Sec. 7. Advanced nuclear fuel security program
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Congress finds that— the national security nuclear enterprise, which supports the nuclear weapons stockpile stewardship and naval reactors functions of the National Nuclear Security Administration, requires a domestic source of low- and high-enriched uranium in accordance with legal restrictions regarding foreign obligations relating to the beginning stage of the nuclear fuel cycle; many domestic advanced nuclear power industry participants require access to high-assay, low-enriched uranium fuel for— initial fuel testing; operation of demonstration reactors; and commercial operation of advanced nuclear reactors; as of the date of enactment of this Act, no domestic uranium enrichment or fuel fabrication capability exists for uranium fuel enriched to greater than 5 weight percent of the uranium-235 isotope; a healthy commercial nuclear fuel cycle capable of providing higher levels of enriched uranium would benefit— the relevant national security functions of the National Nuclear Security Administration; and the domestic advanced nuclear industry of the United States; and making limited quantities of high-assay, low-enriched uranium available from Department of Energy stockpiles of uranium would allow for initial fuel testing and demonstration of advanced nuclear reactor concepts, accelerating— the path to market of those concepts; and the development of— a market for advanced nuclear reactors; and a resulting growing commercial nuclear fuel cycle capability.
Subtitle E of title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 et seq.) (as amended by section 5(a)) is amended by adding at the end the following: In this section: The term HALEU transportation package means a transportation package that is suitable for transporting high-assay, low-enriched uranium. The term high-assay, low-enriched uranium means uranium with an assay greater than 5 weight percent, but less than 20 weight percent, of the uranium-235 isotope. The term high-enriched uranium means uranium with an assay of 20 weight percent or more of the uranium-235 isotope.
Not later than 1 year after the date of enactment of this section, the Secretary shall establish a program to make available high-assay, low-enriched uranium, through contracts for sale, resale, transfer, or lease, for use in commercial or noncommercial advanced nuclear reactors. Each lease under this subsection shall include a provision establishing that the nuclear fuel that is the subject of the lease shall remain the property of the Department, including with respect to responsibility for the final disposition of all radioactive waste created by the irradiation, processing, or purification of any leased uranium.
In carrying out the program under this subsection, the Secretary shall make available— by December 31, 2022, high-assay, low-enriched uranium containing not less than 2 metric tons of the uranium-235 isotope; and by December 31, 2025, high-assay, low-enriched uranium containing not less than 10 metric tons of the uranium-235 isotope (as determined including the quantities of the uranium-235 isotope made available before December 31, 2022). In carrying out the program under this subsection, the Secretary shall take into consideration options for providing the high-assay, low-enriched uranium under this subsection from a stockpile of uranium owned by the Department (including the National Nuclear Security Administration), including— fuel that— directly meets the needs of an end-user; but has been previously used or fabricated for another purpose; fuel that can meet the needs of an end-user after removing radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department (including activities of the National Nuclear Security Administration); and fuel from a high-enriched uranium stockpile, which can be blended with lower-assay uranium to become high-assay, low-enriched uranium to meet the needs of an end-user.
The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to the final disposition of radioactive waste from uranium that is the subject of a lease under this subsection. The program under this subsection shall terminate on the earlier of— January 1, 2035; and the date on which uranium enriched up to, but not equal to, 20 weight percent can be obtained in the commercial market from domestic suppliers. Not later than 180 days after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report that describes actions proposed to be carried out by the Secretary— under the program under subsection (b); or otherwise to enable the commercial use of high-assay, low-enriched uranium.
In developing the report under this subsection, the Secretary shall seek input from— the Nuclear Regulatory Commission; the National Laboratories; institutions of higher education; a diverse group of entities operating in the nuclear energy industry; and a diverse group of technology developers. The report under this subsection shall include estimated costs, budgets, and timeframes for enabling the use of high-assay, low-enriched uranium. The report under this subsection shall evaluate— the costs and actions required to establish and carry out the program under subsection (b), including with respect to— proposed preliminary terms for the sale, resale, transfer, and leasing of high-assay, low-enriched uranium (including guidelines defining the roles and responsibilities between the Department and the purchaser, transfer recipient, or lessee); and the potential to coordinate with purchasers, transfer recipients, and lessees regarding— fuel fabrication; and fuel transport; the potential sources and fuel forms available to provide uranium for the program under subsection (b); options to coordinate the program under subsection
(b)with the operation of the versatile, reactor-based fast neutron source under section 959A; the ability of the domestic uranium market to provide materials for advanced nuclear reactor fuel; and any associated legal, regulatory, and policy issues that should be addressed to enable— the program under subsection (b); and the establishment of a domestic industry capable of providing high-assay, low-enriched uranium for commercial and noncommercial purposes, including with respect to the needs of— the Department; the Department of Defense; and the National Nuclear Security Administration. As soon as practicable after the date of enactment of this section, the Secretary shall establish a research, development, and demonstration program under which the Secretary shall provide grants, on a competitive basis, to establish the capability to transport high-assay, low-enriched uranium. The focus of the program under this subsection shall be to establish one or more HALEU transportation packages that can be certified by the Nuclear Regulatory Commission to transport high-assay, low-enriched uranium to the various facilities involved in producing or using nuclear fuel containing high-assay, low-enriched uranium, such as— enrichment facilities; fuel processing facilities; fuel fabrication facilities; and nuclear reactors. . The table of contents of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 594) (as amended by section 5(b)) is amended by inserting after the item relating to section 959B the following: Sec. 960. Advanced nuclear fuel security program. .
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- Pub. L. 109-58
- 119 Stat. 594
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