H.R. 6140House115th Congress (2017-2019)Passed House

Advanced Nuclear Fuel Availability Act

Introduced June 19, 2018

AI-Generated Summary

Updated April 15, 2026 at 10:41 PM UTC

The Advanced Nuclear Fuel Availability Act directs the Energy Secretary to create a program that makes high-assay low‑enriched uranium (HA‑LEU) available for U.S. commercial nuclear power use. The program would help design and license transport containers, assess how to acquire HA‑LEU, and set up a consortium of industry partners to purchase the fuel. It also requires reports on uranium inventories, stakeholder needs, and regulatory changes, and it ends in 2033.

Key Provisions

  • The Secretary of Energy must establish a program, through the Office of Nuclear Energy, to support HA‑LEU availability for domestic commercial use.
  • The program can provide financial help to companies designing and licensing transportation packages for HA‑LEU, with at least 20% of costs paid by non‑federal entities.
  • Commercial entities are to submit package designs to the Nuclear Regulatory Commission (NRC) by Jan 1 2021, and the NRC is encouraged to certify them by Jan 1 2023.
  • The Secretary must report to Congress by Jan 1 2020 on the DOE’s uranium inventory that could be processed into HA‑LEU.
  • A biennial survey (first within a year of enactment) will estimate HA‑LEU needs for the next five years, continuing through Sept 30 2025.
  • The Secretary will assess options for acquiring HA‑LEU, including cost and timing, and create a consortium of fuel‑cycle participants to help with surveys and purchase HA‑LEU.
  • A cost‑recovery schedule will be developed before acquiring HA‑LEU, with acquisition beginning no later than three years after the consortium is formed and delivery to members by Jan 1 2025.
  • The Department will work with the NRC to develop criticality benchmark data to aid licensing of fuel fabrication, enrichment facilities, and transport packages.
  • Sales of HA‑LEU to consortium members must follow certain provisions of the USEC Privatization Act.
  • Funding is authorized for transportation‑package design ($1.5 million each for FY 2019‑2021); any HA‑LEU purchases require separate appropriations and full upfront cost recording.
  • The program’s authority expires on Sept 30 2033.
  • Within 12 months of enactment, the NRC must report to Congress on needed regulatory updates, certifications, and a timeline for making HA‑LEU commercially available.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

15 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

December 12, 2018

View full timeline
HouseIntro Referral

Introduced in House

June 19, 2018

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

June 19, 2018

HouseCommittee

Referred to the Subcommittee on Energy.

June 21, 2018

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

June 21, 2018

HouseCommittee

Forwarded by Subcommittee to Full Committee by Voice Vote .

June 21, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 12, 2018

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

July 12, 2018

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 115-1056.

November 29, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 822.

November 29, 2018

HouseFloor

Mr. Flores moved to suspend the rules and pass the bill, as amended.

December 11, 2018 • 12:27 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H10041-10043)

December 11, 2018 • 12:28 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 6140.

December 11, 2018 • 12:28 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H10041-10042)

December 11, 2018 • 12:38 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H10041-10042)

December 11, 2018 • 12:38 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 11, 2018 • 12:38 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

December 12, 2018

Floor Debate

17 members

What members said about H.R. 6140 on the floor

11 Republicans6 Democrats
Joe Barton
Rep. Joe BartonR-TX-6 · Dec 11, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 7217) to amend title XIX of the Social Security Act to provide States with the option of providing coordinated care for children with…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Dec 11, 2018

Mr. Speaker, I rise in support of H.R. 7217. This is a bipartisan Medicaid package that moves forward House priorities with responsible offsets. The Energy and Commerce Committee has been working to…

Kathy Castor
Rep. Kathy CastorD-FL-14 · Dec 11, 2018

Mr. Speaker, I thank Congressman Green for being an outspoken advocate for his constituents, but especially for affordable healthcare for all Americans, especially children. It has been a privilege…

Greg Walden
Rep. Greg WaldenR-OR-2 · Dec 11, 2018

Mr. Speaker, I thank Mr. Barton for his great leadership on the ACE Kids Act. I know this has been something he has been dedicated to for many years, and I am glad we could get this worked out and to…

Gene Green
Rep. Gene GreenD-TX-29 · Dec 11, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H.R. 7217, the IMPROVE Act. This legislation contains several important policies related to Medicaid…

