I 

118TH CONGRESS 

1ST SESSION H. R. 5718 

To require the Secretary of Energy to establish a Nuclear Fuel Security 

Program, expand the American Assured Fuel Supply Program, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2023 

Mr. LATTA (for himself, Mr. CLYBURN, Mr. BALDERSON, and Ms. KUSTER) 

introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, 

and Technology, 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 require the Secretary of Energy to establish a Nuclear 

Fuel Security Program, expand the American Assured 

Fuel Supply Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Fuel Security 

5 Act of 2023’’. 


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1 SEC. 2. U.S. NUCLEAR FUEL SECURITY INITIATIVE. 

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that— 

4 (1) the Department should— 

5 (A) support increased domestic production 

6 of low-enriched uranium; and 

7 (B) accelerate efforts to establish a domes8 tic high-assay, low-enriched uranium enrich9 ment capability; and 

10 (2) if domestic enrichment of high-assay, low11 enriched uranium will not be commercially available 

12 at the scale needed in time to meet the needs of the 

13 advanced nuclear reactor demonstration projects of 

14 the Department, the Secretary shall consider and 

15 implement, as necessary— 

16 (A) all viable options to make high-assay, 

17 low-enriched uranium produced from inven18 tories owned by the Department available in a 

19 manner that is sufficient to maximize the po20 tential for the Department to meet the needs 

21 and schedules of advanced nuclear reactor de22 velopers, without impacting existing Depart23 ment missions, until such time that commercial 

24 enrichment and deconversion capability for 

25 high-assay, low-enriched uranium exists at a 

26 scale sufficient to meet future needs; and 


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1 (B) all viable options for partnering with 

2 countries that are allies or partners of the 

3 United States to meet those needs and sched4 ules until that time. 

5 (b) OBJECTIVES.—The objectives of this section 

6 are— 

7 (1) to support domestic production of low-en8 riched uranium; 

9 (2) to expeditiously increase domestic produc10 tion of high-assay, low-enriched uranium by an an11 nual quantity, and in such form, determined by the 

12 Secretary to be sufficient to meet the needs of— 

13 (A) advanced nuclear reactor developers; 

14 and 

15 (B) the consortium; 

16 (3) to ensure the availability of domestically 

17 produced, converted, enriched, deconverted, and re18 duced uranium in a quantity determined by the Sec19 retary, in consultation with U.S. nuclear energy 

20 companies, to be sufficient to address a reasonably 

21 anticipated supply disruption; 

22 (4) to address gaps and deficiencies in the do23 mestic production, conversion, enrichment, 

24 deconversion, and reduction of uranium by 

25 partnering with countries that are allies or partners 


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1 of the United States if domestic options are not 

2 practicable; 

3 (5) to ensure that, in the event of a supply dis4 ruption in the nuclear fuel market, a reserve of nu5 clear fuels is available to serve as a backup supply 

6 to support the nuclear nonproliferation and civil nu7 clear energy objectives of the Department; 

8 (6) to support enrichment, deconversion, and 

9 reduction technology deployed in the United States; 

10 and 

11 (7) to ensure that, until such time that domes12 tic enrichment and deconversion of high-assay, low13 enriched uranium is commercially available at the 

14 scale needed to meet the needs of advanced nuclear 

15 reactor developers, the Secretary considers and im16 plements, as necessary— 

17 (A) all viable options to make high-assay, 

18 low-enriched uranium produced from inven19 tories owned by the Department available in a 

20 manner that is sufficient to maximize the po21 tential for the Department to meet the needs 

22 and schedules of advanced nuclear reactor de23 velopers; and 

24 (B) all viable options for partnering with 

25 countries that are allies or partners of the 


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1 United States to meet those needs and sched2 ules. 

3 (c) DEFINITIONS.—In this section: 

4 (1) ADVANCED NUCLEAR REACTOR.—The term 

5 ‘‘advanced nuclear reactor’’ has the meaning given 

6 the term in section 951(b) of the Energy Policy Act 

7 of 2005 (42 U.S.C. 16271(b)). 

8 (2) ASSOCIATED ENTITY.—The term ‘‘associ9 ated entity’’ means an entity that— 

10 (A) is owned, controlled, or dominated 

11 by— 

12 (i) the government of a country that 

13 is an ally or partner of the United States; 

14 or 

15 (ii) an associated individual; or 

16 (B) is organized under the laws of, or oth17 erwise subject to the jurisdiction of, a country 

18 that is an ally or partner of the United States, 

19 including a corporation that is incorporated in 

20 such a country. 

