[Senate Report 118-52]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 124

118th Congress}                                           { Report
                                 SENATE
 1st Session  }                                           { 118-52

======================================================================
 
                       NUCLEAR FUEL SECURITY ACT

                                _______
                                

                 July 11, 2023.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 452]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 452), 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, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.

                               AMENDMENT

SEC. 4. AMENDMENTS TO THE USEC PRIVATIZATION ACT.

    (a) Prohibition on Imports.--Section 3112A of the USEC 
Privatization Act (42 U.S.C. 2297h-10a) is amended by adding at 
the end the following:
    ``(d) Prohibition on Imports of Low-enriched Uranium.--
          ``(1) Prohibition.--Beginning on the date that is 90 
        days after the date of the enactment of this 
        subsection, and subject to paragraphs (2) and (3), no 
        unirradiated low-enriched uranium that is produced in 
        the Russian Federation, or by a Russian entity, or 
        swapped with such unirradiated low-enriched uranium, 
        may be imported into the United States:
                  ``(A) Unirradiated low-enriched uranium that 
                is produced in the Russian Federation or by a 
                Russian entity.
                  ``(B) Unirradiated low-enriched uranium that 
                is determined to have been exchanged with, 
                swapped for, or otherwise obtained in lieu of 
                unirradiated low-enriched uranium described in 
                subparagraph (A) in a manner designed to 
                circumvent the restrictions under this section.
          ``(2) Waiver.--
                  ``(A) In general.--Subject to subparagraphs 
                (B) and (C), the Secretary of Energy, in 
                consultation with the Secretary of State and 
                the Secretary of Commerce, may waive the 
                application of paragraph (1) to authorize the 
                importation of low-enriched uranium described 
                in that paragraph if the Secretary of Energy 
                determines that--
                          ``(i) no alternative viable source of 
                        low-enriched uranium is available to 
                        sustain the continued operation of a 
                        nuclear reactor or a United States 
                        nuclear energy company; or
                          ``(ii) importation of low-enriched 
                        uranium that is produced in the Russian 
                        Federation or by a Russian entity is in 
                        the national interest.
                  ``(B) Limitation on amounts of imports of 
                low-enriched uranium.--
                          ``(i) In general.--The importation 
                        into the United States of low-enriched 
                        uranium, including low-enriched uranium 
                        obtained under contracts for separative 
                        work units, that is produced in the 
                        Russian Federation or by a Russian 
                        entity, whether or not such low-
                        enriched uranium is derived from highly 
                        enriched uranium of weapons origin, may 
                        not exceed--
                                  ``(I) in calendar year 2023, 
                                578,877 kilograms;
                                  ``(II) in calendar year 2024, 
                                476,536 kilograms;
                                  ``(III) in calendar year 
                                2025, 470,376 kilograms;
                                  ``(IV) in calendar year 2026, 
                                464,183 kilograms; and
                                  ``(V) in calendar year 2027, 
                                459,083 kilograms.
                          ``(ii) Administration.--The Secretary 
                        of Commerce shall--
                                  ``(I) administer the import 
                                limitations described in clause 
                                (i) in accordance with the 
                                provisions of the Suspension 
                                Agreement, including the 
                                provisions described in 
                                subsection (c)(2)(B)(i);
                                  ``(II) be responsible for 
                                enforcing the import 
                                limitations described in clause 
                                (i); and
                                  ``(III) enforce the import 
                                limitations described in clause 
                                (i) in a manner that imposes a 
                                minimal burden on the 
                                commercial nuclear industry.
                  ``(C) Termination.--Any waiver issued under 
                subparagraph (A) shall terminate not later than 
                January 1, 2028.
                  ``(D) Notification to Congress.--
                          ``(i) In general.--Upon issuing a 
                        waiver under subparagraph (A), the 
                        Secretary of Energy shall submit to the 
                        committees specified in clause (ii) a 
                        notification that a waiver has been 
                        issued, which shall include 
                        identification of the recipient of the 
                        waiver.
                          ``(ii) Committees specified.--The 
                        committees specified in this clause 
                        are--
                                  ``(I) the Committee on Energy 
                                and Natural Resources and the 
                                Committee on Finance of the 
                                Senate; and
                                  ``(II) the Committee on 
                                Energy and Commerce and the 
                                Committee on Ways and Means of 
                                the House of Representatives.
          ``(3) Applicability.--This subsection does not apply 
        to imports--
                  ``(A) by or under contract to the Department 
                of Energy for national security or 
                nonproliferation purposes; or
                  ``(B) of non-uranium isotopes.
          ``(4) Termination.--The provisions of this subsection 
        shall terminate on December 31, 2040.
          ``(5) Russian entity defined.--In this subsection, 
        the term `Russian entity' means an entity organized 
        under the laws of or otherwise subject to the 
        jurisdiction of the Government of the Russian 
        Federation.''.
    (b) Conforming Amendments.--
          (1) In general.--Section 3112A(c) of the USEC 
        Privatization Act (42 U.S.C. 2297h-10a(c)) is amended--
                  (A) in paragraph (2)--
                          (i) in subparagraph (A)--
                                  (I) in clause (viii), by 
                                inserting ``and'' after the 
                                semicolon at the end;
                                  (II) in clause (ix), by 
                                striking the semicolon and 
                                inserting a period; and
                                  (III) by striking clauses (x) 
                                through (xxvii); and
                          (ii) in subparagraph (C)(i), by 
                        striking ``paragraph (10)'' and 
                        inserting ``paragraph (9)'';
                  (B) in paragraph (3), by striking ``United 
                States'' and all that follows through ``for 
                processing'' and inserting ``United States for 
                processing'';
                  (C) by striking paragraph (5);
                  (D) by redesignating paragraphs (6) through 
                (12) as paragraphs (5) through (11), 
                respectively;
                  (E) in paragraph (5), as redesignated by 
                subparagraph (D), by striking ``In addition to 
                the adjustment under paragraph (5)(A), the'' 
                and inserting ``The'';
                  (F) in subparagraph (A) of paragraph (7), as 
                so redesignated, by striking ``paragraph (10)'' 
                and inserting ``paragraph (9)'';
                  (G) in paragraph (8), as so redesignated, by 
                striking ``December 31, 2040'' and inserting 
                ``the date described in subsection (d)(1)''; 
                and
                  (H) in subparagraph (A) of paragraph (9), as 
                so redesignated, by striking ``paragraphs 
                (2)(C) and (8)'' and inserting ``paragraphs 
                (2)(C) and (7)''.
          (2) Effective date.--The amendment to section 
        3112A(c)(2)(A)(x) of the USEC Privatization Act (42 
        U.S.C. 2297h-10a(c)(2)(A)(x)) made by paragraph (1)(A) 
        of this subsection shall take effect on the date that 
        is 90 days after the date of the enactment of this Act.

