I
118THCONGRESS
1
STSESSION H. R. 5718
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
SEPTEMBER26, 2023
Mr. L
ATTA(for himself, Mr. CLYBURN, Mr. BALDERSON, and Ms. KUSTER)
introduced the following bill; which was referred to the Committee on En-
ergy 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 of 2023’’. 5
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SEC. 2. U.S. NUCLEAR FUEL SECURITY INITIATIVE. 1
(a) S
ENSE OFCONGRESS.—It is the sense of Con-2
gress that— 3
(1) the Department should— 4
(A) support increased domestic production 5
of low-enriched uranium; and 6
(B) accelerate efforts to establish a domes-7
tic high-assay, low-enriched uranium enrich-8
ment capability; and 9
(2) if domestic enrichment of high-assay, low- 10
enriched uranium will not be commercially available 11
at the scale needed in time to meet the needs of the 12
advanced nuclear reactor demonstration projects of 13
the Department, the Secretary shall consider and 14
implement, as necessary— 15
(A) all viable options to make high-assay, 16
low-enriched uranium produced from inven-17
tories owned by the Department available in a 18
manner that is sufficient to maximize the po-19
tential for the Department to meet the needs 20
and schedules of advanced nuclear reactor de-21
velopers, without impacting existing Depart-22
ment missions, until such time that commercial 23
enrichment and deconversion capability for 24
high-assay, low-enriched uranium exists at a 25
scale sufficient to meet future needs; and 26
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(B) all viable options for partnering with 1
countries that are allies or partners of the 2
United States to meet those needs and sched-3
ules until that time. 4
(b) O
BJECTIVES.—The objectives of this section 5
are— 6
(1) to support domestic production of low-en-7
riched uranium; 8
(2) to expeditiously increase domestic produc-9
tion of high-assay, low-enriched uranium by an an-10
nual quantity, and in such form, determined by the 11
Secretary to be sufficient to meet the needs of— 12
(A) advanced nuclear reactor developers; 13
and 14
(B) the consortium; 15
(3) to ensure the availability of domestically 16
produced, converted, enriched, deconverted, and re-17
duced uranium in a quantity determined by the Sec-18
retary, in consultation with U.S. nuclear energy 19
companies, to be sufficient to address a reasonably 20
anticipated supply disruption; 21
(4) to address gaps and deficiencies in the do-22
mestic production, conversion, enrichment, 23
deconversion, and reduction of uranium by 24
partnering with countries that are allies or partners 25
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of the United States if domestic options are not 1
practicable; 2
(5) to ensure that, in the event of a supply dis-3
ruption in the nuclear fuel market, a reserve of nu-4
clear fuels is available to serve as a backup supply 5
to support the nuclear nonproliferation and civil nu-6
clear energy objectives of the Department; 7
(6) to support enrichment, deconversion, and 8
reduction technology deployed in the United States; 9
and 10
(7) to ensure that, until such time that domes-11
tic enrichment and deconversion of high-assay, low- 12
enriched uranium is commercially available at the 13
scale needed to meet the needs of advanced nuclear 14
reactor developers, the Secretary considers and im-15
plements, as necessary— 16
(A) all viable options to make high-assay, 17
low-enriched uranium produced from inven-18
tories owned by the Department available in a 19
manner that is sufficient to maximize the po-20
tential for the Department to meet the needs 21
and schedules of advanced nuclear reactor de-22
velopers; 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. 2
(c) D
EFINITIONS.—In this section: 3
(1) A
DVANCED NUCLEAR REACTOR .—The term 4
‘‘advanced nuclear reactor’’ has the meaning given 5
the term in section 951(b) of the Energy Policy Act 6
of 2005 (42 U.S.C. 16271(b)). 7
(2) A
SSOCIATED ENTITY.—The term ‘‘associ-8
ated entity’’ means an entity that— 9
(A) is owned, controlled, or dominated 10
by— 11
(i) the government of a country that 12
is an ally or partner of the United States; 13
or 14
(ii) an associated individual; or 15
(B) is organized under the laws of, or oth-16
erwise subject to the jurisdiction of, a country 17
that is an ally or partner of the United States, 18
including a corporation that is incorporated in 19
such a country. 20
(3) A
SSOCIATED INDIVIDUAL.—The term ‘‘asso-21
