What This Bill Does
This bill directs the Department of Energy to create a Nuclear Fuel Security Program to increase production of uranium fuel in the United States. It also expands an existing American Assured Fuel Supply Program and establishes a separate program to provide uranium fuel to advanced nuclear reactor demonstration projects. The bill aims to reduce dependence on foreign uranium suppliers and ensure fuel availability during supply disruptions.
Who It Affects
- The Department of Energy and its Secretary
- U.S. nuclear energy companies involved in uranium production, conversion and enrichment
- Advanced nuclear reactor developers
- Nuclear power plants operating in the United States
- Members of a consortium established under the Energy Act of 2020
- The Nuclear Regulatory Commission
- Allied and partner countries of the United States
Key Provisions
- The Secretary must enter into contracts with at least two U.S. nuclear energy companies to acquire at least 100 metric tons per year of low-enriched uranium by December 31, 2026 (Sec. 2(e)(1)(A)(i))
- The Secretary must enter into contracts to acquire at least 20 metric tons per year of high-assay, low-enriched uranium by December 31, 2027 from U.S. nuclear energy companies (Sec. 2(e)(1)(A)(ii))
- The Secretary shall immediately accelerate activities to make available 3 metric tons of high-assay, low-enriched uranium 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))
- The Secretary shall expand the American Assured Fuel Supply Program by merging it with the Uranium Reserve Program to maintain backup uranium supplies in case of market disruptions (Sec. 2(f)(1))
- All uranium used in these programs must be produced, converted or enriched in the United States or in an allied or partner country, unless domestic options are not practicable (Sec. 2(e)(1)(A)(iii) and 2(f)(2)(B))
What Changes
The Department of Energy gains new authority and responsibilities to actively purchase domestic uranium fuel through contracts. A new Nuclear Fuel Security Program is created to build domestic uranium production capacity. The existing American Assured Fuel Supply Program expands to include stockpiles previously managed separately under the Uranium Reserve Program. The Department must immediately make available uranium fuel from its existing stockpiles to advanced reactor demonstration projects on specific timelines. The Nuclear Regulatory Commission must prioritize and expedite any regulatory actions related to these programs.
Important Definitions
- Advanced nuclear reactor: Not specified in bill text (defined by reference to an external law)
- High-assay, low-enriched uranium (HALEU): Not specified in bill text (defined by reference to the Energy Act of 2020)
- Low-enriched uranium (LEU): Not specified in bill text (defined by reference to the USEC Privatization Act)
- U.S. nuclear energy company: A company organized under U.S. law that is involved in the nuclear energy industry (Sec. 2(c)(10))
- Associated entity: An entity owned or controlled by an allied or partner country government, an associated individual, or organized under the laws of an allied or partner country (Sec. 2(c)(2))
- Associated individual: A foreign national who is a citizen of an allied or partner country of the United States (Sec. 2(c)(3))
- Consortium: The consortium established under the Energy Act of 2020 (Sec. 2(c)(4))
Effective Date
The bill takes effect upon enactment. The Secretary must enter into contracts within 180 days after the date of enactment (Sec. 2(e)(1)(A)(i) and (ii)).
I
118TH CONGRESS
1ST SESSION H. R. 1086
To require the Secretary of Energy to establish a Nuclear Fuel Security
Program, expand the American Assured Fuel Supply Program, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Mr. LATTA introduced the following bill; which was referred to the Committee
on Energy and Commerce, and in addition to the Committee on Science,
Space, and Technology, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To require the Secretary of Energy to establish a Nuclear
Fuel Security Program, expand the American Assured
Fuel Supply 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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Nuclear Fuel Security
4
Act’’.
5
SEC. 2. U.S. NUCLEAR FUEL SECURITY INITIATIVE.