SECTION 5. SUPPLY CHAIN INFRASTRUCTURE AND WORKFORCE CAPACITY BUILDING.

    (a) Section 10781 of the Chips and Science Act (42 U.S.C. 
19351) is amended in subsection (b)(1) by striking ``and 
demonstration of advanced nuclear reactors'' and inserting 
``demonstration, and deployment of advanced nuclear reactors 
and associated supply chain infrastructure.''
    (b) Section 954(b) of the Energy Policy Act of 2005 (42 
U.S.C. 16274(b)) is amended--
          (1) in the subsection heading, by striking 
        ``Graduate'';
          (2) by striking ``graduate'' each place it appears;
          (3) in paragraph (2)(A), by inserting ``community 
        colleges, trade schools, registered apprenticeship 
        programs, pre-apprenticeship programs,'' after 
        ``universities,'';
          (4) in paragraph (3), by striking ``2021 through 
        2025'' and inserting ``2023 through 2027'';
          (5) by redesignating paragraph (3) as paragraph (4); 
        and
          (6) by inserting after paragraph (2) the following:
          ``(3) 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--
                  ``(A) research and development;
                  ``(B) construction and operation;
                  ``(C) associated supply chains; and
                  ``(D) workforce training and retraining to 
                support transitioning workforces.''.

                                Purpose

    The purposes of S. 452, as ordered reported, are to 
establish a Nuclear Fuel Security Program, expand the American 
Assured Fuel Supply Program, establish a HALEU (high-assay, 
low-enriched uranium) for Advanced Nuclear Reactor 
Demonstration Projects Program, require the Secretary of Energy 
to submit a report on a civil nuclear credit program, prohibit 
importation of low-enriched uranium from Russia, expand the 
Advanced Nuclear Technologies Program to include supply chains 
associated with advanced nuclear reactors, strengthen nuclear 
energy workforce training programs.

                          Background and Need

    The United States currently requires a domestic nuclear 
fuel supply chain sufficient to meet the needs of existing and 
advanced reactors. In 2021, Russia accounted for 28 percent of 
the enriched uranium used in U.S. reactors. The world 
collectively relies on Russia for one-third of its uranium 
conversion and half of its enrichment needs. As a result of 
Russia's efforts to flood the market and undermine Western 
nuclear fuel suppliers, domestic uranium production services 
are at their lowest levels in decades. America's only uranium 
conversion facility is currently shut down. The only domestic 
enrichment facility is operating at reduced capacity. Russia is 
the only commercial supplier of HALEU for advanced reactors. 
The Russian invasion of Ukraine has heightened the need for an 
alternative to Russian uranium supply. While Russian uranium 
imports into the United States have yet to be banned, America's 
advanced reactor developers have committed not to use Russian-
produced HALEU. Unless the Department of Energy supplies 
advanced reactor demonstration projects with HALEU before 
domestically enriched HALEU is available, several demonstration 
projects may be delayed. Additionally, the Department must 
partner with domestic nuclear fuel suppliers to expand low-
enriched uranium (LEU) production capacity to avoid a supply 
disruption to existing nuclear reactors when Russian uranium 
imports are terminated.
    S. 452 would establish a nuclear fuel program to increase 
domestic production of LEU and HALEU to ensure that a 
disruption in Russian uranium supply would not negatively 
impact the operation of existing nuclear reactors or advanced 
reactor demonstrations. S. 452 would also provide domestic 
nuclear fuel suppliers with the market certainty they need to 
justify investments in expanded capacity by prohibiting Russian 
uranium imports into the United States. The Department would be 
authorized to issue waivers to this prohibition if no viable 
alternative source of uranium is available or in the interest 
of national security or national interest, through the calendar 
year 2027. S. 452 would also strengthen the nuclear supply 
chain infrastructure and workforce capacity building.

