text: 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 1 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 
          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, 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;
                              (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.
  
              Passed the House of Representatives December 11, 2018.
  
              Attest:
  
                                                   KAREN L. HAAS,
  
                                                                   Clerk.
target: Advanced Nuclear Fuel Availability Act This bill directs the Department of Energy to develop and deploy high-assay low-enriched uranium for domestic commercial use and to develop a schedule for recovering costs associated with such development.
feat_title: Advanced Nuclear Fuel Availability Act