6
(a) SENSE OF CONGRESS.—It is the sense of Con-
7
gress that—
8
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•HR 1086 IH
(1) the Department should—
1
(A) prioritize activities to increase domes-
2
tic production of low-enriched uranium; and
3
(B) accelerate efforts to establish a domes-
4
tic high-assay, low-enriched uranium enrich-
5
ment capability; and
6
(2) if domestic enrichment of high-assay, low-
7
enriched uranium will not be commercially available
8
at the scale needed in time to meet the needs of the
9
advanced nuclear reactor demonstration projects of
10
the Department, the Secretary shall consider and
11
implement, as necessary—
12
(A) all viable options to make high-assay,
13
low-enriched uranium produced from inven-
14
tories owned by the Department available in a
15
manner that is sufficient to maximize the po-
16
tential for the Department to meet the needs
17
and schedules of advanced nuclear reactor de-
18
velopers, without impacting existing Depart-
19
ment missions, until such time that commercial
20
enrichment and deconversion capability for
21
high-assay, low-enriched uranium exists at a
22
scale sufficient to meet future needs; and
23
(B) all viable options for partnering with
24
countries that are allies or partners of the
25
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•HR 1086 IH
United States to meet those needs and sched-
1
ules until that time.
2
(b) OBJECTIVES.—The objectives of this section
3
are—
4
(1) to expeditiously increase domestic produc-
5
tion of low-enriched uranium;
6
(2) to expeditiously increase domestic produc-
7
tion of high-assay, low-enriched uranium by an an-
8
nual quantity, and in such form, determined by the
9
Secretary to be sufficient to meet the needs of—
10
(A) advanced nuclear reactor developers;
11
and
12
(B) the consortium;
13
(3) to ensure the availability of domestically
14
produced, converted, and enriched uranium in a
15
quantity determined by the Secretary, in consulta-
16
tion with U.S. nuclear energy companies, to be suffi-
17
cient to address a reasonably anticipated supply dis-
18
ruption;
19
(4) to address gaps and deficiencies in the do-
20
mestic
production,
conversion,
enrichment,
21
deconversion,
and
reduction
of
uranium
by
22
partnering with countries that are allies or partners
23
of the United States if domestic options are not
24
practicable;
25
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•HR 1086 IH
(5) to ensure that, in the event of a supply dis-
1
ruption in the nuclear fuel market, a reserve of nu-
2
clear fuels is available to serve as a backup supply
3
to support the nuclear nonproliferation and civil nu-
4
clear energy objectives of the Department;
5
(6) to support enrichment, deconversion, and
6
reduction technology deployed in the United States;
7
and
8
(7) to ensure that, until such time that domes-
9
tic enrichment and deconversion of high-assay, low-
10
enriched uranium is commercially available at the
11
scale needed to meet the needs of advanced nuclear
12
reactor developers, the Secretary considers and im-
13
plements, as necessary—
14
(A) all viable options to make high-assay,
15
low-enriched uranium produced from inven-
16
tories owned by the Department available in a
17
manner that is sufficient to maximize the po-
18
tential for the Department to meet the needs
19
and schedules of advanced nuclear reactor de-
20
velopers; and
21
(B) all viable options for partnering with
22
countries that are allies or partners of the
23
United States to meet those needs and sched-
24
ules.
25
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•HR 1086 IH
(c) DEFINITIONS.—In this section:
1
(1) ADVANCED NUCLEAR REACTOR.—The term
2
‘‘advanced nuclear reactor’’ has the meaning given
3
the term in section 951(b) of the Energy Policy Act
4
of 2005 (42 U.S.C. 16271(b)).
5
(2) ASSOCIATED
ENTITY.—The term ‘‘associ-
6
ated entity’’ means an entity that—
7
(A) is owned, controlled, or dominated
8
by—
9
(i) the government of a country that
10
is an ally or partner of the United States;
11
or
12
(ii) an associated individual; or
13
(B) is organized under the laws of, or oth-
14
erwise subject to the jurisdiction of, a country
15
that is an ally or partner of the United States,
16
including a corporation that is incorporated in
17
such a country.
18
(3) ASSOCIATED INDIVIDUAL.—The term ‘‘asso-
19
ciated individual’’ means an alien who is a national
20
of a country that is an ally or partner of the United
21
States.
22
(4) CONSORTIUM.—The term ‘‘consortium’’
23
means the consortium established under section
24
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•HR 1086 IH
2001(a)(2)(F) of the Energy Act of 2020 (42 U.S.C.