ciated individual’’ means an alien who is a national 22
of a country that is an ally or partner of the United 23
States. 24
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(4) CONSORTIUM.—The term ‘‘consortium’’ 1
means the consortium established under section 2
2001(a)(2)(F) of the Energy Act of 2020 (42 U.S.C. 3
16281(a)(2)(F)). 4
(5) D
EPARTMENT.—The term ‘‘Department’’ 5
means the Department of Energy. 6
(6) H
IGH-ASSAY, LOW-ENRICHED URANIUM ; 7
HALEU.—The term ‘‘high-assay, low-enriched ura-8
nium’’ or ‘‘HALEU’’ means high-assay low-enriched 9
uranium (as defined in section 2001(d) of the En-10
ergy Act of 2020 (42 U.S.C. 16281(d))). 11
(7) L
OW-ENRICHED URANIUM ; LEU.—The term 12
‘‘low-enriched uranium’’ or ‘‘LEU’’ means each of— 13
(A) low-enriched uranium (as defined in 14
section 3102 of the USEC Privatization Act 15
(42 U.S.C. 2297h)); and 16
(B) low-enriched uranium (as defined in 17
section 3112A(a) of that Act (42 U.S.C. 18
2297h–10a(a))). 19
(8) P
ROGRAMS.—The term ‘‘Programs’’ 20
means— 21
(A) the Nuclear Fuel Security Program es-22
tablished under subsection (d)(1); 23
(B) the American Assured Fuel Supply 24
Program of the Department; and 25
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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 HALEU and, if determined to be nec-19
essary after completion of a market evaluation, LEU 20
produced by U.S. nuclear energy companies; 21
(2) expand the American Assured Fuel Supply 22
Program of the Department to ensure the avail-23
ability of domestically produced, converted, enriched, 24
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deconverted, and reduced uranium in the event of a 1
supply disruption; and 2
(3) establish a program, to be known as the 3
‘‘HALEU for Advanced Nuclear Reactor Dem-4
onstration Projects Program’’— 5
(A) to maximize the potential for the De-6
partment to meet the needs and schedules of 7
advanced nuclear reactor developers until such 8
time that commercial enrichment and 9
deconversion capability for HALEU exists in 10
the United States at a scale sufficient to meet 11
future needs; and 12
(B) where practicable, to partner with 13
countries that are allies or partners of the 14
United States to meet those needs and sched-15
ules until that time. 16
(e) N
UCLEARFUELSECURITYPROGRAM.— 17
(1) I
N GENERAL.—In carrying out the Nuclear 18
Fuel Security Program, the Secretary— 19
(A) shall— 20
(i) if determined to be necessary or 21
appropriate based on the completion of a 22
market evaluation, not later than 90 days 23
after the date of enactment of this Act, 24
take actions, including cost-shared finan-25
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cial agreements, milestone-based payments, 1
or other mechanisms, to support commer-2
cial availability of LEU and to promote di-3
versity of supply in domestic uranium min-4
ing, conversion, enrichment, and 5
deconversion capacity and technologies, in-6
cluding new capacity, among U.S. nuclear 7
energy companies; 8
(ii) not later than 180 days after the 9
date of enactment of this Act, enter into 2 10
or more contracts with members of the 11
consortium to begin acquiring not less than 12
20 metric tons per year of HALEU by De-13
cember 31, 2027 (or the earliest operation-14
ally feasible date thereafter), from U.S. 15
nuclear energy companies; 16
(iii) utilize only uranium produced, 17
converted, enriched, deconverted, and re-18
duced in— 19
(I) the United States; or 20
(II) if domestic options are not 21
practicable, a country that is an ally 22
or partner of the United States; and 23
(iv) to the maximum extent prac-24
ticable, ensure that the use of domestic 25
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uranium utilized as a result of that pro-1
gram does not negatively affect the eco-2
nomic operation of nuclear reactors in the 3
United States; and 4
(B)(i) may not make commitments under 5
this subsection (including cooperative agree-6
ments (used in accordance with section 6305 of 7
title 31, United States Code), purchase agree-8
ments, guarantees, leases, service contracts, or 9
any other type of commitment) for the purchase 10
or other acquisition of HALEU or LEU un-11
less— 12
(I) funds are specifically provided for 13
those purposes in advance in appropria-14
tions Acts enacted after the date of enact-15
ment of this Act; or 16
(II) the commitment is funded en-17
tirely by funds made available to the Sec-18
retary from the account described in sub-19
