[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[Senate]
[Pages S8514-S8515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4825. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. _____. HA-LEU 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); and

       (ii) in subparagraph (E), by striking ``for domestic 
     commercial use'' and inserting ``to meet the needs of 
     commercial, government, academic, and international 
     entities''; and
       (B) 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) by striking ``subsection (a)(1)'' each place it appears 
     and inserting ``subsection (b)(1)'';
       (B) in subparagraph (B)(viii), by striking ``subsection 
     (a)(2)(F)'' and inserting ``subsection (b)(2)(F)''; and
       (C) 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 ``There are'' and inserting the following:
       ``(7) Authorization of appropriations.--There are''; and
       (ii) by striking ``in this section'' and inserting ``under 
     this subsection'';
       (4) in subsection (d)--
       (A) by redesignating paragraphs (1) through (6) as 
     paragraphs (2), (3), (5), (6), (7), and (8), respectively;
       (B) by inserting before paragraph (2) (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)).''; and
       (C) by inserting after paragraph (3) (as so redesignated) 
     the following:
       ``(4) Department.--The term `Department' means the 
     Department of Energy.'';
       (5) by moving paragraph (7) of subsection (c) (as 
     designated by paragraph (3)(B)(i)) so as to appear after 
     paragraph (6) of subsection (a) (as redesignated by paragraph 
     (1)(B));
       (6) by striking subsection (c);
       (7) 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; and
       (8) by inserting after subsection (b) (as so redesignated) 
     the following:
       ``(c) HA-LEU for Advanced Nuclear Reactor Demonstration 
     Projects.--
       ``(1) Activities.--Not later than 30 days after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2022, the Secretary shall initiate activities to 
     make available HA-LEU, 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 HA-LEU to be made available to members of the 
     consortium established under subsection (b)(2)(F), as 
     available.
       ``(2) Ownership.--HA-LEU 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, to the maximum extent practicable, 
     shall make available--
       ``(A) by September 30, 2024, not less than 3 metric tons of 
     HA-LEU; and
       ``(B) by December 31, 2025, not less than an additional 15 
     metric tons of HA-LEU.
       ``(4) Factors for consideration.--In carrying out 
     activities under this subsection, the Secretary shall take 
     into consideration--
       ``(A) options for providing HA-LEU from a stockpile of 
     uranium owned by the Department (including the National 
     Nuclear Security Administration), including--

[[Page S8515]]

       ``(i) fuel that--

       ``(I) directly meets the needs of the end-users described 
     in paragraph (1); but
       ``(II) has been previously used or fabricated for another 
     purpose;

       ``(ii) fuel that can meet the needs of the end-users 
     described in paragraph (1) 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 HA-LEU to 
     meet the needs of the end-users described in paragraph (1); 
     and
       ``(iv) fuel from uranium stockpiles intended for other 
     purposes, but for which material 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 HA-LEU from domestically 
     enriched HA-LEU procured by the Department through a 
     competitive process pursuant to the HA-LEU Bank established 
     under subsection (d)(3)(C); and
       ``(C) options to replenish, as needed, Department 
     stockpiles of uranium made available pursuant to subparagraph 
     (A) with domestically enriched HA-LEU procured by the 
     Department through a competitive process pursuant to the HA-
     LEU Bank established under subsection (d)(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) Appropriations.--In addition to amounts otherwise 
     made available, there is appropriated to the Secretary to 
     carry out this subsection, out of any amounts in the Treasury 
     not otherwise appropriated, $200,000,000 for each of fiscal 
     years 2022 through 2026.
       ``(7) Sunset.--The authority of the Secretary to carry out 
     activities under this subsection shall terminate on the 
     earlier of--
       ``(A) September 30, 2027; and
       ``(B) the date on which the HA-LEU needs of the end-users 
     described in paragraph (1) can be fully met by commercial 
     enrichers in the United States.
       ``(d) Commercial HA-LEU Availability.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of the National Defense Authorization Act 
     for Fiscal Year 2022, the Secretary shall establish a program 
     (referred to in this subsection as the `program') to 
     accelerate the availability of commercially produced HA-LEU 
     in the United States in accordance with this subsection.
       ``(2) Purposes.--The purposes of the program are--
       ``(A) to provide for the availability of HA-LEU enriched, 
     deconverted, and fabricated in the United States;
       ``(B) to address nuclear supply chain issues in the United 
     States; and
       ``(C) to support strategic nuclear fuel cycle 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 commercial HA-LEU production capability of not less than 20 
     metric tons of HA-LEU per year by--
       ``(i) December 31, 2026; or
       ``(ii) the earliest operationally feasible date thereafter;
       ``(B) options that provide for an array of HA-LEU--
       ``(i) enrichment levels;
       ``(ii) output levels to meet demand; and
       ``(iii) fuel forms; and
       ``(C) options to establish, through a competitive process, 
     a HA-LEU Bank--
       ``(i) to replenish Department stockpiles of material used 
     in carrying out activities under subsection (c); and
       ``(ii) after replenishing those stockpiles, to make HA-LEU 
     available to members of the consortium established under 
     subsection (b)(2)(F).
       ``(4) Appropriations.--In addition to amounts otherwise 
     made available, there is appropriated to the Secretary to 
     carry out this subsection, out of any amounts in the Treasury 
     not otherwise appropriated, $150,000,000 for each of fiscal 
     years 2022 through 2031.
       ``(e) Cost Recovery.--
       ``(1) In general.--In carrying out activities under 
     subsections (c) and (d), the Secretary shall ensure that any 
     HA-LEU acquired, provided, or made available under those 
     subsections for members of the consortium established under 
     subsection (b)(2)(F) 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 HA-LEU 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, 
     converted, or enriched 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.''.
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