#aagth ,,congress #b;d ,session ,s4 #cdbh ,,an ,,act ,to require the ,secretary of ,energy to establish a ,nuclear ,fuel ,security ,program1 expand the ,american ,assured ,fuel ,supply ,program1 and submit a report on a civil nuclear credit program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fission for the ,future ,act4 #b4 ,u4,s4 nuclear fuels security initiative 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,department should-- 7,a7 prioritize activities to increase domestic production of low-enriched uranium2 and 7,b7 accelerate efforts to establish a domestic high-assay1 low-enriched uranium enrichment capability2 and 7#b7 if domestic enrichment of high-assay1 low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the ,department1 the ,secretary shall consider and implement1 as necessary-- 7,a7 all viable options to make high-assay1 low-enriched uranium produced from inventories owned by the ,department available in a manner that is sufficient to maximize the potential for the ,department to meet the needs and schedules of advanced nuclear reactor developers1 without impacting existing ,department missions1 until such time that commercial enrichment and deconversion capability for high-assay1 low-enriched uranium exists at a scale sufficient to meet future needs2 and 7,b7 all viable options for partnering with countries that are allies or partners of the ,united ,states to meet those needs and schedules until that time4 7b7 ,objectives ,the objectives of this section are-- 7#a7 to expeditiously increase domestic production of low-enriched uranium2 7#b7 to expeditiously increase domestic production of high-assay1 low-enriched uranium by an annual quantity1 and in such form1 determined by the ,secretary to be sufficient to meet the needs of-- 7,a7 advanced nuclear reactor developers2 and 7,b7 the consortium2 7#c7 to ensure the availability of domestically produced1 converted1 and enriched uranium in a quantity determined by the ,secretary1 in consultation with ,u4,s4 nuclear energy companies1 to be sufficient to address a reasonably anticipated supply disruption2 7#d7 to address gaps and deficiencies in the domestic production1 conversion1 enrichment1 deconversion1 and reduction of uranium by partnering with countries that are allies or partners of the ,united ,states if domestic options are not practicable2 7#e7 to ensure that1 in the event of a supply disruption in the nuclear fuel market1 a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the ,department2 7#f7 to support enrichment1 deconversion1 and reduction technology deployed in the ,united ,states2 and 7#g7 to ensure that1 until such time that domestic enrichment and deconversion of high-assay1 low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers1 the ,secretary considers and implements1 as necessary-- 7,a7 all viable options to make high-assay1 low-enriched uranium produced from inventories owned by the ,department available in a manner that is sufficient to maximize the potential for the ,department to meet the needs and schedules of advanced nuclear reactor developers2 and 7,b7 all viable options for partnering with countries that are allies or partners of the ,united ,states to meet those needs and schedules4 7c7 ,definitions ,in this section3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor has the meaning given the term in section #iea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7;b774 7#b7 ,associated entity ,the term associated entity means an entity that-- 7,a7 is owned1 controlled1 or dominated by-- 7i7 the government of a country that is an ally or partner of the ,united ,states2 or 7ii7 an associated individual2 or 7,b7 is organized under the laws of1 or otherwise subject to the jurisdiction of1 a country that is an ally or partner of the ,united ,states1 including a corporation that is incorporated in such a country4 7#c7 ,associated individual ,the term associated individual means an alien who is a national of a country that is an ally or partner of the ,united ,states4 7#d7 ,consortium ,the term consortium means the consortium established under section #bjja7;a77#b77;,f7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha7;a77#b77;,f774 7#e7 ,department ,the term ,department means the ,department of ,energy4 7#f7 ,high-assay1 low-enriched uranium2 ,,haleu ,the term high-assay1 low-enriched uranium or ,,haleu means high-assay low-enriched uranium 7as defined in section #bjja7;d7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha7;d7774 7#g7 ,low-enriched uranium2 ,,leu ,the term low-enriched uranium or ,,leu means each of-- 7,a7 low-enriched uranium 7as defined in section #cajb of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h772 and 7,b7 low-enriched uranium 7as defined in section #caab;,a7a7 of that ,act 7#db ,u4,s4,c4 #bbig;h-#aj;a7a7774 7#h7 ,programs ,the term ,programs means-- 7,a7 the ,nuclear ,fuel ,security ,program established under subsection 7d77#a72 