[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8674 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8674

  To establish milestone-based development and demonstration projects 
           relating to nuclear fuel, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2024

Mr. Williams of New York (for himself and Mr. Sorensen) introduced the 
following bill; which was referred to the Committee on Science, Space, 
                             and Technology

_______________________________________________________________________

                                 A BILL


 
  To establish milestone-based development and demonstration projects 
           relating to nuclear fuel, 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 ``Milestones for Advanced Nuclear Fuel 
Act''.

SEC. 2. MILESTONE-BASED DEVELOPMENT AND DEMONSTRATION PROJECTS.

    (a) Milestone-based Development and Demonstration Program.--The 
Nuclear Fuel Security Act of 2023 (enacted as section 3131 of subtitle 
C of title XXXI of division C of the National Defense Authorization Act 
for Fiscal Year 2024 (Public Law 118-31)) is amended--
            (1) in subsection (d)--
                    (A) by redesignating paragraphs (8), (9), and (10) 
                as paragraphs (9), (10), and (11), respectively; and
                    (B) by inserting after paragraph (7) the following 
                new paragraph:
            ``(8) National laboratory.--The term `National Laboratory' 
        has the meaning given such term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).''.
            (2) by adding at the end the following new subsection:
    ``(q) Application of Certain Milestone-based Development and 
Demonstration Projects.--
            ``(1) In general.--The Secretary shall award milestone-
        based advanced fuel cycle technologies development and 
        demonstration projects in accordance with section 9005 of the 
        Energy Act of 2020 (42 U.S.C. 7256c; enacted as part of title 
        IX of division Z of the Consolidated Appropriations Act, 2021) 
        in carrying out the Nuclear Fuel Security Program and the HALEU 
        for Advanced Nuclear Reactor Demonstration Projects Program 
        (established pursuant to subsection (e), and carried out in 
        accordance with subsections (f) and (h), respectively) in the 
        same manner and to the same extent as such section 9005 applies 
        to section 846(g) of the Department of Energy Organization Act 
        (42 U.S.C. 7256(g)).
            ``(2) Purpose.--In carrying out milestone-based advanced 
        fuel cycle technologies development and demonstration projects 
        referred to in paragraph (1), the Secretary shall support the 
        development and demonstration of an economically competitive, 
        nuclear fuel supply chain by not later than three years after 
        the date of the enactment of this subsection that includes 
        domestic uranium production, conversion, enrichment, 
        deconversion, and waste reduction for advanced fuels, such as 
        HALEU and other advanced nuclear reactor fuels, for the 
        following:
                    ``(A) Department research, development, and 
                demonstration projects for advanced nuclear reactors, 
                including civilian research and experimental reactors.
                    ``(B) Advanced nuclear reactors.
                    ``(C) Strategic radioactive and stable isotopes 
                producers, such as energy, medical, space-based heating 
                and power, and national security application, and for 
                basic research.
                    ``(D) Interagency and intra-agency partnerships and 
                collaborations, including with the National 
                Laboratories, the Advanced Research Projects Agency-
                Energy, the National Aeronautics and Space 
                Administration, the Department of Defense, and other 
                relevant Federal and State departments and agencies, as 
                determined appropriate by the Secretary.
            ``(3) Eligibility.--Any associated entity is eligible to 
        participate in the projects under this subsection if the 
        Secretary has determined such entity has the necessary 
        resources and expertise. In selecting eligible associated 
        entities, the Secretary shall select, to the maximum extent 
        practicable, associated entities that--
                    ``(A) prioritize novel technologies and processes;
                    ``(B) utilize technologies and processes that 
                reduce nonproliferation risks; and
                    ``(C) leverage matching funds from non-Federal 
                sources.
            ``(4) Requirements.--In carrying out such projects, the 
        Secretary shall consult with developers of advanced nuclear 
        reactors and owners and operators of electric utilities to 
        review proposed technical and financial milestones and assist 
        in the development of such milestones.
            ``(5) Selection.--For the associated entities selected 
        under this subsection, the following conditions shall apply:
                    ``(A) Consistent with the existing authorities of 
                the Department, the Secretary may terminate an 
                agreement with a selected associated entity for cause 
                during the performance period.
                    ``(B) Support under this subsection may not be used 
                to cover any costs or reimbursement of expenses that 
                are covered by Federal funding provided through other 
                support, including awards.
            ``(6) Applications.--A project proposal submitted under 
        this subsection shall be evaluated based upon the scientific, 
        technical, and business merits of such proposal, including 
        consideration of waste management benefits, through a peer-