21 (3) ASSOCIATED INDIVIDUAL.—The term ‘‘asso22 ciated individual’’ means an alien who is a national 

23 of a country that is an ally or partner of the United 

24 States. 


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1 (4) CONSORTIUM.—The term ‘‘consortium’’ 

2 means the consortium established under section 

3 2001(a)(2)(F) of the Energy Act of 2020 (42 U.S.C. 

4 16281(a)(2)(F)). 

5 (5) DEPARTMENT.—The term ‘‘Department’’ 

6 means the Department of Energy. 

7 (6) HIGH-ASSAY, LOW-ENRICHED URANIUM; 

8 HALEU.—The term ‘‘high-assay, low-enriched ura9 nium’’ or ‘‘HALEU’’ means high-assay low-enriched 

10 uranium (as defined in section 2001(d) of the En11 ergy Act of 2020 (42 U.S.C. 16281(d))). 

12 (7) LOW-ENRICHED URANIUM; LEU.—The term 

13 ‘‘low-enriched uranium’’ or ‘‘LEU’’ means each of— 

14 (A) low-enriched uranium (as defined in 

15 section 3102 of the USEC Privatization Act 

16 (42 U.S.C. 2297h)); and 

17 (B) low-enriched uranium (as defined in 

18 section 3112A(a) of that Act (42 U.S.C. 

19 2297h–10a(a))). 

20 (8) PROGRAMS.—The term ‘‘Programs’’ 

21 means— 

22 (A) the Nuclear Fuel Security Program es23 tablished under subsection (d)(1); 

24 (B) the American Assured Fuel Supply 

25 Program of the Department; and 


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1 (C) the HALEU for Advanced Nuclear Re2 actor Demonstration Projects Program estab3 lished under subsection (d)(3). 

4 (9) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Energy. 

6 (10) U.S. NUCLEAR ENERGY COMPANY.—The 

7 term ‘‘U.S. nuclear energy company’’ means a com8 pany that— 

9 (A) is organized under the laws of, or oth10 erwise subject to the jurisdiction of, the United 

11 States; and 

12 (B) is involved in the nuclear energy indus13 try. 

14 (d) ESTABLISHMENT AND EXPANSION OF PRO15 GRAMS.—The Secretary, consistent with the objectives de16 scribed in subsection (b), shall— 

17 (1) establish a program, to be known as the 

18 ‘‘Nuclear Fuel Security Program’’, to increase the 

19 quantity of HALEU and, if determined to be nec20 essary after completion of a market evaluation, LEU 

21 produced by U.S. nuclear energy companies; 

22 (2) expand the American Assured Fuel Supply 

23 Program of the Department to ensure the avail24 ability of domestically produced, converted, enriched, 


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1 deconverted, and reduced uranium in the event of a 

2 supply disruption; and 

3 (3) establish a program, to be known as the 

4 ‘‘HALEU for Advanced Nuclear Reactor Dem5 onstration Projects Program’’— 

6 (A) to maximize the potential for the De7 partment to meet the needs and schedules of 

8 advanced nuclear reactor developers until such 

9 time that commercial enrichment and 

10 deconversion capability for HALEU exists in 

11 the United States at a scale sufficient to meet 

12 future needs; and 

13 (B) where practicable, to partner with 

14 countries that are allies or partners of the 

15 United States to meet those needs and sched16 ules until that time. 

17 (e) NUCLEAR FUEL SECURITY PROGRAM.— 

18 (1) IN GENERAL.—In carrying out the Nuclear 

19 Fuel Security Program, the Secretary— 

20 (A) shall— 

21 (i) if determined to be necessary or 

22 appropriate based on the completion of a 

23 market evaluation, not later than 90 days 

24 after the date of enactment of this Act, 

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1 cial agreements, milestone-based payments, 

2 or other mechanisms, to support commer3 cial availability of LEU and to promote di4 versity of supply in domestic uranium min5 ing, conversion, enrichment, and 

6 deconversion capacity and technologies, in7 cluding new capacity, among U.S. nuclear 

8 energy companies; 

9 (ii) not later than 180 days after the 

10 date of enactment of this Act, enter into 2 

11 or more contracts with members of the 

12 consortium to begin acquiring not less than 

13 20 metric tons per year of HALEU by De14 cember 31, 2027 (or the earliest operation15 ally feasible date thereafter), from U.S. 