                          Legislative History

    S. 452 was introduced by Senators Manchin, Barrasso, Risch, 
on February 15, 2023. Senators Warner and Coons were 
subsequently added as cosponsors.
    On May 17, 2023, the Committee ordered S. 452 favorably 
reported with an amendment containing text similar to S. 763, 
the Reduce Russian Uranium Imports Act. S. 763 was introduced 
by Senators Barrasso, Manchin, Risch, Heinrich, Lummis, Coons, 
and Marshall, on March 9, 2023.
    The Committee and the Senate considered legislation similar 
to S. 452, as introduced, and S. 763 during the 117th Congress. 
Legislation similar to S. 452, as introduced, was proposed as 
Senate Amendment 6627, an amendment in the nature of a 
substitute to S. 3428, the Fission for the Future Act, in the 
117th Congress by Senator Schumer for Senator Manchin (for 
himself and Senators Barrasso and Risch) on December 22, 2022. 
S. 3428, a bill to establish a financial assistance program for 
advanced nuclear reactors and their associated supply chains, 
was introduced by Senators Manchin and Barrasso on December 16, 
2021. The Committee held a hearing on S. 3428 on March 1, 2022. 
The contents of this bill were included in H.R. 4346, the CHIPS 
and Science Act, as enacted on August 9, 2022. The Committee 
was discharged from further consideration of S. 3428, Amendment 
6627 was agreed to, and S. 3428, as amended, was passed by 
voice vote, by the Senate, on December 22, 2022. The House took 
no action on S. 3428.
    Earlier in the 117th Congress, legislation similar to 
Amendment 6627 was included as section 8103 of Amendment 5499, 
an amendment in the nature of a substitute to H.R. 7900, the 
National Defense Authorization Act for Fiscal Year 2023. The 
provision was not included in the National Defense 
Authorization Act for Fiscal Year 2023 as enacted. In addition, 
S. 4066, the Fueling Our Nuclear Future Act of 2022, also 
contained legislation similar to Amendment 6627. S. 4066 was 
introduced by Senator Barrasso on April 7, 2022. The Committee 
held a hearing on S. 4066 on July 28, 2022, but took no further 
action on the bill.
    Legislation similar to S. 763, the Reduce Russian Uranium 
Imports Act, was also considered during the 117th Congress. S. 
3856, a bill to prohibit the importation of uranium from the 
Russian Federation, was introduced in the 117th Congress by 
Senators Barrasso, Lummis, Marshall, and Cramer. The Committee 
held a hearing on S. 3856 on July 28, 2022, but took no further 
action on the bill.
    In addition, section 5(b), proposed to be added to S. 452 
by the Committee amendment, to enhance nuclear energy workforce 
training, is similar to section 3 of S. 3428, as introduced in 
the 117th Congress, by Senators Manchin and Barrasso on 
December 16, 2021.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 17, 2023, by a voice vote of a 
quorum present, recommends that the Senate pass S. 452, if 
amended as described herein.

                          Committee Amendment

    During the consideration of S. 452, the Committee adopted 
an amendment to add sections 4 and 5 to the bill. Section 4 
amends section 3112 of the USEC Privatization Act to prohibit 
the importation into the U.S. of unirradiated LEU that is 
produced in the Russian Federation or by a Russian entity, and 
allows for a waiver if no viable alternative supply of LEU is 
available or if a waiver is in the national interest. Section 
5(a) amends the CHIPS and Science Act of 2022 to expand the 
Department of Energy's authority to provide technical 
assistance for nuclear supply chain infrastructure. Section 
5(b) amends section 954(b) of the Energy Policy Act of 2005 to 
improve the Department of Energy's nuclear traineeship program 
to strengthen workforce capacity building and retraining.

                      Section-by-Section Analysis


Section 1. Short title

    Provides the short title of the bill, the ``Nuclear Fuel 
Security Act of 2023.''

Section 2. U.S. Nuclear Fuel Security initiative

    Subsection (a) provides a sense of Congress that the 
Department of Energy should prioritize activities to increase 
domestic production of LEU and accelerate efforts to establish 
a domestic high-assay, low-enriched uranium (HALEU) enrichment 
capability. It further states that if a domestic HALEU 
enrichment capability will not be available in time to meet the 
needs of advanced nuclear reactor demonstration projects, the 
Department of Energy shall consider and implement, as 
necessary, all viable options to make HALEU available from 
inventories owned by the Department, until such time as 
commercial enrichment is available.
    Subsection (b) provides the objectives of this section, 
including: to increase domestic production of LEU for existing 
reactors and HALEU for advanced reactors; to ensure the 
availability of domestically produced uranium sufficient to 
address a supply disruption; to address gaps and deficiencies 
in the domestic uranium supply chain; to ensure a backup supply 
of uranium to support nonproliferation and civil nuclear 
objectives of the Department; to support uranium supply chain 
technology deployed in the U.S.; and to ensure the Department 
considers and implements all viable options necessary to ensure 
HALEU availability until such time as the needs and schedules 
of advanced nuclear reactor developers can be met with 
commercially produced HALEU.
    Subsection (c) provides the definitions used in this 
section.
    Subsection (d) directs the Secretary of Energy (Secretary) 
to establish a Nuclear Fuel Security program to increase 
domestic production of LEU and HALEU. It directs the Secretary 
to expand the American Assured Fuel Supply program to ensure 
the availability of uranium in the event of a supply 
disruption. The subsection also directs the Secretary to 
establish a HALEU for Advanced Nuclear Reactor Demonstration 
Projects program to ensure HALEU availability, from inventories 
owned by the Department, until such time as the needs and 
schedules of advanced nuclear reactor developers can be met 
with commercially produced HALEU.
    Subsection (e) directs the Secretary to enter into 2 or 
more contracts each to begin acquiring not less than 100 metric 
tons per year of LEU by December 31, 2026 and not less than 20 
metric tons per year of HALEU by December 31, 2027, utilizing 
domestic supply chains to the maximum extent practicable. The 
subsection limits the Secretary's ability to make commitments 
to acquire LEU or HALEU unless funds are available for those 
purposes. It further directs the Secretary to consider and 
implement options to ensure the quickest availability of 
commercially enriched HALEU and options to replenish Department 
stockpiles of uranium used as part of the HALEU for Advanced 
Nuclear Reactor Demonstration Projects program. The subsection 
directs the Secretary to avoid market disruptions or completion 
with U.S. nuclear energy companies in carrying out the Nuclear 
Fuel Security program.
    Subsection (f) directs the Secretary, in consultation with 
U.S. nuclear energy companies, to expand the American Assured 
Fuel Supply program by merging it with the operations of the 
Department's Uranium Reserve program and maintaining, 
replenishing, diversifying, and increasing the quantity of 
uranium made available by the program, utilizing domestically 
produced, converted, enriched, deconverted, and reduced uranium 
to the maximum extent practicable. It requires the Secretary to 
maintain a reserve in the event of a supply disruption.
    Subsection (g) directs the Secretary to accelerate, and as 
necessary initiate, activities to make available HALEU from 
inventories owned by the Department for use in advanced 
reactors that cannot operate on uranium with lower enrichment 
levels or alternate fuels. It gives priority to the Advanced 
Reactor Demonstration Projects, with additional HALEU to be 
made available to other advanced reactor developers as the 
Secretary determines to be appropriate. The subsection provides 
the quantities and dates for which the Secretary shall make 
HALEU available and lists the factors the Secretary shall 
consider in carrying out this program. The subsection prohibits 
uranium bartering as a method to pay for the Department's 
radioactive waste disposition and environmental cleanup 
activities. The subsection limits the Secretary's ability to 
make commitments to acquire LEU or HALEU unless funds are 
available for those purposes. The HALEU for Advanced Reactor 
Demonstrations Projects program sunsets when the needs of 
advanced reactor developers can be fully met by domestic 
commercial HALEU suppliers.
    Subsection (h) directs the Secretary to execute the 
programs authorized in this section in a manner that promotes 
domestic manufacturing and maximizes utilization of domestic 
resources.
    Subsection (i) directs the Secretary to ensure that any LEU 
or HALEU made available as a result of the programs authorized 
in this section are subject to reasonable compensation, taking 
into account fair market value and the purposes of this 
section. It also creates a revolving fund to minimize the need 
for additional appropriations.
    Subsection (j) directs the Nuclear Regulatory Commission to 
prioritize and expedite consideration of any action related to 
the programs authorized in this section.
    Subsection (k) provides that section 3112(d)(2) of the USEC 
Privatization Act does not apply to the programs authorized in 
this section.
    Subsection (1) prohibits the use of uranium deemed 
necessary for national security applications as part of the 
programs authorized by this section.
    Subsection (m) requires that this section be carried out in 
a manner consistent with the obligations of the U.S. under 
international agreements.
    Subsection (n) authorizes $3,500,000,000 for fiscal year 
2023 to carry out this section, to remain available until 
September 30, 2032, of which the Secretary may use up to 
$1,000,000,000 by September 30, 2028, to carry out the HALEU 
for Advanced Nuclear Reactor Demonstration Projects program.

