,,ii #aagth ,,congress #b;d ,session ,s4 #djff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #g1 #bjbb,mr4 ,barrasso introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,energy ,act of #bjbj to require the ,secretary of ,energy to establish a program to accelerate the availability of commercially produced high-assay1 low-enriched uranium in the ,united ,states and to make high-assay1 low-enriched uranium produced from ,department of ,energy inventories available for use in advanced nuclear reactors1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fueling ,our ,nuclear ,future ,act of #bjbb4 #b4 ,sense of congress ,it is the sense of ,congress that-- 7#a7 the ,department of ,energy 7referred to in this section as the ,department7 should prioritize activities to establish a domestic high-assay1 low-enriched uranium 7referred to in this section as ,,haleu7 enrichment capability1 consistent with subsection 7c7 of section #bjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha72 7#b7 domestic ,,haleu enrichment will not be commercially available at the scale needed in time to meet the needs of advanced nuclear reactor demonstration projects2 and 7#c7 the ,department needs to make available ,,haleu1 produced from inventories owned by the ,department1 for use by advanced nuclear reactors consistent with subsection 7d7 of section #bjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha71 until such time as commercial ,,haleu enrichment capability exists consistent with that subsection4 #c4 ,,haleu for advanced nuclear reactors ,section #bjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,d7-- 7,i7 in clause 7v77,,iii71 by adding or after the semicolon at the end2 7,,ii7 by striking clause 7vi72 and 7,,iii7 by redesignating clause 7vii7 as clause 7vi72 7ii7 in subparagraph 7,e71 by striking for domestic commercial use and inserting to meet the needs of commercial1 government1 academic1 and international entities2 and 7iii7 in subparagraph 7,i71 by inserting nuclear after advanced2 7,b7 in paragraph 7#e71 in the paragraph heading1 by striking ,,ha-,,leu and inserting ,,haleu2 and 7,c7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#h7 and 7#f71 respectively1 and moving the paragraphs so as to appear in numerical order2 7#b7 in subsection 7b77#b7-- 7,a7 in the paragraph heading1 by striking ,,ha-,,leu and inserting ,,haleu2 7,b7 by striking subsection 7a77#a7 each place it appears and inserting subsection 7b77#a72 7,c7 in subparagraph 7,b77viii71 by striking subsection 7a77#b77;,f7 and inserting subsection 7b77#b77;,f72 and 7,d7 in subparagraph 7,d77vi71 by striking subsection 7a77#b77;,a7 and inserting subsection 7b77#b77;,a72 7#c7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively1 and indenting appropriately2 and 7,b7 in the matter preceding subparagraph 7,a7 7as so redesignated7-- 7i7 by striking in this section and inserting under this subsection2 and 7ii7 by striking ,there are and inserting the following3 7#g7 ,authorization of appropriations ,there are 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#d7-- 7i7 in the paragraph heading1 by striking ,high-assay low-enriched and inserting ,high-assay1 low-enriched2 and 7ii7 by striking high-assay low-enriched and inserting high-assay1 low-enriched2 7,b7 by redesignating paragraphs 7#a7 through 7#f7 as paragraphs 7#c71 7#d71 7#f71 7#g71 7#h71 and 7#i71 respectively2 7,c7 by inserting before paragraph 7#c7 7as so redesignated7 the following3 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 ,advanced nuclear reactor end-user ,the term advanced nuclear reactor end-user means an entity seeking or receiving ,,haleu under subsection 7d77#a7 for use by an advanced nuclear reactor1 including-- 7,a7 the recipient of an award made pursuant to the funding opportunity announcement of the ,department numbered ,,de-,,foa-#jjjbbga for ,pathway #a1 ,advanced ,reactor ,demonstrations2 and 7,b7 a member of the consortium established under subsection 7b77#b77;,f74 2 7,d7 by inserting after paragraph 7#d7 7as so redesignated7 the following3 7#e7 ,department ,the term ,department means the ,department of ,energy4 2 and 7,e7 by striking paragraph 7#f7 7as so redesignated7 and inserting the following3 7#f7 ,,haleu ,the term ,,haleu means high-assay1 low-enriched uranium4 2 7#e7 by striking ,,ha-,,leu each place it appears and inserting ,,haleu2 7#f7 by moving paragraph 7#g7 of subsection 7c7 7as designated by paragraph 7#c77;,b77ii77 so as to appear after paragraph 