I 
118TH CONGRESS 
1ST SESSION H. R. 1086 
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 
FEBRUARY 17, 2023 
Mr. LATTA 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Fuel Security 
Act’’. 
SEC. 2. U.S. NUCLEAR FUEL SECURITY INITIATIVE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
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(1) the Department should— 
(A) prioritize activities to increase domes-
tic production of low-enriched uranium; and 
(B) accelerate efforts to establish a domes-
tic high-assay, low-enriched uranium enrich-
ment capability; and 
(2) if domestic enrichment of high-assay, 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 Department, the Secretary shall consider and 
implement, as necessary— 
(A) all viable options to make high-assay, 
low-enriched uranium produced from inven-
tories owned by the Department available in a 
manner that is sufficient to maximize the po-
tential for the Department to meet the needs 
and schedules of advanced nuclear reactor de-
velopers, without impacting existing Depart-
ment missions, until such time that commercial 
enrichment and deconversion capability for 
high-assay, low-enriched uranium exists at a 
scale sufficient to meet future needs; and 
(B) all viable options for partnering with 
countries that are allies or partners of the 
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United States to meet those needs and sched-
ules until that time. 
(b) OBJECTIVES.—The objectives of this section 
are— 
(1) to expeditiously increase domestic produc-
tion of low-enriched uranium; 
(2) to expeditiously increase domestic produc-
tion of high-assay, low-enriched uranium by an an-
nual quantity, and in such form, determined by the 
Secretary to be sufficient to meet the needs of— 
(A) advanced nuclear reactor developers; 
and 
(B) the consortium; 
(3) to ensure the availability of domestically 
produced, converted, and enriched uranium in a 
quantity determined by the Secretary, in consulta-
tion with U.S. nuclear energy companies, to be suffi-
cient to address a reasonably anticipated supply dis-
ruption; 
(4) to address gaps and deficiencies in the do-
mestic 
production, 
conversion, 
enrichment, 
deconversion, 
and 
reduction 
of 
uranium 
by 
partnering with countries that are allies or partners 
of the United States if domestic options are not 
practicable; 
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(5) to ensure that, in the event of a supply dis-
ruption in the nuclear fuel market, a reserve of nu-
clear fuels is available to serve as a backup supply 
to support the nuclear nonproliferation and civil nu-
clear energy objectives of the Department; 
(6) to support enrichment, deconversion, and 
reduction technology deployed in the United States; 
and 
(7) to ensure that, until such time that domes-
tic enrichment and deconversion of high-assay, low- 
enriched uranium is commercially available at the 
scale needed to meet the needs of advanced nuclear 
reactor developers, the Secretary considers and im-
plements, as necessary— 
(A) all viable options to make high-assay, 
low-enriched uranium produced from inven-
tories owned by the Department available in a 
manner that is sufficient to maximize the po-
tential for the Department to meet the needs 
and schedules of advanced nuclear reactor de-
velopers; and 
(B) all viable options for partnering with 
countries that are allies or partners of the 
United States to meet those needs and sched-
ules. 
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(c) DEFINITIONS.—In this section: 
(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) ASSOCIATED
ENTITY.—The term ‘‘associ-
ated entity’’ means an entity that— 
(A) is owned, controlled, or dominated 
by— 
(i) the government of a country that 
is an ally or partner of the United States; 
or 
(ii) an associated individual; or 
(B) is organized under the laws of, or oth-
erwise subject to the jurisdiction of, a country 
that is an ally or partner of the United States, 
including a corporation that is incorporated in 
such a country. 
(3) ASSOCIATED INDIVIDUAL.—The term ‘‘asso-
ciated individual’’ means an alien who is a national 
of a country that is an ally or partner of the United 
States. 
(4) CONSORTIUM.—The term ‘‘consortium’’ 
means the consortium established under section 
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2001(a)(2)(F) of the Energy Act of 2020 (42 U.S.C. 
16281(a)(2)(F)). 
(5) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(6) HIGH-ASSAY, 
LOW-ENRICHED
URANIUM; 
HALEU.—The term ‘‘high-assay, low-enriched ura-
nium’’ or ‘‘HALEU’’ means high-assay low-enriched 
uranium (as defined in section 2001(d) of the En-
ergy Act of 2020 (42 U.S.C. 16281(d))). 
(7) LOW-ENRICHED URANIUM; LEU.—The term 
‘‘low-enriched uranium’’ or ‘‘LEU’’ means each of— 
(A) low-enriched uranium (as defined in 
section 3102 of the USEC Privatization Act 
(42 U.S.C. 2297h)); and 
(B) low-enriched uranium (as defined in 
section 3112A(a) of that Act (42 U.S.C. 
2297h–10a(a))). 
