[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[Senate]
[Pages S10093-S10097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 6622. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to 
amend section 1115 of title 31, United States Code, to amend the 
description of how performance goals are achieved, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1291, line 2, strike ``$1,481,915,000'' and insert 
     ``$1,480,915,000''.
       On page 1301, line 21, strike ``$3,500,000'' and insert 
     ``$4,500,000''.
       On page 1301, line 23, strike the period and insert the 
     following: ``Provided, That amounts appropriated under this 
     heading be used in a manner consistent with the Commission's 
     authorities under title II of the International Religious 
     Freedom Act of 1998 (22 U.S.C. 6431 et seq.).''.
                                 ______
                                 
  SA 6623. Mr. SCHUMER (for Mr. Leahy) proposed an amendment to the 
bill H.R. 4373, making appropriations for the Department of State, 
foreign operations, and related programs for the fiscal year ending 
September 30, 2022, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Further Additional 
     Continuing Appropriations and Extensions Act, 2023''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.

   DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2023

                       DIVISION B--OTHER MATTERS

Title I--Extensions
Title II--Budgetary Effects

     SEC. 3. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.

   DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2023

       Sec. 101.  The Continuing Appropriations Act, 2023 
     (division A of Public Law 117-180) is amended by striking the 
     date specified in section 106(3) and inserting ``December 30, 
     2022''.
       This division may be cited as the ``Further Additional 
     Continuing Appropriations Act, 2023''.

                       DIVISION B--OTHER MATTERS

                          TITLE I--EXTENSIONS

     SEC. 101. EXTENSION OF FCC AUCTION AUTHORITY.

       Section 309(j)(11) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(11)) shall be applied by substituting 
     ``December 30, 2022'' for ``December 23, 2022''.

     SEC. 102. EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT 
                   FOR DOMESTIC TRAFFICKING VICTIMS' FUND.

       Section 3014(a) of title 18, United States Code, shall be 
     applied, in the matter preceding paragraph (1), by 
     substituting ``December 30, 2022'' for ``December 23, 2022''.

     SEC. 103. UNITED STATES PAROLE COMMISSION EXTENSION.

       (a) Short Title.--This section may be cited as the ``United 
     States Parole Commission Further Additional Extension Act of 
     2022''.
       (b) Amendment of Sentencing Reform Act of 1984.--For 
     purposes of section 235(b) of the Sentencing Reform Act of 
     1984 (18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), 
     as such section relates to chapter 311 of title 18, United 
     States Code, and the United States Parole Commission, each 
     reference in such section to ``35 years and 46 days'' or 
     ``35-year and 46-day period'' shall be applied as if it were 
     a reference to ``35 years and 60 days'' or ``35-year and 60-
     day period'', respectively.
       (c) Effective Date.--Subsection (b) shall take effect as 
     though enacted as part of the Further Continuing 
     Appropriations and Extensions Act, 2023.
       (d) Superseded Provision.--Section 103 of division B of the 
     Further Continuing Appropriations and Extensions Act, 2023 
     shall have no force or effect.

     SEC. 104. EXTENSION OF COMMODITY FUTURES TRADING COMMISSION 
                   CUSTOMER PROTECTION FUND EXPENSES ACCOUNT.

       Section 1(b) of Public Law 117-25 (135 Stat. 297) shall be 
     applied by substituting ``December 30, 2022'' for ``December 
     23, 2022'' each place it appears.

     SEC. 105. EXTENSION OF MORATORIUM.

       Section 424(a) of title IV of division G of Public Law 113-
     76 shall be applied by substituting ``December 31, 2022'' for 
     ``December 24, 2022''.

                      TITLE II--BUDGETARY EFFECTS

     SEC. 201. BUDGETARY EFFECTS.