Section 3. Report on civil nuclear credit program

    This section requires the Secretary of Energy to submit a 
report to Congress on 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).

Section 4. Amendments to the USEC Privatization Act

    This section prohibits the importation of Russian uranium 
into the United States 90 days after enactment, prevents 
circumvention of the prohibition through uranium swaps, and 
allows waivers in the event of fuel unavailability or national 
security concerns.

Section 5. Supply chain infrastructure and workforce capacity building

    Subsection (a) amends section 10781 of the CHIPS and 
Science Act of 2022 to expand the Department of Energy's 
authority to provide technical assistance to state, local 
communities and other eligible entities for advanced nuclear 
reactors to include associated nuclear supply chain 
infrastructure.
    Subsection (b) amends section 954(b) of the Energy Policy 
Act of 2005 to improve Department's nuclear traineeship program 
to enhance workforce capacity building and retraining and 
extends authorization of appropriations through 2027.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 452, 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 452. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 452, as ordered reported.

                   Congressionally Directed Spending

    S. 452, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of Energy at the 
March 9, 2023, Committee hearing to examine the nuclear fuel 
cycle follows:

Testimony of Dr. Kathryn Huff, Assistant Secretary for Nuclear Energy, 
                       U.S. Department of Energy

    The Russian Federation's brutal invasion of Ukraine has 
demonstrated the grave threat to global energy security posed 
by dependence on Russian-supplied fuels. This is also the case 
in the nuclear area. Russia, the largest global enricher of 
uranium, currently supplies a significant portion of the 
nuclear fuel supply chain to the United States and our 
international allies and partners. In particular, conversion 
and enrichment services from trusted sources are insufficient 
to replace current U.S. imports from Russia. Without expansion 
of the domestic and international allies' and partners' fuel 
cycle capacity, the United States cannot reliably make 
sufficient low enriched uranium (LEU) or high-assay LEU (HALEU) 
available to support the needs of today's power reactor fleet, 
advanced reactors, research reactors, and medical isotope 
production facilities. This strategic vulnerability is 
unsustainable.
    In addition, Russia's military attacks on and subsequent 
seizure of Ukraine's Zaporizhzhya Nuclear Power Plant (ZNPP) 
and the associated heightened risks of a nuclear incident 
underscore the nuclear safety, security, and nonproliferation 
concerns of doing business with Russia in the nuclear energy 
area.
    The Department is working to address these energy security 
challenges in the face of ongoing global events. As noted, the 
United States currently purchases a significant amount of 
enriched uranium from Russia. We cannot continue to infuse the 
Russian state with this source of income and must begin to 
reduce and ultimately eliminate U.S. reliance on Russia in the 
nuclear energy area, especially as it irresponsibly engages in 
strikes that disregard nuclear safety and security and a 
nuclear incident in Ukraine.
    I want to thank this Committee for its leadership in the 
development of proposed legislation aimed at tackling this 
critically important issue facing our nation and the world. As 
you know, there is no quick, easy path to reduce our dependence 
on Russian-supplied fuels. Expanding our domestic fuel capacity 
will require strategic investments coupled with import 
restrictions that protect those investments well into the 
future. We must act swiftly to support domestic enrichment 
capabilities and prepare our industry for this transition. The 
Department welcomes the opportunity to work with Congress to 
address this national security vulnerability.
    The testimony provided by the Department of Energy at the 
July 28, 2022, Committee hearing on S. 3856 and S. 4066 
follows:

Testimony of Dr. Kathryn Huff, Assistant Secretary for Nuclear Energy, 
                       U.S. Department of Energy


s. 3856--a bill to prohibit the importation of uranium from the russian 
                      federation (barrasso et al.)