1
16281(a)(2)(F)).
2
(5) DEPARTMENT.—The term ‘‘Department’’
3
means the Department of Energy.
4
(6) HIGH-ASSAY,
LOW-ENRICHED
URANIUM;
5
HALEU.—The term ‘‘high-assay, low-enriched ura-
6
nium’’ or ‘‘HALEU’’ means high-assay low-enriched
7
uranium (as defined in section 2001(d) of the En-
8
ergy Act of 2020 (42 U.S.C. 16281(d))).
9
(7) LOW-ENRICHED URANIUM; LEU.—The term
10
‘‘low-enriched uranium’’ or ‘‘LEU’’ means each of—
11
(A) low-enriched uranium (as defined in
12
section 3102 of the USEC Privatization Act
13
(42 U.S.C. 2297h)); and
14
(B) low-enriched uranium (as defined in
15
section 3112A(a) of that Act (42 U.S.C.
16
2297h–10a(a))).
17
(8)
PROGRAMS.—The
term
‘‘Programs’’
18
means—
19
(A) the Nuclear Fuel Security Program es-
20
tablished under subsection (d)(1);
21
(B) the American Assured Fuel Supply
22
Program of the Department; and
23
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•HR 1086 IH
(C) the HALEU for Advanced Nuclear Re-
1
actor Demonstration Projects Program estab-
2
lished under subsection (d)(3).
3
(9) SECRETARY.—The term ‘‘Secretary’’ means
4
the Secretary of Energy.
5
(10) U.S. NUCLEAR ENERGY COMPANY.—The
6
term ‘‘U.S. nuclear energy company’’ means a com-
7
pany that—
8
(A) is organized under the laws of, or oth-
9
erwise subject to the jurisdiction of, the United
10
States; and
11
(B) is involved in the nuclear energy indus-
12
try.
13
(d) ESTABLISHMENT
AND
EXPANSION
OF
PRO-
14
GRAMS.—The Secretary, consistent with the objectives de-
15
scribed in subsection (b), shall—
16
(1) establish a program, to be known as the
17
‘‘Nuclear Fuel Security Program’’, to increase the
18
quantity of LEU and HALEU produced by U.S. nu-
19
clear energy companies;
20
(2) expand the American Assured Fuel Supply
21
Program of the Department to ensure the avail-
22
ability of domestically produced, converted, and en-
23
riched uranium in the event of a supply disruption;
24
and
25
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•HR 1086 IH
(3) establish a program, to be known as the
1
‘‘HALEU for Advanced Nuclear Reactor Dem-
2
onstration Projects Program’’—
3
(A) to maximize the potential for the De-
4
partment to meet the needs and schedules of
5
advanced nuclear reactor developers until such
6
time
that
commercial
enrichment
and
7
deconversion capability for HALEU exists in
8
the United States at a scale sufficient to meet
9
future needs; and
10
(B) where practicable, to partner with
11
countries that are allies or partners of the
12
United States to meet those needs and sched-
13
ules until that time.
14
(e) NUCLEAR FUEL SECURITY PROGRAM.—
15
(1) IN GENERAL.—In carrying out the Nuclear
16
Fuel Security Program, the Secretary—
17
(A) shall—
18
(i) not later than 180 days after the
19
date of enactment of this Act, enter into 2
20
or more contracts to begin acquiring not
21
less than 100 metric tons per year of LEU
22
by December 31, 2026 (or the earliest
23
operationally feasible date thereafter), to
24
ensure diversity of supply in domestic ura-
25
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•HR 1086 IH
nium mining, conversion, enrichment, and
1
deconversion capacity and technologies, in-
2
cluding new capacity, among U.S. nuclear
3
energy companies;
4
(ii) not later than 180 days after the
5
date of enactment of this Act, enter into 2
6
or more contracts with members of the
7
consortium to begin acquiring not less than
8
20 metric tons per year of HALEU by De-
9
cember 31, 2027 (or the earliest operation-
10
ally feasible date thereafter), from U.S.