(8) 
PROGRAMS.—The 
term 
‘‘Programs’’ 
means— 
(A) the Nuclear Fuel Security Program es-
tablished under subsection (d)(1); 
(B) the American Assured Fuel Supply 
Program of the Department; and 
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(C) the HALEU for Advanced Nuclear Re-
actor Demonstration Projects Program estab-
lished under subsection (d)(3). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(10) U.S. NUCLEAR ENERGY COMPANY.—The 
term ‘‘U.S. nuclear energy company’’ means a com-
pany that— 
(A) is organized under the laws of, or oth-
erwise subject to the jurisdiction of, the United 
States; and 
(B) is involved in the nuclear energy indus-
try. 
(d) ESTABLISHMENT
AND
EXPANSION
OF
PRO-
GRAMS.—The Secretary, consistent with the objectives de-
scribed in subsection (b), shall— 
(1) establish a program, to be known as the 
‘‘Nuclear Fuel Security Program’’, to increase the 
quantity of LEU and HALEU produced by U.S. nu-
clear energy companies; 
(2) expand the American Assured Fuel Supply 
Program of the Department to ensure the avail-
ability of domestically produced, converted, and en-
riched uranium in the event of a supply disruption; 
and 
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(3) establish a program, to be known as the 
‘‘HALEU for Advanced Nuclear Reactor Dem-
onstration Projects Program’’— 
(A) to maximize the potential for the De-
partment 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 needs; and 
(B) where practicable, to partner with 
countries that are allies or partners of the 
United States to meet those needs and sched-
ules until that time. 
(e) NUCLEAR FUEL SECURITY PROGRAM.— 
(1) IN GENERAL.—In carrying out the Nuclear 
Fuel Security Program, the Secretary— 
(A) shall— 
(i) not later than 180 days after the 
date of enactment of this Act, enter into 2 
or more contracts to begin acquiring not 
less than 100 metric tons per year of LEU 
by December 31, 2026 (or the earliest 
operationally feasible date thereafter), to 
ensure diversity of supply in domestic ura-
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nium mining, conversion, enrichment, and 
deconversion capacity and technologies, in-
cluding new capacity, among U.S. nuclear 
energy companies; 
(ii) not later than 180 days after the 
date of enactment of this Act, enter into 2 
or more contracts with members of the 
consortium to begin acquiring not less than 
20 metric tons per year of HALEU by De-
cember 31, 2027 (or the earliest operation-
ally feasible date thereafter), from U.S. 
nuclear energy companies; 
(iii) utilize only uranium produced, 
converted, enriched, deconverted, and re-
duced in— 
(I) the United States; or 
(II) if domestic options are not 
practicable, a country that is an ally 
or partner of the United States; and 
(iv) to the maximum extent prac-
ticable, ensure that the use of domestic 
uranium utilized as a result of that pro-
gram does not negatively affect the eco-
nomic operation of nuclear reactors in the 
United States; and 
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(B)(i) may not make commitments under 
this subsection (including cooperative agree-
ments (used in accordance with section 6305 of 
title 31, United States Code), purchase agree-
ments, guarantees, leases, service contracts, or 
any other type of commitment) for the purchase 
or other acquisition of HALEU or LEU un-
less— 
(I) funds are specifically provided for 
those purposes in advance in appropria-
tions Acts enacted after the date of enact-
ment of this Act; or 
(II) the commitment is funded en-
tirely by funds made available to the Sec-
retary from the account described in sub-
section (i)(2)(B); and 
(ii) may make a commitment described in 
clause (i) only— 
(I) if the full extent of the anticipated 
costs stemming from the commitment is 
recorded as an obligation at the time that 
the commitment is made; and 
(II) to the extent of that up-front ob-
ligation recorded in full at that time. 
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(2) CONSIDERATIONS.—In carrying out para-
graph (1)(A)(ii), the Secretary shall consider and, if 
appropriate, implement— 
(A) options to ensure the quickest avail-
ability of commercially enriched HALEU, in-
cluding— 
(i) partnerships between 2 or more 
commercial enrichers; and 
(ii) utilization of up to 10-percent en-
riched uranium as feedstock in demonstra-
tion-scale or commercial HALEU enrich-
ment facilities; 
(B) options to partner with countries that 
are allies or partners of the United States to 
provide LEU and HALEU for commercial pur-
poses; 
(C) options that provide for an array of 
HALEU— 
(i) enrichment levels; 
(ii) output levels to meet demand; and 
(iii) fuel forms, including uranium 
metal and oxide; and 
(D) options— 
(i) to replenish, as necessary, Depart-
ment stockpiles of uranium that was in-
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tended to be downblended for other pur-
poses, but was instead used in carrying out 
activities under the HALEU for Advanced 
Nuclear Reactor Demonstration Projects 
Program; 
(ii) to continue supplying HALEU to 
meet the needs of the recipients of an 
award made pursuant to the funding op-
portunity announcement of the Depart-
ment numbered DE–FOA–0002271 for 
Pathway 1, Advanced Reactor Demonstra-
tions; and 
(iii) to make HALEU available to 
other advanced nuclear reactor developers 
and other end-users. 