7,b7 the ,american ,assured ,fuel ,supply ,program of the ,department2 and 7,c7 the ,,haleu for ,advanced ,nuclear ,reactor ,demonstration ,projects ,program established under subsection 7d77#c74 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#aj7 ,u4,s4 nuclear energy company ,the term ,u4,s4 nuclear energy company means a company that-- 7,a7 is organized under the laws of1 or otherwise subject to the jurisdiction of1 the ,united ,states2 and 7,b7 is involved in the nuclear energy industry4 7d7 ,establishment and expansion of programs ,the ,secretary1 consistent with the objectives described in subsection 7b71 shall-- 7#a7 establish a program1 to be known as the ,nuclear ,fuel ,security ,program1 to increase the quantity of ,,leu and ,,haleu produced by ,u4,s4 nuclear energy companies2 7#b7 expand the ,american ,assured ,fuel ,supply ,program of the ,department to ensure the availability of domestically produced1 converted1 and enriched uranium in the event of a supply disruption2 and 7#c7 establish a program1 to be known as the ,,haleu for ,advanced ,nuclear ,reactor ,demonstration ,projects ,program-- 7,a7 to maximize the potential for the ,department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for ,,haleu exists in the ,united ,states at a scale sufficient to meet future needs2 and 7,b7 where practicable1 to partner with countries that are allies or partners of the ,united ,states to meet those needs and schedules until that time4 7e7 ,nuclear ,fuel ,security ,program 7#a7 ,in general ,in carrying out the ,nuclear ,fuel ,security ,program1 the ,secretary-- 7,a7 shall-- 7i7 not later than #ahj days after the date of enactment of this ,act1 enter into #b or more contracts to begin acquiring not less than #ajj metric tons per year of ,,leu by ,december #ca1 #bjbf 7or the earliest operationally feasible date thereafter71 to ensure diverse domestic uranium mining1 conversion1 enrichment1 and deconversion capacity and technologies1 including new capacity1 among ,u4,s4 nuclear energy companies2 7ii7 not later than #ahj days after the date of enactment of this ,act1 enter into #b or more contracts with members of the consortium to begin acquiring not less than #bj metric tons per year of ,,haleu by ,december #ca1 #bjbg 7or the earliest operationally feasible date thereafter71 from ,u4,s4 nuclear energy companies2 7iii7 utilize only uranium produced1 converted1 enriched1 deconverted1 and reduced in-- 7,i7 the ,united ,states2 or 7,,ii7 if domestic options are not practicable1 a country that is an ally or partner of the ,united ,states2 and 7iv7 to the maximum extent practicable1 ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the ,united ,states2 and 7,b7 7i7 may not make commitments under this subsection 7including cooperative agreements 7used in accordance with section #fcje of title #ca1 ,united ,states ,code71 purchase agreements1 guarantees1 leases1 service contracts1 or any other type of commitment7 for the purchase or other acquisition of ,,haleu or ,,leu unless-- 7,i7 funds are specifically provided for those purposes in advance in appropriations ,acts enacted after the date of enactment of this ,act2 or 7,,ii7 the commitment is funded entirely by funds made available to the ,secretary from the account described in subsection 7i77#b77;,b72 and 7ii7 may make a commitment described in clause 7i7 only-- 7,i7 if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made2 and 7,,ii7 to the extent of that up-front obligation recorded in full at that time4 7#b7 ,considerations ,in carrying out paragraph 7#a77;,a77ii71 the ,secretary shall consider and1 if appropriate1 implement-- 7,a7 options to ensure the quickest availability of commercially enriched ,,haleu1 including-- 7i7 partnerships between #b or more commercial enrichers2 and 7ii7 utilization of up to #aj-percent enriched uranium as feedstock in demonstration-scale or commercial ,,haleu enrichment facilities2 7,b7 options to partner with countries that are allies or partners of the ,united ,states to provide ,,leu and ,,haleu for commercial purposes2 7,c7 options that provide for an array of ,,haleu-- 7i7 enrichment levels2 7ii7 output levels to meet demand2 and 7iii7 fuel forms1 including uranium metal and oxide2 and 7,d7 options-- 7i7 to replenish1 as necessary1 ,department stockpiles of uranium that was intended to be downblended for other purposes1 but was instead used in carrying out activities under the ,,haleu for ,advanced ,nuclear ,reactor ,demonstration ,projects ,program2 7ii7 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-#jjjbbga for ,pathway #a1 ,advanced ,reactor ,demonstrations2 and 7iii7 to make ,,haleu available to other advanced nuclear reactor developers and other end-users4 7#c7 ,avoidance of market disruptions ,in carrying out the ,nuclear ,fuel ,security ,program1 the ,secretary1 to the extent practicable and consistent with the purposes of that program1 shall not disrupt or replace market