11
nuclear energy companies;
12
(iii) utilize only uranium produced,
13
converted, enriched, deconverted, and re-
14
duced in—
15
(I) the United States; or
16
(II) if domestic options are not
17
practicable, a country that is an ally
18
or partner of the United States; and
19
(iv) to the maximum extent prac-
20
ticable, ensure that the use of domestic
21
uranium utilized as a result of that pro-
22
gram does not negatively affect the eco-
23
nomic operation of nuclear reactors in the
24
United States; and
25
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•HR 1086 IH
(B)(i) may not make commitments under
1
this subsection (including cooperative agree-
2
ments (used in accordance with section 6305 of
3
title 31, United States Code), purchase agree-
4
ments, guarantees, leases, service contracts, or
5
any other type of commitment) for the purchase
6
or other acquisition of HALEU or LEU un-
7
less—
8
(I) funds are specifically provided for
9
those purposes in advance in appropria-
10
tions Acts enacted after the date of enact-
11
ment of this Act; or
12
(II) the commitment is funded en-
13
tirely by funds made available to the Sec-
14
retary from the account described in sub-
15
section (i)(2)(B); and
16
(ii) may make a commitment described in
17
clause (i) only—
18
(I) if the full extent of the anticipated
19
costs stemming from the commitment is
20
recorded as an obligation at the time that
21
the commitment is made; and
22
(II) to the extent of that up-front ob-
23
ligation recorded in full at that time.
24
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•HR 1086 IH
(2) CONSIDERATIONS.—In carrying out para-
1
graph (1)(A)(ii), the Secretary shall consider and, if
2
appropriate, implement—
3
(A) options to ensure the quickest avail-
4
ability of commercially enriched HALEU, in-
5
cluding—
6
(i) partnerships between 2 or more
7
commercial enrichers; and
8
(ii) utilization of up to 10-percent en-
9
riched uranium as feedstock in demonstra-
10
tion-scale or commercial HALEU enrich-
11
ment facilities;
12
(B) options to partner with countries that
13
are allies or partners of the United States to
14
provide LEU and HALEU for commercial pur-
15
poses;
16
(C) options that provide for an array of
17
HALEU—
18
(i) enrichment levels;
19
(ii) output levels to meet demand; and
20
(iii) fuel forms, including uranium
21
metal and oxide; and
22
(D) options—
23
(i) to replenish, as necessary, Depart-
24
ment stockpiles of uranium that was in-
25
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•HR 1086 IH
tended to be downblended for other pur-
1
poses, but was instead used in carrying out
2
activities under the HALEU for Advanced
3
Nuclear Reactor Demonstration Projects
4
Program;
5
(ii) to continue supplying HALEU to
6
meet the needs of the recipients of an
7
award made pursuant to the funding op-
8
portunity announcement of the Depart-
9
ment numbered DE–FOA–0002271 for
10
Pathway 1, Advanced Reactor Demonstra-
11
tions; and
12
(iii) to make HALEU available to
13
other advanced nuclear reactor developers
14
and other end-users.
15
(3) AVOIDANCE OF MARKET DISRUPTIONS.—In
16
carrying out the Nuclear Fuel Security Program, the
17
Secretary, to the extent practicable and consistent
18
with the purposes of that program, shall not disrupt
19
or replace market mechanisms by competing with
20
U.S. nuclear energy companies.
21
(f) EXPANSION OF THE AMERICAN ASSURED FUEL
22
SUPPLY PROGRAM.—The Secretary, in consultation with
23
U.S. nuclear energy companies, shall—
24
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•HR 1086 IH
(1) expand the American Assured Fuel Supply
1
Program of the Department by merging the oper-
2
ations of the Uranium Reserve Program of the De-
3
partment with the American Assured Fuel Supply
4
Program; and
5
(2) in carrying out the American Assured Fuel
6
Supply Program of the Department, as expanded
7
under paragraph (1)—
8
(A) maintain, replenish, diversify, or in-
9
crease the quantity of uranium made available
10
by that program in a manner determined by the
11
Secretary to be consistent with the purposes of
12
that program and the objectives described in
13
subsection (b);
14
(B) utilize only uranium produced, con-
15
verted, enriched, deconverted, and reduced in—
16
(i) the United States
[Text truncated for display. Full text available on Congress.gov.]