Sec. 401. Advanced nuclear fuel approval

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Not later than 1 year after the date of enactment of this Act, the Chairman and the Secretary shall enter into a memorandum of understanding relating to advanced nuclear fuels. The memorandum of understanding entered into under paragraph

(1)shall require the Department and the Commission to coordinate, as appropriate— to ensure that the Department has sufficient technical expertise to support the timely research, development, demonstration, and commercial application by the civilian nuclear industry of innovative advanced nuclear fuels, including by facilitating the development and sharing of criticality benchmark data to support— the licensing of fuel enrichment, deconversion, and fabrication facilities for— advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and the certification of transportation packages for— advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; to ensure that the Commission has sufficient technical expertise to support the evaluation of advanced nuclear fuels; to identify methods to improve the use of computers and software codes to calculate the behavior and performance of advanced nuclear fuels based on mathematical models of the physical behavior of advanced nuclear fuels; to ensure that the Department maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of innovative advanced nuclear fuels; and to ensure that the Commission has access to the facilities described in subparagraph (D), as needed. Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that— identifies criticality benchmark data to assist— the licensing of fuel enrichment, deconversion, and fabrication facilities for— advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and the certification of transportation packages for— advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; identifies and describes any updates to regulations, certifications, and other regulatory policies that the Commission determines are necessary for licensing and oversight relating to high-assay, low-enriched uranium, including— certifications relating to transportation packages for— high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and licensing of fuel enrichment, deconversion, and fabrication facilities for high-assay, low-enriched uranium, and associated physical security plans for those facilities; identifies and describes any updates to regulations, certifications, and other regulatory policies that the Commission determines are necessary to address nuclear nonproliferation considerations that— are within the mission of the Commission; and are associated with— high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; identifies and describes— any data needs, regulatory requirements, or policies identified under paragraph (1), (2), or

(3)that— differ based on whether they are related to— high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; or are unique to— high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; the manner in which the data needs, regulatory requirements, or policies identified under subparagraph (A)(i) differ as described in that subparagraph; and the extent to which the data needs, regulatory requirements, or policies identified under subparagraph (A)(ii) are unique to either— high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and includes a timeline for completing the updates described in paragraphs

(2)and

(3)within the existing regulatory framework.