       (a) Statutory PAYGO Scorecards.--The budgetary effects of 
     this division shall not be entered on either PAYGO scorecard 
     maintained pursuant to section 4(d) of the Statutory Pay-As-
     You-Go Act of 2010.
       (b) Senate PAYGO Scorecards.--The budgetary effects of this 
     division shall not be entered on any PAYGO scorecard 
     maintained for purposes of section 4106 of H. Con. Res. 71 
     (115th Congress).
       (c) Classification of Budgetary Effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(8) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, the budgetary effects of this division shall not be 
     estimated--
       (1) for purposes of section 251 of such Act;
       (2) for purposes of an allocation to the Committee on 
     Appropriations pursuant to section 302(a) of the 
     Congressional Budget Act of 1974; and
       (3) for purposes of paragraph (4)(C) of section 3 of the 
     Statutory Pay-As-You-Go Act of 2010 as being included in an 
     appropriation Act.
                                 ______
                                 
  SA 6624. Mr. SCHUMER (for Mr. Wicker) submitted an amendment intended 
to be proposed by Mr. Schumer to the bill H.R. 1082, to study the 
incidence of fatal and non-fatal assaults in TNC and for-hire vehicles 
in order to enhance safety and save lives; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sami's Law''.

     SEC. 2. GAO STUDY ON INCIDENCE OF FATAL AND NON-FATAL 
                   PHYSICAL AND SEXUAL ASSAULT OF PASSENGERS, TNC 
                   DRIVERS, AND DRIVERS OF OTHER FOR-HIRE 
                   VEHICLES.

       (a) GAO Report.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Comptroller General of the United States shall submit to 
     Congress a report that includes the results of a study 
     regarding--
       (1) the incidence of fatal and non-fatal physical assault 
     and sexual assault perpetrated in the preceding 2 calendar 
     years (starting with calendar years 2019 and 2020 for the 
     first study)--
       (A) against TNC drivers and drivers of other for-hire 
     vehicles (including taxicabs) by passengers and riders of 
     for-hire vehicles; and
       (B) against passengers and riders by other passengers and 
     TNC drivers or drivers of other for-hire vehicles (including 
     taxicabs), including the incidences that are committed by 
     individuals who are not TNC drivers or drivers of other for-
     hire vehicles but who pose as TNC drivers or drivers of other 
     for-hire vehicles;
       (2) the nature and specifics of any background checks 
     conducted on prospective TNC drivers and drivers of other 
     for-hire vehicles (including taxicabs), including any State 
     and local laws requiring those background checks; and
       (3) the safety steps taken by transportation network 
     companies and other for-hire vehicle services (including 
     taxicab companies) related to rider and driver safety.
       (b) Sexual Assault Defined.--In this section, the term 
     ``sexual assault'' means the occurrence of an act that 
     constitutes any nonconsensual sexual act proscribed by 
     Federal, Tribal, or State law, including when the victim 
     lacks capacity to consent.
                                 ______
                                 
  SA 6625. Mr. SCHUMER (for Mr. Wicker) proposed an amendment to the 
bill H.R. 1082, to study the incidence of fatal and non-fatal assaults 
in TNC and for-hire vehicles in order to enhance safety and save lives; 
as follows:


[[Page S10094]]


  

       Amend the title so as to read: ``An Act to study the 
     incidence of fatal and non-fatal assaults in TNC and for-hire 
     vehicles in order to enhance safety and save lives.''.
                                 ______
                                 
  SA 6626. Mr. SCHUMER (for Mr. Sullivan) proposed an amendment to the 
bill S. 4321, to amend the Save Our Seas 2.0 Act to improve the 
administration of the Marine Debris Foundation, to amend the Marine 
Debris Act to improve the administration of the Marine Debris Program 
of the National Oceanic and Atmospheric Administration, and for other 
purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Save Our Seas 2.0 Amendments 
     Act''.

     SEC. 2. MODIFICATIONS TO THE MARINE DEBRIS FOUNDATION.

