[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4066 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4066

 To amend the Energy Act of 2020 to require the Secretary of Energy to 
  establish a program to accelerate the availability of commercially 
 produced high-assay, low-enriched uranium in the United States and to 
   make high-assay, low-enriched uranium produced from Department of 
Energy inventories available for use in advanced nuclear reactors, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2022

 Mr. Barrasso introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Energy Act of 2020 to require the Secretary of Energy to 
  establish a program to accelerate the availability of commercially 
 produced high-assay, low-enriched uranium in the United States and to 
   make high-assay, low-enriched uranium produced from Department of 
Energy inventories available for use in advanced nuclear reactors, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fueling Our Nuclear Future Act of 
2022''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Department of Energy (referred to in this section 
        as the ``Department'') should prioritize activities to 
        establish a domestic high-assay, low-enriched uranium (referred 
        to in this section as ``HALEU'') enrichment capability, 
        consistent with subsection (c) of section 2001 of the Energy 
        Act of 2020 (42 U.S.C. 16281);
            (2) domestic HALEU enrichment will not be commercially 
        available at the scale needed in time to meet the needs of 
        advanced nuclear reactor demonstration projects; and
            (3) the Department needs to make available HALEU, produced 
        from inventories owned by the Department, for use by advanced 
        nuclear reactors consistent with subsection (d) of section 2001 
        of the Energy Act of 2020 (42 U.S.C. 16281), until such time as 
        commercial HALEU enrichment capability exists consistent with 
        that subsection.

SEC. 3. HALEU FOR ADVANCED NUCLEAR REACTORS.

    Section 2001 of the Energy Act of 2020 (42 U.S.C. 16281) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (D)--
                                    (I) in clause (v)(III), by adding 
                                ``or'' after the semicolon at the end;
                                    (II) by striking clause (vi); and
                                    (III) by redesignating clause (vii) 
                                as clause (vi);
                            (ii) in subparagraph (E), by striking ``for 
                        domestic commercial use'' and inserting ``to 
                        meet the needs of commercial, government, 
                        academic, and international entities''; and
                            (iii) in subparagraph (I), by inserting 
                        ``nuclear'' after ``advanced'';
                    (B) in paragraph (5), in the paragraph heading, by 
                striking ``HA-LEU'' and inserting ``HALEU''; and
                    (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (8) and (6), respectively, and moving the 
                paragraphs so as to appear in numerical order;
            (2) in subsection (b)(2)--
                    (A) in the paragraph heading, by striking ``HA-
                LEU'' and inserting ``HALEU'';
                    (B) by striking ``subsection (a)(1)'' each place it 
                appears and inserting ``subsection (b)(1)'';
                    (C) in subparagraph (B)(viii), by striking 
                ``subsection (a)(2)(F)'' and inserting ``subsection 
                (b)(2)(F)''; and
                    (D) in subparagraph (D)(vi), by striking 
                ``subsection (a)(2)(A)'' and inserting ``subsection 
                (b)(2)(A)'';
            (3) in subsection (c)--
                    (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively, and 
                indenting appropriately; and
                    (B) in the matter preceding subparagraph (A) (as so 
                redesignated)--
                            (i) by striking ``in this section'' and 
                        inserting ``under this subsection''; and
                            (ii) by striking ``There are'' and 
                        inserting the following:
            ``(7) Authorization of appropriations.--There are'';
            (4) in subsection (d)--
                    (A) in paragraph (4)--
                            (i) in the paragraph heading, by striking 
                        ``High-assay low-enriched'' and inserting 
                        ``High-assay, low-enriched''; and
                            (ii) by striking ``high-assay low-
                        enriched'' and inserting ``high-assay, low-
                        enriched'';
                    (B) by redesignating paragraphs (1) through (6) as 
                paragraphs (3), (4), (6), (7), (8), and (9), 
                respectively;
                    (C) by inserting before paragraph (3) (as so 
