Program

(a)

Establishment

The Secretary shall establish and carry out, through the Office of Nuclear Energy, a program to support the availability of HA–LEU for domestic commercial use. (b)

Program elements

In carrying out the program under subsection (a), the Secretary— (1)may provide financial assistance to assist commercial entities to design and license transportation packages for HA–LEU, including canisters for metal, gas, and other HA–LEU compositions; (2)shall, to the extent practicable— (A)by January 1, 2021, have commercial entities submit such transportation package designs to the Commission for certification by the Commission under part 71 of title 10, Code of Federal Regulations; and (B)encourage the Commission to have such transportation package designs so certified by the Commission by January 1, 2023; (3)not later than January 1, 2020, shall submit to Congress a report on the Department’s uranium inventory that may be available to be processed to HA–LEU for purposes of such program; (4)not later than one year after the date of enactment of this Act, and biennially thereafter through September 30, 2025, shall conduct a survey of stakeholders to estimate the quantity of HA–LEU necessary for domestic commercial use for each of the five subsequent years; (5)shall assess options available for the Secretary to acquire HA–LEU for such program, including an assessment, for each such option, of the cost and amount of time required; (6)shall establish a consortium, which may include entities involved in any stage of the nuclear fuel cycle, to partner with the Department to support the availability of HA–LEU for domestic commercial use, including by— (A)providing information to the Secretary for purposes of surveys conducted under paragraph (4); and (B)purchasing HA–LEU made available to members of the consortium by the Secretary under the program; (7)shall, prior to acquiring HA–LEU under paragraph (8), in coordination with the consortium established pursuant to paragraph (6), develop a schedule for cost recovery of HA–LEU made available to members of the consortium pursuant to paragraph (8); (8)may, beginning not later than 3 years after the establishment of a consortium under paragraph (6), acquire HA–LEU, in order, to the extent practicable, to make such HA–LEU available to members of the consortium beginning not later than January 1, 2025, in amounts that are consistent, to the extent practicable, with the quantities estimated under the surveys conducted under paragraph (4); and (9)shall develop, in consultation with the Commission, criticality benchmark data to assist the Commission in— (A)the licensing and regulation of category II spent nuclear material fuel fabrication and enrichment facilities under part 70 of title 10, Code of Federal Regulations; and (B)certification of transportation packages under part 71 of title 10, Code of Federal Regulations. (c)

Applicability of USEC Privatization Act

Section 3112(d)(2) of the USEC Privatization Act (42 U.S.C. 2297h–10(d)(2)) shall not apply to a sale or transfer of HA–LEU by the Secretary to a member of the consortium under this section. (d)

Funding for transportation package design

(1)

Cost share

The Secretary shall ensure that not less than 20 percent of the costs of design and license activities carried out pursuant to subsection (b)(1) are paid by a non-Federal entity. (2)

Authorization of appropriations

There are authorized to be appropriated to carry out subsection (b)(1)— (A)$1,500,000 for fiscal year 2019; (B)$1,500,000 for fiscal year 2020; and (C)$1,500,000 for fiscal year 2021. (e)

Sunset

The authority of the Secretary to carry out the program under this section shall expire on September 30, 2033.