mechanisms by competing with ,u4,s4 nuclear energy companies4 7f7 ,expansion of the ,american ,assured ,fuel ,supply ,program ,the ,secretary1 in consultation with ,u4,s4 nuclear energy companies1 shall-- 7#a7 expand the ,american ,assured ,fuel ,supply ,program of the ,department by merging the operations of the ,uranium ,reserve ,program of the ,department with the ,american ,assured ,fuel ,supply ,program2 and 7#b7 in carrying out the ,american ,assured ,fuel ,supply ,program of the ,department1 as expanded under paragraph 7#a7-- 7,a7 maintain1 replenish1 diversify1 or increase the quantity of uranium made available by that program in a manner determined by the ,secretary to be consistent with the purposes of that program and the objectives described in subsection 7b72 7,b7 utilize only uranium produced1 converted1 and enriched in-- 7i7 the ,united ,states2 or 7ii7 if domestic options are not practicable1 a country that is an ally or partner of the ,united ,states2 7,c7 make uranium available from the ,american ,assured ,fuel ,supply1 subject to terms and conditions determined by the ,secretary to be reasonable and appropriate2 7,d7 refill and expand the supply of uranium in the ,american ,assured ,fuel ,supply1 including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions2 and 7,e7 take other actions that the ,secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection 7b74 7g7 ,,haleu for ,advanced ,nuclear ,reactor ,demonstration ,projects ,program 7#a7 ,activities ,on enactment of this ,act1 the ,secretary shall immediately accelerate and1 as necessary1 initiate activities to make available from inventories or stockpiles owned by the ,department and made available to the consortium1 ,,haleu for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels1 with priority given to the awards made pursuant to the funding opportunity announcement of the ,department numbered ,,de-,,foa-#jjjbbga for ,pathway #a1 ,advanced ,reactor ,demonstrations1 with additional ,,haleu to be made available to other advanced nuclear reactor developers1 as the ,secretary determines to be appropriate4 7#b7 ,quantity ,in carrying out activities under this subsection1 the ,secretary shall consider and implement1 as necessary1 all viable options to make ,,haleu available in quantities sufficient to maximize the potential for the ,department to meet the needs and schedules of advanced nuclear reactor developers1 including by seeking to make available-- 7,a7 by ,september #cj1 #bjbd1 not less than #c metric tons of ,,haleu2 7,b7 by ,december #ca1 #bjbe1 not less than an additional #h metric tons of ,,haleu2 and 7,c7 by ,june #cj1 #bjbf1 not less than an additional #aj metric tons of ,,haleu4 7#c7 ,factors for consideration ,in carrying out activities under this subsection1 the ,secretary shall take into consideration-- 7,a7 options for providing ,,haleu from a stockpile of uranium owned by the ,department1 including-- 7i7 uranium that has been declared excess to national security needs during or prior to fiscal year #bjbb2 7ii7 uranium that-- 7,i7 directly meets the needs of advanced nuclear reactor developers2 but 7,,ii7 has been previously used or fabricated for another purpose2 7iii7 uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research1 development1 demonstration1 or deployment activities of the ,department1 including activities that reduce the environmental liability of the ,department by accelerating the processing of uranium from stockpiles designated as waste2 7iv7 uranium from a high-enriched uranium stockpile1 which can be blended with lower assay uranium to become ,,haleu to meet the needs of advanced nuclear reactor developers2 and 7v7 uranium from stockpiles intended for other purposes 7excluding stockpiles intended for national security needs71 but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the ,department2 7,b7 options for expanding1 or establishing new1 capabilities or infrastructure to support the processing of uranium from ,department inventories2 7,c7 options for accelerating the availability of ,,haleu from ,,haleu enrichment demonstration projects of the ,department2 7,d7 options for providing ,,haleu from domestically enriched ,,haleu procured by the ,department through a competitive process pursuant to the ,nuclear ,fuel ,security ,program established under subsection 7d77#a72 7,e7 options to replenish1 as needed1 ,department stockpiles of uranium made available pursuant to subparagraph 7,a7 with domestically enriched ,,haleu procured by the ,department through a competitive process pursuant to the ,nuclear ,fuel ,security ,program established under subsection 7d77#a72 and 7,f7 options that combine #a or more of the approaches described in subparagraphs 7,a7 through 7,e7 to meet the deadlines described in paragraph 7#b74 7#d7 ,limitations 7,a7 ,certain services ,the ,secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to-- 7i7 the final disposition of radioactive waste