                redesignated) the following:
            ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
        reactor' has the meaning given the term in section 951(b) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
            ``(2) Advanced nuclear reactor end-user.--The term 
        `advanced nuclear reactor end-user' means an entity seeking or 
        receiving HALEU under subsection (d)(1) for use by an advanced 
        nuclear reactor, including--
                    ``(A) the recipient of an award made pursuant to 
                the funding opportunity announcement of the Department 
                numbered DE-FOA-0002271 for Pathway 1, Advanced Reactor 
                Demonstrations; and
                    ``(B) a member of the consortium established under 
                subsection (b)(2)(F).'';
                    (D) by inserting after paragraph (4) (as so 
                redesignated) the following:
            ``(5) Department.--The term `Department' means the 
        Department of Energy.''; and
                    (E) by striking paragraph (6) (as so redesignated) 
                and inserting the following:
            ``(6) HALEU.--The term `HALEU' means high-assay, low-
        enriched uranium.'';
            (5) by striking ``HA-LEU'' each place it appears and 
        inserting ``HALEU'';
            (6) by moving paragraph (7) of subsection (c) (as 
        designated by paragraph (3)(B)(ii)) so as to appear after 
        paragraph (6) of subsection (a) (as redesignated by paragraph 
        (1)(C));
            (7) by striking subsection (c);
            (8) by redesignating subsections (a), (b), and (d) as 
        subsections (b), (g), and (a), respectively, and moving the 
        subsections so as to appear in alphabetical order;
            (9) by inserting after subsection (b) (as so redesignated) 
        the following:
    ``(c) Commercial HALEU Availability.--
            ``(1) Establishment.--Not later than 30 days after the date 
        of enactment of the Fueling Our Nuclear Future Act of 2022, the 
        Secretary, acting through the Assistant Secretary for Nuclear 
        Energy, shall establish a program (referred to in this 
        subsection as the `program') to accelerate the availability of 
        commercially produced HALEU in the United States in accordance 
        with this subsection.
            ``(2) Purposes.--The purposes of the program are--
                    ``(A) to provide for the availability of HALEU 
                produced, chemically converted, enriched, chemically 
                deconverted, and suitable for fabrication into final 
                fuel form in the United States;
                    ``(B) to address nuclear fuel supply chain gaps and 
                deficiencies in the United States; and
                    ``(C) to support strategic nuclear fuel supply 
                chain capabilities in the United States.
            ``(3) Considerations.--In carrying out the program, the 
        Secretary shall consider and, as appropriate, execute--
                    ``(A) options to establish, through a competitive 
                process, a domestic commercial HALEU production 
                capability of not less than 20 metric tons of HALEU per 
                year, with initial availability by--
                            ``(i) December 31, 2027; or
                            ``(ii) the earliest operationally feasible 
                        date thereafter;
                    ``(B) options that provide for an array of HALEU--
                            ``(i) enrichment levels;
                            ``(ii) output levels to meet demand; and
                            ``(iii) fuel forms; and
                    ``(C) options to establish, through a competitive 
                process, a HALEU Bank--
                            ``(i) to replenish, as necessary, 
                        Department stockpiles of uranium used in 
                        carrying out activities under subsection (d);
                            ``(ii) to continue supplying HALEU to meet 
                        the needs of the recipients of an award made 
                        pursuant to the funding opportunity 
                        announcement of the Department numbered DE-FOA-
                        0002271 for Pathway 1, Advanced Reactor 
                        Demonstrations; and
                            ``(iii) to make HALEU available to members 
                        of the consortium established under subsection 
                        (b)(2)(F), after addressing the needs described 
                        in clauses (i) and (ii).
            ``(4) Authorization of appropriations.--In addition to 
        amounts otherwise made available (other than amounts made 
        available under section 4(b) of the Fueling Our Nuclear Future 
        Act of 2022), there is authorized to be appropriated to the 
        Secretary to carry out this subsection $150,000,000 for each of 
        fiscal years 2023 through 2032.
