What This Bill Does
This bill requires the Secretary of Energy to create a Nuclear Fuel Security Program and expand an existing American Assured Fuel Supply Program to increase the amount of uranium produced in the United States. The bill also requires a report on how much money will be needed for a civil nuclear credit program for nuclear power plants.
##
Who It Affects
- The Department of Energy and its Secretary
- U.S. nuclear energy companies
- Nuclear power plant operators
- Advanced nuclear reactor developers
- The Nuclear Regulatory Commission
- Congress
##
Key Provisions
- The Secretary of Energy must establish a Nuclear Fuel Security Program to increase the amount of low-enriched uranium and high-assay low-enriched uranium produced by U.S. nuclear energy companies, with contracts to acquire at least 100 metric tons per year of low-enriched uranium by December 31, 2026, and at least 20 metric tons per year of high-assay low-enriched uranium by December 31, 2027 (Sec. 2(e)(1)).
- The Secretary must expand the American Assured Fuel Supply Program by merging it with the Uranium Reserve Program to maintain and increase uranium supplies in case of a supply disruption (Sec. 2(f)).
- The Secretary must immediately make available high-assay low-enriched uranium from Department inventories to advanced nuclear reactor developers, with specific goals of at least 3 metric tons by September 30, 2024, an additional 8 metric tons by December 31, 2025, and an additional 10 metric tons by June 30, 2026 (Sec. 2(g)(2)).
- Beginning 90 days after the bill becomes law, low-enriched uranium produced in Russia or by Russian companies cannot be imported into the United States, with limited exceptions that require a waiver from the Secretary of Energy (Sec. 4(a)).
- The bill authorizes 3.5 billion dollars to be spent on these nuclear fuel programs through September 30, 2032, with up to 1 billion dollars available for the high-assay low-enriched uranium program through September 30, 2028 (Sec. 2(n)).
##
What Changes
- The Department of Energy must create two new uranium supply programs (the Nuclear Fuel Security Program and the HALEU for Advanced Nuclear Reactor Demonstration Projects Program).
- Russian uranium imports are banned starting 90 days after the bill becomes law, except through special waivers.
- The Secretary of Energy receives authority to make existing government uranium inventories available to commercial nuclear reactor projects.
- The Nuclear Regulatory Commission must prioritize and speed up its review of actions related to these new programs.
- The Secretary may use revenues from selling uranium to fund these programs without needing additional Congressional approval.
- The Secretary of Energy must report to Congress within 180 days on how much money will be needed for a separate civil nuclear credit program.
##
Important Definitions
- **Advanced nuclear reactor**: A reactor type defined in a previous law (the Energy Policy Act of 2005). The bill does not provide a specific definition.
- **High-assay low-enriched uranium (HALEU)**: Uranium enriched to higher levels than standard low-enriched uranium but still below weapons-grade levels, as defined in the Energy Act of 2020.
- **Low-enriched uranium (LEU)**: Uranium processed to specific enrichment levels for reactor fuel, as defined in the USEC Privatization Act.
- **Associated entity**: A company owned or controlled by a U.S. ally or partner country's government, or a company incorporated in a U.S. ally or partner country.
- **Consortium**: The consortium established under the Energy Act of 2020.
- **Russian entity**: Any company organized under Russian law or subject to the Russian government's control.
##
Effective Date
The ban on Russian uranium imports takes effect 90 days after the bill becomes law. All other provisions take effect when the bill is signed into law. The overall authority for these programs expires on December 31, 2040.
II
Calendar No. 124
118TH CONGRESS
1ST SESSION
S. 452
[Report No. 118–52]
To require the Secretary of Energy to establish a Nuclear Fuel Security
Program, expand the American Assured Fuel Supply Program, and sub-
mit a report on a civil nuclear credit program, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 15, 2023
Mr. MANCHIN (for himself, Mr. BARRASSO, Mr. RISCH, Mr. WARNER, Mr.
COONS, and Mr. BUDD) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
JULY 11, 2023
Reported by Mr. MANCHIN, with an amendment
[Insert the part printed in italic]
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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Nuclear Fuel Security
2
Act of 2023’’.
3
SEC. 2. U.S. NUCLEAR FUEL SECURITY INITIATIVE.