section (i)(2)(B); and 20
(ii) may make a commitment described in 21
clause (i) only— 22
(I) if the full extent of the anticipated 23
costs stemming from the commitment is 24
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recorded as an obligation at the time that 1
the commitment is made; and 2
(II) to the extent of that up-front ob-3
ligation recorded in full at that time. 4
(2) C
ONSIDERATIONS.—In carrying out para-5
graph (1)(A)(ii), the Secretary shall consider and, if 6
appropriate, implement— 7
(A) options to ensure the quickest avail-8
ability of commercially enriched HALEU, in-9
cluding— 10
(i) partnerships between 2 or more 11
commercial enrichers; and 12
(ii) utilization of up to 10-percent en-13
riched uranium as feedstock in demonstra-14
tion-scale or commercial HALEU enrich-15
ment facilities; 16
(B) options to partner with countries that 17
are allies or partners of the United States to 18
provide LEU and HALEU for commercial pur-19
poses; 20
(C) options that provide for an array of 21
HALEU— 22
(i) enrichment levels; 23
(ii) output levels to meet demand; and 24
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(iii) fuel forms, including uranium 1
metal and oxide; and 2
(D) options— 3
(i) to replenish, as necessary, Depart-4
ment stockpiles of uranium that were in-5
tended to be downblended for other pur-6
poses, but were instead used in carrying 7
out activities under the HALEU for Ad-8
vanced Nuclear Reactor Demonstration 9
Projects Program; 10
(ii) to continue supplying HALEU to 11
meet the needs of the recipients of an 12
award made pursuant to the funding op-13
portunity announcement of the Depart-14
ment numbered DE–FOA–0002271 for 15
Pathway 1, Advanced Reactor Demonstra-16
tions; and 17
(iii) to make HALEU available to 18
other advanced nuclear reactor developers 19
and other end-users. 20
(3) A
VOIDANCE OF MARKET DISRUPTIONS .—In 21
carrying out the Nuclear Fuel Security Program, the 22
Secretary, to the extent practicable and consistent 23
with the purposes of that program, shall not disrupt 24
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or replace market mechanisms by competing with 1
U.S. nuclear energy companies. 2
(f) E
XPANSION OF THE AMERICANASSUREDFUEL 3
S
UPPLYPROGRAM.—The Secretary, in consultation with 4
U.S. nuclear energy companies, shall— 5
(1) expand the American Assured Fuel Supply 6
Program of the Department by merging the oper-7
ations of the Uranium Reserve Program of the De-8
partment with the American Assured Fuel Supply 9
Program; and 10
(2) in carrying out the American Assured Fuel 11
Supply Program of the Department, as expanded 12
under paragraph (1)— 13
(A) maintain, replenish, diversify, or in-14
crease the quantity of uranium made available 15
by that program in a manner determined by the 16
Secretary to be consistent with the purposes of 17
that program and the objectives described in 18
subsection (b); 19
(B) utilize only uranium produced, con-20
verted, enriched, deconverted, and reduced in— 21
(i) the United States; or 22
(ii) if domestic options are not prac-23
ticable, a country that is an ally or partner 24
of the United States; 25
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(C) make uranium available from the 1
American Assured Fuel Supply, subject to 2
terms and conditions determined by the Sec-3
retary to be reasonable and appropriate; 4
(D) refill and expand the supply of ura-5
nium in the American Assured Fuel Supply, in-6
cluding by maintaining a limited reserve of ura-7
nium to address a potential event in which a 8
domestic or foreign recipient of uranium experi-9
ences a supply disruption for which uranium 10
cannot be obtained through normal market 11
mechanisms or under normal market conditions; 12
and 13
(E) take other actions that the Secretary 14
determines to be necessary or appropriate to 15
address the purposes of that program and the 16
objectives described in subsection (b). 17
(g) HALEU
FORADVANCEDNUCLEARREACTOR 18
D
EMONSTRATIONPROJECTSPROGRAM.— 19
(1) A
CTIVITIES.—On enactment of this Act, the 20
Secretary shall immediately accelerate and, as nec-21
essary, initiate activities to make available from in-22
ventories or stockpiles owned by the Department and 23
made available to the consortium, HALEU for use 24
in advanced nuclear reactors that cannot operate on 25
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uranium with lower enrichment levels or on alternate 1
fuels, with priority given to the awards made pursu-2
