[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5721-S5724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6198. Mr. MANCHIN (for himself, Mr. Barrasso, and Mr. Risch)
submitted an amendment intended to be proposed to amendment SA 5499
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be
proposed to the bill H.R. 7900, to authorize appropriations for fiscal
year 2023 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 in division C, insert the
following:
SEC. 3___. U.S. NUCLEAR FUELS SECURITY INITIATIVE TO REDUCE
RELIANCE ON NUCLEAR FUELS FROM RUSSIA AND
CHINA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the allies of the United States
need to eliminate reliance on the Russian Federation for
energy fuels, including all forms of uranium;
(2) the Department should--
(A) prioritize activities to increase domestic production
of low-enriched uranium; and
(B) accelerate efforts to establish a domestic high-assay,
low-enriched uranium enrichment capability; and
(3) if domestic enrichment of high-assay, low-enriched
uranium will not be commercially available at the scale
needed in time to meet the needs of the advanced nuclear
reactor demonstration projects of the Department, the
Secretary shall consider and implement, as necessary--
(A) all viable options to make high-assay, low-enriched
uranium produced from inventories owned by the Department
available in a manner that is sufficient to maximize the
potential for the Department to meet the needs and schedules
of advanced nuclear reactor developers, without impacting
existing Department missions, until such time that commercial
enrichment and deconversion capability for high-assay, low-
enriched uranium exists at a scale sufficient to meet future
needs; and
(B) all viable options for partnering with ally or partner
nations to meet those needs and schedules until that time.
(b) Objectives.--The objectives of this section are--
(1) to expeditiously increase domestic production of low-
enriched uranium to prevent the reliance of the United States
and, to the maximum extent practicable, ally or partner
nations on nuclear fuels from--
(A) the Russian Federation;
(B) the People's Republic of China; and
(C) other countries determined by the Secretary to be
insecure supply sources with respect to low-enriched uranium;
(2) to expeditiously increase domestic production of high-
assay, low-enriched uranium by an annual quantity, and in
such form, determined by the Secretary to be sufficient to
meet the needs of--
(A) advanced nuclear reactor developers; and
(B) the consortium;
(3) to ensure the availability of domestically produced,
converted, and enriched uranium in a quantity determined by
the Secretary, in consultation with U.S. nuclear energy
companies, to be sufficient to address a reasonably
anticipated supply disruption;
(4) to address gaps and deficiencies in the domestic
production, conversion, enrichment, deconversion, and
reduction of uranium by partnering with ally or partner
nations if domestic options are not practicable;
(5) to ensure that, in the event of a supply disruption in
the nuclear fuel market, a reserve of nuclear fuels is
available to serve as a backup supply to support the nuclear
nonproliferation and civil nuclear energy objectives of the
Department;
(6) to support enrichment, deconversion, and reduction
technology deployed in the United States; and
(7) to ensure that, until such time that domestic
enrichment and deconversion of high-assay, low-enriched
uranium is commercially available at the scale needed to meet
the needs of advanced nuclear reactor developers, the
Secretary considers and implements, as necessary--
(A) all viable options to make high-assay, low-enriched
uranium produced from inventories owned by the Department
available in a manner that is sufficient to maximize the
potential for the Department to meet the needs and schedules
of advanced nuclear reactor developers; and
(B) all viable options for partnering with ally or partner
nations to meet those needs and schedules.
(c) Definitions.--In this section:
(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) Ally or partner nation.--The term ``ally or partner
nation'' means--
[[Page S5722]]
(A) the Government of any country that is a member of the
Organisation for Economic Co-operation and Development;
(B) the Government of the Republic of India; and
(C) the Government of any country designated as an ally or
partner nation by the Secretary for purposes of this section.
(3) Associated entity.--The term ``associated entity''
means an entity that--
(A) is owned, controlled, or dominated by--
(i) an ally or partner nation; or
(ii) an associated individual; or
(B) is organized under the laws of, or otherwise subject to
the jurisdiction of, a country described in any of
subparagraphs (A) through (C) of paragraph (2), including a
corporation that is incorporated in a country described in
any of those subparagraphs.