4
(a) SENSE OF CONGRESS.—It is the sense of Con-
5
gress that—
6
(1) the Department should—
7
(A) prioritize activities to increase domes-
8
tic production of low-enriched uranium; and
9
(B) accelerate efforts to establish a domes-
10
tic high-assay, low-enriched uranium enrich-
11
ment capability; and
12
(2) if domestic enrichment of high-assay, low-
13
enriched uranium will not be commercially available
14
at the scale needed in time to meet the needs of the
15
advanced nuclear reactor demonstration projects of
16
the Department, the Secretary shall consider and
17
implement, as necessary—
18
(A) all viable options to make high-assay,
19
low-enriched uranium produced from inven-
20
tories owned by the Department available in a
21
manner that is sufficient to maximize the po-
22
tential for the Department to meet the needs
23
and schedules of advanced nuclear reactor de-
24
velopers, without impacting existing Depart-
25
ment missions, until such time that commercial
26
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•S 452 RS
enrichment and deconversion capability for
1
high-assay, low-enriched uranium exists at a
2
scale sufficient to meet future needs; and
3
(B) all viable options for partnering with
4
countries that are allies or partners of the
5
United States to meet those needs and sched-
6
ules until that time.
7
(b) OBJECTIVES.—The objectives of this section
8
are—
9
(1) to expeditiously increase domestic produc-
10
tion of low-enriched uranium;
11
(2) to expeditiously increase domestic produc-
12
tion of high-assay, low-enriched uranium by an an-
13
nual quantity, and in such form, determined by the
14
Secretary to be sufficient to meet the needs of—
15
(A) advanced nuclear reactor developers;
16
and
17
(B) the consortium;
18
(3) to ensure the availability of domestically
19
produced, converted, enriched, deconverted, and re-
20
duced uranium in a quantity determined by the Sec-
21
retary, in consultation with U.S. nuclear energy
22
companies, to be sufficient to address a reasonably
23
anticipated supply disruption;
24
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•S 452 RS
(4) to address gaps and deficiencies in the do-
1
mestic
production,
conversion,
enrichment,
2
deconversion,
and
reduction
of
uranium
by
3
partnering with countries that are allies or partners
4
of the United States if domestic options are not
5
practicable;
6
(5) to ensure that, in the event of a supply dis-
7
ruption in the nuclear fuel market, a reserve of nu-
8
clear fuels is available to serve as a backup supply
9
to support the nuclear nonproliferation and civil nu-
10
clear energy objectives of the Department;
11
(6) to support enrichment, deconversion, and
12
reduction technology deployed in the United States;
13
and
14
(7) to ensure that, until such time that domes-
15
tic enrichment and deconversion of high-assay, low-
16
enriched uranium is commercially available at the
17
scale needed to meet the needs of advanced nuclear
18
reactor developers, the Secretary considers and im-
19
plements, as necessary—
20
(A) all viable options to make high-assay,
21
low-enriched uranium produced from inven-
22
tories owned by the Department available in a
23
manner that is sufficient to maximize the po-
24
tential for the Department to meet the needs
25
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•S 452 RS
and schedules of advanced nuclear reactor de-
1
velopers; and
2
(B) all viable options for partnering with
3
countries that are allies or partners of the
4
United States to meet those needs and sched-
5
ules.
6
(c) DEFINITIONS.—In this section:
7
(1) ADVANCED NUCLEAR REACTOR.—The term
8
‘‘advanced nuclear reactor’’ has the meaning given
9
the term in section 951(b) of the Energy Policy Act
10
of 2005 (42 U.S.C. 16271(b)).
11
(2) ASSOCIATED
ENTITY.—The term ‘‘associ-
12
ated entity’’ means an entity that—
13
(A) is owned, controlled, or dominated
14
by—
15
(i) the government of a country that
16
is an ally or partner of the United States;
17
or
18
(ii) an associated individual; or
19
(B) is organized under the laws of, or oth-
20
erwise subject to the jurisdiction of, a country
21
that is an ally or partner of the United States,
22
including a corporation that is incorporated in
23
such a country.
24
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•S 452 RS
(3) ASSOCIATED INDIVIDUAL.—The term ‘‘asso-
1
ciated individual’’ means an alien who is a national
2
of a country that is an ally or partner of the United
3
States.
