[Congressional Record Volume 164, Number 195 (Tuesday, December 11, 2018)]
[House]
[Pages H10041-H10043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 ADVANCED NUCLEAR FUEL AVAILABILITY ACT

  Mr. FLORES. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6140) to require the Secretary of Energy to establish and 
carry out a program to support the availability of HA-LEU for domestic 
commercial use, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6140

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Advanced Nuclear Fuel 
     Availability Act''.

     SEC. 2. 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, which may not include any uranium allocated by 
     the Secretary for use in support of the atomic energy defense 
     activities of the National Nuclear Security Administration;
       (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.--The 
     requirements of subparagraphs (A) and (C) of section 
     3112(d)(2) of the USEC Privatization Act (42 U.S.C. 2297h-
     10(d)(2)) shall apply to a sale or transfer of HA-LEU by the 
     Secretary to a member of the consortium under this section.
       (d) Funding.--
       (1) Transportation package design.--
       (A) 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.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out subsection (b)(1)--
       (i) $1,500,000 for fiscal year 2019;

[[Page H10042]]

       (ii) $1,500,000 for fiscal year 2020; and
       (iii) $1,500,000 for fiscal year 2021.
       (2) DOE acquisition of ha-leu.--The Secretary may not make 
     commitments under this section (including cooperative 
     agreements (used in accordance with section 6305 of title 31, 
     United States Code), purchase agreements, guarantees, leases, 
     service contracts, or any other type of commitment) for the 
     purchase or other acquisition of HA-LEU unless funds are 
     specifically provided for such purposes in advance in 
     subsequent appropriations Acts, and only to the extent that 
     the full extent of anticipated costs stemming from such 
     commitments is recorded as an obligation up front and in full 
     at the time it is made.
       (3) Other costs.--Except as otherwise provided in this 
     subsection, in carrying out this section, the Secretary shall 
     use amounts otherwise authorized to be appropriated to the 
     Secretary.
       (e) Sunset.--The authority of the Secretary to carry out 
     the program under this section shall expire on September 30, 
     2033.

     SEC. 3. REPORT TO CONGRESS.

       Not later than 12 months after the date of enactment of 
     this Act, the Commission shall submit to Congress a report 
     that includes--
       (1) identification of updates to regulations, 
     certifications, and other regulatory policies that the 
     Commission determines are necessary in order for HA-LEU to be 
     commercially available, including--
       (A) guidance for material control and accountability of 
     category II special nuclear material;
       (B) certifications relating to transportation packaging for 
     HA-LEU; and
       (C) licensing of enrichment, conversion, and fuel 
     fabrication facilities for HA-LEU, and associated physical 
     security plans for such facilities;
       (2) a description of such updates; and
       (3) a timeline to complete such updates.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (2) Department.--The term ``Department'' means Department 
     of Energy.
       (3) HA-LEU.--The term ``HA-LEU'' means high-assay low-
     enriched uranium.
       (4) High-assay low-enriched uranium.--The term ``high-assay 
     low-enriched uranium'' means uranium having an assay greater 
     than 5.0 percent and less than 20.0 percent enrichment of the 
     uranium-235 isotope.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Flores) and the gentleman from Texas (Mr. Gene Green) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas (Mr. Flores).


                             General Leave

  Mr. FLORES. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. FLORES. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, nuclear power is a clean and efficient source of zero-
emissions energy. Today, it generates approximately 20 percent of our 
country's ``always-on, baseload'' electricity for our homes and 
businesses.
  Most nuclear reactors currently in use are very similar in nature and 
operate on a fuel that is generally enriched below 5 percent. The next 
generation of advanced reactors under development, however, vary in 
size and operation, and they will require flexibility and efficiencies 
from an advanced fuel. This fuel, known as high-assay, low-enriched 
uranium, or HA-LEU, is enriched at higher levels than what is available 
in the current commercial market.
  The bipartisan Advanced Nuclear Fuel Availability Act, which I 
introduced with my friend, the gentleman from California (Mr. 
McNerney), establishes a public-private partnership through the Energy 
Department's Office of Nuclear Energy to support the availability of 
HA-LEU for domestic commercial use.