(4) Associated individual.--The term ``associated
individual'' means an alien who is a national of a country
described in any of subparagraphs (A) through (C) of
paragraph (2).
(5) Consortium.--The term ``consortium'' means the
consortium established under section 2001(a)(2)(F) of the
Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).
(6) Department.--The term ``Department'' means the
Department of Energy.
(7) High-assay, low-enriched uranium; haleu.--The term
``high-assay, low-enriched uranium'' or ``HALEU'' means high-
assay low-enriched uranium (as defined in section 2001(d) of
the Energy Act of 2020 (42 U.S.C. 16281(d))).
(8) Low-enriched uranium; leu.--The term ``low-enriched
uranium'' or ``LEU'' means each of--
(A) low-enriched uranium (as defined in section 3102 of the
USEC Privatization Act (42 U.S.C. 2297h)); and
(B) low-enriched uranium (as defined in section 3112A(a) of
that Act (42 U.S.C. 2297h-10a(a))).
(9) Programs.--The term ``Programs'' means--
(A) the Nuclear Fuel Security Program established under
subsection (d)(1);
(B) the American Assured Fuel Supply Program of the
Department; and
(C) the HALEU for Advanced Nuclear Reactor Demonstration
Projects Program established under subsection (d)(3).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) U.S. nuclear energy company.--The term ``U.S. nuclear
energy company'' means a company that--
(A) is organized under the laws of, or otherwise subject to
the jurisdiction of, the United States; and
(B) is involved in the nuclear energy industry.
(d) Establishment and Expansion of Programs.--The
Secretary, consistent with the objectives described in
subsection (b), shall--
(1) establish a program, to be known as the ``Nuclear Fuel
Security Program'', to prevent the reliance of the United
States and, to the maximum extent practicable, ally or
partner nations on LEU and HALEU from the Russian Federation
and the People's Republic of China by increasing the quantity
of LEU and HALEU produced by U.S. nuclear energy companies;
(2) expand the American Assured Fuel Supply Program of the
Department to ensure the availability of domestically
produced, converted, and enriched uranium in the event of a
supply disruption; and
(3) establish a program, to be known as the ``HALEU for
Advanced Nuclear Reactor Demonstration Projects Program''--
(A) to maximize the potential for the Department to meet
the needs and schedules of advanced nuclear reactor
developers until such time that commercial enrichment and
deconversion capability for HALEU exists in the United States
at a scale sufficient to meet future needs; and
(B) where practicable, to partner with ally or partner
nations to meet those needs and schedules until that time.
(e) Nuclear Fuel Security Program.--
(1) In general.--In carrying out the Nuclear Fuel Security
Program, the Secretary shall--
(A) not later than 180 days after the date of enactment of
this Act, enter into 2 or more contracts to begin acquiring
not less than 100 metric tons per year of LEU by December 31,
2026 (or the earliest operationally feasible date
thereafter), to ensure diverse domestic uranium mining,
conversion, enrichment, deconversion, and reduction capacity
and technologies, including new capacity, among U.S. nuclear
energy companies;
(B) not later than 180 days after the date of enactment of
this Act, enter into 2 or more contracts with members of the
consortium to begin acquiring not less than 20 metric tons
per year of HALEU by December 31, 2027 (or the earliest
operationally feasible date thereafter), from U.S. nuclear
energy companies;
(C) utilize only uranium produced, converted, and enriched
in--
(i) the United States; or
(ii) if domestic options are not practicable, a country
described in any of subparagraphs (A) through (C) of
subsection (c)(2);
(D) to the maximum extent practicable, ensure that the use
of domestic uranium utilized as a result of that program does
not negatively affect the economic operation of nuclear
reactors in the United States; and
(E) take other actions that the Secretary determines to be
necessary or appropriate to prevent the reliance of the
United States and ally or partner nations on nuclear fuels
from the Russian Federation and the People's Republic of
China.
