Fueling Our Nuclear Future Act of 2022
This bill modifies provisions under the Energy Act of 2020 concerning high-assay, low-enriched uranium (HALEU), including by directing the Department of Energy (DOE) to (1) establish a program to accelerate the availability of commercially produced HALEU in the United States, and (2) accelerate or initiate activities to make HALEU available from DOE's inventories for use by advanced nuclear reactors.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8723 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8723
To amend the Energy Act of 2020 to require the Secretary of Energy to
establish a program to accelerate the availability of commercially
produced high-assay, low-enriched uranium in the United States and to
make high-assay, low-enriched uranium produced from Department of
Energy inventories available for use in advanced nuclear reactors, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 16, 2022
Mrs. Luria (for herself and Mr. Donalds) introduced the following bill;
which was referred to the Committee on Science, Space, and Technology,
and in addition to the Committee on Energy and Commerce, 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 amend the Energy Act of 2020 to require the Secretary of Energy to
establish a program to accelerate the availability of commercially
produced high-assay, low-enriched uranium in the United States and to
make high-assay, low-enriched uranium produced from Department of
Energy inventories available for use in advanced nuclear reactors, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fueling Our Nuclear Future Act of
2022''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Department of Energy (referred to in this section
as the ``Department'') should prioritize activities to
establish a domestic high-assay, low-enriched uranium (referred
to in this section as ``HALEU'') enrichment capability,
consistent with subsection (c) of section 2001 of the Energy
Act of 2020 (42 U.S.C. 16281);
(2) domestic HALEU enrichment will not be commercially
available at the scale needed in time to meet the needs of
advanced nuclear reactor demonstration projects; and
(3) the Department needs to make available HALEU, produced
from inventories owned by the Department, for use by advanced
nuclear reactors consistent with subsection (d) of section 2001
of the Energy Act of 2020 (42 U.S.C. 16281), until such time as
commercial HALEU enrichment capability exists consistent with
that subsection.
SEC. 3. HALEU FOR ADVANCED NUCLEAR REACTORS.
Section 2001 of the Energy Act of 2020 (42 U.S.C. 16281) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (E), by striking ``for
domestic commercial use'' and inserting ``to
meet the needs of commercial, government,
academic, and international entities''; and
(ii) in subparagraph (I), by inserting
``nuclear'' after ``advanced'';
(B) in paragraph (5), in the paragraph heading, by
striking ``HA-LEU'' and inserting ``HALEU''; and
(C) by redesignating paragraphs (6) and (7) as
paragraphs (8) and (6), respectively, and moving the
paragraphs so as to appear in numerical order;
(2) in subsection (b)(2)--
(A) in the paragraph heading, by striking ``HA-
LEU'' and inserting ``HALEU'';
(B) by striking ``subsection (a)(1)'' each place it
appears and inserting ``subsection (b)(1)'';
(C) in subparagraph (B)(viii), by striking
``subsection (a)(2)(F)'' and inserting ``subsection
(b)(2)(F)''; and
(D) in subparagraph (D)(vi), by striking
``subsection (a)(2)(A)'' and inserting ``subsection
(b)(2)(A)'';
(3) in subsection (c)--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and
indenting appropriately; and
(B) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) by striking ``in this section'' and
inserting ``under this subsection''; and
(ii) by striking ``There are'' and
inserting the following:
``(7) Authorization of appropriations.--There are'';
(4) in subsection (d)--
(A) in paragraph (4)--
(i) in the paragraph heading, by striking
``High-assay low-enriched'' and inserting
``High-assay, low-enriched''; and
(ii) by striking ``high-assay low-
enriched'' and inserting ``high-assay, low-
enriched'';
(B) by redesignating paragraphs (1) through (6) as
paragraphs (3), (4), (6), (7), (8), and (9),
respectively;
(C) by inserting before paragraph (3) (as so
redesignated) the following:
``(1) Advanced nuclear reactor.--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)).
``(2) Advanced nuclear reactor end-user.--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--
``(A) 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
``(B) a member of the consortium established under
subsection (b)(2)(F).'';
(D) by inserting after paragraph (4) (as so
redesignated) the following:
``(5) Department.--The term `Department' means the
Department of Energy.''; and
(E) by striking paragraph (6) (as so redesignated)
and inserting the following:
``(6) HALEU.--The term `HALEU' means high-assay, low-
enriched uranium.'';
(5) by striking ``HA-LEU'' each place it appears and
inserting ``HALEU'';
(6) 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));
(7) by striking subsection (c);
(8) 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;
(9) by inserting after subsection (b) (as so redesignated)
the following:
``(c) Commercial HALEU Availability.--
``(1) Establishment.--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.
``(2) Purposes.--The purposes of the program are--
``(A) 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;
``(B) to address nuclear fuel supply chain gaps and
deficiencies in the United States; and
``(C) to support strategic nuclear fuel supply
chain capabilities in the United States.