ant to the funding opportunity announcement of the 3
Department numbered DE–FOA–0002271 for Path-4
way 1, Advanced Reactor Demonstrations, with ad-5
ditional HALEU to be made available to other ad-6
vanced nuclear reactor developers, as the Secretary 7
determines to be appropriate. 8
(2) Q
UANTITY.—In carrying out activities 9
under this subsection, the Secretary shall consider 10
and implement, as necessary, all viable options to 11
make HALEU available in quantities and forms suf-12
ficient to maximize the potential for the Department 13
to meet the needs and schedules of advanced nuclear 14
reactor developers, including by seeking to make 15
available— 16
(A) by September 30, 2024, not less than 17
3 metric tons of HALEU; 18
(B) by December 31, 2025, not less than 19
an additional 8 metric tons of HALEU; and 20
(C) by June 30, 2026, not less than an ad-21
ditional 10 metric tons of HALEU. 22
(3) F
ACTORS FOR CONSIDERATION .—In car-23
rying out activities under this subsection, the Sec-24
retary shall take into consideration— 25
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(A) options for providing HALEU from a 1
stockpile of uranium owned by the Department, 2
including— 3
(i) uranium that has been declared ex-4
cess to national security needs during or 5
prior to fiscal year 2023; 6
(ii) uranium that— 7
(I) directly meets the needs of 8
advanced nuclear reactor developers; 9
but 10
(II) has been previously used or 11
fabricated for another purpose; 12
(iii) uranium that can meet the needs 13
of advanced nuclear reactor developers 14
after removing radioactive or other con-15
taminants that resulted from previous use 16
or fabrication of the fuel for research, de-17
velopment, demonstration, or deployment 18
activities of the Department, including ac-19
tivities that reduce the environmental li-20
ability of the Department by accelerating 21
the processing of uranium from stockpiles 22
designated as waste; 23
(iv) uranium from a high-enriched 24
uranium stockpile, which can be blended 25
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with lower assay uranium to become 1
HALEU to meet the needs of advanced 2
nuclear reactor developers; and 3
(v) uranium from stockpiles intended 4
for other purposes (excluding stockpiles in-5
tended for national security needs), but for 6
which uranium could be swapped or re-7
placed in time in such a manner that 8
would not negatively impact the missions 9
of the Department; 10
(B) options for expanding, or establishing 11
new, capabilities or infrastructure to support 12
the processing of uranium from Department in-13
ventories; 14
(C) options for accelerating the availability 15
of HALEU from HALEU enrichment dem-16
onstration projects of the Department; 17
(D) options for providing HALEU from 18
domestically enriched HALEU procured by the 19
Department through a competitive process pur-20
suant to the Nuclear Fuel Security Program es-21
tablished under subsection (d)(1); 22
(E) options to replenish, as needed, De-23
partment stockpiles of uranium made available 24
pursuant to subparagraph (A) with domestically 25
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enriched HALEU procured by the Department 1
through a competitive process pursuant to the 2
Nuclear Fuel Security Program established 3
under subsection (d)(1); and 4
(F) options that combine 1 or more of the 5
approaches described in subparagraphs (A) 6
through (E) to meet the deadlines described in 7
paragraph (2). 8
(4) L
IMITATIONS.— 9
(A) C
ERTAIN SERVICES.—The Secretary 10
shall not barter or otherwise sell or transfer 11
uranium in any form in exchange for services 12
relating to— 13
(i) the final disposition of radioactive 14
waste from uranium that is the subject of 15
a contract for sale, resale, transfer, or 16
lease under this subsection; or 17
(ii) environmental cleanup activities. 18
(B) C
ERTAIN COMMITMENTS .—In carrying 19
out activities under this subsection, the Sec-20
retary— 21
(i) may not make commitments under 22
this subsection (including cooperative 23
agreements (used in accordance with sec-24
tion 6305 of title 31, United States Code), 25
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purchase agreements, guarantees, leases, 1
service contracts, or any other type of com-2
mitment) for the purchase or other acquisi-3
tion of HALEU or LEU unless— 4
(I) funds are specifically provided 5
for those purposes in advance in ap-6
propriations Acts enacted after the 7
date of enactment of this Act; or 8