    S. 3856, a bill to prohibit the importation of uranium from 
the Russian Federation, bans the import of uranium from the 
Russian Federation.
    American dependence on Russian uranium threatens our energy 
security. Energy security is national security and 
untrustworthy state-sponsored programs have no place in our 
energy policy. However, any uranium ban from the Russian 
Federation must be accompanied by strategic investments that 
strengthen our domestic nuclear fuel supply chain.
    While a ban coupled with long-term assurances would provide 
long-term predictability that would de-risk investments in the 
domestic nuclear fuel supply chain, our nation's current 
nuclear power operators will need some time to wean themselves 
off this Russian supply. In the Presidential Proclamation that 
prohibits Russian-affiliated vessels from entering into U.S. 
ports, the Department was provided a method to exempt Russian-
affiliated vessels transporting source, special nuclear, and 
by-product material, for such time, as the Secretary of Energy, 
in consultation with the Secretary of State and the Secretary 
of Commerce, determines that no viable source of supply is 
available that would not require transport on Russian-
affiliated vessels. A similar exception to a ban on uranium and 
fuel services from the Russian Federation would be needed while 
new capacity is developed to ensure our nuclear power plants 
continue to generate carbon-free electricity.


 s. 4066--fueling our nuclear future act of 2022 (barrasso haleu bill)


    S. 4066, the Fueling our Nuclear Future Act, would direct 
the Department of Energy to establish a program to accelerate 
the availability of commercially produced HALEU in the United 
States. It would also direct DOE to make HALEU available from 
our inventories for advanced reactors until U.S. commercial 
enrichment is available.
    DOE is supporting the development of two advanced reactor 
demonstrations that will require HALEU fuel. These Advanced 
Reactor Demonstration Program awardees have aggressive 
timelines for deployment. At DOE, we are working diligently to 
meet awardees' HALEU needs, which may be as early as 2025 for 
reactors that may go online as early as 2028.
    The Department shares the Committee's concern about HALEU 
availability, and it is a topic that DOE's Office of Nuclear 
Energy (NE) is actively addressing, in coordination with the 
Environmental Management program and the National Nuclear 
Security Administration (NNSA), given the importance to our 
domestic industry and national security.
    Prior to Russia's further invasion of Ukraine, the 
Department was already working to address HALEU needs for 
commercial deployment and uranium needs for its other missions. 
However, given global events, a new and more urgent path is 
needed. The Department recently issued a request for proposal 
for a competitively awarded cost share procurement to complete 
construction and operate the centrifuge cascade at Piketon, 
Ohio, with options to continue to operate the cascade subject 
to appropriations.
    The President's Fiscal Year 2023 budget request proposes to 
make available small quantities of HALEU from limited DOE 
inventories and support the private sector in establishing a 
limited U.S. commercial HALEU production and supply chain 
capability. The Department's highest priority for its enriched 
uranium inventories has been and will remain NNSA's national 
security missions. The Department will ensure that any material 
provided will not impinge on those missions.
    This includes the recovery and down-blending of material 
stored at Y-12 and Savannah River in a cost share program 
between NE and NNSA and producing HALEU material in the 2025-
2026 timeframe. It would also support completing construction 
of the enrichment demonstration facility in Piketon, Ohio, and 
continued operation of the centrifuge cascade at Piketon, Ohio, 
to produce 900kg HALEU per year, enriched to a nominal 19.75% 
U-235.
    The Department is concerned that the bill would eliminate 
consideration of potential harm to the natural or cultural 
resources of Tribal communities or sovereign Native Nations. I 
look forward to working together with you toward investments 
that secure our supplies of low enriched uranium (LEU), 
including HALEU, in a just and equitable manner.

    The testimony provided by the Department of Energy at the 
March 1, 2022, Committee hearing on S. 3428 follows:

 Testimony of Dr. Geraldine Richmond, Under Secretary for Science and 
                 Innovation, U.S. Department of Energy


                                s. 3428


    Bill number S. 3428, to be referred to as the Fission for 
the Future Act of 2022, supports the deployment of next 
generation advanced nuclear energy technologies by establishing 
a program at DOE that would provide additional Federal 
assistance for such efforts. Specifically, the bill prioritizes 
helping communities with retired or retiring fossil fuel 
generation facilities transition to a clean energy future using 
nuclear energy technology. This future includes non-electric 
applications for nuclear energy such as heating, hydrogen 
production, industrial processes, desalination, and isotope 
production. Furthermore, the support for fossil communities, 
Tribes, and institutions of higher education and workforce 
development in this bill is consistent with the Department's 
equity and justice considerations.
    DOE currently supports efforts to deploy next generation 
advanced nuclear energy technology by leveraging retiring 
energy generation assets. For example, TerraPower recently 
announced siting of a Natrium reactor at a retiring coal plant 
in Wyoming. TerraPower has a cooperative agreement with DOE--
specifically in the Office of Nuclear Energy's (NE) Advanced 
Reactor Demonstration Program--to advance this project. The 
partnership includes private sector companies, universities, 
and National Laboratories. This project is a great example of 
what successful public-private partnerships can achieve in 
advancing energy solutions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 452, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                         USEC PRIVATIZATION ACT

                           Public Law 104-134


  AN ACT Making appropriations for fiscal year 1996 to make a further 
downpayment toward a balanced budget, and for other purposes.