``(3) Considerations.--In carrying out the program, the
Secretary shall consider and, as appropriate, execute--
``(A) 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--
``(i) December 31, 2027; or
``(ii) the earliest operationally feasible
date thereafter;
``(B) options that provide for an array of HALEU--
``(i) enrichment levels;
``(ii) output levels to meet demand; and
``(iii) fuel forms; and
``(C) options to establish, through a competitive
process, a HALEU Bank--
``(i) to replenish, as necessary,
Department stockpiles of uranium used in
carrying out activities under subsection (d);
``(ii) 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
``(iii) 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).
``(4) Authorization of appropriations.--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.
``(d) HALEU for Advanced Nuclear Reactor Demonstration Projects.--
``(1) Activities.--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.
``(2) Ownership.--HALEU made available under this
subsection shall--
``(A) remain the property of, and title shall
remain with, the Department; and
``(B) not be subject to the requirements of section
3113 of the USEC Privatization Act (42 U.S.C. 2297h-
11).
``(3) Quantity.--In carrying out activities under this
subsection, the Secretary shall make available--
``(A) by September 30, 2024, not less than 3 metric
tons of HALEU;
``(B) by December 31, 2025, not less than an
additional 8 metric tons of HALEU; and
``(C) by June 30, 2026, not less than an additional
10 metric tons of HALEU.
``(4) Factors for consideration.--In carrying out
activities under this subsection, the Secretary shall take into
consideration--
``(A) options for providing HALEU from a stockpile
of uranium owned by the Department (including the
National Nuclear Security Administration), including--
``(i) fuel that--
``(I) directly meets the needs of
advanced nuclear reactor end-users; but
``(II) has been previously used or
fabricated for another purpose;
``(ii) 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);
``(iii) 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
``(iv) 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;
``(B) 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
``(C) 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).
``(5) Limitation.--The Secretary shall not barter or
otherwise sell or transfer uranium in any form in exchange for
services relating to--
``(A) 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
``(B) environmental cleanup activities.
``(6) Authorization of appropriations.--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.
``(7) Sunset.--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.
``(e) Cost Recovery.--
``(1) In general.--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).
``(2) Availability of certain funds.--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--
``(A) 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
``(B) shall remain available until expended.
``(f) Exclusion.--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--
``(1) is owned or controlled by the Government of the
Russian Federation or the Government of the People's Republic
of China; or
``(2) is organized under the laws of, or otherwise subject
to the jurisdiction of, the Russian Federation or the People's
Republic of China.''; and
(10) by adding at the end the following:
``(h) Briefing.--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--
``(1) summarizes the reports required by subsection (g);
``(2) summarizes the planning of the Department for the
storage and disposal of waste products resulting from the
production and use of HALEU; and
``(3) summarizes the ability of uranium suppliers to
provide uranium for advanced nuclear reactor fuel, including--
``(A) uranium that has been produced prior to the
date of enactment of the Fueling Our Nuclear Future Act
of 2022;
``(B) the sufficiency of existing uranium
production to meet the needs described in this section;
``(C) an assessment of the countries from which the
Unites States currently imports uranium, including the
form and annual quantity;
``(D) the impact of increased reliance on domestic
uranium production, conversion, and enrichment to
sustain the continued operation of existing nuclear
reactors; and
``(E) the need for increased domestic uranium
production to meet the needs described this section.''.
SEC. 4. TRANSFER OF FUNDS FROM THE UNITED STATES ENRICHMENT CORPORATION
FUND.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the United States
Enrichment Corporation Fund established by section 1308 of the
Atomic Energy Act of 1954 (68 Stat. 921, chapter 1073; 106
Stat. 2929) (repealed by section 3116(a)(1) of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public
Law 104-134; 110 Stat. 1321-349)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Authorization of Transfer of Amounts.--
(1) In general.--All amounts in the Fund as of the date of
enactment of this Act are authorized to be transferred and
merged with the amounts authorized to be appropriated to the
Secretary to carry out subsections (c) and (d) of section 2001
of the Energy Act of 2020 (42 U.S.C. 16281).
(2) Allocation.--Of the amounts authorized to be
transferred under paragraph (1)--
(A) 50 percent is authorized to be appropriated to
carry out subsection (c) of that section; and
(B) 50 percent is authorized to be appropriated to
carry out subsection (d) of that section.
(3) Application.--Any amounts made available to the
Secretary under subparagraph (A) or (B) of paragraph (2)--
(A) shall be considered to be part of the amounts
authorized to be appropriated to the Secretary under
subsection (c)(4) or (d)(6), respectively, of section
2001 of the Energy Act of 2020 (42 U.S.C. 16281); and
(B) shall remain available until expended.
(c) Termination of Fund.--The Fund shall terminate on completion of
the transfer under subsection (b)(1).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Energy and Commerce, 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.
Referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Energy and Commerce, 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.
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