        review process, which shall include reviewers with appropriate 
        expertise from the private sector, electric utilities, the 
        investment community, and nuclear fuel and supply chain 
        experts.
            ``(7) Project management.--In carrying out projects under 
        this subsection and assessing the completion of the milestones 
        developed pursuant to paragraph (4), the Secretary shall 
        consult with nuclear fuel and supply experts representing 
        diverse perspectives and professional experiences, including 
        developers of advanced nuclear reactor owners and operators of 
        electric utilities, to ensure a complete and thorough review.
            ``(8) Annual briefing.--As part of the annual budget 
        request submitted for each fiscal year, the Secretary shall 
        provide the Committee on Science, Space, and Technology of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a briefing describing the 
        selected projects under this subsection during the previous 
        fiscal year, the benefits and drawbacks of milestone-based 
        projects as compared to traditional project structure funding 
        models, and lessons-leaned from project operations.''.
    (b) Nuclear Fuel Recycling and Viability to Support Existing and 
Future Reactors.--Section 953 of the Energy Policy Act of 2005 (42 
U.S.C. 16273) is amended by adding at the end the following new 
subsections:
    ``(c) Milestone-based Demonstrations Projects.--The Secretary shall 
carry out demonstration projects under this section as a milestone-
based demonstration project in the same manner and to the same extent 
as under section 9005 of the Energy Act of 2020 (42 U.S.C. 7256c; 
enacted as part of title IX of division Z of the Consolidated 
Appropriations Act, 2021), with priority placed on awarding milestone-
based awards to projects that increase domestic fabrication and 
recycling capacity of spent nuclear fuel for advanced fuels.
    ``(d) Report.--Not later than 180 days after the date of the date 
of the enactment of this subsection, the Secretary, acting through the 
Assistant Secretary for Nuclear Energy, shall complete and make 
publicly available a study that analyzes the practicability, potential 
benefits, including relating to waste reduction through separation of 
high- and low-level waste or utilization of transuranic materials, and 
estimated lifecycle costs of the following:
            ``(1) Dedicated recycling facilities, and co-location with 
        other nuclear energy infrastructure, that utilize spent nuclear 
        fuel from existing nuclear reactors and future advanced nuclear 
        reactors into usable nuclear fuel for the following:
                    ``(A) Commercial light water reactors.
                    ``(B) Advanced nuclear reactors.
                    ``(C) Space-based heating and power.
                    ``(D) Research reactors.
                    ``(E) Nuclear battery applications.
                    ``(F) Such other applications as determined 
                appropriate by the Secretary.
            ``(2) Dedicated recycling facilities, and co-location with 
        other nuclear energy infrastructure, to utilize high-assay low-
        enriched uranium (HALEU) (as such term is defined in section 
        2001(d) of the Energy Act of 2020 (42 U.S.C. 16281(d)), or 
        other feedstocks, such as uranium and transuranic materials, 
        into usable nuclear fuel for the following:
                    ``(A) Commercial light water reactors.
                    ``(B) Advanced nuclear reactors.
                    ``(C) Space-based power.
                    ``(D) Research reactors.
                    ``(E) Nuclear battery applications.
                    ``(F) Such other applications as determined 
                appropriate by the Secretary.
            ``(3) Utilizing recycled fuel in advanced nuclear reactors 
        or existing light water reactors as compared to non-recycled 
        fuel.
            ``(4) Dedicated spent nuclear fuel reprocessing facilities, 
        and co-location with other nuclear energy infrastructure, to 
        extract certain radioactive and stable isotopes needed for 
        domestic and international use, including for the following:
                    ``(A) Advanced nuclear reactors.
                    ``(B) Medical, industrial, space-based power, and 
                nuclear battery applications.
                    ``(C) Such other applications as determined 
                appropriate by the Secretary.
            ``(5) Commercial associated entities acquiring spent fuel 
        from operating or shutdown reactors and any contract or policy 
        revisions that could better facilitate such transactions.
            ``(6) Private sector associated entities that take title of 
        spent nuclear fuel from commercial nuclear reactor sites for 
        any of the following:
                    ``(A) Research or reuse.
                    ``(B) Recycling.
                    ``(C) Strategic radioactive or stable isotope 
                extraction.
            ``(7) Comprehensive cost-benefit analysis associated with 
        spent fuel recycling, including considerations of net reduction 
        in spent fuel inventory, separation of high- and low-level 
        waste with new storage requirements, disposal of byproducts 
        from spent fuel recycling, supply chain impacts, and list of 
        industries that would benefit from spent fuel recycling 
        byproducts.
            ``(8) Policy, legal, or regulatory changes to support the 
        safe and secure development and deployment of recycling and 
        waste utilizing reactor technologies, and any impacts such 
        changes would have on domestic storage of spent nuclear fuel 
        and disposal through the recycling of spent nuclear fuel.''.
                                 <all>