       (a) Status of Foundation.--Section 111(a) of the Save Our 
     Seas 2.0 Act (33 U.S.C. 4211(a)) is amended, in the second 
     sentence, by striking ``organization'' and inserting 
     ``corporation''.
       (b) Board of Directors.--
       (1) Appointment, vacancies, and removal.--Section 112(b) of 
     such Act (33 U.S.C. 4212(b)) is amended--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A)--
       (i) by striking ``and considering'' and inserting 
     ``considering'';
       (ii) by inserting ``and with the approval of the Secretary 
     of Commerce,'' after ``by the Board,''; and
       (iii) by inserting ``and such other criteria as the Under 
     Secretary may establish'' after ``subsection (a)'';
       (B) in paragraph (3)(A), by inserting ``with the approval 
     of the Secretary of Commerce'' after ``the Board'';
       (C) in paragraph (5)--
       (i) by inserting ``the Administrator of the United States 
     Agency for International Development,'' after ``Service,''; 
     and
       (ii) by inserting ``and with the approval of the Secretary 
     of Commerce'' after ``EPA Administrator'';
       (D) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively; and
       (E) by inserting after paragraph (1) the following:
       ``(2) Recommendations of board regarding appointments.--For 
     appointments made under paragraph (1) other than the initial 
     appointments, the Board shall submit to the Under Secretary 
     recommendations on candidates for appointment.''.
       (2) General powers.--Section 112(g) of such Act (33 U.S.C. 
     4212(g)) is amended--
       (A) in paragraph (1)(A), by striking ``officers and 
     employees'' and inserting ``the initial officers and 
     employees of the Board''; and
       (B) in paragraph (2)(B)(i), by striking ``chief operating 
     officer'' and inserting ``chief executive officer''.
       (3) Chief executive officer.--Section 112 of such Act (33 
     U.S.C. 4212) is amended by adding at the end the following:
       ``(h) Chief Executive Officer.--
       ``(1) Appointment; removal; review.--The Board shall 
     appoint and may remove and review the performance of the 
     chief executive officer of the Board.
       ``(2) Powers.--The chief executive officer of the Board may 
     appoint, remove, and review the performance of any officer or 
     employee of the Foundation.''.
       (c) Powers of Foundation.--Section 113(c)(1) of such Act 
     (33 U.S.C. 4213(c)(1)) is amended, in the matter preceding 
     subparagraph (A)--
       (1) by inserting ``nonprofit'' before ``corporation''; and
       (2) by striking ``acting as a trustee'' and inserting 
     ``formed''.
       (d) Principal Office.--Section 113 of such Act (33 U.S.C. 
     4213) is amended by adding at the end the following:
       ``(g) Principal Office.--The Board may locate the principal 
     office of the Foundation outside the District of Columbia and 
     is encouraged to locate that office in a coastal State.''.
       (e) Best Practices.--Section 113 of such Act (33 U.S.C. 
     4213), as amended by subsection (d), is further amended by 
     adding at the end the following:
       ``(h) Best Practices.--
       ``(1) Tribal government.--In this paragraph, the term 
     `Tribal government' means the recognized governing body of 
     any Indian or Alaska Native tribe, band, nation, pueblo, 
     village, community, component band, or component reservation 
     individually identified (including parenthetically) in the 
     list published most recently as of the date of enactment of 
     the Save Our Seas 2.0 Amendments Act pursuant to section 104 
     of the Federally Recognized Indian Tribe List Act of 1994 (25 
     U.S.C. 5131).
       ``(2) Best practices.--The Foundation shall develop and 
     implement best practices for conducting outreach to Tribal 
     governments and Indian Tribes.
       ``(3) Requirements.--The best practices developed under 
     paragraph (2) shall--
       ``(A) include a process to support technical assistance and 
     capacity building to improve outcomes; and
       ``(B) promote an awareness of programs and grants available 
     under this Act.''.
       (f) Use of Funds.--Section 118 of such Act (33 U.S.C. 4218) 
     is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and State and local 
     government agencies'' and inserting ``, State and local 
     government agencies, United States and international 
     nongovernmental organizations, regional organizations, and 
     foreign government entities''; and
       (B) in paragraph (3)--
       (i) in the paragraph heading, by striking ``Prohibition'' 
     and inserting ``Limitation''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Salaries.--The Foundation may use Federal funds 
     described in subparagraph (A) to pay for salaries only during 
     the 24-month period beginning on the date of the enactment of 
     this Act. The Secretary shall not require reimbursement from 
     the Foundation for any such Federal funds used to pay for 
     such salaries.''; and
       (2) in subsection (b)(2), by striking ``and State and local 
     government agencies'' and inserting ``, State and local 
     government agencies, United States and international 
     nongovernmental organizations, regional organizations, and 
     foreign government entities''.

     SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM OF THE 
                   NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION.