                              {time}  1230

  A March 2017 survey of 18 advanced reactor developers based in the 
United States found that the lack of availability of advanced fuels is 
the foremost factor that would impede the development and deployment of 
advanced reactor technologies.
  Simply put, this bill would ensure that there is a supply of advanced 
fuel available for domestic commercial industry purchase for the 
advanced reactors of tomorrow.
  Global energy demand will continue to increase, and emissions-free 
nuclear power is the ultimate source to meet those needs for the next 
generation of electricity. It is important to pass this bill to give 
American innovators a competitive edge in designing and deploying the 
reactors of tomorrow.
  Mr. Speaker, I thank, again, Mr. McNerney for working with me on this 
issue, as well as committee leadership and staff for their assistance 
in bringing this legislation forward.
  Mr. Speaker, I urge my colleagues to support this bipartisan measure, 
and I reserve the balance of my time.
  Mr. GENE GREEN of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in support of H.R. 6140. This bill is an effort 
to accelerate the availability of high-assay low-enriched uranium, the 
fuel needed for most advanced nuclear designs.
  There is no existing commercial market for this fuel, so in order to 
ensure that the fuel is available for advanced reactors once they are 
licensed and ready to begin producing electricity, the Federal 
Government will need to coordinate efforts among agencies, and with the 
commercial nuclear sector, to ensure that high-assay low-enriched 
uranium can be licensed and safely transported.
  You wouldn't buy a lawnmower if you couldn't buy gas to run it. 
Similarly, we need to develop a domestic market for fuel needed to 
power these advanced nuclear reactor projects that are coming onto the 
market in the next decade.
  I thank my colleagues on the Energy and Commerce Committee, both 
Representative Flores and Representative McNerney, for developing this 
thoughtful proposal.
  Mr. Speaker, I urge my colleagues to support the bill, and I reserve 
the balance of my time.
  Mr. FLORES. Mr. Speaker, I continue to reserve the balance of my time 
until my other colleagues arrive.
  Mr. GENE GREEN of Texas. Mr. Speaker, I yield such time as he may 
consume to the gentleman from California (Mr. McNerney), one of the 
cosponsors of the bill.
  Mr. McNERNEY. Mr. Speaker, I thank Mr. Green. I have had the pleasure 
of serving with Mr. Green for about 12 years now, and he has been an 
incredible colleague. One thing I can say about Mr. Green: He is good 
for his word. When he says he is going to provide something and produce 
something, he does. So I appreciate the gentleman's friendship and 
collegiality.
  Mr. Speaker, today, I rise in support of H.R. 6140, the Advanced 
Nuclear Fuel Availability Act. Every day, we are seeing the devastating 
effects of climate change, like the deadly wildfires we just had in 
California; severe flooding around the world; and our Nation's 
persistent asthma rates, which continue to threaten public health.
  The Federal Government has the responsibility to address climate 
change by investing in proactive measures to combat this prevailing 
threat. We need a diverse--and I repeat, diverse--energy mix, including 
nuclear power, which already generates 60 percent of our Nation's zero-
emissions electricity.
  H.R. 6140 is the future of nuclear technology. It creates a pathway 
for tomorrow's nuclear reactors so that we will be able to confront the 
realities of climate change.
  This bill directs the Department of Energy to conduct studies, 
authorizes the Department of Energy to acquire materials, and requires 
the DOE to develop a schedule to recover these costs.
  The availability of high-assay low-enriched uranium is critical to 
these efforts. Federal investments and protocols regarding the 
transportation, fuel fabrication, and enrichment to effectively bring 
this fuel to market are encouraging.
  This bill updates the Nuclear Regulatory Commission's policies and 
addresses the development of a robust regulatory regime, the options 
for requiring this type of uranium, and the preparation of the 
infrastructure required for this fuel.
  As we look to the future, small modular reactors, or SMRs, as they 
are referred to, will be useful in a variety of settings, from 
microgrids to rural areas. And this type of fuel needs to be available 
by the time SMRs come to the market.

