[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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