       (a) Grants, Cooperative Agreements, Contracts, and Other 
     Agreements.--Section 3(d) of the Marine Debris Act (33 U.S.C. 
     1952(d)) is amended--
       (1) in the subsection heading, by striking ``and 
     Contracts'' and inserting ``Contracts, and Other 
     Agreements'';
       (2) in paragraph (1), by striking ``and contracts'' and 
     inserting ``, contracts, and other agreements'';
       (3) in paragraph (2)--
       (A) in subparagraph (B)--
       (i) by striking ``part of the'' and inserting ``part of 
     a''; and
       (ii) by inserting ``or (C)'' after ``subparagraph (A)''; 
     and
       (B) in subparagraph (C), in the matter preceding clause 
     (i), by inserting ``and except as provided in subparagraph 
     (B)'' after ``subparagraph (A)''; and
       (4) by adding at the end the following:
       ``(7) In-kind contributions.--With respect to any project 
     carried out pursuant to a contract or other agreement entered 
     into under paragraph (1) that is not a cooperative agreement 
     or an agreement to provide financial assistance in the form 
     of a grant, the Administrator may contribute on an in-kind 
     basis the portion of the costs of the project that the 
     Administrator determines represents the amount of benefit the 
     National Oceanic and Atmospheric Administration derives from 
     the project.''.
       (b) Receipt and Expenditure of Funds; Use of Resources.--
     Section 3 of the Marine Debris Act (33 U.S.C. 1952) is 
     amended by adding at the end the following:
       ``(e) Receipt and Expenditure of Funds.--In order to 
     accomplish the purpose set forth in section 2, the 
     Administrator, acting through the Program, may, only to the 
     extent provided in advance in appropriations Acts, receive 
     and expend funds made available by--
       ``(1) any department, agency, or instrumentality of the 
     United States;
       ``(2) any State, local, or tribal government (or any 
     political subdivision thereof);
       ``(3) any foreign government or international organization;
       ``(4) any public or private organization; or
       ``(5) any individual.
       ``(f) Use of Resources.--In order to accomplish the purpose 
     set forth in section 2, the Administrator, acting through the 
     Program, may use, with consent, with reimbursement, and 
     subject to the availability of appropriations, the land, 
     services, equipment, personnel, and facilities of--
       ``(1) any department, agency, or instrumentality of the 
     United States;
       ``(2) any State, local, or tribal government (or any 
     political subdivision thereof);
       ``(3) any foreign government or international organization;
       ``(4) any public or private organization; or
       ``(5) any individual.''.
                                 ______
                                 
  SA 6627. Mr. SCHUMER (for Mr. Manchin (for himself, Mr. Barrasso, and 
Mr. Risch)) proposed an amendment to the bill S. 3428, to require the 
Secretary of Energy to establish a Nuclear Fuel Security Program, 
expand the American Assured Fuel Supply Program, and submit a report on 
a civil nuclear credit program, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fission for the Future 
     Act''.

     SEC. 2. U.S. NUCLEAR FUELS SECURITY INITIATIVE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) 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
       (2) 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--

[[Page S10095]]

       (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 countries that 
     are allies or partners of the United States 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;
       (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 countries that are 
     allies or partners of the United States 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 countries that 
     are allies or partners of the United States 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) Associated entity.--The term ``associated entity'' 
     means an entity that--
       (A) is owned, controlled, or dominated by--
       (i) the government of a country that is an ally or partner 
     of the United States; or
       (ii) an associated individual; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, a country that is an ally or partner of 
     the United States, including a corporation that is 
     incorporated in such a country.
       (3) Associated individual.--The term ``associated 
     individual'' means an alien who is a national of a country 
     that is an ally or partner of the United States.
       (4) 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)).
       (5) Department.--The term ``Department'' means the 
     Department of Energy.
       (6) 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))).
       (7) 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))).
       (8) 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).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (10) 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 increase 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 countries that are 
     allies or partners of the United States 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--
       (A) shall--
       (i) 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, and deconversion capacity and 
     technologies, including new capacity, among U.S. nuclear 
     energy companies;
       (ii) 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;
       (iii) utilize only uranium produced, converted, enriched, 
     deconverted, and reduced in--

       (I) the United States; or
       (II) if domestic options are not practicable, a country 
     that is an ally or partner of the United States; and

