(2) in clause (ii), by inserting ‘‘or’’ after ‘‘this 
section,’’; and 
(3) by adding at the end the following: 
‘‘(iii) is a critical energy resource facility 
(as defined in section 608 of the Securing 
America’s Mineral Supply Chains Act of 
2022),’’. 
SEC. 604. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY 
RESOURCE FACILITIES. 
The Administrator of the Environmental Protection 
Agency shall, as necessary, revise regulations under parts 
70 and 71 of title 40, Code of Federal Regulations, to— 
(1) authorize the owner or operator of a critical 
energy resource facility to utilize flexible air permit-
ting (as described in the final rule titled ‘‘Operating 
Permit Programs; Flexible Air Permitting Rule’’ 
published by the Environmental Protection Agency 
in the Federal Register on October 6, 2009 (74 Fed. 
Reg. 51418)) with respect to such critical energy re-
source facility; and 
(2) facilitate flexible, market-responsive oper-
ations (as described in the final rule identified in 
paragraph (1)) with respect to critical energy re-
source facilities. 
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SEC. 605. AMENDMENT TO THE DEPARTMENT OF ENERGY 
ORGANIZATION ACT. 
The Department of Energy Organization Act (42 
U.S.C. 7101 et seq.) is amended— 
(1) in section 2, by adding at the end the fol-
lowing: 
‘‘(d) As used in sections 102(20) and 203(a)(12), the 
term ‘critical energy resource’ means any energy resource 
that— 
‘‘(1) is essential to the energy sector and energy 
systems of the United States; and 
‘‘(2) the supply chain of which is vulnerable to 
disruption.’’; 
(2) in section 102, by adding at the end the fol-
lowing: 
‘‘(20) To ensure there is an adequate and reli-
able supply of critical energy resources that are es-
sential to the energy security of the United States.’’; 
and 
(3) in section 203(a), by adding at the end the 
following: 
‘‘(12) Functions that relate to securing the sup-
ply of critical energy resources, including identifying 
and mitigating the effects of a disruption of such 
supply on— 
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‘‘(A) the development and use of energy 
technologies; and 
‘‘(B) the operation of energy systems.’’. 
SEC. 606. SECURING CRITICAL ENERGY RESOURCE SUPPLY 
CHAINS. 
In carrying out the requirements of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), the 
Secretary of Energy, in consultation with the appropriate 
Federal agencies, representatives of the energy sector, 
States, and other stakeholders, shall— 
(1) conduct ongoing assessments of— 
(A) energy resource criticality based on the 
importance of critical energy resources to the 
development of energy technologies and the sup-
ply of energy; 
(B) the critical energy resource supply 
chain of the United States; and 
(C) the vulnerability of such supply chain; 
(2) strengthen critical energy resource supply 
chains in the United States, including by— 
(A) diversifying the sources of the supply 
of critical energy resources; and 
(B) increasing domestic production, sepa-
ration, and processing of critical energy re-
sources; 
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(3) develop substitutes and alternatives to crit-
ical energy resources; 
(4) improve technology that reuses and recycles 
critical energy resources; and 
(5) evaluate how the energy security of the 
United States is affected by the reliance of the 
United States on importing critical energy resources. 
SEC. 607. PROGRAMS TO RESTORE DOMESTIC URANIUM 
SUPPLY SERVICES. 
(a) NATIONAL STRATEGIC URANIUM RESERVE.— 
(1) PROGRAM.—On the date of enactment of 
this Act, the Secretary shall begin carrying out, 
using amounts transferred under paragraph (6), a 
program to operate a national strategic uranium re-
serve, to ensure the availability of uranium produced 
and converted in the United States and for other 
purposes described in paragraph (2), in accordance 
with this subsection. 
(2) PURPOSES.—The purposes of the Uranium 
Reserve are— 
(A) to ensure the availability of domesti-
cally produced and converted uranium in the 
event of a supply disruption; 
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(B) to address domestic nuclear fuel sup-
ply chain gaps and deficiencies in uranium pro-
duction and conversion; and 
(C) to support strategic nuclear fuel supply 
chain capabilities in the United States. 
(3) ACTIVITIES.—In operating the Uranium 
Reserve, the Secretary shall— 
(A) operate the Uranium Reserve in a 
manner consistent with the recommendations in 
the document entitled ‘‘Restoring America’s 
Competitive Nuclear Energy Advantage: A 
Strategy to Assure U.S. National Security’’, re-
leased by the United States Nuclear Fuel 
Working Group in 2020; 
(B) acquire uranium produced and con-
verted in the United States for storage in the 
Uranium Reserve in sufficient amounts to sus-
tain the continued operation of nuclear reactors 
in the United States in the event of a supply 
disruption; 
(C) make uranium available from the Ura-
nium Reserve as needed, in a manner consistent 
with the cost recovery requirements described in 
paragraph (4); and 
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(D) if uranium is made available from the 
Uranium Reserve under subparagraph (C), re-
plenish the Uranium Reserve in a manner con-
sistent with the requirements of this subsection. 
(4) COST RECOVERY.— 
(A) IN GENERAL.—In carrying out activi-
ties under this subsection, the Secretary shall 
ensure that any uranium acquired, provided, or 
made available through the Uranium Reserve is 
subject to cost recovery based on the fair mar-
ket value of the applicable uranium. 