16 nuclear energy companies; 

17 (iii) utilize only uranium produced, 

18 converted, enriched, deconverted, and re19 duced in— 

20 (I) the United States; or 

21 (II) if domestic options are not 

22 practicable, a country that is an ally 

23 or partner of the United States; and 

24 (iv) to the maximum extent prac25 ticable, ensure that the use of domestic 


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1 uranium utilized as a result of that pro2 gram does not negatively affect the eco3 nomic operation of nuclear reactors in the 

4 United States; and 

5 (B)(i) may not make commitments under 

6 this subsection (including cooperative agree7 ments (used in accordance with section 6305 of 

8 title 31, United States Code), purchase agree9 ments, guarantees, leases, service contracts, or 

10 any other type of commitment) for the purchase 

11 or other acquisition of HALEU or LEU un12 less— 

13 (I) funds are specifically provided for 

14 those purposes in advance in appropria15 tions Acts enacted after the date of enact16 ment of this Act; or 

17 (II) the commitment is funded en18 tirely by funds made available to the Sec19 retary from the account described in sub20 section (i)(2)(B); and 

21 (ii) may make a commitment described in 

22 clause (i) only— 

23 (I) if the full extent of the anticipated 

24 costs stemming from the commitment is 


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1 recorded as an obligation at the time that 

2 the commitment is made; and 

3 (II) to the extent of that up-front ob4 ligation recorded in full at that time. 

5 (2) CONSIDERATIONS.—In carrying out para6 graph (1)(A)(ii), the Secretary shall consider and, if 

7 appropriate, implement— 

8 (A) options to ensure the quickest avail9 ability of commercially enriched HALEU, in10 cluding— 

11 (i) partnerships between 2 or more 

12 commercial enrichers; and 

13 (ii) utilization of up to 10-percent en14 riched uranium as feedstock in demonstra15 tion-scale or commercial HALEU enrich16 ment facilities; 

17 (B) options to partner with countries that 

18 are allies or partners of the United States to 

19 provide LEU and HALEU for commercial pur20 poses; 

21 (C) options that provide for an array of 

22 HALEU— 

23 (i) enrichment levels; 

24 (ii) output levels to meet demand; and 


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1 (iii) fuel forms, including uranium 

2 metal and oxide; and 

3 (D) options— 

4 (i) to replenish, as necessary, Depart5 ment stockpiles of uranium that were in6 tended to be downblended for other pur7 poses, but were instead used in carrying 

8 out activities under the HALEU for Ad9 vanced Nuclear Reactor Demonstration 

10 Projects Program; 

11 (ii) to continue supplying HALEU to 

12 meet the needs of the recipients of an 

13 award made pursuant to the funding op14 portunity announcement of the Depart15 ment numbered DE–FOA–0002271 for 

16 Pathway 1, Advanced Reactor Demonstra17 tions; and 

18 (iii) to make HALEU available to 

19 other advanced nuclear reactor developers 

20 and other end-users. 

21 (3) AVOIDANCE OF MARKET DISRUPTIONS.—In 

22 carrying out the Nuclear Fuel Security Program, the 

23 Secretary, to the extent practicable and consistent 

24 with the purposes of that program, shall not disrupt 


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1 or replace market mechanisms by competing with 

2 U.S. nuclear energy companies. 

3 (f) EXPANSION OF THE AMERICAN ASSURED FUEL

4 SUPPLY PROGRAM.—The Secretary, in consultation with 

5 U.S. nuclear energy companies, shall— 

6 (1) expand the American Assured Fuel Supply 

7 Program of the Department by merging the oper8 ations of the Uranium Reserve Program of the De9 partment with the American Assured Fuel Supply 

10 Program; and 

11 (2) in carrying out the American Assured Fuel 

12 Supply Program of the Department, as expanded 

13 under paragraph (1)— 

14 (A) maintain, replenish, diversify, or in15 crease the quantity of uranium made available 

16 by that program in a manner determined by the 

17 Secretary to be consistent with the purposes of 

18 that program and the objectives described in 

19 subsection (b); 

20 (B) utilize only uranium produced, con21 verted, enriched, deconverted, and reduced in— 

22 (i) the United States; or 

23 (ii) if domestic options are not prac24 ticable, a country that is an ally or partner 

25 of the United States; 


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1 (C) make uranium available from the 

2 American Assured Fuel Supply, subject to 

3 terms and conditions determined by the Sec4 retary to be reasonable and appropriate; 

5 (D) refill and expand the supply of ura6 nium in the American Assured Fuel Supply, in7 cluding by maintaining a limited reserve of ura8 nium to address a potential event in which a 

9 domestic or foreign recipient of uranium experi10 ences a supply disruption for which uranium 

11 cannot be obtained through normal market 

12 mechanisms or under normal market conditions; 

13 and 

14 (E) take other actions that the Secretary 

15 determines to be necessary or appropriate to 

16 address the purposes of that program and the 

17 objectives described in subsection (b). 

