B); and 10
(ii) may make a commitment de-11
scribed in clause (i) only— 12
(I) if the full extent of the antici-13
pated costs stemming from the com-14
mitment is recorded as an obligation 15
at the time that the commitment is 16
made; and 17
(II) to the extent of that up-front 18
obligation recorded in full at that 19
time. 20
(5) S
UNSET.—The authority of the Secretary to 21
carry out activities under this subsection shall termi-22
nate on the date on which the Secretary notifies 23
Congress that the HALEU needs of advanced nu-24
clear reactor developers can be fully met by commer-25
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cial HALEU suppliers in the United States, as de-1
termined by the Secretary, in consultation with U.S. 2
nuclear energy companies. 3
(h) D
OMESTICSOURCINGCONSIDERATIONS.— 4
(1) I
N GENERAL.—Except as provided in para-5
graph (2), the Secretary may only carry out an ac-6
tivity in connection with 1 or more of the Programs 7
if— 8
(A) the activity promotes manufacturing in 9
the United States associated with uranium sup-10
ply chains; or 11
(B) the activity relies on resources, mate-12
rials, or equipment developed or produced— 13
(i) in the United States; or 14
(ii) in a country that is an ally or 15
partner of the United States by— 16
(I) the government of that coun-17
try; 18
(II) an associated entity; or 19
(III) a U.S. nuclear energy com-20
pany. 21
(2) W
AIVER.—The Secretary may waive the re-22
quirements of paragraph (1) with respect to an ac-23
tivity if the Secretary determines a waiver to be nec-24
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essary to achieve 1 or more of the objectives de-1
scribed in subsection (b). 2
(i) R
EASONABLECOMPENSATION.— 3
(1) I
N GENERAL.—In carrying out activities 4
under this section, the Secretary shall ensure that 5
any LEU and HALEU made available by the Sec-6
retary under 1 or more of the Programs is subject 7
to reasonable compensation, taking into account the 8
fair market value of the LEU or HALEU and the 9
purposes of this section. 10
(2) A
VAILABILITY OF CERTAIN FUNDS .— 11
(A) I
N GENERAL.—Notwithstanding sec-12
tion 3302(b) of title 31, United States Code, 13
revenues received by the Secretary from the 14
sale or transfer of fuel feed material acquired 15
by the Secretary pursuant to a contract entered 16
into under clause (i) or (ii) of subsection 17
(e)(1)(A) shall— 18
(i) be deposited in the account de-19
scribed in subparagraph (B); 20
(ii) be available to the Secretary for 21
carrying out the purposes of this section, 22
to reduce the need for further appropria-23
tions for those purposes; and 24
(iii) remain available until expended. 25
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(B) REVOLVING FUND.—There is estab-1
lished in the Treasury an account into which 2
the revenues described in subparagraph (A) 3
shall be— 4
(i) deposited in accordance with clause 5
(i) of that subparagraph; and 6
(ii) made available in accordance with 7
clauses (ii) and (iii) of that subparagraph. 8
(j) N
UCLEARREGULATORYCOMMISSION.—The Nu-9
clear Regulatory Commission shall prioritize and expedite 10
consideration of any action related to the Programs to the 11
extent permitted under the Atomic Energy Act of 1954 12
(42 U.S.C. 2011 et seq.) and related statutes. 13
(k) USEC P
RIVATIZATIONACT.—The requirements 14
of section 3112(d)(2) of the USEC Privatization Act (42 15
U.S.C. 2297h–10(d)(2)) shall not apply to activities re-16
lated to the Programs. 17
(l) N
ATIONALSECURITYNEEDS.—The Secretary 18
shall only make available to a member of the consortium 19
under this section for commercial use or use in a dem-20
onstration project material that the President has deter-21
mined is not necessary for national security needs, subject 22
to the condition that the material made available shall not 23
include any material that the Secretary determines to be 24
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•HR 1086 IH
necessary for the National Nuclear Security Administra-1
tion or any critical mission of the Department. 2
(m) I
NTERNATIONAL AGREEMENTS.—This section 3
shall be applied in a manner consistent with the obliga-4
tions of the United States under international agreements. 5
Æ
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