IB 
Union Calendar No. 822 
115TH CONGRESS 
2D SESSION 
H. R. 6140 
[Report No. 115–1056] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 19, 2018 
Mr. FLORES (for himself and Mr. MCNERNEY) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
NOVEMBER 29, 2018 
Additional sponsor: Mr. RUSH 
NOVEMBER 29, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 19, 2018] 
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A BILL 
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. 
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Be it enacted by the Senate and House of Representa-
tives 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 pro-
gram to support the availability of HA–LEU for domestic 
commercial use. 
(b) PROGRAM ELEMENTS.—In carrying out the pro-
gram under subsection (a), the Secretary— 
(1) may provide financial assistance to assist 
commercial entities to design and license transpor-
tation 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 de-
signs 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; 
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(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 activi-
ties of the National Nuclear Security Administration; 
(4) not later than one year after the date of en-
actment of this Act, and biennially thereafter through 
September 30, 2025, shall conduct a survey of stake-
holders to estimate the quantity of HA–LEU nec-
essary for domestic commercial use for each of the five 
subsequent years; 
(5) shall assess options available for the Sec-
retary to acquire HA–LEU for such program, includ-
ing an assessment, for each such option, of the cost 
and amount of time required; 
(6) shall establish a consortium, which may in-
clude 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 para-
graph (4); and 
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(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 prac-
ticable, 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 Com-
mission, criticality benchmark data to assist the Com-
mission 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 
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