Sec. 16. U.S. nuclear fuels security initiative to reduce reliance on nuclear fuels from Russia and China

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The objectives of this section are— to expeditiously increase domestic production of low-enriched uranium (referred to in this section as LEU ) by an annual amount determined by the Secretary to be appropriate to reduce the reliance of the United States and ally or partner nations on nuclear fuels from— the Russian Federation; and the People’s Republic of China; to expeditiously increase domestic production of high-assay low-enriched uranium (referred to in this section as HALEU ) by an annual amount determined by the Secretary to be sufficient to meet the needs of the consortium established under section 2001(a)(2)(F) of the Energy Policy Act of 2020 ( 42 U.S.C. 16281(a)(2)(F) ); to ensure the availability of domestically produced and converted uranium in an amount determined by the Secretary to be sufficient to address a reasonably anticipated supply disruption; to promote the domestic production, conversion, and enrichment of uranium; and to promote the deployment of United States uranium enrichment technology.

In this section, the term Programs means— the Nuclear Fuel Security Program established under subsection (c)(1); the National Strategic Uranium Reserve Program established under subsection (c)(2); and the American Assured Fuel Supply Program of the Department of Energy. The Secretary, consistent with the objectives described in subsection (a), shall establish— a program, to be known as the Nuclear Fuel Security Program , to reduce the reliance of the United States and ally or partner nations on nuclear fuels from the Russian Federation and the People’s Republic of China by increasing the amounts of LEU and HALEU produced by U.S. nuclear energy companies; and a program, to be known as the National Strategic Uranium Reserve Program , to ensure the availability of domestically produced and converted uranium in the event of a supply disruption.

In carrying out the Nuclear Fuel Security Program, the Secretary shall— not later than 1 year after the date of enactment of this Act, select 1 or more U.S. nuclear energy companies to produce LEU in amounts and timeframes specified by the Secretary; not later than 1 year after the date of enactment of this Act, select 1 or more U.S. nuclear energy companies to produce HALEU in amounts and timeframes specified by the Secretary; utilize only uranium produced and converted in the United States or a country described in any of subparagraphs

(A)through

(H)of section 2(2); coordinate the operations of the Nuclear Fuel Security Program and the National Strategic Uranium Reserve Program as the Secretary determines to be appropriate; and take other actions that the Secretary determines to be necessary or appropriate to reduce the reliance of the United States and ally or partner nations on nuclear fuels from the Russian Federation and the People’s Republic of China. In carrying out the National Strategic Uranium Reserve Program, the Secretary shall— immediately on enactment of this Act, use the funds reallocated by paragraph

(2)to initiate the establishment of a National Strategic Uranium Reserve; make the National Strategic Uranium Reserve operational by acquiring uranium in amounts and timeframes specified by the Secretary; maintain, replenish, or increase the amount of uranium in the National Strategic Uranium Reserve in a manner determined by the Secretary to be consistent with the objectives described in subsection (a); utilize only uranium produced and converted in the United States; make uranium available from the National Strategic Uranium Reserve, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; coordinate the operations of the Nuclear Fuel Security Program and the National Strategic Uranium Reserve Program as the Secretary determines to be appropriate; and take other actions that the Secretary determines to be necessary or appropriate to address a uranium supply disruption. Notwithstanding any other provision of law, amounts made available to the National Nuclear Security Administration for the Uranium Reserve Program by, and described in the first proviso in, the matter under the heading under the heading weapons activities under the heading National Nuclear Security Administration in title III of division D of the Consolidated Appropriations Act, 2021 ( atomic energy defense activities Public Law 116–260 ; 134 Stat. 1369), that remain available as of the date of enactment of this Act shall be reallocated, as directed by the Secretary, for the purpose of establishing and initiating operation of the National Strategic Uranium Reserve by— continuing the activities initiated by the National Nuclear Security Administration using the amounts described in that proviso; carrying out other activities consistent with the purposes for which those amounts were made available under that Act; and carrying out activities in accordance with the objectives described in subsection (a). In carrying out the American Assured Fuel Supply Program, the Secretary shall— maintain, replenish, or increase the amount of uranium in the National Strategic Uranium Reserve in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (a); make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; coordinate the operations of the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program as the Secretary determines to be appropriate; if determined by the Secretary to be appropriate and consistent with the objectives described in subsection (a), merge the operations of the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program; and take other actions that the Secretary determines to be necessary or appropriate to address the purposes of the American Assured Fuel Supply Program and the objectives described in subsection (a). In carrying out the Programs, the Secretary, in coordination with the Secretary of State, may— in addition to exercising the authority granted to the Secretary under any other provision of law, enter into transactions (other than contracts, cooperative agreements, financial assistance agreements, or the provision of any other financial assistance) with an ally or partner nation, a U.S. energy company, or any other domestic or foreign entity for any activity to carry out the Programs, including the acquisition or provision of uranium, conversion services, enrichment services, LEU, HALEU, and related goods and services, in the same manner as the Secretary of Defense under section 4021 of title 10, United States Code (other than subsections

(b)and

(f)of that section); make acquisitions for the Programs through the use of competitive selection processes that the Secretary determines to be appropriate to achieve the objectives described in subsection

(a)in an expeditious manner; establish milestones for achieving specified objectives, including the production of LEU and HALEU in amounts and timeframes specified by the Secretary; and provide awards and other forms of incentives for meeting those milestones; provide loan guarantees, other financial assistance, or assistance in the form of revenue guarantees or similar mechanisms; charge an amount for the provision of uranium, conversion services, enrichment services, LEU, HALEU, and other goods and services that, in the opinion of the Secretary, provides reasonable compensation, taking into account fair market value and the objectives described in subsection (a); and notwithstanding section 3302 of title 31, United States Code— receive and retain revenues from the sale or transfer of uranium, LEU, or HALEU and from other activities related to the Programs; and expend those revenues for purposes related to the program from which the revenues are derived. The revenues described in paragraph (1)(F) shall remain available until expended. Except as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if— the activity promotes manufacturing in the United States; or the activity relies on resources, materials, or equipment developed or produced— in the United States; or in a country described in any of subparagraphs

(A)through

(H)of section 2(2) by— a U.S. nuclear energy company; an ally or partner nation; or an associated entity. The Secretary may waive the requirements of paragraph

(1)with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (a). The Secretary may not carry out an activity in connection with the Programs with 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 organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. The Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) and related statutes. The requirements of section 3112 of the USEC Privatization Act ( 42 U.S.C. 2297h–10 ) shall not apply to activities related to the Programs. Section 3112A(c)(2)(A) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)(2)(A)) is amended— in clause (xii), by inserting and after the semicolon at the end; by striking clauses

(xiii)through (xxvii); and by adding at the end the following: in calendar year 2026 and each calendar year thereafter, 0 kilograms. . In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary— for the Nuclear Fuel Security Program, $3,500,000,000 for fiscal year 2023, to remain available until September 30, 2031; and for the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program, such sums as are necessary for the period of fiscal years 2023 through 2030, to remain available until September 30, 2031.

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