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House passes bill excluding some spent fuel reprocessing from production facility definition

  • Covers reprocessing that does not isolate plutonium
  • Passed the House of Representatives Nov. 9, 2026
Illustrative photo: a nuclear power plantPhoto: Unsplash - Roger Starnes Sr
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What changed The bill would replace the words "separating the isotopes of uranium or enriching uranium in the isotope 235" in Section 11 v. of the Atomic Energy Act of 1954 with "(A) separating isotopes of uranium or enriching uranium in the isotope 235; or (B) reprocessing spent nuclear fuel in a manner that does not isolate plutonium".

— The U.S. House of Representatives on Nov. 9, 2026, passed H.R. 3978, a bill that would amend the definition of "production facility" in the Atomic Energy Act of 1954 to exclude equipment or devices capable of reprocessing spent nuclear fuel in a manner that does not separate plutonium from other transuranic elements.

The exclusion covers equipment or devices capable of reprocessing spent nuclear fuel "in a manner that does not separate plutonium from other transuranic elements," according to the bill's title.

The bill may be cited as the Nuclear REFUEL (Recycling Efficient Fuels Utilizing Expedited Licensing) Act, according to its text.

Section 2 of the bill would amend Section 11 v. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(v)) by inserting "or reprocessing" after "uranium enrichment."

The section would also replace the words "separating the isotopes of uranium or enriching uranium in the isotope 235" with a two-part provision covering separating isotopes of uranium or enriching uranium in the isotope 235, or "reprocessing spent nuclear fuel in a manner that does not isolate plutonium."

The bill is in the 119th Congress, 2nd Session, according to the engrossed text.

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