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-en-
riched 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 dem-
onstration 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— 
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(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (E), by striking 
‘‘for domestic commercial use’’ and insert-
ing ‘‘to meet the needs of commercial, gov-
ernment, academic, and international enti-
ties’’; 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 nu-
merical 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 ‘‘sub-
section (b)(2)(F)’’; and 
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(D) in subparagraph (D)(vi), by striking 
‘‘subsection (a)(2)(A)’’ and inserting ‘‘sub-
section (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 in-
serting the following: 
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are’’; 
(4) in subsection (d)— 
(A) in paragraph (4)— 
(i) in the paragraph heading, by strik-
ing ‘‘HIGH-ASSAY LOW-ENRICHED’’ and in-
serting ‘‘HIGH-ASSAY, 
LOW-ENRICHED’’; 
and 
(ii) by striking ‘‘high-assay low-en-
riched’’ and inserting ‘‘high-assay, low-en-
riched’’; 
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(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 Pol-
icy 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 nu-
clear reactor, including— 
‘‘(A) the recipient of an award made pur-
suant 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 estab-
lished 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 
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(E) by striking paragraph (6) (as so redes-
ignated) and inserting the following: 
‘‘(6) HALEU.—The term ‘HALEU’ means 
high-assay, low-enriched uranium.’’; 
(5) by striking ‘‘HA–LEU’’ each place it ap-
pears and inserting ‘‘HALEU’’; 
(6) by moving paragraph (7) of subsection (c) 
(as designated by paragraph (3)(B)(ii)) so as to ap-
pear after paragraph (6) of subsection (a) (as redes-
ignated 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 alphabet-
ical order; 
(9) by inserting after subsection (b) (as so re-
designated) the following: 
‘‘(c) COMMERCIAL HALEU AVAILABILITY.— 
‘‘(1) ESTABLISHMENT.—Not later than 30 days 
after the date of enactment of the Fueling Our Nu-
clear Future Act of 2022, the Secretary, acting 
through the Assistant Secretary for Nuclear Energy, 
shall establish a program (referred to in this sub-
section as the ‘program’) to accelerate the avail-
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ability 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, en-
riched, 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 sup-
ply chain capabilities in the United States. 
‘‘(3) CONSIDERATIONS.—In carrying out the 
program, the Secretary shall consider and, as appro-
priate, execute— 
‘‘(A) options to establish, through a com-
petitive 
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; 
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‘‘(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 com-
petitive process, a HALEU Bank— 
‘‘(i) to replenish, as necessary, De-
partment 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 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 
members of the consortium established 
under subsection (b)(2)(F), after address-
ing the needs described in clauses (i) and 
(ii). 
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‘‘(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 Fuel-
ing Our Nuclear Future Act of 2022, the Secretary 
shall immediately accelerate and, as necessary, ini-
tiate 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 oppor-
tunity announcement of the Department numbered 
DE–FOA–0002271 for Pathway 1, Advanced Reac-
tor Demonstrations, with additional HALEU to be 
made available to members of the consortium estab-
lished 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 
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‘‘(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 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 the National Nuclear Security Ad-
ministration), 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; 
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‘‘(ii) fuel that can meet the needs of 
advanced nuclear reactor end-users after 
removing radioactive or other contami-
nants that resulted from a previous use or 
fabrication of the fuel for research, devel-
opment, demonstration, or deployment ac-
tivities of the Department (including ac-
tivities of the National Nuclear Security 
Administration); 
‘‘(iii) fuel from a high-enriched ura-
nium 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 in-
tended for other purposes, but for which 
uranium could be swapped or replaced in 
time in such a manner that would not neg-
atively impact the missions of the Depart-
ment; 
‘‘(B) options for providing HALEU from 
domestically enriched HALEU procured by the 
Department through a competitive process pur-
suant to the HALEU Bank established under 
subsection (c)(3)(C); and 
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‘‘(C) 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 
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 ter-
minate on the date on which the HALEU needs of 
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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.—Not-
withstanding 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 pro-
vide funding for, uranium that is recovered, downblended, 
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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 other-
wise subject to the jurisdiction of, the Russian Fed-
eration 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 Com-
mittee 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 sub-
section (g); 
‘‘(2) summarizes the planning of the Depart-
ment for the storage and disposal of waste products 
resulting from the production and use of HALEU; 
and 
‘‘(3) summarizes the ability of uranium sup-
pliers to provide uranium for advanced nuclear reac-
tor fuel, including— 
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‘‘(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 ura-
nium, 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 ura-
nium 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 estab-
lished 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 Con-
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solidated 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 au-
thorized 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 appro-
priated to carry out subsection (c) of that sec-
tion; and 
(B) 50 percent is authorized to be appro-
priated to carry out subsection (d) of that sec-
tion. 
(3) APPLICATION.—Any amounts made avail-
able 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), re-
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spectively, 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 termi-
nate on completion of the transfer under subsection (b)(1). 
Æ 
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