(3) AVOIDANCE OF MARKET DISRUPTIONS.—In 
carrying out the Nuclear Fuel Security Program, the 
Secretary, to the extent practicable and consistent 
with the purposes of that program, shall not disrupt 
or replace market mechanisms by competing with 
U.S. nuclear energy companies. 
(f) EXPANSION OF THE AMERICAN ASSURED FUEL 
SUPPLY PROGRAM.—The Secretary, in consultation with 
U.S. nuclear energy companies, shall— 
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(1) expand the American Assured Fuel Supply 
Program of the Department by merging the oper-
ations of the Uranium Reserve Program of the De-
partment with the American Assured Fuel Supply 
Program; and 
(2) in carrying out the American Assured Fuel 
Supply Program of the Department, as expanded 
under paragraph (1)— 
(A) maintain, replenish, diversify, or in-
crease 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 (b); 
(B) utilize only uranium produced, con-
verted, enriched, deconverted, and reduced in— 
(i) the United States; or 
(ii) if domestic options are not prac-
ticable, a country that is an ally or partner 
of the United States; 
(C) make uranium available from the 
American Assured Fuel Supply, subject to 
terms and conditions determined by the Sec-
retary to be reasonable and appropriate; 
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(D) refill and expand the supply of ura-
nium in the American Assured Fuel Supply, in-
cluding by maintaining a limited reserve of ura-
nium to address a potential event in which a 
domestic or foreign recipient of uranium experi-
ences a supply disruption for which uranium 
cannot be obtained through normal market 
mechanisms or under normal market conditions; 
and 
(E) 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 (b). 
(g) HALEU FOR ADVANCED NUCLEAR REACTOR 
DEMONSTRATION PROJECTS PROGRAM.— 
(1) ACTIVITIES.—On enactment of this Act, the 
Secretary shall immediately accelerate and, as nec-
essary, initiate activities to make available from in-
ventories or stockpiles owned by the Department and 
made available to the consortium, HALEU for use 
in advanced nuclear reactors that cannot operate on 
uranium with lower enrichment levels or on alternate 
fuels, with priority given to the awards made pursu-
ant to the funding opportunity announcement of the 
Department numbered DE–FOA–0002271 for Path-
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way 1, Advanced Reactor Demonstrations, with ad-
ditional HALEU to be made available to other ad-
vanced nuclear reactor developers, as the Secretary 
determines to be appropriate. 
(2) QUANTITY.—In carrying out activities 
under this subsection, the Secretary shall consider 
and implement, as necessary, all viable options to 
make HALEU available in quantities and forms suf-
ficient to maximize the potential for the Department 
to meet the needs and schedules of advanced nuclear 
reactor developers, including by seeking to 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 ad-
ditional 10 metric tons of HALEU. 
(3) FACTORS
FOR
CONSIDERATION.—In car-
rying out activities under this subsection, the Sec-
retary shall take into consideration— 
(A) options for providing HALEU from a 
stockpile of uranium owned by the Department, 
including— 
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(i) uranium that has been declared ex-
cess to national security needs during or 
prior to fiscal year 2022; 
(ii) uranium that— 
(I) directly meets the needs of 
advanced nuclear reactor developers; 
but 
(II) has been previously used or 
fabricated for another purpose; 
(iii) uranium that can meet the needs 
of advanced nuclear reactor developers 
after removing radioactive or other con-
taminants that resulted from previous use 
or fabrication of the fuel for research, de-
velopment, demonstration, or deployment 
activities of the Department, including ac-
tivities that reduce the environmental li-
ability of the Department by accelerating 
the processing of uranium from stockpiles 
designated as waste; 
(iv) uranium 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 developers; and 
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(v) uranium from stockpiles intended 
for other purposes (excluding stockpiles in-
tended for national security needs), but for 
which uranium could be swapped or re-
placed in time in such a manner that 
would not negatively impact the missions 
of the Department; 
(B) options for expanding, or establishing 
new, capabilities or infrastructure to support 
the processing of uranium from Department in-
ventories; 
(C) options for accelerating the availability 
of HALEU from HALEU enrichment dem-
onstration projects of the Department; 
(D) options for providing HALEU from 
domestically enriched HALEU procured by the 
Department through a competitive process pur-
suant to the Nuclear Fuel Security Program es-
tablished under subsection (d)(1); 
(E) options to replenish, as needed, De-
partment stockpiles of uranium made available 
pursuant to subparagraph (A) with domestically 
enriched HALEU procured by the Department 
through a competitive process pursuant to the 
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Nuclear Fuel Security Program established 
under subsection (d)(1); and 
(F) options that combine 1 or more of the 
approaches described in subparagraphs (A) 
through (E) to meet the deadlines described in 
paragraph (2). 