(2) Considerations.--In carrying out paragraph (1)(B), the
Secretary shall consider and, if appropriate, implement--
(A) options to ensure the quickest availability of
commercially enriched HALEU, including--
(i) partnerships between 2 or more commercial enrichers;
and
(ii) utilization of up to 10-percent enriched uranium as
feedstock in demonstration-scale or commercial HALEU
enrichment facilities;
(B) options to partner with ally or partner nations to
provide LEU and HALEU for commercial purposes;
(C) options that provide for an array of HALEU--
(i) enrichment levels;
(ii) output levels to meet demand; and
(iii) fuel forms, including uranium metal and oxide; and
(D) options--
(i) to replenish, as necessary, Department stockpiles of
uranium that was intended to be downblended for other
purposes, but was instead used in carrying out activities
under the HALEU for Advanced Nuclear Reactor Demonstration
Projects Program;
(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 other advanced nuclear
reactor developers and other end-users.
(3) Avoidance of market disruptions.--In carrying out the
Nuclear Fuel Security Program, the Secretary, to the extent
practicable and consistent with the purposes of that program,
shall not disrupt or replace market mechanisms by competing
with U.S. nuclear energy companies.
(f) Expansion of the American Assured Fuel Supply
Program.--The Secretary, in consultation with U.S. nuclear
energy companies, shall--
(1) expand the American Assured Fuel Supply Program of the
Department by merging the operations of the Uranium Reserve
Program of the Department with the American Assured Fuel
Supply Program; and
(2) in carrying out the American Assured Fuel Supply
Program of the Department, as expanded under paragraph (1)--
(A) maintain, replenish, diversify, or increase the
quantity of uranium made available by that program in a
manner determined by the Secretary to be consistent with the
purposes of that program and the objectives described in
subsection (b);
(B) utilize only uranium produced, converted, and enriched
in--
(i) the United States; or
(ii) if domestic options are not practicable, a country
described in any of subparagraphs (A) through (C) of
subsection (c)(2);
(C) make uranium available from the American Assured Fuel
Supply, subject to terms and conditions determined by the
Secretary to be reasonable and appropriate;
(D) refill and expand the supply of uranium in the American
Assured Fuel Supply, including by maintaining a limited
reserve of uranium to address a potential event in which a
domestic or foreign recipient of uranium experiences a supply
disruption for which uranium cannot be obtained through
normal market mechanisms or under normal market conditions;
and
(E) take other actions that the Secretary determines to be
necessary or appropriate to address the purposes of that
program and the objectives described in subsection (b).
(g) HALEU for Advanced Nuclear Reactor Demonstration
Projects Program.--
(1) Activities.--On enactment of this Act, the Secretary
shall immediately accelerate and, as necessary, initiate
activities to make available from inventories or stockpiles
owned by the Department and made available to the consortium,
HALEU for use in advanced nuclear reactors that cannot
operate on uranium with lower enrichment levels or on
alternate fuels, 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 other advanced nuclear reactor developers, as
the Secretary determines to be appropriate.
(2) Quantity.--In carrying out activities under this
subsection, the Secretary shall consider and implement, as
necessary, all viable options to make HALEU available in
quantities sufficient to maximize the potential for the
Department to meet the needs and schedules of advanced
nuclear reactor developers, including by seeking to 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.
(3) 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) uranium that has been declared excess to national
security needs;
(ii) uranium that--
(I) directly meets the needs of advanced nuclear reactor
developers; but
[[Page S5723]]
(II) has been previously used or fabricated for another
purpose;
(iii) uranium that can meet the needs of advanced nuclear
reactor developers after removing radioactive or other
contaminants that resulted from previous use or fabrication
of the fuel for research, development, demonstration, or
deployment activities of the Department, including activities
that reduce the environmental liability of the Department by
accelerating the processing of uranium from stockpiles
designated as waste;
(iv) uranium 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 developers; and
(v) uranium from 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 expanding, or establishing new,
capabilities or infrastructure to support the processing of
uranium from Department inventories, including options that
may be mutually beneficial to the Department and to U.S.
nuclear energy companies;
(C) options for accelerating the availability of HALEU from
HALEU enrichment demonstration projects of the Department;
(D) options for providing HALEU from domestically enriched
HALEU procured by the Department through a competitive
process pursuant to the Nuclear Fuel Security Program
established under subsection (d)(1);
(E) 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 Nuclear Fuel
Security Program established under subsection (d)(1); and
(F) options that combine 1 or more of the approaches
described in subparagraphs (A) through (E) to meet the
deadlines described in paragraph (2).