Show 8 more
Bill Flores
Rep. Bill FloresR-TX-17 · Dec 11, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6140) to require the Secretary of Energy to establish and carry out a program to support the availability of HA-LEU for domestic…

Debbie Dingell
Rep. Debbie DingellD-MI-12 · Dec 11, 2018

Mr. Speaker, I thank my colleague, Ranking Member Gene Green, for yielding me the time. I rise in support of H.R. 7217, the IMPROVE Act, and I thank Chairman Walden, Ranking Member Pallone, and…

Jerry McNerney
Rep. Jerry McNerneyD-CA-9 · Dec 11, 2018

Mr. Speaker, I thank Mr. Green. I have had the pleasure of serving with Mr. Green for about 12 years now, and he has been an incredible colleague. One thing I can say about Mr. Green: He is good for…

Jaime Herrera Beutler
Rep. Jaime Herrera BeutlerR-WA-3 · Dec 11, 2018

Mr. Speaker, I thank Chairman Barton for his leadership on this. I am so excited that we are here today to celebrate this. I have spent months of my life in a NICU for my own medically complex child,…

Fred Upton
Rep. Fred UptonR-MI-6 · Dec 11, 2018

Mr. Speaker, H.R. 6140, the ``Advanced Nuclear Fuel Availability Act,'' is a bipartisan bill sponsored by my Energy and Commerce colleagues, Bill Flores of Texas, along with Jerry McNerney of…

Peter Welch
Rep. Peter WelchD-VT · Dec 11, 2018

Mr. Speaker, I extend my congratulations as well to Mr. Barton. It has been a pleasure working with you, sir. Thank you. Also, to Mr. Green, thank you very much for all your service. What an…

Kurt Schrader
Rep. Kurt SchraderD-OR-5 · Dec 11, 2018

Mr. Speaker, I rise today in support of H.R. 7217, the IMPROVE Act. I appreciate all the work that has been done on this bill over the years. From improving care for kids with complex medical…

Gene Green
Rep. Gene GreenD-TX-29 · Dec 11, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 6140. This bill is an effort to accelerate the availability of high-assay low-enriched uranium, the fuel…

Show 6 more
Fred Upton
Rep. Fred UptonR-MI-6 · Dec 11, 2018

Mr. Speaker, I stand in support of this legislation today. I thank my colleague Debbie Dingell. The two of us helped cosponsor the spousal impoverishment bill, which is part of this bill. There was…

Earl L. "Buddy" Carter
Rep. Earl L. "Buddy" CarterR-GA-1 · Dec 11, 2018

Mr. Speaker, I rise today in support of the IMPROVE Act. My colleagues on the Energy and Commerce Committee and I have been working to address a number of the issues that culminated under this…

Gus M. Bilirakis
Rep. Gus M. BilirakisR-FL-12 · Dec 11, 2018

Mr. Speaker, I rise in support of H.R. 7217, the IMPROVE Act, which includes several important Medicaid provisions, including the ACE Kids Act. I have been a cosponsor of the ACE Kids Act since its…

Lee M. Zeldin
Rep. Lee M. ZeldinR-NY-1 · Dec 11, 2018

Mr. Speaker, I thank Mr. Barton for yielding the time. Mr. Speaker, today I rise to speak in support of language that was added to the IMPROVE Act that would protect access to critical equipment for…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Dec 11, 2018

Mr. Speaker, I rise in support of my legislation, the EMPOWER Care Act, which is included in H.R. 7217. It will ensure that Medicaid beneficiaries can receive the best long-term care possible in…

Lamar Smith
Rep. Lamar SmithR-TX-21 · Dec 11, 2018

Mr. Speaker, I believe it is important to make very clear with this legislation that CMS should not waive any Medicaid state plan requirements that would limit the freedom to choose qualified…

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued December 12, 2018

IIB

115th CONGRESS

2d Session

H. R. 6140

IN THE SENATE OF THE UNITED STATES

December 12, 2018

Received; read twice and referred to the Committee on Energy and Natural Resources

AN ACT

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.

1.

Short title

This Act may be cited as the Advanced Nuclear Fuel Availability Act.

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.

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.

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.

Karen L. Haas,

Clerk