Sec. 3. HALEU for advanced nuclear reactors
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Section 2001 of the Energy Act of 2020 ( 42 U.S.C. 16281 ) is amended— in subsection (a)— in paragraph (2)— in subparagraph (E), by striking for domestic commercial use and inserting to meet the needs of commercial, government, academic, and international entities ; and in subparagraph (I), by inserting nuclear after advanced ; in paragraph (5), in the paragraph heading, by striking and inserting HA–LEU ; and HALEU by redesignating paragraphs
(6)and
(7)as paragraphs
(8)and (6), respectively, and moving the paragraphs so as to appear in numerical order; in subsection (b)(2)— in the paragraph heading, by striking and inserting HA–LEU ; HALEU by striking subsection (a)(1) each place it appears and inserting subsection (b)(1) ; in subparagraph (B)(viii), by striking subsection (a)(2)(F) and inserting subsection (b)(2)(F) ; and in subparagraph (D)(vi), by striking subsection (a)(2)(A) and inserting subsection (b)(2)(A) ; in subsection (c)— by redesignating paragraphs
(1)through
(5)as subparagraphs
(A)through (E), respectively, and indenting appropriately; and in the matter preceding subparagraph
(A)(as so redesignated)— by striking in this section and inserting under this subsection ; and by striking There are and inserting the following: There are ; in subsection (d)— in paragraph (4)— in the paragraph heading, by striking and inserting High-assay low-enriched ; and High-assay, low-enriched by striking high-assay low-enriched and inserting high-assay, low-enriched ; by redesignating paragraphs
(1)through
(6)as paragraphs (3), (4), (6), (7), (8), and (9), respectively; by inserting before paragraph
(3)(as so redesignated) the following: The term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). The term advanced nuclear reactor end-user means an entity seeking or receiving HALEU under subsection (d)(1) for use by an advanced nuclear reactor, including— the recipient of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and a member of the consortium established under subsection (b)(2)(F). ; by inserting after paragraph
(4)(as so redesignated) the following: The term Department means the Department of Energy. ; and by striking paragraph
(6)(as so redesignated) and inserting the following: The term HALEU means high-assay, low-enriched uranium. ; by striking HA–LEU each place it appears and inserting HALEU ; by moving paragraph
(7)of subsection
(c)(as designated by paragraph (3)(B)(ii)) so as to appear after paragraph
(6)of subsection
(a)(as redesignated by paragraph (1)(C)); by striking subsection (c); by redesignating subsections (a), (b), and
(d)as subsections (b), (g), and (a), respectively, and moving the subsections so as to appear in alphabetical order; by inserting after subsection
(b)(as so redesignated) the following: Not later than 30 days after the date of enactment of the Fueling Our Nuclear Future Act of 2022 , the Secretary, acting through the Assistant Secretary for Nuclear Energy, shall establish a program (referred to in this subsection as the program ) to accelerate the availability of commercially produced HALEU in the United States in accordance with this subsection. The purposes of the program are— to provide for the availability of HALEU produced, chemically converted, enriched, chemically deconverted, and suitable for fabrication into final fuel form in the United States; to address nuclear fuel supply chain gaps and deficiencies in the United States; and to support strategic nuclear fuel supply chain capabilities in the United States. In carrying out the program, the Secretary shall consider and, as appropriate, execute— options to establish, through a competitive process, a domestic commercial HALEU production capability of not less than 20 metric tons of HALEU per year, with initial availability by— December 31, 2027; or the earliest operationally feasible date thereafter; options that provide for an array of HALEU— enrichment levels; output levels to meet demand; and fuel forms; and options to establish, through a competitive process, a HALEU Bank— to replenish, as necessary, Department stockpiles of uranium used in carrying out activities under subsection (d); to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and to make HALEU available to members of the consortium established under subsection (b)(2)(F), after addressing the needs described in clauses
(i)and (ii). In addition to amounts otherwise made available (other than amounts made available under section 4(b) of the Fueling Our Nuclear Future Act of 2022 ), there is authorized to be appropriated to the Secretary to carry out this subsection $150,000,000 for each of fiscal years 2023 through 2032. On enactment of the Fueling Our Nuclear Future Act of 2022 , the Secretary shall immediately accelerate and, as necessary, initiate activities to make available HALEU, produced from inventories owned by the Department, for use by advanced nuclear reactors, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to members of the consortium established under subsection (b)(2)(F), as available. HALEU made available under this subsection shall— remain the property of, and title shall remain with, the Department; and not be subject to the requirements of section 3113 of the USEC Privatization Act ( 42 U.S.C. 2297h–11 ). In carrying out activities under this subsection, the Secretary shall make available— by September 30, 2024, not less than 3 metric tons of HALEU; by December 31, 2025, not less than an additional 8 metric tons of HALEU; and by June 30, 2026, not less than an additional 10 metric tons of HALEU. In carrying out activities under this subsection, the Secretary shall take into consideration— options for providing HALEU from a stockpile of uranium owned by the Department (including the National Nuclear Security Administration), including— fuel that— directly meets the needs of advanced nuclear reactor end-users; but has been previously used or fabricated for another purpose; fuel that can meet the needs of advanced nuclear reactor end-users 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); fuel from a high-enriched uranium stockpile, which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor end-users; and fuel from uranium stockpiles intended for other purposes, but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department; options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the HALEU Bank established under subsection (c)(3)(C); and options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph
(A)with domestically enriched HALEU procured by the Department through a competitive process pursuant to the HALEU Bank established under subsection (c)(3)(C). 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 contract for sale, resale, transfer, or lease under this subsection; or environmental cleanup activities. In addition to amounts otherwise made available (other than amounts made available under section 4(b) of the Fueling Our Nuclear Future Act of 2022 ), there is authorized to be appropriated to the Secretary to carry out this subsection $200,000,000 for each of fiscal years 2023 through 2027. The authority of the Secretary to carry out activities under this subsection shall terminate on the date on which the HALEU needs of advanced nuclear reactor end-users can be fully met by commercial HALEU suppliers in the United States, as mutually agreed to by the Secretary and advanced nuclear reactor end-users. In carrying out activities under subsections
(c)and (d), the Secretary shall ensure that any HALEU acquired, provided, or made available under those subsections for advanced nuclear reactor end-users is subject to cost recovery in accordance with subsection (b)(2)(G). Notwithstanding section 3302 of title 31, United States Code, revenues received from the sale or transfer of fuel feed material and other activities related to making HALEU available pursuant to this section— shall be available to the Department for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and shall remain available until expended. In carrying out activities under this section, the Secretary shall not make available, or provide funding for, uranium that is recovered, downblended, produced, chemically converted, enriched, chemically deconverted, or fabricated by an entity that— is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. ; and by adding at the end the following: Not later than 90 days after the date of enactment of the Fueling Our Nuclear Future Act of 2022 , the Secretary shall provide a briefing to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives that— summarizes the reports required by subsection (g); summarizes the planning of the Department for the storage and disposal of waste products resulting from the production and use of HALEU; and summarizes the ability of uranium suppliers to provide uranium for advanced nuclear reactor fuel, including— uranium that has been produced prior to the date of enactment of the Fueling Our Nuclear Future Act of 2022 ; the sufficiency of existing uranium production to meet the needs described in this section; an assessment of the countries from which the Unites States currently imports uranium, including the form and annual quantity; the impact of increased reliance on domestic uranium production, conversion, and enrichment to sustain the continued operation of existing nuclear reactors; and the need for increased domestic uranium production to meet the needs described this section. .
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- 42 USC 2297h–11
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