7#f7 of subsection 7a7 7as redesignated by paragraph 7#a77;,c772 7#g7 by striking subsection 7c72 7#h7 by redesignating subsections 7a71 7b71 and 7d7 as subsections 7b71 7g71 and 7a71 respectively1 and moving the subsections so as to appear in alphabetical order2 7#i7 by inserting after subsection 7b7 7as so redesignated7 the following3 7c7 ,commercial ,,haleu availability 7#a7 ,establishment ,not later than #cj days after the date of enactment of the ,fueling ,our ,nuclear ,future ,act of #bjbb1 the ,secretary1 acting through the ,assistant ,secretary for ,nuclear ,energy1 shall establish a program 7referred to in this subsection as the program7 to accelerate the availability of commercially produced ,,haleu in the ,united ,states in accordance with this subsection4 7#b7 ,purposes ,the purposes of the program are-- 7,a7 to provide for the availability of ,,haleu produced1 chemically converted1 enriched1 chemically deconverted1 and suitable for fabrication into final fuel form in the ,united ,states2 7,b7 to address nuclear fuel supply chain gaps and deficiencies in the ,united ,states2 and 7,c7 to support strategic nuclear fuel supply chain capabilities in the ,united ,states4 7#c7 ,considerations ,in carrying out the program1 the ,secretary shall consider and1 as appropriate1 execute-- 7,a7 options to establish1 through a competitive process1 a domestic commercial ,,haleu production capability of not less than #bj metric tons of ,,haleu per year1 with initial availability by-- 7i7 ,december #ca1 #bjbg2 or 7ii7 the earliest operationally feasible date thereafter2 7,b7 options that provide for an array of ,,haleu-- 7i7 enrichment levels2 7ii7 output levels to meet demand2 and 7iii7 fuel forms2 and 7,c7 options to establish1 through a competitive process1 a ,,haleu ,bank-- 7i7 to replenish1 as necessary1 ,department stockpiles of uranium used in carrying out activities under subsection 7d72 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 members of the consortium established under subsection 7b77#b77;,f71 after addressing the needs described in clauses 7i7 and 7ii74 7#d7 ,authorization of appropriations ,in addition to amounts otherwise made available 7other than amounts made available under section #d7;b7 of the ,fueling ,our ,nuclear ,future ,act of #bjbb71 there is authorized to be appropriated to the ,secretary to carry out this subsection #aej1jjj1jjj for each of fiscal years #bjbc through #bjcb4 7d7 ,,haleu for advanced nuclear reactor demonstration projects 7#a7 ,activities ,on enactment of the ,fueling ,our ,nuclear ,future ,act of #bjbb1 the ,secretary shall immediately accelerate and1 as necessary1 initiate activities to make available ,,haleu1 produced from inventories owned by the ,department1 for use by advanced nuclear reactors1 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 members of the consortium established under subsection 7b77#b77;,f71 as available4 7#b7 ,ownership ,,haleu made available under this subsection-- 7,a7 shall remain the property of1 and title shall remain with1 the ,department2 and 7,b7 shall not be subject to the requirements of section #caab7;d77#b7 and #caac of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h-#aj7;d77#b71 #bbig;h-#aa74 7#c7 ,quantity ,in carrying out activities under this subsection1 the ,secretary shall 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#d7 ,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 ,department 7including the ,national ,nuclear ,security ,administration71 including-- 7i7 fuel that-- 7,i7 directly meets the needs of advanced nuclear reactor end-users2 but 7,,ii7 has been previously used or fabricated for another purpose2 7ii7 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 research1 development1 demonstration1 or deployment activities of the ,department 7including activities of the ,national ,nuclear ,security ,administration72 7iii7 fuel 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 end-users2 and 7iv7 fuel from uranium stockpiles intended for other purposes1 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 providing ,,haleu from domestically enriched ,,haleu procured by the ,department through a competitive process pursuant to the ,,haleu ,bank established under subsection 7c77#c77;,c72 and 7,c7 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 ,,haleu ,bank established under subsection 7c77#c77;,c74 7#e7 ,limitation ,the ,secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to-- 7,a7 