(II) the commitment is funded 9
entirely by funds made available to 10
the Secretary from the account de-11
scribed in subsection (i)(2)(B); and 12
(ii) may make a commitment de-13
scribed in clause (i) only— 14
(I) if the full extent of the antici-15
pated costs stemming from the com-16
mitment is recorded as an obligation 17
at the time that the commitment is 18
made; and 19
(II) to the extent of that up-front 20
obligation recorded in full at that 21
time. 22
(5) S
UNSET.—The authority of the Secretary to 23
carry out activities under this subsection shall termi-24
nate on the earlier of— 25
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(A) the date on which the Secretary noti-1
fies Congress that the HALEU needs of ad-2
vanced nuclear reactor developers can be fully 3
met by commercial HALEU suppliers in the 4
United States, as determined by the Secretary, 5
in consultation with U.S. nuclear energy compa-6
nies; and 7
(B) September 30, 2034. 8
(h) D
OMESTICSOURCINGCONSIDERATIONS.— 9
(1) I
N GENERAL.—Except as provided in para-10
graph (2), the Secretary may only carry out an ac-11
tivity in connection with 1 or more of the Programs 12
if— 13
(A) the activity promotes manufacturing in 14
the United States associated with uranium sup-15
ply chains; or 16
(B) the activity relies on resources, mate-17
rials, or equipment developed or produced— 18
(i) in the United States; or 19
(ii) in a country that is an ally or 20
partner of the United States by— 21
(I) the government of that coun-22
try; 23
(II) an associated entity; or 24
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(III) a U.S. nuclear energy com-1
pany. 2
(2) W
AIVER.—The Secretary may waive the re-3
quirements of paragraph (1) with respect to an ac-4
tivity if the Secretary determines a waiver to be nec-5
essary to achieve 1 or more of the objectives de-6
scribed in subsection (b). 7
(i) R
EASONABLECOMPENSATION.— 8
(1) I
N GENERAL.—In carrying out activities 9
under this section, the Secretary shall ensure that 10
any LEU and HALEU made available by the Sec-11
retary under 1 or more of the Programs is subject 12
to reasonable compensation, taking into account the 13
fair market value of the LEU or HALEU and the 14
purposes of this section. 15
(2) A
VAILABILITY OF CERTAIN FUNDS .— 16
(A) I
N GENERAL.—Notwithstanding sec-17
tion 3302(b) of title 31, United States Code, 18
revenues received by the Secretary from the 19
sale or transfer of fuel feed material acquired 20
by the Secretary pursuant to a contract entered 21
into under clause (i) or (ii) of subsection 22
(e)(1)(A) shall— 23
(i) be deposited in the account de-24
scribed in subparagraph (B); 25
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(ii) be available to the Secretary for 1
carrying out the purposes of this section, 2
to reduce the need for further appropria-3
tions for those purposes; and 4
(iii) remain available until expended. 5
(B) R
EVOLVING FUND.—There is estab-6
lished in the Treasury an account into which 7
the revenues described in subparagraph (A) 8
shall be— 9
(i) deposited in accordance with clause 10
(i) of that subparagraph; and 11
(ii) made available in accordance with 12
clauses (ii) and (iii) of that subparagraph. 13
(j) N
UCLEARREGULATORYCOMMISSION.—The Nu-14
clear Regulatory Commission shall prioritize and expedite 15
consideration of any action related to the Programs to the 16
extent permitted under the Atomic Energy Act of 1954 17
(42 U.S.C. 2011 et seq.) and related statutes. 18
(k) USEC P
RIVATIZATIONACT.—The requirements 19
of section 3112(d)(2) of the USEC Privatization Act (42 20
U.S.C. 2297h–10(d)(2)) shall not apply to activities re-21
lated to the Programs. 22
(l) N
ATIONALSECURITYNEEDS.—The Secretary 23
shall only make available to a member of the consortium 24
under this section for commercial use or use in a dem-25
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•HR 5718 IH
onstration project material that the President has deter-1
mined is not necessary for national security needs, subject 2
to the condition that the material made available shall not 3
include any material that the Secretary determines to be 4
necessary for the National Nuclear Security Administra-5
tion or any critical mission of the Department. 6
(m) I
NTERNATIONAL AGREEMENTS.—This section 7
shall be applied in a manner consistent with the obliga-8
tions of the United States under international agreements. 9
Æ
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