[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
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(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
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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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