(B) AVAILABILITY OF CERTAIN FUNDS.— 
Notwithstanding section 3302 of title 31, 
United States Code, revenues received from the 
sale or transfer of uranium and other activities 
related to making uranium available pursuant 
to this subsection— 
(i) shall be available to the Depart-
ment for carrying out the purposes of this 
subsection, to reduce the need for further 
appropriations for such purposes; and 
(ii) shall remain available until ex-
pended. 
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(5) EXCLUSION.—The Secretary shall exclude 
from the Uranium Reserve uranium from an entity 
that— 
(A) is owned or controlled by the Govern-
ment of the Russian Federation or the Govern-
ment of the People’s Republic of China; or 
(B) is organized under the laws of, or oth-
erwise subject to the jurisdiction of, the Rus-
sian Federation or the People’s Republic of 
China. 
(6) FUNDING TRANSFER.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the amounts described in 
subparagraph (B) shall be transferred to the 
Office of Nuclear Energy of the Department for 
the purpose of carrying out the program de-
scribed in paragraph (1) by— 
(i) continuing the activities initiated 
by the Department, including the National 
Nuclear Security Administration, using the 
amounts described in the proviso referred 
to in that subparagraph; 
(ii) carrying out other activities con-
sistent with the purposes for which the 
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amounts described in that proviso were 
originally made available; and 
(iii) carrying out activities in accord-
ance with this subsection. 
(B) AMOUNTS DESCRIBED.—The amounts 
referred to in subparagraph (A) are the 
amounts that remain available as of the date of 
enactment of this Act from the $75,000,000 
that shall be used for the Uranium Reserve 
Program described in the first proviso under 
the heading ‘‘WEAPONS ACTIVITIES’’ under the 
heading ‘‘NATIONAL NUCLEAR SECURITY 
ADMINISTRATION’’ 
under 
the 
heading 
‘‘ATOMIC ENERGY DEFENSE ACTIVI-
TIES’’ in title III of division D of the Consoli-
dated Appropriations Act, 2021 (Public Law 
116–260; 134 Stat. 1369), that were made 
available to the Department by that Act. 
(C) CLARIFICATION.—Subparagraph (A) 
does not affect any amounts made available to 
the Department, including the National Nuclear 
Security Administration, that are not described 
in the proviso referred to in subparagraph (B). 
(b) DOMESTIC URANIUM AVAILABILITY.— 
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(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
retary shall establish and carry out a program (re-
ferred to in this subsection as the ‘‘program’’) to en-
sure the availability of uranium produced, converted, 
and enriched in the United States. 
(2) PURPOSES.—The purposes of the program 
shall be— 
(A) to eliminate reliance on Russian ura-
nium; 
(B) to address domestic nuclear fuel sup-
ply chain gaps and deficiencies; and 
(C) to ensure the availability of domesti-
cally produced, converted, and enriched ura-
nium to support the continued operation of nu-
clear reactors in the United States. 
(3) CONSIDERATIONS.—In carrying out the pro-
gram, the Secretary shall consider, and, as appro-
priate, execute options— 
(A) to establish, through a competitive 
process, new and, as appropriate, diverse do-
mestic uranium mining, conversion, and enrich-
ment capacity that is needed to replace ura-
nium imported from Russia; 
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(B) to activate and expand the American 
Assured Fuel Supply to meet domestic and 
international nuclear fuel supply needs; 
(C) to restock the American Assured Fuel 
Supply, including by utilizing, or merging with, 
the Uranium Reserve; 
(D) that do not disrupt or replace market 
mechanisms; and 
(E) that ensure the use of domestic ura-
nium utilized as a result of the program does 
not negatively impact the economic operation of 
nuclear reactors in the United States. 
(4) EXCLUSION.—The Secretary shall exclude 
from the program uranium from an entity that— 
(A) is owned or controlled by the Govern-
ment of the Russian Federation or the Govern-
ment of the People’s Republic of China; or 
(B) is organized under the laws of, or oth-
erwise subject to the jurisdiction of, the Rus-
sian Federation or the People’s Republic of 
China. 
(c) CONTRACTS.—The Secretary may acquire ura-
nium for the program carried out under subsection (a) or 
the program carried out under subsection (b) through the 
use of any— 
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(1) competitive selection process that the Sec-
retary determines to be appropriate to achieve the 
purposes described in subsection (a) or subsection 
(b) in an expeditious manner; and 
(2) contract or other arrangement of such dura-
tion as the Secretary determines to be appropriate 
to achieve any such purposes. 
(d) USEC PRIVATIZATION ACT.—The requirements 
of section 3112 of the USEC Privatization Act (42 U.S.C. 
2297h–10) shall not apply to any activity carried out 
under the program carried out under subsection (a) or the 
program carried out under subsection (b). 
(e) DEFINITIONS.—In this section: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy, acting through the Assist-
ant Secretary for Nuclear Energy. 
(3) URANIUM RESERVE.—The term ‘‘Uranium 
Reserve’’ means the national strategic uranium re-
serve operated pursuant to the program described in 
subsection (a)(1). 
SEC. 608. DEFINITIONS. 
In this title: 
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(1) CRITICAL ENERGY RESOURCE.—The term 
‘‘critical energy resource’’ has the meaning given 
such term in section 2(d) of the Department of En-
ergy Organization Act (42 U.S.C. 7101(d)), as 
added by section 605 of this title. 
(2) CRITICAL ENERGY RESOURCE FACILITY.— 
The term ‘‘critical energy resource facility’’ means a 
facility that processes or refines a critical energy re-
source. 
Æ 
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