    ``(d) HALEU for Advanced Nuclear Reactor Demonstration Projects.--
            ``(1) Activities.--On enactment of the Fueling Our Nuclear 
        Future Act of 2022, the Secretary shall immediately accelerate 
        and, as necessary, initiate activities to make available HALEU, 
        produced from inventories owned by the Department, for use by 
        advanced nuclear reactors, with priority given to the awards 
        made pursuant to the funding opportunity announcement of the 
        Department numbered DE-FOA-0002271 for Pathway 1, Advanced 
        Reactor Demonstrations, with additional HALEU to be made 
        available to members of the consortium established under 
        subsection (b)(2)(F), as available.
            ``(2) Ownership.--HALEU made available under this 
        subsection--
                    ``(A) shall remain the property of, and title shall 
                remain with, the Department; and
                    ``(B) shall not be subject to the requirements of 
                section 3112(d)(2) and 3113 of the USEC Privatization 
                Act (42 U.S.C. 2297h-10(d)(2), 2297h-11).
            ``(3) Quantity.--In carrying out activities under this 
        subsection, the Secretary shall make available--
                    ``(A) by September 30, 2024, not less than 3 metric 
                tons of HALEU;
                    ``(B) by December 31, 2025, not less than an 
                additional 8 metric tons of HALEU; and
                    ``(C) by June 30, 2026, not less than an additional 
                10 metric tons of HALEU.
            ``(4) Factors for consideration.--In carrying out 
        activities under this subsection, the Secretary shall take into 
        consideration--
                    ``(A) options for providing HALEU from a stockpile 
                of uranium owned by the Department (including the 
                National Nuclear Security Administration), including--
                            ``(i) fuel that--
                                    ``(I) directly meets the needs of 
                                advanced nuclear reactor end-users; but
                                    ``(II) has been previously used or 
                                fabricated for another purpose;
                            ``(ii) fuel that can meet the needs of 
                        advanced nuclear reactor end-users after 
                        removing radioactive or other contaminants that 
                        resulted from a previous use or fabrication of 
                        the fuel for research, development, 
                        demonstration, or deployment activities of the 
                        Department (including activities of the 
                        National Nuclear Security Administration);
                            ``(iii) fuel from a high-enriched uranium 
                        stockpile, which can be blended with lower 
                        assay uranium to become HALEU to meet the needs 
                        of advanced nuclear reactor end-users; and
                            ``(iv) fuel from uranium stockpiles 
                        intended for other purposes, but for which 
                        uranium could be swapped or replaced in time in 
                        such a manner that would not negatively impact 
                        the missions of the Department;
                    ``(B) options for providing HALEU from domestically 
                enriched HALEU procured by the Department through a 
                competitive process pursuant to the HALEU Bank 
                established under subsection (c)(3)(C); and
                    ``(C) options to replenish, as needed, Department 
                stockpiles of uranium made available pursuant to 
                subparagraph (A) with domestically enriched HALEU 
                procured by the Department through a competitive 
                process pursuant to the HALEU Bank established under 
                subsection (c)(3)(C).
            ``(5) Limitation.--The Secretary shall not barter or 
        otherwise sell or transfer uranium in any form in exchange for 
        services relating to--
                    ``(A) the final disposition of radioactive waste 
                from uranium that is the subject of a contract for 
                sale, resale, transfer, or lease under this subsection; 
                or
                    ``(B) environmental cleanup activities.
            ``(6) Authorization of appropriations.--In addition to 
        amounts otherwise made available (other than amounts made 
        available under section 4(b) of the Fueling Our Nuclear Future 
        Act of 2022), there is authorized to be appropriated to the 
        Secretary to carry out this subsection $200,000,000 for each of 
        fiscal years 2023 through 2027.
            ``(7) Sunset.--The authority of the Secretary to carry out 
        activities under this subsection shall terminate on the date on 
        which the HALEU needs of advanced nuclear reactor end-users can 
        be fully met by commercial HALEU suppliers in the United 
        States, as mutually agreed to by the Secretary and advanced 
        nuclear reactor end-users.