18 (g) HALEU FOR ADVANCED NUCLEAR REACTOR

19 DEMONSTRATION PROJECTS PROGRAM.— 

20 (1) ACTIVITIES.—On enactment of this Act, the 

21 Secretary shall immediately accelerate and, as nec22 essary, initiate activities to make available from in23 ventories or stockpiles owned by the Department and 

24 made available to the consortium, HALEU for use 

25 in advanced nuclear reactors that cannot operate on 


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1 uranium with lower enrichment levels or on alternate 

2 fuels, with priority given to the awards made pursu3 ant to the funding opportunity announcement of the 

4 Department numbered DE–FOA–0002271 for Path5 way 1, Advanced Reactor Demonstrations, with ad6 ditional HALEU to be made available to other ad7 vanced nuclear reactor developers, as the Secretary 

8 determines to be appropriate. 

9 (2) QUANTITY.—In carrying out activities 

10 under this subsection, the Secretary shall consider 

11 and implement, as necessary, all viable options to 

12 make HALEU available in quantities and forms suf13 ficient to maximize the potential for the Department 

14 to meet the needs and schedules of advanced nuclear 

15 reactor developers, including by seeking to make 

16 available— 

17 (A) by September 30, 2024, not less than 

18 3 metric tons of HALEU; 

19 (B) by December 31, 2025, not less than 

20 an additional 8 metric tons of HALEU; and 

21 (C) by June 30, 2026, not less than an ad22 ditional 10 metric tons of HALEU. 

23 (3) FACTORS FOR CONSIDERATION.—In car24 rying out activities under this subsection, the Sec25 retary shall take into consideration— 


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1 (A) options for providing HALEU from a 

2 stockpile of uranium owned by the Department, 

3 including— 

4 (i) uranium that has been declared ex5 cess to national security needs during or 

6 prior to fiscal year 2023; 

7 (ii) uranium that— 

8 (I) directly meets the needs of 

9 advanced nuclear reactor developers; 

10 but 

11 (II) has been previously used or 

12 fabricated for another purpose; 

13 (iii) uranium that can meet the needs 

14 of advanced nuclear reactor developers 

15 after removing radioactive or other con16 taminants that resulted from previous use 

17 or fabrication of the fuel for research, de18 velopment, demonstration, or deployment 

19 activities of the Department, including ac20 tivities that reduce the environmental li21 ability of the Department by accelerating 

22 the processing of uranium from stockpiles 

23 designated as waste; 

24 (iv) uranium from a high-enriched 

25 uranium stockpile, which can be blended 


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1 with lower assay uranium to become 

2 HALEU to meet the needs of advanced 

3 nuclear reactor developers; and 

4 (v) uranium from stockpiles intended 

5 for other purposes (excluding stockpiles in6 tended for national security needs), but for 

7 which uranium could be swapped or re8 placed in time in such a manner that 

9 would not negatively impact the missions 

10 of the Department; 

11 (B) options for expanding, or establishing 

12 new, capabilities or infrastructure to support 

13 the processing of uranium from Department in14 ventories; 

15 (C) options for accelerating the availability 

16 of HALEU from HALEU enrichment dem17 onstration projects of the Department; 

18 (D) options for providing HALEU from 

19 domestically enriched HALEU procured by the 

20 Department through a competitive process pur21 suant to the Nuclear Fuel Security Program es22 tablished under subsection (d)(1); 

23 (E) options to replenish, as needed, De24 partment stockpiles of uranium made available 

25 pursuant to subparagraph (A) with domestically 


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1 enriched HALEU procured by the Department 

2 through a competitive process pursuant to the 

3 Nuclear Fuel Security Program established 

4 under subsection (d)(1); and 

5 (F) options that combine 1 or more of the 

6 approaches described in subparagraphs (A) 

7 through (E) to meet the deadlines described in 

8 paragraph (2). 

9 (4) LIMITATIONS.— 

10 (A) CERTAIN SERVICES.—The Secretary 

11 shall not barter or otherwise sell or transfer 

12 uranium in any form in exchange for services 

13 relating to— 

14 (i) the final disposition of radioactive 

15 waste from uranium that is the subject of 

16 a contract for sale, resale, transfer, or 

17 lease under this subsection; or 

18 (ii) environmental cleanup activities. 