(4) LIMITATIONS.— 
(A) CERTAIN
SERVICES.—The Secretary 
shall not barter or otherwise sell or transfer 
uranium in any form in exchange for services 
relating to— 
(i) 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 
(ii) environmental cleanup activities. 
(B) CERTAIN COMMITMENTS.—In carrying 
out activities under this subsection, the Sec-
retary— 
(i) may not make commitments under 
this 
subsection 
(including 
cooperative 
agreements (used in accordance with sec-
tion 6305 of title 31, United States Code), 
purchase agreements, guarantees, leases, 
service contracts, or any other type of com-
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mitment) for the purchase or other acquisi-
tion of HALEU or LEU unless— 
(I) funds are specifically provided 
for those purposes in advance in ap-
propriations Acts enacted after the 
date of enactment of this Act; or 
(II) the commitment is funded 
entirely by funds made available to 
the Secretary from the account de-
scribed in subsection (i)(2)(B); and 
(ii) may make a commitment de-
scribed in clause (i) only— 
(I) if the full extent of the antici-
pated costs stemming from the com-
mitment is recorded as an obligation 
at the time that the commitment is 
made; and 
(II) to the extent of that up-front 
obligation recorded in full at that 
time. 
(5) SUNSET.—The authority of the Secretary to 
carry out activities under this subsection shall termi-
nate on the date on which the Secretary notifies 
Congress that the HALEU needs of advanced nu-
clear reactor developers can be fully met by commer-
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cial HALEU suppliers in the United States, as de-
termined by the Secretary, in consultation with U.S. 
nuclear energy companies. 
(h) DOMESTIC SOURCING CONSIDERATIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may only carry out an ac-
tivity in connection with 1 or more of the Programs 
if— 
(A) the activity promotes manufacturing in 
the United States associated with uranium sup-
ply chains; or 
(B) the activity relies on resources, mate-
rials, or equipment developed or produced— 
(i) in the United States; or 
(ii) in a country that is an ally or 
partner of the United States by— 
(I) the government of that coun-
try; 
(II) an associated entity; or 
(III) a U.S. nuclear energy com-
pany. 
(2) WAIVER.—The Secretary may waive the re-
quirements of paragraph (1) with respect to an ac-
tivity if the Secretary determines a waiver to be nec-
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essary to achieve 1 or more of the objectives de-
scribed in subsection (b). 
(i) REASONABLE COMPENSATION.— 
(1) IN
GENERAL.—In carrying out activities 
under this section, the Secretary shall ensure that 
any LEU and HALEU made available by the Sec-
retary under 1 or more of the Programs is subject 
to reasonable compensation, taking into account the 
fair market value of the LEU or HALEU and the 
purposes of this section. 
(2) AVAILABILITY OF CERTAIN FUNDS.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 3302(b) of title 31, United States Code, 
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 (i) or (ii) of subsection 
(e)(1)(A) shall— 
(i) be deposited in the account de-
scribed in subparagraph (B); 
(ii) be available to the Secretary for 
carrying out the purposes of this section, 
to reduce the need for further appropria-
tions for those purposes; and 
(iii) remain available until expended. 
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(B) REVOLVING
FUND.—There is estab-
lished in the Treasury an account into which 
the revenues described in subparagraph (A) 
shall be— 
(i) deposited in accordance with clause 
(i) of that subparagraph; and 
(ii) made available in accordance with 
clauses (ii) and (iii) of that subparagraph. 
(j) NUCLEAR REGULATORY COMMISSION.—The Nu-
clear 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. 
(k) USEC PRIVATIZATION ACT.—The requirements 
of section 3112(d)(2) of the USEC Privatization Act (42 
U.S.C. 2297h–10(d)(2)) shall not apply to activities re-
lated to the Programs. 
(l) 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 dem-
onstration project material that the President has deter-
mined is not necessary for national security needs, subject 
to the condition that the material made available shall not 
include any material that the Secretary determines to be 
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necessary for the National Nuclear Security Administra-
tion or any critical mission of the Department. 
(m) INTERNATIONAL AGREEMENTS.—This section 
shall be applied in a manner consistent with the obliga-
tions of the United States under international agreements. 
Æ 
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