(4) 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.
(5) Sunset.--The authority of the Secretary to carry out
activities under this subsection shall terminate on the date
on which the Secretary notifies Congress that the HALEU needs
of advanced nuclear reactor developers can be fully met by
commercial HALEU suppliers in the United States, as
determined by the Secretary, in consultation with U.S.
nuclear energy companies.
(h) Authority.--In carrying out the Programs, the
Secretary, in coordination with the Secretary of State (where
applicable)--
(1) may--
(A) in addition to exercising the authority granted to the
Secretary under any other provision of law, enter into
transactions (other than contracts, cooperative agreements,
financial assistance agreements, or the provision of any
other financial assistance) with an ally or partner nation, a
U.S. nuclear energy company, or any other domestic or foreign
entity for any activity to carry out the Programs, including
the acquisition or provision of uranium, conversion services,
enrichment services, LEU, HALEU, and related goods and
services;
(B) notwithstanding section 161 u. of the Atomic Energy Act
of 1954 (42 U.S.C. 2201(u)), enter into contracts and other
arrangements of such duration as the Secretary determines to
be necessary;
(C) make acquisitions for the Programs through the use of
competitive selection processes that the Secretary determines
to be appropriate to achieve the objectives described in
subsection (b) in an expeditious manner;
(D)(i) establish milestones for achieving specified
objectives, including the production of LEU and HALEU in
quantities and timeframes described in this section; and
(ii) provide awards and other forms of incentives for
meeting those milestones; and
(E) provide loan guarantees, other financial assistance, or
assistance in the form of revenue guarantees or similar
mechanisms; and
(2) shall ensure that amounts charged to the Secretary for
the acquisition or provision of uranium, conversion services,
enrichment services, LEU, HALEU, and other goods and services
under the Programs provide, in the opinion of the Secretary,
in consultation with U.S. nuclear energy companies,
reasonable compensation, taking into account--
(A) the fair market value of the good or service acquired
or provided;
(B) the cost recovery requirements of the consortium; and
(C) the objectives described in subsection (b).
(i) Domestic Sourcing Considerations.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may only carry out an activity in connection with 1
or more of the Programs if--
(A) the activity promotes manufacturing in the United
States associated with uranium supply chains; or
(B) the activity relies on resources, materials, or
equipment developed or produced--
(i) in the United States; or
(ii) in a country described in any of subparagraphs (A)
through (C) of subsection (c)(2) by--
(I) an ally or partner nation;
(II) an associated entity; or
(III) a U.S. nuclear energy company.
(2) Waiver.--The Secretary may waive the requirements of
paragraph (1) with respect to an activity if the Secretary
determines a waiver to be necessary to achieve 1 or more of
the objectives described in subsection (b).
(j) Reasonable Compensation.--
(1) In general.--In carrying out activities under this
section, the Secretary shall ensure that any LEU and HALEU
made available by the Secretary under 1 or more of the
Programs is subject to reasonable compensation, taking into
account the fair market value of the LEU or HALEU and the
purposes of this section.
(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 LEU and 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.
(k) Exclusions.--The Secretary may not carry out an
activity in connection with the Programs with an entity that
is--
(1) owned or controlled by the Government of the Russian
Federation or the Government of the People's Republic of
China; or
(2) organized under the laws of, or otherwise subject to
the jurisdiction of, the Russian Federation or the People's
Republic of China.
(l) Nuclear Regulatory Commission.--The Nuclear Regulatory
Commission shall prioritize and expedite consideration of any
action related to the Programs to the extent permitted under
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and
related statutes.
(m) USEC Privatization Act.--
(1) In general.--The requirements of section 3112 of the
USEC Privatization Act (42 U.S.C. 2297h-10) shall not apply
to activities related to the Programs.