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                   TITLE III--RESCISSIONS AND OFFSETS

                CHAPTER 1--ENERGY AND WATER DEVELOPMENT


Subchapter A--United States Enrichment Corporation Privatization

           *       *       *       *       *       *       *



SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF HIGHLY ENRICHED 
                    URANIUM BY THE RUSSIAN FEDERATION.

           *       *       *       *       *       *       *


    (c) Promotion of Downblending of Russian Highly Enriched 
Uranium.--

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          (2) Incentives to continue downblending russian 
        highly enriched uranium after the completion of the 
        russian heu agreement.--
                  (A) In general.--After the completion of the 
                Russian HEU Agreement, the importation into the 
                United States of low-enriched uranium, 
                including low-enriched uranium obtained under 
                contracts for separative work units, that is 
                produced in the Russian Federation, whether or 
                not such low-enriched uranium is derived from 
                highly enriched uranium of weapons origin, may 
                not exceed--
                          (i) in calendar year 2014, 485,279 
                        kilograms;
                          (ii) in calendar year 2015, 455,142 
                        kilograms;
                          (iii) in calendar year 2016, 480,146 
                        kilograms;
                          (iv) in calendar year 2017, 490,710 
                        kilograms;
                          (v) in calendar year 2018, 492,731 
                        kilograms;
                          (vi) in calendar year 2019, 509,058 
                        kilograms;
                          (vii) in calendar year 2020, 514,754 
                        kilograms;
                          (viii) in calendar year 2021, 596,682 
                        kilograms; and
                          (ix) in calendar year 2022, 489,617 
                        kilograms[;] .
                          [(x) in calendar year 2023, 578,877 
                        kilograms;
                          (xi) in calendar year 2024, 476,536 
                        kilograms;
                          (xii) in calendar year 2025, 470,376 
                        kilograms;
                          (xiii) in calendar year 2026, 464,183 
                        kilograms;
                          (xiv) in calendar year 2027, 459,083 
                        kilograms;
                          (xv) in calendar year 2028, 344,312 
                        kilograms;
                          (xvi) in calendar year 2029, 340,114 
                        kilograms;
                          (xvii) in calendar year 2030, 332,141 
                        kilograms;
                          (xviii) in calendar year 2031, 
                        328,862 kilograms;
                          (xix) in calendar year 2032, 322,255 
                        kilograms;
                          (xx) in calendar year 2033, 317,536 
                        kilograms;
                          (xxi) in calendar year 2034, 298,088 
                        kilograms;
                          (xxii) in calendar year 2035, 294,511 
                        kilograms;
                          (xxiii) in calendar year 2036, 
                        286,066 kilograms;
                          (xxiv) in calendar year 2037, 281,272 
                        kilograms;
                          (xxv) in calendar year 2038, 277,124 
                        kilograms;
                          (xxvi) in calendar year 2039, 277,124 
                        kilograms; and
                          (xxvii) in calendar year 2040, 
                        267,685 kilograms.]

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                  (C) Additional imports in exchange for a 
                commitment to downblend an additional 300 
                metric tons of highly enriched uranium.--
                          (i) In general.--In addition to the 
                        amount authorized to be imported under 
                        subparagraph (A) and except as provided 
                        in clause (ii), if the Russian 
                        Federation enters into a bilateral 
                        agreement with the United States under 
                        which the Russian Federation agrees to 
                        downblend an additional 300 metric tons 
                        of highly enriched uranium after the 
                        completion of the Russian HEU 
                        Agreement, 4 kilograms of low-enriched 
                        uranium, whether or not such low-
                        enriched uranium is derived from highly 
                        enriched uranium of weapons origin and 
                        including low-enriched uranium obtained 
                        under contracts for separative work 
                        units, may be imported in a calendar 
                        year for every 1 kilogram of Russian 
                        highly enriched uranium of weapons 
                        origin that was downblended in the 
                        preceding calendar year, subject to the 
                        verification of the Secretary of Energy 
                        under [paragraph (10)] paragraph (9).

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          (3) Exceptions.--The import limitations described in 
        paragraphs (1) and (2) shall not apply to low-enriched 
        uranium produced in the Russian Federation that is 
        imported into the [United States--
                  (A) for use in the initial core of a new 
                nuclear reactor; or
                  (B) for processing] United States for 
                processing and to be certified for 
                reexportation and not for consumption in the 
                United States.

