program to support the availability of HA–LEU for do-
mestic 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; 
(3) not later than January 1, 2020, shall sub-
mit to Congress a report on the Department’s ura-
nium inventory that may be available to be proc-
essed to HA–LEU for purposes of such program; 
(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 stakeholders to estimate the quantity of HA–LEU 
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necessary 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, in-
cluding 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 sup-
port the availability of HA–LEU for domestic com-
mercial use, including by— 
(A) providing information to the Secretary 
for purposes of surveys conducted under para-
graph (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 avail-
able 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 
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(6), acquire HA–LEU, in order, to the extent prac-
ticable, to make such HA–LEU available to mem-
bers of the consortium beginning not later than Jan-
uary 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 
Commission in— 
(A) the licensing and regulation of cat-
egory II spent nuclear material fuel fabrication 
and enrichment facilities under part 70 of title 
10, Code of Federal Regulations; and 
(B) certification of transportation pack-
ages under part 71 of title 10, Code of Federal 
Regulations. 
(c) APPLICABILITY OF USEC PRIVATIZATION ACT.— 
Section 3112(d)(2) of the USEC Privatization Act (42 
U.S.C. 2297h–10(d)(2)) shall not apply to a sale or trans-
fer of HA–LEU by the Secretary to a member of the con-
sortium under this section. 
(d) FUNDING FOR TRANSPORTATION PACKAGE DE-
SIGN.— 
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(1) COST SHARE.—The Secretary shall ensure 
that not less than 20 percent of the costs of design 
and license activities carried out pursuant to sub-
section (b)(1) are paid by a non-Federal entity. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
subsection (b)(1)— 
(A) $1,500,000 for fiscal year 2019; 
(B) $1,500,000 for fiscal year 2020; and 
(C) $1,500,000 for fiscal year 2021. 
(e) SUNSET.—The authority of the Secretary to carry 
out the program under this section shall expire on Sep-
tember 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, cer-
tifications, 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 ac-
countability of category II special nuclear mate-
rial; 
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(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 fa-
cilities; 
(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 ura-
nium-235 isotope. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
Æ 
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