4
(4) CONSORTIUM.—The term ‘‘consortium’’
5
means the consortium established under section
6
2001(a)(2)(F) of the Energy Act of 2020 (42 U.S.C.
7
16281(a)(2)(F)).
8
(5) DEPARTMENT.—The term ‘‘Department’’
9
means the Department of Energy.
10
(6) HIGH-ASSAY,
LOW-ENRICHED
URANIUM;
11
HALEU.—The term ‘‘high-assay, low-enriched ura-
12
nium’’ or ‘‘HALEU’’ means high-assay low-enriched
13
uranium (as defined in section 2001(d) of the En-
14
ergy Act of 2020 (42 U.S.C. 16281(d))).
15
(7) LOW-ENRICHED URANIUM; LEU.—The term
16
‘‘low-enriched uranium’’ or ‘‘LEU’’ means each of—
17
(A) low-enriched uranium (as defined in
18
section 3102 of the USEC Privatization Act
19
(42 U.S.C. 2297h)); and
20
(B) low-enriched uranium (as defined in
21
section 3112A(a) of that Act (42 U.S.C.
22
2297h–10a(a))).
23
(8)
PROGRAMS.—The
term
‘‘Programs’’
24
means—
25
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•S 452 RS
(A) the Nuclear Fuel Security Program es-
1
tablished under subsection (d)(1);
2
(B) the American Assured Fuel Supply
3
Program of the Department; and
4
(C) the HALEU for Advanced Nuclear Re-
5
actor Demonstration Projects Program estab-
6
lished under subsection (d)(3).
7
(9) SECRETARY.—The term ‘‘Secretary’’ means
8
the Secretary of Energy.
9
(10) U.S. NUCLEAR ENERGY COMPANY.—The
10
term ‘‘U.S. nuclear energy company’’ means a com-
11
pany that—
12
(A) is organized under the laws of, or oth-
13
erwise subject to the jurisdiction of, the United
14
States; and
15
(B) is involved in the nuclear energy indus-
16
try.
17
(d) ESTABLISHMENT
AND
EXPANSION
OF
PRO-
18
GRAMS.—The Secretary, consistent with the objectives de-
19
scribed in subsection (b), shall—
20
(1) establish a program, to be known as the
21
‘‘Nuclear Fuel Security Program’’, to increase the
22
quantity of LEU and HALEU produced by U.S. nu-
23
clear energy companies;
24
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•S 452 RS
(2) expand the American Assured Fuel Supply
1
Program of the Department to ensure the avail-
2
ability of domestically produced, converted, enriched,
3
deconverted, and reduced uranium in the event of a
4
supply disruption; and
5
(3) establish a program, to be known as the
6
‘‘HALEU for Advanced Nuclear Reactor Dem-
7
onstration Projects Program’’—
8
(A) to maximize the potential for the De-
9
partment to meet the needs and schedules of
10
advanced nuclear reactor developers until such
11
time
that
commercial
enrichment
and
12
deconversion capability for HALEU exists in
13
the United States at a scale sufficient to meet
14
future needs; and
15
(B) where practicable, to partner with
16
countries that are allies or partners of the
17
United States to meet those needs and sched-
18
ules until that time.
19
(e) NUCLEAR FUEL SECURITY PROGRAM.—
20
(1) IN GENERAL.—In carrying out the Nuclear
21
Fuel Security Program, the Secretary—
22
(A) shall—
23
(i) not later than 180 days after the
24
date of enactment of this Act, enter into 2
25
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•S 452 RS
or more contracts to begin acquiring not
1
less than 100 metric tons per year of LEU
2
by December 31, 2026 (or the earliest
3
operationally feasible date thereafter), to
4
ensure diversity of supply in domestic ura-
5
nium mining, conversion, enrichment, and
6
deconversion capacity and technologies, in-
7
cluding new capacity, among U.S. nuclear
8
energy companies;
9
(ii) not later than 180 days after the
10
date of enactment of this Act, enter into 2
11
or more contracts with members of the
12
consortium to begin acquiring not less than
13
20 metric tons per year of HALEU by De-
14
cember 31, 2027 (or the earliest operation-
15
ally feasible date thereafter), from U.S.