from uranium that is the subject of a contract for sale1 resale1 transfer1 or lease under this subsection2 or 7ii7 environmental cleanup activities4 7,b7 ,certain commitments ,in carrying out activities under this subsection1 the ,secretary-- 7i7 may not make commitments under this subsection 7including cooperative agreements 7used in accordance with section #fcje of title #ca1 ,united ,states ,code71 purchase agreements1 guarantees1 leases1 service contracts1 or any other type of commitment7 for the purchase or other acquisition of ,,haleu or ,,leu unless-- 7,i7 funds are specifically provided for those purposes in advance in appropriations ,acts enacted after the date of enactment of this ,act2 or 7,,ii7 the commitment is funded entirely by funds made available to the ,secretary from the account described in subsection 7i77#b77;,b72 and 7ii7 may make a commitment described in clause 7i7 only-- 7,i7 if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made2 and 7,,ii7 to the extent of that up-front obligation recorded in full at that time4 7#e7 ,sunset ,the authority of the ,secretary to carry out activities under this subsection shall terminate on the date on which the ,secretary notifies ,congress that the ,,haleu needs of advanced nuclear reactor developers can be fully met by commercial ,,haleu suppliers in the ,united ,states1 as determined by the ,secretary1 in consultation with ,u4,s4 nuclear energy companies4 7h7 ,domestic sourcing considerations 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary may only carry out an activity in connection with #a or more of the ,programs if-- 7,a7 the activity promotes manufacturing in the ,united ,states associated with uranium supply chains2 or 7,b7 the activity relies on resources1 materials1 or equipment developed or produced-- 7i7 in the ,united ,states2 or 7ii7 in a country that is an ally or partner of the ,united ,states by-- 7,i7 the government of that country2 7,,ii7 an associated entity2 or 7,,iii7 a ,u4,s4 nuclear energy company4 7#b7 ,waiver ,the ,secretary may waive the requirements of paragraph 7#a7 with respect to an activity if the ,secretary determines a waiver to be necessary to achieve #a or more of the objectives described in subsection 7b74 7i7 ,reasonable compensation 7#a7 ,in general ,in carrying out activities under this section1 the ,secretary shall ensure that any ,,leu and ,,haleu made available by the ,secretary under #a or more of the ,programs is subject to reasonable compensation1 taking into account the fair market value of the ,,leu or ,,haleu and the purposes of this section4 7#b7 ,availability of certain funds 7,a7 ,in general ,notwithstanding section #ccjb7;b7 of title #ca1 ,united ,states ,code1 revenues received by the ,secretary from the sale or transfer of fuel feed material acquired by the ,secretary pursuant to a contract entered into under clause 7i7 or 7ii7 of subsection 7e77#a77;,a7 shall-- 7i7 be deposited in the account described in subparagraph 7,b72 7ii7 be available to the ,secretary for carrying out the purposes of this section1 to reduce the need for further appropriations for those purposes2 and 7iii7 remain available until expended4 7,b7 ,revolving fund ,there is established in the ,treasury an account into which the revenues described in subparagraph 7,a7 shall be-- 7i7 deposited in accordance with clause 7i7 of that subparagraph2 and 7ii7 made available in accordance with clauses 7ii7 and 7iii7 of that subparagraph4 7j7 ,nuclear regulatory commission ,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 #aied 7#db ,u4,s4,c4 #bjaa et seq47 and related statutes4 7k7 ,,usec ,privatization ,act ,the requirements of section #caab of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h-#aj7 shall not apply to activities related to the ,programs4 7l7 ,national security needs ,the ,secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the ,president has determined is not necessary for national security needs1 subject to the condition that the material made available shall not include any material that the ,secretary determines to be necessary for the ,national ,nuclear ,security ,administration or any critical mission of the ,department4 7m7 ,international agreements ,this section shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 #c4 ,report on civil nuclear credit program ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the appropriate committees of ,congress a report that identifies the anticipated funding requirements for the civil nuclear credit program described in section #djcbc of the ,infrastructure ,investment and ,jobs ,act 7#db ,u4,s4,c4 #ahgec71 taking into account-- 7#a7 the zero-emission nuclear power production credit authorized by section #de,u of the ,internal ,revenue ,code of #aihf2 and 7#b7 any increased fuel costs associated with the use of domestic fuel that may arise from the implementation of that program4 ,passed the ,senate ,december #bb1 #bjbb4,secretary