(2) Amendment.--Section 3112A(c)(2)(A) of the USEC
Privatization Act (42 U.S.C. 2297h-10a(c)(2)(A)) is amended--
(A) in clause (xii), by inserting ``and'' after the
semicolon at the end;
(B) by striking clauses (xiii) through (xxvii); and
(C) by adding at the end the following:
``(xiii) in calendar year 2026 and each calendar year
thereafter, 0 kilograms.''.
(n) Prohibition on Importation of Uranium From the Russian
Federation and the People's Republic of China.--
(1) In general.--Notwithstanding section 3112A of the USEC
Privatization Act (42 U.S.C. 2297h-10a) or any other
provision of law, the importation of articles of the Russian
Federation or the People's Republic of China classifiable
under subheading 2612.10, 2844.10, 2844.20, 2844.30.20, or
2844.30.50 of the Harmonized Tariff Schedule of the United
States is prohibited.
(2) Waiver of prohibition.--
(A) In general.--The Secretary may waive the prohibition
under paragraph (1) with respect to an article if the
Secretary, in consultation with the Secretary of State and
the Secretary of Commerce, determines that--
(i) no viable source of alternative supply of the article
is available to sustain continued operation of a nuclear
reactor in the United States; or
(ii) importation of the article from a country other than
the Russian Federation or the People's Republic of China is
in the interest of national security.
(B) Notification to congress.--Not later than 60 days
before issuing a waiver under subparagraph (A), the Secretary
shall notify the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of the
House of Representatives of the intent to issue the waiver,
including a justification for the waiver.
(C) Expiration of waiver authority.--The authority provided
to the Secretary under subparagraph (A) expires on December
31, 2025.
(3) Effective date.--Paragraph (1) applies with respect to
articles entered, or withdrawn from warehouse for
consumption, on or after the date that is 45 days after the
date of enactment of this Act.
(o) Authorization of Appropriations.--In addition to
amounts otherwise available, there are authorized to be
appropriated to the Secretary--
(1) for the Nuclear Fuel Security Program, $3,500,000,000
for fiscal year 2023, to remain available until September 30,
2031, of which the Secretary may use $1,000,000,000 by
September 30, 2028, to carry out the HALEU for Advanced
Nuclear Reactor Demonstration Projects Program; and
(2) for the American Assured Fuel Supply Program of the
Department, as expanded under this section, such sums as are
necessary for the period of fiscal years 2023 through 2030,
to remain available until September 30, 2031.
SEC. 3___. ISOTOPE DEMONSTRATION AND ADVANCED NUCLEAR
RESEARCH INFRASTRUCTURE ENHANCEMENT.
(a) Evaluation and Establishment of Isotope Demonstration
Program.--Section 952(a)(2)(A) of the Energy Policy Act of
2005 (42 U.S.C. 16272(a)(2)(A)) is amended by striking
``shall evaluate the technical and economic feasibility of
the establishment of'' and inserting ``shall evaluate the
technical
[[Page S5724]]
and economic feasibility of, and, if feasible, is authorized
to establish,''.
(b) Advanced Nuclear Research Infrastructure Enhancement.--
Section 954(a)(5) of the Energy Policy Act of 2005 (42 U.S.C.
16274(a)(5)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following:
``(E) Fuel services.--The Secretary shall expand the
Research Reactor Infrastructure subprogram of the
Radiological Facilities Management program of the Department
carried out under paragraph (6) to provide fuel services to
research reactors established under this paragraph.''.
SEC. 3___. REPORT ON CIVIL NUCLEAR CREDIT PROGRAM.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Energy shall submit to the appropriate
committees of Congress a report that identifies the
anticipated funding requirements for the civil nuclear credit
program described in section 40323 of the Infrastructure
Investment and Jobs Act (42 U.S.C. 18753), taking into
account--
(1) the zero-emission nuclear power production credit
authorized by section 45U of the Internal Revenue Code of
1986; and
(2) any increased fuel costs associated with the use of
domestic fuel that may arise from the implementation of that
program.
______