[Congressional Record Volume 165, Number 143 (Monday, September 9, 2019)]
[House]
[Pages H7544-H7546]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 ADVANCED NUCLEAR FUEL AVAILABILITY ACT

  Mr. RUSH. Mr. Speaker, I move to suspend the rules and pass the bill

[[Page H7545]]

(H.R. 1760) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1760

       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, 2022, 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, 
     2024;
       (3) not later than January 1, 2021, 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 1 year after the date of enactment of 
     this Act, and biennially thereafter through September 30, 
     2026, shall conduct a survey of stakeholders to estimate the 
     quantity of HA-LEU necessary for domestic commercial use for 
     each of the 5 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, 2026, 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 2020;
       (ii) $1,500,000 for fiscal year 2021; and
       (iii) $1,500,000 for fiscal year 2022.
       (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, 
     2034.

     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 
Illinois (Mr. Rush) and the gentleman from Michigan (Mr. Upton) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. RUSH. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill, H.R. 1760.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. RUSH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 1760, the Advanced 
Nuclear Fuel Availability Act introduced by my colleagues on the Energy 
and Commerce Committee, Mr. Flores from Texas and Mr. McNerney from 
California.
  This legislation, Mr. Speaker, will help facilitate the availability 
of high-assay low-enriched uranium, the fuel required for most advanced 
nuclear reactor design. Mr. Speaker, there is no existing commercial 
market for this fuel.
  In order to ensure that this fuel is available for advanced reactors 
in the United States when they are fully licensed and ready to provide 
consumers with electricity, the Federal Government will need to 
coordinate efforts among agencies and within the commercial nuclear 
sector to ensure that high-assay low-enriched uranium can be licensed 
and transported safely.
  Mr. Speaker, we must develop a domestic market for the fuel needed to 
power these advanced nuclear reactor projects that are coming into the 
market in the near future.
  Mr. Speaker, I want to thank my colleagues on the Energy and Commerce 
Committee, both Mr. Flores and Mr. McNerney, for developing this 
thoughtful and much-needed proposal.
  Mr. Speaker, I urge all of my colleagues to support H.R. 1760, and I 
reserve the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield 5 minutes to the gentleman from Texas 
(Mr. Flores), the sponsor of the legislation.
  Mr. FLORES. Mr. Speaker, I want to start by thanking Mr. Upton for 
yielding his time to me.
  I rise in support of H.R. 1760, the Advanced Nuclear Fuel 
Availability Act, a bill that I introduced with my friend, Mr. 
McNerney, from California.
  This bipartisan bill passed the House unanimously in the last 
Congress. It would ensure that America remains at the forefront of the 
global race to develop the next generation of nuclear reactor 
technologies.
  Nuclear energy generates approximately 20 percent of our country's 
always-on baseload electricity for our

[[Page H7546]]

homes and businesses. Furthermore, because nuclear emits zero 
CO2, it is also America's largest source of clean and 
efficient energy.
  Most current-generation and legacy nuclear reactors in use today 
operate on a fuel that is generally enriched below 5 percent. The next 
generation of advanced nuclear reactors currently under development 
vary in size and technology compared to current reactors, and they 
would require a new type of advanced fuel.
  This fuel known as high-assay low-enriched uranium, or HA-LEU for 
short, is enriched at higher levels than what is available in the 
current commercial market. The bipartisan Advanced Nuclear Fuel 
Availability Act establishes a public-private partnership through the 
Department of Energy's Office of Nuclear Energy to support the 
availability of HA-LEU for domestic commercial use.
  A March 2017, survey of advanced reactor developers based in the U.S. 
found that the lack of availability of advanced fuel is the foremost 
factor that would impede the development and deployment of advanced 
nuclear technologies.
  Simply put, H.R. 1760 would ensure that a supply of advanced fuel is 
available for our domestic commercial industry to purchase and to power 
the advanced reactors of tomorrow.
  Global energy demand will continue to increase and zero-emissions 
nuclear power is the ultimate green source to meet future generations' 
needs. 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 Mr. McNerney again for coleading H.R. 1760 with 
me, as well as our committee leadership and staff for their assistance 
in bringing this legislation forward.
  I, again, urge my colleagues to support this bipartisan bill so we 
can power the 21st century economy in an environmentally friendly, zero 
emissions manner for hardworking American families.
  Mr. RUSH. Mr. Speaker, I reserve the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this legislation, H.R. 1760, the Advanced Nuclear Fuel 
Availability Act, is, in fact, another bipartisan bill sponsored by Mr. 
Flores, who just spoke, along with Jerry McNerney from California.
  At the end of the last Congress, the House passed the identical bill 
on suspension and also on a voice vote after the Energy and Commerce 
Committee had reported the bill favorably and also on a voice vote.
  Nuclear innovators face a 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.
  So this bill ensures nuclear innovators will, in fact, 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 
licensing framework for these fuels.

  The bill also directs the Secretary of Energy to establish a 
temporary program, operating to support a public-private partnership 
that is going to make what is known as high-assay low-enriched uranium 
available for use in the first-of-a-kind advanced nuclear reactor 
designs.
  It is going to provide for the information necessary to inform the 
new-market developments and cost recovery for any initial Federal 
investment.
  So, in short, the Advanced Nuclear Fuel Availability Act takes the 
necessary steps to ensure that the infrastructure will be in place in 
time to enable the development and deployment of a new generation of 
nuclear technologies across the U.S.
  It is an important bill for ensuring the Nation's international 
leadership on nuclear technology to ensure that our energy security and 
achieving our clean-energy goals are, in fact, done.
  I urge my colleagues to support this bill and when it passes, I urge 
our Senate colleagues to adopt it as well. It is a bipartisan bill and, 
again, I congratulate the leadership on both sides of the aisle for 
bringing this bill to the floor for debate in a vote this afternoon.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RUSH. Mr. Speaker, I, again, associate myself with the remarks of 
the gentleman from Michigan, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Rush) that the House suspend the rules and 
pass the bill, H.R. 1760.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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