       (iv) 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
       (B)(i) may not make commitments under this subsection 
     (including cooperative agreements (used in accordance with 
     section 6305 of title 31, United States Code), purchase 
     agreements, guarantees, leases, service contracts, or any 
     other type of commitment) for the purchase or other 
     acquisition of HALEU or LEU unless--
       (I) funds are specifically provided for those purposes in 
     advance in appropriations Acts enacted after the date of 
     enactment of this Act; or
       (II) the commitment is funded entirely by funds made 
     available to the Secretary from the account described in 
     subsection (i)(2)(B); and
       (ii) may make a commitment described in clause (i) only--
       (I) if the full extent of the anticipated costs stemming 
     from the commitment is recorded as an obligation at the time 
     that the commitment is made; and
       (II) to the extent of that up-front obligation recorded in 
     full at that time.
       (2) Considerations.--In carrying out paragraph (1)(A)(ii), 
     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 countries that are allies or 
     partners of the United States 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

[[Page S10096]]

     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 
     that is an ally or partner of the United States;
       (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--
       (i) uranium that has been declared excess to national 
     security needs during or prior to fiscal year 2022;
       (ii) uranium that--

       (I) directly meets the needs of advanced nuclear reactor 
     developers; but
       (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 
     (excluding stockpiles intended for national security needs), 
     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;
       (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) Limitations.--
       (A) Certain services.--The Secretary shall not barter or 
     otherwise sell or transfer uranium in any form in exchange 
     for services relating to--
       (i) 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
       (ii) environmental cleanup activities.
       (B) Certain commitments.--In carrying out activities under 
     this subsection, the Secretary--
       (i) may not make commitments under this subsection 
     (including cooperative agreements (used in accordance with 
     section 6305 of title 31, United States Code), purchase 
     agreements, guarantees, leases, service contracts, or any 
     other type of commitment) for the purchase or other 
     acquisition of HALEU or LEU unless--

       (I) funds are specifically provided for those purposes in 
     advance in appropriations Acts enacted after the date of 
     enactment of this Act; or
       (II) the commitment is funded entirely by funds made 
     available to the Secretary from the account described in 
     subsection (i)(2)(B); and

       (ii) may make a commitment described in clause (i) only--

       (I) if the full extent of the anticipated costs stemming 
     from the commitment is recorded as an obligation at the time 
     that the commitment is made; and
       (II) to the extent of that up-front obligation recorded in 
     full at that time.

       (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) 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 that is an ally or partner of the United 
     States by--

       (I) the government of that country;
       (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).
       (i) 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.--
       (A) In general.--Notwithstanding section 3302(b) of title 
     31, United States Code, revenues received by the Secretary 
     from the sale or transfer of fuel feed material acquired by 
     the Secretary pursuant to a contract entered into under 
     clause (i) or (ii) of subsection (e)(1)(A) shall--
       (i) be deposited in the account described in subparagraph 
     (B);
       (ii) be available to the Secretary for carrying out the 
     purposes of this section, to reduce the need for further 
     appropriations for those purposes; and
       (iii) remain available until expended.
       (B) Revolving fund.--There is established in the Treasury 
     an account into which the revenues described in subparagraph 
     (A) shall be--
       (i) deposited in accordance with clause (i) of that 
     subparagraph; and
       (ii) made available in accordance with clauses (ii) and 
     (iii) of that subparagraph.
       (j) 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.
       (k) USEC Privatization Act.--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.
       (l) National Security Needs.--The Secretary shall only make 
     available to a member of the consortium under this section 
     for commercial use or use in a demonstration project material 
     that the President has determined is not necessary for 
     national security needs, subject to the condition that the 
     material made available shall not include any material that 
     the Secretary determines to be necessary for the National 
     Nuclear Security Administration or any critical mission of 
     the Department.
       (m) International Agreements.--This section shall be 
     applied in a manner consistent with the obligations of the 
     United States under international agreements.

     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

[[Page S10097]]

     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.
                                 ______
                                 
  SA 6628. Mr. SCHUMER (for Mr. Manchin (for himself, Mr. Barrasso, and 
Mr. Risch)) proposed an amendment to the bill S. 3428, to require the 
Secretary of Energy to establish a Nuclear Fuel Security Program, 
expand the American Assured Fuel Supply Program, and submit a report on 
a civil nuclear credit program, and for other purposes; as follows:

       Amend the title so as to read: ``A bill to require the 
     Secretary of Energy to establish a Nuclear Fuel Security 
     Program, expand the American Assured Fuel Supply Program, and 
     submit a report on a civil nuclear credit program, and for 
     other purposes.''.
  Mr. MERKLEY. I suggest the absence of a quorum.
  The PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Ms. Rosen). Without objection, it is so 
ordered.

                          ____________________