16
nuclear energy companies;
17
(iii) utilize only uranium produced,
18
converted, enriched, deconverted, and re-
19
duced in—
20
(I) the United States; or
21
(II) if domestic options are not
22
practicable, a country that is an ally
23
or partner of the United States; and
24
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•S 452 RS
(iv) to the maximum extent prac-
1
ticable, ensure that the use of domestic
2
uranium utilized as a result of that pro-
3
gram does not negatively affect the eco-
4
nomic operation of nuclear reactors in the
5
United States; and
6
(B)(i) may not make commitments under
7
this subsection (including cooperative agree-
8
ments (used in accordance with section 6305 of
9
title 31, United States Code), purchase agree-
10
ments, guarantees, leases, service contracts, or
11
any other type of commitment) for the purchase
12
or other acquisition of HALEU or LEU un-
13
less—
14
(I) funds are specifically provided for
15
those purposes in advance in appropria-
16
tions Acts enacted after the date of enact-
17
ment of this Act; or
18
(II) the commitment is funded en-
19
tirely by funds made available to the Sec-
20
retary from the account described in sub-
21
section (i)(2)(B); and
22
(ii) may make a commitment described in
23
clause (i) only—
24
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•S 452 RS
(I) if the full extent of the anticipated
1
costs stemming from the commitment is
2
recorded as an obligation at the time that
3
the commitment is made; and
4
(II) to the extent of that up-front ob-
5
ligation recorded in full at that time.
6
(2) CONSIDERATIONS.—In carrying out para-
7
graph (1)(A)(ii), the Secretary shall consider and, if
8
appropriate, implement—
9
(A) options to ensure the quickest avail-
10
ability of commercially enriched HALEU, in-
11
cluding—
12
(i) partnerships between 2 or more
13
commercial enrichers; and
14
(ii) utilization of up to 10-percent en-
15
riched uranium as feedstock in demonstra-
16
tion-scale or commercial HALEU enrich-
17
ment facilities;
18
(B) options to partner with countries that
19
are allies or partners of the United States to
20
provide LEU and HALEU for commercial pur-
21
poses;
22
(C) options that provide for an array of
23
HALEU—
24
(i) enrichment levels;
25
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•S 452 RS
(ii) output levels to meet demand; and
1
(iii) fuel forms, including uranium
2
metal and oxide; and
3
(D) options—
4
(i) to replenish, as necessary, Depart-
5
ment stockpiles of uranium that were in-
6
tended to be downblended for other pur-
7
poses, but were instead used in carrying
8
out activities under the HALEU for Ad-
9
vanced Nuclear Reactor Demonstration
10
Projects Program;
11
(ii) to continue supplying HALEU to
12
meet the needs of the recipients of an
13
award made pursuant to the funding op-
14
portunity announcement of the Depart-
15
ment numbered DE–FOA–0002271 for
16
Pathway 1, Advanced Reactor Demonstra-
17
tions; and
18
(iii) to make HALEU available to
19
other advanced nuclear reactor developers
20
and other end-users.
21
(3) AVOIDANCE OF MARKET DISRUPTIONS.—In
22
carrying out the Nuclear Fuel Security Program, the
23
Secretary, to the extent practicable and consistent
24
with the purposes of that program, shall not disrupt
25
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•S 452 RS
or replace market mechanisms by competing with
1
U.S. nuclear energy companies.
2
(f) EXPANSION OF THE AMERICAN ASSURED FUEL
3
SUPPLY PROGRAM.—The Secretary, in consultation with
4
U.S. nuclear energy companies, shall—
5
(1) expand the American Assured Fuel Supply
6
Program of the Department by merging the oper-
7
ations of the Uranium Reserve Program of the De-
8
partment with the American Assured Fuel Supply
9
Program; and
10
(2) in carrying out the American Assured Fuel
11
Supply Program of the Department, as expanded
12
under paragraph (1)—
13
(A) maintain, replenish, diversify, or in-
14
crease the quantity of uranium made available
15
by that program in a manner determined by the
16
Secretary to be consistent with the purposes of
17
that program and the objectives described in
18
subsection (b
[Text truncated for display. Full text available on Congress.gov.]