[[Page H10043]]

  The consortium that is formed here is the type of partnership that 
will be useful in kick-starting this technology and then turning it 
over to let industry take the reins.
  I thank my partners on this bill--Mr. Flores, Mr. Upton, Mr. Walden, 
and Mr. Pallone--for their leadership on this issue, and I thank our 
staffs for their work on this critical legislation.
  Mr. Speaker, finally, I thank my friend and colleague Mr. Green, 
again, who is retiring this year. He has been a champion for 
bipartisanship and compromise, and an advocate for sound policy in this 
Chamber. He will be missed. I will also miss the Speaker who is sitting 
in the Chair right now.
  Mr. Speaker, I urge my colleagues to support H.R. 6140.
  Mr. GENE GREEN of Texas. Mr. Speaker, I have no other speakers, and I 
yield back the balance of my time.
  Mr. FLORES. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, it is simple. H.R. 6140 will set the stage for powering 
electricity in the future in a green manner by allowing for the 
development of those new-generation reactors, but we have to have the 
fuel to do it. This bill, by working with my good friend Mr. McNerney 
from California, does that.
  This bill passed the subcommittee in the Committee on Energy and 
Commerce by a unanimous voice vote. It also passed the full committee 
by a voice vote. It is a bipartisan solution to address a real need to 
generate electricity, always-on, baseload electricity, in a zero-
emissions manner.
  Mr. Speaker, I urge all of my colleagues to vote for this important 
piece of legislation, and I yield back the balance of my time.
  Mr. UPTON. Mr. Speaker, H.R. 6140, the ``Advanced Nuclear Fuel 
Availability Act,'' is a bipartisan bill sponsored by my Energy and 
Commerce colleagues, Bill Flores of Texas, along with Jerry McNerney of 
California.
  We considered this bill through regular order in Committee and the 
Full Committee reported the bill favorably, as amended, by a voice 
vote.
  Imagine designing a new car that is safer, less expensive, and gets 
triple the mileage than anything we see on the road today. But when the 
vehicle is ready to hit the road, there is no gas to fill up the tank.
  Nuclear innovators face a similar--and very critical--challenge as 
they work to bring several promising advanced nuclear technologies to 
the market. These new designs require fuels that have different 
attributes than what is used in today's fleet of nuclear reactors, but 
the fuels are not commercially available.
  H.R. 6140 addresses this challenge by ensuring nuclear innovators 
will have the advanced fuels needed to develop and demonstrate their 
products commercially.
  The bill provides a direct path to align advanced nuclear fuel supply 
with initial demand for the deployment of next generation nuclear 
technologies. It provides for the development of the technical 
information necessary to assist the creation of the regulatory and 
licensing framework for these fuels.
  The bill directs the Secretary of Energy to establish a temporary 
program, operating to support a public-private partnership, that will 
make what is known as high-assay low-enriched uranium available for use 
in the first-of-a-kind advanced nuclear reactor designs. It provides 
for the surveys and information necessary to inform the new market 
development and cost recovery for initial federal investments.
  In short, the Advanced Nuclear Fuel Availability Act takes practical, 
targeted steps to ensure the infrastructure will be in place in time to 
enable the development and deployment of a new generation of nuclear 
technologies in the United States.
  This is an important bill for ensuring the nation's international 
leadership on nuclear technology, for ensuring our energy security, and 
achieving our clean energy goals.
  I urge all of my colleagues to support H.R. 6140.

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Flores) that the House suspend the rules and 
pass the bill, H.R. 6140, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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