           *       *       *       *       *       *       *

          [(5) Adjustments to import limitations.--
                  [(A) In general.--The import limitations 
                described in paragraph (2)(A) are based on the 
                lower scenario data in the report of the World 
                Nuclear Association entitled ``The Nuclear Fuel 
                Report: Global Scenarios for Demand and Supply 
                Availability 2019-2040''. In each of calendar 
                years 2023, 2029, and 2035, the Secretary of 
                Commerce shall review the projected demand for 
                uranium for nuclear reactors in the United 
                States and adjust the import limitations 
                described in paragraph (2)(A) to account for 
                changes in such demand in years after the year 
                in which that report or a subsequent report is 
                published.
                  [(B) Report required.--Not later than one 
                year after December 27, 2020, and every 3 years 
                thereafter, the Secretary shall submit to 
                Congress a report that includes--
                          [(i) a recommendation on the use of 
                        all publicly available data to ensure 
                        accurate forecasting by scenario data 
                        to comport to actual demand for low-
                        enriched uranium for nuclear reactors 
                        in the United States; and
                          (ii) an identification of the steps 
                        to be taken to adjust the import 
                        limitations described in paragraph 
                        (2)(A) based on the most accurate 
                        scenario data.
                  [(C) Incentive adjustment.--Beginning in the 
                second calendar year after the calendar year of 
                the completion of the Russian HEU Agreement, 
                the Secretary of Energy shall increase or 
                decrease the amount of low-enriched uranium 
                that may be imported in a calendar year under 
                paragraph (2)(C) (including the amount of low-
                enriched uranium that may be imported for each 
                kilogram of highly enriched uranium downblended 
                under paragraph (2)(C)(i)) by a percentage 
                equal to the percentage increase or decrease, 
                as the case may be, in the average amount of 
                uranium loaded into nuclear power reactors in 
                the United States in the most recent 3-
                calendar-year period for which data are 
                available, as reported by the Energy 
                Information Administration of the Department of 
                Energy, compared to the average amount of 
                uranium loaded into such reactors during the 3-
                calendar-year period beginning on January 1, 
                2011, as reported by the Energy Information 
                Administration.
                  [(D) Publication of adjustments.--As soon as 
                practicable, but not later than July 31 of each 
                calendar year, the Secretary of Energy shall 
                publish in the Federal Register the amount of 
                low-enriched uranium that may be imported in 
                the current calendar year after the adjustments 
                under subparagraph (C).]
                          [(6)] (5) Authority for additional 
                        adjustment.--[In addition to the 
                        adjustment under paragraph (5)(A), the] 
                        The Secretary of Commerce may adjust 
                        the import limitations under paragraph 
                        (2)(A) for a calendar year if the 
                        Secretary--
                  (A) in consultation with the Secretary of 
                Energy, determines that the available supply of 
                low-enriched uranium and the available 
                stockpiles of uranium of the Department of 
                Energy are insufficient to meet demand in the 
                United States in the following calendar year; 
                and
                  (B) notifies Congress of the adjustment not 
                less than 45 days before making the adjustment.
                          [(7)] (6) Equivalent quantities of 
                        low-enriched uranium imports.--
                  (A) In general.--The import limitations 
                described in paragraphs (1) and (2) are 
                expressed in terms of uranium containing 4.4 
                percent uranium-235 and a tails assay of 0.3 
                percent.
                  (B) Adjustment for other uranium.--Imports of 
                low-enriched uranium under paragraphs (1) and 
                (2), including low-enriched uranium obtained 
                under contracts for separative work units, 
                shall count against the import limitations 
                described in such paragraphs in amounts 
                calculated as the quantity of low-enriched 
                uranium containing 4.4 percent uranium-235 
                necessary to equal the total amount of uranium-
                235 contained in such imports.
                          [(8)] (7) Downblending of other 
                        highly enriched uranium.--
                  (A) In general.--The downblending of highly 
                enriched uranium not of weapons origin may be 
                counted for purposes of paragraph (2)(C), 
                subject to verification under [paragraph (10)] 
                paragraph 9, if the Secretary of Energy 
                determines that the highly enriched uranium to 
                be downblended poses a risk to the national 
                security of the United States.
                  (B) Equivalent quantities of highly enriched 
                uranium.--For purposes of determining the 
                additional low-enriched uranium imports allowed 
                under paragraph (2)(C), highly enriched uranium 
                not of weapons origin downblended pursuant to 
                subparagraph (A) shall count as downblended 
                highly enriched uranium of weapons origin in 
                amounts calculated as the quantity of highly 
                enriched uranium containing 90 percent uranium-
                235 necessary to equal the total amount of 
                uranium-235 contained in the highly enriched 
                uranium not of weapons origin downblended 
                pursuant to subparagraph (A).
          [(9)] (8) Termination of import restrictions.--The 
        provisions of this subsection shall terminate on 
        [December 31, 2040] the date described in subsection 
        (d)(1).
          [(10)] (9) Technical verifications by secretary of 
        energy.--
                  (A) In general.--The Secretary of Energy 
                shall verify the origin, quantity, and uranium-
                235 content of the highly enriched uranium 
                downblended for purposes of [paragraphs (2)(C) 
                and (8)] paragraphs (2)(C) and (7).
                  (B) Methods of verification.--In conducting 
                the verification required under subparagraph 
                (A), the Secretary of Energy shall employ the 
                transparency measures and access provisions 
                agreed to under the Russian HEU Agreement for 
                monitoring the downblending of Russian highly 
                enriched uranium of weapons origin and such 
                other methods as the Secretary determines 
                appropriate.
          [(11)] (10) Enforcement of import limitations.--The 
        Secretary of Commerce shall be responsible for 
        enforcing the import limitations imposed under this 
        subsection and shall enforce such import limitations in 
        a manner that imposes a minimal burden on the 
        commercial nuclear industry.
          [(12)] (11) Ffect on other agreements.--
                  (A) Russian heu agreement.--Nothing in this 
                section shall be construed to modify the terms 
                of the Russian HEU Agreement, including the 
                provisions of the Agreement relating to the 
                amount of low-enriched uranium that may be 
                imported into the United States.
                  (B) Other agreements.--If a provision of any 
                agreement between the United States and the 
                Russian Federation, other than the Russian HEU 
                Agreement or the Suspension Agreement, relating 
                to the importation of low-enriched uranium, 
                including low-enriched uranium obtained under 
                contracts for separative work units, into the 
                United States conflicts with a provision of 
                this section, the provision of this section 
                shall supersede the provision of the agreement 
                to the extent of the conflict.
    (d) Prohibition on Imports of Low Enriched Uranium.--
          (1) Prohibition.--Beginning on the date that is 90 
        days after the date of the enactment of this 
        subsection, and subject to paragraphs (2) and (3), the 
        following may be imported into the United States:
                  (A) Unirradiated low-enriched uranium that is 
                produced in the Russian Federation or by a 
                Russian entity.
                  (B) Unirradiated low-enriched uranium that is 
                determined to have been exchanged with swapped 
                for, or otherwise obtained in lieu or 
                unirradiated low-enriched uranium described in 
                subparagraph (A) in a manner designed to 
                circumvent the restrictions under this section.
          (2) Waiver.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), the Secretary of Energy, in 
                consultation with the Secretary of State and 
                the Secretary of Commerce, may waive the 
                application of paragraph (1) to authorize the 
                importation of low-enriched uranium described 
                in that paragraph if the Secretary of Energy 
                determines that--
                          (i) no alternative viable source of 
                        low-enriched uranium is available to 
                        sustain the continued operation of a 
                        nuclear reactor or a United States 
                        nuclear energy company; or
                          (ii) importation of low-enriched 
                        uranium that is produced in the Russian 
                        Federation or by a Russian entity is in 
                        the national interest.
                  (B) Limitation on amounts of imports of low 
                enriched uranium.--
                          (i) In general.--The importation into 
                        the United States of low-enriched 
                        uranium, including low-enriched uranium 
                        obtained under contracts for separative 
                        work units, that is produced in the 
                        Russian Federation or by a Russian 
                        entity, whether or not such low-
                        enriched uranium is derived from highly 
                        enriched uranium of weapons origin, may 
                        not exceed--
                                  (I) in calendar year 2023, 
                                578,877 kilograms;
                                  (II) in calendar year 2024, 
                                476,536 kilograms;
                                  (III) in calendar year 2025, 
                                470,376 kilograms;
                                  (IV) in calendar year 2026, 
                                464,183 kilograms; and
                                  (V) in calendar year 2027, 
                                459,083 kilograms.
                          (ii) Administration.--The Secretary 
                        of Commerce shall--
                                  (I) administer the import 
                                limitations described in clause 
                                (i) in accordance with the 
                                provisions of the Suspension 
                                Agreement, including the 
                                provisions described in 
                                subsection (c)(2)(B)(i);
                                  (II) be responsible for 
                                enforcing the import 
                                limitations described in clause 
                                (i); and
                                  (III) enforce the import 
                                limitations described in clause 
                                (i) in a manner that imposes a 
                                minimal burden on the 
                                commercial nuclear industry.
                  (C) Termination.--Any waiver issued under 
                subparagraph (A) shall terminate not later than 
                January 1, 2028.
                  (D) Notification to congress.--
                          (i) In general.--Upon issuing a 
                        waiver under subparagraph (A), the 
                        Secretary of Energy shall submit to the 
                        committees specified in clause (ii) a 
                        notification that a waiver has been 
                        issued, which shall include 
                        identification of the recipient of the 
                        waiver. 
                          (ii) Committees specified.--The 
                        committees specified in this clause 
                        are--
                                  (I) the Committee on Energy 
                                and Natural Resources and the 
                                Committee on Finance of the 
                                Senate; and 
                                  (II) the Committee on Energy 
                                and Commerce and the Committee 
                                on Ways and Means of the House 
                                of Representatives.
          (3) Applicability.--This subsection does not apply to 
        imports--
                  (A) by or under contract to the Department of 
                Energy for national security or 
                nonproliferation purposes; or
                  (B) of non-uranium isotopes.
          (4) Termi(nation.--The provisions of this subsection 
        shall terminate on December 31, 2040.
          (5) Russian entity defined.--In this subsection, the 
        term `Russian entity' means an entity organized under 
        the laws of or otherwise subject to the jurisdiction of 
        the Government of the Russian Federation.