19 (B) CERTAIN COMMITMENTS.—In carrying 

20 out activities under this subsection, the Sec21 retary— 

22 (i) may not make commitments under 

23 this subsection (including cooperative 

24 agreements (used in accordance with sec25 tion 6305 of title 31, United States Code), 


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1 purchase agreements, guarantees, leases, 

2 service contracts, or any other type of com3 mitment) for the purchase or other acquisi4 tion of HALEU or LEU unless— 

5 (I) funds are specifically provided 

6 for those purposes in advance in ap7 propriations Acts enacted after the 

8 date of enactment of this Act; or 

9 (II) the commitment is funded 

10 entirely by funds made available to 

11 the Secretary from the account de12 scribed in subsection (i)(2)(B); and 

13 (ii) may make a commitment de14 scribed in clause (i) only— 

15 (I) if the full extent of the antici16 pated costs stemming from the com17 mitment is recorded as an obligation 

18 at the time that the commitment is 

19 made; and 

20 (II) to the extent of that up-front 

21 obligation recorded in full at that 

22 time. 

23 (5) SUNSET.—The authority of the Secretary to 

24 carry out activities under this subsection shall termi25 nate on the earlier of— 


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1 (A) the date on which the Secretary noti2 fies Congress that the HALEU needs of ad3 vanced nuclear reactor developers can be fully 

4 met by commercial HALEU suppliers in the 

5 United States, as determined by the Secretary, 

6 in consultation with U.S. nuclear energy compa7 nies; and 

8 (B) September 30, 2034. 

9 (h) DOMESTIC SOURCING CONSIDERATIONS.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the Secretary may only carry out an ac12 tivity in connection with 1 or more of the Programs 

13 if— 

14 (A) the activity promotes manufacturing in 

15 the United States associated with uranium sup16 ply chains; or 

17 (B) the activity relies on resources, mate18 rials, or equipment developed or produced— 

19 (i) in the United States; or 

20 (ii) in a country that is an ally or 

21 partner of the United States by— 

22 (I) the government of that coun23 try; 

24 (II) an associated entity; or 


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1 (III) a U.S. nuclear energy com2 pany. 

3 (2) WAIVER.—The Secretary may waive the re4 quirements of paragraph (1) with respect to an ac5 tivity if the Secretary determines a waiver to be nec6 essary to achieve 1 or more of the objectives de7 scribed in subsection (b). 

8 (i) REASONABLE COMPENSATION.— 

9 (1) IN GENERAL.—In carrying out activities 

10 under this section, the Secretary shall ensure that 

11 any LEU and HALEU made available by the Sec12 retary under 1 or more of the Programs is subject 

13 to reasonable compensation, taking into account the 

14 fair market value of the LEU or HALEU and the 

15 purposes of this section. 

16 (2) AVAILABILITY OF CERTAIN FUNDS.— 

17 (A) IN GENERAL.—Notwithstanding sec18 tion 3302(b) of title 31, United States Code, 

19 revenues received by the Secretary from the 

20 sale or transfer of fuel feed material acquired 

21 by the Secretary pursuant to a contract entered 

22 into under clause (i) or (ii) of subsection 

23 (e)(1)(A) shall— 

24 (i) be deposited in the account de25 scribed in subparagraph (B); 


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1 (ii) be available to the Secretary for 

2 carrying out the purposes of this section, 

3 to reduce the need for further appropria4 tions for those purposes; and 

5 (iii) remain available until expended. 

6 (B) REVOLVING FUND.—There is estab7 lished in the Treasury an account into which 

8 the revenues described in subparagraph (A) 

9 shall be— 

10 (i) deposited in accordance with clause 

11 (i) of that subparagraph; and 

12 (ii) made available in accordance with 

13 clauses (ii) and (iii) of that subparagraph. 

14 (j) NUCLEAR REGULATORY COMMISSION.—The Nu15 clear Regulatory Commission shall prioritize and expedite 

16 consideration of any action related to the Programs to the 

17 extent permitted under the Atomic Energy Act of 1954 

18 (42 U.S.C. 2011 et seq.) and related statutes. 

19 (k) USEC PRIVATIZATION ACT.—The requirements 

20 of section 3112(d)(2) of the USEC Privatization Act (42 

21 U.S.C. 2297h–10(d)(2)) shall not apply to activities re22 lated to the Programs. 

23 (l) NATIONAL SECURITY NEEDS.—The Secretary 

24 shall only make available to a member of the consortium 

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1 onstration project material that the President has deter2 mined is not necessary for national security needs, subject 

3 to the condition that the material made available shall not 

4 include any material that the Secretary determines to be 

5 necessary for the National Nuclear Security Administra6 tion or any critical mission of the Department. 

7 (m) INTERNATIONAL AGREEMENTS.—This section 

8 shall be applied in a manner consistent with the obliga9 tions of the United States under international agreements. 

Æ 


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