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 7,b7 environmental cleanup activities4 7#f7 ,authorization of appropriations ,in addition to amounts otherwise made available 7other than amounts made available under section #d7;b7 of the ,fueling ,our ,nuclear ,future ,act of #bjbb71 there is authorized to be appropriated to the ,secretary to carry out this subsection #bjj1jjj1jjj for each of fiscal years #bjbc through #bjbg4 7#g7 ,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 ,states1 as mutually agreed to by the ,secretary and advanced nuclear reactor end-users4 7e7 ,cost recovery 7#a7 ,in general ,in carrying out activities under subsections 7c7 and 7d71 the ,secretary shall ensure that any ,,haleu acquired1 provided1 or made available under those subsections for advanced nuclear reactor end-users is subject to cost recovery in accordance with subsection 7b77#b77;,g74 7#b7 ,availability of certain funds ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 revenues received from the sale or transfer of fuel feed material and other activities related to making ,,haleu available pursuant to this section-- 7,a7 shall be available to the ,department for carrying out the purposes of this section1 to reduce the need for further appropriations for those purposes2 and 7,b7 shall remain available until expended4 7f7 ,exclusion ,in carrying out activities under this section1 the ,secretary shall not make available1 or provide funding for1 uranium that is recovered1 downblended1 produced1 chemically converted1 enriched1 chemically deconverted1 or fabricated by an entity that-- 7#a7 is owned or controlled by the ,government of the ,russian ,federation or the ,government of the ,people's ,republic of ,china2 or 7#b7 is organized under the laws of1 or otherwise subject to the jurisdiction of1 the ,russian ,federation or the ,people's ,republic of ,china4 2 and 7#aj7 by adding at the end the following3 7h7 ,briefing ,not later than #ij days after the date of enactment of the ,fueling ,our ,nuclear ,future ,act of #bjbb1 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-- 7#a7 summarizes the reports required by subsection 7g72 7#b7 summarizes the planning of the ,department for the storage and disposal of waste products resulting from the production and use of ,,haleu2 and 7#c7 summarizes the ability of uranium suppliers to provide uranium for advanced nuclear reactor fuel1 including-- 7,a7 uranium that has been produced prior to the date of enactment of the ,fueling ,our ,nuclear ,future ,act of #bjbb2 7,b7 the sufficiency of existing uranium production to meet the needs described in this section2 7,c7 an assessment of the countries from which the ,unites ,states currently imports uranium1 including the form and annual quantity2 7,d7 the impact of increased reliance on domestic uranium production1 conversion1 and enrichment to sustain the continued operation of existing nuclear reactors2 and 7,e7 the need for increased domestic uranium production to meet the needs described this section4 4 #d4 ,transfer of funds from the ,united ,states ,enrichment ,corporation ,fund 7a7 ,definitions ,in this section3 7#a7 ,fund ,the term ,fund means the ,united ,states ,enrichment ,corporation ,fund established by section #acjh of the ,atomic ,energy ,act of #aied 7#fh ,stat4 #iba1 chapter #ajgc2 #ajf ,stat4 #bibi7 7repealed by section #caaf7;a77#a7 of the ,omnibus ,consolidated ,rescissions and ,appropriations ,act of #aiif 7,public ,law #ajd-acd2 #aaj ,stat4 #acba-cdi774 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,authorization of transfer of amounts 7#a7 ,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 7c7 and 7d7 of section #bjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha74 7#b7 ,allocation ,of the amounts authorized to be transferred under paragraph 7#a7-- 7,a7 #ej percent is authorized to be appropriated to carry out subsection 7c7 of that section2 and 7,b7 #ej percent is authorized to be appropriated to carry out subsection 7d7 of that section4 7#c7 ,application ,any amounts made available to the ,secretary under subparagraph 7,a7 or 7,b7 of paragraph 7#b7-- 7,a7 shall be considered to be part of the amounts authorized to be appropriated to the ,secretary under subsection 7c77#d7 or 7d77#f71 respectively1 of section #bjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha72 and 7,b7 shall remain available until expended4 7c7 ,termination of ,fund ,the ,fund shall terminate on completion of the transfer under subsection 7b77#a74