           *       *       *       *       *       *       *


                     CHIPS AND SCIENCE ACT OF 2022

                           Public Law 117-167


AN ACT Making appropriations for Legislative Branch for the fiscal year 
ending September 30, 2022, and for other purposes.

           *       *       *       *       *       *       *


DIVISION B--RESEARCH AND INNOVATION

           *       *       *       *       *       *       *



TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS

           *       *       *       *       *       *       *


                   Subtitle P--Fission for the Future

SEC. 10781. ADVANCED NUCLEAR TECHNOLOGIES FEDERAL RESEARCH, 
                    DEVELOPMENT, AND DEMONSTRATION PROGRAM.

           *       *       *       *       *       *       *


    (b) Establishment of Program.--
          (1) In general.--The Secretary shall establish a 
        program to provide Federal financial assistance to 
        eligible entities to support the research, development, 
        [and demonstration of advanced nuclear reactors] 
        demonstration, and deployment of advanced nuclear 
        reactors and associated supply chain infrastructure.

           *       *       *       *       *       *       *


                       ENERGY POLICY ACT OF 2005

                           Public Law 109-58


   AN ACT To ensure jobs for our future with secure, affordable, and 
reliable energy.

           *       *       *       *       *       *       *


SEC. 954. NUCLEAR SCIENCE AND ENGINEERING SUPPORT.

           *       *       *       *       *       *       *


    (b) Nuclear Energy [Graduate] Traineeship Subprogram.--
          (1) Establishment.--In carrying out the program under 
        subsection (a), the Secretary shall establish a nuclear 
        energy [graduate] traineeship subprogram under which 
        the Secretary shall competitively award [graduate] 
        traineeships in coordination with universities to 
        provide focused, advanced training to meet critical 
        mission needs of the Department, including in 
        industries that are represented by skilled labor 
        unions.
          (2) Requirements.--In carrying out the subprogram 
        under this subsection, the Secretary shall--
                  (A) encourage appropriate partnerships among 
                National Laboratories, affected universities, 
                community colleges, trade schools, registered 
                apprenticeship programs, pre-apprenticeship 
                programs, and industry; and
                  (B) on an annual basis, evaluate the needs of 
                the nuclear energy community to implement 
                [graduate] traineeships for focused topical 
                areas addressing mission-specific workforce 
                needs.
          (3) 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--
                  (A) research and development;
                  (B) construction and operation;
                  (C) associated supply chains; and 
                  (D) workforce training and retraining to 
                support transitioning workforces.
          [(3)] (4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary to carry 
        out the subprogram under this subsection $5,000,000 for 
        each of fiscal years [2021 through 2025] 2023 through 
        2027.

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                                  [all]