    ``(e) Cost Recovery.--
            ``(1) In general.--In carrying out activities under 
        subsections (c) and (d), the Secretary shall ensure that any 
        HALEU acquired, provided, or made available under those 
        subsections for advanced nuclear reactor end-users is subject 
        to cost recovery in accordance with subsection (b)(2)(G).
            ``(2) Availability of certain funds.--Notwithstanding 
        section 3302 of title 31, United States Code, revenues received 
        from the sale or transfer of fuel feed material and other 
        activities related to making HALEU available pursuant to this 
        section--
                    ``(A) shall be available to the Department for 
                carrying out the purposes of this section, to reduce 
                the need for further appropriations for those purposes; 
                and
                    ``(B) shall remain available until expended.
    ``(f) Exclusion.--In carrying out activities under this section, 
the Secretary shall not make available, or provide funding for, uranium 
that is recovered, downblended, produced, chemically converted, 
enriched, chemically deconverted, or fabricated by an entity that--
            ``(1) is owned or controlled by the Government of the 
        Russian Federation or the Government of the People's Republic 
        of China; or
            ``(2) is organized under the laws of, or otherwise subject 
        to the jurisdiction of, the Russian Federation or the People's 
        Republic of China.''; and
            (10) by adding at the end the following:
    ``(h) Briefing.--Not later than 90 days after the date of enactment 
of the Fueling Our Nuclear Future Act of 2022, the Secretary shall 
provide a briefing to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives that--
            ``(1) summarizes the reports required by subsection (g);
            ``(2) summarizes the planning of the Department for the 
        storage and disposal of waste products resulting from the 
        production and use of HALEU; and
            ``(3) summarizes the ability of uranium suppliers to 
        provide uranium for advanced nuclear reactor fuel, including--
                    ``(A) uranium that has been produced prior to the 
                date of enactment of the Fueling Our Nuclear Future Act 
                of 2022;
                    ``(B) the sufficiency of existing uranium 
                production to meet the needs described in this section;
                    ``(C) an assessment of the countries from which the 
                Unites States currently imports uranium, including the 
                form and annual quantity;
                    ``(D) the impact of increased reliance on domestic 
                uranium production, conversion, and enrichment to 
                sustain the continued operation of existing nuclear 
                reactors; and
                    ``(E) the need for increased domestic uranium 
                production to meet the needs described this section.''.

SEC. 4. TRANSFER OF FUNDS FROM THE UNITED STATES ENRICHMENT CORPORATION 
              FUND.

    (a) Definitions.--In this section:
            (1) Fund.--The term ``Fund'' means the United States 
        Enrichment Corporation Fund established by section 1308 of the 
        Atomic Energy Act of 1954 (68 Stat. 921, chapter 1073; 106 
        Stat. 2929) (repealed by section 3116(a)(1) of the Omnibus 
        Consolidated Rescissions and Appropriations Act of 1996 (Public 
        Law 104-134; 110 Stat. 1321-349)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Authorization of Transfer of Amounts.--
            (1) In general.--All amounts in the Fund as of the date of 
        enactment of this Act are authorized to be transferred and 
        merged with the amounts authorized to be appropriated to the 
        Secretary to carry out subsections (c) and (d) of section 2001 
        of the Energy Act of 2020 (42 U.S.C. 16281).
            (2) Allocation.--Of the amounts authorized to be 
        transferred under paragraph (1)--
                    (A) 50 percent is authorized to be appropriated to 
                carry out subsection (c) of that section; and
                    (B) 50 percent is authorized to be appropriated to 
                carry out subsection (d) of that section.
            (3) Application.--Any amounts made available to the 
        Secretary under subparagraph (A) or (B) of paragraph (2)--
                    (A) shall be considered to be part of the amounts 
                authorized to be appropriated to the Secretary under 
                subsection (c)(4) or (d)(6), respectively, of section 
                2001 of the Energy Act of 2020 (42 U.S.C. 16281); and
                    (B) shall remain available until expended.
    (c) Termination of Fund.--The Fund shall terminate on completion of 
the transfer under subsection (b)(1).
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