[Congressional Record Volume 169, Number 125 (Thursday, July 20, 2023)]
[Senate]
[Pages S3487-S3490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 999. Mr. RISCH (for Mr. Barrasso (for himself, Mr. Manchin, and 
Mr. Risch)) submitted an amendment intended to be proposed by Mr. Risch 
to the bill S. 2226, to authorize appropriations for fiscal year 2024 
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:


[[Page S3488]]


  

       At the appropriate place in title XXXI, insert the 
     following:

     SEC. 31___. U.S. NUCLEAR FUEL SECURITY INITIATIVE.

       (a) Short Title.--This section may be cited as the 
     ``Nuclear Fuel Security Act of 2023''.
       (b) 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--
       (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.
       (c) 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, enriched, deconverted, and reduced 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.
       (d) 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 (e)(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 (e)(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.
       (e) Establishment and Expansion of Programs.--The 
     Secretary, consistent with the objectives described in 
     subsection (c), 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, enriched, deconverted, and reduced 
     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.
       (f) 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 diversity of supply in 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 (j)(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 were intended to be downblended for other 
     purposes, but were instead used in carrying out activities 
     under

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     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.
       (g) 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 (c);
       (B) 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;
       (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 (c).
       (h) 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 and forms 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 2023;
       (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 
     (excluding stockpiles intended for national security needs), 
     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 (e)(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 (e)(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 (j)(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.
       (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 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 (c).
       (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.--
       (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 (f)(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.
       (k) 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.
       (l) USEC Privatization Act.--The requirements of section 
     3112(d)(2) of the USEC Privatization Act (42 U.S.C. 2297h-
     10(d)(2)) shall

[[Page S3490]]

     not apply to activities related to the Programs.
       (m) 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 during or prior to fiscal year 2023, 
     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.
       (n) International Agreements.--This section shall be 
     applied in a manner consistent with the obligations of the 
     United States under international agreements.
       (o) Report on Civil Nuclear Credit Program.--Not later than 
     180 days after the date of enactment of this Act, the 
     Secretary 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.
       (p) Supply Chain Infrastructure and Workforce Capacity 
     Building.--
       (1) Supply chain infrastructure.--Section 10781(b)(1) of 
     Public Law 117-167 (commonly known as the ``CHIPS and Science 
     Act of 2022'') (42 U.S.C. 19351(b)(1)) is amended by striking 
     ``and demonstration of advanced nuclear reactors'' and 
     inserting ``demonstration, and deployment of advanced nuclear 
     reactors and associated supply chain infrastructure''.
       (2) Workforce capacity building.--Section 954(b) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16274(b)) is amended--
       (A) in the subsection heading, by striking ``Graduate'';
       (B) by striking ``graduate'' each place it appears;
       (C) in paragraph (2)(A), by inserting ``community colleges, 
     trade schools, registered apprenticeship programs, pre-
     apprenticeship programs,'' after ``universities,'';
       (D) in paragraph (3), by striking ``2021 through 2025'' and 
     inserting ``2023 through 2027'';
       (E) by redesignating paragraph (3) as paragraph (4); and
       (F) by inserting after paragraph (2) the following:
       ``(A) Focus areas.--In carrying out the subprogram under 
     this subsection, the Secretary may implement traineeships in 
     focus areas that, in the determination of the Secretary, are 
     necessary to support the nuclear energy sector in the United 
     States, including--
       ``(i) research and development;
       ``(ii) construction and operation;
       ``(iii) associated supply chains; and
       ``(iv) workforce training and retraining to support 
     transitioning workforces.''.
                                 ______